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HomeMy WebLinkAboutHuman Relations Commission - Minutes - 11/10/1977i • C 1 CITY OF FORT COLLINS M E M O R A N D U M DATE: December 1, 1977 TO: Fort Collins Human Relations Commission r^''�FROM: Mary Ann Kennaugh, Secretary RE: Minutes of the November 10, 1977 Regular Meeting I. Call to Order Called to order by Chairman Napheys at 7:35 p.m., City Council chambers, 300 W. LaPorte Avenue. II. Roll Call Members Ptiesent: Don Shoemaker Don Lambert Bob Zimdahl Ken Drieth Kelsey Smith Pam Sysum Ben Napheys Members Absent: Steve Smith III. Receive Announcement of the Resi Staff: Rosita Bachmann Mary Ann Kennaugh Guests Lucia Li9ey, Asst. City Attorney John E. Arnold, City Manager ion of Gloria Hershberoer and Corsi Copies of a resignation letter received from Gloria Hershberger (effective October 27, 1977) indicating her recent employment in Denver, were distri- buted with the agenda packet. Commission Member Lambert nominated Kelsey Smith as secretary to fill the unexpired term of Gloria Hershberger. Commission Member Zimdahl seconded, and Commission Member Kelsey Smith was elected Secretary by acclamation. • • Human Relations Commission Minutes of the November 10, 1977 Regular Meeting Page Two IV. Consider Approval of the September 8, 1977 Regular Meeting Minutes Commission Member Shoemaker moved approval of the September 8, 1977 regular meeting minutes. Commission Member Zimdahl seconded, and minutes were approved by a vote of 7 - 0. Ayes: Commission Members Shoemaker, Lambert, Zimdahl, Drieth, Kelsey Smith, Sysum, and Napheys. Nays: None. Consider Approval of the Amended Police Grievance Procedure - Lucia Liley Lucia Liley distributed copies of the proposed amendments to the Police Grievance Procedure (Exhibit A attached). She indicated that the amend- ments were the result of a meeting of the Police Grievance Committee, which was called to address dissatisfaction and misunderstanding of certain provisions of the Procedure by police officers. Liley briefly reviewed each of the amendments with the following comments: Amendment numbered I states that non -cooperation on the part of the Complainant could lead to dismissal of the complaint. (Liley related this amendment back to the statement in the procedure, Section IV J, which states that failure of the police officer to cooperate in any part of the investigation could make him subject to dismissal, and that police officers felt it only fair if a similar stipulation was set for the Complainant.) Amendment numbered II would call for three members of the Human Relations Commission to be appointed to hear any complaints forwarded for review. Liley further indicated that some police officers fear a member of the Human Relations Commission appointed to such a Committee may have a potential "conflict of interest", e.g. the two attorneys on the Commission, and that there be careful evaluation of who is appointed to such Committee. - Amendment numbered III clarifies findings made by the Investigator. Amendment numbered IV changes the word "may" to "shall" in the following statement regarding the polygraph exam: "If a Complainant is so requested and refuses to take a polygraph, the investigation shall be terminated at that point. This amendment also calls for administration of the polygraph outside of the Police Department. Commission Member Sysum expressed support for Amendment numbered III. Human Relations Commiion • Minutes of the November 10, 1977 Regular Meeting Page Three Following were points of discussion regarding the proposed amendments to the Police Grievance Procedure: Zimdahl: Why only 3 members of the Human Relations Commission? (reference to Amendment numbered II) (Liley: The Police -Grievance Committee felt: 1) It would be difficult to get all 9 Human Relations Commission members together, and, 2) as a metter of security --- we are dealing with highly confidential material, and a limited number of persons should be reviewing it.) Is there a problem with 3 members making decisions for the whole Human Relations Commission? (Napheys: My opinion: the fact that there are 3 members means that they would be speaking for themselves; not the Human Relations Commission as a whole. They would be speaking as Committee members. It boils down to being 3 members of the Committee. - Three members effectively removes the Human Relations Commission as having decision making power. (Napheys: It comes back to the question as to whether the Human ReNations Commission should be involved at all.) (Bachmann: I recall that the Human Relations Commission has always been involved.) (Liley: The three members could be a committee of the Com- mission, like the Handicapped Advisory Committee.) If the Committee brings its finding back to the Human Relations Commission, then the • Human Relations Commission moves on it, it would be a Human Relations Commission decision. (Bachmann: Citizens want the Human ReNations Commission involved.) (Sysum questioned the credibility of such a decision if only three members were involved.) Napheys: (Speaking as a member, not Chairman). The amendments seem to change the whole concept. The procedure becomes an "escape valve or outlet" for the community; it becomes a procedural delay. If someone really has a complaint, there are means of resolving it (reference to the courts). Why have the amendments only gone through the Police Department, and are just now coming to the Human Relations Commission? I object to the change of wording of "may" to "shall" (reference to polygraph and termination of investigation, Amendment numbered IV). The tone of the change is "By God, you better not file a complaint". Zimdahl: I do not like the change of "may" to "shall". I don't like the polygraph at all; I don't like the tone. Liley: There have been significant compromises on all parts. The Police Department has given many compromises. The polygraph is just as intimi- dating to the police officer as to the complainant. (Napheys: Just delete the polygraph.) Council dictated the use of the polygraph; it is used as a tool. (Napheys: Not if you use "shall" instead of "may".) (Zimdahl: The polygraph is not 100% sure. It is only a part of the evidence.) (Sysum: The polygraph exam makes it seem more objective.) • (Shoemaker: I don't find it objective at all.) (Napheys: It is not a scientific methodology.) Human Relations Commission Minutes of the November 10, 1977 Regular Meeting • Page Four Lambert: At our September meeting, we forwarded a letter to City Council supporting the Procedure as it was presented. (Review of the letter.) Why the amendments now? (Liley: Bud Reed, as a member of the Police Committee, indicated that the police officers (e.g., "out on the street") felt that they had not been made fully aware of the procedure, and met with the police department lieutenants to express dissatisfaction.) Napheys: The procedure was originally proposed by an ad hoc committee ' re- ference to the original Police -Community Relations Committee.) (Liley: The Police Committee was established by City Council.) (Bachmann gave a brief background of the Police -Community Relations Committee and its establishment e.g., the original workshops regarding police -community relations.) Napheys: I had a conversation with Chief Smith, who indicated support of the procedure, as approved by the Human Relations Commission, with no objections. Zimdahl: I would like to endorse Ben's letter of September 8, 1977, and would like to send the procedure, along with the police:amendments, to City Council and review it after six months. Kelsey: If the police officers are disenchanted or unsatisfied, it will lead • to chaos. We're back at Step 1 again. I am not prepared to make these amendments. Liley: I do not care to present the Procedure to Council without unanimous support. Police officers will be out in force to oppose the Procedure if it goes to Council as it now stands. They feel strongly about it. I met with the Police -Committee for 22 hours to arrive at the amendments. (Zimdahl: Was there anyone with a Chicano last name at this meeting?) Paul Salas did not register objections to the amendments. (Zimdahl: I don't feel the minority community is equally well represented and aware of the amendments.) Napheys: I don't like the reference to lawyers and conflict of interest. Bachmann: Would the Human Relations Commission consider a public hearing on the issue? (Negative responses were expressed.) Shoemaker: I just barely went along with the Procedure the last time. I can't agree at all with these amendments. Commission Member Kelsey Smith moved further endorsement of the letter from Ben Napheys as Chairman (dated September 8, 1977), stating the Human Relations Commission's position, and to voice dissatisfaction with the amendments, and that the Commission take no action on the amendments at this time, but re- ceive and review, the amendments six months after the procedure is enacted. 40 Commission Member Zimdahl seconded, and motion passed with the following vote: Human Relations Commission Minutes of the November 10, 1977 Regular Meeting Page Five 6 - 1. Ayes: Commission Members Shoemaker, Lambert, Zimdahl, Drieth, Kelsey Smith, and Napheys. Nays: Commission Member Sysum.) Chairman Napheys will write another letter endorsing the Commission's pre- vious position, not accepting the amendments, and recommending that City Council pass the Procedure as it now stands. Liley: The City Manager will decide if the Procedure goes to City Council. If it is presented to City Council, we (the Police Committee) would like a Human Relations Commission member to speak for the Commission. Zimdahl: Can the Human Relations Commission be superseded in its recommenda- tion to forward the procedure to City Council? (Liley: The City Manager ultimately decides. The City Council can put items on the agenda.) VI. Receive Revenue Sharing Larimer Human Resource Board Fundi airman Chairman Napheys indicated that the Larimer Human Resource Board's funding recommendations for Fort Collins were adopted in toto, except for Care -A - Van, who was funded separately from the other agencies. • He further indicated that full details were available to any member who desired them. VII. Receive Education Committee Presentation and Conduct Discussion of Education Committee Issues Chairman Napheys turned the Chair over to Commission Member Shoemaker as Chairman of the Education Committee. Following were points of discussion: Shoemaker: The Education Committee has had one meeting. (He requested that the Commission members join in the discussion of issues.) - The Committee would like to work with Rosita Bachmann, Human Rights Officer, in meeting public requests for seminars, panels, and other public forums for information and/or education regarding the Human Rights Ordinance, but has some reservations. Self -education is the first step (the Committee feels inadequate at this point to address such issues.) Forms for how to address such issues were discussed. Bachmann: In the past, we have had series of seminars. Discussion of human relations with school PTO's and church groups is a possibility, • can be on an informal basis.A possible topic is "Why do we Have a Human Rights Ordinance?". Human Relations Commission Minutes of the November 10, 1977 Regular Meeting • Page Six Bachmann indicated she had made 1,500 personal contacts last year. She further indicated that she has formulated some basic speeches which she gives, and that they vary depending on the specific audience. Human Relations Commission members could make speeches and have group discussions on an informal basis. Shoemaker: The format I had in mind was a type of panel discussion. (Bachmann indicated that that was the format used in working with the Chamber of Commerce.) Napheys: We could send letters to all professional, service, etc. clubs, saying that we would accept invitations for speakers. Bachmann: We have received several requests from the press for information and responses to human rights issues. It would be nice if the Human Relations Commission members could address editorials, etc. Lambert: We would need some kind of mass media as well as informal panels. Bachmann: We could send open letters to newspapers with questions. • Shoemaker: I would like to explore this, we need to get specific and get commitments from the press. The Committee got into specific topics, e.g., rights of ex -offenders, more contact with the Chicano community. Lambert suggested involvement with Holy Family Church and the Assembly of God. Sysum suggested working through Community Education. Shoemaker indicated that the Committee discussed the need to educate the City as well as the general public. Zimdahl suggested starting with existing channels and that letters sent to various clubs and agencies could be a motivator. Napheys: We need to establish internal agreement as to responding to the public. The Education Committee will get a packet together with specific topics and potential contacts to be presented to the Commission in January. • 9 u 0 Human Relations Commission Minutes of the November 10, 1977 Regular Meeting Page SeVen VIII. Receive Announcement of Nominati Chairman Nao Fevs Committee A Chairman Napheys indicated that the Nominating Committee shall be comprised of the members of the Executive Committee (Ben Napheys, Don Shoemaker, and Kelsey Smith). Commission Member Napheys indicated that it is up to City Council to appoint new members to the Commission. Commission Member Napheys moved that, as a general policy, when a vacancy occurs during a term, that the Commission recommend that Council review the applications received for the most recently advertised vacancy and select a replacement from among the applicants still willing to serve. He further recommended that Paul Salas be recommended to fill the vacancy on the Commission created by the_resigna- tion of Gloria Hershberger. Commission Member Zimdahl seconded, and motion passed 7 - 0. Ayes: Commission Members Shoemaker, Lambert, Zimdahl, Drieth, Kelsey Smith, Sysum, and Npaheys. Nays: None. Commission Member Lambert indicated that he would like to see more women on the Commission. IX. Subsequent Meeti1ng_s - General and Specific Agendas. As indicated inthe agenda, future meeting agendas were reviewed. X. Other Business Bachmann reported on the success of the Equal Employment Opportunity workshops, and expressed gratitude to the Chamber of Commerce for covering the expenses. XI. Adjournment Commission Member Shoemaker moved for adjournment and Commission Member Zimdahl seconded. Meeting was adjourned at 9:30 p.m. by acclamation.