§ 14.04.140. Determination of reasonable cause—Conciliation and settlement of cases involving all respondents except City departments.
Latest version.
A.
In all cases except a case in which a City department is the respondent, if a determination
is made that reasonable cause exists to believe that an unfair practice has occurred,
the Director shall endeavor to eliminate the unfair practice by conference, conciliation
and persuasion. Conditions of settlement may include (but are not limited to) the
elimination of the unfair employment practice, hiring, reinstatement or upgrading
with or without back pay, lost benefits, attorney's fees, admittance or restoration
to membership in a labor organization, admittance to participation in a guidance,
apprentice training or retraining program or such other action which will effectuate
the purposes of this chapter, including action which could be ordered by a court,
except that damages for humiliation and mental suffering shall not exceed Ten Thousand
Dollars ($10,000.00). Any settlement agreement shall be reduced to writing and signed
by the Director and the respondent. An order shall then be entered by the Director
setting forth the terms of the agreement. Copies of such order shall be delivered
to all affected parties.
B.
In case of failure to reach an agreement and of conciliation and upon a written finding
to that effect furnished to the charging party and respondent, except a case in which
a City department is a respondent, the Director shall promptly cause to be delivered
the entire investigatory file, including the charge and any and all findings made,
to the City Attorney for further proceedings and hearing under this chapter pursuant
to Section 14.04.170.
