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1980-06-16 RM Exhibits ~ ~1ZJI f /'O~,~ 1"anobct (![ ~l () " q~ ~ .' ~~ ~ 0/ / . / /,/ ~-"' it;, ,.'7 :\\\'1'1i \\\ LARRY J, POWELL Tax Administrator 763-0991 RAYMOND E. BLAKE. JR, Appraisal Supervisor 763-2462 28401 NEW HANOVER COUNTY TAX COLLECTIONS Collections Thru May 31, 1980 1979 Charged Per Scroll Discoveries Added $12,337,244.77 2,007,511.78 $14,344,756.55 73,733.85 $14,271,022.70 -13,854,821.84 $ 416,200.86 97.08% Less Abatements Total Taxes Due New Hanover Co. Total Collected Outstanding Balance Percentage Collected Back Taxes Real Estate Taxes $ 409,308.06 Less Abatements 3,419.44 Total Collections to Date 204,671.16 Outstanding Balance $ 201,217.46 Percentage Collected 50.43% Personal Property Taxes $ 450,640.20 Less Abatements 28,421.94 Total Collections To Date 39,571.01 Outstanding Balance $ 382,647.25 Percentage Collected 9.37% mI). ("' eJ7>jJVJ e...c- /~ ' (,- i<> - q-.() ~DVtS~ 1-. ~ oy/k 6/1(, CHERYL R. ROBERTS Listing Supervisor 763-8439 JANIE B. STRAUGHN Collector of Reven ue 763-7385 1978 $11,681,843.69 1,820,360.50 $13,502,204.19 46,715.83 $13,455,488.36 -13,094,555.50 $ 360,932.86 97.31% $ 409,753.20 5,710.09 207,591.93 $ 196,451.18 51.37% $ 415,166.59 25,735.57 54,097.59 $ 335,333.43 13.89% Total money processed through Collection Office for New Hanover County, City of Wilmington, Town of Carolina Beach, Town of Kure Beach and Town of Wrightsville Beach to date, $21,296,171.61. This report is for fiscal year beginning July 1, 1979. ~t~~~~tted' Janie B. Straughn Collector of Revenue -...- ....... .... MEMBER IJAJAD INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS .... ....... """......... . ~ ~... ... . .', MEMORANDUM C~-7/ (. - (o.,f-tJ ~Ov-\.s ~t- ,4.e~_ ff~ .. l?/ J' ~ .:.r ~<J!lZ-~. 67 ~ ..)~ t, June 9, 1980 To: Mr. Felix Cooper County Manager From: Larry J. powell~ Tax Administrator Subject: Abatements & Refunds Request the following taxes be released as the taxpayers reported incorrect or incomplete information at the time of listing: 1. David Brown 2. James Furr 3. Hanover Company 4. Johnnie Howard 5. James Lee 6. Dolores Moore 7. New Hanover Rent-A-Car 8. Eugene Owens 9. Alexander Potter 10. Charles Schiltz 11. Carlton Stokes $ 110.15 59.86 266.64 (1978) 53.45 13.50 12.00 97.68 118.86 8.55 64.16 24.01 (1976) Request the following taxes be released as the personal property is not located within the city or town limits: 1. Larry Batson $ 63.09 (1973) 2. Christine Carpenter 15.16 (Refund) 3. Marvin Coston 79.77 (1976) 4. Walter Hinson 86.60 (1971 & 1976) 5. James Shepherd 24.82 6. James Sabella 29.04 (1977 & 1979 Refund) 7. Rodney Tate 83.83 . charged: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. ~ / Request the following taxes be released as they are double Monte Baldwin Channel Walk Homeowners Assoc. Edward DeReef Jimmy Hunter Industrial Truck Ivey Johnson Barney Lacook Claudine Sellers Gwendolyn Speer Edward Tillitt Weeks Motor Co. $ 68.32 98.44 123.94 23.03 196.66 49.13 9.94 70.90 59.17 18.52 97.50 (1978 & 1979) (Refund) (1975) (1976) (1977) (Refund) ~~ Mr.~Felix Cooper <II June 9, 1980 Page 2 ~ Request the following taxes be released as the property is owned by an exempt organization: 1. 2. 3. City of Wilmington Community Chapel Ladies Benevelent Society Request the taxes assessed to outbuildings, in the amount of $156.54 are located on Pender County property. 1979. $ 22.83 115.52 2,602.39 (1975-1977) (1975-1979) (1975-1979) Local Mortgage Corp., for their be released. These buildings The taxes are for 1977 through Request these items be placed on the consent agenda for the Commissioners' meeting on June 16, 1980. The Commissioners have approved these types of releases in the past. LJPjpbc Copy: Mrs. Alyce Rusmisell Mr. James C. Fox . J , ,~ :t .' ". oJ 8jJ~ ~.tILI Pa-?-&~ ~- AN ORDINANCE OF THE COMMISSIONERS OF NE W HANOVER COUNTY ESTABLISHING A HUMAN RELATIONS COMMISSION WHEREAS, Good human relations exist when self-determination is available for all persons in a climate of openness and respect, and WHEREAS, in order for good human relations to exist, persons within a community must have a high level of consciousness concerning community problems, their cause and effect, and WHEREAS, the lack of full participation of any individual in the privi- leges of full membership in the community retards the progress of the community, WHEREAS, persons striving toward good human relations will be trying to create positive change in attitudes, as well as in behavior, and WHEREAS, for these reasons and to implement a constructive approach to the problems involved in improving intergroup and inter-racial relations leading to the elimination of discriminatory practices in the County, and WHEREAS, the Commissioners of New Hanover County find that prejudice and the practice of discrimination against any individual or group because of race, creed, color, national origin, sex, age, or handicap is contrary to good public policy and detrimental to the peace, progress, and welfare of the County NOW, THEREFORE, THE COMMISSIONERS OF NEW HANOVER COUNTY DO ORDAIN: Section 1: Establishment of Commission That there is hereby established a Human Relations Commission to be known as the New Hanover Human Relations Commission. Section 2: Membership The Commission shall consist of fifteen members, appointed by the County Commissioners consistent with County policies regulating appoint- ments to County and governmental commissions, committees and boards. Each member of the Commission shall be appointed to serve a term of three (3) years, or until a successor is appointed and qualified; provided, however, that on the initial Commission five (5) members shall be appointed for a term of one Jl) year; five (5) for a term of two (2) years; and five (5) for a term of three (3) years. Each year thereafter, five (5) members shall be appointed to serve for terms of three (3) years each. A) Eight (8) members will be at-large members appointed by the County Commissioners. B) Seven (7) of the fifteen members shall be appointed to represent certain community organizations as specified in the Bylaws of the Commission, upon recommendation of the respective organization. These appointments shall be subject to approval of the County Commissioners and effective only after such approval. C) Members may serve no more thah two full successive terms, without a break of at least one full term between appointments. D) In the event any member of the Commission resigns or terminates service for any cause, the County Commissioners shall appoint a qualified successor for the unexpired term. E) Membership on the Commission shall be broadly representative of the County's population and include diverse racial, ethnic, and religious minorities and shall also take into account geographic, economic, sexual, and age considerations. Each member shall reside within New Hanover County. . loi.: .. ,// " F) Persons appointed to the Commission should have displayed genuine commitment to progressive and positive intergroup relations. G) Members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in official duties, as may be authorized by the Human Relations Commission and allowed for in the budget. Section 3: Officers and Committees The Commission shall elect a Chairperson, a Vice-Chairperson, a Secretary, and such other officers, as it shall deem necessary. The Chairperson of the Commission shall appoint such committees as the rules of the Commission shall provide and such other special committees or task forces from time to time as the Commission may deem necessary in order to carry out the purposes of the ordinance. Section 4: Function, Powers, and Duties of the Commission The ~unction of the Commission shall be to implement the policy of this ordinance by the exercise of the following powers, duties, and responsibilities: A) To maintain an office in the County. B) To meet and exercise its powers at any place within the County. C) To appoint, at and upon the direction of the County Manager, an Executive Director, and any necessary attorneys, hearing examiners, clerks and other employees and agents, and fix their compensation. Compensation will be in line with similar jobs and responsibilities in the County government. Attorney appointed under this Section may appear and represent the agency in any court. D) To accept gifts or bequests, grants, or other payments, public or private, .to help finance its activities. E) To promote and secure mutual understanding and respect for the purpose of elimination of discriminatory practices, among all economic, social, religious, ethnic, racial, sexual, age, and handicapped groups in New Hanover County. F) To act as conciliator in controversies involving intergroup and inter-racial relations. G) To cooperate with federal, state, county', and city agencies in an effort to develop harmonious intergroup and inter-racial relations and the elimination of discriminatory practices. H) To endeavor to enlist the support of educational and civic leaders dedicated to the improvement of the intergroup and inter-racial relations and the elimination of discriminatory practices. I) To receive and investigate complaints of, and also to initiate its own investigation of: 1. The denial of equal access to, and discrimination in housing, education, recreation, and public accommodations where such denial and discrimination against either an individual or a group is based on race, creed, color, national origin, sex, age, or handicap; 2. The denial to any person or group of equal access to and benefit from all public services; 3. The violation of the enjoyment and exercise by any person or group of legally protected human rights; 4. The presence in the county of civil disorders; - 2 - .; ... ,/ . .", " J) To receive, initiate, investigate, seek to conciliate, hold hearings on, and pass upon complaints and mediate violations of the Fair Employment Ordinance of the County; K) To attempt by conciliation or mediation, to resolve any complaint over which it has jurisdiction and to recommend to the County Commissioners, City Council, or other appropriate governmental agency, federal, state, or local, such action as it feels will resolve any such complaint; L) To conduct research projects, make studies into and publish reports on discrimination and related social concerns in New Hanover County; M) To make such recommendations to the COunty Commissioners as it deems necessrary to fully implement the policy of this ordinance; N) To make an annual written report to the County Commissioners of the Commission's activities; 0) The commission shall have the power to adopt rules and bylaws to govern its proceedings in conformance with its ordinance. These rules and bylaws should require the approval of the County Commissioners. P) To perform such other related duties as may be requested by the County Commissioners. Section 5: Meetings The Commission shall have meetings as set by its bylaws. A quorum shall consist of a simple majority of the current membership. Vacancies in the Commission do not impair the authority of the remaining members to exercise the powers of the Commission. Section 6: Severability If any provision of this ordinance or application of such provision or provisions to any person or circumstances shall be held to be invalid, the remainder of the ordinance or the application of such provisions to persons, or circumstances other than those as to which it shall have been held to be invalid, shall not be affected thereby. Section 7: Effective Date: This ordinance shall become effective on July 1, 1980. Any ordinance or part of any ordinance in conflict with this ordinance to the extent of such conflict is hereby repealed. This ordinance is adopted in the interest of public be in force and effect from and after its adoption. ~ C/ welfare and shall /1R74? day of , 1980. This the c~ , d. '-kJ~ .. Ellen C. Williams, Chairman New Hanover County Commissioners ATTEST: ~15.~~ New H nover County Clerk Certified to be a True Copy: ~p.X~ New H nover County Clerk Approved as to form and legality: ePr Hanover County Attorney N - 3 - . " f' . AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY ENTITLED "PROHIBITION OF DISCRIMINATION IN EMPLOYMENT" THE COMMISSIONERS OF NEW HANOVER COUNTY DO ORDAIN the following Ordinance entitled "PROHBITION OF DISCRIMINATION IN EMPLOYMENT." ARTICLE I. PURPOSE, CONSTRUCTION AND SEVERABILITY Sec. 1.1 Purposes; Construction. A. The general purpose of this ordinance is to secure for all individuals within New Hanover County and such cities within New Hanover County as may by resolution of their governing boards, permit this ordinance to be applicable'withjn'such cities, freedom from discrimination in connec~ tion with employment because of race, color, religion, sex, national origin, handicap or age, and thereby to protect their interest in per- sonal dignity, to make availabe to such cities and'the County their full productive capacities, to secure such cities and the County against domestic strife and unrest, to preserve the public safety, health and general welfare, and to promote the interests, rights and privileges of individuals within such cities and the County. B~ This ordinance shall be construed according to the fair import of its terms and shall be liberally construed to further the general purpose as stated in this section and ,the special purposes of the particular provision involved. Sec. 1.2 Severability. If any provision of this ordinance for the application thereof to any person or circumstance is held invalid, the invalidity shall no~affect other provisions or applications of the ordinance which can be given effect with- out the invalid provision or application; and to this end, the provisions of this ordinance are severable. ARTICLE II. GENERAL DEFINITIONS Sec. 2.1 Definitions. In this ordinance, unless the context otherwise requires, A. "Agency" means the Fair Employment Agency. B. "Discriminatory practice" means a practice designated as discriminatory under the terms of this ordinance. C. "Person" includes an individual, association, corporation joint stock company, labor union, legal representative, mutual company, partnership, receiver, tpust, trustee, trustee in bankruptcy, unincorporated organi- zation, any other legal or commercial entity, the City of Wilmington, County of New Hanover, or any governmental entity or agency. D. "Emplqyer" means a person who has 8 or more employees in each of 20 or more calendar weeks in the current or preceding calendar year, and an agent of such a person, and a person who is contractor or subcontractor and who is furnishing material or performing work for such Cities of the County, or a governmental entity for agency of such Ci2ies or the County, and includes an agent,.of such a person. E. "Employment agency" means a person regularly undertaking, with or with- out compensation, to procure employees for an employer, or to procure for employees opportunities to work for employer, and includes an agent of such a person. . .' F. "Labor organization" includes: 1. An organization of any kind, an agency or employee representation committee, group or association, or plan in which employees par- ticipate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; 2. A Conference, council which organization; general committee, joint or system board, or joint is subordinant to a national or international labor or 3. An agent of a labor organization. G. "ReJ,.igion" means all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. H. The terms "because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employ- I ment related purposes, including receipt of benefits under fringe ben- efit programs, as other persons not so affected in their ability or inability to work, and nothing in this section shall be interpreted to permit otherwise. 1. "Handicapped individual" means any person who (1) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (2) has a record of such impairment, or (3) is regarded as having such impairment. For purposes of this part, a hand- icapped individual is "substantially limited" if he or she is likely to experience difficulty in securing, retaining or advancing in employment because of handicap. J. "Age" for-purposes of this ordinance, means a person between the ages of 40 and 70. Se:c. 2.2 Employers~: 0 A. It is a discriminatory practice for an employer: 1. To fail or refuse to hire, to discharge, or otherwise to discriminate against an individual with respect to compensation or the terms, condi- tions or privileges of employment, because of race, color, religion, sex, national origin, handicap or age; 2. To limit, segregate or classify an employee in a way which would de- prive or tend to deprive an individual of employment opportunities' or otherwise adversely affect the status of an employee because of race, color, religion, sex, national origin, handicap or age. B. This section does not apply to the employment of an individual by his or her parent, spouse, or child, or to employmerit in the domestic service of the employer. Sec. 2.3 Employment Agencies. It is a discriminatory practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against an individual because of race, color, religion, sex, national origin, handicap or age, or to classify or refer for employment on the basis of race, color, religion, sex, national origin, handicap or age. -2- Sec. 2.4 Labor Organizations. . , It is a discriminatory practice for a labor organization: A. To exclude or to expel from membership, or otherwise to discriminate against, a member or applicant for membership because of race, color, religion, sex, national origin, handicap or age. B. To limit, segregate or classify membership, or to classify or to fail or refuse to refer for employment an individual in a way: 1. Which would deprive or tend to deprive an individual of employment opportunities; or 2. Which would limit employment opportunities or otherwise adversely affect the status of an employee or of an applicant for employment, because of race, color, religion, sex, national origin, handicap, or age; or 3. To cause or attempt to cause an employer to violate this chapter. Sec. 2.5 Training Programs. It is a discriminatory practice for an employer, labor organization or joint labor-management committee controlling apprenticeship on the job, or other training or re-training program, to discriminate against an in- dividual because of race, color, religion, sex, national origin, handicap or age, in admission to or employment in a program established to provide apprenticeship or other training. Sec. 2.6 Other Discriminatory Practices. A. It is~discriminatory practice for an employer, labor organization or : employment agency to print or publish, or cause to be printed or pub~ ._ lished, a notice or advertisement relating to employment by the employer or membership in or a classification or referral for employment by the labor organization, or relating to a classification of referral for employment by the employment agency, indicating a preference, limit- ation, specification or discrimination based on race, color, religion, sex, national origin, handicap, or age; but a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, national origin, handicap, or age, when religion, sex, national origin, handicap, or age is a bonafide occupational qual- ification for employment. B. Except as permitted by regulations of the agency or by applicable federal and state law, it is a discriminatory practice for an employer or employ- ment agency: L To make or use a written or oral inquiry or form of application that elicits or attempts to 'elicit information concerning the race, color, religion, national origin, age, sex or handicap of a prospective employee. 2. To make or keep record of that information, or to disclose the information; or 3. To make or use a written or oral inquiry or form of application that expresses a preference, limitation, or specification based on sex of a prospective employee. Sec. 2.7 Advertisements by Individuals Seeking Employment. A. Unless religion or national origin is a bonafide occupational quali- fication for particular employment, it is a discriminatory practice for an individual seeking employment to publish or cause to be published in a newspaper or magazine an advertisement that specifies or indicates his race, color, religion, sex national origin or age; or expresses a preference or limination as to race, color, religion, sex, national origin or age of a prospective employer. -3- B. This section does not apply to an advertisment for employment in the domestic service of the employer. Sec. 2.8 Exemptions. A. This ordinance shall not apply to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the corpora- tion, association or society of its religious activities. B. Nothing in the ordinance should be construed to prohibit compulsory re- tirement of an employee who has attained 65 years of age but not 70 years of age and who for the 2 year period immediately before retirement is employed in an executive or high policy-making position, if the employee is entitled to an immediate annual retirement benefit which equals at least $27,000. Se~. 2.9 Exceptions. It is not a discriminatory practice: A. For an employer to employ an employee or an employment agency to classify or refer for employment an individual, for a labor organization to class- ify its membership or to classify or refer for employment an individual, or foran employer, labor organization, or joint labor-management committee controlling an "apprenticeship or other training or re-training program to admit or employ an individual in the program, on the basis of his religion, sex or national origin, or age, if religion, sex, or national origin, or age is a bonafide occupational qualification reasonably necessary to the normal operation of the business or enterprise; or B. For a religious education institution or an educational organization operated, supervised, or controlled by a religious institution or or- ganization, to limit employment or give preference to members of the same religion; or C. For an employer, labor organization, employment agency, or training program: 1. To take any action otherwise prohibited under the age provlslons or handicap provisions of this section where age or handicap is a bonafide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differ- entiation is based on reasonable factor other than age or handicap; 2. To observe the terms of a bonafide seniority system or any bona- fide employee benefitp~an"such as retirement, pension or insurance plan, which is not a subterfuge to evade the purposes of this ordinance, except that no such employees benefit plan shall excuse the failure to hire an individual, and no such seniority system or employee benefit plan shall require or permit the involuntary re- tirement of an individual because of the age of such individual; 3. To discharge or otherwise discipline an individual for good cause. D. Notwithstanding any other provision of this article, it is not a dis- criminatory act for an employer to apply different standards of COffi- pensation, or differ~nt terms, conditions or privileges of employment pursuant to a bonafide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, re- ligion, sex, national origin, handicap or age; nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex, national origin, handicap or age. ~4- ." Sec. 2.10 Imbalance Plans. It is not a discriminatory practice for persons subject to this Chapter to adopt and carry out a plan to fill vacancies or hire new employees so as to eliminate or reduce imbalance with respect to race, color, religion, sex, national origin, handicap or age. ARTICLE III. THE FAIR EMPLOYMENT AGENCY Sec. 3.1 The New Hanover County Human Relations Commission is hereby designated The Fair Employment Agency for the County. Any subsequent reference to the Fair Employment Agency will mean the New Hanover County Human Relations Commission. Sec. 3.2 Powers of Agency. Within the limitations provided by law, the Agency has the following powers: A. To meet and exercise its powers at any place within the cities adopting this ordinance and the County. B. To receive, initiate, investigate, seek to coneiliate, hold hearings on and pass upon complaints, and mediate violations of this ordinance. C. To subpoena witnesses, administer oaths, and compel the production of evidence. D. To adopt, promulgate, amend and rescind rules and regulations to effectuate the purposes and policies of this ordinance, including regulations re- quiring the posting or inclusion in advertising material or notices prepared or approved by the Agency. E. To render at least annually a comprehensive written report to the New Hanover County Board of Commissioners. Sec. 3.3. Complaint and Subsequent Proceedings. A. A person claiming to be aggrieved by a discriminatory practice, or his agent, may file with the Agency a sworn or affirmed written complaint stating that a discriminatory practice has been committed, setting forth the facts upon which the complain~is based, and setting forth facts suf- ficient to enable the Agency to identify the person charged (hereinafter, the "respondent"). The Agency shall promtly investigate the allegations of discriminatory practice set forth in the complaint and shall immediately furnish the respondent with a copy of the complaint. The complaint must be filed within 180 days after the alleged discriminatory practice occurs. B. If, within 60 days after the complaint is filed, it is determined by the Agency that there is not reasonable cause to" believe that the respondent has engaged in a discriminatory practice, the Agency shall issue an order dismissing the complaint and shall furnish a copy of the order to the -~Gom- plaihaht; the respondent, and such other public officers and persons as the Agency deems proper. C. The complainant, within 30 days after receiving a copy of an order dis- missi'ng the complaint, may file with the agency an application for recon- sideration'::bf the "order. Upon such application, the Agency shall make a new determination whether there is reasonable cause to believe that the respondent has engaged in a discriminatory practice. If it is deter- mined within 30 days after the application is filed that there is no reasonable cause to believe that the respondent has engaged in a dis- criminatory practice, the Agency shall issue an order dismissing the complaint and furnish a copy of the order to the complainant and such other public officers and persons as the Agency deems proper. D. Unless the Agency has issued an order dismissing the complaint pursuant to this section, the Agency may endeavor to eliminate the alleged discriminatory practice by conference, conciliation, and persuasion. -5- The terms of the conciliation agreement reached with the respondent may require him to refrain in the future from commiting discriminatory practices of the type stated in the agreement and to take such affirm- ative action as in the judgement of the Agency will carry out the purpose of this ordinance and may include consent by the respondent to the entry in court of a consent decree embodying terms of the con- ciliation agreement. If a conciliation agreement is entered into, the Agency shall issue an order stating its terms and furnish a copy of the order to the complainant, the respondent and such other public officers and persons as the Agency deems proper. Except for the terms of the conciliation agreement, neiEher the Agency nor any officer or employee thereof shall make public, without the written consent of the complainant and respondent, information concerning efforts in a particular case to eliminate a discriminatory practice by conference, conciliation, or persuasion, whether or not there is a determination of reasonable cause or a conciliation agreement. E. At any time in its discretion, but no later than one year from the date of a conciliation agreement, the Agency shall investigate whether the terms of the agreement are being complied with by the respondent. Upon a finding that the terms of the agreement are not being complied with by the respondent, the Agency shall take appropriate action to assure compliance. Sec. 3.4 Hearing. A. Within 90 days after a complaint is filed, or within 30 days after an application for review is filed under Section 33-22, unless the Agency has issued an order dismissing the complaint or stating the terms of the conciliation agreement, the Agency shall serve on the respondent by registered or certified mail a written notice, together with a copy of the complaint as it may have been amended, requiring the respondent to answer in writting the allegations of the complaint at a hearing before one or more members of the Agency or a hearing examiner at a time and place specifLedin the notice. A copy of the notice shall be furnished to the complainant and such other public officers and persons as the Agency deems proper. B. A member of the Agency or staff who investigated the complaint shall not preside at the hearing or participate in the subsequent deliberation of the Agency. C. The respondent may file an answer with the Agency in person or by registered or certified mail in accordance with the rules of the Agency. The Agency shall furnish a copy of the answer to the complainant and any other party to the proceeding. The Agency or the complainant may amend the complaint, and the respondent may amend an answer at any time prior to the issuance of an order based on the complaint but no order shall be issued unless the respondent has had the opportunity of a hearing on the complaint or amendment on which the order is based; D. The case in support of the complaint shall be presented at the hearing by the complainant, assisted by the Agency staff. In no event will the complainant be assisted in presenting the complaint by any Agency member or staff who participated in the investigation of the complaint. E. A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, with or without~r~presentation, ,may examine or cross-examine witnesses and the ,Gom- pla~nant; 'anq may offer evidence. The complainant may examine and cross-examine witnesses and may present evidence. F. If the respondent fails to answer the complaint, the Agency or the hearing examiner may enter his default, and the hearing shall proceed on the evidence in support of the complaint. The default may be set aside for good cause shown upon equitable terms and conditions. -6- .- G. Testimony taken at the hearing shall be under oath and transcribed. If the testimony is not taken before the Agency, the record shall be tran- smitted to the Agency. After the hearing, the Agency, upon notice to all parties with an opportunity to be heard, may take further evidence or hear argument. No testimony of any witness before the Agency pur- suant to a subpoena issued by the Agency may be used against him on the trial of any criminal action other than a prosecution for false swearing committed on the examination. If any person while under oath administered swears falsely, he is guility of a misdemeanor. Sec. 3.5 Dismissal After Hearing. If the Agency determines that the respondent has not engaged in a discriminatory practice, the Agency shall state its findings of fact and conclusions of law and shall issue an order dismissing the complaint and furnish a copy of the order to the complainant, the respondent, and such other public officers and persons as the agency deems proper. Sec. 3.6 Determination of Discriminatory Practice; Relief. A. If the Agency determines that the respondent has engaged in a dis- criminatory practice, the Agency shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from tge discriminatory practice and to engage in,'such additional remedial action as ~ay be appropriate, including. but not limited to, the following: 1. Hiring, reinstatement, or upgrading of aggrieved individuals, with or without back pay. 2. Admission to or participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or re-training program, and the utilization of objective criteria in the admission of such individuals in such programs. 3. Reporting as to the manner of compliance. 4. To approve or disapprove plans to eliminate or reduce imbalance with respect to race, color, national origin, religion, sex, and handicap or age, where such plans are part of the remedial action directed in accordance with the provisions of this section. B. After an order is issued under this section, unless a petition by the respondent for judicial review is pending, the Agency may publish or cause to be published the name of the person who has been determined to be engaged in discriminatory practices. Sec. 3.7 Judicial Rev.tewof Agency Orders. Judicial review of Agency orders shall be in accordance with Article IV of Chapter 150A of the North Carolina General Statutes, provided, however, that the provisions of G.S. 150A-45 notwithstanding, petitions for judical review shall be filed in the Superior Court of New Hanover County. The term "Agency", whenever used in Article IV of Chapter 150A of the North Carolina General Statutes, shall mean the Fair Employment Agency. Sec. 3.8 Enforcement of Agency Orders. A. If a person fails to comply with the order of the Agency, any aggrieved person or the Agency may apply to the Superior Court of New Hanover County for an order of the court enforcing the order~of the Agency. B. Within 30 days after receipt of the petition for enforcement of the Agency's order, or within such additional time as the court may allow, the Agency shall transmit to the court the original or a certified copy of the entire record of the proceedings leading to the order. With the permission of the court, the record may be shortened by stipulation of all parties. Any party unreasonably refusing to stipulate to limit:the record may be taxed by the court for such additional costs as may be occasioned by the refusal. The court may require or permit subsequent corrections or additions to the record when deemed desirable. -7- " C. The hearing on the petition for enforcement of the Agency's orders shall be conducted by the court~ without a jury;', The court shall hear oral arguments and receive written briefs~ but shall take no evidence not offered at the Agency hearing~ except that in cases of alleged irregularities in procedure before the Agency not shown in the record~ testimony thereon may be taken by the court; and except that where no, record was made of the proceeding or the record is inadequate~ the judge in his discretion may hear all or part of the matter denovo. D. The court shall be requested to issue an order requiring compliance with the Agency's order~ unless it finds that enforcement of the Agency's order would prejudice substantial rights of the party against whom the order is sought to be enforced because the Agency's findings~ inferences~ conclusions or decisions are: 1. In violation of constitutional provisions; or 2. In excess of the statutory authority or jurisdiction of the Agency; or 3. Made upon unlawful procedure; or 4. Affected by othe.r"error of law; or 5. Unsupported by substantial evidence in view of the entire record as submitted; or 6. Arbitrary or capricious. E. If the court declines to enforce the Agency's order for one of the reasons specified in subparagraph D. of this section~ it shall either: 1. Dismiss the petition; or 2. Modify the Agency's order and enforce it as modified; or 3. Remand the case to the Agency for further proceedings. F. Any party to the hearing on the petition for enforcement of the Agency's order may appeal the court's decision to the appellate division under the rules of procedure. applicable to other civil cases. Sec 3.9 Subpoencs_; Witnesses. A. Upon written application to the Agency~ a party to a proceeding is entitled to the issuance of subpoenas for a hearing in the name of the Agency by an individual designated pursuant to the rules requiring attendance and the giving of testimonT'by witnesses and the production of documents. A subpoena so issued shall show on its face the name and address of the party at whose request the subpoena was issued. On petition of the individual to whom the subpoena is directed and notice to the requesting party~ the Agency or an individual designated pursuant to its rules may vacate or modify the subpoena. B. Witnesses who are summoned before the Agency or its agents shall be en- titled to the same witness and mileage fees as are paid to witnesses subpoenaed in the General Court of Justice for the State of North Carolina. C. If a person fails or refuses to obey a subpoena issued by the Agency~ the Agency may apply to the General Court of Justice for an order re- quirin~ that its order be obeyed and the court shall have jurisdication to issue such orders after notice to all proper parties. Sec. 3.10 Inspection and Records. A. In connection with an investigation of a complaint filed under this ordinance~ the Agency or its designated representative at any reasonable time may request access to premises~ records and documents relative to the complaint ~ and the right -:;~ examine ~ photograph and copy evidence. -8- ~ B. Upon proper service of a complaint, a respondent shall maintain and preserve al~ records ,relevant to the determination of whether dis- criminatory practices have been or are being committed by such res" spondent" and shall continue to preserve such records for such periods of time as may be designated by the Agency. C. It shall be unlawful for an officer or employee of the Agency to make public with respect to a particular person, without his consent, in- formation obtained by the Agency pursuant to its authority under this ordinance, except as necessary to the conduct of a proceeding under this ordinance. Sec. 3.11 Other Discriminatory Practices; Miscellaneous. A. It is a discriminatory practice for a person, or for two or more persons to conspire: 1. To retaliate or discriminate against a person because he has opposed a discriminatory practice, or because he has made a charge, filed a complaint, testified, assisted, or participated in an in- vestigation, proceeding or hearing under this ordinance; 2. To aid, abet, incite, or coerce a person to engage in a dis- criminatory practice; 3. Willfully to interfere with the performance of a duty or the exercise of a power by the Agency or one of its members or re- presentatives; 4. Willfully to obstruct or prevent a person from complying with the provisions of this ordinance or an order issued thereunder. B. An attempt to commit, directly or indirectly, a discriminatory practice is a discriminatory practice. C. It is a discriminatory practice for a party to a conciliation agree- ment made under this ordinance to violate the terms of the agreement. D. A person who willfully resists, prevents, impedes or interferes with the performance of a duty or the exercise of a power by the Agency or one of its representatives or members, is guility of a misdemeanor and shall be punished in accordance with the provisions of N.C.G.S. 14-4. E. Any person who engages in the practices to be declared discriminatory by this Ordinance shall be guility of a misdemeanor and shall be punished in accordance with the provisions of N.C.G.S. 14-4. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent oE such conflict is hereby repealed. This ordinance is adopted in the interest of public safety and shall be in force and effect from and after its adoption. c~ ~ '-tddLu~ Chairman, New Hanover County Commissioners This ordinance adopted at a on ~ 110 .' /~~~ Attest: regular meeting , 1980. ~13.f?~~ Co nty Clerk Approved as to Form and Legality: re.~ County Attorney -9-