§ 11-1-11. Functions and powers of the Commission.
(a)
Functions: The function of the Commission shall be to eliminate discrimination in housing, public accommodations, employment, education, and credit facilities by:
(1)
Utilizing its full enforcement powers under this Chapter;
(2)
Conciliating individual complaints of any acts or practices prohibited under this Chapter;
(3)
Negotiating with wide sectors of business, unions, professions, official agencies, and private organizations for the taking of action by them to improve opportunities available to persons protected by this Chapter;
(4)
Rendering advice concerning the establishing of voluntary affirmative action programs; provided, however, that under no circumstances shall the Commission or its staff approve or ratify any such affirmative action program unless the affirmative action plan is implemented pursuant to a conciliation agreement entered into between the parties;
(5)
Making studies and issuing reports on the condition of human rights in the County; and
(6)
Advising the Board of Supervisors on matters relating to human rights issues as they pertain to the health, safety, and general welfare of persons protected by this Chapter.
(b)
Powers: The Commission exercises jurisdiction within the geographical boundaries of Fairfax County, including the Townes of Clifton, Herndon and Vienna, except for allegations of discrimination against the Federal Government, Commonwealth of Virginia, Fairfax County Government and the boards, commissions, and authorities of such governments, including but not limited to the Fairfax County Public Schools, the Fairfax County Park Authority, and the Fairfax-Falls Church Community Services Board, and their officers, employees and agents, and shall have the power:
(1)
To receive complaints from any person alleging violations of this Chapter and to investigate such alleged violations; and to investigate, on its own initiative, suspected violations of this Chapter.
(2)
To request that any party produce for examination any books, records, papers, other documents or tangible evidence, or that any party answer written interrogatories or oral questions, relating to any matter under investigation by the Commission.
(3)
To use methods of conciliation, mediation, or informal resolution of grievances, to hold public hearings as provided for by this Chapter, and, in the case of complaints of alleged unlawful discriminatory acts, to make findings of fact, issue recommendations and publish its findings of fact and recommendations in order to foster compliance with this Chapter.
(4)
To investigate by means of public hearings as provided for by this Chapter or otherwise any particular or general conditions having an adverse affect upon any rights protected by this Chapter including alleged violations of this Chapter.
(5)
To request the attendance of witnesses at public hearings, fact finding conferences, or other investigative forums conducted by the Commission and to take the testimony of such persons under oath or affirmation.
(6)
To use such voluntary and uncompensated services of private persons, institutions, civic organizations, officials, and advisory committees as may from time to time be offered and needed to perform advisory functions.
(7)
To gather and disseminate information about discrimination and other human rights problems affecting the social, economic, cultural, and other phases of community life within the County.
(8)
To establish a forum for discussing discrimination and other human rights problems within the County and to form committees with representatives from concerned groups within the County to study and propose solutions to discrimination and other human rights problems within the County.
(9)
To encourage the establishment of advisory committees within County agencies and, when requested by the Board of Supervisors, to establish such an advisory committee or committees.
(10)
To adopt, promulgate, amend, and rescind, subject to the approval of the Board of Supervisors, rules, and regulations to effectuate the purposes and provisions of this Chapter. The Commission shall forward all proposed rules and regulations to the Board of Supervisors for their approval and such rules and regulations shall be deemed approved unless the Board of Supervisors within sixty (60) days of receipt specifically disapproves such rules and regulations.
(11)
Whenever the Commission has a reasonable cause to believe that any person has engaged in or is engaging in any violation of Article 1 of this Chapter, and, after making a good faith effort to obtain the data, information and attendance of witnesses necessary to determine whether such violation has occurred, the Commission is unable to obtain such data, information, or attendance, it may request the County Attorney, with the approval of the Board of Supervisors, to petition a judge of the general district court for a subpoena against any such person refusing to produce such data and information or refusing to appear as a witness, and the judge of such court may, upon good cause shown, cause the subpoena to be issued. However, the Commission shall have no power itself to issue subpoenas under this Article 1. Any witness subpoena issued under this Section shall include a statement that any statements made will be under oath and that the respondent or other witness is entitled to be represented by an attorney at law. Any person failing to comply with such subpoena issued under this Section shall be subject to punishment for contempt by the court issuing the subpoena. Any person so subpoenaed may apply to the judge who issued a subpoena to quash it.
(12)
Whenever the Commission has a reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in a violation of Article 1 of this Chapter, the Commission may seek through the County Attorney, with the approval of the Board of Supervisors, through appropriate enforcement authorities, prevention of or relief from a violation of Article 1 of this Chapter prohibiting discrimination and to exercise such other powers and duties as provided for in this Chapter; however, the Commission in such event shall have no power itself to award damages or grant injunctive relief. If the Commission concludes at any time following the filing of a complaint and after consultation with the Office of the County Attorney, that prompt judicial action is necessary to carry out the purposes of Article 2 of this Chapter, the Commission may authorize a civil action by the County Attorney for appropriate temporary or preliminary relief, as provided for by Section 11-2-16.
(13)
To exercise all such other powers as are set forth in this Chapter.
(39-00-11; 46-02-11; 33-10-11.)
(39-00-11; 46-02-11; 33-10-11.)