Committee on Equity, Diversity & Inclusion

Regular Meeting

Lansing, MI · July 10, 2024

Minutes

Minutes Committee on Equity, Diversity & Inclusion Wednesday, July 10, 2024 @ 4:30 p.m. City Council Conference Room CALL TO ORDER Council Member Jackson called the meeting to order at 4:30 p.m. PRESENT Council Member Jackson, Chair Council Member Pehlivanoglu, Vice-Chair Council Member Carter, Member OTHERS PRESENT Sherie Boak, Council Office Manager Lisa Hagen-Lawrence, OCA Greg Venker, OCA Terrance Frazier Byron Haskins Kim Coleman, HRCS Dir. MINUTES MOTION BY COUNCIL MEMBER PEHLIVANOGLU TO APPROVE THE MINUTES FROM JUNE 12, 2024, AS PRESENTED. MOTION CARRIED 3-0. PUBLIC COMMENT DISCUSSION/ACTION RESOLUTION – Appointment; Terrence L. Frazier; 1st Ward Member; Diversity, Equity, and Inclusion Advisory Board; Term to Expire 6/30/2025. Mr. Frazier on Lansing Community College Board member, working with MSU as a consultant in their DEI Office, working in higher education and student affairs. Mr. Frazier noted he also co- owns Sweet Encounters with his wife. Council Member Carter and Pehlivanoglu spoke in support of the appointment. Council Member Jackson noted the application, and 25 years of DEI experience, what locations. Mr. Frazier outlined multiple universities he has done his 25 years. Council Member Jackson noted 25 years ago no one was speaking on DEI and asked for his previous experiences. Mr. Frazier explained back then they were not looking at social economics diversity, multi- communities in diversity within diversity groups, over time he has been working to pull those out work on the economic and social impact and look at diversity across the board. Council Member Pehlivanoglu asked how he has worked with people in the communities with disabilities. Mr. Frazier confirmed that disabilities network at MSU report to him in his day job as well. As part of this advisory board, he hopes to look at policies and how it impacts all the residents with those decisions. Council Member Jackson noted that the role in this Board is for the whole City, and the Board does not report to Council but more to the Administration and focus on the whole City. MOTION BY COUNCIL MEMBER PEHLIVANOGLU TO APPROVE THE RESOLUTION FOR THE APPOINTMENT OF TERERNCE L FRAZIER, 1ST WARD MEMBER TO THE DIVERSITY, EQUITY AND INCLUSION ADVISORY BOARD WITH A TERM TO EXPIRE JUNE 30, 2028. MOTION CARRIED 3-0. RESOLUTION – Appointment; Byron Haskins; At Large Member, Diversity, Equity and Inclusion Advisory Board, Term to Expire 6/30/2027. Mr. Haskins first introduced himself noting he was previously on the Sustainability Board, expanding that he has been a resident since 1982 on and off. His work experience has been as a State of Michigan employee, and in 1969 he was at a boarding school that was a diversity and equity program sent up by President Kennedy. The experiences there was the beginning and from there his higher education while doing that was working as a disability examiner and trainer. From there he moved to the State MDHHS where he supervised advocates who helped disabled to get on assistance. Council Member Jackson asked if he plans to spend more time in Michigan, and Mr. Haskins confirmed they are back to be in Michigan and making an investment in Lansing. MOTION BY COUNCIL MEMBER PEHLIVANOGLU TO APPROVE THE RESOLUTION FOR THE APPPOINTMENT OF BYRON HASKINS, AT LARGE MEMBER TO THE DIVERSITY, EQUITY, INCLUSDION ADVISORY BOARD WITH A TERM TO EXPIRE JUNE 30, 2027. MOTION CARRIED 3-0. DISCUSSION - Enforcement of Human Rights Ordinance Ms. Hagen-Lawrence was asked to summarize the document. Council Member Jackson explained that at the last meeting there was a question on how to enforce the ordinance. Ms. Hagen -Lawrence stated there is case law that supports the City authority as it protects human rights. This is a criminal ordinance, but at most a civil infraction and there are other remedies outside the fines. The memo in the packet summarizes the discussion the last time. Council Member Jackson stated if anyone is discriminated against based on race, religion, ancestry, national origin, color, sex, age, height, weight, student status, marital status, familial status, veteran status, political affiliation, sexual orientation, gender identity or expression, mental or physical limitations or source of income and want to see it remedied contact the HRCS department and the information is on the City webpage. Council Member Carter noted sometimes the process is not shared, and it does seem to be straight forward. Council Member Jackson asked where people should go, and Ms. Hagen-Lawrence stated they start with the HRCS department. DISCUSSION – OCA Guidelines and Administration Discussion regarding Flags Council Member Jackson noted there has been discussion in flying the flag in City Hall and City property, recently the Pride Flag and weeks later Juneteenth. That brought the discussion on what flags could fly, where, etc. At the last meeting Mr. Venker stated that as long as the city takes official action, it is protected under government speech under resolution or Mayor’s power and not violation of Freedom of Speech. As a committee, they wanted to discuss the policy for any future requests, and there has been one for Pride Disability. July is Disability Pride month, and there is a different flag. Council Member Jackson then referenced an email from Mark Lawrence, because the Committee wanted to work with the mayor and invited the Administration to see if they could work on a policy. The Committee members recalled that at the Council meeting in June the Mayor stated he wanted to work with Council. Council Member Jackson then read the email from Mr. Lawrence: From: Lawrence, Mark <Mark.Lawrence@lansingmi.gov> Sent: Monday, July 8, 2024 8:30 AM To: Boak, Sherrie <Sherrie.Boak@lansingmi.gov> Cc: Venker, Gregory <Gregory.Venker@lansingmi.gov>; Jackson, Brian T. <BrianT.Jackson@lansingmi.gov>; Carter, Tamera <Tamera.Carter@lansingmi.gov>; Pehlivanoglu, Trini <Trini.Pehlivanoglu@lansingmi.gov>; Frayer, Shelbi <Shelbi.Frayer@lansingmi.gov> Subject: RE: City Council Committee on Equity Diversity & Inclusion - July 10, 2024 Hi Sherrie At the last meeting, Council leadership very clearly indicated that the decision rests with the Mayor and that Council should not be a part of this. As such, the Mayor is working with OCA on a policy for the flying of flags outside city hall. When the policy is complete, we will issue it and the EDI Committee will be welcome to discuss this policy and/or make any ordinance recommendations as legal and appropriate. The Mayor will certainly consider any input based on the discussion on the 10th as well. We can have someone attend committee to hear the discussion, but we’ll have nothing to share at committee at this time in terms of the policy being finalized. I’ll let you know who will be attending from our office as we get a little closer to the meeting date. Take care, Mark Lawrence Chief of Staff – Office of the Mayor City of Lansing, Mayor Andy Schor 124 W. Michigan Ave. | Lansing, MI 48933 O: 517-483-4141 Council Member Jackson noted the email it is conflicting when at Council it was stated Council and Mayor were going to work on it, but now it states only the mayor will work on it, and then go to the DEI Board. Council Member Carter asked, once the Advisory Board connects with the OCA and Mayor, there should be an opportunity to have a discussion at this Committee as well. Mr. Venker stated he spoke to the mayor and his policy is not drafted yet. Per the Mayor’s perspective, the draft is to consider flags to be flown accompanied by Council government act, does not want it to be solely in his decision, and that has not changed. The language has to protect a decision to say “no” if they want to. Council Member Pehlivanoglu asked if it is fair to say, that this would not be a streamlined process, but community members can contact Council or the Mayor. Mr. Venker stated the policy is silent to the process to apply and stepping away from an application, and if they want this, they can approach elected officials. If it comes directly to the mayor, he will probably approach Council. Council Member Pehlivanoglu asked since pending with Administration, can Council still accept requests for flying flags, or should Council advise community members they cannot move forward right now. That being said she noted there has been an informal request during public comment and via email, so in the interim what should they do. Mr. Venker stated that so far, with Council and Mayor, they have flown two flags, and if anyone has the desire to do that they can continue. Council at this time has not said “no flags”, and the mayor has not made an executive order that it cannot happen. At this time, it does not seem to be a reason that requests cannot be taken. Council Member Jackson noted they did get a verbal request and would consider putting a resolution on the July 22, 2024, council agenda from three (3) Council Members to address the request, adding that it appears this topic will not be done until the Administration responds. Council Member Carter asked about the time frame and space on the flagpole and Mr. Venker confirmed currently there are only three (3) flags on the pole in the plaza at City Hall. DISCUSSION - City Programs for City to Consider Council Member Jackson moved to the next agenda. Other No other topics. Adjourn Adjourned at 5:10 p.m. Submitted, Sherrie Boak Recording Secretary, Lansing City Council Approved by the Committee on August 14, 2024

Agenda

Packet

AGENDA Committee on Equity, Diversity & Inclusion July 10, 2024 at 4:30 PM Lansing City Hall, City Council Conference Room 124 W. Michigan Avenue, 10th Floor To provide input or ask questions on any item that is listed on the agenda, members of the public may contact the City Council at city.council@lansingmi.gov or (517) 483-4177 prior to the meeting. To view the meeting live and participate in virtual public comment: https://www.lansingmi.gov/1212/Council-Committee-Meetings Council Member Jackson, Chairperson Council Member Pehlivanoglu, Vice Chairperson Council Member Carter, Member 1. Call to Order 2. Roll Call 3. Minutes A. June 12, 2024 4. Public Comment on Agenda Items (Up to 3 Minutes) 5. Discussion/Action: B. RESOLUTION - Appointment; Terrence L. Frazier; 1st Ward member of the Diversity, Equity, and Inclusion Advisory Board; Term to Expire June 30, 2025 C. RESOLUTION - Appointment; Byron Haskins; At-Large member of the Diversity, Equity, and Inclusion Advisory Board; Term to expire June 30, 2027 D. DISCUSSION - Enforcement of a Human Rights Ordinance E. DISCUSSION - City Programs for City to Consider F. DISCUSSION - OCA Guidelines and Administration Discussion regarding Flags 6. Other 7. Adjourn Persons with disabilities who need an accommodation to fully participate in these meetings should contact the City Council Office at 517-483-4177 (TTY 711) 24 hour notice may be needed for certain accommodations. An attempt will be made to grant all reasonable accommodation requests. Page 1 of 23 Minutes Committee on Equity, Diversity & Inclusion Wednesday, June 12, 2024 @ 4:30 p.m. City Council Conference Room CALL TO ORDER Council Member Jackson called the meeting to order at 4:31 p.m. PRESENT Council Member Jackson, Chair Council Member Pehlivanoglu, Vice-Chair Council Member Carter, Member OTHERS PRESENT Sherie Boak, Council Office Manager Luna Brown Greg Venker, OCA – arrived at 4:35 p.m. MINUTES MOTION BY COUNCIL MEMBER PEHLIVANOGLU TO APPROVE THE MINUTES FROM MAY 8, 2024 AS PRESENTED. Council Member Jackson noted at the May meeting he asked Ms. Lawrence-Hagen for a memo on the ordinance that was discussed (297.13), and asked if Council staff every received the memo. Ms. Boak stated she had not. MOTION CARRIED 3-0. PUBLIC COMMENT Luna Brown asked for the Disability Pride Flag flown as well, noting it started in 2015 on the 25th anniversary of ADA passage. DISCUSSION/ACTION DISCUSSION – City Programs for Committee to Consider Council Member Jackson noted Ingham County presented in April and a spreadsheet was created and asked Committee to discuss on topics and program that could be done. Council Member Carter looked at merging duplicate entities and share the platform. She has heard there is the lack of knowledge and how to obtain the resources. They are interested not just in electronic but hard copies. Council Member Pehlivanoglu agreed there are different entities that are working in “silos”, Ingham County is working on and so is the City departments. Page 2 of 23 DRAFT Council Member Jackson read the areas; health, trainings, health policies, equal opportunity with bidding, vendors, hiring, celebrations, and task force. The County is doing criminal reform research and there has already been research done on that. Ms. Boak stated she would distribute the list to the HRCS DEI Coordinator. Council Member Carter asked when HRCS responds ask for the point of contact to bridge the City and County or other entity. DISCUSSION - FLAGS Council Member Jackson noted this is a starting point to start the discussion. For background purposes, Council Member Jackson noted there have been two requests recently for flags to be flown at City Hall and it appeared at Council had some questions. The first question Council Member Jackson asked OCA what the legality is for denying a certain flag. There are unanimously positive and inclusion that could be considered in the discussion. Council Member Carter asked about how many flags can be on a flag pole, will this be impacted. There needs to be an awareness for all people, but does not what it to appear cluttered. Mr. Venker stated there are flag code requirements on US Flags, State requirements, there is no ordinance on the City flag. From a basis physical flag, currently adding another one, and half- mast, it could be on the ground. If having more than 3 or 4 on a regular bases there should be a discussion with the Administration if there is a need for a more pole, or consider double mast to have flags on both sides of the pole. Council Member Pehlivanoglu noted the two flags recently approved with resolution, and then asked if this was the same practice in the past. Ms. Boak and Mr. Venker were not aware of any other resolutions in the past. Council Member Pehlivanoglu noted that Ann Arbor recently flew an extra flag, but after researching their ordinances or resolution could not find anything. Mr. Venker spoke on the legality of someone asking to fly a flag and the City says no, it is an area of changing law. For a period of time there is government speech; government can say things- protected speech, including putting up signs and flags, the government is stating their support and if someone complains about it, the City is protected. There are messages in the nation, and some cities can say they like and do not like, but a case in 2022 in Boston before the Supreme Court, the problem was there were three poles, and for year there was an application process. It became a problem when there was an issue of separation of church and state, and then was sued for view point discrimination. The supreme court told them they could not say no. With the recent resolutions at the City, it was encouraged a two step; a resolution from Council adopting the flag and recommending the Mayor to put up the flag. Then the Mayor can always say no, but at the 6/10/2024 Council meeting the Mayor stated if Council adopted a resolution that approved the flying of the flag he would do it. That would have all the elected officers on the same page and it would be government speech. If the City does not approve with a view point of a request, they can defend that it is government view point/government speech. Mr. Venker acknowledged he likes the two steps, but heard the concern of Council, and the Mayor as well, and he could determine with research on if the flag can be thrown. Council Member Pehlivanoglu stated Mayor could come up with a criteria, but can this Committee work with OCA on a criteria for any requests in the future. This would have points that have to be met, so Council can look at that criteria when approached to make sure they are aware if it meets the criteria before bringing forward to the rest of Council for consideration. Mr. Venker stated OCA could do that, as a threshold, but the policy should not be hard and fast so Page 3 of 23 DRAFT that Council could say no at the end of the process. Even with a policy they cannot bind themselves or other Council to vote a certain way. Council Member Jackson acknowledged the statement of it being legal, and was positive with that. Mr. Venker stated it is government speech and resolution would speak to that. Council Member Jackson asked OCA to have guidelines to review on the July 10th agenda to keep the discussion going. Currently an entity has to approach a Council Member to support and write a resolution before bringing to Council. Council Member Pehlivanoglu asked for an interest in having more flag poles. Council Member Carter was encouraged with the guidelines for the next meeting, and then asked for the option written as well for only an Administration process. Mr. Venker stated he spoke to the Mayor and he has already started to formulate what he would do on only his end, and would research other governmental bodies to see what they are doing. He encouraged the Committee to speak to the Mayor. Council Member Jackson asked for Council staff to invite the Administration to the next meeting. Mr. Venker asked for any of their “words”, “ideas” to compile. Other No other topics. Adjourn Adjourned at 5:06 p.m. Submitted, Sherrie Boak Recording Secretary, Lansing City Council Approved by the Committee on Page 4 of 23 Application for Appointment to Board or Commission 05/29/2024 3:02 PM (EDT) Application for Appointment to Board or Commission Thank you for your interest in serving on a Lansing Board, Commission, or Committee. Certain boards, commissions, or committees require appointees to be a registered elector in the City of Lansing Charter Section 2-102) and be a resident of Lansing for one year prior to taking office ( Charter Section 2-102). Appointees to every board, commission, or committee must not be in default to the City at the time of taking office Charter Section 2-103. 2) and not have been convicted, within 20 years of taking office, of a violation of the election laws of the City of Lansing, State of Michigan, or the United States; a violation of public trust; or any felony ( Charter Section 2-103. 1). Lansing City Charter, Section 5-104, Ineligibility For Boards, restricts certain City employee activities on some boards: No person holding another City office or activity employed by the City shall be eligible to be a voting member on any board." Date 05/15/2024 First Name Terrence Middle Lanier Last Name Frazier Other name( s) by which you have Terry been known, including maiden names Date of Birth 04/03/1975 Home Address 2400 Tulane Dr City Lansing State Michigan Zip Code 48912 Email tfrazier93@gmail. com Gender Male https:// Neighborhoods Ward Map and type in your address to find If you don' t know which ward you live in, visit the Lansing out! www.lansingmi.gov/521/ Where-Do-I-Live-in-Lansing Page 5 of 23 Page 1/3 Ward Ward 1 Precinct 3rd Precinct Best Phone Number to Contact 7652285061 You In what year did you move to 2015 Lansing? Additional Information Regarding I currently sit on the Lansing Community College Board of Trustee and the Cole Experience and Credentials Academy Board in Lansing MI. I am the Chair of the Black Alumni Reunion 2025 for Ohio University. I have over 25 years of DEI experience including serving as the Special Assistant to the Chief Diversity Officer for Michigan State University. I current consult for Michigan State' s Institutional Diversity and Inclusion Office on strategic planning. I have leadership training from such organizations as the National Inclusive Excellence Leadership Academy, Association of Title IX Administrators, Harvad Graduate School of Education - Management Development Program just to name a few. Occupational Background 25 years working in DEI and Student Affairs in higher education. Co- owner and Chief Growth Officer for Sweet Encounter Bakery Cafe in Lansing MI Educational Background Iowa State University - Ph.D. in Educational Leadership and Policy Studies Ohio University - Masters in Higher Education Ohio University - Bachelor of Science in Elementary Education Previous Appointments N/A Current Appointments N/A First Choice for Board to Serve on Diversity, Equity, & Inclusion ( DEI) Advisory Board Please comment briefly on why I am committed to making Lansing a more inclusive place for future generations. I you wish to serve on a particular have two young daughters and I want them to always be proud to have been board or commission. Please be raised in 517. I will do this by prioritizing social and economic equity and specific as to your goals and advocating for a more just and fair community where everyone can thrive. I plan to ideas about how you wish to focus on dismantling barriers within the city policies and processes that are contribute to the work of the board locking out our most vulnerable citizens from fully enjoying all that Lansing has to or commission. offer. I have the desire to integrate DEI principles into the city' s strategic plan as a forward- thinking approach to governance. I have always been highly engaged with DEI work and this dedication I want to share with the City of Lansing by being part of the DEI Advisory Board by creating a more welcoming environment for all residents. This certification is not required but may impact potential consideration of the appointment being sought. I authorize the use of the information provided above to conduct a background search, including but not limited to criminal history, residency, and indebtedness to the City of Lansing. If selected to serve, I further authorize additional background checks during the term of my service to ensure the required criteria continue to be met. I also acknowledge that I have the affirmative duty to inform the City if I become aware of any change or condition in my status that fails to meet the required criteria. Agreement to Background Check I agree Authorization Page 6 of 23 Page 2/3 Please type your name in this box Terrence Lanier Frazier to signify that you can serve on a board or commission and the information in this application is accurate to the best of your knowledge. Date & Time 05/15/2024 12:00 PM ( EDT) Receive an email copy of this Yes form. Page 7 of 23 Page 3/3 BY THE COMMITTEE ON EQUITY DIVERSITY & INCLUSION RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, the Mayor has made the appointment of Terrence Lanier Frazier as the 1st Ward member of the Diversity, Equity, and Inclusion Advisory Board for a term to expire June 30, 2025; and WHEREAS, the Mayor’s office has confirmed with this resolution that they have vetted the applicant based on the original application and believes that the applicant meets the qualifications as required by the City Charter; and WHEREAS, the Committee on Equity Diversity and Inclusion met on July 10, 2024 and took affirmative action. NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, confirms the appointment of Terrence Lanier Frazier as the 1st Ward member of the Diversity, Equity, and Inclusion Advisory Board for a term to expire June 30, 2025. Page 8 of 23 Application for Appointment to Board or Commission 02/28/2024 8:10 AM (EST) Application for Appointment to Board or Comm ission Thank you for your interest in serving on a Lansing Board, Commission, or Committee. Certain boards, commissions, or committees require appointees to be a registered elector in the City of Lansing Charter Section 2- 102) and be a resident of Lansing for one year prior to taking office ( Charter Section 2-102). Appointees to every board, commission, or committee must not be in default to the City at the time of taking office Charter Section 2- 103. 2) and not have been convicted, within 20 years of taking office, of a violation of the election laws of the City of Lansing, State of Michigan, or the United States; a violation of public trust; or any felony ( Charter Section 2-103. 1). Lansing City Charter, Section 5- 104, Ineligibility For Boards, restricts certain City employee activities on some boards: " No person holding another City office or activity employed by the City shall be eligible to be a voting member on any board." Date 02/28/2024 First Name Byron Last Name Haskins Date of Birth 09/21/1954 Home Address 1709 Moores River Drive Zip Code 48910 Email byrohask@gmail. com Gender Male https:// Neighborhoods Ward Map and type in your address to If you don' t know which ward you live in, visit the Lansing find out! neighborhoods.lansingmi.gov/ 503/Where-do-I-live-in-Lansing Ward Ward 4 Precinct 33 Best Phone Number to Contact 517- 775- 0140 You Page 1/3 Page 9 of 23 In what year did you move to 1981- 1983, 1999- 2002, 2005- present Lansing? Additional Information Regarding Currently serving on Ingham County Board of Canvassers, term ending 2027. Experience and Credentials Occupational Background Civil service career with Michigan State Government 1979- 2010 primarily in Disability Determination Service, in Lansing and Kalamazoo, followed by Federal Service 2010- 2016 with the Social Security Administration at Program and Policy headquarters work in Baltimore, Maryland. See my LinkedIn profile for details: https:// www. linkedin. com/ in/byron- haskins/ Educational Background Wesleyan University: Bachelor of Arts ( B.A.), Liberal Arts and Sciences University of Michigan: Master of Arts ( M. A.), General Psychology Western Michigan University: Master of Arts ( M. A.), Counseling Psychology Previous Appointments Previously served on Mayor’ s Advisory Commision on Sustainability. Current Appointments None First Choice for Board to Serve Diversity, Equity, & Inclusion ( DEI) Advisory Board on Please comment briefly on why To contribute to thoughtful consideration of community diversity issues in you wish to serve on a particular relation to city policy, drawing on my background of disability programs board or commission. Please be administration and training. specific as to your goals and ideas about how you wish to contribute to the work of the board or commission. Qualifications and Eligibility – At N/A this time, if you do not meet one or more of the qualifications or eligibility requirements listed at the top, please state here the requirement to be met and explain how you will be qualified or eligible before you would be sworn in to an appointed office. This certification is not required but may impact potential consideration of the appointment being sought. I authorize the use of the information provided above to conduct a background search, including but not limited to criminal history, residency, and indebtedness to the City of Lansing. If selected to serve, I further authorize additional background checks during the term of my service to ensure the required criteria continue to be met. I also acknowledge that I have the affirmative duty to inform the City if I become aware of any change or condition in my status that fails to meet the required criteria. Agreement to Background Check I agree Authorization Please type your name in this Byron Haskins box to signify that you can serve on a board or commission and the information in this application is accurate to the best of your knowledge. Page 2/3 Page 10 of 23 Date & Time 02/ 28/ 2024 8:10 AM ( EST ) Receive an email copy of this Yes form. Page 3/3 Page 11 of 23 Richmond, Renee To: Boak, Sherrie Subject: RE: Byron Haskins From: Hetke, Veronica < Veronica. Hetke@lansingmi. gov> Sent: Wednesday, June 26, 2024 9:22:16 AM To: Boak, Sherrie < Sherrie. Boak@lansingmi. gov> Cc: Lawrence, Mark <Mark.Lawrence@lansingmi. gov> Subject: FW: Byron Haskins Hello Sherrie, Here is the latest vetting notice for Byron Haskins. Thank you, Veronica Hetke Scheduling Coordinator City of Lansing – Office of Mayor Andy Schor 124 W. Michigan Ave. | Lansing, MI 48933 O: 517-483-4587 | C: 517-290-9398 | E: Veronica. Hetke@lansingmi. gov Website | Facebook | Twitter | Instagram From: Diller, Melissa <Melissa. Diller@lansingmi. gov> Sent: Wednesday, June 12, 2024 6:24 AM To: Hetke, Veronica < Veronica. Hetke@lansingmi. gov> Cc: Thomas, Crystal < Crystal. Thomas@lansingmi. gov> Subject: RE: Byron Haskins Byron Haskin – Approved. I do have him on my list as being completed February 29th. Sorry about that, maybe I forgot to send the email. Thank You Melissa Diller Income Tax Examiner – Compliance City of Lansing – Income Tax & Treasury Department 124 W. Michigan Ave. 1st Floor | Lansing, MI 48933 Office: 517- 483-4123 | Email: Melissa. Diller@lansingmi. gov Website | Facebook | Twitter | Instagram 1 Page 12 of 23 The content of this email is confidential and intended for the recipient specified in the message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message in error, please reply to this message and follow with its deletion, so that we can ensure such an error does not occur in the future. From: Hetke, Veronica < Veronica. Hetke@lansingmi. gov> Sent: Tuesday, June 11, 2024 3:54 PM To: Diller, Melissa < Melissa. Diller@lansingmi. gov> Subject: Byron Haskins Hello Mellissa, Could you please send me the official status of Byron Haskins? I know he was vetted a while back, but I would like to have an updated status to send to Council for his appointment. Thank you! Veronica Hetke Scheduling Coordinator City of Lansing – Office of Mayor Andy Schor 124 W. Michigan Ave. | Lansing, MI 48933 O: 517-483-4587 | C: 517-290-9398 | E: Veronica. Hetke@lansingmi. gov Website | Facebook | Twitter | Instagram 2 Page 13 of 23 BY THE COMMITTEE ON EQUITY DIVERSITY & INCLUSION RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, the Mayor has made the recommendation for appointment of Byron Haskins as an At-Large member of the Diversity, Equity, and Inclusion Advisory Board for a term to expire June 30, 2027; and WHEREAS, the Mayor’s office has confirmed with this resolution that they have vetted the applicant based on the original application and believes that the applicant meets the qualifications as required by the City Charter; and WHEREAS, the Committee on Equity Diversity & Inclusion met on July 10, 2024 and took affirmative action. NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, confirms the appointment Byron Haskins as an At-Large member of the Diversity, Equity, and Inclusion Advisory Board for a term to expire June 30, 2027. Page 14 of 23 City of Lansing OFFICE OF THE CITY ATTORNEY Gregory S. Venker, Interim City Attorney To: Committee on Equity, Diversity, and Inclusion From: Office of the City Attorney Re: Enforcement of Human Rights Ordinance Date: 07/01/2024 QUESTION PRESENTED What is the underlying enforceability of the Human Rights ordinance as it pertains to the various remedies contained in the ordinance, especially as it relates to private businesses and private individuals? SHORT ANSWER The City has the authority to enact and enforce its Human Rights ordinance as it pertains to private businesses and private individuals. Following the investigation and findings, there are several remedies outlined in the ordinance, including remedial actions, possible conciliatory agreements, or a civil infraction violation.1 AUTHORITY US CONST. AMEND. XIV; MI CONST. art I § 2 sec. 2; MI CONST. art VII § 22; 42 U.S.C.A. § 2000; Age Discrimination in Employment Act of 1967 (ADEA), PUB. L. 90-202 (DEC. 15, 1967); 29 U.S.C.A. § 602; M.C.L. 117.4(i)(j)-(k); LANSING, MI, CODE OF ORS., Part 2, Title 12, Chapter 297 Human Rights, §§ 297.01–297.16 (2006). CASE LAW Corrente v. St. Joseph’s Hospital and Health Center, 730 F. Supp. 493 (1990); Carey v. New York Gaslight Club, Inc., 598 F. 2d. 1253 (1979); Blum v. Yaretsky, 457 U.S. 911 (1982); Adams v. Vandemarks, 855 F. 2d. 312 (6th Cir. 1998); J.F. Cavanaugh & Co. v. City of Detroit, 126 Mich App 627 (1983); New York State Club Ass’n v. City of New York, 487 U.S. 1 (1988); People v. Sell , 310 Mich 305 (1945); People v. Llewellyn, 401 Mich 314, 322 (1977), cert denied, 435 U.S. 1008 (1978); Neoy v. Saginaw, 271 Mich 595 (1935); Walsh v. River Rouge, 385 Mich 623 (1971); Grand Haven v. Grocer’s Co-op Daily Co., 330 Mich 694, 702 (1951); Detroit v. Qualls, 434 Mich 340 (1990); Miller v. Fabius Township Board, 366 Mich 250 (1962); National Amusement Co. v. Johnson, 270 Mich 613 (1935). 1 If it is a first violation, the party will owe $150.00. If it is a second violation, the party owes $250.00. If it is a third violation, or any other subsequent violation, the party owes the City $500.00. Page 1 of 4 Page 15 of 23 ANALYSIS City Charter Ordinances and Codes are not preempted by federal or state laws as it relates to Human Rights or Civil Rights. “Civil rights laws simply do not treat a unitary subject, but instead treat one aspect of many important areas of public life (e.g., employment, housing, public accommodations).” J.F. Cavanaugh & Co. v. City of Detroit, 126 Mich App 627, 636 (1983). The Michigan Supreme Court provided guidelines for determining whether a municipal regulation is preempted in a specified area of law: (1) “where the state law expressly provides that the state’s authority to regulate in a specified area of the law is to be exclusive,” (2) when preemption is “implied upon an examination of legislative history,” (3) “the pervasiveness of the state regulatory scheme may support a finding of pre-emption,” and (4) “the nature of the regulated subject matter may demand exclusive state regulation to achieve the uniformity necessary to serve the state’s purposes or interest.” Id. at 634. The Michigan Court of Appeals, in it’s J.F. Cavanaugh & Co. decision, already examined and determined that the City, as well as other municipalities, could enact human rights ordinances without being preempted. Id. at 367. The Michigan State Constitution provides that each city “shall have the power to adopt resolutions and ordinances relating to its municipal concerns, property, and government, subject to the constitution and law. No enumeration of powers granted to cities and villages in this constitution shall limit or restrict the general grant of authority conferred by this section.” MI CONST. art VII § 22. Furthermore, Article VII, § 34 states that the laws “concerning counties townships, cities, and villages shall be liberally construed in their favor.” MI CONST. art VII § 34. Local municipal governments function separately from the enforcement of state law by police agencies. “Except as limited by Constitution or by statute, the police power of . . . a home rule city is of the same general scope and nature as that of the State. Therefore, authorities relating to the police power of the State are equally applicable in relation to the police power of the city.” People v. Sell , 310 Mich 305, 315 (1945). The legislature authorizes every city to provide in its charter “[f]or the exercise of municipal powers . . . in the administration of the municipal government . . . and through its regularly constituted authority to pass all laws and ordinances relating to its municipal concerns subject to the constitution and general laws of the state.” M.C.L. 117.4(j)(3). Generally, [a] municipality is precluded from enacting an ordinance if 1) the ordinance is in direct conflict with the state statutory scheme, or 2) if the state statutory scheme pre- empts the ordinance by occupying the field of regulation which the municipality seeks to enter, to the exclusion of the ordinance, even where there is no direct conflict between the two schemes of regulation. People v. Llewellyn, 401 Mich 314, 322 (1977), cert denied, 435 U.S. 1008 (1978). The state’s preemption of municipal ordinances can be based on an expressed provision of a statute, Neoy v. Saginaw, 271 Mich 595 (1935), legislative history of implied intent, Walsh v. River Rouge, 385 Mich 623 (1971), or the omnipresence of the state regulatory scheme, Grand Haven v. Grocer’s Co-op Daily Co., 330 Mich 694, 702 (1951). Page 2 of 4 Page 16 of 23 Occasionally, “the nature of the regulated subject matter calls for regulation adapted to local conditions.” Supra 401 Mich at 324-325. If the local regulations do “not interfere with the state regulatory scheme, supplementary local regulations has generally been upheld.” Id. at 324-325; see also Detroit v. Qualls, 434 Mich 340 (1990) (upholding a city ordinance regulating the retail storage of fireworks). If a conflict arises between state laws and local ordinances, “the test is whether the ordinance prohibits an act which the statute permits, or permits an act which the statute prohibits.” Miller v. Fabius Township Board, 366 Mich 250 (1962) (upholding a local ordinance that regulates water skiing on a particular lake). The conflict between the state and local level “depends upon whether the State has occupied the whole field of prohibitory legislation.” National Amusement Co. v. Johnson, 270 Mich 613, 616 (1935). However, “[w]here no conflict exists, both laws stand.” Id. at 616. When a claimant properly claims a violation of the City’s Human Rights Ordinance § 297.10, an investigation then ensues pursuant to § 297.11. During the course of the investigation, the Human Relations and Community Services Department [hereinafter “Department”] may “request the appearance of witnesses and the production of” materials “that may be relevant to the violation or alleged violation.” LANSING, MI, CODE OF ORS. § 297.11(a). Following this, the Department will determine if the complaint and preliminary evidence is indicative of a violation, and if it does, the City Council designates “a hearing officer to conduct a hearing within 90 days after [the] completion of the investigation.” Id. at § 297.11(b). Part of the investigation includes an analysis of the conduct in question and whether any exception enumerated in §297.08 or §297.09 applies. At least 14 days prior to the hearing, the claimant and respondent must be sent by regular mail a notice of the complaint, the scheduled date and time of the hearing, and a request for each to appear. Id. During the hearing, testimony can be taken under oath, and be either recorded or transcribed. Id. Both parties may present evidence, witnesses, testimony, etc.2 Id. Following the hearing and presentation of evidence, the hearing officer makes a finding based on what was introduced at the hearing and recommends relief that the officer deems appropriate. Id. at § 297.12. Both parties have the right to appeal the hearing officer’s decision within 30 days to the President of City Council. Id. If appealed, the City Council President shall review the findings and recommendations, and either approve, approve with modification, or disapprove the findings and recommendations. Id. Once a final determination is made, the parties are notified via mail and will have 30 days to comply with the findings unless otherwise stated by the hearing officer, the City Council President, or the determination of an appeal. Id. The available recommendations and remedies that the hearing officer may find include but are not limited to: (a) ceasing the illegal conduct cited in the complaint and taking steps to alleviate the effect of such illegal conduct; (b) providing that the Respondent apologize to the Claimant; (c) closing the matter based upon a mediation/ conciliation agreement of the Claimant and Respondent; (d) requiring the respondent pay damage for injury or loss; 2 The formal rules of evidence do not apply in the course of this hearing. Page 3 of 4 Page 17 of 23 (e) hiring, reinstating, or promoting the Claimant, with or without back pay, or providing such fringe benefits as the Claimant may have been denied; (f) selling or leasing of house or dwelling unit in question to the Claimant; (g) admitting the Claimant to a place of public accommodation or extending full and equal use and enjoyment of said place of public accommodation; (h) paying some or all of the Claimant’s costs, costs incurred at any stage of review; (i) posting the explanation of and requirements for compliance with this chapter; (j) dismissing the complaint; and (k) imposing costs against a Claimant for a frivolously filed claim. Id. at § 297.13(a)–(k). The hearing officer may have the parties to enter into an agreement where the parties take reasonable steps to prevent and terminate the continued discriminatory practices. Id. at § 297.14. A violation of the Human Rights Ordinance is a civil infraction and shall be prosecuted by an Independent Prosecutor’s Office. § 297.15. A violation does not result in any form of imprisonment, as it is not a criminal violation. Id. at § 297.15(c)–(d). CONCLUSION The City of Lansing’s authority to enforce Human Rights Ordinance is derived from the US CONST. AMEND. XIV; MI CONST. art I § 2 sec. 2; 42 U.S.C.A. §2000; and 29 U.S.C.A. § 602, and the relevant case law analyzed above. The U.S. Supreme Court, as well as the MI Supreme Court, determined that even private actors can be held accountable to local anti-discrimination ordinances. A violation of the City Ordinance §§ 297.01–297.16. may result in a civil infraction, or other remedy as described above. Page 4 of 4 Page 18 of 23 Ingham City Council Council Council City County HRCS Action Action Action Clinton ACTIVITIES Program Program/Policy Report Resolution Ordinance Eaton Need Assessment Health in All Policies/ Ordinance & Draft Review Education Attainment Housing Transportation Neighborhood Safety Training Bias Micro-Aggressions Sensitivity Conflict Resolution Department Heads Quarterly Engaged Series Internal Committees - Safe Space Lansing - Equity Core Team Equaly Opportunity How to be vendors in the City County City Competitive Bidding County Internal Hiring/Termination Reporting City Multicultural Day County Racial Equity Taskforce / DEI Advisory Board Youth Advancement Criminal Justice Reform ???????????? BIPOC Business Community Involvment BIPOC Business Events Page 19 of 23 Ingham City Council Council Council City County HRCS Action Action Action Clinton ACTIVITIES Program Program/Policy Report Resolution Ordinance Eaton Housing Community Conversations Multicultural Day Unity in the Community Community Outreach Treasury District/Circuit Court Parks Clerk Public Service Police Veteran Affairs Public Transportation Courts Health Department Probate Animal Control Drain Roads 911 Sheriff Register of Deeds Celebration of Diversity Reception Page 20 of 23 Mayor's racial justice & equity alliance In 2020, Mayor Andy Schor appointed leaders to the Mayor’s Racial Justice & Equity Alliance (MRJEA) to examine policies, practices and biases to better understand how to eradicate racism and violence in Lansing. To date, of nine MRJEA recommendations, six are completed, two are underway, and the final will begin in fall 2024. Dei advisory board A DEI Advisory Board ordinance was introduced by Mayor Schor and passed by City Council in 2022. It will play a significant role to advance the goals of creating a community that celebrates diversity and builds relationships among community members & leaders. JUNE 2024 UPDATE Mayor Schor appointed a diverse spectrum of inaugural board members and will continue to review the board to ensure a wide array of community voices are represented through regular appointment opportunities. The board has established a blueprint for its work and will begin engaging with the community this summer and reviewing City ordinances, starting with the Human Rights ordinance. Mayor Schor Announces Lansing Racial Equity Fund PROGRESS REPORT City Council appropriated funding to implement racial justice and equity strategies and to address root causes of racism. The Racial Equity Fund Grant Program funds initiatives, programs and policies that address systemic racism, promote equity and uplift marginalized communities. It prioritizes BIPOC-led organizations and those serving BIPOC communities. By investing in suitable programs, we seek to empower communities of color, challenge systemic racism and enhance the lives of Lansing residents and business owners. The 2024 cycle saw 36 applicants. DIVERSITY, EQUITY & INCLUSON LPD Citizen Oversight Mayor Schor created the Board of Police Commissioners’ Citizen Complaint Oversight Committee to streamline the citizen complaint process and help people understand their rights when interacting with law enforcement. A'Keydra Abrams was hired as the new Commission Investigator (CI). The CI is an independent civilian housed in HRCS who works with the Board of Police Commissioners. She reviews all complaints lodged against employees of the Lansing Police Department. Diversity, Equity, and Inclusion Officer Michael Hopson has been appointed as the new Diversity, Equity, and Inclusion (DEI) Officer for the City. Drawing on his expertise as a seasoned DEI leader, through the HRCS department, he will lead efforts to foster a more inclusive environment within City departments. Equitable Economic initiative Mayor Schor and the Lansing Economic Development Corporation launched the Lansing Equitable Economic Development Initiative. This program supports and empowers BIPOC-owned (Black, Indigenous, and People of Color) small businesses in Lansing. www.LansingEDC.com Page 21 of 23 Equity Core Team in Action The Equity Core Team (ECT) was established in 2023 to advance DEI initiatives across City departments, guided by the MRJEA Report. The team includes 2-4 staff members from each department, who are responsible for updating, coordinating, and organizing racial equity plans and activities across City departments. ECT members have undergone comprehensive training sessions from the DEI Officer and The Advocacy Group designed to equip them with the skills and knowledge to foster a shift in the internal culture of the city. Sessions included “Diversity is You?,” “Fostering an Inclusive Culture,” “Inclusive Interaction,” “Mitigating Bias,” “Defining DEI Metrics & Goals” and “Inclusive Policies, Practices and Accommodations.” JUNE 2024 UPDATE Celebration of Diversity The Human Relations & Community Services (HRCS) department, along with the Mayor’s Office and other city departments has hosted Celebration of Diversity events in summers 2022, 2023 and 2024. Historic Flag Raisings at Lansing City Hall Mayor Schor worked with City Council to pass resolutions to fly Pride and Juneteenth flags in PROGRESS REPORT front of City Hall. The Pride Flag was raised on May 31, 2024. City leaders and LGBTQ+ groups celebrate this as a moment of reflection, highlighting Lansing as a city of acceptance and inclusivity. The City honored Juneteenth by raising the National Juneteenth Flag on June 19, 2024, commemorating the emancipation of enslaved African Americans and recognizing their enduring contributions to our nation. DIVERSITY, EQUITY & INCLUSON Community Relations Events Mayor Schor’s Community Relations & Faith-Based Initiatives Manager has organized multiple events to spotlight diverse cultures, including hosting the Black History Mobile Museum for Juneteenth and a Mexican Independence Day celebration that honored Latino culture broadly. DEI Executive Leadership Team The DEI Executive Leadership Team, led by HRCS Director Kimberly A. Coleman, is working with the Mayor, City Leadership, the Equity Core Team, the DEI Advisory Board, and partners to implement the MRJEA’s recommendations. The Mayor and Executive Leadership Team participated in National League of Cities’ Race, Equity, And Leadership (REAL) training workshops. The Michigan Public Health Institute (MPHI) has been working to assess racial & ethnic disparities in workforce development within Lansing. Miller Canfield law firm has completed a series of DEI training workshops for the Mayor and his Cabinet. The law firm has also completed a review of City policies through an equity lens and has recommended changes. for more information, please visit LansingMI.gov/dei. UPDATES AS OF 6/24/24 Page 22 of 23 5.F. Discussion OCA Guidelines and Administration Discussion regarding Flags Pending OCA Please continue to watch website for updates Page 23 of 23