§ 86-16. Hearing procedure; conciliation; orders.

(a)

In connection with the filing of such a complaint, the commission is authorized to take proof, issue subpoenas pursuant to section 86-11, and administer oaths in the manner provided in all applicable administrative laws, regulations and rules. Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with the provisions of this article, may file with the commission a verified complaint asking for assistance by conciliation or other remedial action.

(b)

If the commission shall determine after an investigation that the evidence does not support the allegations of the complaint that the person named in the complaint, hereinafter referred to as the respondent, has engaged or is engaging in a prohibited or unlawful discriminatory practice, the commission shall issue and cause to be served on the complainant an order dismissing such allegation of such complaint as to such respondent. The complainant may, within 30 days of such service, apply to the council for consideration of such action of the commission. Upon such application, the council may review such action and determine whether the evidence supports the allegations of the complaint and accordingly shall enter an order affirming, reversing or modifying the determination of the commission or remanding the matter for further investigation and action, a copy of which order shall be served upon the complainant.

(c)

If the commission, after investigation, shall determine that the evidence supports the allegations of the complaint, or if the council, after consideration, shall determine that the evidence supports the allegations, the commission shall immediately endeavor to eliminate such prohibited acts or unlawful discriminatory practice by proceeding in the following manner:

(1)

If in the judgment of the commission circumstances so warrant, it may endeavor to eliminate such prohibited or unlawful discriminatory practice by conference, conciliation and persuasion, resulting in a conciliation agreement. The terms of such conciliation agreement shall include provisions requiring the respondent to refrain from the commission of unlawful discriminatory practices in the future and may contain such further provisions as may be agreed upon by the commission and respondent, including a provision for the entry in court of a consent decree embodying the terms of the conciliation agreement.

(2)

Any conciliation agreement arising out of conciliation efforts by the commission shall be an agreement between the respondent, the complainant, and the commission and shall require the approval of the commission. Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the commission determines that disclosure is not required to further the purposes of the law or ordinance.

(3)

In case of failure to eliminate the unlawful discriminatory practice complained of, or in advance thereof as determined by the commission, it shall cause to be issued and served in the name of the commission a written notice, together with a copy of such complaint, as the same may have been amended, requiring the respondent or respondents to answer the charges of such complaint at a hearing before a hearing officer designated by the executive director, at a time and place to be fixed by the executive director, and specified in such notice. The place of any such hearing shall be the office of the commission or such other place as may be designated in the notice. The case in support of the complaint shall be presented before the commission by the executive director or another representative designated by the executive director. Endeavors at conciliation by the commission shall not be received in evidence. The respondent may file a written verified answer to the complaint and appear at such hearing in person or otherwise, with or without counsel, and submit testimony. The complainant shall have the power to make reasonable amendments of the complaint, and the respondent shall have like power to make reasonable amendments of his answer. The commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and shall be recorded in an electronically stored video and/or audio format and may be transcribed at the expense of any person who desires a transcript. Any party may cause the hearing to be recorded by a certified court reporter at his own expense.

(4)

If, upon all the evidence at the hearing, the commission, or such hearing officer as may have been designated, shall find that a respondent has engaged in any unlawful discriminatory practice prohibited in this Code, the commission shall state its findings of fact and shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful discriminatory practice and to take such affirmative action as described in section 86-17 of this chapter. If, upon all the evidence, the commission shall find that a respondent has not engaged in any such unlawful discriminatory practice, the commission shall state its finding of fact and shall issue and cause to be served on the complainant an order dismissing the complaint as to such respondent. A copy of the order shall be delivered to the complainant, the respondent, the city attorney, and such other public officers and persons as the commission deems proper.

(M.C.S., Ord. No. 19,278, § 1, 6-17-99)