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A. Upon the filing of a complaint, the City Manager shall commence an investigation to determine the facts behind the complaint and whether there is reasonable cause to believe the respondent committed an unlawful employment practice, except that no investigation may commence if, after reviewing the allegations of the complaint, the City Manager determines that the complaint does not come within the scope of this chapter. Upon determining that a particular complaint does not come within the scope of this chapter, the City Manager shall dismiss the complaint, notify the complainant and respondent and take no further action.

B. In connection with any investigation of a complaint filed under this chapter, the City Manager shall seek the voluntary cooperation of any person to:

1. Obtain access to premises, records, documents, individuals, and any other possible source of information;

2. Examine, record, and copy necessary materials; and

3. Take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation.

C. The City Manager may request the issuance of a subpoena or subpoena duces tecum to compel the attendance of a witness or the production of relevant materials or documents.

D. The City Manager may dismiss a complaint during the investigation and prior to referral to the City prosecutor if the City Manager determines that:

1. The complaint was not filed within the required time period;

2. The location of the alleged unlawful employment practice is not within the City’s jurisdiction;

3. The employer does not employ a sufficient number of employees in the City to meet this chapter’s jurisdictional requirements;

4. The alleged unlawful employment practice is not a violation of this chapter;

5. The complainant refuses to cooperate with the City Manager in the investigation of the complaint or enforcement of an executed conciliation agreement;

6. The complainant cannot be located after the City Manager has performed a reasonable search; or

7. A conciliation agreement has been executed by the complainant and respondent.

8. The complainant withdraws the complaint by written notice to the City Manager. (Ord. 10-24, 2010)