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Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 28
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-28- 3. If the complainant objects in writing to such finding 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 such 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.") Section 305. Proceedings upon report of finding of probable cause. 1. If the investigating committee shall find probable cause to believe that the person charged has committed an unfair or discriminatory practice, it shall report the same to the Commission. 2. If the Commission shall find, on the report of the investigating committee or on its own investigation as provided in section 304(3) of this ordinance, probable cause to believe that the person charged has committed an unfair or discriminatory practice as defined by this ordinance, it shall direct appropriate person or persons to attempt to conciliate the matter, and it shall issue and cause to be served upon such person charged a notice stating the charges against such person and requesting the cooperation of the person charged in conciliation. Service of the notice may be registered or certified mail or by any means provided for the service of original notices in civil actions. (Comment. If the Commission finds through its screening process probable cause to believe that the person charged has violated this ordinance, it will direct that conciliation efforts take place. It will send a notice to the person charge. this will be the first contact between the Commission and the person charged. The Commission will also send conciliators to attempt to secure voluntary compliance with the law. The conciliators may well be the same
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-28- 3. If the complainant objects in writing to such finding 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 such 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.") Section 305. Proceedings upon report of finding of probable cause. 1. If the investigating committee shall find probable cause to believe that the person charged has committed an unfair or discriminatory practice, it shall report the same to the Commission. 2. If the Commission shall find, on the report of the investigating committee or on its own investigation as provided in section 304(3) of this ordinance, probable cause to believe that the person charged has committed an unfair or discriminatory practice as defined by this ordinance, it shall direct appropriate person or persons to attempt to conciliate the matter, and it shall issue and cause to be served upon such person charged a notice stating the charges against such person and requesting the cooperation of the person charged in conciliation. Service of the notice may be registered or certified mail or by any means provided for the service of original notices in civil actions. (Comment. If the Commission finds through its screening process probable cause to believe that the person charged has violated this ordinance, it will direct that conciliation efforts take place. It will send a notice to the person charge. this will be the first contact between the Commission and the person charged. The Commission will also send conciliators to attempt to secure voluntary compliance with the law. The conciliators may well be the same
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