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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. 11-10-83 -1- 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. 11-10-83 -2- 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 • • 11-10-83 -3-