In order to protect the rights of all parties, the following procedures are hereby established for filing, investigating and hearing complaints involving discrimination.
(A) Complaints. In the event that any person is alleged to have committed an act of discrimination, the aggrieved person may file a sworn complaint in writing with the Secretary of the Fair Housing Commission. Said complaint shall set out the name or names of the alleged party, the statement of the act and the time and place of the commission of the act.
(B) Investigation and conciliation.
(1) The Fair Housing Commission shall consider each complaint during an executive session. In each instance where two-thirds majority of the members of the Commission are of the opinion that an act of discrimination under the provisions of this chapter may have been committed, it shall appoint a member of one or more members of the Commission to call upon the person alleged to have committed the act of discrimination (hereinafter referred to as respondent). This Committee shall attempt to determine whether or not such an act has in fact been committed and to effect conciliation between the parties, and to obtain commitments designed to prevent the reoccurrence of the complained of matter.
(2) In the event the Committee is successful in effecting conciliation between the parties and becomes convinced that no discriminatory act was committed, the complaint and all proceedings by the Commission and Committee shall be and remain confidential. Any disclosure except as authorized by the aggrieved person and respondent shall be grounds for removal from office. The Commission may, however, publish results of the work in official reports omitting the names of the parties and any factual items which would identify the parties.
(C) Waiting period. Before a public hearing is held as a consequence of division (D) below, a 30-day period shall pass in an attempt to effect a reconciliation.
(D) Public hearing. In the event the respondent refuses to meet with the Committee selected by the Fair Housing Commission, or if the Committee fails in obtaining conciliation between the parties or in obtaining commitment against reoccurrence, the Committee shall so report the matter to the Fair Housing Commission. The Chairperson may fix a time and place for public hearing on the complaint. A written statement of charges made in the complaint shall be served upon the respondent and written notice of the time and place of the public hearing. The hearing shall be held not less than 20 days after the service of the statement of charges. The respondent shall have the right to file an answer to the statement of charges, to appear at the hearing personally or be represented by an attorney and to cross-examine witnesses. The hearing shall not be conducted following the strict rules of evidence prevailing in courts of law except that the respondent shall have the right to confront any and all witnesses against him or her and the right to refuse to testify against himself or herself. All testimony taken at the hearing shall be under oath. If, upon all the evidence presented, the Commission finds that the respondent has committed an act of discrimination, the Commission shall set forth its findings of fact and shall issue and cause to be served upon the respondent such orders as the Commission deems just and equitable.
(E) Enforcement. In the event the respondent falls to comply with any order issued by the Commission, the Commission shall certify the matter to the Village Chairperson for appropriate action including enforcement proceedings in a district court.
(Prior Code, § 10-407) (Ord. 108, passed 7-7-1992)