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[Human Relations Commission on April 18, 2024.]
CALL THE, UM, APRIL MEETING OF THE DEC HUMAN RELATIONS COMMISSION TO ORDER.UH, OUR FIRST ORDER OF BUSINESS WOULD BE TO CALL THE ROLE COMMISSIONER SLEETER.
COMMISSIONER PALES PRESENT, UH, VICE CHAIR GOODMAN AND CHAIR PERSON ZA PRESENT.
UH, SO WE WOULD NOT HAVE A QUORUM AT THIS POINT.
BUT I DID WANNA INTRODUCE, THIS IS OUR, OUR NEW, UH, COMMISSIONER SANDY MCREYNOLDS.
AND THEN I ALSO WANTED TO MENTION THAT COMMISSIONER MINNIE WALKER HAS RESIGNED, SO SHE'S NO LONGER ON THE COMMISSION.
SO WE'RE BACK TO SIX AT THE, WE DO NOT HAVE A FORUM.
I'M SORRY, WHAT'S SANDY'S LAST NAME? MCREYNOLDS.
MCREYNOLDS AND COMMISSIONER MCREYNOLDS
SANDY, I'M GONNA PUT YOU ON THE SPOT FOR A, UM, SHORT INTRODUCTION.
I KNOW YOU'VE DONE IT, UH, WITH JUST ABOUT EVERYBODY IN HERE, BUT THAT'S, THAT'S, THAT'S PART OF MY PROCESS IF SOMEBODY NEW COMES ON BUTTON.
UM, WHAT AM I SUPPOSED TO DO? INTRODUCE MYSELF? YES.
I BEEN A REALTOR SINCE 1973 IN DECATUR, 52 YEARS, AND I'VE BEEN ON THE HUMAN RELATIONS COMMISSIONS BACK IN THE SEVENTIES AND EIGHTIES.
I WAS ON COMMISSION AND, UM, I'M STILL SELLING REAL ESTATE.
ANY WHAT? BORN AND RAISED HERE, BETHANY.
I'M FROM A FARM BETWEEN DALTON CITY AND BETHANY.
WELL, I'M REALLY HAPPY TO HAVE YOU WITH US, AND I KNOW YOU'RE GOING TO CONTRIBUTE AT LEAST AS MUCH AS THE FIRST GO AROUND.
UH, SO WELCOME WITH, WELCOME TO OUR COMMISSION, UM, FOR THE APPEARANCE OF CITIZENS.
UM, I DON'T KNOW IF WE HAVE ANYBODY OUT IN THE AUDIENCE, BUT I DO SEE A, UH, ANOTHER COMMISSIONER COMING, WHICH WOULD GIVE US A QUORUM.
I COULD INTRODUCE YOU TO SANDY MCREYNOLDS IF YOU DUNNO ALREADY.
UM, ALRIGHT THEN, UH, WE CAN CONDUCT BUSINESS.
UH, THE NEXT POINT ON THE AGENDA WOULD BE APPROVAL OF THE JANUARY 18TH MEETING MINUTES.
AND, UH, I THINK I HAD A COUPLE OF QUESTIONS, UM, THAT WAS, THAT WERE LINGERING FROM JANUARY 18TH.
UM, THERE, THERE WAS ONE POINT, IF I MAY, UH, DO YOU HAVE THE, THE MINUTES? DID YOU GIVE HER THE MINUTES FROM THE YES.
SO I WON'T EXPECT YOU TO HAVE GONE THROUGH THERE, BUT, UM, THERE WERE POINTS AT WHICH, UH, FRED SPANS HAD SAID THAT, UM, ISSUES SUCH AS THE, UH, NATURE OF CONFIDENTIAL INFORMATION VERSUS PUBLIC INFORMATION, UH, WERE STILL TO BE DISCUSSED AND, AND WORKED OUT IN THE PROCESS OF OUR REVISING CHAPTER 28 OF THE CODE.
AND THE OTHER WAS ABOUT CO FILING A COMPLAINT, UH, IF A, UM, COMPLAINANT HAS SOMETHING AND THEY FILE, UH, A CHARGE WITH US AND THE STATE AGENCY, UH, WHO SUPERSEDES AND WHAT THE PROCESS WOULD BE.
AND, UH, MY READING WAS THAT WE WERE, UH, FIGURING THAT WE MIGHT HAVE TO HAVE LEGAL COUNSEL HELP WORK THAT OUT.
AND, UH, SO I WOULD WANT TO, UM, PUT THAT IN THE MIND OF, UH, COMMISSIONERS IF WE WANTED TO ACTUALLY CALL, UH, CITY STA CITY, UH, LEGAL STAFF AT, AT SOME FUTURE MEETING TO WORK THOSE POINTS OUT.
DO YOU RECALL THOSE, FRED, THOSE TWO POINTS? YES, I DO.
UH, AND I'LL ADDRESS THOSE WHEN WE GET TO OUR, UH, UPDATE ON THE ORDINANCE.
UH, BUT IN TERMS OF YOUR LAST QUESTION ABOUT CITY LEGAL STAFF, UH, IN TALKING WITH, WITH PENNY, UH, WE DECIDED THAT, UH, WE WILL ASK, UH, AMY W FROM THE LEGAL DEPARTMENT TO ATTEND THE MAIN MEETING BECAUSE SHE WILL NEED TO BE HERE ANYWAY BECAUSE OF THE PENDING, UH, RECOMMENDATION ON THE PUBLIC HEARING.
SO WE'D, WE'D, UH, JUST ASK HER TO ATTEND ONE MEETING RATHER THAN TWO.
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UH, AND, UH, THEN WE CAN, ANY ISSUES THAT WE HAVE IN TERMS OF THE, UH, REVISIONS TO THE ORDINANCE, WE COULD BRING UP WITH HER AT THAT POINT.THAT MAKE SENSE? YES, I THINK THAT'S FINE.
UM, WELCOME, UH, VICE CHAIR GOODMAN.
UM, SANDY MCREYNOLDS IS OUR NEW MEMBER.
I DON'T KNOW WHETHER YOU KNOW HER, BUT, UH, VIVIAN IS THE, UH, CO-CHAIR OF THE COMMISSION.
AND, UH, WE'RE BUILDING STRENGTH.
UH, ARE WE IN A POSITION NOW, UH, TO VOTE ON THE MEETING MINUTES FROM JANUARY OR ARE THERE ANY OTHER POINTS TO BRING UP? I'D ASK FOR A MOTION.
SHE WASN'T ON THE COMMISSION THEN, SO SHE PROBABLY NEEDS TO ABSTAIN.
YEAH, YEAH, THAT'S, THAT'S ALL I WAS SAYING.
I WAS WAITING FOR HER TO SAY IT.
FOUR I'S AND NO NAYS AND ONE ABSTAIN.
UH, NEXT IS THE APPROVAL OF THE FEBRUARY 15TH MEETING MINUTES.
AND THERE IS ONE THING THAT I NOTED ON, UM, THE UNFINISHED BUSINESS.
AND IT SAID THAT, UH, HUMAN RIGHTS INVESTIGATORS SPAN STATED HE HAD MADE NOTES BASED ON THE THINGS THAT HE NOTICED IN SECTIONS FOUR AND FIVE.
COMMISSIONER S SCHLATER STATED HE WOULD LIKE CLARIFICATION ON SOME OF THE NOTES FROM MR. SPAN'S HANDOUT REGARDING POSSIBLE ACTION REFERRED TO THE LEGAL STAFF.
AND, UH, MR. SPAN STATED IN SECTION 4, 4, 4 5 AND FOUR SEVEN, HE DIDN'T FEEL COMFORTABLE MAKING A RECOMMENDATION TO THE COMMISSION.
UM, AND IN TERMS OF HOW IT SHOULD BE HANDLED.
AND THEN REFERENCE WAS MADE TO AMY WAX OF THE LEGAL STAFF.
ONCE AGAIN, SUE, UH, WOULD THAT PARTICULAR POINT BE SOMETHING THAT WOULD BE CARRIED OVER TO THE MAY MEETING? UH, IN, IN PART, WE DO HAVE SOME ADDITIONAL INFORMATION THAT, THAT WE GOT WITH AT THE ILLINOIS MUNICIPAL HUMAN RIGHTS, UH, MEETING THAT WE, THAT I WANT TO SHARE WITH THE COMMISSIONERS, UH, THAT ADDRESSES SOME OF THOSE LOOSE ENDS.
SO WE, I THINK WE, WE CAN HAVE DISCUSSION TODAY AMONG THE COMMISSION ON THOSE ISSUES.
I JUST WANTED TO BE SATISFIED.
THE COMMISSIONER SCHLATER WAS, UM, CONFIDENT THAT, UH, WE WOULD HAVE ALL THOSE THINGS FROM THE EARLIER MEETING HANDLED.
UH, I'M CONFIDENT WITH, WITH THAT.
UM, NOW, ANY OTHER, UH, COMMENTS AS YOU QUICKLY GO OVER THE FEBRUARY 15TH MINUTES, UH, IF ANYTHING DID NOT MAKE SENSE TO YOU OTHERWISE, UH, WE'LL ENTERTAIN A MOTION SINCE WE DIDN'T HAVE A QUORUM.
CAN WE, WHAT WE, CAN WE CALL 'EM MINUTES? I, YOU KNOW, WE'RE KIND OF IN A GRAY AREA.
YEAH, YOU, YOU CAN, BECAUSE THESE MINUTES WERE DONE BEFORE THE MEETING LAST WEEK.
SO THEY'RE, THEY'RE STILL MINUTES.
YOU HAVE A QUORUM TODAY TO VOTE ON THEM.
EVEN IF PEOPLE DON'T VOTE ON THEM, WE STILL HAVE A QUORUM TO VOTE, YOU KNOW, UNDERSTAND.
I MOVE THAT WE ACCEPT THE MINUTES.
COMMISSIONER PES YOU WEREN'T HERE FOR THAT MEETING, RIGHT? SO WOULD YOU BE ABLE TO SECOND IT? NO.
WELL, THEN NOBODY WHO ELSE CAN SECOND IT? ZZA? I IMAGINE I COULD AND I WILL.
DO YOU HAVE TO BE PRESENT AT THAT MEETING? 'CAUSE I'M, I'M NOT CONFIRMING ANYTHING ABOUT THE ME MEETING.
I'M CONFIRMING DO I HAVE TO HAVE KNOWLEDGE OF THE MEETING TO CONFIRM THE MINUTES? I'M, I, I DON'T KNOW.
SO THAT, I DON'T THINK YOU WERE AT THE JANUARY MEETING EITHER, SO WE PROBABLY NEED TO GO BACK AND REDO THE MOTION
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FOR THE JANUARY MEETING AS WELL.OTHERWISE I WOULDN'T WANT TO USE UP, UH, TIME FOR THAT.
I, I THINK YOU COULD, UM, BYPASS THAT.
AND I THINK, UH, THE POINT IS WELL TAKEN AS FAR AS FEBRUARY'S MEETING IS CONCERNED THAT MY LOGIC SAYS THAT IF YOU WEREN'T THERE AND YOU LOOKED AT THE MINUTES, THEN YOU COULDN'T REALLY SAY WITH CONFIDENCE THAT THAT'S HOW IT WENT DOWN.
SO THEN, UM, CHAIR KER, DO YOU WANNA SECOND THAT MOTION TO APPROVE THE FEBRUARY MINUTES? BECAUSE YOU AND COMMISSIONER SCHLATER WERE THE ONLY ONES IN ATTENDANCE AT THAT MEETING.
COMMISSIONER PALS, I GUESS MY QUESTION NOW IS CAN I VOTE? AYE, IF I WASN'T THERE, YOU HAVE TO ABSTAIN.
COMMISSIONER VICE-CHAIR GOODMAN ABSTAIN.
AND COMMISSIONER MCREYNOLDS, YOU HAVE TO PRESS THAT.
ABSTAINED, ABSTAINED, ABSTAIN.
WE HAVE TWO EYES AND THREE ABSTAINS.
WELL, I HOPE THAT'S THE TOUGHEST THING WE HAVE TO FACE TODAY.
UM, SO I I I'M CONFIDENT THE MINUTES ARE IN GOOD SHAPE AND WE CAN REVISIT THAT SOMETIME IF YOU'D LIKE.
BUT I WOULD LIKE TO GET ONTO THE MONTHLY ACTIVITY REPORT AND SUMMARY OF CASES.
UH, I WILL REPORT ON THE, UH, MONTHLY REPORT.
YOU HAVE IT IN FRONT OF YOU ON, I BELIEVE THE, THE BACK OF THE AGENDA, MAYBE? YES.
UH, THERE ARE, OR THERE HAVE BEEN THREE CASES THAT HAVE BEEN IN PROCESS WITHIN THE LAST, SINCE OUR LAST, UH, INFORMAL MEETING.
UH, 2 3 0 8 3 1 INVOLVES RACE DISCRIMINATION AND EMPLOYMENT FILED AUGUST 30TH, 31ST, RATHER OF LAST YEAR.
UH, THAT'S THE ONE THAT WE DID HOLD A PUBLIC HEARING ON MARCH 25TH WITH, UH, CHAIR KER AND VICE CHAIR GOODMAN.
AS OUR HEARING OFFICERS, UH, THE, UH, RESPONDENT, THE COMPLAINANT, UH, DID APPEAR AND PRESENTED THEIR CASE.
THE, UH, RESPONDENT, UH, DID, DID NOT APPEAR.
UH, AND AT THIS POINT, THE, UH, THE HEARING OFFICERS, UH, WILL BE MEETING WITH, UH, AMY W FROM THE LEGAL DEPARTMENT AND THEN FORMULATING A RECOMMENDATION, UH, REGARDING THE CASE AND ANY, UH, PENALTIES ISN'T QUITE THE RIGHT WORD, BUT, UH, REMEDIES, ANY THANK YOU, ANY REMEDIES THAT MIGHT BE RECOMMENDED.
AND THEY'LL BE BRINGING THAT TO THE COMMISSION, I BELIEVE IN THE MAY MEETING.
UH, SO, UH, SO THAT IS NOW IN THE HANDS OF, OF THE HEARING OFFICERS.
MAY I VENTURE QUESTION, WILL THE, UH, TRANSCRIPT GO TO THE OTHER COMMISSION MEMBERS BEFORE THE MAY MEETING SO THAT THEY HAVE THAT TO WORK ON? OR ARE THEY STRICTLY ON THE RECOMMENDATIONS OF MYSELF AND THE TRANSCRIPT, UH, WOULD BE AVAILABLE.
IT'S A MATTER OF PUBLIC RECORD.
AND, AND IF YOU WANT, UH, ONCE, UH, UH, THE TRANSCRIPT WILL GO TO MS W, YOU COULD EITHER ASK HER TO SEND IT TO THE COMMISSION OR, OR HAVE HER OR I I COULD, SHE USUALLY SENDS IT TO ME, UH, AND THEN I COULD SEND IT TO THE ENTIRE COMMISSION.
UH, IT'S USUALLY A PRETTY LENGTHY THING.
SO YOU'LL, YOU'LL WANT TO, UH, PROBABLY NOT PRINT IT OUT.
YOU'LL PROBABLY WANNA READ IT ON YOUR COMPUTER SCREEN SO YOU DON'T, UH, WASTE A REAM OF PAPER ON IT.
UH, THAT I, UH, HOW, HOW DO YOU WANT TO HANDLE THAT? WELL, I THINK ESPECIALLY WITH THE NEW MEMBERS, AND WE'D HAVE TO WORK OUT WHEN THE NEW MEMBERS WILL BE ON BOARD AND, AND WHETHER WE CAN SEND THEM TO SEND THEM TO THEM AT, IN A TIMELY MANNER.
BUT I WOULD THINK, UH, TO EQUIP THE MEMBERS, ESPECIALLY THOSE
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WHO DON'T HAVE ANY BACK KNOWLEDGE OF THE CASE, UH, WITH, WITH THE TRANSCRIPT, AND THEY'D BE ENCOURAGED TO READ IT.UH, THAT WOULD MAKE THE RECOMMENDATION BY, UH, MS. GOODMAN AND MYSELF, UH, MORE MEANINGFUL.
AND, AND I'D ALSO, UH, URGE THE COMMISSIONERS TO, TO REREAD THE SECTION OF THE ORDINANCE, WHICH DEALS WITH, UH, WHAT REMEDIES ARE ALLOWABLE AND WHICH WHAT ARE NOT.
SO THAT YOU CAN STAY WITHIN THE, AND I'M SURE YOU'VE, AS WHEN YOU MAKE THAT RECOMMENDATION, YOU'LL MAKE NOTE OF THAT AS WELL.
UM, I GUESS I WILL TRY TO REACH, UH, AMY W UH, YET THIS WEEK AND TRY TO START THE PROCESS FOR COMING UP WITH A, A SUITABLE MEETING DATE FOR THE HEARING OFFICERS AND HERSELF TO, UM, AND, AND I THINK YOU'RE STILL WAITING ON THE TRANSCRIPT TO BE DELIVERED, I BELIEVE, UNLESS, NO, WE HAVE THAT.
I, I, I DIDN'T KNOW IT WAS HERE AS OF YESTERDAY OR THE DAY BEFORE.
IN FACT, I HAVE THREE COPIES OF THEM.
DO YOU HAVE OUR COPIES? WELL, THERE WERE THREE ATTACHMENTS TO THE EMAIL, AND I DIDN'T LOOK TO SEE WHETHER THERE WAS A, UH, CC TO, UH, COMMISSIONER GOODMAN.
BUT, UH, I, I HOPE I'M NOT SLOWING DOWN THE PROCESS.
IT WAS JUST, IT WAS JUST AN EMAIL SAYING, HERE ARE THE TRANSCRIPTS AND NO ELABORATION.
SO, UH, NORMALLY I, YOU KNOW, I DIDN'T KNOW IT WAS HERE, BUT NORMALLY, UH, IT COMES WITH THREE ATTACHMENTS AND IT'S THREE DIFFERENT WAYS OF DISPLAYING THE SAME TRANSCRIPT.
UH, AND I'M NOT SURE WHY, BUT THAT'S THE WAY IT IS.
UH, I WILL NEED TO, UH, ALSO CONTACT HER AND, UH, MAKE SURE THAT I GET A COPY OF THAT FOR THE FILE.
'CAUSE THAT NEEDS TO BE INCLUDED IN, IN OUR, IN OUR RECORDS.
IF I FORWARD THE DOCUMENT TO COMMISSIONER GOODMAN AND, UH, UH, INVESTIGATOR SPAN, IS THAT A VIOLATION OF THE OPEN MEETINGS ACT? I HAVE IT SO YOU DON'T HAVE TO FORWARD, I JUST, OH, I JUST GOT BACK FROM A CONFERENCE, SO I HAVEN'T BEEN THROUGH ALL MY EMAILS.
WELL, I CAN MAKE A NOTE TO GET IT TO, TO YOU, FRED, THEN.
UH, YEAH, IT NEEDS TO BE MAILED SEPARATELY TO EACH COMMISSIONERS IS THE ONLY ISSUE, BUT IT IS, UH, IT IS A MATTER OF PUBLIC RECORD.
I MEAN, IT'S NOT ANYBODY COULD FOIA AT ANY POINT.
WILL YOU, UM, SEND IT TO ME AS WELL, AND THEN I COULD SEND IT SEPARATELY TO THE COMMISSIONERS.
UM, SO I, UH, DERAILED YOUR REPORT.
NO, THAT, THAT WAS VERY IMPORTANT.
SO JUST MAKE SURE YOU SEND ONE TO ME AND I'LL, UH, THAT WAY I WILL HAVE IT.
SO, UH, THAT'S THE STATUS ON THE, THE OLDEST CASE.
UH, THEN THERE'S BEEN, THERE HAVE BEEN TWO NEW CASES THAT HAVE COME IN SINCE OUR, OUR MEETING, UH, 2 4 0 3 2 6, UH, MARCH 26TH, 2024, AGE DISCRIMINATION AND EMPLOYMENT.
UH, INTERESTING CASE IN THAT THE INITIAL, UH, CHARGE, AS YOU KNOW, THEY FILL OUT A, YOU MAY FILE FORM, AND WE GO FROM THAT.
UH, IN, IN TALKING WITH THE COMPLAINANT, IT WAS DETERMINED THAT THERE WAS NOT A BASIS FOR RACE DISCRIMINATION, AS THERE WAS NOT AN EXAMPLE OF A PERSON OF A DIFFERENT RACE BEING TREATED MORE FAVORABLY THAN THIS PERSON.
HOWEVER, THERE WAS A DIFFERENTIAL OF ABOUT 20 YEARS IN AGE AND THAT THIS PERSON BEING SIGNIFICANTLY OLDER THAN THE OTHER EMPLOYEES WHO THE ALLEGATION IS WERE, WERE TREATED MORE FAVORABLY.
SO I PREPARED A, A DRAFT CHARGE AND INTERROGATORIES SENT THEM TO THE COMPLAINANT COMPLAINANT APRIL 4TH.
I CHECKED BACK WITH THE COMPLAINANT, UH, ABOUT A WEEK AGO AND SAID, HAVE YOU REVIEWED THOSE? WOULD, WOULD YOU LIKE TO SUGGEST ANY CHANGES? AND THEY SAID, UH, GIVE ME ANOTHER WEEK.
I WILL CHECK WITH A COMPLAINT AGAIN TOMORROW.
UH, I'M KIND OF AT THIS POINT WONDERING WHETHER THEY'RE GETTING COLD FEET AND MIGHT NOT BE ANXIOUS TO GO AHEAD WITH IT.
SO I NEED TO RESOLVE THAT BEFORE WE, WE KNOW, UH, WHERE TO GO.
BUT I DID FIND REASONABLE SUSPICION ON THE AGE DISCRIMINATION ISSUE.
UH, THE, THE OTHER CASE, UH, CAME IN JUST, UH, BEGINNING OF THIS MONTH,
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2 4 0 4 0 2 APRIL 2ND.UH, THE ALLEGATION WAS RETALIATION RACE AND AGE DISCRIMINATION AND EMPLOYMENT.
UH, AGAIN, I CONDUCTED THE INITIAL INTERVIEW, BUT THERE WAS NO ALLEGATION OF SPECIFIC ACTIONS THAT WERE TAKEN AGAINST THE PERSON THAT COULD CONSTITUTE A, A CONDITION OF WORK.
UH, AND IN DISCUSSING WITH THE PERSON, THEY SAID, NO, IT REALLY WASN'T IN THEIR VIEW, BASED ON RACE OR AGE DISCRIMINATION.
AND THE RETALIATION ISSUE THEN, UH, WAS BASED ON, UH, THEIR VIEW THAT THEY WERE RETALIATED AGAINST, UH, BECAUSE THEY REPORTED THE SUPERVISOR FOR, UH, SOME UNETHICAL BEHAVIOR.
BUT ACCORDING TO OUR CODE, RETALIATION CAN EXIST ONLY WHEN THE RETALIATION IS FOR A PERSON MAKING A COMPLAINT OR AN ALLEGATION OF DISCRIMINATION OR SEXUAL HARASSMENT, NOT JUST GENERAL UNFAIR TREATMENT OR, OR BAD BEHAVIOR.
SO ESSENTIALLY, EVEN IF ALL THE ALLEGATIONS ARE TRUE, IT WOULD NOT CONSTITUTE A VIOLATION OF OUR ORDINANCE.
SO, AND THAT UNFORTUNATELY IT HAPPENS, UH, FAIRLY COMMONLY THAT PEOPLE COME IN AND THEY HAVE AN ALLEGATION THAT THEY'VE BEEN MISTREATED AT WORK.
AND IT MAY WELL BE TRUE, BUT IT'S NOT A VIOLATION OF THE ANTI-DISCRIMINATION ORDINANCE.
UH, THEY, THIS PERSON, AGAIN, HAS 40 DAYS TO REQUEST A REVIEW OF THAT.
SO, UH, I ALSO WILL MENTION WHILE I'M JUST DOING THE REPORT, THAT, UH, CHAIR KER AND I ATTENDED A, A MEETING OF THE ILLINOIS MUNICIPAL HUMAN RIGHTS ASSOCIATION ON, UH, APRIL 27TH, THANKS TO, UH, CHAIR ZA FOR PROVIDING MARCH.
COULDN'T HAVE BEEN, COULDN'T HAVE BEEN APRIL THE 27TH
AND, UH, WHATEVER MONTH IT WAS, IT WAS THE 27TH.
UH, ANYWAY, THANKS TO, UH, CHAIR ZA FOR GIVING ME A RIDE.
I WAS COMING OFF SURGERY AND UNABLE TO, TO DRIVE SAFELY AT THAT POINT,
SO, UH, AND, UH, I HOPE YOU ENJOYED THE DAY.
UH, THERE WERE PEOPLE FROM SEVERAL CITIES, CHAMPAIGN, SPRINGFIELD, UH, AND ONE FROM CHICAGO SUBURBS.
I BELIEVE VERY INTELLIGENT PEOPLE, PASSIONATE ABOUT WHAT THEY DO.
AND I DID NOTE THAT AT LEAST IN ONE CASE, SPRINGFIELD, I THINK THEY HAVE A LOT MORE IN THE WAY OF, UH, HOUSING DISCRIMINATION COMPLAINTS THAN WE DO.
AND, UH, THEY DID TALK ABOUT, UH, THE, THE, UH, POTENTIAL FOR, UM, EMPLOYMENT RELATED UNION ACTIVITIES, BUT THEY DIDN'T, UH, ISSUE ANY KIND OF, UH, STATISTICS ABOUT HOW BUSY THEY WERE IN THAT RESPECT, IN RESPECT.
BUT, UH, AN INTERESTING TAKE ON WHAT HAPPENS IN OTHER CITIES IN THE GENERAL REALM OF WHAT WE DO.
NOW, UM, COMMISSIONER MC MCREYNOLDS WILL, UH, LEARN SOON ENOUGH THAT, UH, THE MAIN PORTION OF OUR WORK IS, UH, REVISING CHAPTER 28 OF THE CITY CODE.
UM, IF YOU HAVEN'T BEEN PROVIDED THAT I WOULD, UH, HOPE THAT THAT'LL BE DONE IN, IN SHORT ORDER.
WE'VE GONE SECTION BY SECTION.
UH, AND ANYTHING AS FAIR GAME AS FAR AS THE DEFINITIONS.
UM, DO YOU, HAVE YOU GIVEN HER A CLEAN COPY OF WHAT WE'VE DONE SO FAR? MAYBE NOT WHAT WE'VE DONE, BUT WHAT, UM, ON THE PACKET, THE NOTES THAT FRED GAVE ME THAT WERE UPDATED ON MARCH 27TH, I GAVE HER THAT.
UH, ANY QUESTIONS ALONG THE WAY, LET US KNOW BECAUSE THERE'VE BEEN SOME, SOME SUBSTANTIAL, UH, SUGGESTIONS.
AND I SAY SUGGESTIONS BECAUSE OUR PROCESS, ONCE WE GET THROUGH OUR READING OF THE CODE IS TO, UH, FORWARD, UH, OUR TAKE ON IT TO THE CITY STAFF AND, UH, GET THEIR ANALYSIS OF IT, AND THEN EVENTUALLY, UH, GO TO THE COUNCIL AND PRESENT IT TO THEM TO GET, UH, A REVISED VERSION INTO, UH, INTO THE CITY'S CODE.
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PROGRESS, A PROCESS THAT'S GOING TO TAKE A LITTLE BIT LONGER.AND, UH, PEOPLE HAVE BEEN VERY PATIENT SO FAR ON SOME SECTIONS THAT HAVE BEEN SORT OF, IS THIS WORD RIGHT? IS THAT WORD RIGHT? HOW DO YOU DEFINE RACE? AND, AND SUCH AS THAT, UH, FUNDAMENTAL THINGS AND NUANCED THINGS, BUT KIND OF IMPORTANT TO FULFILLING WHAT I SEE AS THE, UH, MISSION.
SO, FRED, WAS THERE A PARTICULAR STARTING POINT THAT YOU HAD IN MIND FOR, UM, RESUMING THIS? UH, YES.
UH, AND, UH, THE FACT THAT WE HAVE A NEW COMMISSIONER KIND OF, UH, BRINGS ME TO SOMETHING ELSE THAT I WANNA SAY.
'CAUSE I HAVEN'T, UH, YET PROVIDED ORIENTATION TO, TO COMMISSIONER MCREYNOLDS AS I KNEW THAT WE HAD SOME OTHER OPENINGS.
UH, MS. ROGERS, IT'S MY UNDERSTANDING THAT THERE ARE MAYBE THREE CANDIDATES, UH, IN THE PIPELINE.
YES, WE RECEIVED, UM, APPLICATIONS FROM THREE POTENTIAL COMMISSIONERS, UM, A COUPLE WEEKS AGO, AND WE NOW HAVE THREE OPENINGS.
UH, SO, UH, ASSUMING THAT THE COUNCIL ACTS FAIRLY QUICKLY ON, ON THE OTHER THREE, UH, IT WOULD BE GOOD THAT I COULD DO AN ORIENTATION FOR ALL FOUR AT AT ONE TIME.
AND THE REASON I'M BRINGING THIS UP IS THAT WE'VE DONE A LOT OF WORK ALREADY ON, ON REVISING THE CODE, AND THAT ORIENTATION SHOULD INCLUDE BRINGING THEM UP TO DATE AS MUCH AS WE CAN ON WHAT WE'VE DONE AND WHY.
SO IT MIGHT BE GOOD MAYBE TO, UH, HAVE ONE OR TWO OF THE COMMISSIONERS THERE AT THAT MEETING TO TALK TO TALK ABOUT THAT.
SO IT'S NOT ALL COMING FROM ME.
UH, AND I, I, I'M JUST TO HAVE FOUR NEW PEOPLE COME ON TO A NINE MEMBER BODY WHEN WE'RE ABOUT HALFWAY THROUGH THIS PROCESS, I MEAN, IT'S FINE, BUT WE NEED TO MAKE SURE THAT THEY ARE UP TO DATE AND IN AGREEMENT WITH, WITH WHAT WE'VE DONE SO FAR.
SO PENNY, YOU HAD TALKED ABOUT, UM, MY PARTICIPATION IN SOME SORT OF, UM, UH, ORIENTATION OR INTERVIEW PROCESS WITH OUR NOMINEES.
UH, IS THIS SEPARATE FROM WHAT YOU ENVISION THAT BEING? YES.
UM, WELL, WHAT, WHAT NORMALLY HAPPENS IS THE MAYOR AND I MEET WITH, UM, APPLICANTS AND SHE IS ASKED THAT I JUST GO AHEAD AND MEET WITH THEM MYSELF.
BUT I THOUGHT IT WOULD BE A GOOD IDEA TO HAVE YOU JOIN ME AS THE CHAIR.
BUT WHAT, WHAT MR. SPAN IS TALKING ABOUT IS AN ORIENTATION ONCE THEY ARE APPOINTED BY THE CITY COUNCIL, LIKE, LIKE ABOUT AN HOUR OR TWO ORIENTATION WHERE HE GOES THROUGH THE WHOLE PROCESS OF THE DIFFERENT FORMS THAT, UM, CITIZENS CAN FILL OUT IF THEY FEEL LIKE THEY'RE A VICTIM OF DISCRIMINATION, THINGS LIKE THAT.
UM, THAT BEING SAID, I'D APPRECIATE SPREADING THE WEALTH SOMEWHAT IF I WERE PARTICIPATING IN THIS ONE ACTIVITY, UH, TO ASK AT LEAST ONE OTHER PERSON TO, UH, TRY TO VOLUNTEER TO, UM, UH, HELP INVESTIGATORS SPAN US, INDOCTRINATE THESE PEOPLE INTO THE PRO.
AND IT WOULD BE WITH, WE CAN DO TWO COMMISSIONERS WITHOUT VIOLATING THE, THE ACT.
RIGHT? I KNOW THERE'S SOME PEOPLE WHO AREN'T WORKING FULL TIME.
I'M NOT LOOKING AT ANYBODY IN PARTICULAR.
SO THIS WOULD BE TO JOIN FRED WITH THE ORIENTATION.
AND PARTICULARLY TO TALK ABOUT THE, THE CHANGES THAT WE'VE ALREADY RECOMMENDED THAT 'CAUSE THE, THE BIG, YOU KNOW, NORMALLY THE ORIENTATION, YOU'VE, YOU'VE ALL BEEN THROUGH IT, YOU KNOW, I TALK ABOUT THE PROCESS AND WHAT THE COMMISSION IS FOR AND BLAH, BLAH, BLAH.
BUT BECAUSE WE'RE KIND OF IN THE MIDDLE OF THIS TASK, I THINK IT MIGHT BE GOOD TO SPEND SOME OF THAT TIME RUNNING THROUGH ALL OF THE CHANGES THAT HAVE BEEN RECOMMENDED SO FAR.
SO WE'RE LOOKING AT FOUR PERSONS POTENTIALLY FOR ORIENTATION, TWO AT A TIME.
OH, THEY'LL ALREADY BE SWORN IN, WON'T THEY? WELL, DEPENDING ON HOW SOON, UM, CHAIR AKER AND I CAN MEET WITH THEM.
I DON'T KNOW, I DON'T KNOW HOW SOON THEY WILL BE SWORN IN THEY, OR HOW SOON THEY WILL BE APPOINTED AT A COUNCIL MEETING.
FOUR PEOPLE IS THE MAJORITY OF A QUORUM.
SO THE ORIENTATION ITSELF, IF WE, WE CAN EITHER DO IT.
SO WE, WE, WE ARE LIMITED IN THE NUMBER OF COMMISSIONERS WHO COULD ATTEND THAT MEETING UNLESS WE JUST MAKE IT A PUBLIC MEETING, WHICH IS
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NOT A PROBLEM.WE JUST SCHEDULE IT AND IT'S, NOBODY WILL SHOW UP.
IT'LL BE LIKE THIS, YOU KNOW, AND WE COULD HAVE HAVE IT IN THE HR CONFERENCE ROOM AND IT'LL JUST BE A, A PUBLIC MEETING.
AND THE ONLY, THE ONLY ORDER OF BUSINESS WOULD BE ORIENTATION OF NEW COMMISSIONERS.
AS LONG AS IT'S PUBLICIZED WITHIN THE STATUTORY LIMIT, I THINK THAT'S THE WAY OUT.
OTHERWISE, IT'S GONNA GET CUMBERSOME.
AND THANK YOU FOR BRINGING THAT UP, THAT WE WANNA STAY ON THE RIGHT SIDE OF THE OPEN MEETINGS ACT.
I, YOU KNOW, IF, IF I CAN, IF IT FITS MY SCHEDULE, I, YOU KNOW, I CAN COME TO THAT MEETING.
I'M NOT SURE HOW MUCH HELP I'LL BE, I'M PRETTY SURE YOU'LL BE OKAY.
UM, SO, UM, PENNY, UH, JUST AS SOON AS YOU GET SOME NOTION ABOUT, UM, SCHEDULES, THEN I WILL TRY TO MAKE MYSELF AVAILABLE SO THAT WE CAN GET THIS PROCESS GOING AND BY, UH, MAY MEETING, UH, WE'LL HAVE THINGS IN PLACE AND REALLY ABLE TO MAKE SOME PROGRESS ON, UH, GOING FORWARD ON, UH, THE CODE.
AM AM AM I CORRECT THAT THE MAXIMUM NUMBER OF PEOPLE ON THIS COMMISSION IS NINE? IS THAT CORRECT? CORRECT.
SO, UH, I GUESS DU TODAY'S BUSINESS, UH, YOU HAVE A, A HANDOUT.
WE'RE WORKING ON SECTIONS FOUR AND FIVE CURRENTLY.
UH, WE'VE ALREADY COMPLETED OUR REVIEW OF SECTIONS ONE THROUGH THREE.
UH, AND I WANNA DO A BACKTRACK TO A A COUPLE OF ISSUES, UH, THAT WE HAD TALKED ABOUT BEFORE.
UH, ONE IS THE DUAL FILING ISSUE, AND THE OTHER IS THE REVIEW OF DISMISSALS.
DUAL FILING REFERS TO, UH, SAY A PERSON FILES A CHARGE WITH US, WITH THE HUMAN RELATIONS COMMISSION AND ALSO FILES THE SAME IDENTICAL CHARGE OR SIMILAR CHARGE WITH THE ILLINOIS DEPARTMENT OF HUMAN RIGHTS, OR WITH THE FEDERAL EQUAL OPPORTUNITY EMPLOYMENT COMMISSION.
UH, CURRENTLY WE DON'T SAY ANYTHING ABOUT IT, UH, IN THE CODE.
UH, IN EARLIER DISCUSSIONS, A COUPLE, SEVERAL YEARS AGO, REALLY WITH, WITH AMY, WE, UH, SHE SAID, WELL, WE, OUR CODE IS NOT EXACTLY THE SAME AS THE ILLINOIS HUMAN RIGHTS ACT OR THE FEDERAL EQUAL EMPLOYMENT OPPORTUNITIES ACT.
SO, UH, IT'S, IF PEOPLE DUAL FILE, THAT'S FINE, BECAUSE IT'S COULD BE TWO SEPARATE LAWS THAT THEY'RE DEALING WITH.
UH, AND THAT MAKES, YOU KNOW, MAKES SENSE.
UH, BUT I ALSO FOUND REFERENCES TO DUAL FILING IN THREE OTHER LOCAL CODES.
UH, BY THE WAY, UH, MS. MCREYNOLDS, I, UH, HAVE COMPARED OUR CODE AGAINST BLOOMINGTON NORMAL, PEORIA, SPRINGFIELD, CHAMPAIGN URBANA, AND DANVILLE.
'CAUSE THERE'S, THERE'S SIMILAR CITIES TO US TO, TO FIND, UH, YOU KNOW, WHERE THEY DO THINGS THAT WE MIGHT CONSIDER.
AND A LOT OF THE CHANGES THAT WE'VE RECOMMENDED HAVE BEEN BASED ON WHAT OTHER CITIES HAVE DONE.
UH, SO BLOOMINGTON AND NORMAL, UH, YOU COULD SAY THEIR, THEIR LANGUAGE IS PRETTY SIMILAR.
AND THEY, THEY BOTH SAY, LISTEN, CHOOSE YOUR LANE.
YOU KNOW, IF YOU'RE GONNA FILE IT WITH SOMEBODY ELSE, THAT'S FINE, BUT WE'RE NOT GONNA HANDLE IT.
AND IF YOU'RE GONNA FILE IT WITH US, DON'T FILE IT WITH THEM.
UH, AND THAT ALSO MAKES SOME SENSE, BECAUSE THAT WAY YOU DON'T HAVE THE POSSIBILITY OF ONE PARTY FINDING A VIOLATION AND SOMEBODY ELSE FINDING NO VIOLATION.
LET ME, LET ME BREAK IN AND ASK, HYPOTHETICALLY, YOU HAVE SOMEONE, THEY'RE NOT LEARNED IN CODES AND APPEAL PROCEDURES.
DO YOU GIVE THEM ANY GUIDANCE AS TO WHICH WAY THEY, WHAT LANE THEY MIGHT WANT TO PICK? BECAUSE IF I WALKED INTO THIS, UH, I WOULDN'T KNOW WHETHER DECATUR OR SPRINGFIELD OR WASHINGTON DC WOULD BE THE BETTER WAY TO GO, RIGHT? UH, NO, I DON'T, I STEADFASTLY AVOID GIVING GUIDANCE TO ANY COMPLAINANT ON ANY MATTER, BECAUSE I DON'T WANT THEM TO COME BACK AND SAY, HE TOLD ME THIS AND THAT CAUSED ME TO LOSE MONEY, AND THEREFORE I'M SUING HIM.
SO WHAT I ADVISED HIM IS THEY HAVE THE RIGHT TO, TO FILE WITH ILLINOIS DEPARTMENT OF HUMAN RIGHTS, OR EEOC AS A PRACTICAL MATTER.
[00:35:01]
I BECOME AWARE THAT THE OTHER PARTY IS ACTIVELY INVESTIGATING, I PUT IT ON THE BACK BURNER UNTIL, UNTIL IT'S RESOLVED.UH, THE, UH, NOW WITH THE ILLINOIS DEPARTMENT OF HUMAN RIGHTS, AND I CAN'T RECALL THIS EVER HAPPENING, BUT WE, THEY ARE ABLE TO DISCUSS CASES WITH US.
I COULD CALL THEM AND SAY THEY HAVE A SPECIAL LINE FOR FOLKS LIKE, LIKE ME, AND I COULD CALL THEM AND SAY, I'VE GOT THIS CASE, YOU'VE GOT THIS CASE, YOU KNOW, UH, LET'S TALK ABOUT IT AND SEE WHO SHOULD GO FIRST TYPE THING.
EEOC, IF YOU CALL THEM, THEY SAY, WE WILL NOT DISCUSS ANYTHING WITH YOU.
UH, THE ONE CASE I REMEMBER MORE DISTINCTLY, IT WAS A VERY EARLY CASE, UH, IS THAT THE, THE COMPLAINANT TOLD ME THAT THERE WAS A CONFERENCE SCHEDULED AT EEOC IN CHICAGO.
AND I SAID, OKAY, I'M NOT GONNA DO ANYTHING TILL YOU HAVE THAT CONFERENCE.
AND THAT CONFERENCE RESULTED IN A SETTLEMENT AND, UH, AND THEREFORE THE CASE WAS RESOLVED.
UH, THEY, THE, UH, SO ANYWAY, BLOOMING CAN AND NORMAL SAY, CHOOSE YOUR LANE AND STAY WITH IT.
UH, DANVILLE, UH, IS MORE OF A, LIKE A WORK SHARING AGREEMENT, UH, THAT, UH, WHEN THE DIVISION, THE DIVISION IN THIS CASE MEANS THE, THE CITY OF DANVILLE, UH, AND IDHR HAVE CONCURRENT JURISDICTION, EITHER MAY TRANSFER THE COMPLAINT TO THE OTHER UNDER REGULATIONS ESTABLISHED, SO THEY CAN SAY WE, THEY GET TOGETHER AND DECIDE WHO'S GONNA HANDLE IT.
UH, THE, UH, BUT IF THERE'S A COMPLAINT WHERE ONE HAS JURISDICTION AND THE OTHER DOES NOT, THEN IT GOES TO THE ONE THAT HAS JURISDICTION.
UH, SO AFTER BREEDING THIS, I, I BECAME, I GUESS, MORE AWARE THAT IT'S NOT A CLEAN CUT LEGAL ISSUE, YOU KNOW, ONE WAY OR THE OTHER.
SO, SO I THOUGHT WE MIGHT HAVE A LITTLE DISCUSSION, YOU KNOW, AMONG THE COMMISSION IN TERMS OF WHAT MAKES MORE SENSE TO YOU.
I DON'T, YOU KNOW, HAVE A DOG IN THIS HUNT.
UH, BUT JUST, YOU KNOW, JUST, I, I THINK IT MIGHT BE GOOD TO HAVE A SENSE OF WHAT, WHERE THE COMMISSION IS BEFORE WE MEET WITH MS. WAX TO, TO GET HER THOUGHTS ON IT.
WELL, WELL, IT SOUNDS TO ME LIKE EVEN THOUGH WE DON'T HAVE A A POSITION, WE DO HAVE ONE THAT IS KIND OF WHAT YOU HAVE, YOU KNOW, COME UP WITH.
AND IF, IF THAT SEEMS TO BE WORKING WELL, I WOULD THINK MAYBE WE JUST MIGHT WANNA FOLLOW THAT.
THAT SEEMS TO BE PRETTY LOGICAL TO ME OF, YOU KNOW, LET THE OTHER ONE PLAY OUT.
AND THEN, YOU KNOW, AFTER THAT HAPPENS, THEN, THEN, THEN WE STEP IN.
UM, IS THERE ANY CORRECTION? I IF THE OTHER, IF, IF I DON'T FIND OUT THAT THEY'RE DOING SOMETHING, THEN WE GO AHEAD WITH THE CASE.
IT SEE THE, I GUESS THE PROBLEM WITH THAT IS THAT I DON'T KNOW WHAT THE OTHER PARTY IS DOING UNLESS THE COMPLAINANT TELLS ME.
SO, SO HOW, WITH CONFIDENTIAL, UH, REGULATIONS, HOW, HOW WOULD YOU KNOW FOR SURE THAT SOMEBODY HASN'T, YOU KNOW, GONE DOWN A DUAL, UH, DUAL COURSE? UH, IT'S THEIR WORD FOR IT, AND, YOU KNOW, AND THAT OPENS ANOTHER CAN OF WORMS THAT WE'LL GET BACK TO IN TERMS OF CONFIDENTIALITY.
BUT THAT'S, UH, YOU KNOW, WITH EEOC, THEY WON'T DISCUSS IT WITH ME.
UH, THE STATE WOULD, IF IT'S COFI, IF IT'S DUAL FILED, AND I, I MEAN, I COULD ALSO CONTACT, UH, THE GENTLEMAN FROM THE STATE THAT, THAT WAS IN ON THE, THE MEETING.
I FORGOT HIS NAME, BUT I HAVE IT SOMEWHERE AND ASK HIM WHETHER THE STATE ACTUALLY HAS A PREFERENCE IN TERMS OF HOW MUNICIPALITIES HANDLE IT.
AND THAT MIGHT BE SOME MORE INFORMATION THAT WE COULD HAVE.
NOT THAT IT MAKES A DIFFERENCE WHETHER WE GET A POLICY OR NOT, BUT HOW OFTEN HAVE HAS THIS OCCURRED? HMM, TOUGH QUESTION.
UH, I'M GONNA SAY LESS THAN 20% OF THE CASES.
I IS, IS THAT A QUESTION THAT YOU ASK PEOPLE IN YOUR INTERVIEW PROCESS? YES.
IN FACT, IT'S ON THE, YOU MAY FILE FORM, IT SAYS, HAVE YOU FILED THIS COMPLAINT WITH ILLINOIS DEPARTMENT OF HUMAN RIGHTS AND OR THE EQUAL OPPORTUNITY EMPLOY EEOC? WELL, WHY COULDN'T OUR POLICY JUST BE THEN? UH, IF, IF THE PERSON INDICATES IN THE FORM THAT THEY
[00:40:01]
HAVE DONE THAT, THAT WE WILL, YOU KNOW, JUST HOLD ON OUR RECOMMENDATION UNTIL THAT HAS RUN ITS COURSE.UH, AND IF THEY, IF THEY DON'T PUT THAT ON THE APPLICATION, THEN THEY FALSIFIED THE APPLICATION AND WE'RE, WE'RE, WE'RE STUCK WITH SOMETHING, UH, YOU KNOW, 'CAUSE I, I, I DON'T KNOW HOW, YOU KNOW, IF, IF, IF SOMEBODY ISN'T TRUTHFUL ABOUT THAT, HOW, UH, HOW YOU REMEDIED THAT.
WELL, WHAT, IF I'M HEARING YOU CORRECTLY, UH, IF A PERSON DUAL FILES THAT WE WOULD SAY, WE WILL NOT PROCESS THE CASE UNTIL THE OTHER PARTY HAS COMPLETED.
THAT, THAT'S, IT SEEMS LIKE THAT'S WHAT YOU'RE, KIND OF THE POLICY YOU'RE DOING RIGHT NOW, UH, IF I UNDERSTAND YOU CORRECTLY.
WELL, NOT COMPLETELY, BECAUSE, NOT EXACTLY.
WELL, BECAUSE, UH, LET'S SAY THE STATE HAS A BACKLOG OF, YOU KNOW, 700 CASES OR WHATEVER, UH, I CAN GET TO THE CASE FASTER THAN THE STATE.
UH, EEOC TENDS TO CHERRY PICK ITS CASES.
YOU KNOW, IT, IT, IT TAKES CASES THAT ARE OF MORE IMPORT WHERE THERE MIGHT BE SEVERAL EMPLOYEES INVOLVED, AND IT MIGHT BE COMPANY POLICY.
UH, OFTEN WHAT THEY WILL DO, AND, AND I DON'T HAVE A LOT OF DIRECT KNOWLEDGE OF THIS FROM, FROM, FROM THIS WORK, BUT JUST, UH, KNOWING IN GENERAL IF, IF THEY THINK THE CASE IS WEAK OR IS ISN'T THAT SIGNIFICANT, THEY'LL ISSUE A RIGHT TO SUE LETTER, WHICH MEANS YOU CAN TAKE THIS TO COURT ON YOUR OWN, BUT YOU AIN'T GONNA GET ANY HELP FROM US.
UH, SO I, I'M, I'M NOT OPPOSED TO THE IDEA OF SAYING IF YOU CHOOSE TO COFI, WE'LL LET THE OTHER PARTY GO FIRST.
THAT WOULD CERTAINLY REDUCE MY WORKLOAD.
UH, BUT IT MIGHT ALSO RESULT IN LONGER DELAYS FOR THE CASE TO BE ADJUDICATED.
UH, IT SEEMS SIMPLE UNTIL YOU COME UP WITH THE OTHER CASES THAT MAKE IT MORE COMPLICATED.
ALTHOUGH IF YOU CAN GET SOME MORE INFORMATION, THAT MIGHT HELP OUR CONSIDERATION.
YEAH, I TOO WOULD APPRECIATE, UH, MORE ELUCIDATION ON THE PART OF THE STATE.
DID YOU SAY WHETHER YOU THOUGHT THERE WAS SIGNIFICANT DIFFERENCE IN THE CRITERIA AMONG THE CITY, STATE, AND FEDERAL, UM, PROCESSES? UH, NO, I DID NOT.
UH, AND I'M GOING TO THE PROCESSES, UH, I CAN'T REALLY SPEAK TO WHAT THE PROCESSES ARE.
I, I MEANT THE CRITERIA OF, UH, OF WHAT SOMEONE WOULD ALLEGE IN OUR PROCESS AS OPPOSED TO THE CRITERIA FOR THE STATE AND THE CRITERIA FOR THE FEDERAL.
UH, YEAH, I WILL ANSWER THAT QUESTION.
I, I THINK THE DIFFERENCES ARE PRETTY MINOR.
I THINK, YOU KNOW, IN MOST CASES, WHAT'S GONNA BE A VIOLATION UNDER ONE'S GONNA BE A VIOLATION UNDER ANOTHER.
I MEAN, THERE'S, I COULD EVEN MAKE IT MORE CONFUSING AND SAY, AND SAY THAT THERE'S ALSO THE A DA AMERICANS WITH DISABILITY ACT, WHICH IS A SEPARATE ENFORCEMENT MECHANISM THAT WE'VE NEVER CROSSED PATHS WITH, BUT WE COULD.
UH, BUT, UH, BUT YOU KNOW, A LOT OF WHAT'S IN OUR CODE, FOR EXAMPLE, SEXUAL HARASSMENT, THE LANGUAGE THAT'S IN OUR CODE DEFINING SEXUAL HARASSMENT IS THE IDENTICAL LANGUAGE YOU'RE GONNA FIND IN FEDERAL AND STATE LEGISLATION.
UH, AND SO, SO THERE'S, THE DIFFERENCES ARE VERY, VERY MINOR BETWEEN WHAT'S A, WHAT'S A VIOLATION UNDER LOCAL, STATE, OR FEDERAL LAW.
UH, THERE IS LIKE ONE THING WHERE THERE, LIKE WITH FEDERAL LAW, FEDERAL LAW DOES NOT PROVIDE PROTECTION FOR SEXUAL ORIENTATION OR GENDER IDENTITY.
THAT'S, THAT'S, THERE IS SOME CASE LAW IN TERMS OF HOUSING WHERE IT'S, WHERE THEY'VE EXTENDED PROTECTIONS IN FOR, UH, GENDER IDENTITY AND SEXUAL ORIENTATION.
BUT IT'S NOT A MATTER OF FEDERAL EMPLOYMENT LAW AT THIS POINT.
UH, BUT IT IS WITH THE STATE AND, AND LOCALLY.
[00:45:01]
SO THAT WOULD BE A MAJOR DIFFERENCE.YEAH, I, I THINK WE HAVE A LITTLE MORE INFORMATION TO TRY TO GATHER BEFORE WE CONCLUDE ON THAT.
UM, BUT IT SEEMS TO ME THAT IF SOMEBODY WANTS TO, TO DOUBLE FILE, I DON'T KNOW THAT WE WOULD PRECLUDE THAT, BUT, UH, CERTAINLY, UH, BE READY TO PUT HOURS ON THE BACK BURNER, UH, TO SEE HOW THEY PROGRESS WITH THESE OTHER FILINGS AND RELY ON THAT PERSON TO SAY, OKAY, THIS HAS BEEN CONCLUDED.
THIS IS STILL IN PROGRESS PROCESS.
BUT, UM, I, I, I WOULD HATE TO DENY SOMEBODY THEIR DAY IN COURT.
ON THE OTHER HAND, I, I DON'T WANT SOMEBODY JUST KEEP PETITIONING ALL KINDS OF, UH, UM, AGENCIES TO TRY TO WIN THE DAY.
UH, SO LET ME, LET ME TALK WITH, UH, UH, AGAIN, I FORGET HIS NAME, THE GENTLEMAN FROM IDH.
I CAN, I CAN COMMUNICATE THAT MAYBE DEPENDING, AND YOU COULD SEND A MEMO TO THE COMMISSIONERS, UH, SAYING, HERE'S WHAT WE KNOW.
SO YOU'LL HAVE THAT INFORMATION BEFORE OUR NEXT MEETING.
HOW LONG WOULD YOU HOLD ON TO A CASE IF IT IS THROUGH THE HUMAN RIGHTS? YOU KNOW, HOW LONG WOULD YOU HOLD, WAIT BEFORE YOU PROCESS IT? YOU MEAN IF I KNOW THAT THEY'RE PROCESSING IT? YES.
UH, CURRENTLY, MA I CURRENTLY, THE, THE PRACTICE IS I JUST WAIT TILL THEY FINISH.
IF I KNOW THAT THEY'RE, THAT THEY'RE ACTIVELY INTERVIEWING PEOPLE, I'LL JUST WAIT TILL THEY FINISH THAT.
WOULD THAT RUN AFOUL OF THE POTENTIAL RESPONDENTS THEN? IF, UH, THERE WAS NO TIME LIMIT FOR DECATUR ACTING ON A, WELL, IT, WOULDN'T IT BE AN OFFICIAL COMPLAINT YET? BUT I'M JUST WONDERING FROM THE STANDPOINT OF THE RESPONDENT IF, UM, THAT UNDULY, UH, STRETCHES OUT THE PROCESS FOR THEM, UH, NO MORE THAN WE DO FOR THE COMPLAINANT.
I MEAN, THE, IF DURING THE INVESTIGATION, YOU KNOW, THEY'RE TALKING WITH BOTH PARTIES AND GETTING BOTH SIDES OF THE ISSUE.
SO, SO HOW, UM, WHEN YOU FILE A COMPLAINT, YOU HAVE TO DO, WITHIN HOW MANY DAYS IF IT HAP LIKE SOMETHING HAPPENED, YOU HAVE OKAY, IF THE PERSON TO FILE A CHARGE YEAH.
THE STATE RECENTLY CHANGED THEIRS TO 360 DAYS, UH, LIKE A YEAR OR TWO AGO.
SO THE STATE ACTUALLY ALLOWS A LATER FILING, WHICH, UH, YOU KNOW, CAN BE AN ADVANTAGE.
WE'VE HAD A COUPLE CASES WHERE SOMEBODY WAS JUST LATE, YOU KNOW, AND, AND IN THAT CASE, WE CAN SAY, HERE, HERE'S THE PAPERS, FILE IT WITH THE STATE.
SO THE COMPLAINANT CAN COME IN ANYTIME BEFORE THE 180 DAYS, EVEN, LIKE IF THEY FILE AT THE STATE LEVEL.
AND THEN IF THEY'RE NOT REALLY GETTING ANYTHING DONE WITHIN THOSE 180 DAYS, THEY CAN STILL COME BACK.
THEY CAN COME BACK HERE AND FILE.
SO YOU'RE SAYING LET'S SAY A PERSON FILES INITIALLY WITH THE STATE AND EITHER NOTHING HAPPENED OR, OR THEY DIDN'T LIKE WHAT HAPPENED OR WHATEVER, BUT IT'S STILL WITHIN SIX MONTHS, SO THEN THEY COME AND START HERE? UH, YEAH.
YOU KNOW, IT KIND OF REMINDS ME THOUGH, THE CASE WE HAD A MONTH OR TWO AGO WHERE SOMEBODY CAME AND EEOC HAD ALREADY RULED AGAINST THEM.
AND, AND I SAID, LISTEN, I'M, IF EEOC FOUND THERE WAS NO VIOLATION, YOU KNOW, WE'RE NOT GONNA CHANGE THAT.
SO, SO IF THEY GOT RULED AGAINST, THE CHANCES OF US PICKING UP THE CASE ARE VERY, VERY SMALL.
BUT WHAT IF THEY HAVEN'T GOT RULED AGAINST, AND THEY'RE STILL GOING THROUGH THE PROCESS, BUT IT FEEL LIKE IT'S TAKEN TOO LONG? WOULD YOU JUST GO AHEAD AND START YOUR INVESTIGATION OR, I DON'T KNOW.
IT'S, IT HASN, I, I JUST THOUGHT I'LL ASK.
I I WOULD, I'D BE VERY HESITANT IF I KNEW THAT THEY WERE STILL ON THE CASE.
SO LONG AS THEY COME IN, I, I GUESS WHAT I WANNA KNOW IS THAT THEY CAME IN, LIKE THEY FILED AND IT'S BEEN FIVE MONTHS AND THEY, AND THEY REALLY HAVEN'T HEARD FROM MM-HMM.
SO IF THEY HADN'T HEARD FROM THE STATE, THEN, THEN I'D ASSUME THAT THE STATE WASN'T PROCESSING IT, THEN WE'D GO AHEAD.
SO THAT, THAT WAS A LOT MORE DISCUSSION THAN I THOUGHT WE WERE GONNA HAVE ON THAT.
IT IS, IT IS, UH, LIKE EVERYTHING GETS MORE COMPLICATED THE MORE, YOU KNOW, I THINK THE NEXT ONE THOUGH WILL BE EASIER.
IT'S ON PAGE TWO, AND IT HAS TO DO WITH AN ISSUE THAT WE DID DISCUSS.
UH, AND WE WERE GONNA SEEK LEGAL ADVICE, WHICH IS, LET'S SAY I DISMISS A CASE AT ANY PO AT ANY LEVEL BEFORE, YOU KNOW, AND, AND OUR CODE PROVIDES THAT THE COMPLAINANT THEN HAS A RIGHT TO ASK FOR A REVIEW.
IT'S NOT, TECHNICALLY, IT'S NOT AN APPEAL, BUT IT'S, IT'S A REVIEW.
[00:50:01]
WE HAD SOME DISCUSSION ABOUT, WELL, THAT REVIEW COMES BACK TO THE COMMISSION, WHICH AT THAT TIME HAS NO KNOWLEDGE OF THE CASE, BUT IF LATER ON IT TURNS OUT TO A HEARING, THEN YOU WOULD ALREADY KNOW ABOUT THE CASE.AND IS THAT, IS THAT A PROBLEM? UH, SO WE TALKED ABOUT THAT WITH THE, UH, OUR COLLEAGUES AT THE, FROM THE OTHER CITIES.
UH, THEY ALL HAVE A SIMILAR PROCESS WHERE THE, THE REQUEST FOR A REVIEW GOES TO THE COM ENTIRE COMMISSION.
THE ONLY DIFFERENCE IS THAT THEY DON'T GIVE THEM 40 DAYS TO, TO REQUEST A REVIEW.
THEY, UH, MOST OF THEM HAVE A 14 DAY PERIOD.
AND I LIKE THAT BECAUSE THEY'RE GONNA, IF YOU GET DISMISSED, YOU KNOW, WHY, WHY WAIT 40 DAYS TO SAY YOU WANT TO HAVE IT REVIEWED? YOU KNOW, WHY WAIT 40 DAYS TO JUST PUT A, GIVE SHERRY A NOTE SAYING, I WANNA REVIEW.
THAT'S ALL THEY HAVE TO DO IS SAY, I WANT THE COMMISSION TO REVIEW IT.
UH, SO, SO I'M, I KIND OF LIKE WHAT THEY DO, AND I'D LIKE US TO CONSIDER CHANGING THAT 40 DAYS TO 14 LINE WITH WHAT OTHER COMMUNITIES DO.
CAN YOU POINT TO, TO WHERE WE'RE TALKING NOW? PAGE TWO, I HEAR.
AND, AND HERE'S AN IGNORANT QUESTION, DISTINGUISHED REVIEW FROM APPEAL.
UH, IT'S CONSIDERED A REVIEW BECAUSE, UH, WE DON'T LIKE THE TERM APPEAL BECAUSE APPEAL, LIKE AFTER THE COMMISSION MAKES A RULING, IT CAN BE APPEALED TO THE CIRCUIT COURT.
UH, AND APPEAL HAS A CERTAIN LEGAL CONNOTATION THAT LAWYERS DON'T LIKE US TO USE IN THIS CASE, EIGHTH.
SO THE REVIEW IS JUST, UM, THEM COMING TO US AFTER YOU HAVE MADE YOUR DECISION.
I THINK THAT WE'D HAD A CASE LIKE THAT BEFORE.
UH, BUT I'VE ONLY BEEN INVOLVED WITH ONE OF THOSE.
IT'S ONLY HAPPENED A FEW TIMES.
AND, AND, AND THEY, THEY'RE ENTITLED TO COME BEFORE THE ENTIRE COMMISSION.
IT'S AN OPEN MEETING AND THEY SAY, I THINK FRED MADE A MISTAKE, AND HERE'S WHY.
DO WE HAVE ANY OTHER INFORMATION ON WHICH TO BASE OUR JUDGMENT OF THAT REVIEW BESIDES, WELL, BESIDES WHAT THEY TELL US IN AN OPEN MEETING, UH, AS FAR AS THE, UH, YOUR, UH, INVESTIGATION AND WE'RE GOING ON THEIR SAY.
SO, YEAH, IF YOU RECALL THE, THE ONE CASE WE DID HAVE, UH, I ALSO MADE A PRESENTATION SAYING, HERE'S WHY.
UH, AND THAT WAS AFTER AN INVESTIGATION.
AND THEY HAD, FOR EXAMPLE, THEY HAD ALLEGED, UH, UH, UNEQUAL PAY, AND WE HAD PAY RECORDS SHOWING THAT THERE, THERE WAS NOT UNEQUAL PAY.
AND I, I BACKED THE 14 DAY PERIOD.
I THINK IF SOMEBODY IS STILL FEELING, UH, UNJUSTLY TREATED, THAT THEY'RE NOT GONNA WAIT 40, IT, IT'S BETTER TO HAVE 14 AND, AND RESOLVE IT.
DO WE NEED A MOTION FOR THAT, OR CAN WE JUST BE IN AGREEMENT? WE'VE TAKEN A LOT OF THIS ON CONSENSUS BASIS.
I THINK WE, I SUPPORT, I THINK WE DECIDED, YEAH, THAT, THAT THE ONLY MOTION WOULD BE AT THE VERY END WHEN WE'RE VOTING ON THE ENTIRE PACKAGE.
IN VIEW OF THE TIME, I DON'T REALLY, WE HAVE ONLY ABOUT FIVE MINUTES TO GO HERE.
UH, I'D ASK THE COMMISSIONERS, UH, BEFORE THE NEXT MEETING TO TAKE A LOOK AT SECTION FIVE DASH 11, UH, WHICH HAS TO DO WITH THE, UH, THE PENALTY.
AND, UH, TAKE A LOOK AT, FIRST OF ALL, THE FACT THAT, UH, THE ONLY TIME UNDER THE ORDINANCE THAT YOU CAN ASSESS AN ACTUAL FINANCIAL PENALTY OF A RESPONDENT IS IN REAL ESTATE DISCRIMINATION, NOT IN, NOT IN EMPLOYMENT, NOT IN PUBLIC ACCOMMODATIONS, NOT IN CREDIT.
I I HAD NOT REALIZED THAT UNTIL ABOUT THE 33RD TIME I READ THIS THING, THAT IT COVERS ONLY, UH, ARTICLE EIGHT, WHICH IS REAL ESTATE.
UH, SO DO YOU WANT THE ABILITY TO LEVEL LEVY FINES FOR OTHER VIOLATIONS? IT'S SOMETHING YOU MIGHT WANNA CONSIDER.
[00:55:01]
YOU MIGHT WANNA TAKE A LOOK AT THE AMOUNT, YOU KNOW, I DON'T KNOW THAT THE AMOUNT'S BEEN ADJUSTED, UH, SINCE THE ORDINANCE WAS CREATED BACK IN 1968.UH, I, IT SEEMS LIKE, UH, I THINK INFLATION WOULD'VE, UH, TAKEN CARE OF SOME OF THIS HERE.
UH, SO THIS, THIS SEEMS PRETTY, PRETTY MILD.
I CAN SEE SOME OF OUR LARGER EMPLOYERS SAYING, OH MY GOD, YOU'RE GONNA MAKE ME PAY $500.
UH, THAT, ANYWAY, I, I, THAT, THAT WOULD BE THE ONE UPCOMING ISSUE THAT I THINK YOU MIGHT WANNA THINK ABOUT AHEAD OF TIME.
THE OTHER ONES THAT ARE NOTED ON PAGE THREE ARE, ARE VERY MINOR.
UH, ONE HAS TO DO WITH SETTING THE DATE OF THE HEARING, AND THE OTHER HAS TO DO WITH, UH, UH, THE, THE WORD CHARGE IS USED IN THE EXISTING, UH, LANGUAGE RATHER THAN, AND IT SHOULD BE COMPLAINT, UH, OH, YOU MIGHT TAKE, TAKE A LOOK AT FIVE 10.
I THINK WE'VE HAD SOME DISCUSSION ABOUT THIS.
UH, WHETHER THE, UH, COMMISSION ONCE THE POWER TO, UH, ASSESS A COMPLAINANT FOR THE LEGAL FEES PAID BY THE RESPONDENT, IF YOU FIND THE COMPLAINT WAS FRIVOLOUS, UNREASONABLE, OR GROUNDLESS.
AND THAT'S, WE'VE HAD SOME DISCUSSION ABOUT THAT, AND I CAN'T REMEMBER WHERE WE LANDED.
WE WERE GONNA CONTINUE THAT DISCUSSION.
SO, UH, SO NEXT MONTH WE MAY GET TO SOME OF THOSE ISSUES, BUT WE'RE ALSO GONNA BE DISCUSSING WITH MS. W THE ISSUES THAT WE HAD WITH HER.
SO, UH, SHE, SHE'LL BE ASKED TO BE IN ATTENDANCE.
SHE'LL, WE'LL ASK HER TO BE IN ATTENDANCE.
WE WILL HAVE THE RECOMMENDATION FROM THE HEARING.
WE'LL ALSO HAVE THESE ISSUES, AND WE ONLY HAVE AN HOUR, SO WE'LL SEE HOW FAR WE GET.
I MIGHT MENTION UNDER OTHER BUSINESS IN THE REMAINING THREE MINUTES THAT, UM, IT SAYS THAT ELECTION OF OFFICERS, UH, CANNOT BE STALLED, UH, MUCH LONGER THAN THE MAY MEETING.
UM, SO BE THINKING YOU AMBITIOUS PEOPLE ABOUT, UH, WHO YOU MIGHT WANT TO BE YOUR NEXT CHAIRMAN AND VICE CHAIRMAN.
SO, I, UNLESS THERE ARE OTHER THINGS TO BE BROUGHT UP, I'D ENTERTAIN A MOTION FOR ADJOURNMENT.