Human Relations Commission

MINUTES CITY OF DEKALB HUMAN RELATIONS COMMISSION SPECIAL MEETING February 18, 2016 The Human Relations Commission held a Meeting on February 18, 2016 in City Hall Council Chambers. Chair Larry Apperson called the meeting to order at 6:41 p.m. A. ROLL CALL The following members of the HRC were present: Larry Apperson (Chair), Joe Gastiger, Norden Gilbert, Lisa King, Ellingsworth Webb, and Cameron Zelaya. Commissioner Robert Williams was absent. The following City staff members were present: City Manager Anne Marie Gaura, Chief Gene Lowery, City Attorney Dean Frieders and Management Analyst Lauren Stott. Notes were taken by Analyst Stott. B. APPROVAL OF THE AGENDA – ADDITIONS / DELETIONS The agenda was approved with no additions or deletions. C. APPROVAL OF MINUTES Commissioner Gilbert indicated two minor changes should be made to the minutes document. These changes included the update of NIU student recorded as “Michael Page” to “Nicole Page,” the correct identifier. The February 2, 2016 minutes were approved. Commissioner King indicated that she did not see the minutes document requiring the correction to “Nicole Page.” Chair Apperson and Analyst Stott indicated that the reason her document was different is because she was reading from the original minutes document presented via email immediately following the February 2 meeting for review to the Commission, but not the document that was updated for inclusion in the agenda for this meeting. D. PUBLIC PARTICIPATION The public participation period focused on the agenda item titled “Discussion on Public Assemblies:” Regular Meeting February 18, 2016 Page 2 of 6 Kay Shelton said she believes the updated materials, including ordinance updates, are more aligned with the community needs than the previous version. She indicated that the “community groups contacted” section should be included in the newest version. Shelton also indicated that several other items should be considered for change, including the mention of openly displayed pepper spray which might be open to interpretation. Bessie Chronopoulos indicated she is pleased with the materials included in the backup material for this meeting. E. OLD BUSINESS Commissioner Gastiger indicated that while he believes the updated version of the ordinance is better than the original, he still hopes more changes will be made to ensure misinterpretations do not occur. Gastiger said he hopes the ordinance does not require protesters to yield to the City at all costs. Commissioner Webb said he believes all human rights should be considered alongside this ordinance, should it be adopted by the City. Commissioner King said she believes the ordinance is meant to instill fear instead of promote crowd control. She said she is not comfortable with a recommendation to adopt the ordinance. She indicated that most people protesting are not problematic, and that people who protest have a right to demand dignity in their communities. Commissioner Gilbert said he doesn’t fully understand why the existing ordinances and state laws are not adequately eradicating issues surrounding public assemblies. Commissioner Gilbert said that he hopes the Police in DeKalb will follow the example of the Police in Chicago, who allow protesters to peacefully assemble while still perhaps blocking traffic. Audience member Bill Moore said he does not believe the updated document adequately informs the public about how to adequately compile a peaceable assembly. He said he believes a group of Officers, rather than a single Officer, should make decisions on whether a group should be dissembled based on the requirements of the proposed ordinance. Audience member and retired director of student legal assistance at NIU Don Henderson said he believes the ordinance fails to indicate how it intends to protect the public from safety hazards that may arise out of unlawful assemblies. He said he isn’t sure whether an ordinance is necessary because it is impossible to identify all possible situations and outcomes surrounding issues of public assemblies. Audience Member Rich Rice said he agrees with Henderson and doesn’t believe the proposed ordinance will have the intended effects in practice. Chair Apperson said he isn’t sure that the ordinance does an effective job of indicating how the Police are ensuring peace and peaceful assemblies. He said he understands why NIU students might be uncomfortable with the ordinances and said he believes a large public relations campaign is necessary to ensure everyone understands the intent of the proposal. He said it is important for the City to clearly indicate the primary reasons for implementing the ordinance. Commissioner Gastiger said he doesn’t believe the City has the authority to further clarify constitutional rights of its residents. Commissioner Webb said it is important that cultural competency training accompanies any ordinances that affect public assemblies so Police and others understand ways different cultures gather. Attorney Frieders responded and said that it is one of very few ordinances indicating that Police must provide warning and notice and an opportunity for people to leave prior to issuing a citation. He also clarified the reasoning for using the word “may” throughout the proposed ordinance rather than “should.” Jane Ann Moore said she believes the ordinance should indicate violators may be assessed a lesser punishment, or a warning, at the discretion of the authorities. Attorney Frieders indicated that staff wanted to ensure that the ordinance draft was appropriate, and that comments gleaned from the regular February 2, 2016 Human Relations Commission meeting were included if they improve the recommendation. NIU law student Elizabeth Heckenast indicated that a specific incident occurred in the vicinity of her residence and she said she appreciates Police who assisted with the dispersal of a crowd, and that the ordinance will be effective in assisting authorities in dispersing non-peaceful crowds. She said that she is concerned with the method of communicating the implications of the proposed ordinance to the NIU student body, and that she recommends including the ordinance (if adopted) in the NIU student handbook. Henderson said that Police are often confronted with a chaotic situation and while although it doesn’t constitute a purposeful assembly, Police are trying to gain control. Henderson said he isn’t sure the proposed ordinance will assist Police in gaining control of volatile situations. Audience member Bessie Chronopoulos said she thinks elements of safety and education may take place instead of adoption of the proposed ordinance. Chief Lowery said that some of the comments indicate that many people do not understand exactly what issues the Police face. He said that the annual report will indicate that DeKalb’s service call volume is higher than those in compared communities such as Joliet, Elgin or Aurora. Lowery said that although many people are concerned with the potential for negative interactions with Police, Regular Meeting February 18, 2016 Page 4 of 6 the Police Department in DeKalb has a very low level of Police complaints, use of excessive force and other indicators of Police intolerance. Lowery said he fears a large, innocuous gathering that becomes dangerous and that is the reason the draft ordinance was created. He said he hopes the community understands that the ordinance is to limit dangerous groups, rather than limit the community’s first amendment rights. Commissioner King said that she appreciates the Chief’s comments, but that she works with students who do not speak up about issues with Police and she wants to represent the concerns of students and others regarding community Police. Chief Lowery said laws should not be created based on race, but on behavior. He said he now believes that much political and community capital was used on this item, but that he hopes community members and the Human Relations Commission understand the origins of the ordinance. Audience member Steve Kapitan said he appreciates that this experience may enhance community relations. He also said he would like to hear how the proposed ordinance might have assisted in previous occurrences. Chief Lowery indicated the levels of law enforcement process (City ordinance violation, misdemeanor arrest, felony arrest). He said the proposed ordinance would provide Police with the discretion needed to address issues as they arise. Lowery also indicated the level of cooperation between the City and University Police departments. Commissioner Zelaya asked Chief Lowery whether there is presently a mechanism for Police Officers in the City to disperse crowds. Chief Lowery said there is not usually as much cooperation as is desired when Police Officers are called to the scene of a large group. Lowery said the hope of staff in crafting the proposed ordinance is to avoid physical harm or death to students or other community members. Attorney Frieders said there is one City ordinance to which he can readily refer that would effectively allow dispersal of crowds. Resident Kay Shelton said that she wonders whether a synonym exists to “assembly” that might better indicate the nature of gathering to which the proposed ordinance would apply. She said she believes there is a lack of conflict resolution in the community and in general. Commissioner Webb said he believes “mass gatherings” is more applicable in this instance. Don Henderson said he believes the consideration of words used is important, whether it is the word “crowd” or another word. He provided background on disorderly conduct. He said the adoption of an ordinance may not address the complex issues surrounding the relationship with Police and the public. Bessie Chronopoulos said she believes that perhaps the condition of University-sanctioned, large events may need to be addressed. Steve Kapitan said he would like to address the redress of grievances issue. Attorney Frieders indicated that the threshold element of the proposed ordinance is among the most challenging elements of safety to capture and for Police to identify. Chief Lowery said he recognizes that all people have the right to assemble, but they must do so in a lawful manner. Chair Apperson said he believes the new version of the proposed ordinance is accommodating to the question of Kapitan. Chair Apperson indicated that he would allow final comments from the audience and the Commissioners. Kay Shelton said the HRC should work to approve a document that the group can tolerate in the event it is brought to the City Council. Commissioner Gastiger said he is concerned about the way an ordinance might be interpreted once current staff leaves the City. Commissioner Webb said the perception is that Police Officers are exceptionally powerful and will do anything they wish. Chief Lowery said it is important for the Police to have tools such as the proposed ordinance to allow them to eradicate dangerous situations. Commissioner Webb said he believes the proposal should be included under the “mass gatherings” section of the City Code, designated as “mass gatherings that become unlawful,” as recommended by Chief Lowery. Commissioner King said that she is not comfortable with putting something large like the considered assembly discussion into a small window of contemplation by the City. Attorney Frieders indicated that disorderly conduct cannot be reported by a Police Officer in Illinois. Chair Larry Apperson indicated that at the present time, the Human Relations Commission would take time to address the comments made at tonight’s meeting at its next meeting on Tuesday, March 1. F. NEW BUSINESS No new business was addressed. Regular Meeting February 18, 2016 Page 6 of 6 G. ADJOURNMENT The meeting was adjourned at 9:18 p.m. __________________________________________ LAUREN STOTT, Management Analyst Minutes approved by the Human Relations Commission on March 1, 2016.