Chapter 7.32
COMPLAINTS, CONCILIATION, HEARING PROCEDURES
Sections:
7.32.030 Injunctive temporary relief.
7.32.050 Complainant response.
7.32.080 Hearing on complaint.
7.32.010 Complaint.
A. Any person aggrieved in any manner by a violation of this title may file with the administrator a written verified complaint setting forth his or her grievance within one year after the date of the alleged violation. The complaint shall state, on a printed form provided by the human relations commission, such detail as to substantially apprise any party properly concerned as to the time, place and facts surrounding the alleged violation of this title.
B. A complaint may be filed against any person alleged to be engaged, to have engaged, or about to engage in a discriminatory housing practice.
C. A complaint may also be filed against any person who directs or controls, or has the right to direct or control, the conduct of another person with respect to any aspect of the sale, rental, advertising or financing of dwellings or the provision of brokerage services relating to the sale or rental of dwellings if that other person, acting within the scope of his or her authority as employee or agent of the directing or controlling person, is engaged, has engaged, or is about to engage, in a discriminatory housing practice. (Ord. 94-23 § 1, 1994)
7.32.020 Notice of complaint.
A. Within ten calendar days after a complaint has been received or initiated by the administrator, the human relations commission administrator shall serve or cause to be served, either in person or by certified mail, a copy of said complaint on the person alleged to be in violation of this title, hereinafter referred to as the respondent.
B. The administrator shall also, within ten days of the date on which the complaint was filed, send written notice to the complainant informing the complainant of his or her option to file a complaint with the United States Department of Housing and Urban Development (HUD), the Illinois Human Rights Department, federal or state courts, including the dates within which the complainant may exercise such options. (Ord. 94-23 § 1, 1994)
7.32.030 Injunctive temporary relief.
A. At any time after a complaint is filed and determined to constitute a violation of this title, the human relations commission administrator, upon direction by the human relations commission, may petition the appropriate court for temporary relief, pending final disposition of the proceedings under this title, including an order or decree restraining the respondent from doing or causing any act which would render ineffectual a recommendation with respect to the complaint. Such petition shall contain a certification by the administrator that the particular matter presents exceptional circumstances in which irreparable injury will result from a violation of this title in the absence of temporary relief.
B. The petition shall be filed in the circuit court for the county in which the respondent resides or transacts business or in which the alleged violation took place.
C. When the petition is based upon a civil rights violation as defined in this title, any relief or restraining order entered by the court shall not exceed five days unless:
1. A longer period is agreed to, in writing, by the respondent; or
2. The court finds that there is substantial evidence to demonstrate that the respondent has engaged in violations of this title. (Ord. 95-8 §§ 10, 11, 1995; Ord. 94-23 § 1, 1994)
7.32.040 Respondent response.
A. The respondent shall serve a verified copy of his or her response to all allegations contained in the complaint within ten calendar days of the date on which respondent was served a copy of the complaint.
B. The administrator shall issue a notice of default directed to any respondent who fails to file a verified response to a complaint within ten calendar days of the date on which the complaint was served, unless the respondent can demonstrate good cause as to why such notice should not be issued. (Ord. 94-23 § 1, 1994)
7.32.050 Complainant response.
Within ten calendar days of the date he receives the respondent’s response, the complainant may file his reply to said response. If he chooses to file a reply, the complainant shall serve a copy of said reply on the respondent or his representative. A party shall have the right to supplement his response or reply at any time that the investigation of the complaint is pending. (Ord. 94-23 § 1, 1994)
7.32.060 Investigation.
A. The human relations commission shall order a prompt investigation of the complaint, completing such an investigation within one hundred calendar days after the filing of the complaint.
B. Unless it is impossible to do so, upon review of the report, and within one hundred calendar days after the filing of the complaint, the human relations commission shall determine whether there is substantial evidence that the alleged ordinance violation has been committed or is about to be committed.
C. If the human relations commission is unable to make the determination within one hundred calendar days after the filing of the complaint, the administrator shall notify the complainant and respondent in writing of the reasons for not doing so.
D. If the human relations commission determines that there is no substantial evidence, the complaint shall be dismissed, the reason for the dismissal shall be set forth in writing and served upon the complainant and respondent(s), and the complainant notified that he or she may seek review of the dismissal order before the fair housing review board. The complainant shall have thirty calendar days from receipt of notice to file a request for review by the fair housing review board. The fair housing review board shall:
1. Uphold the finding of insubstantial evidence, or
2. Reverse the finding of insubstantial evidence and remand the complaint for conciliation.
E. If the human relations commission determines that there is substantial evidence it shall immediately notify the parties and schedule a conciliation meeting. (Ord. 95-8 § 12, 1995; Ord. 94-23 § 1, 1994)
7.32.070 Conciliation.
A. During the period beginning with the filing of a complaint and ending with a dismissal or referral to the fair housing review board, the human relations commission shall, to the extent feasible, engage in conciliation with respect to such complaint.
B. If the human relations commission determines:
1. That conciliation is feasible, the chairman of the commission shall appoint a panel, comprised of three members of the commission. The panel shall then set a time and date for a meeting, and both the complainant and respondent shall be notified of the time and place of the conciliation meeting by registered mail at least seven calendar days prior thereto and both parties shall appear at the meeting in person or by attorney. At such meeting, the panel or any member thereof shall interview the complainant and the person or person against whom the complaint has been directed and shall attempt to resolve the complaint by all proper methods of conciliation and persuasion. The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Arbitration may award appropriate relief as provided for in this title. The aggrieved person and the respondent may in the conciliation agreement limit the types of relief that may be awarded under binding arbitration. If at any time within sixty days after the date of filing of the complaint, such panel shall determine that such attempts at conciliation would not be in furtherance of the objectives of this chapter, the administrator shall report same to the commission, and transfer the complaint to the fair housing review board.
2. That attempts at conciliation would not further the objectives of this title, or that the complaint cannot be resolved by conciliation, the human relations commission shall report and transfer the complaint and findings to the fair housing review board.
C. The human relations commission shall attempt by all accepted methods of conciliation and lawful persuasion to resolve the grievance delineated in the complaint.
D. Nothing occurring at the conciliation meeting shall be made public or used as evidence in a subsequent proceeding for the purpose of providing a violation under this title unless the complainant and respondent agree in writing that such disclosure be made.
E. An agreement arising out of such conciliation shall be treated as a settlement pursuant to RMC 7.32.100.
F. A conciliation may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award relief as provided for in this title. (Ord. 94-23 § 1, 1994)
7.32.080 Hearing on complaint.
A. Within fifteen days of receiving a complaint from the human relations commission, the fair housing review board shall, upon due and reasonable notice to all parties, schedule a public hearing on the complaint. The public hearing shall be scheduled no sooner than thirty days from the date of the notice, nor later than sixty days from the date of the notice.
B. All parties shall be entitled to be represented by legal counsel, and shall have the right to call witnesses in their own behalf and to cross-examine witnesses. All parties to the proceeding may apply to the fair housing review board to have subpoenas issued in the name of the fair housing review board. The issuance of said subpoenas shall be in accordance with rules as established by the Illinois Supreme Court regarding same. Testimony taken at the conference/hearing shall be under oath or affirmation and a transcript shall be made and filed in the office of the administrator. (Ord. 95-8 § 13, 1995; Ord. 94-23 § 1, 1994)
7.32.090 Report/decision.
A. The fair housing review board shall issue a written report within thirty days of the conclusion of the public hearing. The report/decision shall include a summary of testimony, exhibits admitted into evidence, and a finding of whether a violation of the ordinance was proved by a preponderance of the evidence. The report/decision shall also contain a recommendation/order of the relief that may include one or more of the elements provided for in Chapter 7.36 RMC.
B. If the fair housing review board determines that a respondent has not complied in a timely manner with the decision, the fair housing review board shall refer the matter to the village attorney who shall seek judicial enforcement of the decision. (Ord. 94-23 § 1, 1994)
7.32.100 Settlement.
A. Circumstances. A settlement of any complaint may be effected at any time prior to a decision/report by the fair housing review board upon agreement of the parties and the approval of the fair housing review board.
B. Settlement. Each settlement agreement shall be made public unless the complainant and the respondent otherwise agree and the administrator determines that disclosure is not required to further the purposes of this title.
C. Form. Settlements of complaint prior to the issuing of a report/decision shall be issued in writing by the administrator, signed by the parties, and submitted by the administrator to the fair housing review board.
D. Settlement Violation. When either party alleges that a settlement order has been violated, the administrator shall conduct an investigation into the matter. If substantial evidence demonstrates that a settlement has been violated, the administrator, upon direction from the fair housing review board, shall refer the matter to the village attorney for enforcement in the circuit court in which the respondent or complainant resides or transacts business or in which the violation took place. (Ord. 94-23 § 1, 1994)