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HomeMy WebLinkAbout03-04-2021 Ad Hoc Truth and Reconciliation CommissionAD HOC TRUTH AND RECONCILIATION COMMISSION TH U RS DAY, MARCH 4, 2021 Electronic Formal Meeting — 7:00 PM ZOOM MEETING PLATFORM Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by going to https://zoom.us/meeting/register/tJMvfuihpjMrHtZt7 pIKxgHaQ8ffBi6Ga1N via the internet to visit the Zoom meeting's registration page and submit the required information. Once approved, you will receive an email message with a link to join the meeting. If you are asked for a meeting or webinar ID, enter the ID number found in the email. A meeting password may also be included in the email. Enter the password when prompted. If you have no computer or smartphone, or a computer without a microphone, you may call in by telephone by dialing (312) 626-6799. When prompted, enter the meeting or webinar ID. The ID number for this meeting is: 972 9198 8142. Once connected, you may dial *9 to "raise your hand," letting the meeting host know you would like to speak. Providing comments in person is not an option. AGENDA: 1. CALL TO ORDER and ROLL CALL 2. APPROVAL OF FEBRUARY 18, 2021 MEETING MINUTES 3. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA Commentators shall address the Commission for no more than 5 minutes. The Commission shall not engage in discussion with the public concerning said items. 4. MAYOR AND MAYOR PRO-TEM - MEETING PROTOCAL 5. REQUEST TO CITY COUNCIL FOR EXTENSION OF BUDGET SUBMISSION 6. FORMATION OF A BUDGET SUBCOMMITTEE 7. CREATION OF A SUBCOMMITTEE TO REVIEW THE PRELIMINARY PLAN TO RESTRUCTURE THE IOWA CITY POLICE DEPARTMENT 8. FINDING NATIONAL EXPERTS ON SUBJECT MATTERS RELEVANT TO THE COMMISSIONS CHARGE TO SPEAK AT FUTURE MEETINGS 9. DISCUSSION OF CREATION OF BY-LAWS AND A PROCESS FOR COMMISSION MEMBERS TO FOLLOW DURING MEETINGS 10. CONSIDERATION OF A NO CONFIDENCE VOTE (NEW LEADERSHIP) 11. CORRESPONDENCE 12. COMMISSION ANNOUCEMENT Commissioners shall not engage in discussion with one another concerning said announcements. 13. STAFF ANNOUNCEMENTS 14. ADJOURNMENT If you will need disability -related accommodations in order to participate in this program/event, please contact Stefanie Bowers at 319-356-5022, Stefanie-bowers@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. p x damill 'm l7kr, 111,11, CITY OF IOWA CITY 4 10 Last Wi sli i ag# on Street Iowa Cite. Iowa 5 2 240- 18 (3 1 9) 3 5 6-5000 (3 1 ) 3 5 6-5009 FAX www.icgov.org AD HOC TRUTH AND RECONCILIATION COMMISSION MARCH 4, 2021 MEETING PACKET CONTENTS AGENDA ITEM #2 • DRAFT MINUTES OF FEBRUARY 18, 2021 MEETING. CORRESPONDENCE • CORRESPONDENCE FROM ROBERT ARCHER • CORRESPONDENCE FROM JOHN ENGELBRECHT PRELIMINARY MINUTES AD HOC TRUTH AND RECONCILIATION COMMISSION FEBRUARY 18, 2021 ELECTRONIC MEETING (Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting was held because a meeting in person was impossible or impractical due to concerns for the health and safety of commission members, staff and the public presented by COVID-19. MEMBERS PRESENT: ANTHONY CURRIN, AMEL ALI, RANEEM HAMAD, T'SHAILYN HARRINGTON, ERIC HARRIS, LAYANA NAVARRE-JACKSON, ROYCEANN PORTER, KEVIN JOHN RIVERA, MOHAMED TRAORE. STAFF PRESENT: STEFANIE BOWERS. CALLED TO ORDER: 7:03 PM APPROVAL OF FEBRUARY 4, 2021: Motion by Traore, seconded by Ali. Motion passed 9-0. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: Ala Mohamed identified as an IFR representative. Noted that Commissioner Hamad is not taken seriously by other Commission members and the TRC is not moving forward. MEETING ETIQUETTE: Etiquette Officer Traore shared the expectations for the meetings in terms of rules to follow, 1) Commissioners shall refer to one another by their titles, 2) Commissioners shall state their names prior to speaking, 3) Commissioners shall yield the floor when done speaking and, 4) Commissioners shall be respectful to one another and to the community during their meetings, 5) Commission members are to be at all meetings and take into account comments from the public/community. MEETING FORMALITIES: Porter mentioned that each Commissioner calling one another commissioner gets confusing and so she prefers to just call one another by first names. She also asked for Commissioners to wait for her to ask for a motion. Harrington thought the formalities may hinder the group and thinks that because relationships are being built between members calling each other by first names would be preferred. Currin mentions that to make it more organic Commissioners should address each other by first name. Ali moved and Currin seconded to use a more roundtable approach. Motion passed 9-0. FACILITATOR AGREEMENT: Ali would like to see the agreement read that the TRC will create the budget. Traore thinks the language should be changed to read the TRC will be giving the recommendations to the Council and not the facilitator. He has come up with a list of budget items and would like it be discussed at future meetings. Hamad thinks the budget language should be changed to ensure the TRC will be creating the budget. Porter said that the agreement can be sent 1 back to Jesse Case and that it can updated. Hamad would like to meet with the facilitator instead of just looking at this agreement. She also thinks that the agreement should have been made with TRC input. Hamad asked for three things to be included on the agenda for this meeting. Porter said they are not going to talk about this matter because it is not on the agenda and that there was a response sent to Hamad as to why the items were not added to the agenda. Traore asked TRC members to respect one another. Hamad said she is not trying to disrespect the process but was told she cannot have items added to the agenda. Porter said once there is a facilitator on board they can discuss Hamad's items. Porter moved on to next item on the agenda. DEFERMENT: RECENT LOCAL COURT DECISIONS AND THE IMPACT ON THE BLACK COMMUNITY IN JOHNSON COUNTY NEWS RELEASE: Staff reported that this is a placeholder on the agenda because the TRC decided at its last minute to wait to further discuss this once a facilitator was working with the group. CORRESPONDENCE: Hamad asked what was going to happen moving forward on the agreement. Staff said she took notes and will let Jesse/The City know. Harrington thought the mock up the spaces with the text were short but impactful. Currin likes the message that the spaces create to the community. Traore also liked the images. Staff said if Commission members wish to revisit the agreement that would be ok. Hamad had a clarification item for agenda item #5. Traore reminded that the TRC is on item 7. Harris did not want to go back and revisit item #5. Navarre -Jackson thinks it is a good idea to get involved in the mural process. Harrington asked whether the City has designated any other spaces that have blank canvasses for expressive art. Staff will follow up with Neighborhood and Development Services. Harris noted that in the South District they had a space to create a mural. Rivera points out to the public participants that there is a link in the correspondence to learn more and also provide feedback. He also asked if the TRC could reach out to Public Space One to see if they can get some of the results from the surveys as it is relevant to the work of the TRC. Porter went back to item 5. Hamad asked that the TRC meet with Jesse Case. Porter said this is the agreement that Jesse Case wrote up and that he is working with the TRC. Hamad asked if there are any records between Jesse Case and the City including with Geoff Fruin and the City Attorney to have a better sense of Jesse's vision. Porter asked Hamad if she had a different proposal. Hamad wants the opportunity to probe Jesse, also to discuss transformative justice and that he is responsible to the TRC not the City. Staff asked if Hamad was making a motion to have Jesse Case to come the next meeting for an interview, the motion was seconded by the Traore. Motion 5-4. Currin, Harrington, Harris, Porter in the negative. Porter is confused as to why the TRC keeps going backwards. Currin feels the TRC should be even- handed. He noted that the contract is with the City and not the TRC. Harris feels that the TRC already voted on this and wonders how it come back up. Ali said it would not be an interview. Hamad said it cannot be an interview because he has already been chosen and that it is an opportunity to have a discussion with him since it was not done when he was selected. She thinks it will also benefit the community. Traore agrees with Hamad. Porter says this is not the TRC money nor does the TRC sign anything. Everything will go through the Council. Traore wants to discuss the budget at the next meeting. Harris thinks it still sounds like an interview and the TRC cannot move forward due to obstructions. Ali knows Jesse Case very well but not everyone knows Jesse on the Commission or in the community. She thinks it is fair for the TRC to have the ability to ask questions of him. Currin wants to be even- handed. Porter does not think the public has anything to with who is selected as the facilitator the TRC chose the facilitator and that Ali goes back and forth and it is confusing to her. She further states that this is not how Robert's Rule work, this is not how a meeting is supposed to go. There was discussion between TRC members as to whether to allow public comment on this agenda item. Emelia Roberts (public participant) agrees that the TRC should look into Jesse Case. The public wants to know who Jesse Case is. Ali wants to clear the air about her flip flopping. She voted for Jesse and thinks that it is fair for him to be questioned. She thinks that the people who are doubters of Jesse will have the opportunity to meet with him. Currin does not think it is within the TRC purview. He further thinks this conversation with Jesse was always going to happen and that it would be on the day he starts. Kimberly Lanegran (public participant) noted that it did not sound like everyone (TRC) was comfortable with his (Jesse) services. Hamad would like to wait to send the agreement for Council consideration until the meeting with Jesse is completed and also would like the budget proposal discussed at the next meeting. Porter says that this was discussed at the last meeting. Ali asks staff to repeat what was said earlier. Staff responded that at their meeting on February 4 the TRC voted to have Jesse serve as facilitator, and then that this evening the TRC voted to interview Jesse and that the discussion at this point should be more directed at the agreement. Harris says when the TRC keeps saying we need to move forward they then go backwards and delay items. It is due to things being brought up after decisions have already been made. Hamad said it is more asking about the specific questions of Jesse's agreement before it goes before the Council. She also said that TRC staff does not have the same power as the facilitator. The facilitator will also have a lot of contact with the community. Porter if you look at 2B in the agreement she doesn't understand what the confusion is about on the agreement. She reminded TRC members that there is a time line that they need to have a budget proposal to Council and that the TRC is running out of time. Traore says he has a budget proposal already completed. Porter says that Traore's budget proposal can be on the agenda for March 4. Hamad asks if she can add her items to the next agenda for the next meeting on March 4. Harrington states staff does not decide what goes on the agenda, it is the Chair and Vice Chair. Staff interrupts and reminds the TRC that this is not an agenda item to be discussed at this time and that you have to stay on task with the agenda and that the next item is announcements of Commissioners. ANNOUNCEMENT OF COMMISSIONERS: Traore says that as a public official he represents the public and the City. Ali mentioned the last Council meeting and a topic on the Preliminary Plan to Restructure the Police Department and encouraged other TRC members to look at the recommendations and send any comments on it to the Council. Harris asks TRC members to practice unity. Hamad wants to put on the record that things cannot go on the agenda without the Chair and Vice Chair approving and feels like she is being muzzled. STAFF ANNOUCEMENTS: Staff reminded Commissioners to use the City's subscriber list to receive notice of the agenda and packets. Also clarifies that a person can send anything as correspondence for a meeting packet and that moving forward there should be some training on Robert's Rules. Porter does not want to go back to public comment. Traore and Hamad do not agree. Harris calls for a motion on it. Rivera would also like to hear what the public has to say. Ala Mohamed (public participant) believes when the public can and cannot speak should be made clear. Emelia Roberts (public participant) is a member of the community and everyone's opinion is valid. Oliver (public participant) reports the conduct is extremely disrespectful of some TRC members. Jaylene (public participant) maybe the TRC could rebase on unity. Harris listened to everything everyone said and ... Ali says they cannot respond to the comments from the public. MOTION TO ADJOURN: 9-0. Currin moved seconded by Ali. Motion passed 9-0. MEETING ADJOURNED AT 8:46 PM. 4 N � � N �O O � � N N N M � � N N � � N � N N N 00 M � N M 00 N N N � 0 0 N N N N N N N N N N N W C� PLO H Man From: Robert Archer To: Stefanie Bowers Subject: TRC Date: Friday, February 19, 2021 10:24:14 AM zI Good morning Stefanie, I am an Iowa City resident who recently became aware of the Truth and Reconciliation Commission. I support the duties and charges of the Commission as stated on the website and support the aims of the Black Lives Matter movement. I would like to comment that I think it also important that the losses of native peoples in this region be acknowledged, and am hopeful that the Commission will acknowledge this issue in some way. Thank you, Robert Archer 184 Prairie Hill Ln, Iowa City, IA 52246 From: John Engelbrecht To: AdHocTruth Subject: Black Futures mural in dwtn IC Date: Monday, February 22, 2021 1:33:35 PM z! $K Dear Ad Hoc TRC, I believe the survey we have begun conducting for the dwtn IC mural (for Black futures) was circulated at the last TRC meeting. I am writing to offer a conversation with our team as we look to the next several weeks that will find us continuing to put this survey out to the IC community at large and planning live community forums on the topic. We'd be more than interested to work with your group in making these events as informative and supportive as possible and believe we are working towards very much the same goals. Thanks for your feedback, time, and service to our community. http://www.publicspaceone.com/oracles-ic-survey • • • John Engelbrecht Director \\ Public Space One c: 319.331.8893 w: aublicsaaceone.com PSI runs because a lot of people gLve p x damill 'm l7kr, 111,11, CITY OF IOWA CITY 4 10 Last wi sli i ag# on Street Iowa Cite. Iowa 5 2 240- 18 (3 1 9) 3 5 6-5000 (3 1 ) 3 5 6-5009 FAX www.icgov.org AD HOC TRUTH AND RECONCILIATION COMMISSION MARCH 4, 2021 MEETING LATE HANDOUT(S) • CORRESPONDENCE FROM MARCIA BOLLINGER RE: PUBLIC SPACES • DRAFT BUDGET PROPOSAL FOR TRC FROM COMMISSIONER TRAORE • MEMO ON CONSIDERATION OF A NO CONFIDENCE VOTE (NEW LEADERSHIP) FROM CITY ATTORNEY ELEANOR DILKES From: Marcia Bollinger To: Stefanie Bowers Cc: Tracy Hightshoe Subject: RE: Public Space Date: Wednesday, March 3, 2021 3:50:26 PM Hi Stephanie — We're actually in the process for inventorying all City properties and facilities to see what spaces might be available for public art....both 2 and 3 dimensional. Primarily we're wanting to create a list of locations available for temporary art installations so that local artists have display space and it can be rotated out regularly to keep it fresh. This could take a few months to get completely compiled and ready for distribution. Permanent mural space is always at a premium. There are a couple locations that have been discussed recently —the Solid Waste building at 1306 Gilbert Ct. and airplane hangars at the airport. If a mural would be proposed by an individual or a group for these locations —and if they have the funding in place for the mural —the proposal would need to be reviewed and approved by the Public Art Advisory Committee. If they are also looking for funding, they could look at the Public Art Matching Fund program (www.icgov.org/publicart) Because locations are in such high demand, we typically would put out a Call to Artists to allow for all interested artists to propose a project but under some circumstances that can be reconsidered. Hope this helps! Let me know what questions you have. Marcia 319-356-5237 From: Tracy H ightshoe Sent: Tuesday, March 2, 2021 7:15 PM To: Stefanie Bowers <Stefanie-Bowers@iowa-city.org>; Marcia Bollinger <Marcia-Bollinger@iowa- city.org> Subject: RE: Public Space believe so but Marcia probably is best contact as she staffs the public art committee. I'm not sure if the places we have are reserved for something. Marcia, can you assist? Thanks, Tracy Sent from my Verizon, Samsung Galaxy smartphone --------Original message -------- From: Stefanie Bowers <Stefanie-BowersPiowa-city.org> Date: 3/2/21 6:22 PM (GMT-06:00) To: Tracy Hightshoe <Tracy-HightshoeC@iowa-city.org> Subject: Public Space Tracy, Does the City have any designated spaces that are like blank canvasses for expressive art? Similar to the mural that was done on the building in the South District. Thanks, Stefanie TIRO Budget Proposal (Draft) - by Commissioner Mohamed Traore 1. Designate $200,000 to donate to a set of 15-25 community programs in the Iowa City/ oralville/North Liberty area — with a particular focus on programs of housing assistance, youth leadership, rental assistance, financial literacy and food insecurity. a.. Public input is to be heavily weighted in the discussion of the community programs that truly need these funds the most. . Designate $67,500 to divide between Liberty High School, Iowa City High School and Iowa City West High School for a scholarship fund — each school receives three $1, 00 scholarships (per year, for a period of years) for students that want to attend trade schools; pursue certificate programs in business/entrepreneurship, graphic media or design, or computing; or to attend community collage. 3. $65,000 to pay for high-speed internet for 2 years for low-income families in Iowa City and the surrounding area (i.e Coralville, North Liberty, Tiffin, West Branch, Solon) . $30,000 to help fund the purchasing of graphic design software and tools for junior high and high schools in the Iowa City Community School District . $200,000 in initial funding for a community center housed in one of the currently empty business locations in downtown Iowa City, or the south district of Iowa City, where anyone can go for financial literacy education (provided by volunteers from the business community, university students, and/or any community member that is willing to teach) -- include 20 desktop computers in the center for use by attendees to be able to apply for jobs, study whatever they may need (i.e graphic design, social media management, coding, entrepreneurship, investing, tax preparation, standardized test preparation). . $25,000 to pay off outstanding bonds for a select group of individuals currently charged with nonviolent crimes, and with no history of violent crimes in the last 5 calendar years, bung housed at the Johnson County jail. 7. $7 , 00 to help fund counseling services, substance abuse and drug intervention programs for residents of the Iowa City metro area. All of the aforementioned budget proposals are subject to change, prior to submission to the city council, based on input from the community in TRC meetings, and the ideas provided by the entirety of the TIRO board. I would also like to discuss a rental assistance program for those in poverty who are behind on rent, and to perform a formal cost -benefit analysis study on the construction of a small communal group of home for the house -less in the Iowa City area, where they can receive free or subsidized drug treatment, counseling services, and the means to get back on their feet and find steady work. *The remaining funds in the $1 million budget -allocation, after deducting the explicitly started dollar amounts in the 7 budget proposal items listed in this document, would amount to 7,500. These funds would be reserved for payments to Truth & Reconciliation process experts,. historians, the TR Facilitator, and for any other staff payments or unforeseen costs that may arise through the duration of the Truth & Reconciliation Commission. City of Iowa City MEMORANDUM Date: March 4, 2021 To: Truth and Reconciliation Commis n From: Eleanor M. Dilkes, City Attorney Re: TRC - March 4 agenda item - Consideration of a No Confidence Vote (New Leadership) This memo will address the procedural issues presented by the above -referenced item on the TRC's March 4 agenda. The answers to the questions are not clear and the issues presented are novel for the City. The TRC does not have bylaws or rules of procedure. The City Council, after consideration by the board/commission and the Rules Committee adopts bylaws for permanent boards/commissions. This has not been the practice for ad hoc commissions but given the procedural challenges that have arisen to date, it is good to see that the Commission's March 4 agenda includes a discussion of creation of bylaws and a process for members to follow during meetings. In the absence of an applicable rule Roberts Rules of Order are often looked to as the default authority on procedural matters but are not binding here. Roberts Rules and interpretations of them provide the following guidance: Vote of No Confidence. The term "vote of no confidence" is not used or defined anywhere in Roberts Rules of Order Newly Revised 12th Ed. (2020), and there is no mention of any motion for such a vote. "However, this does not mean that an assembly cannot adopt a motion, if it wishes, expressing either its confidence or lack of confidence in any of its officers or subordinate boards or committees. Any such motion would simply be a main motion and would have no effect other than to express the assembly's views concerning the matter. A vote of "no confidence" does not -- as it would in the British Parliament -- remove an officer from office." hftps--//robertsrules.com/freguent[y-asked-guestions/#fags (FAQ7); https://www.canr.msu.edu/news/is a note of no confidence right for our group - "New Leadership The reference to new leadership in the agenda item as well as the press accounts and statements made by members of the public at the City Council meeting on Tuesday suggest that what the Commission may be contemplating is not a vote of no confidence, but rather, a motion to remove the Chair. If such a motion were made Roberts Rules provides: Except as the bylaws may provide otherwise, any regularly elected officer of a permanent society can be removed from office by the society's assembly as follows: If the bylaws provide that officers shall serve "for _years or until their successors are elected," the officer in question can be removed from office by adoption of a motion to do so. The vote required for adoption of this incidental main motion is (a) a two-thirds vote, (b) a majority vote when previous notice (as defined in section 10:44) has been given, or (c) March 4, 2021 Page 2 a vote of a majority of the entire membership, any one of which will suffice. If, however, the bylaws provide that officers shall serve only a fixed term, such as "for two years" (which is not a recommended wording; see 56.28), or if they provide that officers shall serve for "for years and until their successors are elected," an officer can be removed from office only for cause — that is, neglect of duty in office or misconduct -- in accordance with the procedures described in 63; that is, an investigating committee must be appointed, charges must be preferred, and a formal trial must be held. (Emphasis added) RONR, ed. 12 p. 684 Sec 62:16. Of course, the difficulty here is that the TRC doesn't have any bylaws. However, the Council has given the TRC the ability to select its Chair, there is no restriction on the ability to change Chairs, and therefore, the first example appears to be applicable. It allows removal b of three pp y one ee methods: as not applicable for the May 4 meeting as section 10 requires that previous notice must indicate the "exact content'1 of the motion. With respect to (a) the meaning of 213 vote is not clear. See Sections 44:3 and 44:10. That said, Section 62.16 allows a Grote to remove an officer by any of the 3 methods, the last of which is a majority of the entire membership, which in the case of the TRC would be 5 votes. It bears noting that because the TRC has been given the authority by Council to choose _ its own Chair, �t has the authority to remove the Chair. It does not have the authority to remove members from the TRC. That authority resides with the City Council per Iowa Code Section 372.15 Vice Chair Common understanding of the term "Vice -Chair" as well as Roberts Rules (Section 47:111 12 ed. p. 493) would say that upon removal of the Chair the Vice -Chair would assume the role of the Chair absent further action by the Commission.