HomeMy WebLinkAbout1996 07-01 CCP Joint Session with Human Rights and Resources Commission • AGENDA
City Council Meeting with Human Rights and Resources Commission
July 1, 1996
7 p.m.
Conference Room B
1. Meeting with Human Rights and Resources Commission
- discussion of Bias/Hate Crime Response Plan
-other discussion
2. Reconvene for City Council Work Session
•
City of Brooklyn Center
A great place to start. A great place to stay.
To: Mayor Kragness and Council Members Carmody, Hilstrom, Mann, and Nichols
From: Michael J. McCauley
City Manager
Date: June 27, 1996
Re: Bias and Hate Crime Response Plan
Attached please find the following:
1) Bias and Hate Crime Response Plan draft from the Human Rights Commission
2) Memo from Charles L. LeFevere, City Attorney
3) Comments on the draft.
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action /Equal Opportunities Employer
City of Brooklyn Center
Memorandum
To: Michael J. McCauley, City Manager
City of Brooklyn Center Mayor and Councilmembers
FROM: Brooklyn Center Human Rights & Resources Commission
DATE: May 30, 1996
SUBJECT: City of Brooklyn Center Bias /Hate Crime Response Plan
Recently the League of Minnesota Human Rights Commission sent information to police chiefs
throughout the State of Minnesota offering information and training in understanding,
reporting, and countering hate and bias crimes. Our community has been fortunate to date
because we have experienced very few reported hate crimes. However, it would be naive to
think that the status quo will exist permanently. Maintaining a state of readiness is crucial to
effectively respond to such incidents. We believe the Chief of Police and the Brooklyn Center
Police Department have the skills and commitment to effectively investigate and solve such
crimes. Equally important, however, is the establishment and maintenance of a system to
respond to the needs of the victim(s) of such crimes.
To compliment the efforts of the Brooklyn Center e
y Police Department and to develop a state of
readiness to support hate crime victims, we propose the attached Bias /Hate Crime Response
Plan for the City of Brooklyn Center. We seek approval of the City Council. We have
reviewed this matter with our Chief of Police. This plan shows that the Brooklyn Center
Human Rights and Resources Commission will develop a listing of community resources
throughout our schools, churches, businesses, and human services, agencies to help in
response if a bias /hate crime occurs within our community.
The Brooklyn Center Human Rights and Resources Commission recommends that the City
Council approve this plan at the June 10, 1996, City Council meeting.
If you have any questions prior to the Council meeting. feel free to contact Wayde Lerbs Chair
of the Human Rights and Resources Commission.
6/96
City of Brooklyn Center
BIAS /HATE CUME RESPONSE PLAN
Purpose
To establish a local response to bias /hate crimes and to join with the League of tilinnesoca
Human Rights Commission (L.vMC) in establishing a state -wide response mechanism to
counter hate and bias crimes. The Brooklyn Center Human Rights and Resources Commission
will not investigate such crimes, but will provide or coordinate support to victims of such
crimes.
The Commission seeks:
• City Council approval of the Plan.
• Support from City Manager on bias response.
• A commitment from the Brooklyn Center Police Department that the Commission will
be notified as soon as possible after a confirmed bias /hate crime complaint. Contact is
to be made through the Commission's staff liaison.
• The establishment of a community network, that can be activated to promptly support
victims of bias /hate crimes.
• To raise awareness of this issue within the community.
In response to a bias /hate crime, the Commission will do the following:
1) Immediate Response.
'upon receiving notice of an incident an assigned Commission member or appointed
representative will call the victim(s) and try to set up an interview face to face. Be
prepared to conduct the interview over the phone at this time if victim is reluctant to
meet. Initiate network response.
2) Initiate Network Response.
• Contact the City Manager to inform him/her of the incident and response.
• Contact the Stace Project Coordinator of the LyMC, to seek support and insure
that the Minnesota Department of Human uman RiQ g hts is notified..
• Identify if the affected area is participating in a neighborhood watch program.
Crime watch coordinator would contact the neighborhood watch block captain. The
Goal would be to have one of the victim's neighbors attend the interview, thus
adding a familiar face to the process.
• A selected Commission member or appointed representative, along with other
appropriate network representatives. will conduct an interview when requested.
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I
• The Commission and network representatives will send letters to the media, conduct
interviews with local cable channel, and plan/conduct community-wide response
when appropriate, after consultation with the victim(s).
• Initiate follow -up contact. Follow -up contact should be made within one week, in
person or by phone. Check on any recurrences, other problems, and offer continued
support.
• Subsequent follow -up within one month (if appropriate).
• The Commission and network representatives involved shall meet as necessary,
review the process of response and take action or make changes.
3) Review Response.
• The Commission shall review the overall process.
• The Commission shall send letters of appreciation to the network representatives
involved.
• The Commission shall share the response with the City Nfanager and Police Chief
and provide a summary report.
INTERVIEW QUESTIONS
These questions are meant to be a wide. The interview panel may wish to add or change
these questions.
• What happened?
• Was this the first incident or have there been others?
• Were children involved?
• Were you satisfied with the police response?
• Is there anything we can do to help you?
• What can we do together to prevent future recurrences?
• Is there anyone that you would like to contact you, or that we could contact for vou?
• inform the victim(s) that the Commission will contact the L.NIHRC and the City
Manager to report the incident.
The Commission member should exchange phone numbers, again offer any assistance, and
explain future follow -up contacts.
Inform the person that there is help available through Hennepin County. This help may cover
physical damage or counseling. Contact victim- witness representative of Hennepin County.
City of Brooklyn Center
BIASiHATE CRIME RESPONSE PLAN
NETWORK PARTNERS 6/96
Organization Contact Telephone
City of City Manager 569 -3300
Brooklyn Center Michael J. McCauley 569 -3300 (TDD)
League of Minnesota Mort Ryweck 374 -5580
Human Rights Commission
Brooklyn, Center Police Chief Scott Kline 569 -3300
Department
Family and Children Service Mary Magnuson 560 =1412
Northwest Branch Director
Osseo School District 279 Sharon Mortrud 391 -7005
Brooklyn Center Dist. 286
Anoka- Hennepin School Carla Swensen 422 -5500
District l I Director of Personnel
Robbinsdale School District Gwen Martinson 533 -3133
281 Director of Special Services
Brooklyn Center Staff and Nancv Gohman, Staff 569 -3300
Mayor Liaison
Myrna Kragness, Mayor 561 -7442
North Hennepin Chamber of Marilyn Slifka 424- 6744
Commerce
NIN. Dept. of Human 296 -5663
Rights
First Call for Help tinted Way 1 335 -5000
B C Ministerial Association
Northwest Hennepin Human Patricia Wilder 493 -2802
Services Council
North Hennepin Community John Dawson 424 -0939
College
Pastoral Care Team Rev. Greg Bodin 520 -5627
North Memorial Hospital on -call 24 -hour service
Gay & Lesbian Action Action Council 822 -0127
'
Heir) Line X21_
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CITY OF BROOKLYN CENTER HUMAN RIGHTS & RESOURCES COMMISSION
PROCEDURES FOR HANDLING COMPLAINTS
1. INITIATION OF COMPLAINTS
a. Complaints may be filed at any HRRC meeting, by contacting the City Manager's
Office, or by contacting any member of the HRRC. Whenever a complaint is
received, the Chair of the Commission should be contacted as soon as possible.
b. All complaints will be handled b the Commission in a confidential onfidential manner, unless
written permission to release information is obtained from the complainant.
2. PROCESSING OF COMPLAINT
a. The Chair of the Commission shall name one commissioner to monitor each
complaint, assign a case number, and complete the top section of the HRRC
Referral Form.
b. The monitor shall ensure that the complainant has a copy of the HRRC Complaint
Form and may offer
y to assist the complainant in completing the fo
P form ,'if appropriate.
P � � PP riate. P
c. The monitor should describe the role of the Commission in the complaint process as
well as the roles of the North Hennepin Mediation Program and the Minnesota
Department of Human Rights.
d. The monitor shall rese
p nt the complaint to the Commission at its next meeting for
determination of the appropriate response.
3. DETERMINATION PROCESS
a. The Commission shall make a determination regarding the appropriate dis osition of
.. P
the complaint based on the following factors:
1. Did the alleged action occur within the City limits of Brooklyn Center?
2. Did the alleged action take place within the past 365 days?
3. Does the complaint involve an alleged violation of the Minnesota Human Ri
Act? Is the complainant a member of a protected class? v
b. Complaints shall be referred by the Commission as follows:
1. To another Human Rights Commission or appropriate agency if the alleged act
did not occur in Brooklyn Center.
2. To the North Hennepin Mediation Program or other e
P r mediation service if
.. th e
alleged act does not seem to be a violation of the Minnesota Human Rights Act.
3. To the Minnesota Department of Human Rights if the incident is an alleged
violation of the Minnesota Human Rights Act and has occurred within the last
365 days.
4. To the City of Brooklyn Center Human Rights & Resources Commission if the
respondent named
p to the case is a City Official, City staff member, or a City
Department.
4. RECORDING AND FOLLOW -UP OF COMPLAINTS
a. Monitor should follow -up within a month to ensure that the referral was completed.
b. 'Monitor should follow -up within a reasonable time to see if was resolved.
c. The HRRC shall maintain a File of all complaints received and related information.
d. A statistical summary of all complaints received should be included in the HRRC
Annual Report, including category of complaint, where referred and whether
resolved.
CITY OF BROOKLYN CENTER HUMAIN RIGHTS & RESOURCES COMMISSION
PROCEDURES FOR MAKING REFERRALS TO OTHER AGENCIES
1. REFERRALS TO THE MN DEPARTMENT OF HUMAN RIGHTS ('IDHR)
a. Be aware that the complaint must be filed within 365 days of the occurrence of the
incident. No extensions can be made.
b. To contact the MDHR call (612) 296 -5663 and ask for the intake staff.
C. Describe the complaint and the MDHR will send a questionnaire to the complainant.
d. The monitor may serve as advocate to help complainant in the process.
e. 'MDHR staff will draft the charge if it is warrented. In order to process a complaint
the complainant must sign and notarize the charge within the 365 day limit.
f. The Commission monitor may call the MDHR to find out the status of the case and,
ultimately, the resolution.
2. REFERRALS TO THE NORTH HENNEPIN MEDIATION PROGRAM 1 ti
1 IP
a. There are no time limits for filing a complaint with the NHMP.
b. IN T ILMP primarily serves residents for Northwest Hennepin County.
C. No fees are charged for mediation services, except in post divorce mediation.
d. Call NHMP at 561 -0033 and ask for case development staff. They will need the
basic information about the complainant and a brief description of the dispute.
3. REFERRALS TO THE CITY OF BROOKLYN CENTER
a. Call the City Manager's Office at (612) 569 -3300.
b. The City Manager will direct appropriate resources to the investigation.
c. The Commission shall be informed of the status and the final disposition of any
complaint under provisions of all applicable state laws.
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Iu a igl is & W §ogees UOMMIssl.on
�on� I�in� arm
Your Name
Address
Home Telephone
Work Telephone (optional)
Charged Parry's Name
Address
Telephone Number
Nature of the Complaint (Please be as complete as possible. Include date(s), cime(s), location(s) and any witness(es).
i
Complaints alleging a violation of the Minnesota Human Ruts act must be filed with the
Minnesota De
partme..t or Human Rt,nts within 336- days of the allesed incident.
s
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CITY OF BROOKLYN CENTER HUMAN RIGHTS & RESOURCES COMMISSION
COt'rIPLAINT REFERRAL FORIM
Date of Complaint: HRRC Case Number:
Commission I'vIonitor Phone:
HUMAN RIGHTS & RESOURCES COMMISSION DETERMINATION AND REFERRAL
Date of Commission Determination:
Commission Determination:
Date of Referral: Referred to:
Contact Person: Phone:
Follow up, if any:
P-
RESOLUTION
Resolution:
Date of Resolution:
Comments:
(Please attach copy of original complaint form.)
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;KENNEDY & GRAVE
CHARTMO
At *nMs at Law JAMES J. T3 OMMON
470 PMsbary Center, Miaampoiis, Nra sole S54M LARRY M- Wanum
1 E A. A3SOP (612) 337 -9300 BON ma L WUXM
M Be1TE MON JOB Y. YAM
ALD H. BATTY Fatsimat (6M 337 -9310
STt79EN I BUBUL --
J OAN B. DUN DAVID L- GRAVE4 OV2%1" o
DA'.gM J- G REENSVIM
DAB J. KRNNLDY � IJIrg1
CO
CmAn s L. LY.F�RE ROBO C. COUNS
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JOHN M. LsFr4M nr WRnIZR'S DIRF,CT DIAL
RO J. UNUA (4W 337-M Room L DAvIDSON
ROBERT C. LONG WELL[NGTON H. LAW
JAMS M. STRObOW4 FLOYD B. OISON
CO RRZNS H. THOMSON C UZS A. PCARSiON
T. JAY SALbtEN
June 28, 1996
Mike McCauley
City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE:
Hainan Rights and Resources Commission; Procedures for Handlin g Com laius
P
Dear Mike:
At the last City Council
ty meeting, Z was asked to provide written comments on the CTT'Y OF
BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION PROCEDURES
FOR HANDLING COMPLAINTS and the BIAS/HATE CRIMES RESPONSE PLAN
L PROCEDDURES FOR HANDLING COMPLAINTS
It seems to me that the first question is whether it is advisable for the Commission to become
involved with "complaints" at all If the City's only concern were risk management (Le.,
avoiding
e t liability), o liab it � pos ty), w ould be preferable for the Coznnussion not to become involved
in complaints and focus its efforts on other activities such as education and the promotion of
appreciation of diversity.
Involvement with complaints about alleged human rights violations raises a host of legal issues
with which the Commission, and the City, must be concerned. The City could be exposed to
claims for violation of the Data Practices Act, the Open Meeting Law, defamation, negligence
and even aiding and abetting violations of the Human Rights Act, or obstructing the
administration of the Human Rights Act Attempts to avoid liability and assure that activities
of the Commission are in accordance with the mquirements of law could involve a substantial
commitment of staff resources and a continuing involvement of legal counsel. The procedures
for handling complaints seems to involve elements of legal advice and making "determinations"
which may often involve legal questions. Therefore, if the Commission becomes involved with
complaints, it should do so only with great caution.
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Mike McCauley
June 28, 1996
Page 2
The proposed procedures seem to contemplate a "gatekeeping" function. That is, the Commission
would receive complaints and make an "appropriate disposition" by referral to another agency.
It seems to me that this necessarily involves a legal determination of whether the state Human
Rights Act was, or may have been, violated. If the Comrrrission is in error in its determination,
persons may lose legal rights, thereby harming the very people the procedure is intended to help -
and potentially exposing the City to liability.
The procedures begin with the filing with the Commission of a complaint This fact alone may
lead people to believe that their legal rights are preserved in the same way their rights would be
preserved by serving a civil Complaint or filing a charge with the state Human Rights
Commission.
The process continues with a monitor, appointed by the chair, describing the role of the
Commission, the North Hennepin Mediation program, and the Minnesota Department of Human
Rights. This may be taken by a complainant as legal advice, and they may rely on such advice
to their disadvantage if the advice is incorrect or incomplete, or if the complainant
misunderstands advice he or sheiis given by the monitor. At the very least, such advice could
be incomplete if the monitor dogs not have a good legal understanding of the procedures, laws
and regulations of the Minnesota Department of Human Rights, or if no mention is made of other
agencies such as the Equal Employment Opportunities Commission or private attorneys as
potential resources.
The matter then comes to the Commission for a "determination regarding the appropriate
disposition of the complaint." That is, a determination is trade whether the matter should be
referred to: (1) another human rights commission or agency, (2) the North Hennepin Mediation
Program, (3) the Minnesota Department of Human Rights, or (4) the Commission itself. The
factors listed for malting this determination involve three staged legal issues. The fast is whether
the statute of limitations has expired; the second is whether the state Human Rights Act has been
violated; and the third is whether the complainant is a member of a protected class. These can
all involve complex legal issues. For example, the statute of limitations can be tolled by
continuing unlawful conduct there are many gray areas where it is difficult to opine whether the
Human Rights Act has been violated; and even protected class status may be questionable,
particularly in the case of an asserted disability. Even experienced legal counsel can make
mistakes in making such determinations. If the Commission's determination is incorrect, the
complainant may be misdirected and lose legal rights.
Even if the Commission's determination is correct, the referral may not adequately protect the
complainant's legal rights. The referral of the complaint under the policy goes to one of the four
agencies listed above. However, this does not adequately account for all of the possible claims
which a complainant may have. The state Human Rights Act is only one of a numbr of related
laws under which a complainant may have rights. Often a wrong committed against a
complainant will involve violation of laws other than the Human Rights Act such as the Civil
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Mike McCauley
June 28, 1996
Page 3
Rights Act, equal pay laws, the Chinni Rehabilitation Act, the Fair Housing Act, common law
torts or breach of employment contracts. If the ComrrVwioners are not competent to identify and
evaluate all possible claims which a complainant may have, a referral to the Minnesota Human
Rights Department or the mediation program may well be inappropriate.
If a determination is made by the Commission that the Human Rights Act may have been
violated, the monitor "may serve: as an advocate to help the complainant." It may be difficult
to draw the line between providing moral support and giving legal advice.
Finally, there appears to be an inconsistency between paragraph 111b.4 which calls for referral
to the Human Rights Commission itself if a complainant complains about a city official, while
paragraph 3 on page 5 calls for a referral in such cases to the city manager.
H. BIAS/HATE CRIMES RESPONSE
The proposed Bias/Hate Crime Response Plan seems to pose fewer legal problems. However,
it is not completely clear from the proposed plan exactly what activities are intended by the
Commission. Therefore, it may be advisable for the City Council to secure a more derailed
description of the intentions of the Commission.
The purpose of the plan states that the Commission will "provide or coordinate support to
victims ". Coordination, in the sense of putting a victim in contact with professionals who are
trained in dealing with crime victims may be helpful. However, crossing over into the area of
providing such support may be beyond the expertise of Commission members to deal with the
complex legal, emotional, and psychological issues that can arise in dealing with victims of
crime.
The plan notes that the Commission seeks the establishment of a community network to support
crime victims. If this is intended to mean that the Commission will create a list of competent
organizations which provide such support, such information could be very helpful. However, if
what is contemplated is the creation of a group of concerned citizens in the city, such citizens
may not be competent to provides such support, and could create problems for the city. Likewise,
the plan states that Commission attends to attempt to bring non - Commission members of
neighborhood watch programs to attend interviews with the victims. Because this person will
have little, if any, familiarity with the Commission, its role, the Commission's response plan or
the law, it may not be advisable to bring such persons into a stage of the process - interviewing
a victim - which could be very difficult.
The first activity identified in response to notification of a crime is to attempt to interview the
victim I would recommend that the purposes of this interview, and the role of the assigned
interviewer be defined with considerably more detail so that the City Council can determine
whether it is comfortable with a representative of the Commission taking on this responsibility
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Mike McCauley
June 28, 1996
Page 4
in the name of the city. I would recommend that the interview by the interview panel, which
apparently is an interview which is subsequent to the initial interview by the assigned
Commission member, also be better defined
One of the activities contemplated by the plan is that the Commission, and network
representatives (which is not defined) will send letters to the media, conduct interviews with the
local cable channel, and plan and conduct community -wide response. It appears that the idea is
that the Commission would take on a role of representing the city with the media. As a public
relations matter for the city, media communications can be very tricky to deal with, even for
trained professionals. An ill ad -Ailed or inappropriate statement may put the city in a bad light,
create legal problems for the city (e.g. defamation or violation of the Data Practices Act) and
potentially cause the heightening of racial tensions in difficult situations. Commission members
may be selected by the City Council for reasons which are not related to their ability to deal
effectively with the media; and the Council may not be comfortable endorsing the Commission
to serve as the city's authorized media spokesperson.
If the Commission or Commission members intend to take on this activity, it will be necessary
for them to work closely with istaff, and legal counsel, to assure compliance with the Data
Practices A and to assure
ct, that victims are not led to believe that their communications with
the Commission will be protected by a greater degree of confidentiality than the city can actually
provide.
In general, the goals of the policy are to be commended. However, I would recommend that the
council inquire fully into the details of the Commission's intended activities, to assure that the
council is comfortable with the proposed plan.
If you have any further questions about any of these issues, please give me a call.
Very truly yours,
Charles L. LeFevere
CLL.jes
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City of Brooklyn Center
Memorandum
To: Mayor and Council Members
FROM: Wayde Lerbs, Human Rights and Resources Commission Chair
DATE: June 21, 1996
SUBJECT: Human Rights and Resources Commission - Bias/Hate Crime Response Plan
At its June 12, 1996, meeting, the Human Rights and Resources Commission discussed its
Bias/Hate Crime Response. Plan. It was the consensus of the commission that the Bias/Hate
Crime Response Plan be condensed into a three -page document and forwarded to the Council for
the July 1 Work Session (DRAFT A).
A subcommittee of the Human Rights and Resources Commission met on July 19, 1996, to work
on language of the Bias/Hate Crime Response Plan. Mort Ryweck, State Coordinator from
League of Minnesota Human Rights Commission, was present as well as Vice Chair Nesseth
g
Commissioners Braziel, Forrest, and Doucette. The subcommittee made changes to the three-
document and 't i
page i s DRAFT B. (The full commission has not reviewed DRAFT B.)
Also attached are copies of the Brooklyn Park and Roseville bias/hate crime response plans. If
you need more information, please don't hesitate to ask.
Attachments
DRAFT A
' 6/96
• City of Brooklyn Center
BIAS /HATE CRIME RESPONSE PLAN
Purpose
To establish a local response to bias /hate crimes and to join with the League of Minnesota
Human Rights Commission (LMHRC) in establishing a state -wide response mechanism to
counter hate and bias crimes. The Brooklyn Center Human Rights and Resources Commission
will not investigate such crimes, but will provide or coordinate support to victims of such
crimes.
The Commission seeks:
• City Council approval of the Plan.
• Support from City Manager on bias response.
• A commitment from the Brooklyn Center Police Department that the Commission will
be notified as soon as possible after a confirmed bias /hate crime complaint. Contact is
to be made through the Commission's staff liaison.
• The establishment of a community network, that can be activated.to promptly support
victims of bias /hate crimes.
• To raise awareness of this issue within the community.
In response to a bias /hate crime, the Commission will do the following:
1) Immediate Response.
Upon receiving notice of an incident an assigned Commission member or appointed
representative will call the victim(s) and try to set up an interview face to face. Be
prepared to conduct the interview over the phone at this time if victim is reluctant to
meet. Initiate network response.
2 Initiate Network Response.
• Contact the City Manager to inform him/her of the incident and response.
• Contact the State Project Coordinator of the LMHRC, to seek support and insure
that the Minnesota Department of Human Rights is notified.
• Identify if the affected area is participating in a neighborhood watch program.
Crime watch coordinator would contact the neighborhood watch block captain. The
goal would be to have one of the victim's neighbors attend the interview, thus
adding a familiar face to the process.
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. • A selected Commission member or appointed representative, along with other
appropriate network representatives, will conduct an interview when requested.
• The Commission and network representatives will send letters to the media, conduct
interviews with local cable channel, and plan/conduct community -wide response
when appropriate, after consultation with the victim(s).
• Initiate follow -up contact. Follow -up contact should be made within one week, in
person or by phone. Check on any recurrences, other problems, and offer continued
support.
• Subsequent follow -up within one month (if appropriate).
• The Commission and network representatives involved shall meet as necessary,
review the process of response and take action or make changes.
3) Review Response.
• The Commission shall review the overall process.
• The Commission shall send letters of appreciation to the network representatives
involved.
• The Commission shall share the response with the City Manager and Police Chief
and provide a summary report.
INTERVIEW QUESTIONS
These questions are meant to be a guide. The interview panel may wish to add or change
these questions.
• What happened?
• Was this the first incident or have there been others?
• Were children involved?
• Were you satisfied with the police response?
• Is there anything we can do to help you?
• What can we do together to prevent future recurrences?
• Is there anyone that you would like to contact you, or that we could contact for you?
• Inform the victim(s) that the Commission will contact the LMHRC and the City
Manager to report the incident.
The Commission member should exchange phone numbers, again offer any assistance, and
explain future follow -up contacts.
Inform the person that there is help available through Hennepin County. This help may cover
physical damage or counseling. Contact victim - witness representative of Hennepin County.
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City of Brooklyn Center
BIAS /HATE CRIME RESPONSE PLAN
NETWORK PARTNERS 6/96
• Organization Contact Telephone
City of City Manager 569 -3300
Brooklyn Center Michael J. McCauley 569 -3300 (TDD)
League of Minnesota Mort Ryweck 374 -5580
Human Rights Commission
Brooklyn Center Police Chief Scott Kline 569 -3300
Department
Family and Children Service Mary Magnuson 560 -4412
Northwest Branch Director
Osseo School District 279 Sharon Mortrud 391 -7005
Brooklyn Center Dist. 286
Anoka- Hennepin School Carla Swensen 422 -5500
District 11 Director of Personnel
Robbinsdale School District Gwen Martinson 533 -3133
281 Director of Special Services
Brooklyn Center Staff and Nancy Gohman, Staff 569 -3300
Mayor Liaison
Myrna Kragness, Mayor 561 -7442
North Hennepin Chamber of Marilyn Slifka 424 -6744
Commerce
MN. Dept. of Human 296 -5663
Rights
First Call for Help United Way 335 -5000
B C Ministerial Association Rev. Mark Stromberg
Northwest Hennepin Human Patricia Wilder 493 -2802
Services Council
North Hennepin Community John Dawson 424 -0939
Colleg
Pastoral Care Team Rev. Greg Bodin 520 -5627
North Memorial Hospital on -call 24 -hour service
Gay & Lesbian Action Action Council 822 -0127
Help Line 822 -8661 .
. NAACP
Urban Leav, Lucky Rosenbloom 827 -5673
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DRAFT B
6/96
City of Brooklyn Center
BIAS /HATE CRIME RESPONSE PLAN
Purpose
To establish a local response to bias /hate crimes and to join with the League of Minnesota
Human Rights Commission (LMHRC) in establishing a state -wide response mechanism to
counter hate and bias crimes. The Brooklyn Center Human Rights and Resources Commission
will not investigate such crimes, but will act as a liaison.
The Commission seeks:
• City Council approval of the Plan.
•
Support from City Manager on bias response.
• A commitment from the Brooklyn Center Police Department that the Commission will
be notified as soon as possible after a confirmed bias /hate crime complaint. Contact is
to be made through the Commission's staff liaison and /or a Human Rights
Commissioner.
• The establishment of a community network that can be activated to promptly support
victims of bias /hate crimes.
• To raise awareness of this issue within the community.
In response to a bias /hate crime, the Commission will do the following:
1) Immediate Response.
Upon receiving notice of an incident, an assigned Commission member will call the
victim to set up a visit.
2) Initiate Network Response.
• Contact the City Manager to inform him/her of the incident and response.
• Contact the State Protect Coordinator Mort Ryweck of the LMHRC, to seek support
and insure that the Minnesota Department of Human Rights is notified.
• Identify if the affected area is participating in a neighborhood crime watch program,
and with victim's approval, contact crime watch coordinator. The goal would be to
have one of the victim's neighbors attend the visit thus adding a familiar face t
g g
to the
process.
• A selected Commission member or appointed representative, along with other
appropriate network representatives, will conduct an interview when requested.
•
-1-
• The Commission and network representatives will send letters to the media, conduct
interviews with local cable channel, and plan/conduct community -wide response
when appropriate, and first and foremost with victim's approval.
• Conduct follow -up contact. Follow -up contact should be made within one week, in
person or by phone. Check on any recurrences, other problems, and offer continued
support.
• Subsequent follow -up within one month (if appropriate).
• The Commission and network representatives involved in the specific incident shall
meet as necessary, review the process of the response, and take action or make
needed changes.
3) Review Response.
• The Commission shall review the overall process.
• The Commission shall send letters of appreciation to the network representatives
involved.
• The Commission shall inform the City Manager and Police Chief of the outcome.
INTERVIEW QUESTIONS
• These questions are meant to be a guide to enable us to be helpful to the victim(s).
• What happened?
• Was this the first incident or have there been others?
• Were children involved?
• Is there anything we can do to help you?
• What can we do together to prevent future recurrences?
• Is there anyone that you would like to contact you, or that we could contact for you?
• Inform the victim(s) that the Commission will contact the LMHRC and the City
Manager to report the incident.
The Commission member should exchange phone numbers, again offer any assistance, and
explain future follow -up contacts.
•
-2-
City of Brooklyn Center
BIAS /HATE CRIME RESPONSE PLAN
NETWORK PARTNERS 6/96
Organization Contact Telephone
City of City Manager 569 -3300
Brooklyn Center Michael J. McCauley 569 -3300 (TDD)
League of Minnesota Mort Ryweck 374 -5580
Human Rights Commission
Brooklyn Center Police Chief Scott Kline 569 -3300
Department
Family and Children Service Mary Magnuson 560 -4412
Northwest Branch Director
Osseo School District 279 Sharon Mortrud 391 -7005
Brooklyn Center Dist. 286
Anoka- Hennepin School Carla Swensen 422 -5500
District 11 Dir ector of Personnel
Robbinsdale School District Gwen Martinson 533 -3133
281 Director of Special Services
Brooklyn Center Staff and Nancy Gohman, Staff 569 -3300
• Mayor Liaison
Myrna Kragness, Mayor 561 -7442
North Hennepin Chamber of Marilyn Slifka 424 -6744
Commerce
MN. Dept. of Human 296 -5663
Rights
First Call for Help United Way 335 -5000
B C Ministerial Association Rev. Mark Stromberg
Northwest Hennepin Human Patricia Wilder 493 -2802
Services Coun
North Hennepin Community John Dawson 424 -0939
College
Pastoral Care Team Rev. Greg Bodin 520 -5627
North Memorial Hospital on -call 24 -hour service
Gay & Lesbian Action Action Council 822 -0127
Help Line 822 -8661
• NAACP
Urban Lea e Luc Rosenbloom 827 -5673
-3-
City of Brooklyn Center
A great place to start. A great place to stay.
To: Mayor Kragness and Council Members Carmody, Hilstrom, Mann, and Nichols
From: Michael J. McCauley
City Manager
Date: June 28, 1996
Re: Draft Human Rights Commission Bias and Hate Crime Response Plan
I would generally concur in the comments made by Mr. LeFevere regarding the plan. In addition,
I would offer the following observations. The goal of facilitating the provision of assistance to
victims of bias or hate crimes is one that should be pursued by the entire City organization. A
related objective of increasing the awareness of bias and hate crimes, along with efforts to ,
eliminate such crimes should be undertaken and supported. In reviewing the response plan, there
are several areas where I feel the approach should be modified to achieve the previously stated
goals.
1 question whether an interview is appropriate. The purpose of contact is to provide assistance in
contacting actual providers of service or to identify community or city assistance that the victim
might want or from which he or she would receive benefit. Questions requesting that the victim
describe the incident to another governmental representative after giving a report to the police
may not be consistent with offering assistance. Also, asking a victim what the victim and we
could do to prevent recurrence could be a damaging question.
The entire first bullet on page 2 would place the commission in an inappropriate role as a
spokesperson for the City and as action agent conducting a response. For two reasons, public
comment should be through City elected officials or staff. The first is to emphasize that the City
finds hate bias crimes to be unacceptable. The second is that action or statements can subject the
city to liability and should be channeled through the appropriate staff. It would certainly be
helpful and appropriate for the Human Rights commission to suggest community responses or
statements for the Council and staff.
Not included in the draft, but perhaps useful, would be for the Human Rights commission to
propose possible community education and prevention activities to heighten awareness and
reduce the potential for these types of incidents or to enhance cooperation in prosecuting and
identifying perpetrators of hate or bias crimes (or bias and hate in general).
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action /Equal Opportunities Employer
adopted 3/20/95
City of Brooklyn Park
BIAS /HATE'CRIME RESPONSE PLAN
Purpose
To establish a local response to bias /hate crimes and to join with the League of
Minnesota Human Rights Commission (LM]H RC) in establishing a state -wide
response mechanism to counter hate and bias crimes. The Brooklyn Park Human
Relations Commission will not investigate such crimes, but will provide or coordinate
support to victims of such crimes.
The Commission seeks:
• City Council approval of the Plan.
• A commitment from the Brooklyn Park Police Department that the
Commission will be notified as soon as possible after a confirmed bias /hate
crime complaint. Contact is to be made through the Commission's staff
representative.
• The establishment of a community network, that can be activated to promptly
• support victims of bias /hate crimes.
• To raise awareness of this issue within the community..
In response to a bias /hate crime, the Commission will do the following:
1) Immediate Response.
Upon receiving notice of an incident, the Commission Chair /Co -Chair will call
the victim(s). The interview may be conducted over the phone if the victim is
reluctant to meet.
2) Initiate Network Response.
• Contact Brooklyn Park City Council ,Liaison and the mayor to inform them
of the incident and response.
• Contact Mort Ryweck, State Project Coordinator, I-ML I-IRC, to seek support
and insure that the Minnesota Department of Human Rights is notified.
• Identify if the affected area is participating in a neighborhood watch
program. Crime watch coordinator would contact the neighborhood watch
block captain. The goal would be to have one of the victim's neighbors
attend the interview, thus adding a familiar face to the process.
Srcok).yn Park Sun Post March 2.9, 1995
City ado t a hate crime res apse
p
I J " `estl Qations le ft pose more severe penalties on son, currently Sharon Feess, will
perpetrators of hate or bias be notified of the incident. Other
t0 oliee officials crimes than otherwise would be individuals or organizations,
levied if the crime were not mo such as Neighborhood Watch
tivated by bigotry. block captains, Minnesota De.
By Patt Li aati Some examples of hate crimes partment of Human Rights and
are cross burning on a lawn, van- League gue of Minnesota Human
dalism of religious buildings or Rights Commissions, will be no-
Victims of hate crimes in cemeteries, and assaulting a tilled.
Brooklyn Park now have anoth- person thought to be homosexu- A commission member may
er place to turn. also conduct an interview with
he City Council a roved a The Brooklyn Park Human the victim, if requested. Follow -
pp Relations Commission will be re- up contact with the victim will
response plan to hate or bias sponsible for coordinating sup- be made in one month if neces-
crimes committed in the city. port to victims of hate crimes. It sary.
I'l�c resolution n �s passed unan- will not be responsible for inves-
imously at Alondav's meeting. tigating the crime, according to 'A review of the response, in-
Bat crimes are committed
against t information given to the city. eluding a summary report, will
a person or group be In response to a hate or bias be made by the commission.
cause of race. religion, gender, crime. the commission will:
sexual e or dis- Victims must also be in-
al orientation, a
sexu y, g 'The chair or co -chair will call formed that additional help may
the victim for an interview be obtained from Hennepin
Judgcs in Minnesota can im- *The mayor and council liai- County.
July 27, 1994
Dear Network Contact:
The Roseville City Council has now formally approved the enclosed
"Bias /Hate Crime Response Plan." As you will recall, you had
agreed to participate as a Network Contact in those instances
where it is appropriate.
Please contact me if you have any questions.
Sincerely,
Michael Trainor, Chairman
Roseville Human Rights Commission
Enclosure
2660 CIVIC CENTER DRR • ROSE% ILLE • MINNESOTA • 53113 • 61' -490 -3200
Roseville Human Rights Commission
0
Bias Hate Crime Response
Purpose
To establish a local response to bias -hate crimes and to join with the League of Minnesota
Human Rights Commissions (LMHRC) in establishing a statewide response mechanism
to counter hate crimes. This procedure is based on outlines provided by the LMHRC.
These outlines have been modified to serve as a specific action guide for the Roseville
Human Rights Commission in the event of a bias -hate crime. The Roseville Human Rights
Commission will not play an investigative role in such crimes but will provide support to
victims of such crimes.
Goal
Council approval.
Goal
Commitment from Roseville Police Department that the Roseville Human Rights Com-
'ssion (RHRC) will be notified as soon as possible after they receive a confirmed bias
Mate crime complaint. Contact with the RHRC can be made through the Roseville staff
liaison.
The RHRC will also provide the Roseville Police Department with any information re-
garding hate. crimes that its members receive as a result of their role as Commissioners.
Goal
Cultivate a network within the community that can be activated promptly to support
victims of bias -hate crime.
Goal
Raise awareness of this issue within the community.
Response to Bias Hate Crime Guide
I. Immediate response is given high priority.
Upon receiving notice of an incident, call the victim(s) and try to set up an interview
face to face. Be prepared to. conduct the interview over the phone at this time if
victim is reluctant to meet. Initiate network response.
2. Support Interview -- if in person, have two people visit.
Larry l Mazzitello, Special ecial Project Manager for Northwest Youth and Famil y Services
(NYFS), and Mort Ryweck of the LMHRC have both expressed willingness to accom-
pany a Roseville Human Rights Commissioner during the interview. Larry has ex-
perience with this type of interview and NYFS shares many of the goals of the Rose-
ville Human Rights Commission. Mort Ryweck is coordinating the LMHRC state-
wide response network to bias /hate crimes.
Jerry Ruettimann, Roseville Police Department Neighborhood Watch Program Co-
ordinator, has agreed to inform the RHRC if the bias -hate crime occurred in an area
that is participating in the program. Jerry would initiate contact with that neighbor-
hood watch block captain and the RHRC. The goal would be that one of the victim's
neighbors would attend the interview, thus adding a familiar face to the process.
5-ample Interview
A. Express regret and outrage that the bias -hate crime has occurred in the com-
munity and that it is not a reflection of our values.
B. Explain that the RHRC is not affiliated with the Police Department or any other
investigative body but is here to provide information and support.
C. Questions:
1) What happened?
2) Is this the first time?
3) Were children involved?
4) How were you treated by police?
5) Is there anything we can do to prevent a recurrence?
D. Exchange telephone numbers.
E. Offer telephone numbers and addresses of appropriate social service groups.
3. Post Interview Network Response
A) Contact LMHRC (Mort Ryweck) - confirm that they will notify Minnesota De
partment of Human Rights.
B) Contact Roseville City Council Liaison and the Mayor. Inform them of the response.
C) Send a letter to the editor of local newspapers from the RHRC.
D) Contact school districts if appropriate.
4. Follow -up contact within one week, by telephone or in person.
A) Ask if there has been a recurrence.
B) Ask if there has been any trouble at school.
C) Offer support by exchanging telephone numbers again.
5. Follow -up contact after one month (if appropriate).
6.. Review the response with the RHRC. Improve strategy if necessary.
A) Send letters of appreciation to network members that were involved.
B) Review the response with the Roseville City Council Liaison and Police Chief.
C) Make copies and send a summary report to the LMHRC.
Network Contacts
League of Minnesota Human Rights Commissions (LMHRC)
Contact: Morton Ryweck Campaign Coor. Bias -Hate Crimes
3; 3 - es'a
School District 621 -Mounds View
Primary contact: Judy Curtiss, Director of Personnel
Secondary contact: Dan Hoverman
636 -3650
School District 623 - Roseville
Primary contact: Keith Smelser, Assistant Sup't Personnel
Secondary contact: Clarrissa Hirsch
635 -1600
Northwest Youth and Family Services (NYFS)
Contact: Larry Mazzitello, Special Project Manager
636 -5448 NYFS Office
628 -0088 RAC Office
Neighborhood Watch - Roseville
Contact: Jerry Ruettimann, Project Coordinator
490 -2262
Roseville City Council Liaison and Mayor
Contact: Pat Johnson
490 -2206
First Call for Help
224 -1133
TDD: 291 -8430
State Dept. of Human Rights
296 -5663
Roseville Human Rights Commission
Contact: Mike Trainor, Chair
636 -6937
Suburban Area Chamber of Commerce
(pending Council and Chamber Board approval)
AGENDA
CITY COUNCIL WORK SESSION
JULY 1, 1996
FOLLOWING MEETING WITH HUMAN RIGHTS COMMISSION AT 7:00 P.M.
CONFERENCE ROOM B
1. Council Member Nichols: discussion of street layout around Brookdale
2. Historical Society request for use of well house
3. City Council Salary recommendation from Finance Commission
4. Grants in general and Law Enforcement Block Grants
5. Policy on employees serving on City Council advisory commissions
6. Park Commission recommendation on re- naming Twin Beach Park
7. Review of 53rd Street potential project
8. Budget:
1) requests for contributions
2) Council goals for budget
-revenues
- desired outcomes
9. Adopt -A- Park program recognition opinion
o n Hlst .
Society
POST OFFICE BOX 29345 June 10, 1996
BROOKLYN CENTER, MN 55429 -0345
i FAST
INUTE
".M DEA
Since I wrote the attached, I (Jane H.) toured the wonderful room under the water
tank. That would make a great headquarters for the Brooklyn Historical Society!
We could make our artifact storage into a historical display. (Some could go on
high along with pictures, as seen in some restaurants.) The room has nice
walls already. It is a pump room for the lawn sprinkler, but that would not bother
uP.
Picture it with inconspicuous, white security bars inside the windows (available
from Menard's). The building is brick, which would be quite fire -proof and secure.
If necessary, we could finance building a little storage building somewhere for
the lawn equipment.
One member suggested giving up our room at the Inn- -which would generate
more income there; and we could man our "water tank" room maybe for 4
hours a day on selected days a week. It appears to be heated.
Picture the room with white, sheer, tie -back curtains. I have not had time to
discuss this with all the Board, and we would have to talk Leone Howe into moving
the room she has dedicated (at the Inn) to her mother- -into the "tank room."
IT WOULD BE VERY APPROPRIATE TO DEDICATE THE HISTORIC ROOM TO MARY JANE GUSTAFSON,
and we have a bronze bust of her. It was Mary Jane who kept the dream of renovating
the Earle Brown Farm alive with her-newspaper articles and speeches - --even when the
Farm looked hopeless. Also, our "History of the Earle Brown Farm" book came in
very handy for the renovation, as well as the artifacts and pictures, I observed.
One former City official gave me a peremptory "No" twice when I asked about using
the "tank room." No reason was given. BUT PLEASE THINK ABOUT THIS IDEA WITH AN
OPEN MIND! It would bring tours by school children and others and could increase
Farm business projects.
Sincerely, '11/
Jane Hallberg ,A ting President
* We would honor both Leone's of the homeless r klyn Historical Soc.
mother & Mary Jane G. 533 -8467 or address above
Pls. let us know about your
decision ASAP.
n Histo
,
o- -o
Society
POST OFFICE BOX 29345
BROOKLYN CENTER, MN 55429 -0345
To: Mayor Kragness, Members of the City Council, the City Staff and Residents:
I'm Jane Hallberg, acting President of the Brooklyn Historical Society and a
co- author of
the book, History of t
Y he Earle Brown Farm. I have some of our members
with me. I'm here to ask you for our immediate need, storage space, since we were
shocked to hear you may tear down the garage building where we currently store our
artifacts. We appreciate the years that we have been able to store there, since
we once stored in my garage (including a small plow) and, later, we rented storage
space which was unsatisfactory and an expense burden. We were talking about asking
you if we could use the old garage by the liquor store for a headquarters and fix
it up a bit. I'm afraid that losing storage space could be an unsolvable problem
for our Society as we are going to deplete our treasury with a republication of the
History of the Earle Brown Farm OUR HISTORY SOCIETY HAS GROWN A LOT FROM THE LITTLE
SOCIETY THAT MARY JANE GUSTAFSON FOUNDED AND CARRIED AROUND MOSTLY IN HER HEAD IN THE
EARLY 1970s!
We wish we had a home, or room, where we could display our artifacts and let
history students come and study. We have been helping students from our homes, and
we have two atlases that are so precious and valuable we cannot let them out of our
sight. Unfortunately, Baldy Hartkoph's daughter, Audrey, may take back her donation
of a Brooklyn Township record book because she feels we do not have secure storage.
We will pass out a longer version of my request and a 1914 Brooklyn Township map
from our old atlas after I'm through speaking.
It seems we're getting bigger in the way of accomplishment every day. I know I
get a call almost every day re. a history matter. The other day, the University of
M. referred a young gal to me. She had purchased a large, queen -size "Earle Brown"
bed which was appraised at $4,500. I referred her to page 116 of our Earle Brown
book where it mentions Brown's "high antique bed" at the auction and also told her
it could have come from his other properties.
(Continued)
-2-
We have been able to help teachers studying the history of Riverview School
and helped a private owner with the story of his historic old - schoolhouse home in
Brooklyn Park. It has been beautifully renovated. We have helped a restaurant
with old pictures and given history info. to a new restaurant on the site of Kixx.
We have farm wood carvings, a small log cabin, surrey with fringe on top, clothes,
atlases, books, buggies, files, newspapers and a radio among our artifacts that need
storage
As-mentioned '
g / a donor has claimed back an old Brooklyn Township record book because she
felt we did not have secure storage. One of our projects that will live for posterity
is our Hall of Fame picture display at City Hall.
Publications: Our members have published three books, History of the Earle
Brown Farm and Album of Brooklyn Center and a Minnehaha Creek book- -plus the local
history pamphlets below:
The Iceman Cometh ..... Visiting Grandma..... Memories of an Indian Dance.....
The Camden - Brooklyn Township -Anoka Stage ..... The Story of Pierre Bottineau.....
Threshing..... Tales of Local Minnesota ..Lumberjacks ..... Annotated Bibliography
of Brooklyn Township & Vicinity..... Growing Potatoes in Brooklyn Park
(Some are in their 2nd or 3rd printing!)
We probably can't grow any more without a home. We could name many suburban
i.storical societies that either have a house, old city hall, space rented for them
y their city, a community center room or lace in a school for headquarters. Sometimes
p qu i s
we feel like without a home! We really need heated storage for clothing and
papers but would settle for using the old garage which you propose to tear down.
HOPKINSHISTORICAL SOCIETY has an enviable setup. They have a room, maybe 14' X
24', for their artifacts and library - -in a senior center in a school. They man it for
certain hours for study and exhibits. There is a gift shop across the hall. Surely
THERE MUST BE SOME PLACE FOR WE Little Orphan Annies and Andys! Please let us know.
We are about to republish the "History of the Earle Brown Farm" at a cost of
several thousand dollars, which will deplete our treasury. We're doing it for the
benefit of the Farm as Steve says he has a list o f people who want the Earle Brown
Farm book, and it's all sold out.
Another - book, a Brooklyn Township Heritage Book, with Brooklyn Center and Brooklyn
Park sections, is in the works. It will include oral histories of past and present
residents. Roxanna Benjamin, former editor of the Northwest News, and Ernee McArthur -
Lampe, former legislator, are creating the book. And our former President, Doctor
Norene Roberts, hopes to write the History of Brooklyn Park at her new home in Goshen,
Massachusetts.
Brooklyn Township has a rich history. People need to know '.:how it came to be --
values and goals- -how Brooklyn Blvd. used to be called "Indian Trail." Brooklyn
Center had the first commercial airport in MN. on the Earle Brown Farm, and the State
Highway Patrol was founded in Brooklyn Center and trained on the Farm. We cannot let
his heritage die.
WON'T YOU GIVE US SUPPORT AS WE TRY TO DIG OUT OUR ROOTS? ( We already have a
bison bone from the site of City Hall!) This is part of "discovering the Center!"
Sincerely, Jane Hallberg
533 -8467
or reply to the Society address.
43
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July 1, 1996
Brooklyn Center City Council
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Council Members:
The purpose of this letter is to comment briefly on the Finance Commission's
compensation recommendations for Mayor and Council members.
The Finance Commission, in accordance with established City policy and procedure,
made its compensation recommendations to the Council a few weeks ago. It was the
unanimous position of the members of the Commission that the conservative
recommendations should be fully adopted by the Council In making the
recommendations, the Commission fully recognized that it is always difficult for elected
officials to increase their own compensation and this would be especially true in a time
of fiscal constraints. However, it has been and currently is the philosophy of the
Commission that the compensation of the Council and the Mayor must be adjusted in
order to keep it up -to -date and in accordance with the Compensation Policy of the City.
As Chair of the Finance Commission, I am expressing our concern over some
comments we have heard from Council members and the Mayor and read in the local
newspaper regarding the proposed increases. We do not argue that it would appear
inappropriate to approve an increase when the Council has cut social services and
reduced other programs. However, the compensation paid to our elected officials is a
very insignificant amount of the total budget. You must recognize that you are not
voting this compensation adjustment for this Council. Rather, it is for a future Council
which will sit in session between January 1, 1997 and December 31, 1998. In other
words, your decision is binding until 1999.
There was a period in past history when prior City Councils did not amend their
compensation on a scheduled basis. The time then came when a substantial
percentage increase in compensation was required in order to bring the compensation
to a fair and equitable level. This created dissatisfaction amongst the taxpayers even
though it had to be done. It is against this history, that your Commission respectfully
requests you to look at our recommended compensation adjustments seriously and
take the appropriate action for future Councils.
Finance Commission members and I are available to meet with you on this matter at a
mutually convenient time.
Sincerely,
Donn H. Escher, Chair
Brooklyn Center Finance Commission
City of Brooklyn Center
1 i
A great place to start. A great place to stay.
MEMORANDUM
TO: Mayor Myrna Kraaness
Councilmember Kathleen Carmody
Councilmember Debra Hilstrom
Councilmember Kristen Mann
Councilmember Charles F. Nichols, Sr.
FROM: Michael J. McCauley, City Manager
DATE: June 5, 1996
SUBJECT: Financial Commission Recommendation for City Council Salaries
Attached for your consideration is a proposed ordinance that would implement the Financial
Commission recommendations for City_ Council salaries in 1997 and 1998. To summarize the
Financial Commission's recommendations, the Commission's basic policy goal is to have the City
Council salaries for Brooklyn Center at the median of Council salaries for cities in the metropolitan
area within 10,000 population of Brooklyn Center. In order for City Council salaries to be changed,
the City Council must, by ordinance, set salaries prior to the next general election. The Financial
Commission's report is merely a recommendation and the ultimate decision with respect to whether
salaries should be increased or the amount of an increase is solely in the discretion of the City
Council.
6301 Shingle Creek Pkwy, Brooklyn Center, MV 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action /Equal Opportunities Employer
' CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of , 1996,
at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle
• Creek Parkway, to consider An Ordinance Amending Ordinance No. 94 -12 Regarding Council
Salaries for 1997 -1998.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 94 -12 REGARDING
COUNCIL SALARIES FOR 1997 -1998
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. City of Brooklyn Center Ordinance No. 94 -12, which amended the
amount of the annual salaries to be paid to the mayor and council members to become effective
January 1, 1995, is hereby amended.
Section 2. Effective January 1, 1997, the annual salary for council members
shall be $6,165 and the annual salary for mayor shall be $8,015.
Section 3. Effective January 1, 1998, the annual salary for council members
shall be $6,335 and the annual salary for mayor shall be $8,235.
Section 4. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of , 1996.
Mayor
ATTEST
City Clerk
Date of Publication
Effective Date
• (Brackets indicate matter to be deleted, underline indicates new matter.)
City of Brooklyn Center
A great place to start. A great place to stay.
•
To: Mayor Kragness and Council Members Carmody, Hilstrom, Mann, and Nichols
From: Michael J. McCauley
City Manager
i
Date: June 28, 1996
Re: Employees on City Council advisory commissions
Attached please find comments that I have received in response to a memo I sent to commissions
regarding the consideration of a policy relating to employees serving on commissions. I also met
with Art Mead of the Park & Recreation Commission. Mr. Mead felt very strongly that there was
no conflict with part-time employment and serving on an advisory commission. His comments
related to the advisory nature of a commission and that the commission did not have the
authority to spend money or take any actions.
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action/ Equal Opportunities Employer
June 10, 1996
TO: Michael J. McCauley, City Manager
FROM: Rex Newman, member, Housing Commission
3107 61st Avenue N.
Brooklyn Center, MN 55429
Home: 561 -2760 Work: 391 -4921
SUBJECT: ADVISORY C',O JMTS PRCOrp
You asked for my reaction to a proposal excluding those employed by the City from
serving on its Advisory Commissions. Your point regarding potential conflicts between
Commission, Council, and Administration is valid. But rather than a general prohibition, I
would prefer a more specific approach to limit such exposures.
Often in business, management and much of the professional staff are required to sign
some sort of "ethics" document which primarily covers conflicts of interest. On that form,
you either declare that you have no such conflicts ( "true without exception ") or fist them
for consideration. In the latter case, management usually gives the employee a specific
waiver acknowledging the situation, but otherwise not relieving the employee of the need
to do right by the company. In extreme cases, management can demand prompt
divestiture or other resolution of such a conflict as a condition of further employment.
Employees not subject to this procedure were covered by the general provisions for
internal security as enforced under "employment at will.
I received a "Business Ethics Policy" handout as part of the appointment process, but it is
passive, not proactive, and contains no enforcement language. It seems to me that this is
where you should start. I fail to see why, say, a police dispatcher or a sewer worker
should be disqualified from serving on, say, the Earle Brown Days Commission. Just have
them sign an affidavit like I described, and remind them that they serve at the Council's
pleasure.
I would agree that no City employee should serve as a Commission chair, nor should
anyone else with a significant and relevant conflict of interest. In fact, I'd suggest that
Mayor appoint and the Council approve the Chair, not the Commission members. This
could be done at the next scheduled City Council meeting following the annual joint
meeting each Commission has with the Council.
If you like, I can provide you with one or more sample "ethics" documents. For this or
any further input, please feel free to call me.
` r
V `
Kay L. Lasman
r
Telephone 612 - 560 -6689
4407 Woodbine La.
Brooklyn Center, MN. 55429
Dear Mr. McCauley,
Thank you for your recent memorandum concerning advisory commissions not being
employed by the city. l agree that people serving on the commissions should not be
employees of the city. This policy would prevent a possible conflict of interest
I look forward to meeting you in the fall, as the commissions begin their regular meeting
schedule.
Thank you.
Sincerely,
Kay Lasman, Parks and Rec. Commission
�. CL -
�- 40
+41�4 e
40 ca au
O
• its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION REGARDING APPOINTMENT OF CITY EMPLOYEES TO
CITY BOARDS AND COMMISSIONS
WHEREAS, Section 2.02 of the Brooklyn Center City Charter provides that the
City Council may establish boards or commissions to advise the Council with respect to any
municipal function or activity, to investigate any subject of interest of the City, or to perform
quasi-judicial functions; and
WHEREAS, several such commissions have been established by resolution of the
City Council; and
WHEREAS, the Council has determined that it is in the best interest of the City
that members of such commissions exercise independent judgment and be free from influences
resulting from the duties and responsibilities of City employees; and
WHEREAS, it is more consistent with the Council /Manager form of government
established by City Charter and the orderly administration of City government if employees who
are subject to the management and control of the City Manager do not also serve in the capacity
of advisors to the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the following policy is established for appointment to boards and
commissions of the City:
1. This policy shall apply to the following boards and commissions of the City:
a. the Financial Commission;
b. the Housing Commission;
C. the Human Rights and Resources Commission;
d. the Park and Recreation Commission;
e. the Planning Commission;
f. the Ad Hoc Communications Task Force; and
g. any other board or commission heretofore or hereafter created which is
made subject to this policy by resolution of the Council.
2. Except as otherwise provided in paragraph 4, this policy shall apply to the
following persons:
a. all regular full -time, regular part-time, temporary full -time, and temporary
part-time employees whether or not covered by a formal labor contract with
the City;
b. the City Manager; and
C. volunteer members of the fire department.
• RESOLUTION NO.
3. No person identified in paragraph 2 of this policy shall be appointed to any board
or commission identified in paragraph 1. Upon acceptance of any position listed
in paragraph 2, by any person then serving on any City board or commission listed
in paragraph 1, shall be deemed a resignation without any other act on the part of
such member and such member's position on such board or commission shall be
deemed vacant. Any such person who is a member of any such commission at the
time of adoption of this resolution shall be permitted to serve out the balance
of his /her current appointment. To the extent of any inconsistency between this
resolution and the provisions of any prior resolution establishing specified terms
for members of commissions, such provisions of prior resolutions are superseded.
4. The provisions of paragraph 3 shall not apply to the following:
a. persons serving as non - voting liaison or staff support to boards or
commissions by appointment of the City Manager; and
b. non- voting ex-officio members serving on boards or commissions by reason
of their employment positions with the City.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
City of Brooklyn Center
A great place to start. A great place to stay.
MEMORANDUM
TO: Mayor Myrna Kragness
Councilmember Kathleen Carmody
Councilmember Debra Hilstrom
Councilmember Kristen Mann
Councilmember Charles F. Nichols, Sr
FROM: Michael J. McCauley, City Manager
DATE: June 28, 1996
SUBJECT: Renaming Twin Beach Park
Attached please find a memorandum from Jim Glasoe regarding a recommendation from the Park
and Recreation Commission to rename Twin Beach Park to Lake Front Park. I have not received
information on the other recommendations that would relate to costs or site. Thus, the only question
at this time relates to whether the Council has an interest in considering the commission's
recommendation to rename the park.
Attachment
•
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action /Equal Opportunities Employer
Public Services Department
Govt
Buildings
T I
Li I
Engineering May 22, 1996
Streets ��
To: Diane Specto/
From: Jim Glasoe
41719, ' ^ r
Subject. Renaming Of Twin Beach Park
Parks
At t heir Recr eation Public hetr May 21 meeting, the Parks and ec eahon Commtsston
Utilities continued their discussion of Twin Beach Park.
At issue, is what amenities should be included in any future
improvement plans.
Recreation
e After considerable discussion, the Commission recommended
replacement of the playground equipment in a new location, expansion
of the parking area and installation of a fishing pier ( pending DNR
Central funding.)
Garage
Included in the initial discussion was the possibility of a City run beach
at the site. However, because of the costs, logistics and liability of such
a venture, the Commission opted for the fishing pier alternative.
As a result of the above, the Commission expressed concern over the
current name of the park. It was their feeling that the name "Twin
Beach Park" gave the impression that indeed the park included a beach
and /or encouraged swimming at the park.
In an attempt to correct this misconception, the Commission
unanimously approved a motion recommending the City Council rename
the park "Lakefront Park."
As always, if you have any questions regarding the motion or the
discussion, please let me know.
•
KENNEDY & GRAVEN
CHARTERED
Attorneys at Law JAMES J. THOMSON
470 Pillsbury Center, Minneapolis, Minnesota 55402 LARRY M. WERTHEIM
O ' ERT A. ALSOP (612) 337 -9300 BONNIE L. WILKINS
E M. BATTERSON
JOE Y. YANG
RONALD H. BATTY Facsimile (612) 337 -9310 _
STEPHEN J. BUBUL
JOHN B. DEAN DAVID L. GRAVEN (1929 -1991)
DANIEL J. GREENSWEIG
DAVID J. KENNEDY
CHARLES L. LEFEVERE OF COUNSEL
JOHN M. LEFEVRE, JR. WRITER'S DIRECT DIAL ROBERT C. CARLSON ROBERT L. DAVIDSON
ROBERT J. LINDALL
ROBERT C. LONG (612) 337 -9218 WELLINGTON H. LAW
JAMES M. STROMMEN FLOYD B. OLSON
CORRINE H. THOMSON
CURTIS A. PEARSON
T. JAY SALMEN
June 6, 1996
Mike McCauley, City Manager
City of Brooklyn Center
6301 Shingle Creek Pkwy
Brooklyn Center, MN 55430
RE: Ku Klux Klan; Adopt -a -Park Program
Dear Mike:
You have recently pointed out that the federal courts are divided on the question whether a city may
prohibit participation by organization such as the Ku Klux Klan in an adopt a highway or similar
• program. You have asked for a memorandum advising the council of its alternatives in light of those
court decisions. Attached is a memorandum on the subject. It would seem that the "do nothing"
approach may be the most prudent for the city at the current time.
Another approach which would reduce the likelihood of a successful challenge would be for the city
to adopt guidelines for determining which groups are acceptable but eliminate the elements of public
recognition of participation by that group. This would give the city the advantage of limiting
participation by objectionable groups while reducing the likelihood that rejection of a group could be
successfully challenged on first amendment grounds. The disadvantage of this approach, of course, is
that groups may be less likely to participate if they receive no public recognition for their activities.
The third possible course of action would be for the city to retain the public recognition element of the
program and adopt guidelines for determining what groups are allowed to participate. There is at least
a 50 -50 chance that such a program could be successfully challenged; and the mere adoption of the
program might prompt a legal challenge by an organization which otherwise would have no interest
in participating in the program.
Please let me know if you have any questions or comments.
Very truly yours,
Charles L. LeFevere
Enclosure
CLL105612
BR291 -4
• MEMORANDUM j
TO: Mayor and Members of the City Council
FROM: Charlie LeFevere
RE: Adopt -A -Park Program
Our File No. BR291 -4
DATE: June 3, 1996
We have been asked to provide information about the City's ability to avoid public
recognition of certain groups, such as the Ku Klux Klan, that might wish to
participate in the Adopt -A -Park Program. A number of considerations should be
kept in mind as the City evaluates its options.
To begin with, the courts are split on the City's right to prevent participation by
controversial groups. An Arkansas federal district court concluded that the State
of Arkansas could neither prohibit the KKK from participating in the state's Adopt-
A- Highway program nor refrain from erecting a sign recognizing the group's
participation. Knights of Ku Klux Klan v. Arkansas State Highway and Transp .
Dep't 807 F. Supp. 1427 (W. Dist. Ark. 1992) . On the other hand, the federal
• appeals court for Texas came to the opposite conclusion when the KKK challenged
Texas's decision to prohibit the group's participation in that state's Adopt -A-
Highway program. Texas v. Knights of Ku Klux Klan 58 F. 3d 1075 (5th Cir. 1995).
The most significant reason for the difference in the courts' decisions was that the
Arkansas court believed that the KKK's free speech rights were at the heart of the
issue, while the Texas decision revolved around that court's reasoning that free
speech rights were only incidental to the adopt -a- highway program. The upshot,
however, is that it is almost impossible to hazard an accurate guess as to how a local
court would respond if the City attempted to prohibit groups with a certain message
from participating in its Adopt -A -Park program. Nevertheless, if the City adopted
such a prohibition and attempted to enforce it against the KKK or another similar
group, it is likely that the City would face an expensive court challenge by the
affected group, with the group possibly receiving legal assistance from the
Minnesota Civil Liberties Union. Furthermore, if the City lost, it could be forced to
pay the plaintiff's legal fees.
In addition, there are practical problems involved in attempting to create a
restriction that will affect groups such as the KKK or the Nazi, but that will not
affect groups such as local churches, businesses, or mainstream political parties.
Ultimately, the City would have to exercise discretion in determining which groups
could participate and which could not. While common sense suggests that most
people understand the difference between the Ku Klux Klan and the Democrats or
Republicans, courts are often leery of allowing a governmental body to make these
kinds of judgment calls.
• As an alternative, the City could simply refrain from formally recognizing any group
that participates in the program. Doing so would eliminate the ability of any
individual group to complain that it was being singled out for special treatment. Of
DJG105485
BR291 -4
Y
course, doing so might also lessen the enthusiasm for participation of many legitimate
organizations.
A compromise solution would be to prohibit any recognition of any political group.
The drawbacks to this, though, are:
1. The prohibition would be somewhat vulnerable to legal challenge as a
restriction on certain kinds of speech;
2. Traditional political organizations would be prevented from being
recognized for their work in City parks;
3. The City would face the possibility of having to define "political
groups" and then determine which groups met the definition, a process
that could embroil the Council in significant controversy.
A final matter is also worth considering. At times, imposing a restriction such as
one on KKK participation simply invites a group like that to challenge the
restriction, even though it would have never otherwise occurred to the group to
attempt to adopt a park.
The City does have the option of waiting until the KKK or a similar group actually
seeks to participate and only then changing the rules of participation. This would
make a legal challenge somewhat more difficult to defend, as it would be clear that
the City was acting in response to that group's application. Nonetheless, the issue
would still be whether the group has a First Amendment right to participate. If it
• does, a court is likely to rule in its favor, regardless of when the prohibition is
adopted. If no First Amendment rights are involved, the City stands a reasonable
chance of prevailing in court, again regardless of when the prohibition is adopted.
Moreover, because an Adopt -A -Park program is not an essential government service,
the City could in almost any circumstance decide to terminate the Adopt -A -Park
program on rational economic grounds if it became too controversial and thus too
expensive to manage and defend.
In conclusion, the City risks inviting an expensive and complex lawsuit if it
establishes participation guidelines for its Adopt -A -Park program based on a group's
political message or the affect that message might have on others without the
immediate threat that such a group wants to participate in the program. The City
could more easily prohibit any recognition of all participants, or at least all
"political" participants, but the practical implications of doing so make this a
questionable approach. While not a failsafe solution, the City may wish to seriously
consider abstaining from making any changes to program guidelines until it is faced
with an actual application from the KKK or another similar organization.
DJG105485
BR291 -4