[00:00:05]
[Human Relations Commission May 16, 2024]
IT'S FOUR O'CLOCK.AND I'D LIKE TO CONVENE THE MAY MEETING OF THE DEC HUMAN RELATIONS COMMISSION.
AND, UH, I THINK A CALL TO ORDER WOULD BE, UM, IN, IN EFFECT AND, UH, TAKE YOUR TIME WITH THE ROLL CALL.
WELL, I DON'T HAVE EVERYONE TO DO A ROLL CALL, BUT THE ONES I DO HAVE.
COMMISSIONER MCREYNOLDS? HERE.
UM, MAYBE THE NEXT THING WOULD BE TO HAVE THE, THE NEWBIES, UH, IDENTIFY THEMSELVES AND, UH, UH, SAY THAT THEY'RE HERE.
AND WE CAN GET YOU THE SPELLINGS OF THE NAMES AND ALL THAT.
SANDY, UH, SHE WAS IN ON THE, UH, LAST MEETING.
YEAH, SHE WAS HERE LAST MEETING, SO SHE SHOULD BE IN THE OH, OKAY.
THANK YOU FOR THINKING OF HER, THOUGH.
UM, SO, UH, I BELIEVE WE HAVE A QUORUM, AND THIS IS THE FIRST TIME WE'VE HAD A FULL COMMISSION IN MY MEMORY, SO I'M VERY HAPPY ABOUT THAT.
AND, UH, WANTED TO WELCOME THE NEW PEOPLE.
UM, I KNOW WE DON'T HAVE A LOT OF TIME, BUT, UH, UH, THIS WOULD BE THE TIME FOR THE APPEARANCE OF CITIZENS.
I DON'T SEE ANY AT THE MOMENT, SO I THINK WE CAN MOVE ON.
UM, WHAT I'D LIKE TO DO IS BREAK FROM THE AGENDA AND HAVE EACH OF US, UH, SAY THEIR NAME AND A, A SHORT SENTENCE ABOUT THEIR BACKGROUND SO WE CAN START TO GET TO KNOW EACH OTHER.
MARK, DO YOU WANNA START WITH THAT? OKAY.
I'M RETIRED AND I'M MEDICAL MINISTER.
I'M, UH, ACTIVELY INVOLVED WITH THE LGBT COMMUNITY, UH, AS PRESIDENT OF DECAY ILLINOIS, PRIDE AND TREASURER OF PFLAG.
HOW, HOW DOES THIS WORK? MR. BUTTON, DOWN ON THE COUNCIL LEFT BUTTON, I, OH, SANDY RENOS.
I WAS PREVIOUSLY ON THE HUMAN RELATIONS COMMISSION IN 1970S, SOMEWHERE BACK THERE, SO I JOINED AGAIN.
I WAS, UH, A SUPERVISOR OF THE LABORATORY AT DECATUR MEMORIAL HOSPITAL FOR ABOUT 45 YEARS.
I AM, UH, EXECUTIVE DIRECTOR FOR DECATUR COMMUNITY PARTNERSHIP.
SO I'M, I DO A LOT OF WORK WITH THE COMMUNITY.
I'M A RETIRED JOURNALIST AT THE HERALD AND REVIEW, AND, UH, BEEN, UH, ON THE COMMISSION FOR FIVE YEARS AND THE CHAIRMAN FOR ONE YEAR, JOYCE KELLER.
I, UH, WAS RETIRED FROM THE DECATUR SCHOOL DISTRICT, MACARTHUR FOR 27 YEARS.
AND JUST ACTIVE IN THE, UH, COMMUNITY AND BOARD MEMBER ON NORTHEAST COMMUNITY FUND.
I'M SULTAN IHI, WORKING AT A DM AS A PROJECT MANAGER IN THE INTERNAL AUDIT DEPARTMENT.
UH, I LIVE IN DECATUR FOR ABOUT 20 PLUS YEARS NOW.
I'M A NEWBIE ON THE FIRST DAY FOR ME HERE TO TODAY.
I'M THE CHIEF OPERATIONS OFFICER FOR DOVE HERE IN TOWN.
I'M A PROUD DECATUR NATIVE, AND I'M SO HAPPY TO BE HERE.
IT IS MY FIRST DAY AS WELL, AND I'M EXCITED TO GET STARTED.
JERRY PELLS, UH, RETIRED FROM THE NORTHEAST COMMUNITY FUND AFTER SERVING THERE FOR OVER 50 YEARS, AND I THINK I'VE BEEN ON THE COMMISSION FOR A LITTLE LESS THAN TWO YEARS.
UH, I, I HOPE THAT I GETS US GOING AS A UNIT, UH, SOONER RATHER THAN LATER.
SO GET BACK ON THE AGENDA AND, UH, LIKE TO, UH, CONSIDER THE APRIL 18TH MEETING MINUTES.
UH, GIVE YOU A MOMENT TO LOOK THOSE OVER.
AND THEN I WOULD, UH, ENTERTAIN A MOTION FOR APPROVAL.
[00:05:16]
I WILL MAKE A MOTION TO APPROVE THE MINUTES.ALL AM I MISSING? COMMISSIONER OWENS? AYE.
UM, WE'D NOW LIKE TO GO OVER THE MONTHLY ACTIVITY REPORT AND SUMMARY OF CASES FROM OUR INVESTIGATOR SPAN.
I'M THE, UH, CONTRACT INVESTIGATOR FOR THE HUMAN RELATIONS COMMISSION.
SO, UH, FOR THE NEW PEOPLE ON THE COMMISSION, I'M NOT AN EMPLOYEE OF THE CITY.
UH, SEVERAL YEARS AGO, THE CITY HAD A FULL-TIME INVESTIGATOR, UH, WHO WAS AN EMPLOYEE OF THE CITY.
IN FACT, THE LAST ONE WAS, UH, YOU MIGHT KNOW MARK BARMY, WHO WAS CHIEF OF POLICE.
UH, AND HE RETIRED AS CHIEF OF POLICE AND CAME BACK AS THE HUMAN RIGHTS INVESTIGATOR FOR THE CITY.
WHEN HE RETIRED, AND I THINK THIS WAS 2014, THE CITY MADE A DECISION THAT THEY WOULD NOT FILL THAT POSITION, BUT THEY WOULD HIRE SOMEBODY ON AN HOURLY BASIS TO DO INVESTIGATIONS FOR THE COMMISSION.
SO I'VE BEEN DOING THAT SINCE ABOUT 2015.
UH, SO, UH, SO I'M A PRIVATE CONTRACTOR CONSULTANT WORKING WITH THE COMMISSION.
UH, ALSO, I, I THINK IT'S THE FIRST TIME IN MY MEMORY THAT THE COMMISSION'S BEEN FULL AND, UH, MS. ROGERS MAY CONFIRM THAT
SO IT'S BEEN PROBABLY AT LEAST EIGHT YEARS OR LONGER, UH, NINE YEARS NOW.
UH, ALSO, UH, FOR THE, UH, THE FOUR PEOPLE WHO HAVE JOINED RECENTLY, UH, I WOULD LIKE TO SCHEDULE AN ORIENTATION FOR YOU.
IT'LL PROBABLY TAKE A COUPLE HOURS.
UH, AND IF I CAN GET THEIR EMAILS FROM YOU, I, I WILL, UH, SEND YOU AN EMAIL AND WE'LL TRY TO FIND A TIME, YOU KNOW, IN THE NEXT MONTH WHEN WE COULD, COULD GET TOGETHER AND, UH, I COULD ACQUAINT YOU WITH THE WORK OF THE COMMISSION, THE PURPOSES OF THE COMMISSION, AND THEN HOW CASES ARE PROCESSED.
AND, AND I THINK WE'LL HAVE A COUPLE OF COMMISSIONERS ALSO SIT IN ON THAT ORIENTATION.
AND I BELIEVE THAT'S CHAIR KER AND MAYBE COMMISSIONER SCHLATER, WERE YOU THE OTHER ONE WHO VOLUNTEERED TO DO THAT? UH, AND SO, UH, JUST BE AWARE, YOU'LL BE GETTING, IT'LL COME, IT'LL COME FROM MY PERSONAL EMAIL.
FRED SPAN US AT GMAIL, SO, SO WATCH FOR THAT.
AND, UH, YOU ALL COMFORTABLE WITH E WITH EMAIL INVITATIONS? YEAH.
FRED, WITH, WITH UPWARDS OF SIX COMMISSIONERS MEETING AT ONCE, DOES THAT RUN AFOUL OF THE OPEN MEETINGS ACT? IT HAS TO BE A PUBLIC MEETING.
IT DOESN'T RUN A FOUL OF, IT HAS TO ABIDE BY THE PUBLIC MEETING ACT.
UH, IT WOULD RUN A FOUL OF IT IF, IF WE DID NOT CALL IT A PUBLIC MEETING.
AND, UH, BUT IT IS, IT WILL BE OPEN TO THE PUBLIC AND THE SINGLE AGENDA ITEM WILL BE ORIENTATION FOR THE NEW COMMISSIONER.
SO THAT MEANS THAT AT THAT MEETING, YOU'RE NOT ALLOWED TO DISCUSS ANYTHING OTHER THAN THE ORIENTATION, NOT ALLOWED TO, TO CONDUCT ANY OTHER BUSINESS OTHER THAN WHAT'S ON THE AGENDA.
SO I WANTED TO, TO DO THAT AS A KIND OF A INTRODUCTION.
UH, EVERY MONTH I PREPARE A MONTHLY REPORT, UH, OF CASES THAT I'VE BEEN PROCESSING.
UH, IT'S IN YOUR AGENDA AS EXHIBIT ITEM A AND THERE'S THREE CASES, WELL, I TOTAL, THERE'S ACTUALLY THIS TIME, THERE'S A TOTAL OF SIX CASES, BUT THREE OF THEM ARE BUNDLED.
MAKE SURE EVERYBODY HAS A CHANCE TO FIND THAT.
[00:10:10]
OKAY.UH, THE FIRST CASE, UM, IS NUMBER 2 3 0 8 3 1, RACE DISCRIMINATION AND EMPLOYMENT.
THAT'S, UH, A PUBLIC HEARING WAS HELD ON MARCH 25TH.
UH, CHAIR AKER AND VICE CHAIR VIVIAN GOODMAN SERVED AS THE HEARING OFFICERS.
UH, MY UNDERSTANDING IS THE, THE REPORT HAS NOT YET BEEN FINALIZED FROM AND SIGNED BY THE COMMISSIONERS.
SO I'LL TURN IT OVER TO, WELL, IT HAS, IT HAS BEEN, UH, THIS AFTERNOON SIGNED BY THE HEARING OFFICERS.
SO, BUT IT'S, IT WAS, COULD NOT BE AN AGENDA ITEM FOR THIS EVENING, RIGHT? RIGHT.
YEAH, BECAUSE THE, UM, TRANSCRIPT HAS NOT BEEN DIS DISTRIBUTED AMONG THE, UH, COMMISSIONERS.
SO THAT'S WHY WE'LL BE THINKING ABOUT TRYING TO SCHEDULE A, UH, UH, AN ADDITIONAL, UH, SPECIAL MEETING.
HI, MY NAME'S AMY W AND I'M AN ASSISTANT CORPORATION COUNSEL FOR THE CITY OF DECATUR, AND I'M BEEN ASSIGNED TO HANDLE HUMAN RELATIONS COMMISSION ASSIST WITH ANY QUESTIONS, UH, REGARDING THE HEARING THAT WAS HELD, UM, IN WHICH, UH, COMMISSIONERS GOODMAN AND KER WERE HEARING OFFICERS FOR THAT FINDINGS AND RECOMMENDATION THAT WILL BE COMING TO YOU AT YOUR NEXT MEETING WAS NOT SIGNED UNTIL THIS DATE, THEREFORE, WE COULD NOT PUT IT ON THE AGENDA UNTIL THAT WAS FINALIZED AND UNDER THE OPEN MEETINGS ACT WE'RE REQUIRED TO HAVE THE AGENDAS OUT 48 HOURS PRIOR TO THE MEETING.
SINCE IT WASN'T FINALIZED UNTIL THIS AFTERNOON, WE COULD NOT OBVIOUSLY GET THAT PROVIDED TO YOU 48 HOURS IN ADVANCE.
SO, UH, CHAIR KER THEN, I, I BELIEVE YOU WERE TALKING ABOUT MAYBE SEEING IF THERE COULD BE A SPECIAL MEETING TO HANDLE THAT.
UH, WELL, I THINK SO BECAUSE THERE HAVE BEEN VARIOUS DELAYS THAT HAVE BEEN OUT OF OUR CONTROL FOR GETTING THE MATTER INVESTIGATED AND GETTING, UH, THE HEARING MATERIALS, UM, FINALIZED.
AND I, I REALLY FEEL SENSITIVE TO THE, UM, COMPLAINANT HAVING TO WAIT FOR A LONG TIME TO FIND OUT WHAT'S GOING TO HAPPEN TO HER CASE.
SO I WAS GOING TO PROPOSE, UM, WE NEED GONNA PROPOSE NEXT THURSDAY AT FOUR FOR A SPECIAL MEETING JUST TO, UH, CONSIDER THE, UH, THE TRANSCRIPT AND THE RECOMMENDATIONS FROM THE HEARING OFFICERS.
AND, UM, I KNOW THAT IT'S SHORT NOTICE AND EVERYBODY'S BUSY, BUT IF WE COULD GET AT LEAST FIVE MEMBERS, WE'D BE ABLE TO EXPEDITE THIS FOR THE SAKE OF THE COMPLAINANT.
AND I KNOW THAT SCHEDULES FOR, FOR YOU AND MS. W ALSO IMPINGE ON THIS.
SO, UH, SO THAT IS TO SAY, DOES ANYBODY
THREE, TWO OUTTA FOUR, THREE OUTTA FIVE.
UM, SO WE HAVE, WE HAVE PROBABLY THREE OUT OF FIVE SAY RIGHT NOW.
THERE'S THE, THERE'S POTENTIALLY THE FIVE.
SO DO WE FEEL GOOD ABOUT, UM, SETTING UP THE MEETING? WHAT IS YOUR AVAILABILITY? UH, MS. WAX? I'LL BE HERE IF I'M ORDERED TO BE HERE.
SO I'LL, I'LL CANCEL MY, WHAT I HAVE SCHEDULED.
UH, WE APPRECIATE THAT ON BEHALF OF THE, UH, COMPLAINANT.
UH, AND, UH, FRED? YES, I CAN BE HERE.
CAN WE TENTATIVELY SCHEDULE THAT THEN FOR, UH, NEXT THURSDAY? YES.
AND IN THE MEANTIME, UH, CAN I ASK YOU TO DISTRIBUTE THE, UH, TRANSCRIPTS AND, UM, RECOMMENDATIONS TO THE COMMISSIONERS? I'M HESITANT TO RECOMMEND THAT THE TRANSCRIPTS BE PROVIDED SINCE THEIR DECISION NEEDS TO BE MADE BASED UPON YOUR FINDINGS AND YOUR ORDER THAT'S PROVIDED, AS OPPOSED TO RE-LITIGATING THE ENTIRE CASE.
YOU GUYS WERE APPOINTED TO HEAR THE MATTER ON BEHALF OF THE FULL COMMISSION.
[00:15:01]
IF YOU'D RATHER YOU GUYS NOT MAKE A DECISION AND LEAVE IT UP TO THE FULL COMMISSION TO BE THE HEARING OFFICERS, WE CAN DO THAT.AND THEN THEY WOULD RECEIVE THE TRANSCRIPT AND BASICALLY RE-LITIGATE THE ENTIRE CASE ALL OVER AGAIN.
AND I DON'T KNOW THAT THAT'S SOMETHING THAT WOULD BE PROPER.
I THINK SINCE YOU GUYS WERE APPOINTED AS HEARING OFFICERS, THE TRANSCRIPT WAS, IS TO BE UTILIZED BY YOU AND MAKING YOUR DECISION TO BE FORWARDED TO THE FULL COMMISSION SINCE THEY PUT THEIR FAITH IN YOU AS HEARING OFFICERS TO PROVIDE THEM WITH THE DECISION.
UH, AND I ECHO, UH, THERE HAVE BEEN I THINK ONLY THREE HEARINGS, UH, IN THE TIME THAT I'VE BEEN THE INVESTIGATOR.
AND IN NONE OF THOSE CASES WAS A TRANSCRIPT FUR FURNISHED TO THE ENTIRE COMMISSION.
UH, THE HEARING OFFICERS ARE RESPONSIBLE FOR RELAYING THEIR RECOMMENDATIONS AND STATING THEIR REASONS, BUT, UH, AND I DON'T HAVE ANY OBJECTION TO IT.
I JUST WANNA SAY IT'S NOT, THAT WOULD BE A PRECEDENT.
AGREE COMPLETELY WITH THAT REASONING.
UM, SO WE WOULD BE, UH, DISTRIBUTING THE, UH, HEARING OFFICER'S RECOMMENDATIONS, THEN.
I I THINK THAT LOGIC IS COMPLETELY CORRECT AND IS THE FIRST ONE THAT I'VE DONE.
SO ARE YOU IN CONCURRENCE WITH THEM? ABSOLUTELY, YES.
WE, WE DON'T NEED TO, UH, KNOW WHAT THAT, UH, DECISION IS OR THE REASON UNTIL THE TIME OF THE MEETING, THEN I ASSUME, IS THAT CORRECT? WOULD THEY RECEIVE THE RECOMMENDATIONS AHEAD OF TIME IN THE AGENDA AND PACKET THAT'LL BE PROVIDED TO YOU PRIOR TO THE MEETING? WE'LL PROVIDE ALL THAT INFORMATION, WHICH ALSO HAS THEIR, THEIR FINDINGS AND WHAT THE, WHAT THAT'S BASED UPON.
SO YOU'LL KNOW THAT IN ADVANCE OF THE HEARING NEXT THURSDAY.
IF IT'S ANY CONSOLATION, IT'S NOT A LENGTHY REPORT ON THE, UH, THE FINDINGS.
AND, UH, JUST TO REMIND THE OLD COMMISSIONERS AND, AND, UH, INFORM THE NEW COMMISSIONERS.
THIS CASE HAS BEEN WITH US SINCE AUGUST OF LAST YEAR.
UH, WHAT HAPPENED? WE FIRST SERVED NOTICE ON THE WRONG COMPANY.
WE WERE INFORMED, UH, WRONGLY INFORMED BY THE COMPLAINANT, WHO THE EMPLOYER WAS.
IT WAS ACTUALLY A, UH, AN EMPLOYMENT FIRM THAT HANDLES EMPLOYEES FOR A LOCAL OPERATION.
YOU KNOW, YOU, YOU WOULD'VE EXPECTED THAT THEY WOULD'VE FORWARDED AND SAID, OH, IT'S THE WRONG PERSON, YOU KNOW, SEND IT BACK.
THEY NEVER, NEVER HEARD FROM THEM.
SO THEN WE FILED ON THE EMPLOYMENT FIRM.
AND SO FOLLOWING THE RULES OF THE COMMISSION, UH, THEY DID NOT SHOW UP AT THE HEARING.
THEY DID NOT FILE THE RESPONSE AS REQUIRED.
SO FOLLOWING THE RULES OF THE COMMISSION AND, AND THE, THE CODE, UH, THE, UH, WE HAD TO, THE HEARING OFFICERS, UH, ARE REQUIRED TO ACCEPT THE ALLEGATIONS AS TRUE.
SO THAT'S WHY IT'S, UH, THE OTHER COMMISSIONERS ARE KIND OF AWARE OF THE BACKGROUND OF THAT.
SO I WANTED EVERYBODY TO BE AWARE OF, OF THE BACKGROUND OF THAT CASE.
ANY MORE QUESTIONS ON THAT ONE BEFORE WE MOVE AHEAD? I KNOW IT'S ALL NEW TO, TO MANY OF YOU.
UH, THE NEXT 1, 2 4 0 3 2 6, UH, FILED MARCH 26TH.
IF YOU'RE CLEVER, YOU'LL NOTICE THAT THE, THE CASE NUMBER IS THE SAME AS THE DATE IN WHICH THE CASE WAS FILED.
UM, IS AGE DISCRIMINATION IN EMPLOYMENT.
UM, THAT CAME IN ON MARCH 26TH.
UM, I CONDUCTED THE INITIAL INTERVIEW ON APRIL 3RD, CONCLUDED THAT THERE WAS REASONABLE SUSPICION OF A VIOLATION.
THAT DOESN'T MEAN A VIOLATION.
THAT MEANS THAT, YEAH, THERE'S A, THERE'S A, A REASONABLE SUSPICION THAT THERE WAS A VIOLATION.
UH, WE THEN, UH, SIGNED, SIGNED THE CHARGE, HAD IT NOTARIZED, AND IT WAS SENT TO THE RESPONDENT VIA CERTIFIED MAIL.
THE RESPONDENT DID RECEIVE IT HAS 30 DAYS TO, TO REPLY, AND I BELIEVE THAT 30 DAYS RUNS OUT, UH, NEXT THURSDAY, ALSO THE DAY THAT WE'RE HAVING OUR SPECIAL MEETING.
UH, SO I EXPECT TO BE HEARING SOMETHING WITHIN THE NEXT WEEK FROM THEM.
THE NEXT IS A SERIES OF CASES THAT CAME IN ON APRIL 15TH, 2024.
UH, IT, THE COM COMPLAINANT IN THIS CASE
[00:20:01]
BASICALLY CHECKED EVERY BOX ON THREE FORMS,UH, SO THERE WAS DISCRIMINATION, SEXUAL HARASSMENT, AND RETALIATION IN EMPLOYMENT, IN HOUSING, IN PUBLIC ACCOMMODATIONS.
AND THE BASIS OF THE DISCRIMINATION WERE CHECKED AS RACE, RELIGION, MARITAL STATUS, CITIZENSHIP STATUS, SEX, NATIONAL ORIGIN, AND AGE.
UH, WAS ALSO CLEAR FROM READING, ALTHOUGH IN SOME CASES THE RESPONDENTS WERE NOT NAMED ON THE RESPONDENT LINE, THAT, THAT THERE WERE MULTIPLE PERSONS AND ORGANIZATIONS WHO HAD ALLEGATIONS AGAINST THEM.
UH, THE, UH, CHARGE CONSISTED OF 80 PLUS PAGES, INCLUDING HANDWRITTEN LETTERS TO OTHER PUBLIC OFFICIALS WHO HAD NOTHING TO DO WITH THE COMMISSION.
UH, AFTER DISCUSSING WITH, UH, WITH MS. ROGERS, I, I SAID, HONESTLY, MANY OF THESE PERSONS AGAINST THESE ALLEGATIONS ARE MADE.
AND ORGANIZATIONS ARE EITHER PLACES THAT I DO BUSINESS WITH AS AN INDEPENDENT CONSULTANT OR PEOPLE THAT I KNOW PERSONALLY AND HAVE FRIENDSHIPS WITH.
AND I COULD NOT DO A FAIR JOB OF INVESTIGATING THAT.
AND WHEN WE GET SITUATIONS LIKE THAT, AND THAT HAS HAPPENED A FEW TIMES, UH, WE ALWAYS REFER THOSE TO THE STATE OF ILLINOIS DEPARTMENT OF HUMAN RIGHTS, WHICH HAS A, UH, YOU KNOW, SIMILAR LEGISLATION FOR BIDDING DISCRIMINATION, AND, UH, SUGGEST THAT THE COMPLAINANT CONTACT THEM WITH THEIR ISSUE.
SO THAT'S, SO THEY WERE REFERRED TO IDHR, AND I HAVEN'T HEARD ANYMORE ABOUT IT.
ANY QUESTIONS ON THOSE TWO CASES? THAT LAST ONE, UH, WOULD THAT COME BACK THROUGH OUR COMMISSION AFTER IT WENT TO THE STATE OR NO? IS OR WERE, WERE HAND OR HANDS ARE WASHED OF THAT WHEN THEY GO TO THE STATE? YEAH.
THE STATE HAS ITS OWN, UH, MECHANISM FOR INVESTIGATION AND ENFORCEMENT OF PENALTIES.
SO, AND WE'LL GET TO DUAL FILING LATER,
SO, ANY, ANY QUESTIONS ON THAT? SHOULD I, ARE THERE ANY QUESTIONS OF OUR INVESTIGATOR? OKAY.
IN CASE WE THANK YOU FOR, UH, A THOROUGH EXPLANATION OF WHAT'S GOING ON.
UH, SOME THINGS OUT OF THE, OUT OF THE USUAL, BUT, UM, WE HAVE TO TAKE THEM AS THEY'RE FILED.
UH, UNDER UNFINISHED BUSINESS, WE HAVE, UH, A RETURN TO, UH, EVALUATION OF, UM, CHAPTER 28 OF THE CITY CODE, UH, THAT EMPOWERS THE, UH, COMMISSION.
AND THE FIRST ITEM THERE, YOU SEE, IS DUAL FILING.
SO THIS DOVETAILS RATHER WELL, UH, FRED? YES.
UH, SO AGAIN, UH, A BRIEF EXPLANATION OF WHAT WE'RE DOING HERE.
UH, AT THE REQUEST OF, UH, NOW THE FORMER CITY MANAGER, UH, MR. WRIGHT AND THE COM COMMISSION FOR THE PAST SEVERAL MONTHS NOW, HAS BEEN COMBING THROUGH CHAPTER 28 OF THE CITY CODE, WHICH IS THE CHAPTER THAT ENABLES THE COMMISSION AND THAT OUTLAWS DISCRIMINATION AND SEXUAL HARASSMENT, UH, WITHIN THE CITY OF DECATUR.
UH, THAT CODE HAS NOT BEEN LOOKED AT IN A FEW YEARS.
SO THE, THE, THE MANAGER ASKED THE COMMISSION TO, TO WORK THROUGH THAT, AND WHEN THE COMMISSION HAD FINISHED ITS WORK TO SUBMIT IT TO MS. W AND THEN ULTIMATELY TO THE CITY COUNCIL FOR APPROVAL.
UH, SO WHAT WE'VE BEEN DOING IS LOOKING AT OUR OWN CODE AND THEN LOOKING AT SIMILAR CODES FROM COMPARABLE CITIES.
WE'VE LOOKED AT, UH, BLOOMINGTON NORMAL, CHAMPAIGN URBANA, DANVILLE, PEORIA, AND TO SOME EXTENT SPRINGFIELD.
ALTHOUGH SPRINGFIELD IS A LITTLE BIT, UH, DIFFERENT IN TERMS OF IT'S, IT'S MORE RULES OF PROCEDURES RATHER THAN A CITY ORDINANCE.
UH, AND SO WE'VE SEEN WHERE, WHERE THEY DIFFER, WHERE OTHER CITIES MIGHT DO THINGS DIFFERENTLY.
AND IN EVERY CASE, UH, I'VE KINDA LAID OUT, HERE'S WHAT WE DO, HERE'S WHAT SAY DANVILLE DOES.
HERE'S WHAT NORMAL DOES, WHAT DO YOU AS A COMMISSION FEEL? AND SOMETIMES YOU'VE SAID, WE NEED TO STAY WITH WHAT WE'RE DOING.
SOMETIMES YOU'VE SAID, OH, THAT'S A GOOD IDEA.
UH, AND WE'RE, UH, PRETTY WELL INTO THAT PROCESS.
SO WHEN WE DO OUR ORIENTATION, WE WILL KIND OF MARCH THROUGH WHAT WE'VE
[00:25:01]
DONE SO FAR IN TERMS OF OUR RECOMMENDATIONS.REMEMBER THAT EVERYTHING YOU DO AS A COMMISSION IS SIMPLY A RECOMMENDATION.
YOU DON'T HAVE THE POWER TO CHANGE THE CITY CODE.
YOU DO HAVE THE, THE POWER AND PROBABLY THE RESPONSIBILITY TO RECOMMEND THINGS THAT, THAT YOU THINK WOULD MAKE THE CODE BETTER.
ANY QUESTIONS ON, ON THE PROCESS ITSELF? UH, TODAY, WE'VE, WE'VE ASKED MS. WAX TO, TO ATTEND OUR MEETING BECAUSE THERE WERE THREE ISSUES THAT WE FELT WE NEEDED TO GET HER INPUT ON.
UH, AND, UH, ONE WAS DUAL FILING.
DUAL FILING REFERS TO WHEN AN INDIVIDUAL HAS A COMPLAINT AND THEY FILE IT WITH US, WITH THE CITY OF DECATUR HUMAN RELATIONS COMMISSION, AND ALSO FILE IT WITH ANOTHER GOVERNMENT BODY SOMEPLACE ELSE.
IT COULD BE THE ILLINOIS DEPARTMENT OF HUMAN RIGHTS.
IT COULD BE THE FEDERAL EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, EEOC.
IT COULD BE UNDER THE AMERICANS WITH DISABILITY ACT, WITH, WITH THE FEDERAL AUTHORITIES, WITH A DA OR THE STATE.
ALSO HANDLES, HAS A DISABILITY ACT.
SO IT ISN'T JUST THE DEPARTMENT OF HUMAN RIGHTS, JUST ANY OTHER AGENCY THAT HAS, UM, SIMILAR LEGISLATION, SIMILAR PROCESSES, UH, IN THE PAST, UH, AND FOLLOWING THE LEAD OF, OF, UH, MR. BARMY, UH, WE HAVE ALLOWED THIS, UH, IT GETS A, IT'S BEEN A LITTLE TRICKY AT TIMES BECAUSE I, WITH EEOC, THE FEDERAL EEOC, THEY WILL NOT COMMUNICATE WITH ME.
SO I DON'T KNOW WHAT THEY'RE DOING UNLESS THE COMPLAINANT SAYS, EEO C'S HAVING A MEETING, YOU KNOW, IN CHICAGO, AND I'VE GOTTA GO.
UH, THE STATE, UH, IS MORE WILLING TO, TO SHARE INFORMATION.
WHAT HAS HAPPENED ON A KIND OF AN INFORMAL BASIS IS IF I'M AWARE THAT EITHER EEOC OR THE STATE OR SOMEBODY ELSE IS PROCESSING THE CASE, I PUT IT ON THE BACK BURNER, SAY, WE'RE GONNA WAIT AND SEE WHAT THEY DO, BECAUSE THEY'RE MOVING ON THIS AND WE WON'T DO ANYTHING UNTIL THEY DO.
UH, THE REASON FOR THAT IS WHENEVER ONE OF THESE IS SETTLED, UH, THE PARTIES, UH, ALWAYS, ALWAYS AGREE THAT ALL CASES ARE SETTLED AT ONCE.
THEY DON'T SAY, SO THE DEPARTMENT OF HUMAN RIGHTS, LET'S SAY THERE'S A CASE THAT'S BETWEEN US AND THE DEPART BEFORE US AND THE ILLINOIS DEPARTMENT OF HUMAN RIGHTS, AND LET'S SAY THEY REACH A SETTLEMENT AT THE DEPARTMENT OF HUMAN RIGHTS.
AND IN THIS CASE, THE RESPONDENT SAYS, I'M GONNA PAY YOU $10,000 TO SETTLE THIS CLAIM.
THE RESPONDENT IN THIS CASE IS NOT GONNA SAY, OH, THAT'S FINE.
NOW LET'S GO HEAR THIS BEFORE THE CITY OF DECATUR AND SEE WHAT WE GET OUTTA THAT
UH, THEY'RE GONNA SAY, WE'RE GONNA HAVE WHAT'S CALLED A GLOBAL SETTLEMENT, WHICH MEANS WE'RE GONNA SETTLE ALL CASES AT ONCE, AND YOU WILL NOT BE ALLOWED TO BRING THIS CASE AGAIN BASED ON THIS SET OF CIRCUMSTANCES EVER AGAIN AGAINST ME.
AND IF YOU'RE AN EMPLOYER, THAT'S WHAT YOU'D WANT.
IF YOU'RE A LANDLORD, THAT'S WHAT YOU'D WANT.
UH, YOU JUST WANT IT OVER AND DONE WITH.
YOU FOLLOW WHAT I'M SAYING? SO, SO IN THE PAST, WE'VE ALLOWED THAT TO HAPPEN, BUT IF, IF SOMEBODY ELSE IS GOING AHEAD, THEN, THEN WE PAUSE.
IF THEY'RE NOT GOING AHEAD, THEN, THEN WE MOVE FORWARD.
IF IT'S SETTLED AT OUR LEVEL, THEN THEY WITHDRAW THE CASES, THE OTHER CASES, UH, SO IT'S BEEN, UH, AND, AND OUR CODE IS ABSOLUTELY SILENT ON THIS.
SO OUR CODE DOES NOT SAY ANYTHING, UH, IN DISCUSSING WITH, UH, OTHER CITIES, UH, WE FOUND SOME LANGUAGE.
SOME, SOME OF THEM DO DEAL WITH IT.
AND I THINK YOU GOT A HANDOUT, UH, CALLED LANGUAGE REGARD REGARDING DUAL FILING.
AND AFTER I, I DO THIS, THEN I'M GONNA ASK AMY TO COME BACK UP AND, AND GIVE HER INPUT ON THIS, UH, BLOOMINGTON AND NORMAL, ESSENTIALLY BAN, DUAL FILING.
THEY SAY IF YOU FILED ELSEWHERE, WE'RE NOT GONNA HANDLE A CASE.
UH, NORMALS IS A LITTLE BIT MORE INCLUSIVE.
UH, BLOOMINGTON TALKS ABOUT THE ILLINOIS DEPARTMENT OF HUMAN RIGHTS AND EEOC AND HUD, WHICH IS RESPONSIBLE FOR FAIR HOUSING, THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
UH, NORMAL SAYS, DEPARTMENT OF HUMAN RIGHTS, EQUAL OPPORTUNITY EMPLOYMENT COMMISSION, OR OTHER SIMILAR FEDERAL OR STATE GOVERNMENTAL BODY WITH THE POWER TO RECEIVE, INVESTIGATE, AND ADJUDICATE COMPLAINTS OF UNLAWFUL DISCRIMINATION.
THEIRS IS A LITTLE BIT BROADER.
[00:30:02]
IN ESSENCE, DOES THE OPPOSITE.THEY, THEY LAY OUT KIND OF AN AGREEMENT WITH THE DEPARTMENT OF HUMAN RIGHTS.
THEY DON'T SAY ANYTHING ABOUT EEOC OR ANYBODY ELSE.
UH, AND, AND THEY DEFINE WHEN DANVILLE WILL TAKE THE LEAD AND WHEN THE DEPARTMENT OF HUMAN RIGHTS WILL TAKE THE LEAD.
SO THAT'S ONE THAT I, WE WANTED TO GET SOME INPUT FROM LEGAL COUNSEL ON.
YOU WANNA, OR I COULD DO ALL THREE OF 'EM.
CASE THAT'S
UM, SO FRED DID IN FACT, UM, ASK WHAT THE LEGAL DEPARTMENT'S OPINION WOULD BE, AND I'VE LOOKED THROUGH ALL OF THE THREE DIFFERENT, UH, COMMUNITIES THAT HE PROVIDED.
UM, WHILE WE CURRENTLY DON'T HAVE A SPECIFIC, OR WE DON'T SPECIFICALLY HAVE ORDINANCE LANGUAGE, WELL, WE BASICALLY HAVE BEEN DOING IS WHAT FRED HAS, UM, ADVISED YOU.
WE, IF THEY FILE IN MULTIPLE DIFFERENT ENTITIES, THEIR COMPLAINT, WE PUT OURS ON HOLD, KIND OF JUST WAITING TO SEE WHAT THE OTHER, UM, ENTITIES DO.
UM, I, I'M LEANING TOWARDS RECOMMENDING WHAT NORMAL DOES BECAUSE I THINK THAT OUR RESOURCES, I THINK THE OTHER DEPARTMENTS HAVE BETTER RESOURCES IN ORDER TO PUT FORWARD ON THESE TYPES OF COMPLAINTS.
I UNDERSTAND IF AN INDIVIDUAL IS JUST FILING HERE IN DECATUR, ABSOLUTELY.
WE THROW OUR FULL WEIGHT UP INTO THE CASE.
IF THEY'RE FILING IN EVERY SINGLE DIFFERENT TYPE OF POSSIBLE, UM, ENTITY, I THINK THAT OUR RESOURCES WOULD BE BETTER SPENT UTILIZING THEM SOMEWHERE ELSE ON SOMEBODY ELSE'S CASE IF EVERY OTHER DEPARTMENT THAT THEY COULD FILE WITH IS INVESTIGATING.
BUT THAT WOULD JUST BE MY RECOMMENDATION.
AND, UH, I ACTUALLY CONCUR WITH THAT.
UH, YOU MIGHT REMEMBER, UH, I JUST REMEMBERED THIS JUST A FEW MONTHS AGO.
THERE WAS A CASE WHERE SOMEBODY FILED AND THEY'D ALREADY BEEN DENIED BY THE EEOC, AND, AND WE MADE THE DECISION, NO, WE'RE NOT GONNA, WE'RE NOT GONNA PICK UP THIS CASE IF THEY, IF THEY HAVEN'T FOUND DISCRIMINATION, WE'RE NOT GONNA RETRACE THE STEPS.
AND THAT WOULD SEEM LIKE A BAD USE OF RESOURCES ALL AROUND.
SO, UH, SO THAT'S, UH, SO THE RECOMMENDATION THEN IS THAT WE ADOPT OR INSERT LANGUAGE SIMILAR TO WHAT NORMAL HAS.
SO IT'S TIME FOR THE COMMISSION TO DISCUSS NOW.
AND ANYONE, UH, WANT TO OPEN UP DISCUSSION ON WHAT WE'VE HEARD.
UH, I WOULD CONCUR WITH OUR INVESTIGATOR AND OUR ATTORNEY ON THIS.
UH, THEY HAVE EXPERIENCE AND, AND HAVE LOOKED INTO THIS, UH, CAREFULLY.
I WOULD JUST, I WOULD SUPPORT THE RECOMMENDATION.
IT JUST SEEMS TO ME THAT WE'RE JUST AFFIRMING WHAT WE'VE ALREADY BEEN DOING.
SO I DON'T SEE ANY REASON TO CHANGE.
WELL, WE'RE ACTUALLY CHANGING A LITTLE BIT BECAUSE WE'RE SAYING, WE'RE SAYING IF YOU FILED WITH THEM, WE'RE NOT GONNA HANDLE YOUR CASE.
WE'RE, I THINK I'D LIKE IT TO SPECIFY THAT, UH, WE WOULDN'T TAKE IT UP IF THE, THE STATE WAS DOING IT.
AND TO ADD THAT IF YOU, UH, GET SOME RESOLUTION FROM ANOTHER AGENCY, THEN YOU CANNOT, UH, BACKDOOR, UH, DUAL FILE WITH US AGAIN, IF YOU DON'T GET THE, UH, RE UH, RECOMMENDATION THAT, THAT YOU WANT, YOU CAN'T JUST COME BACK HERE A SECOND TIME AND, AND DO THAT.
AND I THINK IT'D BE GOOD IF WE HAD LANGUAGE SPECIFYING THOSE THINGS.
WELL TAKE A LOOK AT THE LAST SENTENCE IN NORMALS AND SEE IF THAT COVERS THAT.
YEAH, I GUESS THAT DOES INCLUDE, UH, E EITHER, UH, GETTING A, UM, AN UNSATISFACTORY, UH, VERDICT.
AND YOU KNOW, AMY'S RIGHT, I MEAN, THE OTHER, THE OTHER AGENCIES HAVE FULL-TIME STAFF DEVOTE TO THIS.
THEY HANDLE, YOU KNOW, HUNDREDS OF COMPLAINTS.
THEY HAVE MORE RESOURCES, WE HAVE MORE SPEED.
I MEAN, YOU KNOW, SO IF SOMEONE'S TRYING TO FIGURE OUT, YOU KNOW, WHERE TO GO, THEY'RE PROBABLY GONNA GET A FASTER RESOLUTION, EVEN THOUGH, YOU KNOW, SOME OF THESE CASES HANG AROUND FOR A WHILE, BUT, BUT IT'S STILL GONNA BE FASTER THAN THEY'RE GONNA GET WITH THE STATE OF THE FEDS.
DO WE HAVE A CONSENSUS THEN ON INCLUDING LANGUAGE, UH, REFLECTING NORMAL'S, UM, CLAUSE ON THIS? MY ONLY QUESTION IS, UM, DO WE WANNA INCLUDE ANYTHING ELSE THAT, UM, UH, WOULD, UH, COVER THE CASE, LIKE YOU MENTIONED
[00:35:01]
BEFORE, WHERE WE DON'T FIND OUT ABOUT IT? UM, UM, YOU KNOW, UH, OR CAN WE SAY ANYTHING THAT, OR ASKING PEOPLE TO, WHEN THEY FILE WITH US TO HAVE A CHECK SOMEPLACE THAT THEY HAVEN'T FILED ANY PLACE ELSE, WOULD THAT BE PERMISSIBLE? YEAH, WE CAN'T DO THAT WITH EEOC.EVERYTHING IS, IS, UH, CONFIDENTIAL WITH THEM.
WE DO ASK ON THE INITIAL FORM, WHICH IS CALLED THE, YOU MAY FILE FORM, I, YOU MIGHT HAVE REMEMBERED THAT.
UH, HAVE YOU FILED THIS WITH EEOC, IDHR OR ANYBODY ELSE? OKAY.
AND I'LL DOUBLE CHECK THAT WORDING TO MAKE SURE IT, IT'S, IT'S BEYOND JUST, UH, 'CAUSE WE CAN ALTER THAT FORM WITHOUT GOING TO CITY COUNCIL.
IF, IF WE NEED TO TO SAY OR ANYBODY ELSE, UH, WE CAN, WE CAN ADD THAT AS WELL.
UH, AND FROM NOW ON, WHAT I CAN INFORM THEM IF THEY SAY THEY HAVE IS I CAN SIMPLY CALL THEM AND SAY, YOU KNOW, WE CAN'T HANDLE THIS CASE BECAUSE IT'S, IT'S PROHIBITED BY OUR, OR ONCE THE, ONCE I, ONCE THE ORDINANCE IS, IS AMENDED.
SO THE CONSENSUS THEN IS TO DO NORMAL.
UH, BY THE WAY, I JUST KIND OF CONSULTED WITH, WITH PENNY AND, UH, NO LATER THAN QUARTER TILL.
WE NEED TO END THIS DISCUSSION AND MOVE TO YOUR NEXT ITEM OF BUSINESS BECAUSE, UH, SO I'D LIKE TO AT LEAST GET THROUGH THE, THE THREE ITEMS THAT WE ASKED MS. WAX TO BE HERE.
UH, EVERYTHING ELSE CAN, CAN, CAN WAIT TILL OUR NEXT TILL NEXT MONTH.
UH, THE SECOND ONE WAS CONFIDENTIALITY.
UH, AGAIN, OUR CODE DOES NOT STATE CONFIDENTIALITY.
UH, OUR PRACTICE, HOWEVER, IS PRETTY MUCH IN LINE WITH WHAT, UH, OTHER CODES SAY.
YOU'VE GOT SOME LANGUAGE THERE.
ORDINANCES OR ORDINANCE LANGUAGE AND EMAILS REGARDING CONFIDENTIALITY.
UH, IF ANYBODY NEEDS DIDN'T GET ONE, I CAN, I HAVE EXTRA.
SO, UH, NORMAL AND, AND URBANA AND DANVILLE ADDRESS IT TO, IN, IN DIFFERENT WAYS.
UH, WHAT WE, OUR PRACTICE HAS BEEN THAT WHEN A PERSON FILES A CHARGE, THAT IS CONSIDERED CONFIDENTIAL, UH, BETWEEN THE RESPONDENT, THE COMPLAINANT, MYSELF, AND THE STAFF OF, OF HR, BECAUSE I, I CONSULT WITH, WITH PENNY AND WITH OTHER STAFF MEMBERS AS, AS NEEDED.
UH, SO I'M NOT TOTALLY OUT THERE ON MY OWN ON, AS I'M DOING THE INVESTIGATION.
THE COMMISSION, ALL YOU KNOW, IS, IS THESE MONTHLY REPORTS, WHICH NEVER NAME ANYBODY.
HOWEVER, WHEN AN ITEM BECOMES, SO AFTER A FINDING OF, UH, PROBABLE CAUSE, SO THAT'S WHAT THE INVESTIGATION DOES.
THE INVESTIGATION DETERMINES WHETHER OR NOT THERE'S PROBABLE CAUSE.
IF THERE IS PROBABLE CAUSE, IMMEDIATELY THERE'S AN OFFER FOR BOTH SIDES.
DO YOU WANNA NEGOTIATE THIS? IF ONE PARTY SAYS NO, OR IF BOTH PARTIES SAY NO, OR IF BOTH PARTIES SAY YES AND THEY MEET AND THEY CAN'T SOLVE IT, THEN WE CALL FOR A PUBLIC HEARING.
AND, AND AT THAT, AT THAT POINT, A PUBLIC HEARING IS SET.
THERE'S A HEARING NOTICE WITH THE NAMES OF THE PARTIES ON IT.
UH, AND ALTHOUGH AT THAT POINT SO FAR, I DON'T THINK I'VE NOTIFIED THE COMMISSION OF THE NAMES OF THE PARTIES, EVEN THOUGH IT'S THE PUBLIC HEARING HAS BEEN SET.
UH, BUT ONCE THERE'S A PUBLIC HEARING, THE PUBLIC HEARING IS POSTED WITH THE NAMES OF THE PARTIES, RIGHT? MM-HMM.
AND IS THE COMPLAINT A MATTER OF PUBLIC RECORD? YES.
SO THAT IS DISCOVERABLE BY THE MEDIA OR ANYBODY WHO WANTS TO, TO KNOW.
SO WHAT I'M HEARING, UH, THAT'S WHY I'M GLAD YOU'RE HERE, IS AT THAT POINT, AT THE POINT THAT THE COMPLAINT IS FILED, THE COMMISSION COULD BE NOTIFIED, COULD BE TOLD WHO'S INVOLVED, CORRECT? YEAH.
SO, UH, SO IT'S A MATTER OF, OF, OF DECIDING WHETHER WE WANT TO CODIFY THAT IT'S PUT INTO CODE THAT PROCESS.
YOU, YOU WANT COMMENTS ON THAT TODAY? WELL, I THINK THE MOST IMPORTANT PART OF THIS IS THE CONFIDENTIALITY PORTION UP TO THE POINT WHERE A COMPLAINT MAY BE FILED.
[00:40:01]
UM, IN ALL HONESTY, THAT CONFIDENTIALITY IS GOING TO REVOLVE NOT AROUND YOU GUYS, BUT AROUND STAFF.SO I DON'T KNOW THAT, YEAH, IT'S A MATTER WHETHER I SHARE WITH THE COMMISSION, YOU KNOW, THE NAMES OF THE PARTIES, BECAUSE THAT BECOMES PUBLIC RECORD.
'CAUSE YOUR MEETING IS PUBLIC, AND ONCE THE COMPLAINT IS FILED, THAT IS ALSO A PUBLIC RECORD THAT CAN BE DISCOVERABLE.
SO I DON'T, WHILE I THINK IT'S IMPORTANT TO EMPHASIZE CONFIDENTIALITY, I DON'T, I THINK THE MORE, UM, PRESSING CONCERN IS WHAT YOU GET TO IN YOUR NEXT POINT REGARDING REVIEWS OF DISMISSALS.
YOU KNOW, HE'S DONE HIS INVESTIGATION AND JUST DOESN'T SEE, IT DOES NOT RECOMMEND THAT THE HUMAN RELATIONS COMMISSION CALL THIS FOR A HEARING.
SO A COMPLAINT DOESN'T GET FILED.
THE COMPLAINANT CAN THEN FILE A PETITION WITH THE HEARING, WITH THE FULL HUMAN RELATIONS COMMISSION REQUESTING THAT YOU GUYS OVERTURN WHAT THE INVESTIGATOR'S DECISION HAS BEEN AND THAT A COMPLAINT BE FILED AS OPPOSED TO BEING DISMISSED.
AND SO FRED HAS TALKED ABOUT REVIEWS OF DISMISSAL.
WHAT DOES THAT DO WITH CONFIDENTIALITY? BECAUSE AT THAT POINT, IT HASN'T REACHED THE LEVEL OF COMPLAINT.
SO IT'S NOT A PUBLIC RECORD, BUT THE COMPLAINANT'S COMING BEFORE YOU GUYS IN AN OPEN FORUM AND SAYING, I NEED YOU GUYS TO HEAR ALL MY EVIDENCE.
AND FROM EXPERIENCE, FRED AND I BOTH HAVE EXPERIENCED AN INDIVIDUAL WHO SAID, AND IT'S CONFIDENTIAL.
SO EVEN THOUGH IT'S OPEN, IT'S NOT OPEN, HOW ARE YOU GONNA GET AROUND? THAT WAS KIND OF THE ATTITUDE OF THE, THE SITUATION.
SO I THINK THAT WHAT WOULD BE A GOOD IDEA, AT LEAST ON THE REVIEWS OF DISMISSALS, THAT THERE BE LANGUAGE ADDED THAT, AND OUR PRACTICE HAS BEEN, EVEN THOUGH THE, THE CODE IS SILENT AS TO WHETHER OR NOT THE COMMISSION CAN HEAR REVIEWS OF DISMISSALS, I THINK IF YOU GUYS DECIDE THAT THOSE CAN BE REVIEWED AS WE'VE ALLOWED IN PRACTICE, WE ABSOLUTELY HAVE TO PUT LANGUAGE IN THERE THAT THEY WAIVE CONFIDENTIALITY IF THEY FILE FOR A REVIEW.
SO, SO I I DO HAVE A, A I UNDERSTAND THAT.
I DO HAVE A QUESTION BECAUSE THERE'S TWO PARTIES INVOLVED.
UH, THERE'S A RESPONDENT AS WELL.
THE RESPONDENT, IF THE, IF I DISMISS IT EARLY IN THE PROCESS, THE RESPONDENT MAY NOT EVEN KNOW THERE'S A CASE OUT THERE AND, AND THEY THEN ARE BEING PUBLICLY ACCUSED OF SOMETHING THAT THEY MAY NOT HAVE DONE.
SO THE QUESTION IS THEN HOW DO WE HANDLE THAT? SO THERE'S KIND OF TWO, TWO ISSUES.
ONE IS, UH, YOU KNOW, WAIVING CONFIDENTIALITY FOR THE PURPOSES OF THE REVIEW OF THE HEARING.
THE OTHER IS, UH, HOW DO WE, UH, RESPECT THE RIGHTS OF THE RESPONDENT AGAINST BEING, YOU KNOW, ACCUSED IN PUBLIC OF SOMETHING THAT THEY MAY NOT HAVE DONE.
UH, SO IT'S, IT'S KIND OF A, A STICKY WICKET.
UH, WE, WE CAN, UH, WE CAN WRITE INTO THE CODE, YOU KNOW, THAT THE CASES ARE CONFIDENTIAL UNLESS CONFIDENTIALLY AS WA WAIVED BY EITHER PARTY.
AND I'M GONNA THROW ANOTHER, UH, I'LL WAIT TILL WE, WE HAD A CASE WHERE A CASE WAS UNDER, UH, I HAD FOUND REASONABLE SUSPICION.
THE CASE IS UNDER INVESTIGATION.
NOBODY ON THE COMMISSION OR ANYWHERE KNOWS ANYTHING ABOUT THE CASE OTHER THAN IN THIS CASE, PENNY AND I, I THINK THE RESPONDENT KNOWING THAT THEY'RE BEING INVESTIGATED, COMES TO AN OPEN MEETING OF THE HUMAN RELATIONS COMMISSION AND SAYS, GET RID OF THIS CASE.
UH, THE COMMISSION IS LOOKING AT EACH OTHER SAYING, WE HAVE NO IDEA WHAT YOU'RE TALKING ABOUT.
WE DON'T KNOW WHAT CASE YOU'RE TALKING ABOUT.
UH, I MEAN, IN THAT, THAT'S NOT A, IN THAT CASE, THAT KIND OF BLEW THEIR OWN COVER.
I GUESS WE DON'T HAVE TO WORRY ABOUT THAT.
UH, FRED, WE ARE AT FOUR FORTY FIVE
[00:45:01]
BY MY, UH, PHONE.SO LET'S SEE HOW YOU WANT TO PROCEED IT.
WHAT WE PROBABLY NEED TO MOVE, UH, MOVE ON TO THE NEXT ITEM, OR UNLESS YOU WANNA CONTINUE THIS DISCUSSION, UH, IN A, A MONTH.
HENCE THAT'S, I, I CAN COME BACK NEXT MONTH TO DISCUSS IT MORE FURTHER.
WHY DON'T WE SUSPEND THIS DISCUSSION, DO OUR OTHER BUSINESS, AND IF THERE'S TIME COME BACK TO IT.
IT'S, IT'S IMPORTANT, BUT, UH, I THINK STATUTORILY WE MIGHT WANT TO, UH, GET TO THE NEW BUSINESS.
THANK YOU AGAIN FOR ALL THE ANALYSIS, UH, BOTH OF YOU.
SO, UH, UNDER NEW BUSINESS, UH, POINT A IS NOMINATIONS FOR THE POSITION OF CHAIR.
WE'LL HEREBY ENTERTAIN ANY, I NOMINATE CHAIRMAN, UH, ZEER FOR THE POSITION TO DO A SECOND TERM.
ANY OTHER NOMINATIONS? ANYBODY? ANYBODY? UH, LET ME CLARIFY.
IS IT A ONE YEAR TERM AS, UH, CHAIRMAN THEN? YES.
UH, I THINK, I THINK WE WILL, UH, ACCEPT THE NOM.
DO WE VOTE ON THE NOMINATION? OKAY.
WHAT LOOKS LIKE THE NEXT ITEM IS NOMINATIONS FOR THE POSITION OF VICE CHAIR, AND THEN WE GO BACK TO ELECTIONS.
DO WE THUS HAVE ANY NOMINATIONS FOR VICE CHAIR? I WOULD LIKE TO NOMINATE VIVIAN GOODMAN FOR VICE CHAIR TO REPEAT.
I, JERRY, ANY? I JUST GONNA SECOND IT.
UM, JUST GOT A QUICKER BUZZER.
AND, AND THEN WE, UH, WE CALL FOR VOTE ON THE ELECTION OF THE NOMINATED PERSON FOR CHAIR, OR DO WE DO 'EM BOTH AT THE SAME TIME? I THINK YOU NEED TO DO 'EM SEPARATELY.
UH, LET'S ENTERTAIN A ROLL CALL.
VOTE FOR THE, UM, ELECTION OF DICK KER AS CHAIR COMMISSIONER PES AYE.
HAVE ALL AYES AND NO NAYS? ALL RIGHT, THEN, UH, LET'S HAVE A SIMILAR PROCESS FOR THE NOMINATION OF, UM, VIVIAN GOODMAN AS VICE CHAIR COMMISSIONER PALES AYE.
COMMISSIONER, COMMISSIONER MCREYNOLDS.
CONGRATULATIONS TO THE NEWLY ELECTED PEOPLE.
CAN WE SEE WHAT WE CAN DO ON THE, UM, REVIEW OF DISMISSAL? YEAH, LET'S SEE.
SO, UH, IF I AM FOLLOWING WHAT IT, WHERE I THINK WE ARE IS, UH, THAT WE DO, UH, WANT, AND CORRECT ME IF I'M WRONG, WE WANT CON CONFIDENTIALITY WRITTEN IN THERE UP TO THE POINT WHERE A PUB A NOTICE OF PUBLIC HEARING IS DISTRIBUTED.
LEMME MAKE SURE THAT THEY'RE SO
I I I WAS JUST KIND SUMMARIZING WHAT I THINK AND I WANTED TO MAKE SURE YOU WERE ALERT
[00:50:01]
CONFIDENTIALITY UP TO THE POINT OF THE PUBLIC HEARING NOTICE WHEN THAT'S, WHEN THAT'S ISSUED.UH, THEN THERE'S STRICT CONFIDENTIALITY, BUT ALSO THAT IF A COMPLAINANT FILES FOR REVIEW OF DISMISSAL.
UM, I SPOKE TO, I DON'T KNOW IF YOU GUYS ARE FAMILIAR WITH CORPORATION COUNSEL NORTHLAND.
SHE IS THE LEAD ATTORNEY FOR THE CITY OF DECATUR.
AND, AND I WILL GET, I'LL GET MY PUNISHMENT WHEN WE GET BACK TO THE OFFICE.
ANYWAY, SHE BROUGHT UP A REALLY GOOD POINT TO ME, UM, THAT I DO WANT TO BRING UP TO YOU GUYS INSTEAD OF PUTTING IN THE CITY CODE, WHAT I TALKED ABOUT WITH THE REVIEWS OF DISMISSAL, WHILE I THINK IT'S IMPORTANT THAT WE ADVISE THE COMPLAINANT THAT IF THEY FILE FOR A REVIEW, IT'S GONNA BE OPEN REGARDLESS IF THEY WANT IT TO BE OR NOT.
BECAUSE OPEN MEETINGS ACT REQUIRES IT.
SO HER SUGGESTION, I THINK IS A GOOD ONE THAT I WANT TO RECOMMEND TO YOU GUYS.
INSTEAD OF IT PUT BEING A PUT INSTEAD OF IT BEING IN THE CITY CODE, PUT IT ON OUR, UH, YOU MAY FILE FORM WHERE THEY SIGN OFF ON IT.
SO, SO THE SECOND PART IS ON, ON THE, THAT IF YOU, ON THE, YOU MAY FILE FILE, YOU MAY FILE FORM TO PUT ON BEFORE THEY SIGN IT ABOVE THE SIGNATURE.
THAT I UNDERSTAND THAT IF I, IF THIS CASE IS DISMISSED AND I, UH, ASK FOR A REVIEW OF THAT DISMISSAL, THAT, THAT, THAT I WAIVE ALL RIGHTS TO CONFIDENTIALITY.
WELL, OR THAT THEY, UM, WILL, OR YOU CAN MAYBE COME UP WITH SENSE.
AND THEN THE OTHER THING I MENTIONED, I THINK WHILE YOU WERE CONFERRING WITH MS. MORLAND IS THERE'S ALSO CONFIDENTIALITY FOR THE, FOR A RESPONDENT, BUT THAT IS IN A REVIEW OF DISMISSAL, THE RESPOND, THE RESPONDENT MAY NOT EVEN KNOW THE CASE EXISTS AT THIS POINT, AND THEN, BUT THERE'S A PUBLIC MEETING AND I'M WITH, UH, YOU KNOW, YOU A, B, C, AC B COMPANY, AND ALL OF A SUDDEN I FIND OUT, YOU KNOW, THAT, YOU KNOW, SOMEBODY'S FILED A DISCRIMINATION COMPLAINT AGAINST ME.
AND I'VE NOT EVEN BEEN NOTIFIED YET BECAUSE I DISMISSED THIS VERY EARLY IN THE PROCESS.
WHAT WE'VE DONE PREVIOUSLY IS IF THERE IS A REVIEW OF DISMISSAL, THE RESPONDENT IS NOTIFIED AND THEY HAVE THE OPPORTUNITY TO APPEAR TO ATTEND, BUT NOT TO SAY ANYTHING.
AND ACTUALLY, I WANTED TO DIFFER WITH YOU, I THINK IN THE PAST OUTTA REVIEW OF DISMISSAL, WE'RE NOT TRYING THE CASE YET.
WE'RE TRYING WHETHER OR NOT THE COMPLAINANT HAS BROUGHT ENOUGH EVIDENCE FOR AN INVESTIGATION TO HAPPEN.
WELL, WE'VE HAD SITUATIONS WHERE IT INVOLVED, UM, THE SCHOOL SYSTEM OKAY.
THAT YOU WEREN'T INVOLVED WITH OBVIOUS, FOR OBVIOUS REASONS.
WHERE, UH, THE, THERE WAS A DECISION MADE THAT IT WAS NOT SOMETHING THAT THE HUMAN RELATIONS COMMISSION COULD HEAR.
YEAH, THEY DID OF THAT DISMISSAL.
AND THE SCHOOL BOARD DID APPEAR, OR I'M SORRY, SOMEBODY ON BEHALF OF THE SCHOOL BOARD APPEARED.
AND THEY SENT TO EXPLAIN LEGALLY WHAT THEIR OPINION WAS, WHY THIS WOULD NOT BE A PROPER CASE BEFORE THE COMMISSION.
FRED, WHAT HAPPENED IN OUR CASE, UH, WITHIN THE PAST COUPLE OF YEARS WHERE THERE WAS A HEARING ON, UH, REVIEW OF DISMISSAL? WAS THE RESPONDENT, UH, NOTIFIED? NO.
UH, THERE, THERE WAS A, AN APPEAL OF A DISMISSAL.
IT WASN'T ACTUALLY A HEARING, BUT, UH, THERE WAS A REVIEW OF A DISMISSAL AND, UH, THE RESPONDENT WAS NOT NOTIFIED IN THAT CASE.
BUT, BUT WE COULD, YOU KNOW, FOLLOWING THIS, IF YOU WRITE THE LANGUAGE, THEN IT WILL BE FROM NOW ON AND WE'LL MAKE SURE THAT THE RESPONDENT IS NOTIFIED.
DO WE HAVE ANY, UM, THOUGHTS FROM THE, UH, COMMISSIONERS? WELL, YEAH, GO AHEAD.
THE REVIEW OF DISMISSAL, JUST IF WE CAN, UH, FORMULATE TO, UH, OUR THOUGHTS ON THAT TO GIVE SOME GUIDANCE TO, UH, FRED AND, UH, MS. WAX.
WHAT I'M HEARING, WHAT I'M HEARING, UH, SOUNDS LIKE A GOOD WAY TO PROCEED.
WE'VE GOT TWO PROFESSIONALS AND OUR INVESTIGATOR LOOKING AT THIS.
UH, I THINK, I HAVE TO ADMIT, THEY, THEY KNOW MORE ABOUT THIS THAN EVEN I DO.
I JUST SAID I THINK THEY HAVE, HAVE IT COVERED.
I, I THINK EVERYTHING THAT THEY'VE, UH, DISCUSSED AND SAID IS GOOD AND THEY ARE THE PROFESSIONALS.
[00:55:01]
TO COME UP WITH LANGUAGE THAT WE CAN PUT IN OUR, THAT THE COMMISSION CAN PUT IN ITS RECOMMENDATIONS THAT'LL EVENTUALLY GET BACK TO YOU.THAT DOES, ALONG WITH MY LOGIC TOO.
SO, UM, WE, WE APPRECIATE AGAIN, UH, ALL OF THE WORK THAT, UH, YOU AND MS. W AND MS. MORLAND AND MS. ROGERS HAVE DONE IN THE WHOLE PROCESS.
AND I THINK, UH, I THINK WE'RE MAKING THE RIGHT DECISIONS ON ALL OF THESE.
UM, UH, DUAL FILING, CONFIDENTIALITY AND REVIEW OF DISMISSALS.
WE PROBABLY OUGHT TO CALL IT A DAY.
I, I THINK WE'RE CLOSE TO, UH, THE FIVE O'CLOCK HOUR.
AND TRADITIONALLY, UH, WE WERE ASKED TO BE DONE BY FIVE BECAUSE THE TAPING FOR THE TELEVISION, UH, THE PERSON WANTS TO WRAP UP AND GO HOME.
SO, UM, UH, WE HAVE A MOTION FOR ADJOURNMENT.
I, I THINK, UM, YOU DIDN'T, IS THERE ANY OTHER BUSINESS? I DON'T THINK THERE IS, BUT DO WE NEED TO COVER THAT? WELL, WE WOULD IF WE WEREN'T OUT OF TIME.
IS THERE ANY OTHER BUSINESS? I'D ENTERTAIN A MOTION FOR ADJOURN.
I GUESS I WOULD ENCOURAGE STRONGLY THAT THE PEOPLE LET, UH, PENNY KNOW AS SOON AS POSSIBLE ABOUT THAT, UH, UH, SPECIAL MEETING, UH, AVAILABILITY NEXT THURSDAY AT FOUR.