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HomeMy WebLinkAboutHuman Relations Commission - Minutes - 11/14/2013City of Fort Collins Human Relations Commission Regular Meeting Minutes November 14, 2013, 5:30 p.m. CIC Room, 300 Laporte Avenue, City Hall West Fort Collins, Colorado 80521 The Human Relations Commission promotes acceptance and respect for diversity through educational program 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: Michele Scalva Commissioners Present: Colleen Conway, Myles Crane, Christine Hays, Faith Sternlieb, Preety Sathe, Mary Lyons, and James Owiny Others Present: Erica Gagne Glaze from the Equal Employment Opportunity Commission and Justin Moore from the Department of Regulatory Agencies Colorado Civil Rights Division. Commissioner Christine Hays left early at 6:55 pm. Call to Order Chair Myles Crane called the meeting to order at 5:30 p.m. Guest Speakers Erica Gagne Glaze advised that her EEOC Division includes New Mexico, Utah, Arizona, and Colorado. The EEOC oversees the implementation of laws/acts such as Title 7 (of the Civil Rights Act), Americans with Disabilities Act, Age Discrimination in Employment Act, areas of the Rehabilitation Act and more. EEOC reviews discrimination claims filed for private and public employers. Erica reported that 1500-3000 charges are filed per year and are investigated by a team of 11 investigators. The Colorado Division has an active litigation team in the agency as well. Some trends in complaint cases are: 1) Gender discrimination per Title VII. 2) Use of conviction records in hiring. Specifically, the Agency looks for blanket policies implemented where individuals with convictions are not hired, particularly if the convictions are not pertinent to the position that is being applied for. A disproportionate number of African-American and Hispanic males are affected by blanket hiring policies that do not hire anyone with a conviction (of any kind). The EEOC discourages employers from having such blanket policies. Better policy would be to review each case individually to ascertain what an applicant’s conviction was about and to assess its pertinence, if any, for the position that person is applying for. 3) “Return to work” policies where employers require 100% injury recovery of an employee in order for the employee to return to his/her former job (position performed in before injury). 4) Age discrimination issues particularly when the economy was slow with higher unemployment. Meeting Summary: 1. Two guest speakers Erica Gagne Glaze, Enforcement Manager, U.S. Equal Employment Opportunity Commission and Justin T. Moore, Compliance Investigator CO Dept. of Regulatory Agencies, Division of Civil Rights described their organizations and respective roles. 2. Media and Community Recognition Chair James Owiny presented and led discussion with approval by HRC for various options for HRC’s brochure, the HRC 50th Anniversary Awards Breakfast and related budget issues. 3. Vice Chair Colleen Conway presented and led discussion with approval by HRC for submission of its 2014-2015 Work Plan. Chair Myles Crane asked if the EEOC requires hiring organizations to consider a job applicant’s qualifications as a primary attribute for hiring, rather than if the applicant has had criminal convictions. Erica confirmed this was the case across the U. S. Commissioner James Owiny inquired how the EEOC deals with companies that may appear to be discriminating, but do not have an actual hiring policy that substantiates it. Erica said they still investigate these areas based on presentation of evidence that is available. Commissioner Christine Hays commented that as there are only 11 investigators for the volume of work EEOC addresses, this must be a challenge to manage. Erica concurred and stated that the investigators are all experienced and skilled in their jobs, and that there is not a backlog of cases. Commissioner Mary Lyons asked what qualified someone to be an investigator. Erica replied that there are four years of on-the-job training and that the position requires a lot of writing and analysis, which the EEOC screens that individuals are skilled in these areas and that the investigators also need to be of an inquisitive nature. Commissioner Preety Sathe inquired if an employer would/could be investigated even if there was not a formal complaint made against them. Erica reviewed ways that a claim/complaint is investigated: 1) The typical process is follow-up on issues that are brought about by a complaint, which, if a multiple people are found to be affected by a company’s discrimination practice, this could lead to a class-action situation. 2) For investigators to receive a Commissioner’s charge, these are very difficult because at least one commissioner must approve of the investigation. In these cases, an employer’s action/practice may be investigated without an actual complaint. 3) A directed charge is when a company is investigated based on the review of data collected through state systems i.e. wage reports, demographic data, etc. Commissioner Preety Sathe also inquired how the EEOC monitors employers doing financial background checks. Erica’s response was this issue typically falls under Title VII and dis-proportionately affects single mothers. Also, immigrants and other minority groups are affected more significantly. The EEOC may review hiring organizations to determine how their policies are carried out and affect applicants. In cases of poor financial background results, the EEOC would expect employers to allow applicants to explain their situations. Erica summarized that the EEOC reviews: 1) what a company’s policy is, 2) how it is being applied/implemented, and 3) how it is affecting applicants. The HRC’s second guest speaker was Justin Moore, Complaints Investigator from the Colorado Civil Rights Division (CCRD) with the Department of Regulatory Agencies (DORA). Justin works specifically in housing and public accommodations. CCRD works jointly with Housing and Urban Development (HUD) to address complaints filed. There is also some overlap in the anti-discrimination work done at the EEOC and the CCRD in the arena of employment. Justin reviewed the timelines for filing a complaint. CCRD receives complaints via email, telephone and walk-ins, and a charge can then be filed (if jurisdictional). Prior to an investigation, dispute resolution (to avoid investigation) is attempted. If not successful, interviews are conducted, evidence gathered, etc. before case details go to a deciding party, the administrative law judge. There are 500-800 charges per year and the vast majority are employment-focused, followed by housing charges. Sexual discrimination dominates employment issues and disability dominates housing charges. The top three areas in the state for complaints are metro Denver, followed by El Paso County/Colorado Springs and then Larimer County/Fort Collins, Loveland, Estes Park. Commissioner Christine Hays asked how lower income families learn about the services of CCRD. Justin stated outreach is done and there are offices in Grand Junction and Colorado Springs. Also, the Division takes and receives many referrals and that citizens can refer individual’s circumstances to the agency. Commissioner James Owiny asked how the agency may be involved with the recent flood victims in Colorado. Justin stated there is an increase in issues for housing, particularly for undocumented individuals that do need housing and do not have papers establishing citizenship. He clarified that citizenship is not required for protection under the Fair Housing Act. Agenda Review After thanking the speakers, Chair Myles Crane requested approval of the Agenda. Commissioner James Owiny motioned to approve minutes, seconded by Commission Faith Sternlieb, and approved 7:0. Minutes Review Chair Myles Crane asked if there were changes to the October 10, 2013 Minutes. Commissioner Preety Sathe motioned for approval; Commissioner James Owiny seconded and it was approved 7:0. Budget Report Commissioner James Owiny motioned to defer approval of the budget until after his presentation regarding expenditures for the HRC’s proposed brochure and the HRC awards. This was seconded by Commissioner Mary Lyons and approved 7-0. Old Business Human Relations Commission Brochure Commissioner James Owiny stated the cost to print brochures is $1.15/ brochure at Office Max. For re-designing the brochure, Melissa met with a graphic artist, Becca Henry, who will create a revised brochure draft and send it by December 5th to Melissa, who will then forward it to the HRC members to get feedback by December 9th. Melissa will forward the feedback to the designer who will make any updates and have a new draft ready by the December HRC meeting. There may be a brochure completed in Spanish and the English version may include a paragraph in Spanish about the HRC. The graphic artist offered to include any photos HRC members may want in the brochure. There was a brief discussion about including information on Title 6 and it was decided not to include this information. There was further discussion about how to improve the brochure and more detailed information was requested from members. HRC members will provide Commissioner James Owiny with a list of communities HRC interacts with and also the educational activities HRC conducts. Commissioner Christine Hays plans to select a variety of past award winners to include in the brochure. Overall, a brochure that relates to people over time and among different groups is desired. Commissioner Christine Hayes stated she will be out of the country for the next meeting and will defer to the rest of the group for approval of the brochure. HRC Annual Awards Event Commissioner James Owiny presented information.. He outlined five options for the event: 1) Hold it as in recent years. 2) Have CSU Conference Services host the event at the Drake Center where they would do the catering, set-up, and clean up and possibly make available an online registration facility for the HRC. 3) Request City staff to run the event. 4) Arrange for a smaller event, 40-50 people, and have it hosted somewhere where HRC handles all the logistics. 5) Coordinate an event just before a City Council meeting where individuals are recognized (similar to what Friends of Preservation does). This would be less formal with some basic refreshments after the meeting. Chair Myles Crane and Commissioner James Owiny will plan to meet with Mayor Weitkunat on December 17, 2013, to discuss the event with HRC’s Council Liaison, Further discussion about structure and organization for the annual awards ceremony, addressed continued participation by the Women’s Commission which HRC fully supports as well as presentation of specific awards by other boards such as the Senior Advisory Board and Youth Advisory Board. Discussion resulted in a motion by Commissioner Christine Hays, to have a small, 40-50 people, HRC award ceremony with the traditional five award categories in which other parties may be asked to be participate in the selection process for awardees. The motion was seconded by Commissioner Mary Lyons and approved 7:0. Commissioner Christine Hays left at this point, 6:55pm. Budget Review and Discussion Chair Myles Crane stated the budget was at $1,093.26 and asked for a motion to approve the budget as it stands. It was motioned by Commissioner Faith Sternlieb, seconded by Commissioner James Owiny and approved 6:0. Commissioner Colleen Conway asked about paying for a venue for hosting the awards event. There was discussion about when the event will be and how that may impact the budget. Next awards event is currently planned for Fall 2014. Commissioner Faith Sternlieb motioned to have the award ceremony in November 2014. It was seconded by Commissioner Preety Sathe and approved 6:0. Commissioner Preety Sathe also suggested having a back-up location and with advance deposit payment if funds are available on condition that the deposit is refunded if the reservation is cancelled. Other budget considerations discussed included a welcoming event for new members together with a farewell for any departing members. Additional expense/budget items discussed included the new brochure and possibility of doing a video of HRC for its 50th anniversary and possible future member recruitment if a video could be done on a cost effective basis. Commissioner James Owiny motioned for the HRC to discuss priorities of expenditures for the current HRC budget, including a deposit for the annual awards ceremony, a possible new member welcome reception, updated brochures, and other possible HRC member appreciation events. It was seconded by Commissioner Faith Sternlieb and approved 6:0. Proposed 2014-2015 Work Plan Vice Chair Colleen Conway motioned to accept the current HRC work plan draft as the final plan. This was seconded by Commissioner Preety Sathe and approved 6-0. Chair Myles Crane mentioned that Commissioner Christine Hays also had expressed her support in an email prior to the meeting. Role of HRC at City Council Meetings Commissioner Mary Lyons asked for clarification about the role of HRC at City Council meetings. Commissioner Preety Sathe stated that it is especially important for HRC to be represented at the citizen input portion and reading of proclamations. Chair Myles Crane stated it is also in HRC’s proposed 2014-2015 Work Plan to continue monitoring the monthly calendar and Agenda of City Council. Other reasons for attendance included HRC’s advisory role to Council when appropriate, presenting meeting feedback to HRC members who were not present and for HRC representatives to be attuned to community social sustainability issues as well as related pending legislative matters. Commissioner Preety Sathe announced that on December 3, 2013, at the City Council meeting there will be a reading of the Human Rights Proclamation at 5:30pm. She asked that as many commissioners come as possible and that they can leave after the reading. Street Lighting Safety Commissioner Faith Sternlieb did not have any updates regarding street lighting. Standing Committee and Liaison Reports: Executive Committee The Executive Committee will meet in late November or early December to discuss a preliminary draft 2013 Annual Report and provide this discussion draft to the HRC before the December meeting Chair Myles Crane also mentioned that commissioners might consider emailing Liaison updates to other HRC members before monthly meetings. This could help the time management of keeping meetings on track. Government Relations Committee Commissioner Preety Sathe presented a written summary of HRC’s Citizen Liaison Program for HRC members to review and comment to her prior to the December 12th meeting. The summary documents HRC’s policy which has been in place for years and is consistent with the Police Citizen Review Board. Chair Myles Crane requested the HRC to invite the Police Chief to speak at the January 2014 meeting. There was unanimous consent for this proposal. Commissioner Faith Sternlieb announced that at the HRC December Meeting there will be one or two speakers addressing issues of homeless people. Educational Outreach Committee There were no updates. Media and Community Recognition Committee The brochure updates were discussed earlier in the meeting. Also Commissioner Owiny reported that CSU is engaging in further efforts to focus on diversity. New Business There were no new business issues. Other Announcements Chair Myles Crane attended a community mental health discussion sponsored by CSU’s Center for Public Deliberation where 136 University of Northern Colorado students discussed their recollections and observations about their high school experiences regarding mental health issues. This information will become part of a broader study that Poudre School District will consider. Other updates of interest: 1. A recent ACLU panel discussion at the Coloradoan previously mentioned by Vice Chair Colleen Conway on mental health issues in the Correctional System was informative and well attended. 2. LCOA meeting today discussing early warning signs of Alzheimer’s disease – a pamphlet was distributed to HRC. 3. An upcoming community discussion forum on transportation issues impacting seniors scheduled for December 4, 2013, at Pathways Hospice. 4. Vice Chair Colleen Conway notified HRC that reportedly a lawyer from Loveland was planning a suit against the Fort Collins Police Department regarding Federal Civil Rights. No further information was known about this. 5. Staff Liaison Melissa Herzog presented an invitation to the Social Sustainability GAP Analysis event hosted by City that was sent to HRC members via email. RSVP needed November 15th. 6. Commissioner Faith Sternlieb announced that in early 2014 she will be accepting a prestigious post-doctoral research assignment to teach at a university abroad. Motion to Adjourn A motion to adjourn meeting was made by Commissioner Mary Lyons and seconded by Commissioner James Owiny. was approved 6:0. The meeting adjourned promptly at 7:30 pm The next HRC regular meeting is scheduled for Thursday, December 12th at 5:30 p.m. in the CIC room.