§ 14.10.120. Determinations of reasonable cause—Conciliation, settlement and conclusion of cases involving City departments as respondents.  


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  • In all cases in which a City department is a respondent:

    A.

    A determination of reasonable cause by the Director shall be deemed a finding that an unfair contracting practice has been committed by respondent and is dispositive of this issue for all future proceedings under this chapter.

    B.

    Within sixty (60) days of a determination of reasonable cause, the Director shall confer with the parties and determine an appropriate remedy, which remedy may include (but is not limited to) hiring, reinstatement, lost profits, attorney's fees, admittance or restoration to membership in a trade association, admittance to participation in a training, or such other action as 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). Such remedy shall be reduced to writing in an order of the Director.

    C.

    The charging party must sign a release in the form and manner requested by the Department, releasing the City from further liability for acts giving rise to the charge in order to obtain the benefits of the remedy provided under this section and before payment can be made. Without such release, the Director's order with respect to the charging party's individual relief shall have no force and effect. In such event the Director shall notify the parties involved in writing.

    D.

    In all cases where the remedy determined by the Director includes a monetary payment which exceeds the sum of Ten Thousand Dollars ($10,000), the charge or claim, the Director's determination, order, the charging party's signed release and such further documentation as may be required shall be presented to the City Council for passage by separate ordinance. If the City Council fails or refuses to appropriate the amount ordered by the Director within ninety (90) days, the Director shall certify the case to the Hearing Examiner for a hearing to determine the appropriate monetary relief in the case which determination shall be final and binding upon the City.

    E.

    Where the Director's order includes a monetary payment of Ten Thousand Dollars ($10,000) or less, such payment shall be made under the authority and in the form and manner otherwise provided for by law for payment of such claims.

(Ord. 119601 § 12, 1999.)