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Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 19
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-19- conciliation efforts indicate that there is really no discrimination at all, or (2) because the person charged refuses to comply with the law or to cooperate with the Commission. If the conciliation fails because there is a full explanation of the matter which satisfies the Commission, it will terminate the proceedings at this stage. If the conciliation fails because the conciliators are unable to obtain compliance with the law, the Commission will issue a complaint against the individual charged. It will order a public hearing to be held on the charge. The details of the further proceedings are contained in subsequent sections of the ordinance.) Section 308. Public Hearing. 1. Upon filing the complaint, the Commission shall issue and cause to be served on the person charged a notice, containing a copy of the complaint and a notice of the time and place at which the hearing will be held on the complaint. The hearing must be held not less than ten (10) days after the issuance of the notice and must be held in a building open to the public in this city. The Commission may adjourn the hearing from time to time. 2. The person charged shall have the right to file a written answer to the complaint, to appear in person or by attorney at the hearing, to testify, to call witnesses in his behalf, and to cross-examine any witnesses who appear. 3. The Commission shall have the power to reasonably and fairly amend the complaint and the party charged shall have the power to reasonably and fairly amend his answer at any time before a final order is entered in the case. 4. The city attorney or an attorney designated by him shall conduct the case on behalf of the Commission. If the city attorney is unable to conduct the case by reason of conflict of interest or otherwise, the City Council may appoint a special attorney to conduct the case on behalf of the Commission. The complainant may introduce further evidence to support the claims alleged in his charge, either in person or by attorney. No member of the investigating committee shall participate in the deliberations of the commission on the case, except as a witness. 5. If the person charged shall fail to file an answer to the complaint, or shall fail to appear in person or by attorney at the hearing, the Commission shall proceed to consider the testimony offered and shall base its decision thereon.
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-19- conciliation efforts indicate that there is really no discrimination at all, or (2) because the person charged refuses to comply with the law or to cooperate with the Commission. If the conciliation fails because there is a full explanation of the matter which satisfies the Commission, it will terminate the proceedings at this stage. If the conciliation fails because the conciliators are unable to obtain compliance with the law, the Commission will issue a complaint against the individual charged. It will order a public hearing to be held on the charge. The details of the further proceedings are contained in subsequent sections of the ordinance.) Section 308. Public Hearing. 1. Upon filing the complaint, the Commission shall issue and cause to be served on the person charged a notice, containing a copy of the complaint and a notice of the time and place at which the hearing will be held on the complaint. The hearing must be held not less than ten (10) days after the issuance of the notice and must be held in a building open to the public in this city. The Commission may adjourn the hearing from time to time. 2. The person charged shall have the right to file a written answer to the complaint, to appear in person or by attorney at the hearing, to testify, to call witnesses in his behalf, and to cross-examine any witnesses who appear. 3. The Commission shall have the power to reasonably and fairly amend the complaint and the party charged shall have the power to reasonably and fairly amend his answer at any time before a final order is entered in the case. 4. The city attorney or an attorney designated by him shall conduct the case on behalf of the Commission. If the city attorney is unable to conduct the case by reason of conflict of interest or otherwise, the City Council may appoint a special attorney to conduct the case on behalf of the Commission. The complainant may introduce further evidence to support the claims alleged in his charge, either in person or by attorney. No member of the investigating committee shall participate in the deliberations of the commission on the case, except as a witness. 5. If the person charged shall fail to file an answer to the complaint, or shall fail to appear in person or by attorney at the hearing, the Commission shall proceed to consider the testimony offered and shall base its decision thereon.
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