Anti-Discrimination Center

A. There is hereby created a Commission on Human Relations,to consist of five members who shall be appointed by the Mayor with the consent of the City Council.

B. The Mayor shall designate the Chairman of said Commission.

C. In case of any vacancy, the Mayor shall appoint a successor for the unexpired term with the consent of the Council.

D. Of the initial members of the Human Relations Commission, two shall be appointed for terms to expire two years after the effective date of this chapter and three for three years from the effective date of this chapter. No member of the Commission shall be allowed to serve for a period of more than six years consecutively.

E. The Commission shall consist of both men and women who are broadly representative of racial, religious and ethnic groups of the City. All members of the Commission shall be residents of the City of Hagerstown.

§ 82-2. Compensation; legal counsel; conflicts of interest. back to top

A. The members of the Commission shall not receive any compensation for their services but shall be paid their reasonable expenses while engaged in the discharge of their official duties, subject to the approval of the Mayor and Council.

B. The City Attorney shall act as general counsel and legal advisor to the Commission and shall represent the Commission at all hearings and judicial proceedings in which the Commission is a party.

C. In the event that any City officer, employee, agency, administrative board or department is a party to any proceedings or investigation in this matter and it is determined either by a vote of a majority of the Commission or the City Attorney that there would be a conflict of interest in such case, then the Commission may engage within its discretion other counsel from Washington County, Maryland, to act on behalf of the Commission.

§ 82-3. Powers and duties. back to top

A. The Commission shall have the authority and power to make such surveys and studies concerning human relations, conditions and problems as it may determine and to promote in every way possible the betterment of human relations. The Commission shall have and is hereby granted the authority to resolve and prohibit discriminatory practices by any person or group of persons of whatsoever nature or kind, whether specifically enumerated in this chapter or not, by virtue of race, color, religion, sex, national origin, marital status, age or physical or mental handicap.

B. In making such studies and surveys as set forth in Subsection A of this section, the Commission shall be authorized by the Mayor and Council to expend any funds which may be provided for in the budget of the City or otherwise made available.

C. On the basis of such studies or surveys, the Commission shall recommend to the Mayor and Council such additional legislation or changes in existing legislation as may be deemed desirable.

D. It shall be the duty of the Commission to submit an annual report to the Mayor and Council on or before January 1 of each year of the work of the Commission.

E. The Commission may conduct investigations and hearings in accordance with the provisions set forth in this chapter, enforce the provisions set forth in this chapter and enforce the provisions of the same as set forth.

ARTICLE II. Discrimination in Public Accommodations back to top

§ 82-4. Prohibitions. back to top

It is unlawful for an owner or an operator of a place of public accommodation or an agent or employee of the owner or operator, because of the race, creed, color, national origin, marital status, sex, age (other than as prohibited by law) or physical or mental handicap of any person, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities and privileges of such place of public accommodation. Nothing in this section shall be construed or interpreted to prohibit the proprietor of an establishment or the employees thereof from the right to deny service to any person for failure to perform the usual and regular requirements, standards and regulations for the establishment so long as the denial is not based upon discrimination on the grounds of race, creed, color, national origin, marital status, sex, age (other than as prohibited by law) or physical or mental handicap of any person.

§ 82-5. Definitions. back to top

For the purpose of this article, the following terms shall have the meanings indicated:

PLACE OF PUBLIC ACCOMMODATION

A. Any inn, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is in actuality occupied by the proprietor of such establishment as his residence.

B. Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain or other facility principally engaged in selling food or alcoholic beverages for consumption on the premises, including but not limited to any such facility located on the premises of any retail establishment, or any gasoline station.

C. Any motion-picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment.

D. Any establishment which is physically located within the premises of any establishment otherwise covered by this subsection or within the premises of which is physically located any such covered establishment and which holds itself out as serving patrons of such covered establishment.

§ 82-6. Exemptions. back to top

The provisions of this article shall not apply to a private club, religious organization or other establishment not in fact open to the public, except to the extent that the facilities of such establishments are made available to the customers or patrons of an establishment within the scope of this section.

ARTICLE III. Discrimination in Housing back to top

§ 82-7. Declaration of policy; administration and enforcement. back to top

A. It is hereby declared to be the policy of the City of Hagerstown, Maryland, to eliminate discrimination in housing and to provide for fair housing practices throughout the City to all its citizens regardless of race, color, religion, sex, national origin, marital status, age or physical or mental handicap and to that end to prohibit discriminatory practices with respect to residential houses by any person or group of persons in order that the peace, health, safety, prosperity and general welfare of all the inhabitants of the City may be protected and ensured.

B. This article shall be administered and enforced by the Commission.

§ 82-8. Definitions. back to top

For the purposes of this article, the following terms shall have the meanings indicated:

DISCRIMINATORY HOUSING PRACTICES
An act that is unlawful under this article.

DWELLING
Any building, structure or portion thereof which is occupied as or designed or intended for occupancy as a residence by one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.

FAMILY
Includes a single individual.

PERSON
Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries or any other legal entity.

PHYSICAL OR MENTAL HANDICAP
Any physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect or illness, including epilepsy, and which shall include but not be limited to any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impediment or physical reliance on a Seeing Eye dog, wheelchair or other remedial appliance or device and any mental impairment or deficiency as but not limited to retardation or such other which may have necessitated remedial or special education and related services.

RESTRICTIVE COVENANTS
Any specification limiting the transfer, rental or lease of any dwelling because of race, color, religion, marital status, sex or national origin.

TO RENT
Includes to lease, to sublease, to let or otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

§ 82-9. Prohibitions. back to top

A. It shall be an unlawful discriminatory housing practice because of race, color, religion, sex, national origin, marital status, age or physical or mental handicap:

(1) For any person having the right to sell, rent, lease, control, construct or manage any dwelling constructed or to be constructed or any agent or employee of such person:

(a) To refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling.

(b) To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith.

(c) To make, print or publish or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination or an intention to make any such preference, limitation or discrimination.

(d) To represent to any person for reasons of discrimination that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

(e) To deny any person access or membership or participation in any multiple-listing service, real estate broker's organization or other service, organization or facility relating to the business of selling or renting dwellings or to discriminate against him in the terms or conditions of such access, membership or participation.

(f) To include in any transfer, sale, rental or lease of housing any restrictive covenant that discriminates; or for any person to honor or exercise or attempt to honor or exercise any discriminatory covenant pertaining to housing.

[1] Nothing in the provisions of this subsection shall be construed to bar any person from refusing to sell, rent or advertise any dwelling which is planned exclusively for or occupied exclusively by individuals of one sex to any individual of the opposite sex on the basis of sex. Notwithstanding the other provisions of this article, a person may sell, rent or advertise any dwelling to aged or elderly persons only, if the dwelling is planned exclusively for or occupied exclusively by a specified age group.

[2] With respect to sex discrimination, nothing herein shall be construed to apply to the rental of rooms within any dwelling in which the owner maintains his or her principal residence or to the rental of any apartment in a dwelling containing not more than five units and in which the owner maintains his or her principal residence.

(2) For any person, whether or not acting for monetary gain, knowingly to induce or attempt to induce another person to transfer an interest in real property by representations regarding the existing or potential proximity of real property owned, used or occupied by persons of any particular race, color, religion, marital status, sex or national origin or to represent that such existing or potential proximity will or may result in:

(a) The lowering of property values.

(b) A change in the racial, religious or ethnic character of the block, neighborhood or area in which the property is located.

(c) An increase in criminal or antisocial behavior in the area.

(d) A decline in quality of the schools serving the area.

(3) For any person, firm, corporation or association to solicit or attempt to solicit the listing of dwellings for sale or lease by door-to-door, in-person or telephone solicitation or by the distribution of circulars if one of the purposes is to change the racial composition of the neighborhood.

B. It shall not be mandatory for any owner, manager or person responsible for the care, operation and maintenance of housing, realty or premises to be required to make special provisions for persons making application for housing, other than those now required by the applicable federal, state, county or City ordinances, rules or regulations.

ARTICLE IV. Discrimination in Financing back to top

§ 82-10. Prohibitions. back to top

A. It shall be unlawful for any bank, savings-and-loan institution, credit union, insurance company or other person regularly engaged in the business of making mortgages or other loans for the purchase, construction, improvement or repair or maintenance of dwellings to deny such a loan to a person applying therefor or discriminate against him or her in the fixing of the down payment, interest rate, duration or other terms or conditions of such a loan because of the race, color, religious creed, marital status, sex, national origin, age or physical or mental handicap of such person or of the prospective occupants, lessees or tenants of the dwellings in relation to which the application for a loan is made.

B. It shall be unlawful for the Municipal Treasurer, finance agent, government official or any other person whose responsibility it is to account for public funds to knowingly invest or manage public funds, to deposit or cause to be deposited any public funds in any lending institution provided for herein which is found by the Commission to be committing discriminatory practices and where such findings were upheld by a court of competent jurisdiction. Upon the court's judicial enforcement of any order to restrain a practice of such lending institution or for said institution to cease or desist in a discriminatory practice, the Commission shall notify all persons in charge of public funds to the name of any such lending institution found to be practicing discrimination in the course of providing its customary commercial services. Upon receiving such notification, the appropriate fiscal officer of the City or agency thereof which has funds deposited in any lending institution which is practicing discrimination, as set forth herein, shall take immediate steps to have said funds withdrawn and redeposited in another lending institution. If, for reasons of sound economic management, this action will result in a financial loss to the City or any of its agencies, the action may be deferred for a period of not longer than one year. If the Commission notifies the City or an agency thereof that the lending institution in question has corrected its discriminatory practices, any prohibition set forth in this section shall not be applicable. Any notification by the Commission shall comply with the enforcement provisions of this chapter, and the same shall be binding upon the City officers receiving such notice.

§ 82-11. Exceptions. back to top

Nothing in this article shall prohibit 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 preferences to such persons, unless the membership in such religion is restricted on account of race, color or national origin, nor shall anything in this article apply to a private membership club which is a bona fide club and which is exempt from taxation under § 501 (c) of the Internal Revenue Code of 1954.

ARTICLE V. Discrimination in Employment back to top

§ 82-12. Declaration of policy. back to top

It is hereby declared to be the policy of the City of Hagerstown, in the exercise of its police power for the protection of the public safety, public health and general welfare, for the maintenance of business and good government and for the promotion of the City's trade, commerce and manufacturing, to assure all persons equal opportunity in receiving employment and in all labor management-union relations regardless of race, color, religion, ancestry or national origin, sex, age, marital status or physical or mental handicap unrelated in nature and extent so as to reasonably preclude the performance of the employment and, to that end, to prohibit discrimination in employment by any person, group, labor organization, organization or any employer or his agents.

§ 82-13. Definitions. back to top

For the purpose of this article, the following terms shall have the meanings indicated:

EMPLOYEE
An individual employed by an employer, except that "employee" does not include any person elected to public office or any person chosen by an officer to be on the officer's personal staff, an appointee in the policy-making level or an immediate advisor with respect to the exercise of the constitutional or legal powers of the office. The exception set forth in the preceding sentence does not include employees subject to the state or local civil service laws.

EMPLOYER
A person engaged in an industry or business who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year and any agent of such a person. Such term does not include the City to the extent as may be provided in this article, but such term does not include a bona fide private membership club, other than a labor organization, which is exempt from taxation under § 501 (c) of the Internal Revenue Code of 1954.

EMPLOYMENT AGENCY
Any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer, and includes an agent of such a person. Such term shall not include an agency of the United States or an agency of the State of Maryland or political subdivision thereof, except that such term shall include the United States Employment Service and the system of state and local employment services receiving federal assistance.

LABOR ORGANIZATION
A labor organization engaged in an industry and any agent of such an organization, and includes any organization of any kind, any agency or employee representation committee, group, association or plan so engaged in which employees participate 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 and any conference, general committee, joint or system board or joint council so engaged which is subordinate to a national or international labor organization.

PERSON
Includes one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers or any other legal entity.

PHYSICAL OR MENTAL HANDICAP
Any physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect or illness, including epilepsy, and which shall include but not be limited to any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impediment or physical reliance on a Seeing Eye dog, wheelchair or other remedial appliance or device and any mental impairment or deficiency as but not limited to retardation or such other which may have necessitated remedial or special education and related services.

RELIGION
Includes all aspects of religious observances and practice, as well as belief, unless an employer demonstrates that he is unable reasonably to accommodate to an employee's or prospective employee's religious observances or practice without undue hardship on the conduct of the employer's business.

§ 82-14. Prohibitions; exceptions. back to top

A. It shall be an unlawful employment practice:

(1) For an employer:

(a) To fail or refuse to hire or to discharge any individual with respect to his compensation, terms, conditions or privileges or employment because of such individual's race, color, religion, sex, age, national origin, marital status or physical or mental handicap unrelated in nature and extent so as to reasonably preclude the performance of the employment.

(b) To limit, segregate or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of the individual's race, color, religion, sex, age, national origin, marital status or physical or mental handicap unrelated in nature and extent so as to reasonably preclude the performance of the employment.

(2) For an employment agency to fail or refuse to refer for employment or otherwise to discriminate against any individual because of his race, color, religion, sex, age, national origin, marital status or physical or mental handicap unrelated in nature and extent so as to reasonably preclude the performance of the employment or to classify or refer for employment any individual on the basis of his race, color, religion, sex, age, national origin, marital status or physical or mental handicap unrelated in nature and extent so as to reasonably preclude the performance of the employment.

(3) For a labor organization:

(a) To exclude or to expel from its membership or otherwise to discriminate against any individual because of his race, color, religion, sex, age, national origin, marital status or physical or mental handicap unrelated in nature and extent so as to reasonably preclude the performance of the employment.

(b) To limit, segregate or classify its membership or to classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive any individual of employment opportunities or would limit such employment opportunities or otherwise adversely affect his status as an employee or an applicant for employment because of such individual's race, color, religion, sex, age, national origin, marital status or physical or mental handicap unrelated in nature and extent so as to reasonably preclude the performance of the employment.

(c) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.

(4) For any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of his race, color, religion, sex, age, national origin, marital status or physical or mental handicap unrelated in nature or extent so as to reasonably preclude the performance of the employment in admission to or employment in any program established to provide apprenticeship or other training.

(5) For an employer, labor organization or employment agency to print or cause to be printed or published any notice or advertisement relating to employment by the employer or membership in or any classification or referral for employment by the labor organization, or relating to any classification or referral for employment by the agency, indicating any preference, limitation, specification or discrimination based on race, color, religion, sex, age, national origin or on the basis of a physical or mental qualification. However, a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, age, national origin or physical or mental qualification when religion, sex, age, national origin or physical or mental qualification is a bona fide occupational qualification for employment.

(6) For an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual or for a labor organization to discriminate against any member thereof or applicant for membership because he has opposed any practice made an unlawful employment practice by this article or because he has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this article.

B. Notwithstanding any other provision of this article, it is not an unlawful employment practice:

(1) For an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer employment any individual or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program on the basis of his religion, national origin or physical or mental qualification in those instances where sex, age, religion, national origin or physical or mental qualification is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

(2) For an employer to establish standards concerning an employee's dress and grooming if the standards are directly related to the nature of the employment of the employee.

(3) For a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if the school, college, university or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society or if the curriculum of the school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion.

(4) For an employer, employment agency or labor organization to observe the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement pension or insurance plan, which is not a subterfuge to evade the purposes of this article; however, no employee benefit plan shall excuse the failure to hire any individual.

C. Nothing contained in this article shall be interpreted to require any employer, employment agency, labor organization or joint labor-management committee subject to this article to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, age, national origin or physical or mental handicap of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, age or national origin or of physically or mentally handicapped persons employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor agency or labor organization, or admitted to or employed in any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, age or national origin or of physically or mentally handicapped persons in any community, state, section or other area or in the available work force in any community, state, section or other area.

§ 82-15. Applicability. back to top

This article shall not apply to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities.

§ 82-16. Discrimination by City officer or employee. back to top

A. No officer or employee of the City or a City agency, department or board shall discriminate in the hiring or firing or discriminate in any other manner against any person because of race, creed, color, sex, age, national origin, marital status or physical or mental handicap unrelated in nature and extent so as to reasonably preclude the performance of the employment; provided, however, that no employment practice not unlawful under other provisions of this article or chapter shall be deemed as unlawful employment practice by the City.

B. If the Commission has received reliable information from an individual or individuals and, after a proper investigation by the Commission, it shall be determined by the Commission that an officer or employee of the City agency, department or board has engaged in discrimination in hiring, firing or any other type of activity against any person because of race, creed, color, sex, age, national origin, marital status or physical or mental handicap unrelated in nature and extent so as to reasonably preclude the performance of the employment, and if the Commission is unsuccessful in resolving the complaint, then the Commission shall report such act or alleged act to the Mayor, and he shall review the case and the findings of the Commission. If the Mayor is satisfied that an act of discrimination has taken place, he shall take such action as he deems appropriate under the circumstances; provided, however, that any action taken shall not be in conflict with any Charter provisions of the City of Hagerstown, provisions of the Code of the City of Hagerstown or any union contracts or agreements that may be applicable. The authority of the Commission relating to discrimination in City agencies, boards or departments is limited to investigation, conciliation, mediation and reporting to the Mayor as provided in this section.

ARTICLE VI. Administration and Enforcement back to top

§ 82-17. Complaints. back to top

A. Any person claiming to be aggrieved by an alleged discrimination prohibited by any section of this chapter may make, sign and file with the Human Relations Commission, hereinafter referred to as the "Commission," a complaint, in writing, under oath. The complaint shall state the name and address of the person, firm, association, partnership, corporation, agency, department or board alleged to have committed the act of discrimination, together with the particulars thereof; and the complaint shall also contain such other information as may be required from time to time by the Commission. A complaint must be filed within six months from the date of the occurrence alleged to be a violation of this chapter. A complaint filed with the Federal or a State Human Relations Commission within six months from the date of occurrence shall be deemed to have complied with the provisions of this section.

B. Whenever the Commission has received reliable information from any individual or individuals that any person has been engaged or is engaged in any discriminatory practice within the scope of this article and, after a preliminary investigation by the Commission's staff authorized by the Chairman, it is satisfied that said information warrants the filing of a complaint, the Commission, on its own motion and by action of not fewer than four Commissioners, may issue a complaint in its name in the same manner as if the complaint had been filed by an individual.

§ 82-18. Commission meetings. back to top

The Commission shall meet at least once a month. In addition, the Chairman or a majority of the Commission shall have the right at any time to call special meetings of the Commission upon five days notice to the members thereof. The Commission shall establish procedures for the conduct of said meetings.

§ 82-19. Investigation; action on findings. back to top

A. After the filing of any complaint, the Chairman shall consider the complaint and shall refer it to the Commission's staff for prompt investigation and ascertainment of the facts. The results of the investigation shall be made as written findings. A copy of the findings shall be furnished to the complainant and to the person, firm, association, partnership or corporation, hereinafter referred to as the "respondent," against whom or which the complaint is made.

B. If the finding is that there is probable cause for believing a discriminatory act has been or is being committed within the scope of this chapter the Commission shall endeavor to eliminate the discrimination by conference, conciliation and persuasion.

C. If an agreement is reached for the elimination of the discrimination as a result of the 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 the agreement. The Commission shall not enter an order at this stage of the proceedings unless it is based upon a written agreement. If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with copies furnished to the complainant and to the respondent.

§ 82-20. Hearings; subpoena power; review of decisions. back to top

A. In case of failure to reach an agreement for the elimination of the acts of discrimination and upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to. The Chairman shall cause a written notice to be issued and served in the name of the Commission, together with a copy of the complaint, requiring the respondent to answer the charges of the complaint at a public hearing before the Commission at such time and place as may be set forth in the notice. The Chairman shall thereupon appoint a hearing tribunal of three persons, who shall be members of the Commission, to hear such complaint. A transcript of all testimony at the hearing shall be made. The case in support of the complaint shall be presented at the hearing by the general counsel of the Commission, and no Commissioner who previously made or participated in the investigation or caused the complaint to be filed shall participate in the hearing as a member of the tribunal or in the review of a decision of a hearing tribunal pursuant to any provisions of this chapter.

B. The respondent may file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel. The respondent may submit testimony and shall be fully heard. He may examine and cross-examine witnesses.

C. The Commission may permit reasonable amendment to be made to any complaint or answer. Testimony taken at the hearing shall be under oath and recorded.

D. Subpoena power.

(1) In the administration and enforcement of the provisions of this chapter, the Commission shall have the power to administer oaths, to issue subpoenas and to compel the attendance and testimony of witnesses and the production of books, papers, records and documents relevant or necessary for proceedings within the geographical area under the jurisdiction of the City of Hagerstown. Any such subpoena shall be served by the Police Department of the City of Hagerstown upon written request by the Commission.

(2) Any person having a hearing before a tribunal or hearing board under this chapter shall have the right to subpoena witnesses and the production of books, papers, records and documents relevant or necessary for the proceedings as hereinabove set forth. Upon the request of said person, the subpoena shall issue as a matter of course.

(3) In case of said persons or times being located outside of the jurisdiction of this Commission, the Commission may apply through the Circuit Court in any county to obtain said attendance and testimony of witnesses and the production of books, papers, records and documents.

(4) In case of refusal to obey a subpoena for the attendance of a witness or the production of books, papers, records and documents, after proper notice has been given and upon a finding of facts that the attendance and testimony of the witness or the production of the books, papers, records and documents is relevant or necessary for the proceedings of the Commission, the Commission may apply to the Circuit Court for Washington County, Maryland, for an order requiring the attendance and testimony of witnesses and the production of books, papers, records and documents. The same shall be punishable by the court through its usual powers of equity in addition to the further provisions of penalty set forth in this chapter hereafter.

E. If upon all the evidence the Commission finds that the respondent has engaged in any discriminatory act within the scope of any of these Articles, it shall so state its findings. The Commission thereupon shall issue and cause to be served upon the respondent an order requiring the respondent to cease and desist from the discriminatory acts and to take such affirmative action as will effectuate the purposes of the particular Article.

F. If upon all the evidence the Commission finds that the respondent has not engaged in any such alleged discriminatory act within the scope of the particular Article, it shall state its findings of fact and shall similarly issue and file an order dismissing the complaint.

G. If a decision of a hearing tribunal is not unanimous, the aggrieved party may petition within 10 days to the Mayor and Council for a review of the decision. The Mayor shall select a review board of three persons consisting of the remaining eligible members of the Commission and any other person or persons he may designate. This review board shall limit its review to the entire record of the proceedings before the hearing tribunal; provided, however, that if deemed necessary, said review board may order further evidence if it is deemed necessary to effectuate the purposes of the review. After such review, the Commission, based on the decision by said board, shall affirm, reverse or modify the decision of the hearing tribunal.

§ 82-21. Confidentiality of investigations. back to top

During the investigation of any complaint alleging a violation of this chapter and until said matters reach the stage of public hearings, the activities of all members of the Commission, employees or agents thereof in connection with said investigation shall be conducted in confidence and without publicity, and the Commission shall hold confidential any information in relation thereto, including the identity of the complainant and the respondent, except that:

A. Any information may be released at any time if the release has been agreed to in writing by both the complainant and the respondent.

B. The identity of the complainant must be disclosed to the respondent at any time upon request.

§ 82-22. Additional prohibitions. back to top

It shall be unlawful for any person to commit any of the following acts in addition to all prohibited and unlawful acts prohibited by any other federal, state, county or City statutes, ordinances or regulations:

A. To knowingly or willfully file a false complaint under this chapter.

B. To willfully or knowingly falsify any documents, records or reports that have been submitted or made or subpoenaed pursuant to the provisions of this chapter.

C. To willfully give false testimony before the Commission or any tribunal or hearing board thereof.

D. To intimidate any witness, complainant, person or respondent in any proceedings before the Commission or at any stage of the procedures set forth in this chapter.

E. To claim to be aggrieved under the provisions of this chapter and:

(1) Said person has claimed to be aggrieved under the provisions of this chapter;

(2) Said person has pursued the complaint under the provisions of this chapter;

(3) The Commission has found the complaint to be unfounded or has not pursued it based on its initial investigation or has dismissed it without further action against the respondent; and

(4) The complaint has been made knowing the same to be false or malicious.

F. For any person to receive remuneration of any kind whatsoever for participation in any demonstration within the City of Hagerstown in reference to any of the acts that are defined as discrimination in any portion or portions of this chapter.

G. To coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of or on account of such person having exercised or enjoyed or on account of such person having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this chapter.

§ 82-23. Injunction or litigation. back to top

A. At any time after a complaint has been filed, if the Commission believes within its absolute discretion that appropriate civil action is necessary to preserve the status of the parties or to prevent irreparable harm from the time the complaint is filed until the time of its final disposition, the Commission may bring action to obtain a temporary injunction in the Circuit Court for Washington County, Maryland.

B. If any respondent refuses to comply with an order provided for in any provisions of this chapter, the Commission may, if represented by its general counsel, institute litigation in the appropriate court of Washington County, Maryland, to enforce compliance with any provisions of this article, or in any other appropriate board in any jurisdiction.

§ 82-24. Appeals. back to top

A. Any respondent has a right to take an appeal after exhausting the remedies set forth herein for the Commission to the Circuit Court for Washington County, Maryland, in accordance with the provisions of the Maryland Rules of Practice and Procedure governing appeals from actions of administrative agencies.

B. The Commission or respondent may appeal to the Court of Special Appeals of Maryland from any adverse decision of the Circuit Court on such appeal.

§ 82-25. Construal and interpretation of provisions. back to top

A. The provisions of this chapter shall be construed as vesting in all persons the rights and privileges as set forth herein, and any person who is aggrieved by any act prohibited by the provisions of this chapter in any manner may bring an appropriate action in law or in equity in the Circuit Court for Washington County, Maryland, for any relief either in law or in equity that may be appropriate, in addition to pursuing the procedures and seeking the remedies established herein.

B. The remedies and procedures as set forth and provided in this chapter are in addition to and not in derogation of all federal, state, county and City statutes, acts, ordinances or regulations that may be applicable to the practices of the type referred to in this chapter.

§ 82-26. Violations and penalties. back to top

A. Any person who shall violate any of the provisions of this chapter or who fails to comply with any of the orders as provided for herein, severally for each and every such violation and noncompliance respectively, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $500 or imprisonment for not exceeding 60 days in the county jail, or by both fine and imprisonment, within the discretion of the court.

B. The application of the above penalty provisions are in addition to and not in derogation of or limitation of any other applicable enforcement procedures or remedies as set forth in this chapter.

ARTICLE VII. Scope; Word Usage back to top

§ 82-27. Scope. back to top

All provisions of this chapter shall apply to one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers or any other legal entity of whatsoever nature or kind.

§ 82-28. Word usage. back to top

A. The term "person" includes all of the above, and the term "person" as used in any enforcement or penalty provisions of this chapter includes one acting for or on behalf of a firm, association, corporation, partnership or any of the legal entities set forth above.

B. All references made and all nouns and pronouns used in this chapter shall be construed in the singular or plural and in such gender as the sense and circumstances require.

§ 82-29. Section titles. back to top

The section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this chapter.