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Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 16
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-16- than there is for the defendant in an ordinary civil suit, who does not receive the benefit of the screening investigation which the investigating committee conducts. If members of the local commission serve on the investigating committee, no more than one (or at most, two) of them should be so appointed. Their participation at this stage will prevent them from serving on a panel at the "public hearing" stage of the proceedings and may well create quorum problems then, if too many serve at this time.) Section 304. Proceedings upon finding of no probable cause. 1. If the investigating committee shall find no probable cause to believe that the person charged has committed an unfair or discriminatory practice, it shall report the same to the Commission and shall notify the complainant in writing by registered or certified mail. 2. If the complainant fails to object to such findings within ten (10) days of delivery of such written notice, the Commission shall close the case. The secretary of the Commission shall report such fact to the Iowa State Civil Rights Commission. 3. If the complainant objects in writing to such findings within ten (10) days of delivery of such written notice, the Commission shall hear his evidence in an executive session. If the Commission finds no probable cause to believe that the person charged has committed an unfair or discriminatory practice, it shall declare the case closed. If the Commission finds probable cause to exist, it shall take further proceedings as are provided in sections 305 and following of this ordinance. (Comment. If the investigating committee determines that there is no reasonable ground to believe that an illegal discriminatory practice has occurred, it will notify the Commission and the complainant. If the complainant fails to object, the case will be closed. If he does object, the Commission must hold a meeting in executive session to determine whether it agrees with the findings of the investigating committee. This decision is not a determination of whether the person charged did in fact commit the violation alleged; it is only a determination of whether there is enough evidence to justify proceeding to a full investigation. For this reason, it is not necessary that the person charged receive notice of the meeting. He will receive notice of the charge only if the commission finds "probable cause.")
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-16- than there is for the defendant in an ordinary civil suit, who does not receive the benefit of the screening investigation which the investigating committee conducts. If members of the local commission serve on the investigating committee, no more than one (or at most, two) of them should be so appointed. Their participation at this stage will prevent them from serving on a panel at the "public hearing" stage of the proceedings and may well create quorum problems then, if too many serve at this time.) Section 304. Proceedings upon finding of no probable cause. 1. If the investigating committee shall find no probable cause to believe that the person charged has committed an unfair or discriminatory practice, it shall report the same to the Commission and shall notify the complainant in writing by registered or certified mail. 2. If the complainant fails to object to such findings within ten (10) days of delivery of such written notice, the Commission shall close the case. The secretary of the Commission shall report such fact to the Iowa State Civil Rights Commission. 3. If the complainant objects in writing to such findings within ten (10) days of delivery of such written notice, the Commission shall hear his evidence in an executive session. If the Commission finds no probable cause to believe that the person charged has committed an unfair or discriminatory practice, it shall declare the case closed. If the Commission finds probable cause to exist, it shall take further proceedings as are provided in sections 305 and following of this ordinance. (Comment. If the investigating committee determines that there is no reasonable ground to believe that an illegal discriminatory practice has occurred, it will notify the Commission and the complainant. If the complainant fails to object, the case will be closed. If he does object, the Commission must hold a meeting in executive session to determine whether it agrees with the findings of the investigating committee. This decision is not a determination of whether the person charged did in fact commit the violation alleged; it is only a determination of whether there is enough evidence to justify proceeding to a full investigation. For this reason, it is not necessary that the person charged receive notice of the meeting. He will receive notice of the charge only if the commission finds "probable cause.")
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