The Commission shall have the following powers and duties:
(A) To establish and maintain, in quarters to be provided by the city, an office in the city;
(B) To prescribe the duties of the Manager and other staff;
(C) To adopt, promulgate, amend and rescind such rules and regulations, procedural and substantive, as are consistent with the provisions of this chapter and state laws, or its intent and purpose as the Commission may deem necessary; (Rules and regulations of the Commission shall be amended only after a public hearing thereon, notice of the public hearing shall be given by 2 publications in a newspaper of general circulation printed in the city, such publications to be 1 week apart, the first publication to be not more than 30 days nor less than 15 days before the date of such public hearing. Amendments to the rules and regulations of the Human Relations Commission must be adopted by a majority of the Commission at a public meeting. After adoption these rules and amendments there to become effective. A copy of the rules and regulations of the Human Relations Commission shall be kept on file with the City Clerk, and copies shall be available at the office of the Human Relations Commission.)
(D) To formulate policies to effectuate the purposes of this chapter and make recommendations to the city to effectuate such policies;
(E) To receive and investigate complaints of discriminatory practices, and to hold hearings on such complaints; (The Commission shall not hold hearings in the absence of a complaint. All investigations of complaints shall be conducted by staff members of the Commission. All investigations of complaints shall be conducted by a staff member of the Commission or a person designated by the Commission.)
(F) Issue such publications and such results of investigations and research as in its judgment will tend to minimize or eliminate discrimination because of race, color, religion, sex, age, disability, national origin or ancestry;
(G) To prepare and submit to the Mayor and Council once each year a report of its activities, including the number of complaints filed with respect to each type of alleged discrimination, the number of cases in each category disposed of, the number still pending, and such other material information as may be requested by the Mayor or Council, or as the Commission may see fit to include;
(H) To prevent any person from discharging, expelling or otherwise discriminating and/or retaliating against any other person because he or she filed a complaint or has testified in any hearing before this Commission, or has in any way assisted the Commission in any matter under investigation;
(I) To conduct conciliation proceedings between the parties; (Under certain circumstances and with the consent of the Manager and written permission from the complainant and agreement by the employer, to attempt to resolve an allegation of discrimination prior to the filing of the complaint. Following a failed resolution proceeding, and after the filing of the complaint, the Commission shall have the power to conduct hearings to find facts, reach conclusions and issue orders in proper cases that the respondent cease and desist any discriminatory practice found to exist within the scope of the complaint and the evidence.)
(J) The Commission may hold hearings, appoint hearing officers, other than commissioners, when an appointment is deemed necessary by a majority of the Commission; (The hearing officers shall be members in good standing before the bar of the state and shall be appointed by the Chairperson of the Commission. A hearing officer appointed under this section shall have the same powers and duties as a Commissioner. The Commission shall have the power to subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath and require the production for examination of any books and papers relating to any matter under investigation or in question before the Commission. The Commission shall have the exclusive power to subpoena, but it shall consult with the Office of Corporation Counsel concerning the issuance of a subpoena. The Commission may make rules as to the issuance of subpoenas by individual Commissioners. Contumacy or refusal to obey a subpoena issued under this section shall constitute a contempt. All hearings shall be held within the city at a location determined by the Commission. A citation of contempt may be issued upon application by the Commission to the circuit or superior court, or judge thereof, in the county in which the hearing is held or in which the witness resides or transacts business.)
(K) The Commission shall state its finding of fact after a hearing, and, if the Commission finds a person has engaged in an unlawful discriminatory practice, it may cause to be served on such person an order requiring such person to cease and desist from the unlawful discriminatory practice and require such person to take further affirmative action as will effectuate the purposes of this chapter, including, but not limited to, the power to restore complainant’s losses as defined in divisions (1) and (M) hereof; (The Commission may require the posting of a notice setting forth the public policy of the state concerning civil rights and the respondent’s compliance with said policy in places of public accommodations; and it may require proof of compliance to be filed by the respondent at periodic intervals.)
(L) The Commission shall have the power to restore complainant’s losses and award actual damages incurred as a result of discriminatory treatment, as the Commission may deem necessary to assure justice; however, when applied to orders for damages to be paid as a result of discriminatory practices relating to employment shall be limited to lost wages, salaries, commissions or fringe benefits; (Credit shall be given, in appropriate instances, from earnings received elsewhere than from the respondent and complainant’s must make a good faith effort to mitigate damages.)
(M) The Commission may impose a penalty, in addition to the actual damages defined in division (1), upon any respondent not to exceed $1,500 for the first and second violation of this chapter within a 5-year period, and may further impose a penalty of $2,500 for 3 or more violations of this chapter within a 5-year period;
(N) Monies collected as a result of a penalty being imposed shall be collected by the Human Relations Commission and shall be deposited with the City Controller who shall deposit the monies into an account in the budget of the Human Relations Commission, to be called the Civil Rights Fund, which is hereby established; (The Civil Rights Fund shall be administered by the Commissioners. Money deposited in the Civil Rights Fund may be used only for administering this chapter and in the furtherance of promoting the provisions of the chapter, in the areas of civil rights law, including, but not limited to staff and commissioner training, legal fees for hearing officers, attorney’s fees, and education and outreach. Money in the fund does not revert to the general fund at the end of the fiscal year. Gifts, grants, civil penalties, bequests or other payments, public or private, received as authorized by this chapter shall be deposited to the Civil Rights Fund Account.)
(O) The Commission may sue to recover a civil penalty due under this section;
(P) In lieu of investigating a complaint and holding a hearing under this chapter, the Commission may issue an order based on findings and determinations by the federal Equal Employment Opportunity Commission or by the federal Department of Housing and Urban Development concerning a complaint that has been filed with 1 of these federal agencies and with the Commission; and (The Commission shall adopt by rule standards under which the Commission may issue such an order.)
(Q) Upon notice that a complaint is the subject of an action in a state or federal court, the Commission shall immediately cease investigation of the complaint and may not conduct hearings or issue findings of fact or orders concerning that complaint.
(1979 Code, § 35.36) (Ord. 2069, passed 2-17-1965; Am. Ord. 2307, passed 6-24-1968; Am. Ord. 4235, passed 1-8-1996; Am. Ord. 4461, passed 1-13-2000; Am. Ord. 4962, passed 4-17-2006
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