<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 4-2 Investigations.">
  <section prefix="§" num="4-2" heading="Investigations.">
    <para num="(a)" heading="Referral for investigation.">
      <para num="(1)">After the filing of any complaint, the Director shall consider such complaint and, if deemed appropriate, shall refer the complaint to the appropriate section of the Commission’s staff for prompt investigation.</para>
      <para num="(2)">The Chair of the Commission shall not sit on any hearing panel involving any complaint initiated by the Commission.</para>
    </para>
    <para num="(b)" heading="Findings of fact.">The results of all investigations shall be reduced to written findings of fact.</para>
    <para num="(c)" heading="Probable cause — conference.">
      <para num="(1)">If the finding is made that there is probable cause for believing that an unlawful practice has been or is being committed, the Commission’s staff shall immediately endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion.</para>
      <para num="(2)">Where the unlawful practice pertains to employment, the Commission’s staff shall be authorized to require as a condition, the elimination of the unlawful practice, upgrading, or reinstatement of the employee discriminated against, with or without back pay, hiring, or acceptance in any respondent labor organization, as the situation may warrant.</para>
    </para>
    <para num="(d)" heading="Probable cause — written agreement or finding.">
      <para num="(1)">If an agreement is reached for the elimination of such unlawful practice as a result of such conference, conciliation, and persuasion, the agreement shall be reduced to writing and signed by the respondent, and an order shall be entered by the Commission setting forth the terms of said agreement.  No order shall be entered by the Commission at this stage of the proceedings except upon such written agreement.</para>
      <para num="(2)">If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with a copy thereof furnished to the complainant and the respondent.</para>
    </para>
    <para num="(e)" heading="No probable cause — appeal by complainant.">
      <para num="(1)">If the finding is made that there is no probable cause, said finding shall be reduced to writing and a copy promptly mailed by certified mail to the complainant and to the respondent.</para>
      <para num="(2)">Within 7 days after receipt thereof, the complainant shall have the right to appeal such finding to the Commission by filing a written statement with it.</para>
    </para>
    <para num="(f)" heading="Confidentiality of proceedings.">Neither the Commission nor its staff shall disclose what has transpired during the course of any investigation; nor shall any publicity be given to any negotiations or to the fact that a complaint has been filed.</para>
    <annotation type="Prior Codifications">City Code, 1966, art. 4, §18</annotation>
    <annotation type="Prior Codifications">1976/83, art. 4, §18</annotation>
    <annotation type="History">Ord. 64-103</annotation>
    <annotation type="History">Ord. 77-590</annotation>
    <annotation type="History">Ord. 83-1026</annotation>
  </section>
</baltimore-city-law>
