The Committee shall have the following functions, powers, duties and responsibilities:
(a) To endeavor to eliminate prejudice among the various basic groups in the city and to further good will among all people of the city, and specifically, to encourage equality of treatment for and prevent discrimination against any racial, religious minority or ethnic group or its members;
(b) To receive, initiate, investigate, pass upon and attempt to conciliate complaints alleging discrimination, segregation or separation in employment, public accommodations and housing because of race, sex, religion, physical handicap, color, national origin or ancestry; to apply to the District Court after a complaint has been filed to enjoin violations of this article; to apply to the District Court for enforcement of any conciliation agreement by seeking specific performance of the agreement; to receive and investigate complaints and to initiate its own investigations of discrimination against any person, group of persons, organizations, corporations whether practiced by private persons, associations or corporations, and when it is found that such discrimination is within the jurisdiction of the State Commission on Civil Rights, it may be referred to that Commission;
(c) To hold hearings with respect to any complaint or other subject matter which it is authorized to investigate or review under this section. In furtherance of this responsibility, the Committee may:
(1) Make a request to the party or parties under investigation for factual data required to properly investigate complaints, practices or discrimination patterns;
(2) To administer oaths and take the testimony of any person under oath;
(3) To subpoena witnesses, compel their appearance, require the production for examination of records and documents and other evidence or possible sources of evidence and to examine, record and copy such materials and take and record the testimony or statement of such persons. The Committee may issue subpoenas to compel access to or the production of such materials or the appearance of such persons and may issue interrogatories to a respondent to the same extent and subject to the same limitations as would apply if the subpoena or interrogatories were issued or served in aid of a civil action in District Court. The Committee shall have access, at all reasonable times, to the premises and may compel such access by application to a court of competent jurisdiction; provided, however, that the Committee first complies with the provisions of Article 15 of the Kansas Bill of Rights and the Fourth Amendment to the United States Constitution relating to unreasonable searches and seizures. The Committee may take depositions to the same extent and subject to the same limitations as would apply if the deposition was taken in aid of a civil action in a District Court. Whenever the Ad Hoc Equal Opportunity Committee desires to issue a subpoena, it shall confer with the City Attorney’s office, which office shall then issue the desired subpoena on behalf of the Committee to the appropriate parties. Failure to comply with the subpoena, interrogatory or search warrant issued in and pursuant to this section, or to testify to any material regarding which such person may be lawfully questioned shall constitute a violation of this code. No person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which such person testifies or produces evidence except that such persons so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. The immunity herein provided shall extend only to natural persons.
(d) Objections to any subpoenas issued pursuant to this section shall be filed with the Ad Hoc Equal Opportunity Committee. The Committee may then request the Governing Body to appoint a hearing examiner to listen to and rule upon the objections. The failure to comply with any subpoena shall also be subject to prosecution in the Municipal Court. The hearing examiner shall restrict the scope of its inquiry concerning objections to subpoenas to making a determination of whether testimony from the persons subpoenaed is necessary for the furtherance of a Committee investigation and whether certain documents which are subpoenaed are necessary for the furtherance of a Committee investigation. If the hearing examiner finds that the subpoenaed persons or subpoenaed materials are necessary for the furtherance of a Committee investigation, then the hearing examiner shall order that the subpoena be complied with.
(Prior Code, § 8-704) (Ord. 1099, passed 4-1-1981)