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HomeMy WebLinkAboutMinutes Human Relations Commission - 08/07/2003 SUMMARY MINUTES:QUORUM MEETING HUMAN RELATIONS COMMISSION MEETING August 7,2003 Commissioners-Present Commissioners-Absent Chairperson:Mr.Oscar Hinojosa, Sr. Dr. Sylvester Peterson Ms.Laura Aguinaga Dr. Stuart Elovitz Ms.Betty Black Ms.Nancy Vera Vice Chair:Mr.Richard"Dik"Johnson Ms. Crystal Lyons Commission Vacancy Ms. Amy Rhoads 4 positions Ms.Ruth Silva Mr.Errol Summerlin Dr. Gustavo R. Valadez Ortiz Staff—Present HRC Legal Advisor-Present L.David Ramos Mr. Joseph Harney Wanese Taylor Butler-Absent June Shultz The Human Relations Commission held their Regular Monthly Meeting,on August 7,2003 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. CALLED MEETING TO ORDER:Chairperson Hinojosa called the meeting to order. INTRODUCTION: None. ATTENDANCE: Roll Call: Mr. Hinojosa —P; Dr. Peterson—A; Ms. Lyons —P; Ms. Aguinaga— P; Ms. Black — P; Dr. Elovitz—A;Mr.Johnson—P;Ms.Rhoads—P;Ms. Silva—P;Mr. Summerlin—P;and Ms.Vera—A. Excused Absences: A motion was made to show excused absences for- 1)Betty Black; 2)Ruth Silva; 3) Errol Summerlin;and 4)Dr. Gustavo Valadez Ortiz by Vice Chair Johnson and seconded by Commissioner Rhoads. A vote was taken and the motion passed. Minutes: Approval of July 3, 2003 minutes — Dr. Gustavo Valadez Ortiz made a motion to accept the minutes as presented, seconded by Crystal Lyons. A vote was taken and the motion passed to accept the minutes as presented. The Chair announced for those who were absent last month that Dik Johnson was selected as Vice Chair. PRESENTATION:None at this time. CHAIRPERSON'S REPORT:No report. COMMITTEE REPORTS: Housing Subcommittee: Vice Chair Johnson didn't provide a report. However,he indicated that they were reviewing ideas for a "Fair Housing" brochure. They have compiled some brochures from the Attorney General's Office and from Texas Rural Legal Aid. Vice Chair Johnson will be scheduling a Subcommittee Meeting to continue work on a draft document to bring back to the Commission. Additionally, they want look at the charge for the Housing Subcommittee,including issues pertaining to persons with disabilities. SCANNED • Committee for Persons with Disabilities: Commissioner Lyons briefed the CCHRC that the CFPWD held a meeting yesterday. The proposed non-discrimination ordinance passed its first reading and the second reading is scheduled for December 2003. We will be holding additional public meetings regarding the proposed ordinance. We will share the dates of those meetings, if you would like to attend. There was some general discussion about affording opportunities to non-profits, entities, and the general public to learn more about the proposed ordinance and provide input. There was some discussion about past problems encountered with ADA related issues. Additionally, there were questions raised that will be addressed or responded to. It was a good opportunity for outreach and public awareness. Mr. Ramos mentioned that Commissioners may go to the website to review the proposed ordinance if they wished to do so. Mr.Ramos indicated that Ms. Butler is working on scheduling the meeting dates and once they are known,that she would send out an informational e-mail to everyone. Ms. Lyons asked if anyone had any suggestions,ideas or precautions they would like to pass along,please let her know. Education Sub-Committee: Commissioner Vera is absent. Commissioner Valadez Ortiz indicated that he is aware that they were trying to schedule a meeting. They are planning to meet before the next CCHRC Monthly Meeting. OLD BUSINESS: A. Housing Concerns- 1. Ad Hoc Committee-Update from Committee. Commissioner Aguiflaga is the Chair. Commissioner Aguinaga indicated that they had not had an opportunity to hold a meeting and that she needed clarification on the charge of the Ad Hoc Committee. She wanted to know what the Commission wanted the Ad Hoc Committee to do? What is the specific charge of the Rental and Selling Dwelling positions? A brief review of the minutes reflected what had been discussed. Historical records are in storage,but could be available at the meeting. City s aff would need time to retrieve the records from multiple locations. Mr. Ramos indicated that if they could meet in the Human Relations Office,if would be better, so they could provide the historical records. Commissioner Aguiflaga asked if she could get the files today. City staff indicated they could not provide the information on such short notice, as they are stored in the City Hall Basement, which is a locked and restricted area. City staff can start retrieving the materials tomorrow. Mr.Ramos also referred Commissioner Aguifiaga to the ordinances, which outline Commissioner duties. The ordinances are in the notebooks given to each Commissioner at orientation and in subsequent Annual Reports and CCHRC Annual Conference Training Manuals. However, Mr. Ramos can provide her a copy tomorrow, if she would like it. At the previous meeting, Mr. Harney discussed Commissioner duties and the revision to the ordinance at the time of the Housing Ordinance revision,to include the two positions. Ms. Black indicated she didn't know what was being discussed. The Chair clarified that based upon concerns raised in the previous meeting, and in response to a suggestion by Commissioner Lyons made,they elected to form an Ad Hoc Committee to look at Housing Concerns. Some of the concerns mentioned were: the duties of the positions representing rental and selling dwellings, and suggestions, recommendations and/or options for consideration pertaining to housing concerns. The Chair further explained the Ad Hoc Committee consisted of Commissioner Aguifiaga(Chair), Commissioner Lyons, and Commissioner Vera. Commissioner Lyons provided further clarification that there had been a real confusion in the past about what the persons who sit in the rental and selling dwellings seats, what their role is and should they sit on the Housing Subcommittee and what happened before. Ms. Lyons suggestion was to get a small group together to try to look at historical information and at least see what happened historically. There was confusion about which position Ms. Black was appointed to. Commissioner Black indicated she knew which position she was appointed to; however, she had mentioned in the past that she wanted to change to the other position, because she was more associated with the realtor community, rather than that apartment community. Commissioner Lyons indicated the goal was to get as much information as possible and come back to the Commission and let them know what they found out. It would help the Chair get a handle on things. Commissioner Aguifiaga again raised the question of what the duties of the Commissioners are? She was referred back to the ordinances. Additionally, the purpose of the Ad Hoc Committee was to review the specific questions of how the two positions came about, and to come up with suggestions, recommendations and/or options to bring back to the Commission. There was discussion about how the two positions came about during the time of the Housing Ordinance was being revised, because of concerns from the Apartment Association and Board of Realtors of proposed changes. They wanted to ensure that there was exchange of communication going to and coming back from the two entities; and sharing information on housing concerns. Commissioner Summerlin was present during that time and he would have more information from that time. Commissioner Summerlin indicated that essentially,that this was a compromise in order to get the Housing Ordinance passed. Commissioner Lyons indicated that part of the reason for the suggestion, was that looking back over the past two years, the Housing Subcommittee has done nothing. No reflection on Vice Chair Johnson, but he can't get the members to meet. So that's why some of the Commissioners were asking,what's the role of the Commissioners who are filling positions for rental and selling dwellings? That's with the assumption that they should be on the Housing Subcommittee. Discussion about concerns of housing discrimination in the community, lack of outreach, etc. - there's a breakdown somewhere. That's part of the reason-do we sit here and do nothing each month or try to help people in the community? Commissioner Rhoads also mentioned that the comment about sharing communication between the Commission and the two entities -she's never heard anything from the people representing rental and selling dwelling. They may be communicating back to the groups they represent, but they are not bringing anything back to the Commission. That was a question we had. Are they suppose to be bringing information back to us, so we can make decisions? Because it's not happening. I would think that was what was suppose to be happening in the Housing Subcommittee,but those meetings have been very difficult to occur, if not impossible. We are not getting the information that it was intended to provide. Ms.Black mentioned reference in last month's minutes that if she would like to apply for the other position,that she is to contact the City Secretary's Office. Commissioner Black also indicated that some of the Housing Subcommittee meetings held in the past,she has not been able to attend. They have not come at a time she could go. She suggested that possible when scheduling the next meeting, that two options might be provided. Commissioner Black believes bringing back communication to the Board of Realtors (to and from)was part of her role. However, she has not been able to meet with Vice Chair Johnson yet. The Chair suggested that if Commissioner Black could bring back information to the Commission when she attends the Board of Realtors Meeting. Commissioner Black mentioned an upcoming convention and the possibility of a booth at the convention. That would be a place if we wanted to distribute a pamphlet on Fair Housing to the community. Commissioner Black indicated that she knows that goes on in the community that people discriminate in housing,but that's not what she runs into each day. She just doesn't see the discrimination. She's not versed in talking about it. She would let the Commission know about it, if she did. Commissioner Summerlin indicated that there are two things that will get the organizations excited. The first is when they really see what we are sending. They're going to look at it and depending upon what's in the brochure,you see them at the table,because they are going to object. The second thing is we had talked about PSA-radio,television,etc.,announcements. A spot where a child might be saying, "I can't be discriminated in housing,against me because....",and"you can call ...". Start putting items out like that on PSA's and I think you will have persons from the apartment association sitting in. And that's not because it's a bad idea. This would be a short 15-second spot, and every channel would give them to us, if we keep them short and sweet. It's good outreach, great outreach,but once you start putting things like that out on television, those apartment owners who have discriminated against families and children will clearly start talking and saying why are you putting those things on? Commissioner Lyons indicated that the said thing is that there are problems. Commissioner Lyons mentioned at the Fair Housing Seminar that Luz Day of HUD had indicated that although training is attended,the information is not getting back to the Apartment Managers through their own association. Therefore discrimination is going on and on. Commissioner Rhoads indicated that if everyone listened very carefully when Mr.Franco from the Housing Authority was here, he stood there and told us that they would not build it. They are building new apartments that are not accessible. They are wasting-it is wrong. They can be accessible,but they are not building them that way to start with. Vice Chair Johnsoncommented that they are not using universal design. Commissioner Rhoads indicated that there is a huge amount of education that needs to be done. B. Vacancies-The Chair reminded the Commissioners of the four vacancies- one selling dwellings and three Youth Commissioners. Applications are available at the City Secretary's Office. The Mayor and City Council make the appointments. Discussion about Youth Commissioners appointments and reaching out to diverse campuses. Commissioner Lyons requested that we request someone from the City Secretary's Office to come to the next meeting and discuss the process for the Youth Commissioners. The Human Relations Department has assisted the Mayor's Office in the past in sending out letters to the campuses, but that has been taken over by the Mayor's Office (letters to go out under his signature). Some of the Commissioners were interested in the process and wanted to see if there was some way they could help. There were also comments about needing to know terms of office and related information. There was discussion about loss of time for terms for Youth Commissioners and appointments prior to end of school, when they could become familiar with Commission over the summer. The Chair indicated that he would ask Mr. Chapa. Commissioner Black asked if the youth received any credit for their service on the Commission. No. However,they reflect their community service and participation on the Commission on their resume, which helps when applying to universities and colleges. NEW BUSINESS: None ADMINISTRATOR'S REPORT: Mr. Ramos provided an overview of the July Administrator's Report distributed at the meeting to the Commissioners. Mr. Ramos discussed case status,resolutions and age of cases. Mr. Ramos touched upon Employment, Housing, ADA and Public Accommodation. Mr. Ramos provided information on the new number of closure requirements (there was a downward modification). Mr. Ramos discussed how he is maintaining the information on age of cases (contract requirement to not go over 365 days), which was a big issue a year ago. When he came and took over the position, we had a substantial number of cases above that. This is a reminder to never go above that again. Right now we don't have any. Mr. Ramos discussed community meetings and sensitivity training provided to Supervisor Training Class at Del Mar College (People First Training), Council Meeting presentation on the proposed ordinance and two public meetings in July. There is a request to provide a presentation on housing at the monthly meeting for the NAACP later this month(August 18th at 6:00 p.m.). Mr. Ramos indicated that what Commissioner Lyons mentioned earlier was true, hopefully the Housing Subcommittee can come together so we can provide more of an outreach,so that we can get ready. We've been trained,we already know how to do the charges, the Substantial Equivalency that we received will end in April 2004,and then we will be pretty much like EEOC, where we would get paid for closures. During the period of Substantial Equivalency, we've received$115,000 per year for three years. This is our final year. In order to stay within that same amount of revenue, we would need to do approximately 60 cases per year. So the outreach is very important. Other FHAP agencies, they have an outside organization that refers people to us. They will be referring people to us. There is an agency that has requested that they be designated as a FHIP (that's Accessible Communities Inc.)and they might get the grant. But that would be next year. So if that happens we would have an inflow of charges coming in,plus whatever outreach that we do. So we should be able to complete the 60 cases or more. HUD pays a little more than EEOC on case closures. They pay$1,800,EEOC pays $500. Hopefully the awareness and outreach that we'll start,plus the designation of the FHIP will allows us to have the inflow of charges coming in. The City staff and investigators have been trained including Ms. Shultz,Ms. Butler,the two Compliance Officers and Mr. Ramos. So we would hopefully be able to close 60 cases a year. It would be a matter of getting the PSA and brochure out to the community. We want to target everyone, but also the persons who need to know where to come and file the charge. We want to sent out information with CP&L and/or utilities bills,to allow persons to share the information with others they may know. We are hoping that will become a reality before April 2004, so we will be able to start a new agreement. The Chair questioned if there were any complaints from persons with disabilities. Mr. Ramos clarified that the report reflected closures,but yes the Human Relations Office has received housing complaints from persons with disabilities. However,during the Interim Agreement,HUD is only assigning a limited number of cases to the Office. When we get the new complaints,we forward the cases to HUD. They are limiting cases to allow for time for staff to learn HUD's process for investigations. They have their own processes and procedures, data system, etc. The majority of cases we've received have pertained to ADA related issues and/or reasonable accommodations. Others have pertained to race or national origin. HUD is controlling the number we investigate. They will investigate the others. We do not have authority to investigate Housing Authority or Section 8 cases. They go directly to HUD. Commissioner Lyons 4 I asked if we would be able to investigate those cases at the end of the interim agreement? Mr. Ramos explained that no, we wouldn't because they are HUD properties. Mr. Ramos indicated that they held a Conference Call Meeting on up-coming plans and this was one question discussed. Because the City wanted to investigate them,but we don't have jurisdiction. Commissioner Black asked about the number of housing complaints received? Mr.Ramos indicated that there weren't that many,we had 13 total cases this year. People are used to sending their charges up to Ft. Worth or Austin. That's why the outreach is so important and that they can come to our office. There was discussion about the types/variety of issues people can file under. The majority of the 13 filed pertained to ADA related issues. Further discussion about ADA and who is responsible for paying for modifications and undoing the changes. Discussion of outreach and other FHAPs and FHIPs. Commissioner Black discussed the Board of Realtors Website, if there are multiple complaints,then they can send out a message organization wide. Commissioner Lyons discussed the Fair Housing Act,minimum requirements,new construction,etc. It's basic access and it's not being done. Yes, in some instances it is the responsibility of the tenant to pay, but in other instances in some new construction, etc., it is the developers responsibility. It's not cut and dry. Further general discussion. The proposed ordinance was briefly touched upon in regards to monitoring, etc. The Chair asked if the department was going to receive additional staff to assist with the additional responsibilities? That is unknown at this time, although Mr. Ramos did put in recommendation for additional staff. Mr. Ramos mentioned that the Human Relations Department staff would be out of town at the HUD Conference the last week in August. AGENDA ITEMS/CONCERNS/PUBLIC COMMENTS: Commissioner Lyons raised a concern and indicated that maybe,Mr.Ramos could help with this? It was a concern about the presentation provided by Mr.Franco at last month's meeting. The concern pertained to a question if the Housing Authority is using funds from TDHCA for the new construction and type of new construction being done. There was a senate bill (SB 623) that requires basic access in single family homes,triplexes/duplexes, etc. Texas was trying to fill in the loophole of the Fair Housing Act,regarding TDHCA grant funding, including monies used for down payments. He's not aware of that. As Commissioner Rhoads pointed out they are building houses now,from what we can tell,that don't have any basic access to them. When we know the persons with disabilities population is 21% and going to rise. We're doing a disservice to the community by keeping our eyes closed to this kind of situation. It is our responsibility to not just let it go. Commissioner Aguinaga asked Mr. Franco a lot of questions about building accessible housing and he said they didn't know who needed it,but before that he had stated, it's all those people who are still there who are aging. So he knows who needs it,potentially everyone needs it. Commissioner Lyons indicated she thinks we have a problem here and is aware the Mr. Franco was with HUD for years. But we shouldn't just look at his resume and think he knows everything he's suppose to be doing,because evidently he doesn't. So, she suggested that the Commission provide something(a letter)or information to him in an official capacity. The Chair asked if the Housing Subcommittee could address it? Commissioner Lyons indicated that maybe that is a goal they could work on. But that this just sent up a red flag with several commissioners and he had a good excuse of why not to do it. In that some are not as well informed as we are and if others were sitting there,they would believe him and think it's okay to not be in compliance. Mr. Franco doesn't understand what his obligations are, therefore, perpetuating the problem. The Chair indicated that it's okay if the Subcommittee want to meet with him. Commissioner Rhoads indicated that in an unofficial basis, she has a friend who sits on the Housing Authority Board of Commission, who she shared information with regarding the presentation provided by Mr. Franco. The friend of Commissioner Rhoads was also taken aback about it. The friend indicated that she was surprised he bad stated what he did,in light of their last Board Meeting. But she was going to go back to their Board about it. Commissioner Lyons asked the Chair if he would like to make it a charge of the Housing Subcommittee? The Chair indicated that Vice Chair Johnson was the Chair of the Housing Subcommittee and he was giving him permission to do so. Mr. Ramos indicated that City staff could work with Vice Chair Johnson and Commissioner Lyons on drafting a letter or some information,as the Housing Authority is already starting to do some work on Lamont Street (by Everhart). They're already breaking ground. Commissioner Lyons indicated that it may already be too late for Lamont, because Mr. Franco made it sound like they already had the plans to build these aluminum structures. But it wouldn't hurt them to know. Vice Chair Johnson indicated that in light of Commissioner Rhoads said, maybe he (Mr. Franco) may not know what's going on. There was discussion about input from Mr. Harney and Mr. Summerlin. 5 Send a copy of the letter to the chair. Start off about the presentation, and then mention recommendations and send a copy of the letter to the chair. Ms. Aguinaga indicated that the question of the Ad Hoc Committee is still unanswered. She asked for specific duties of the Committee - is it: to investigate old records and clarify the duties of the rental and selling dwelling positions? Further discussion about the Ad Hoc Committee was to obtain history, see if it still applies, and make suggestions/recommendations/options for consideration. Commissioner Lyons discussed the purpose of her suggestion for the Ad Hoc Committee. Dr. Valadez Ortiz suggested that once a year, we conduct a review of all charges and committees. The tape is available for review on the discussion leading up to the suggestion for the Ad Hoc Committee and what the charge of the Committee was to be. The Chair indicated they need to hold a meeting with the Committee Members to discuss these things. Mr. Ramos indicated he would provide a copy of the detailed duties outlined by the ordinances. Further general discussion. Mr.Ramos asked Commissioner Aguifiaga to call to schedule the meeting date and time. The Chair suggested that Mr.Harney be present at the meeting. Meeting adjourned by acclamation at 6:20 p.m. Minutes Approved By: f/t0 4/0-5. Oscar Hinojosa, Sr., HRC Chairperson Date 6