Sec. 17-16. Record-keeping; posting requirement; powers.
   (a)   In connection with an investigation of a charge filed under this article, the commission or the OEOP shall have access at any reasonable time to premises, records and documents relevant to the charge and the right to examine, photograph and copy evidence. The commission or the OEOP may require a respondent against whom a charge has been filed to file a statement or report in writing, under oath, as to all the facts and circumstances concerning the alleged act of discrimination set forth in the charge.
   (b)   Every person subject to this article shall preserve any regularly kept business records for a period of six (6) months from the date of the making of the record; such records shall include but not be limited to application forms submitted by applicants, sales and rental records, credit and reference reports, personnel records, and any other records pertaining to the status of an individual's enjoyment of the rights and privileges protected or granted under this article.
   (c)   Every employer, employment agency, and labor organization, subject to this article, shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.
   (d)   No member of the commission or employee of the OEOP shall make public with respect to a particular person, without his/her consent, information obtained by them pursuant to their authority under this article, except as required by law or as necessary to the conduct of a proceeding under this article.
   (e)   To accomplish the objectives and to carry out the duties prescribed in this article, the commission or the OEOP, in addition to other powers conferred upon it by this article, may:
   (1)   Conduct informal hearings in aid of any investigation or inquiry;
   (2)   Administer an oath or affirmation to any person;
   (3)   Issue subpoenas, interrogatories, or other discovery devices, to any person, on its own initiative or upon application of any party to a proceeding, compelling the attendance and testimony of witnesses or requiring the production of documents, provided such evidence relates to a violation of this article and is relevant to the charge which is the subject matter of the investigation.
   (f)   Any person being investigated by the commission or the OEOP under this article shall have the right to be represented by counsel.
   (g)   If a person fails to respond to a subpoena, to interrogatories, to permit access, examination, photographing or copying, or fails to make, keep, or preserve records in accordance with this article, the commission or the OEOP may issue an order requiring compliance. Upon a failure to comply with the order of the commission or the OEOP, or to obey a subpoena issued by the commission or the OEOP, the commission or the OEOP may apply to the city attorney's office for assistance. The city attorney is empowered to take all necessary action in the appropriate court, upon request of the commission or the OEOP, to secure the production of all records, documents or other evidence necessary to assist the commission or the OEOP in carrying out the provisions of this article. The city attorney is also empowered to seek fines as described in section 17-14 for civil infractions arising under this article.
(Ord. No. 5472, § 3, 12-14-81; Ord. No. 6461, §§ 4--7, 7-7-86; Ord. No. 9199, § 3, 2-1-99; Ord. No. 10375, § 5, 2-21-07)