515.03 FAIR HOUSING COMMISSION.

   (a)    There is hereby created the Mansfield Fair Housing Commission to consist of five members. Three members will be appointed by the Mayor, with the advice and consent of Council, not more than two of whom shall be of the same political party and two members may be appointed by the Richland County Commissioners, whom shall be of different political parties. These members shall serve without compensation. Commission members shall serve for terms of three years or until their successors are appointed, with the terms being staggered such that two members shall be appointed every year, except that on every third year only one member shall be appointed.

   (b)    The Commission members shall comprise a cross section of the community at large. While members are to be representative of any racial, religious, civic, business, labor and private groups, they should be independent of these groups and selected only after consultation with persons broadly representing the community interest. All Commission members shall be committed to the philosophy of equal opportunity and fair treatment of all people, without regard to race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry.

   (c)    A majority of the members of the Commission shall constitute a quorum for the purpose of conducting the business thereof. A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission. Any vacancies shall be filled by appointment of the Mayor within sixty days of such vacancy with the advice and consent of Council. Each member shall hold office from the date of his appointment until the end of the term for which he was appointed. No person shall serve more than two successive terms. The chairman of the Commission shall be elected annually by its members and shall be a voting member of such Commission.

   (d)    Any member of the Commission who is absent from three consecutive meetings or from six meetings during any calendar year may be removed by a majority vote of the Commission.

   Any member of the Commission may be removed by the chairman for inefficiency, neglect of duty, misconduct or malfeasance in office after being given a written statement of the charges against him and an opportunity to be heard publicly thereon.

   (e)    The Commission shall hold meetings, as needed, and may hold special meetings upon the call of the chairman or any two members of the Commission. No special meeting shall be held unless written notice of such meeting is served personally or delivered to the members' regular place of residence at least twenty-four hours in advance of such meeting.

   (f)    The Commission shall determine its own internal organization, elect its own officers, adopt its own rules and bylaws and otherwise determine its own administration and procedure. The Commission shall organize into committees and subcommittees and assign responsibilities. Organizational structure shall vary according to the powers and functions delegated by this chapter. To increase its effectiveness, the Commission shall encourage residents' participation in its programs and the Commission may establish ad hoc advisory committees for the purpose of securing the services of highly competent people who normally cannot accept long-term responsibility.

(Ord. 18-181. Passed 9-18-18.)

515.04 POWERS AND DUTIES.

   (a)    The Fair Housing Commission shall:

      (1)    Adopt, amend and rescind rules and regulations to effectuate the provisions of this chapter, and the policies and practices of the Commission in connection therewith.

      (2)    Formulate policies to effectuate the purposes of this chapter and make recommendations to Council and other officers of the City to effectuate such policies.

      (3)    Review the administration and implementation of the City's community development and fair housing programs in accordance with local, State and federal laws, rules, regulations and programs to insure that program participation and coverage will not be denied persons on account of race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry.

      (4)    Observe with scrutiny the City's New Horizons Fair Housing Assistance Program to ensure its program provisions and results affirmatively support the City's fair housing policy and goals, State and federal regulations, etc., governing fair housing programs and procedures.

      (5)    Process any fair housing complaint, whether initiated by the Commission or by the filing of a complaint charging discrimination on account of race, color, religion, sex, national origin, marital status, age, handicap, familial status or ancestry, within the City's corporate limits or within the City's legal jurisdiction.

      (6)    To make such investigations and to hold such hearings as may be provided for by this chapter and the provisions of the City's New Horizons Fair Housing Assistance Program, and applicable local, State and federal laws, rules and regulations.

      (7)    In conducting any investigation or holding any hearing, and acting through its chairman, Fair Housing Officer or hearing examiner, compel the attendance by the issuance of a subpoena of any person believed to have knowledge of the facts relevant to such investigation or hearing to appear before the person or persons conducting such investigation or holding such hearing; and compel the production of books, papers, records or other evidence relevant to such investigation or hearing by the issuance of a subpoena upon the request of the Fair Housing Officer or any member of the Commission, or upon the request of any respondent in such an investigation or hearing, and all such requests shall be in writing.

      (8)    Take the testimony of any person under oath, make findings of fact and orders, and do all other things necessary or incidental to the carrying out of the intent and purpose of this chapter and the New Horizons Fair Housing Assistance Program or law under which the investigation is being conducted or the hearing held.

      (9)    Investigate and study housing patterns and group relationships within the City, and the extent and effect of discrimination and segregation in housing, real estate, mortgage lending, insurance and related fields.

      (10)    Have the power to enter into written agreements and to issue orders, and to obtain Court enforcement of such written agreements and orders to eliminate or provide relief from discriminatory practices. The Commission in its representation may avail "injunctive relief" to protect and preserve the rights of the complainant pending a final hearing before the Commission to hear the complaint.

      (11)    Determine and/or identify any unlawful fair housing policies and/or practices which may exist in the area; the Commission may elect to utilize residents within the community to assist in the identification and determination of unlawful housing practices.

      (12)    Report not less than once per year to Council and the Mayor, its proceedings, decisions and recommendations.

   (b)    The Commission may:

      (1)    Meet and function at any place within the City.

      (2)    Initiate and undertake on its own motion investigations or practices prohibited under this chapter.

      (3)    Prepare educational programs, publications and documentation as in it judgment will effectuate the purposes of this chapter.

      (4)    Form task force committees with the express purpose of assisting the Commission in carrying out is responsibilities under this chapter, and State and federal programs. (Ord. 89-150. Passed 7-5-89.)

515.05 FAIR HOUSING OFFICER.

   The principal daily administrative functions are assigned to the Community Development Fair Housing Officer. The Fair Housing Officer shall also supervise and direct the other fair housing employees appointed by the Community Development Manager.

(Ord. 89-150. Passed 7-5-89.)

515.06 COMPLAINT PROCEDURE.

   (a)    Whenever it is charged in writing and under oath, by a person, referred to as the "complainant" that any person, referred to as the "respondent" has engaged or is engaging in any unlawful discriminatory practice(s) in Section 515.02 or upon its own initiative in matters relating to such unlawful discriminatory practices, the Fair Housing Officer or a committee designated by the Fair Housing Commission shall initiate a preliminary investigation. Such preliminary investigation shall be an attempt to determine whether or not there is any merit to the charge. If it is determined after such preliminary investigation that it is not probable that any unlawful discriminatory practice has occurred, the Fair Housing Officer or the committee shall notify the "respondent" and the "complainant" of its determination and no further action wild be pursued. No such complaint shall be made later than 120 days after the date of occurrence of the act or practice complained of.

   If it is determined that it is probable that any unlawful discriminatory practice has occurred, the Fair Housing Officer or the designated committee shall endeavor to eliminate such practices by informal methods of conference, conciliation and persuasion, which proceedings may include or involve the execution by the parties of a written conciliation agreement setting forth the manner, terms and conditions of the resolution of such dispute and requiring compliance with any such terms and conditions. Nothing said or done during any such endeavors at conciliation shall be disclosed by any member of the Commission or its staff or be used in any subsequent proceedings. If, after such investigation and conference, the Fair Housing Officer or the designated committee is satisfied that any unlawful discriminatory practice of the respondent will be eliminated, it may treat the complaint as conciliated.

   If the Fair Housing Officer or the designated committee fails to effect the elimination of any unlawful discriminatory practice(s) and to obtain voluntary compliance with this chapter, the Fair Housing Commission shall issue and cause to be served upon any person or respondent a complaint stating the charges in that respect and containing a notice of hearing before a hearing examiner appointed by the Commission at a place therein fixed to be held not less than ten days after the service of such complaint. Such hearing shall be held at a place designated by the Commission. The City Law Director, a member of his/her staff, or an attorney appointed by the Commission may represent the Commission at such hearing.

   (b)    Any complaint may be amended by the Commission or its hearing examiner conducting the hearing, at any time prior to or during the hearing based thereon. The respondent shall have the right to file an answer or to amend an answer to the original or amended complaint, and to appear at such hearing in person, be represented by an attorney or other person, or otherwise to examine and cross-examine witnesses.

   (c)    The complainant shall be a part to the proceeding and any person who is an indispensable party to a complete determination or settlement or a question involved in a proceeding shall be joined. Any person who has or claims an interest in the subject of the hearing and in obtaining or preventing relief against the acts or practices complained of may, in the discretion of the person or persons conducting the hearing, be permitted to appear for the presentation of oral or written arguments.

   (d)    In any proceeding, the hearing examiner or the Commission shall not be bound by the rules of evidence prevailing in the courts of law or equity, but shall, in ascertaining the practices followed by the respondent, take into account all reliable, probative and substantial evidence, statistical or otherwise, produced at the hearing which may tend to prove the existence or nonexistence of any unlawful discriminatory practice(s) or a predetermined pattern of unlawful discriminatory practice(s).

   (e)    The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the Commission. Thereafter, at its discretion, the Commission or its hearing examiner upon notice to the complainant and to the respondent with an opportunity to be present may take further testimony or hear argument.

   No person shall be compelled to be a witness against himself at any hearing before the Commission or a hearing examiner of the Commission.

   (f)    If upon all the reliable, probative and substantial evidence, the hearing examiner determines that the respondent has engaged in, or is engaging in, any unlawful discriminatory practice(s) charged in the complaint, the hearing examiner shall state in writing to the Commission the findings of fact and conclusions of law and any recommendations concerning remedial action to be taken. Whereupon, the Commission shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such discriminatory practice(s) and to take such further affirmative or other action as will effectuate the purpose of this chapter.

   (g)    If the hearing examiner finds that no probable cause exists for crediting the charges, or if upon all the evidence, the hearing examiner finds that a respondent has not engaged in any discriminatory unlawful practice(s) against the complainant or others, the examiner shall state in writing to the Commission the findings of fact and conclusion of law and the Commission shall issue and cause to be served on the complainant and the respondent an order dismissing the complaint as to such respondent.

   (h)    Any party to the proceeding, claiming to be aggrieved by a final order of the Commission, including a determination by it that a prima facie case was not established by the complainant, may obtain judicial review thereof by a resort to any court of competent jurisdiction in accordance with the provisions of Ohio R.C. Chapter 2506.

(Ord. 89-150. Passed 7-5-89.)

515.07 INJUNCTIONS.

   (a)    The existence of any unlawful discriminatory practice and the commission of any act constituting the same, is hereby declared to be a public nuisance, and any person injured or aggrieved thereby may apply to a court of competent jurisdiction for an order in joining the continuance of any such practice or act, and if it appears from the facts alleged in a properly filed complaint that there is a great probability of immediate and irreparable damage to the complainant as a result of the alleged discriminatory act, the Fair Housing Commission after investigation, may request the City Law Director to apply to a court of competent jurisdiction for an order enjoining the continuance of any such practice or act.

   (b)    Whenever deemed necessary in order to protect the rights of the complainant and to preserve the power to the Commission to act upon or to resolve a complaint, or to seek compliance with a cease and desist order of a conciliation agreement, the Commission may apply to a court of competent jurisdiction for an injunction directed against a respondent, restraining the respondent from taking any action which would prevent the Commission from acting or which would make any order issued by the Commission meaningless.

(Ord. 89-150. Passed 7-5-89.)

515.08 LIMITATION OF JURISDICTION; TERMINATION OF PENDING PROCEEDINGS.

   The Fair Housing Commission shall have no authority to entertain or proceed with any complaint if the facts upon which the same is founded have by action of the complainant been made the subject of any civil or criminal proceeding in any court of competent jurisdiction.

(Ord. 89-150. Passed 7-5-89.)

515.99 PENALTY.

   (a)    Whoever fails to comply with the subpoena issued by the Fair Housing Commission shall be guilty of a minor misdemeanor.

   (b)    Whoever fails to comply with any of the terms and conditions of any conciliation agreement entered into or order issued by the Fair Housing Commission pursuant to Section 515.06 shall be fined not more than one thousand dollars ($1,000) or imprisoned no more than six months or both.