HomeMy WebLinkAboutBHRCMinutes_2015_05_07Brookings Human Rights Committee Minutes
Thursday, May 7, 2015 at 12:00 p.m.
Suite 230, Room 241- Brookings City & County Government Center
Attendance: Penny Hauffe, Patty Bacon, Steve Bayer, Sam Jennings, Hanna Larsen, Judy Karen,
George Hamer, Chandradhar Dwivedi, Shafiqur Rahman and Lawrence Novotny. Absent: Kanbi
Knippling. Also present: City Staff Shari Thornes.
Hauffe called the meeting to order at 12:00 pm. A motion was made by Hamer, seconded by
Bayer, to approve the amended agenda adding an item to bring the EEOC for a training
opportunity in October. All present voted yes; motion carried. A motion was made by Bayer,
seconded by Karen, to approve the April 6, 2015 minutes. Motion carried. Introductions were
made for Elliot Johnson the new Executive Director of Downtown Brookings, Inc.
Schedule next meeting. Monday, June 29 at 12:00 pm. A member still needs to fill-in as recorder.
Reports/Updates:
a. Proposed Ordinance Amendment
1. Update on Council Action – The proposed ordinance was removed from the
April 28 City Council agenda the day of the meeting. One Council Member
requested a public hearing. There were complaints from citizens. There will
still be a public hearing. However, enough questions and objections may have
undermined the quality of the request. The intention was for tabling but
advocate for question and answer. Since April 28, there have been meetings
with the Council Members and the elected Council Members to discuss
questions and concerns. Some of the dialogue included:
i. Request to remove sexual orientation, marital status and gender
identity until supported by state law
a. Reformat or reorganize ordinance to make it a more clear
resource for the reader
ii. Articulate scope of the investigation
a. Argument for asking for information from business not directly
related to the investigation
b. Most objection (from two Council Members) was related to
business concerns, not individual concerns
iii. Why move from committee to commission? Are there issues that
couldn’t be addressed by the committee?
iv. Question of bogus complaint: who is held liable if business owner sues
for defamation?
a. Provide private; not public method for resolving complaint
v. Clarify complaint’s filing options; must all other remedies be exhausted
before a complainant can come to Commission?
a. Claims filed only with city employee, not Commission members
vi. Some councilpersons asking for significant detail pertaining to training,
process, and procedures
On May 26th the ordinance is scheduled for a second reading and will be open
for comments and questions. The items for the Council agenda packet will
need to be ready by May 19th. The committee is still waiting on forms from
Sioux Falls. Subcommittee members (Hamer, Hauffe, Jennings and Bayer) will
collect the information and compile the packet. A subcommittee meeting is
scheduled for May 17 at 3pm at the Government Center.
Regarding additional amendments, the committee needs to clarify what
legally qualifies for discrimination and what does not. A motion was made by
Novotny, seconded by Bacon, to approve the disposition of the Human Rights
Commission Ordinance and retain the language pertaining to marital status,
gender identity and sexual orientation. All present voted yes; motion carried.
The ordinance should also include an overt statement regarding
confidentiality. The committee agreed to strike the language pertaining to
initiating the complaint. A motion was made by Hamer, to change the
member terms from proposed 5 years back to 3 years. The 5 year
recommendation was based on other commissions pertaining to institutional
memory, training and efficiency. Motion failed for lack of a second. Terms
will remain at 5 years in length.
The committee did question if they need to disband in order to become a
commission or simply modify the existing structure.
In regards to quorum status for probable cause determinations and hearings,
out of 5 members, 3 members will constitute a quorum.
In response to a complaint, the Commission can execute compliance review.
This may be an overreach relative to the goal of the Commission. A motion
was made by Hamer, seconded by Bacon, to strike Section 2-155(10). All
present voted yes; motion carried.
Hamer and Jennings will be the designated committee spokespersons. All
persons interested in supporting the commission are encouraged to
campaign, contact City Council Members and attend the meeting.
b. Community Common Read - a subcommittee was formed with Dwivedi, Hauffe, Karen
and Larsen (as community member). The subcommittee will meet at least once prior
to the next meeting to brainstorm proposed community events. The bookmark design
will begin and the event details will be added in later.
c. Butler Human Rights Award 2015 – Everything is ready to go for October 29th event and
the Performing Arts Center has been reserved. The draft press release and photos are
due May 15th.
d. Spring Diversity Potluck Wrap-up – There was a very good turnout at the event and the
presentation went well. The community member attendance was up, while the
student attendance was down. It is assumed the student connection will be stronger in
the fall.
e. Committee Membership – the vacancy has been advertised with a closing date of May
15th. City residency is not required.
f. EEOC Opportunity – Diversity Trainer Maria Flores will be in SD the week of October
19th. The committee will look at training opportunities during this time.
Nominating Committee Report and Election of Vice-Chairperson. Hamer reported that Jennings
was submitted for the nomination. A motion was made by Bayer, seconded by Rahman, to elect
Sam Jennings as the Vice-Chairperson. All present voted yes; motion carried. Novonty
volunteered to be the recorder.
Farewell to Outgoing Vice-Chairperson Bacon and Student Member Hanna Larsen. Everyone will
miss Patty Bacon and Hanna Larsen wish them well in their new roles.
Adjourn. A motion was made by Bayer, seconded by Karen, to adjourn. All present voted yes;
motion carried. Meeting adjourned 1:38 p.m.
Submitted by Sam Jennings.