The Human Rights Commission shall have the power to:
(A) Formulate and promulgate a mission statement embodying the purposes of the commission, to-wit; promoting diversity and improving quality of life within the city;
(B) Recommend to the Mayor for appointment an executive director, or such personnel as it may deem necessary, and to prescribe their duties.
(C) Adopt, promulgate, amend and rescind such rules and regulations, procedural and substantive, as may be consistent with the provisions of this chapter and state laws. Such rules and regulations shall be adopted in accordance with the provisions of this chapter as it may hereafter be amended.
(D) Formulate policies to effectuate the purposes of this chapter and make recommendations to the City to effectuate such policies. The several departments, commissions, boards, authorities, divisions, and officers of the city may furnish the Commission, upon its request, all records, papers, and information in their possession relating to any matter before the Commission.
(E) Receive and investigate complaints of discriminatory practices. The Commission shall not hold hearings in the absence of a complaint as herein defined. All investigations of complaints shall be conducted by staff members of the Commission.
(F) Issue such publications and such results of investigations and research which in its judgment will tend to minimize or eliminate discrimination because of race, color, religion, sex, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, familial status, marital status, or age.
(G) Prepare and issue a report annually to the Common Council and Mayor, describing in detail the investigation and conciliation proceedings it has conducted and their outcomes, the progress made and any other work performed and achievements towards the elimination of discrimination.
(H) Prevent any person from discharging, expelling or otherwise discriminating against any other person because he filed a complaint or has testified in any hearing before this Commission, or has in any way assisted the Commission in any matter under investigation.
(I) Appoint hearing officers, hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any such person under oath, and require the production for examination of any books and papers relating to any matter under investigation or in question before the Commission. The Commission shall have the exclusive power to subpoena, but it shall consult with the Department of Law concerning the issuance of a subpoena. The Department of Law may veto the issuance of a subpoena if and only if such an issuance would be an abuse of the Commission's subpoena power. Abuse of the Commission's subpoena power shall include, but not be limited to, use of such subpoena power for harassment purposes, issuance of a subpoena for information clearly irrelevant to the investigation being conducted, and issuance of a subpoena for information over an excessively broad span of time. Contumacy or refusal to obey a subpoena issued pursuant to this section shall constitute a contempt. All hearings shall be held within the City of Kokomo at a location determined by the Commission. A citation of contempt may be issued upon application by the Commission to the Circuit or Superior Court, or judge thereof, in the county in which the hearing is held or in which the witness resides or transacts business.
(J) Reduce the terms of conciliation agreed to by the parties in a consent agreement, which the parties and a majority of the Commissioners shall sign and when so signed, the consent agreement shall have the same effect as a final decision of the Commission. If the Commission determines that a party to a consent agreement is not complying with the agreement, the Commission may obtain enforcement of the consent agreement in a circuit or superior court upon showing that the party is subject to the Commission's jurisdiction.
(K) Institute actions in the Howard County Superior or Circuit Court for appropriate or equitable relief.
(L) Conduct programs and activities to carry out the public policy of the State, as provided in state statutes, within the City's territorial boundaries;
(M) Develop and perform such activities as will assist the city's compliance as a Community Development Block Grant grantee and with federal regulations and guidelines to affirmatively further fair housing in the city and keep adequate documentation of such activities;
(N) Subject to the provisions of the Indiana Open Records law, declare materials acquired in the course of an investigation to be confidential and to maintain the confidentiality thereof;
(O) Retain all materials, papers, documents, reports and other records produced in the course of an investigation for at least two years after a complaint has been administratively closed by the Commission, whereupon, subject to the provisions of state law concerning public records, such materials, papers, documents, reports, and other records may be disposed;
(P) Accept contributions, grants, and gifts from sources other than the city to carry on its work generally or for a particular function; and
(Q) Recommend to the Mayor and the Common Council legislation to aid in carrying out the purposes of this subchapter.
(Ord. 5925, passed 8-29-94; Am. Ord. 6127, passed 7-12-99; Am. Ord. 6252, passed 1-13-03; Am. Ord. 6820, passed 3-14-16)