Public hearing.
Springfield, Ill., City Code § 93.07
in effect§ 93.07. - Public hearing.
Upon receipt of the complaint, the commission shall order a public hearing to be held to determine by a preponderance of the evidence if the violation alleged occurred. The public hearing shall be held before the commission, a panel composed of three members of the commission designated by the chairman to hear and decide cases by majority vote, or a qualified hearing officer obtained by the commission, who shall make findings of fact, determine if the alleged violation occurred, and make recommendations to resolve or alleviate the conflict or similar conflicts which may occur in the future.
The chairman may designate two additional members to a panel to act as alternates. Alternate members shall not participate in the panel's decision except when one or more regular members are absent or otherwise unable to participate in the decision.
If the full commission or a panel designated by the chairman conducts said public hearing, its findings, determinations and recommendations shall be stated in writing which upon being signed by the chairperson and/or by all presiding members of the commission or panel shall constitute a final order of the commission. If a hearing officer conducts said public hearing, the commission shall at its next meeting, or within a reasonable time, after receipt of the hearing officer's report adopt, modify, or reject in whole or in part, and in writing, findings, determinations, and recommendations of the hearing officer, which upon being signed by the chairperson and/or all members of the commission attending such meeting shall constitute a final order of the commission. The chairman shall arrange for the service of a copy of the final order of the commission, either personally or by certified mail, on each person directly affected thereby.
All proceedings referred to herein shall be conducted in accordance with the rules of the commission which shall be adopted by the commission from time to time and which shall be provided to any person by the office upon request.
(a) Notice of hearing. The office shall cause to be issued and served in the name of the commission, a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of such complaint at a public hearing. The notice shall specify the time, date and place of such hearings. Notice shall be served by registered or certified mail, return receipt requested, or by personal service.
(b) Public hearing.
(1) After a complaint has been noticed for hearing, the commission shall conduct said hearing and make a determination concerning the complaint.
(2) The office of the corporation counsel or the director or designee shall present the city's case before the commission. Efforts at conciliation shall not be received into evidence.
(3) If the respondent fails to answer the complaint, the commission shall proceed on basis of the evidence in support of the complaint.
(4) The respondent may appear at the hearing with or without representation, may examine and cross examine the witnesses and the complainant, and may offer evidence.
(5) The rules of evidence prevailing in the courts of law in this city shall not be applicable to nor bind any party, the representative of any party, nor any administrative person or body in any proceeding hereunder but such parties, persons and bodies shall consider any and all reliable, probative, and substantial evidence, statistical or otherwise, produced by anyone at any proceeding hereunder which may tend to prove or disprove any act or acts of discrimination alleged in the complaint under consideration. All testimony in any proceeding hereunder shall be given under oath or affirmation.
(6) At the conclusion of the hearing, the commission shall render a decision as to whether or not the respondent has engaged in an unlawful practice or has otherwise violated the provisions of this chapter or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation. If it is determined that a respondent has not engaged in an unlawful practice, the commission shall issue, and cause to be served on the complainant and respondent, a decision and order dismissing the case. If it is determined that a respondent has engaged in an unlawful practice, the commission shall issue, and cause to be served on such respondent, a decision and order, accompanied by findings of fact and conclusions of law, requiring such respondent to cease and desist from such unlawful practice, and to take such action as in the judgment of the commission will carry out the purposes of this chapter and provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation. Such action may include, but shall not be limited to, the following acts on behalf of the complainant and other aggrieved individuals: membership in any respondent labor organization, admitting to or allowing to participate in an apprenticeship training program; the extension of full, equal and unsegregated accommodations, advantages, facilities and privileges; payment of compensatory damages; extending credit, referring for employment, selling, exchanging or leasing real property, or providing housing accommodations.
(c) Remedies. The recommendations, findings and determinations referred to in subsection (b)(6) above may also include but are not limited to:
(1) A determination of actual and punitive damages including possible compensatory damages, and/or recommendation of a fine to be imposed upon the person(s) found to have violated this chapter or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation.
(2) The hiring, reinstatement or job upgrading of complainant with or without back pay and/or provision for fringe benefits as the complainant may have been denied in employment-related complaints.
(3) Attorneys fees and costs.
(4) Any of the remedies found in article VII of chapter 38 of the City Code.
(d) Fines. Persons found in violation of provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation, or sections 93.09, 93.10, 93.11, 93.12 and 93.18 shall be fined:
(1) In an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation under chapter 93 or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation; and
(2) In an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation under chapter 93 or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation during the five-year period ending on the date of the filing of this complaint; and
(3) In an amount not exceeding $50,000 if the respondent has been adjudged to have committed two or more violations under chapter 93 or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation during the seven-year period ending on the date of the filing of this complaint; except that if the acts constituting the violation that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting a violation under chapter 93 or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation then the civil penalties set forth in subsections (2) and (3) may be imposed without regard to the period of time within which any subsequent violation under chapter 93 or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation occurred.
(e) Penalty. If fines hereunder are not paid within 30 days after they are assessed, they shall be considered to be debts to the City of Springfield or to the party to whom they are owed and shall be collectable in the same manner provided by law for the collection of all other debts.
(f) Judicial review. Any person aggrieved by any final order or decision of the commission in a matter, pursuant to the provision of this chapter or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation, is entitled to judicial review thereof upon filing a written petition for such a review with the Circuit Court of the Seventh Judicial Circuit or any court of competent jurisdiction within 35 days from the date that a copy of the decision or final order sought to be reviewed was served on the party affected thereby. The reviewing court shall have authority to grant to the petitioner, or to any other party, such temporary relief, restraining order, or other order as the court determines is just and proper; affirm, modify, or set aside, in whole or in part, the order, or remand the order for further proceedings; and enforce the order to the extent that the order is affirmed or modified.
(Ord. No. 168-03-07, § 1(Exh. A), 3-20-07; Ord. No. 331-9-11, § 1(Exh. A), 9-16-11; Ord. No. 436-12-13, § 1(Exh. A), 12-17-13)
Source: City of Springfield, Illinois, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/il/springfield/codes/code_of_ordinances?nodeId=TITIXGERE_CH93OFCORE_S93.07PUHEFetched: 11/8/2026