Civil Rights Commission

CIVIL RIGHTS COMMISSION MEETING CITY OF DAVENPORT, IOWA Tuesday, September 9, 2025; 12:00 PM Virtual Via Zoom: https://us02web.zoom.us/j/84869608008?pwd=MUhuMUNSUnp4WlZndk9tbXZiMlY1UT09 AMID CONCERNS ABOUT THE SPREAD OF COVID-19 (CORONAVIRUS) WITHIN OUR COMMUNITY, AS AN ONGOING MITIGATION MEASURE, IN COMPLIANCE WITH CDC RECOMMENDATIONS, THE COMMISSION WILL HOST ITS NEXT MONTHLY MEETING, SCHEDULED FOR SEPTEMBER 9, 2025, AT NOON THROUGH A VIRTUAL FORMAT. THIS ACTION HAS BEEN TAKEN DUE TO SAFETY CONCERNS ASSOCIATED WITH COVID-19. THE HEALTH AND SAFETY OF COMMUNITY MEMBERS, VISITORS, CUSTOMERS AND OUR STAFF AT THE DAVENPORT CIVIL RIGHTS COMMISSION IS ALWAYS A TOP PRIORITY. IT IS WITH THIS IN MIND THAT WE HAVE TAKEN THIS STEP TO MITIGATE THE POSSIBILITY OF COMMUNITY TRANSMISSION. IF YOU WOULD LIKE TO SIGN UP TO ATTEND OUR NEXT MEETING, PLEASE REGISTER IN ADVANCE FOR THIS MEETING - YOU WILL FIND THE LINK IN THE AGENDA UNDER ROLL CALL. AFTER REGISTERING, YOU WILL RECEIVE A CONFIRMATION EMAIL CONTAINING INFORMATION ABOUT JOINING THE MEETING. I. Roll Call Virtual Via Zoom: https://us02web.zoom.us/j/84869608008?pwd=MUhuMUNSUnp4WlZndk9tbXZiMlY1UT09 II. Approval of Agenda III. Approval of Minutes A. August 2025 Minutes IV. Director's Report A. August 2025 Director's Report B. August 2025 Case Status Report V. New Business A. E-0081-0036-21 B. Discussion of Potential Overreach by the City Attorney into Commission Authority C. New Positions  1. Senior Civil Rights Analyst 2. Civil Rights Intake Specialist 3. Civil Rights Intake Intern 4. Civil Rights Mediator 5. Part-Time Senior Civil Rights Analyst D. Update to the Hearing Officer List VI. Old Business VII. Public Comment and Presentation VIII. Adjourn IX. Next Meeting  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 9/9/2025 Subject: August 2025 Minutes Attachments: 1. AUGUST 2025 Meeting MInutes  CIVIL RIGHTS COMMISSION MEETING CITY OF DAVENPORT, IA TUESDAY, AUGUST 12, 2025 The Davenport Civil Rights Commission met and Called to Order: 12:01 via Zoom. Commissioner Mike Guster presided over the meeting. ROLL CALL: COMMISSIONERS PRESENT: Mike Guster Frank Holley Charlene Upchurch-Taylor Glenn Peterson Ethelene Boyd Jeff Transou COMMISSIONERS ABSENT: OTHER ATTENDEES: Director Latrice Lacey The City of Davenport AGENDA: Commissioner Mike Guster called for the approval of the agenda. It was moved by Commissioner Charlene Upchurch-Taylor to accept the agenda: seconded by Commissioner Ethelene Boyd; motion carried. APPROVAL of JULY 2025 MINUTES: It was moved by Commissioner Ethelene Boyd to accept the minutes with any necessary corrections; Seconded by Commissioner Glenn Peterson; motion carried DIRECTOR’S REPORT: • No right to sue letters issued in the month of July • No mediation or conciliation settlements in the month of July • Director Lacey attended the pre-bid meeting for the office remodel that they hosted, where they brought in the contractors. Director Lacey hasn’t gotten any updates on whether or not they actually received any bids, but, she did speak to the staff member in Public Works who was handling the remodel project • The Director attended the pre-bid meeting for the office remodel. • The Director conducted the 35th Anniversary of the ADA training. • The Director continues to await a substantive response regarding salary assessment data for the agency’s investigation-related positions. The Director has conducted further analysis, as it was unclear how the Commission could be subject to adverse effects or  • The Director attended the IAOHRA Midwest meeting, the conference will be held in October in Anchorage, Alaska, we are still awaiting the receipt of the agenda. • The Director worked with Councilman Kelly and Councilwoman Burkholder and Corporate Counsel to update the proposed resolution, it was passed on July 23, 2025. • The Director has yet to receive responsive information from the City Administrator regarding the information from Finance relating to the HUD funding, where we were notified that Finance would no longer do the Finance-related certification for our HUD contract, despite controlling the funding and the lack of response from Human Resources, the delays in processing personnel actions by Finance and Human Resources, the unilateral removal of the Civil Rights Investigator job posting from Human Resources and the absence of resolution to the internal complaint regarding the interception of the Commission’s confidential mail, submitted on December 20, 2023. NEW BUSINESS: None OLD BUSINESS: A. Commission Position Salaries- It was moved by Commissioner Ethelene Body and Second by Commissioner Jeff Transou that this Commission formally assert that it is a separate public employer under Iowa Code § 20.3(10) with exclusive authority over labor relations for its employees. This Commission has not authorized any party to negotiate or enter into a collective bargaining agreement on its behalf, nor has it ratified any such agreement. Therefore, any inclusion of Commission employees in a municipal union agreement negotiated or ratified without the Commission’s participation and approval is unauthorized, ultra vires, and not binding on this Commission or its employees, as such we will move forward with setting the salaries for the two Commission positions in question. Motion Carried 1. Civil Rights Specialist-It was moved by Commissioner Charlene Upchurch- Taylor and second by Commissioner Ethelene Boyd that we adopt Salary Grade 34, with a salary range of $68,734.64 to $90,181.10, for the Civil Rights Specialist position. This salary range reflects the specialized education, experience, and skills required for this role and ensures competitive and equitable compensation within our organization. Motion carried 2 Civil Rights Investigator-- It was moved by Commissioner Charlene Upchurch-Taylor and Second by Commissioner Ethelene Boyd that the Commission adopt Salary Grade 28, with a salary range of $59,275.63 to $77,759.34, for the Civil Rights Investigator position. This salary range reflects the specialized education, experience, and skills required for this role and ensures competitive and equitable compensation within our organization. Motion carried B. Commission/Remodel/Relocation Updates 1. Requirements for Commission Relocation- It was moved by Commissioner Ethelene Boyd and second by Commissioner Jeff Transou that the Commission adopt the relocation requirements as presented, establishing them as the official criteria for identifying and approving a new location for the agency. These requirements will guide the selection process to ensure the new facility meets the agency’s operational, accessibility, and programmatic needs. 2. 3506 N. Harrison Relocation- It was moved by Commissioner Charlene Upchurch-Taylor and second by Commissioner Ethelene Boyd that the Commission approve the proposed alterations of 3506 N Harrison, identified to make  the facility functional and accessible for the agency’s operations and approve relocating the agency to the property located at 3506 N Harrison, contingent upon completion of the outlined alterations necessary to make the facility functional and accessible for the agency’s operations. Motion carried. C. Davenport Civil Rights Commission Council Resolution-Director Lacey stated that the update had passed, and it is expected to be some follow-up on the items that have been stalled for several months and or years. PUBLIC COMMENTS AND PRESENTATIONS: None NEXT MEETING: Regular DCRC Meeting, September 9, 2025 ADJOURN: Commissioner Mike Guster called to adjourn the meeting. It was moved by Commissioner Jeff Transou and Seconded by Commissioner Ethelene Boyd to adjourn the meeting at 12:45; motion carried. Submitted by, Commissioner Charlene Upchurch-Taylor Commissioner Charlene Upchurch-Taylor, Secretary  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 9/9/2025 Subject: August 2025 Director's Report Attachments: 1. August Directors Report  DIRECTOR’S REPORT FOR THE DAVENPORT CIVIL RIGHTS COMMISSION FOR August 2025 I. CASE STATUS 1. No “right to sue” letters were issued in the month of August. 2. One employment case settled in mediation in the month of August, the case involved allegations of race discrimination and settled for $8,000 and relief in the public interest. One housing case settled in conciliation for $10,000 and relief in the public interest, it involved allegations of disability discrimination. II. OTHER ACTIVITY 1. The Director completed case processing documentation. 2. The Director continues to await a substantive response regarding salary assessment data for the agency’s investigation-related positions. The Director has conducted further analysis, as it was unclear how the Commission could be subject to adverse effects or limitations arising from actions taken by city staff. The Director has not received any information which shows that the city staff obtained authority to negotiate on behalf of the Commission. The Director has not received any followup providing an update on the potential legal remedies or recommendations, to date. The Director has likewise not received a response to the request for independent outside counsel to advise the Commission on this topic as the city and the Commission are in an adverse position. 3. The Director attended the IAOHRA Midwest meeting, the conference will be held in October in Anchorage, Alaska, we are awaiting responses from Commissioners as to their interest in attending. 4. The Director awaited completion of Commission approved items following the passage of the resolution at the July 23, 2025 City Council meeting. 5. The Director awaited an update on the property proposed for the of ce relocation. 6. The Director has yet to receive responsive information from the City Administrator regarding the information from Finance relating to the HUD funding, where we were noti ed that Finance would no longer do the Finance-related certi cation for our HUD contract, despite controlling the funding and the lack of response from Human Resources, the delays in processing personnel actions by Finance and Human Resources, the unilateral removal of the Civil Rights Investigator job posting from Human Resources and the absence of resolution to the internal complaint regarding the interception of the Commission’s con dential mail, submitted on December 20, 2023. 7. The Director continued to monitor COVID-191 rates and its impact on of ce functions. 8. The Director worked on case resolution documents. 9. The Director worked on litigation. 10. The Director began reviewing applications for the Civil Rights Specialist position and submitted pre-recruitments for the Civil Rights Investigator positions. 11. The Director continues to work on the development of training and professional development opportunities related to the staf ng realignment related to the forced departure of the Asst. Director/Housing Programs Manager. 12. Housing Analyst worked on housing investigations. 13. Housing Analyst worked on housing inquiries. 1 Also, measles, influenza and RSV. fi fi fi fi fi fi  14. Housing Analyst worked on case resolutions. 15. Investigations Manager worked on case le reviews and updates. 16. Investigations Manager worked on case resolutions. 17. Investigations Manager worked on complaint intakes. 18. Investigations Manager completed an expedited investigation. III. OLD BUSINESS 1. Ongoing discrimination, harassment and bullying of Commission staff. 1. Retaliatory actions against Commission staff and further examples of different treatment. 2. Legal Department refusal to accept Commission referral. 3. Use of racial slurs in City Hall. City’s failure to initiate complaint investigation. 4. Investigation of hostile working environment, still no ndings over a year after the initiation of the investigation. 5. Continued refusal to process vacation correction, despite receiving their legal opinion which clearly indicates that the Commission’s procedure for processing the correction was appropriate and the subsequent resolution directing the reversal of any decisions infringing on the Commission’s decision making authority. 6. Constructive discharge of Commission employees. 7. Staf ng Concerns - Investigation position postings and salary. 8. The Commission continues to face delays and obstructive actions by City Administration that have hindered resolution of matters previously presented to the City Council. These actions appear to be intended to undermine the Commission’s mission and re ect ongoing retaliation and retaliatory harassment in response to substantiated complaints of discrimination and harassment. 9. Salary Update Procedure - The Director received an email on September 4, 2025 indicating that it is the City Attorney’s position that the Commission employees are city employees for the purposes of bargaining. 10. Of ce Relocation - The Director has conducted a preliminary accessibility audit of the property, there appears to be suf cient room for the Commission and it appears to be able to be updated within the budget set for the of ce remodel. 11. Council Resolution - The resolution was passed July 23, 2025 however past actions have not ben corrected. IV. NEW BUSINESS 1. Commission salary updates and hiring blocked by the City Attorney citing the city’s union agreement. fl fi fi fi fi fi fi  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 9/9/2025 Subject: August 2025 Case Status Report Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 9/9/2025 Subject: E-0081-0036-21 Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 9/9/2025 Subject: Discussion of Potential Overreach by the City Attorney into Commission Authority Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 9/9/2025 Subject: New Positions Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 9/9/2025 Subject: Senior Civil Rights Analyst Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 9/9/2025 Subject: Civil Rights Intake Specialist Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 9/9/2025 Subject: Civil Rights Intake Intern Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 9/9/2025 Subject: Civil Rights Mediator Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 9/9/2025 Subject: Part-Time Senior Civil Rights Analyst Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 9/9/2025 Subject: Update to the Hearing Officer List Attachments: None