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HomeMy WebLinkAboutMemo - Mail Packet - 4/2/2024 - Letter From Carrie Daggett To Stand With Us: Roz Rothstein, Carly F. Gammill, And Yael Lerman Re: March 14, 2024, Letter To City Of Fort Collins Human Relations Commission (Hrc) City Attorney’s Office 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6520 970.221.6327 fcgov.com March 28, 2024 Stand With Us Roz Rothstein Carly F. Gammill Yael Lerman RE: March 14, 2024, Letter to City of Fort Collins Human Relations Commission Dear Roz Rothstein, Carly Gammill and Yael Lerman, This is in response to a letter dated March 14, 2024, from you addressed to City of Fort Collins Human Relations Commission (“HRC”) members (the “Letter”) and is provided on behalf of the HRC. We will address factual background, address legal aspects of the allegations the Letter and respond to your requests for immediate action. The Letter was sent to a general mailbox that is not directly available to HRC members and it was not forwarded to HRC chair and co-chair until Karen Schwartz’s email on March 19 alerted staff to it. I. Factual Background A. There was no City Council meeting on January 11, 2024. B. The City of Fort Collins City Council (“City Council”) holds regular meetings with advance notice of the meeting made available to the public in compliance with state law and Fort Collins Municipal Code (the “Code”). All meetings of the City Council are open to the public except as otherwise described in the Code. See attached relevant Code provisions. The City Council’s Rules of Procedure allow speakers to speak about any topic or item or community event. Here is a link to the Rules of Procedure: https://www.fcgov.com/cityclerk/files/council-meetings-rules-of- procedure.pdf?1665437325. It has been the Fort Collins City Council’s practice for many years to allow public comment on any topic. C. The City does not require those who plan to speak during public comment to notify others that they plan to speak. The only exception to this is that members of the public are asked to sign up to speak prior to the beginning of the Council meeting at 6:00 p.m. D. On January 11, 2024, the HRC conducted its regular meeting in accordance with applicable law. During public comment, two speakers spoke in support of a potential ceasefire resolution. No invitation was extended to the two speakers to attend the HRC meeting. The speakers did not present any documents to the HRC either before or during the meeting. E. During the February 6, 2024, City Council meeting, individual Councilmembers expressed interest in obtaining a recommendation from the HRC about whether to consider a ceasefire resolution. F. In response to this interest, on February 8, 2024, pursuant to her authority under City Code Section 2-77, the City Manager emailed a request that the HRC consider the ceasefire resolution issue and potentially make a recommendation to Council. G. In follow up to this request, at its regular meeting on February 8, 2024, the HRC allowed public comment as do all City of Fort Collins boards and commissions. H. Minutes of the February 8, 2024, HRC meeting accurately reflect statements made and action taken during the meeting. This is the purpose and intent of meeting minutes. I. The HRC allowed any and all members of the public access to its February 8, 2024, meeting. No one was excluded. J. City staff members did not initiate contact with or invite any member of the public to attend or participate in public comment at the HRC February 8, 2024, meeting. A member of the public sought information from a City staff member about the meeting and was provided with publicly available information. HRC members did not initiate contact with or invite any member of the public to attend their February meeting or to request their input about whether to recommend a ceasefire resolution through any other means. K. During its February 8 meeting, the HRC did not pass a resolution. Instead, the HRC approved a motion (by a vote of 5 to 0, with one member abstaining) to recommend to City Council that they consider a ceasefire resolution with specific language consistent with their recommendation. L. The March 5, 2024, Council meeting did not proceed. The City had no involvement in any comments made or actions taken by members of the public and made no related requests or arrangements. II. Legal Considerations The First Amendment to the U.S. Constitution grants Americans the right to free speech. The First Amendment right to freedom of speech allows individuals to express their opinions and beliefs, even if they are offensive to others. City-sponsored public meetings are designated public forums, or in some instances are limited public forums intended for speech regarding specific matters. Regulations affecting speech in a designated public forum should be content-neutral time, place and manner restrictions. Regulations affecting speech in a limited public forum may also restrict the topic of speech to the topic for which the forum is intended. The First Amendment right to free speech does not allow a local government to restrict a speaker’s viewpoint. The City Council- adopted Rules of Procedure comply with the First Amendment. City Council and HRC meetings referenced in your letter allowed any interested member of the public to speak on any topic, as is their First Amendment right. The City does not and will not act in violation of the First Amendment and will conduct its meetings in accordance with the First Amendment, its adopted ordinances, and Rules of Procedure. The Equal Protection Clause of the Fourth Amendment of the United States Constitution mandates that local governments treat all similarly situated persons alike. Factual allegations made in the Letter do not support an Equal Protection claim that government action was intentionally taken to benefit or burden an identifiable group or individual. While we understand that you do not agree with some of the statements made by HRC members, there is no evidence to support an allegation that the statements were made with the intent to benefit or burden an identifiable group or individual or that such action was taken with an intentionally discriminatory purpose. In compliance with Title VI of the Civil Rights Act of 1964, Israeli and pro-Israel Jewish speakers were allowed to participate in the referenced Council meetings and HRC meeting. They were not denied access to a City program, service or activity. Israeli and pro-Israel Jewish speakers were not denied the benefits of any City program, service, or activity, nor any opportunity to express their views. and the Letter does not include factual allegations to support a legal position to the contrary. III. Requested Follow-up Actions The purpose of meeting minutes is to accurately reflect statements made and action taken during a meeting. Meeting minutes should not be amended to reflect statements or actions not actually taken during the meeting. No further action by the Human Relations Commission is anticipated. The City Council and the Human Relations Commission will continue to conduct their business in accordance with applicable federal and state law, their Rules of Procedure, as amended, and ordinances, as amended. Sincerely, Carrie M. Daggett City Attorney Cc: Fort Collins City Council Kelly DiMartino, City Manager Claudia Menendez, Equity Officer Members of the Human Relations Commission