§ 109-6. Enforcement.  


Latest version.
  • A. 
    Filing of complaints.
    (1) 
    The Town shall receive and investigate complaints under this chapter. The Supervisor shall designate the Director of Community Development of the Town to perform the function contained in this section and may also designate a not-for-profit fair housing organization to either assist the Director of Community Development in conducting investigations or to complete said function and investigations.
    (2) 
    Any person or organization, whether or not an aggrieved party, may file with the Supervisor's designee a complaint of a violation of this chapter.
    (3) 
    The Supervisor's designee may investigate individual instances and patterns of conduct prohibited by this chapter, even without a complaint from another person or organization, and may initiate complaints in connection therewith.
    B. 
    Investigation. The Supervisor's designee shall notify the accused party, in writing, within 30 days of the filing of any complaint. The designee shall make a prompt investigation in connection with the complaint and, within 100 days after a complaint is filed, determine whether the Town has jurisdiction and, if so, whether there is probable cause to believe that the person named in the complaint (hereinafter referred to as the "respondent"), has engaged or is engaging in art unlawful discriminatory practice. If, during or after the investigation, the designee believes that appropriate action to preserve the status quo or to prevent irreparable harm is advisable, the designee shall advise the Town Attorney, in writing, to bring immediately, in the name of the Town, any action necessary to preserve such status quo or to prevent such harm, including the seeking of temporary restraining orders and preliminary injunctions.
    C. 
    Action. If, at the conclusion of the investigation, the Supervisor's designee shall determine that there is probable cause to credit the allegation of the complaint, the designee shall certify the matter to the Town Attorney, who shall institute proceedings in the name of the Town. In the event of a conflict of interest between Town personnel and the repondent(s), the Supervisor's designee may refer the matter to outside counsel, providing notice to interested parties within 30 days of the date upon which the conflict was determined.
    [Amended 5-23-2016 by L.L. No. 5-2016]
    D. 
    Conciliation. If, in the judgment of the Supervisor's designee, a conciliation agreement would satisfactorily resolve the complaint, he/she shall seek to facilitate such an agreement, which may include provisions requiring the respondent to refrain from unlawful discrimatory practices and pay such compensation and/or perform affirmative relief as is agreed upon by the parties. Conciliation agreements shall not be subject to confidentiality.
    [Added 5-23-2016 by L.L. No. 5-2016]