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Bill No. 47-23 South Bend Human Rights "Homeless" the Protected Classes Ordinance
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Bill No. 47-23 South Bend Human Rights "Homeless" the Protected Classes Ordinance
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7/5/2023 12:28:58 PM
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7/5/2023 12:15:34 PM
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authorities, divisions, bureaus and officers of the City may furnish the Commission, <br /> upon its request, all records, papers, and information in their possession relating to any <br /> matter before the Commission. <br /> (e) Receive and investigate charges of discriminatory practices. The Commission shall not <br /> hold hearings in the absence of a charge as herein defined. All investigations of <br /> charges shall be conducted by staff members of the Commission. <br /> (f) Issue such publications and such results of investigations and research as in its <br /> judgment will tend to minimize or eliminate discrimination because of race, color, <br /> religion, sex, disability, national origin, ancestry, sexual orientation or gender identity, <br /> homelessness or familial status in the case of housing. <br /> (g) Prepare and issue a report annually to the Common Council and Mayor, describing in <br /> detail the investigation and conciliation proceedings it has conducted and their <br /> outcome, the progress made and any other work performed and achievements towards <br /> the elimination of discrimination. <br /> (h) Prevent any person from discharging, expelling or otherwise discriminating against any <br /> other person because he filed a charge or has testified in any hearing before this <br /> Commission, or has in any way assisted the Commission in any matter under <br /> investigation. <br /> (i) Appoint hearing officers, hold hearings, subpoena witnesses, compel their attendance, <br /> administer oaths, take the testimony of any such person under oath, and require the <br /> production for examination of any books and papers relating to any matter under <br /> investigation or in question before the Commission. The Commission shall have the <br /> exclusive power to subpoena,but it shall consult with the Department of Law <br /> concerning the issuance of a subpoena. The Department of Law may veto the issuance <br /> of a subpoena if and only if such an issuance would be an abuse of the Commission's <br /> subpoena power. Abuse of the Commission's subpoena power shall include but not be <br /> limited to use of such subpoena power for harassment purposes, issuance of a <br /> subpoena for information clearly irrelevant to the investigation being conducted, and <br /> issuance of a subpoena for information over an excessively broad span of time. <br /> Contumacy or refusal to obey a subpoena issued pursuant to this section shall <br /> constitute a contempt. All hearings shall be held within the City of South Bend at a <br /> location determined by the Commission. A citation of contempt may be issued upon <br /> application by the Commission to the circuit or superior court, or judge thereof, in the <br /> County in which the hearing is held or in which the witness resides or transacts <br /> business. <br /> (1) The Commission shall state its finding of fact after a hearing, and, if the <br /> Commission finds a person has engaged in an unlawful discriminatory practice, it <br /> may cause to be served on such person an order requiring such person to cease <br /> and desist from the unlawful discriminatory practice and requiring such person to <br /> take further affirmative action as will effectuate the purposes of this article, <br /> including but not limited to the power to restore charging party's losses incurred <br /> as a result of discriminatory treatment, as the Commission may deem necessary to <br /> assure justice. The Commission may require the posting of notice setting forth the <br /> public policy of Indiana concerning civil rights and the respondent's compliance <br />
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