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, Ken Neubeck, Jennifer Frenzer, Edward Goehring, Philip Carrasco, Edward McGlone, Arun Toke, Debra Merskin, Bonnie Souza, Councilor Greg Evans, Human Rights and Neighborhood Involvement Staff: Michael Kinnison, Jennifer Lleras Van Der Haeghen The Human Rights Commission typically meets on the third Tuesday of each month. Tuesday, November 17, 2015 5:30 – 7:30 PM Meeting Atrium Building, Sloat Room, 99 W. 10th Avenue, Eugene Contact: Jennifer Lleras Van Der Haeghen, 541-682-5619, jennifer.e.vanderhaeghen@ci.eugene.or.us ITEM _______________ACTION______ TIME 1. Agenda/Minutes Review and Approval (Chair) Discuss/Vote 5:30 - 5:35 (5 min) 2. Public Comment (Chair) 5:35 - 5:40 (5 min) 3. Support Request (Chair) Discuss/Vote 5:40 – 5:45 (5 min) YIMBY Letter of Support 4. MLK Day Awards Committee and Process Discussion/Vote 5:45 – 6:00 (15 min) 5. Resolution for Indigenous Peoples Day Discussion/Vote 6:00 – 6:10 (10 min) 6. Homelessness Joint Work Session with City Council Discussion 6:10 – 6:30 (20 min) 7. International Human Rights Day Update Discussion/Vote 6:30 – 6:40 (10 min) 8. Letter to the Attorney General Re: Black Lives Matter Discussion/Vote 6:40 – 6:45 (5 min) 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |ehroffice@ci.eugene.or.us | www.eugene-or.gov/hrc  Empowering Communities. Changing Lives. November 10, 2015 Attorney General Ellen Rosenblum Oregon Department of Justice 955 Center Street NE Salem, OR 97301 Attorney General Rosenblum: We, the undersigned, have been notified that the Oregon Department of Justice has conducted digital surveillance on Oregonians because of their use of the Black Lives Matter hashtag on social media. As recounted by our colleague, Urban League of Portland President Nkenge Harmon Johnson, and other sources, two weeks ago, her husband, the Director of Civil Rights for Oregon Department of Justice, Erious Johnson, was called to your office. At that meeting, it was revealed that the Oregon Department of Justice Criminal Justice Division has been using software to conduct “threat assessments.” The division searched the Twitter feeds of Oregonians who have used the hashtag “Black Lives Matter.” We do not know how many Oregonians were investigated by the Department of Justice. We do know, however, that Director Johnson was one of them. Because he had posted tweets using that hashtag, he was identified under the Oregon Department of Justice’s threat assessment process. It is improper, and potentially unlawful, for the Oregon Department of Justice to conduct surveillance and investigations on an Oregonian merely for expressing a viewpoint, or for being a part of a social movement. We are concerned that such unwarranted investigations are racially motivated, and create a chilling effect on social justice advocates, political activists and others who wish to engage in discourse about the issues of our time. Furthermore, during a time when you, as attorney general, are chairing the Law Enforcement Profiling Task Force mandated by House Bill 2002, we are particularly concerned that the Oregon Department of Justice is conducting investigations such as this. Certainly, we do not know all of the facts and look forward to hearing from you. More information is needed about the scope, breadth and purpose of the Department of Justice’s activities related to Black Lives Matter, and other social justice movements. As a result, we call for:  An immediate halt to digital and other surveillance of Black Lives Matter, related topics, and those individuals using that hashtag.  An independent audit, conducted by an entity accepted by the undersigned, to determine who at the Oregon Department of Justice created and authorized this threat assessment practice; when it began; whether the investigations included email, browser history, phone, and other online and off-line activity; what were the department’s intentions; and what has been done with this information.  Said independent audit to review whether the Criminal Justice Division was properly supervised or trained to avoid racial bias.  An apology and disclosure to all Oregonians ensnared in this surveillance.  Direct contact from your office to each person who was surveilled, including providing those individuals with a copy of all of the information about them that was reviewed by the Department of Justice.  A public meeting held by you, Attorney General Rosenblum, during this month to explain the information that is currently known about the use of this software to investigate Oregonians, and your response to the situation.  Your commitment to address digital surveillance as part of the Law Enforcement Profiling Task Force recommendations.  Audit results to be shared with the public by December 31, 2015. Urban League of Portland 10 North Russell Street, Portland, OR 97227 (503) 280-2600 www.ulpdx.org  Empowering Communities. Changing Lives. It is startling that Oregon taxpayers’ dollars were spent in this way. We are copying this correspondence to members of the executive and legislative branches in hopes that they will commit to ensuring an effective and transparent process going forward. We seek answers and accountability about the existence of a digital surveillance program in our Department of Justice that appears to target civil, racial and human rights activities in Oregon. We request your immediate response and remediation. Sincerely, Nkenge Harmon Johnson, Urban League of Portland Tom Chamberlain, AFL-CIO Joseph Santos-Lyons, Asian Pacific American Network of Oregon Kayse Jama, Center for Intercultural Organizing Eric Richardson, NAACP Eugene/Springfield Branch David Rogers, ACLU of Oregon Jo Ann Hardesty, NAACP Portland Branch Ken Allen, Oregon AFSCME Council 75 CC: Governor Kate Brown Secretary of State Jeanne Atkins Bureau of Labor and Industries Commissioner Brad Avakian House Speaker Tina Kotek Senate President Peter Courtney Urban League of Portland 10 North Russell Street, Portland, OR 97227 (503) 280-2600 www.ulpdx.org 
       

               · · · · · · · ·                    ! " # $ % & ' ( ) * + + , - - . ' & , , ' / 0 % & ' - 1 2 3 / 4 ) 5 6 7 7 6 8 9 # : ; 7 < # = 7 > # # ? ? ? @ * - A 3 B @ % & C 
       

                                  ! " # $ % & ' ( ) * + + , - - . ' & , , ' / 0 % & ' - 1 2 3 / 4 ) 5 6 7 7 6 8 9 # : ; 7 < # = 7 > # # ? ? ? @ * - A 3 B @ % & C Human Rights Commission Work Group Updates Date: November 10, 2015 Work Group: Anti-Discrimination Workgroup Prepared by: Bonnie Souza Date of last meeting: November 9, 2015 Summary of last meeting attached? Y/N What were the main topics discussed in the last meeting? • Draft intro, questions and closing for outreach/focus group meetings. • Process for final planning for outreach • Consideration of inviting two representatives, including one youth, from each target group to help in final planning for scheduling meetings. Do you have a proposal for the HRC to consider or any issues you need the HRC’s feedback on during the next meeting? If yes, please provide any supporting documents to be included in the packet by the Thursday before the meeting. • Any additional feedback on brainstorm list for outreach to LGBTQ and communities of color? • • MEMO TO: Human Rights Commission FM: Anti-Discrimination Workgroup DT: November 11, 2015 RE: Status of Outreach/Focus group planning Since putting together the HRC 2015-16 work plan, the Anti-Discrimination workgroup has: 1. Drafted two documents to be provided to the folks with whom we meet (“What is the HRC” – and – “The HRC Is/Is Not”). These documents could be useful for all of us in our work. 2. Brainstormed a list of possible names to be included in separate focus groups (LGBTQ community reps; Native American, African American, Latino, Asian/Pacific Islander communities; and “Other”) 3. Drafted an Intro, Questions and Closing to be used in each of our meetings 4. Made a list of tasks to complete prior to scheduling meetings 5. Discussed possibility of inviting two people from each target group to our final planning meetings for feedback on our draft questions, meetings, strategy and plans for follow up with the whole group. Human Rights Commission Liaison Update Date: November 10, 2015 Board/Commission: Civilian Review Board Prepared By: Bonnie Souza Date of Last Board/Commission meeting: October 27, 2015 What were the main topics discussed in the last meeting? • Case Review of officer involved shooting that resulted in the death of Mr. Brian Babb (veteran suffering from PTSD) What decisions were made that are relevant to the HRC? • CRB agreed with EPD’s actions that resulted in Mr. Babb being fatally shot by an officer, though they pointed out missed opportunities that might have changed the outcome (roommate offered to talk with Babb; once roommate was out of house, could have drawn back to de-escalate things; continuing use of loud speaker wasn’t consistent with need to de-escalate; there were issues of misinformation being dispatched or not passed along at all in the 911 call) • CRB supports directives and policy changes arising out of this incident, including series of steps to improve future responses to individuals in a mental health crisis • CRB was extremely critical of the investigation of the shooting by an interagency team (“The gaps are appalling,” Board member Chris Whig said; interagency team didn’t arrive until 3 hours after shooting (when it was dark); team didn’t do a walk through with the EPD shooter after the shooting; they didn’t attempt to verify with the shooter’s one collaborating witness that he also saw Babb raise his rifle; they didn’t test the rifle for Babb’s fingerprints to verify that he held the weapon; they didn’t find the bullet that killed Mr. Babb (his sister found it embedded in the wall, I believe, the next day). Are there any issues you need the HRC’s feedback on during the next meeting? If yes, please provide any supporting documents to be included in the packet by the Thursday before the meeting. • I’m interested in any feedback HRC might have for me or for the CRB.  Empowering Communities. Changing Lives. November 10, 2015 Attorney General Ellen Rosenblum Oregon Department of Justice 955 Center Street NE Salem, OR 97301 Attorney General Rosenblum: We, the undersigned, have been notified that the Oregon Department of Justice has conducted digital surveillance on Oregonians because of their use of the Black Lives Matter hashtag on social media. As recounted by our colleague, Urban League of Portland President Nkenge Harmon Johnson, and other sources, two weeks ago, her husband, the Director of Civil Rights for Oregon Department of Justice, Erious Johnson, was called to your office. At that meeting, it was revealed that the Oregon Department of Justice Criminal Justice Division has been using software to conduct “threat assessments.” The division searched the Twitter feeds of Oregonians who have used the hashtag “Black Lives Matter.” We do not know how many Oregonians were investigated by the Department of Justice. We do know, however, that Director Johnson was one of them. Because he had posted tweets using that hashtag, he was identified under the Oregon Department of Justice’s threat assessment process. It is improper, and potentially unlawful, for the Oregon Department of Justice to conduct surveillance and investigations on an Oregonian merely for expressing a viewpoint, or for being a part of a social movement. We are concerned that such unwarranted investigations are racially motivated, and create a chilling effect on social justice advocates, political activists and others who wish to engage in discourse about the issues of our time. Furthermore, during a time when you, as attorney general, are chairing the Law Enforcement Profiling Task Force mandated by House Bill 2002, we are particularly concerned that the Oregon Department of Justice is conducting investigations such as this. Certainly, we do not know all of the facts and look forward to hearing from you. More information is needed about the scope, breadth and purpose of the Department of Justice’s activities related to Black Lives Matter, and other social justice movements. As a result, we call for: x An immediate halt to digital and other surveillance of Black Lives Matter, related topics, and those individuals using that hashtag. x An independent audit, conducted by an entity accepted by the undersigned, to determine who at the Oregon Department of Justice created and authorized this threat assessment practice; when it began; whether the investigations included email, browser history, phone, and other online and off-line activity; what were the department’s intentions; and what has been done with this information. x Said independent audit to review whether the Criminal Justice Division was properly supervised or trained to avoid racial bias. x An apology and disclosure to all Oregonians ensnared in this surveillance. x Direct contact from your office to each person who was surveilled, including providing those individuals with a copy of all of the information about them that was reviewed by the Department of Justice. x A public meeting held by you, Attorney General Rosenblum, during this month to explain the information that is currently known about the use of this software to investigate Oregonians, and your response to the situation. x Your commitment to address digital surveillance as part of the Law Enforcement Profiling Task Force recommendations. x Audit results to be shared with the public by December 31, 2015. Urban League of Portland 10 North Russell Street, Portland, OR 97227 (503) 280-2600 www.ulpdx.org  Empowering Communities. Changing Lives. It is startling that Oregon taxpayers’ dollars were spent in this way. We are copying this correspondence to members of the executive and legislative branches in hopes that they will commit to ensuring an effective and transparent process going forward. We seek answers and accountability about the existence of a digital surveillance program in our Department of Justice that appears to target civil, racial and human rights activities in Oregon. We request your immediate response and remediation. Sincerely, Nkenge Harmon Johnson, Urban League of Portland Tom Chamberlain, AFL-CIO Joseph Santos-Lyons, Asian Pacific American Network of Oregon Kayse Jama, Center for Intercultural Organizing Eric Richardson, NAACP Eugene/Springfield Branch David Rogers, ACLU of Oregon Jo Ann Hardesty, NAACP Portland Branch Ken Allen, Oregon AFSCME Council 75 CC: Governor Kate Brown Secretary of State Jeanne Atkins Bureau of Labor and Industries Commissioner Brad Avakian House Speaker Tina Kotek Senate President Peter Courtney Urban League of Portland 10 North Russell Street, Portland, OR 97227 (503) 280-2600 www.ulpdx.org Resolution: Recognizing and celebrating the Second Monday of October as Indigenous Peoples’ Day WHEREAS, all people are born free and equal in dignity and rights; and WHEREAS, On November 28, 2011, the Eugene City Council unanimously voted to revise Eugene's 20- year-old Human Rights Ordinance to make it a duty of the Human Rights Commission to embrace the full range of human rights as enumerated in the Universal Declaration of Human Rights. Including being proactive in efforts to make the City of Eugene a Human Rights City. WHEREAS, the city if Eugene Human Rights Commission is committed to protecting and advocating for justice, human rights, and the equal treatment of all people who live and work in Eugene; and WHEREAS, the United States ratified the International Convention on the Elimination of All Forms of Racial Discrimination (“CERD”) in October 1994 and Article 7 of CERD requires States “to adopt immediate and effective measures, particularly in the field of teaching, education, culture and information with a view to combating prejudices which lead to racial discrimination and to promote understanding, tolerance and friendship”; and WHEREAS, the United States endorsed the United Nations Declaration on the Rights of Indigenous Peoples (the “Declaration”) on December 16, 2010 and the Declaration recognizes that “indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources”; and WHEREAS, Article 15 of the Declaration recognizes the right of indigenous peoples “to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information” and places an obligation on States to “take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society”; and WHEREAS, the Commission recognizes that the indigenous peoples of the lands that would later become known as the Americas have occupied these lands since time immemorial; and WHEREAS, the Commission recognizes that the celebration of Christopher Columbus and his alleged 1492 discovery of the lands that would later become known as the Americas works to celebrate an era of colonization and dispossession of indigenous peoples’ homelands, as well as the decimation of entire groups of indigenous peoples from North and South America; and WHEREAS, the Commission recognizes the dignity and diversity of the cultures, traditions, histories and aspirations of the City of Eugene’s indigenous peoples; and WHEREAS, the Commission honors the fact that our great City is built upon indigenous peoples’ homelands; and WHEREAS, the Commission seeks to combat prejudice and eliminate discrimination stemming from colonization and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of our society; and WHEREAS, the Commission values the contributions made to our City and our society through indigenous peoples’ arts, knowledge, technology, science, philosophy, and culture; and WHEREAS, the Commission promotes the closing of the equity gap for indigenous peoples through policies and practices of government entities, organizations, and other public institutions that reflect the experiences of indigenous peoples of the Americas and honor our indigenous roots, history, contributions; and WHEREAS, Indigenous Peoples’ Day was first proposed in 1977 by a delegation of Native Nations to the United Nations-sponsored International Conference on Discrimination Against Indigenous Populations in the Americas; and WHEREAS, in 1990 representatives from 120 indigenous nations at the First Continental Conference on 500 Years of Indian Resistance unanimously passed a resolution to transform Columbus Day into an occasion to strengthen the process of continental unity in a struggle towards liberation, and to reveal a more accurate historical record; and WHEREAS, in 2011 the Affiliated Tribes of Northwest Indians, representing 59 Tribes from Washington, Oregon, Idaho, Northern California, Western Montana and some Alaskan Tribes, passed resolution #11- OO to “Support to Change Columbus Day (2nd Monday of October) to Indigenous Peoples’ Day”; and THEREFORE BE IT RESOLVED that the Commission offers this resolution, declaring its support for the City of Eugene’s recognition of Indigenous Peoples’ Day on the second Monday in October; and NOW THEREFORE BE IT FURTHER RESOLVED that the City of Eugene strike from the calendars and websites the day as Columbus day and any and all misinformation on its city information materials and or websites, including referencing the City of Eugene’s European immigrants as first settlers but as such, as Immigrants. NOW THEREFORE BE IT FURTHER RESOLVED that the Commission encourages the Eugene 4J and Bethel School Districts, Board members to mandate that the public schools of our City teach about the history, culture, and governments of indigenous peoples of the Americas, our state, county and city, while giving special focus to the history, culture, and governments of indigenous peoples on the second Monday in October. NOW THEREFORE BE IT FURTHER RESOLVED that the City of Eugene Human Rights Commission encourages other organizations, and public institutions to recognize indigenous Peoples Day. Adopted by the City of Eugene Human Rights Commission on November __, 2015.  City of Eugene Human Rights Commission MINUTES Tuesday, October 20, 2015 5:30 – 7:30 PM Meeting Atrium Building, Sloat Room, 99 W. 10th Avenue, Eugene Present: Human Rights Commissioners: Andrew Thomson, Ken Neubeck, Jennifer Frenzer, Edward Goehring, Arun Toke, Philip Carrasco, Chris Nunes, Bonnie Souza, Councilor Greg Evans Staff: Michael Kinnison and Jennifer Lleras Van Der Haeghen EPD Liaison: Lt. Jennifer Bills 1. Agenda/Minutes Review and Approval B. Souza - Remove ACLU from the agenda. Dave Fidanque is here as an individual who formerly worked for the ACLU. Motion: Move to approve the agenda with the removal of the ACLU. Made by: Andrew Thompson Second: Edward Goehring Vote: Unanimous Motion: Move to approve the minutes from September 15th, 2015. Made by: Edward Goehring Second: Ken Nuebeck Vote: Unanimous 2. Public Comment Majeska Seese-Green – I’m here to urge the HRC to help the City move forward with urgency to be more involved in finding ways to shelter homeless people as we approach Winter. There needs to be a great deal of shelter over the winter for all kinds of people, including people who are not part of specific categories and those who will not sign forms to not abide by rules. Encourage the city to open and renew partnerships they haven’t had before. Additionally I would be pleased if the HRC would express something about the need to tape record the Civilian Review Board meetings. This is important for community transparency and accountability. The Auditor made the decision 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |ehroffice@ci.eugene.or.us | www.eugene-or.gov/hrc  to stop the recording. I suggest we should record the full meeting including the discussion of cases. Only once every 6 months slips and says the officer’s name. Emily Farthing – Interfaith Prayer Service International Want to share that I’ve been working with down town businesses, faith organizations and neighborhood associations. There will be a town hall to discuss housing justice on November 18th. Time and location will be finalized soon, I will be in touch with this information later. Focus on the audience that attends and break into small groups to identify take away actions. Goal is to eliminate the other and creating an “us” for our community. 3. Support Request Youth Empowerment Symposium (YES!) No representative from YES! Present for the conversation. C. Nunes – Do we have record of supporting them before? M. Kinnison – I do not have these records right now. A. Thompson – I am concerned about the ask being at $400, which is above the amount that is normally given. E. Goehring – Is there a commissioner who is normally involved? A. Thompson – We normally table. B. Souza – They do mention that they understand it’s more than normal amount given, would be grateful for any support. A. Toke – Suggests that we fund at $200. M. Kinnison – The event will be Wednesday Nov. 11th. A. Thompson – would anyone be available? P. Carasco – I would like to go and I am available. Motion: Move to support YES! at $200 for co-sponsorship and involvement. Made by: P. Carasco Second: C. Nunes Vote: Unanimous E. Goehring – A question for another time is: if we want to support at co-sponsorship level but cannot send a commissioner should that really keep people from accessing funding? Would like to discuss this at a future meeting. Showing Up for Racial Justice (SURJ) Carter McKenzie and Lina Van Brunt – Here in support of a request for co-sponsorship for Novemeber 5th event from 7pm – 9pm at the Hilyard Community Center. SURJ will be showing “Vocabulary of Change”. This is an unrehearsed conversation between Tim Wise and Angela Davis. We would like to have a commissioner present and co-sponsorship of $50. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc  K. Neubeck – are you asking $50 for printing and $50 for refreshment. Carter McKenzie – Yes, that would be great. Motion: Move to support SURJ at $100 . Made by: E. Goehring Second: A. Toke Vote: Unanimous Transgender Day of Remembrance Seda Collier and Akasha Vatelli - Event held every year to commemorate transgender people who have been murdered due to perceptions of gender deviance. Would like $200 to hire ASL interpreters to make it more accessible to people with hearing disabilities. Held here in the Atrium Lobby on Nov 20th from 5:30pm – 8:00p m. C. Nunes – Did it have interpreters last year? Seda – yes A. Toke – how many people attended last time? Lt. Bills – Several Hundred A. Thompson – can someone be there? K. Neubeck – I would like to attend. Motion: Move to support TDOR at $200. Made by: K. Neubeck Second: B. Souza Vote: Unanimous 4. HB 2002 Update Chief Kerns and Dave Fidanque invited up to present on HB 2002. D. Fidanque – Handouts will also be sent to you electronically by staff. I am a member of Oregon’s Law Enforcement Contacts Policy and Data Review committee (LECC) as is Chief Kerns, I have served since 2001 when it was created. Committee is made up of 10 individuals with representatives of law enforcement and individuals from around the state. To give you background, the LECC was formed as a way to deter racial profiling in Oregon. Since 1997 every Law Enforcement agency has had a policy prohibiting Profiling. Took us through 2011 and during that time the LECC encouraged law enforcement to collect data with demographic information and analyze this data. Training program was developed for officers and leadership. This program has trained over 1500 law enforcement people around the state. Addition the LECC commissioned a number of surveys to gauge public attitudes towards law enforcement with oversampling in Latino and African American communities. When Rep. Frederick introduced this bill some representatives of the LECC discussed the need to reinvigorate the LECC. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc HB 2002 implements a new definition of profiling. One that the Chief and I agree is too narrow. Hoping to see this changed and broadened. The bill also expanded the definition of categories of who is included. Part of definition we believe is too narrow requires the targeting be based solely on the real or perceived identity of the person being stopped. We believe it should read primarily. Bill requires all law enforcement agencies to update policies no later than Jan 1st 2016 and to put together a complaint process if they don’t already have one. The law requires copies of the complaints and their disposition be sent to the LECC and a mechanism for the LECC to take in complaints themselves. The legislation also brought in a profiling work group that is chaired by a staff member of the Attorney General’s office with other members appointed. This group is tasked with reporting to the legislature by December 1, 2015. It is expected that the work group will live longer than that and may make recommendations for 2017 session. E. Goehring – The chief has heard this before but there is the other half of profiling and that is how services are provided. I have worked in some big cities where services are provided to different communities in different ways. I have seen services provided, denied or modified by the perception of officers and this should be addressed. D. Fidanque – One of the documents I forwarded to M. Kinnison includes information to assist communities in evaluating the training and procedures. Some of these issues come up when the committee have evaluated stop data. Analysis of this data has shown consistently that there hasn’t been a higher level of initial contacts by race or ethnicity other than in Portland. But the disparities are seen in whether there is a search and the results of the search. Nationwide officers are less likely to search white drivers compared to people of color especially African Americans or Latinos. In one department, Corvallis, which has collected the most data points, it was found that in 2009 there was a correlation between the stops and searches of African Americans and Latinos and the number of passengers in the vehicle and the time of day. Vehicles with multiple passengers at night were more likely to be stopped and searched, but less likely to find criminal activity. The LECC encouraged them to look at policies and training. Not to excuse the impact, but data leads us to more questions. E. Goehring – Income plays a part as well. Lower income people are more likely to travel together. The other thing we don’t know is how many were students. D. Fidanque – When the department went to 16 week training curriculum the LECC offered training points and scenarios that could be used in addition to their unit on diversity. Doing a good job integrating scenario based training on racial and ethnic minorities. G. Evans – does that include the Oregon State Police? D. Fidanque – No just CPD. G. Evans – Jurisdictions are intertwined in Corvallis as Oregon State Police are on OSU’s campus. We now have a similar situation here in Eugene. D. Fidanque – Only about 6 or 7 departments have collected voluntarily and not all have submitted data for analysis. Both California and Rhode Island passed legislation this year that requires mandatory data collection. RI additionally places limits on consent searches and stop and frisk of juveniles. B. Souza – If I understood correctly in the City Club Cheif Kerns, you said that you would be basing this on “primarily”. 1. How would one prove that something is primarily based on an identity? 2. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc For the Law Enforcement Work Group, is it possible that this wording could be a recommendation? D. Fidanque – Think that this will be discussed on Thursday. The LECC could also forward recommendations to legislature. Don’t know if we’ll gain consensus on this issue. Would hope that given our agreement may well find consensus. Complaints made to the LECC will be for the most part turned over to the Law Enforcement Agency. Chief Kerns – When you train employees you train them in the way you want them to perform. Thinking is that we don’t contact people when race or another factor is a primary motivator. In training we can remind officers that complying with the 4th amendment is not enough, and that they need to address crime and safety concerns. Reality is that it would be very difficult to prove what is in the mind of the officer. Unlikely that the officer will admit that they are acting on conscious motives but we can focus training in this area. C. Nunes – First of all I applaud that you’re working on this and that Chief Kerns has been working on this for a long time. This goes back to the enforceability of the policy. I like that there are many data pieces. Will pretext stops continue to be a barrier to ascertain that? D. Fidanque – Just because something doesn’t violate the constitution doesn’t mean that it’s good policy. Been encouraging law enforcement Chiefs and Sheriffs to think about if policies prevent crime or drive a wedge between law enforcement and the community. Key indicators about public attitudes have come out of the surveys done in 2009. Want to do another in 2016. One question that we asked was: Did you ever believe you were stopped for a reason other than you were given? White people – 22% yes, African American people – 78% yes, Latinos 33% yes. There is clearly a huge credibility gap with African Americans and law enforcement. All of these points to changes that are needed. G. Evans – last time I was stopped was because the tail light was out, when I went to my mechanic told nothing wrong with tail light. D. Fidanque – Another big problem is consent searches, most people don’t feel they can say no. We have asked agencies to distinguish between policy required searches and discretionary searches. Consent searches disproportionality impact people of color. J. Frenzer – Could you both let me know a little more about the thinking behind changing the wording from solely to primarily. Is primarily not enough? Cheif Kerns – The department is not consciously stopping people based on race or gender. There must be an actual violation or crime to justify a stop. Changing to a standard of primarily gives us more room. It is lawful and appropriate for an officer to take that into account. D. Fidanque – The ACLU argued behind the scenes that solely could be deleted from the bill. It was added in with amendments. As far as I’m concerned could just delete the word, still hard to prove that a person was profiled. Unless there is an overt statement by the officer, which has happened before. Chief Kerns – If we think we’re going to solve this by catching officers it isn’t going to happen. We’re going to have to acknowledge that we all have subconscious biases. The stakes are higher for police than other people. We are not trying to address police who are active racists. If someone made it through the hiring process without being discovered as a racist, it would be rare. What we need to do is train more people on implicit bias and ways to address violations. In Brookline, a community awarded for most transparent department, they train on bias and when 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc  data stands out for an officer, that officer is brought in to discuss the discrepancies. We’re a little frustrated because our vendor has not been able o deliver our stop system for data collection. However we have 12 volunteers who will be trying a new system that Public Works put together for us while we wait for our full system to go up. P. Carrasco – Where it says do you wish to remain anonymous can people change their minds and no longer be anonymous? D. Fidanque – Yes they can change that. They will be contacted by an LECC staff member and they will explain the outcome of making an anonymous complaint. There is only so much information that can be offered and a complaint still be anonymous given that date, time and location can identify who was impacted. P. Carrasco – If it happens to be a third person can they remove their anonymity? D. Fidanque – I assume that can happen. P. Carrasco – I see that the identities follow the language of the House Bill. Can you go above and beyond? D. FIdanque – That is what is required. P. Carrasco – I see that people are protected for their religion, what about protections for atheists? D. Fidanque – atheists are covered in religious protections P. Carrasco – will this be available in other languages? D. Fidanque – not sure we’ll have funding at this time. Chief Kerns – We did talk about having this in Spanish. 5. A Better Oregon With a Better Oregon Campaign from Our Oregon. This is a campaign that is going to put a measure on the ballot to raise the corporate minimum tax on out of state corporations and use that money to support schools and other critical services. In last 10 years 3400 teachers have been laid off. We all know that schools are underfunded, teachers are being laid off and class sizes are huge. This measure would increase corporate min tax. A. Toke – Is this legal? G. Evans – Perfectly legal, corporations have not had to pay these taxes for years. A. Toke – Why distinguish out of state? G. Evans – Current levels abysmally low. Getting us right and in balance is critical. Rina – Don’t know, but I can find out. Corporate minimum tax in Oregon is the lowest in the whole country. Souza – With TPP it could mean that this is considered an unfair advantage. 6. City Council Update (Councilor Evans) G. Evans – I’ve been out of commission for a few weeks. Main update is that we will have a work session on homelessness. Has not been scheduled but should be scheduled soon, hopefully we will have more information tomorrow. This will be a joint work session for the entire commission and council. Tomorrow we’ll be discussing South Willamette-SAZ. C. Nunes – Thank you for your work. 7. EPD Update: Incld Hate and Bias Quarterly Update 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc  Lt. Bills – For the Hate and Bias Quarterly Update looked at stats for City. Sexual orientation and race are high and continue to be lead indicators. As an agency we’re working on doing outreach to vulnerable communities, specifically looking for ways to work with the Trans community regarding the filing of police reports and making stronger relationships. J. Lleras Van Der Haeghen - Can you please speak to adding of Police to this data? Lt. Bills – We’re encouraging police to report when they are targets of hate or bias when appropriate. Nunes – is it skewing or just a hate crime? Lt. Bills – It is really happening. We are just counting in different ways now. E. Goehring – Think it is really important to keep track of. Documenting this behavior is helpful to get it into the system. K. Neubeck – if we assume that these statistics are really under representations how can the police department facilitate more reporting? Lt. Bills – Example I’ll use is Sexual assault. One in 4 women are assaulted and yet we know reporting is not happening at this rate. When communities don’t have access, relationships or understanding of the system it’s harder for reporting to happen. 1. We need to make sure that the law enforcement agents are prepared to talk to community members and respond appropriately. 2. Need to go out into the community, help people feel safe and explain what is next when you file a police report. Need to maintain relationships and work keep them strong. K. Neubeck – What about training people in communities to take these complaints? Lt. Bills – Yes I think that would be great, but at the end of the day we need to have police present to take the report. A. Toke – I would like to know if in the police training they’re always trained to shoot at the heart. Lt. Bills – In police training we’re always trained to shoot at largest point, which is the chest. In some cases trained to shoot at the head. A. Toke – So it doesn’t take into account if someone has a gun? Lt. Bills – Police are trained to make a split second decision on whether or not a use of force is appropriate by the 14th amendment and policy. Body camera update: The plan is to fully equip all sworn officers and we are currently working on proposals to buy the actual devices. Working with the District Attorney’s office to come up with best policies we can. Preference is to get a system that is compatible with the in car video and we’d like for this to be cloud based. Wireless upload that is secure would be ideal. We need something that is able to grow and adapt with the agency and need something that will last in our weather. Currently have 18 cameras were testing downtown. Hoping that in January we’ll have written an RFP. 8. Commission Liaison Updates B. Souza – There is no report from me at this time because the CRB does not meet again until 10/27. M. Kinnison – Bonnie, do you know if Chris will continue to be the liaison. Can you ask? B. Souza – Yes I can ask that. E. Goehring – For the Police Commission: The 21st century policing document I shared is going to be very important for police agencies around the country including EPD. If you want to see in one place, take a look at that doc. EPD is putting a great deal of emphasis on this document. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc  LT. Bills – IACP.com will have a summary of that report on that website if you do not want to read the full text. 9. Work Group Lead Updates K. Neubeck – We’ve met, Bonnie, myself and E. McGlone primarily to talk about outreach plans to work with organizations. We will be sharing a list of groups we’d like to speak with and would like to share that with commissioners for input. Bonnie will send this list in the coming week. We talked about tonight’s presentation on HB 2002as well as the work that the NAACP is doing to plan a series of conversations on race. In your packets you have two documents one describing what the HRC does and another that explains what the HRC is and is not. Want to boil these down so that they can be single sided. Our hope is to use these with outreach and tabling. If you have comments or suggestions please send them to one of us. J. Frenzer – The list on page 25 tells some of the proposals that we’d like to bring to the commission. One of them that didn’t make it on was the community conversations in neighborhoods. Similar to the conversations of the NAACP and I would like to know how this is going as it moves forward. Works well to have a coalition of organizations hosting community conversations so that we can have people of different perspectives to talk to folks. A. Toke – Are we cooperating with the November 18th event? J. Frenzer – they have come to the work group to report on the planning sessions for that. Since they’re building such a big effort I’m glad it’s happening. A. Toke – If you or Ken want to make a presentation there, would you like that? Seese-Green – So far this is not being called a Thrive event, no organizations are involved at this point. Going to talk about the idea of organizations being involved at future meetings. Personally we know that time is running out. It would be wonderful if the HRC had its name involved. How you can be involved in the planning is a whole other subject. Planning meetings are happening every Thursday at 5pm in the Singer room at the Eugene Public Library. A. Toke – Invite Emily to work group next time so that we can find out what is happening. J. Frenzer - Will make the invite. Seese-Green – Need people to be involved and build a movement. J. Frenzer – Need to take note of people who are not willing to join yet. We’re hoping that we would get to talk about things in the report. For the work session with the council, how does the commission build an agenda with the council to ensure that the conversation can help us get where we want to go? Do we need to create a subcommittee to do this? We approached the Poverty and Homelessness Board about their plan to do outreach to community. An idea came out that maybe we need to do outreach with Poverty and Homelessness Board. We’re hoping to ask the PHB to do this through their community outreach group. A few people were involved in advising the PHB after writing the editorial in the RG. Asked folks to look at a draft of what PHB is doing on criminalization. Rewrote and submitted this today. P. Carrasco –I have been slowly meeting with folks about Youth Human Rights Commission. I’ve met with Roscoe Caron, Eric Richardson, Jim Garcia, GLAD youth etc. Checking to see how much they would like to participate in this process. Still have yet to reach out to other organization heads. Also need to set a date to meet with youth to have larger conversation. A. Toke – Can we include HS and UO/LCC students? P. Carrasco – Yes and the LCC Mechistas have connected us to Churchill and other HS. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc  J. Frenzer – Going back to what we were talking about before, I need to follow up on my questions. M. Kinnison – To my knowledge there is no process already in place for a work session between Council and another advisory body. G. Evans – I haven’t had any conversation of the framework or format of how this work session will go. I do know it will be based on 3 items outlined in work session request. Homelessness, coordination and criminalization. M. Kinnison – Do you think that’s enough going in? Could the HRC do preliminary prep work? G. Evans – Yes it would be helpful if the staff and HRC did prep work. But the framework is going to be those topics. The approach to this needs to be a give and take where HRC can present a preliminary document to frame conversation for Mayor, Claire and I. M. Kinnison – No date set yet. Have some time but good idea to get started. G. Evans – We can help frame the conversation so that it can be productive. J. Frenzer – Looking at outcomes and as a group need to make some decisions about the types of outcomes were looking for. Are there pathways we’re hoping the council will move towards? Homelessness is a huge topic, we could just swim around in it and not leave with a clear plan. G. Evans – What you have to have is some clear policy objectives for council to consider. That should be the primary goal around the 3 main topics. What are the possible policy takeaways and suggestions that can come out of the dialogue? It’s not every day that we get to have these conversations. This is breaking new ground. Need to be very focused and talk about concrete policy advisement. E. Goehring – We need to be mindful that we’re not only setting a precedent of cooperation with this commission and others. G. Evans – The outcomes we set for this time together and policy options need to be achievable. M. Kinnison – Are you looking for people tonight who will be part of building out the agenda? J. Frenzer – K. Nuebeck, G. Evans, J. Frenzer, A. Thompson and B. Souza would like to be part of this team. Motion: Create a work group to discuss this. K. Neubeck moves, second E Goehring, vote was unanimous. 10. Staff Update J. Lleras Van Der Haeghen- We need to address the Community Health Improvement Plan focus group. People have not expressed availability for the focus group we have been planning. It sounds like you all want to move forward with having people share information in a one on one format. Are there any volunteers to do this? E Goehring, C. Nunes P. Carrasco. Will do the phone calls with the Community Health Improvement Plan staff. M. Kinnison - The UN Working Group on Discrimination Against Women will visit Oregon December 7th and 8th they will visit Salem, Portland and Eugene. P. Carrasco – on the MUPTE assignment, sounds like quite a few meetings. Wanted to revise if possible that Ken is the lead on the EHRB and I’ll be back up. K. Neubeck – Yes. J. Lleras Van Der Haeghen – The updated on a Smoke Free Downtown is that given the increased conversations on livability downtown staff is working to engage all of these conversations. This 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc  means the timeline has been slowed. When staff begins working on any drafts the HRC will be informed and asked for input. 11. Agenda Planning and Closing/Announcements P. Carrasco – I wrote a resolution that we could approve which is in your email. I hope that we will consider it at the next meeting. The resolution addresses celebrating the second Tuesday of October as Indigenous People’s day. Please look at it and share amendments. I do feel strongly that we maintain some of it. J. Frenzer – I would like to work on this and invite Native people to work with us on considering the language. P. Carrasco – Our role is to lead the way, but we do have this month to get people to sign off on it. In the text it talks about local indigenous people and indigenous people generally. Motion: Move to adjourn Made by: E. Goehring Second: A. Thompson Passes Unanimously. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc  9. Council update 6:45 – 6:55 (10 min) 10. Commission Liaison Updates 6:55 – 7:05 (10 min) 11. Work Group Lead Updates 7:05 – 7:15 (10 min) 12. Staff Update Q and A 7:15 – 7:20 (5 min) 13. Agenda Planning and Discussion 7:20 – 7:25 (5 min) 14. Announcements 7:25 – 7:30 (5 min) Upcoming events, activities or meetings the HRC needs to be aware of: NO HRC MEETING IN DECEMBER – Next meeting January 19th. November 18th, 7 – 9pm, First United Methodist Church, YIMBY Town Hall on Homelessness. December 2nd, 6:30 – 8:30pm, LCC Downtown 1st Floor Conference Rooms, Downtown Solutions Forum: Generating Ideas for Action to Improve Shared Spaces in Downtown. (City of Eugene) December 10th, International Human Rights Day (Human Rights Commission) January 6th, 5:30pm, Hult Center, State of the City of Eugene. January 20, 7:30pm, Willamette University Smith Auditorium (Salem), Ta-Nehisi Coates – A Deeper Black: Race in America. January 26, 7-8:30pm, University of Oregon 156 Straub Hall, Nikole Hannah Jones - Be Just: How Smart Phones and Social Media Are Democratizing the Press and Empowering People of Color 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. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 | ehrcenter@ci.eugene.or.us | www.eugene-or.gov/hrc 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