§ 11A-51. Civil fines.

(1)

At the conclusion of a hearing and upon a finding of discrimination in contracting, procurement, bonding or financial services activities in violation of this article, the Hearing Officer may recommend that the county attorney commence a civil action for fines. Such civil action shall be commenced within ninety (90) days of the issuance of the final order of the Hearing Officer. If such civil action is brought by the county attorney, the court may impose the following fines:

(a)

Up to three hundred dollars ($300.00) per instance of identified discriminatory action if the respondent has not previously been found guilty of a violation of this article; or

(b)

Up to three hundred seventy-five dollars ($375.00) per instance of identified discriminatory action if the respondent has been found guilty of one prior violation of this article within the preceding five (5) years prior to filing of a complaint; or

(c)

Up to five hundred dollars ($500.00) per instance of identified discriminatory action if the respondent has been found guilty of two or more violations of this article within the preceding seven (7) years prior to filing of a complaint.

(2)

In imposing a fine under this article, the court shall consider the nature and circumstances of the violation including whether the discriminatory actions constitute disparate treatment or disparate impact, the degree of culpability, the history of prior violations of this article, the financial circumstances of the respondent and the goal of deterring future violations of this article.

(3)

All fines imposed pursuant to this article shall be paid to the Board of County Commissioners.

(Ord. No. 97-67, § 1, 6-3-97)