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A. Charge: Proceedings under this Chapter shall be commenced by filing a verified complaint with the Administrator within one hundred eighty (180) days of the alleged violation. The complaint shall be submitted on the form set forth below, to be provided by the Clerk of the Municipality and shall contain a short and plain statement of the alleged violation, the name and address of the person charged, and shall be signed by the aggrieved party or by the Adjudicative Agency by its chairperson or vice chairperson. The aggrieved party may be assisted in the filing of a complaint by a member or members of the Adjudicative Agency.
Within fifteen (15) calendar days after the complaint is filed, the Administrator shall review the complaint to determine whether the allegations contained therein, if true, would constitute a violation of this Chapter.
The Administrator shall notify the Adjudicative Agency of his or her determination, and recommend to the Adjudicative Agency what, if any, further action should be taken.
The Adjudicative Agency shall review the complaint and the determination and recommendation of the Administrator. Within twenty (20) calendar days after the complaint is filed, the Council shall decide whether the allegations of the complaint, if true, constitute a violation of this Chapter.
If the Council decides that the allegations do not constitute a violation, it shall order that the complaint be dismissed. If the Council decides that the allegations do constitute a violation, it shall order that an investigation and hearing be held on the merits of the complaint.
B. Notice Of Charge: Within thirty (30) calendar days after the complaint is filed, the Administrator shall serve a copy of the complaint personally or by certified mail, return receipt requested, on the person charged and shall furnish copies thereof to the Adjudicative Agency. If in the judgment of the Administrator immediate court action is advisable, he or she shall so notify the Adjudicative Agency.
The Administrator shall also, within thirty (30) days of the date on which the charge was filed, send written notice to the complainant informing the complainant of his or her option to file a complaint with the Illinois Human Rights Commission, including the dates within which the complainant may exercise such option.
C. Injunctive Relief: At any time after a complaint is filed and determined to constitute a violation of this Chapter, the administering agency 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 ineffectual a recommendation with respect to the complaint. Such petition shall contain a certification by the Administrator 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.
The petition shall be filed in the circuit court for the county in which the respondent resides or transacts business or in which the alleged violation took place.
When the petition is based upon a civil rights violation as defined in this Chapter, any relief or restraining order entered by the court shall not exceed five (5) calendar days unless:
1. A longer period is agreed to by the respondent; or
2. The court finds that there is substantial evidence to demonstrate that the respondent has engaged in violations of this Chapter.
D. Respondent Response: The respondent shall serve a verified response copy of its response to all allegations contained in the charge within ten (10) days of the date on which the respondent was served copy of the complaint.
The Administrator shall issue a notice of default directed to any respondent who fails to file a verified response to a charge within ten (10) days of the date on which the complainant was served, unless the respondent can demonstrate good cause as to why such notice should be issued.
E. Complainant Response: Within ten (10) calendar days of the date he or she receives the respondent's response, the complainant may file a reply to said response. If he or she chooses to file a reply, the complainant shall serve a copy of said reply on the respondent or his representative. A party shall have the right to supplement his or her response or reply at any time that the investigation of the charge is pending.
F. Investigation: The chairperson of the Adjudicative Agency shall order a prompt investigation of the complaint, completing such an investigation within one hundred (100) calendar days after the filing of the charge.
The Administrator or his or her designated representatives shall have authority to request any member of the Council to issue subpoenas to compel the attendance of a witness or the production for examination of any books, records, or documents whatsoever.
If any witness whose testimony is required for any investigation resides outside the Municipality, or through illness or any other good cause as determined by the Administrator is unable to be interviewed by the investigator or appear at a fact-finding conference, his or her testimony or deposition may be taken, within or without the Municipality, in the same manner as is provided for in the taking of depositions in civil cases in circuit courts.
Upon reasonable notice to the complainant and the respondent, the Administrator shall conduct a fact- finding conference, unless prior to one hundred (100) calendar days of the date on which the charge was filed, the administering agency or Administrator has determined whether there is substantial evidence that the alleged ordinance violation has been committed.
A party's failure to attend the conference without good cause may result in dismissal or default. A notice of dismissal or default shall be issued by the Administrator and shall notify the relevant party that a request for review may be filed in writing with the Administrator within thirty (30) calendar days of receipt of notice of dismissal or default.
G. Conciliation: During the period beginning with the filing of charges and ending with the filing of a complaint (decision) or a dismissal, the Administrator shall, to the extent feasible, engage in conciliation with respect to such charge.
When the Administrator determines that conciliation is feasible, the complainant and respondent shall be notified of time and place of the conciliation meeting by registered or certified mail at least seven (7) calendar days prior thereto and either or both parties shall appear at the meeting in person or by attorney.
The Administrator shall attempt by all accepted methods of conciliation and lawful persuasion to resolve the grievance delineated in the complaint.
A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Administrator and the Adjudicative Agency.
A conciliation may provide for binding arbitration of the dispute arising from the charge. Any such arbitration that results from a conciliation agreement, may award appropriate relief, including monetary relief.
Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Administrator determines that disclosure is not required to further the purpose of this Chapter.
If, within sixty (60) calendar days after a charge has been received or initiated by the administering agency, the Administrator determines that attempts at conciliation would not be in furtherance of the objectives of this Chapter, or that the complaint cannot be resolved by conciliation, the Administrator shall so report to the Adjudicative Agency.
H. Hearing On A Complaint: The Adjudicative Agency shall, upon due and reasonable notice to all parties, conduct a fact-finding conference (hearing on complaint). All parties shall be entitled to be represented by legal counsel, and shall have the right to call witnesses in their own behalf and to cross-examine witnesses. All parties to the proceedings may apply to the Adjudicative Agency to have subpoenas issued in the name of the Adjudicative Agency. Testimony taken at the hearing shall be under oath or affirmation and a transcript shall be made and filed in the office of the Administrator.
I. Report Of Decision: Each investigated charge shall be the subject of a report to the Adjudicative Agency. The report shall be a confidential document subject to review by the Administrator, authorized employees of the Municipality, the parties, and where indicated by this Chapter by members of the commission or their designated hearing officers. Such report must be completed within one hundred (100) calendar days after a charge has been filed. The report shall contain:
1. The names and dates of contacts with witnesses.
2. A summary and the dates of correspondence and other contact with the complainant and the respondent.
3. A summary description of other pertinent records.
4. A summary of witness statements.
5. Answers to questionnaires.
A final report under this Section may be amended if additional evidence is later discovered.
Upon review of the report and within one hundred (100) calendar days after the filing of the charge, unless it is impracticable to do so, the Administrator shall determine whether there is substantial evidence that the alleged ordinance violation has been committed or is about to be committed.
If the Adjudicative Agency is unable to make the determination within one hundred (100) calendar days after the filing of the charge, the Administrator shall notify the complainant and respondent in writing of the reasons for not doing so.
If the Adjudicative Agency determines that there is no substantial evidence, the charge shall be dismissed and the complainant notified that he or she may seek review of the dismissal order before the Adjudicative Agency. The complainant shall have thirty (30) calendar days from receipt of notice to file a request for review by the Adjudicative Agency. The Administrator shall make public disclosure of each such dismissal.
If the Adjudicative Agency determines that there is substantial evidence he or she shall immediately issue a decision on behalf of the complainant.
J. Settlement And Dismissal: A settlement of any charge prior to the filing of a decision may be effectuated at any time upon agreement of the parties and the approval of the Administrator. The settlement of any charge after the filing of a decision shall be effectuated as specified in subsection I of this Section.
Settlements of charges prior to a decision shall be reduced to writing by the Administrator, signed by the parties, and submitted by the Administrator to the Adjudicative Agency for approval. Settlements of charges after a decision shall be effectuated as specified in subsection I of this Section.
When either party alleges that a settlement order has been violated, the Administrator shall conduct an investigation into the matter. If substantial evidence demonstrates that a settlement has been violated, the Administrator shall refer the matter to the Municipal attorney for enforcement in the circuit court in which the respondent or complainant resides or transacts business or in which the alleged violation took place.
The Administrator may dismiss a charge if it is satisfied that:
1. The respondent has eliminated the effects of this Chapter violation charged and has taken steps to prevent its repetition.
2. The respondent offers and the complainant declines to accept terms of settlement which the Administrator finds are sufficient to eliminate the effects of the civil rights violation charged and prevent its repetition.
In determining whether the respondent has eliminated the effects of the ordinance violation charged, or has offered terms of settlement sufficient to eliminate same, the Administrator shall consider the extent to which the respondent has either fully provided, or reasonably offered by ways of terms of settlement, as the case may be, the relevant relief available to the complainant under this subsection J.
When the Administrator dismisses a charge under this Section, he or she shall notify the complainant that he or she may seek review of the dismissal order before the Adjudicative Agency. The complainant shall have thirty (30) calendar days from receipt of notice to file a request for review by the Adjudicative Agency. (Ord. 92-10, 4-6-1992)