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Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 3
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-3- being recorded in the minutes by yeas and nays, when necessary to prevent irreparable and needless injury to the reputation of an individual whose employment or discharge is under consideration, but any motion decided in such session shall be voted on by yeas and nays and shall be recorded in the minutes; and b. the Commission shall hold a closed session for consideration of any charge or complaint, as provided in Article Three of this ordinance, and for deliberations in connection with a public hearing held pursuant to complaint filed by the Commission. 2. All records of the Commission shall be public, except: a. charges, complaints, reports of investigations, statements and other documents or records obtained in investigation of any charges shall be closed records; and b. the minutes of any session which is closed under the provisions of section 105 (1)(b) of this ordinance shall be closed records. 3. No member of the Commission or of its staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion, unless such disclosure is made in connection with the conduct of such investigation or after the Commission has held a public hearing upon a complaint filed in connection with such charge. This section does not prevent any complainant, witness, or other person from publicizing the filing of a charge or complaint or the matter therein complained of. (Comment. This section is designed to insure the secrecy of certain of the Commission's proceedings. Subsection (1)(a) permits the Commission to hold private meetings on personnel matters, a common practice in governmental agencies. Subsection (1)(b) requires the Commission to hold private meetings at the early states of the enforcement procedures. The first stages of the charge and complaint proceedings are designed to protect persons charged from frivolous charges. Until the Commission or its committee finds probable cause and seeks to conciliate the matter, the proceedings must be confidential to protect innocent individuals. Subsection (2) simply reinforces the closed nature of the initial investigating processes by protecting the Commission's records. Subsection (3) prevents the members of the Commission and its staff from revealing confidential proceedings or records. No other individual is required to keep silent by this ordinance. The complainant, the party charged with a violation of the
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-3- being recorded in the minutes by yeas and nays, when necessary to prevent irreparable and needless injury to the reputation of an individual whose employment or discharge is under consideration, but any motion decided in such session shall be voted on by yeas and nays and shall be recorded in the minutes; and b. the Commission shall hold a closed session for consideration of any charge or complaint, as provided in Article Three of this ordinance, and for deliberations in connection with a public hearing held pursuant to complaint filed by the Commission. 2. All records of the Commission shall be public, except: a. charges, complaints, reports of investigations, statements and other documents or records obtained in investigation of any charges shall be closed records; and b. the minutes of any session which is closed under the provisions of section 105 (1)(b) of this ordinance shall be closed records. 3. No member of the Commission or of its staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion, unless such disclosure is made in connection with the conduct of such investigation or after the Commission has held a public hearing upon a complaint filed in connection with such charge. This section does not prevent any complainant, witness, or other person from publicizing the filing of a charge or complaint or the matter therein complained of. (Comment. This section is designed to insure the secrecy of certain of the Commission's proceedings. Subsection (1)(a) permits the Commission to hold private meetings on personnel matters, a common practice in governmental agencies. Subsection (1)(b) requires the Commission to hold private meetings at the early states of the enforcement procedures. The first stages of the charge and complaint proceedings are designed to protect persons charged from frivolous charges. Until the Commission or its committee finds probable cause and seeks to conciliate the matter, the proceedings must be confidential to protect innocent individuals. Subsection (2) simply reinforces the closed nature of the initial investigating processes by protecting the Commission's records. Subsection (3) prevents the members of the Commission and its staff from revealing confidential proceedings or records. No other individual is required to keep silent by this ordinance. The complainant, the party charged with a violation of the
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