2-120-510 Powers and duties.

   The commission shall have the following powers and duties, in addition to those assigned by other provisions of the Municipal Code:

   (a)   to advise and consult with the mayor and the city council on all matters involving prejudice or discrimination based on race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military status , source of income, credit history (within the meaning of Section 2-160-053 ), or criminal record or criminal history (within the meaning of Section 2-160-054 ), or professional training or education from an accredited institution; and to recommend such legislative action as it may deem appropriate to effectuate the policy of this ordinance;

   (b)   to cooperate with the mayor, the city council, officials, departments and agencies of the city government in securing equality of services to all citizens, and where the need is greater, in meeting that need with additional services;

   (c)   to develop and implement programs to train city employees in methods of dealing with intergroup relations, in order to develop respect for equal rights and to achieve equality of treatment regardless of race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military status, source of income, credit history (within the meaning of Section 2-160-053 ), or criminal record or criminal history (within the meaning of Section 2-160-054);

   (d)   to require the assistance of the various departments and agencies of the city government in identifying and eliminating discriminatory activities. The head of every city department and agency shall provide to the commission, at its request, information under control of the department or agency and relating to a pending complaint or matter under review by the commission. Upon receipt of a recommendation from the commission, the head of every department or agency shall submit to the commission a written report indicating action on and disposition of the recommendation;

   (e)   to initiate, receive and investigate complaints of alleged violations of Chapters 2-160 and 5-8 of the Municipal Code. A complaint must be filed no later than 300 days after the alleged violation. The person against whom a complaint is made shall be given a copy thereof within 10 days after it is filed, and shall be allowed to be present and offer a defense at any hearing thereon. Any person who files a complaint or against whom a complaint is made may be represented by counsel at any stage of conciliation, investigation or hearing on the complaint. The filing of a complaint pursuant to this section does not bar any person from seeking any other remedy that may be provided by law, except that in certain instances one or more intergovernmental agreements may specify before which governmental agency or court a person may pursue his or her complaint. If the commission concludes, based on objective facts, that a complaint filed pursuant to this section is clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment, the commission is authorized to impose a fine on the complainant of not less than $250.00 and up to $1,000.00 for each such filing;

   (f)   to investigate complaints in order to determine whether there is substantial evidence that a violation of Chapter 2-160 or 5-8 has occurred, except where such complaints are handled by another governmental agency pursuant to an intergovernmental agreement, as authorized in subsection (g) below. The investigation shall be completed within 180 days after receipt of the complaint, unless it is impractical to do so within that time. Within 30 days after completion of the investigation, the commission shall issue a written determination whether there is substantial evidence that a violation has occurred. If the commission determines that there is not substantial evidence, it shall give written notification of the determination to the charging party and the person against whom the complaint was made. Neither the commission nor its staff shall disclose, other than at a hearing as provided in subsection (g), any information obtained in the course of investigation or conciliation, except where otherwise required by law or intergovernmental agreement;

   (g)   to conduct hearings on complaints under subsection (e) of this section, if the commission determines that there is substantial evidence that a violation has occurred. Hearings may be conducted by the commission, a member thereof, or a hearing officer appointed for that purpose. A hearing must be commenced within 90 days after the determination of substantial evidence that a violation has occurred. All testimony shall be under oath, and shall be either recorded or transcribed;

   (h)   to appoint one or more hearing officers to conduct hearings authorized by subsection (g) of this section;

   (i)   to expedite proceedings under this section under the following circumstances. The commission at the request of the complainant may at any time consider a request for expedited proceedings. If the commission determines that the complainant is likely to die before the termination of the proceedings established in this section, it may order the proceedings expedited. When an order for expedited proceedings is issued, the processing of the complainant's charge by the commission shall take precedence over all matters except other matters of the same expedite character. Where such order is issued, the commission, or any hearing officer shall be authorized to shorten any time period, other than the 180 day charge filing period set by this act or by rule;

   (j)   to attempt to settle or adjust any complaint by conciliation at any time that the complaint is pending;

   (k)   to issue subpoena for the appearance of witnesses, the production of evidence, or both, in the course of investigations and hearings authorized under this section, if there is reason to believe that a violation has occurred and the testimony of the witness or the documents or items sought by the subpoena are relevant to the investigation. A subpoena shall be served in the same manner as subpoenas issued under the Rules of the Illinois Supreme Court to compel appearance of a deponent, and subject to the same witness and mileage fees fixed by law for such subpoenas. A subpoena issued under this section shall identify the person to whom it is directed and the documents or other items sought thereby, if any, and the date, time and place for the appearance of the witness and production of the documents or other items described in the subpoena. In no event shall the date for examination or production be less than seven days after service of the subpoena. No later than the time for appearance or production required by the subpoena, the person to whom the subpoena is directed may object to the subpoena, in whole or in part. The objection shall be in writing, delivered to the commission, and shall specify the grounds for the objection. For seven days after receipt of a timely objection to a subpoena, the commission shall take no action to enforce the subpoena or to initiate prosecution of the person to whom the subpoena is directed. During this seven-day period the commission, or the member or hearing officer conducting the hearing or investigation, shall consider the grounds for the objection and may attempt to resolve the objection through negotiation with the person to whom the subpoena is directed. The seven-day period may be extended by the commission, the member or hearing officer conducting the hearing or investigation, in order to allow completion of any negotiations. The extension shall be in writing addressed to the person to whom the subpoena is directed, and shall specify the date on which the negotiation period will end. Negotiations may include such matters as the scope of the subpoena and the time, place and manner of response thereto. The filing of an objection to a subpoena, and negotiations pursuant to an objection, shall not constitute refusal to comply with the subpoena, or interference with or obstruction of an investigation. Notwithstanding anything to the contrary contained herein, the commission on human relations shall have no power or authority over any member of the city council, any employee or staff person of any member of the city council or any employee or staff person of any city council committee, including, but not limited to the power of subpoena;

   (l)   to render a decision upon the conclusion of a hearing, or upon receipt of a hearing officer’s recommendation at the conclusion of a hearing, including findings of fact relating to the complaint, and to order such relief as may be appropriate under the circumstances determined in the hearing. Relief may include but is not limited to an order: to cease the illegal conduct complained of; to pay actual damages, as reasonably determined by the Commission, for injury or loss suffered by the complainant; to pay appropriate punitive damages when the respondent acted with actual malice, willfully, or with such gross negligence as to indicate a wanton disregard of the complainant’s rights, as reasonably determined by the Commission; to hire, reinstate or upgrade the complainant with or without back pay or provide such fringe benefits as the complainant may have been denied; to admit the complainant to a public accommodation; to extend to the complainant the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of the respondent; to pay to the complainant all or a portion of the costs, including reasonable attorney fees, expert witness fees, witness fees and duplicating costs, incurred in pursuing the complaint before the commission or at any stage of judicial review; to take such action as may be necessary to make the individual complainant whole, including, but not limited to, awards of interest on the complainant’s actual damages and backpay from the date of the civil rights violation. These remedies shall be cumulative, and in addition to any fines imposed for violation of provisions of Chapters 2-160 and 5-8. If the hearing was conducted by a member of the commission or by a hearing officer, the member or hearing officer shall submit written recommendations to the commission, including recommended findings of fact and recommended relief. The commission may adopt, reject or modify the recommendations, in whole or in part, or may remand for additional hearing on some or all of the issues presented. The commission shall adopt the findings of fact recommended by a hearing officer or commission member if the recommended findings are not contrary to the evidence presented at the hearing. Decisions of the commission shall be in writing, and must be approved by a majority of the quorum of the commission. Any decision of the commission shall constitute a final determination for purposes of judicial review and shall be subject to review in accordance with applicable law;

   (m)   to seek judicial enforcement of its subpoenas, orders and decisions;

   (n)   to render an annual report of the activities of the commission and its advisory councils and make recommendations to the mayor and city council. The report shall be published;

   (o)   to assist and advise the advisory councils in preparation of their respective rules of procedure for their meetings. Such procedural rules of the advisory councils shall be uniform to the extent practicable;

   (p)   to issue such other rules and regulations as may be necessary to implement its powers, including rules for briefing and oral argument in conjunction with hearings, defaulting of parties and dismissal of complaints for failure of a party to cooperate with the commission;

   (q)   to enter into intergovernmental agreements with any or all of the Cook County, State of Illinois and United States governmental entities which administer and enforce laws similar to the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance, for the purpose of more efficiently and effectively carrying out the goals of those ordinances. Such agreements may allow the commission to transfer or coordinate the investigation of complaints filed with the commission, and/or to decline jurisdiction, to defer the exercise of jurisdiction, or to dismiss a case which is proceeding in an alternate forum. The rights of persons to proceed under the Chicago Human Rights Ordinance and the Chicago Fair Housing Ordinance shall be governed by any such intergovernmental agreements, but in no event may the commission refuse to exercise jurisdiction where the complaint cannot be redressed in an alternate forum.

(Prior code § 21-52; Added Coun. J. 3-21-90, p. 13523; Amend Coun. 7-8-98, p. 72891; Amend Coun. J. 11-6-02, p. 96031, § 2; Amend Coun. J. 3-14-12, p. 22749, § 1; Amend Coun. J. 11-26-13, p. 68764, § 1; Amend Coun. J. 2-10-16, p. 18514, § 6; Amend Coun. J. 12-12-18, p. 93551, § 1)

 

Notes

2-160-053	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
2-160-054	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
2-160-053	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
2-160	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
2-160	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
5-8	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
2-160	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.