A. Complaint; Conciliation:
1. Any person aggrieved in any manner by a violation of any provision of any ordinance under the jurisdiction of the commission may file with the commission a written verified complaint setting forth his grievance. The complaint shall state: a) the name and address of the complainant; b) the name and address of the person against whom the complaint is brought, if known to the complainant; and c) the alleged facts surrounding the alleged violation of the ordinance; and such complaint shall state the name and address of all persons believed to have knowledge concerning the alleged facts. The commission shall provide a printed form of complaint for the use of aggrieved persons.
2. After the filing of any complaint, the commission shall serve a copy of the complaint on the party or parties charged, and the chair or vice chair shall designate a panel, comprised of three (3) or more commission members, to make a prompt investigation in connection therewith.
3. If such panel shall determine, after such investigations, that probable cause exists for the allegations of the complaint: a) the panel shall set a date for a meeting; and b) at said meeting, the panel or any member thereof shall interview the complainant and the person or persons against whom the complaint has been directed, and shall attempt to resolve the complaint by all proper methods of conciliation and persuasion. (2006 Code § 2-7-5-4)
4. Meetings or efforts by the commission conciliate a complaint of discrimination filed under any of the ordinances of the commission's jurisdiction shall not be subject to the provision of "an act in relation to meetings", as amended, appearing in 5 Illinois Compiled Statutes 120/1 et seq.; provided, however, that no final action for the recommendation of a penalty by the commission shall be taken except at a meeting open to the public. (2006 Code § 2-7-5-4; amd. 2016 Code)
5. If at any time within sixty (60) days after the date of filing of the complaint, the panel shall determine that attempts at conciliation would not be in furtherance of the objectives of any ordinance under the jurisdiction of the commission, the commission shall thereupon proceed promptly to a full hearing of the complaint, in accordance with subsection B of this section.
B. Hearing:
1. The hearing shall be conducted by the commission, or a panel thereof, upon due and reasonable notice to all parties. The commission shall have power to administer oaths and to take sworn testimony. Any party alleged to have violated any ordinance under the jurisdiction of the commission shall be entitled to be represented by counsel and shall have the right to call witnesses in his own behalf and to cross examine witnesses.
2. At the conclusion of the hearing, the commission shall render to the city council a written report and recommendations, which shall also be served by mail upon the complainant and the party or parties charged. No report shall be delayed more than sixty (60) days after the date of the first issuance of notice for commencement of a hearing.
C. Enforcement:
1. The commission shall be empowered, at the conclusion of proceedings held under subsection B of this section, to recommend to the city council that the council order any person found to be in violation of any ordinance under the jurisdiction of the commission to cease and desist from any practice of violation, upon such terms as shall be necessary and proper for the enforcement of any ordinance under the jurisdiction of the commission.
2. At the conclusion of the hearing proceedings held under subsection B of this section, the commission shall be empowered, as a part of its report, to recommend to the city council that it direct the city attorney to:
a. Apply to any court of competent jurisdiction for such relief as may seem to the court appropriate for the enforcement of any ordinance under the jurisdiction of the commission and the elimination of any violation thereof.
b. In the case of any unlawful practice or violation of any ordinance under the jurisdiction of the commission by any person in the course of performing under a contract or subcontract with the state or any political subdivision or agency thereof, or with the United States Of America or any agency or instrumentality thereof, to petition or institute proceedings with such contracting agency for the purpose of causing it to terminate such contract or any portion thereof, either absolutely or on condition of compliance with the provisions of any ordinance under the jurisdiction of the commission.
3. After receipt of the recommendation of the commission, the city council may issue such cease and desist orders and may direct such action by the city attorney, including procedures as in subsection C2 of this section, as shall be necessary for the enforcement of any ordinance under the jurisdiction of the commission.
D. Limitation Of Time To File Complaints: Any complaint filed hereunder with the commission must be filed within thirty (30) days after the alleged discriminatory violation occurred, or it shall be barred. (2006 Code § 2-7-5-4)