City of Eugene Human Rights Commission

City of Eugene Human Rights Commission Meeting packet for Tuesday, September 15, 2020 - 5:30-730 PM Please click the link below to join the webinar: https://eugene-or-gov.zoom.us/ j/94797676360 Passcode: HRC-2021 Draft Agenda Page 2 Draft Minutes from 06/2020 Page 3 Draft resolution in support of Black Lives Matter (06/20) Page Summary of HRC listening session on July 08, 2020 Page 9 Summary of HRC planning retreat Page 12 White Bird Recommendations on Homelessness (06/20) Page 13 Draft HRC 2021 work plan actions Page 20 Draft HRC 2021 liaison appointments Page 23 EPD Policy on pepper balls Page 26 Office of Human Rights & Neighborhood Involvement | City of Eugene | 99 W 10th Ave | Eugene OR 97401 | (541) 682-5272  City of Eugene Human Rights Commission Human Rights Commission Agenda for Tuesday, September 15, 2020, 5:30 7:30 PM Join online: https://eugene-or-gov.zoom.us/j/94797676360 Passcode: HRC-2021 Human Rights Commissioners: Joel Iboa (Chair), Amanda McCluskey (Vice Chair), Ibrahim Coulibaly, Heather Sielicki, Ibrahim Hamide, Serena Markstrom, Rick Guerra, Bonnie Souza, Kirstin London, Daniel Borson, Councilor Emily Semple Human Rights and Neighborhood Involvement Staff: Michael Kinnison, Fabio Andrade 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, be publicly accountable for human rights progress. Item Description Action Time Duration 1 Agenda/Minutes Review (Chair) Discuss/Vote 5:30 - 5:35 5 min 2 Public Comment (Chair) 5:35 - 5:45 10 min 3 Eugene Police Liaison Updates 5:45 5:55 10 min 4 HRC Work plan Discuss/Vote 5:55 6:35 40 min 5 EPD s pepper ball policy Discussion 6:35 6:45 10 min 6 HRC Work Groups Updates 6:45 6:55 10 min 7 Liaisons to other boards and Commissions Updates 6:55 7:05 10 min 8 City Councilor report Updates 7:05 7:15 10 min 9 Human Rights and Neighborhood Involvement Updates 7:15 7:25 10 min 10 October HRC Meeting Agenda Discuss 7:25 7:30 5 min The next scheduled meeting of the Human Rights Commission is on October 20, 2020 The Eugene Human Rights Commission welcomes your interest in these agenda items. For the hearing impaired, FM- e prior to the meeting. Spanish- 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. 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. The Human Rights Commission meets monthly on the third Tuesday at the Sloat Room, Atrium Building, 99 W 10 th Street Eugene, OR 97401 - Contact: Fabio Andrade, 541-682-5177 fandrade@eugene-or.gov  City of Eugene Human Rights Commission MINUTES Eugene Human Rights Commission - HRC Online meeting Eugene, Oregon June 17, 2019 - 5:30 p.m. PRESENT: Daniel Borson, Amanda McCluskey, Rick Guerra, Kirstin London, , Ibrahim Coulibaly Lorna Flormoe (staff), Fabio Andrade (staff). Absent: Opening Chair Iboa called the meeting to order at 5:32 PM Agenda Review – Not reviewed due to lack of quorum. Minutes Review – May minutes approved by seven votes. Joel Iboa, Kirsten London, Ib Hamide, and Bonnie Souza abstained. Public Comments Majeska Seese-Green – Glad that meeting is being recorded, asks for it to be made available to the public. Rachel Hammond – In Eugene for 15 years, getting used to how local government works. Excited that there is a Human Rights Commission. Asks people to participate, asks HRC to request a ban on tear gas and pepper bombs. Mentions connection between tear gas, protests, and spread of COVID-19. Supports demilitarization on police. Heather Sielicki – Spoke on homelessness services. Asks HRC to urge City Council to suspend encampments removal following CDC’s guidelines. Requests clarification on where shelter-in- place is available for unhoused people. Asks for a new call and dispatch system not involving police when the only offense is camping. Ralph McDonald – Seconds Rachel comments ban of crowd control and supports Heather on suspending illegal camping enforcement. Submitted a draft resolution to HRC and support stronger version submitted by WeCU. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |HRNI@ci.eugene.or.us | www.eugene-or.gov/HRC  City of Eugene Human Rights Commission Nadya Telsey – Concerned about White Nationalism. Frightened bout people pushing for a race war. Asks City Council to a strong statement and to know how such groups are being tracked. Supports allocating more money to CAHOOTS. Shaylin – Glad the HRC is doing this work. Supports ban on chemical weapons against protesters. Comments on problems with curfews with little notice and harassment of protesters by police. Michael Gannon – Wants to draw attention to demonstrations around the globe in support of Black Lives Matter (BLM). Encourages HRC to participate and support connections between local issues and larger movement in support of BLM. Also look into the relationship between the pandemic and human rights. Sean Shivers – Thanks everyone to participating at HRC and at Police Commission. Announces that applications to that commission are open and invites people to apply. Tyler Stewart – Surprised that the City has a Police Commission. Justice is not policing but about what brings life, mercy, lightness not force and death. Encourages policies that brings rightness and wholeness. Summary of Commissioners’ reflections on public comments Each commissioner present was given up to 5 minutes to reflect on the content of public comments and how the commission should act on the demands presented in the public comments’ session. [See recording for full comments] Ib Hamide – Expressed he believes that Black Lives Matter and that HRC must take actions to change injustices. Called for legislation supporting inclusion of all in the community. Bonnie Souza – Thanked the community for speaking out against police brutality and demanding police reform. Talked about WeCU and its work to support inclusion of marginalized communities and the threat of white nationalism. She spoke in support of draft resolution supporting BLM demands and police reform. Ended with recent incidents of violence against people of color. Daniel Borson – Appreciated public comments. Spoke of his concerns about White nationalism and current federal administration’s posture in support of such groups. Mentioned relationship between white supremacists and police forces. Concerned about militarized police forces and their coziness to White supremacist groups. Recognize that Eugene Police is progressive, but still he is not sure if police would protect people demanding social justice. Ela Kubok – Mentioned e-mails received and support to police reform including shifting services from police to other agencies. Recommended that HRC focus more on anti-racist education in the upcoming year and better promotion of HRC’s work. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |HRNI@ci.eugene.or.us | www.eugene-or.gov/HRC  City of Eugene Human Rights Commission Amanda McCluskey – Appreciated public comments and e-mails received in support of their community. Concerned about the dismantling of homelessness camps and temporary shelters. Concerned about white nationalism activity in the community. Hopes the HRC can support changing current system. Ibrahim Coulibaly – Concerned about police arresting people who has nowhere else to go. Addressed long-standing oppression against people of color and use of force by police. Demanded HRC to act in support of needed changes. Shared a story of an incident in which a Black man was profiled by police and invited commissioners to support demands presented at current recent protests. Serena Markstrom – Talked about her disagreement with a portion of an e-mail [sent by HRNI] inviting HRC commissioners to support conversations between communities of color and police. She talked about her experiences with Eugene Police as being not always positive and asked for more accountability. Wants HRC to be more representative of the community Councilor Semple – Appreciates public comments and e-mails received. Feels inspired by energy around current movement for fairness in policing. Believes City Council should act with urgency on the issue. Asks people to keep sharing and reminding her of what needs to be done. Kirstin London – Appreciates participation and believes HRC needs to do more. There is much work to be done and believes HRC is up to the task. Joel Iboa – Acknowledges the difficult moment with the pandemic. Violence against Black people has impacted him. Is concerned about the fabric of US democracy. Is concerned with White supremacists on the streets. Appalled at use of chemical ammunitions against protesters and establishment of curfews in Eugene. Shared story about his appointment to the HRC. He was the only person of color at the final stage and he was not selected. A commissioner decided to resign so he could be appointed to the vacant position. Eugene Police Liaison Updates Lieutenant Harrison was not on the call. Chief Skinner addressed the commission. Chief Skinner spoke on support of his commitment to eh community and the need to overcommunicate. EPD is starting at a deficit position but wants to earn the trust of the community. He had a recent meeting with Black community members at St Marks’ Church. He is committed to police reform and the role EPD can play in the community. He questioned what it would look like if EPD would not need to respond to issues involving homelessness and mental health crises. Meaningful change requires time. Wants to have the right people in the conversation discussing the needed changes to the current system. Chief Skinner answered questions from commissioners providing clarification on how Eugene Police dealt with recent protests and counter protests. Draft resolutions on 'Black Lives Matter' protests The HRC discussed two draft resolutions presented to the commission by the WeCU workgroup and by Ralph McDonald. The resulting draft resolution is attached to this document. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |HRNI@ci.eugene.or.us | www.eugene-or.gov/HRC  City of Eugene Human Rights Commission Recommendations on homelessness Kirstin London presented the recommendations submitted by White Brid Clinic regarding support to homelessness people during this pandemic. A motion to forward the recommendations to the City of Eugene was presented by Ibrahim Coulibaly and seconded by Bonnie Souza. It was approved unanimously. Work Group and Liaison updates To be submitted in writing City Council Liaison Updates Councilor Semple mentioned the hiring of Sarah Medary as City Manager and provided clarification on closing of temporary camping at Fair Grounds by Lane County government. She proceeded to talk about the protests in downtown and in support of the draft resolution regarding protests demands. Special meeting The commission discussed scheduling a special session to listen to communities of color regarding the demands for social justice raised in recent protests following the killing of George Floyd. A committee was created to plan the special session including Joel Iboa, Ela Kubok, and Bonnie Souza. Retreat planning Joel Iboa, Amanda McCluskey, Kirstin London and Bonnie Souza formed a committee to plan the HRC retreat. Meeting adjourned at 8:45pm Recorded by Fabio Andrade A video recording of this meeting is kept by the Human Rights and Neighborhood Involvement Office 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |HRNI@ci.eugene.or.us | www.eugene-or.gov/HRC  City of Eugene Human Rights Commission Draft Resolution in Support of Black Lives Matter Passed unanimously by the Eugene Human Rights Commission, June 16, 2020, with a recommendation to the Eugene City Council for their consideration and adoption WHEREAS, Minnesota resident Mr. George Floyd was murdered in the custody of police in Minneapolis on May 25, 2020, in an action of gross police misconduct; and WHEREAS, police officers across the United States, including in the City of Eugene, have displayed and used a militarized police force, including the use of urban assault vehicles, SWAT gear, teargas, and rubber bullets, which has the effect of intimidating and terrorizing the population; and WHEREAS, the United States of America, the State of Oregon, and the City of Eugene have a long and storied history of institutional racism, oppression, discrimination, and mistreatment of Black Americans, Native Americans, other Indigenous peoples relocated to the United States, and other persons of color, which includes the use of police force; and WHEREAS , thousands of citizens of the City of Eugene have expressed opposition to police misconduct against Black Americans, other persons of color, and against brutal police enforcement practices; and WHEREAS, police officers across the United States, including in the City of Eugene, have engaged in deliberate acts of force against peaceful demonstrators, protesters, and journalists during recent protests; and WHEREAS , the Eugene Police Department (EPD) has used tear gas against demonstrators and protesters, which is known to be dangerous to public health, especially during a pulmonary disease pandemic, and which has caused injury to protesters and non-protesting bystanders; and WHEREAS , EPD has implemented and expanded curfews, sometimes with little notice, which disproportionately affect members of marginalized communities who work late hours, could not get to a safe place in time, and often depend on public transportation, which shuts down during a curfew; and WHEREAS, EPD has arrested and detained protesters for low-level crimes, increasing the risk of transmission of COVID-19; and WHEREAS, outside agitators and provocateurs across the United States, including in the City of Eugene, many of them affiliated with right-wing, white nationalist, or extreme-left groups, are known to have perpetrated crimes and violence against police, against protesters, and/or against public and private property; and WHEREAS, a 2006 report of the Federal Bureau of Investigation warned of the potential 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |HRNI@ci.eugene.or.us | www.eugene-or.gov/HRC  City of Eugene Human Rights Commission consequences of white supremacist groups infiltrating local and state law enforcement agencies; and WHEREAS, police employee unions across the country, including in the City of Eugene, have wielded undue influence over police budgets and policies, have inhibited community-led police reforms, and have protected police officers who have been charged with misconduct; and WHEREAS, the protection of civil liberties under the U.S. Constitution, the Oregon Constitution, and the ordinances and policies of the City of Eugene, especially the right to peaceful assembly and protest, is essential to a well-functioning democracy; and WHEREAS, the EPD has recognized the need for reforms and has begun to reach out to marginalized communities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. The Eugene City Council expresses solidarity with and support for Black Lives Matter and for racial justice protesters in Eugene; and Section 2. The Eugene City Council further commits to policies that lead to immediate implementation of significant use of force reforms in the Eugene Police Department, including an immediate ban on the use of the following crowd control weapons against protesters: Chemical Irritants, KIPs (Kinetic Impact Projectiles), Water Cannons, Acoustic Weapons, Directed Energy Devices, Disorientation Devices Section 3. The Eugene City Council further strongly commits to a fundamental redesign of the role, structure, and funding of policing in Eugene, developed in conjunction with community partners, especially from communities historically targeted by the police. This redesign includes reallocating funds away from the Eugene Police Department and toward a community-centered health and safety model, in order to make public safety more effective, more accountable, and fully equitable for all members of our community. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |HRNI@ci.eugene.or.us | www.eugene-or.gov/HRC  City of Eugene Human Rights Commission Summary of Human Rights Commission listening session with organizations representing communities of color on July 08, 2020. Note: A video recording of the entire listening session is available here: https://www.youtube.com/watch?v=0CwVc3lPuDc Addresses and demands by representative of select organizations NAACP Needs to hear from young leaders and engage them in changing our institutions to eliminate race-based discrimination. BIPOC Liberation Collective Anecdote, why we stand by what we stand by. Unidentified driver almost hit unhoused people and people assisting them with the move. Police sat idly while waiting for City crews to start removing the camp. Police ignored people’s request to give more time for tents to be removed. Tickets were given for people who were not ready to move. This is criminalization of poverty. A bulldozer destroyed and removed unhoused people’s property. A female police officers tried to engage with organizer (who lives two blocks from camp) and questioned if organizer would like unhoused people to live in his backyard. Asks for defunding and abolishing police in favor of social services. Until then, exploitation of women and BIPOC people will continue. Demands: Intentional negligence of protection and safety of some communities. Council did not adopt public comments and decided to focus on Community Safety Initiative. Council decided not to fund prevention care services, harm reduction, mental health, and housing. Asks for CSI funds to be directed towards social services: Dusk to dawn, libraries, ambulance transportation, payroll tax implementation, day center, parking places, rest stop, youth inclusion. Until there is an effective way to show how police would use those funds to benefit community. UO BIPOC students – Not present Black Unity Systematic reform of criminal system and law enforcement. Dismantling EPD and building a new prevention and protective system to take its place. Due to high numbers of hate crimes, asks for state to codify hate crimes and to recognize KKK and its members as terrorists. Increase funding of community center and medical services. Establish a clinic to service minorities. Increase funding to CAHOOTS’ operating budget. Demilitarization of EPD with removal of tear gas, tanks, armored vehicle and impact weapons. Officers should not use more equipment than doctors and EMS workers. End racial bias. Requires all EPD officers to reapply for a license and require release of police records, including bias crimes. Increase ratio of provider and social workers 1/5000 residents, Decrease ratio of police to 1 officer per 1000 residents. Requires documentation when a COP pulls a gun. Wants Eugene to become a model for the US. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |HRNI@ci.eugene.or.us | www.eugene-or.gov/HRC  City of Eugene Human Rights Commission Legislation outlawing broken windows policies. Resources generated to be used for improving communities. Medical center designed and run by people of color. Create safe spaces in conjunction with neighborhood policing. Utilize social services instead of militarization. Link funding to decrease in offenses. More social services in poor neighborhoods. Engagement with white people in support fo changes. Hold politicians accountable to their promises. Blacks In Government - BIG Denounces institutional racism in Eugene. Asks for people of color and allies to occupy positions of power and implement changes. BIG is about equity, excellence and opportunity. The problem is not police training. The problem is hate and racism. Defunding police will not help. Instead, increase accountability and get rid of bad apples. Asks for all communities of color and white allies to unite in support of marginalized people. BLAC – Black-Led Action Coalition Asks for the abolishment of police and prisons as institution that perpetuates systemic racism. Goal is black liberation. Liberation cannot be negotiated with modern-day slave control institutions. Defund police and direct funds to de-escalation teams and school districts. Increase CAHOOTS fund to be equivalent to EPD’s in relation to calls served. Demilitarize EPD. Full equity review of Lane county school districts curriculum. Increase support services to students from marginalized communities. Do you feel confident representing everyone in the community? How do you represent those that are marginalized and brutalized? If you are an equitable force, how do you show up for the community? Public comments Andy Darnall – Reading statement from Black, Jewish no-man. Accuses EPD of harassment and intimidation. Accuses Christopher Drum of stalking and rape. Makes false accusation regarding Eliborio Rodriguez intent to sue the City of Eugene Police. Accuses HRC of not representing the community and its legitimacy. Letter ends with expletives. Jen Smith – Member of group supporting Tre Stewart. Tre livestreams protests with thousands of viewers. Petitions are signed by hundreds. Supports demands from BLAC, Black Unity, BIPOC Collective. Supports dismantling and defunding police. Has seen police violence against protesters since 1997. Asks for more support for unhoused people and safe place for them to stay until they get back into stable housing. Asks City to funds homelessness services. Rachel Hammick – New to Eugene, had a talk with Mayor Vinis, learned about Eugene’ government structure. Housing , Education and health care are run by county. Asks HRC to request transfer of social services from county to City. Asks council to rewrite charter to change how local government is run. Silver Mogart – Speaking on behalf of LULAC. Supports the BLM movement. Appreciates some steps in terms of police changes. Listen names and cases of police violence involving Latino people around the country. City’s task force to address racism. Asks that EPD, CRB, and HRC have members in the task force. Racism is real in Eugene. Asks HRC to press City on the creation of the task force to address issues BIPOC are facing. Maya Wagner – Moved from Israel to Eugene in 2006. Family members have been harassed by White supremacists. BIPOC people have stood up for her and now she wants to stand up for them. Asks for 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |HRNI@ci.eugene.or.us | www.eugene-or.gov/HRC  City of Eugene Human Rights Commission more funding to CAHOOTS and other social services, Asks EPD to protect peaceful protesters. Asks for justice to Isiah Wagoner. Some businesses are welcoming to marginalized people. Asks for clinics in schools to be available to the community instead of SROs that are unfit for that job. Demand schools to teach history of oppression. Gracie Schatz – Started petition to defund EPD and reallocate 30% of funds to CAHOOTS. 12,000+ have signed. Learned about EPD officers who sexually assaulted women in the community. Learned the Police Auditor was fired due to being too anti-police. New auditor was hired for being friendlier to police. Officers are not accountable to failure to comply with policies. Officer who killed Eliborio Rodrigues was not found to failed to deescalate the situation. Defunding would make police angry and cause more distrust in the community. The answer is looking to what would prevent crime, listening to people of color, and provide more housing. Everyone is looking to Eugene and CAHOOTS. We can do more. What about a homelessness center with job training and other support services? Zondie Zinke – Receive letter from Mayor Vinis suggesting that she house people in her backyard. Since them, has add several people camping in their property. COE is charging 2,000/day in fines if they don’t remove tents from the planting street and front yard. Supports BIPOC call for police abolition. Mentions assault at Black, no-man on May31 at High Street and Eight Avenue. Travis Cannon, the driver, has not been charged. Don’t believe police would protect certain people. Police refused to take her statement. Two vehicular assaults against protesters so far. Police is not an ally. Abolition is the only way. Matthew Yook – Appreciation of the idea that BIPOC voices must be included in the conversation about community safety and health. Reflects on history of oppression. Speaks to Asians being targeted due to COVID-19. Asks for more accountability and representation at HRC, CRB, Police Commission. Comments on high expenses to police officers onboarding. Asks for more funding to social services. Please keep reaching out and know that people are watching. Inno – Black leadership team. Speaks about Isiah Wagoner case. Disputes that Travis Waleri called Police and turned himself in. That happens only after protesters found and stood by his apartment. Officers with automatic rifles questioned him and friends. They are white. How would that be if they were people of color? Chelsea Swift – Honors intersections in this work. Speaks of working with EUG Black, BIPOC Collective, and Black Unity recently. Asks people to join in critique and conversation and add to the solution. Commissioners remarks 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |HRNI@ci.eugene.or.us | www.eugene-or.gov/HRC  City of Eugene Human Rights Commission Summary of Human Rights Commission planning retreat on August 15, 2020 Note: A video recording of this planning retreat is available here: https://www.youtube.com/channel/UCW7SKwh_GECGWtH2iPeEaPA/videos Liaisons to boards and commissions The approved liaison assignments are available as an attachment to this document. Work group assignments WeCU – Leads: Bonnie Souza and DB. Supporting leads: Ibrahim Coulibaly, Ib Hamide H&P – Lead: Heather Sielicki. Supporting leads: Amanda McCluskey, and Kirstin London Advisory – Lead: Joel Iboa. Supporting leads: Amanda McCluskey, Ibrahim Coulibaly, Kirstin London, Daniel Borson Education - Lead: Amanda McCluskey, Heather Sielick, Rick Guerra, Ibrahim Coulibaly, Serena Markstrom (NEW)Economic opportunity – Lead: Joel Iboa. Supporting leads: Ibrahim Coulibaly, Daniel Borson, Heather Sielicki, Kirstin London Draft HRC work plan The HRC discussed 22 proposals with the respective assignments to work groups and HRC goals. A committee formed by Daniel Borson, Bonnie Souza, Amanda McCluskey and Heather Sielicki met to work with staff to revise the wording of the proposals and prepare the document the HRC will discuss and vote on at the September 15 meeting. Note: The committee met on 9/2/2020 and the revised version of the draft work plan, which is attached. 99 W. 10th Avenue, Suite 116, Eugene, OR 97401 541.682.5177 |HRNI@ci.eugene.or.us | www.eugene-or.gov/HRC Where Can People Go? City of Eugene Homeless Services Immediate Policy Recommendations “For those of us working on policies that intersect with re-opening and law enforcement, we can make public our commitment to establishing policies that don’t create more harm.” - Oregon Public Health Association In the past three months, social distancing measures have left us with only 250 shelter beds for the thousands of people experiencing homelessness in Lane County, 45% fewer spaces than we had at this same time last year. On Friday, the temporary respite sites that provided overflow capacity for people to shelter-in-place will close, leaving those who sought refuge there to join with the flood of newly unhoused people as residential evictions resume. Dr. Anthony Fauci, the Federal advisor on the COVID-19 pandemic, along with top epidemiologists, have stated that without a vaccine this virus will likely be with us for the next six to twelve months or more. The CDC clearly recommends that the unhoused need sanctioned places to shelter in small social distancing groups. Lane County has a population of 4,100 unhoused people. Research estimates that up to 40% of people experiencing homelessness could be infected during the peak of the COVID-19 epidemic without efforts to prevent the spread of this disease. The City and County have expended significant time and money responding to unhoused complaints: citing, arresting, adjudicating, and jailing the unhoused because they do not have the resources to maintain shelter, sanitation, or garbage disposal. Penalizing people for having nowhere to go has tremendous costs, both to the unhoused individuals and the community at large. Whether intentional or not, punitive measures against people who are unhoused create additional, often insurmountable barriers for people to access housing and employment. The accumulation of debt from unpaid fines, which adversely impacts credit scores, along with outstanding warrants and/or jail time traps people in a cycle of homelessness that becomes increasingly difficult to overcome. The mere threat of a citation takes a significant toll as well. This fear, along with frequent move-along orders force people into more remote, less secure settings where the risk of being a victim of a crime increases, and the constant fear of being a victim poses detrimental health risks. In addition, maintaining the current system is very expensive, it is far less costly on communities for people to have housing. Policing the homeless for their mere status of being unhoused overcrowds our court system and our jails and diverts much-needed resources away from addressing crime that is a real threat to public safety. With limited resources, preventing noncriminal interactions with the police should be a priority. The immediate recommendations below are proposed short-term policy changes to minimize the risk of spreading COVID-19 and until additional temporary sheltering locations have been established. This is in the best interests of all citizens of Eugene, housed and unhoused. Recommendation 1. Define places where sheltering in place, including sheltering in a vehicle, is prohibited at all times, such as residential areas, within 15 feet of building entrances and the Downtown Activity Zone (other cities have enacted similar measures). City of Eugene Homeless Services Policy Recommendations - 1 Recommendation 2. City Council should direct law enforcement to follow CDC guidance and not disperse existing temporary shelters to other locations as long as there are no violations such as private property trespass or other criminal behavior, and the site does not pose a significant health and safety risk that outweighs the need for individuals to shelter in place. It is important to note that there are several examples around the country of cities that modified their enforcement practices in the past few years with respect to laws that disproportionately impact the unhoused, including practices to minimize closure of encampments until viable shelter or housing becomes available. Establish guidelines for people in unsanctioned sites to protect health and safety and to reduce the need for law enforcement to shut down a temporary shelter site. It must be clearly communicated that unsanctioned camping is a violation of Eugene Code 4.815, Prohibited Camping, and therefore the site could be closed by EPD at any time. The purpose of these guidelines is to give individuals concrete information to help them maintain a healthy, safe living situation that does not interfere with surrounding residents and businesses. Recommendation 3. Establish an alternative dispatch system to using law enforcement when a complaint only involves prohibited camping and there is no threat to public safety or crisis response necessary. Instead of directing callers to the Eugene Police Department’s non-emergency line or Public Works, create a “One Point of Contact” type reporting system available online or by phone staffed by trained information and referral specialists (possibly managed by designated nonprofit) to assess resource needs, track interactions, and provide follow up communication. Supporting groups might include adequately trained service-based nonprofits, faith organizations, businesses, or neighborhood associations. Recommendation 4. Require non-EPD sworn officers as the first responders when a complaint only involves prohibited camping and there is no threat to public safety (in addition to the City’s outreach team, this could involve CSO’s and possibly designated nonprofits). This would reduce EPD’s expenses and is more likely to result in a positive outcome with the unhoused. Partnerships with security agencies could provide support when problems occur to assist support teams and divert the need for police involvement. Supporting groups to serve as responders could include service-based nonprofits, faith organizations, businesses, and neighborhood associations. In Support: Service Providers Laurie Hauber, Staff Attorney, Oregon Law Center/Lane County Legal Aid Heather Sielicki, White Bird Clinic Operations Coordinator Alex Farmer, White Bird Clinic Front Rooms Program Coordinator Benjamin Brubaker, White Bird Clinic Executive Director Chris Hecht, White Bird Clinic Executive Director City of Eugene Homeless Services Policy Recommendations - 2 Priscilla Gould, Chair PacificSource Foundation for Community Health and Retired United Way of Lane County Executive Director Dan Bryant, SquareOne Villages Kirstin London, Human Rights Commission Wayne Martin, Nightingale, House Everyone, and pastor Amanda Hampton, Looking Glass Rural Program Supervisor Amanda Hampton, Program Supervisor, Looking Glass Rural Program Carrie Copeland, Community Supported Shelters Board Secretary Terry McDonald, Executive Director, St. Vincent De Paul Mike Yoshioka, St. Vincent de Paul of Lane County Youth and Family Services Manager Elaine Walters, Trauma Healing Project Paul Solomon, Sponsors Executive Director Laura Johnson, Sponsors Director of Program Development and Amazon Neighbors Michelle Hankes, ShelterCare Executive Director Sheryl Balthrop, Eugene Mission Executive Director Faith Community Rabbi Ruhi Sophia Motzkin Rubenstein, Temple Beth Israel Ruba Byrd, Pastor, Eugene Friends Church Businesses Nick Ciufo, President, Tao Gardens Dan Issacson, CEO, Nakd Farms Neighborhood Associations Jefferson Westside Neighbors Friendly Area Neighbors South Hills Neighbors Association Southeast Neighbors South University Neighbors Association Neighborhood Association Board Members Anne Millhollen, Chair, Neighborhood Leaders Council Committee on Housing and Homelessness and North East Neighbors, East Area (1) Representative John Faville, Northeast Neighbors, Board Member David Saul, South Eugene Neighbors, Board member Ian Winbrock, Co-Chair, Neighborhood Leaders Council, At-large board member, Whitaker Community Council Kara Steffensen, Chair of Amazon Neighbors Association Melissa Takush, Board Member and Social Media Manager, Amazon Neighbors Association Rachael Latimer, Board Member, Amazon Neighbors Association Tom Peck, Board Member, Friendly Area Neighbors Residents City of Eugene Homeless Services Policy Recommendations - 3 Steve Piercy, Co-Chair, Friendly Area Neighbors Transportation Committee Branden B. Johnson, resident of Eugene, JWN, and Ward 1 for the past 7 years Richard Self aka Sam Broadway KEPW Newsday, Eugene Debbie Hebert, South Eugene Neighbors Jay Mosely, JWN and Westside Shelter Search Team David Huffman, Jefferson Westside Neighbors Stephanie J. Coopman, Jefferson Westside Neighbors Nancy Hafner, Jefferson Westside Neighbors Chris O’Neil, Jefferson Westside Neighbors Paul and Peggy Boudin, Jefferson Westside Neighbors Vanessa Wheeler, Jefferson Westside Neighbors Derek Lamson With Caveats Lane Independent Living Alliance: LILA supports the recommendations, but we ask for specific wording "accessible sites" as this is essential for people who experience disability. City of Eugene Homeless Services Policy Recommendations - 4  NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY June 8, 2020 Mayor Lucy Vinis, lvinis@eugene-or.gov City Council of Eugene, http://www.eugene-or.gov/ City Manager Pro Tem Sarah Medary, smedary@eugene-or.gov Via email Dear Mayor, City Council, and City Manager, regarding the closure of temporary shelter facilities for people experiencing homelessness in Eugene, OR during the COVID-19 crisis, the lack of individual housing options for the 50+ residents of these facilities, and the enforcement of anti-camping ordinances against people experiencing homelessness during the COVID-19 crisis. We call for the city to provide immediate individual housing units for people experiencing homelessness for the duration of the pandemic, or, in the alternative, to ensure safe, legal places where people can shelter in place with access to adequate sanitation and services. As you are probably aware, the Centers for Disease Control and Prevention have issued guidance against clearing homeless encampments during the present pandemic. The CDC has also recommended to [e] homeless services during community spread of COVID- such as the overflow sites being shut down. These recommendations are designed to ensure that people experiencing homelessness are able to safely shelter-in-place without fear of punishment. Displacing encampment residents from their private tents or overflow facilities without providing individual housing units or alternative housing for those displaced will create a breeding ground for COVID-19 and rapidly increase the number of people requiring hospitalization and intensive care. The Law Center has documented more than 85 jurisdictions across the country that have placed people experiencing homelessness into individual units, primarily vacant hotel rooms, but also a number of communities working with their local universities to place people into vacant dorm rooms. Boston, for example, is housing both shelter staff and clients in dorms. Eugene could certainly look to the University of Oregon for similar partnership. Failing individual housing, the city must ensure that the former residents of the shelter facility, and all other people experiencing homelessness, have safe, legal places where they can continue to shelter in place. The CDC recommends installing hand-washing stations, portable latrines, and other sanitation services for unhoused people near the areas where they are located outside. With the passage of the federal CARES Act, which allows for reimbursement of costs already incurred in response to the COVID-19 crisis, implementing these approaches immediately is highly recommended. The Eugene for costs associated with responses to coronavirus for people experiencing homelessness, including providing individual housing units such as hotel or dorm rooms. 2000 M Street, N.W., Suite 210, WASHINGTON, DC 20036 | www.nlchp.org | PHONE: 202.638.2535 | FAX: 202.628.2737 Though congregate shelter facilties are not a substitute for providing individual housing to people experiencing homelessness especially during the COVID-19 crisis, eliminating them as a legal place for people to be without ensuring an alternative will only return Eugene to its expensive and counter- productive whack-a-mole process of chasing encampments around town while not addressing the underlying need for housing. As demonstrated by the use of the overflow shelter, people are not resistant to utilizing these services when they are appropriate for their needs. The Law Center is the only legal advocacy organization dedicated solely to ending and preventing homelessness. In 2017, we published Tent City, USA: The Growth of Homeless Encampments, and How Communities are Responding and best practices, model policies, and case studies from across the country. Additionally, since 1991, the Law Center has documented a dramatic increase in laws that criminally punish homeless people for performing harmless, life-sustaining activities in public places, as well as the negative consequences of these discriminatory measures nationwide. See National Law Center on Homelessness and Poverty, HOUSING NOT HANDCUFFS: Ending THE CRIMINALIZATION OF HOMELESSNESS IN U.S. CITIES (2019). The Law recent reports demonstrate that encampment evictions, citing, arresting, adjudicating, and jailing unhoused people all fail to address the underlying causes of homelessness. Rather than provide adequate alternatives, such enforcements of criminalization waste taxpayer resources by temporarily cycling people through the costly criminal justice system, only to have them return to the streets, now with criminal records that make it more difficult for them to access needed employment, housing, and benefits. Furthermore, numerous studies have shown that communities actually save money by providing housing and services to those in need, rather saddling them with fines, fees and arrest records and cycling them through expensive hospital and jail systems. See HOUSING NOT HANDCUFFS, supra. The Economic Roundtable of Homelessness in Los Angeles found that housing reduced average monthly spending by 41% per person, even after including the cost of providing housing. This savings included a 95% reduction in jail facilities and services costs. We all share the goal of a Eugene without homeless encampments and the best, most cost-effective, and permanent way to achieve that is to ensure that all who live in those encampments are able to access adequate, alternative housing, not criminalization. Likewise, providing people experiencing homelessness sanctioned places to shelter, especially individual housing units, is the best way to reduce the spread of COVID-19 among people experiencing homelessness. These approaches are necessary for the current crisis, but they are also the best practice for the long term, from both a public health and fiscal policy perspective. We urge you to follow the CDC recommendations as well as by ensuring the availability of 1) individual housing units or 2) clearly identifying legal places for people experiencing homelessness to self-shelter and providing services and sanitation to them in place until they are able to exit to permanent housing. This is not a matter of charity, but of public health that will not only benefit people experiencing homelessness, but the housed members of your community who will have hospital beds available to them when they need them, instead of having those beds unnecessarily occupied by people who were swept from encampments or removed from temporary shelter facilities and subjected 2000 M Street, N.W., Suite 210, WASHINGTON, DC 20036 | www.nlchp.org | PHONE: 202.638.2535 | FAX: 202.628.2737 to increased risk of infection. If Eugene would like, we would be happy to work with you to develop and implement solutions that work for everyone. Please feel free to contact me at etars@nlchp.org or 202-638- 2535 x. 120 with any questions or concerns. Sincerely, Eric S. Tars Legal Director 2000 M Street, N.W., Suite 210, WASHINGTON, DC 20036 | www.nlchp.org | PHONE: 202.638.2535 | FAX: 202.628.2737 Proposal HRC Goal - Indicate the work Indicate the goal group your your proposal proposal relates relates to to Invite different equity, civil rights and human rights group Goal 1 - Education and to present at meetings or special events on the needs of community Outreach efforts being made throughout the city. oriented National Homeless Persons' Memorial Day: 12-21-2020 Goal 1 - Homelessness and community Poverty oriented Engage culturally marginalized communities (BIPOC, LGBTQ, Goal 1 - WeCU and religious minorities) and community groups, in community coordination with staff tasked with that function, to oriented encourage the reporting of hate and bias incidents to the HRNI. Elicit feedback and document barriers to reporting. Develop and maintain relations with the EPD liaisons Goal 1 - WeCU assigned to culturally marginalized communities (BIPOC, community LGBTQ, and religious minorities). oriented Contribute to the development of the City's Goal 3 - advisory WeCU communications strategy, including the City website, social role media, etc., as it relates to culturally marginalized communities (BIPOC, LGBTQ, and religious minorities) Monitor and contribute to efforts and/or policies that assist Goal 1 - WeCU culturally marginalized communities in Eugene (BIPOC, community LGBTQ, and religious minorities). oriented Upon official request, supplement the work of the Ad Hoc Goal 3 - advisory WeCU Committee on Policing Reform by engaging members of role culturally marginalized communities (BIPOC, LGBTQ, and religious minorities) around police reform and efforts to reimagine public safety. Promote and support human rights events and efforts in Goal 1 - Education and the community community Outreach oriented Based on HRC's 2019 draft resolution on white supremacy, Goal 3 - advisory WeCU and resolution X passed by City Council, WeCU will engage role in the process to rename and removal/replacement of monuments. Engage members of culturally marginalized communities Goal 1 - WeCU (BIPOC, LGBTQ, and religious minorities), in coordination community with the city’s Multicultural Liaison, with regard to the oriented impact of the COVID-19 pandemic on their communities and document themes, trends, and needs. This would be done through on-line listening sessions, and the results compiled into a report to present to the HRC and City Council. Review the status of the recommendations in HRC's 2017 Goal 1 - WeCU Marginalized Voices Report, in light of the current state of community political, economic, and societal circumstances locally, oriented statewide and nationally. Listening session for unhoused people Goal 1 - Homelessness and community Poverty oriented Raise awareness for outcomes of Human Rights Goal 1 - Education and Commission meetings and work. community Outreach oriented Develop a strategy to increase engagement and Goal 2 - Liaison Advisory communication with City Council. The strategy will include a role plan to develop relationships with individual City Councilors. Monitor and contribute to efforts and/or policies that Goal 2 - Liaison Other or multiple impact unhoused and economic marginalized communities role groups in Eugene. Goal 3 - advisory Economic Identify needs to support long-term economic success of role Opportunity populations who experience systemic Committee economic disadvantages in business creation, access to traditional capital and wealth creation. Evaluate current economic development incentives, grants, tax breaks, technical assistance, and other supports in terms of racial justice, and provide recommendations for modifications if appropriate. Evaluate current public contracting opportunities for minority-owned and underserved businesses and develop strategies to dramatically increase them. Identify barriers to housing affordability and strategies for Goal 2 - Liaison Homelessness and ending homelessness that center role Poverty communities of color, are culturally specific and/or responsive, and result in the reduction of disparities in homelessness and rent burden among people of color in Eugene. Provide a list of identified homeownership strategies. Continue to advocate to recognize homeless people as a Goal 3 - advisory Homelessness and protected group in all relevant domestic legal frameworks. role Poverty Policies or measures that discriminate directly or indirectly against homeless people or criminalize, impose fines on or restrict homeless people or behavior associated with being homeless, such as sleeping or eating in public spaces or in vehicles should be repealed. Research and identify groups in the community, city and Goal 1 - Education and county that have overlapping goals with the HRC work plan community Outreach and goals and provide this information to the HRC so that oriented we can collaborate Engage unhoused community and community groups, to Goal 1 - Homelessness and encourage the reporting of hate and bias incidents to the community Poverty HRNI. Elicit feedback and document barriers to reporting. oriented FY 2021 - LIAISONS FROM HRC TO OTHER BOARDS, COMMITTEES OR COMMISSIONS Name of Group Description Time Commitment Commissioner(s) Community Eugene receives federal funds which are awarded to 2-hour monthly meetings typically Rick Guerra Development Block agencies that support a variety of community needs for 6 months out of the year, when Grant related to housing and other issues. During an annual they are working on funds Back up: Amanda competitive process, applicants vie for CDBG funding for distribution and McCluskey specific projects. https://www.eugene-or.gov/281/CDBG- projects. Additional meetings and Program trainings as necessary. 1-year term with possibility to serve 3 terms. Moving Ahead The Moving Ahead Transportation Panel is a collaboration Meetings as scheduled Ibrahim Coulibaly Transportation Panel of the City of Eugene and the Lane Transit District (LTD) working with the community to prioritize corridors for Back up: OPEN near-term enhancements that serve people using transit, biking, walking, and mobility devices. http://www.movingahead.org/ Vision Zero Task Force The Vision Zero Task Force will guide the Eugene Vision Meets monthly Heather Sielicki Zero Action Plan. Members will work together to guide Back up: OPEN the development of the Plan's goals, policies, actions and performance measures. https://www.eugene-or.gov/3320/Community- Engagement nd Police Commission The Police Commission mission is to recommend to the Meets monthly 2 Thursday, 5:30 – Joel Iboa (Voting) City Council, the City Manager, the Police Department, 8:30 p. This has a term of 4 years and the people, the resources, preferred policing or as long as a single commissioner Back up: Amanda alternatives, policies and citizens' responsibilities needed term - typically 3 years. McCluskey to achieve a safe community. Council Liaison City Councilor Liaison from HRC to City Council 1 year, appointed by Mayor Councilor Semple Meet with City Mayor and City Manager meet with HRC Chairs and Equity 2 hours quarterly Chair and Vice Chair Manager and Mayor and Human Rights staff nd Civilian Review Board To increase transparency and public confidence in the Meets monthly, 2 Tuesday, 3 Serena Markstrom police complaint process. We evaluate the work of the hours independent Police Auditor, from a civilian perspective, Back up: Heather about whether the complaint was handled fairly and with Sielicki due diligence. E&HR Board Help guide the work of the DESP 2-hour meetings every other Bonnie Souza month - daytime Back Up: Rick Guerra st Housing Policy Board The Intergovernmental Housing Policy Board (HPB) 1.5-hour meeting, 1 Monday of Rick Guerra reviews low-income housing issues and makes policy, the month unless it falls on a funding, and other recommendations regarding affordable holiday, then on following Friday Back Up: Amanda housing to Eugene and Lane County governments. The McCluskey mission of the HPB is to increase the availability of decent, affordable housing for low and very low-income families and individuals in Lane County. https://www.eugene-or.gov/838/Housing-Policy-Board MUPTE The MUPTE Review Panel: As needed Ibrahim Coulibaly Reviews the project applications; applicant’s conformance with the Required Public Benefits; project’s conformance Back up: Heather with approval requirements; and assists the City Manager Sielicki in preparing an Annual Report. TBL The Triple Bottom Line, or TBL, is a framework the City of As needed Daniel Borson Eugene is using to reach its sustainability goals. It’s designed to help us think about and explore the Back Up: Kirstin environmental, equity and economic impacts, benefits London and trade-offs of our decisions. Sustainability The Sustainability Commission works to create a healthy Monthly, Wednesday 5pm Daniel Borson commission community now and in the future by proposing measurable solutions to pressing environmental, social Back up: Kirstin and economic concerns to the City of Eugene, its partners London and its people. EUGENE POLICE COMMISSION AGENDA ITEM SUMMARY PepperBall Policy 804 Review Meeting Date: September 10, 2020 Staff Contact: Jeremy Cleversey Department: Eugene Police Department Contact Telephone Number: 541-682-5852 www.eugene-or.gov/policecommission JCleversey@eugene-or.gov ISSUE STATEMENT PepperBall Policy 804 was identified to be reviewed as part of the Emerging Issues Work Plan. BACKGROUND Five policies were discussed during the July 9, 2020, meeting. These policies were originally evaluated and recommended by Police Chief Chris Skinner and Policy Sergeant Kyle Williams given community concerns following the recent protest, riots, and police response. Commission leadership in support of ‘Black Lives Matter’ agreed with making these policies and procedures a starting priority and proposed them to the Police Commission on July 9, 2020. The PepperBall Policy is the most recently reviewed of those listed on the Emerging Issues Work Plan and was approved by the Police Commission on January 9, 2020. The Police Commission leadership recognizes that the Pepperball Policy was recently reviewed and there are pending investigations by the Auditor and Civilian Review Board but considering current events they feel that responsiveness is important. Emerging Issues Work Plan List Last Reviewed Policy/ Procedure Number 5/16/2001 Public Assemblies and Demonstrations 316 5/16/2001 Civil Disturbances 317 5/16/2001 Field Force 318 1/9/2020 PepperBall 804 8/4/2014 Handcuffing Control Holds and Impact Weapons 808 ATTACHMENTS: A. rBall Page 12 Page 13 Page 14 Page 15 EUGENE POLICE COMMISSION AGENDA ITEM SUMMARY Handcuffing, Control Holds and Impact Weapons Policy 808 Review Meeting Date: September 10, 2020 Staff Contact: Jeremy Cleversey Department: Eugene Police Department Contact Telephone Number: 541-682-5852 www.eugene-or.gov/policecommission JCleversey@eugene-or.gov ISSUE STATEMENT Handcuffing, Control Holds and Impact Weapons Policy 808 was identified to be reviewed as part of the Emerging Issues Work Plan. BACKGROUND Five policies were discussed during the July 9, 2020, meeting. These policies were originally evaluated and recommended by Police Chief Chris Skinner and Policy Sergeant Kyle Williams given community concerns following the recent protest, riots, and police response. Commission leadership in support of ‘Black Lives Matter’ agreed with making these policies and procedures a starting priority and proposed them to the Police Commission on July 9, 2020. Policy 808 was last updated on August 4, 2014. Emerging Issues Work Plan List Effective Date Policy/ Procedure Number 5/16/2001 Public Assemblies and Demonstrations 316 5/16/2001 Civil Disturbances 317 5/16/2001 Field Force 318 1/9/2020 PepperBall 804 8/4/2014 Handcuffing Control Holds and Impact Weapons 808 ATTACHMENTS: A. 8 Page 16 Page 17 Page 18 Page 19 Page 20