Sec. 12-120. - Procedures for conciliation.
(a) Under this article, a person claiming to be aggrieved by a discriminatory practice, his agent or a member of the Charlotte-Mecklenburg Community Relations Committee may file a written complaint with the committee within one year after the alleged violation occurred or terminated, setting forth the facts upon which the complaint is based and setting forth facts sufficient to enable the committee to identify the person charged (referred to as "respondent"). Upon the filing of a complaint, the committee shall:
(1) Serve notice upon the complainant acknowledging the filing and advising the complainant of the time limits and choice of forums provided under the law; and
(2) Promptly serve notice of the complaint on the respondent, advising the respondent of his procedural rights and obligations under this article, together with a copy of the complaint. The respondent may file an answer to the complaint.
(b) The committee shall begin the investigation of a complaint within 30 days after receipt of the complaint and shall complete the investigation within 100 days after receipt unless it is impractical to do so. If the investigation is not completed within that time, the committee shall notify the complainant and respondent in writing of the reason for not doing so. The committee shall make final administrative disposition of a complaint within one year after the receipt of a complaint unless it is impractical to do so. If the committee is unable to do so, it shall notify the complainant and respondent, in writing, of the reasons for not doing so.
(c) If it is decided by the committee that, based on the results of its investigation, there is not reasonable cause to believe the respondent has engaged in a discriminatory practice, the committee shall notify the complainant and the respondent in writing of its decision within ten days after such decision has been made. A finding of no reasonable cause by the committee shall not preclude the complainant's private right of action.
(d) Unless the committee has notified the complainant and the respondent that there is not reasonable cause to believe the respondent has engaged in a discriminatory practice, the committee shall endeavor to eliminate the alleged discriminatory practice by conference, conciliation and persuasion. Any conciliation agreement arising out of conciliation efforts by the committee shall be an agreement between the respondent and the complainant and shall be subject to the approval of the committee. Each conciliation agreement shall be made public unless the complainant and the respondent otherwise agree and the committee determines that disclosure is not required to further the purposes of this article.
(e) A conciliation agreement negotiated by the committee may include, but is not limited to, the following:
(1) Sale, exchange, lease, rental, assignment, or sublease of real property to a person.
(2) Extension to all persons of the full and equal enjoyment of the advantages, facilities, privileges and services of the respondent.
(3) Reporting as to the manner of compliance.
(4) Posting of notices in conspicuous places in the respondent's place of business in a form prescribed by the court or the committee.
(5) Payment to the complainant of actual damages, including compensation for humiliation and embarrassment, and reasonable attorney's fees.
(f) At any time but not later than one year from the date of a conciliation agreement, the committee shall investigate whether the terms of the agreement are being complied with by the respondent. Upon deciding that the terms of the agreement are not being complied with by the respondent, the committee shall take appropriate action to ensure compliance.
(g) Hearings shall be conducted as follows:
(1) Unless the committee has decided that there is no reasonable cause to believe that a discriminatory practice has occurred, or unless it has negotiated a conciliation agreement, the committee shall hold a hearing, after proper notice and under rules and procedures adopted by the committee under this article, at which the presence of the complainant, the respondent, and any witnesses and records designated by the committee may be required.
(2) If the committee determines as a result of the hearing that the respondent has not engaged in a discriminatory practice, the committee shall state its findings of fact and conclusions of law and shall issue an order dismissing the complaint and furnish a copy of the order to the complainant, the respondent, the city attorney, and such other persons as the committee deems proper.
(3) If the committee determines that the respondent has engaged in a discriminatory practice, the committee shall state its findings of fact and conclusions of law and, if a conciliation agreement has not been negotiated, shall file an action alleging a violation of this article in the court. A copy of the findings and of any negotiated conciliation agreement shall be delivered to the complainant, the respondent, the city attorney, and such other persons as the committee deems proper.
(h) After a finding is made by the committee following a hearing, the committee may publish or cause to be published the name of a person whom it has determined to be engaged in a discriminatory practice and the terms of any conciliation agreement.
(i) Every person subject to this article shall make, keep, and preserve records relevant to the determination of whether discriminatory practices have been or are being committed, such records being maintained and preserved in a manner and to the extent required under the Civil Rights Act of 1968 and any regulations promulgated thereunder. Nothing in this article shall be interpreted to require the making, keeping, and preserving of records other than and except as required under the Civil Rights Acts of 1968 and any regulations promulgated thereunder.
(j) In connection with a complaint filed under this article, the committee or its designated representative shall have access at any reasonable time to premises, records and documents relevant to the complaint, and the right to examine, photograph, and copy evidence.
(k) Neither a complaint filed pursuant to this article nor the results of the committee's investigations, discovery, or attempts at conciliation, in whatever form prepared and preserved, shall be subject to inspection, examination, or copying under G.S. ch. 132.
(l) The provisions of G.S. 143-318.9 et seq. shall not be applicable to the activities of the committee to the extent that it is receiving a complaint or conducting an investigation, discovery, or conciliation pertaining to a complaint filed pursuant to this article.
(m) No portion of this article shall be construed to authorize the committee to make a final determination concerning the allegations of a complaint. The committee's authority and power shall not exceed receiving, investigating and attempting to conciliate complaints, monitoring compliance with the terms of conciliation agreements, and, where warranted, commencing an action in the court alleging the violation of this article and any other powers granted in section 12-119 by this article.
(Code 1985, § 12-80)