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The commission on human relations, with the approval of the city council, shall adopt suitable rules and regulations for the conduct of its operations and the effectuation of the purposes of this chapter.
(1957 Rev. Ords., § 2.1806; 1972 Code, § 13-26; 1992 Code, § 21.5-26) (Ord. 2700, passed 8-17-1970; Ord. 22-81, passed 3-16-1980)
The commission on human relations shall designate and appoint those additional committees as it may from time to time deem appropriate. The membership of the committees may consist of both members and nonmembers of the commission or may consist entirely of nonmembers of the commission. The committees shall assist and advise the commission in carrying out the objectives of this chapter.
(1957 Rev. Ords., § 2.1806 ; 1972 Code, § 13-27; 1992 Code, § 21.5-27) (Ord. 2700, passed 8-17-1970)
The commission on human relations shall:
(a) Seek to prevent and eliminate bias and discrimination because of race, color, sex, creed, religion, ancestry, national origin, familial status or disability by means of education, persuasion, conciliation and enforcement, and utilize all the powers at its disposal to carry into execution the provisions of this chapter;
(b) Conduct or direct a program of research and study for the purpose of ascertaining how the objectives of this chapter may best be attained and sustained;
(c) Disseminate the results of the research and studies;
(d) Advise the mayor, the city council and departments or agencies of government with respect to matters relating to the commission’s purposes;
(e) Cooperate with and seek to advise and coordinate the activities of persons or groups interested in the objectives of this chapter;
(f) Receive or, on the basis of its own information, initiate complaints alleging discrimination and conduct those investigations and inquiries as may reasonably appear necessary to find the facts with respect thereto;
(g) Conduct public meetings and hearings, gather and disseminate information to governmental agencies and to the public;
(h) Utilize the records and services of municipal, state and federal governmental departments and agencies to the extent permitted by law, and pursuant to agreement with departments and agencies may refer matters for preliminary inquiry, conciliation, hearings and findings;
(i) Furnish to any appropriate state or federal agency having jurisdiction in the premises a transcript of the proceedings and findings in any case in which a court of competent jurisdiction or the commission has, after hearings, found that any person has unlawfully discriminated; and
(j) Execute programs of compliance review designed to determine whether persons who contract with the city are observing the terms of this chapter; and to that end the commission shall have power to require the persons to submit periodic reports concerning hiring, compensation, promotion and discharge policies and the racial, religious, and national composition of their work forces as they shall deem necessary, and failure to provide the information shall constitute grounds for the city to revoke any contract in effect between the city and the person so failing to comply.
(1957 Rev. Ords., § 2.1806; 1972 Code, § 13-28; 1992 Code, § 21.5-28) (Ord. 2700, passed 8-17-1970; Ord. 52-73, passed 6-25-1973)
(a) Any person claiming to be aggrieved by a discriminatory practice may file with the commission on human relations a verified written complaint which shall state the name and address of each person complained against (respondent) and shall set forth the pertinent facts as known to the complainant. Whenever the commission has information indicating that any person has discriminated, it may issue and file a verified complaint.
(b) The city may, however, dismiss a complaint if the complainant fails to state a claim upon which relief can be granted or if the city determines the complaint has been abandoned or withdrawn.
(1957 Rev. Ords., § 2.1807 ; 1972 Code, § 13-29; 1992 Code, § 21.5-29) (Ord. 2700, passed 8-17-1970; Ord. 55-76, passed 6-21-1976; Ord. 89-01, passed 10-9-2001)
Promptly upon the filing of any complaint, the commission on human relations shall serve a copy thereof, by personal service or registered or certified mail, upon the respondent. Respondent shall file a written answer thereto within ten calendar days after receipt thereof or within any period of extension granted by the representative of the city as designated by the human relations commission.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-30; 1992 Code, § 21.5-30) (Ord. 2700, passed 8-17-1970; Ord. 52-73, passed 6-25-1973; Ord. 55-76, passed 6-21-1976; Ord. 22-81, passed 3-16-1980; Ord. 52-81, passed 6-15-1981; Ord. 53-88, passed 6-27-1988; Ord. 153-95, passed 12-18-1995)
(a) The commission on human relations shall proceed to make the investigation as it may deem appropriate to determine whether there is probable cause to believe that the allegations of discrimination are well founded. If there is no probable cause to believe that the allegations of discrimination are well founded, the commission shall dismiss the complaint. If, after investigation, it is found that probable cause to believe that the allegations of discrimination are well founded, the commission shall transmit the finding of probable cause, along with the reasons for the finding and a recitation of the evidence and names of witnesses that support the finding, to both complainant and respondent. Both complainant and respondent shall be permitted to inspect any documents not prepared by the commission in the files of the commission that are relevant to the determination of probable cause. If there is probable cause to believe that the allegations of discrimination are well founded, and the matter has not been satisfactorily resolved, the parties shall be served notice of the time and place of a conciliation conference by personal service or registered or certified mail at least five business days prior thereto.
(b) No later than 20 days after notice of the finding of probable cause and prior to hearing, the complaining party or the respondent may elect to have the claims asserted in the complaint decided in a circuit court in lieu of a hearing before the commission. Parties shall be notified of their right to this election in the notice of the finding of probable cause. Upon receipt of notice of election, the commission on human relations shall have no further jurisdiction over the parties concerning the charge filed. In a civil action, if a court or jury finds that an unfair or discriminatory practice has occurred, it may award the charging party compensatory damages. The court may grant as relief any injunctive order including affirmative action. Punitive damages may be awarded under SDCL 21-3-2 for a violation of this chapter as they pertain to housing. Attorney’s fees and costs may be awarded to the prevailing party for housing matters.
(1957 Rev. Ords., § 2.1807; 1972 Code, § 13-31; 1992 Code, § 21.5-31) (Ord. 2700, passed 8-17-1970; Ord. 55-76, passed 6-21-1976; Ord. 22-81, passed 3-16-1980; Ord. 51-91, passed 6-10-1991)
The conciliation conference shall be conducted by a representative of the city, who shall attempt to achieve a just resolution and obtain assurances that the respondent will eliminate unfair or discriminatory practices and take appropriate affirmative action. The settlement terms shall be set forth in a conciliation agreement which shall be signed by the complainant, respondent and the human relations commission chairperson.
(1957 Rev. Ords., § 2.1807 ; 1972 Code, § 13-32; 1992 Code, § 21.5-32) (Ord. 2700, passed 8-17-1970; Ord. 55-76, passed 6-21-1976; Ord. 22-81, passed 3-16-1980; Ord. 153-95, passed 12-18-1995)
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