HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/03/2017 - RESOLUTION 2017-091 ON A COMMUNITY TRUST INITIATIVAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY October 3, 2017
City Council
STAFF
Janet Freeman, Equity and Inclusion Coordinator
Jackie Kozak-Thiel, Chief Sustainability Officer
Teresa Roche, Chief Human Resources Officer
Greg Yeager, Police Deputy Chief
Chris Van Hall, Legal
SUBJECT
Resolution 2017-091 On a Community Trust Initiative Rescinding Resolution 2006-085 and Directing the City
Manager to Create a Task Force Regarding Immigrant Communities.
EXECUTIVE SUMMARY
This item is a proposed resolution demonstrating the City’s commitment to supporting immigrant communities
by providing clarity on organizational policies and rescinding Resolution 2006-085, as well as creating a task
force to research issues relating to immigrant community members’ needs.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Upon request by local community members, City Council directed the City Manager to convene an internal
workgroup this past spring to analyze a proposed Community Trust Ordinance
(<http://www.fcgov.com/sustainability/pdf/FINALCommunityTrustOrdinanceAnalysisReport_08.04.2017.pdf>).
Subsequent to the analysis, City Council requested that staff explore proposing a resolution that would:
Demonstrate support for our immigrant community;
Change appropriate administrative policies;
Detail an education and outreach plan with our immigrant community;
Repeal Resolution 2006-085.
Resolution 2006-085
Colorado Revised Statutes Section 29-29-103 required Colorado municipalities to report arrestees to
Immigration and Customs Enforcement (ICE) when probable cause maintains an arrestee is not legally present
in the United States. The City passed Resolution 2006-085 to comply with Section 29-29-103. Section 29-29-
103 was repealed by the Colorado General Assembly in 2013.
Rescinding Resolution 2006-085 would eliminate ambiguity regarding the related City policies and help foster
trust between our immigrant community and City staff, especially with regards to Police Services. As reported
in the Community Trust Ordinance analysis, undocumented community members have expressed a reluctance
to interface with police when witnessing crimes or as the victims of crime for fear of deportation.
This item has been amended to add a copy of Resolution
2006-085, which is proposed to be rescinded.
Agenda Item 8
Item # 8 Page 2
Education and Outreach Plans
In addition, providing targeted outreach to educate undocumented/immigrant community members would
further strengthen trust and relations by providing clarity on the City’s role in immigration matters and
information on personal rights held by and resources available to immigrants. Staff has drafted the following
policies and engagement plans:
Current Communication and Action around Policies and Resources
1. Language shift to replace term “citizen” with “resident” or “community member” for more inclusive and
accessible language.
a. This shift is already prevalent in many day-to-day communications and the most notable is the
name change of our statistically valid survey from “Citizen Survey” to “Community Survey” for
the upcoming 2017 iteration.
2. Internal review of policies and other documents to be provided in additional languages. The current
priority is to provide these documents in Spanish but this could expand to other languages as needed.
a. Priority departments include Neighborhood Services, Police Services, and Communications
and Public Involvement to translate documents such as the Landlord Tenant Manual which
provides information on local ordinances that apply to landlord and tenant relationships and
rights.
b. FCPD Policies that will be translated to Spanish and made publicly available are:
i. #338 Bias-Motivated Crimes
ii. #340 Expectations of Conduct
iii. #352 Mutual Aid and Outside Agency Assistance
iv. #368 Limited English Proficiency Services
v. #402 Racial or Bias-Based Profiling
vi. #422 Diplomatic and Consular Contacts
vii. #428 Immigration Violations
viii. #440 Detentions, Contacts, and Photographing Detainees
ix. #600 Investigation and Prosecution
x. #1020 Administrative Investigations
3. Aligned and maintained translation and interpretation resources
a. List of local and certified translators and interpreters (Spanish and Arabic) accessible by all
City employees
b. Interpretation System available and accessible to all staff and some City sponsored events
c. Certification process for employees with language abilities
d. 24/7 access to interpretation in over 200 languages through the City’s language services
provider
e. Title VI Training
4. It’s Your| My| Our Spanish resource page - <http://www.fcgov.com/myfoco/spanish>
a. Engagement and resource page specifically for Spanish speakers
b. Leads them directly to language assistance resources such as the Utilities Customer
Assistance line; information request form; a general City contact form; and information about
how to request translated materials or an interpreter
c. Includes poll on what programs people would most like to have provided in Spanish, if and
how they want to participate in City events, and what barriers they experience that currently
prevent participation
5. Share memo from Poudre Fire Authority Fire Chief confirming and sharing with staff that they do not
record personal information from callers
6. One pager/community statement letter
a. Summary of City policies and public resources related to immigration topics to help
immigrants, refugees and other communities gain access to accurate information.
7. Full assessment of discussion from first group meeting to determine next steps and specific action
items of potential Task Force
Agenda Item 8
Item # 8 Page 3
8. Inclusivity and Diversity Appreciation Banners
a. Banners will be hung throughout the community indefinitely to demonstrate the City’s
commitment to making visitors and residents feel valued and included
9. ClimateWise Social Badge for Inclusive Business Practices
a. A two-tiered program offering for businesses interested in demonstrating a commitment to
making Fort Collins a welcoming community for all.
b. Tier One would involve a business signing on as an entity that supports equity and
inclusion. In return, they would receive a decal to display in their window that messages to
patrons all are welcome.
c. Tier Two would involve everything mentioned above plus an actual equity training for staff or
managers that would earn that business a social badge plaque to be displayed in addition to
the decal.
Personnel Policy and Procedures Changes
The City Manager has changed personnel policies 8.1 and 8.2 to include citizenship status as a protected
class and provide clarity on staff responsibilities in the following key areas:
8.1 B.4: Existing anti-harassment policy now includes citizenship status to the list of characteristics or
protected classes.
8.1 B.5: Added new subsection to existing anti-discrimination policy clarifying that it is permissible for
employees to inquire and make decisions about a person's citizenship status where state and federal
law require it.
8.2 A.2: Added "citizenship status" to list of characteristics or protected classes protected in prohibition
of workplace harassment.
Policy Violations
Consequences for policy violations are as follows, with overview provided in an Introduction from the City
Manager:
“. . . As a municipality, we provide a wide range of services to the public through various departments
throughout the organization. Although we may work in different departments, we are all City
employees, and we share a common mission of providing exceptional service for an exceptional
community.
We are constantly guided by our vision to provide world class municipal services through operational
excellence and a culture of innovation. These Personnel Policies and Procedures provide several
types of information that new and established employees need to know as they bring structure to our
organization and assist all of us in the day-to-day decision-making processes.
Our policies and procedures need to be consistently applied across the organization as they are
intended to ensure everyone is treated fairly and equitably.”
Policy References
1.1.1 Purpose of the City of Fort Collins Personnel Policies and Procedures
The purpose of these City of Fort Collins Personnel Policies and Procedures is to give all employees a
general understanding of the employment policies and procedures of the City of Fort Collins (“City”).
. . . All employees are expected to comply with the City of Fort Collins Personnel Policies and
Procedures and its updates as changed from time to time by the City.
Agenda Item 8
Item # 8 Page 4
9.1 Discipline and Corrective Action Procedures
All employees are expected to meet the reasonable expectations of their supervisors and perform
satisfactorily at all times. There may be occasions, however, when employees perform unsatisfactorily,
violate a policy, or act inappropriately in the supervisor’s judgment.
10.1.2 Involuntary Termination of Employment
A. Unclassified and Contractual Positions and Classified Positions during the Introductory Period: The
employment of employees in unclassified and contract positions can be terminated by the City at will
with or without cause or notice at any time. Similarly, the employment of new hires into classified
positions that have not completed their period of introductory status can be terminated by the City at
will with or without cause or notice at any time.
B. Classified Positions (after Introductory Period): The employment of employees in classified
positions who have completed their introductory periods may be terminated only for “cause.” The term
“cause” means a reason for the termination. “Cause” may relate to the individual employee’s conduct
or to the City’s operational needs. Examples of what the City considers cause for termination include,
but are not limited to, any violation of the City Charter, City Code or other law, unsatisfactory job
performance, not following the City’s employment policies or practices, including policies in these City
of Fort Collins Personnel Policies and Procedures, not appearing for work when expected, or engaging
in any type of misconduct or action inconsistent with the public trust (see Personnel Policy 8.1,
Conduct and Performance). In addition, cause for termination may also exist for reasons not related to
job performance, such as operational need, reorganization, elimination of positions, or staff reduction.
CITY FINANCIAL IMPACTS
Financial impacts will be limited to the engagement efforts and include translation costs, material creation and
printing, childcare at meetings if needed, and task force facilitation.
BOARD / COMMISSION RECOMMENDATION
The Human Relations Commission sent a letter to Council supporting a Community Trust Ordinance on August
30, 2017. (Attachment 1)
PUBLIC OUTREACH
On September 13, staff conducted a stakeholder input meeting to hear community members’ thoughts on the
proposed resolution. Stakeholders represented included Fuerza Latina, Poudre School District, community
members, the Human Relations Commission, members of the Community Equity Consortium, Holy Family
church, the Islamic Center of Fort Collins, and La Familia.
Members of the group expressed a desire for substantially revising the draft resolution City Policies Regarding
Immigrant Communities Reporting Crime and Rescinding Resolution 2006-085, as they didn’t want to remove
protections that had been drafted for City staff engagement with undocumented community members.
The group further stated that there remains persistent fear within the immigrant community, especially given
the changes and uncertainty at a federal level. Specifically, people expressed fear of opening the door to
police, reporting crimes, and that a routine traffic stop would result in detainment and/or deportation.
Owing to a multitude of pressing issues, the group recommended City staff draft a resolution rescinding
Resolution 2006-085, deleting all recitals about police policies, and insert a new one for the express formation
of a regional task force that would work within an established timeline to move forward a number of actionable
items, listed below.
Agenda Item 8
Item # 8 Page 5
Task Force Overview:
Members: Appointed by City Manager with representatives from stakeholder groups involved in
Community Trust Initiatives process, including impacted members of the community
Timeline: Task Force will deliver a report to the City Manager May 31, 2018, after appointment with
support from an external facilitator and staff liaisons
Objectives: Task Force will provide recommendations on how the City can better engage with immigrant
communities to foster trust and mutual understanding, specifically:
o Educational resources
o Outreach strategies (Citywide and Police-specific)
o Partnerships with other community groups and institutions
ATTACHMENTS
1. HRC Support Letter (PDF)
2. HRC Work Session Minutes, August 25, 2017 (PDF)
3. Stakeholder Meeting Notes, September 13, 2017 (PDF)
4. Powerpoint presentation (PDF)
5. Resolution 2006-085 to be rescinded (PDF)
DATE: August 30, 2017
TO: Mayor and City Council Members
Darin A. Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Beth Sowder, Social Sustainability Director
FROM: Vic Smith, Chair, Fort Collins Human Relations Commission
RE: Response to Hate Flyer
This memo is in response to the Neo-Nazi flyers distributed at bus stops in Fort Collins in late July.
The flyers advertised a website that promoted a white nationalist rally that took place on Saturday,
August 12, 2017, in Charlottesville, VA. The rally was a horrific reminder that hate and racism still
linger in our country.
Demonstrations of hate and racism are in contrast to the values the City of Fort Collins holds and
promotes, and such propaganda leaves members in our community feeling unsafe. It is under these
kinds of circumstances that City leadership is in the position to advocate for and promote unity,
safety, and equity.
Members of the Human Relations Commission urge Council Members to speak out against hate by
sending a message that our goal is to be a welcoming and accepting community that supports,
celebrates, encourages, and benefits from its diversity.
The HRC recommends Council take the following actions:
Continue to study the proposed Community Trust Ordinance and pass an ordinance that
defines the goals of Fort Collins to be a welcoming and accepting community.
Support our City’s growing need for resources and actions to achieve equity, diversity,
inclusion, and social justice by increasing the Equity and Inclusion Coordinator position
from half time to full time.
Members of HRC have reached out to community leaders, such as Reverend Gretchen Haley of the
Foothills Unitarian Church and Senator John Kafalas, for collaboration. We applaud the direction
taken by the Department of Social Sustainability and Director Beth Sowder to support our
community through this difficult time.
We encourage you to consider and act on the HRC’s recommendations and thereby send a strong
message that reflects the values of our City to maintain a zero tolerance approach for hate.
ATTACHMENT 1
Fort Collins Human Relations Commission
ATTACHMENT 2
1
Stakeholder Engagement Meeting
9 /13/17
Northside Aztlán Center
7 – 9 pm
Meeting Purpose:
Share update of personnel policies (from HR)
Gather input on draft resolution
Share outreach plans and gather input
The following are notes captured at the meeting.
Feedback on City Personnel Policies and Practices
Is hot line accessible in other languages? (yes, in telelanguage)
What is the communications plan for the hotline? Is it available in Spanish? (if requested, we
provide in any language and EEOC manager will communicate to people)
If someone violates policy, it’s already too late – for example, in Police, an officer might violate
but person is already detained and on way to being deported, so too late to be of real meaning
Police – detailed policy manual
1st violation could have most severe consequence, depending on severity of violation…no
progressive discipline policy
Will depend on investigation – case by case
Concerned with vague terminology in Police Manual (bias-motived crime especially)
No clear consequences for policy violation
Need formal equity and inclusion policy at senior level – City management
Resolution Feedback
What happened to the proposed Community Trust Ordinance?
o City Manager’s Office and City Attorney’s Office recommended a resolution because
of the uncertainty at the federal level and risk to funding
o Council did not direct staff to bring forward an ordinance
Did get direction to include statement of support in resolution, as well as other avenues
(policy changes, outreach, etc).
Concerns about nice language that does nothing
Can include more to make a difference
Commitment to include all feedback in council materials – both what is included and what is
not
Can the 2006 resolution be repealed on consent?
2004 reso put in place a task force –could we add this to a resolution as an action item?
Confusing language with page 2, sec 3 – supporting Police policy 428.3.1 – “alien,”
“generally,” 428.4
Language does not specify – “generally”
Law enforcement – concern with general language – reso doesn’t fix that
PSD concern with dual role of School Resource Officer in their schools (even though they
love their SROs), how it pertains to engagement. Need clear language/accountability for
parameters of duties as relate to immigrant youth
Continue ongoing dialogue – respond to fears, create task force
ATTACHMENT 3
2
o “People are afraid.”
o “I need to know the law”
o “I need to know what to do.”
o “I need to communicate to the people around me.”
Action step in reso – task force – include timelines for action, who should be included, what
they need to accomplish, by when
Interested in creating task force and having one action item be to analyze police policies
Recommendations, next steps
o 1) look at current draft reso – make changes, specific to part supporting police policy
o 2) include task force
Would like to see strong statement of support, meaningful with accountability, sustainable
(won’t go away)
Okay with statement of support – 1st page language
Suggest De-couple repeal of 2006 ordinance and come back later with other changes, more
specific language and details of specific outreach
Will send input regarding which Police policies to change
Strike 2, 3
Leave 4 – needs to be clear
Happy we’re listening – have a lot of fear
What can they expect?
Afraid to open door to police
Voice of many immigrants
DACA thrown out
Feel very vulnerable at this time
Appreciate this – needs to know so she can share with others how to prepare, know their
rights
Ideas for Outreach and Building Trusting Relationships
How can we connect community members and Police to understand what they should/can do to
build trust?
Will take more than a conversation to build trust and mutual understanding
Need trusted communicators/ambassadors/messengers
PFA does not keep info about status or documentation – just there to serve, but is not a written
policy, more a statement from the chief that came out about a month ago, shared publicly via
board meeting
Annie encouraged group to continue to share concerns, help identify safe places to meet and
preferred information channels
Need many ways of outreach – not just one thing – needs to be a safe space and we as a City
need to go into the community and meet them where they are
Interested in a longer conversation about ideas for outreach (could happen with task force)
Continued Concerns
People are being detained and deported because of traffic stops
People aren’t reporting crimes
FCPS need to be prohibited from acting as ICE agents
Keep ICE out of courthouse
3
Huge issue for PSD – they are continually working on it and by law are there to serve everyone,
regardless of status.
School officials need clarity on where the line is in terms of offenses being committed on school
property – eg, marijuana possession. Can we keep it from turning into status reveal?
Need to include other stakeholders in ongoing conversations
New Police Chief could be very impactful – what opportunities do they have to ensure community
engagement?
Police needs to add or increase their involvement
Also, CityPlan update – commitment to prioritize equity and inclusion, including funding for efforts.
Need to develop relationships for the process
Document to share as ambassador
Felt safe before, but now scared – driver’s license is a great help if we can use that – how things
are implemented is what matters more than words
Jacqueline Kozak-Thiel, Teresa Roche, Greg Yeager 1
Community Trust Initiatives
Overview
2
Background
Analysis and Engagement
City Actions Taken
Draft Resolution and Stakeholder Input
Task Force
Next Steps
Background
3
CTO Proposed
by Community
in Spring 2017
Cross-
Functional
Efforts,
Engagement
& Report to
City Council:
July, 2017
City HR
Policies
Revised:
July, 2017
Follow-up
Stakeholder
Engagement:
9/13/17
Council
Consideration
of Proposed
Resolution:
10/3/17
Continued
Outreach
and
Education
Efforts:
Ongoing
Analysis: Content & Findings
4
Strategic and value alignment
Human Resources, procurement, and police policies
Which City programs require knowledge of citizenship
status, per state and federal law
Policies and Processes for Employee and Police Policy
Violations
Other Colorado jurisdictions
Stakeholder feedback and input
Targeted Stakeholder Engagement
5
o CSU Diversity & Inclusion
Leadership
o CSU Dreamers Student
Organization
o Community Members
o Fuerza Latina
o Holy Family Church Leadership
o Human Relations Commission
o Islamic Center of Fort Collins
o PSD Equity Department
Key Takeaways:
Perceptions and Experiences
“People are afraid.”
~ Maria Fuerte,
Holy Family Church
6
Key Takeaways:
Policies and City Engagement
7
Clear language
on policies,
rights and
resources
Statement of
support
Accountability
for City
employees
regarding
immigration
status inquiries
Ongoing
outreach to
build trusting
relationships
Response to Council Direction
and Stakeholder Input
Personnel policy changes
Draft resolution
Draft outreach plan to build trust
8
Actions Taken:
City Personnel Policies
Accountability
• Policy communication and
acknowledgement
• Violation consequences
• Subject to disciplinary action up to
and including termination
Reporting
Alleged
Violations
• Chain of command
• Any manager in the City
•HR
• Ethics Hotline - 855-230-0330
9
• Inclusion of “immigration
status” to list of protected
classes
• Addition of “immigration
status” as prohibited
harassment
• Clarification of when
permissible to inquire about or
make decisions related to
immigration status
Current Outreach and Actions
• Language shift from “citizen” to “resident”
• Review of policies and documents to be
translated
• Landlord Tenant Manual
• Various FCPD Policies
• General Communications
• Summary of policies and resources
for service providers, immigrants,
refugees, and other communities
10
Current Outreach and Actions
• Culturally customized interactions between
residents & officers
• Cafecitos
• Introduction of new Chief of Police
• Spanish resource page on fcgov.com
• Inclusion and Diversity Appreciation
Banners
• ClimateWise Social Badge
• Poudre Fire Authority statement
11
Draft Resolution Feedback:
Recitals & Language
12
Prefer ordinance instead of resolution
Appreciate supportive recitals
Thankful City staff is listening
Desire for more accountability and sustainability
9/13/17 stakeholder
meeting:
• Fuerza Latina
• Poudre School District
• Human Relations
Commission
• Islamic Center of Fort
Collins
• Immigrant Families
• Community Members
• Community Equity
Consortium
New Resolution Inclusions
13
Rescinds Resolution
2006-085
Demonstrates support
for immigrant and
diverse communities
Encourages police
reporting and
accountability
Directs City Manager
to form task force
Task Force
14
Appointed by City Manager
Members will be reps from stakeholder and
impacted community members
Supported by facilitator and city staff
Provide recommendations
Report to City Manager and Council
More to Do: Next Steps
15
• Work closely with stakeholders
• Continue to meet and gather feedback
• Continue outreach, education and resource development
• Multilingual flyer that outlines policies, opportunities
and resources
• Join efforts with trusted community leaders to build
relationships & create authentic communication
• Follow-up memo
-1-
RESOLUTION 2017-091
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ON A COMMUNITY TRUST INITIATIVE RESCINDING
RESOLUTION 2006-085 AND DIRECTING THE CITY MANAGER TO
CREATE A TASK FORCE REGARDING IMMIGRANT COMMUNITIES
WHEREAS, the City of Fort Collins recognizes the numerous contributions immigrants
have made in making our community a vibrant, dynamic and innovative place for all; and
WHEREAS, fostering a safe environment where all immigrants are welcomed, accepted,
and fully integrated into the social, civic, and economic fabric of Fort Collins is a priority for our
City; and
WHEREAS, supporting our immigrant community aligns with the City’s strategic
objectives to promote a more inclusive and equitable community that embraces and celebrates
diversity and to also maintain a welcoming, inclusive community where people feel connected;
and
WHEREAS, the City Council wishes to foster communication with immigration
populations regarding their contributions and responsibilities and to also provide resources
within the community and the City organization; and
WHEREAS, the Council has become aware of reports of non-citizen residents of Fort
Collins being fearful to contact law enforcement to report crimes and are hesitating to come
forward as victims and witnesses of crimes; and
WHEREAS, it is in the public interest, and within the police power of the City of Fort
Collins to promote the general safety and welfare of the community, and to encourage all
residents to report crimes and come forward as victims and witnesses of crimes, regardless of
their race, ethnicity, national origin or immigration status; and
WHEREAS, Resolution 2006-085, which was adopted to comply with the since-repealed
Colorado Revised Statutes Section §29-29-103, required City police officers to report the
immigration status of certain arrestees to Immigration and Customs Enforcement; and
WHEREAS, in the interest of community trust, the City Council wishes to repeal
Resolution 2006-085 and allow Fort Collins Police Services to follow any internal policies, as
changed from time to time, regarding police officer interaction with immigrant communities; and
WHEREAS, the Council wishes to direct the City Manager to create a task force to
advise him regarding how the City can effectively explain and inform the public about its
policies and practices, and engage immigrant communities through education, outreach, services,
programs and partnerships; and
WHEREAS, nothing in this Resolution is intended to restrict City police officers from
communicating, or otherwise exchanging, legitimate law enforcement information, or otherwise
abrogate any duty to cooperate, with federal, state or local entities.
-2-
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. Resolution 2006-085 is hereby rescinded and repealed in its entirety.
Section 3. The City Manager is directed to establish a community task force that
includes community stakeholders to recommend to the City Manager no later than May 31, 2018,
ways for the City to effectively explain and inform the public about its policies and practices,
and engage immigrant communities through education, outreach, services, programs and
partnerships.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of October, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk