POLICY NUMBER.
93-001
06/16/93
PUBLIC HEARINGS
I.
Notification:
The Commission voted
to amend the existing language concerning public hearing notification
letters. The following language shall be included on all public
hearing notification letters:
"The scheduled
public hearing date is mandatory; no continuances will be granted
except for extraordinary good cause shown."
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POLICY NUMBER. 93-002
10/06/93
Amended 07/06/94
PUBLIC
HEARINGS
I.
Prehearing Conference:
A. Before a public hearing,
the Commission may, at its discretion or upon motion of any
party, direct all parties and any representatives to meet with
representatives of the Commission and its staff to consider
any or all of the following at a prehearing conference:
1. Simplification or
clarification of the issues;
2. Necessity or desirability
of amendments to the complaint;
3. Stipulations, admissions
of fact and of the contents and authenticity of documents;
4. Ways to speed the
discovery and presentation of evidence;
5. Such other matters
as may aid in the orderly and expeditious disposition of the
proceeding, including disclosure of the names of witnesses
and of documents or other exhibits which will be introduced
in the course of the proceeding.
B. The prehearing conference
shall be closed unless the Commission, at its discretion, determines
that the public interest would be served best if the conference
or any part thereof is open to the public. Either party,
at that party's expense, may arrange to have the prehearing
conference recorded by a stenographer. Conciliation discussions,
however, will not be a part of the record and will be closed
to the public.
C. All agreements of
the staff and parties at the prehearing conference will be set
forth in a prehearing order, signed by the Executive Director
and the parties. This order shall control the subsequent
course of proceedings subject to the approval of the Commission.
D. Prehearing Procedures
1. After a complaint
has been scheduled for a public hearing, but prior to the
prehearing conference, either party may request of the
other party the production of reasonable and relevant, existing
records and documents. Reasonable charges may be imposed before
complying with such request.
2. If a party
refuses a request under paragraph A above, the Commission
upon application by the requesting party, will during the
prehearing conference, determine whether the request
shall be made a Commission request pursuant to 11-1-10
(b)(11)of the Human Rights Ordinance.
3. Any evidence,
document or testimony that is requested by the Commission
and not produced by the party may result in an adverse
inference ruling by the Commission pursuant to 11-1-14
of the Human Rights Ordinance.
4. All evidence
and documents will be exchanged during or before the prehearing
conference. Documents shall be marked for identification and
tabbed for ease of reference. Any document not provided
during or before the prehearing conference will not be admitted
as evidence, absent a showing of good cause.
5. Witness lists will
be exchanged during or before the prehearing conference.
Witness lists shall include the name of each witness, her
or his relationship to the party and a brief statement of
the substance of the expected testimony. Any witness not
listed before or during the prehearing conference will not
be permitted to testify, absent a showing of good cause.
6. The public
hearing date will be set during the prehearing conference.
Requests for continuances will not be granted, absent a
showing of good cause.
II. Public Hearing:
A. The parties have
the right to present their own testimony, witnesses, and evidence
under oath or affirmation and to cross-examine witnesses.
They may direct the presentation of their cases themselves
or may be represented by counsel of their own choice.
B. Prior to the hearing,
the parties may file with the Commission such written statements
as they feel necessary. Such written statements must
be made a part of the public record.
C. Public Hearing Procedures:
1. Public
Hearings shall be limited to three and one-half (3 1/2)
hours. Both Complainant and Respondent are limited
to ninety (90) minutes each for the presentation of their
case. Cross examination and redirect will be charged
to the respective party. Time limits shall not be
extended except for good cause shown. The Commission
at its option may continue the hearing to the following
evening and each successive evening until the hearing is
completed.
2. Each party shall
have the option to enter opening statements. All opening
statements shall be in writing and must be received by the
Human Rights Commission seven (7) calendar days prior to
the date of the public hearing.
3. The Chairperson
of the Commission shall preside over the public hearing.
In the absence of the Chairperson, the Vice Chairperson
or another Commissioner designated by the Chairperson shall
preside over the public hearing.
4. The Commission
shall not be bound by the formal rules of evidence applicable
in a court of law.
5. Evidence including,
but not limited to, the following will be considered by
the Commission:
a. Stipulations
- questions of fact relating to the matter in controversy
which are agreed to by the parties.
b. Testimony that
is given under oath or affirmation administered by a notary
public.
c. Exhibits - relevant
physical exhibits including, but not limited to, photographs,
moving pictures, slides, and other audio-visual aids.
d. Depositions
- verbatim, sworn or affirmed statements taken with opportunity
for cross examination by the opposing party.
e. All other relevant
and competent evidence, witnesses and documentary evidence
that is made available during the hearing.
6. The hearings shall
be guided by, but not necessarily limited to, the following
procedures:
a. The hearing
will be conducted by a quorum of the Commission and the
case will be decided by a majority vote of the Commissioners
present and voting.
b. By a majority
vote of the Commission, witnesses may be excluded from
the proceeding prior to testifying.
c. The Commissioners
shall receive the available and critical evidence prepared
and selected by the Executive Director and submitted to
the Commissioners, the Complainant and the Respondent.
d. The Complainant
shall present evidence and introduce exhibits and
examine witnesses. The Respondent shall be
afforded the opportunity to cross examine said witnesses.
e. The Respondent
shall present evidence and introduce exhibits and examine
witnesses. The Complainant shall be afforded the
opportunity to cross examine said witnesses.
f. At the
option of the Chairperson, the Commission shall allow
redirect by either of the parties.
g. The Chairperson
may declare a recess during which time the Commissioners
may decide what further information they require in order
to reach a decision, consider a legal issue or any other
matter considered appropriate by the Chairperson.
h. The hearing
will be reconvened and the Commissioners and the Executive
Director may ask further questions as necessary of the
complainant, respondent, witnesses and staff.
i. Complainant's
brief closing statement.
j. Respondent's
brief closing statement.
k. The Chairperson
shall conclude the hearing and the Commission will deliberate
and decide the case.
7. Throughout the
process, the County Attorney shall function as counsel to
the Commission.
8. Certified Verbatim
Recording:
All public hearings
of complaints shall be recorded by a Virginia Certified
Verbatim Recorder. The Commission may at its option
require the transcription of the recording. The Commission's
copy of the transcript shall be available for review at
the Commission's office during regular hours. If parties
to the hearing want additional transcripts, they must purchase
them from the Certified Verbatim Recorder.
9. Decision and Enforcement:
The Commission will
reach a decision as soon as possible and will issue its
findings and conclusions. Said findings and conclusions
shall either dismiss the complaint in whole or in part or
find that a violation of the Ordinance has occurred.
If the Commission finds that there has been a violation,
it shall issue a recommendation which may require the Respondent
to cease and desist from unlawful practices or to take remedial
action the Commission sees as necessary to overcome the
effects of past discrimination. The Commission will
notify the Complainant and Respondent of its decision and
recommendations. The Complainant and Respondent must
comply with the terms of the Commission's recommendations
within 60 days of service of such notice, or the Commission
may request the County Attorney to seek enforcement of the
Ordinance in the appropriate court.
The Commission may
upon its motion issue a memorandum opinion. The
Commission shall consider the following criteria in determining
whether to issue a memorandum opinion;
1. Whether there
is a recommendation for significant monetary damages;
2. The likelihood
of whether the case will go before the Board of Supervisors
for approval to go to court; and
3. The complexity
of the case.
All dissenting opinions
shall be appended to the majority opinion.
CPOLICY.002
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10/11/95
APPEALS
I. Appeals:
A. The Commission will sustain an appeal only
upon a showing that:
1. There is a substantial procedural defect
in the staff investigation or letter of determination; or
2. The findings of fact in the letter of
determination are clearly erroneous; or
3. The letter of determination is in error
on a question of law.
B. The Commission will not consider any evidence
on appeal that was not submitted to the Executive Director during
the investigation except for good cause shown.
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POLICY NUMBER.
93-004
01/17/96
CONTRIBUTIONS
I. Contributions:
A. That it
shall be the policy of the Commission not to make contributions
to other organizations from the non-appropriated funds of the
Commission. Persons requesting such contributions will
be informed of this policy and the request will not be placed
on the agenda unless this policy is first revoked by the Commission.
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