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(a) In the performance of its duties under this chapter, the Committee, or any member thereof, is hereby authorized to make such investigations as it deems necessary and proper, to examine any persons, under oath or otherwise, to inspect all books, records or memoranda pertinent to the investigation, and for this purpose to require by subpoena, to be served in the same manner that a summons is served in a civil action in a Court of Common Pleas, the production books, paper and records and the attendance of all persons, whether parties or witnesses, to testify before the Committee or any member thereof. A failure or refusal to comply with such subpoena shall constitute a violation of this chapter punishable as provided in Section153.99 . Each day of such failure or refusal shall be a separate offense.
(b) Whenever it is charged, or the Committee has reason to believe that any person has engaged or is engaging in any unfair employment practice, it, or any member thereof, may make such investigation as is deemed proper and may issue and cause to be served upon such person, hereinafter referred to as the respondent, a complaint stating the charges in respect and containing a notice of hearing before the Committee or a member thereof at a place therein fixed not less than ten days after the service of such complaint. The respondent shall have the right to file an answer to the complaint and to appear at such hearing in person, by attorney, or otherwise, to examine and cross-examine witnesses. If, upon all the evidence, the Committee shall find that the respondent has engaged or is engaging in any unfair employment practice, the Committee shall state its findings of fact supporting the same and shall certify the case and the entire record of its proceedings to the Village Solicitor for legal action. If the Committee, prior to the commencement of proceedings under Section 153.99 , as a result of its efforts of adjustment or otherwise, finds that the respondent has ceased such unfair employment practice, no certification of such proceedings shall be made to the Village Solicitor unless the Committee finds such respondent again engaging in an unfair employment practice, in which case both findings shall be certified to the Village Solicitor.
(c) Whenever the Committee finds any official, agent or employee of the Village has engaged in any unfair employment practice, it shall recommend appropriate action to the Mayor.
(d) Whenever the Committee finds any person operating an enterprise which solicits or accepts the custom of the public generally and which is operated under a privilege hereafter granted by the Village, has engaged or is engaging in any unfair employment practice with respect to employment within such enterprise, it shall report the same to the agency of the Village which granted such privilege, which agency may suspend such privilege for not more than ten days. When the Committee finds that such a person has committed further unfair employment practices subsequent to such finding, it shall report the same to such agency and a second violation shall constitute a grounds for which such agency may, in its discretion, suspend or revoke such privilege for not to exceed one year.
(e) Every contract hereinafter awarded by this Village or any of its contracting agencies, shall contain a provision obligating the contractor not to engage in any conduct defined as unfair employment practice in Section 153.03 , and requiring such contractor to include a similar provision in all of his subcontracts. Breach of this convenant may be regarded as a material breach of the contract.
(Ord. 563. Passed 3-14-51.)