Minutes_Equity and Human Rights Commission 12.12.22Copyrighted
February 20, 2023
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 1/30/23 and 2/6/23; Equity and Human
Rights Commission of 8/8/22, 9/12/22, 11/14/22, and 12/12/22; Historic
Preservation Commission of 1/19/23; Library Board of Trustees of
10/27/22, 11/16/22, and 12/15/22; Library Board of Trustees Update of
1/26/23; Zoning Advisory Commission of 2/1 /23; Zoning Board of
Adjustment of 1/26/23; Proof of publication for City Council Proceedings
of 1 /17/23 and 1/30/23.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings 1/30/23 Supporting Documentation
City Council Proceedings 2/6/23
Equity and Human Rights Commission of 8/8/22
Equity and Human Rights Commission of 9/12/22
Equity and Human Rights Commission of 11/14/22
Equity and Human Rights Commission of 12/12/22
Historic Preservation Commission of 1/19/23
Library Board of Trustees of 10/27/22
Library Board of Trustees of 11/16/22
Library Board of Trustees of 12/15/22
Library Board of Trustees Update of 1/26/23
Zoning Advisory Commission of 2/1/23
Zoning Board of Adjustment of 1/26/23
Proof of Publication for City Council Proceedings of
1 /17/23
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
1/30/23
Dubuque
THE CITY OF
DU B�T*_TE
2007-2012.2013
2017*2019
Masterpiece on the Mississippi
EQUITY AND HUMAN RIGHTS COMMISSION MEETING MINUTES
December 12th, 2022
DATE: Monday, December 12th, 2022
TIME: 4:30 PM
LOCATION: Ruby Sutton Building, 1157 Central Avenue, Dubuque, IA 52001
Commissioner Durnin called the meeting of the Equity & Human Rights Commission
to order at 4:36 p.m.
Commissioners Present: Carla Anderson, Yindra Dixon, Michael Durnin,
Maitha Jolet, Jake Kurczek, Aaliyah Herrion
Commissioners Absent: Dereka Williams, Klanea Evans, Janelle Branch
Staff Present: Gisella Aitken-Shadle, Collins Eboh
Approval of November 2022, Meeting Minutes
Motion by Durnin, seconded by Dixon to approve the meeting minutes of November 2022
as submitted. All in favor.
Reports
Caseload Report
Durnin asked that case load reports could be included in email with agenda and minutes.
Director noted that cases are still being addressed by EHR staff and Legal staff.
Director's Report
Durnin brought up the repeated absences from commissioner Williams and Evans and the
need to discuss procedure for informing city council of those absences and potential
removal from the commission. City attorney Brumwell noted that a letter would need to be
addressed by the EHR chair to the city clerk's office. In that letter, reference to the boards
and commissions city code attendance policy, would need to be cited. Director Aitken-
Shadle noted that the city clerk is aware of the number of vacancies and upcoming
vacancies and that they would advance the process in mid to late January.
Chairperson's Report
Durnin noted his upcoming retirement and thanked the commission and EHR department for
their efforts. "This commission and this department are important to the growth and long-
term success of the city of Dubuque.
Old Business:
None discussed.
New Business:
City Attorney Brumwell went on to discuss the administrative rules for the commission.
Parameters of the ordinance and the "opportunity for commissioners to amend administrative
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rules." Brochures that updated complainants and respondents of the process were handed to
commissioners. Brumwell then outlined the details of a jurisdictional review and the complaint
process, i.e., mediation, administrative closure, etc. Brumwell also detailed the relationship of
the commission.
Brumwell went on to detail the probable cause vs no probable cause designation and how the
process would involve an administrative law judge.
Dixon: Why would someone go through the complaint process with the commission and not
go directly through the legal system if it's going to be a legal process anyway? Often the
preponderance of evidence does not exist in the types of cases that comes through the
commission.
Brumwell: Iowa Law requires that filings need to be filed with a commission and you can't
proceed to a district court unless you do so, and it's been on file for 60 days with a right to
sue. "An exhaustion of administrative remedies."
Dixon: 99% of the complaints that come to the commission do not have the legal basis. How
can we as a commission take real complaints of discrimination and turn those into ways that
we can determine bad actors who do not support diversity and equity into our community?
Brumwell: public outreach and communication is important on all sides and also relationship
building so that their trust in the institution and the process. It's important to get out to the
neighborhood groups and the community groups so that people are encouraged to file
complaints. Ongoing talks with the EHR office included planning for better outreach and
education opportunities.
Brumwell went on to detail the types of evidence asked for during a regular investigation and
the circumstances. After examining that data, it has been proposed to extrapolate gross trends
to inform educational opportunities.
Durnin: Noted that community advocacy groups that can educate the public are important.
Anderson: Noted that she had attended a public hearing and she felt that she was exercising
her duties as a commissioner to be a public observer of the legal system
Brumwell: Noted a precedent of a community conducting employment testing and current work
with Iowa Legal Aid and the Housing testing consortium (Davenport, Cedar Rapids, Iowa City,
Dubuque)
Dixon: Noted her prior comments with Iowa Legal Aid Staff on housing testing and more
effective precedents for housing testing in other communities. "If we really want to make a
dent in this community, we need to find easier ways for people to file, for people to be believed,
and have their complaints investigated." Thresholds need to be created.
Brumwell: Stated that she thinks there's a way to have an intervention of some kind but it's
not something that could be shared with the commission. Those could be parameters set by
staff to activate.
Eboh: Are you saying that there is no existing policy that says that if a certain number of
complaints are filed against a complainant in a determined period, then there is no activation
of additional resources to support investigation or notify the commission that a respondent is
getting multiple complaints?
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Brumwell: No, those activations are done within the human rights department. Previous
director Larson and/or Intake Specialist Spinoso would review and flag. When that happened,
there would be a discussion between EHR and City Attorney's office on additional resources
filed.
Eboh: In this scenario, would the City Attorney's office be able to share with the commission
that an "activation" has occurred?
Brumwell: Yes, it's possible, but it depends on how the thresholds or "tiers" of such a system
would be set up. For example, if a respondent gets two, then they could receive an offer of
education. If they get three, then "xyz'. To clarify, such a letter would come from staff and not
the commission.
Dixon: The people who are then likely to call are the ones who feel as if this is their last resort
and so discrimination is happening to a much higher percentage of people in Dubuque than
what's being documented.
Herrion: Noted her experience and deep displeasure in the process. Hearing the back and
forth on what can and can't be done by the commission is disappointing and sad. There is
nothing being done here.
Anderson: The commission is focused more on the commissions goals than finding out how
the department helps residents.
Brumwell: Noted that there is a difference and separation between the
investigative/enforcement piece and the community engagement. This is where the
commission's role lies.
Anderson: How are we meant to represent the commission to the community if we can't show
that it works? How are we supposed to do and make it happen.
Brumwell: You have a lot of discretion as a commission on what you're tasked with as long as
it's in the bounds of the law.
Durnin: Noted the purpose of the commission's purpose as detailed on the Equity and Human
Rights Department website. In his three years as commissioner, he has never had a hearing.
Why is that not happening? It's a disturbing trend. Let's make some things happen.
Brumwell: Multiple factors contribute to this.
Dixon: Noted that the ordinance is set up for us not to be affective. The commission is a
figurehead and not set up to promote equity and human rights in the community. Processes
in place do the exact opposite of that. What specific things in the law can be proposed to the
city council so that the people in the community can get what they need.
Brumwell: By state law we are required to have a commission. There are models at the local
level that is different than how our commission models itself like the ICRC.
Anderson: Could we create a letter that details what the commission would like the
investigative process to publicly look like?
Brumwell: It's important to note what specific change the commission would want before
presenting anything to council.
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Dixon: Is it necessary to look at the state model to see where local code could be changed.
Brumwell: Elaborated a confirmation. Proposed amendments to state code could be included
in city of Dubuque legislative priorities. Once the commission decides what they would like to
change, the city attorney's office is willing to analyze the code.
Dixon: How can we encourage people to file a complaint if they don't trust the system?
Brumwell: If there is a local investigation, then finding a good community partner is key.
Advocacy is important.
Durnin: sic Great points have been brought up today. Systems in place need to be examined
to look make the outcomes better for people.
Dixon: Asked if there are ways for commissions to collaborate. Instead of referring complaints
to housing
Brumwell: The commission has the power to file a complaint on behalf of the public.
Brumwell: Detailed the case load reporting process and assignment of designations within
WebQA.
Kurczek: Asked if there is anything in existing code that could increase their capacity?
Brumwell answered no.
Dixon: Is it possible to administer a survey to complainants and respondents post
administrative closure?
Brumwell: Yes, and the survey can be modified
Anderson: What's the benefit of a complainant going to the ICRC if they often get a "right to
sue letter" from the state? They'll have to spend money to keep their investigation going.
Brumwell: Though we do not often make referrals, we often refer people to the Iowa Bar
Association for legal advice.
Kurczek: The Dubuque HR commission was created in concordance with the 1964 legal
minimum. The Iowa City Human Rights commission created the truth and reconciliation
commission to be more proactive in being proactive rather than reactive.
Durnin: Noted the value of guest speakers and thanked Brumwell for their visit and
participation. Noted the opportunity for the commission to engage with more residents of the
city. Went on to note that engagement with independent advocacy groups is vital.
Review 2022 Goals:
Not completed
Adjournment:
Durnin motioned and Herrion seconded to adjourn. All in favor. The meeting ended at
6:03 p.m. The next regularly scheduled meeting is Monday, February 13, 2023.
Minutes approved as submitted:
Minutes approved as corrected:
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