(A) Upon receipt of a duly filed complaint, the Chairperson of the Commission shall designate a member thereof to conduct an initial investigation into the allegations contained in said complaint. The member so appointed or designated shall be thereafter disqualified from hearing or making a final decision on the complaint, but may, nevertheless, appear as a witness if a public hearing is thereafter held.
(B) If, after the initial investigation the Commissioner conducting same shall determine the absence of probable cause to believe the allegations contained in the complaint to be true, the complainant shall be furnished with a copy of the Commissioner’s findings of fact and recommendations to the Commission.
(1) Thereupon, the complainant shall be given ten days within which to lodge with the Commission a written request, stating, in detail, the reasons therefor, for review of the findings of the Commissioner with respect to the existence of probable cause.
(2) Upon the receipt of such a request, the Chairperson of the Commission shall establish the date for a public hearing before the entire Commission, at which time the Commissioner’s report, together with such evidence as may be presented by the complainant, will be considered. A majority vote of the Commission on the issue of the existence of probable cause shall be final.
(3) If the findings of the investigating Commissioner are sustained by vote of the Commission following a public hearing thereon, the complaint shall be ordered dismissed in accordance with § 31.04.
(C) (1) If, after investigation, the Commissioner conducting same determines there to be probable cause to believe the allegations contained in the complaint are true, the investigating Commissioner shall attempt to personally remediate the matter through conciliation, and reduce the terms of the remediation to writing; said writing shall constitute a consent agreement, upon execution thereof, by the parties thereto.
(2) Upon approval by a majority of the Commissioners, which approval shall be evidenced by their signatures thereon, the consent agreement shall have the same effect as a cease and desist order.
(D) If, after a finding of probable cause is entered the investigating Commissioner is unable to successfully remediate the complaint into a consent agreement, this fact shall be communicated to the Chairperson of the Commission, who shall establish the date for a public hearing before the entire Commission for the purpose of determining whether or not the allegations contained in the complaint are true.
(E) The Commission shall serve upon the person charged by the complaint with having engaged in the discriminatory practice, the respondent, a statement of the charges made in the complaint and a notice of the time and place of the hearing to be conducted.
(1) The date of the hearing shall not be less than 15 days, nor more than 60 days, following service upon the respondent of the statement of charges, unless this requirement shall be waived by the mutual consent of the complainant, respondent, and the Commission.
(2) The respondent shall have the right to file with the Commission an answer to the statement of charges, and each party shall have the right to appear as a witness or otherwise at the hearing, to be represented by an attorney, to present evidence, and to examine and cross-examine witnesses.
(F) A public hearing called by the Commission shall be conducted in an informal manner and without recourse to technical common-law rules of evidence, and such manner of proof and introduction of evidence shall be deemed sufficient and shall govern the proof, decision, and administrative or judicial review of all questions of fact.
(G) A public hearing conducted by the Commission shall be presided over by one or more members of the Commission, or by a hearing officer appointed by the Commission for this purpose. The presiding official shall have the power to rule upon offers of proof and receipt of relevant oral or documentary evidence; to take or cause depositions to be taken, to regulate the course of the hearing and the conduct of the parties; to hold informal conferences for the settlement or simplification of the issues by consent of the parties; and to dispose of procedural motions and similar matters.
(H) The Commission shall cause a record of the public hearing to be made. The transcript of testimony adduced and exhibits admitted, together with the notice, or notices, of the hearing, all pleadings, exceptions, motions, requests and papers filed, shall constitute the complete record of such hearing and determination. Any party may obtain a copy of such record at his, her, or their own expense.
(I) All final orders and determinations of the Commission shall be made by a majority vote of the full Commission, as evidenced by their signatures thereon.
(Ord. 74-I, passed 6-3-1974)