"State agency" defined; local government; ordinances; exclusive
jurisdiction; transfer of complaints; appeals
Sec. 12.1. (a) As used in this section, the term "state agency"
means every office, officer, board, commission, department, division,
bureau, committee, fund, agency, and without limitation by reason of
any enumeration in this section, every other instrumentality of the
state, every hospital, every penal institution, and every other
institutional enterprise and activity of the state, wherever located; the
universities supported in whole or in part by state funds; and the
judicial department of the state. "State agency" does not mean
counties, county offices of family and children, cities, towns,
townships, school corporations (as defined in IC 20-18-2-16), or
other municipal corporations, political subdivisions, or units of local
government.
(b) Any city, town, or county is hereby authorized to adopt an
ordinance or ordinances, which may include establishment or
designation of an appropriate local commission, office, or agency to
effectuate within its territorial jurisdiction the public policy of the
state as declared in section 2 of this chapter without conflict with any
of the provisions of this chapter. Any city or town may adopt such an
ordinance or ordinances jointly with any other city or town located
in the same county or jointly with that county. A city ordinance that
establishes a local commission may provide that the members of the
commission are to be appointed solely by the city executive or solely
by the city legislative body or may provide for a combination of
appointments by the city executive and the city legislative body. The
board of commissioners of each county is also authorized to adopt
ordinances in accordance with this section. An agency established or
designated under this section has no jurisdiction over the state or any
of its agencies.
(c) An ordinance adopted under this section may grant to the local
agency the power to:
(1) investigate, conciliate, and hear complaints;
(2) subpoena and compel the attendance of witnesses or
production of pertinent documents and records;
(3) administer oaths;
(4) examine witnesses;
(5) appoint hearing examiners or panels;
(6) make findings and recommendations;
(7) issue cease and desist orders or orders requiring remedial
action;
(8) order payment of actual damages, except that damages to be
paid as a result of discriminatory practices relating to
employment shall be limited to lost wages, salaries,
commissions, or fringe benefits;
(9) institute actions for appropriate legal or equitable relief in
a circuit or superior court;
(10) employ an executive director and other staff personnel;
(11) adopt rules and regulations;
(12) initiate complaints, except that no person who initiates a
complaint may participate as a member of the agency in the
hearing or disposition of the complaint; and
(13) conduct programs and activities to carry out the public
policy of the state, as provided in section 2 of this chapter,
within the territorial boundaries of a local agency.
(d) Any person who files a complaint with any local agency may
not also file a complaint with the civil rights commission concerning
any of the matters alleged in such complaint, and any person who
files a complaint with the civil rights commission may not also file
a complaint with any local agency concerning any of the matters
alleged in such complaint. Any complaint filed with the commission
may be transferred by the commission to any local agency having
jurisdiction. The local agency shall proceed to act on the complaint
as if it had been originally filed with the local agency as of the date
that the complaint was filed with the commission. Any complaint
filed with a local agency may be transferred by the local agency to
the commission if the commission has jurisdiction. The commission
shall proceed to act on the complaint as if it had been originally filed
with the commission as of the date that the complaint was filed with
the local agency. Nothing in this subsection shall affect such person's
right to pursue any and all other rights and remedies available in any
other state or federal forum.
(e) A decision of the local agency may be appealed under the
terms of IC 4-21.5 the same as if it was a decision of a state agency.
As added by Acts 1978, P.L.123, SEC.2. Amended by Acts 1979,
P.L.230, SEC.1; P.L.7-1987, SEC.101; P.L.111-1992, SEC.3;
P.L.4-1993, SEC.259; P.L.5-1993, SEC.272; P.L.1-2005, SEC.188.
Last modified: May 27, 2006