Amending Chapter 2 South Bend Municipal Code

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■ proof of compliance to be filed by the respondent at per iodic intervals. (A) Except in housing cases which are separately treated in sub-part (c) of this section, the Commission may impose a penalty upon any respondent of $1,500.00 for the first and second violation of this article within a five-year period, and may further impose a penalty of $2,500.00 for three or more violations of this article within a five-year period. (B) When applied to discrimination in employment, the Commission shall have power to restore charging party's losses including wages, salary, commissions, fringe benefits in an amount not to exceed that lost over a two-year period, future pecuniary loss, emotional pain, suffering, inconvenience, anguish, loss of enjoyment of life and other non-pecuniary losses, costs and attorney fees. (C) To vindicate the public interest in cases of housing discrimination, the Commission may assess a civil penalty of $2,500.00 for each commission of a discriminatory housing practice. (D) The Commission may sue to recover a civil penalty due under this section. [P.L.66-1990, §2. ] ( 2) Judicial review of any decision of the Commission as referred to in this article may be obtained under I .C. 4-22-1 in the same manner as if the decision was that of a State agency. However, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have decided in a civil action those claims asserted in a finding of probable cause. Such election must be made not later than twenty ( 20) days after the date of receipt by the electing person of service under this chapter, and such person shall give written notice to the Commission and all other complainants and respondents to whom the finding of probable cause relates. Such civil action shall be filed in the circuit or superior court of St. Joseph County or any other court of proper jurisdiction, and if the court finds that a discriminatory practice has occurred or is about to occur, the court may grant any relief appropriate in a civil action under I .C. 22-9.5-8-1(b) or as authorized by the Civil Rights Act of 1991. ( 3) In those cases involving discriminatory housing practices as prohibited by this Act where final adjudicative Commission action is in favor of the charging party, the Commission shall within one year of the alleged discriminatory housing practice seek a judicial determination of damages at the Commission' s expense. If it is impracticable for the Commission to seek such a determination within one year of the alleged discriminatory act, it shall notify charging party and respondent in writing of its reasons for not doing so, and shall undertake such juducial determination as soon as practicable. ( j ) Te Reduce the terms of conciliation agreed to by the ........L� . ... Yom. .. � i�.,.... L 1-- -11 ....3 .-. 11 L .....«... ..,.w...L II