§ 10-30. Procedure.

(a)

Any person aggrieved by an unlawful practice prohibited by this article shall file a written complaint with the county manager or a designee or the county staff person assigned to the board's appointed board or hearing officer within forty-five (45) days after the alleged unlawful practice occurs.

(b)

Upon receipt of a complaint the board, its appointed board or hearing officer shall serve upon the individual charged with a violation, hereinafter referred to as the respondent, the complaint and written resume setting forth the rights of both parties including, but not limited to, the right of the respondent to a hearing on the matter before any consideration by the board, its appointed board or hearing officer.

(c)

The board, its appointed board or hearing officer shall immediately investigate the complaint. Within sixty (60) days from the date of receipt of the complaint, or as soon thereafter as feasible based upon the complexity of the complaint and schedule of meetings, the board, its appointed board or hearing officer shall issue a written report with findings of fact.

(d)

Copies of the board's report, its appointed board's report or hearing officer's report shall be sent to the complainant and the respondent. Either may within fifteen (15) days after the date of such report, request a hearing before the board, the appointed board or hearing officer.

(e)

When the complainant or the respondent requests a hearing by the board, its appointed board or hearing officer, or when the board, its appointed board or hearing officer determines that a hearing is desirable, the board, its appointed board or hearing officer shall schedule and conduct such hearing in accordance with section 10-31 below.

(f)

The board, its appointed board or hearing officer shall implement the actions specified in its report, or if a hearing is held, shall implement the actions determined to be appropriate by the board, its appointed board or hearing officer in the hearing.

(g)

The board, its appointed board or hearing officer in its review may determine:

(1)

That the complaint lacks ground upon which to base action for violation of this article, or

(2)

That the complaint has been adequately dealt with by conciliation of the parties, or

(3)

That an order requiring compliance is deemed appropriate, and

(4)

If the board's, appointed board's or hearing officer's order is not complied with that the case warrants filing charges against the offending party in the appropriate court.

(h)

If the board, its appointed board or hearing officer issues an order to correct, adjust, conciliate, prevent or prohibit any unlawful act prohibited by this article, and the respondent refuses or fails to comply with or obey such adjudication, the board, its appointed board or hearing officer shall forthwith request that the state attorney file a complaint in the appropriate court. The board, its appointed board or hearing officer shall, at all times, provide the complainant with full and timely information as to all the alternatives available to him or her under county, state and federal law, including assistance to initiate judicial action if desired, under the circumstances.

(i)

The provisions of the Florida Rules of Civil Procedure shall govern the computation of any period of time prescribed by this article.

(j)

All papers or pleadings required to be served by this article may be served by certified mail or in accordance with the provisions of the Florida Rules of Civil Procedure.

(Ord. No. 2002-98, § 2, 12-3-02)