§ 12-17. Reasonable cause, conciliation efforts, and right to sue letters.

(a)

If the Complaint is not sooner resolved, the Commission staff shall, upon completion of the investigation, determine whether or not there is reasonable cause to believe that an unlawful discriminatory practice has occurred, is occurring, or is going to occur.

(b)

The Commission staff shall make its determination on reasonable cause as promptly as possible and, so far as practicable, no later than 100 days after the Complaint was filed. If the Commission staff is unable to complete the investigation within 100 days after the filing of the complaint the Commission staff shall notify the complainant and respondent in writing of the reasons for not doing so.

(c)

At the end of each investigation, a final investigative report will be prepared and, notwithstanding the prohibitions and requirements with respect to disclosure of information, the report will be made available to the parties upon request.

(d)

If the Commission staff determines that there is not reasonable cause to believe that an unlawful discriminatory practice has occurred, is occurring, or is going to occur, it shall dismiss the Complaint and notify the Complainant and the Respondent of its decision. At the same time, the Commission staff shall issue a right-to-sue letter to the Complainant.

(e)

In the event the Commission staff determines that reasonable cause does not exist, the Complainant may make a written request to the Commission that such decision be reconsidered. Such request shall be filed with the Commission staff within 30 days of the date the Commission staff issued its finding of no reasonable cause. The request for reconsideration shall be heard by a panel of three Commission members. The panel members shall be selected by the Commission. As a prerequisite to serving on this panel, the Commission member shall receive appropriate training by the North Carolina Human Relations Commission. Such training shall include Ordinance coverage and scope, how to prove if discrimination has occurred, and how to determine appropriate remedies if discrimination is proved.

(f)

If the Commission staff, or the Commission panel following request by the Complainant to the Commission for reconsideration of the Commission staff finding of no reasonable cause, determines that reasonable cause exists, the Commission staff shall notify the Complainant and the Respondent and shall attempt to resolve the Complaint by conference, conciliation, and/or persuasion.

(g)

All conciliation agreements shall be signed by the Complainant and the Respondent and shall be recognized as a legally enforceable contract. The Commission shall also be a party to all conciliation agreements which resolve Complaints. The Commission shall have the authority to enforce conciliation agreements pursuant to the applicable provisions of North Carolina law, statutory and common law. Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Commission determines that disclosure is not required to further the purposes of this Ordinance.

(h)

If the Commission staff, after a finding of reasonable cause, is unable to resolve the Complaint by conference, conciliation, or persuasion, it shall issue a written declaration that conciliation efforts have failed.

(i)

If the Commission staff issues a written declaration that conciliation efforts have failed, the Commission staff shall, upon written request of the Complainant, issue a right-to-sue letter to the Complainant. Such written request shall be filed with the Commission staff by the Complainant within 15 days of the date the declaration of conciliation failure is served on the Complainant.

(j)

Upon making a declaration of conciliation failure, the Commission staff may, in cases arising under section 12-7 (Fair Employment), section 12-12 (Public Accommodations), and section 12-15 (Other Prohibited Discriminatory Acts) apply to the Director of the Office of Administrative Hearings, pursuant to N.C. Gen. Stat. § 7A-758, for the designation of an administrative law judge to preside at a hearing of the case.

(k)

In cases arising under section 12-9 (Fair Housing) in which the Commission has issued a declaration of conciliation failure, the Commission must apply to the Director of the Office of Administrative Hearings, pursuant to N.C. Gen. Stat. § 7A-758, for the designation of an administrative law judge to preside at a hearing of the case.

(l)

In the event the Commission makes application to the Office of Administrative Hearings, it shall do so within 30 days of the date the Commission staff issued its written declaration of conciliation failure.

(m)

If within 130 days from the date the Complaint was filed, the Commission staff has failed to make a determination on the issue of reasonable cause, the Commission staff shall, upon written request of the Complainant, issue a right-to-sue letter to the Complainant.

(n)

If within one year from the date the Complaint was filed, the Commission has not made its final administrative disposition of the complaint, it must notify the Complainant and the Respondent in writing of reasons for delay.

(Ord. of 8-3-1995, art. VIII, § 8.2, eff. 1-1-1995)