(a) Filing of Complaint. A person may allege that a violation of any of the provisions of Section 624.05 has occurred, or that a violation will occur and cause irrevocable injury, by filing with the Human Relations Commission, within 180 calendar days of the alleged violation, a written verified complaint setting forth his or her grievance. Any complaint initiated by the Commission shall be signed by its Chairperson or, in the absence of its Chairperson, by its Vice Chairperson. The complaint shall state, on a printed form made available by the Commission, the name and address of the complainant, the name and address of the person alleged to have committed the violation and the particular facts thereof and such other information as may be required by the Commission. A complaint may be amended at any time.
(b) Fees. No fee shall be charged for the filing, investigation, conciliation or adjudication of any complaint.
(c) Notification of Respondent. Within ten calendar days after a complaint has been received or initiated by the Commission, the Administrator shall serve, or cause to be served, in person, or by certified mail, a copy of the complaint on the person alleged to have violated any of the provisions of Section 624.05 (hereinafter referred to as "respondent").
(d) Investigation of Complaint. Within thirty calendar days after a complaint has been received or initiated by the Commission, the Administrator shall conduct an investigation of the complaint and shall determine either that:
(1) There are not reasonable grounds to believe that such a violation has occurred, and shall then dismiss the complaint by preparing a written notice of dismissal, including the reason therefor, and notify the parties of the dismissal, within ten days, by serving a copy of the notice of dismissal by certified mail on the parties. The notice of dismissal shall advise the complainant of his or her right of appeal under this section. Within twenty days of receipt of the notice of dismissal, the complainant may appeal by filing a written request with the Commission for review of the complaint. By a majority vote, the Commission may overrule the dismissal and proceed with the conciliation process provided for in subsection (e) hereof.
(2) There are reasonable grounds to believe that such a violation has occurred, in which case the Administrator shall then proceed with the conciliation process provided for in subsection (e) hereof.
(e) Conciliation. If it has been determined under subsection (d) hereof that conciliation is appropriate, the Commission shall:
(1) Notify the complainant and respondent of the time, place and date of the conciliation at least ten days prior thereto, and both parties shall appear at the conciliation conference in person or by attorney; and
(2) Attempt to resolve the complaint by methods of conference, conciliation and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and may be closed to the public, and nothing said or done during such conferences shall be made public unless the parties agree thereto in writing. The terms of conciliation agreed to by the parties shall be reduced in writing and incorporated into a consent agreement to be signed by the parties. Consent agreements shall be signed on behalf of the Commission by its Chairperson.
If the complaint has not been resolved by conciliation within sixty calendar days after it has been received or initiated by the Commission, the Administrator shall report the circumstances to the Commission and then refer the complaint to the Commission for an adjudicative hearing, pursuant to subsection (g) hereof.
(f) Injunctive Relief. At any time after the Administrator has determined, pursuant to paragraph (d)(2) hereof, that there are reasonable grounds to believe that a violation of any of the provisions of Section 624.05 has occurred, the Administrator may petition the appropriate court for temporary relief, pending final determination of the proceedings under this chapter, including an order or decree restraining the respondent from doing or causing any act which would render ineffectual any order or action by the Commission, but only upon first obtaining the approval of such action from the corporate authorities.
(g) Scheduling and Conducting of Hearings. Within forty-five calendar days after the Administrator refers a complaint to the Commission, pursuant to subsection (e) hereof, the Commission shall, upon due and reasonable notice to all parties, conduct a hearing on the complaint. Parties to the hearing shall be the complainant, the respondent and such other persons as the Commission may deem appropriate. The hearing shall be open to the public. At least ten days before the hearing, the Commission shall serve upon the respondent a statement of charges and a summons requiring the attendance of named persons and the production of relevant documents and records. The parties may apply to the Commission to have subpoenas issued in the Commission's name. Failure to comply with a summons or subpoena shall constitute a violation of this chapter. The parties may file such statements with the Commission as they deem necessary. No fewer than three of the same members of the Commission must be present at all times during the hearing. The parties may appear before the Commission in person or by duly authorized representative, and may be represented by legal counsel. The parties shall have the right to present and cross-examine witnesses, and all testimony and evidence shall be given under oath or by affirmation. The Commission shall make a written record of the hearing, a copy of which shall be available for public inspection and be provided to any person upon request and payment of reproduction costs.
(h) Hearing Decisions. Only those members of the Commission who have attended all hearings on a complaint shall participate in the determination of the complaint, and for such purposes the Commission may hold closed meetings. Within fifteen days of the close of the hearing, the decision shall be rendered, at a meeting open to the public, in the form of a written decision which shall include findings of fact, a statement as to whether or not the respondent has violated any of the provisions of Section 624.05 and such remedial actions as the Commission may recommend pursuant to subsection (i) hereof. The advisory decision shall be rendered within fifteen days of the public meeting and shall be served on all interested parties by certified mail. The decision shall be posted for public inspection, and a copy shall be provided to any person upon request and payment of reproduction costs. The decision shall also be made available to the corporate authorities.
(i) Post-Hearing Recommendations and Actions.
(1) If the Commission finds, under subsection (h) hereof, upon the preponderance of the evidence, that the respondent has not violated any of the provisions of Section 624.05, it shall recommend to the corporate authorities the dismissal of the complaint.
(2) If the Commission finds, upon the preponderance of the evidence, that the respondent has violated any of the provisions of Section 624.05, it shall recommend a fine to the corporate authorities, pursuant to Section 624.99, and further recommend that the corporate authorities take such further remedial action as it deems appropriate, which may include, but need not be limited to:
(3) Directing the respondent to cease and desist from violations of any of the provisions of Section 624.05 and to take such affirmative steps as necessary to effectuate the purposes of this chapter;
(4) Initiating an appropriate court action for the enforcement of Section 624.05 and for such other or further relief as the court may deem appropriate, including, but not limited to, injunctive relief, compensatory damages, punitive damages and/or attorneys' fees and costs for award to the complainant;
(5) Initiating proceedings for violation of Federal or State law and/or regulations;
(6) Initiating proceedings with any contracting agency, in the case of any such violation by the respondent in the course of performing under a contract or subcontract with the State or any political subdivision or agency thereof, or with the United States or any agency or instrumentality thereof, for the purpose of causing a termination of such contract or any portion thereof, or obtaining other relief;
(7) Initiating proceedings with the Illinois Department of Registration and Education or any other agency to revoke, suspend or refuse to renew the license of any person found to have violated any of the provisions of Section 624.05;
(8) Directing the respondent to reimburse the complainant for his or her actual and reasonable expenses incurred and to be incurred as a result of each violation found, including, but not limited to, expenses for moving and temporary storage of household furnishings, additional expenses in connection with the purchase or rental of a dwelling for alternative accommodations and reasonable attorneys' fees and costs; and/or
(9) Directing the respondent to comply with such other or further relief as the corporate authorities may deem appropriate for the enforcement of Section 624.05.
(10) The decision of the Commission shall be advisory and for review by the corporate authorities. No action may be taken on the decision of the Commission covering any of the actions enumerated in paragraph (i)(2) hereof until the corporate authorities have received the decision of the Commission for review pursuant to subsection (j) hereof.
(j) Review of Commission Decision.
(1) Within forty days or sooner, the corporate authorities shall review the record, the decision and the findings of the Commission and either affirm, reverse or modify the decision or remand the decision back to the Commission for further hearing or for further information as the corporate authorities may deem appropriate.
(2) Any review of an advisory decision of the Commission shall be limited to the review of the record, the findings of fact made by the Commission and the laws applicable to the Commission's decision.
(3) The corporate authorities may direct the Village Attorney to commence action in a court of competent jurisdiction to recover any penalty assessed and to secure such other equitable or legal relief as the corporate authorities may direct.
(4) The decision or order of the corporate authorities, once rendered upon such review procedure, shall be final and shall be served on all interested parties by certified mail. The decision shall be posted for public inspection, and a copy thereof shall be provided to any person upon request and payment of reproduction costs.
(k) Appeals. A person who is found by the Commission to have violated any of the provisions of Section 624.05, or any other provision of this chapter, within thirty-five days following the final order of the corporate authorities to take action as provided in paragraph (i)(2) hereof, may apply for administrative review of such order before a court of competent jurisdiction.
(Ord. 641. Passed 4-23-84.)