City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 18
Chapter 18.01
Section 18.01.050
 

Title 18 Human Rights

Chapter 18.01 Law Against Discrimination

Section 18.01.050 Administration
  1. Initiation.

An individual claiming to be aggrieved by a practice prohibited by SMC 18.01.040, chapter 18.02 SMC, or chapter 18.03 SMC may, within the time limit of SMC 18.01.070, file a complaint with the commission on forms made available for the purpose by commission staff.

  1. Complaint.

A complaint filed by a person claiming to be aggrieved by a practice prohibited by SMC 18.01.040, chapter 18.02 SMC, or chapter 18.03 SMC, shall be immediately forwarded by the commission for review by the City or an agency or organization with which the City maintains a contractual relationship for the purpose of reviewing such complaints (referred to in this section as the “reviewing agency”), to determine whether the allegations stated on the face of the complaint, if true, would be a prohibited practice as stated in SMC 18.01.040, chapter 18.02 SMC or chapter 18.03 SMC. Complaints shall be processed as follows:

    1. The reviewing agency shall review the factual allegations of the complaint, interview the complainant, and take a statement from the complainant.
    1. The reviewing agency then interviews the person accused of discrimination and documents that interview in a writing.
    1. The reviewing agency shall also, if applicable, interview all participants and witnesses having relevant information regarding the allegation of discrimination, and document those interviews in writing.
    1. If, as the result of the interviews described in subsections 1-3 of this paragraph B, the reviewing agency determines that the complaint states a violation of this chapter, the reviewing agency shall communicate that determination in writing to the complainant and the city attorney’s office, with a copy to the commission.
    1. If the reviewing agency determines that the complaint does not state a violation of SMC 18.01.040, chapter 18.02 SMC, or chapter 18.03 SMC shall be dismissed immediately.
    1. Complaints that claim a violation of state or federal law shall be referred to the appropriate state or federal agency.
    1. Complaints that claim a violation of a prohibited practice established only in this Title 18 shall be referred to a Washington State Dispute Resolution Center established under chapter 7.75, RCW, or by a mediator agreed upon by all parties, within thirty days of the filing of the complaint. Mediation sessions are not open to the public. If the mediation resolves the complaint, the mediator will notify the City of the resolution and the complaint file will be closed.
    1. Complaints that are not resolved through mediation shall be submitted to the City Prosecutor for a determination as to the filing of a civil infraction pursuant to chapter 1.05 SMC.
  1. Administrative appeal.

Any person whose complaint has been dismissed pursuant to SMC 18.01.050 B(5) may appeal the dismissal to the hearing examiner, who shall review the complaint and the decision to dismiss the complaint under an abuse of discretion standard of review. The hearing examiner may affirm the dismissal, reverse the dismissal, or remand the complaint to be processed as set forth in SMC 18.01.050(B).

  1. Judicial review.

Any person who is aggrieved by the decision of the hearing examiner on administrative appeal under this section may institute an action for judicial review in the Superior Court pursuant to RCW 49.60.330.

  1. The commission and its staff shall prioritize its resources to focus on resolving complaints which are not within the jurisdiction of government or non-profit agencies other than the commission.
  1. The City shall not take any enforcement action based on discrimination due to the use of “housing choice or other subsidy program or alternative source of income” as defined in this Title 18 before September 1, 2017. The City Council shall name an ad hoc stakeholder group to make recommendations to the City Council for amendments to Chapter 18.03 SMC, concerning the use of housing choice or other subsidy programs or alternative sources of income.

Date Passed: Monday, August 28, 2017

Effective Date: Wednesday, October 11, 2017

ORD C35537 Section 2