(A) As allowed by I.C. 22-9-1-12.1(c), and related statutes, NDPRC shall have the power to:
(1) Investigate, conciliate, and hear complaints. Complaints must be signed and properly verified by the individual who alleges a discriminatory action against her or him (or by such person’s legal guardian), and include the complainant’s and any aggrieved person’s full name and address, and be filed with NDPRC within 90 days after the alleged discriminatory act is committed. Such complaint must state the alleged discriminatory practice, the name and address of the person, association or corporation alleged to have committed a discriminatory act in such complaint, the acts or omissions comprising the alleged discriminatory act(s), the date(s) of the alleged acts, and a list of any other administrative or legal action known to be pending or planned to be filed regarding the same act(s). Complaints alleging discrimination in private employment matters may not be filed with the NDPRC. Notwithstanding, an individual may file a complaint against a private employer alleging a discriminatory act precluding him/her from being fairly considered for employment with the private employer. Complaints alleging discrimination in public employment may not be filed until a complainant employee has exhausted all internal complaint and resolution matters with the employer, utilizing the employer’s policies and procedures; however, the 90 day filing period begins to count on the day of the last action taken by the employee under such policy;
(2) Subpoena and compel the attendance of witnesses or production of pertinent documents and records;
(3) Administer oaths;
(4) Examine witnesses;
(5) Appoint hearing examiners or panels;
(6) Make findings and recommendations;
(7) Issue cease and desist orders or orders requiring remedial action;
(8) Order payment of actual damages, except that damages to be paid as a result of discriminatory practices relating to employment shall be limited to lost wages, salaries, commissions or fringe benefits;
(9) Impose fines, maximum amount of which may be imposed per offense or violation are limited herein;
(10) Propose rules and regulations to the Town Executive or Town Council;
(11) Ensure that employers, labor organizations, employment agencies, property owners, real estate brokers, builders, and lending institutions are protected from unfounded charges;
(12) Initiate complaints, except that no person who initiates a complaint may participate as a member of the agency in the hearing or disposition of such complaint; and
(13) May conduct programs and activities to carry out the public policy of the state, as provided in I.C. § 22-9-1-2, within the territorial boundaries of Zionsville.
(B) NDPRC review of an action is at the discretion of the Chair. No action by the NDPRC or lack thereof creates a private right of action against the NDPRC or the town.
(Ord. 2015-09, passed 7-7-2015)