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HomeMy WebLinkAboutMinutes Human Relations Commission - 09/06/2001 SUMMARY MINUTES—QUORUM MEETING HUMAN RELATIONS COMMISSION MEETING September 6,2001 Commissioners-Present Commissioners-Absent Chairperson: Mr. Oscar Hinojosa, Sr. Vacancy(Sandra Terrell-Davis) Vice Chair: Dr. Sylvester Peterson Dr. Stuart Elovitz Ms. Laura Aguifiaga Ms. Betty Black • Mr. Daniel Gonzales Mr. Richard"Dik" Johnson Ms. JoAnn Kernick Ms. Wendy Lai Ms. Crystal Lyons Mr. Joey Maldonado Ms. Amy Rhoads Ms. Stephanie Saenz Mr. Errol Summerlin Ms. Nancy Vera Staff—Present HRC Legal Advisor—Absent L. David Ramos Mr. Joseph Harney June Shultz The Human Relations Commission held its Regular Monthly Meeting on September 6, 2001 at 5:00 p.m., in City Hall, 1201 Leopard St., Council Chambers, Corpus Christi, Texas. This meeting was a quorum meeting. The following are summary minutes of the meeting. ATTENDANCE Roll Call—Absences: One absence (Dr. Elovitz) and one vacancy - a replacement for the position vacated with Sandra Terrell-Davis' resignation. The Council appointment is pending. Excused Absences: pending. APPROVAL OF THE MINUTES: The August 2, 2001 Minutes were reviewed for approval. A Motion was made by Commissioner Summerlin to accept the minutes as presented. Dr. Peterson seconded the Motion. There were no questions, a vote was taken and passed unanimously to accept the minutes as presented. CHAIRPERSON'S REPORT: There is still one vacancy on the Commission. They may possibly fill it next week. SCANNED COMMITTEE REPORT Housing Committee: No report-Joey Maldonado will be the Chair for the Sub-Committee. They will try to schedule a Meeting next week. Committee for Persons with Disabilities: Commissioner Crystal Lyons is the Chair. The Committee met yesterday, September 5t. There was discussion about the Transition Plan Project. A tentative calendar was provided that it would be implemented by 1/2002. There was discussion and information on the upcoming Building Code Ordinance revision — regarding accessibility issues. However, they learned that it is no longer the case—the Building Representative indicated in his report that the City doesn't have to inspect prior to issuance of permits because the State does it. So they are not going to enhance the enforcement. SB 484 applies to all commercial projects over$50,000, that they must send in plans for review before being issued a permit. Although language was added to SB 484, it will not go further. Discussion went back to the City's Transition Plan. ADA was implemented in 1990. Cities were given 2 years to come up with Transition Plans, designation of an ADA Coordinator, a Public Notice of Non-Discrimination, a Complaint Process and Policy, and each facility should have prepared a Self Evaluation regarding physical barriers or modification needs, looked at services and policies as well. The Transition Plan needs to be developed as soon as possible. The City has not had a Transition Plan. They must get it done right away. Policies must change immediately, structures must be reviewed too, but it can be reasonable. Mr. Ramos discussed the time line. He clarified that a Transition Plan was done, but no monies have been put aside to continue with the modifications. CDBG monies were initially used to help fund numerous ADA modification changes. However, now the City needs to go back and do a new revision and develop a new plan. The City has already taken the following steps: Designated the ADA Coordinator—Mr. Ramos; he will speak with each Department and they will prepare a new self evaluation form and review their policies and programs for ADA compliance. The response time has been pushed back to July 2002 (to allow for assistance to each Department for comprehensive information). Dr. Peterson asked if it would be helpful for the Human Relations Commission to provide a Letter of Support for the Transition Plan Project,to address these needs and move forward expeditiously on the Project. Mr. Ramos indicated that this might be a positive step, as in the past others in upper management and the community were not supportive. Commissioner Lyons indicated that she like would bring an over view of Title II&people 1st language. She indicated to the Chair, if it is acceptable,that she would like to distribute one handout each month? Chair Hinojosa approved her request. Crystal distributed a handout on statistics on Persons with Disabilities. Commissioner Summerlin discussed the Building Code Revision - in general, the City has never through it's Building Codes enforced ADA, not through the Building Codes or Permits. Recently they began to look at the Code regarding obtaining a Certificate of Occupancy. ADA federal law indicates that if State laws are substantially equivalent (or in our case has more strict standards) and specify their own compliance process, the City may not have to use their own Building Code to enforce accessibility, as was discussed two months ago. The City is now rethinking the issue—if they comply with SB 484, then presently all Commercial buildings that are $50,000.00 or over must go through TDLR. Chair Hinojosa asked if these applied only to renovations or new construction? Commissioner Lyons indicated both. Commissioner Summerlin asked about submission of plans. Commissioner Lyons indicated that they would go through the process. Commissioner Summerlin asked about permits issued without completion. Commissioner Lyons will check on it. Commissioner Johnson touched upon the Texas Department of Licensing and Regulation(TDLR) and the importance of attending their ADA Academy. Architects submit their plans to TDLR. They assign an inspector to review the plans, so if problems are found, the plans are sent back for revision, prior to allowing issuance of a building permit. Commissioner Black asked for examples of what would not be in compliance? Further general discussion touching upon the transition plan, curb cuts, policies, programs, new arena, airports, restrooms, concourse, ramps, counters, etc. Education Sub-Committee: Commissioner Laura Aguifiaga is the Chair. The committee met (Commissioners Aquinaga,Vera, Gonzales, Saenz and Lai). They discussed: the issue of scholarships and barriers; promoting better understanding in socio-economic status; awareness of needs; promotion of good will within the City; drinking and driving issues; discrimination - people from different areas — like colonias — different areas but acceptance; development of videos — or reenactments of examples through theatre arts group; follow-up surveys; questions and answer sessions; information to City Council; students to give back to schools and City; the role of better Human Relations; employment discrimination; lot of places are inaccessible; take any suggestions from the Commission and asked for prior information from past practices. Chair f inojosa asked that all other suggestions be e-mailed to Commissioner Aguinaga. Commissioner Summerlin asked when they plan to start the educational outreach program. Commissioner Aquifiaga indicated she wants to set up speakers by January 2002. The Commission will need to make arrangements with area schools. The assemblies are not held often. They meet 1 or 2 times a month, but it will be a very good opportunity. Commissioner Aquinaga indicated that they would focus on High Schools within CCISD. Commissioner Lyons questioned only CCISD? Commissioner Aquinaga indicated, that yes,initially only CCISD. They would schedule 10-15 minute windows, often held end of day, and concentrate on something to capture their attention. OLD BUSINESS: Commissioner's Training: City Staff met with the Commissioners on Saturday, August 25, 2001. The training was attended by new and some of the longer serving members. Everyone was provided a Commission notebook. We shared technical information and other Commissioners shared some information from their perspective and experience. We discussed Commission responsibilities, EEO laws, Fair Housing, Public Accommodation, and ADA information and definitions. Youth Commissioner Saenz asked for a"Table of Contents" for the Commission Notebook and tabs. Mr. Ramos indicated they would be provided. NEW BUSINESS: HUD Training — The City Staff will be going to Chicago, IL for mandatory HUD Training, September 25th - 28th, 2001. This is required training for Capacity Building, and will give us the ability to work the case. Then each of us will work a case. Commissioner Kernick asked who's going? Mr. Ramos indicated that he, June Shultz, Lisa Lara, and Henry Gorham would be attending the training. It would include intake, which is one of the most important steps with HUD. Issues and Basis are one of the most important factors to determine payment. Mr. Ramos gave an example of how HUD looks at cases. HUD will reimburse the City for the expense of the training. Vice Chair Peterson asked about the part-time Intake position. Mr. Ramos explained about the reorganization and new Compliance Officer position in the supplemental budget, and being in the process of interviewing for it. Commissioner Johnson asked Mr. Ramos, if since he was going for training, would he then train others? Mr. Ramos explained that the staff that are going for the training are the only ones who would be working on HUD cases. Mr. Johnson asked if there were other training opportunities in the future. Mr. Ramos explained that this is a mandatory annual training, then there is another special training for Directors or Representatives from HUD that is held during the year. Mr. Ramos discussed the monthly and annual reports to be provided to the Commission. FY 2000- 2001 reporting information was tied into the goals and objectives and measures outlined in the budget document. Mr. Ramos distributed handouts of the old and new report format (which changed during FY 2000-2001. With FY 2001-2002, we will utilize the EEOC and HUD Contract Principles, for the new report format. For clarification purposes, Mr. Ramos explained that the HUD Contract was signed and implemented in April 2001, while the EEOC Contract was signed in October 2001. Federal contracts (fiscal years) run from October 1st, of a given year, through September 30th of the following year. This means the information compiled is meeting two fiscal years simultaneously—the City's (August 1st—July 31st) and the Federal (October 1st— September 30th). Ms. Lyons asked if City Staff could provide additional narratives? Mr. Hinojosa asked if this was the information provided to the City Manager, Mayor, and Deputy City Manager? Mr. Ramos indicated yes, this is provided in a Weekly Report. Mr. Hinojosa congratulated Mr. Ramos on correction of departmental problems—he clarified to the Commission that since Mr. Ramos has been with the Human Relations Department he addressed and fixed some problems and the City has received their new contract with a substantial increase. Chair Hinojosa indicated that Item 6. c. Letter of support proposed by Dr. Elovitz. Commissioners were provided a draft letter, however the item has since been retracted. No action to be taken Vice Chair Peterson made a motion for a letter to be submitted from Commission Chair to the Mayor and City Council members, reflecting the Commission's support for City Transition Plan Project and the need to move forward expeditiously with it. The motion was seconded by seconded by Commissioner Aquiflaga. There was further discussion; it was suggested that the Commission draft the letter for the Chair's review and signature. It can be changed following his review if necessary, but to put forward the Commission's intent in support of the project and the importance of the matter- so it would not be unduly delayed. Mr. Hinojosa asked if the Commissioners wanted other names shown. Vice Chair Peterson expressed a concern over the limited time line and felt it wasn't necessary to have all the signatures reflected. Mr. Johnson asked if the other Commissioners were comfortable in allowing Vice Chair Peterson, Mr. Ramos and Chair Hinojosa to come up with the verbiage of the letter. They will submit it to the Mayor and City Council. Commissioner Summerlin asked if they could make it (the verbiage of the letter) strong. It will be in the record as well. The city has delayed so long and it is amazing they are not further along, i.e.: Building Code Ordinance revisions. Because it is not required by law to make accessibility changes, that is a travesty and a barrier to persons on the community. The letter should be worded strongly. A vote was taken and it passed unanimously. ADMINISTRATOR'S REPORT: An Administrative Report was provided, which incorporated prior report information. It was provided in draft form and Mr. Ramos reviewed all the information shown. Commissioner Lyons asked about reflecting only twenty-seven(27)focus charges. Mr. Ramos clarified that he had been asked by EEOC to focus on fourteen(14) cases, which should be closed by September 301. Thirteen (13) other cases were identified as focus cases, by Mr. Ramos, because of age of the cases. Commissioner Lyons asked if there would be other focus charges after October 151 and would they be cases that were more than 365 days old? Mr. Ramos indicated he would identify additional cases once those were complete, but individually those numbers may vary. Commissioner Lyons indicated that between now and September30th we would need 40 more intakes. Mr. Ramos discussed a pending modification that may be given to the City. EEOC can give additional funding and/or take funding from an area based on the Office's Production Period. In October 2001, we will be awarded a contract for 128 Case resolutions. However, the Intake numbers will go down. Intakes are an unknown variable — it fluctuates based on various employment factors. There has been a recommendation for an upward modification, but it has not been approved yet. We should know mid-September. Commission Lyons indicated that the Commission can't live with the current average charge age. She indicated that we're(the Commission)responsible for the contract. Commissioner Rhoads asked for clarification on deferred Intake cumulative total. Mr. Ramos explained about Contract requirements and FY 2001 indicated 188 to be sent to SADO. Commissioner Rhoads asked about the oldest case and date? Commissioner Lyons wanted to know how many cases are over 365 days and the average date of pending investigations. PUBLIC COMMENTS: None at this time. Vice Chair Peterson presented his wife, Inez. She was there to observe what the Commission addresses on a monthly basis. COMMITTEE CONCERNS/ITEMS FOR NEXT AGENDA: Letter to Mayor and City Council Human Relations,Report ADJOURNMENT: Commissioner Summerlin made a Motion to Adjourn, which was seconded by Commissioner Johnson. A vote was taken to Adjourn and passed unanimously. The meeting adjourned at approximately 6:38 p.m. /0/04/Cf Oscar Hinojos., r., Chairperson Date