(A) Any person subject to an unlawful housing practice or an unlawful discriminatory employment or public accommodation practice may file, within 180 days of the alleged violation, with the Commission, a complaint, in writing, sworn to or affirmed, which shall state the name and address of the person alleged to have committed the violation complained of and the particulars thereof, and such other information as may be required by the Commission.
(B) Upon the filing of the complaint, the Commission shall make such an investigation as it deems appropriate to ascertain facts and issues. If the Commission determines that there are reasonable grounds to believe a violation has occurred, it shall attempt to conciliate the matter by methods of initial conference and persuasion with the interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during such initial conferences shall be made public by the Commission or any member of the Commission or its staff unless the parties agree thereto in writing.
(C) The terms of the conciliation agreed to by the parties shall be reduced to writing and incorporated into a consent agreement to be signed by the parties, which agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated. Consent agreements shall be signed on behalf of the Commission by its Chairperson.
(D) The Commission is authorized to seek the cooperation and aid of the State Real Estate Board or the State Civil Rights Commission in any investigation under § 33.31.
(E) If the Commission determines that the complaint lacks reasonable grounds upon which to base a violation of § 33.31, the Commission may, in its discretion, dismiss such complaint or order such further investigation as may be necessary, provided that the Commission shall not dismiss such complaint without first affording the complainant an opportunity to appear before the Commission.
(F) (1) If the Commission, with respect to a matter which involves a violation of § 33.31, fails to conciliate a complaint after the parties have in good faith attempted such conciliation, fails to effect an informal conciliation agreement or a formal consent agreement or determines that the complaint is not susceptible of conciliation, the Commission shall thereafter schedule a public hearing to determine whether a violation of § 33.31 has been committed.
(2) The Commission shall serve upon the respondent a statement of charges and summons and shall serve upon all interested parties a notice of the time and place of hearing. The respondent, or his or her authorized counsel, may file such statements with the Commission prior to the hearing date it deems necessary in support of its position.
(3) (a) The hearing shall be open to the public except that the respondent may request, in writing, a private hearing; the determination of such request shall be discretionary with the Commission. The hearing shall be held not less than 15 days after service of the statement of charges and summons.
(b) The summons so issued must be signed by two members of the Commission and the issuance of such summons shall require the attendance of the named persons and the production of relevant documents and records.
(4) The failure to comply with a summons shall constitute a violation of § 33.31. Interested parties may, at their option, appear before the Commission in person or by duly authorized representatives and may have the assistance of an attorney.
(5) (a) The parties may present testimony and evidence, and the right to cross- examine witnesses shall be preserved. All testimony and evidence shall be given under oath or by affirmation.
(b) The Commission shall keep a full record of the hearing, which record shall be public and open to inspection by any person and, upon request by any principal party to the proceeding, the Commission shall furnish such party a copy of the hearing record, if any, at such cost as the Commission deems appropriate.
(G) If, at the conclusion of the hearing, the Commission shall determine upon the preponderance of the evidence that the person complained against has violated § 33.31, the Commission shall, after consultation with the City Attorney in executive session, state its findings to and cause the City Attorney to prepare and issue an order under Commission directive requiring the person complained against to cease and desist from such unlawful conduct, with notice that if the Commission determined that the person complained against has not, after 15 calendar days following service of the Commission’s order, complied with the order, the Commission will recertify the matter to the City Attorney for enforcement through whatever legal and appropriate channels as may be necessary.
(H) If, at the conclusion of the hearing, the Commission shall determine upon the preponderance of the evidence of the record that the person complained against has not violated § 33.31, the Commission shall state and publish its findings and issue its order dismissing the complaint.
(Prior Code, § 3.07.13)