Loading...
HomeMy WebLinkAbout1992 05-13 HRRMMINUTES OF THE PROCEEDINGS OF THE HUMAN RIGHTS AND RESOURCES COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 13, 1992 CITY HALL CALL TO ORDER The Brooklyn Center human rights and resources commission met in regular session and was called to order by Vice-Chairperson Eckman at 7:07 p.m. ROLL CALL Vice-Chairperson Eckman, Commissioners Carmody, Eoloff, Achtelik and Larsen. Also present were Recording Secretary Geralyn Barone and guests Tim Krieger, Minnesota League of Human Rights Commissions (MLHRC) President, Bob Techam, MLHRC Vice-President, and Catherine Stiney, Minnesota Department of Human Rights. Commissioner Windsor was excused from this evening's meeting, and Chairperson Stoderl arrived at 7:09 p.m. APPROVAL OF MINUTES - APRIL 8, 1992 There was a motion by Commissioner Carmody and seconded by Commissioner Achtelik to approve the minutes of the April 8, 1992, meeting as submitted. The motion passed. The minutes should show that Chairperson Stoderl arrived at this time. UPDATE ON MINNESOTA LEAGUE OF HUMAN RIGHTS COMMISSIONS Commissioner- Eoloff welcomed the members from the MLHRC and Department of Human Rights, noting these people were invited to the meeting this evening to discuss the no-fault grievance process. Mr. Krieger, a member of the City of Robbinsdale's human rights and resources commission (HRC), said his City has dealt with a number of different cases. He said the process deals with protected classes, particularly in the areas of employment, housing, and public accommodations and involve people who feel they have been improperly denied services. Mr. Krieger said if these issues are not dealt with on a local level, there may be more of a conflict. The human rights commission works as a neutral body, and respondents learn about their responsibilities under State law. Chairperson Stoderl asked Mr. Krieger how many human rights cases the Robbinsdale HRC handled in the last year and Mr. Krieger said there were none. Mr. Krieger said the MLHRC is currently conducting a survey on how cities view human rights. He added not 05-13-92 -1- all cities know how to deal with discrimination cases, and if cities do not know about the process there is a big problem educating people. Mr. Krieger said the Robbinsdale HRC has had a float in the Whiz Bang Parade and handed out information to residents. He said a stronger message needs to be sent to the community on what is available. Mr. Krieger said the human rights department has been dealing with heavy work loads and would like to spread the word about NFG. Mr. Techam, representing the Crystal human rights commission, said last year Crystal handled two cases of NFG. He added one case was turned right back to the State because it was against the City. He added approximately two cases a year for the last ten years have been handled by the Crystal HRC. Commissioner Achtelik asked if the cities are not getting cases because people know to call the State or County. Mr. Techam responded most of the cases they receive are referred from the State, and the Crystal HRC has not initiated an effort to drum up business. Commissioner Eoloff asked how many commissioners have Level II NFG training, and Mr. Krieger said not all commissioners are trained at this level. Chairperson Stoderl asked how often training occurs. Mr. Krieger said certification is done once, and the resources are not there for the State to provide more training. He said the State has put together an NFG handbook which gives a good basis to understanding the State law and helps to respond to questions on what the commission is involved. Commissioner Larsen asked if there is uniformity on how to handle cases as provided in the State's resource book. Ms. Stiney said the handbook provides consistent guidelines on how to handle NFG cases. Mr. Krieger noted as volunteers, the commissioners try to stay neutral and mediate by trying to bring parties to an agreement. If the HRC is not able to do this, the case is then referred on to the State. Chairperson Stoderl said Brooklyn Center works with the North Hennepin Mediation Program (NHMP) and Brooklyn Peacemaker Center (BPC), and she asked if a mediation program is available in Robbinsdale. Commissioner Eoloff noted NHMP has State mandated training, and asked if it is similar to the training provided by the Human Rights Department. Ms. Stiney said NHMP probably handles a low number of discrimination complaints, and noted there are seven dispute resolution centers handling mediation. Mr. Krieger suggested there should be a distinction between discrimination and other cases handled by mediation programs. Ms. Stiney noted one of the biggest areas of growth in discrimination is in the area of sexual harassment. Other types of discrimination include disability law, age, and housing discrimination. An emphasis on disability discrimination will be growing with the passage of the Americans With Disabilities Act. She noted the State also handles discrimination cases in employment, public service, and public accommodation. Ms. Stiney 05-13-92 -2- said in 1988, federal amendments were made to the Fair Housing law prohibiting discrimination in housing against disabled people. She reiterated that disability law is one of the growing areas. Ms. Stiney said the Human Rights Department is in the process of approaching local HRCs that already have agreements with the Department to choose some projects to work on over the next few years. She noted Department liaison officers help local HRCs to come up with ideas on what they want to focus, and send these ideas to the State. Agreements are signed with the State, and the Department is in the process of trying to update these agreements. She provided several examples of contents of agreements, including public education outreach, no-fault grievance, discrimination testing and accessibility education. Ms. Stiney proceeded to describe the NFG process as an alternative dispute resolution process. She noted a local HRC could receive complaints that never go through the Department of Human Rights. The Department would ask the charging party and respondent if they prefer to have the case referred to a local HRC. If a local HRC is involved in the NFG process, the Human Rights Department would provide technical assistance and training in NFG. Ms. Stiney said commissioners would want to participate in an introductory session in the human rights law, and advanced training would be provided for one or two people on the local HRC. Commissioner Eoloff asked about concerns the commission had about liability. Ms. Stiney said any activity taken on by the. commission could create a liability; however, commissioners are probably protected because the main party someone would go after would be the City and not the individual commissioners. She_added a commissioner would have to do something grossly egregious and added the city council has approved activities of the commission, so it is likely the City would be held liable. Mr. Krieger pointed out that commissioners are helping people make decisions and reaching their own agreement. He added the process is prettXr precise if followed through as designed in the State's manual. . He added there have never been any problems in Robbinsdale. Ms. Stiney said the local HRCs can rely on assistance from the Human Rights Department in arriving at a decision. She added there is a liaison officer from the State for each HRC. Ms. Stiney said one other activity the Human Rights Department hopes more HRCs will get involved in is in the area of contract compliance. This would involve assuring contracts let by the City meet guidelines for recruiting women and minorities. Chairperson Stoderl said the Brooklyn center human rights and resources commission has looked at domestic abuse, evaluated human service programs funded by the City, transportation, and children's issues. Mr. Krieger said in Robbinsdale, the HRC also does these types of things in addition to other issues on housing, 05-13-92 -3- disability, and reviewing the police handbook for gender-fair language. Mr. Krieger said that education has been important, and noted the local HRC also presents human rights awards. He noted the commission does quarterly role playing on NFG sample cases. He said there are three committees for his HRC, which include educational outreach, role playing, and a treasury to raise money (an example is $5,000.00 raised to send to drought-stricken areas in Africa). Mr. Techam said in Crystal, beyond NFG, the commission is involved in educating the community. A poster contest is held for grade five in the Robbinsdale School District and a human rights day is scheduled with focus on different topics such as seniors and cultural diversity. He added the City pays for this and the commission works with the VFW, Knights of Columbus, and others to get donations. Chairperson Stoderl asked if liability has been a concern, and both Mr. Krieger and Mr. Techam said it has not been. Mr. Krieger added the City has always supported the activities of the commission. Ms. Stiney asked how long the Brooklyn Center human rights and resources commission has been in existence and what types of things it has done. Chairperson Stoderl said the commission was created in the 1970s and has been involved in reviewing and providing input to the creation of projects such as domestic abuse intervention, mediation, Peacemaker Center, needs of single parents, and transportation programs. Ms. Stiney said the single parent issue is an area of discrimination in housing with regard to familial status, usually against a female single parent. Ms. Stiney noted she recently participated in a landlord-tenant forum. She asked in what areas the City is seeing discrimination, and Commissioner Achtelik said cultural diversity is a concern. Commissioner Eoloff noted growth from Minneapolis has created new population areas in Brooklyn Center. Commissioner Achtelik noted children's issues are also a concern. Chairperson Stoderl said there are changing demographics in the City, and there has been some unfair press regarding the changes in the City. Mr. Krieger noted with the number of businesses in Brooklyn Center, he would guess there would be a number of employment discrimination cases. Chairperson Stoderl noted if the City pursues becoming involved in the NFG process, she understands the training involves one day and no expense to the City. Ms. Stiney said the only expenses would be related to transportation, and training would need to be completed in advance of proceeding with the NFG process. Commissioner Eoloff asked if a work-share agreement is needed, and Ms. Stiney said one is necessary if the City wants cases referred from the State. Chairperson Stoderl asked what a work-share agreement involves. Ms. Stiney said a local HRC would promise to do a special project or become involved in the NFG process, and in return the State would promise to provide technical assistance. is 05-13-92 -4- Mr. Krieger said it is a good way to understand the relationship between the HRC and the State. Commissioner Larsen asked what the level of involvement of commission members is, and Mr. Krieger said there are always two people involved in the NFG process. He added everyone has had introductory training. Mr. Techam noted all HRC members in Crystal have received Level I training, and two people have had Level II (more advanced) training. Ms. Stiney said the Human Rights Department will determine how much and what levels of training is necessary. Chairperson Stoderl suggested it would be necessary to include the costs of the NFG process when presenting any proposal to the city council. The Recording Secretary noted increased staff time in this area should be accounted for. Commissioner Achtelik asked if a call comes in to the City regarding a human rights claim, does the City refer it first to the State and then the State refers it back to the City? Ms. Stiney said it depends on how close to the statute of limitations the case is, and the training level and availability of the local HRC. Mr. Krieger said there is a follow through list to go through with procedures to determine what the local HRC should do. He added you could save people a lot of grief and a lot of money if a case is responded to at a local level. Commissioner Eoloff noted the city council has approved the City's membership in the MLHRC. She asked for an explanation of what the MLHRC does. Mr. Krieger said there are thirty-eight (38) cities as members, and there is no paid staff. He added this organization has become a way of bringing human rights information to cities, such as at the annual conference where different subjects are focused on each year. There are monthly meetings and a newsletter which will soon be reactivated. There is low level lobbying and support provided to commissions. Commissioner Eoloff asked if most MLHRC members are involved in the NFG process. Mr. Techam said thirty-three (33) of the thirty- eight (38) members are. Mr. Krieger pointed out two of the cities not involved in the NFG process are Minneapolis and St. Paul because they have their own human rights ordinances. Chairperson Stoderl asked if it would be possible to get an example of a work- share agreement so the City's attorney can review it. Ms. Stiney said she would send this information on to the City. Commissioner Achtelik asked if it is necessary to have an agreement in place in order to attend the training, and Ms.. Stiney said it is preferable, although the State could accommodate a few people. Chairperson Stoderl said she would like to find out more information on staff costs and the amount of volunteer time committed to the NFG process. Mr. Krieger said it is hard to put a time limit on how long every case takes because each is different and it is done during after work hours. Mr. Techam noted the next meeting of the MLHRC is this Saturday at the 05-13-92 -5- Crystal Community Center. Ms. Stiney, Mr. Krieger and Mr. Techam left the meeting at this time. The commissioners proceeded to discuss the NFG process and issues involving staff time, the role of North Hennepin Mediation Project and liability. Commissioner Larsen said the human rights and resources commission might be used to refer cases to NHMP, because she is concerned about the turnover on the commission. Chairperson Stoderl said NFG is well worth looking into, but she would like to see a sample of the work-share agreement. She suggested more information should be obtained from NHMP to find out how they handle discrimination cases and what type of training mediators have. Commissioner Eoloff said Level I training presented by the State is regarding an understanding of the human rights law. Commissioner Carmody asked what the caseload for the commission would be, and Commissioner Eoloff noted the Human Rights Department screens cases given to the local HRCs. There was discussion regarding the relationship between the Minnesota Human Rights Department, MLHRC, and mediation programs. Chairperson Stoderl said with a culturally diverse community, this issue cannot be ignored. Commissioner Achtelik said she will contact NHMP and ask questions regarding NHMP's relationship to human rights issues. The Recording Secretary will have the City attorney review the work- share agreement once it is received from the State. The costs of staff time and commissioners' time will be investigated by checking with other cities and their commission liaisons. Commissioner Eoloff said she will attend Saturday's MLHRC meeting and report back at the next meeting. Chairperson Stoderl said she would like to keep the city council apprised of what the commission is doing with regard to NFG. RECESS The human rights and resources commission recessed at 8:45 p.m. and reconvened at 8:50 p.m. TRANSPORTATION Chairperson Stoderl said this item will be tabled to the next meeting in an attempt to have Mayor Paulson attend and discuss this issue. STRATEGY FOR INVOLVEMENT WITH CHILDREN'S ISSUES Chairperson Stoderl suggested subgroups of the commission could be formed to discuss what each member would like to see the commission work on and how to proceed with children's issues. Achtelik said she is still not sure what the commission's focus should be, and she is still trying to get more information on children's rights. Commissioner Carmody noted this could be a very time-consuming task or rather limited, depending 05-13-92 -6- upon how the commission defines its task. Chairperson Stoderl suggested some commissioners could collect information and give the rest of the commission a sense of direction. Commissioner Achtelik noted she has a problem attending Success By Six meetings because they are held during the day. Commissioner Eoloff noted Councilmember Phil Cohen had asked the commission to get a grasp of what direction in which to go, and there could be a long process to educate the commission itself. Commissioners Achtelik, Carmody, and Eckman said they will work together to gather some information and discuss options for the commission. CULTURAL DIVERSITY Commissioner Eoloff cautioned that the commission may not want to jump in to this issue immediately, but may want to become educated on it first. There was some discussion regarding the school district's involvement in cultural diversity. Chairperson Stoderl said she sees this commission as an information processing center, and suggested the commission prepare an information resource booklet on how we might deal with certain problems. This item was moved to the next agenda. OTHER BUSINESS The Recording Secretary reported the city council approved the City's membership in the Minnesota League of Human Rights Commissions. It has also approved scheduling a joint meeting of the city council and the advisory commissions. ADJOURNMENT There was a motion by Commissioner Larsen and seconded by Commissioner Carmody to adjourn the meeting. The motion passed. The Brooklyn Center human rights and resources commission adjourned at 9:25 p.m. Chairperson 05-13-92 -7-