City of Eugene Human Rights Commission

City of Eugene Human Rights Commission The mission of the Human Rights Commission is to promote implementation of universal human rights values and principles in all City of Eugene programs and throughout the wider community. To carry out this mission the commission shall affirm, encourage and initiate programs and services within the City of Eugene and in the wider community designed to place priority upon protecting, respecting, and fulfilling the full range of universal human rights as enumerated in the Universal Declaration of Human Rights. To support and promote human rights, the commission will: provide human rights education, be proactive in human rights efforts, address human rights violations, ensure active public participation, be transparent and open, and be publicly accountable for human rights progress. Human Rights Commissioners: Andrew Thomson Chair, Chris Nunes Vice Chair, Richie Weinman, Ken Neubeck, Jennifer Frenzer, Edward Goehring, Philip Carrasco, Mary Clayton, Arun Toke, Debra Merskin, Greg Evans Equity and Human Rights Office staff: Michael Kinnison, Lindsey Foltz The Human Rights Commission typically meets on the third Tuesday of each month. Tuesday, November 18 , 2014 5:30 – 7:30 PM Meeting Atrium Building, Sloat Room, 99 W. 10th Avenue, Eugene Contact: Lindsey Foltz, 541-682-5619, lindsey.m.foltz@ci.eugene.or.us ITEM TIME ON TASK 1. Welcome from Chair, Agenda/Minutes Review VOTE 5 minutes (5:30 pm) 2. Public Comment 10 minutes (5:35 pm) 3. Funding Request 5 minutes (5:45 pm) 4. Councilor Greg Evans Liaison Report 10 minutes (5:50 pm) 5. Intimidation 2 Code 15 minutes (6:00 pm) 6. Staff Update 15 minutes (6:15 pm) 7. Liaison Update 15 minutes (6:30 pm) 8. Work Group Lead Update 20 minutes (6:45 pm) 9. Open Discussion 15 minutes (7:05 pm) 10. Closing 5 minutes (7:25 pm) 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |ehroffice@ci.eugene.or.us | www.eugene-or.gov/hrc  Upcoming events, activities or meetings the HRC needs to be aware of: International Human Rights Day – December 10, 2014, 6-8 pm Hult Center - Studio The Eugene Human Rights Commission welcomes your interest in these agenda items. This meeting location is wheelchair accessible. For the hearing impaired, FM-assistive listening devices are available or an interpreter can be provided with 48 hours’ notice prior to the meeting. Spanish-language interpretation will also be provided with 48 hours’ notice. To arrange for these services, contact staff at (541) 682-5177. La Comisión de Derechos Humanos agradece su interés por participar en los asuntos de esta agenda. El local de la reunión tiene acceso para personas en silla de ruedas. Para las personas con dificultades auditivas ofrecemos sistemas FM para ayudarlo a escuchar, o intérpretes de lenguaje de señas. También ofrecemos intérpretes de español. Si necesita cualquiera de estos servicios por favor solicítelos con 48 horas de anticipación, llamando al (541) 682-5177. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc  MINUTES Eugene Human Rights Commission Sloat Room – 99 West 10th Avenue Eugene, Oregon October 21, 2014 5:30 p.m. PRESENT: Andrew Thomson, Mary Clayton, Ken Neubeck, Philip Carrasco, Edward Goehring, Chris Nunes, Andrew Thomson, Arun Toke, Commissioners; Lindsey Foltz, staff Jennifer Frenzer, Councilor Greg Evans ABSENT: The mission of the Human Rights Commission is to promote implementation of human rights values and principles in al City of Eugene programs and throughout the wider community. To carry out this mission the commission shall affirm, encourage, and initiate programs and services within the City of Eugene and the wider community designed to place priority upon protecting, respecting, and fulfilling the full range of universal human rights as enumerated in the Universal Declaration of Human Rights. To support and promote human rights, the commission will: provide human rights education, be proactive in human rights efforts, address human rights violations, ensure active public participation, be transparent and open, and be publicly accountable for human rights progress. 1. Welcome from Chair – 2. Public Comment – Bill Randall – Planning Commission Liaison introduction Kathryn Siskron Tracy Jocelyn Nathan Showers Reading petition letter to lift the camping ban, while there is insufficient shelter it is a human rights violation to prohibit people from self-sheltering on public land. Requesting HRC to request Council work session to address lifting the camping ban. Request provision of funding for port a potties, handwashing stations and trash pick-up for self-managed camping on city property. AMIGOS, CALC, NHS, Homelessness Work Group, +200 Eugene residents. Majeska Seese-Green Take the strongest possible action regarding homelessness and winter needs and consider the petition carefully. Carol Berg-Caldwell Thank you for working on the issues of the unhoused. Shared that many EPD are emotionally and negatively impacted by lack of resources to shelter the unhoused. Thank you for considering the opportunity to do more. Ada Ball Community Alliance of Lane County, Transgender Day of Remembrance, the day commemorates the lives of those who lost their lives this past year because of their gender identity. Would also like to voice support for unhoused and the petition. 3. Agenda Review and Adjustment – Edward Goehring moved to approve as is, seconded by Debra Merskin, unanimous. 4. Funding Request – Richie Weinman moved to approve TDOR request be approved including space and funding, Edward Goehring seconded, unanimous. Ken and Chris to attend event. 5. Council Liaison Report – Several things happening regarding winter season and homelessness. Attended HSC and PHB. Urged the advocates in the audience to attend the HSC meetings. The issue of locating a third rest-stop and other winter shelter options are being considered. Councilor Zelenka is requesting a work session for micro-housing. The dilemma is the same, looking for solutions compatible with neighbors and neighborhood and appropriate for the people in need of services. We’re wrestling with those issues again. We understand there is a request to relax the camping ban. I’m not sure where that will land. The rest-stops have proven they can work. There need to be additional rest-stops and possibly other alternatives. Collectively we need to work with the HSC to address the issue. We need to consider how to accommodate more people in the programs. Local option on Marijuana tax will not move forward if the ballot measure passes. City Hall has been an issue which has been resolved. The old building will be taken down. A new, smaller building will be erected at 8th and Pearl. Should be more accessible and more efficient. Should be completed in 2016. 6. Homelessness Work Group – Ken Neubeck, echo the public comment, and address issue of criminalization. The group would like to request that City Council relax camping ban this winter recognizing the crisis emergency nature of the situation. There are health issues that are exacerbated by their housing status. Request additional emergency places be approved for camping. The second issue is to address the Eric Tars letter from the National Law Center for Poverty and Homelessness regarding the criminalization of homelessness. Because it deals with human rights issues we would like the HRC to endorse action to council to ask the city manager to examine local ordinances, policies, zoning regulations for those that seem to have the result of criminalizing basic life function, and pose barriers to achieving housing and jobs. There are volunteers that have started this process and are willing to be helpful in the examination of the ordinance. We need a City Councilor to broach the topic of a work session on criminalization and also one on the emergency camping. It is something we would like to request our Council liaison to check with other Councilors. Councilor Evans is willing to float a poll to discuss the issue of criminalization and the ordinance, can get that out tomorrow. Five votes are required to get a work session. Motion of endorsement to carry letter forward to city council, Ken moved, Deb seconds, unanimous Edward Goehring has heard that Eugene is that is disposing of personal belongings. Ken Neubeck, stated that storage does happen. This is an issue that is life and death. The HRC may like to invite the City Attorney Glenn Klein. If we have the opportunity to plan ahead that is much better, the HRC seems like the ideal body to bring this discussion forward. Councilor Evans advises to get the work session first and then take a comprehensive view and then invite the legal discussion. We need to have a two track conversation. Ordinances and also the emergent sheltering need. We do have facilities that could be retrofitted in emergency. It has to be multi-jurisdictional because we don’t have all the facilities and resources to do it. Ken Neubeck the second thing that we would like to do is to ask for a vote for the HRC to endorse the petition to relax the camping ban. Requests a work session ASAP to address this emergent issue. This is time sensitive and public sentiment sensitive. The HRC endorse the petition and carry it forward to the City Council, Jennifer Frenzer seconds, unanimous, Councilor Evans will take it to float the poll for the City Council. Richie Weinman, it would be a wonderful thing if the Planning Commission could take up the issue of homelessness once again. HRC happy to come and speak. Arun would like to request that the planning commission representative to the table. Civic Stadium, donated to the school district, for 1 dollar. Would like to recommend Civic as an ideal location for an emergency shelter. The property is currently in the possession of the school district. 7. MUPTE Revisions – Decide if this is something to take up again, if so how. Phil Carrasco, concerned that the language in the revision was toned down. Review panel is under discussion, would like an HRC member on the panel. The panel is currently for approval only. Requesting a mid-point review and also an exit interview and a rating system. The make-up of the review panel does not currently have a Human Rights Commissioner, would like to see that change. Proactive in identifying and seeking solution to human rights issues. I believe this is a good way to be proactive. I like MUPTE, a good tool to use for density. However we want to make sure that these tools are being directed to responsible contractors. Councilor Evans noting that there is a need to build the legal rigor in to the contract to ensure that bad actors are not rewarded. Before we put the new MUPTE out we need to make sure that the rigor is there. Edward Goehring MUPTE is seen in neighborhoods generally as a negative. The tax incentives that are used in other cities are often used to provide significant needs for the population such as needs for the aging and disabled. To encourage developers to build things that are not necessarily just market going. Richie Weinman, MUPTE developed to encourage compact urban growth instead of sprawl. Low income housing has another exemption, which is better a 20 year exemption vs. a 10 year. Not sure that having an HRC representative is going to change the enforcement of repealing the tax exemption. I would encourage staff and council to make sure repealing the tax incentive is possible. Councilor Evans still crafting. Would like it to be as streamlined as possible. Still need to have power to stop the process or pull the exemption should you have a bad actor. Usually local developers have been applying. We don’t have affordable housing to fill the middle niche. Phil Carrasco argues that the the HRC has an important role to play to look out for the rights of the people who are potentially exploited. Ken Neubeck got interested in the issue of MUPTE because of the wage theft issue. My understanding is that many people don’t see any benefit to the city because of the MUPTE process. I think the HRC can play a role about the tangible benefits. Two things going on, enforcement and also the possibility of calling back some of the money to improve the quality of life of people of the city. Richie consistently the west university neighborhood supported the MUPTE because they have had control over the quality. The rental class is not represented in neighborhood association. Vacancy rates are extremely low. Until we have more units and a higher vacancy rates prices are going to be very high. Some neighborhoods simply don’t want to have more renters in their neighborhood.  Chris Nunes would like to recommend that a subcommittee be developed to carefully explore the options for HRC involvement. Arun hears that it is time to change the practices. How the HRC can be involved seems like worth further exploration. Andrew Thomson moves to create a subcommittee to review the MUPTE, Chris Nunes seconds, unanimous. Deb Merskin, Phil Carrasco, Mary Clayton volunteered to be on the subcommittee 8. Staff Update – refer to OHRNI October 2014 update 9. Liaison Updates Police Commission – emerging technology, privacy, constitutional rights concerns, whoever has the liaison position should try to meet with Chief Kerns to take up issues and have free-flowing discussions. Encourage a ride along or observation of other operations. Drones are a topic. Will be discussing Fergusson with the Chief on Friday. What are the emerging new technologies to put in the hands of the EPD consider human nature. DOD weaponry, is their consideration to give it back? Militarization, strategically over time loses support and trust. CRB – last meeting was shared with Police Commission. Discussed one case pertaining to a minor who was stopped at the LTD station. EPD was responding to request by LTD employee to stop somebody. There was disagreement about the responsibility to what extent to which the officer was obligated to respond to the LTD employee request. Report from Auditor mentioned that his office is mentioned in the HRC work plan. Councilor Evans integrating relationships with the HRC I strongly encouraged him to do so to communicate about certain complaint processes that there are holes in. The second part of that is, has anybody brought up approaching the UO to have citizens involved in their police force. I am concerned that there is a lack of transparency within Eugene with an armed police force. We have a somewhat transparent process in the City of Eugene. Thinks UOPD should be under civilian review.  MINUTES Eugene Human Rights Commission Sloat Room – 99 West 10th Avenue Eugene, Oregon September 16, 2014 5:30 p.m. PRESENT: Andrew Thomson, Mary Clayton, Ken Neubeck, Philip Carrasco, Edward Goehring, Chris Nunes, Andrew Thomson, Arun Toke, Commissioners; Lindsey Foltz, Michael Kinnison, staff ABSENT: Jennifer Frenzer, Councilor Greg Evans The mission of the Human Rights Commission is to promote implementation of human rights values and principles in al City of Eugene programs and throughout the wider community. To carry out this mission the commission shall affirm, encourage, and initiate programs and services within the City of Eugene and the wider community designed to place priority upon protecting, respecting, and fulfilling the full range of universal human rights as enumerated in the Universal Declaration of Human Rights. To support and promote human rights, the commission will: provide human rights education, be proactive in human rights efforts, address human rights violations, ensure active public participation, be transparent and open, and be publicly accountable for human rights progress. 1. Welcome from Chair – meeting commenced at 5:35 p.m. 2. Public Comment – Allison Cleveland – Director Oregon Anti-Violence Project Intimidation in the Second Degree: language antiquated, doesn’t meet State definition from 2007 revision Oregon Equality Act, requesting Council consider amending language. 3. Agenda Review and Adjustment – Andrew Thomson moves to approve the agenda as is, Ken Neubeck seconds, unanimous 4. Minutes Approval Andrew Thomson moves, Mary seconds, unanimous 5. Funding Request Form Staff presentation of the funding request guidelines, revision recommendations Ken Neubeck – different organizations have different needs, sometimes the event might happen in an expedited fashion, Arun Toke – ideally 45 days before Mary Clayton – perhaps to add flexibility, call an additional meeting Phil Carrasco – use objective 4, emerging issue, call a special meeting Edward Goehring – if people come very late in the game, the money will not arrive before the event, don’t want to get in the habit of fast-tracking thing, what is the threshold that makes it an urgent emerging issue Richie Weinman – 45 days seems OK, add language regarding that the commission may consider in an extraordinary situation Arun Toke – under extraordinary conditions, could give power to the Chairs Richie Weinman - I disagree, I think the whole commission should agree Arun Toke – no language to assure that fees can be requested to be waived , request staff add Richie Weinman I move that we have a general policy that requests for funding be submitted at least 45 days before the event, the HRC will only consider exceptions in extraordinary circumstances. Phil Carrasco seconds, unanimous. 6. Broadway Plaza Police Data Lt. Bills, Lt. Klinko, Sgt. Crompton Ken Neubeck requesting characterization of data. Do these numbers differ substantially from other parts of the City? Lt. Klinko – see a very significant decrease in activity in 2014 from 2013. 2013 is significantly higher than 2012. Downtown is unique for a variety of reasons. 9 officers are dedicated downtown in a small geographic area. High concentrations of police and high concentration of people. Probably the highest pedestrian area in the City. It is an area that has a burgeoning population of residents. The other thing that is noticed is the ever changing nature of downtown. Last year, Broadway plaza was ground zero for problem behavior in downtown Eugene. That is one reason why hour restrictions were investigated. We’ve seen a bit of a shift back to the Park Blocks for that activity. Mary Clayton – is there a stop where an officer just talks to someone Klinko – social contact, the person is free to go, the emergency equipment cannot be activated. If an officer activates emergency equipment, or a reasonable person would feel they were not free to go that is a stop. FI card is the minimum, some stops will not generate any documentation. Officers are required to check out on the radio which generates a CAD call. They are required to clear when they are done with the contact. There can be just a verbal warning. Edward Goehring – what data needs to be collected by officers in a stop, stops policy question, when is that documentation level required Klinko – Due to Sunguard the policy won’t be rolled out on the original timeline, stops policy will be the recommendation of the committee and at the discretion of the Chief ultimately Klinko numbers being light in terms of officers downtown can also have a downward trend on the numbers What does public assist mean? Klinko – assistance to the community such as a ride home for an intoxicated person, such a thing would be classified as a public assist. Richie Weinman – bring it back to parks rules, would prefer to have anecdotal data on what you see going on, what would be useful in terms of keeping people safe Sgt. Crompton – many criminal behaviors last summer, concern that this year would be similar to last, trying to stay ahead of the trend there were some ideas, for example restriction of hours, by definition they were not camping, public consumption, food carts damaged, public urination or defecation, past midnight or so there really isn’t any legitimate behavior after midnight or so. So restricting the hours would eliminate the late night criminal behavior. City Council reviewed it and came up with the park/park rules in the area. Ken Neubeck - You mention that a lot of this activity has moved to the park blocks, isn’t that a park. Sgt. Crompton – yes but at 11 pm they are not allowed to be there, they were inundated with complaints regarding a large group of travelers, the groups came in, the crime occurrence increased, complaints rose, and then the enforcement began. Regular offenders were excluded from the park for 30 days. In a few weeks the criminal behavior was curbed. The park rules is what enabled EPD to diminish criminal behavior. Ken Neubeck – aren’t you just moving people around? Lt. Klinko - Some amount of displacement certainly occurs. Whether it is park rules, dog licensing, merely rules and tools to keep downtown safe and inviting for all. Trying to utilize tools available. Edward Goehring – downtown is changing, it is becoming a residential neighborhood, we have to balance the rights of people to the peaceful enjoyment of their own home. Phil Carrasco – When someone is stopped, decides just to give a warning, frankly I am concerned, because someone like me is more likely to get an arrest or citation vs. a verbal warning. Is there any way a police officer can justify why one stop is a warning vs. follow through. A way to check if it is legitimate. Officer discretion is a concern. Klinko – Many sworn personnel, unless you eliminate discretion, or can read their mind, there is no way to know the thought process of all the officers all the time. You could even produce a video of the entire shift but not be able to get inside the minds. Mary Clayton – your sense is that last summer was worse, overall does the situation feel better this year? Lt. Klinko – I think things are trending upward, occupancy is higher, activity is more, and crime and disorderly conduct are down. Ken Neubeck – you mentioned cameras, what percentage of officers downtown use body cameras Lt Klinko – all 9 officers downtown have them, all officers with cars have in car video. My goal is that the entire patrol division would be outfitted. Lt. Bills – even investigations detectives are requesting them. Their value is been noted. 7. Staff Update Boards and Commissions Orientation – October 1 Mary Clayton, Edward Goehring, Phil Carrasco, Arun Toke (?), Chris Nunes (?) Staff will send out another reminder Monday Scheduled October 13 to go to Council – Andrew and Chris are planning to attend EHRB meeting is 9/30/14 OVE received 18 month extension for their community NHS – Nightingale originally exploring North Polk site, entered into a lease, pursuing OVE style site, they asked for a rest stop, city attorney ruled inconsistent with the ordinance, then asked for car camping, which the City manager was considering when they withdrew their request. Looking for a new piece of land. Ken Neubeck – Eric Tars letter Arun might be interested in Ashland, check with him tomorrow Hate and Bias report in packet 8. Liaison report Mary Clayton CRB – Steve McIntire stepped down as chair, Bernadette Conover is the new chair, new member was a former Police Commissioner Maurie Denner, Appointed Chris Wig as the liaison to the HRC. One of the items on the Police Auditor’s agenda was outreach with vulnerable populations, including the homeless. Edward Goehring – interest in knowing votes, sends the monthly packets with the meeting minutes. Highlighted copies of report of Edwards activities. Tends to work on several meetings on a particular topic. Most of the time the votes are unanimous. Wrapped up anti-bias policy issue. Commissioner Valle resigned. Emerging technologies and how they intersect with constitutionally protection of privacy. The Chief and the command staff are way out ahead of many concerns commissions such as the HRC might be concerned with. Experts may be called, public forums will likely be held. Fortunately the police commission often works on issues for multiple meetings. I’ve tried not to take a watch-dog approach. Have made an effort to build bridges. 9. Work Group Leads Objective 1 – Hoping to meet with neighborhood associations, NAACP, LULAC and IN. In October meet with neighborhood associations, going to meet with NLC in September. Trying to have regular attendance at NLC meetings. November, meet with NAACP to discuss MLK activities. January, meet with LULAC and IN, and get in touch with those groups and NAACP regarding recruiting for Boards and Commissions. Planning to meet outside of HRC meetings about once per month. Staff can coordinate regarding outreach going on internally. Objective 2 – planned a meeting next Tuesday to work on IHRD, had a meeting with Bob Hart from historical museum for display “Changing Demographics”. Use CERD as theme and bring it down to the local level. One of the other objectives was to tie in with the police auditor, Mary has started looking at the Equity and Opportunity Assessment and look for issues that come up through that informational lens. Also exploring using some of those maps at IHRD. December 10 is a Wednesday, is that date OK? 6-8? Objective 3 – The work group will meet every 2 weeks and try to get someone to take a lead role on each of the tasks, the first meeting was last week, there are a number of people affiliated with OVE, Occupy, NHS, Whoville Support, SLEEPS, they know where knowledge and resources exist. Working on report regarding the Opportunity Eugene task force, will go to the HRC and then City Council. They will be monitoring County PHB. Looking at Intimidation 2 to include homelessness and also the Human Rights code. Local Homeless Bill of Rights under consideration, that is a long term project. A couple of people are interested in advocating for increase of car camping. The issue of criminalization is not being adequately addressed. For example perhaps as part of an emergency measure the Alton Baker Park have some space set aside for homeless camping to de-criminalize for a particular time frame. 10. Closing Any key issues for the next agenda please email Andrew and staff. Next agenda – IHRD Planning