Although almost all complaints are resolved without the necessity of a Public Hearing, the following information is provided as a summary of the Public Hearing process.
Notification of Public Hearing
If the conciliation and persuasion process fails (or earlier, if circumstances warrant) a written notice of a Public Hearing will be served on the Respondent to require their appearance at a Public Hearing to answer the charges of the Complaint.
NOTE: In housing complaints only, a Complainant, a Respondent, or an aggrieved person on whose behalf a complaint was filed may elect to have the complaint decided in court, instead of in a public hearing. If any person elects to go to court rather than to a public hearing, that person must notify the Commission, the Director, and all Complainants and Respondents no later than twenty (20) days after he or she receives notification of a public hearing.
Hearing Panel
The Hearing Panel for any Public Hearing will be made up of at least three (3) Human Relations Commissioners, who will be called Hearing Commissioners. PLEASE NOTE: If any Human Relations Commissioner has been a party to the filing of the complaint to be heard, or has been involved in the investigation in any manner, that Human Relations Commissioner shall not be a participant in the Public Hearing, except as a witness.
Time Limits
The Public Hearing will be held no less than thirty (30) days, nor more than ninety (90) days, after the notice of the Public Hearing is served on the Respondent. A continuance to a later date may be granted if the Complainant, or Respondent, or Director makes a written request for continuance and it is granted.
Place
Public Hearings will be held at City Hall, Lawrence, Kansas.
Subpoenas
Subpoena(s) will be issued by the Director if either the Complainant or Respondent apply for the issuance of a subpoena for the attendance of any person (as a witness) or the production or examination of any books, records, or documents pertinent to the proceeding.
Subpoena(s) may be issued by the Hearing Commissioners to compel the attendance of any person or to require the production of any books, papers, records, or other materials relevant, or possibly relevant, to the complaint. If any subpoenaed person fails to attend and testify, or subpoenaed documents are not produced, the Hearing Commissioners may seek enforcement of the subpoena(s), and may continue the Public Hearing until compliance can be compelled.
Representation
An attorney appointed by the City Manager shall present the case in support of the complaint.
The Complainant may appear in person with or without counsel, present evidence, cross-examine witnesses, submit testimony, and request the completed complaint file be submitted as evidence.
Any Commissioner who participated in the investigation before the public hearing shall not participate in the hearing except as a witness.
No endeavors at conciliation may be received as evidence.
The Respondent may file written verified answer to the complaint, as provided in Subsection 10-108.7, and appear in person or otherwise, with or without counsel, present evidence, cross-examine witnesses, and submit testimony.
Amendments of Complaints and Answers
The Hearing Commissioners, or the Complainant, have the power to amend any complaint reasonably and fairly, and the Respondent(s) has/have the power to amend his or her answer.
Rules of Evidence
The Hearing Commissioners are bound by the rules of evidence prevailing in courts of law or equity, and only relevant evidence of reasonable and probative value shall be received.
Orders
If the Hearing Commissioners rule in favor of the Complainant, orders will be issued against the Respondent.
If the Hearing Commissioners rule in favor of the Respondent, orders will be issued dismissing the complaint.
Orders will be served by certified mail, return receipt requested.
Requests for Reconsideration
If any party is dissatisfied with the decision or order of the Hearing Commissioners, the dissatisfied party may apply for reconsideration of any matter determined in the public hearing. Applications for reconsideration must be received by the Director at the Official Office of the Commission (the Human Relations Division) within ten (10) days from the date of the receipt of notification of any decision or order. The purpose of an application for reconsideration of a decision or order is to give the Hearing Commissioners an opportunity to correct any errors in their decision and order.
Applications for reconsideration must state the specific ground(s) on which the applicant considers the decision or order to be in error.
Applications for rehearing shall be granted or denied within fourteen (14) days from the date the application is received. If reconsideration is not granted within fourteen (14) days, it will be deemed denied. In their order granting reconsideration, the Hearing Commissioners shall specify the issue or issues to be reconsidered and any additional evidence, if any, to be allowed. If additional evidence is to be allowed, the Director will schedule a public hearing on the matter no less than ten (10) days nor more than twenty-five (25) days after the application for reconsideration is granted.
If reconsideration is granted, the Hearing Commissioners shall determine the matter within the later of thirty (30 days after the application for reconsideration is granted or fourteen (14) days after the conclusion of the public hearing, if one is held.
Final Decisions and Orders
An order issued after reconsideration, which nullifies, changes, or modifies the original order or decision, shall have the same force and effect as the original order or decision.
The final decision and order of the Hearing Commissioners shall be the decision of the Human Relations Commission.
Appeal and Enforcement
The final decision and order of the Human Relations Commission may be appealed to the District Court of Douglas County, Kansas, in accordance with Kansas Statutes Annotated (K.S.A.) 12-16,106.
The Director or the Commission may secure enforcement of the final decision and order of the Human Relations Commission, in accordance with K.S.A. 12-16,106, through an attorney appointed by the City Manager.