The Commission shall have the following powers and duties:
(A) To create and appoint subcommittees and advisory committees as, in the judgment of the Commission, are necessary to effectuate the purposes stated in this subchapter;
(B) To adopt, promulgate, amend, and rescind rules and regulations, procedural and substantive, necessary to effectuate purposes of this subchapter. Such rules and regulations of the Commission shall be published and made available to the public in the office of the County Clerk;
(C) To issue such publications and make such pronouncements as in the judgment of the Commission will tend to minimize or eliminate discrimination because of race, religion, color, sex, national origin, or ancestry;
(D) To prepare and issue annually a report to the Board of Commissioners describing, in detail, such investigations, or other proceedings conducted, and the results thereof, as well as a statement with respect to such other actions or activities undertaken by the Commission in fulfillment of its responsibilities;
(E) To formulate policies deemed necessary to effectuate the purposes of this subchapter, and to make recommendations to the county and its subdivisions with respect to implementation of the policies so formulated. The several departments, commissions, boards, authorities, divisions, and the officers of the county and its subdivisions shall furnish the Commission, upon request, such records, papers, or other information in their possession relating to any matter before the Commission;
(F) To make a prompt and full investigation of each complaint properly before the Commission relating to an unlawful discriminatory practice; provided, the Commission shall not conduct proceedings relative to an alleged discriminatory practice in the absence of a duly filed complaint, as the same is defined in § 31.02;
(G) (1) To hold public hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and to require the production for examination of any books and papers relating to any matter under investigation, or in question before, the Commission; and
(2) The Commission may make rules as to the issuance of subpoenas by individual Commissioners. Contumacy or refusal to respond to a subpoena issued pursuant to this section shall constitute a contempt. A citation of contempt may be issued, upon application by the Commission, to the circuit court or judge thereof.
(H) (1) To state its findings of fact after 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 would effectuate the purposes of this subchapter, including, but not limited to, the power to restore complainants losses incurred as a result of discriminatory treatment, as the Commission may deem necessary to ensure justice; and
(2) If the Commission finds that the respondent has not engaged in any unlawful practice or violation of this subchapter as alleged, the findings of the Commission shall so state, and the Commission shall issue and cause to be served on the complainant an order dismissing said complaint as to such person.
(I) To review compliance of all consent agreements approved by the Commission. If, upon review, the Commission determines that a party to such agreement is not complying with the terms thereof, the Commission my seek enforcement of such consent agreement in the circuit court; provided, however that such party is subject to the Commission’s jurisdiction and resides or transacts business within the county in which the petition for enforcement is brought;
(J) To issue temporary emergency orders against any person necessary for the preservation of a remedy which may reasonably result following the conclusion of the investigation into the complaint giving rise to such order; provided, however:
(1) No emergency order shall be issued unless the time and place for the hearing on such temporary emergency order is designated in the order;
(2) A hearing into the matter of the temporary emergency order shall be held within 15 days following the issuance thereof, unless same may be continued by the Commission upon the request of the respondent:
(a) At such hearing, the complainant must demonstrate that a failure to continue the temporary order would adversely affect the remedy sought to be attained by complainant’s complaint; and
(b) Upon reviewing the comparative hardship to complainant and respondent, the Commission shall order the continuation or termination of the temporary emergency order pending final disposition of the complaint.
(3) The Commission may be rule provide for the issuance of a temporary emergency order by a single member of the Commission, and it may compel compliance with the terms of such temporary order by resort to action in the county’s circuit court.
(K) To prevent, by action of the Commission, any person from discharging, expelling, or otherwise discriminating against any other person because of the fact that he or she filed a complaint with, or testified in any hearing before, the Commission, or in any way assisted the Commission with respect to any matter under investigation.
(Ord. 74-I, passed 6-3-1974)