§ 126.405. Investigation and findings procedure of commission.

(a)

When requested by the Chief or the Mayor, it shall be the duty of the Executive Director to undertake an appropriate investigation to determine compliance or noncompliance:

(1)

With the policy of nondiscrimination required by this Part with respect to a person seeking the award of a City contract.

(2)

With the nondiscrimination provisions of a City contract.

(b)

At the conclusion of the investigation, the Executive Director shall issue an order finding compliance or noncompliance, including the facts upon which his findings and conclusions are based, to the bidder or contractor affected and to the Mayor, the Chief and the Awards Committee.

(c)

An order finding compliance shall become final upon issuance by the Executive Director. An order finding noncompliance shall become final 20 days after issuance by the Executive Director, unless the order is appealed.

(d)

An order finding noncompliance may be appealed by the bidder or contractor affected within 20 days after issuance by the Executive Director by the filing of a notice of appeal with the Commission. The filing of the notice of appeal shall act as a stay of the order until final disposition by the Commission.

(e)

Upon the filing of a notice of appeal, the Commission shall afford the bidder or contractor affected an opportunity to be heard before the Commission and shall thereafter enter its order, by a vote of the majority of the entire membership of the Commission, upholding or reversing the order of the Executive Director. The order of the Commission shall become final upon issuance, unless appealed to a court of competent jurisdiction.

(f)

In the case of contracts which are funded in part or wholly by funds derived from the United States Government, the Executive Director and his staff shall not disclose employment records or other data obtained from employers and others in the course of investigations, except relevant information pertaining thereto or as reasonably required to be disclosed in connection with an appeal to the Commission. To the extent permitted by law, the members of the Commission, the Director and the Mayor shall also maintain the confidentiality of records and data which may be disclosed to them in the course of an investigation.

(Ord. 2004-602-E, § 4)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.