(A) Any person aggrieved in any manner by a violation of any provision of this chapter may file a written complaint with the Administrator. The complaint shall be under oath, addressed to the Commission, and shall:
(1) State the name and address of the complainant;
(2) State the name and address of the person or persons against whom the complaint is brought, if known to the complainant; and
(3) State the facts surrounding the alleged violation of this chapter. The complaint shall state the name and address of all persons believed to have knowledge concerning the alleged violation. The Commission shall provide a printed form of complaint for the use of the aggrieved persons.
(B) No fee shall be charged for the filing of the complaint.
(C) After the filing of the complaint, the Administrator shall, within three days, serve a copy of the complaint personally or by certified mail on the person or persons charged and shall furnish a copy to the Chairperson of the Commission.
(D) The Administrator shall investigate the complaint and if he or she determines that probable cause exists in support of the allegations of the complaint, he or she shall set a date for a conference and notify the parties of the time and place thereof. At the conference, the Administrator shall interview the complainant and the person or persons against whom the complaint has been directed and shall attempt to resolve the complaint by conciliation.
(E) (1) If the Administrator is unable to conciliate the complaint, he or she shall so notify the Chairperson of the Commission within 30 days of the filing of the complaint and the Commission shall thereupon hold a hearing on the complaint, either by the full Commission, or by a three-member panel thereof, as determined by the Chairperson.
(2) The hearing shall be conducted upon notice by certified mail to all parties, at least 48 hours prior to the hearing. The Commission shall provide a court reporter to take a transcript of the hearing.
(3) All evidence shall be under oath, administered by an officer authorized to administer oaths. All parties may be represented by counsel at their election and shall have the right to call witnesses and to cross-examine witnesses.
(4) If the hearing is conducted by a three-member panel, the panel shall furnish the Commission with:
(a) Its findings of fact;
(b) Its recommendations;
(c) A summary of the evidence taken; and
(d) A transcript of the hearing, if requested by the Commission.
(F) (1) At the close of the hearing, the Commission may take any one or more of the following actions:
(a) Resolve the complaint by conciliation;
(b) Dismiss the complaint;
(c) Make findings and make recommendations to the Board regarding suspension or revocation of license;
(d) Impose a fine provided for in § 93.99 below; and/or
(e) In the case of any violation of this chapter 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, notify by certified mail the contracting agency for the purpose of causing it to terminate the contract or any portion thereof, either absolutely or on condition of compliance with the provisions of this chapter.
(2) The Commission may direct the Village Attorney to commence action in any court of competent jurisdiction to recover the penalty provided herein or to seek such equitable relief as the Commission may deem proper.
(G) (1) If, in the judgment of the Administrator, immediate court action is necessary, he or she may, at any time, instruct the Village Attorney to file a complaint in any court of competent jurisdiction for a fine, injunction or other appropriate relief.
(2) Such action may be taken even though administrative hearings of the complaint are still pending before the Administrator or the Commission.
(3) In addition to the duties specified herein, the Administrator shall have the following powers and duties:
(a) To make recommendations regarding amendments to the Fair Housing Ordinance and related ordinances;
(b) To investigate all matters coming to his or her attention in connection with administering fair housing in the Village of Calumet Park; and
(c) To investigate fair housing grievances and attempt conciliation thereof, when either an oral or written complaint has been filed.
(H) At any time after final action by the Commission or after dismissal of a complaint by the Administrator or in the event of the refusal of the Administrator or Commission to act on a complaint within the time limits herein set forth, the complainant may file a complaint in any court of competent jurisdiction for appropriate relief for the alleged violation.
(I) The Commission or the Administrator is authorized to hold closed meetings for conciliation of complaints of discrimination brought pursuant to this chapter. The Administrator, the complainant and an advisor, the respondent and an advisor shall have the right to attend the hearing.
(J) The complainant or the person charged, or the Chairperson of the Commission or the Commission on its own motion, may have subpoenas issued by the Commission for persons to appear at Commission hearings and for the examination of documents. Subpoenas shall only be issued to persons or for documents which have a substantial evidentiary connection with a complaint. Service of the subpoenas shall be made in the same manner as in civil actions and shall be enforceable through any court of competent jurisdiction.
(Ord. 76-250, passed 9-9-1976)