Human Relations Commission

MINUTES CITY OF DEKALB HUMAN RELATIONS COMMISSION February 2, 2016 The Human Relations Commission held a Meeting on February 2, 2016 in City Hall Council Chambers. Chair Larry Apperson calling meeting to order called the meeting to order at 6:43 p.m. A. ROLL CALL The following members of the HRC were present: Larry Apperson (Chair), Joe Gastiger, Norden Gilbert, Lisa King, Ellingsworth Webb, Robert Williams and Cameron Zelaya. Chair Apperson also asked the following City staff members present to introduce themselves: City Manager Anne Marie Gaura, Ward Five Alderman Kate Noreiko, Rehabilitation Program Specialist Joanne Rouse, Police Chief Gene Lowery, City Attorney Dean Frieders and Management Analyst Lauren Stott. Notes were taken by Analyst Stott. Chair Apperson also provided a brief overview of the mission and role of the Human Relations Commission in the City of DeKalb. B. APPROVAL OF THE AGENDA – ADDITIONS / DELETIONS Commissioner Zelaya motioned to approve the agenda, Commissioner Gilbert seconded the motion. C. APPROVAL OF MINUTES The January 5, 2016 minutes were approved. D. PUBLIC PARTICIPATION The public participation period focused on the agenda item titled “Discussion on Public Assemblies:” NIU Chief Diversity Officer Vernese Edghill-Walden said she has worked previously with the HRC on encouraging engagement of residents. Edghill-Walden said it is important for the community to have ample time to discuss public assemblies, and she said she requests for NIU Regular Meeting February 2, 2016 Page 2 of 7 representatives to meet with City stakeholders on this topic in the future. Edghill-Walden said she believes it is important to provide education on free speech, the First Amendment and the right to assemble. Kay Shelton, Ward Three, referenced ordinances from Macomb, Illinois and Champaign, Illinois and said she believes they define “lawful assembly” in a positive way that DeKalb should emulate. She also indicated that she believes it is important for spontaneous assemblies to be allowed within the City. Misty Haji-Sheikh, Ward Five, said she thought there were several aspects of the City-provided packet with which she did not agree. She said she wished to see more definitions in the packet and outlined some various ways she interpreted items in the City-provided packet. Commissioner Gilbert asked for City staff to indicate the origin of the City-provided packet, and Attorney Frieders indicated that staff created it. NIU Professor Michael Haji-Sheikh indicated that he wrote a letter that was published in the newspaper regarding public assemblies in DeKalb. He said he would like staff to clarify exactly by who the City-provided document was written. Chair Apperson said that any time a document is produced by “City staff,” it is considered a document that is produced by the City as a whole, rather than individuals of the City. Ward Five Resident Bessie Chronopoulos said she hopes that the current meeting isn’t the only meeting where the HRC ponders public assemblies in the City. She said she hopes this discussion spurs more discussions on sensitive issues. Chronopolous said she believes that the HRC should have been given more materials than they received in it’s meeting packet. Analyst Stott said staff provided materials in the packet that did not include the original ordinances. The Commissioners discussed the items included in the packet. Katie Stoddard said that the materials provided to the City Council are different from the items provided to the HRC prior to the current meeting, and that she would is not satisfied with the amount of trust between residents and the City. Attorney Frieders said the original documentation can be provided to the HRC when the Commission meets next. Abraham Tavera said he would have liked for the current meeting to be transmitted via television. Tavera said he does not think Homeland Security should be involved in a local ordinance. Tavera referenced a past mass gathering in the City. He said he believes community members should work together on this issue. Police Chief Lowery provided a point of clarification regarding the past mass gathering referenced by the previous public commenter. NIU Student Timothy Brandner indicated that he believed more student outreach should have occurred prior to the public assemblies item being considered by City Council. He said he hopes that the next time an ordinance is being considered that will affect students, student outreach will occur. He said he believes that although other City Councils have similar public assembly ordinances, it still may not be appropriate for the DeKalb Council to approve an ordinance regarding public assembly. Brandner referenced various parts of the originally proposed ordinances with which the NIU Student Association disagreed. NIU Law Student Elizabeth Heckenast asked the Commissioner whether its meeting is public. The Commission members responded that it is open to the public. She indicated that she believes the meeting agenda should explicitly indicate that the meeting is open to the public. Heckenast reviewed elements of the City-provided materials and said she does not agree with several of the elements of the materials. She expressed a need for defining “fighting words” and “commanding officer”. If one person held accountable, then all are held accountable? NIU Student Timi Adeboje said the text of the proposed public assembly ordinances should include altered language to reflect diversity in the City. He said there is concern regarding the way elements of the proposed ordinance may be interpreted and that all groups within the City should be represented in the conversation about public assemblies. Adeboje said he believes there are improvements that should be made regarding the Police force and diversity in the community. Don Henderson, retired director of student legal assistance at NIU, said he believes the contemplated public assembly ordinances should not be passed by the City Council. Henderson said he believes the previously contemplated ordinance includes elements of prior restraint. He said he believes it is inappropriate for the City to indicate to residents how they may assemble. He said it would be helpful for anyone who is interested in knowing how to assemble to know the rules of assemble. Henderson said some people are unaware of their rights related to assembly and more education is necessary. Commissioner Webb indicated that the State of Illinois law regarding public assemblies is more concentrated than the ordinance contemplated by the City. NIU law student Nicole Page said there is language within the proposed ordinance that she doesn’t believe should be included. She said the HRC should consider more education about the terms included in the proposed ordinance. Rich Rice of Ward Three said he has been previously involved with the Human Relations Commission. He said he is glad that the process for contemplating public assemblies within the City has just begun. He said he would appreciate if the HRC would look beyond the previous and past materials provided to the City Council to contemplate this item. He stated that language of the ordinances may be constitutional, but the implementation of it could violate the constitution. With lots of police, how the law implemented, could be done illegally. Bill Moore said he believes a refocus is necessary, and that the most important part of the issue is the relationship with the public and the Police Department. He said it is important to identify Regular Meeting February 2, 2016 Page 4 of 7 parties that are trusted by both the Police Department and members of the public to facilitate the discussion. He said he hopes there is more warnings to offenders prior to arrest or further action within the community. Commissioner Williams responded and said that black males respond differently to Police interactions and that warnings referenced by Moore are sometimes not probable. Williams said that he has not had negative interactions with Police in the City of DeKalb. Williams also said that his interactions with Police Chief Lowery have been positive. He said he is focused on the things that are being said about the way people are treated in the community. Steve Kapitan said he is not convinced that the proposed ordinance should be passed. He identified items within the draft ordinance with which he does not agree. NIU Student Mary Grace said she came to the meeting to defend the passage of the ordinance in an attempt to protect her safety, but she read in the Northern Star that the NIU Student Association was not in favor of the ordinance so she wanted to attend the meeting to learn more about it. She came to the meeting to understand whether the proposed ordinance was outside of students’ capabilities. She said the ordinance doesn’t explain well enough its intention. Abraham Tavera asked a question regarding Police action and citizens’ ability or right to obey or disobey the Police. Chief Lowery clarified that the ordinances are subject to the interpretation of the Police Department, and that the Police often consult with the City Attorney on questions such as the one posed by Tavera. Commissioner King asked whether the proposed ordinance had been discussed with the NIU Police Department. Chief Lowery indicated that he wanted to address some of the background of the proposed ordinance and he said that cultural awareness was a major factor in the discussion on this ordinance. He said that he discussed the proposed ordinance not only with the NIU Chief of Police, but also with the Sycamore Police Chief and the DeKalb County Sheriff’s Department. He also clarified that he has never had an issue with any students on the NIU campus, and that the mass assemblies that cause issues are related to off-campus mass gatherings and parties. Lowery said he hopes to move forward in a positive way and receive input from the community to do the right thing. Commissioner King said she is concerned about diversity training and the types of trainings available to Police officers. Chief Lowery said he wanted to address the fact that the City of DeKalb sent its Police Officers to the Homeland Security agency for specific training. He said his officers have ongoing training to address a variety of ways they may interact with the community. He said the point of the proposed ordinance was so that the City could address out-of-control crowds that may occur. Commissioner King said she would like the Chief to clarify the frequency of the training, and asked why this ordinance was chosen for action and not other items. Chief Lowery said the proposed ordinance evolved to ensure the safety of the community, and that he respects the Commission’s choice in support or disapproval of the ordinance. Attorney Frieders said he acknowledges that the City does not have to move forward with the ordinance and that staff and the City Council would like to contemplate all options before considering moving forward. Frieders provided additional background information regarding the evolvement of the ordinance draft. Frieders asked the HRC and the public to contemplate whether there will be a situation where an ordinance should exist so a Police Officer should intervene before safety issues are triggered. Jane Ann Moore said she feels prejudiced against the Homeland Security element, and that she hopes the Police will align their actions with the initiatives started by President Barack Obama. Fifth Ward Resident Bill Feldman said that he believes this item is an example of the way NIU and the City should work together on sensitive items. He also indicated that he hopes protocols for reporting on various items are developed. The current ordinances are more focused on mob action versus ordinances on assembly. Misty Haji-Sheikh said she believes the HRC meeting should have been televised. She provided first-hand examples of her interactions with members of the DeKalb Police Department. She thanked the HRC for their participation in the discussion. Steve Kapitan asked how the ordinance would allow lesser sanctions, rather than the enforcement of the State law. Chief Lowery and Attorney Frieders responded, saying that Police Officers use their discretion to attempt to solve issues rather than escalating the issue. The intention was to avoid use of state law since it is terribly vague and have a City ordinance that informs the public of when and what is a problem in assemblies. These ordinances, as City ordinances, allow the City to charge violators in unlawful assemblies with ordinance violations that are much less severe than the use of state statutes violations such as Mob Action that carry higher level misdemeanors or even felony charges that remain on student or community residents’ records. Commissioner King said that members of the HRC have participated in ride-alongs with Police, and Chief Lowery responded with information regarding the City’s programs. Student Timothy Brandner said he doesn’t believe the ordinance will apply appropriately. He hopes the ordinance will slowly build to a level of appropriateness. He said he believes activities occurring in Greek Row will be unlawful under the proposed ordinance. Katie Stoddard said it is important for white privilege to be considered in contemplating the proposed ordinance. Regular Meeting February 2, 2016 Page 6 of 7 Chair Apperson indicated that several efforts for cultural competency training are being addressed at the City level. Commissioner Williams said that segregation is natural and that it is appropriate for people in the community to reach out to others to overcome segregation. Beth Campen promoted the upcoming Beloved Community Dinner. Commissioner Webb said he is grateful that the community came together for a productive discussion. Attorney Frieders recommended determining the next steps for the public assemblies discussion. A recess was initiated by Chair Apperson at 10:06 p.m. and ended at 10:12 p.m. E. OLD BUSINESS Chair Apperson indicated that no new business would be addressed. F. NEW BUSINESS Community Development Block Grant Plan Rehabilitation Program Specialist Joanne Rouse introduced herself and provided background on the Community Development Block Grant program. She indicated that year two of the five-year cycle was up for review and discussion before it goes before the City Council. Rouse said the program is designed to address low income housing issues that affect life and safety of residents. Community Development Director Ellen Divita indicated that a directive from HUD is to concentrate dollars in a more specific area, rather than spreading it around many projects. Commissioner Gastiger said he would like more information about the best use of funding, and Joanne Rouse responded with some examples of how dollars are used to improve lives within the community. Director Divita provided some examples of other community input that the department has received on the draft plan. Joanne Rouse indicated that public comments will be accepted until February 8, and all HRC members and community members can provide input on how they believe funds can best be used. Commissioner King asked what the requirement is for public outreach, and Rouse and Divita said that while they are conscious of the requirements, they intend to reach beyond the requirement and achieve widespread outreach throughout the community. Commissioner Webb moved to receive and approve the report. The motion was seconded by Commissioner Zelaya. Public Assemblies Chair Apperson said that the Commission will review the draft minutes from the current meeting and determine the next steps for discussion on the item. This item was approved by the Commission. The Commission agreed to maintain its regular March meeting, but to add a special meeting on February 18, 2016. Commissioner Gastiger motioned and Commissioner Zelaya seconded the motion. G. ADJOURNMENT The meeting was adjourned at 10:48 p.m. __________________________________________ LAUREN STOTT, Management Analyst Minutes approved by the Human Relations Commission on February 18, 2016.