HUMAN RELATIONS COMMISSION MEETING MINUTES
May 19, 2004
COMMISSIONERS PRESENT: Chair Wendi Coleman, Vice-Chair Steve Ramirez, Commissioners Bob Augelli, Barbara Hillmer, Ernesto Hodison, Bob Mikesic and Terri Wilke.
COMMISSIONERS ABSENT: Ray Chao (excused).
STAFF PRESENT: Executive Director Rehelio A. Samuel, Human Relations Specialists Allen Martin, Michelle Smith, Paul Winn, and Secretary Cynthia Colbert
STAFF ABSENT: None
GUESTS PRESENT: Mr. James Dunn and Mrs. Nancy Dunn
Vice-Chair Ramirez called the meeting of the Lawrence Human Relations Commission to order at 11:05 AM in the LHR/HRD Conference Room.
ROLL CALL
Roll call revealed a quorum of the Commission was present.
ACCEPTANCE OF AGENDA
Commissioner Hodison moved that the Agenda for May 19, 2004 be accepted. Commissioner Wilke seconded the motion. Motion carried.
ACCEPTANCE OF STAFF REPORT FOR February 1 – April 30, 2004
Commissioner Wilke moved that the Staff Report for February 1 – April 30, 2004 be accepted. Commissioner Mikesic seconded the motion. Motion carried.
ACCEPTANCE OF MINUTES for February 18, 2004
Commissioner Hodison moved that the minutes for February 18, 2004 be accepted. Commissioner Wilke seconded the motion. Motion carried.
INTRODUCTION OF NEW COMMISSIONER DR. ROBERT AUGELLI
Director Samuel introduced new LHRC Commissioner Dr. Robert (Bob) Augelli. Director Samuel stated Dr. Augelli has an outstanding interest in the area of civil and human rights. He asked Dr. Augelli to give comments. Commissioner Augelli stated he feels privileged to be able to give back to the community, and to be a part of the LHRC. Commissioner Augelli said he was born in San Juan, Puerto Rico and he is able to bring a Hispanic perspective. He said he has been an active participant in the civil rights movement and he continues to share an interest in the whole concept of justice. He added that he has a background in clinical psychology. He thanked the LRHC for the invitation to participate on the Commission and looks forward to getting to know everyone. Vice-Chair Ramirez welcomed Commissioner Augelli.
ELECTION OF 2004-2005 CHAIR
Vice-Chair Ramirez opened the floor for nominations for 2004 - 2005 LHRC Chair. Commissioner Mikesic moved to nominate Vice-Chair Steve Ramirez as 2004 – 2005 Chair. Commissioner Hodison seconded the motion. The motion was put to a vote of LHRC members. Motion carried. Vice-Chair Ramirez asked if there were any additional nominations. As there were no additional nominations, it was stated that the nominations were closed.
Vice-Chair Steve Ramirez was elected 2004-2005 LHRC Chair by acclamation.
ELECTION OF 2004-2005 VICE-CHAIR
Vice-Chair Steve Ramirez opened the floor for nominations for 2004-2005 LRHC Vice-Chair. Vice-Chair Ramirez moved to nominate Commissioner Mikesic as 2004-2005 LHRC Vice-Chair. Commissioner Hodison seconded the motion. Motion carried. Vice-Chair Ramirez asked if there were any additional nominations. As there were no additional nominations, it was stated that the nominations were closed.
Commissioner Mikesic was elected 2004-2005 LHRC Vice-Chair by acclamation.
Commissioner Hillmer arrived at 11:15 a.m.
Chair Coleman arrived at11:18 a.m.
HRS Smith outlined the activities that were held in conjunction with Fair Housing Month, April 2004. She stated there were two seminars held, one for landlords, owners, and property managers, and one for tenants and prospective tenants. She said both seminars were highly successful. HRS Smith noted that one of the presenters at both seminars was LHRC Commissioner Bob Mikesic. HRS Smith said there was a Fair Housing Month proclamation by Mayor Mike Rundle, which was accepted at the City Commission meeting by LHRC Chair, Wendi Coleman. Commissioner Wilke asked if the turnout for the landlords’ seminar was greater than for the tenants seminar. HRS Smith said yes, the tenants’ seminar did not have as high attendance as the landlords’ seminar, but those attending gave the tenants seminar very high marks.
Director Samuel gave additional comments regarding Fair Housing outreach efforts. He listed other options for fair housing outreach to the general public. Director Samuel commended the landlords, owners, and property managers that attended the seminar in high numbers. He noted that this shows their support and commitment to fair housing, as well as civil and human rights in the Lawrence community. He additionally noted that it is common for the general public to not attend in high numbers (100+) unless they have an immediate problem.
HRS Smith said she and HRS Winn participated in a resource fair at Lawrence High School. She noted the information they disseminated to the students was very well received.
HRS Martin gave a briefing on the Core Mediation training, held March 9 – 11, 2004. He noted that attorney/mediator Kathy Kirk was the primary instructor for the training, and LHR/HRD staff assisted Ms. Kirk. He stated the training was a success and received high marks from attendees. He further noted that after the success of previous mediation training conducted by the LHR/HRD, the LHR/HRD had received many requests to conduct additional mediation training. HRS Martin said that mediation skills help people to resolve their own conflicts. Commissioner Hodison asked how many people took the course. HRS Martin stated there were 20 attendees. Director Samuel noted that in the past we limited attendance, and trained up to 45 people per class. HRS Martin explained the process involved in becoming a Kansas Supreme Court Certified Approved Mediator.
Commissioner Hillmer asked if the LHR/HRD provided co-mediation opportunities. HRS Martin stated that when requested, we provide co-mediation opportunities. In addition, he explained the differences between the different mediator competencies available for certification through the State of Kansas Supreme Court.
Commissioner Mikesic commended the LRHD staff for their mediation skills. HRS Martin noted that the LHRD mediation success rate is 100%. Vice-Chair Ramirez said the training is time well spent and encouraged the LHRC members to take the course.
HRS Smith briefed the LHRC on the HUD Intake Training, held March 11 – 12, 2004 at the U.S. DHUD Kansas/Missouri Offices. She stated that along with herself, Director Samuel, HRS Winn, and Secretary Colbert attended the training. HRS Smith explained the training included proper intake of cases, entering cases in TEAPOTS, and utilizing intake questionnaires. Chair Coleman asked what the acronym TEAPOTS means. HRS Smith explained that TEAPOTS is an acronym for Title Eight Automated Paperless Office Tracking System and is used in the investigation and tracking of fair housing complaints. She added that all docketed fair housing cases must be entered into the TEAPOTS system by the investigator.
Commissioner Hillmer asked if TEAPOTS is a nationwide system and if it has the ability to be used for obtaining comparative statistics. Director Samuel commented that TEAPOTS is utilized nationally by all FHAP/FHIP agencies and HUD is in the process of setting up the ability to utilize TEAPOTS to research similar fair housing cases. He noted that once it becomes available, it would be a powerful tool for agency investigators. Director Samuel added the project is titled, The U.S. DHUD/FHAP/FHIP Expert System.
HUD National Fair Housing Training Academy Orientation and Briefing Session May 25 – 28, 2004
Director Samuel said HUD would be holding an orientation for the new HUD National Fair Housing Training Academy in Washington, D.C. He stated the academy would allow FHAP agency staff members to receive the intensive training they need and to acquire standardized certification through HUD. He noted the academy training would eliminate the need to send investigators to different seminars/conferences at different locations just to receive necessary training. Director Samuel also noted that through the HUD Training Academy, attendees would be able to receive certification. Vice-Chair Ramirez asked if this is the first year of the academy. Director Samuel said, yes, this is the first year for the academy.
U.S.D HUD/FHAP/FHIP National Fair Housing Policy & Training Conference, June 13 – 18, 2004
Director Samuel gave a briefing on the upcoming HUD FHAP/FHIP National Fair Housing Policy and Training Conference, to be held June 13 – 18, 2004. He stated that LHRD staff and two LHRC Commissioners would be attending. He noted the HUD training and policy conference is mandatory and additionally explained the benefits of attending the training conference. Director Samuel said that if Commissioners are being held responsible to serve as Investigative Commissioners then the Commissioners need to train as to how to identify evidence and do their jobs properly. Director Samuel thanked HRS Martin for volunteering to stay and staff the office while other LHR staff attends the conference. Vice-Chair Ramirez encouraged the LHRC members to attend the HUD trainings when the opportunity arises.
Employment Seminar / August 7, 2004
HRS Winn disseminated copies of the seminar flyer to LHRD staff and the LHRC members. He stated the seminar would be held August 7, 2004 and he gave a briefing of the seminar session topics. He noted that last year’s seminar had approximately 60 attendees, and was highly regarded by all attending. HRS Winn said the seminar is beneficial to anyone currently employed or seeking employment. He said the seminar would include topics such as job training and education, recruitment, the hiring process, as well as interview skills role-play exercises. HRS Winn encouraged everyone to attend. He stated the seminar would be held at the Lawrence Arts Center and there is no charge to attend. He felt the location would make it more accessible to all sectors of the community.
Commissioner Wilke praised the seminar for its content and quality. She noted that it would be a good seminar for high school students to attend. HRS Smith commented that the attendees felt the information received would be invaluable.
A brief discussion ensued.
HRS Winn mentioned that he and HRS Martin attended the Employment Law Seminar conducted by Foulston Siefkin LLP on May 4, 2004.
Equal Opportunity Law Update Seminar / October 26 – 27, 2004
HRS Martin said the seminar brochure has been prepared, but is currently still in draft form, awaiting additional information from seminar presenters and CLE/CME approval. He gave information on the process of preparing for the seminar. He said the seminar would be held at the Lawrence Holiday Inn/Holidome at 200 McDonald drive. He noted the location was the best in Lawrence for accommodating the large number of attendees, along with being accessible to those with disabilities.
HRS Martin said he expected attendance at this year’s seminar to be approximately 250 people. He noted that over the years, many people are repeat attendees. Vice-Chair Ramirez stated the Equal Opportunity Law Update Seminar is the finest service the LHR/HRD offers to the community.
Director Samuel commented that seminars of this magnitude and type encourage businesses to locate to the Lawrence community. He said the efforts of the LHRC and the LHR/HRD show the business community and general public that Lawrence is serious about the issue of civil/human rights and equality and justice for all. He added the LHRC and LHR/HRD administers a balanced program of enforcement, education, and information outreach.
Commissioner Hillmer asked if the LHRC/LHR-HRD partners with economic development organizations as far as outreach/education and helping them understand the proactive reputation of the LHR/HRD and what is offered to the community. HRS Martin said we would like to partner with the Chamber of Commerce as well as economic development organizations. He noted the Chamber is already aware of the LHRD seminars. HRS Martin further stated we have a vested interest in seeing to it that minority firms are recruited into the Lawrence area as well as the non-minority businesses. He noted that this is not always possible due to current budget constraints. Commissioner Hodison said the formation of partnerships would be a good effort and now would be as good a time as any to do so.
A brief discussion ensued.
Board of Zoning Appeals Process / Accessible Housing
Commissioner Mikesic said he thought the issue of the Board of Zoning Appeals Process as it pertains to accessible housing might be of interest to the LHRC/LHR-HRD. He explained the current zoning appeals process as it pertains to obtaining a variance of the City’s zoning code in order to make necessary accessibility modifications to a home. He noted that the problem is not with requesting a variance, but the delay (sometimes more than a month or two) in receiving the variance, because it has to go before the Board of Zoning Appeals to obtain the variance. This can cause a hardship for people needing an immediate modification. Commissioner Mikesic said he feels this makes it also a fair housing issue, because under Chapter 10, Article I of the Code of the City of Lawrence, it states the responsibility for providing reasonable accommodation in the way of modifying policies, procedures and practices so that people have full use and enjoyment of housing. He stated it might be beneficial to approach the Planning Department to see if they could streamline their procedure ahead of time, rather than have every family that needs modifications to their property wait for such a long time to find out if their request needs to go before the Board of Zoning Appeals. Some will only need to know what to do in order to comply with City code. Director Samuel gave comments in favor of addressing the issue. The LHRC members agreed that it should just be a procedure change in how variances are obtained in approving accommodations in the way of modifications to housing. Director Samuel suggested meeting with the LHRC Chair, Vice-Chair, City/County Planning Director, and the zoning board. A brief discussion ensued.
HRS Martin said he felt that concerning the Board of Zoning Appeals, he believes it to be a Title II issue. Commissioner Mikesic stated it might be a Title II issue, but also a fair housing issue. A brief discussion ensued.
Commissioner Wilke thanked outgoing Chair Wendi Coleman for her hard work and dedication to the LHRC during her tenure as LHRC Chair. Chair Coleman thanked the LHRC/LHR-HRD for the opportunity to serve. She said she learned a lot while serving in the capacity of LHRC Chair, and not only grew professionally, but personally. Chair Coleman thanked Mr. James Dunn and Mrs. Nancy Dunn for their continued support of the LHRC. She congratulated Vice-Chair Steve Ramirez on his election as 2004-2005 LHRC Chair and wished him the best. Vice-Chair Steve Ramirez said that it takes a lot of people working together and under the direction of Executive Director Samuel the LHRC/LHRD has been able to accomplish a great deal.
HRS Smith noted she has shared the evaluation comments received on the fair housing seminars with the LHRC and was pleased with the outcome of the seminars as well as the evaluation ratings.
Commissioner Wilke noted that Mr. Cornell Mayfield is a great speaker and is highly regarded by the attendees of the LHRC/LHR-HRD conducted fair housing seminars.
EXECUTIVE DIRECTOR COMMENTS
Director Samuel gave a briefing on the current budget process, and his budget presentation to the City Commissioners. He noted the presentation went very well and the City Commissioners were highly impressed with all of the things the LHRC/LHRD is doing. He stated that he shared with the City Commissioners the proactive work the LHRC / LHRD is doing in the community as well as the other activities done to help bring the community closer together. He stated he advised the City Commission of the need for more financial and staffing resources for the LHR-HRD in order to continue and intensify efforts. He noted the City of Lawrence has doubled in size since 1972 and the LHRD has only increased in size by a half position. Director Samuel mentioned the addition in this year’s budget request to the City Commission for a Human Relations Technician position.
Director Samuel thanked the LHRC members and LHR-HRD staff for their dedication and commitment to the cause of civil/human rights.
PUBLIC COMMENT
Mr. James Dunn commented on his experiences with the Board of Zoning Appeals. He gave comments on this year’s fair housing seminars. He gave his ideas for increasing tenant participation in Fair Housing Month events.
Director Samuel stated a New Commissioner Orientation would be scheduled for Commissioner Augelli.
Director Samuel thanked outgoing Chair Wendi Coleman for her untiring support, dedication, and hard work on behalf of the LHRC, and the City of Lawrence.
ADJOURNMENT
Commissioner Wilke moved that the meeting be adjourned. Chair Coleman seconded the motion. Motion carried.
Vice-Chair Ramirez adjourned the meeting at 12:31 p.m.
HUMAN RELATIONS/HUMAN RESOURCES DEPARTMENT STAFF REPORT
to the LAWRENCE HUMAN RELATIONS COMMISSION
May 1 - July 31, 2004
This report outlines formal discrimination case activities during the months of May, June, and July 2004. The following are lists of complaints processed during the period. Additionally, a description of the education and outreach endeavors of the department is detailed, as well as staff training and development.
1. Race/Retaliation Apartment Conciliated
2. Ancestry/Disability Apartment Conciliated
3. Ancestry/Retaliation Mobile Home Community Conciliated
4. Race/Sex/Retaliation Apartment No Probable Cause
None
1. Race/Opposition Laundry Service No Probable Cause
2. Sex/Disability Food Service Conciliated
3. Sex Manufacturing No Probable Cause
4. Sex/N.O./Retaliation Warehouse No Probable Cause
5. Race Telecommunications No Probable Cause
6. Age Healthcare No Probable Cause
Basis Nature of Business
1. Race Food Service
2. Race Construction
3. Race Manufacturing
4. Race/Age Warehouse
5. Race Restaurant
Basis Nature of Business Finding
NONE
1. Resolved Informally 502
2. Counseled Complainants on Rights and Procedures 1,583
3. General Civil/Human Rights Information 2,557
Total 4,642
1. HRS Martin conducted training for the Topeka Human Relations Commission, May 3, 2004.
2. HRS Martin conducted Prevention of Sexual Harassment Training for the Lawrence Housing Authority staff on May 12, 2004.
3. HRS Smith participated in Fair Housing Training for the Topeka Human Relations Commission on June 2, 2004.
4. Milan and Associates conducted seminars on Fair Housing and Accessibility. The seminars were held July 9, 16, and 23, 2004, as part of the ongoing HUD Partnership Initiative Program.
1. HRS Winn and HRS Martin attended an Employment Law Seminar conducted by Foulston and Siefkin on May 4, 2004.
2. Executive Director Samuel, HRS Winn and Smith, Commissioners Coleman and Wilke, Attorneys Max Kautsch and Toni Wheeler, and Secretary Cynthia Colbert attended the U.S.D.HUD/FHAP/FHIP National Fair Housing Policy and Training Conference, June 13 – 18, 2004.
1. Executive Director Samuel and LHRC Commissioner Wendi Coleman attended the U.S. DHUD National Fair Housing Training Academy Orientation and Briefing Session, May 25 – 28, 2004.
2. HRS Winn attended the Kansas Human Relations Association meeting and Equal Employment Opportunity Workshop, June 7 – 9, 2004.