(A) Any person aggrieved by discriminatory practice prohibited by this chapter may file with theBoard a complaint in writing, under oath. The complaint shall be signed by the person claiming to be aggrieved, and shall state the name and address of the person alleged to have violated the provisions of this chapter, and shall further set forth the particulars of the violation, and may include such other information as may be required by the Board. Complaints filed under this section must be filed within 30 days after the alleged violation, and failure to file within said time, shall be considered a waiver of the application of this chapter. The Board may issue a complaint on its own initiative, at any time it is within the knowledge of the Board that a person has violated any of the provisions of this chapter.
(B) (1) The Board shall investigate each complaint filed with the Board, and shall attempt an adjustment of the complaint by means of conference and conciliation. Sixty days shall be allowed for the purpose of investigation, conference and conciliation.
(2) Upon determination that a complaint is not well founded, the Board shall dismiss the complaint and notify the complainant and respondent in writing of the dismissal. If the Board takes no action within 90 days of the filing of the complaint, it shall be considered as dismissed.
(C) If conference or conciliation does not result in compliance with this chapter, the Board shall cause to be issued and served in the name of the town a written notice, together with a copy of the complaint, requiring the person named in the complaint, hereinafter referred to as respondent, to answer charges of the complaint at a hearing before the Board at a time and place to be specified in the notice.
(D) (1) At the hearing, provided for in division (C) above, the complaint shall be heard by the Board. At the hearing, the complainant or person aggrieved may appear in person or by counsel, and the respondent may file a written answer to the complaint and may appear in person or by legal counsel. The Board, when conducting any hearing pursuant to this section, may permit amendments to any complaint or answer, and the testimony taken at the hearing shall be under oath, and shall be transcribed at the request of either party, or at the direction of the Board.
(2) If the Board finds at the hearing that the respondent has engaged in any discriminatory practice or practices prohibited by this chapter, it shall state its findings of fact, and shall so certify the matter to the Town Attorney for appropriate action. No prosecution shall be brought under this chapter, except upon such certification.
(3) If the Board, upon hearing, finds that respondent has not engaged in any discriminatory practice, it shall state its findings of fact and shall issue and file an order dismissing the complaint. The Board shall establish rules and regulations to govern and expedite and effectuate the foregoing procedure, and shall maintain the files provided for herein.
(Prior Code, § 5-806) (Ord. 406, passed 2-1-1978)