(a) Filing complaints. Any person subjected to a discriminatory act or practice in violation of this Article, or any group or person seeking to enforce this Article or Articles X, XI, XII, or XIII may file with the Director a written complaint, sworn to or affirmed under the penalties of perjury, that must state:
(1) the particulars of the alleged violation;
(2) the name and address of the person alleged to have committed the violation; and
(3) any other information required by law or regulation.
(b) Commissioner initiated complaints. Any commissioner or the Commission may initiate a complaint in the commissioner's or Commission's name in the manner provided in subsection (a).
(c) Testing and corroboration. After a complaint is filed, the director promptly must provide a copy or synopsis of the complaint to the respondent. If the director decides to corroborate the complaint by testing, the director must provide the copy or synopsis to the respondent promptly after completion of the testing. The Commission may also initiate or corroborate complaints on the basis of testing carried out by its staff, contractors, or volunteers authorized by the Commission or the director, or their designees.
(d) Limitations; filing with other agencies. Any complaint must be filed with the director or the Commission within one year after the alleged discriminatory act or practice. If those acts or practices are continuing in nature, the complaint must be filed within one year after the most recent act or practice. Filing with any federal or state agency charged with civil rights enforcement constitutes a filing under this article.
(1) After receiving a complaint, the director must investigate as necessary to ascertain appropriate facts and issues. The director may:
(A) issue subpoenas to compel the attendance of witnesses, the production of documents, and other evidence relevant and necessary to investigate the complaint;
(B) conduct discovery, including interrogatories and depositions; and
(C) require both the complainant and respondent to attend a fact-finding conference and, if either party fails to attend, dismiss the complaint, impose a default judgment, or order other appropriate sanctions against the absent party.
(2) The Commission, director, and staff must not disclose any information gathered during the investigation, including the parties' identities, 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 may be disclosed to the respondent at any time.
(C) If the director certifies a complaint to the Commission, any information may be released unless the case review board grants a private hearing before the board or a hearing examiner.
(D) After the director certifies a case to the Commission, documents or materials gathered during the investigation must be available to the parties, except that any investigatory materials that the Commission, case review board, hearing examiner, or director determines are privileged or confidential and would not be used at a hearing must not be released to any party.
(f)Initial determination, dismissal before hearing.
(1) The Director must determine, based on the investigation, whether reasonable grounds exist to believe that a violation of this Article or Articles X, XI, XII, or XIII occurred and promptly send the determination to the complainant and the respondent.
(2) If the Director determines that there are no reasonable grounds to believe a violation occurred, and the complainant appeals the determination to the Commission within 30 days after the Director sends the determination to the complainant, the Director promptly must certify the complaint to the Commission. The Commission must appoint a case review board to consider the appeal. The board may hear oral argument and must:
(A) dismiss the complaint without a hearing;
(B) order the Director to investigate further; or
(C) set the matter for a hearing by a hearing examiner or the board itself, and consider and decide the complaint in the same manner as if the Director had found reasonable grounds to believe that a violation of this Article or Articles X, XI, XII, or XIII occurred.
(3) If the Director determines that there are reasonable grounds to believe a violation occurred, the Director must attempt to conciliate the matter under subsection (g).
(1) A conciliation conference is informal and nothing said or done during a conciliation conference is admissible in any subsequent hearing under this article. The Commission or the director may disclose something said or done during a conciliation conference only if the parties agree in writing.
(2) The terms of a conciliation agreement must be reduced to writing and approved by the Commission. An approved conciliation agreement is an "informal disposition" under Section 2A-10(g), is binding on the parties, has the force and effect of a contract, and is enforceable as a contract. The Commission may enforce the agreement as an order of the Commission.
(3) A conciliation agreement that requires confidentiality and is otherwise acceptable to the Commission:
(A) may be approved by the Commission, at its discretion, to resolve a complaint regarding discrimination in a place of public accommodation;
(B) must not be approved unless the Commission finds that disclosure would not further the purposes of this article or State or federal laws prohibiting discrimination in real estate;
(C) should be approved by the Commission to resolve a complaint regarding employment discrimination.
(4) If conciliation has not occurred within 90 days after the director found reasonable grounds to believe a violation occurred, or the director decides at any time that conciliation would be fruitless, the director promptly must certify the complaint to the Commission, which must appoint a case review board to consider and decide the complaint. The director may extend the conciliation deadline by mutual consent of the complainant and respondent.
(h) Hearings. The hearing must be conducted by the Commission case review board or a hearing examiner according to Sections 2A-1 to 2A-11, this Chapter, and Commission rules. If a hearing is granted, the Commission or the director may ask the County Attorney to intervene on behalf of the County to enforce this Chapter. The County may recover its costs, including reasonable attorney's fees, if it substantially prevails.
(1) The case review board must issue a final decision on a complaint according to Section 2A-10, this Chapter, and Commission rules.
(2) If any party, after proper notice, does not appear at a scheduled hearing, a hearing examiner may recommend and the board may order any relief to another party that the facts on record warrant.
(3) The board may award costs, including reasonable attorney's fees, to any party if another party filed or maintained a frivolous complaint, or filed or maintained a complaint not in good faith.
(4) The board must apply relevant federal, State, County, and case law to the facts. The board may order payment of damages and any other relief that the law and facts allow and warrant. The board's decision is binding on the parties, subject to appeal to the courts under subsection (k).
(5) If a hearing examiner conducts the hearing, the hearing examiner must forward a recommended decision and order to the board. The board may hear additional oral argument and must adopt, reverse, modify, or remand the recommended decision before issuing the board's final decision and order.
(j) Notification to other agencies. If a case review board determines that a person has violated this article, the director may refer the decision to any State or County agency or authority that:
(1) issued a license or franchise to the person; or
(2) does business under contract with the person.
(k)
Appeal. Any party aggrieved by a case review board’s final decision may seek full appellate review under Section 2A-11. A decision by a case review board under subsection (f)(2)(A) to uphold the Director’s finding that there are no reasonable grounds to believe a violation occurred is not subject to appellate review. (l) Enforcement of orders and subpoenas. The Commission, a case review board, or a hearing examiner may direct, and the director may ask, the County Attorney to enforce by any appropriate legal action a subpoena or other order issued by the director, hearing examiner, board, or Commission. The County or any party seeking to enforce an order or subpoena may recover costs and reasonable attorney's fees if the County or party substantially prevails.
(m) Interim relief. At any time after a complaint has been filed, the Commission, a case review board, or a hearing examiner may direct, and the director may ask, the County Attorney to seek any appropriate legal relief, such as a temporary restraining order or a preliminary injunction, to preserve the status quo or prevent irreparable harm. (Mont. Co. Code 1965, § 77-7; Ord. No. 6-56; 1969 L.M.C., ch. 33, § 1; 1972 L.M.C., ch. 21, § 1; 1977 L.M.C., ch. 30, § 1; 1979 L.M.C., ch. 17, §§ 3, 4; 1983 L.M.C., ch. 22, § 32; 1984 L.M.C., ch. 26, § 6; 1986 L.M.C., ch. 39, § 2; 1997 L.M.C., ch. 39, §1; 2001 L.M.C., ch. 9, § 1; , § 1; , § 1; , § 1; , § 1; , §1.)
Editor’s note—Section 27-7 is cited in Montgomery County v. Glenmont Hills Associates, Privacy World at Glenmont Metro Centre, 402 Md. 250, 936 A.2d 325 (2007). Section 27-7(g) is cited in Haas v. Lockheed Martin Corp., 396 Md. 469, 914 A.2d 735 (2007). In Manor Country Club v. Flaa, 387 Md. 297, 874 A.2d 1020 (2005), reversing and remanding 158 Md. App. 483, 857 A.2d 604 (2004), the Court interpreted factors for calculating attorney’s fees under former language contained in Montgomery County Code § 27-7; the section was amended prior to the Court’s decision. Section 27-7 is cited in Glenmont Hill Associates v. Montgomery County, Maryland, 291 F. Supp.2d 394 (D. Md. 2003). The above section is interpreted in Broadcast Equities v. Montgomery County, 123 Md. App. 363, 718 A.2d 648 (1998), vacatedMontgomery County v. Broadcast Equities, Inc., 360 Md. 438, 758 A.2d 995 (2000) (Broadcast Equities, Inc., failed to exhaust its administrative remedies before the Human Relations Commission). The above section is interpreted in American Red Cross v. Epperly, 351 Md. 216, 717 A.2d. 938 (1998). In Holiday Spas v. Montgomery County Human Relations Comm’n., et al., 315 Md. 390, 554 A.2d 1197 (1989), the court held that the Human Relations Commission may have failed to comply with the requirements of § 27-7(f) by finding liability on the part of a health club for sex discrimination but deferring a determination of damages. The case was remanded to the Circuit Court for a resolution of this issue. The court also held that an administrative agency order which found liability and directed remedial action was “final” for the purpose of permitting judicial review under § 27-7(g) even though the issue of damages had been deferred. The above section was interpreted and applied in Holiday Spas v. Montgomery County Human Relations Commission, 70 Md.App. 344, 521 A.2d 340 (1987). See County Attorney Opinion dated regarding housing discrimination based on marital status and the laws restricting the occupancy of a dwelling unit to a maximum number of people. See County Attorney Opinion dated indicating that the Human Relations Commission cannot award attorney’s fees to a complainant until the panel holds a hearing on the complaint and makes a finding that the respondent violated Chapter 27. See County Attorney Opinion dated analyzing when and what information the Human Relations Commission may disclose based on its investigations.
2007 L.M.C., ch. 5, § 2, states: Affect on incumbents. If on the effective date of this Act [May 28, 2007] a merit system employee occupies a position which this Act converts to a non-merit position:
(a) that employee retains all merit system rights; and
(b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
Former Section 27-7A, relating to disclosure of sexual orientation, derived from 1984 L.M.C., ch. 26, § 7, was repealed by 2001 L.M.C., ch. 9, § 1.
Former Section 27-7B, relating to marital status, derived from 1984 L.M.C., ch. 26, § 7A, was repealed by 2001 L.M.C., ch. 9, § 1.
