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4010
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Last modified
12/6/2004 2:49:41 PM
Creation date
11/5/2014 12:04:59 PM
Metadata
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City Ordinances
Passed
12/2/1963
Ordinance Number
4010
Bill Number
6070
Description
Public Accomodation Ordinance, defining discriminatory practices in place of businesses
Introduced By
Grimm
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have full operating responsibility for carrying out the provisions of this <br /> <br />ordinance. In addition to any powers or duties heretofore conferred on said <br /> <br />Commission it shall have the power and duty to: <br /> <br />(a) Initiate on its own or receive, investigate and seek to adjust <br />all complaints or discriminatory practices prohibited by this ordinance. <br /> <br />(b) To hold public or private hearings, subpoena witnesses and compel <br />their attendance, administer oaths, take the testimony of any person under <br />oath relating to any matter under investigation or in question. The Com- <br />mission may make rules as to the issuance of subpoenas. Contumacy or <br />refusal to obey a subpoena issued pursuant to this section may be certified <br />to the City Court of the City of University City for appropriate action. <br /> <br />Section 5. Procedure, <br /> <br />(a) Any person claiming to be aggrieved by a discriminatory practice pro- <br />hibited by this ordinance may make, sign and file with the University City <br />Commission on Human Relations a complaint in ~iting under oath, which shall <br />state the name and address of the person alleged to have committed the dis- <br />criminatory practice and which shall set forth the particulars thereof and <br />contain such other information as may be required by the Commission. Such <br />complaints shall be filed within thirty (30) days after the alleged dis- <br />crim~natory act is committed. The Commission, at any time it has reason to <br />believe that any person has been engaged in discriminatory practices pro- <br />hibited by this ordinance, may issue a complaint. <br /> <br />(b) If the Commission determines after investigation by one or more of <br />its members that probable cause exists for the allegations made in the <br />complaint, the Commission shall attempt an adjustment by means of conference <br />and conciliation. Sixty (60) days shall be allowed for this purpose. If <br />the Commission determines that there is no probable cause for the allegations <br />made in the complaint, then they shall dismiss the complaint and promptly <br />notify the complainant and the respondent of this action. If no action is <br />taken by the Commission within ninety (90) days after the complaint is filed, <br />ouch complaint shall hereby be considered dismissed. <br /> <br />(c) In case of failure of conference or conciliation to obtain compliance <br />with this ordinance, the Commission shall cause to be issued and served in <br />the name of the Commission a ~.~itten notice, together with a copy of such <br />complaint, as the same may have been amended, requiring the person named <br />in such complaint, hereinafter referred to as the respondent, to answer the <br />charges of such complaint at a hearing before the Commission, at a time and <br />place to be specified in such notice. The place of such hearing shall be <br />in a place designated by the Commission. The case in support of the com- <br />plaint shall be presented at the hearing by a member of the City Counselor's <br />office who shall be counsel for the University City Commission on Human <br />Relations; and no Commission member who previously made the investigation <br />shall participate in the hearing except as a witness nor shall participate <br />in the deliberations of the Commission in such case. Any endeavors or <br />negotiations for conciliation or admission or statement made in connection <br />therewith shall not be received in evidence. The respondent may file a <br />~itten answer to the complaint and appear at such hearing in person or <br />otherwise with or without counsel, and submit testimony and be fully heard. <br />The Commission conducting any hearing may permit reasonable amendments to <br />any complaint or answer and the testimony taken at such hearing shall be <br />under oath and be transcribed at the request of either party or by direction <br />of the Commission. If, upon all the evidence, the Commission finds that a <br />respondent has engaged in any discriminatory practice as defined in Section <br />Three (3), it shall state its findings of fact and shall cause to be served <br />on the respondent an order requiring such respondent to cease and desist <br />from such discriminatory practice or practices, or make such other order <br />as the circumstances warrant. If, upon all the evidence, the Commission <br />finds that the respondent has not engaged in any alleged discriminatory <br />practice, it shall state its findings of fact and shall similarly issue <br />and file an order dismissing the complaint. The Commission shall establish <br />rules of practice to govern, ~:pedite and effectuate the foregoing procedure. <br /> <br />-3- <br /> <br /> <br />
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