It shall be the policy of the city not to discriminate in its policies, programs, services, and activities on the basis of disability, race, creed, color, national origin, ancestry, citizenship, immigration status, sex, sexual orientation, gender identity, gender expression, marital status, age, religion, or any other status protected under applicable federal, state, or local law.

(Code 1975, § 55A-1; Ord. No. 1318, 1-9-84; Ord. No. 3674, § 1, 9-25-24)

The appointing authority shall appoint one person from the city staff to act as complaint officer to handle discrimination complaints in nonemployment matters where discrimination has been alleged in its programs or activities. The officer shall also advise the appointing authority on actions that may be needed to keep the city in compliance with its policy of nondiscrimination in programs and activities, and undertake or coordinate such actions or activities at the direction of the appointing authority.

(Code 1975, § 55A-2; Ord. No. 1318, 1-9-84)

(a)

Time limits. Any individual who believes that such individual has been discriminated against in city policies, programs, services, or activities on the basis of disability, race, creed, color, national origin, ancestry, citizenship, immigration status, sex, sexual orientation, gender identity, gender expression, marital status, age, religion, or any other status protected under applicable federal, state, or local law, or any organization acting on behalf of such individual, may file a complaint with the city; provided, however, that in order for any individual or representative thereof to file a complaint under this section, the complainant shall have notified the complaint officer of the action causing the complainant to believe that the complainant has been discriminated against within 60 calendar days of the date of such action.

(b)

Preliminary counseling. Prior to filing a formal complaint as provided for in subsection (c) of this section, the aggrieved individual or representative thereof shall notify the complaint officer of the complaint. Upon receipt of such notification, the complaint officer shall meet with the complainant for the purpose of attempting to resolve the matter. If the complainant is dissatisfied with the action of the complaint officer following such preliminary hearing, the complainant may pursue such complaint in accordance with the formal complaint procedures set forth in subsection (c) of this section.

(c)

Formal complaint procedure.

(1)

The complaint alleging discrimination shall be submitted in writing to the complaint officer by the complainant or the complainant's representative and shall be signed by the complainant. The complaint shall identify the actions upon which the complaint of discrimination is based and what action the complainant is seeking. After a complaint has been submitted in writing, it shall not be amended to add any new allegations unless such additional allegations are shown to be based upon actions taken as a direct result of the filing of the complaint.

(2)

The written complaint shall be filed with the complaint officer within 15 calendar days after the final precomplaint counseling session.

(3)

A complainant shall be free from restraint, interference, coercion, discrimination or reprisal of any kind for utilizing the complaint procedure. In presenting a complaint to the complaint officer, a complainant shall have the right to be accompanied, represented and advised by a representative of the complainant's choosing at the complainant's expense.

(4)

Upon receipt of such written complaint and after determining that the complaint falls within the scope of this article and that the complainant has satisfied the requirements of precomplaint counseling, the complaint officer shall acknowledge in writing to the complainant or to the complainant's representative receipt of the complaint and advise the complainant of the complainant's right to seek relief through administrative or civil proceedings. Such acknowledgment shall be made within ten working days of the receipt of the complaint. In addition to advising the complainant of any such right to seek relief through administrative or civil proceedings, the complaint officer, upon determining that discriminatory action has been taken, shall notify the appointing authority of such finding and make appropriate recommendations for the purpose of preventing any further acts of discrimination.

(Code 1975, § 55A-3; Ord. No. 1318, 1-9-84; Ord. No. 3674, § 2, 9-25-24)