§ 37.04  POWERS AND DUTIES.
   The Commission shall have the following powers and duties:
   (A)   To establish and maintain a permanent office in the city;
   (B)   To appoint an Executive Director who shall be compensated for his or her services and to retain other employees appointed by the Director;
   (C)   To set out rules, regulations and guidelines for the operation of the office and duties and responsibilities of the Director, staff and employees;
   (D)   To create subcommittees and advisory committees as in its judgment will aid in effectuating the purpose of this subchapter;
   (E)   To issue publications and results of investigations and research as in its judgment will tend to minimize or eliminate discrimination because of race, religion, color, sex, handicap, national origin or ancestry;
   (F)   To initiate or receive charges of discriminatory practices or complaints. Upon the request of the complainant, the Commission or staff shall aid the complainant in drafting the complaint. To be acceptable to the Commission, a complaint shall be sufficiently complete so as to reflect properly the name, address and telephone (if any) of the complainant; the name, address and telephone (if any) of the respondent against whom the complaint is made; the alleged discriminatory practice and a statement of particulars thereof; the date or dates and places of the alleged discriminatory practice; if it is of a continuing nature, the dates between which those continuing acts of discrimination are alleged to have occurred; and a statement as to any other action, civil or criminal, instituted in any other form based upon the same grievance as alleged in the complaint, together with a statement as to the status or disposition of those other actions. No complaint shall be valid unless filed within 90 days after the occurrence of the alleged discriminatory practice or from the date of the termination of a published and meaningful grievance procedure provided by a respondent employer or labor union. No complaint shall be filed both with the city and with the state;
   (G)   To receive and investigate charges of discriminatory practices of complainants. All investigations of complaints shall be conducted by the Director or staff members of the City Human Relations Commission. The Director and staff shall make reasonable effort to conciliate all issues raised during the investigation of the case. The Director or staff members who conduct an investigation shall not communicate their opinion and recommendations to the Commissioners who may ultimately adjudicate the complaint. When that investigator is unable to conciliate the complaint, and facts are sufficient enough to support a finding of probable cause, the investigator shall refer the case to three Commissioners appointed as hearing officers on a rotating basis by the Chairperson of the Commission or his or her designee, who shall receive the case and make their determination of probable cause or no probable cause. If the recommendation of two of the three hearing officers is that probable cause exists, that finding shall be made, and the complainant and respondent shall be furnished with a copy of the findings of fact and recommendations. If no conciliation agreement is reached, the case then is referred to the Commission for public hearing. When the recommendation after the investigation is that no probable cause exists, the complainant shall be given ten days to make a written request, with the reasons therefore, to the Commission for review of the finding. Upon the receipt of the request for review, the Chairperson shall appoint a Commissioner to review that request. Whenever that Commissioner is named for the purpose of reviewing a request for reconsideration by the complainant, that Commissioner shall be disqualified from any further participation in that case. The Commissioner chosen shall not be one of the three hearing officers, except as a witness at a public hearing on the complaint. However, if a Commissioner’s previous disqualification would deprive the Commission of a quorum or majority, the Chairperson shall designate which Commissioners need not be disqualified. If the reviewing Commissioner shall reach the same decision as the three appointed probable cause hearing officers; the decision shall be final upon approval by a majority vote of the Commissioners who are qualified to participate in the final decision;
   (H)   To prevent any person from discharging, expelling or otherwise discriminating against any other person because he or she filed a complaint or testified in any hearing before the Commission or in any way assisted the Commission in any matter under its investigation;
   (I)   To issue a temporary emergency order against any person requiring that person to do an act preserving the possibility of a remedy during the investigation or to refrain from doing an act damaging the possibility of a remedy during the investigation of the complaint. However:
      (1)   No emergency order shall be issued unless a time and place for hearing on temporary order is designated in the order;
      (2)   The hearing on the temporary emergency order shall be held within ten days following the issuance of the temporary order, unless continued by the Commission at the request of the respondent. At that hearing the complainant shall show that a failure to continue the temporary order would damage his or her remedy. The Commission shall thereupon weigh the comparative hardship to complainant and respondent and issue a decision continuing or terminating the temporary emergency order, pending final deposition of the complaint. If the respondent waives that hearing without prejudice to his or her defense of the matters charged in the complaint, the temporary order shall remain in effect pending final disposition of the complaint;
      (3)   The Commission may by rule provide for issuance of its temporary order and may compel compliance with any temporary order by bringing an action in the County Circuit or Superior Court for prohibitory or mandatory injunction upon showing that the person is subject to the Court’s jurisdiction, resides or transacts business within the city, the proceeding is brought and that the injunction is necessary to protect the complainant’s rights until his or her complaint is resolved through conciliation or public hearing;
   (J)   To reduce the terms of conciliation agreed to by the parties a written consent agreement, which the parties and a majority of the Commission shall sign. When so signed, the consent agreement shall have the same effect as a cease and desist order pursuant to subsection (L) below. If the Commission determines that a party to the consent agreement is not complying with it, the Commission may obtain enforcement of the consent agreement in the County Circuit or Superior Court upon showing that the party is not complying with the consent agreement, that the party is subject to the Commissions’s jurisdiction and resides or transacts business within the city;
   (K)   (1)   To hold hearings, administer oaths, take testimony of any person under oath, subpoena the attendance of witnesses and the production for examination of all pertinent documents and records relating to any matter under investigation or in question before the Commission, examine witnesses, appoint a hearing officer or panel, make findings and recommendations, issue cease and desist orders requiring remedial action and institute actions for appropriate legal or equitable relief in the County Circuit or Superior Court. The Commission shall make rules governing the issuance of subpoenas by individual commissioners. Contumacy or refusal to obey a subpoena or temporary emergency order issued under this subchapter shall be deemed an ordinance violation. Any person who commits such an ordinance violation shall, upon conviction, be fined as set forth in § 10.99.
      (2)   Each day any violation continues shall be deemed a separate offense. Any fines collected under this subchapter shall be deposited in the City General Fund. The payment of that penalty by a party shall not impair the ability of the Commission to grant affirmative relief and compensatory damages to the complainant, should justice so require.
   (L)   Enforcement:
      (1)   To state its findings of fact after hearing and, if a majority of the Commissioners who hear the case finds that a person has engaged in a discriminatory practice prohibited by this subchapter, the Commission shall cause to be served on the person an order requiring the person to cease and desist from that discriminatory practice and requiring that person to take further affirmative action necessary to effectuate the purpose of this subchapter;
      (2)   If unlawful employment discrimination is found, an order shall be issued requiring the respondent to take affirmative action, including, but not limited to hiring, reinstatement and upgrading of employees or persons deprived of employment, with or without compensatory or actual damages for the denial of equal opportunity to the complainant;
      (3)   If unlawful housing or acquisition of real property discrimination is found, an order may be issued requiring a respondent to take affirmative action, including, but not limited to renting, selling or leasing to a person deprived of equal opportunity. Compensation for the denial of equal opportunity shall be allowed within the discretion of the Commission;
      (4)   If unlawful public accommodation discrimination is found, an order shall be issued requiring respondent to take affirmative action, including, but not limited to providing services, goods or access to property, instatement to membership, reinstatement to membership, posting of notice that a facility is a public accommodation, with or without compensatory or actual damages for complainant’s being denied equal opportunity;
      (5)   If unlawful education discrimination is found, an order shall be issued requiring the respondent to take those remedial measures as are consistent with state law;
      (6)   If, upon all the evidence, the Commission shall find that a person has not engaged in any violation of this subchapter, the Commission shall state its findings of fact and shall issue and cause to be served on the complainant an order dismissing that complaint as to that person;
      (7)   Judicial review of any cease and desist order, other final order or other affirmative action or damages as referred to in this subchapter shall be obtained by appropriate action in the County Circuit or Superior Courts. The scope of review shall be in accordance with the provisions set out in I.C. 4-22-2, as amended. If no proceeding to obtain judicial review is instituted within 30 days from the receipt of notice by a person that the order has been made by the Commission, the Commission, if it determines that the person upon whom the cease and desist order has been served is not complying or is making no effort to comply, may obtain a decree of a court for the enforcement of that order in the County Circuit or Superior Court upon showing that the person is subject to the Commission’s jurisdiction and resides and transacts business within the city or may request the City Attorney, Commission Attorney or attorney representing to seek that enforcement;
   (M)   To conduct programs and activities within the city in furtherance of the purposes of the Commission provided for in this subchapter.
(1985 Code, § 22-9-1-12.1(d))  (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)