(a) Complaints - Consideration by the Commission.
(1) A person claiming to be aggrieved by a discriminatory practice, or a member of the Commission, may file with the Commission a written sworn complaint stating that a discriminatory practice has been committed, setting forth the facts sufficient to enable the Commission to identify the persons charged (hereinafter the respondent). Within ten (10) days after receipt of the complaint, the Commission shall serve on the complainant a notice acknowledging the filing of the complaint and informing the complainant of the respondent's time limits.
(2) The Commission shall, within ten (10) days of the filing of the complaint, furnish the respondent with a copy of the complaint and a notice advising the respondent of the respondent's procedural rights and obligations under this chapter.
(3) The complaint must be filed within one hundred eighty (180) days after the commission of the alleged discriminatory practice.
(4) The Commission shall commence an investigation of the complaint within thirty (30) days after the filing of the complaint. The Commission, or designee, shall promptly investigate the matter to determine whether the discriminatory practice exists.
(5) The investigated complaint shall be presented to the Commission, which shall meet and review the investigation within thirty (30) days of receipt. If it is determined that there is no reasonable cause to believe that the respondent has engaged in a discriminatory practice, the Commission shall dismiss the complaint, and the Commission shall furnish a copy of the order to the complainant, the respondent and such public officers and persons as the Commission deems proper.
(6) The complainant, within thirty (30) days after receiving a copy of the order dismissing the complaint, may file with the Commission an application for reconsideration of the order. The Commission shall reconsider the decision and any new evidence presented within thirty (30) days of the request for reconsideration. If it is dismissed a second time the matter is concluded.
(7) If no request for reconsideration is made within a timely manner, the complaint and Commission records may be destroyed, consistent with the Village's Records Retention and Destruction Schedule.
(b) Conciliation Agreements.
(1) If the Commission determines after investigation that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice, the Commission shall endeavor to eliminate the alleged discriminatory practices by conference, conciliation and persuasion. Early conciliation/mediation is encouraged.
(2) The terms of a conciliation agreement reached with a respondent shall require the respondent to refrain from discriminatory practices in the future and shall make such further provisions as may be agreed upon between the Commission or its assigned staff and the respondent.
(3) If a conciliation agreement is entered into, the Commission shall issue and serve on the complainant an order stating its terms. A copy of the order shall be delivered to the respondent and such public officers and persons as the Commission deems proper.
(4) Except for the terms of the conciliation agreement, the Commission shall not make public, without the written consent of the complainant and the respondent, information concerning efforts in a particular case to eliminate discriminatory practice by conference, conciliation or persuasion, whether or not there is a determination of reasonable cause or a conciliation agreement. To the extent permitted by law, conciliation agreements shall remain confidential.
(5) At the expiration of one year from the date of a conciliation agreement, and at other times in its reasonable discretion, the Commission or its staff may investigate whether the respondent is following the terms of the agreement.
(6) If a finding is made that the respondent is not complying with the terms of the agreement, the Commission shall take such action as it deems appropriate to assure compliance.
(7) To facilitate conciliation, as allowable within the Commission's budget as established by Council, the Commission may engage an outside mediator.
(c) Hearings.
(1) If a conciliation agreement has not been reached within ninety (90) days after an administrative determination of reasonable cause to believe that discrimination took place, the Commission shall serve on the respondent by mail or in person a written notice, together with a copy of the complaint as it may have been amended, or a copy of the letter of determination, requiring the respondent to answer the allegation(s) of the complaint at a hearing before the Commission or another individual pursuant to its rules, at a time and place specified by the hearing examiner or examiners after conference with the parties or their attorneys. A copy of the notice shall be furnished to the complainant and such public officers and persons as the Commission deems proper.
(2) A Member of the Commission who filed the complaint or endeavored to eliminate the alleged discriminatory practice by conference, conciliation or persuasion shall not participate in the hearing or in the subsequent deliberation of the Commission. In the case where a Member of the Commission filed a complaint and a hearing or subsequent deliberation of the Commission is required, a temporary Commissioner shall be appointed by the Village Mayor.
(3) The respondent may file an answer with the Commission by registered or certified mail in accordance with the rules of the Commission before the hearing date. The respondent may amend an answer at any time prior to the issuance of an order based on the complaint, but no order shall be issued unless the respondent has had an opportunity of a hearing on the complaint or amendment on which the order is based.
(4) A respondent, who has filed an answer or whose default in answering has been set aside for good cause shown, may appear at the hearing with or without representation, may examine and cross-examine witnesses and the complainant and may offer evidence.
(5) The complainant, and, in the discretion of the Commission, any person may intervene, examine and cross-examine witnesses and present evidence.
(6) If the respondent fails to answer the complaint, the Commission may find the respondent in default. Unless the default is set aside for good cause shown, the hearing may proceed on the evidence in support of the complaint.
(7) Efforts at conference, conciliation and persuasion shall not be received in evidence.
(8) Testimony taken at the hearing shall be under oath and recorded. If the testimony is not taken before the Commission, the record shall be transmitted to the Commission.
(9) In a proceeding under this chapter, the production of a written, printed or visual communication, advertisement or other form of publication, or a written inquiry, or record, or other document purporting to have been made by a person shall be prima facie evidence that it was authorized by the person.
(10) All hearings conducted under this section shall be conducted in accordance with Chapter 119 of the Ohio Revised Code.
(d) Findings and Orders.
(1) If, following a hearing held under this chapter, the Commission determines that the Respondent has not engaged in a discriminatory practice, the Commission shall state its findings of fact and conclusions of law and shall issue an order dismissing the complaint. A copy of the order shall be furnished to the Complainant, the Respondent, the Mayor and such other public officers as the Commission deems proper.
(2) If, following a hearing held under this chapter, the Commission determines that the Respondent has engaged in a discriminatory practice, the Commission shall state its findings of fact and conclusions of law and shall issue an order requiring the Respondent to cease and desist from the discriminatory practice and to provide such remedies as in the judgment of the Commission will carry out the purposes of this chapter. A copy of the order shall be delivered to the Respondent, the Complainant, the Mayor and such other public officers as the Commission deems proper.
(e) Remedies.
(1) State/Federal Remedies.
A. The remedies provided for in this chapter are in addition to, not in lieu of, those provided for by state and federal law. This chapter shall therefore not be construed so as to limit a person's right to file complaint with any state or federal agency, board, tribunal or court vested with jurisdiction to receive, review and act upon complaints of discrimination This chapter shall not be construed as limiting the right of any person to seek remedies in courts of competent jurisdiction pursuant to state or federal law which grant private
rights of action to persons aggrieved by discriminatory acts of the type prohibited by this chapter. There is no requirement that an aggrieved person file a complaint with the Village pursuant to this chapter before seeking any other federal, state or other remedy available to the person.
B. A person's election to seek remedies provided for in this chapter shall not operate to toll any statute of limitation set forth in state or federal law for pursuing remedies under state or federal law for acts of discrimination of the type prohibited by this chapter.
(Ord. 2019-10. Passed 1-27-19.)
(2) Commission Remedies.
A. The Commission may order a civil fine of up to five hundred dollars ($500.00) for each violation. Each day on which a continuing violation occurs shall constitute a new and separate violation of this chapter. Provided, however, the maximum collected fine for a continuing violation shall be two thousand five hundred dollars ($2,500). Fines collected pursuant to this section will be used to establish a fund to educate the community about nondiscrimination practices and to promote nondiscrimination in the Village. The Village Solicitor is authorized to pursue enforcement and collection of such fines in a separate civil action. In addition to recovery of such fines in any subsequent court proceeding, the Respondent/Defendant shall be liable for all costs of collection including reasonable Attorney fees.
(Ord. 2021-11. Passed 11-22-21.)
B. The Commission may publish, or cause to be published, the names of persons who have been determined to have engaged in a discriminatory practice.
(f) Judicial Review. A complainant or respondent aggrieved by an order of the Commission, including an order dismissing a complaint or stating the terms of a conciliation agreement, may obtain judicial review in accordance with applicable law.
(Ord. 2019-10. Passed 1-27-19; Approved by voters 11-3-20.)