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HomeMy WebLinkAboutAgenda - 08-03-1995 - IX-F i �w t 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: August 3 , 1995 SUBJECT: Proposed Changes to the Orange County Civil Rights Ordinance and Policies and Procedures ------------------------------------------------------------ DEPARTMENT: PUBLIC HEARING: Yes X No Human Rights and Relations ------------------------------------------------------------ ATTACHMENT(S) : INFORMATION CONTACT: HUD Memo re: Legal Analysis Lucy Lewis , ext 2251 of Ordinance and Policies and Procedures Revised Sections of Ordinance Revised Sections of TELEPHONE NUMBER: Policies and Procedures Hillsborough -732-8181 Chapel Hill - 968-4501 Durham - 688-7331 Mebane - 227-2031 ------------------------------------------------------------- PURPOSE: To adopt changes in the Orange County Civil Rights Ordinance and Policies and Procedures required by the US Department of Housing and Urban Development (HUD) in order to receive substantial equivalency certification. BACKGROUND: The Orange County Civil Rights Ordinance was adopted by the BOCC on June 14, 1994 and subsequently adopted by the municipalities of Chapel Hill , Carrboro, Hillsborough; Policies and Procedures for enforcing the Ordinance -were adopted by the BOCC on December 5 , 1994 , and the Department for Human Rights and Relations applied to HUD on December 8 , 1994 for substantial equivalency certification. once the Department receives substantial equivalency certification, it will receive $75 ,000 in capacity-building funds for each of the next 2 years as a Fair Housing Assistance Program (FHAP) . After 2 years , once the Department has demonstrated its ability to meet HUD standards in processing complaints , the Human Rights Department will receive reimbursement of $1 ,300 for each housing complaint it closes . HUD will send any housing complaints it receives from Orange County to the Department for investigation, thus eliminating any duplication of federal and county efforts . 2 HUD notified the Department on June 13 , 1995 , that they had completed legal analysis of the Ordinance and Policies and Procedures and identified 12 changes that need to be made in order to receive substantial equivalency status . Most of these changes are simply clarifications of existing policy. The one substantive change is an issue that staff have discussed with the Board previusly . In order to be in accordance with federal Fair Housing laws , Article VIII , Section 8 . 2 (d) , (i ) , & (k) - Reasonable Cause - must be changed. Currently, the Ordinance provides that in instances where there is a failure to conciliate a housing complaint , Staff will apply to an Administrative Law Judge for a fearing in which the County Attorney will represent the Human Relations Commission on behalf of the Complainant . Under the proposed change, either the Complainant or the Respondent may request private civil action, and the County Attorney would represent the Human Relations Commission on behalf of the Complainant . ( If neither party requested private civil action, the charge would be heard by an Administrative Law Judge as currently outlined in the Ordinance . ) The cost of . implementing this change would be comparable for the County, as preparation for a civil action would be similar to preparation for an Administrative Law Judge hearing . The Human Relations Commission Executive Committee and Ordinance Committee unanimously recommend that these changes be made so that the Department can receive substantial equivalency certification from HUD and provide substantially equivalent provisions to federal Fair Housing laws . RECOMMENDATION: The Manager recommends that the Board adopt the proposed changes , and transmit revised copies of the Civil Rights Ordinance and Policies and Procedures to the municipalities covered by the Ordinance . i U.�, II Pr I 1{��I 011pl 3 / OWN Ti 0*W{�WI1;111�41�L'. ('b'q M-Ma 11 r4boh May 11, 1995 NFMIDRANDUX FOR: Barry L.' r,4ray, A35iftant General Counsel, Fair Housing gnforcemaont Division, CRS FRAM: , Assistant General Counsel, 4AC SUBJECT% Substantial Equivalency Certification: Request. for Legal Analysis of the Fair Housing Law of Orange County, North Carolina This is our legal analysis of the fair housing ordinance of Orange County, North Carolina (they "Orange County Civil Rights Ordii"de ) , enacted June 6, 1994, and the Rules of Practice and Procedure of the Orange County HMan Relations Commission, r+l�tl;es,Ced in your Mawrandum of Mifth 6, 1995. A copy of the oxdinanco and regulations is attached. Please contact Steve Edelstein, at (404) 331-4132 with any quesltigns Or comments. Out review has identified the following problems which may prevent or hinder certification: • The Ordinance Article V, Section 5.1(a) (3) - Unlawful Housing Practices - In- an earlier review wr recommended to the county that it delete the • last sentence of this subsection so as to c=VOrt With 24 C.F.R. 5100.203. Article V, Section 5.2 - Proof of Violettion - While codification of the ''mixed motivV analysis and "eff ets* test proVides sitkil&r of ObAtOr prOteetion than db#s int case lav* the otdihance should a140 epdcify that a.. +ua Liles a n*6649ity" Musa be demonstrated where Applicable. Article Ve Section 5.3. (e) - Esemption - The housing for older persons. oYemption should include discrimination basted on familial status and ago. Article VIII, Section 8r1(d) - Filing of Complaint - As noted in out eatlift ievi*W.- ne tine Should be provided to both the respondent and cmplainent. M 4 Article VIII, Section 8.2(d) , (i) & (k) - Reasonable Cause There is no comparable provisio in edersl law requiring the issuance of a "rig#%toto-sue letter) e,Article R ;of• the ordinance authorizes private civil actions within one year after the issuance of the right-to-sue letter, there is no procedure allowing for the election of forums by the parties. ee. 24 C.F.R. S 103.410. Article VIII, Section 8.3.2(b) , & (d) - Remedies - Punitive =9orlospondent s are authorized in lieu of a civil penalty,, but only if is found to have committed a violation "with malice or with reckless indifference. " s Practices and Procedures Section 2 - Definitions - The definition of "aggrieved person" should be made consistent with sections 4.A. (1) and 6.C. (i) to include individuals who believe they will be discriminated against in the future. Section 4.G. - Notification of Rpspendant - Appropriate notification should also be made to the complainant. Suction S.C. - Bight to inspect or Copy Data - This subsection and others which apparently follow were omitted from the copy we received. Section 6.A. (6) - Dismissal - Provision allowing fot dismissal after full relief is offWred has no counterpart in federal fair housing law; referenced section (section 5.9.2. ) is not available for review. Section 6.H. - Negotiated Settlement - Attempts to conciliate should be required of the agency. Section 7 - Conciliation - process began only after a reasonable cause determination is made, or after a no cause determination is appealed by the complainant, does not comport with federal requirements. Attachment(s) b0101� •.is l�:: y .c.� :N1S.i�i:�• `j.'Y"«nk:!_c-- ---- --. •blal�eG ri.iirs... 1 5 ARTICLE V Unfair Housing Sec . 5. 1 Unlawful Housing Practices (a) It is an unlawful discriminatory housing practice for any person, because of race, color, religion, sex, national origin, age, disability, familial status, or veteran status to: ( 1) Refuse to engage in a real estate transaction; (2) Discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; ( 3) Refuse to permit, at the expense of a qualified individual with a disability, reasonable modifications of existing premises occupied or to be occupied by the individual if the modifications are necessary to such individual 's full enjoyment of the premises; except that, in the case of a rental unit, the landlord may, where it is reasonable to do so, condition permission for modifications on agreement by the renter to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted. The landlerd shall have the burden of sheirFing that the unit eeuld not be re-le-t than f e E s eme—etherEea s es 9E Seas ens; (4) Refuse to make reasonable accommodations in rules, policies, practices, or services, when these accommodations may be necessary to a disabled person's equal use and enjoyment of a dwelling, including public and common use areas; (5) Fail to design and construct covered multifamily dwellings available for first occupancy after March 13, 1991, so f 6 (d) It is an unlawful housing practice to deny any person, who is otherwise qualified by State law, access to or membership or participation in any real estate brokers ' organization, multiple listing service, or other service, organization, or facility relating to the business of engaging in real estate transactions, or to discriminate in the terms or conditions of such access, membership, or participation because of race, color, religion, sex, national origin, age, disability, familial status, or veteran status . (e) It is an unlawful housing practice to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, on account of having exercised or enjoyed, or on account of having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this Ordinance. Sec . 5 . 2 Proof of Violation (a) It is a violation of this Article if: ( 1) A person by his or her act or failure to act intends to discriminate against a person. A person intends to discriminate if, in committing an unlawful housing practice in Section 5. 1 of this Article he or she was motivated in full, or in any part at all, by race, color, religion, sex, national origin, age, disability, familial status, or veteran status . An intent to discriminate may be established by direct or circumstantial evidence; or (2 ) A person's act or failure to act has the effect, regardless of intent, of discriminating, as set forth in Section 5 7 5 . 1 of this Article, against a person of a particular race, color, religion, sex, national origin, age, disability, familial status, or veteran status. (b) However, it is not a violation of this Article if a person whose action or inaction has an unintended discriminatory effect, proves that his or her action or inaction was motivated and justified by compelling business necessity. (c) It shall be no defense to a violation of this Ordinance that the violation was requested, sought, or otherwise procured by another person. Sec. 5 . 3 Exemptions (a) Nothing in this Article (other than subsection (9 ) of Section 5 . 1(a) ) shall apply to the following: ( 1) The rental of rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as the owner's residence; (2) A religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by, or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons of the same religion, unless membership in such religion is restricted on account of race, color, or national origin. 6 8 (3) Private clubs, not in fact open to the public, which as an incident to their primary purpose or purposes provide lodging which they own or operate for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members; (b) Nothing in Subsection (a) ( 3) , (4) , or (5) of Section 5 . 1 of this Article shall require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others . (c) No provision of this Ordinance limits the applicability of any lawful local or state restriction regarding the maximum number of occupants permitted to occupy a dwelling unit. (d) Nothing in this Ordinance shall be deemed to nullify any provisions of the North Carolina Building Code applicable to the construction of residential housing for the handicapped. (e) No provision of this Ordinance regarding familial status or acre applies with respect to housing for older persons . "Housing for older persons " mean housing: ( 1) Provided under any state or federal program specifically designed and operated to assist elderly persons as defined in the program; (2) Intended for and solely occupied by person 62 years or older. Housing satisfies the requirements of this subdivision even though there are persons residing in such housing on September 13, 1988, who are under 62 years of age, provided that all new 7 9 (a) Any person who claims to have been injured, or claims he or she is currently being injured, or who reasonably believes that he or she will be injured, by any practice made unlawful under this Ordinance may file a Complaint with the Commission. (b) Complaints shall be in writing, signed and verified by the Complainant. Complaints shall state the facts upon which the allegation of an unlawful discriminatory practice is based and shall contain such other information and be in such form as the Commission requires . Commission staff shall assist Complainants, if necessary, in reducing Complaints to writing and shall assist in setting forth the information in the Complaint as may be required by the Commission. (c) ( 1) A Complaint that alleges an unlawful employment practice under this Ordinance must be filed with the Commission no later than 180 days after the occurrence, or cessation of the alleged unlawful employment practice. (c) (2) A Complaint that alleges any practice made unlawful under this Ordinance, other than an unlawful employment practice, must be filed with the Commission no later than one ( 1) year from the date of the occurrence, or cessation of the alleged unlawful practice. (d) The Commission staff shall serve upon the Respondent and Complainant, in accordance with the North Carolina Rules of Civil Procedure, a copy of the Complaint and a notice advising the Respondent and Complainant of his or her procedural rights and 12 10 issue of reasonable cause, the Commission staff shall, upon written request of the Complainant, issue a right-to-sue letter to the Complainant. (1) , If within one year from the date the Complaint was f iled, the Commission has not made its final administrative disposition of the complaint, it must notify the Complainant and the Respondent in writing of reasons for delay. Sec . 8 . 3 Referral to Office of Administrative Hearings Subdiv. 8 . 3 . 1 Hearings " Election of Judicial Determination -- When a charge is filed under Article V a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed, may elect to have the claims asserted in that charge decided in a civil action under Article X in lieu of a hearing under this section The election must be made not later than 20 days after the receipt by the electing person of service under Section 8 . 2 ( f) The person making such election shall give notice of doing so to the Secretar�r and to all other complainants and respondents to whom the charge relates . J]21 Civil Action for Enforcement When Election Is Made for Such Civil Action. -- If an election is made under subsection (a) the Commission shall authorize, and not later than 30 days after the election is made the County Attorney shall commence and maintain, a civil action on behalf of the aggrieved person in Superior Court seeking relief under this Ordinance {e-} 1-91 Upon receipt of an application for a hearing from 19 11 the Commission, the Director of the Office of Administrative Hearings shall, without undue delay, assign an administrative law judge to hear the case. Under this subsection, references to "parties " means "the Commission" and "the Respondent" and any other party the administrative law judge permits to intervene. It shall be within the sound discretion of the administrative law judge to allow or disallow such motion. +b+ " All hearings under this Ordinance shall be de novo, open to the public, and shall be conducted in an impartial manner. fe+ JgJ Venue of cases heard by an administrative law judge under this Ordinance shall be in Orange County. -f-d+ _( f)_ If at any time after the commencement of a hearing of a case under this section, but before the administrative law judge issues a final decision, the parties successfully conciliate the Complaint, the Commission shall file a stipulation of settlement or notice of voluntary dismissal with the presiding administrative law judge. Upon receipt of such stipulation or notice, the administrative law judge and the Office of Administrative Hearings shall take no further action regarding the Complaint. +e+ J_U All hearings held before an administrative law judge shall, except as provided elsewhere in this Ordinance, be held in accordance with the provisions of Article 3, Chapter 150B (Administrative Procedures Act) and in accordance with Chapter 3 of Title 26 of the North Carolina Administrative Code. { } _ The case in support of the Commission shall be 20 12 presented at the hearing by the Commission's attorney. {-g} I I The administrative law judge shall make a recommended decision, which shall contain findings of fact, conclusions of law, and recommended relief if appropriate. +h+ Lj-J ( 1) A panel consisting of three members of the Commission shall review the findings of fact, conclusions of law, and relief granted, if any, set forth in the administrative law judge's recommended decision and affirm, modify or reverse the recommended decision. Such decision by the Commission panel shall constitute the final agency decision of the Commission. Prior to making its final decision, the Commission panel shall permit the Complainant and Respondent the opportunity to submit written exceptions to the recommended decision and shall permit them to present oral argument as to why the recommended decision should be affirmed, modified, or reversed. The decision of the administrative law judge shall become final and binding unless the Commission acts within 30 days of the date of the recommended decision to modify or reverse it. {h} JhJ (2) In the event the Commission panel modifies or reverses the recommended decision of the administrative law judge, it shall set forth in writing the specific reasons it has reached a decision different from that of the administrative law judge. {h} JLJ( 3) The panel members shall be selected by the Commission. As a prerequisite to serving on this panel, a Commission member shall receive appropriate training by the North Carolina Human Relations Commission. Such training shall include 21 13 ordinance coverage and scope, how to prove if discrimination has occurred, and how to determine appropriate. remedies if discrimination is proved. +h+ = (4) No Commission member shall participate in the review of the recommended decision of the administrative law judge in any Complaint if, in the same Complaint, that Commission member has previously served on the three member panel reviewing a determination of no reasonable cause under Section 8 .2 (e) of this Ordinance. " The Office of Administrative Hearings shall prepare an official record of the case that includes : ( 1) Notices, pleadings, motions, and intermediate rulings; (2) Questions and offers of proof, objections, and rulings thereon; ( 3) Evidence presented; (4) Matters officially noticed, except matters so obvious that a statement of them would serve no useful purpose; and (5) The administrative law judge's recommended decision. +j+ -"o The Office of Administrative Hearings shall forward the official record to the Commission and shall forward a copy of its recommended decision to each party. {k} JRJ The Commission shall have the authority to enforce any award made to a Complainant pursuant to the applicable provisions of North Carolina law, statutory and common. Subdiv. 8 . 3 .2 Remedies 22 14 (a) If the administrative law judge, in his or her recommended decision, finds that a Respondent has violated, is violating, or is about to violate any provision of this Ordinance, the administrative law judge may recommend such affirmative action as may be appropriate, including: ( 1) Injunctive relief as provided for in Rule 65 of the North Carolina Rules of Civil Procedure; ( 2 ) compensatory damages; (3) punitive damages; aiid (4) civil penalties for violations of Article V; and +4+ l� any other relief as the administrative law judge deems appropriate. (b) Punitive damages against a respondent (other than a government, government agency or political subdivision) may be recommended by the administrative law judge only if the complaining party (or parties) demonstrate(s) that the Respondent engaged in a practice made unlawful under this Ordinance with malice or with reckless indifference to the protected rights of the Complainant. (c) In the case of a finding by the administrative law judge that the Respondent has committed an unfair employment practice, then the following provisions shall also apply: ( 1) the administrative law judge may recommend, in addition to any of the remedies set forth above, any one or more of the following: a. reinstatement or hiring of an employee; b. back pay; provided that it shall not accrue 23 1 , 15 from a date more than two years prior to the filing of the complaint with the Commission; and provided further that interim earnings or amounts earnable with reasonable diligence by the person discriminated against shall operate to reduce the back pay otherwise allowable. (2) Compensatory damages shall not include backpay or interest on backpay. (3) The sum of the amount of compensatory damages allowed for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other pecuniary losses, and the amount of punitive damages awarded under this section shall not exceed, for each complaining party: a. In the case of a Respondent who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000; and b. In the case of a Respondent who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100, 000; and C . In the case of a Respondent who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200, 000; and d. In the case of a Respondent who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000 . (4) In cases where an unlawful employment practice involves the provision of a reasonable accommodation, neither 24 , 1 16 compensatory nor punitive damages may be awarded where the Respondent demonstrates good faith efforts, in consultation with the person with the disability who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such individual with an equally effective opportunity and would not cause an undue hardship on the operation of the Respondent's business . (d) In the case of a finding that the Respondent has committed, with malice or with reckless indifference to the protected rights of the Complainant, a violation of this Ordinance, then the following provisions shall also apply: ( 1) the amount of punItive damages civil penalties awarded under this section shall not exceed, for each complaining party: a. In an amount not exceeding ten thousand dollars ( $10,000) if the Respondent has not been adjudged to have committed any prior unlawful discriminatory act; b. In an amount.not exceeding twenty-five thousand dollars ( $25,000) if the Respondent has been adjudged to have committed one other unlawful discriminatory acts during the five- year period ending on the date of the filing of the Complaint; or C . In an amount not exceeding fifty thousand dollars ($50, 000) if the Respondent has been adjudged to have committed two or more unlawful discriminatory acts during the seven-year period ending on the date of the filing of the complaint. 25 • 17 THE ORANGE COUNTY HUMAN RELATIONS COMMISSION RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATION OF THE ORANGE COUNTY CIVIL RIGHTS ORDINANCE SECTION 1. PURPOSE These practices and procedures are established by the Orange County Board of Commissioners for carrying out the administration and enforcement of the Orange County Civil Rights Ordinance, (herein after referred to as the "Ordinance" . ) The purposes of these practices and procedures , as well as the ordinance under which they are adopted, is to promote the equal treatment of all individuals ; to prohibit discrimination in Orange County based on race, color, religion, sex, national origin, age, disability, familial status , and veteran status in housing, public accommodations , employment and other prohibited discriminatory acts ; to protect residents ' lawful interests and their personal dignity so as to make available to the County their full productive and creative capacities ; to prevent public and domestic strife, crime, and unrest within Orange County; and to provide for a fair and impartial procedure for carrying out those goals and for protecting the rights and dignity of all parties to a case brought under the Ordinance. These procedures , together with any amendments or modifications , shall be maintained by the Director and be made available to the public . SECTION 2 . DEFINITIONS Unless otherwise defined, when used in these Policies and Procedures the following terms are defined as : "Agency" means the Director, staff members , attorneys , clerks and other agents delegated power and authority to perform certain functions and duties as specifically provided herein on behalf of the Orange County Human Relations Commission. "Aggrieved Party" means any party to a proceeding who alleges an adverse effect by an administrative decision, ruling, or order under these Practices and Procedures and who is otherwise legally entitled to appeal from such a decision, rule, or order. "Aggrieved Person" means any person who alleges he/she has been, or may be, unlawfully injured or whose rights have been, or may be, denied on account of a violation of the Ordinance . "Board" means the Orange County Board of Commissioners . "Chairperson" means the duly elected chairperson of the 18 certain statutory or administrative requirements as may be outlined in the rules or regulations of these federal or state agencies . G. Notification of Respondent Within ten (10 ) days after the Complaint is filed with the Commission, the Agency shall serve upon the Respondent and Complainant by certified mail a copy of the Complaint and a notice advising the Respondent and Complainant_ of his or her procedural rights and obligations under this Ordinance, in accordance with Rule 4 of the NC Rules of Civil Procedure. H. Answer to Complaint ; Amendments (1 ) The Respondent may file an answer to the Complaint within ten (10 ) days after receiving a copy of the Complaint . Answers shall be signed and verified by the Respondent and shall be filed with the Commission. ( 2 ) The answer shall respond to the Agency ' s interrogatory and shall state in short and plain terms respondent ' s response to each claim asserted in the Complaint and shall admit or deny each and every allegation in the charge. If the Respondent is without sufficient knowledge or information to form a belief as to the truth or falsity of the allegations , the answer shall so state and such statement shall have the force of a denial . ( 3 ) Failure to file a written answer or to respond to any allegation of the Complaint shall not constitute an admission as to the allegations of said Complaint . Further, the failure to respond in writing shall not alter the Complainant ' s burden of establishing all of the material allegations of its Complaint . ( 4) Upon application, the Director may, for good cause shown, extend the time within which the answer or other response may be filed. ( 5) Complaints and Answers may be amended at any time with leave of the Commission staff , which leave shall be granted whenever it would be reasonable and fair to do SO . Amendments shall be reduced to writing, signed, verified, and filed with the Commission. Amendments shall relate back to the date the original Complaint or Answer was filed. Amendments to Complaints shall be served in the same manner as original Complaints . ( 6) If a Complaint is amended following issuance of a notice of a conciliation attempt or administrative law judge hearing, postponement of the conciliation • 19 information requested by the Agency pursuant to Section 4, or otherwise refuses to cooperate and after due notice to which the Complainant has thirty ( 30 ) days to respond, the charge may be dismissed by the Commission. ( 4) Where the Complainant cannot be located, the charge may be dismissed by the Commission provided that reasonable efforts have been made to locate the Complainant and the Complainant has not responded within thirty (30 ) days to a notice sent by the Agency to the person' s last known address . (5) Dismissal under paragraphs 3 and 4 is not a dismissal on the merits of the Complaint and does not preclude reconsideration of the Complaint by the Agency at a later date. ( 6) Where a Respondent has made a settlement offer , except in complaints arising under Article V , despribed Seetien 5 . 9.2- which is in writing and specific in its terms , and which would afford full relief for the harm alleged to the Complainant , and the Complainant refuses to accept such an offer within thirty ( 30 ) days after actual notice of the offer , the charge may be dismissed by the Commission. ( 7 ) Written notice of disposition, pursuant to Paragraphs (1 ) , ( 2 ) , ( 3 ) , ( 4) , ( 6) , of this section, shall be issued to the Respondent and Complainant . (8 ) The authority of the Agency to reconsider decisions and determinations as set forth in Section 5 . shall be applicable to this section. B . Negotiated Settlement (1) At any time prior to the issuance of a preliminary reasonable cause determination, the Agency shall encourage the parties to settle the Complaint on terms that are mutually agreeable . The Director shall have the authority to sign any settlement agreement which is agreeable to both parties . If such settlement is reached, the Complainant and the Commission agree not to institute a law suit under the Ordinance or related laws . Such settlements shall note that the Commission has made no judgment on the merits of the Complaint . Such an agreement shall not affect the processing of any other complaint , including, but not limited to a complaint , the allegations of which are like or related to the individual allegations settled, or a charge filed with another federal or state agency or court of competent jurisdiction.