Civil Rights Commission

CIVIL RIGHTS COMMISSION MEETING CITY OF DAVENPORT, IOWA Tuesday, October 14, 2025; 12:00 PM Virtual Via Zoom: https://us02web.zoom.us/j/84869608008?pwd=MUhuMUNSUnp4WlZndk9tbXZiMlY1UT09 I. Roll Call A. Virtual Via Zoom: https://us02web.zoom.us/j/84869608008?pwd=MUhuMUNSUnp4WlZndk9tbXZiMlY1UT09 II. Approval of Agenda III. Approval of Minutes A. Special Meeting Minutes B. September 2025 Minutes IV. Director's Report A. September 2025 Director's Report B. September 2025 Case Status Report V. New Business A. Commission Positions - Union VI. Old Business VII. Closed Session Pursuant to Iowa Code 21.5(1)(f) A. ED-0118-0002-15 VIII. Closed Session Pursuant to Iowa Code 21.5(1)(c) IX. Public Comment and Presentation X. Adjourn XI. Next Meeting  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 10/14/2025 Subject: Special Meeting Minutes Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 10/14/2025 Subject: September 2025 Minutes Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 10/14/2025 Subject: September 2025 Director's Report Attachments: 1. September 2025 DIRECTOR’S REPORT FOR THE DAVENPORT CIVIL RIGHTS COMMISSION FOR September 2025 I. CASE STATUS 1. No “right to sue” letters were issued in the month of September. 2. No cases settled in mediation or conciliation in the month of September. II. OTHER ACTIVITY 1. The Director completed case processing documentation. 2. The Director continues to await a substantive response regarding the implementation of the salaries for the agency’s investigation-related positions. In the interim, the Director has conducted additional analysis to better understand the Commission’s position and any potential limitations that may arise from actions taken by city staff. At this time, the Director has not received documentation indicating that city staff were authorized to negotiate on behalf of the Commission. The City Attorney states that the previously existing positions were in the union going back to the 1980s. However, that origin predates the City Council’s 2005 amendment to Ordinance §2.58.050(A), which expressly delineated the Commission’s authority over staff. Following that amendment, city staff were obligated to align their actions and practices with the amended ordinance by recognizing and implementing the Commission’s authority in all personnel matters within its jurisdiction. 3. The City’s Department of Human Resources is “responsible for the recruitment, testing and placement of new employees, for administration of compensation and bene t plans, for employee training and development, for the negotiation of contracts with employee unions and for resolution of appeals and grievances.” under § 2.50.020. The Director of Human Resources is obligated to provide staff services to boards and commissions, and this obligation necessarily includes carrying out the Commission’s lawful directives and decisions within its authority. 4. Despite repeated requests, the Director has not received documentation con rming that city staff were authorized to negotiate on behalf of the Commission, either before or after the 2005 amendment. To date, no follow-up has been provided regarding the implementation of potential legal remedies or recommendations, and there is no indication that the City Attorney has consulted with the union to determine its position on this matter. The City Attorney has stated that the City is the public employer for all unionized positions, including those assigned to the Commission. Despite that position, he has sought Commission direction on whether those positions should be removed from the union, an issue that properly lies within the City Council’s jurisdiction as the public employer, thereby shifting responsibility contrary to the structure established by ordinance. The Director has consulted with independent outside counsel to advise the Commission on this matter, as the city and the Commission hold differing legal interpretations of the relevant provisions. 5. The Director attended the HUD FHAP meeting where we discussed new FHAP procedures and program requirements. 6. The Director continues to await completion of Commission approved items following the passage of the Council’s resolution at the July 23, 2025 City Council meeting. 7. The Director received an update on the property proposed for the of ce relocation, however we continue to await updates on next steps. fi fi fi  8. The Director has yet to receive responsive information from the now-former 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. There is still no resolution of the internal complaint regarding the interception of the Commission’s con dential mail, submitted on December 20, 2023. 9. The Director continues to monitor COVID-191 rates and its impact on of ce functions. 10. The Director worked on case resolution documents. 11. The Director worked on litigation. 12. The Director began reviewing applications for the Civil Rights Specialist position and submitted pre-recruitments for the Civil Rights Investigator positions. 13. 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. 14. Housing Analyst worked on housing investigations. 15. Housing Analyst worked on housing inquiries. 16. Housing Analyst worked on case resolutions. 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. The city submitted a copy of 1 Also, measles, influenza and RSV. fi fl fi fi fi fi fi fi fi fi fi  the preliminary report of the property, which appears to highlight the same issue included within the preliminary accessibility audit submitted by the Commission. 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, even for positions not in the city’s union.  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 10/14/2025 Subject: September 2025 Case Status Report Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 10/14/2025 Subject: Commission Positions - Union Attachments: None