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HomeMy WebLinkAboutMinutes Human Relations Commission - 02/04/1999 �ry'�,3141516 t ;.5' I c(r.-°:-.8%. MINUTES BAR 1999 OF THE HUMAN RELATIONS COMMISSION MEETING FEBRUARY 4,1999 eo c, Commissioners Present Commissioners Absent � esQc 07: Ms.Anna Mercado Rev.Willie Davila Rabbi Paul Joseph Ms.Lena Coleman Dr.Sylvester Peterson Ms.Laura Rios Unauthorized absence Ms.Jeanette Stevens Mr.Robert Smith Mr.Errol Summerlin Ms.Olga Tamar Staff Present Ms.Toni Tamez Dr.Helen Gurley Ms.June Shultz Attorney Mr.Alex Lopez The Chairperson called the regular monthly meeting to order at 5:15 p.m. The Roll was checked and a quorum was present to conduct a legally constituted meeting. APPROVAL OF THE MINUTES A motion was offered and accepted to approve the January 7, 1999 minutes as submitted. CHAIRPERSON'S REPORT—MS.ANNA MERCADO Ms.Anna Mercado,Vice Chair,provided this month's Chairperson's Report. (Rev.Willie Davila was out of town.) Vice Chair Mercado welcomes the new commissioners. Discussion began on Housing Committee members need to meet to review/develop policies and procedures regarding Commission's Rules and Procedures concerning Public and Administrative Hearing issues and possible meeting dates/times. Dr.Gurley will set up a tentative date in February for the meeting and notify the Committee members and interested Commissioners. Commissioner Stevens indicated she would like to sit in on the meeting.The Housing Committee will meet in March with Chairman Davila to make a recommendation. Mr.Lopez informed the Commission that he would be available as counsel when the committee meet. NEW BUSINESS No new business presented at that time. Continued after"Old Business". OLD BUSINESS Vice Chair Mercado discussed need for Training Sessions for the new Commissioners(and any other Commissioners who are interested). Dr.Gurley will schedule the meeting and notify the Commissioners. Vice Chair Mercado stressed the importance of the training and encouraged the Commissioners to attend. Vice Chair Mercado reported that the Commission is still waiting for HUD approval on the Housing Ordinance. Dr.Gurley indicated that follow-up correspondence has been sent inquiring about the status. Dr.Gurley indicated that she had received a call from the Regional Area Office,who indicated that as far as they were concerned it was a"Go". However,the office is still waiting for a formal response from Eva Plaza,Assistant Secretary of HUD. ADMINISTRATOR'S REPORT Dr. Gurley briefly reported on the Human Relationsdepartment's monthly activities. (See attached copy.) Dr. Gurley discussed one(1)Fair Housing complaint that was taken,which is not reflected on the monthly report.The matter has been resolved through negotiations and is in final stages of completion(paperwork being finalized). Then the case will be closed out. With the twenty-three(23)charges that were taken[twenty-four(24)including the Housing complaint],there were eight (8)closures-five(5)were"No Cause",three(3)were Administrative Closures. Administrative Closures(no jurisdiction, items)—means we did not have the authorization to investigate the case due to there not being enough employees,claims didn't fall under guidelines established in our City Ordinance,so the cases are closed. She explained the breakdown of financial reimbursement for EEOC contract-$50 for each Intake,$500 for each case we conduct investigation on. Dr.Gurley further explained about holding process,how case determinations are held for fifteen (15)days after issuance of letters of determination are sent,in the event there is a Charging Party or Respondent disputing the determination through a written response. If no letter is received,case will be closed on the fifteenth(15th)day. In the event of a"Cause"determination,there is an attempt to resolve the matter through a Conciliation Process. In the event the matter is not resolved through the Conciliation Process,then the case goes to EEOC General Counsel,who will either take the case to Court or will issue a"Notice of Right to Sue". Dr.Gurley discussed 1997 ADA Case,which is at point of being issued a"Cause Determination".Details of case were reviewed with the Commissioners,including information on some case law presented in defense by Respondent's Attorney. Rationale and Legal Opinion from EEOC for determination discussed with Commissioners and further discussion on intent forattempt for Conciliation Process. If the matter is unresolved the case will be forwarded to EEOC,as these are types of cases that are precedent setting and they would take. Dr.Gurley indicated that we have not received this year's annual contract,however,based on preliminary discussions,our contract is for 118 cases. Since October 1, 1999,staff has already completed 48 cases(41%),plus there are 8 cases in holding phase. Our contract ends on September 30,1999.Although we have not received the annual contract yet,it could be modified upward or remain the same. It will not be reduced. Our intake projection for the year is 232—these are cases sent to EEOC that are located outside of our jurisdictional area. We have 59 intakes to date. There were two(2)closures from 1997-98 that were returned from October 1998,so we are minus two(2)cases. We are four-hundred-eleven(411)inquiries down from last year. There are variables that occur each year,which can impact our statistics. We have had a decrease in the number of charges taken as well. Housing Complaints while preparing the Housing Ordinance were higher,due to visibility of the Office and Commission. Currently they are lower. Many inquiries at one time were from the Housing Authority. The Office and Commission have a better working relationship with the Housing Authority now. At one time matters were addressed through their Attorney. Now,however,we work directly with the Director of the Housing Authority,and the Attorney only enters into the discussion if the matter cannot be resolved. Complaints have decreased. It is easier now to resolve problems. Vice Chair mentioned all the negatives shown. She asked if the Clinton economy is working for us?Dr.Gurley indicated if the economy and job market is good,then there are lower incidents of complaints. People are working and job market is pretty well open. However,if anything should occur,we expect complaints to increase. 2 ' Commissioner Dr.Peterson raised question about support staff for the Department or employer? Dr.Gurley said,for us, the number of people who come in to the office—an example,488 people came in with claims during January,however, only 24 charges taken. If there areno grounds for charge,then we tell them. If it is an employment claim and they demand we take the charge,we take it. Now if it is on a housing claim and it doesn't establish a prima facie case then,we do not take the charge. That is if we are following HUD guidelines. We suggest to employers to provide information that fully address each issue being covered. We also try to encourage them to attempt to resolve issues internally. Also, we have annual Training Conferences for the community. Individuals throughout the community are encouraged to come to the training. Commissioner Errol Summerlin raised a question regarding the information on report for Public Accommodations. His concern was that there was no complains,no investigations,no charges for public accommodations. The Department does handle ADA charges addressing accessibility,including theaters,restaurants,and other places the public frequent. Commissioner Summerlin made an observation,he went to a well recognized local restaurant that has been in the community for a long time,while there he observed that the restroom facilities were inaccessible and not in compliance with ADA guidelines. He went to management and informed them that they were in violation of the law and showed them specifically why they were in violation. Because this was such a prominent restaurant and so well frequented by the community, especially the business community,it occurred to him that he should say something to the Commissioners about this concern. He encouraged each of the Commissioners to do the same thing he does when he sees a problem of this nature. He said that he spoke to the Manager and the Owner,and interestingly enough,they responded by saying they would talk with their lawyer. Commissioner Summerlin gave another example of going to a local hotel,where the doors did not have less than a five(5) lb.pull on it. It was totally inaccessible. No one in a wheelchair could have gotten in without assistance. Another example discussed was inappropriate use of handicap parking.Commissioner Summerlin encouraged others to approach the person and tell them they weren't suppose to be parking there. Point is that we should all be looking for these things. He addresses these things individually and asked if he could address this type of issue as a Commissioner and representative of the Human Relations Commission. He wanted to run it by Mr.Lopez,our Legal Advisor and Dr.Gurley. He wanted to point it out that there are still many places in this City that are inaccessible,if people don't speak out and those people who have substantial resources to make it the required accommodations,after nine years,should be made to comply. Dr.Gurley indicated that through the ADA of 1990,the Building Code was updated and all buildings should have been up to Code by 1996. What we need to do on behalf of the Commission,is to do a survey,and may have to send it to the various agencies within the City,asking them if they have met certain requirements. If they have not,then we need to work with them on meeting these codes. Dr. Gurley indicated that we have only had two (2) complaints of accessibility since she has been here. One was successfully resolved—Dr.Gurley provided details on that case. The other case was passed along to the City's Building Section and Health Department. She is uncertain if that case has been resolved or if it is still pending. Vice Chair raised'question to Mr. Lopez, if this was something as a Commission we could do? Could we set up a Committee? Has this been done in the past? Actually surveying the City and Restaurants? Put together a list of those kinds of situations. If we do get a list,what then? Commissioner Summerlin then responded,indicating that in those instances where his office is contacted about the problem; they send a letter. They have a"Disabilities Rights"Project,allowing fifteen(15)days to come in to compliance. They normally hear from the individual/agency/building,etc.who normally come in to compliance quickly. It doesn't have to be an arduous task,just from going out you,can make a note of locations that are inaccessible. The new ordinance charges us with our duties and responsibilities,we are to report with problems,allows us to bring our own complaints against an organization. 3 In other words we could approach Dr.Gurley,give her the list of names and ask her to send a letter in our behalf. Many times people may not understand or haven't thought about it,or it may be a matter that those who need the accessibility know where they can go and only go there, so they aren't caught in embarrassing situation. And that spreads out into the community. What we might be able to do is send letters asking these individuals to come in to compliance? Vice Chair Mercado indicated she wanted to challenge the Commissioners to do this—when out and about in the Community and note any observations of non-compliance,maintain a list and bring it back to the Commission. She thinks this would be a really good idea. Dr.Gurley referenced Ordinance 023411,Section 24-5,Continuing Programs for the Promotion of Better Relations and Interagency Cooperation,Section(c)reflects that we can: Conduct voluntary surveys,assemble pertinent data,confer with any and all groups and hold hearings to expedite the work of the Commission. This is an avenue that the Commission can use to carry on their work. Vice Chair Mercado had a question for Mr.Lopez—In reference to presenting complaint as an individual or on behalf of the Commission. What are his views on this issue? Mr.Lopez indicated he was going to reserve his views until he has done further research. He isn't comfortable with saying it would be proper or not until he has done further research. He would like to look further into the matter of letters or dialogue on accessibility issues from the Commission, individuals or as Commissioners. He indicated that of course as an individual you can always do that. However,regardless of what the ordinance states,until he has had an opportunity to review a few cases,he isn't comfortable saying or recommending that we can do this. Vice Chair Mercado asked Mr.Lopez to do some research and provide input on the matter at next month's meeting. Mr:Lopez said he would like at the propriety of this,and he would do so before the next meeting. Dr.Gurley provided further reference of Ordinance 023411,Commission Duties and Responsibilities and Section 24-5 dealing with education. She said,what Mr.Summerlin is doing is educating the public in areas in which they are not in compliance. Dr.Gurley explained there have been instances where she has spoken to attorneys,builders,etc.on what the current requirements are. Mr.Lopez also raised concern of what terminology the letter would contain. This is a concern because he would be defending it and needed to consider any possible liability the City could incur. Dr.Gurley also reported the status on the Annual Opportunity Training Conference to be held August 6, 1999 to the Commission. She said,we have confirmation from the Honorable Hayden Head for Opening Plenary. We have been developing the marketing plan,and a follow-up letter to Eva Plaza,Assistant Secretary of HUD was sent. We are asking her to attend as our Luncheon Speaker. We had an attorney from San Antonio confirm for the FMLA session,on Pro Bono basis. We have had confirmation from Cynthia Garcia,to give a presentation on"Hiring the Best". The program is firming up well. Vice Chair Mercado asked if there were any questions? Commissioner Tamar raised question on filing of complaints and resolutions. She had a call at home regarding the time frame for case resolution? Dr.Gurley indicated that EEOC now has a new Chair,who wants all cases completed within one- hundred-eighty(180)days from the date they take the charge. Every Director has to report on a weekly basis on what they are doing to complete the cases within this time line. The new time line has not filtered down to the FEPA's yet,but Dr. Gurley is certain that it is on its way. Dr.Gurley will provide the new EEOC chair name at next meeting—she just came aboard in December 1998/January 1999. , In our office,Dr.Gurley has established a new rule that she does not want a case held in the office more than 240 days. If it is over that time line,then the Investigator must provide compelling reasons to her on why they have not completed the case? 4 PUBLIC COMMENTS-Limited to two(2)Minutes None Brief introduction of new Commissioners and new staff member. The eeting 'ourn d aapproximately 6:30 p.m. Allgy A The Rev.Willie Davila,Chairperson Date Minutes Approved 5