(A) Membership. The Eminence Human Rights Commission shall consist of five members who shall be appointed on a nonpartisan basis and shall be broadly representative of the financial institutions, real estate businesses, religious groups, human rights groups, and the general public. The Mayor shall appoint the members, to be approved by the City Council. Of the first five members appointed, one shall be appointed for one year; two shall be appointed for two years, and two shall be appointed for three years. Subsequent appointments shall be for three years. In the event of incapacity, death, or resignation of any member a successor shall be appointed for the member’s unexpired term. Members shall be eligible for reappointment. Before making new appointments or any reappointments, the Mayor may request the recommendations of the Commission. No elected or appointed city official shall be a member of the Commission. The members shall serve without compensation.
(B) Powers. The Human Rights Commission is authorized to:
(1) Receive, initiate, investigate, hear, and determine charges of violations of ordinances, orders, or resolutions forbidding discrimination adopted by the city.
(2) Compel the attendance of witnesses and the production of evidence before it by subpoena issued by the Henry Circuit Court.
(3) Issue remedial orders, after notice and hearing, requiring cessation of violations.
(4) Issue such affirmative orders as in its judgment will carry out the purposes of this chapter.
(5) Employ an executive director, attorneys, hearing examiners, clerks and other employees and agents.
(6) Enter into cooperative working agreements with federal or state agencies to achieve the purposes of this chapter.
(7) In its own discretion or upon request of the City Council or the Kentucky Commission on Human Rights refer a matter under its jurisdiction to the Kentucky Commission on Human Rights for initial action or review.
(C) Enforcement of orders of the Human Rights Commission. The proceeding for enforcement of an order of the Human Rights Commission is initiated by filing a complaint in the Circuit Court. Copies of the complaint shall be served upon all parties of record. Within 30 days after the filing of the complaint by the Human Rights Commission, or within such further time as the court may allow, the Human Rights Commission shall transmit to the court the original or certified copy of the entire record upon which the order is based, including a transcript of testimony, which need not be printed. By stipulation of all parties to the proceeding, the record may be shortened. The findings of fact of the Human Rights Commission shall be conclusive unless clearly erroneous in view of the probative and substantial evidence on the whole record. The court shall have power to grant such temporary relief or restraining order as it deems just, and to enter an order enforcing, modifying, and enforcing as modified or setting aside in whole or in part the order of the Human Rights Commission, or remanding the case to the Human Rights Commission for further proceedings. All such proceedings shall be heard and determined by the circuit court, Court of Appeals, and the Supreme Court of Kentucky as expeditiously as possible and with lawful precedence over other matters.
(Ord., passed 1-2-79)