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HomeMy WebLinkAboutMinutes Human Relations Commission - 10/02/2003 SUMMARY MINUTES: QUORUM MEETING HUMAN RELATIONS COMMISSION MEETING October 2,2003 Commissioners-Present Commissioners-Absent Chairperson:Mr. Oscar Hinojosa, Sr. Ms.Betty Black Ms.Lisa Bonilla Mr.Errol Summerlin Ms.Marisa K.Dowling Dr. Sylvester Peterson Dr. Stuart Elovitz Ms.Ruth Silva Dr.Carol Ledbetter Ms. Crystal Lyons Commission Vacancy Ms. Amy Rhoads 1 position(Designated"Rental Dwelling") Mr.Albert Santoya 1 position(Dik Johnson) Dr. Gustavo R. Valadez Ortiz Ms.Nancy Vera 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 October 2, 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: Introduction of four new Commissioners(Dr. Carol Ledbetter,Ms.Lisa Bonilla,Ms. Marisa Dowling, and Mr. Albert Santoya) and announcement of re-appointments of Commissioner Vera and Commissioner Dr. Valadez Ortiz. Additionally,the Chair was re-appointed until June 2004. ATTENDANCE: Roll Call: Mr.Hinojosa—P;Ms.Lyons—P;Ms. Black—A;Ms. Bonilla-P;Ms.Dowling-P;Dr.Elovitz —P;Dr.Ledbetter-P;Dr.Peterson—A;Ms.Rhoads—P;Ms. Silva—A;Mr. Santoya-P;Mr. Summerlin— A;Dr. Valadez Ortiz-P and Ms.Vera—P. (Two pending vacancies.) Excused Absences:Dr.Peterson and Ms. Silva were not here to ask. Minutes: Approval of September 4, 2003 minutes — Commissioner Lyons made a motion to accept the minutes as presented, seconded by Commissioner Valadez Ortiz. A vote was taken and the motion passed to accept the minutes as presented. ANNOUNCEMENTS: The new appointees were introduced and each gave a brief background statement. PRESENTATION:None. CHAIRPERSON'S REPORT:No report. COMMITTEE REPORTS: Housing Subcommittee: Since the Subcommittee Chair- Commissioner Black was absent, Commissioner Rhoads provided an update. They have been working on development of a"Fair Housing"brochure. They have compiling text content for the brochure. The draft is pending the subcommittee's review for any SCANNED 1 suggestions/changes, prior to coming before the full Commission. They plan to have it in next month's Commissioner's Packets,so Commissioners may review it and come to the meeting and discuss it. Committee for Persons with Disabilities: Commissioner Lyons indicated the CFPWD held their monthly meeting yesterday. They had a presentation regarding the Sister City Program and "Wheelchairs For Peace" Project. The project is to raise $18,000 to fund the purchase, shipment and delivery of 240 wheelchairs to our Sister City, Vera Cruz. The main focus of the CFPWD continues to be the proposed non-discrimination ordinance. City staff has held several meetings in the community,giving information to organizations/associations. Mr. Ramos, Mr. Quittner and CFPWD members have been attending the meetings. Overall the response has been pretty positive to very positive, with one exception. The Council of Governments (COG) is working on a resolution in support of the ordinance. The RTA Board is also working on a resolution in support of the ordinance. There are a few more meetings scheduled and they are going to be reaching out to the disabled community for their input as well. The CFPWD is presently working on an"Accessibility Parking Brochure";it will give general information and explain how to get an "Accessibility Placard", dimensions, state laws, etc. They have a CFPWD Member who is an architect, who is working with the Arena Committee and who will give ADA input to the management team. Other cities in the State, such as Houston, Austin, San Antonio have included their CFPWD groups in each of their Arena Projects. Additionally, the CFPWD is very interested in the City's Human Resources Department doing a comprehensive self-evaluation regarding Title I. They made a recommendation to the City Manager a few months ago;however,they are not getting anywhere so far with it. If it isn't addressed, the CFPWD may need to involve the Human Relations Commission. Commissioner Lyons briefly reviewed the proposed Non-Discrimination Ordinance with the new Commissioners and invited them to attend the upcoming October 1 1th or November 4th Public Meetings. The City Council will have the second reading of the ordinance on December 9,2003. It passed unanimously on the first reading. The Chair mentioned that "Citizen's United For A Better Corpus Christi" also had a presentation on "Wheelchairs For Peace"and they donated$300.00 toward the project. It's a good cause. Dr. Valadez Ortiz asked when the next public meeting would be held? It will be held on Saturday, October 11th,at 2:00 p.m.,at the City Hall Council Chambers. Education Sub-Committee: Commissioner Vera welcomed the new commissioners to the Commission. She indicated she hoped that they would be appointed to the Education Sub-Committee. Commissioner Vera indicated that she would like to have Education Sub-Committee members stay after the meeting today, to schedule a date,time and location for a sub-committee meeting. They are currently working on planning details for a conference. The Chair indicated he was going to appoint the Youth Commissioners to the Education Sub-Committee. He asked Commissioner Ledbetter if she would like to participate on the committee as well? Commissioner Ledbetter agreed to serve on the Education Sub-Committee. OLD BUSINESS: A. Housing Concerns- 1. Ad Hoc Committee-Update from Committee. A handout was distributed,providing a report/overview of the meeting and recommendations put forward to the full body of the Commission for their review,discussion and possible action. (Commissioner Lyons indicated she had not been able to attend the meeting because she had to go to Houston.) Commissioner Lyons indicated that it appears a lot was covered and it addressed the objects very well. The Chair made a motion to approve the suggestions,as put forth by the Ad Hoc Committee, seconded by Commissioner Lyons. A vote was taken and the motion passed. The Ad Hoc Committee was disbanded. B. Letter to Mr.Franco and the Corpus Christi Housing Authority. The draft was sent out to Commissioners in their packets. (Commissioner Valadez Ortiz mentioned that he had not been received his packet. He asked staff to verify his current address. A copy of the letter was provided for Dr. Valadez Ortiz review.) After all the commissioners had an opportunity to review the letter, Dr. Valadez Ortiz made a motion to accept the letter as presented, and was seconded by Commissioner Lyons. A vote was taken and the motion passed. The Chair signed the original and Human Relations Department staff would mail it. NEW BUSINESS: A. Nomination of the Vice Chair position: Commissioner Rhoads nominated Dr. Valadez Ortiz, and was seconded by Commissioner Vera. A call was made for other nominations,but no others were received. A vote was taken and it passed by acclamation. ADMINISTRATOR'S REPORT: Mr.Ramos provided an overview of the September Administrator's Report distributed at the meeting to the Commissioners. Mr. Ramos discussed current/pending case status, resolutions and average age of cases - we met the goals for resolutions and intakes to EEOC-SADO. We started the new EEOC Contract on October 1st. We will be starting new Contract Year report information, compiling our statistical information. Dr. Valadez Ortiz asked if the majority of our cases were ADA related, as they were broken out? Mr. Ramos indicated no, the breakout of information was for the CFPWD. Mr. Ramos explained the report format. Dr.Valadez Ortiz and Commissioner Vera asked if there could be a more comprehensive breakout on type of cases received and/or resolutions by Basis/Issue and type of resolution. There was general discussion about the interest in types of cases being filed and if they had the breakout, then if there was a discriminatory pattern in a certain area -attention could be given in that area. Mr. Ramos indicated they had a Public Accommodation charge resolved. Commissioner Vera asked a question about how frequently cases were ruled in a Charging Party's favor? Mr. Ramos explained it varied. There are various outcomes in a case. Mr. Ramos and Ms. Shultz provided information regarding Cause, No Cause, No Fault Settlements,etc. The Department receives$50.00 for each deferral. However,cases that we maintain here,upon completion of the investigation and submission for acceptance by EEOC-SADO,are reimbursed at$500.00. Cases may have multiple bases (reasons why a person believes they were discriminated against) and/or multiple issues (specific areas of discrimination), as well as multiple types of resolutions. This past contract year,we had 101 Case resolutions and 171 Intakes deferred to the San Antonio Regional District Office (who we have our Contract/Work Sharing Agreement with). The new commissioners were informed that they could ask any questions. Mr.Ramos further indicated that there might be times when he may share an interesting case with the Commission-once it's closed. It is important to remember that this information is confidential. Dr. Valadez Ortiz indicated that it is important to determine if there is a pattern of type of discrimination. This Commission could help address the situation,if a pattern is developing. Mr. Ramos discussed models of proof and how intakes are done. Mr. Ramos emphasized that we don't discourage anyone from filing. We've been told to tell potential charging parties if there are problems with the facts provided that may impact the outcome of a case. Certain criteria mustbe met. A Charging Party may request a "Notice of Right to Sue". Further general discussion and clarification of what findings mean. A cause finding means that"there was reasonable cause to believe that discrimination occurred" -in those instances the Department would seek conciliation. j . .l A no cause finding means that"there was insufficient evidence or information to prove that discrimination occurred" -in those instances the case is dismissed by the Department and/or the Charging Party may ask for a "Substantial Weight Review" by EEOC or may ask the EEOC-SADO for a notice of right to sue request within 15 days of the date of the letter of determination. A No Fault Settlement is a negotiated settlement agreement between the Charging Party and Respondent, based upon the agreed upon terms (i.e.: reinstatement, lost wages, lost benefits, sensitivity/issue specific training, a new or reissued policy, neutral references, a purged personnel file, a transfer, a lump sum payment,etc.) - A Notice of Right to Sue Request means that a Charging Party is requesting stopping of the investigation, and asking EEOC permission to take the case and file it in State or Federal Court, rather than waiting for completion of the investigation. Mr. Ramos also discussed the Solid Waste Services ADA Accommodation Requests the Department has been receiving. There have been a lot of calls because the third phase has begun, where they are distributing the new 96 gallon trash cans for automated service. We have completed 16 reasonable accommodation requests - but have had a substantial number of inquiries. Commissioner Vera and Dr. Elovitz asked what was the reasonable accommodation? Mr. Ramos explained examples of reasonable accommodations -i.e.: exchanging the 96-gallon trashcan for a 65-gallon trashcan; or obtaining a special service. Mr.Ramos explained the process of what is needed to obtain a special service. Dr.Elovitz stated that with the number of calls being received, that is also an indicator of our growing disabled population. Mr. Ramos indicated yes. Further discussion ensued. Dr. Elovitz asked if age was considered a factor? Mr. Ramos indicated yes. Further discussion on reasonable accommodation criteria. Mr. Ramos gave an example of having to go to do an on-site visit, to prepare an affidavit and to attest to the need for the reasonable accommodation. Dr. Elovitz asked if they had considered the number of population over 70? Or if anyone knew what it was? Commissioner Lyons indicated that she didn't know, but reviewed statistical information regarding persons with disabilities -i.e.: Ages 8-18 approximately 8%; Ages 18-64 approximately 21%;Ages 65 and over approximately 47%. Further discussion on aging. Dr.Elovitz asked what the greatest disability was? Commissioner Lyons indicated that there are many disabilities, however birth, accidents, injuries and health were the highest. The Chair asked about persons with temporary injuries, do they count? Commissioner Lyons clarified that no, as it isn't a permanent impairment that impacts one or major life activity. Dr. Elovitz asked what if a person is considered to have a disability? Commissioner Lyons indicated if a persons is regarded as having a disability, then it might be discrimination. Dr.Ledbetter asked about sending cases to San Antonio.The Department receives complaints/charges from potential charging parties. The complaint may be kept local (if it is within our jurisdictional authority - such as within our corporate city limits). Or it may be deferred to the EEOC-SADO for them to handle. (i.e.: if it is a State, County, School District, Hospital District, in the Industrial District or any other potential conflict of interest for us to investigate). We can take the complaint that is to be deferred,but we can't investigate it. Other jurisdictional requirements to be considered:number of employees,not a contract labor situation,and we can look at dual respondents. Once a charge has been perfected, it is assigned to an investigator, who will then ask for additional information, talk with witnesses, and possibly do on-site visits. AGENDA ITEMS/CONCERNS/PUBLIC COMMENTS: Mr. Ramos asked Commissioners how they would individually like to address calls coming in, if an individual wants to distribute information or call them? Some of the Commissioners have already e-mailed Ms. Taylor-Butler. The Chair asked not to share his cell number or e-mail. Commissioner asked that her phone number and personal information not be released. However, e-mail is okay. Commissioner Rhoads and Lyons provided information to Ms. Taylor-Butler. Dr. Ledbetter asked that we not release her e-mail or personal information. Dr. Valadez Ortiz doesn't want personal information released,but e-mail is okay. Ms.Dowling indicated phone and e-mail. Mr. Santoya indicated e-mail. Others will provide an update. 4 Dr.Elovitz asked if the new commissioners would be attending orientation training? Mr. Ramos indicated yes. He explained to the new commissioners that they would receive a packet/notebook with an overview of information, such as our ordinances that outline our authority, informational fact sheets, etc. He asked the commissioners to submit e-mails for a convenient date and time to hold the orientation training. (He mentioned that it is good to hold it on a Saturday, if possible.) Mr. Ramos indicated that he also likes to include some of the current commissioners to help provide insight into the duties and projects being worked on. We have two other vacancies at this time, so we may wait until those appointments are made. Commissioner Black was moved to the "Selling Dwelling" designated position, so we have a "Rental Dwellings" designated position vacancy and have contacted the Corpus Christi Apartment Association about the vacancy. We also have the vacancy created by previous Vice Chair Johnson. We anticipate appointments to be made in late October or early November. Commissioner Valadez Ortiz made a motion for the Meeting to adjourn, that was seconded by Commissioner Elovitz,and the motion passed by acclamation at 5:58 p.m. Minutes Approved By: —'1l Oscar Hinojosa, Sr., HRC Chairperson Date 5