Loading...
Human Rights Commission FY2012 Annual ReportTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Human Rights Commission's Fiscal Year 2012 Annual Report DATE: January 15, 2013 Dubuque kital All- America City II 111! 2012 Human Rights Director Kelly Larson is transmitting the Human Rights Commission's Fiscal Year 2012 Annual Report. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Kelly Larson, Human Rights Director THE CITY OF Dui Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Kelly Larson, Human Rights Director DATE: January 10, 2013 SUBJECT: Human Rights Commission's FY2012 Annual Report INTRODUCTION Attached please find the Human Rights Commission's FY2012 Annual Report. Dubuque kit AU- America City 11 1111 2007 The Commission is very proud of its accomplishments over the past year, and looks ahead with excitement as work towards the goals for this year is progressing. The Commission appreciates and thanks you for past and continued support of its endeavors. Prepared by: Kelly Larson, Human Rights Director The City of Dubuque fluman Rights Department The National League of Cities' National black Caucus of Local Elected Officials awarded the City of Dubuque second -Place honors in its zo1 z City Cultural Diversity Awards Annual reroance Keport liil n 1 _ 7()1 1 Iron& ACS_ 7C)1 7 _ImmvP Masterpiece on the Mississippi Human Rights Department City Hall Annex 1300 Main Street Dubuque, Iowa 52001 -4732 563-589 -4190 office 563 - 690 -6691 fax 563 - 589 -4193 TTY humanrgt@cityofdubuque.org Dubuque bad '111' 2007 Honorable Mayor and City Council: THE CITY OF DUB Masterpiece on the Mississippi December 20, 2012 I am pleased to present you with this year's annual report highlighting our continued efforts to reap the benefits of diversity, build a sense of community, and work with institutions throughout the community to address issues affecting equality of opportunity. While many challenges continue to face us, we were encouraged this year to receive recognition for some of the progress the community has made, and the innovative approaches we are taking to address concerns related to equity and inclusion in Dubuque. In March 2012, the City of Dubuque was honored with a second place Cultural Diversity Award from the National League of Cities' National Black Caucus of Local Elected Officials for our work with community resource groups, the police- community dialogue on race, and the Intercultural Competence Initiative. We are happy to report continued progress toward implementation of Safe Community Task Force recommendations. During FY2012, the Human Rights Department implemented the following Task Force recommendations: 1) periodic intercultural competence training for City staff, City Board and Commission member and the general public; 2) creating an Intercultural Ambassadors group; and 3) encouraging a meaningful intercultural competence program for schools through staff education and partnering with the University of Dubuque to infuse an intercultural approach into the curriculum in the Teacher Education Department. Our Intercultural Ambassador group consists of graduates from a multi -day Intercultural Leadership Workshop, as well as the members of intercultural teams in three institutions that completed development work with us during the year. This year our intercultural work reached over 1,200 people. On the workforce development front, staff collected data for a five year progress report, administered the Intercultural Development Inventory to leadership and reporting out the results, facilitated community and employee focus groups, and gathered feedback from management team. New team members were recruited, oriented and trained, and the committees continued to provide regular intercultural tips at management team and in the employee newsletter. New trainers from the Police Department piloted a communications course for new recruits integrating intercultural skills. Front line staff was trained on use of the Language Line and a community member was sponsored to attend the Interpretation and Translation Certificate Program in Des Moines in order to have a local resident on the State roster for Spanish interpreters. We continue support the Police Department in changes to the recruitment process, including incorporating community member assistance and an essay to assess interpersonal and intercultural skills, expanding recruitment visits to college campuses, and developing Community Resource Officer internships as a feeder program toward hiring. Out in the community, our work with community resource groups this year reached over 650 people. The LGBTQ Youth Network was expanded through outreach to local high schools and colleges, and the youth selected project for the year was participation in Art Gumbo. The Hispanic Community Group partnered with the Multicultural Family Center to host a Cinco de Mayo celebration and also met with various City Departments and community organizations to clarify policies and address concerns, The Black Men Coalition worked with the Community Foundation of Greater Dubuque, the Dubuque Community Y, and the Dubuque Community School District to host community workshops and training of mentors through the Dare to Be King program, and then proceeded to mentor high school aged youth. Finally, this past fiscal year, the City Council approved adding the position of Community Engagement Coordinator to our department. This position will focus on strengthening interactions between residents and government, while developing partnerships that support volunteer and community events with a particular focus on bringing people together across differences, and providing residents the opportunity to contribute to the community in ways meaningful to them. As always, thank you for all you do to support the work our office does each day to contribute toward reaching the City Council's vision of a sustainable, inclusive community filled with engaged citizens. Respectfully submitted y64007---) Kelly Larson Human Rights Director 2 DUBUQUE HUMAN RIGHTS DEPARTIVENT FY12 ANNUAL PERFORMANCE REPORT Human Rights Commissioners Anthony Alien, Chairperson Mitzi Krey Judie Root Andrea Beacham Regine Ronek Kurt Hansen R.R.S. Stewart Miguel Jackson Mike Elliott Administrative Staff From top center clockwise: Kelly Larson, Director; Carol Spinoso, Intake Specialist; Molly Menster, Nom an Relations Speciaist Andre Lesse ars, Training & Workforce De velopmen t Coordin ator; and Mkda Pavelid, Community En gage rne nt Coordin ator Departm ent Mission /G oal: To enforce the local human rights law and to foster a safe, just, and inclusive community in which. 1) differences are recognized as valuable resources, 2)the economic benefits of a diverse workforce are realized, and 3) systems exist that allow people to engage and reach their full potential as contributing members of the community. The Department also assists in carrying out this mission with employees in the City organization itself. 3 Department Activities & Focus Areas The Human Rights Department has five primary activities and they are listed as follows: 1. Training & Workforce Development: The Department works to develop institutions that are equitable and inclusive, both within the City organization and out in the community. The Department coordinates the City's Intercultural Competence Initiative and employee involvement teams and works with individuals and organizations on workforce recruitment and retention. 2. Equity & Inclusion: The Department studies the existence and causes of conflict and inequality of opportunity, and attempts to find resolutions. The Department engages in education and activities to promote legal, civil and respectful behavior that will tend to prevent discrimination, improve understanding, and reduce tensions between groups. This activity includes community outreach to provide support for traditionally marginalized cultural groups in the community. Included in this activity is the development of community resource groups, opportunities for interaction and dialogue, and partnerships on cultural celebrations and educational events, 3. Community Engagement: The Department works with individuals and groups on programs and activities designed to prevent tensions between groups and to foster collaboration. This activity includes community outreach to increase bridging social capital among residents through volunteer and community events that have a particular focus on bringing people together across differences and providing residents the opportunity to contribute to the community in ways meaningful to them. This activity also focuses on strengthening interactions between residents and government 4. Enforcement: The Department provides intake counseling, mediates discrimination complaints, and forwards complaints that are not mediated to the Legal Department for a determination of the legal merits of the complaint. 5. Community Activities /Partnerships /Outreach: Under this Activity city staff participates in local, regional or national efforts that advance the City's mission statement and City Council priorities. Included in this category is City staff participation in Every Child /Every Promise, Project Hope, Dubuque Works, Dubuque 2 and other private or non - profit initiatives. 6. Staff Development: The Department encourages ongoing staff development to remain abreast of legal developments and innovative approaches to creating equality of opportunity. Under this Activity staff participates in learning activities that provide one or more of the following benefits: continuing education credits for their field of expertise; best management practices for their specialization or provide education on a topic that is a City Council priority. Also included in this category is staff development in Intercultural Competency and Sustainability initiatives. 4 Past Performance and Events On August 16, 2010, the City Council approved reorganization of the Human Rights Department based on the Safe Community Task Force recommendation to make human relations efforts a priority throughout the community. The Task Force recommended city -wide efforts to: 1) increase tolerance and mutual understanding among the diverse segments of the population, and 2) adopt educational initiatives that foster community solidarity and global citizenship. Other recommendations related to building relationships amongst residents, engaging residents as volunteers, and connecting with new residents. In addition, the SCTF commissioned a 2010 Study on Crime and Poverty from the Northern Illinois University Center for Governmental Studies (NIU), seeking recommendations on research -based methods for crime prevention and community safety. Portions of the study and associated literature, along with the presentation provided by the study authors, emphasized the need for stronger social capital and social networks amongst residents, less social distancing across groups, and a stronger sense of community for all members of our population. Finally, the study itself evidenced a disconnect between resident perception and factual reality in terms of crime statistics, emphasizing a need for continued communication between City staff and residents. The reorganization permits staff to focus on conflict management, intercultural competence, and community engagement towards the goal of creating an inclusive community where people of all backgrounds can live productively and contribute. The Department's work supports the social /cultural vibrancy goals of Sustainable Dubuque. In 2012, the National League of Cities National Black Caucus of Local Elected Officials awarded the City of Dubuque a second place Cultural Diversity Award for the community resource groups, police - community dialogue on race, and the Intercultural Competence Initiative. Activity: Training & Workforce Development Initiative: Intercultural Competence Initiative with Community Organizations Brief description of partnership: This project involves the Human Rights Department's efforts to partner with organizations throughout the community, with a particular focus on building the capacity of new and existing intercultural teams within organizations. The long term vision is that we will have teams of people in various organizations and businesses throughout the community who are familiar with intercultural issues, are leading intercultural efforts, and are in contact with one another to share best practices and work together to address issues of inclusion and equal opportunity in the community. Update on current status: The Department has completed development of intercultural teams in three non - profit organizations: Riverview Center, Hillcrest Family Services, and Goodwill Industries. In addition, the Department is partially through the creation of a team with a private business: Body & Soul Wellness Center. The Department has offered trainings to various organizations, has offered two Intercultural Leadership Workshops, and has created an Intercultural Ambassador group from amongst alumni. This work has reached over 1,200 people this year. 5 7 6 5 4 3 2 1 6.0 Customer Evaluations 5.8 6.4 6.3 Provide a better Will use information Trainer effective in Satisfied with overall understanding received making info quality of training understandable Residents found our training sessions to be effective and useful, giving us an average rating of 6.1 on a 7 point scale. Initiative: Intercultural Competence Initiative with City Staff Brief description of partnership: This project is coordinated by the City of Dubuque's Steering and Training teams. The Human Rights Department staff members occupy leadership roles on both teams and guide the efforts. Update on current status: The Training team offered 10.5 hours of Foundations of Intercultural Competence and Intercultural Conflict Styles training to City staff hired in the past year, and met regularly to further develop training skills and future sessions. Mini -tip sessions related to religious pluralism and prevention of harassment and bullying were offered to staff. Human Rights staff also offered 5 hours of foundational intercultural competence training to City Board and Commission members in September and again in April. Staff collected data for a five year progress report, including administering the Intercultural Development Inventory to leadership and reporting out the results, facilitating community and employee focus groups, and gathering feedback from management team. IDI administrators provided one -on -one feedback of IDI results to employees. New members were recruited, oriented and trained, and the committees continued to provide regular intercultural tips at management team and in the employee newsletter. New trainers from the Police Department created a communications course for new recruits integrating intercultural skills. Front line staff was trained on use of the Language Line and a community member was sponsored to attend the Interpretation and Translation Certificate Program in Des Moines in order to have a local resident on the State roster for Spanish interpreters. c O 50J d nn • 10 z 0 DA 30 ▪ 20 Coaching Group Faciliation Mediation Strategic Plan Staff Training Implementation Internal ICC Training Initiative: Workforce Development Brief description of partnership: This activity describes the Human Rights Department's partnerships with several departments and organizations on workforce development issues both internally for the City and in the community as a whole. Update on current status: The Department instituted a coaching pilot project to assist managers through the hiring process and continued to work with the Police Department to develop changes to the recruitment process, including incorporating community member assistance and an essay to assess interpersonal and intercultural skills, offering interviews based on the full picture of candidates' qualifications (rather than test scores alone), and expanding recruitment visits to college campuses. The Department worked with local colleges on career readiness training for youth, instituted employee engagement teams in two pilot departments, and began conducting exit interviews. The Department also worked with the City Manager's office to create a plan for employee engagement, re- structure Leadership Team, and pilot the engagement process with the Building Services Department. The Department also created an engagement team in the Planning Department to develop an intercultural strategy for the department around recruitment, retention, and outreach to traditionally marginalized cultural groups in the community. ao m m O 0 z 60 50 40 30 20 10 0 Workforce Development _z _z _z _z _z S IP Career Readiness Employee Engagement Recruitment & Retention Hiring Activity: Equity & Inclusion Initiative: Community Resource Groups Brief description of partnership: These are groups of community members from minority cultural groups who are seeking culture specific support and resources, and who are seeking to better connect with one another and the community as a whole. They include the LGBTQ youth group, the Black Men's Coalition, and the Hispanic Community Group. Update on current status: Each group is responsible for defining its needs. Our work with community resource groups this year reached over 650 people. The LGBTQ Youth Network was expanded through outreach to local high schools and colleges, and the youth selected project for the year was participation in Art Gumbo. The Hispanic Community Group partnered with the Multicultural Family Center to host a Cinco de Mayo celebration and also met with various City Departments and community organizations to clarify policies and address concerns, The Black Men Coalition worked with the Community Foundation of Greater Dubuque, the Dubuque Community Y, and the Dubuque Community School District to host community 7 workshops and training of mentors through the Dare to Be King program, and then proceeded to mentor high school aged youth. Initiative: Police- Community Dialogue on Race Brief description of partnership: This is a partnership between Human Rights staff, African American community members and police officers, designed to facilitate dialogue around police - community relations. Update on current status: African American community members and police officers are recruited to participate in five to seven, two hour orientation sessions relationship building activities, intercultural competency materials, identifying the most common areas of conflict and miscommunication between police officers and African- American community members, and having dialogue around each of these areas of conflict and miscommunication. We have facilitated two mixed groups of officers and community members through these sessions, and have begun work with a third group. Initiative: Speakers' Bureau Brief description of partnership: This is a partnership between Human Rights Staff, the Presentation Lantern Center International Speakers' Bureau, and numerous community volunteers. Update on current status: Working with community volunteers and independent partner organizations, we opened the doors for dialogue through 31 Speakers' Bureau presentations highlighting individual experiences of race, sexual orientation, or national origin in our community, reaching more than 800 people. The national origin engagements were referred to our partners at the Presentation Lantern Center, the International Speakers Bureau. Initiative: Faces & Voices Brief description of partnership: Faces & Voices is a community group that plans the annual Dr. King Tribute Days and also coordinates with sponsors of other diversity events in the community. Update on current status: The Dr. King Tribute Days this year featured Arthur Woodard, Jr. and Jim Wuelfing, who speak on Racism of the Well - Intended. Faces & voices also: 1) hosted an evening program, and 2) partnered with the local NAACP event including a march, speaker, and awards ceremony for student winners of the Dr. King Multi -Media Tribute Contest. Additional events sponsored by faces & voices this year included Cinco de Mayo and the Marshallese Independence Day. Initiative: Dubuque Dispute Resolution Center Brief description of partnership: The Dubuque Dispute Resolution Center consists of trained community volunteer mediators, whose work to resolve neighborhood related disputes is coordinated through the Human Rights Department. Update on current status: This year, the DDRC handled 23 intakes and conducted two neighborhood related mediations. Activity: Community Engagement Beginning in June, 2012, the Human Rights Department expanded its' community engagement focus in response to recommendations from the Safe Community Task Force premised in part on research in the Northern Illinois University Center for Governmental Studies 2010 Report on Crime and Poverty in Dubuque. This activity includes the work of the Volunteer Generation Fund AmeriCorps VISTA member, as well as the work that will be conducted under the newly created position of Community Engagement Coordinator, which was filled in July 2012. Performance 8 measures for this position are in the process of being developed, and most activities will not be sufficiently underway for reporting until next year. Initiative: Volunteer Dubuque! Brief description of partnership: This partnership to develop a collaborative and high impact approach to using volunteering as a strategy began in the Leisure Services Department with an AmeriCorps VISTA member funded through the State of Iowa Volunteer Generation Fund. The initiative was transferred to the Human Rights Department in June 2012. Update on current status: During the first quarter of fiscal year 2012, 418 new volunteers have been recruited, logging 150 hours. 300 volunteers engaged in a letter writing campaign for the Veteran's Freedom Fund Center as part of the 9/11 Day of Service. A $1,500 grant has been obtained to fund Make a Difference Day activities in the community in October, and a $48,000 grant has been obtained to support a collaborative effort to create a volunteer center in Dubuque. This collaborative effort will help us to leverage volunteers in response to several recommendations of the Safe Community Task Force. Staff and Commission members also partnered with other organizations to host various community events, including a , a joint public forum with the Transit, Housing and Human Rights Commissions, Taste of the World, MLK Celebration activities, Juneteenth, Dare To Be King, Cinco De Mayo and City Expo. Activity: Enforcement In FY2012, a total of 391 requests for assistance or information were serviced. Twenty- six of those inquiries resulted in a formal case filing and twenty -three cases were processed and closed. Disposition of Closed Complaints in 2012 u Administrative Closure L1 Referred to ICRC No Probable Cause u Settlement /Mediation 9 CASELOAD SUMMARY The majority of the cases filed were in the area of employment. In fact, 77% of the 26 cases filed in FY12 were in the area of employment. The area of public accommodation accounted for 11% of the total cases filed, housing accounted for 8 %, and education 4 %. This breakdown reveals that employment continues to comprise the largest share of the breakdown as in past years, though we have seen some increase in public accommodation cases. 2012 Case Breakdown by Area • Employment • Housing Public Accommodation • Education Disability and sex claims encompassed the greatest shares of the 26 cases filed in fiscal year 2012, followed by race, retaliation, national origin, sexual orientation, age and religion. Breakdown by Bases • Disability • Age — Sex • Race • Retaliation • National Origin • Sexual Orientation • Religion Cases fried in one area (i.e. employment) may have alleged discrimination on one or more bases (i.e. disability and age); therefore the total by bases may be greater than the number of cases by area. 10 FY12 Performance Results CASELOAD STATISTICAL DATA Breakdown of Cases into Area and Basis of Discrimination Area FY20I0 FY20II FY20I2 Employment 31 14 20 Disability 7 5 5 Sex 9 3 9 Race 4 5 4 Age 5 5 I National Origin 3 I I Retaliation I 3 2 Gender Identity I 0 0 Sexual Orientation 3 0 I Public Accommodation 5 4 3 Disability I I 2 Sex 0 0 0 Race 0 I 0 Religion 0 0 0 National Origin 0 0 I Gender Identity 3 3 0 Sexual Orientation I I 0 Housing 4 3 2 Disability 0 2 I Sex 2 I 0 Race 0 I 0 Age 0 0 0 National Origin 0 0 0 Familial Status I 0 0 Retaliation I 0 0 Religion 0 0 I Education 0 0 I Disability 0 0 I Sex 0 0 0 National Origin 0 0 0 Race 0 0 0 TOTAL CASES FILED 40 21 26 Cases filed in one area (i.e. employment) may have alleged discrimination on one or more bases (i.e. disability and age); therefore the total by bases may be greater than the number of cases by area. 11 Activity: Community Activities /Partnerships /Outreach Initiative: Safe Community Task Force and Safe Community Advisory Committee Brief description of partnership: The Human Rights Director served as the initial facilitator of the Safe Community Task force, a diverse group of residents who came together to discuss community safety concerns. The Director also serves as staff support to the Safe Community Advisory Committee, established to oversee implementation of the Task Force recommendations. Update on current status: During FY2012, the Human Rights Department implemented the following Task Force recommendations: 1) periodic intercultural competence training to City staff, City Board and Commission member and the general public; 2) creating an Intercultural Ambassadors group; 3) encouraging a meaningful intercultural competence program for schools through staff education and working with the University of Dubuque to infuse an intercultural approach into the curriculum in the Teacher Education Department. Initiative: Multicultural Family Center Brief description of partnership: The City recognizes the Multicultural Family Center, previously operating under the Iowa State University Extension office, as critical to empowering neighborhood residents and building unity through diversity, and various City departments have partnered to increase the capacity of the Center. Update on current status: The Director sits on the Board of Directors for the Center. Staff has assisted with fundraising, office support, and various events throughout the year, including Juneteenth, Taste of the World, Halloween, Cinco de Mayo, Mexican Folkloric Dance, and providing occasional mini - trainings on intercultural competence. Activity: Professional Development • Staff attended 144 hours of professional development training this year, with attendance at the U.S., Department of Housing & Urban Development Policy Conference, Summer Institute of Intercultural Communication, Midwest Culturally Inclusive Conference, Growing Sustainable Communities Conference, and the Chamber Diversity Conference. Staff remained abreast of case law developments by reviewing the BNA Fair Employment Reports, the Iowa Employment Law Letter, the ADA Compliance Guide, Fair Housing Coach Newsletters, and the Fair Housing /Fair Lending Reporter. • The Director, Human Relations Specialist, and Training and Workforce Development Coordinator attended the Summer Institute on Intercultural Communication. • The Director, Human Relations Specialist and Training and Workforce Development Coordinator presented at the 2011 Midwest Culturally Inclusive Conference, and attended the Growing Sustainable Communities Conference and the Chamber Diversity Summit. 12 THE COMPLAINT PROCESS A complaint is filed when a person feels that he /she is the victim of unlawful discrimination. A complainant may file a complaint with the Human Rights Department within 300 days of the alleged discriminatory act. Any of the Department's staff can perform the intake interview establishing that the Department has authority in the matter (jurisdiction and gathering the necessary information about the alleged act, such as time, place, the person involved, and the details of the act.) Note that the complainant has the right to withdraw the complaint at any time. A respondent is notified once jurisdiction is established and intake is complete. A mediation conference is encouraged at this time because it offers all parties the possibility of a speedy and satisfactory resolution. If mediation fails, the Director or Human Relations Specialist begins an investigation. An investigation can include field investigations, site visits, interviews with witnesses, documentation examination, and face -to -face meetings with both the complainant and the respondent to discuss the complaint and gather facts. Probable cause is determined at the end of the investigation by an administrative law judge (ALJ). If the facts /evidence support the charge, a determination of probable cause is issued. If the evidence does not support the charge, a determination of no probable cause (NPC) is issued and the case is then dismissed. The complainant can request to reopen the case if he /she feels the NPC is in error. A post - probable cause conciliation is undertaken to try and bring the complainant and the respondent to a mutually agreeable arrangement saving all the parties time, and possibly, legal fees. When conciliation is unsuccessful the complaint proceeds to a pre- hearing review. When a case goes to public hearing, it is presided over by an administrative law judge. At the hearing, the complainant is often represented by private counsel. The respondent is often represented by private counsel. The attorneys present the facts of the case to the administrative law judge. The City Solicitor represents the public interest. The full Commission reviews the recommended order and the record of the hearing. If the Commission finds that discrimination has not occurred, the case is dismissed, but if the finding is that discrimination has occurred, the respondent is ordered to take appropriate action to redress the effects of the discrimination. The Commission may order employment, promotion, raise, back pay, letter of reference, housing, credit, formal apology, a change in the respondent's policies, and cash awards in compensation for humiliation, suffering, and mental anguish. Both the complainant and the respondent can appeal the Commission's order within 30 days to district court. 13 COMPLAINT PROCESS AT A GLANCE Intake Interview A Complaint is Filed (Must be within 300 days of the alleged unlawful act) Respondent is Notified (The person or entity whose action is the subject of the complaint) Mediation Conference (If agreed to by both parties) • If Unsuccessful • Investigation Determination • Post Probable Cause Conciliation Effort (Conducted by the Department) • If Unsuccessful • Pre - Hearing Review • Public Hearing • Recommended Order 1 Complainant has 30 days to request judicial review 2 In a fair housing case the Complainant may elect to commence a civil action in court. 3Complainant or Respondent can appeal the decision to the District Court within 30 days. O. If Successful ► ► No Probable Cause ► (Case dismissed) ► If Successful ► ► Commission's Order After Hearing (No discrimination found —case dismissed OR Discrimination found — corrective action ordered) • Court Appeal 3 14 D•U•B•U•Q•U•E 1Qmr."1 HUMAN RIGHTS COMMISSION CITY OF DUBUQUE HUMAN RIGHTS DEPARTMENT 1300 MAIN STREET DUBUQUE, IA 52001 563-589-4190 Visit us on the web www.cityofdubuque.org SUSTAINABLE DUBUQUE viable • livable • equitable