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 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 6-10-053), or criminal history (within the meaning of Section 6-10-054), 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 people, 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 6-10-053), or criminal history (within the meaning of Section 6-10-054);

   (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, investigate, and adjudicate complaints of alleged violations of Chapters 5-8, 6-10, and Section 6-120-010(a) and (b) of the Code;

   (f)   to investigate complaints in order to determine whether there is substantial evidence that a violation of Chapter 5-8, 6-10, or Section 6-120-010(a) and (b) 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 6-10 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; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 7; Amend Coun. J. 4-27-22, p. 46382, § 6; Amend Coun. J. 1-18-23, p. 59661, § 1; Amend Coun. J. 11-15-23, p. 5888, § 3)

2-120-511 Adjudicatorial proceedings.

   (a)   Except as otherwise set by subsection (b) below, a complaint must be filed no later than 365 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 the 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.

   (b)   In cases of sexual harassment, the Commission may delay the issuance of a complaint to the respondent up to 30 days after it is filed.

(Added Coun. J. 4-27-22, p. 46382, § 6)

2-120-515 Investigations, research and publications.

   The Commission may also conduct research, public forums and educational programs on tensions between various groups within society, practices of 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 6-10-053), or criminal history (within the meaning of Section 6-10-054); conduct public hearings to ascertain the status and treatment of various racial, ethnic, religious, cultural and social groups within society; means of alleviation discrimination and bias, and of improving human relations within the city; and issue such publications as may assist in the performance of its function.

(Prior code § 21-53; Added Coun. J. 3-21-90, p. 13523; Amend Coun. J. 11-6-02, p. 96031, § 2; Amend Coun. J. 2-10-16, p. 18514, § 7; Amend Coun. J. 4-27-22, p. 46382, § 6; Amend Coun. J. 11-15-23, p. 5888, § 4)

2-120-518 Hate crimes and hate incidents.

   (a)   For purposes of this section, the definitions in Section 6-10-020 of this Code and the following definitions shall apply:

      (1)   “Graffiti” has the meaning ascribed to that term in Section 7-28-065 of this Code.

      (2)   “Hate crime” means any action in violation of Section 8-4-020 or 8-4-085 of this Code or of Section 12-7.1 of the Illinois Criminal Code of 2012, 720 ILCS 5/12-7.1.

      (3)   “Hate incident” means any action that: (A) targets an individual or group based on their actual or perceived race, color, sex, gender identity, age, religion, disability, national origin, ancestry, or sexual orientation; (B) consists of clear and intentional acts of bias, prejudice, or hostility, including but not limited to offensive language, symbols, or threats, that place the targeted individual or group in reasonable apprehension of a hate crime; and (C) is not classified as a criminal offense or as a violation of this Code.

   (b)   (1)   Whenever any Chicago police officer has identified a victim of a possible hate crime or hate incident committed within the City, the Department of Police shall, to the extent possible and when consented to by the alleged victim, supply the name and contact information of the alleged victim to the Chair of the Commission, together with other relevant information concerning the alleged hate crime or hate incident.

      (2)   The Department of Police shall, on at least a monthly basis, prepare a statistical summary concerning: (A) all criminal acts and ordinance violations committed within the City during the previous month that are alleged to be hate crimes; and (B) all other incidents reported to the Department of Police that are alleged to be hate incidents. The statistical summary shall include, but is not limited to, aggregate information regarding the total number of hate crimes and hate incidents by community area, bias motivation, type of incident, and disposition, to the extent known. The Department of Police shall make such information available to the public on an online dashboard that is updated on at least a monthly basis. The Department of Police shall also forward a copy of the statistical summary to the Commission. The statistical summary shall be in a form approved by the Department of Police and the Chair of the Commission.

   (c)   Whenever the Department of Police has provided information concerning a victim of a possible hate crime or hate incident to the Chair of the Commission, either the Chair or a person designated by the Chair shall make reasonable efforts to contact the victim for the purpose of offering to help the victim together with the Department of Police, prosecutors, and any other relevant entities.

   (d)   The Department of Police shall train both full-time and part-time new recruits and veteran personnel on an ongoing basis on the subject of hate crimes and hate incidents. The Department of Police shall ensure that officers receive in-service training on methods, strategies, and techniques for recognizing and responding to hate crimes and hate incidents, including procedures for processing reports and complaints made to the Department of Police, the Commission, and the Office of Emergency Management and Communications.

   (e)   (1)   The Department of Police shall keep and compile statistics on hate crimes and hate incidents. The Commission shall evaluate the statistics provided by the Department of Police to determine if such hate crimes and hate incidents are part of a pattern or are due to hate or hate-based tensions in the area where the hate crime or hate incident was committed.

      (2)   Before July 1 of each year, the Commission shall make available to members of the public and present to the City Council Joint Committee on Public Safety and Health and Human Relations an annual report summarizing its work in addressing hate crimes and hate incidents. The annual report shall also include, but is not limited to:

         (A)   the total number of hate crimes and hate incidents organized by community area, bias motivation, type of incident, and disposition, to the extent known;

         (B)   an overview of hate crimes and hate incidents from local, regional, and national perspectives;

         (C)   an overview of the Commission’s activities regarding hate crimes and hate incidents in the previous year; and

         (D)   any findings and recommendations to reduce or eliminate hate crimes and hate incidents, which may include an evaluation of the effectiveness of City policies and procedures in ensuring: (i) hate crimes and hate incidents are comprehensively investigated, tracked, and reported; and (ii) survivors of hate crimes and hate incidents receive the assistance of City agencies, as appropriate.

   (f)   Upon recommendation of the Chair, the Commission may call a hearing to address only perceived patterns of hate crimes, hate incidents, or hate-based tensions. The Commission may employ a hearing examiner and other employees necessary for such purpose. For the purpose of such hearing, the Commission may:

      (1)   Receive evidence and hear testimony related to patterns of hate crimes, hate incidents, and hate-based tensions; provided, however, that the Commission will not invite or suggest the attendance of a victim of or a witness to any matter in which there is an ongoing criminal investigation or prosecution, including any appeal or retrial;

      (2)   Issue and enforce subpoenas pursuant to Section 2-120-510 of this Code to compel the attendance of witnesses and the production of evidence relevant to the matter in question; provided, however, that no subpoena shall be issued to compel the attendance of a victim of or witness to any matter in which there is an ongoing criminal investigation or prosecution, including any appeal or retrial; and

      (3)   Issue findings and recommendations concerning ways in which hate crimes, hate incidents, and hate-based tensions can be reduced in the affected area.

   The Commission shall conduct such a hearing, and issue and enforce any subpoena, in a manner that will avoid interference with any ongoing criminal investigation or prosecution.

   (g)   The Commission is hereby authorized to develop, initiate, and partner with organizations to provide and connect residents with educational and other programs, and services, designed to reduce hate-based tensions and the incidence of hate crimes and hate incidents, either in particular areas or on a citywide basis.

   (h)   (1)   The Office of Emergency Management and Communications shall establish a standardized intake system for members of the public to report hate crimes and hate incidents through 311 City Services to facilitate the City’s accounting, management, and reporting of hate incidents. The system shall collect information regarding alleged hate crimes and hate incidents and provide users with the option to request service from an appropriate entity, including law enforcement.

      (2)   The Office of Emergency Management and Communications shall make available to members of the public a graffiti removal request submission process through 311 City Services that allows users to identify whether they believe the graffiti constitutes a hate crime or hate incident with appropriate documentation.

   (i)   Nothing required to be made publicly available under this section shall be made publicly available in a manner that: (1) reveals personally identifiable information of a person involved in a hate crime or hate incident; (2) inhibits or interferes with the ability of the Department of Police to pursue criminal investigations; or (3) inhibits or interferes with an ongoing criminal prosecution.

   (j)   Nothing in this section shall be construed to prohibit, restrict, or authorize the imposition of a penalty against any act or expression that is protected under the Constitution of the United States or the Constitution of the State of Illinois.

(Added Coun. J. 12-19-90, p. 27888; Amend Coun. J. 12-13-23, p. 7340, § 1)

ARTICLE XV. CHICAGO PULLMAN COMMITTEE* (2-120-525 et seq.)

* Editor's note – Coun. J. 3-31-04, p. 20916, § 1.1, repealed former Art. XV, § 2-120-520, which pertained to the home rule commission. Coun. J. 3-16-16, p. 20788, § 1, amended the title of Article XV to read as herein set out. Prior to inclusion, Article XV was entitled, "Pullman National Monument Advisory Commission".

2-120-525 Establishment and composition.

   There is hereby established a committee to be known as the "Chicago Pullman Committee". The committee shall consist of a chairperson and at least six additional members, who shall be selected and appointed by the mayor, with input from Pullman community leaders, business owners, and residents. The chairperson shall serve a two-year term. Two of the initial appointees shall be appointed for terms expiring on July 1st of the year following their appointment, two shall be appointed for terms expiring July 1st of the second year following their appointment, and the remaining initial appointees shall be appointed for terms ending on July 1st of the third year following their appointment. Thereafter, members shall be appointed for three-year terms, which may be renewed at the discretion of the mayor. A vacancy shall be filled for the remainder of any unexpired term in the same manner as the original appointment. The committee shall meet at least twice per year. At least forty-eight (48) hours' notice of the time and place of each committee meeting shall be given by the chairman. A majority of the members of the committee shall constitute a quorum for the purpose of transacting business.

(Added Coun. J. 7-29-15, p. 4107, § 1; Amend Coun. J. 3-16-16, p. 20788, § 2)

2-120-530 Powers and duties.

   The Chicago Pullman Committee shall have and may exercise the following duties, powers, and responsibilities:

   (a)   To plan, initiate, supervise, and coordinate programs and projects that (1) promote tourism and visitation to the Pullman National Monument, (2) facilitate the preservation and maintenance of the Pullman National Monument, and (3) raise community awareness as to the historical importance and significance of the Pullman National Monument.

   (b)   To solicit and accept public and private contributions of funds and services, and, following due appropriation of such funds and in consultation with and with permission from the National Park Service, to utilize the funds and services in ways that promote and support the Pullman National Monument.

   (c)   To act as a liaison between the city government and community organizations, promoting cooperation between the government and these organizations, and among these organizations, in order to seek input, recommendations, and contributions to enhance the Pullman National Monument.

   (d)   To act as a liaison between the city government and the National Park Service and other federal government agencies, promoting cooperation between the city and federal governments, in order to enhance the Pullman National Monument.

   (e)   To report from time to time to the Mayor and the City Council on important problems, conditions, or proposals pertinent to the development, maintenance, and protection of the Pullman National Monument.

   (f)   To solicit input from members of the public, community groups, and businesses to assist and advise the committee on matters relating to the committee's duties.

   (g)   To adopt, publish, and make available rules of procedure and other regulations for the conduct of committee meetings and other business.

   (h)   To exercise any other power or authority necessary or appropriate to carry out the purposes of these provisions.

(Added Coun. J. 7-29-15, p. 4107, § 1; Amend Coun. J. 3-16-16, p. 20788, § 3)

ARTICLE XVI. RESERVED* (2-120-530 et seq.)

* Editor's note – Coun. J. 3-31-04, p. 20916, § 1.1, repealed Art. XVI, §§ 2-120-530 – 2-120-570, which pertained to the mayor's advisory staff.

ARTICLE XVII. COMMISSION ON CHICAGO HISTORICAL AND ARCHITECTURAL LANDMARKS (2-120-580 et seq.)