§ 50-10. Enforcement.

(a)

An employee who believes that an employer has violated any provision of this chapter may file a written complaint with the city within six (6) months of such violation. The city shall make complaint forms available upon request in English and Spanish. The city shall have an affirmative duty to enable any individual to lodge a complaint, regardless of any language or communication barrier.

(b)

The city shall develop rules and regulations to receive and investigate complaints and procedures to pursue the city's obligations as outlined in sections (c) through (e) of this section.

(c)

Within thirty (30) days of receiving a written complaint, the city shall provide such employer with a notice of the allegations contained in the complaint. Within thirty (30) days thereafter, the employer shall submit a response in writing to the city. If the employer denies the complaint or fails to respond, the city shall conduct an investigation. Within sixty (60) days of the initiation of an investigation, the city will issue a written determination as to whether probable cause exists to support the complaint.

(d)

Within thirty (30) days of a finding of cause to support the complaint, the city shall issue a hearing notice to the employer. No less than thirty (30) days after the issuance of the hearing notice, the city shall conduct a hearing in which the city shall have subpoena powers, and the parties shall have the right to present evidence and to be represented by counsel. The city may delay or extend such a hearing by no more than thirty (30) additional days at the request of an employer or based on a determination by the city that it needs more time to prepare for a hearing.

(e)

Within thirty (30) days of the conclusion of the hearing, the city shall issue its written findings and a written decision. The city may delay the date by which it will issue its written findings and decision by no more than two (2) increments of thirty (30) days each if the city determines that it needs more time to review the evidence related to a complaint. In issuing its written decision:

(1)

A finding of noncompliance with section 50-3, section 50-6(c), section 50-6(d) or section 50-7 of this chapter shall be accompanied by a decision to impose, at the end of thirty (30) days, any or all of the penalties listed in section 50-8(e) unless the employer submits written proof satisfactory to the city that it has come into full compliance with the ordinance before the thirtieth (30th) day. Service contracts or pending economic assistance payments that have been suspended for non-compliance according to this section may be renewed, but only after the employer submits written proof satisfactory to the city that the employer has come into full compliance with this chapter; and

(2)

A finding that an employer has violated section 50-6(a) of this chapter shall be accompanied by a decision to impose the penalty listed in section 50-6(b); and

(3)

An aggrieved party has the right to appeal such decision in an Article 78 proceeding in New York State Supreme Court.

(f)

In lieu of seeking redress through a complaint to the city under paragraphs (a), (b), (c) and (d) of this section, an employee may elect to bring an independent civil action against an employer in a court of competent jurisdiction.

(g)

The court may award damages, costs and attorney fees to the prevailing party, and may direct any other remedy at law or equity, including but not limited to injunctive relief, reinstatement, back wages and punitive damages.

(h)

The city shall not disclose the identity of an employee to an employer except where necessary to investigate, pursue or defend a complaint.

(Gen. Ord. No. 37-2012, 12-17-12)