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HomeMy WebLinkAboutMinutes Human Relations Commission - 08/01/1996 `,. MINUTES OF THE HUMAN RELATIONS COMMISSION MEETING AUGUST 1, 1996 Commissioners Present Commissioners Absent Reverend Willie Davila None Mr. Leonides G. Bazar Mr. Clyde Bourke Staff Present Ms. Lena Coleman Ms. Corina Garcia Helen R Gurley, Ph. D. Rabbi Paul Joseph Mr. Joseph Hamey Ms. Anna M. Mercado Ms. Adel!Lucas Ms. Nancy Somers Ms. Adriana Luna Mr. Enol Summerlin Mr. Harold Williams, Jr. The meeting was called to order at approximately 5:05 p.m. by the Chairperson, Rev. Willie Davila. Roll call was taken and a quorum was present to conduct a legally constituted meeting. APPROVAL OF THE MINUTES It was moved, seconded and voted that the minutes of July 18, 1996 stand approved. CHAIRPERSON'S REPORT Rev. Davila stated that he would like to see the monthly meetings for the Commission continue as they were scheduled this past year. That is, alternating between meeting one month at city hall and meeting the next month at a location in different neighborhoods in the community. The commissioners unanimously agreed to continue community-wide, bi-monthly meetings to provide residents a forum for public hearings. Alter Rev. Davila discussed various committees of the Human Relations Commission, he asked for the Commissioners' preference for participation. The Commissioners expressed the following as their preference(s): Housing Committee-Commissioners Corina Garcia, Lena Coleman, Harold Williams Committee on Programs/Activities - Commissioners Corina Garcia,Anna Mercado, Leonides Bazar lbw 1 Mayor's Committee on Disabilities - Commissioner Clyde Bourke Speakers Program- Commissioner Errol Summerlin Committee to serve as liaison between the City Council and the Commission-Commissioners Anna Mercado, Rabbi Joseph Rev. Davila stated that the goal of the Commission is to amend Ordinance 20838 for substantial equivalency with federal government standards. He further stated that this request to amend the ordinance would be a great challenge for the Commission and that any recommended changes in the ordinance brought before the City Council would probably be met with resistance. Therefore, it will be very important to inform the Council on how amending the ordinance will impact the community at-large,as well as,how the proposed changes will be enacted, so that this might not be viewed with negative connotation. fOMMISSIONERS' TRAINING 41/ The Commission agreed to meet on Saturday, September 7, 1996 to hold its annual training workshop. UNFINISHED BUSINESS Rev. Davila asked Helen Gurley how many additional complaints relating to fair housing had been taken by the department after the last meeting on July 19, 1996. Dr. Gurley reported on the number of fair housing complaints received. She mentioned that EEOC will handle all employment complaints against the Housing Authority. Dr. Gurley stated that the Housing Authority's Board has issued a directive to their attorney to completely cooperate with any requests from this Commission, as related to fair housing/employment. One particular case involving eviction is being discussed at the present time(due to the urgent need for the family to remain housed)with the Housing Authority attorney, and while no determination has been made as to whether discrimination occurred,he has made every effort to cooperate, stating that if a mistake has occurred in this case, it was not intentional and that the Housing Authority would make every effort to correct the situation. Dr. Gurley mentioned that the Human Relations Commission has not completed its investigation to determine whether discrimination has occurred as it relates to the Housing Authority. Should evidence of alleged discrimination be determined once the investigation is complete, Dr. Gurley may at that time,file a third party charge of discrimination on behalf of persons who may not want to file individually for fear of retaliation against them and/or their families. 2 `t. SUBPOENA AUTHORIZATION This item was not on the agenda, therefore, it was for discussion purposes only and involved no action. Dr. Gurley stated that over the years there have been cases where Respondents have not replied to three and four `Requests for Information" from the department, thus preventing the process of investigation from moving forward to complete these cases. She would like to close these (some dating back to 1994 and 1995) by issuing a subpoena to the Respondent requesting information. However, Ordinance 20838 is written in such a way that she would have to disclose the file names and charge numbers publicly to the Commission, in order that they grant the authority for issuance of a subpoena,which is in direct conflict with the department's work-sharing agreement with EEOC. Particularly while an investigation is still open, the administrator cannot divulge confidential information. Commissioner Errol Summerlin stated that in 1989 when Ordinance 20838 was presented to the City Council, the intent of the Human Relations Commission at that time, was to enable the Commissioners to conduct closed-session meetings, thus allowing the Commissioners access to information (which is a provision of the "as need to know" basis under Title VII) contained in confidential files. They in turn would enable the administrator of the department to issue the t subpoena after receiving approval from the Commissioners, because the Council did not want the �r administrator to make this decision alone and perhaps misuse the subpoena power. It is Mr. Summerlin's opinion that the interpretation of the City's legal department that "all of the Commissioners meetings must be public and that the Commission cannot ever meet in closed session" is erroneous and a more recent interpretation by the legal department. He further stated that, he believes, if revisions were made to Ordinance 20838 which would change these rules, the City Council would reject this amendment. The City Council, Mr. Summerlin stated, will not allow a change in the ordinance to give one person the authority to issue a subpoena because they will want all information to be reviewed. But,if the Commissioners are not allowed to meet in closed session, he said,then who is going to review confidential information to make a determination for a subpoena? Rabbi Joseph stated that he thought the Commissioners do not need disclosure of specific names of individuals nor details involving these types of cases, and that he would be comfortable if Dr. Gurley,after presenting to the Commission a need to move forward with a subpoena, did this. Mr. Summerlin, agreed. He stated that the only fact the Commissioners really need to know, is whether the`Requests for Information"had been made, how many times and was the Respondent negligent in responding to these requests. 3 Dr. Gurley stated that she and Attorney Johanna Bamett had been meeting to discuss how changes 411/ to the ordinance could be made in an effort to complete timely investigations. Dr. Gurley stated that she too felt uncomfortable making a decision to issue a subpoena "alone", without proper authorization from the Commission and legal advice from the legal department in each case. This item will be placed on the Commission's next monthly agenda. ELECTION OF VICE CHAIRPERSON Commissioner Leonides G. Bazar was elected as the Human Relations Commission's Vice Chairperson. NEW BUSINESS Rev. Davila asked that Commissioners come to the September 7, 1996 meeting with ideas to brain- storm for new programs in which the Commission can become involved. ADMINISTRATOR'S REPORT Dr. Gurley discussed the number of inquiries for the month of July, as they relate to employment discrimination and housing/public accommodation. She stated that due to the lack of affordable housing and a housing shortage in general, she has seen an increase in housing complaints and believes that this trend will continue. The meeting adjourned at approximately 6:45 p.m. Rev. Willie Davila, Chairperson Date Minutes Approved 611 4