Number
241499
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to equal rights investigations, hearings, and determinations.
Section
109-5-1.5 cr
109-7-3.5 cr
109-13-1 rc
109-13-2 rc
109-15 am
109-17-1 am
109-19 rc
109-20 am
Analysis
This ordinance revises code provisions relating to investigations, probable cause of violation, hearing procedures, determinations, and commission actions by the equal rights commission. Specifically, this ordinance provides that the equal rights commission shall provide the accused with timely notice of the complaint, conduct hearings in a timely manner, ensure a record is created, and provide for administrative review and appeal.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1.Section 109-5-1.5 of the code is created to read:
109-5. Definitions.
1.5. COMMISSION PANEL means a 3-member panel appointed by the chair and approved by the commission. The commission panel shall conduct investigations, make probable cause determinations, and decide, by majority vote, the results of hearings.
Part 2. Section 109-7-3.5 of the code is created to read:
109-7. Equal Rights Commission.
3.5. A commission panel made up of 3 members may conduct investigations under s. 109-13, make probable cause determinations under s. 109-15, and decide, by majority vote, the results of hearings under s. 109-17.
Part 3. Section 109-13-1 and 2 of the code is repealed and recreated to read:
109-13. Investigations.
1. Serve by certified mail the accused with notice of the existence of the complaint, including a copy of the complaint, within 10 days of filing of the complaint.
2. Require any person to submit in writing reports and answers to questions relevant to the proceedings conducted under this chapter as the commission may prescribe, submission to be made within the period and under oath or otherwise as the commission may determine.
Part 4. Section 109-15 of the code is amended to read:
109-15. Probable Cause of Violation. At the conclusion of its investigation, the commission >>panel<< shall, in preliminary written findings of fact and conclusions based thereon, make a determination of whether probable cause exists to believe that a violation of this chapter has occurred. If the commission >>panel<< determines that no probable cause exists, it shall immediately send written notice of the determination to the accused and to the complainant. If the commission >>panel<< determines that there is probable cause for believing that a violation of this chapter has been committed, its preliminary findings of fact and conclusions shall contain an order setting a date for hearing to determine whether a violation of this chapter has occurred. The commission >>panel<< shall serve >>by certified mail<< the order upon the accused. A hearing ordered under this subsection shall be commenced within 30 days after the date it is ordered unless [[the accused]] >>either party<< petitions for and the commission >>panel<< consents to a later date. [[Prior to any hearing ordered under this subsection, the parties shall be entitled to full discovery rights, including adverse examination of witnesses who will testify at the hearing at a reasonable time before the date of the hearing.]] >>The commission panel’s probable cause determination is not appealable.<<
Part 5. Section 109-17-1 of the code is amended to read:
109-17. Hearing Procedure.
1. During any investigation and during [[any]] >>the commission panel<< hearing which is conducted to determine whether a violation of this chapter has occurred, the parties may be represented by counsel of their own choosing, and the parties or their representatives, if any, shall have an opportunity to examine all documents and records obtained or prepared by the commission in connection with the matter heard, to bring witnesses, to establish all pertinent facts and circumstances, to question or refute testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses. >>The commission panel shall ensure that a hearing record is created so that the commission panel’s determination may be reviewed by the full commission upon a properly filed appeal.<< During any hearing conducted by the commission >>panel<< to determine whether a violation of this chapter has occurred, all evidence including certified copies of records which the commission >>panel<< considers shall be fully offered and made a part of the record in the proceedings. The parties shall be afforded adequate opportunity to rebut or offer countervailing evidence. Upon request of the parties, the commission >>panel<< shall issue subpoenas to compel the attendance of necessary witnesses >>at the hearing<<.
Part 6: Section 109-19 of the code is repealed and recreated to read:
109-19. Determinations; Commission Actions. Upon reaching a determination, the commission panel shall immediately send written notice by first class U.S. mail, which shall be deemed served 3 days after the mailing date, of the determination to the complainant and defendant. If the commission panel determines that a violation of this chapter has occurred, its findings of fact and conclusions may contain one or more of the following orders or recommendations:
1. An order requiring the defendant to conform his or her conduct to this chapter.
2. Forfeitures in accordance with s. 109-25.
3. In the case of a licensee of the city, a recommendation of suspension or revocation of the license. The recommendation shall be submitted to the city clerk’s office.
Part 7. Section 109-20 of the code is created to read:
109-20 Administrative Appeal. 1. A complainant or defendant wishing to appeal the determination of the commission panel may file a written notice of appeal with the commission chair within 15 business days of service of the commission panel’s written determination. An appeal shall be deemed filed when delivered by personal service, U.S. mail, or private mail carrier to the office of the chair. The appeal shall set forth the determination to be appealed and a summary of the basis for the appeal. Upon a timely filed appeal, the commission shall hear the appeal via written briefs and shall issue a written decision to both the complainant and the defendant. The commission shall prepare written procedures for such administrative appeal process and shall proceed according to those written procedures.
2. In accordance with s. 68.16, Wis. Stats., the city has elected not to be governed by the provisions of ch. 68, Wis. Stats., with the exception of s. 68.13, Wis. Stats., which provides that the commission’s determination upon the conclusion of an administrative appeal shall be a final determination for purposes of judicial review. Any party to a proceeding resulting in a final determination may seek judicial review within 30 days of receipt of the final determination.
LRB
APPROVED AS TO FORM
_______________________________________
Legislative Reference Bureau
Date: ____01/17/2025________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________
Office of the City Attorney
Date: ______________________
Requestor
Department of Administration
Drafter
LRB 177729-2
Christopher Hillard
1/7/2025