(A) Complaints.
(1) Any person aggrieved in any manner by a violation of any provision of this chapter may file with the Community Relations Commission a written verified complaint setting forth his or her grievance within one year after the date of the alleged violation. The complaint shall state, on a printed form provided by the Commission, the detail as to substantially apprise any party properly concerned as to the time, place and facts surrounding the alleged violation of this chapter.
(2) A complaint may be filed against any person alleged to have engaged, or is about to engage, in a discriminatory practice.
(3) A complaint may also be filed against any person who directs or controls, or has the right to direct or control, the conduct of another person with respect to any aspect of the sale, rental, advertising or financing of dwellings or the provision of brokerage services relating to the sale or rental of dwellings if that other person, acting within the scope of his or her authority as employee or agent of the directing or controlling person, is engaged, has engaged or is about to engage in a discriminatory housing practice.
(B) Notice of complaint.
(1) Within ten calendar days after a complaint has been received or initiated by the Community Relations Commission, the Commission shall serve or cause to be served, either in person or by certified mail, a copy of the complaint on the person alleged to be in violation of this chapter, hereinafter referred to as the respondent.
(2) The Director shall also, within ten days of the date on which the complaint was filed, send written notice to the complainant informing the complainant of his or her option to file a complaint with United States Department of Housing and Urban Development, the State Human Rights Department or federal or state courts, including the dates within which the complainant may exercise options.
(C) Injunctive temporary relief.
(1) At any time after a complaint is filed and determined to constitute a violation of this chapter, the Community Relations Commission may petition the appropriate court for temporary relief, pending final determination of the proceedings under this chapter, including an order or decree restraining the respondent from doing or causing any act which would render ineffective a recommendation with respect to the complaint. The petition shall contain a certification by the Community Relations Commission that the particular matter presents exceptional circumstances in which irreparable injury will result from a violation of this chapter in the absence of temporary relief.
(2) The petition shall be filed in the Circuit Court of the county.
(3) When the petition is based upon a civil rights violation, any relief or restraining order entered by the court shall not exceed five days unless:
(a) A longer period is agreed to by the respondent; or
(b) The court finds that there is substantial evidence to demonstrate that the respondent has engaged in violations of this chapter.
(D) Respondent response; notice of default.
(1) The respondent shall serve a verified copy of his or her response to all allegations contained in the complaint within ten calendar days of the date on which respondent was served a copy of the complaint.
(2) The Director shall issue a notice of default directed to any respondent who fails to file a verified response to a complaint within ten calendar days of the date on which the complainant was served, unless the respondent can demonstrate good cause as to why the notice should not be issued.
(E) Complainant response. Within ten calendar days of the date the complainant receives the respondent’s response, he or she may file a reply to the response. If he or she chooses to file a reply, the complainant shall serve a copy of the reply on the respondent or his or her representative. A party shall have the right to supplement his or her response or reply at any time that an investigation of the complaint is pending.
(F) Investigation of complaint.
(1) The Community Relations Commission shall order a prompt investigation of the complaint, completing the investigation within 100 calendar days after the filing of the complaint.
(2) Unless it is impossible to do so, upon review of the report and within 100 calendar days after the filing of the complaint, the Director shall determine whether there is substantial evidence that the alleged violation of this chapter has been committed.
(3) If the Community Relation Commission is unable to make the determination within 100 calendar days after the filing of the complaint, the Director shall notify the complainant and the respondent, in writing, of the reasons for not doing so.
(4) If the Community Relations Commission determines that there is no substantial evidence, the complaint shall be dismissed and the complainant notified that he or she may seek review of the dismissal order before the Community Relations Review Committee. The complainant shall have 30 calendar days from receipt of notice to file a request for review by the Community Relations Review Committee. The Community Relations Review Committee shall:
(a) Uphold the finding of insubstantial evidence; or
(b) Reverse the finding of insubstantial evidence and remand the complaint to the Community Relations Commission for conciliation.
(5) If the Community Relations Commission determines that there is substantial evidence it shall immediately notify the parties and schedule a conciliation meeting.
(G) Conciliation.
(1) During the period beginning with the filing of a complaint and ending with a dismissal or a referral to the Community Relations Review Committee, the Community Relations Commission or the Director shall, to the extent feasible, engage in conciliation with respect to the complaint.
(2) If the Director determines that:
(a) Conciliation is feasible, then the complainant and the respondent shall be notified of the time and place of the conciliation meeting, by registered or certified mail, at least seven calendar days prior thereto and both parties shall appear at the meeting in person or represented by attorney; or
(b) Attempts at conciliation would not further the objectives of this chapter, or the complaint cannot be resolved by conciliation, then the Director shall report and transfer the complaint and filings to the Community Relations Review Committee.
(3) The Director shall attempt by all accepted methods of conciliation and lawful persuasion to resolve the grievance delineated in the complaint.
(4) Nothing occurring at the conciliation meeting shall be made public or used as evidence in a subsequent proceeding for the purpose of providing a violation under this chapter, unless a complainant and respondent agree in writing that the disclosure be made.
(5) An agreement arising out of the conciliation shall be treated as a settlement pursuant to division (J) hereof.
(6) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any arbitration that results from a conciliation agreement may award relief as provided for in this chapter.
(H) Hearing on complaint.
(1) Within 15 days of receiving a complaint from the Community Relations Commission, the Community Relations Review Committee shall, upon due and reasonable notice to all parties, schedule a public hearing on the complaint. The public hearing shall be scheduled no sooner than 30 days, nor later than 60 days, from the date of the notice.
(2) All parties shall be entitled to be represented by legal counsel and shall have the right to call witnesses. All parties to the proceeding may apply to the Community Relations Review Committee
to have subpoenas issued in the name of the Community Relations Review Committee. Testimony taken at the conference/hearing shall be under oath or affirmation and a transcript shall be made and filed in the office of the Community Relations Review Committee and with the Director.
(I) Reports on the decision.
(1) The Community Relations Review Committee shall issue a written report within 30 days of the conclusion of the public hearing. The report/decision shall include a summary of the testimony and a finding of whether a violation of this chapter was proven by a preponderance of the evidence. The report/decision shall also contain a recommendation/order of the relief that may include one or more of the elements provided for in §§ 620.12 and 620.99.
(2) If the Community Relations Commission determines that a respondent has not complied in a timely manner with the decision, the Commission shall refer the matter to the City Attorney who shall seek judicial enforcement of the decision.
(J) Settlement.
(1) Circumstances. A settlement of any complaint may be effected at any time prior to a report/decision by the Community Relations Review Committee upon agreement of the parties and the approval of the Community Relations Review Committee.
(2) Publicity. Each settlement agreement shall be made public unless the complainant and respondent agree and the Director determines that disclosure is not required to further the purpose of this chapter.
(3) Form. Settlements of complaints prior to the issuing of a report/decision shall be issued in writing by the Director, signed by the parties and submitted by the Director to the Community Relations Review Committee.
(4) Settlement violation. When either party alleges that a settlement order has been violated, the Director shall conduct an investigation into the matter. If substantial evidence demonstrates that a settlement has been violated, the Director shall refer the matter to the City Attorney for enforcement in the Circuit Court of the county.
(Ord. 08-36, passed 5-27-2008)