What process will be followed when a person is accused of a violation of the Ordinance?
The complaint is made to the Police Department, who will investigate it and send it to a City Prosecutor for review. The City Prosecutor will first review the complaint to see whether, the City has jurisdiction, whether the facts, if true, would constitute a violation of the Ordinance and whether the complaint is frivolous or brought only to harass or intimidate.

If the complaint fails to meet any of these three requirements, the complaint will be dismissed. If the complaint is “facially valid,” (i.e., if it does meet the three requirements immediately above) the City Prosecutor will send it to the City Attorney, who then will arrange for mediation between the accuser and accused. If both parties agree to mediation, mediation will occur within 30 days. If the parties successfully mediate the case, the complaint will be dismissed.

If the parties decline to try mediation, or the mediation does not resolve the matter, the complaint will be sent to the City Prosecutor, who will consider filing charges. The City Prosecutor will then make a determination about charging an infraction (for a first offense).

Show All Answers

1. What is the Non-Discrimination Ordinance intended to do?
2. What is gender expression/identity?
3. What, in general, does the Ordinance cover?
4. Who does the Ordinance apply to?
5. What are the exceptions?
6. Does the Ordinance give those in the lesbian, gay, bi-sexual, transgender, questioning (LGBTQ) community more rights than it does to other citizens of Idaho Falls?
7. Does the Ordinance restrict 1st Amendment rights or any other rights protected by the U.S. Constitution?
8. Does the Ordinance allow members of the LGBTQ community to sue me, my company, or their employer for violations of the Ordinance?
9. If I participate in providing evidence or testimony relative to a potential violation of the Ordinance, am I protected from retaliation or reprisal?
10. Does the Ordinance subject me to criminal penalties if I violate it?
11. What rights do I have if I am accused of a violation of the Ordinance?
12. What are the penalties?
13. How long do I have to file a complaint?
14. What process will be followed when a person is accused of a violation of the Ordinance?
15. Am I violating the ordinance if there is a legitimate reason not to employ or sell to a person who identifies as LGBTQ?
16. Where can I get more information or details about the Ordinance?