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HomeMy WebLinkAboutHuman Relations Commission - Minutes - 01/10/2013City of Fort Collins Human Relations Commission Regular Meeting Minutes January 10, 2013 City Hall West, Council Information Center: 5:30 p.m. The Human Relations Commission promotes acceptance and respect for diversity through educational programs and activities to discourage all forms of discrimination based on age, disability, gender, race, religion etc. Council Liaison: Mayor Karen Weitkunat Staff Liaison: Melissa Herzog Recorder: Rebecca Bowen Commissioners Present: Kent Bryans, Colleen Conway, Myles Crane, Christine Hays, James Lesco, Mary Lyons, James Owiny, Preety Sathe, Faith Sternlieb Excused Absent: None Others Present: Greg Tempel, Senior Assistant City Attorney Meeting Summary: 1. Senior Assistant City Attorney Greg Tempel reviewed the HRC’s role, its relationship to City Council, and responded to various HRC-specific questions. 2. The HRC discussed potential guest invitations for future HRC meetings including the Mayor, and speakers from Alliance for Suicide Prevention, ARCH, CSU, Department of Social Sustainability, and United Way 2-1-1. 3. The HRC is seeking a potential keynote speaker for the HRC Awards Breakfast on May 2nd. Governor John Hickenlooper’s name was mentioned for consideration. 4. The HRC supports the Women's Commission's recognition of International Women's Day. Call to Order: Interim Chair James Lesco called the meeting to order at 5:33 p.m. Public Input: None Welcome Members and Guest: Interim Chair James Lesco welcomed new Commissioners Mary Lyons and Faith Sternlieb, reappointed Commissioner Preety Sathe, recorder Rebecca Bowen and Senior Assistant City Attorney Greg Tempel. Agenda Review: Under New Business, Commissioner Christine Hays proposed discussion of Gun Surrender Day and Commissioner Myles Crane suggested some additional agenda modifications including discussion of the 2012 HRC Annual Report. After HRC discussion, Commissioner Myles Crane motioned to approve the January 10, 2013 Agenda with proposed changes. Commissioner James Owiny seconded the motion. The motion was approved 9:0. HRC January 10, 2013 – Page 2 Approval of Minutes: Interim Chair James Lesco advised that he was waiting for input from former HRC Chair Karen Buchanan. Commissioner Christine Hays mentioned that she would also forward some changes to the Staff Liaison. The HRC agreed to defer approval of the Minutes until the above were completed. Commissioner Christine Hays made a motion to approve the December 13, 2012 Meeting Minutes pending changes. Commissioner James Owiny seconded the motion. The motion was approved 9:0. Budget Report: Staff Liaison Melissa Herzog reported that there was a 2012 year-end balance of $0.34. This included a deposit for the HRC Awards Breakfast caterer on May 2, 2013 at the Senior Center. The current HRC balance was reported as $3,801.23. Commissioner Myles Crane reported that three City of Fort Collins HRC Service Award plaques were presented shortly after the December 13th meeting to the former Chair, Vice Chair and Staff Liaison in recognition of their excellent contributions to HRC as well as the latter’s 35 years service to the City. Soon after receiving her plaque, the former Staff Liaison mentioned to Commissioner Myles Crane that she hoped that all three Fort Collins service awards were or would be paid for out of HRC funds. She said that these Fort Collins HRC awards were definitely a legitimate City expense. She also suggested that the HRC discuss this at their January 2013 meeting. If approved, then payment should subsequently be made out of 2013 funds. During HRC’s careful deliberation, Commissioner Christine Hays expressed her concern that the HRC should have voted to approve the use of these funds for the plaques. Commissioner Myles Crane stated that while he agreed in principle with Commissioner Christine Hays, as a practical matter under the circumstances, it would have been awkward for the HRC to vote at the December meeting with the three award recipients present and unaware that they would be receiving this special recognition. Commissioner Kent Bryans motioned to approve the $198.77 tax-included expense for the three plaques. Commissioner Mary Lyons seconded the motion which was approved 6:2 with yeas from Commissioners - Kent Bryans, Colleen Conway, Myles Crane, James Lesco, Mary Lyons and James Owiny and nays from Commissioners – Christine Hays and Preety Sathe. Commissioner Faith Sternlieb abstained. Guest Speaker: Senior Assistant City Attorney Greg Tempel distributed excerpts from the Municipal Code and presented a training overview for new HRC members and a refresher perspective for existing members. He thoroughly discussed HRC’s role, responsibilities, and relationship with City Council. He addressed matters pertaining to HRC’s quasi-judicial capacity. He answered other HRC questions. Attorney Tempel also mentioned that while Council can approve any HRC activity in advance, Council holds the right to cancel any event. Commissioner Mary Lyons asked how an HRC member might become aware of the need to help an individual with the complaint process. Attorney Tempel suggested the HRC explore options to promote this service as well as talk with the Citizen Review Board. Committee Reports: Executive Committee: Interim Chair James Lesco thanked Attorney Greg Tempel for coming and informing the HRC on important issues and practices. He then discussed the 2013 HRC Work Plan and 2013 HRC Annual Report. Commissioner Mary Lyons inquired about the posting status of the 2013 HRC Work Plan. Commissioner James Owiny responded that the Work Plan for 2013 was approved at the November 2012 HRC meeting and was not yet available for posting to the website. HRC January 10, 2013 – Page 3 Interim Chair James Lesco stated that input is needed from former HRC Chair Karen Buchanan for approval of the 2012 Year End Report. As all input is expected to be forthcoming shortly, he requested that a quorum be present to vote at the Media & Community Recognition Committee Meeting on January 17th. Commissioners Kent Bryans, Myles Crane, Colleen Conway, Christine Hays, James Lesco, Mary Lyons, James Owiny, and Preety Sathe all confirmed that they were planning to attend. Government Relations Committee: Committee Chair Preety Sathe discussed the Citizen Liaison Program and updates from the City Council meeting. Commissioner Colleen Conway stated that she had emailed information from the recent City Council meeting for Committee Chair Preety Sathe’s review. At the City Council meeting on December 4, 2012, a proclamation was made for Human Rights Day on December 10th. At that meeting, the HRC was represented by Committee Chair Preety Sathe, former HRC Chair Karen Buchanan and former HRC Vice Chair Elaine Boni. The next meeting will be the State of the City on January 29, 2013 at the Fort Collins Museum of Discovery. Committee Chair Sathe encouraged HRC members to attend the January 29th meeting as well as at least three meetings of City Council during 2013. Educational Outreach Committee: Committee Chair Myles Crane requested HRC members to consider guest speakers for future HRC meetings. Commissioner James Owiny suggested considering the Larimer County Alliance for Suicide Prevention. Commissioner Mary Lyons recommended adding Affordable Housing as a topic on a future meeting agenda as well as Habitat for Humanity. Commissioner James Owiny also added consideration be given to the Housing Board. Commissioner Faith Sternlieb commented that there are many organizations - in the surrounding area, that could provide valuable input to the HRC. She suggested connecting with the 2-1-1 Service offered through United Way. Approved HRC guest speakers to date include Joe Frank, Department of Social Sustainability and Linda Rumney, ARCH. After further discussion, Commissioner Faith Sternlieb motioned to approve invitations to the following guest speakers: Mayor Karen Weitkunat, Council Liaison, Lori Daigle, Alliance for Suicide Prevention, Bridgette Johnson, Black/African American Cultural Center at CSU, and Tracy Hays, United Way 2-1-1. Commissioner Preety Sathe seconded the motion which was approved 9:0. HRC members discussed various ways to inform the public about HRC services. Commissioner Hays suggested reviewing the police department website as well as other outreach agencies that work with minorities. Commissioner Kent Bryans mentioned that HRC’s contact with the police department has already started with prior Vice Chair Elaine Boni’s excellent work with the Citizen Review Board as well as the police captain’s presentation to the HRC at its Dec 13th meeting. Commissioner James Owiny also suggested that HRC consider a printed card with information about the HRC’s function and services. Media & Community Recognition Committee: Committee Chair James Owiny thanked Staff Liaison Melissa Herzog for taking care of the down payment for the HRC Awards Breakfast on May 2, 2013. He also asked HRC members to brainstorm ideas for a potential keynote speaker. Suggestions included Governor John Hickenlooper and State Representative Joann Ginal who is a former HRC member. Interim Chair James Lesco asked the HRC to refer to the By-Laws for any political invitees and request Council Liaison approval for potential key note speakers. Commissioner Mary Lyons motioned to invite Governor John Hickenlooper and State Representative Joann Ginal as a backup speaker pending approval from Council Liaison. Commissioner Preety Sathe seconded the motion which was approved 9:0. Committee Chair James Owiny also suggested that HRC consider additional potential keynote speakers at the February HRC meeting so that HRC has a list of potential alternative speakers. HRC January 10, 2013 – Page 4 HRC discussed its translator services. Commissioner Faith Sternlieb asked where people can find out more information if a translator is needed. Committee Chair James Owiny stated that the cost for translator services vary based on the individual translator’s fee schedule and he suggested HRC do a Google Search first to find out average fees. Old Business: The HRC discussed their communication flows. The process for Meeting Minutes will flow from the recorder Rebecca Bowen to Staff Liaison Melissa Herzog to the HRC Chair to the HRC members for comments. The Regular Meeting Agenda will be sent out one week before HRC meetings. Commissioner Christine Hays suggested that for email responses, individuals email their comments and corrections to the sender and not to all HRC members. The HRC also discussed that electronic communications to Commissioners should not include routine thank you messages copied to all HRC members and the Staff Liaison. This will reduce the amount of emails in each HRC members’ inbox. Also Interim Chair James Lesco spoke about the option of using Google Docs and DropBox. Commissioner Myles Crane commented that these are among various options which HRC can explore. He mentioned that Google Docs may have some potential challenges in its implementation. The HRC congratulated Commissioner James Owiny for being nominated as a Martin Luther King Day Parade Leader. Commissioner James Owiny then invited HRC Board Members to march with him and/or hold the HRC banner or be a volunteer for street management. New Business: Interim Chair James Lesco entertained nominations for the HRC Board elections at the next regular HRC meeting on February 14, 2013. Commissioner Myles Crane said he would like to serve as Chair or Vice Chair. Commissioner James Lesco said he would like to serve as Vice Chair. Commissioners James Owiny and Preety Sathe expressed their wish to remain as Chairs of their respective committees. Commissioner Myles Crane requested members to consider being nominated as Education Committee Outreach Chair. The February election will include the Executive Committee, Standing Committee Chairs and individual HRC member assignments to Standing Committees. Commissioner Faith Sternlieb inquired how committees are formed and if it is possible to suggest an additional committee. Interim Chair James Lesco pointed out that there are standing committees set out in the ByLaws and there is always an option to suggest additional committees through City Council. Interim Chair James Lesco stated that attending all Committee meetings is not a requirement for HRC members but attendance at meetings on which a commissioner is an assigned committee member is expected. Public participation is also encouraged at HRC meetings. With regard to potential weapons surrender, Commissioner Christine Hays stated that she would like to explore the possibility of HRC becoming part of an a Fort Collins Weapons Surrender Day and work with the Fort Collins Police Department. This issue was discussed at length by the HRC after which Commissioner Christine Hays stated her decision to address this matter with the Police Department directly as a private citizen since it may fall outside the purview of the HRC. Liaison Reports: Office on Aging: Commissioner Myles Crane stated that COO Dan Robinson of PVHS was a guest speaker and spoke about the University of Colorado Health merger, widespread flu and the high demand for blood donations. The Office on Aging also discussed the Tax Work-off program for which anyone over 60 years of age earning less than $2,525 per month is eligible to apply. Real estate taxes up to $400 can be reduced through this work program. A caregiver training program is also being offered free of charge. The Office on Aging also talked about $18 million which has been proposed by Governor John Hickenlooper for HRC January 10, 2013 – Page 5 Colorado mental health services. An amount of $5 million is proposed for various social services including elder abuse. Women’s Commission: Commissioner Christine Hays will address International Women’s Day at the HRC March meeting on March 14, 2013. She mentioned that the HRC was invited to participate in the celebrations. Commissioner Myles Crane motioned for the HRC to support the Women’s Commission in International Women’s Day. Commissioner Mary Lyons seconded the motion which was approved 9:0. Other: Commissioner Faith Sternlieb asked for clarification about the role of liaisons. Interim Chair James Lesco responded that HRC members can volunteer to serve as liaison to several boards and that HRC members are not expected to attend every meeting. To become a liaison, HRC members would notify the HRC of their intention and call that board ahead of time. Commissioner Mary Lyons suggested that a formal liaison list be presented at a future meeting for HRC approval. Commissioner Christine Hays compiled and presented bullet points summarized on page 1. Motion to Adjourn: Commissioner Myles Crane made a motion to adjourn. Commissioner Mary Lyons seconded the motion. The motion was approved 9:0. The meeting was adjourned at 8:20 p.m. The next HRC regular meeting is scheduled on February 14, 2013, 5:30 p.m.in the CIC Room. HRC STANDING COMMITTEES Executive Interim Chair: James Lesco and Interim Vice Chair: Myles Crane Government Relations Chair: Preety Sathe / Kent D. Bryans Educational Outreach Chair Myles Crane/ Colleen Conway, Christine Hays Media/Community Recognition Chair James Owiny/ James Lesco HRC January 10, 2013 – Page 6 SUPPLEMENT TO HRC MEETING MINUTES JANUARY 10, 2013 Re. Senior Assistant City Attorney Tempel’s presentation at the January 10 th HRC Meeting • Executive Committee: Mr. Greg Tempel, Senior Assistant City Attorney was invited to the HRC meeting as part of a training for Boards and Commissions members. Mr. Tempel provided an overview for the Commissioners on their functions. Mr. Tempel handed out a copy of the Functions of the Human Relations Commission, as set forth at City Code section 2-263, and a copy of the Table of Contents for the Guidelines for Board and Commission Members was provided to each board member. Mr. Tempel explained that a Board of Commissions Manual should be present at every meeting and used for a reference for questions that arise. Interim Vice Chair Crane mentioned that the Board of Commissions Manual is also available online. Mr. Tempel answered questions emailed from HRC members. • The first question addressed the role of the HRC. Mr. Tempel commented that the HRC’s role is set forth in the Functions of the Human Relations Commission which he handed out to HRC members. For questions that might arise concerning certain topics and the functions of the HRC, Mr. Tempel stated that he is not the final decision maker. It is the responsibility of the HRC itself to make decisions based on the Municipal Code of the City of Fort Collins. Mr. Tempel discussed the requirement for a majority of the HRC to approve any motion as this cannot be done by any one person. Mr. Tempel stated that the Fort Collins City Council has ultimate authority with regard to the final decision for any questions regarding the functions of the HRC. Commissioner Sathe inquired about an event proposed by HRC several years ago that was initially approved by the Fort Collins City Council and subsequently canceled because HRC as part of a local government entity cannot advocate for any activities which might be perceived as potentially religious in nature. Mr. Tempel further stated that the Fort Collins City Council meetings can provide HRC with insight as to important issues in advance. Council also clearly has the right to cancel any planned HRC event. Mr. Tempel also mentioned that HRC continue to keep Council Liaison and Staff Liaison informed of all HRC planned activities. • A second question concerned the quasi-judicial capacity of the HRC. Mr. Tempel stated if the City Manager rules that a complaint filed by a citizen is not a violation, the citizen filing the complaint can appeal to the HRC which will conduct a hearing. Mr. Tempel discussed the rarity of this type of hearing request as it has happened only four times in the last sixteen years. If the need for a hearing does happen, Mr. Tempel would coach the HRC on how to conduct a Quasi Judicial Hearing. The HRC would then have the option to uphold the decision of the City Manager or ask the City Manager to proceed with the investigation of complaint. Mr. Tempel stated that one of the functions of the HRC is to provide assistance in the process of filing a complaint. However, if an HRC member assists an individual in filing a complaint, that HRC member cannot participate in the Quasi Judicial Hearing for that individual. The Senior Assistant City Attorney pointed out that if the complaint involves a court decision, then the court could listen to a recording of the Quasi-Judicial Hearing. Mr. Tempel described a scenario where an individual might believe that he or she is being evicted under one of the protected categories under City Code. If the individual filed a complaint with the City Manager’s Office and the City Manager decided to dismiss the complaint, the individual could appeal and the HRC would conduct a Quasi-Judicial Hearing. HRC January 10, 2013 – Page 7 Mr. Tempel stated that no damages can be awarded through the City’s complaint process. Many elevated discrimination claims should go through the State and Federal System. HRC members can assist individuals find that information. Commissioner Lyons asked how a member might become aware of the need to help an individual with the complaint process. Mr. Tempel suggested that the HRC could explore options to promote this service as well as talk with the Citizen Review Board. Commissioner Sternlieb asked where the HRC could find out more information if a translator is needed. Commissioner Owiny stated that fees for translator services vary based on the individual translator. He suggested that HRC do a Google Search first to find out average fees. • A third question related to how HRC might find out more information in a hypothetical situation involving any potential HRC conflict by a Council member. Mr. Tempel stated that the first step would be to speak with the Council Liaison if this situation arises and to look for ways to communicate the necessary information without aggravating the situation. • A fourth question requested Mr. Tempel to discuss HRC majority voting. Mr. Tempel stated that a 5:4 vote is needed for a majority vote for HRC. The specific vote tally should be recorded in the Meeting Minutes as well as the names of any HRC members with dissenting votes. •A fifth request was to find out more information on whether there are restrictions on HRC members joining groups outside the City Council boards and commissions. Mr. Tempel stated that unless a conflict exists in the City Code and City Charter, there are no clear restrictions other than an HRC member cannot benefit from influencing the HRC on behalf other outside group in any way. HRC members can join any group if they are acting in an individual capacity (non- HRC) as a private citizen. Also, no HRC member is authorized to incur any dues on behalf of the Commission because the HRC is not a legal entity. If HRC votes to join an organization with a dues requirement subject to the City’s approval, then HRC members need to work with the Staff Liaison and Council Liaison on behalf of City Council. This is because the City itself would become the member of the organization, not the HRC. Mr. Tempel stated that joining a statewide organization such as a statewide Human Relations Commission should not be an issue if there are no dues and the organization fits well within the functions of the HRC. All paperwork would be submitted to the Staff Liaison who would present it through the City of Fort Collins. • A sixth question requested Mr. Tempel to review the rules for quorums at HRC subcommittee meetings. Mr. Tempel stated that the majority of HRC subcommittee members attending an HRC subcommittee would constitute a quorum. If there are five HRC members on a subcommittee, and three were present, this would constitute a quorum. Approval of motions at that meeting would require at least a 2:1 majority vote of the quorum. HRC is also permitted to conference call other HRC members if needed. Mr. Tempel reminded the Commissioners of the requirement to post meeting agenda with locations no less than 24 hours before the meeting. This information must be posted in the foyer of the building, sent to the City Clerk and posted on the City of Fort Collins website. Staff Liaison Herzog stated that the HRC meetings for 2013 have been posted. Commissioner Sathe asked if by coincidence, HRC member happen to meet unexpectedly in the same place, what would happen if they started discussing HRC business. Mr. Tempel stated that it is required to post the HRC meeting as discussed 24 hours prior and to abstain from discussing HRC business outside of these posted meetings. Commissioner Owiny asked about the option to brainstorm with HRC members outside of HRC meetings. Mr. Tempel HRC January 10, 2013 – Page 8 stated the requirement to post the information for HRC meetings as discussed. Commissioner Conway shared an example of a citizen who observed several members of a board in the City of Loveland meeting unofficially in a coffee shop. Subsequently that board was instructed not to conduct such meetings without posting appropriate prior notices. • A seventh question requested Mr. Tempel to comment on the propriety of two incidents. First incident occurred after the HRC Make It Stop – Anti-Bullying forum in 2011 when an attendee left a note on a chair that she was afraid of being bullied. An alert HRC member sent the phone number provided by the attendee to the FC Police Department who immediately got in touch with the lady and resolved the situation. A second recent incident involved an HRC member who volunteered as a Poudre School District MLK essay contest judge. The HRC member observed some potentially questionable language in an MLK essay written by a PSD middle school student. In light of prior events at Columbine and more recently at Newtown, the HRC member reported this language as a potential red flag to the Senior coordinator for the MLK essay contest. The Senior essay contest coordinator then confirmed to the HRC member that she in turn subsequently reported the use of this potentially irresponsible language to the appropriate school personnel for the school’s evaluation. Mr. Tempel commented that in both circumstances the individuals acted responsibly but that each did so in an individual capacity and not as part of the HRC. This is because the HRC had not voted in advance to approve either action. Also, Mr. Tempel pointed out that were the HRC or subcommittee to have voted to take these actions, the HRC cannot make any further inquiry or take any additional action once the appropriate personnel authorities were notified in both the police department and the school district. • An eighth question requested Mr. Tempel to explain the difference between a commission and a board. He stated that he was not aware of any significant difference. Mr. Tempel thanked everyone for volunteering on the HRC and Commissioner Sathe, Chair of the HRC Government Relations Committee for inviting him to the meeting.