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RESOLUTION NO. 2013 - 02 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, GENERALLY OUTLINING THE GENERAL PROCESS TO CONSIDER A CLAIM OF DISCRIMINATION IN EMPLOYMENT AND HOUSING PRACTICES BECAUSE OF SEXUAL ORIENTATION AND/OR GENDER IDENTITY/EXPRESSION; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, the City has recently passed an Ordinance prohibiting discrimination m employment and housing practices (Moscow City Code Title 10, Chapter 19); and WHEREAS, the City wishes to outline the general process relative to the investigation and potential prosecution of individuals who have been accused of discrimination in employment and housing practices on the basis of sexual orientation and gender identity/expression; and WHEREAS, the City recognizes that the City Attorney's office (through the City Prosecutor) has complete discretion under the law to make determinations relative to fair prosecution of Moscow City Code violations within City limits; and WHEREAS, these guidelines set out herein are generally to be followed so that the public can maintain its confidence that City staff will work to eradicate discrimination based upon sexual orientation and/or gender identity/expression in employment and/or housing as described in the City's Ordinance entitled "Non-Discrimination In Employment and Housing Practices". NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow as follows: That the Investigation, Processing, and Possible Prosecution of Discriminatory Employment and Housing Practices guidelines attached herein shall be adopted as the Policy of the City of Moscow, Idaho relative to the investigation, processing, and possible prosecution of persons accused of discrimination in employment and housing practices on the basis of sexual orientation and gender identity/expression. PASSED AND APPROVED by the Mayor and Council of the City of Moscow, Idaho, this 181 day of April, 2013. RESOLUTION 2013-02 PAGE 1 OF2 ---PAGE BREAK--- 0 r c :l N 0 ' 0 N 0 z z tn 5 0 c ij rn N Sil N [ Con; to Police. I • Police Investigate Complaint. • Police report sent to Prosecutor for review. • Preliminary review by City Prosecutor. • Matter closed if: • City has no jurisdiction; • Alleged violation would not violate the ordinance even if true; • Complaint is frivolous or brought only to harass; etc. Discrimination Ordinance Process Map If complaint is facially valid, Prosecutor sends to City Attorney who invites parties to mediate. Parties agree to mediation. City Attorney forwards to mediator who 1 has 30 days to complete mediation. l 'f mediation declined, complaint and report are sent by City Attorney to City Prosecutor for consideration of filing of charges. • ' • If parties successfully mediate, complaint is closed and not considered for further prosecution. If mediation is unsuccessful, complaint and report are sent to City Prosecutor for consideration of filing of charges. • Misdemeanor charge is filed at City Prosecutor's discretion or if defendant takes remedial steps, the misdemeanor charge may be reduced to an infraction or case may be dismissed.