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(1) Upon the filing of a complaint, the Board shall commence an investigation to determine the facts behind the complaint and whether there is reasonable cause to believe the Respondent committed an unlawful practice, except that no investigation may commence if, after reviewing the allegations of the complaint, the Board 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 Board shall dismiss the complaint, notify the Complainant and the Respondent and take no further action.

(2) In connection with any investigation of a complaint filed under this chapter, the Board shall seek the voluntary cooperation of any person to:

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

b. examine, record, and copy necessary materials; and

c. take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation.

(3) The Board may dismiss a complaint during the investigation and prior to referral to the City Attorney if the Board determines that:

a. the complaint was not filed within the required time period;

b. the location of the alleged unlawful practice is not within the City’s jurisdiction;

c. the alleged unlawful practice is not a violation of this chapter;

d. the Complainant refuses to cooperate with the Board in the investigation of the complaint or enforcement of an executed conciliation agreement;

e. the Complainant cannot be located after the Board has performed a reasonable search; or

f. a conciliation agreement has been executed by the Complainant and Respondent.

(Ord. No. 10-16 Enacted 06/11/2010)