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(A) It shall be an unlawful practice and thereby deemed a violation of this Section for any person to discriminate against any individual because he or she opposed any practice made unlawful by this Section, or testified, assisted or participated in any manner in an investigation, proceeding or hearing under this Section.
(B) It shall be an unlawful practice and thereby deemed a violation of this Section for any person to aid or abet another in the violation of any provision of this Section.
(C) It shall be an unlawful practice and thereby deemed a violation of this Section to cause or attempt to cause any person to discriminate against an individual in violation of this Section.
(Ord. 1984 c. 16; CBC 1985 12-9.8)
(A) There shall be in the city a Commission known as the Boston Human Rights Commission, hereinafter referred to as the Commission. The Commission shall be comprised of seven members, to be known as Commissioners, each appointed by the Mayor. The Commissioners shall each serve a term of three years; provided, however, that of the members first appointed to the Commission, three shall be appointed for a term of one year, two shall be appointed for a term of two years and two shall be appointed for a term of three years. Thereafter, the Mayor shall appoint each successor to a term of three years. Any vacancy occurring otherwise than by expiration of term shall be filled by appointment by the Mayor for the unexpired term.
(B) The Mayor shall appoint annually a Commissioner as the Chairperson of the Commission. Four Commissioners shall constitute a quorum for the purposes of conducting the business of the Commission. Four votes shall be required to pass any Commission decision.
(C) The Commissioners shall be subject to the residency and voting requirements appearing in Subsection 5-5.2, notwithstanding the exception contained therein. The Commissioners shall be classified special municipal employees for the purposes of M.G.L. Chapter 268A. The Commissioners shall serve without compensation, but each Commissioner shall be entitled to his or her reasonable expenses actually and necessarily incurred in the performance of his or her duties as Commissioner. These expenditures shall be paid from the budget of the Commission. The Commission staff shall consist of an Executive Director, and such personnel as the Commission, upon recommendation of the Executive Director, may deem expedient subject to appropriation.
(D) The Executive Director shall be appointed by and serve at the pleasure of the Mayor. The Mayor shall determine the rate of compensation for the Executive Director.
(Ord. 1984 c. 16, c. 17; CBC 1985 12-9.9)
(A) The Executive Director shall have the powers of a Department head except for those powers explicitly conveyed to the Commission by this Section and shall be responsible for carrying out the policies and decisions of the Commission.
(B) The Executive Director shall have the power and duty to make investigations of discriminatory practices which appear to be in violation of this Section and to file complaints with the Commission based upon findings of fact, and conclusions of law only, where there is a probable cause that a violation of this Section has occurred. The Executive Director shall be required to appear quarterly before the Boston City Council to give a report of the Commission’s activities and to answer questions of the Council. The Executive Director shall have the power to attempt to mediate or conciliate any complaint of alleged discrimination under this Section where there is probable cause for such complaint. The Executive Director shall further file, on conforming forms, all complaints with the commonwealth’s Commission Against Discrimination and the Equal Employment Opportunity Commission where such complaints relate to discrimination under the jurisdiction of the MCAD and/or the EEOC. The Executive Director shall fix the compensation of the Commission staff within the budgetary limits of the Commission after appropriation by the Boston City Council.
(Ord. 1984 c. 16; CBC 1985 12-9.10)
(A) The Commission shall study the problems of discrimination in the city and shall make such recommendations to the Mayor and the Boston City Council, as in its judgment will effectuate the policy of this Section.
(B) The Commission may, on its own behalf, issue a complaint, upon a reasonable belief that a person has engaged in an unlawful discriminatory practice.
(C) The Commission shall have the power to conduct hearings, subpoena witnesses, compel their attendance, including, but not limited to, filing contempt proceedings with Superior Court, administer oaths, take the testimony of any person under oath and in connection therewith to require the production for examination of any documents, books, papers or evidence relating to any matter in question or under investigation by the Commission. The Commission may delegate any of its hearing powers to individual Commissioners or members of the Commission staff. Subpoena power shall be exercised by the Chairperson of the Commission, or his or her designee, upon majority vote of the Commission. At any hearing before the Commission, or any Committee thereof, a witness shall have the right to be represented by counsel.
(D) The Commission shall have the power to issue publications, results of investigations and research as, in its judgment, will promote good will and minimize or eliminate prejudice, intolerance, bigotry or discrimination and disorder occasioned thereby.
(E) The Commission shall, upon the Executive Director’s failure to conciliate a complaint, submit a written report of its findings and recommendations to the Mayor with copies of this report filed with the Boston City Council, the Corporation Counsel, the commonwealth’s Commission Against Discrimination (on matters within its jurisdiction) and to any other governmental Agency or court having jurisdiction.
(F) Further, the Commission has the power to adopt rules and regulations which it deems necessary to the function of the Commission; provided, however, that all such rules and regulations shall, for a 30-day period following their adoption by the Commission, be held for review and comment by the Boston City Council in an open public hearing, and may be referred to the Corporation Counsel by a vote of a majority of members of the Boston City Council for a ruling on the appropriateness of such rules or regulations. The Commission may recommend to the Mayor and or the Boston City Council additional legislation to aid in the carrying out of the purposes of this Section.
(Ord. 1984 c. 16, c. 17, c. 18; CBC 1985 12-9.11)
(A) Any person claiming to be aggrieved by an alleged discriminatory practice under this Section or claiming to represent an aggrieved person, may, by himself or herself or his or her attorney, file with the Commission a verified written complaint. The Complaint shall state the name and address of the person alleged to have committed the discriminatory practice and shall set forth in detail the particular circumstances. The complaint shall be amended to include additional information as required by the Commission. No complaint shall be considered unless it is filed with the Commission within 180 days after the occurrence of the alleged discriminatory practice, or unless it has been referred to the Commission by the commonwealth’s Commission Against Discrimination or the Equal Employment Opportunity Commission after having been timely filed with either and or both Agencies.
(B) The Executive Director shall forthwith transmit a copy of the complaint to the respondent by hand or by certified mail return receipt requested.
(C) The Commission shall not accept a complaint from any person who has filed a complaint with the commonwealth’s Commission Against Discrimination with respect to the same grievance unless requested by the commonwealth’s Commission Against Discrimination to do so.
(D) Upon receipt of a duly filed complaint, the Executive Director shall cause a prompt investigation to be made in connection therewith. After completing the investigation, the Executive Director shall file a written report containing a recommendation concerning the disposition of the matter with the Commission.
(E) Under no circumstances may a report reflect bias where a respondent has exercised his or her constitutional rights relative to providing testimony which may tend to incriminate one’s self. Neither may the Commission proceed with a complaint unless there is sufficient probable cause that a violation exists, such probable cause being based on evidence which will stand the test of court scrutiny as to its merit and substance. If, after a review of a complaint, the Commission finds that no probable cause exists for crediting the allegations of the complaint, the Commission shall order the Executive Director to issue and transmit to complainant and the respondent, by hand or certified mail, return receipt requested, an order dismissing the allegations. The Executive Director on behalf of the Commission shall also issue a notice to both complainant and respondent a copy of federal and commonwealth laws governing legal actions one may pursue relative to frivolous actions. If the Commission shall determine after such investigation or review that probable cause exists for crediting the allegations of the complaint, the Commission shall order the Executive Director to immediately endeavor to eliminate the discriminatory practice complained of through persuasion, conciliation and negotiation. Nothing said or done during and as part of such conciliation efforts shall be made public or used as evidence in subsequent proceedings unless each of the interested parties agree thereto in writing. If conciliation succeeds, the terms of the conciliation agreement shall be reduced to writing and signed by or on behalf of the parties and the Commission. Conciliation agreements may be made public, but such public disclosure shall not reveal the identities of the parties involved, except with the agreement of all respondents. In case of failure to reach a conciliation agreement to eliminate a discriminatory practice within 30 days after a determination of probable cause, or in advance thereof if the Commission believes the circumstances so warrant, or if probable cause exists that a conciliation agreement has been violated, the Executive Director shall cause to be issued and served in the name of the Commission, a written notice together with a copy of such complaint, as the same may have been amended, requiring the respondent to answer the charges of such complaint at a hearing before the Commission, at a time and place to be specified in such notice. The respondent may file in person or otherwise a verified written answer to the complaint and appear at such a hearing in person, with or without counsel.
(F) The Executive Director, or his or her designee, shall present evidence at the hearing. The Commission shall not be bound by the strict rules of evidence prevailing in courts of law. The testimony, however, shall be under oath and shall be recorded upon the request of either party. Each party respondent may appear at such hearing in person or by a duly authorized representative. Each party may present testimony and evidence.
(G) Each party shall have the right to cross-examine adverse witnesses.
(H) If, upon all the evidence, the Commission finds that a respondent has not engaged in any such discriminatory practice or violation of a conciliation agreement, the Commission shall issue and transmit to the complainant and the respondent, by hand or by certified mail return receipt requested, an order dismissing that complaint as to such respondent.
(I) If, upon all the evidence presented at the hearing, the Commission determines that a respondent has engaged in any discriminatory practice as defined in this Section or has violated a conciliation agreement, the Commission shall issue an order stating its findings of fact and order for resolving the complaint.
(J) The Commission shall establish rules of practice to govern, expedite and effectuate the foregoing procedure and its own actions thereunder.
(K) If a finding is made that a respondent has engaged in a discriminatory practice or violated a conciliation agreement, the Commission shall make a written report of its findings and recommendations to the Mayor and the Boston City Council, with a copy to the Corporation Counsel, on any matter within his or her jurisdiction for review and implementation or to the commonwealth’s Commission Against Discrimination on any matter in question, and in all cases, urging and using its best efforts to bring about compliance with the Commission’s order. In the conduct of any mediation, investigation, hearing or representation of any conciliation, complaint, the Commission may call upon not only the members and staff of the Commission, but to the extent practicable, any City Department or Agency.
(L) If a finding is made that a respondent, who has engaged in a discriminatory practice or violation of a conciliation agreement, is a city contractor or subcontractor performing under municipally funded or assisted contracts, the Mayor shall cause said contracts or subcontracts to be immediately reviewed, and may suspend or revoke said contracts or subcontracts, or otherwise employ all available means to bring the contractor or subcontractor into immediate compliance.
(M) If a finding is made that a respondent, who has engaged in a discriminatory practice or violation of a conciliation agreement, is a licensee, who has obtained a license to operate from the city or Agency thereof, the Mayor shall cause said license to be immediately reviewed, and may suspend or revoke said license, or otherwise employ all available means to bring the licensee into immediate compliance.
(N) Any person aggrieved by a finding of the Commission is entitled to reconsideration, upon written summary and transcripts by the full Commission. Written request for such rehearing must be filed with the Commission within seven days of receipt of the Commission’s written report. Upon receipt of a request for reconsideration the Commission shall notify all interested parties who shall have seven days to submit any documents, reports or summaries to the Commission. The full Commission shall meet in executive session to review the complaint, summaries, written reports, transcripts, documents or other material, within 60 days of the receipt of the request for reconsideration.
(O) A certified copy of any report, finding or order of the Commission may be admitted as evidence in any court of competent jurisdiction.
(P) Nothing herein shall in any way violate open hearing laws of the commonwealth or the Federal Freedom of Information Act, being 5 U.S.C. § 552.
(Ord. 1984 c. 16, c. 17; CBC 1985 12-9.12)
The provisions of this Section shall be construed for the accomplishment of the purposes hereof. Nothing herein shall be construed to limit civil rights granted or hereinafter afforded by the laws of the United States Government or of the commonwealth.
(Ord. 1984 c. 16; CBC 1985 12-9.13)
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