(A) Filing of complaint. The Committee, or any person(s) aggrieved in any manner by a violation of any provision of this subchapter, may file with the Manager or designee, a written complaint setting forth his, her or their grievance within 180 days after the date of the alleged violation. The complaint shall be filed on a form provided by the Manager or designee.
(B) Investigation.
(1) After receipt of the complaint, the Manager or designee shall conduct an investigation of the alleged violation. If the Manager or designee finds that probable cause of a violation exists, the Manager or designee shall submit the Manager’s or designee’s findings in writing to the Chair of the Planning Committee. Upon receipt of the findings, the Chair shall schedule a conciliation conference not less than ten, and not more than 30, days from the date the Chair receives the written findings.
(2) The Manager or designee shall cause a copy of the complaint to be served upon the respondent along with notice of the date, time and location of the conciliation conference. A copy of the complaint and notice of the date, time and location of the conference shall also be served upon the complainant.
(3) If the Manager or designee finds that probable cause does not exist, the Manager will dismiss the complaint and shall notify the Chair of the Planning Committee in writing of the Manager’s or designee’s findings. Upon receipt of the findings the Chair will send out notification to the complainant, indicating the results of the investigations and the finding of no probable cause.
(4) If a complaint indicates multiple respondents, and subsequent to the investigation by the Manager or designee probable cause is found with regard to one or more of the respondents, then the Committee shall proceed on the complaint against those parties for which probable cause was found. The named parties for which no probable cause was found shall be dismissed by the Committee. The Chair shall cause notification to be sent to the complainant with regard to the findings of the investigation and to the parties for which probable cause was found.
(C) Conciliation conference.
(1) A panel of three Committee members shall be convened in an effort to resolve the parties’ differences in private. The Chair of the Planning Committee or the Chair’s designee shall preside over the Conciliation conference panel. The Chair of the Planning Committee shall select two members of the Planning Committee to serve on the panel. The Manager, or designee and an attorney for the Committee shall be present. The complainant and respondent may be represented by attorneys if they desire. The conference shall be closed to all other persons. However, in the discretion of the panel, a complainant or respondent may include an additional person such as an interpreter or family member.
(2) No evidence shall be taken at the conciliation conference. The sole purpose of the conference will be to attempt to reconcile the parties. If the parties cannot reach agreement at the conference, a public hearing upon the complaint shall be scheduled.
(D) Non-disclosure. Members of the Committee or its staff shall not disclose the filing of a complaint, what transpires during the course of an investigation or what transpires during the course of a conciliation conference, except as such disclosures are deemed essential to the investigation and endeavors at conciliation or are made at a public hearing in accordance with division (E) below. Nothing in this division (D) shall be construed to prevent the Manager or designee and the Committee from disclosing dismissal notices or conciliation agreements, including the reasons therefore. The identities of the parties shall not be disclosed without their consent.
(E) Public hearing.
(1) If an agreement between the parties cannot be reached at the conciliation conference, the Chair of the Planning Committee or designee shall set a date for a public hearing upon the complaint, The date for the hearing shall be decided upon at the conciliation conference and shall be no less than ten days, and no more than 30 days, from the conclusion of the conciliation conference.
(2) The Chair of the Planning Committee or designee shall convene and preside at the hearing. The hearing panel will be composed of five members of the Planning Committee. The panel shall include the following: the Chair or designee; the Planning Committee Chair or designee; and three Committee members to be selected by the Chair. An attorney for the Committee and the Manager or designee shall also be present.
(3) At the hearing, the complainant and respondent shall have the right to be represented by legal counsel, the right to call witnesses and the right to cross-examination. Rules of procedure adopted by the Committee shall govern the proceedings. Testimony taken at the hearing shall be under oath or affirmation and an official transcript shall be made and filed in the Manager’s office. The hearing shall be open to the public.
(4) After all evidence has been taken, the panel shall take the matter under advisement. The panel will render its decision in writing with findings of fact. Copies of the decision shall be sent to the parties and transmitted to the Manager. A majority vote of those panel members present at all sessions of the hearing is required to decide the matter. If the panel finds that there was no violation of this subchapter, the complaint shall be dismissed. If, however, the panel finds that a violation of this subchapter has occurred, it shall take action as it deems proper consistent with this section, including, but not limited to, the following:
(a) Issuing an order to cease and desist from any unlawful housing practices as determined by the panel;
(b) Recommending that the Manager request that the City Attorney institute proceedings to enforce, against any person(s) or business found in violation of this subchapter, the fine provided;
(c) Recommending that the Manager request that the City Attorney apply to any court of competent jurisdiction for:
1. An order restraining the party from violating any provision of this subchapter; or
2. Such other or further relief as may be appropriate for the enforcement of this subchapter and for the elimination of violations.
(d) Recommending that the Manager request that the City Attorney petition or institute proceedings with the Department of Registration and Education for the purpose of causing the Department to revoke, suspend or refuse to renew the license granted by such department to the party found to have violated any provision of this subchapter.
(F) State law references. Civil Administrative Code of Illinois, 20 ILCS 2105/2105-5 et seq. In addition to the penalty provided for herein, the public hearing panel may order restitution, specific performance and any and all remedies the panel deems just and appropriate in accordance with its findings. The panel may further recommend that the Manager request that the City Attorney institute appropriate proceeding to enforce the order of the panel.
(G) Continuance of conciliation conference or public hearing.
(1) The Chair of the public hearing panel may grant a continuance and postpone the convening of the public hearing if a party requests a continuance in writing in a timely and reasonable manner. Such a continuance may be granted even if it is more than 30 days from the conclusion of the conciliation conference.
(2) A continuance of a conciliation conference may not be granted without the Conciliation conference panel convening,
(3) If a party fails to appear at either the conciliation conference or the public hearing, the panel may proceed with and conclude the matter.
(H) Evidence and subpoena power.
(1) No strict rules of evidence shall apply in conducting a conciliation conference or public hearing, however, the conciliation conference panel and the public hearing panel shall determine the relevance of any evidence to be submitted for consideration in its respective proceeding. If said evidence is not deemed relevant it will not be accepted.
(2) The public hearing panel shall have the power to subpoena records or individuals for testimony at the public hearing, as it relates to a specific matter.
(3) The conciliation conference panel shall not have such subpoena powers.
(I) Retention of jurisdiction. The Planning Committee shall retain jurisdiction for one year after the conclusion of a conciliation conference or public hearing.
(Prior Code, § 92.06) (Ord. 09-075, passed 8-25-2009; Ord. 2017-005, passed 2-27-2017)