West Chicago — Ch. 7 Housing § 7-44

(a) Complaints.
(1) Any person aggrieved in any manner by a violation of any provision of this article may file a written complaint with the city administrator. The complaint shall be under oath, addressed to the commission, and shall state:
a. The name and address of the complainant;
b. The name and address of the person or persons against whom the complaint is brought, if known to the complainant; and
c. The facts surrounding the alleged violation of this article.
Such complaint shall also include the name and address of all persons believed to have knowledge concerning the alleged violation. The commission shall provide a printed form of complaint for the use of aggrieved persons.
If the complaint is against the City of West Chicago; the complainant shall be referred to the Illinois Department of Human Rights and such complaint shall not be investigated, nor shall a hearing be held by the commission, under the provisions of this article. (2)
No fee shall be charged for the filing of the complaint.
(3) After the filing of the complaint, the city administrator shall, within three (3) days, serve a copy of the complaint personally or by certified mail on the person or persons charged.
(4) If the complaint alleges a violation of section 7-43 (b) and the respondent has rules or policies in effect setting forth internal procedures to address the subject of the complaint, such complaint shall not be investigated by the investigator unless the complainant has followed such procedures through to their conclusion.
(5) Any complaint shall be barred from consideration unless it is filed with the commission within six (6) months after the alleged discriminatory practice occurred. The commission may extend the time for filing the complaint for an additional sixty (60) days when conciliation efforts are pending or when procedures referred to in paragraph (4) above are pending.
(b) Investigation. The investigator designated by the city administrator shall investigate the complaint. Upon completion of the investigation, the investigator shall prepare and submit a report to the commission summarizing the information gathered during the investigation, along with a recommendation as to whether probable cause exists in support of the allegations. No member of the commission shall participate in the investigation of a complaint.
(c) Hearing. Upon receipt of the investigator's report, the commission shall determine whether or not to hold a hearing on the complaint. If the commission determines that a hearing shall not be held, all parties shall be so notified in writing. If the commission determines that a hearing shall be held, it shall set a hearing date, which shall be no later than sixty (60) days from receipt of such report. The investigator shall, if requested by any party, testify at such hearing. The chairperson of the commission shall preside at the hearing, and the commission shall hear testimony and accept relevant evidence. The strict rules of evidence applicable to judicial proceedings shall not apply to the hearings; rather, all evidence shall be admitted if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs, so long as it is relevant and material to the subject matter of the complaint. The hearing shall be conducted upon notice by certified mail to all parties, at least forty-eight (48) hours prior to the hearing.
Hearings shall be held in front of the full commission; provided, however, that no commission member shall participate in a hearing in which his or her impartiality might reasonably be questioned, including, but not limited to, instances where such member has a personal bias or prejudice concerning a party to the complaint or in which such member or member's spouse or relatives are a party to the complaint.
The commission shall provide a court reporter to take a transcript of the hearing. All evidence shall be under oath, administered by an officer authorized to administer oaths. All parties may be represented by counsel at their election and shall have the right to call witnesses and to cross examine witnesses. The complainant or the person charged, or the commission on its own motion, may have subpoenas issued in the name of the commission for persons to appear at commission hearings and for the examination of documents. Subpoenas shall only be issued to persons or for documents which have a substantial evidentiary connection with a complaint. Service of such subpoenas shall be made in the same manner as in civil actions and shall be enforceable through the circuit court of DuPage County.
Hearings may be continued by the commission. At the conclusion of the hearing, the commission may hold a closed meeting to consider the evidence and testimony presented to the extent permitted by the Open Meetings Act. The commission shall also prepare: (1)
A summary of the evidence taken;
(2) Its findings of fact.
(d) Action. The commission shall take any one (1) or more of the following actions:
(1) Resolve the complaint by conciliation. The commission is authorized to hold closed meetings for conciliation of complaints alleging a violation of section 7-43 (a). The complainant and respondent and their advisors are entitled to attend such closed meetings. A written record shall be made of the result of such conciliation.
(2) Dismiss the complaint.
(3) Make findings and recommendations to the city council. Such recommendations may include:
a. Filing a complaint for revocation of any applicable state license;
b. Transferring or referring the matter to an appropriate state agency;
c. Instructing the city prosecutor to file a complaint to enjoin the violation or a complaint for any other appropriate relief. If the commission feels that immediate court action is necessary, it may request that the mayor, and the mayor, in his discretion may instruct, the city prosecutor to file the complaint even though a hearing may be pending.
Such written findings and recommendations shall be served by mail upon the complainant and the party or parties charged within thirty (30) days of the conclusion of the hearing.
(e) Relief. At any time after final action by the commission, or in the event of the refusal of the commission to act on a complaint within the time limits herein set forth, the complainant may file a complaint in the circuit court for appropriate relief for the alleged violation.