A.
Any person claiming to be aggrieved by an alleged
discrimination prohibited by any section of this chapter may make,
sign and file with the Human Relations Commission, hereinafter referred
to as the "Commission," a complaint, in writing, under oath. The complaint
shall state the name and address of the person, firm, association,
partnership, corporation, agency, department or board alleged to have
committed the act of discrimination, together with the particulars
thereof; and the complaint shall also contain such other information
as may be required from time to time by the Commission. A complaint
must be filed within six months from the date of the occurrence alleged
to be a violation of this chapter. A complaint filed with the Federal
or a State Human Relations Commission within six months from the date
of occurrence shall be deemed to have complied with the provisions
of this section.
B.
Whenever the Commission has received reliable information
from any individual or individuals that any person has been engaged
or is engaged in any discriminatory practice within the scope of this
article and, after a preliminary investigation by the Commission's
staff authorized by the Chairman, it is satisfied that said information
warrants the filing of a complaint, the Commission, on its own motion
and by action of not fewer than four Commissioners, may issue a complaint
in its name in the same manner as if the complaint had been filed
by an individual.
The Commission shall meet at least once a month.
In addition, the Chairman or a majority of the Commission shall have
the right at any time to call special meetings of the Commission upon
five days notice to the members thereof. The Commission shall establish
procedures for the conduct of said meetings.
A.
After the filing of any complaint, the Chairman shall
consider the complaint and shall refer it to the Commission's staff
for prompt investigation and ascertainment of the facts. The results
of the investigation shall be made as written findings. A copy of
the findings shall be furnished to the complainant and to the person,
firm, association, partnership or corporation, hereinafter referred
to as the "respondent," against whom or which the complaint is made.
B.
If the finding is that there is probable cause for
believing a discriminatory act has been or is being committed within
the scope of this chapter the Commission shall endeavor to eliminate
the discrimination by conference, conciliation and persuasion.
C.
If an agreement is reached for the elimination of
the discrimination as a result of the conference, conciliation and
persuasion, the agreement shall be reduced to writing and signed by
the respondent, and an order shall be entered by the Commission setting
forth the terms of the agreement. The Commission shall not enter an
order at this stage of the proceedings unless it is based upon a written
agreement. If no such agreement can be reached, a finding to that
effect shall be made and reduced to writing, with copies furnished
to the complainant and to the respondent.
A.
In case of failure to reach an agreement for the elimination
of the acts of discrimination and upon the entry of findings to that
effect, the entire file, including the complaint and any and all findings
made, shall be certified to. The Chairman shall cause a written notice
to be issued and served in the name of the Commission, together with
a copy of the complaint, requiring the respondent to answer the charges
of the complaint at a public hearing before the Commission at such
time and place as may be set forth in the notice. The Chairman shall
thereupon appoint a hearing tribunal of three persons, who shall be
members of the Commission, to hear such complaint. A transcript of
all testimony at the hearing shall be made. The case in support of
the complaint shall be presented at the hearing by the general counsel
of the Commission, and no Commissioner who previously made or participated
in the investigation or caused the complaint to be filed shall participate
in the hearing as a member of the tribunal or in the review of a decision
of a hearing tribunal pursuant to any provisions of this chapter.
B.
The respondent may file a written answer to the complaint
and appear at the hearing in person or otherwise, with or without
counsel. The respondent may submit testimony and shall be fully heard.
He may examine and cross-examine witnesses.
C.
The Commission may permit reasonable amendment to
be made to any complaint or answer. Testimony taken at the hearing
shall be under oath and recorded.
D.
Subpoena power.
(1)
In the administration and enforcement of the provisions
of this chapter, the Commission shall have the power to administer
oaths, to issue subpoenas and to compel the attendance and testimony
of witnesses and the production of books, papers, records and documents
relevant or necessary for proceedings within the geographical area
under the jurisdiction of the City of Hagerstown. Any such subpoena
shall be served by the Police Department of the City of Hagerstown
upon written request by the Commission.
(2)
Any person having a hearing before a tribunal or hearing
board under this chapter shall have the right to subpoena witnesses
and the production of books, papers, records and documents relevant
or necessary for the proceedings as hereinabove set forth. Upon the
request of said person, the subpoena shall issue as a matter of course.
(3)
In case of said persons or times being located outside
of the jurisdiction of this Commission, the Commission may apply through
the Circuit Court in any county to obtain said attendance and testimony
of witnesses and the production of books, papers, records and documents.
(4)
In case of refusal to obey a subpoena for the attendance
of a witness or the production of books, papers, records and documents,
after proper notice has been given and upon a finding of facts that
the attendance and testimony of the witness or the production of the
books, papers, records and documents is relevant or necessary for
the proceedings of the Commission, the Commission may apply to the
Circuit Court for Washington County, Maryland, for an order requiring
the attendance and testimony of witnesses and the production of books,
papers, records and documents. The same shall be punishable by the
court through its usual powers of equity in addition to the further
provisions of penalty set forth in this chapter hereafter.
E.
If upon all the evidence the Commission finds that
the respondent has engaged in any discriminatory act within the scope
of any of these Articles, it shall so state its findings. The Commission
thereupon shall issue and cause to be served upon the respondent an
order requiring the respondent to cease and desist from the discriminatory
acts and to take such affirmative action as will effectuate the purposes
of the particular Article.
F.
If upon all the evidence the Commission finds that
the respondent has not engaged in any such alleged discriminatory
act within the scope of the particular Article, it shall state its
findings of fact and shall similarly issue and file an order dismissing
the complaint.
G.
If a decision of a hearing tribunal is not unanimous,
the aggrieved party may petition within 10 days to the Mayor and Council
for a review of the decision. The Mayor shall select a review board
of three persons consisting of the remaining eligible members of the
Commission and any other person or persons he may designate. This
review board shall limit its review to the entire record of the proceedings
before the hearing tribunal; provided, however, that if deemed necessary,
said review board may order further evidence if it is deemed necessary
to effectuate the purposes of the review. After such review, the Commission,
based on the decision by said board, shall affirm, reverse or modify
the decision of the hearing tribunal.
During the investigation of any complaint alleging
a violation of this chapter and until said matters reach the stage
of public hearings, the activities of all members of the Commission,
employees or agents thereof in connection with said investigation
shall be conducted in confidence and without publicity, and the Commission
shall hold confidential any information in relation thereto, including
the identity of the complainant and the respondent, except that:
It shall be unlawful for any person to commit
any of the following acts in addition to all prohibited and unlawful
acts prohibited by any other federal, state, county or City statutes,
ordinances or regulations:
A.
To knowingly or willfully file a false complaint under
this chapter.
B.
To willfully or knowingly falsify any documents, records
or reports that have been submitted or made or subpoenaed pursuant
to the provisions of this chapter.
C.
To willfully give false testimony before the Commission
or any tribunal or hearing board thereof.
D.
To intimidate any witness, complainant, person or
respondent in any proceedings before the Commission or at any stage
of the procedures set forth in this chapter.
E.
To claim to be aggrieved under the provisions of this
chapter and:
(1)
Said person has claimed to be aggrieved under the
provisions of this chapter;
(2)
Said person has pursued the complaint under the provisions
of this chapter;
(3)
The Commission has found the complaint to be unfounded
or has not pursued it based on its initial investigation or has dismissed
it without further action against the respondent; and
(4)
The complaint has been made knowing the same to be
false or malicious.
F.
For any person to receive remuneration of any kind
whatsoever for participation in any demonstration within the City
of Hagerstown in reference to any of the acts that are defined as
discrimination in any portion or portions of this chapter.
G.
To coerce, intimidate, threaten or interfere with
any person in the exercise or enjoyment of or on account of such person
having exercised or enjoyed or on account of such person having aided
or encouraged any other person in the exercise or enjoyment of any
right granted or protected by this chapter.
A.
At any time after a complaint has been filed, if the
Commission believes within its absolute discretion that appropriate
civil action is necessary to preserve the status of the parties or
to prevent irreparable harm from the time the complaint is filed until
the time of its final disposition, the Commission may bring action
to obtain a temporary injunction in the Circuit Court for Washington
County, Maryland.
B.
If any respondent refuses to comply with an order
provided for in any provisions of this chapter, the Commission may,
if represented by its general counsel, institute litigation in the
appropriate court of Washington County, Maryland, to enforce compliance
with any provisions of this article, or in any other appropriate board
in any jurisdiction.
A.
Any respondent has a right to take an appeal after
exhausting the remedies set forth herein for the Commission to the
Circuit Court for Washington County, Maryland, in accordance with
the provisions of the Maryland Rules of Practice and Procedure governing
appeals from actions of administrative agencies.
B.
The Commission or respondent may appeal to the Court
of Special Appeals of Maryland from any adverse decision of the Circuit
Court on such appeal.
A.
The provisions of this chapter shall be construed
as vesting in all persons the rights and privileges as set forth herein,
and any person who is aggrieved by any act prohibited by the provisions
of this chapter in any manner may bring an appropriate action in law
or in equity in the Circuit Court for Washington County, Maryland,
for any relief either in law or in equity that may be appropriate,
in addition to pursuing the procedures and seeking the remedies established
herein.
B.
The remedies and procedures as set forth and provided
in this chapter are in addition to and not in derogation of all federal,
state, county and City statutes, acts, ordinances or regulations that
may be applicable to the practices of the type referred to in this
chapter.
A.
Any person who shall violate any of the provisions
of this chapter or who fails to comply with any of the orders as provided
for herein, severally for each and every such violation and noncompliance
respectively, shall be guilty of a misdemeanor and shall be punished
by a fine not exceeding $500 or imprisonment for not exceeding 60
days in the county jail, or by both fine and imprisonment, within
the discretion of the court.
B.
The application of the above penalty provisions are
in addition to and not in derogation of or limitation of any other
applicable enforcement procedures or remedies as set forth in this
chapter.
