§ 12-4-21. Hearings; decisions.

(a)

Before the commission can hold a hearing or render a decision under this section relating to a violation of this chapter, it is necessary that:

(1)

a complaint shall have been filed under section 12-4-16 alleging the violation;

(2)

a determination shall have been made under this chapter that probable cause exists for the complaint; and

(3)

the applicable conciliation provisions of this chapter relating to the complaint shall have been complied with.

(b)

In the event that a signed conciliation agreement is not reached within 30 days from the determination of probable cause on a complaint filed by a complainant, or within 30 days of the filing of a complaint by the director, or within such additional time as the commission may allow, the director shall promptly notify the commission, and the commission shall thereupon schedule a public hearing as soon as possible to determine if a violation of this chapter has been committed. The commission shall prior to any hearing verify that each party to the proceeding has received a copy of the complaint and any amendments thereto. Notice of the time and place of hearing shall be served on each respondent and complainant no later than two weeks prior to the date of the hearing. In cases in which there is more than one respondent, the commission shall schedule a hearing for all respondents named in the complaint, but may upon request or on its own motion schedule separate hearings for each respondent. Complainants shall appear at the hearing in person and may be accompanied by an attorney. Each party respondent may appear at the hearing in person or by a duly authorized representative including an attorney. Each party may present testimony and evidence. Each party shall have the right to cross-examine. The human rights director shall cause a qualified reporter or stenographer to be present throughout the hearing or shall provide a voice recording device, and shall record the proceedings. Upon direction of the commission, part or all of the proceedings shall be transcribed. Any transcription shall be public and open to inspection by any person. All testimony shall be taken under oath administered by the chairperson or his or her representative.

(c)

Within 30 days of the conclusion of the public hearing, the commission shall determine whether the respondent has violated any provision of this chapter, shall announce in public the determination it has reached, and shall cause the determination to be recorded in the minutes of its proceedings.

(d)

If the commission determines, upon a preponderance of the evidence, that the respondent has violated any provision of this chapter, the commission shall:

(1)

not later than 30 days after announcing its determination, issue a written decision containing:

(i)

its determination;

(ii)

the facts upon which the determination is based;

(iii)

an order requiring the respondent to undertake specified actions designed to bring respondent into compliance with this chapter and stating the date or dates by which the respondent shall demonstrate to the commission that it has undertaken these actions;

(iv)

recommendations, if any, regarding the relief, that the respondent should provide any complainant and/or other persons injured by respondent's violation of this chapter, and the date or dates by which the respondent shall demonstrate to the commission that it has implemented these recommendations; and

(v)

recommendations, if any, to the city manager regarding the levying of civil penalties against the respondent under section 12-4-24.1.

(2)

cause a copy of its decision to be served on each respondent and complainant.

(3)

designate appropriate parts of the hearing to be transcribed for the public record at the cost of the city.

(4)

permit the complainant or each respondent to obtain copies of any part or all of the transcript of the proceedings at his or her cost. For good cause, the commission may waive the requirement that the complainant or respondent must pay for the transcripts.

(e)

If the commission determines, upon the preponderance of the evidence, that the respondent has not violated any provision of this chapter, the commission shall, not later than 30 days after announcing its determination, issue a written decision containing its determination and the facts upon which the determination is based, and shall cause its decision to be served on each respondent and complainant. The case shall then be closed and no further action shall be taken by the commission in the matter. (Code 1963, Sec. 18A-21; Ord. No. 3128, 5/17/86, Sec. 8; Ord. No. 3850, 3/23/96, Sec. 12; Ord. No. 4549, 6/14/08, Sec. 17; Ord. No. 5126, 4/14/18, Sec. 1)