The Augusta/Richmond County Commissioners are still waiting for an anti-discrimination ordinance to be drafted so they can review it and decide whether to adopt it into law.
“The draft for the Anti-Discrimination Ordinance has not been updated,” City Attorney Wayne Brown said in an April 14 response to a request for a copy of the ordinance.
The Augusta Press, using Georgia’s Open Records law, contacted nine cities that appeared to have anti-discrimination ordinances and requested a copy. All nine cities responded. Two of the city ordinances covered only employees, and are not enforced citywide. All of the remaining seven laws have similarities.
Most of those ordinances use the same language for the basics, such as the definition of discrimination and where they are applicable, including employment, housing and receipt of services. The ordinances generally all have the same definitions for age, gender identity, national origin and religion.
All outline the procedure for how and where to file a complaint. In Savannah, for example, complaints are filed with the city clerk on a form the city provides. Savannah charges a $50.00 fee to file. Dunwoody, Chamblee and Doraville also have the $50.00 filing fee. Brookhaven and Atlanta do not have a filing fee. In Decatur, complaints are filed with the city manager and there is no fee.
All have a clearly defined process on how the complaints are handled.
In Decatur, complaints go to the police chief, who issues a summons for municipal court to determine whether there is sufficient evidence to proceed. If the judge rules there is probable cause, the city solicitor serves the formal complaint within 15 days and a trial is held. There is a provision for voluntary mediation. If the alleged violator is found guilty, they will pay a $500 fine for the first offense and $1,000 for each subsequent offense.
In Savannah, the city clerk serves the complaint on the alleged violator and files with a hearing officer. The hearing officer must be an attorney with experience in constitutional law and discrimination. If the hearing officer determines there is merit to the complaint, he refers it to voluntary, non-binding mediation.
If an agreement cannot be reached, the hearing officer can collect evidence, schedule a hearing and both sides can call witnesses. If the alleged violator is found guilty, it is a $500 fine for the first offense and $1,000 for each subsequent offense. The cost of the mediator and hearing officer is paid by the losing party. Both parties have the right to appeal the decision to the Recorder’s Court of Chatham County.
In Dunwoody, the city clerk sends the complaint to the city manager, mayor and council. It is referred to voluntary mediation. Within 15 days after mediation ends, either party can notify the city clerk they are not satisfied and a hearing officer, again an attorney with experience in constitution law and discrimination, is appointed.
If the hearing officer decides the complaint is unjustified the officer can levy a $1,000 fine against the complainant. If it is justified, a hearing is scheduled to collect evidence and call witnesses. If the alleged violator is found guilty it is a $500 fine for the first offense and $1,000 for each subsequent offense. The hearing officer sends the decision to the city manager, mayor and council. Both parties have the right to file an appeal with DeKalb County Superior Court.
The guidelines for other cities follow much the same format. In some cities the hearing officer can recommend the violator’s occupation tax certificate be revoked. Atlanta has similar provisions, allowing for the revocation of a violator’s business license, including liquor licenses. The other cities all have an appeal process.
Perhaps the biggest difference comes from the City of Doraville. Its ordinance is the only one that defines how a hearing officer is selected:
The ordinance states: “All complaints not resolved by mediation shall be heard before a hearing officer who: (i) shall be a competent attorney at law of good standing in his or her profession, (ii) shall have at least five (5) years’ experience in the practice of law, and (iii) shall not maintain an office within a ten-mile radius of the City of Doraville, Georgia.
The City Clerk shall maintain a listing of no less than five (5) qualified attorneys, who must be licensed to practice law in the State of Georgia, to serve as a hearing officer pursuant to this section. Upon receipt of the letter of dissatisfaction with the results of the mediation, or if either party elects not to participate in mediation, the City Clerk shall draw names randomly from the listing of qualified hearing officers and appoint the first one (1) who is available to serve in the matter.”
Dana Lynn McIntyre is a Staff Writer for The Augusta Press. Reach her at dana@theaugustapress.com
