HomeMy WebLinkAbout1983 11-10 HRRMMINUTES OF THE PROCEEDINGS OF THE HUMAN RIGHTS COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN
AND THE STATE OF MINNESOTA
REGULAR.SESSION
NOVEMBER 10, 1983
CITY HALL
CALL TO ORDER
The Brooklyn Center Human Rights Commission met in regular session and was called
to order by Chairperson Kuhar at 7:40 p.m.
ROLL CALL
Chairperson Kuhar, Commissioners Lemke, Trautwein, Mayleben and Rabine. Also
present were Administrative Assistant Tom Bublitz and State Senator Ember Reichgott.
Chairperson Kuhar noted that Commissioners Yencho and Paulos were absent from this
evenings meeting and were unexcused. She also noted that Councilmember Lhotka
would be out of town this evening and would not be in attendance.
PRESENTATION BY SENATOR REICHGOTT REGARDING DOMESTIC ABUSE
Chairperson Kuhar introduced State Senator Ember Reichgott, a former member of the
Human Rights Commission, and noted that she was here this evening to discuss the
current status of domestic assault legislation.
Senator Reichgott proceeded to review various statistics regarding domestic abuse
and pionted out that according to Department of Corrections statistics, in our life
time 69% of all women will be assaulted. Other statistics cited included the fact
that there are an average of 3.4,800 incidents of battering per year, 79% of which
involve caucasians, 11% american indians and 7% blacks.
With regard to shelters Senator Reichgott noted that 53% of persons applying for
shelter have never worked outside the home and 42% have no job skills. She
pointed out that there are 17 shelters in•the state and that they receive more _,4
requests than they can handle. Only 15% of the requests in the metro area can be
accomodated. The age range of persons assaulted is from 13 to 96 with an average
age of 29. 20% of the individuals assaulted require medical attention and 12% of
all cases of assault reported by hospitals involved broken bones. Senator Reichgott
pointed out that the state has put 4.5 million dollars into shelters since 1977
and that the first time funds were appropriated in 1977 $160,000 was appropriated
for shelters.
Senator Reichgott continued her presentation by discussing the recent laws related
to domestic assault and pointed out that in 1978 the probable cause arrest law was
passed. Under this law an officer could make a misdemeanor arrest without a
witness or warrant if there was probable cause that an assault had occurred in the
previous four hours. In 1979 the Order For Protection Act was passed.' This law
provided that the court could issue an order excluding the abuser from the home
without requiring a filing for divorce. Senator Reichgott pointed out that no
attorney is needed for this action and a complaint is filed and a hearing held within
14 days. This law provides that the abuser can be restrained from the home and
temporary custody and support can be set up for the children for a period of one
year. Senator Reichgott noted that in 1983 she proposed legislation which would
extend the coverage of the act to include former spouses not currently living
together, persons formerly residing together, and persons who had been married.
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Senator Reichgott then addressed the mandtory arrest provision and pointed out
mandatory arrest is required only after a 'court order has been issued. If the
Police Officer had probable cause to believe that the court order had been
violated an arrest must be made. Under a bill proposed in 1983 by Seantor
Reichgott the mandatory arrest would have been required if probable cause existed
that an assault occurred. Under Senator Reichgott's bill there would not have to
be a violation of a court order. Senator Reichgott noted that her bill did not
pass. She then reviewed the arguments presented in opposition to her bill. She
noted that Police Officers felt it was important to be able to maintain their
discretion with regard to assaults. She explained they felt they may be subject
to more physical harm and greater prosecution under Senator Reichgott's proposal.
With regard to current statistics on arrests Senator Reichgott pointed out that
arrests related to domestic abuse are sporadic and that many arrests are on the
basis of class and race. She pointed out that the mandatory arrest provision in
her opinion has taken the burden off the officer and the victim with regard to
whether or not an individual should be arrested. Senator Reichgott also noted
that with intervention programs in existence, and with mandatory arrests, prose-
cutions have increased in the area of domestic assaults.. Senator Reichgott also
pointed out that under the mandatory arrest provision the danger to the Police
Officer has perceived to have decreased. In conclusion Senator Reichgott noted
that in her opinion the key to prevention of domestic assault is intervention
programs. She noted that she would be happy to discuss further the issue of
domestic assault with the Commission and invited Commission members to contact
her if they have any other concerns or questions. She noted that she can be
reached at various phone numbers, home phone 521-8239, state capitol office 296-2889,
and law office 835-3800.
The Commission continued its discussion with regard to domestic assault and also
discussed the issue of child abuse.
Commissioner Rabine noted that Northwestern Bell may have funds available for the
printing of the brochure. Commissioner Trautwein noted that the Commission should
approach the City Council for the funds and present the Northwestern Bell option in
addition. There was a general concensus of Commission members present to pursue
funding of the brochure with Northwestern Bell.
The Commission continued its discussion of domestic assault and child abuse and a
motion was made by Commissioner Lemke and seconded by Commissioner Trautwein to
address the issue of child abuse after the Commission's work is completed in the
area of domestic abuse and domestic assault. The motion passed unanimously.
CHEMICAL PEOPLE WEEK
Chairperson Kuhar noted that she had requested Commissioner Mayleben to attend the
Chemical People Week program and asked Commissioner Mayleben to review his experience
with the program. Commissioner Mayleben reviewed his participation in the Chemical
People program and noted that he reviewed, with the Chemical People task force, the
Human Rights Commission's past project related to chemical abuse and dependency
including the chemical abuse resource directory and the weekend seminar on chemical
abuse.
Commissioner Rabine stated that she was under the impression that the Human Rights
Commission was going to update the chemical abuse resource directory. Administrative
Assistant Bublitz reviewed the motion of the Human Rights Commission at the October
meeting and noted that the motion was to assist the task force as a resource but
that the motion did not include an updating of the directory.
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OTHER BUSINESS
Chairperson Kuhar noted that the Commission's concensus was to request the Council
to approve funding for the brochure. She stressed the importance of the brochure
and also the Commission's authorization to pursue the Northwestern Bell grant if
that is possible and to have the Council fund the printing if Northwestern Bell
cannot provide funding.
ADJOURNMENT
There was a motion by Commissioner Mayleben and seconded by Commissioner Trautwein
to adjourn the meeting. The motion passed unanimously. The Brooklyn Center Human
Rights Commission adjourned at 9:35 p.m.
Chairperson
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