(A) An individual claiming to be aggrieved by an unlawful practice, or a member of the Human Rights Commission, may file with the Commission a written (sworn) complaint stating that an unlawful practice has been committed, setting forth the facts upon which the complaint is based and setting forth fact sufficient to enable the Commission to identify the persons charged (hereinafter the respondent). The complaint must be filed within three months after the alleged unlawful practice occurs.
(B) The Commission shall make a prompt and full investigation of each complaint.
(C) If it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the Commission shall issue an order dismissing the complaint.
(D) If it is determined, after investigation, that there is probable cause to believe that the respondent has engaged in an unlawful practice, the Commission shall endeavor to eliminate the alleged unlawful practice by conference, conciliation and persuasion. The terms of a conciliation agreement reached with a respondent may require him or her to refrain from the committing of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the Commission or its staff and the respondent. Except for the terms of the conciliation agreement, neither the Commission nor any officer or employee thereof shall make public, without the written consent of the complainant and the respondent, information concerning efforts in a particular case to eliminate an unlawful practice by conference, conciliation or persuasion whether or not there is a determination of probable cause or a conciliation agreement.
(E) In any case of failure to eliminate the alleged unlawful practice by means of conference, conciliation and persuasion, the Commission shall hold a public hearing to determine whether or not an unlawful practice has been committed. The Commission shall serve upon the respondent a statement of the charges made in the complaint and a notice of the time and place of the hearing. The hearing shall be held not less than ten days after the service of the statement of the charges made in the complaint and a notice of the time and place of the hearing. The respondent shall have the right to file an answer, to appear at the hearing in person or to be represented by an attorney and to examine and cross-examine witnesses.
(F) If the Commission determines that the respondent has not engaged in an unlawful practice, the Commission shall state its findings of fact and conclusion of law and shall issue an order dismissing the complaint.
(G) If the Commission determines that the respondent has engaged in an unlawful practice, the Commission shall state its findings of fact and conclusion of law and shall issue an order requiring the respondent to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the Commission will carry out the purpose of this chapter.
(H) In connection with an investigation of a complaint filed under this chapter and resolution, the Commission or its designated representative at any reasonable time may request access to premises, records and documents relevant to the complaint and to examine, photograph and copy evidence.
(Ord. 6-71, passed 3-2-1971)