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: Human Rights and Neighborhood Involvement Staff: Michael Kinnison The Human Rights Commission typically meets on the third Tuesday of each month. Tuesday, March 17, 2015 5:30 – 7:30 PM Meeting Atrium Building, Sloat Room, 99 W. 10th Avenue, Eugene Contact: Michael Kinnison, 541-682-5009 michael.j.kinnison@ci.eugene.or.us ITEM _______________________________TIME ON TASK 1. Welcome from Chair, Agenda/Minutes Review (Chair) VOTE 5:30-5:35 (5min) 2. Public Comment (Chair) 5:35-5:45 (10min) 3. Support Request (Chair) DISCUSS & VOTE 5:45-5:50 (5min) DisOrient 4. Participation in Key Corridor Study DISCUSS 5:50-6:00 (10min) Chris Henry, City of Eugene Public Works 5. Feedback on memo to Police Commission (M. Kinnison) UPDATE 6:00-6:10 (10min) 6. Work Session request: Criminalization of Homelessness DISCUSS 6:10-6:25 (15min) 7. Hate & Bias Report (L. Foltz & J. Bills) PRESENT/DISCUSS 6:25-6:45 (20min) 8. Staff Update (M. Kinnison) 6:45-6:55 (10min) Equity & HR Analyst selection process; Human Rights Institute; Council items 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |ehroffice@ci.eugene.or.us | www.eugene-or.gov/hrc  9. Liaison Update 6:55-7:05 (10min) 10. Work Group Lead Update 7:05-7:15 (10min) Request to attend Sustainability Commission 11. Open Discussion 7:15-7:25 (10min) 12. Closing 7:25-7:30 (5min) Upcoming events, activities or meetings the HRC needs to be aware of: Remembering Cesar Chavez documentary and presentation (LULAC) – 3/20/15; 6-8 pm; Oregon Research Institute Northwest PeaceJam, UO April 17-19 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  City of Eugene Human Rights Commission MINUTES Tuesday, February 17, 2015 5:30 – 7:30 PM Meeting Atrium Building, Sloat Room, 99 W. 10th Avenue, Eugene Present: Human Rights Commissioners: Andrew Thomson Chair, Chris Nunes Vice Chair, Ken Neubeck, Jennifer Frenzer, Edward Goehring, Philip Carrasco, Mary Clayton, Arun Toke, Debra Merskin, Greg Evans City Council Liaison. Other: Bill Randall, Planning Commission liaison. Staff: Lorna Flormoe, Mia Cariaga 1. Welcome from Chair, Agenda/Minutes Review Andrew made a motion to amend the agenda to have the open discussion time reallocated for a discussion on the criminalization of homelessness. Jennifer seconded. All were in favor. Andrew made a motion to approve the agenda, May seconded. All were in favor. Ken moved to approve January 2015 minutes. Greg seconded. All were in favor. 2. Public Comment – no public comment. 3. Support Request – no support requests 4. HRC Recruitment Lorna outlined the HRC vacancy and recruitment process. There is an additional key date for the HRC to preview the entire applicant list and make recommendations to Council. This will need to happen in a short time frame between April 1-3, 2015. Commissioners were asked to volunteer for a recruitment committee and an application preview/recommendation committee. Councilor Evans and Jennifer volunteered to be on a recruitment committee that will collect information and ideas from the rest of the HRC and help get the word out about upcoming vacancies. Edward volunteered to help get the word out via social media. Ken, Edward, and Debra volunteered for the recommendations committee that will need to meet between April 1-3. Mary originally volunteered as well, but later had a schedule conflict. Philip also volunteered but was unsure if he could participate because he thought he would be reapplying. All commissioners would like to see the applications. There was a question about redacting the applicant names. Mia offered to check with the City Attorney. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |ehroffice@ci.eugene.or.us | www.eugene-or.gov/hrc 5. Chair & Vice Chair Nominations The process was reviewed. Andrew opened nominations. Ken nominated Andrew for Chair. Arun nominated Chris for Vice Chair. All were in favor. Andrew closed nominations. 6. Liaison Assignments Before their summer session, the HRC must have liaison assignments. The three liaison assignments are Community Development Block Grant Committee (CDBG), Police Commission (PC) and the Civilian Review Board (CRB). Staff recommended that assignments happen before the summer session, per the bylaws, but that they might want to fill their vacancies first. Deb moved and Philip seconded that Chris to continue with the CDBG and Edward to continue with the PC liaison assignments. Mary will be leaving so a new liaison will be needed for the CRB. This will be assigned after vacancies are filled. Section 9 of the bylaws (liaison assignments) was reviewed and discussed. A common interpretation was needed. Mia offered some clarification – a liaison can vote as an individual commissioner, but cannot vote representing the entire commission. If the body is requesting the endorsement of the HRC as a body, the liaison would need to take the point back to the whole HRC for a vote. Liaisons are responsible for reporting back to the HRC with updates, issues and votes taken. 7. Intimidation 2 Code Ken and Edward gave an update on their meeting with the Police Commission President, Bob Walker about co-endorsing or a joint-resolution on Intimidation 2 Code language amendments. The suggested language changes would give further protection regarding sexual orientation, specifically transgender persons, and homelessness. Bob Walker was supportive of working with the HRC towards a joint resolution and suggested that the PC could maybe get it in their work plan for next year. In May the PC holds their workplan retreat and then it is approved in summer. Ken had asked the PC for priority in addressing this matter and he may have the opportunity to speak directly with the PC. The PC asked for a document to be able to review. The question was asked “Does the HRC want to wait for the PC?” Councilor Evans said that he does not believe there is any significant opposition on the language change with City Council. Everyone liked the idea of a joint resolution between two City commissions and thought it would provide a stronger message and will wait for this process to unfold. C. Evans noted that it might not get on Council calendar prior to May anyway and stated that it would set a good precedent. 8. Work Plan Check in Goals 1, 2, and 3 of the workplan were reviewed and commented on regarding progress. There were no updates to Goal 1. There were no updates to Goal 2, except it was noted that Action 2.4, Task 2 should say 2014, not 2015. Goal 3 had several updates given by Ken: Action 3.1 Task 1 has had some movement so is partially complete; the strategy for Action 3.2 Task 3 regarding a local homeless bill of rights was updated – there is a current shift to weigh in at the state level to 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc  help support a statewide change since it was introduced to in the Senate (Bill 629) as this would help the cause of a local bill, if there is no movement a the state level, strategies will shift back to the local level; Action 3.2 Task 4 and Action 3.3 Task 1 are done but not written up; on Action 3.4 Task 2 a forum is planned for April 25th, 2015. Councilor Evans interjected that in April Council would be having a discussion on minority and women owned businesses and he suggested that the HRC discuss this and make recommendation on developing local ordinance language – this should be on the a Spring HRC agenda. 9. Staff Update Lorna gave a staff update. HRC was reminded of their support of the New Generations Film Festival (Youth) and posters were passed around for them to use to help promote in the community. The Human Rights Analyst position was posted on February 6th and a promotional flier has been sent locally and nationally to help recruit. Both were included in the packet. Commissioners were encouraged to use their networks to help recruit. The application closes on March 6. The Human Rights Institute – a training in New York City – was discussed. Previous staff and HRC members have attended. Ken gave a little history. Michael Kinnison is applying and it would be good if one HRC member could attend it they are interested. They would need to apply for the Institute and a scholarship by February 23rd. The HRC would have to designate funds to cover the costs of the training that the scholarship would not cover. Chris Nunes is interested and will proceed with applying to attend with a scholarship. Staff needs to find out how much money is left in the HRC budget. HRC members were reminded about the protocol for Public Meetings Law. Mia offered to send an example of minutes needed. 10. Liaison Update Councilor Evans gave updates on 4 things and encouraged the HRC to continue tracking HR issues as Eugene continues to grow (i.e. food deserts, public transportation and transportation patterns): 1- MUPTE suspension has been extended through September. More rigor is being built into the process. 2- Envision Eugene continues. There is a discussion happening about the Bethel Clear Lake Road area and adding some land to the UGB that would be designated medium to light industrial property, which would be mostly connected to food and beverage hubs, for example businesses like Glory Bee Honey and Springfield Creamery, not mills. There is some farm land opposition. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc  3- A significant portion of Golden Gardens is being considered for a Regional Sports Park. This would make it easier more families to participate in local sports activities instead of having to drive out of town. 4- There is a controversy over Uber, a transportation service in Eugene. The City is requiring them to adhere to the rules and regulations that the City has governing taxi services to ensure public transportation safety. Uber says they are not a taxi service, but an independent service. Chris gave an update that the CDBG Advisory Committee is undertaking it’s 5-year consolidated plan process. Edward, PC liaison, reported on 3 things: 1) A pilot of closed circuit TV; 2) the Stop Static Collection – which protects protected statuses but does not include homelessness; and 3) A policy around citizens filming officers. Mary, CRB liaison, reported that the Auditor has issued a report on “Use of Force.” The question it seeks to answer is whether or not certain officers are using more force and in what situations is it appropriate. The report also breaks down “use of force” incidents by protected statuses. According to the report, there have been 2 incidents of unjustified “use of force.” 11. Work Group Lead Update Many workgroup updates happened during the earlier agenda item discussion on workplan check in. Ken had some additional updates from the Homelessness Workgroup. He stated that Lane County Strong Voice is a potential collaborative community group to keep collective action going around the criminalization of homelessness issue, like around the paid sick leave. Ken also talked about the April 25th Forum on homeless children and youth. Ken wanted to make a request, but wasn’t sure how, of the HRC to support the event. They are bringing in a speaker, Casey Trupin, who is an attorney from Columbia Legal Services in Seattle – they will need to fly him here for about $230 r/t. There is also a rental fee for the venue, 1st Congregational Church of $175. They are also seeking co-sponsors for the event. He will make a formal request next month for about $400. Staff needs to provide budget information for this and the HR Institute. 12. Discussion on Criminalization of Homelessness Councilor Evans submitted a work session request to City Council on behalf of the HRC. Mia reported that the only response was no from Councilor Poling, none of the others responded. Lorna suggested an approach similar to that of the Intimidation 2 Code – educating folks and building/finding allies. As there was not much time for discussion, this will go on March’s meeting agenda. 13. Adjourned at 7:40pm 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc  DRAFT LETTER (ken 3/10) March 10, 2015 Bob Walker, Chair City of Eugene Police Commission Dear Bob, I am sorry I could not attend the February 9 meeting between you and representatives of the Human Rights Commission, Ken Neubeck and Edward Goehring, HRC’s liaison to your Commission. This letter is a followup to that meeting. In accordance with its annual Work Plan, the HRC has been discussing the need to amend language in Section 4.731 of the City Code which deals with Intimidation in the Second Degree. The HRC would like to see the City Council make two changes in that Section. First, the HRC would like to see revision of the definition of “sexual orientation” as a protected class to include “sexual identity.” Such an amendment will bring this protected class definition in harmony with the City Code’s Human Rights Section 4.615, and with Oregon state law, both of which include protection for transgender individuals. We have had two incidents reported to the Human Rights and Neighborhood Involvement Office this year which would have potentially been impacted by this revision and been elevated as a crime. Second, the HRC would like to see actual or perceived homelessness or housing status added to those protected classes named in City Code Section 4.731. The incidence of bias and hate crimes against people who are homeless has been on the rise across the country and Eugene has no extra charges or penalties for those who are targetted. This year two incidents were reported to the Eugene Police Department and two others were reported only to the Human Rights and Neighborhood Involvement Office. The ones reported to EPD could have carried higher penalties had homelessness or housing status been made a protected class. The HRC trusts that the Police Commission shares our concern that people who are transgender be protected in Section 4.731 of the City Code, consistent with the Code’s Human Rights section and state law. We trust as well that the Police Commission understands the importance of adding protections for people who are homeless and who are among those persons most vulnerable to criminal victimization in the community. Providing people who are transgender, as well as those who are homeless, protected class status shows the City’s commitment to the basic human rights to life, health, freedom from discrimination, and personal security of these vulnerable members of our community. The HRC invites the Police Commission to join with us in endorsing these Code revisions and requesting they be considered by the City Council. It would be excellent if you could put the topic of endorsement in your upcoming Work Plan and then put it on a future meeting agenda for discussion and a vote. Hopefully we can jointly submit the request for Code revision to City Council early in the new fiscal year. Sincerely yours, Andrew Thomson, Chair City of Eugene Human Rights Commission 2014 Hate and Bias Report Introduction In accordance with the City of Eugene’s Hate and Bias Incident Response Plan i the Human Rights and Neighborhood Involvement Office (formerly the Equity and Human Rights Office) provides victim and community support for both bias crimes and non-criminal bias incidents, along with tracking and reporting of hate activity. Hate and bias activity are reported to the Human Rights office in a variety of ways, including victim or witness initiated contact, referral from community agencies, and referral from other City departments such as the Eugene Police Department (EPD). Bias crimes can include all classes of crime motivated by prejudice based on actual or perceived race, color, religion, national origin, sexual orientation, gender identity, or disability. In addition to statutory reporting of state and federally classified hate crimes, EPD also tracks bias-related crimes motivated by perceived or actual age, economic status, social status, citizenship, marital status, or political affiliation or beliefs, membership or activity in or on behalf of a labor organization or against a labor organization to monitor community relations. This is the third annual report focusing on hate and bias incidents and response which has been compiled through partnership between the Human Rights and Neighborhood Involvement Office and the Eugene Police Department. The data collection methodology and format of reporting has been replicated from the 2012 report which serves as a baseline for evaluation of hate and bias activity. This report covers January through December of 2014. In total there were 69 hate crimes and non-criminal incidents reported in 2014. According to the Department of Justice’s most recent Hate Crime Victimization Report it was estimated that between 25-42% of hate crimes were reported to police nationally ii. Given this information, it is probable that the reported incidents represent only a small percentage of the actual activity occurring in Eugene. Total Hate and Bias Reports 60 40 20 0 2012 2013 2014 Page 1 Non- Criminal Bias Incidents There are many behaviors and attitudes that, while not criminal, have a detrimental impact on our community. Often, the non-criminal incidents reported to the Human Rights and Neighborhood Involvement Office fall under the protections of free speech. However, when appropriate Human Rights staff in cooperation with the Human Rights Commission and community allies provide support and engage in the important work of tracking and making visible this type of activity. The goal is to project a clear message that hatred and bigotry are not acceptable, to stand in solidarity with impacted communities, and increase safety and inclusivity in Eugene. There were a total of 22 non-criminal bias incidents reported to the Human Rights and Neighborhood Involvement Office in 2014. Race continued to be the most frequently reported motivating factor in 2014, consistent with previous years. People who are African American continue to be most frequently targeted. While people who are experiencing homelessness are not technically a protected class, activity specifically targeting some homeless community members was reported. Additional criminal activity targeting people who are homeless is also detailed below. Several of the reports made to the Human Rights and Neighborhood Involvement Office may have been criminal in nature but the victims or witnesses refused to file police reports and so these reports have been captured in the non-criminal numbers. 2014 Non-Criminal Reports Total 22 Race 6 National Origin 5 Sexual Orientation 3 Ethnicity 2 Gender 2 Religion 2 Homelessness 1 Association 1 iii For the sake of comparison, there were a total of 18 non-criminal bias incidents reported to the Human Rights and Neighborhood Involvement Office in 2013. Reported activity related to race in 2014 was lower than 2013 reports and overall more consistent with 2012 reports. A significant change from the 2013 report is the rise in reports of bias activity targeting people based on their national origin. Visitors from Asian countries, including international students, Page 2 and also Asian Pacific Islander Americans account for all but one report, which targeted a person who is Mexican-American. 2013/2014 Non-Criminal Reports 10 9 8 7 6 5 4 3 2013 2 1 2014 0 iv Bias Crimes During 2014, 47 hate crimes were reported to the Eugene Police Department. In a few of these situations more than one criminal charge was associated with a single event. For the purposes of this table the event as a whole has been counted as opposed to individual charges. As a result of investigation, five of these complaints were deemed unfounded and in eight cases arrests were made. 2014 Criminal Reports Total 47 Race 16 Sexual Orientation 13 National Origin 6 Religion 6 Homelessness 3 Disability 1 Ethnicity 1 Source of Income 1 v By comparison, there were 37 hate crimes reported in 2013 with two cases deemed unfounded. Race was still the leading factor consistent with the Page 3 previous two years. However there was a continued upward trend of crimes related to sexual orientation climbing from four reports in 2012 to ten in 2013 and reaching 13 during 2014. In March of 2014 City Council voted to amend the City of Eugene Human Rights Code to include gender identity in the protected class definition of sexual orientationvi. This harmonized City of Eugene Code with the State of Oregon protected class definitions. There were 2 incidents reported by people who were targeted based on their gender identity, these are included in the numbers regarding sexual orientation in this report. 2013/2014 Criminal Reports 16 14 12 10 8 6 4 2013 2 2014 0 vii The most common hate crime charge was Intimidation 2 accounting for roughly 35% of criminal charges in 2014 viii. Often when language or activity goes beyond the protections of free speech it becomes criminal intimidation. There were five incidents involving physical violence. These assaults targeted two people because of their sexual orientation, two people because of their homelessness, and one person because of their race (African American). Of the hate crimes reported, five of them were reported in schools with the assistance of school resource officers. The majority of this activity involved offensive vandalism, though one incident included the charges of Harassment and Disorderly Conduct and was cleared by arrest. Page 4 Geographic Distribution Consistent with previous years, hate activity was reported throughout Eugene, leaving most neighborhoods affected by at least one incident. In comparison with last year however there are some notable changes. The Downtown and West University neighborhoods experienced an increased concentration of reported activity. The Churchill area had a decrease in reported activity. Page 5 Response The City responds in a variety of ways to hate and bias activity. The response is victim directed and protects victim confidentiality when requested. Various people provide support depending on the circumstances and the express wishes of the victim. The Human Rights and Neighborhood Involvement Office, Eugene Police, the Human Rights Commission, and community agencies regularly collaborate on response in the form of letters to the victims and their families, listening to victims’ stories, Op-Ed articles and letters to the editor, hate free zone leafleting, alerts in neighborhood association newsletters and social media sites, assistance connecting victims with the media, and criminal investigation where warranted. Conclusion and Next Steps It is critical to recognize that communities of color, including African Americans and Asian Pacific Islanders in particular, were significantly impacted by hate and bias activity in 2014. Race was the motivating factor in 35% of all reported hate crimes and 23% of all reported non-criminal bias incidents. Incidents reported based on sexual orientation were 50% higher than those reported in 2013, continuing the upward trend from 2012. It is also worth noting that two of the five assaults reported were based on sexual orientation. For the first time since 2012 crimes and incidents were reported based on actual or perceived homelessness. Homelessness is not a protected class at the local, state or federal level. However, the State of Oregon requires that law enforcement track, investigate and report crimes targeting people because of their actual or perceived socio-economic status. Both the criminal and non- criminal incidents reported which targeted people because of their perceived or actual homelessness were violent. Due to the vulnerability of people experiencing homelessness the Human Rights Commission is exploring options for improving protections against the unhoused from crimes targeting them because of their homelessness. Continuing to pay attention to geographical context for hate and bias activity has helped identify areas that are experiencing activity and direct resources more efficiently. Continued, targeted response in 2014 has involved close coordination between City staff, community leaders in our neighborhoods, schools, businesses, community agencies, and the Human Rights Commission. Page 6 In cases where there has been repeated activity in the same location EPD has also assisted victims in improving their safety through proactive measures. While the number of criminal and non-criminal hate and bias incidents continues to climb it is highly likely that this type of activity continues to be underreported. Improving knowledge and sense of safety in community to report hate activity, both through EPD and the Human Rights and Neighborhood Involvement Office is essential to improving anti-hate work. Continuing the ongoing training of Police Officers in the proper identification and documentation of hate crimes is also of great importance. For Eugene to be safe, vibrant, and welcoming it is essential to continue to provide support to victims of bias activity and to develop and implement strategies to reduce this activity and the underlying attitudes that perpetuate it. It is also critical to create an environment where it is understood that bias activity is not welcome and will be met with strong community and organizational response. i http://www.eugene-or.gov/DocumentCenter/Home/View/536 ii http://www.bjs.gov/index.cfm?ty=pbdetail&iid=4614 iii Equity and Human Rights Office Bias Activity Log, compiled February 4, 2015 iv Equity and Human Rights Office Bias Activity Log, compiled February 3, 2015 v EPD ICAPBIAS Report, January – December 2013, queried January 23, 2014 vi City of Eugene Code, 4.615: Sexual orientation. Actual or perceived heterosexuality, homosexuality, bisexuality, or gender identity. vii EPD ICAPBIAS Report, January-December 2012, queried January 25, 2013and EPD ICAPBIAS Report, January – December 2013, queried January 23, 2014 viii 4.731 Intimidation in the Second Degree (1) A person commits the crime of intimidation in the second degree if the person: (a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another because of the person's perception of the other's race, color, religion, national origin or sexual orientation; (b) Intentionally subjects another to offensive physical contact because of the person's perception of the other's race, color, religion, national origin or sexual orientation; or (c) Intentionally, because of the person's perception of race, color, religion, national origin or sexual orientation of another or of a member of the other's family, subjects such other person to alarm by threatening: 1. To inflict serious physical injury upon or to commit a felony affecting such other person, or a member of the person's family; or 2. To cause substantial damage to the property of the other person or of a member of the other person's family. (2) For purposes of this section, "property" means any tangible personal property or real property, and "sexual orientation" means heterosexuality, homosexuality or bisexuality. (Section 4.731 added by Ordinance No. 18826, enacted July 13, 1981; amended by Ordinance No. 19462, enacted April 13, 1987, and Ordinance No. 19686, enacted May 14, 1990.) Page 7