Zauner Notice of DismissalHUMAN RIGHTS BUREAU
EMPLOYMENT RELATIONS DIVISION
1 DEPARTMENT OF LABOR AND INDUSTRY
3 MONTANA FAIR HOUSING', )
Charging Party, ) CASE NO. 0112014645
4 )
V. ) NOTICE OF DISMISSAL AND
5 ) NOTICE OF RIGHT TO FILE
CITY OF KALISPELL, ) CIVII, ACTION IN
6 COMMISSIONER JEFF ZAUNER ) DISTRICT COURT
Respondent. )
7!
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TO: Tim Kelly, Charging Party's Attorney; and Charles Harball, Respondent's Attorney.
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10 1. Section 49-2-504(7), MCA provides that the Human Rights Bureau (Bureau) shall
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11 dismiss a complaint and the charging party may file a civil action in district court if the Bureau has
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investigated the complaint and determined that the allegations of the complaint are not supported by
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14 a preponderance of the evidence.
15 2. As bureau chief of the Human Rights Bureau, I hereby certify that the requirements
16 for dismissal of this complaint pursuant have been met in that:
17 a. The Bureau has investigated the complaint pursuant to §49-2-504, MCA; and
18 b. The Bureau has issued a no reasonable cause finding in which it determined that the
19 allegations of the complaint were not supported by a preponderance of the evidence.
20 3. This decision to dismiss the complaint is final and completes the administrative
21 process unless the charging party files an objection seeking Human Rights Commission
22 (Commission) review of the decision within fourteen (14) days after issuance.
23 4. An original and six (6) copies of any objections to this decision must be filed in our
24 office by February 23, 2011, at the following address: Katherine Kountz, Bureau Chief, Human
25 Rights Bureau, P.O. Box 1728, Helena, MT, 59624-1728. The Commission's procedures for
26 considering an objection to a dismissal of a complaint are explained in Montana Administrative
27 Rules 24.9.111 and 24.9.121. The objection and any briefs must include a certificate of service
28 showing that a copy of the objection and brief was served on the opposing party. Briefs regarding an
objection are not required; however, if briefs are filed an original and six (6) copies must be provided
to the Commission and a copy must be served on the opposing party. A party who files an objection
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and wishes to file a supporting brief must file and serve the brief within five (5) days of filing the
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objection. Any opposing party who wishes to file an answer brief must file and serve the brief within
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ten (10) days of service of the initial brief. A party malting an objection who wishes to file a reply
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brief must file and serve the brief within ten (10) days of service of an answer brief.
5�Consideration of an objection will be based upon the record unless oral argument is requested
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and authorized by the Commission. The Commission will review an objection under an abuse of
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discretion standard.
8 5. In order to pursue this complaint of discrimination in a district court forum, the
9 charging party must file the complaint in the district court in the district in which the alleged
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violation occurred for appropriate relief. THE COMPLAINT MUST BE FILED WITHIN NINETY
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12 (90) DAYS AFTER THE ISSUANCE OF THIS NOTICE UNLESS AN APPEAL TO THE
13 COMMISSION IS FILED. IF AN APPEAL IS FILED, THE CHARGING PARTY WILL HAVE
14 NINETY (90) DAYS FROM THE FINAL ORDER OF THE COMMISSION AFFIRMING THE
15 NOTICE OF DISMISSAL. IF THE CHARGING PARTY FAILS TO FILE A COMPLAINT IN
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DISTRICT COURT WITHIN THE NINETY (90) DAY PERIOD, THE COMPLAINT IS BARRED
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AT BOTH THE ADMINISTRATIVE AND JUDICIAL LEVELS.
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19 6. A district court has discretion to award attorney's fees to the prevailing party in a
20 discrimination action in district court.
21 7. The issuance of this notice constitutes the completion of the administrative process
22 with regard to the above case.
23 8. The case is dismissed and the charging party may pursue the complaint in district
24 court.
25 DATED this 9"' Day of February 2011
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27`":
Kath •ine Kountz
28 Buret Chief
Human Rights Bureau
CERTIFICATE OF SERVICE
The undersigned secretary for the Human Rights Bureau certifies that a true and correct
copy of the foregoing NOTICE OF DISMISSAL AND NOTICE OF RIGHT TO FILE CIVIL
ACTION IN DISTRICT COURT was mailed to the following by U.S. Mail, postage prepaid on this
9"' Day of February 2011
TIM K I LLY
ATTORNEY AT LAW
PO BOX 65
EMIGRANT MT 59027
CHARLES HARBALL
ATTORNEYAT LAW
201 FIRST AVENUE EAST
KALISPELL MT 59901