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HomeMy WebLinkAbout1979 07-18 HRRMMINUTES OF THE PROCEEDINGS OF THE HUMAN RIGHTS C014MISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGDLAR SESSION JULY 18, 1979 CITY HALL CALL TO ORDER The Brooklyn Center Human Rights Commission met in regular session and was called to order by Chairman Weyrauch at 7:40 p.m. ROLL CALL Chairman Weyrauch, Commissioners Miller, Tolve, Kuhar, Johnson, Reichgott and Lemke. Also present was Administrative Assistant Mary Harty, Councilmember Gene Lhotka, City Manager Gerald Splinter and Mayor Nyquist. Linda Gilbertson from the State Department of Human Rights was present to address the Commission concerning the No Fault Grievance Process. Chairman Weyrauch noted Commissioner Campion was not present and had not been excused. Chairman Weyrauch opened the meeting and introduced City Manager Gerald Splift'ler to the Commission members. He also introduced Linda Gilbertson of the State Department of Human Rights to Commissioners. Linda Gilbertson addressed the Commission and explained in detail the No Fa Grievance Process. She explained if a human rights problem arose in the community and the Commission was participating in the No Fault Grievance Prt° , those people in the community with the human rights problem could voluntary'; bring the problem to the Cozimission. The Cormission would act as an object *,.'C- third party and heap both sides of the issue. The Commission would attempt t-~ facilitate resolution. of the problem. Throughout the entire process, the parti- cipation of the charging party and the charged party is voluntary. If the problem cannot be worked out at this level, the parties always have the opti.(;n of bringing the problem to the State Human Rights Department. She stated the Commission can serve to educate both parties in a problem. She stated it was her belief discrimination could never be entirely eliminated but it can be reduced. She stated the Commission can serve a real purpose in educating people and then everyone in the community would benefit. She explained the State Human Rights Department is in the process of setting up training seminars to train Human Rights Commissioners in order to facilitate the No Fault Grievance Process. She stated local Human Rights Commissions can be an integral part of the human rights activity in Minnesota and can provide leadership within their communities to bring about changes that will help make equal opportunity a reality. She stated it was the intent of Commissioner McClure of the Department of Human Rights not to alter the way in which Commissions intend to operate but rather to help them develop cooperative worl..ing arrangements that are compatible with local Commissions purpose, organization and present ways of operating. She explained that was the reason the change had been made from the Memorandum of Agreement to the No Fault Grievance Process. She stated no further activity was being taken on the Memorandum of Agreement. Linda Gilbertson explained it was the belief of the State Department of. Human Rights that a local Commission's familiarity with and influence in its community will be key factors in determining the success of the process. The Co:aimission may be able to act as a liaison between a grievant and a potential respondent. 7-18-79 -1- Following the explanation of the No Fault Grievance Process, Linda Gilbertson opened the address for questions from the Commission. Commissioner Tolve questioned whether these changes were being made because there was such a backlog of cases with the State Department of Human Rights. Linda Gilbertson explained it was believed this was a,superi.or process for dealing with grievances and it is hoped it will eliminate some of the backlog. She stated a time lag of one or two years or more creates hostility in both the grievant and the respondent and it would be more helpful to solve the problem immediately or soon thereafter. City Manager Gerald Splinter questioned as to whether grievances would be handled by individual Commission members or by the Commission as a whole. Linda Gilbertson explained various Commissions in the metropolitan area have chosen to operate both ways. She stated it was the option of the Commission as to how they wished to organize. She stated certain Commissions divide into groups of two or three and others act as a whole. She stated at times, some Commissions use Commissioners individually to hear grievances. As a point of clarification, Chairman Weyrauch stated it was his understanding, based on the information provided by Ms. Gilbertson, that the Commission would set up a type of open forum for the airing of the grievance. The Commission would have no policing action and no legal powers. Linda Gilbertson stated that was correct. Chairman Weyrauch questioned what sort of training would be afforded to Commis- sioners. Linda Gilbertson explained a variety of types of training sessions are being established. Some of the training sessions would be for large groups and some would be for two or three Commissions combined. She stated some of the training sessions would be held during the day and some would be held in the evening to accommodate Commissioners. She stated the training would last approx- imately two to four hours and would consist of information given to the Commis- sioners as well as role playing. She stated staff at the State Department would also always be available to provide guidance and act as resources for local Commissions. She explained there was presently a manual for dealing with grievances but the manual would be revised to simplify it and make it more usable. There were questions from the Commission as to how the Commission might deal with issues that were very sensitive in the community for one reason or another. The Commission questioned how they would deal with issues which they did not feel they should become involved in for certain reasons. Linda Gilbertson explained the Commission had the option always of choosing to handle or not to handle a certain problem. The Commission questioned Linda Gilbertson as to how the provisions of the Open Meeting Law would affect the No Fault Grievance Process. Linda Gilbertson stated they were investigating that presently. She stated at this point legal advice states that there is no problem with the Open Meeting Law but she would be prepared to answer that more definitively after doing additional research. City Manager Gerald Splinter stated it was important that it was clearly under- stood what the No Fault Grievance Process entailed for the Commission because oftentimes what starts out as one thing can become another. He suggested it would be advisable to have a document which would state what was expected of the Commission. The City Manager also questioned whether or not the State Human Rights Department had a count of how many incidents had been brought to the State Human Rights Com- mission from residents of Brooklyn Center. 7-18-79 -2- Linda Gilbertson explained the Department has access to computer print-outs with that information and she could get that information for the Commission. She stated she would provide the Commission with that information. 10 The Commission questioned the representative as to data privacy laws as they relate to records of No Fault Grievance proceedings. Linda Gilbertson explained she would check with legal counsel and provide that information to the Commission. The Commission also asked the representative for a clarification of the jurisdic- tional question as it relates to handling of discrimination cases. Linda Gilbertson responded the State Human Rights Department has a 706 agreement with E.E.O.C. She stated if the State handles a particular case, E.E.O.C. does not handle it. A brief discussion continued as to the jurisdictional question and the City Manager asked Linda Gilbertson to investigate the jurisdictional question and provide additional information to the Commission concerning jurisdiction. In response to other questions from the Commission, Linda Gilbertson stated the job of the Commission participating in the No Fault Grievance Process would be twofold: 1) to solve the grievance if possible and 2) to educate. Commissioner Reichgott stated as a lawyer, she saw certain problems with the No Fault Grievance Process. She further stated as a Commissioner she believed the idea was good and could serve a valuable purpose. She stated she believed it was important for the Commission to determine whether the Brooklyn Center Human Rights Commission is large enough and active enough to deal with both human service kinds of activities as well as participate in the No Fault Grievance Process. Commissioner Kuhar concurred with Commissioner Reichgott's comments that legally she saw potential problems with the process but was willing to investigate it further. It was the consensus of the Human Rights Commission that they wished Linda Gilbertson to provide the Commission with information in the following areas: 1) Data privacy laws as they relate directly to the No Fault Grievance proceed- ings. 2) Liability of the individual Commissioners and/or the City for actions taken or not taken as part of the No Fault Grievance Process. 3) Open Meeting Law requirements as they relate to No Fault Grievance proceedings. 4) A clarifi- cation of the jurisdictional question. Linda Gilbertson stated she would be happy to respond to the Commission with that information. She was also asked to supply the Commission with some information as to load which might be expected based on past cases brought before the Human Rights Commission from Brooklyn Center residents. Chairman Weyrauch thanked Linda Gilbertson for attending the Brooklyn Center Human Rights Commission meeting and addressing the Commission on the No Fault Grievance Process. He stated the Commission would wait until it had received the additional information requested before acting. APPROVAL OF MINUTES - 6-20-79 There was a motion by Commissioner Reichgott and seconded by Commissioner Kuhar to approve the minutes of the June 20, 1979 Human Rights Commission meeting. The motion passed unanimously. Chairman Weyrauch thanked the City Manager and the Mayor for attending the meeting and showing interest and support to the Human Rights Commission. Chairman Weyrauch further stated other Council members had been invited but were unable to attend due to vacations or other commitments which had been planned prior to the invitation to the Human Rights Commission meeting. 7-18-79 -3- In discussion of the No Fault Grievance Process, Chairman Weyrauch stated he believed the process has possibilities, but lie wanted many points clarified before the Commission took action on it. Commissioner Kuhar stated it would be helpful to have an opinion from the City Attorney concerning the No Fault Grievance Process after the City has received the response from.Linda Gilbertson concerning the questions raised by the Com- mission. She stated she too had certain reservations about the process as outlined thus far. Councilmember Lhotka concurred that he too had reservations but he did not want to close the door on the possibility of the process. The City Manager stated he too. felt the process had possibilities but many points needed clarification. lie stated he supported the Human Rights Commission and felt they have done an excellent job in diffusing certain potential problems and in helping to solve other problems within the community. He stated the Commission had tremendous ability to assist the City Council in human rights issues. He stated he believed it was important that a forum such as the Human Rights Commission exists for use by the community. Commissioner Johnson stated she believed it was important to learn exactly what the parameters of the No Fault Grievance Process were. She stated she wanted a clarification of who could bring problems to the Commission under the No Fault Grievance Process, whether people were included because they worked in Brooklyn Center or because they lived in Brooklyn Center. It was the consensus of the Commission that they would continue to discuss the No Fault Grievance Process at a future meeting when additional information on the process was made available. REVIEW OF LETTERS SENT TO CHAMBER AND SCHOOL DISTRICTS It was noted a letter had been prepared by Commissioners Tolve and Reichgott to be sent to Lonni McCauley of the Chamber of Commerce. Commissioner Kuhar and Commissioner Miller had not completed the letter to be sent to the school districts. OTHER BUSINESS Commissioner Reichgott explained due to another group with which she serves, she had the opportunity to visit the new Pioneer House grounds which has been proposed as a battered women's shelter. She stated the Commission might wish to discuss and become involved in some way with a project to lend support to the proposal for the shelter as well as support in funding. It was the consensus of the Commission that they would like to discuss this item further. ADJOURNMENT There was a motion by Commissioner Reichgott and seconded by Commissioner Tolve to adjourn the Human Rights Commission meeting. The motion passed unanimously and the meeting was adjourned at 9:30 p.m. Chairman 0 7-18-79 -4-