§ 12-4-15. Powers and duties of the human rights commission.

(a)

Powers and duties. The commission shall administer the provisions of this chapter as stated above and shall have the following powers and duties:

(1)

Receive complaints alleging actions or conduct that are unlawful under this chapter, as well as grievances alleging other actions or conduct that constitute discrimination where the complainant is only seeking the commission's good offices to conciliate.

(2)

Utilize methods of persuasion, conciliation and mediation or informal grievances; hold public hearings; and, in the case of complaints alleging actions or conduct that are unlawful under this chapter, make findings of fact, issue orders and make recommendations pursuant to section 12-4-21, and make public the findings, orders and recommendations.

(3)

Conduct studies and hold public hearings on discrimination against persons with a physical or mental disability, in concert with the commission on persons with disabilities and the Alexandria Community Services Board, to explore local legislative proposals in the areas of employment, credit, education, health and social services, public accommodations and housing.

(4)

Conduct studies and hold hearings on social conditions that may cause discrimination on the basis of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation, gender identity, transgender status or disability that is prohibited by this chapter. Gather and disseminate reliable information by issuing publications and reports of studies and research relating to such discrimination.

(5)

Institute and conduct educational and informational programs with wide sectors of businesses, unions, professions, agencies and organizations to promote equal rights and opportunities for all persons and to promote understanding among persons and groups of different races, colors, sexes, religions, ancestries, national origins, marital statuses, familial statuses, ages, sexual orientations, gender identities, transgender statuses or disabilities.

(6)

Reserved.

(7)

Review the city's diversity and inclusion program and the performance of the city government, its contractors and subcontractors in employment policies and practices as they may relate to discrimination because of race, color, sex, religion, ancestry, national origin, marital status, sexual orientation, gender identity, transgender status age or disability. The commission shall report its findings to the city manager and city council.

(8)

Establish, administer or review programs at the request of the city council or the city manager and make reports on these programs to the city council and city manager.

(9)

Conduct studies and hold public hearings on policies and practices of public educational institutions with respect to discrimination on the basis of race, color, sex, religion, ancestry, national origin, sexual orientation, gender identity, transgender status or disability that is prohibited by this chapter, and of public health and social service agencies with respect to discrimination on the basis of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability that is prohibited by this chapter, and bring to the attention of the appropriate policy-making body and chief director problems that require notice or action to resolve.

(10)

Bring to the attention of the city manager items that require city manager or city council notice or action to resolve.

(11)

Conduct studies and hold public hearings on policies or practices that cause or may be caused by a pattern or practice of discrimination.

(12)

Render to city council and the city manager annual written reports of its activities under the provisions of this chapter along with such comments and recommendations as it may choose to make.

(13)

Cooperate with and render technical assistance to federal, state, local and other public or private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate the unlawful discriminatory practices covered by the provisions of this chapter.

(14)

With the approval of the city council, accept grants from federal, state, local and other public or private agencies, organizations and institutions, including but not limited to foundations, colleges and universities.

(15)

Make use of uncompensated services of public agencies and private organizations as may from time to time be offered and needed to perform advisory and research duties.

(16)

As far as it is practicable, the services, including advisory and consultative services of all city departments, agencies, boards and commissions shall be made available to the commission for the purpose of carrying out the functions, powers and duties herein set forth, and with the approval of the city manager, the heads of such departments or agencies shall furnish to the commission any information in the possession of the departments or agencies as is relevant to the duties of the commission and which the commission, by written communication, may require. This includes the use of counsel from the office of the city attorney to aid in the conduct of its investigations and hearings.

(17)

Establish panels of up to three members to conduct confidential hearings on pending complaints that have been identified by the director. As to such complaints, a panel may advise the director on whether (i) probable cause exists to believe unlawful discrimination has occurred, (ii) the time for the investigation should be extended, (iii) a public hearing should be scheduled, (iv) subpoenas should be obtained, and (v) a plan of settlement should be proposed to the parties.

(b)

Subpoenas. In the course of any investigation of a complaint under this chapter or in any hearing held by the commission in accordance with section 12-4-18 or section 12-4-21 of this chapter, the commission, by majority vote of those members present, may apply to the appropriate circuit court for a subpoena or subpoena duces tecum to compel the attendance and testimony of witnesses and the production of evidence; provided, that, at the time it votes to apply to the court, the commission shall have grounds to believe that unlawful discrimination has occurred, shall have made a good faith effort to obtain the data and other information necessary to determine whether such discrimination has occurred, and shall have been unable to obtain such data and information on a voluntary basis. At least five days prior to applying for a subpoena, the commission shall notify the city manager of its intention to apply for the subpoena and its reasons for doing so. The judge of the circuit court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena.

(c)

Funds. In the exercise of its powers and the performance of its duties the commission shall not expend funds in excess of those appropriated to it by the city council and those received by it from approved grants. (Code 1963, Sec. 18A-15; Ord. No. 2517, 10/14/80, Sec. 12; Ord. No. 3231, 6/24/87, Sec. 2; Ord. No. 3498, 2/23/91, Sec. 11; Ord. No. 3729, 6/18/94, Sec. 3; Ord. No. 3850, 3/23/96, Sec. 8; Ord. No. 4549, 6/14/08, Sec. 11; Ord. No. 5126, 4/14/18, Sec. 1; Ord. No. 5258, 12/14/19, Sec. 1)