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HomeMy WebLinkAboutHuman Relations Commission - Minutes - 01/13/1977CITY OF FORT COLLINS MEMORANDUM DATE: January 31, 1977 TO: Human Relations Commission FROM: Mary Ann Kennaugh, Secretary RE: I Minutes of the January 13, 1977 Regular Meeting Called to order at 7:30 p.m. by Chairwoman Batson in City Council Chanbers, 300 W. LaPorte Avenue. II. Role Call III Members Present Margaret Batson Ken Drieth Don Shoemaker Gloria Hershberger Steve Smith Kelsey Smith Members Absent Art Jackson, excused Ed Ostertag, excused Ben Napheys, excused Staff John D. McGraw, Human Resources Department Mary Ann Kennaugh, Secretary Guests Lucia Liley, Assistant City Attorney Arvid Bloom, City Councilman Dr. Benson, CSU Psychology Department Members of the Larimer County Association of the Blind and Physically Handicapped Bob Evans, Editor of The Word Wayne Taylor Minutes of the December 9, 1976 meeting were approved as distributed by consensus. IV. Handicapped Presentation: See Exhibit "A" The proposed formation of a Handicapped Advisory Group was originally presented to City Manager Brunton. Subsequent meetings with Susan Jones, Assistant to the City Manager, and Lucia Liley, Assistant City Attorney, resulted in the formulation of proposed goals, Human Relations Com sion • Minutes of the Janu 13, 1977 ReIgular Meeting Page Two and a presentation to City Council by the group, requesting that they become an advisory committee to the City Council. Council's recommendation was that the group request to become a standing committee under the Human Relations Commission. The following presentation was made to the Human Relations Com- mission, including a proposed amendment to the Human Relations Commission By-laws (as distributed). The group is requesting 1) the Human Relations Commission's approval of the concept of this type of group as one of their stand- ing committees, and 2) consideration of approval of the proposed amendment to their By-laws. Following were points of discussion: Dorothy Lasley, Larimer County Association of the Blind and Physically Handi- capped- The proposed By-laws amendment lays out six functions of the group, which address ways of dealing with major problems encountered by the handi- capped. These functions were detailed with the following points: The advisory group, through collection and assessment of data on the handicapped in the City, could more effectively 1) act as representatives to the City government, 2) assess current building codes and recommend necessary or advisable actions to be taken (e.g., standards for slope of ramps, etc.), 3) work with City Planning and Zoning regarding zoning for residential homes for the mentally retarded and physically handicapped (current zoning does not allow group homes to be located in single-family residential areas), 4) educate and coordinate with the business comminity on handicapped problems in employment, and 5) establish a clearing house for the dissemi- nation of information pertinent to the needs of the handicapped (e.g., available resources for wheelchair repairs and equipment). Working in conjunction with the Human Relations Commission, the advisory group can take an intelligent and economic approach towards educating the public, giving needed strength to the "voice of the handicapped", encouraging the handicapped to more actively participate in the community, and ensure continuity and good representation of the handicapped by monitering member- ship selection to the group. ! The efforts of the group will also benefit the elderly in the Community. National average for the percentage of total population who are handicapped (including the blind, epileptics, the deaf, etc.) is 20%. Dr. Benson, CSU - Some current court decisions have ruled that group homes such as those for the handicapped and mentally retarded are considered families. Don Shoemaker moved the adoption of the proposed By-laws amendment, and that continuity of membership on the advisory group be maintained by staggering the terms of membership. Gloria Hershberger seconded, and motion passed 6 - 0: Ayes: Commission members Batson, Drieth, Hershberger., Shoemaker, Smith, and Smith. Nays: None. Discussion of financial assistance in providing transportation for the group to Human Relations Commission meetings followed. Steve Smith moved that Human Relations Cosion Minutes of the JanLIWY 13, 1977 Regular Meeting Page Three John McGraw check into financial assistance in providing transportation, to arrange for such assistance if possible, and report back at the next meeting. Gloria Hershberber seconded, and motion passed 6 - 0. Ayes: Councilmembers: Batson, Drieth, Hershberger, Shoemaker, Smith, and Smith. Nays: None. V. Report from Gloria Hershberger on the Police Grievance Procedure: Gloria distributed some informational sheets on the complaint procedure and indicated the following points of concern, which were discussed at the last meeting of the group studying the grievance procedure: See Exhibit "B". Gloria indicated that these procedures apply only to formal, written complaints. It was suggested that a call -in complainant should be advised that a written, formal complaint must be submitted. Councilman Bloom stated that Boards and Commissions are only advisory to City Council, and should not assume administrative powers. John McGraw indicated that a legal examination of codes and charter provisions should be made, and scrutiny of end results of the Commission's involvement is needed. Gloria Hershberger indicated that there currently is no written policy on complaint procedures, VI. Affirmative Action, Steve Smith distributed copies of The Word containing an article on Affirmative Action and Equal Employment Opportunity within the City. He presented the article for review, pointing out that one of the objectives of the Commission is to help the Human Rights Office as much as possible. He suggested that the article be on the agenda for the next meeting, and indicated that the Human Relations Commission would be put on the mailing list to receive The Word (published monthly). VII. Goals and Objectives: Copies mailed with thb December 9, 1976 minutes. VIII. Responsibilities of a Commission Member: Chairwoman Batson made the following points: - A member is expected to attend meetings without being called for verification, and is expected to notify the Chairwoman or the staff if he/she is unable to attend. Three consecutive, unexcused absences from regularly scheduled meetings shall cause a member's appointment to terminate. Human Relations Co Sion Minutes of the JAI 13, 1977 Regular Meeting • Page Four - The Commission membership consists of nine persons rather than the pre- vious fifteen as this seems to be a more workable number. IX. Appointments to Standing Committees: Executive: Margaret Batson, Chairwoman Ben Napheys, Vice Chairman Gloria Hershberger, Secretary John McGraw, Ex-Officio Education: (including Human Relations Commission publicity) Don Shoemaker Ed Ostertag Ken Drieth City Council Advisory Steve Smith Kelsey Smith Gloria Hershberger Appointments to Special Committees: Police -Community Relations: Gloria Hershberger Steve Smith Don Shoemaker Revenue Sharin Ben Napheys tentative) (to be appointed later) 11 11 11 41 Housing Improvement: Art Jackson with assistance when required) X. Other Business: The Commission noted receipt of the Human Rights Officer's annual report, and requested that it be placed on the agenda for the next meeting. XI. Meeting adjourned at 9:20 p.m. i n XQ/7- PRCF03AL OR THE ES1'AW13H 1ANT OF AN ADV'ISCRY CUTMCIT. To TI+i, CITY COUNCIT, YOR TF�'. PAJ'TIICAPPy'? ae the members of an ad hoc committee to represent the needs of the handicapped in the Fort Collins area propose the estohlishr+ent of an Advisory Council to the City Council for the Hnndionnned. This Advisory Council would be composed of nine members npnointed by the City Council and serving without comnensation. It is rrcnosee that n+' the nine members at P31 times a. minimum pf six "ambers sbnll be handi- capped and that all members be involved with and hive an interest in the handicapped of the community. Funding, of the nrorosed Advisory C.oun- cil's activities other than those activities provided for with staff sun - port by the City Council will be self-generatinv. The Teneral goals of the proposed Advisory Council would be as follown : 1. to assess the number of ha&ic,"red r-rinns within the wort Collins area and to collect data that would inform the Advisory Council of the specific needs of the handicapred individunls and groups in order to adequately rehresent the handicapped and to provide all reco-rendntinns to the City Council with supportive data regarding any rronosed action. 2. to recommend actions to the City Council that would insure that public buildings, existing and proposed, be free of architectural barriers that would restrict the use of such buildings by the handicapped and to recommend actions that would matte public, buildincs and other hnild_ ings within the business and residential communities within the city r+ore accessible via existing and proposed public owned street intersections, sidewalks, alleys, and narwing and mall. areas. n 3. to recommend actions to the City Council that would matte city recreational facilities as well as cultural programs and events more ac- cessible to the handicapped by providing; transportation service to those unable to transnort themselves or use exlstinn transportation services. 4. to communicate with the Plnnnln^ and 7oninn Board in reward to chanainT existing zoning codes that inhibit unrelated handicapned indi- viduals from forming croup living associations within residential zones so that they may lead, to their capacity, full and independent lives nwn v from the restrictive atmosphere and routine of nur,sinT home care. This communication with the Tanning and Zoning Board would include an assess- ment of the residential needs of hardicanned indl-iduals who desire to live within the community and recommendations on the lncation and construction, if applicable, for these associations. 5. to comranicate with the business community on the abilities of the handicapped in. Teneral and handicapped individuals in order to matte viable the necessary distinction between a ha.ndicarred indlvidunl's nbillty to perform successfully at a job in spite of a hnndicar and a handicapped individuals inability to perform successfully at a job because of a handl- cap. It is proposed that, in addition to educatin^ the business community on the needs and abilities of the handicapped employee, the Advisory Council would act as a body to hear specific complaints or pnvrpstI-ns fr-_ a han?icappe,"1 Indlv?.A'nn! re7ar0in« matters of ornloyment as *sell as those o+' the present or prospective employer of a handicapped individual when an accusation has been made, either before the Proposed Advisory Council or the Officer of Human giThts, that there exists a violation of the `Iumin Rights Ordinance. In such instance the Advisory Council could recommend actions to the parties involved ant to the Human Rights Officer upon reauest. (21 6. to establ• a clearing house for th•iisseminntion of infor- mation pertinent to the needs of the handicapped includinrr the area.^, of accessibility, transportation, residential needs, employment onoortunitiec regarding the procurance and maintenance of appliances and products Onsigned for the special needs of the handicapped. It is also proposed that this clearing house provide information on and stimulus for avenues of na-ticl- pation for the public to initiate activities and rrocrams that would better the lives of the handicapped within the community. rt is also proposed that the Advisory Council would initiate activities desicned to make the public aware of the proposed Advisory Council and to educate the public on the presence of the handicapped individual, In th^ community and their special abilities to serve the community not only in nccomnlishinn the goals of the Advisory Council but in aiding the accomplishment of the broader goals of the petmleliving in the }Fort Collins area, It is our desire to persuade the business sector that the handienpped are an important cons""er soup as well as a valuable labor resource and to demonstrate to the nublir. sector that the handicapped can contribute in public matters without bean¢ a burden to the citizenry. Therefore we feel it is in everyones best 1---: terest to make all roods and services readily accessible to this important segment of the population. �hl8/T • On Thursday, 13 January 1977: Sam Van Why, Paul Salas, Lt. Davis, Pat Kelley, Bud Reed, Lucia Liley and I met to work on the police grievance procedure. The main points that were agreed upon were the following: 1. When does the complaint officially begin? It officially begins when the complaint is filed. However, the officer involved in the complaint has the option of not talking to the investigating officer until the investigating officer talks to the complainant. After the investigating officer talks to the complainant the officer no longer has the option of not talking to the investigating officer. 2. Will complaint forms be available at other locations than the police station? Yes. Complaint forms will be numbered; they will have to be notarized; they will have to be delivered to the police station by complainant or his agent and the receiving officer will have to sign for them and give the complainant a copy. This will alleviate the problem of misuse of complaint forms. 3. Does the complainant have to go to the police station to No. The investigating officer at his discretion will meet at other locations than the police station and at reasonable hours in the evening to talk to the complainant. 4. Is the officer being complained about, allowed to read the complaint before making his statement? Yes. The check against the officer fabricating his own story to cover himself, is that there is usually an incident report filed upon the particular incident that led to the complaint. Also the officer's interview with the investigating officer is taped and can be transcribed. 5. Should there be a written response from the officer complained about to the complainant? Yes. If the officer was acting according to regulations or operating pro- cedures of the police department, he should state so. The citizen needs to know what the individual officer did. This applies only to written formal complaints and not to telephone calls, etc. • • At1fTJ "LENT OF SECTION III A OF THE 1PLA"S OF THE HUMAN RELATICNS COMMISSION RELATING TO STANDING CO,!,PIITTEES PROPOSED AMENDMENT: That Section III A of said By-laws be amended by adding thereto at they end thereof the following: 5. Handicapped Advisory Committee A. Members. This cormittee shall be comprised of nine persons, six of whom shall be handicapped persons appointed by the Human Relations Commission from qualified applicants and three of whom shall be members of the Human Relations Commission appointed by the President of the Commission. �. Functions. 1) To collect and assess data on the handicapped in the Cite. 2) To recommend such action as would be necessary or advisable to improve the accessibility to the handicapped of buildings within the City. 3) To recommend such action as would be necessary or advisable to provide improved transportation services to the handicapped. 4). To work with the City Planning Department and the Planning and Zoning Board on revisions of ahe Zoning ordinances relating to the handicapped. 5) To educate and coordinate with the business comnunity on problems of the handicapped in the area of employment. 6) To establish a clearing house for the dissemination of information pertinent to the needs of the handicapped. C. Operating Guidelines. The committee s:iall adopt such rules and .operating ,procedures as necessary and desirable which rules and procedures shall not be inconsistent with the Charter or Ordinances of the City of Fort Collins or with the By-laws of the Human Relations Commission. Cooies of these rules and procedures shall be presented to the Human Relations Co.inission for official con- firmation and a copy of said rules and procedures shall then be filed with the City Clerk. - slrh I: Of Iic ial CompI A should he f_i Ird within trl d;* of the ink. 1dent . Complaint IiIcd will) Chief of Fort Collin:; gp7t� a(mQ(/Yl t PoI if r. IleparLmcnt or his designee &A �(01 �!((/�e' 4� 1ylVw1("/�1 /,p(�4AIL1 `fit,W` Ste]) 3: _;.,Copy of complaint seitwith certain --- -` exeeptic�? w�4•i !�'lt�(tr'� _i I. City Mana"('r ! Division Chief of division in which officer or officers are located. 3. H.uman Relations Commission 4. Officer or Officers involved SLep 4: I, $• (�.��Qvn,W/vt.l Investigation by Admistrative Aide or oLhcr designee , W4wcC Wa ste 5: r4C f f z' r - - if investigation is not comn]etc, '1 wee4. I status report will br Sent to: -- 1. Chief of Police "'. City ilanager 3. Complainant 4. Human Relation Commission SLep 6: .- J off;- dh • UThen investigation is completed, r_sults of report will be sent to Chief of Fort Collins Police llepartmenL I47 - - 11�" ___ Copies` t o : I I. City Manager 2. Division hilic'f of division in which officer I or officers are located. 3. Human Relations Commission --------- I 4. Officer or Officers Involved 5. Complainant Stop 7: SLep 8. Comments to Po -lice Chief Possii)le appeal by Complainant to Chief and Administrative Aide if disagree with report and want investigation reopened. I I I Copv of decision to the Comnlainant I I Possible Appeal to Citv Manager by Complainant if still dissaL1sfi.ed and wants investigation reopened. - I I I Copy of decision to Complainant ComplainanL may appc;il'lu court systcm if still dissalisf ied with Citv o'Liocl. CMIPLAINTS AGAIN',: POMCIs o F1cf.l,,S General Any person who feels that he or she has boon improperly Created • by an officer or officers of the Fort Collins Police Department .shall have the right to file an official complaint against such officer or officers and have that complaint be objectively and -thoroughly investi- gated by the Fort Collins Police Department. - The general complaint procedure set forth below has been developed to protect the rights of both complainants and officers. Basic Procedural, Steps Complaints against the officers of the Fort Collins Police Department shall be handled as follows: 1) "Any person desiring to file a complaint against an officer of the Fort Collins Police Department shall do so within thirty (30) • days of the orcurence of the incident. 2) Such complaint shall be filed in all cases with the Chief of the Fort Collins Police Department or another member of the Fort Collins Police Department designated by the Chief to handle complaints. 3) After a complaint has been filed as set forth above but before investigation of the complaint is begun, copies of the complaint shall be sent to the following: o) Cil.y Manager b) Division Chief of division in .which officer nr officers are located. c) Human Relations Commission d) Officer or officers involved 0 Copios of the complaint shaII not initially be sent to the • above persons iri cases where sending the complaint to such persons, in the judgment of the Chief of Lhe Fort Collins Police Department, • • could prejudice or ,jeopardize .the investigation. In all. such cases, however, a copy of .the complaint shall later be sent to all the above Perseus ',clang with a-copv of'tlie report of the investigation. 4) The Administrative Aide to the Chief or another member of the Fort Collins Police Department designated by the Chief, upon receipt Of. a Complaint, shall immediately begin an investigation of the complaint, including interviewing the parties involved and all witnesses, ordering polygraph examinations when necessary, and accumulating and preserving all relevant phvsical evidence. [Note: Plore detailed proceduralsteps for the -investigation of complaints will be drawn up and approved by the Chief and the City *tanager aL a later date. j 5) if the investigation is not completed within three (3) weeks of receipt of the complaint, the officer in charge of the investi- (Yation shall submit a status report of the investigation to the following persons, explaining why the investigation is not complete and giving inapproximate date as to when such report will be complete: a) Chief of Police b) Cite Manager c) Complainant d) Human Relations Commission 6) When the invest igat inn 1g romp loty, the riff icer 1n charge of the investigation -shall compile a comprehensive` report,- - detailing the investigative steps Laken and setting forth the findings of the investigation. ''A copy of this report shall be submitted to Lhe Chief of Police for 'review, after which Lhe -invesLigaLiac officer shall send copies of the report t,o: a) City Manager b)' Complainant c) Human Relations Commission 7) The Human Relations Commission shall review the report and may send any suggestions or other comments about the report to the Chief of Police for his consideration. The Chief may, aL his discretion, take further ,action, including • additional investigation or revision of the findings, in which-case,notice of the further action being taken shall he sent to the Complainant, the Human Relations Commission, and the City Manager. 8) If the complainant is not satisfied with the sufficiency or accuracy of the investigation and/or the renort on Lhe investigation, the Complainant shall have the right to appeal to the Chief of Police to have the investigation reopened and - the findings or -the report reconsidered. After due consideration of Complainant's position, the Chief shall notify the Com- plainanL, as well as the City *tanager, W writing, of his decision. If the decision of the Chief is to reopen orreconsider, then notice of the same .shall also he sent to the officers involved. c.I �. 9) If the Chief denies the Comp] ainn nL's rvgnest to reopen • the investigation or to reconsider the findings of Lhv reporl, the Complainant shal-l. have the A ght to appeal such decision to the City Manager. The City Manager's decision shall be final and notice of that decision shall be sent to the Co•n plainant and to the Chief of Police. Tf the C-.itv Manager''s decision is to allow the Complainant's request, notice shall additionally be sent to the officers involved. i0) if a Complainant remains dissatisfiedwith the City action which has been taken, the Complainant may then pursue any remedies which he may have in the court system.