§ 12-16. Enforcement—Filing of complaint and investigation.

(a)

Any person who claims to have been injured, or claims he or she is currently being injured, or who reasonably believes that he or she will be injured, by any practice made unlawful under this Ordinance may file a Complaint with the Commission.

(b)

Complaints shall be in writing, signed and verified by the Complainant. Complaints shall state the facts upon which the allegation of an unlawful discriminatory practice is based and shall contain such other information and be in such form as the Commission requires.

Commission staff shall assist Complainants, if necessary, in reducing Complaints to writing and shall assist in setting forth the information in the Complaint as may be required by the Commission.

(c)

A Complaint that alleges an unlawful employment practice under this Ordinance must be filed with the Commission no later than 180 days after the occurrence, or cessation of the alleged unlawful employment practice.

(d)

A Complaint that alleges any practice made unlawful under this Ordinance, other than an unlawful employment practice, must be filed with the Commission no later than one year from the date of the occurrence, or cessation of the alleged unlawful practice.

(e)

The Commission staff shall serve upon the Respondent and Complainant, in accordance with the North Carolina Rules of Civil Procedure, a copy of the Complaint and a notice advising the Respondent and Complainant of his or her procedural rights and obligations under this Ordinance within ten days after the Complaint is filed with the Commission.

(f)

A Respondent may file an answer to the Complaint within ten days after receiving a copy of the Complaint. Answers shall be signed and verified by the Respondent and shall be filed with the Commission.

(g)

With leave of the Commission staff, which leave shall be granted whenever it would be reasonable and fair to do so, Complaints and Answers may be amended at any time. Amendments shall be reduced to writing, signed, verified, and filed with the Commission. Amendments shall relate back to the date the original Complaint or Answer was filed.

(h)

The Commission staff shall, within 30 days after the filing of a Complaint, commence an investigation into the allegations contained in the Complaint.

(i)

In conducting an investigation, the Commission staff shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence to ascertain the factual basis of the allegations contained in the Complaint.

(j)

Further, the Commission staff may examine, record, and copy such materials and take and record the testimony or statements of such persons as reasonably necessary for the furtherance of the investigation.

(k)

In conducting an investigation, the Commission staff may, in accordance with the North Carolina Rules of Civil Procedure:

(1)

Issue subpoenas compelling access to or production of documents, materials, or other evidence;

(2)

Issue subpoenas compelling witnesses, including any party, to appear and give testimony before the Commission staff;

(3)

Issue subpoenas compelling witnesses, including any party, to appear and give testimony at a deposition;

(4)

Take depositions of witnesses, including any party; and

(5)

Issue interrogatories to a Respondent.

(l)

Upon written application to the Commission staff, a Respondent shall be entitled to the issuance of interrogatories directed to the Complainant, to the issuance of a reasonable number of subpoenas for the taking of depositions, and to the issuance of a reasonable number of subpoenas for the production of evidence.

(m)

In the case of refusal to obey a subpoena, answer an interrogatory, answer a question propounded in a deposition, or answer a question propounded during an interview conducted by the Commission staff pursuant to this section, the Commission staff or the Respondent may make a motion in the Superior Court to compel a person to obey the subpoena, answer the interrogatory, or answer the question. The North Carolina Rules of Civil Procedure shall apply to the making of such motions. If a person fails to obey an order issued pursuant to this subsection, the court may apply any or all of the sanctions available in Rule 37 of the North Carolina Rules of Civil Procedure.

(n)

Whenever the Commission staff concludes on the basis of a preliminary investigation of a Complaint that prompt judicial action is necessary to carry out the purposes of this Ordinance, the Commission may commence a civil action in the Superior Court for injunctive relief pending final disposition of the Complaint. Any injunctive relief shall be ordered in accordance with Rule 65 of the North Carolina Rules of Civil Procedure.

(o)

The commencement of a civil action to obtain injunctive relief shall not affect the continuation of the Commission staff's investigation or the initiation of a separate civil action provided for in this Ordinance.

(p)

Complaints may be resolved at any time by informal conference, conciliation, or persuasion. Nothing said or done in the course of such informal procedure may be made public by the Commission or used as evidence in any subsequent proceeding without the written consent of the person concerned. However, all resolutions of complaints shall be reduced to writing, shall be signed by the Complainant, the Respondent, and by the Commission staff and shall be enforceable as a binding contract by the Commission pursuant to the applicable provisions of North Carolina law, statutory and common.

(Ord. of 8-3-1995, art. VIII, § 8.1, eff. 1-1-1995)