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Brookings Human Rights Commission Minutes
Tuesday, November 09, 2021
Conference Room 241, Brookings City/County Government Building and Go To Meeting App
Attendance: Lawrence Novotny, (recorder – in person); Dianne Nagy (vice-chair - online); Charlie Ward
(online); Casey Bell (city human resources & staff liaison – in person); Alex Wood (SDSU liaison – online)
Absent: Nieema Thasing (chair); Dan Berg; Joel Gindo; Meagan Irvine-Miller; Erica Moore; Erinn Thomas
Guests: Steve Britzman, city attorney; Ishmael Collzao (in-person);
The meeting commenced at 9:20 am.
The purpose of the meeting was for the BHRC to undergo training on the complaint resolution process. The
training was conducted by City Attorney Steve Britzman. The meeting was recorded so this training can be
viewed by BHRC who were absent.
Britzman pointed out that there was only 1 complaint that he was involved with since the ordinance was adopted
in 2017. So he is fairly new at this process. He stated the processing of the next several complaints will be a
study in the effectiveness of the process and at the same time a review of the process as to how it can be
improved.
What is the reason for so few complaints being brought forward?
Is it that there are not any discrimination problems in Brookings?
Or is it that the public does not know they can file a discrimination complaint?
Britzman distributed a 1-page flow chart of the process. There also is available a manual outlining the process
step-by-step and examples of the various forms and letters used in the process.
Discussion and issues that were raised during the training:
• Mediators
It is best to resolve the issue through mediation instead of having it go thru a public hearing or court
action
The last mediator was a judge from Milbank which cost the city around a $1000.
Need to come up with a list of local mediators. Two names suggested were Nancy Nelson (attorney)
and LeAnne Pierce (magistrate judge)
• Confidentially
Can the identity of the complainant be kept confidential from the respondent (person who the
complaint is filed against)?
The ordinance does not state anything about confidentially, so we are assuming we can maintain
confidentially.
The complaintant should have the option of maintaining confidentially.
Confidentially can exist until the public hearing stage.
• Complaint form
Can a disabled person seek assistance in filling out the complaint form?
Some individuals do not like the idea of being told a form must be filled out in order to initiate a
formal complaint. Some options:
city manager make arrangements for city HRC staff to provide assistance
the city attorney can provide assistance
HRC members can provide assistance
• Other issues
What are the options available if a respondent refuses to respond
A small panel of the HRC needs to be involved in the initial review of the complaint along with city
staff
The investigative panel of the HRC should consist of members who have expertise in the subject
matter of that particular complaint
Need to clarify the phrase “probable cause/commission”
Need to find out how other HRCs in the state handle their complaint process
ACTION ITEMS:
• For city attorney:
Revise the flow chart. Maybe make it a 3-page chart.
Clarify some missing gaps in the process
distribute the complaint procedures policy manual to the BRHC
• For the training working group
Go thru the process of filling out the complaint form to see how difficult it is
Explore with the city manager about having HRC staff assist with filing a complaint
Work with city attorney about compiling a list of potential mediators.
Adjourn: Meeting adjourned at 10:30 am.
Submitted by Lawrence Novotny, recorder