Civil & Human Rights Commission APPROVED Minutes of the Des Moines Civil & Human Rights Commission Meeting January 8, 2015 4:30 PM City Hall Chambers 2 nd Floor City Hall, 400 Robert D. Ray Drive Commissioner Bowser called the meeting to order 4:34 PM. Commissioners present: Michael Bowser, Peggy Dandy (via phone), Christine Manbeck, Francis Boggus, Margo Jones, Daniel Garza, Kathy Collins Reilly (via phone) Commissioners absent: Staff present: Rudy Simms, Doug Phillip, Laura Graham, Monica McCroskey Visitors present: Kris Winter, Jerry Tormey Approval of Minutes 12/11 Minutes - Regular Meeting Commissioner Garza moved to approve the minutes as submitted. Commissioner Jones seconded. Motion passed 7-0. Director s Report - Distributed. Staffing Update: Director Simms provided updates on staffing. The department continues to have staffing challenges with Vern out. Director Simms is filling in helping with investigations, mediations, and closure of complaints. Nekesha continues to accompany the director during onsite reviews. Nekesha is scheduled for training and continues on-the-job training. Events Attended: Staff attended several activities in December and completed numerous intakes. Director Simms attended: the City Manager s meetings, a meeting with the Commission officers, a White House call with Mayor Cownie on community policing/ferguson issues, the Human Rights Day event held at the library, a meeting with Commissioner Jones and Attorney Harvey Harrison regarding a racial profiling project, the 29 th Annual Symposium planning committee meeting, and the public meeting on the City s budget. Director Simms participated in the interview process for the Public Works director and attended racial profiling meetings with AMOS, NAACP. Director Simms discussed the current community dialogue with KCCI-TV President, General Manager Brian Sather. Staff met onsite with Fair Housing Respondent to complete an investigation as required by the US Department of Housing and Urban development (HUD). Staff is considering having a table to promote the Commission at the I ll Make Me a World Celebration Day event January 17, 2015. Director Simms met with the Education Director of the Iowa Department of Health on an Anti-Bias Workshop in May of 2015 that Director Simms would deliver. Director Simms urged the Commission to be involved in the Community Conversations dialogue next meeting January 15 th, with a topic of body cameras. Investigation Update: Commissioner Manbeck stated she is not sure Director Simms and the Commission are on the same page in regards to Mikel Johnson assisting with investigations, with what seems to be a repeated no from Director Simms. Now that Vern is gone and Nekesha is getting training, it seems there is a staff person there to pick up the pieces. Commissioner Bowser stated the Commission did talk about this last month and Director Simms was going to have a conversation with Mikel. Commissioner Bowser asked if Director Simms had this conversation. Director Simms replied yes, but Director Simms made a decision to not have Mikel involved in investigations at this time. Reasons being that Mikel is involved in too many other areas, doing what an Administrative
Assistant would be doing, maintaining HUD reports, which keeps the department in compliance with HUD. The HUD performance reviews from 2006 to current showed the largest deficiency was in education and outreach. Just this year that has been fixed and Director Simms does not want to deter that or put it in jeopardy as it keeps the department in compliance with the HUD contract. Director Simms stated he has stepped in to fill the gap in investigation staffing and in the process has provided training opportunities for Nekesha. Commissioner Collins Reilly stated it seems the Commission needs to respond to the no received from Director Simms. In order for this to not get buried again for another month away, this may need to be added to the Officers agenda or the Commission may need to vote now on if we agree with Director Simms. Director Simms replied that he can appreciate the Commission not wanting to accept the direction for how the Commission should be ran, but Director Simms is closest to the issue knowing what the investigations require, current staffing levels, and HUD s requirements. The department could not be doing much better, but could be doing worse if deviating from the current assignments. Commissioner Dandy asked what education is being done by Mikel. Director Simms replied that Mikel is dealing with phone calls and picks up a lot of slack, as does the director. Everyone is busy. Commissioner Collins Reilly stated education and outreach is different from talking about the Commission when standing in a grocery line or taking phone calls and explaining what services are offered. The department is operating with limited staff, no questions, but it s worth looking at so that Commissioner Collins Reilly can have a more full picture of what goes on, and see that it s just not possible for Mikel to be involved in investigations and somehow keep HUD happy. Director Simms stated the Commission had requested that inquires be tracked. The department has November and December available, but not compiled due to interruptions and lack of time. Director Simms had thought maybe Nekesha could help, but that is not her job, so maybe Director Simms will personally write a summary in the near future. Director Simms welcomed any suggestions for this challenge, including an increase in staffing. Commissioner Collins Reilly stated if the Commission has asked Mikel to help with the interim situation and the director s response is no, then Commissioner Collins Reilly is not satisfied and does not want to move on without some kind of plan. Whether the Commission deals with it today or creates a subcommittee. Director Simms replied the Commission should consider whether it s necessary to deal with it at all. What deficiencies does the Commission see in investigations, yet distract Mikel and the department could fall behind on HUD requirements. Commissioner Collins Reilly stated although most of the funding comes from HUD, there are a lot of people and their problems not covered by HUD. Director Simms replied that the City Manager is well informed of these issues. Commissioner Bowser added the Officers could take a look at the numbers, open/closed cases, since Nekesha had one intake and five closures, which sounds like she is getting a lot of work done and come back. Commissioner Manbeck asked about the status the work plan that was signed, and maybe the Commission can deal with that before the next meeting. Director Simms replied that significant progress has been made with the work plan, although a database with a list of all of the schools in the community is still needed as well as one other database. Commissioner Manbeck stated Nekesha is a HUD financed employee, why is she not doing the reports, is Mikel or the director training her. Director Simms replied she is an investigator and if the director had someone to do the reports other than Mikel it would be an Administrative Assistant. That assistant would also do the minutes and other items that the Commission has said is not timely.
Commissioner Manbeck stated the Commission has yet to see a call log, which has been talked about for two years, this would give the Commission the data that is needed. The Commission is here as volunteers, maybe one of the Commissioners could help compile the call logs, which has been offered before. Another item, engage the Commission ahead of time so the Commission can see how items fit into the strategic plan and can be prioritize. Commissioner Manbeck requested a summary tied directly to the strategic plan. Commissioner Garza asked if Director Simms could get volunteers to relieve some duties while Vern is out. Director Simms replied that volunteers would not be turned away, and the department had paid volunteers in the past through the VISTA program. With VISTA volunteers the department s written materials and website were improved, as well as education and outreach. The individual that emerged to continue that work was Mikel Johnson. Director Simms is open to any volunteers that the Commission would like to provide, but the department is really busy with investigations, HUD contract requirements and reports, and volunteers require time to manage. Commissioner Garza suggested Drake University Law School for volunteers. Commissioner Bowser commented that the Officers will take a look at this issue and come up with some recommendations and suggestions and bring back to the Commission to revisit. Education Update: None Committee Reports Officers Report: Commissioner Bowser stated Commissioner Jones term ends in April and Commissioner Jones will no longer be serving as Education Committee Chair. Commissioner Bowser asked if any Commissioners were interested and Commissioner Collins Reilly replied yes. Commissioner Bowser brought forth the Des Moines Register editorial and letter to City Council on My Brother s Keeper. The intent for the My Brother s Keeper has already been approved, the Commission just needs to approve the final version. Commissioner Collins Reilly moved to approve final version of My Brother s Keeper letter to be sent to City Council. Commissioner Boggus seconded. Motion passed 6-1. Abstain: Manbeck. Commissioner Bowser asked for comments or suggestions on the Des Moines Register editorial. Commissioner Manbeck replied with a question, what is the reason for sending out this letter since it seems to be an opinion piece, and isn t the Commission trying to put together a marketing plan with a cohesive message and priorities for what the Commission wants to say out in the community. Commissioner Boggus responded that with the issue of disparity in the criminal justice system, the Commission decided to offer opinions as a Commission in a timely manner to generate thoughts and ideas to start the conversation and cause people to think about disparities of sentences between minorities and Caucasians. It s a separate issue from the marketing plan, but a way to address an issue and not be silent on it. Commissioner Manbeck asked Director Simms if there are any cases around this issue, since this one is a federal sentencing issue. Director Simms replied the issue is a broad general issue of disparity in society and is being addressed through the Community Dialogue and hopefully a response from the Commission that takes a position of the Commission being appalled at the way that justice is meted out in an inconsistent fashion. Commissioner Manbeck asked how the Community Dialogue was started. Director Simms responded the director was invited to facilitate dialogue between police and members of the community to address concerns around Ferguson, Missouri and dialogue continues. Commissioner Manbeck asked if this was something the Commission was informed of or voted on. Director Simms responded, yes the Commission was informed that the director was invited to facilitate. Commissioner Manbeck stated the third dialogue is coming up, which seems to have created a body of work for Director Simms, so is the Commission engaged. Director Simms stated that s something the Commission needs to be engaged in, other local human rights commissions are at that table. Commissioner Manbeck stated the strategic plan is to drive that and Director Simms responded it fits the strategic plan. Commissioner Manbeck stated that it needs to be reiterated so that everyone is on the same page and to keep the Commission informed. Commissioner Manbeck stated
another question about this editorial letter, this is an opinion and the pharmacist has not yet been sentenced, so is this something the Commission wants to say. Commissioner Boggus replied, this is something that needs to be thought of and opinion expressed prior to the sentencing. Commissioner Manbeck asked if the Commission is trying to influence the judge s decision. Commissioner Boggus replied, the Commission is just expressing opinion in the local daily newspaper, and this was voted on and should go forward. Staff Doug Phillip noted an edit to the letter that is needed, adding proposed since the local pharmacist has not been sentenced yet. Commissioner Collins Reilly stated this is an example of disparity, so would be in the Commissions realm and is timely and appropriate. There is a bigger question, is this the Commission s role or issue and how does the Commission choose which issues to chime in on; furthermore, this would fall under an education plan that could define when, how, what avenues used to convey the Commissions opinions. Commissioner Manbeck asked if the letter is intended to come from the Commission or from the director. Commissioner Collins Reilly responded that it s up to the Commission to approve the letter and say that it s coming from the Des Moines Civil and Human Rights Commission. Commissioner Boggus asked if this editorial gives the perception that we are trying to influence the sentencing, could someone reasonably come to that assumption and if so/not does that impact the Commission as a body where the Commission hears cases. Staff Doug Phillip replied it s not a legal issue, but recognize it s a perception issue and detail to consider when putting the Commission s name on it. Commissioner Garza stated the Commission needs to effectively communicate to the citizens of Des Moines, there has to be somebody that takes the lead. This is one of those issues that the Commission should take the lead on. It does affect members of our community and the disparity is a problem. Economically it affects not only the individual, but the whole community and the Commission should move on this. Commissioner Boggus moved to submit the letter, signed by Francis Boggus Des Moines Civil and Human Rights Commission. Commissioner Collins Reilly seconded. Motion passed 6-1. Abstain: Manbeck. Finance Committee: Nothing has changed from last month. Commissioner Manbeck asked if advertising was all paid and finished with HUD. Commissioner Boggus replied last payment was made in October. Commissioner Bowser asked if any bills were received. Director Simms replied yes, but the invoices have not been paid, the department is behind. Education Committee: None Old Business Marketing Plan: Kris Winters with M2K Marketing (M2K) provided a summary. Last week of December signed a contract. Met with Director Simms December 19 th discussing the symposium and general background information of the department. December 22 nd met with Commissioner Boggus and Commissioner Garza regarding marketing activities and outreach. The website and 2014 annual report were reviewed. M2K has gathered information and now developing a budget. M2K s goal is to have a preliminary draft of a marketing plan to the Commission by January 9 th. M2K recommends due to budget constraints that the Commission build on what is already done, but target and focus efforts. A lot of emphasis has been placed on marketing the housing discrimination cases and outreach to the African American community. Looking to emphasis reaching out to target other communities, the Hispanic community and other areas dealing with fair and equal treatment such as employment; but, not at the exclusion of other types of discrimination or communities. Due to financial resources, a heavier emphasis would be placed on those targeted areas. Provide more education to understand what fair treatment is and resources available. A tiered budget is being put together, what needs done now and what could be done later if additional resources become available. A final plan will be presented that all agree upon. Online Intake Form: Commissioner Bowser commented on edits to the form where name is listed and adding how did you hear about us section. Commissioner Bowser asked staff Laura Graham to confirm that changes can be made to the form after it is published online. Staff Laura Graham confirmed, yes that is correct.
Commissioner Boggus moved to publish the online intake form with changes how did you hear about us section and name change. Commissioner Collins Reilly seconded. Motion passed 7-0. Symposium Award Nominees: Commissioner Boggus commented on edits to the forms where the name of the Commission is listed. Commissioner Manbeck asked who is handling the nomination forms and choosing the award winners. Director Simms stated the intent is that the Commission identifies award nominees, bring it before the Commission for consideration, and approve it. Commissioner Manbeck asked that department staff provide some recommendations and Director Simms confirmed staff will. Commissioner Jones stated she would like to see other commissions involved. Director Simms stated he would like to see it kept just for Civil and Human Rights Commissions. Commissioner Jones stated if there are some other commissions involved they may provide some likely candidates, a bigger pool of people to choose from. Commissioner Bowser asked staff Laura Graham if the Commission could send a press release through the City and staff Laura Graham confirmed yes. Commissioner Manbeck moved that the two awards nomination forms be sent out through a press release and that submissions are returned by the deadline on the form to Director Simms office. The Commission will review and recommend the award winners. Seconded by Collins Reilly. Motion passed 7-0. Commissioner Jones moved to have nomination forms returned by February 2 nd and the Commission will review and select the award winners at the February 12 th regular meeting. Commissioner Collins Reilly seconded. Motion passed 7-0. New Business None Public Comment None Meeting Adjourned Commissioner Garza moved. Commissioner Collins Reilly seconded. Motion passed 7-0. 5:50 PM