A release allows the complainant to take a complaint out of CHRO and into court where additional remedies can be received. The executive director only has authority to issue a release if the complainant does not request reconsideration. Currently, only the Commission has discretion to reopen a complaint. As the Commission typically meets monthly, it would expedite the process of granting or denying a reopening request if the executive director had the authority to do so as well. Currently the executive director only has the authority to issue a release of jurisdiction if the complainant does not file a request for reconsideration.
Complainants often ask for a release of jurisdiction after they have asked for reconsideration.
Once a reconsideration request is pending, the executive director does not have clear authority to issue a release. The commission has discussed limiting the executive director's discretion to granting a request and that a recommendation to deny a request should come before the commissioner for action. There is an error on line 14 of the bill. Historically, this language has served as a safety valve to allow CHRO to reopen cases in extraordinary instances. Under current law, complainants retain the right to appeal the dismissal of a case by CHRO to the Superior Court.