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HomeMy WebLinkAboutMinutes Human Relations Commission - 02/10/2011 Corpus Christi Human RelationsCommissi . ` - ECEJVED Summary of Minutes for February 10, 2011 MAR 1 8 2011 1. CALL TO ORDER Chairperson Ramiro Gamboa called the meeting to order at 5:00 p.m. CITY SECRETARY'S OFFICE A. ROLL CALL Present Commissioners: Ramiro Gamboa Robert Garza Abel Alonzo Robert Adler Edna Arredondo Kathleen Cooper Toni Davis Pastor Derrick Reaves Lucy Reta Elias Valverde Denise Villagran Jacob Sendejar Zachary Zepeda Janet Zuniga Present Staff: Leon Bazar(Human Relations) Patsy Garcia (Human Relations) Brian Narvaez(Legal) Absent Commissioners: Robert Franklin (Excused) Margie Myers (Excused) B. REQUESTS FOR EXCUSED ABSENCES MOTION Motion to excuse Robert Franklin and Margie Myers for the February 10, 2011 meeting made by Robert Adler and seconded by Lucy Reta. Motion passed. MOTION Motion to excuse Robert Garza for the January 6, 2011 meeting made by Robert Adler and seconded by Kathleen Cooper. Motion passed. [Mr. Bazar introduced the department's new employee Walter Bryant. Mr. Bryant is the Fair Housing Outreach Coordinator and will be visiting Senior Centers and other community organizations to give presentations regarding Fair Housing.] 2. APPROVAL OF REGULAR MEETING MINUTES OF 01/06/11 MOTION Motion to approve the January 6, 2011 meeting minutes as written made by Robert Garza and seconded by Denise Villagran. Motion passed. 3. PUBLIC COMMENTS (LIMITED TO 3 MINUTES) None 4. PRESENTATIONS - NONE 5. CHAIRPERSON'S REPORT A. LULAC Council No..1 Leadership Banquet— February 17, 2011 Mr. Gamboa stated the Outstanding Community Leaders Banquet will be held on February 17, 2011 at the Corpus Christi Omni Bayfront Hotel. The following people will be honored at this year's banquet: Sheriff Jim Kaelin, Dr. Mark R. Bielefeld, District Judge Jose Longoria, Mr. Mike Scott- H&S Contractors, Mrs. Elva Estrada-Del Mar Board of Regents, Mr. Steve Arnold- Corpus Christi Caller Times, Dr. Dolores Guerrero-Texas A&M University-Kingsville SCANNL) Page of 6. SUBCOMMITTEE REPORTS A. Housing Subcommittee—April Fair Housing Month Event Leon Bazar reported the April Fair Housing Event will be held on Saturday, April 16, 2011 at Del Mar College. More details to come. B. Committee for Persons With Disabilities — Meeting of 02102111 Abel Alonzo reported the following: • Approval and Motion to Recommend Re-Appointments of: Darren Bates, Dr. Candelario Huerta, Harvey Salinas, Daniel Vargas and Alana Manrow. • Presentation: Parks and Recreation Master Plan. C. Education Subcommittee— Project Report Kathleen Cooper reported she and Lucy Reta have been working the Youth Commissioners reviewing the presentation that was utilized a few years ago. The Youth Commissioners were scheduled to go a Student Council Convention; however, the convention was canceled due to the weather. Ms. Cooper stated as soon as she has a new date, she will notify the Youth Commissioners. Ms. Cooper also reported Texas A&M University will be sponsoring Island Day on February 26th. Ms. Cooper is waiting for verification on being included on the agenda so the Youth Commissioners can present the PowerPoint presentation to incoming university students. D. Disparity Subcommittee— No Report E. Health Disparity Subcommittee— No Report 7. HUMAN RELATIONS ADMINISTRATOR'S REPORT A. Department Monthly Performance Report Review Leon Bazar provided the Commissioners with copies of the January 2011 Monthly Performance Report. Highlights were shared with the Commissioners. HUMAN RELATIONS Month: Jan.2011 MISSION AND SERVICE STRATEGI(4 - I With foal ofTosteriugDiverse and Equitable Environments With Respect and Pmfessionaliam",the Human Relations Department will conduct and enforce a positive program of nondiscrimination in Employment,Fair Housing,Public Accommodation,and Compliance with the Americans with Dlsobilhies Act(ADA)within the qty ofCotpus Christi.We will also make reports and recommendations to the City Council and others,toward the betterment of group and rater-group relationships within the cotnoumity. MAJOR PROGRAMS AND SERVICES: . A.Non-Diseriminatinn Program 1.Intake,Investigative,and Mediation/Resolution Services _ 2.Community Outreach,Education,and Awareness 3.Technical and Adminisnative Services IL ADA Compliance 1.Address and monitor ADA compliance,and related issues,through accommodation requests and citizen co laiuls; Community Education and Awareness;and Technical/Administrative.Assistance. 2.Coordination of implementation,monitoring,and update of the Citywide ADA Transition Plan PERFORMANCE MEASURE OBJECTIVES 1yI Actual Adopted I Dee Jan YTD 1 2009-2010 2010.2011 Prior Montt- Current Month 2010.201/ A.SRRVTCRT.EVEL OBJECTIVE: 1 Provide Investigative Service to include intake,iavaligatioa,mediation,conciliation,monitoring,and charge resolution in Employment(including ADA),Pau Housing,and Public Accommodatiod. Meumrer:Output .3/,ely/ /c//7y),:/T)3: »4T )3/) ,,a;t l s ./)S5zr..:F_0; SOU Contract Yr Closet.tival- Total and%of Goal-10/1 to 9/30 108(103%) 104 3 7 21(20.2%) dotal Intake tined(Kelemed in IM/R:) • - Tomland%of Goal-1011 to 9/30110(100%) 98 7 4 20(20.4%) )iUD Far Housing Complaint Resolution- ` Total-7;Vlo 6/30 45 42 3 2 24(53.3%) Mncen,ar:Effecllveaesta .k ,O...,,C 5d d eta,. f f'E.,.,,s.A+.-?i4` V,(zr.,, t r,tit Gm:.4 blOC Charge Write-Ups(Perfected Charges)completed en sent to S.4FO in S days or less(as%op 90% 90% 4,7(56.1%) 4/4/(130'%) 13/30(65%) HhUC C3ages Uoscd within 180 days as%ol total closures YlD-10/1In 9/30 55% 75% 2/3(66.6%) 4/3(57.1%) 9/14(64.3%) ZiUU ban Housing Uomplamts closed within 100 days as%of total 70% 1/3(33.3%) 212(100%) 1624(66.6%) B.SERVICE LEVEL OBJECTIVE: Provide•Community Outreach,Education,and Awareaosss" Measures:Output JAI z.,,1Ya It P ", :,:S<. ) 3 v$s x,�;v(B:H: c tl ,; Nunmof naming sessions,community meetings,eel " )`::+? ifNumb. informational events-8/1/to 7/31 r 48 40 5 3 26 C.SERVICE LEVEL OBJECTIVE: Provide ADA Accessibility,Accommodations,and Taluticd Aatutaoce RerEest resolutior Measurer:Umlaut544... .3da 4tt4Y,.(t/.1;,'. kp/2,s 3 ll',%9t'...4>,:,E£'fin. ...:>...gt,?'> ADA Citizens'Complaints(Accessibility) 115 100 2 5 27 Public Accommodation Requests r 75 ` 55 0 3 10 ADA Trash Service Assistance 0 201 9 23 ADA Technical Assistance 48 40 ID 16 62 Plan Reviews/Site Visits 4 5 9 Key Highlights: •Significantincrmse in ADA Trash Service-19 enrollment forces out for mat month •Closed two(2)oldest EEOC Charges-ease age average al 18135 days •Relieved lwu(2)Lamhleeyssues and supported sepamtiol from program!forbott duo tophysiwl actions mar other obldreo Page 2 of 5 aM dismptive had unconholshle hehavior l B. Request and Approval for Three Subpoena's for Six Fair Housing Complaint Investigations Human Relations Compliance Officer June Martinez requested the following Subpoena Requests to the Commission: SUBPOENA REQUESTS SUMMARY INFORMATION FEBRUARY 3, 2011 2 SUBPOENAS: 1) Respondent A; AND 2) Respondent B 3 CASES: HUD # 06-11-0215-8/FHAP#: 10-11-111010-1 (Complainant A) HUD # 06-11-0234-8/FHAP#: 10-11-111010-2 (Complainant B) HUD # 06-11-0221-8/FHAP#: 10-11-111010-3 (Complainant C) Basis: Sex(Female); Retaliation; Association; and to amend Complaints to include Disability Issues: Terms &Conditions; Sexual Harassment; Intimidation; Eviction Complaints Received: 11/10/10 We have made written contact attempts; telephone contact attempts; and in-person contact attempts. They are being worked together as companion cases. It was very clear that even with further requests the Respondents were not going to cooperate. Items Received: • Complainant's Allegations and some supporting Physical Evidence - Pending Amendment to include Disability Basis • Ownership Information from Nueces County Appraisal District • Public Utilities Service Information We are seeking Respondent's cooperation through: • Position Statement Responses (need for all 3 cases) • Data Request Responses (need for all 3 cases): for items such- o Jurisdictional Standing - Ownership and number of properties/units owned - (06/01/2010 - Present) o Rental History and Payment Records - (06/01/2010 -Present) o Rent Rolls / Tenant Population Breakdown by Sex and Disability - (06/01/2010 - Present) o Access to and/or copies of Tenant Files - (06/01/2010 - Present) o Comparables Information(Move-Out/Eviction) - (06/01/2010 -Present) o Respondent's Utilities Service Information- (06/01/2010 - Present) o Lease Information- (06/01/2010 -Present) o Respondent interviews. • We have to confirm identity of individual who: o owns the physical property and/or rented trailers - (06/01/2010 -present) o received the rent monies - (06/01/2010 - present) • We need to confirm identity of person who allegedly sexually harassed Complainants B & C, due to allegation that Respondent A was in Jail at time of complaint. * NOTE: There is a question or possibility of a person presenting himself as Respondent A, but who is not actually Respondent A. Page 3 of 5 * NOTE: Date Time Line for requested Records is tentative and may be modified dependent upon need. Now requesting authorization for Subpoena. MOTION Motion to request the subpoena above made by Robert Adler and seconded by Jacob Sendejar. Motion passed. 1 SUBPOENA: Respondent A and Respondent B 3 CASES: HUD # 06-10-0487-8/FHAP#: 09-10-021210-1 (Complainant A) HUD # 06-11-0025-8/FHAP#: 10-11-100610-1 (Complainant B) HUD # 06-11-0055-8/FHAP#: 10-11-101210-1 (Complainant C) Basis: Disability; Retaliation;National Origin; and Familial Status Issues: Terms & Conditions; Harassment; Intimidation; Eviction * A Complainant (C) held off finalizing intake until he moved from property allegedly because of fear of retaliation. Complaints Received: 02/16/2010 (Complainant A); 10/07/2010 (Complainant B); and 10/14/2010 (Complainant C) 100-Day Letter outlines reason for delay in closure of case and what is still needed for each investigation. The individually related 100-Day Letters were sent to Complainants and Respondents. We have made written contact attempts; telephone contact attempts; fax contact attempts; and in- person contact attempts. There are 3 cases with some over-lapping issues. There are some other individual issues per case. They are being worked together as companion cases. It was very clear that even with further requests the Respondents were not going to cooperate. Items Received: • Complainants Allegations and their individual supporting Physical Evidence (all 3 cases) • Ownership Information from Nueces County Appraisal District • Partial Public Utilities Service Information - Complaints A, B, and C. May seek further information, if needed. • Position Statement and Partial Data Response for Complaint A - Needs clarification and explanation. • Position Statement and Partial Data Response for Complaint B - Needs clarification and explanation. • Position Statement for Complaint C. No Data Request Response. • On-Site Visits for Complaint A and C, Investigator's personal observations/notes, pictures and physical evidence obtained. • Confidential Witness Statement for Complaint A. • 3`d Party Physical Evidence - Failed Inspection Reports from 3 City Departments for Complaint A. • 3`d Party Physical Evidence - Nueces County Court Order for Maintenance Repairs - Health and Safety Issues for Complaint A. • Copy of Tape Recording of alleged Retaliation Encounter - Confrontation between Complainant and Respondent in Complainant's Apartment for Complaint A. Page 4 of 5 • Draft Conciliation Proposal from Complaint C that has been revised - pending response from Respondent. • Proof of jurisdictional standing and/or disability status from Complainants and/or other aggrieved parties (all 3 cases). • Proof of requests for maintenance repairs from Complainants and/or other aggrieved parties (all 3 cases). We are seeking Respondent's cooperation through: • Position Statement response (with details -presently just states "deny the allegations") • Data Request Response (completion of each for the 3 cases) for items such as: o Jurisdictional Standing - Ownership and number of properties owned - (06/01/2009 - Present). o Remodeling/Renovation Information and Records - (06/01/2009 -Present). o Rental Advertisement(s), Signage, Promotions/Incentives, etc. - (06/01/2009 - Present). o Rental History and Payment Records - (06/01/2009 - Present). o Transfer History/Available and Vacant Units - (06/01/2009 - Present). o Rent Rolls / Tenant Population Breakdown by Disability, Race/National Origin, and Familial Status - (06/01/2009 -Present). o Access to and/or copies of Tenant Files - (06/01/2009 -Present). o Property Composition -Unit Type and Size - (06/01/2009 - Present). o Utilities Service Information- (06/01/2009 -Present). o Comparable Information (Lease Information; Maintenance Records) - (06/01/2009 - Present). o Move-Out History- (06/01/2009 - Present). o Eviction History and reason for eviction- (06/01/2009 - Present). o Manager and Respondent Interviews • Letter of Representation for Respondent's new Legal Representative, as of 11/02/2010 In- Person Meeting. • Response to pending draft Conciliation Proposal for Complaint C. We have over-lapping issues for Complainants A, B, and C, and them some individual allegations that need to be investigated. * NOTE: Date Time Line for requested Records is tentative and may be modified dependent upon need. Now requesting authorization for Subpoena. MOTION Motion to request the subpoena above made by Denise Villagran and seconded by Robert Garza. Motion passed. 8. IDENTIFY ITEMS TO BE PLACED ON NEXT AGENDA • The Dream Act • Education Subcommittee Presentation 9. ADJOURNMENT MOTION Motion to adjourn the meeting made by Pastor Derrick Reaves and seconded by Lucy Reta. Motion passed. The meeting adjourned at 5:42 p.m. Page 5 of 5