Adopted by vote of Commission, June 11, 2003
Reformatted by Peter Resnick

THE URBANA HUMAN RELATIONS COMMISSION RULES OF PROCEDURE FOR HEARINGS CONCERNING HUMAN RIGHTS COMPLAINTS

PREAMBLE

The Human Relations Commission was created by the City Council of the City of Urbana to secure an end to discrimination, including but not limited to discrimination by reason of age, color, creed, class, family responsibilities, marital status, matriculation, national origin, personal appearance, physical and mental disability, political affiliation, race, religion, sex, sexual preference, prior arrest or conviction record, source of income, or any other discrimination based upon categorizing or classifying a person rather than evaluating a person’s unique qualifications relevant to opportunities in, but not limited to, employment, housing, places of public accommodation, and credit or commercial transactions.

The following procedures are adopted pursuant to Section 12-19 of the Code of Ordinances of the City of Urbana, and will be observed when the City receives complaints of alleged violations of the Human Rights ordinance Chapter 12 of the Urbana Code of Ordinances.

GENERAL PROCEDURES

  1. Filing

    All documents relating to the case must be filed with the Human Relations Commission by mailing them or personally delivering them to the Human Relations Officer at 400 South Vine Street, Urbana, IL 61801. The filing date of any document will be the postmarked date if the document is mailed or the date the document is received in the Human Relations Office if the paper is delivered personally or by messenger. Upon filing, the Human Relations Officer will forward copies of the documents to the Hearing Officer, the Commission Chairperson, and the parties.

  2. Computation of Time

    The time period within which any act under these procedures must be done will be computed by excluding the first day and including the last day. If the last day is a Sunday or a holiday as defined or fixed in current or future statutes enforced in Illinois or the City of Urbana, the time period will be extended to the next day which is not a Sunday or a holiday.

  3. Service
    1. All Parties. All papers required by these procedures to be served on any party must be addressed to that party at the last known address for that party. The notice of initial hearing and complaint must be personally served or sent by registered or certified mail, return receipt requested. All other papers may be delivered personally, sent by registered or certified mail, sent by courier service, or sent by first class United States mail in an envelope with postage prepaid.

    2. City. All papers required by these procedures to be served on the City must be addressed to the Office of the City Attorney, 400 South Vine Street, Urbana, IL 61801. All other papers may be delivered personally to the Office of the City Attorney, sent by registered or certified mail, sent by first class United States mail in an envelope with postage prepaid, or sent by courier service.

    3. Proof of Service. Proof of service of any paper may be made by written statement verified under oath of any person so mailing or personally delivering the paper to the designated party; by filing a return receipt showing that the paper was mailed either by registered or certified mail, return receipt requested; or by filing a receipt showing delivery by a courier service.

PRE-HEARING PROCEDURES

  1. Complaint

    If conciliation efforts fail, the Human Relations Officer will file the complaint with the Commission alleging that Respondent has violated the Human Rights ordinance and asking the Commission to hold a public hearing at which Respondent will answer the charges. The Human Relations Officer will send copies of the complaint to the Commission Chairperson and to each Commission member.

  2. Scheduling the Hearing
    1. Upon receipt of the complaint, the Commission Chairperson will schedule the initial hearing on a regular meeting date of the Commission or will call a special meeting of the Commission to conduct the initial hearing. The initial hearing will be scheduled and held not less than thirty (30) days nor more than sixty (60) days after service of the initial notice of hearing and the complaint. The initial hearing will be for the purposes of receiving non-binding estimates from the parties of the anticipated duration of the hearing on the substance of the matter, suggestions regarding scheduling of the hearing on the substance of the matter, receiving and/or ruling upon initial requests for production of documents, other discovery, subpoenas and other matters, and scheduling the hearing on the substance of the complaint.

    2. The Commission Chairperson will notify the Human Relations Officer of the date and time of the initial hearing. The Human Relations Officer will provide appropriate Open Meetings Notices for the hearing if a special meeting is necessary.

  3. Notice of Initial Hearing and Complaint
    1. The Human Relations Officer will, in the name of the Commission, issue and serve on the Respondent and the City Attorney a written notice of the time, date, and place of the initial hearing, together with a copy of the complaint.

    2. The Human Relations Officer will cause the notice to be served by personal service or by registered or certified mail, return receipt requested.

  4. Appointment of Hearing Officer; Qualifications; Duties
    1. The Hearing Officer will be an attorney experienced in discrimination matters and with knowledge regarding municipal or governmental administrative hearing matters. The Commission may receive names of one or more potential candidates for Hearing Officer by soliciting statements of interest from attorneys licensed in the State of Illinois. The Commission will make the final selection of the hearing officer, for formal appointment by the Chair of the Commission. Prior to retention, the Commission will obtain a written retention proposal from the selected attorney. The Commission may retain an attorney on a continuing basis for the purpose of appointment as a hearing officer as cases arise from time to time. The Hearing Officer shall be appointed to preside over the initial hearing.

    2. The City will pay the costs of the selected Hearing Officer provided the City Attorney has approved the Hearing Officer’s retention agreement and fees.

    3. At the initial hearing, the Commission will provide the Hearing Officer with a copy of these rules, and schedule the hearing on the substance of the charges between thirty (30) and ninety (90) days of the service of the initial notice upon the Respondent.

    4. The Hearing Officer will conduct the hearing according to the Commission rules. The Hearing Officer will preside over the hearing and the taking of testimony, rule on any pre- or post-hearing motions, rule on the admission of all evidence, prepare the proposed finding of fact for the Commission’s consideration, and write the Commission’s final decision.

  5. Discovery
    1. The City Attorney and the Respondent may request production of specific documents of the other party which are intended for use for any purpose at the hearing. Requests for document production must be submitted to the Commission in writing. The Hearing Officer may conduct hearings on such requests.

    2. At its discretion, the Commission may order additional discovery.

  6. Subpoenas and Other Documents
    1. The City Attorney, the Respondent, the Hearing Officer, and/or the Commission Chairperson may ask the Commission to issue subpoenas to compel the attendance or testimony of a witness at the hearing or to compel the production of a specific named document in the possession or under the control of a witness. The Commission may require an explanation of the relevance of the appearance, testimony, or documents before issuing a subpoena.

    2. The Commission Chairperson will witness each subpoena that a party asks to be issued. The appropriate form of a subpoena is provided as an appendix to these procedures. Subpoenas must be completely filled out before presentation to the Commission Chairperson for signature.

    3. The party requesting the subpoena is responsible for its service.

    4. A party may request the issuance of subpoenas up to five (5) days prior to the commencement of the hearing.

    5. Any requests for continuance for inability to serve subpoenas must be filed with the Human Relations Officer at least three (3) days before the date set for hearing. However, the Commission, on its own discretion, may waive the three-day limit for good cause shown.

  7. Enforcement of Commission Orders or Subpoenas
    1. Either the City or the Respondent may file a pre-hearing motion to the Commission for enforcement of any order, subpoena, or request to produce documents. The Hearing Officer will initially determine if court enforcement is appropriate and will make a recommendation to the Commission regarding such enforcement.

    2. The party requesting enforcement will pay any costs arising out of enforcement of the Commission’s orders or subpoenas, including the costs of the Hearing Officer.

  8. Pre-Hearing Motions; Continuances
    1. If motions to enforce Commission orders, quash subpoenas, quash orders to produce documents, or other motions become necessary, the moving party must provide a written motion to the Commission at least seven (7) days prior to the date on which the motion is requested to be heard. The Hearing Officer will schedule a date to hear the motions and render a decision on them.

    2. The Hearing Officer, with the concurrence of the Commission Chairperson, may continue the hearing or any other hearing-related matter for good cause shown.

THE HEARING

  1. Court Reporter

    The Human Relations Officer will arrange for a court reporter to attend and record the hearing. The Commission may request that a transcript be prepared prior to its deliberations. Either party may request a transcript of all or any portion of the proceedings. The requesting party will pay the cost of the transcript.

  2. Commission Member Attendance and Participation; Quorum

    Commission members are expected to arrive at the hearings on time and to attend a hearing in its entirety. Members must attend all hearings of evidence and deliberations on the finding in order to vote on a discrimination complaint. Such hearings will not be held by less than a quorum of the Commission. A quorum for the purpose of hearings on such complaints shall be a majority of the Commission’s appointed commissioners.

  3. Representation

    The office of the City Attorney or their appointee will present the City’s case before the Commission. The Human Relations Officer will be available throughout the process as mediator, if requested by the parties. The Respondent may appear at the hearing with or without representation.

  4. Failure to Appear

    If the Respondent fails to appear at the hearing after having been served with notice, the Commission may either proceed with the hearing on the basis of the evidence in support of the complaint, or may issue a default finding in violation of the ordinance, and then proceed with a hearing on the award of damages and remedial measures.

  5. Oaths and Affirmations

    The Hearing Officer will have the power to administer oaths and affirmations on behalf of the Commission, including the swearing in of witnesses.

  6. Evidence

    The Commission will generally adhere to the rules of evidence as established by the State of Illinois for court proceedings. However, the Commission may relax the rules in order to afford a full presentation of the facts. Efforts at conciliation and reconciliation will not be admitted into evidence.

  7. Examination of Witnesses

    The parties will have an opportunity to examine and cross-examine each witness testifying before the Commission. Either party may ask the Commission to compel the testimony of any witness, even if that party initially called the witness to testify. The Hearing Officer may, on the Hearing Officer’s own behalf or at the request of any Commission member, direct questions to any person testifying.

  8. Affidavits

    Either party may tender sworn affidavits in lieu of testimony at any hearing. Affidavits must be tendered to the Hearing Officer and to the other party at least seven (7) days prior to the hearing wherein the affidavit is to be considered. The Commission will determine the weight given to evidence provided through affidavits in light of the fact that cross-examination of the affiant may not be available.

  9. Stipulations

    The parties may tender to the Commission written stipulations regarding any issue before the Commission. Both parties must sign the stipulations. The Commission will consider the parties’ written stipulations to be conclusive regarding the issues contained therein.

  10. Burden of Proof

    The City will have the burden of proving by a preponderance of the evidence that there exists a violation of the ordinance as charged and set forth in the complaint.

  11. Order of Presentation

    The City will present its case in chief first, followed by the Respondent’s defense of the matter, followed by rebuttal and surrebuttal as permitted by the Hearing Officer. The Hearing Officer may allow opening statements and/or closing arguments by either party and establish time limits for such statements.

  12. Press and Public Attendance
    1. All hearings before the Commission are open to the public. Nothing in these procedures will be so construed as to contravene, or attempt to contravene, the provisions or intent of the Illinois Open Meetings Act. Upon majority vote of the quorum present, the Commission may go into closed session for deliberation on its decision.

    2. Recordings or videotaping of the proceedings will be allowed with the following exceptions:
      • The Commission or Hearing Officer may impose reasonable restrictions on the placement or movement of any equipment.

      • Any witness may decline to be filmed or videotaped while testifying. The Hearing Officer will direct the person requesting videotaping or filming accordingly.

CONCLUSION OF THE HEARING

  1. The Decision
    1. No decision of the Commission as to whether or not the Respondent has engaged in an unlawful practice or has otherwise violated the Urbana Human Rights Ordinance shall be by a vote of less than a majority of the appointed Commissioners.

    2. At the conclusion of the evidence and summaries of counsel, the Commission will deliberate the matter at issue. After deliberation, discussion, and any preliminary voting the Commission deems necessary with respect to findings of fact or its proposed decision, the Commission will direct the Hearing Officer to summarize its discussion and conclusions concerning the matter by preparing proposed findings of fact, conclusions of law, and an order.

    3. After the Hearing Officer prepares the proposed findings of fact, conclusions of law, and order, the Hearing Officer will send copies to the Commission, the City Attorney, and the Respondent.

    4. The City Attorney and the Respondent may submit to the Hearing Officer written suggestions changing or amending the findings of fact or proposing alternative findings of fact. Such suggestions must be tendered to the Hearing Officer within seven (7) days after service of the proposed findings of fact.

    5. The Commission will render its decision as to whether the Respondent has violated the provisions of the Human Rights ordinance within twenty-eight (28) days after the conclusion of the hearing.

  2. The Remedy
    1. After the Commission adopts findings of fact, conclusions of law, and an order, the Commission will determine the appropriate remedy or fine as provided for in the Human Rights ordinance. The Commission may, but need not, receive further evidence or argument from the parties concerning the appropriate remedy.

    2. If the Commission determines that Respondent has violated the Human Rights ordinance, the Commission will issue a decision and order requiring the Respondent to cease and desist from such unlawful practice and to take such action as the Commission deems necessary to carry out the purposes of the ordinance.

    3. If the Commission determines that Respondent has not violated the Human Rights ordinance, the Commission will issue a decision and order dismissing the case.

    4. The Commission Chairperson shall sign the findings of fact and final order of the Commission. The Hearing Officer will serve a copy on the City and on the Respondent.

JUDICIAL REVIEW

The Commission will not rehear or reconsider its final decision. However, any person suffering a legal wrong or adversely affected or aggrieved by the Commission’s decision or order is entitled to a judicial review. The person should file a written petition for review with the circuit court of the Sixth Judicial Circuit, or with any court of competent jurisdiction, within thirty (30) days of the service date of the decision or final order.

ENFORCEMENT

If the Commission determines that the Respondent has not corrected the unlawful practice within thirty (30) calendar days following service of its order, the Commission will certify the matter to the City Attorney for enforcement proceedings.