Amending Chapter 2 South Bend Human Rights Ordinance

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(i) To appoint hearing officers, hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any such person under oath, and require the production for examination of any books, and papers relating to any matter under investigation or in question before the Commission. The Commission shall have the exclusive power to subpoena, but it shall consult with the Department of Law concerning the issuance of a subpoena. Provided, that the Department of Law may veto the issuance of a subpoena if and only if such an issuance would be an abuse of the Commission's subpoena power. Abuse of the Commission's subpoena power shall include but not be limited to use of such subpoena power for harassment purposes, issuance of a subpoena for information clearly irrelevant to the investigation being conducted, and issuance of a subpoena for information over an excessively broad span of time. Contumacy or refusal to obey a subpoena issued pur- suant to this section shall constitute a contempt. All hearings shall be held within the City of South Bend at a location determined by the Commission. A citation of contempt may be issued upon applica- tion by the Commission to the circuit or superior court, or judge thereof, in the County in which the hearing is held or in which the witness resides or transacts business. (1) To state its finding of fact after a hearing and if the Commission finds a person has engaged in an unlawful dis- , criminatory practice, it may cause to be served on such person an order requiring such person to cease and desist from the unlawful discriminatory practice and requiring such person to take further affirmative action as will effectuate the purposes of this article, including but not limited to the power to restore eeRpiainant -'s charging party's losses incurred as a result of discriminatory treatment, as the Commission may deem necessary to assure justice, provided, however, that this specific provision when applied to orders pertaining to employment shall include only wages, salary, eP commissions or fringe benefits in an amount not to exceed that lost over a two year period; to require the posting of notice setting forth the public policy of Indiana concerning civil rights and the respondent's compliance with said policy in places of public accommo- dations; to require proof of compliance to be filed by the respondent at periodic intervals•, to Fegaipe a pei-sen whe hae been peande be in vielatleRe of the Seath Head Haan Rights 912dinasee; and whe is lleensed by a State agency aathepised to gPamt a iieense; to show eaase to the iieensing agency why his. iieenee should net be i2eveked ep saepended. (2) Judicial review of saeh eease and desist epdep ep etheP of €iPmative aetien any decision of the Commission as referred to in this article may be obtained.- under I.C. -22 -1 in the same manner as if the decision was that of a state agency. aadieiaieiew is ihst }fated within thinty dais 91R reeeipt e€ netise by a pePsen that saeh epdei2 has been pRade by the Se issien3 i_f it deteppaines that the pepsen apen whew the eease and desist epdep has been - served is net eeFapiying e12 is making -ne e_f€opt #9- eepapiy, The SeFaFaissien shall eeptify the ease and the entipe peeepds of its p3?eeeedings to the Bepaptment e€ Taw; which shall invoke the aid e-f an apppeppiate eeapt to engepee the ede- (3) If, upon, all the evidence, the Commission shall find that a person has not engaged in any such unlawful practice or violation of this article, the Commission shall state its findings of facts and shall issue and cause to be served on the eempiainant parties an order dismissing the said eempialnt charge as -te saeh pei2sen. (j) To reduce the terms of conciliation agreed to by the par-, ties to a writing to be called a "consent agreement' which the parties and a majority of the Commissioners shall sign and when so signed the consent agreement shall have the same effect as a .abevea :final decision of the.Commission. If the Commission determines that a party to a consent agreement is not complying with the agreement, the - 5 -