MARCH 15, 2007

ATTENDANCE: Bea Brown, Acting Chair; Carol Frank; Rahoul Dupervil; Dr. Charles Stabinsky; Vicki Su; Barbara Amodio (7:45); Daisy Franklin (7:50).

STAFF: Larry Patterson.

OTHERS: Councilman Carvin Hilliard; Anthony Davis; Dereisha Horlman; Barbara Horlman; Littleangel Williams; John Mosby.

CALL TO ORDER

The meeting was called to order at 7:40 p.m. by the Acting Chair. It was noted that a quorum was not present.

APPROVAL OF MINUTES OF FEBRUARY MEETING

The following corrections were made: On page 1, under “Staff” and throughout the minutes, “Attorney” was deleted from the front of Larry Patterson’s name. Under “Others”, the spelling of Mr. Lindsey’s name was corrected. Under the motion for the January 2007 minutes, the vote was corrected to read “The Motion passed with two abstentions (Ms. Frank, Ms. Su). On page 3, 3rd paragraph, “9:20” was corrected to “8:20”. In the 5th paragraph, 3rd sentence, “he” was corrected to “her”. On page 4, 2nd to last paragraph (motion), 2nd to last line, the spelling of chairperson was corrected. On page 5, 2nd sentence, “reviewed” was changed to “everyone could review”. The second motion was changed to read “Ms. Brown then moved to include in the same letter a request that the Corporation Counsel use any unspent funds that were not being utilized from the director position towards legal counsel for the Commission”. In the next paragraph, 1st sentence, “received” was corrected to “receive”. The next to last motion was reworded as follows: “Ms. Brown withdrew her motion to include (wording to be the same as the previous motion). On page 6, under “Diversity Day Follow Up”, 2nd paragraph, 1st sentence, “how” was deleted and replaced with “what occurred at”. Under “Adjournment”, Mrs. Frank seconded the motion.

At 7:45 p.m., Ms. Amodio arrived at the meeting, constituting a quorum.

** MS. FRANK MOVED TO APPROVE THE MINUTES OF FEBRUARY 22, 2007 AS CORRECTED.
** MS. AMODIO SECONDED.
** MOTION PASSED WITH ONE ABSTENTION (MR. DUPERVIL).

At 7:50 p.m., Ms. Franklin arrived at the meeting.

CHAIRPERSON’S REPORT

The Acting Chair said that the letter to Corporation Counsel has not yet been answered. Some of the members of this Commission met with Council members a month ago. She was disappointed because they are not getting the support they thought they would be getting from the Council in terms of hiring a field representative and a director. Councilman McQuaid was supposed to set up a meeting with the Republicans but the Chair has not yet heard back from him.

The Acting Chair said that the first meeting of the Interview Committee will be on March 20th at 2:00-2:30 in the Personnel office.

The Acting Chair said she had asked a councilman about the Human Relations ordinance or if he had seen the job description – he had not. He felt they should conduct the interview and then correct any mistakes in the job description. The Acting Chair said that was putting the cart before the horse. She said that the Council was not doing a very good job.

Ms. Frank asked how a person could be hired without a correct job description. Ms. Amodio said that was a good point; you cannot change a job description after interviewing takes place. She asked if applicants would be screened or if they are interviewing people who had already been screened. The Acting Chair said they would be screening the applicants.

Mr. Dupervil said there is a deep discrepancy between this Commission and the Mayor as to the Commission’s authority to hire a director. The Acting Chair said the ordinance clearly states that the Commission has the power to employ a director. In the dictionary, employ and hire are interchangeable. Dr. Stabinsky said employ means “to use”. Mr. Dupervil said this has to be resolved.

Ms. Su said that the director is not only covering the Human Relations Commission. Fair Rent does not say they have the right to hire a director. She asked that they look into whether they want to take on day to day operations.

The Acting Chair said this Commission started in 1967 and they did the hiring. It was set that way to keep politics out of it. Mayor Knopp put in “by the authority invested in him” and he had no right to do so.

Ms. Su said it is one position for two commissions. They don’t have authority to hire the part of the director that is for Fair Rent.

Dr. Stabinsky said they have talked about this over and over again for the last three meetings. They have two opinions from two corporation counsels. If the Commission does not like those opinions, it can hire a lawyer and sue the City. If they are not willing to do so, they should move on and hope that the Acting Chair, as the Commission’s representative in the hiring process, is well served for the selection of a new director.

The Acting Chair said they don’t need to continue to discuss this. They need to get community support. She will work on getting an outside lawyer.

Ms. Frank said everyone should be aware that, if this Commission decides to sue the City, the City can sue this Commission, and they have no protection for that. They can be sued as individuals.

Mr. Dupervil suggested they create an amendment. Ms. Amodio said the idea of suing anyone is far down the road. She said she thought all commissioners were covered by City insurance. Mr. Hilliard said he did not think that the City would sue. Ms. Amodio said “employ” has many levels of meaning. Absent any legal opinion, they have to go back to how it was used for Mr. Briggs and Ms. Devitt. Screening is a huge element. They should not forget “the power to employ”. They are not near suing anyone but they have to have advice.

Discussion took place on the screening process that took place when Ms. Youngerman was hired.

Ms. Frank asked if there was any benefit in asking the mayor and corporation counsel to come to their next meeting. The Acting Chair said that the Chair had invited the mayor to tonight’s meeting. Mr. Patterson said that the mayor was unable to attend because of another meeting. Ms. Frank suggested that another request be sent in writing.

Ms. Franklin said it is important that the commission had the power to employ at one time but don’t have that power now. They were told at the last meeting that the mayor was invited but would not be coming. Mr. Dupervil again suggested they amend the ordinance.

Ms. Su said Human Relations is a department that belongs to the City and asked what was wrong with the mayor having the right to hire department heads. The Acting Chair said the commission has always hired its director. She explained again that this change came from Mayor Knopp. If the mayor has to do the hiring, if you look at all of the codes, the mayor has to have the approval of the Common Council. Ms. Su said that was a separate issue. She further pointed out that since two commissions were combined, the circumstances have changed. Fair Rent also has a vested interest in who becomes the director.

Mr. Patterson clarified that Human Relations was enacted in 1966, Fair Rent in 1971. They operated as separate entities until Mayor Collins put them together in 1983 as a cost savings measure.

Ms. Frank suggested they move on and ask the mayor and corporation counsel to attend the next meeting. The Acting Chair will ask the Chair to invite them.

Investigation of the Fire Department: The Acting Chair said that Council woman Bolden is holding a meeting on March 22nd at 6:30 p.m. in City Hall.

STAFF REPORT

Mr. Patterson reviewed newspaper articles re the NAACP placing monitors in court, the NAACP local chapter cleared of violations, an Hour editorial, housing officials enforcing rules against criminal ties, etc.

Mr. Patterson reviewed the statistics. Ms. Franklin asked when Human Relations would hear cases. Mr. Patterson said people have to file a formal complaint and they have to be a protected class.

The Acting Chair said if someone is interested, they have to go to the courthouse and monitor the courtroom because of the two judges that are being complained about. A public defender is also discriminating against people. The courthouse should always be monitored. Afro-Americans and Hispanics are not treated the same as whites.

OLD BUSINESS

Ms. Franklin asked about the status of the newsletter. Ms. Amodio said this should be discussed with the Chair.

NEW BUSINESS

There was no new business.

ADJOURNMENT

** MS. FRANK MOVED TO ADJOURN.
** MS. AMODIO SECONDED.
** MOTION PASSED UNANIMOUSLY.

The meeting was adjourned at 8:35 p.m.

Respectfully submitted,

Cheryl Telesco
Telesco Secretarial Services

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