Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 30--H.F.No. 298
           An act relating to the city of St. Paul; regulating 
          appeals, hearings, and procedures concerning the human 
          rights commission; amending Laws 1965, chapter 866, 
          section 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Laws 1965, chapter 866, section 1, is amended 
to read:  
    Section 1.  [ST. PAUL, CITY OF; CIVIL RIGHTS.] 
    Any anti-discrimination commission established by an 
ordinance of the city of St. Paul shall, in addition to all 
powers now contained in said ordinance be granted the power and 
authority to provide that any complainant, respondent, or other 
person aggrieved by any order of the St. Paul human and civil 
rights commission may obtain judicial review thereof, and the 
commission may obtain an order of court for the enforcement of 
its orders in a proceeding as provided in this section.  Such 
proceeding shall be brought in the district court of the state 
within any county wherein the unlawful discriminatory practice 
which is the subject of the commission's order occurs or wherein 
any person required in the order to cease and desist from an 
unlawful discriminatory practice or to take other affirmative 
action resides or transacts business.  Such proceedings shall be 
initiated by the filing of a petition in such court, together 
with a written transcript of the record upon the hearing before 
the commission, and the issuance and service of a notice of 
motion returnable at a special term of such court.  Thereupon 
the court shall have jurisdiction of the proceeding and of the 
questions determined therein, and shall have power to grant such 
temporary relief or restraining order as it deems just and 
proper, and to make and enter upon the pleadings, testimony, and 
proceedings set forth in such transcript an order enforcing, 
modifying, and enforcing as so modified, or setting aside in 
whole or in part the order of the commission.  The court may 
order a trial de novo to the court, and the person complained 
against shall be entitled at his request to a trial by jury.  
Any party may move the court to remit the case to the commission 
in the interests of justice for the purpose of adducing 
additional specified and material evidence and seeking findings 
thereon, provided he shows reasonable grounds for the failure to 
adduce such evidence before the commission.  All such 
proceedings shall be heard and determined by the court and by 
any appellate court as expeditiously as possible and with lawful 
precedence over other matters.  The jurisdiction of the district 
court shall be exclusive and its judgment and order shall be 
final, subject to review by the supreme court in the same manner 
and form and with the same effect as provided in the rules of 
civil procedures for appeals from a final order in a special 
proceeding.  The commission's copy of the testimony shall be 
available at all reasonable times to all parties for examination 
without cost and for the purposes of judicial review of the 
order of the commission.  The findings of facts by the 
commission shall be conclusive if supported by sufficient 
evidence on the record considered as a whole.  The commission 
may appear in court by any attorney.  A proceeding under this 
section when instituted by any complainant, respondent, or other 
person aggrieved must be instituted within 30 days after service 
of the order of the commission.  
    A respondent may waive the hearing before the commission 
and demand a hearing before the district court on the complaint 
in which event no further proceeding shall be had before the 
commission.  All further proceedings shall be had in the 
district court upon filing of a petition by the commission.  In 
such case the determination of the existence of the alleged 
discriminatory practice and the granting of relief shall be left 
to the court.  
     Sec. 2.  [EFFECTIVE DATE.] 
     This act shall be effective upon approval by a majority of 
the members of the St. Paul city council and upon compliance 
with Minnesota Statutes, section 645.021. 
    Approved April 13, 1983