03-12-12 Council Agenda & Packet

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ARTICLE IV. - COMPLAINT ADJUDICATION Page 4 of 6 conducting the investigation.The administrator shall notify the parties in writing of the reason(s)for the delay. i (b) Report of investigation;determination by panel. Unless the complaint has been satisfactorily resolved prior to completion of the investigation made under subsection(a)of this section,the administrator shall j i report the results of the investigation made under subsection(a)of this section to a predetermined ! E panel of three(3)members of the board designated by the chairperson or vice chairperson or pursuant to the rules of the board,which panel shall not include any member of the board who is ineligible to i jparticipate pursuant to subsection 581-414(f)of this chapter or who is a member of the complaint ` adjudication committee created pursuant to section 581-413 of this chapter.The administrator shall ' make a recommendation as to whether there is reasonable cause to believe that the respondent has { violated section 581-403 of this chapter.The panel shall then determine by majority vote whether ! reasonable cause exists to believe that any respondent has violated section 581-403 of this chapter. in making such a determination,the panel shall consider only the complaint,the response, if any, and the s administrator's report;provided, however,the panel may request the administrator to make a i supplemental investigation and report with respect to any matter which it deems material to such i determination. (c) Action when violation found. if the panel, under subsection(b)of this section,determines that a reasonable cause exists to believe that any respondent has violated section 581-403 of this chapter, it may direct the administrator to endeavor to eliminate the alleged discriminatory practice through a conciliation conference.At least one(1)panel member shall be present at any conciliation conference i E j at which both the complainant and respondent are present or represented. If the complaint is satisfactorily resolved through conciliation,the terms of any agreement reached or undertaking given by any party shall be reduced to writing and signed by the complainant, respondent and the administrator. Any disagreement between the respondent and the administrator in regard to the terms or conditions of 1 a proposed conciliation agreement may be referred to the panel which considered the complaint, and the decision of the panel with respect to such terms or conditions shall be final for purposes of ! ` conciliation proceedings under this subsection, but shall not be binding upon the respondent without his written consent thereto.The board or office may institute legal proceedings under this chapter for enforcement of any written agreement or undertaking executed in accordance with this subsection. (GA. 111, 2005, § 1;G.O. 71,2005,§30) Sec. 581-413. - Complaint adjudication committee; hearing officer; duties. (a) The chairperson shall designate three(3)members of the board to serve as a complaint adjudication committee,whose duty shall be to hold public hearings on citizens'complaints,which shall be at such times as the adjudication committee or the board deems necessary.All three(3)members of the adjudication committee must be present for any hearing, and no member of the adjudication committee may vote by proxy. In the event that a member of the adjudication committee is unavailable or otherwise 3 precluded from participating in a hearing,either the chairperson or the vice chairperson of the board shall take the absent member's place on the adjudication committee unless and until a replacement is appointed. (b) The board may also appoint one(1)or more non-members to serve as unpaid hearing officers,whose duty shall be to hold public hearings and to make determinations in lieu of the adjudication committee on citizens'complaints,other than housing complaints,at such times as the hearing officer or the board deems necessary. (G.O. 111, 2005,§1 J Sec.. 581-414. - Hearings, findings and recommendations when conciliation not effected. i 1 ' (a) Nearing to be held;notice. If a complaint has not been satisfactorily resolved within a reasonable time through informal proceedings under section 581-412 of this chapter,or if the panel investigating the complaint determines that reasonable cause exists to believe a respondent has violated section 581- 403 of this chapter but that a conciliation conference is inappropriate under the circumstances surrounding the complaint,then the chairperson of the board shall assign the case to the adjudication committee or, in the case of a complaint not related to housing,to either the adjudication committee or to a hearing officer.The adjudication committee or the hearing officer may hold a public hearing thereon upon not less than ten(10)working days'written notice to the complainant or other aggrieved person and to the respondent. If the respondent has not previously filed a written response to the complaint,he or she may file such response and serve a copy thereof upon the complainant and the office not later than five(5)working days prior to the date of the hearing. ! (b) Powers;rights of parties at hearing. In connection with a hearing held under subsection(a)of this i section,the adjudication committee or the hearing officer shall have the power, upon any matter pertinent to the complaint or response thereto,to subpoena witnesses and compel their attendance;to require the production of pertinent books, papers or other documents;and to administer oaths. The complainant shall have the right to be represented by the administrator or any attomey of his or her http://library.municode.com/HTML/12016/level3/TITIIIPUHEWE—CH581 HUREEQOP_A... 3/6/2012