HomeMy WebLinkAboutFY 14 HRC Annual Report (2)
1
HUMAN RIGHTS COMMISSION
The Iowa City Human Rights Commission is represented by nine residents of Iowa City
each of who are appointed by the Council for three year terms. The Commissioners, all
committed to civil rights, reflect a broad cross section of the community, thus ensuring
diversity of ideas and interests. In the appointment process consideration is given to men
and women of various racial, religious, cultural, social and economic groups within the
City.
The Commission has the following powers:
• Make recommendations to the Council for such further legislation concerning
discrimination as it may deem necessary and desirable.
• Educate the public on human rights and illegal discrimination, such as organizing
and facilitating educational public forums that address one or more of the broad range
of topics included within the rubric of human rights.
• Provide the enforcement necessary to further the goals of the Human Rights
Ordinance.
• Cooperate, within the limits of any appropriations made for its operation, with
other agencies or organizations, both public and private, whose purposes are not
inconsistent with those of the Human Rights Ordinance.
• Coordinate programs designed to eliminate racial, religious, cultural and other
intergroup tensions.
The Commission annually elects a Chairperson and a Vice-Chairperson and holds
monthly meetings in the Helling Conference Room at City Hall on the third Tuesday of
each month at 6:00 p.m.
FY 14 Human Rights Commission Members
Harry Olmstead, Chair
Andrea Cohen, Vice-Chair
Ali Ahmed
Joe Coulter
Shams Ghoneim
Kim Hanrahan
Stella Hart
Paul Retish
Orville Townsend, Sr.
There are two full-time staff of the Commission, a Human Rights Coordinator and a
Human Rights Investigator.
2
FY 14 Recommendations by the Commission to Council
September 2013
The Commission supports Council member Jim Throgmorton’s recommendations and the
amendments to the Storage of Property in the Downtown City Code §8-5-14. The
Commission also recommends for the City to partner with the Johnson County Local
Homeless Coordinating Council to develop a more comprehensive, better coordination,
and better staffed approach to the problem of homelessness and associated challenges in
our City.
November 2013
The Commission finds the City of Iowa City Citizen’s Survey 2013 to be of questionable
validity and in need of inclusion of all community constituents. The Commission
recommends the Council not use it all. If used, it should not be used as the sole input for
guiding strategic planning. The Commission encourages the Council to rely upon other
types of documents that members of the community have brought forth such as the Ad
Hoc Diversity Recommendations, the Racial Equity in Iowa City and Johnson County
Report of the Iowa City Coalition for Racial Justice and materials of The Immigrant
Voices Project.
December 2013
The Commission requests the Council to provide in writing a description of when and at
what cost and the procedure to come into full compliance with the American with
Disabilities Act (Ramp Inventory). The response should include the findings, its intended
actions, and how the findings will be prioritized in the FY15 budget, with target dates for
implementation and completion.
January 2014
The Commission requests the Council to reconsider its decision to discontinue the half-
fares for SEATS riders at the end of FY14 and to continue to offer half- fares in light of
the fact that according to SEATS Director Tom Brase:
1) More than 51% of SEATS riders are eligible for half-fares;
2) Over 91% of the rides SEATS provides are made by half-fare riders.
The elimination of the half-fares impacts businesses and has a very tangible effect on the
human rights of persons who reside in this community.
March 2014
The Commission requests the City to support the adoption and implementation of the Municipal Identification Card (referred to as the Community Identification Card) by
3
Johnson County and upon adoption of the Community Identification Card for the City to formally recognize the validity of the card.
FY 14 Mayor’s Proclamations Submitted by the Commission
Martin Luther King, Jr. Day (January)
African American History Month (February)
Fair Housing Month (April)
Juneteenth National Freedom Day (June)
National Native American Heritage Month (November)
FY 14 Programs & Activities of the Commission
1. July 23, 2013 Participant, Creating Self-Aware & Welcoming Communities
Workshop sponsored by Diversity Focus, Iowa City Area Development Group &
Culture Friendly Consulting, LLC.
2. July 23, 2013 Attendee, Coalition for Racial Justice Press Conference/Report
Release.
3. August 2, 2013 Participant, Coalition for Racial Justice Planning Meeting.
4. August 2, 2013 Participant, Continuing Legal Education on Human Trafficking.
5. August 6, 2013 Sponsor, The Americans with Disabilities Act: Amendments Act
Training on Title 1.
6. August 15, 2013 Participant, Best Practices with Interpreters at Hearings.
7. August 20, 2013 Participant, Iowa Civil Rights Act & The Irresistible Dental
Assistant.
8. August 20, 2013 Participant, Creative Corridor, sponsored by Diversity Focus.
9. August 21, 2013 Participant, Connecting Across Differences: Customer Service
for Diverse Consumers sponsored by the Iowa City Chamber of Commerce.
10. August 26, 2013 Fair Housing Advertisement placed in the University of Iowa
Daily Iowan University Edition for incoming students.
11. August 27, 2013 Hosted Student Legal Intern from the University of Iowa
College of Law for fall semester.
12. August 29, 2013 Advertised in Key Ad Clubs & Organizations Press Citizen for
Outreach and Education.
13. September 13, 2013 Presenter, Iowa’s Civil Rights Legacy: Justice Under the Law
for All, Community Leadership Program sponsored by the Iowa City Chamber of
Commerce.
14. September 11, 2013 Presenter, My Professional Identity: A Dialogue with Alumni,
at the University of Iowa College of Law.
15. September 27, 2013 Co-Sponsor, Iowa Women’s Music Festival.
16. October 1, 2013 Co-Sponsor, The Henrietta Lacks Story: A Discussion on
Gender, Race & Medical Ethics.
17. October 2, 2013, Participant, Fire Department Diversity: How to Create an
Inclusive Culture.
18. October 8, 2013 Updated Human Rights Commission information located in
United Way 2-1-1 Database.
19. October 17, 2013 Sponsor, Conference on Racial Justice & Disproportionate
Minority Incarceration.
4
20. October 18, 2013 Participant, Iowa Department of Human Rights: What it Does to
Help Underrepresented Iowans.
21. October 18, 2013 Attendee, Annual Awards Ceremony of The ARC of Southeast
Iowa. Commissioner Olmstead Received Recognition at the event.
22. October 24, 2013 Sponsor, 30th Annual Human Rights Awards Breakfast.
23. October 24, 2013 Attendee, United Nations Day Luncheon, Presenter Former U.S.
Representative Jim Leach.
24. November 1, 2013 Co-Sponsor, Resume & Job Application Workshop: Building
Blocks to Employment Job Fair.
25. November 4, 2013 (Week Of) Participant, International Visitor Leadership
Program on Disability Rights in America: Municipal Challenges and Responses.
26. November 5, 2013 Participant, Post 2015 Development Agenda sponsored by the
United Nations Association (Iowa Chapter).
27. December 10, 2013 Participant, Public Reading of the Universal Declaration of
Human Rights sponsored by United Nations Association (Iowa Chapter).
28. December 20, 2013 Attendee, University of Iowa Public Policy Center Housing &
Land Use Program Presentation on Increasing Affordable Housing in Iowa City.
29. January 13, 2014 Hosted Two Student Legal Interns from the University of Iowa
College of Law for the spring of 2014.
30. January 22, 2014 Participant, 5th Annual University of Iowa Off Campus Housing
Fair.
31. January 24, 2014 Participant, Overview of the Iowa Civil Rights Commission.
32. January 28, 2014 Fair Housing Advertisement placed in Daily Iowan’s University
of Iowa Rental Guide.
33. January 28, 2014 Presenter, Iowa’s Civil Rights Legacy to University of Iowa
Introduction to Human Rights Class.
34. March 4, 2014 Participant, Racial Equity in Our Cities: A Webinar on Strategies
& Opportunities for Sustainable Institutional Change.
35. March 17, 2014 (Week Of) Commissioner Andrea Cohen met with New York
City Human Rights Commissioner Patricia Gatling.
36. March 26, 2014 Presenter, University of Iowa College of Law Legal Exploration:
Living, Learning, Community class.
37. March 27, 2014 Advertisement placed in Iowa City 24/7 as Outreach & Education
on the Human Rights Commission.
38. April 1, 2014 Participant, Civil Rights Conference in Lincoln, Nebraska.
39. April 7, 2014 Brochures, Flyers and Outreach materials explaining the work of
the Human Rights Commission sent out to area social service agencies/providers
in both Spanish and English.
40. April 11, 2014 News Release to Iowa City Landlords to Stream or Download Fair
Housing Training Session via Cable Channel 4 in recognition of Fair Housing
Month.
41. April 18, 2014 Participant, Open Meetings & Public Records Update From A-Z.
42. April 23, 2014 Attendee, Building an Inclusive Community, One Neighborhood at
a Time sponsored by the Cedar Rapids Civil Rights Commission. Commissioner
Joe D. Coulter was a Presenter at the event.
43. April 25, 2014 Participant, Ethics, You and the Iowa Civil Rights Commission.
5
44. May 2014 Information on the Role and Function of the Human Rights
Commission sent to Marcia Bollinger, Neighborhood Services Coordinator, to
place in Neighborhood Newsletters.
45. May 2014 Joined National Fair Housing Alliance.
46. May 2014 Started Online Advertising on Discrimination and Your Rights in Iowa
City Press Citizen.
47. May 7, 2014 Participant, Advanced Title VII Issues: Current Trends in Disparate
Impact Claims.
48. May 8, 2014 Submitted Fair Housing Ordinance to Housing & Urban
Development (HUD) to become substantially equivalent to the Federal Fair
Housing Act.
49. May 13, 2014 Attendee, Citizens Police Review Board Annual Community
Forum.
50. May 14, 2014 Sponsor, 11th Annual Youth Human Rights Awards.
51. May 15, 2014 Participant, My Brother’s Keeper sponsored by the International
City/County Management Association and The National League of Cities.
52. May 20, 2014 Participant, Self-Employment/Business Startups for Low Income
Persons.
53. May 29, 2014 Attendee, Resolving Racial Disparities in Johnson County’s Youth-
Serving Systems Community Forum.
54. May 29, 2014 Advertisement on Human Rights Commission as part of Education
and Outreach in Iowa City Press Citizen Clubs & Organizations.
55. June 2014 Outreach and Education on Human Rights Commission placed as a
water bill insert to Iowa City residents.
56. June 2, 2014 Fair Housing Advertisement that runs on City Channel 4 translated
into Arabic & Mandarin.
57. June 2014 Know Your Rights Brochures translated into Arabic and Mandarin
available online as well as in print.
58. June 6, 2014 Participant, Latino Professional Development Institute Planning
Committee.
59. June 12, 2014 Sponsor, Diversity & Inclusion Training by Culture Friendly
Consulting, LLC.
60. June 14, 2014 Co-Sponsor, Johnson County Juneteenth Celebration.
61. June 16, 2014 Hosted Student Legal Intern from the University of Iowa College
of Law for the summer of 2014.
62. June 17, 2014 Fair Housing Advertisement placed in the Daily Iowan’s University
Edition for incoming students.
63. June 17, 2014 Co-Sponsor, Before You Know It screened at FilmScene.
64. June 21, 2014 Co-Sponsor & Participant, Iowa City Pride.
65. June 23, 2014, Participant, Civic Council for International Visitors to Iowa Cities-
Human & Civil Rights for All: A Sub-Regional Project for the Western
Hemisphere.
6
Overview of the Complaint Process
Title Two of the City Code (Human Rights Ordinance) prohibits discrimination in the
areas of education, housing, employment, public accommodation and credit. The
characteristics covered are: age, color, creed, disability, familial status*, gender identity,
marital status, national origin, presence/absence of dependents*, public assistance source
of income*, race, religion, retaliation, sex, and sexual orientation.
*Housing only. A person claiming to be aggrieved by a discriminatory practice or act
must file a complaint within three-hundred days of the alleged discrimination.
Staff of the Human Rights Commission investigate complaints alleging discrimination.
Staff serve as neutral fact finders and do not represent either party in the complaint
process.
1. Filing: The complainant (the person who alleges the discrimination) fills out,
signs and dates a complaint form.
2. Jurisdictional Review: A dated and signed complaint is reviewed by staff to
determine whether it meets the legal requirements.
a. If the complaint does not meet jurisdictional requirements, the
complainant is notified and the complaint is administratively closed.
3. Notice: Within twenty days of the file date a copy of the complaint is sent
certified mail to the respondent (individual/business/organization accused of
discrimination) along with a questionnaire and document request.
4. Answer: The respondent is required to provide an answer to the allegation of
discrimination and submit any requested records or relevant documents within
thirty days of receipt.
5. Right to sue: After the complaint has been on file for sixty days, the complainant
has the option of pursing the matter in a state district court. If this option is taken,
and all requirements have been fulfilled staff close the complaint and issue a right
to sue to the complainant. No further action is taken on the complaint by staff.
The issuance of a right to sue has no bearing on the merits of the allegations
contained in the complaint. It simply is an option the law grants to complainants.
6. Screening: All information is reviewed to determine whether further investigation
is warranted. If staff finds that there is a reasonable possibility of a probable cause
determination or the legal issues present in the complaint need further
development, staff promptly resume the investigation of the complaint. A
complaint determined by staff not to warrant further processing is
administratively closed. The complainant and respondent are promptly notified of
the administrative closure via certified mail. A complainant may object to the
administrative closure within ten (10) days of service by filing a written request
for review that states the basis for the objection. If, after review it is determined
7
that the complaint does not warrant further processing, staff will close the file and
notify the complainant and respondent via certified mail. No further action is
taken on the complaint.
7. Further Investigation: If the complaint is found to warrant further investigation
both the complainant and respondent may be interviewed and additional
documents/records requested. Witnesses and other persons with knowledge
concerning the allegations in the complaint may also be contacted and
interviewed. When the investigation is complete, staff analyze all the collected
information and write a Data Analysis & Complaint Determination with a
recommendation as to whether probable cause exists on the complaint.
8. Finding: The Human Rights Coordinator makes the final decision on whether
probable cause exists on each complaint.
a. If probable cause is found, the complaint will move to conciliation.
b. If probable cause is not found, staff informs both the complainant and
respondent of the decision.
9. Conciliation: The Human Rights Coordinator attempts to conciliate or resolve the
complaint.
10. Public Hearing: When conciliation is unsuccessful, the complaint file will be
reviewed by the City Attorney who shall form an opinion as to whether the
complaint is litigation worthy and make a recommendation to two
Commissioners. If both members of the Commission wish to proceed contrary to
the recommendation of the City Attorney, the Commissioners may authorize the
Human Rights Coordinator to proceed to a public hearing. A complaint found not
to be litigation worthy is closed.
FY 14 Complaint Statistics
Please note some complaints filed in fiscal year 2013 were closed in fiscal year 2014.
Some complaints which were filed in fiscal year 2014 had not been closed by the end of
fiscal year 2014, creating the difference in numbers between those opened and closed.
Most complaints filed cite more than one basis for discrimination and some more than
one area for the discriminatory conduct so totals will equal more than 38.
Complaint Activity
COMPLAINTS FILED BY PROTECTED CHARACTERISTIC
FY 2013 FY2014
Age 12 8
Color 11 5
Creed 1 3
Disability 15 181
1 9 cited mental disability, 2 physical disability, and 7 cited disability only.
8
Familial Status 2 5
Gender Identity 2 7
Marital Status 6 3
National Origin 6 6
Presence/Absence of Dependents 5 1
Public Assistance Source of Income 5 1
Race 21 17
Religion 4 4
Retaliation 20 11
Sex 14 12
Sexual Orientation 5 3
COMPLAINTS FILED BY AREA
Credit 1 2
Education 0 2
Employment 27 16
Housing 4 5
Public Accommodation 20 16
Total Cases 52 372
RESOLUTIONS
Mediated 5 2
No Probable Cause 9 5
Administrative Closure 9 11
Right To Sue 0 1
Lack of Jurisdiction3 3 0
Satisfactorily Adjusted 0 0
Withdrawn
Probable Cause
0 1
0 1
Total Number of Resolutions 29 21
2 37 complaints were filed in FY14. However, some complaints cite more than one area as the reason for
the discriminatory action. 41 reflects the number of all areas cited in each complaint.
3 ‘Lack of Jurisdiction’ refers to complaints that allege discrimination on a basis or in an area not covered
by local law. Lack of jurisdiction could also include complaints that allege conduct/activity that even if true
would not violate local anti-discrimination law. When applicable such complaints are referred to
appropriate agencies. Examples would include Wage & Hour violations or Family Medical Leave Act
violations.
9
Summary
Employment and public accommodation are the areas in which the most complaints were
filed (16 each), followed by housing (5) and credit & education (2 each ). Disability (18)
is the most common characteristic cited for the alleged discriminatory conduct. Race and
sex follow with (17) and (12) respectively.
In FY13 (27) complaints were filed in the area of employment, (4) in housing and (20) in
public accommodation. The characteristic cited the most for the reason for discrimination
in FY13 was race (21), followed by disability (15), and then sex (14).
FY 15 Activities, Trainings & Initiatives
Outreach to community groups and organizations to assess level of need and areas of
concern as it relates to discrimination.
Hold goal setting session for Commission.
Increase public awareness of the discrimination complaint process.
Hold fair housing training for applicable City Boards/Commissions.
Sponsor training on discrimination in places of public accommodation.
Sponsor fair housing training in recognition of fair housing month.
Participate in programs to educate the public on fair housing and illegal
discrimination.
Outreach to area landlords and management companies on fair housing and illegal
discrimination.
Collaborate with Community Development to identify impediments to fair housing.
Sponsor training on discriminatory lending for area banks.
Approved 7/15/14