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RES-2001-019 Resolution Regarding Legislative Matters
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RES-2001-019 Resolution Regarding Legislative Matters
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Last modified
10/30/2012 12:22:10 PM
Creation date
5/22/2012 4:40:37 PM
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BOCC
Date
3/6/2001
Meeting Type
Regular Meeting
Document Type
Resolution
Agenda Item
7a
Document Relationships
Agenda - 03-06-2001-7a
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\Board of County Commissioners\BOCC Agendas\2000's\2001\Agenda - 03-06-2001
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Exhibit B <br />A BILL TO BE ENTITLED <br />AN ACT TO AUTHORIZE CITIES AND COUNTIES IN NORTH CAROLINA WITH <br />POPULATIONS OF 100,000 TO ENACT ORDINANCES <br />PROHIBITING DISCRIMINATION <br />The General Assembly of North Carolina enacts: <br />Section 1. The governing body of any city or county is hereby <br />authorized to adopt an ordinance (hereinafter "an Ordinance" or "the <br />Ordinance ") designed to prohibit discrimination in employment, housing, <br />and public accommodations. The bases of discrimination which may be <br />prohibited include, but are not limited to, race, color, religion, <br />gender, national origin, age, disability, marital status, familial <br />status, and veteran status. <br />Section 2. The governing body of any city or county within the <br />State that has adopted an Ordinance may, in the Ordinance,, adopt <br />procedures and delegate powers to a Human Relations Commission <br />(hereafter "the Commission ") which are necessary and proper for <br />carrying out and enforcing the Ordinance. To assist in the enforcement <br />of the Ordinance, the Commission has, but is not limited to, the <br />following powers: <br />(1) Receiving and reviewing complaints that allege a violation <br />of the Ordinance has occurred, is occurring, or is about to <br />occur; <br />(2) Conducting investigations into the basis of complaints. In <br />this regard, the Commission may issue subpoenas compelling <br />the production of documents or compelling witnesses, or <br />both, to appear before the Commission to give testimony and <br />to take depositions and serve interrogatories in accordance <br />with the North Carolina Rules of Civil Procedure. In the <br />event any person refuses to comply with a subpoena or <br />discovery request, the Commission may apply to the superior <br />court for an order to compel compliance with the subpoena <br />or discovery request. Information and records discovered <br />by the Commission during an investigation or conciliation, <br />may be maintained in confidence by the Commission and are <br />not subject to the provisions of G.S. 132 -6 and G.S. 132 -9 <br />until and unless they are offered into evidence in a <br />judicial proceeding authorized by this act and an <br />Ordinance; <br />(3) Applying to the superior court for mandatory and /or <br />prohibitory injunctive relief pursuant to Rule 65 of the <br />North Carolina Rules of Civil Procedure if it determines, <br />after a preliminary investigation, that prompt judicial <br />action is necessary to carry out the purposes of the <br />Ordinance; <br />(4) Making a determination of whether or not there is <br />reasonable cause to believe that an unlawful discriminatory <br />practice has occurred, is occurring, or is about to occur; <br />(5) Dismissing complaints in such cases as the Commission <br />determines that reasonable cause does not exist; <br />(6) Issuing a right -to -sue letter to any complaining party <br />where the Commission has failed to make a determination on <br />the issue of reasonable cause in a timely manner; <br />determines that reasonable cause does not exist; where <br />conciliation efforts have failed; and where the Commission <br />
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