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Human Rights and Diversity - 03/10/2011 APPROVED MINUTES EDEN PRAIRIE HUMAN RIGHTS AND DIVERSITY COMMISSION THURSDAY, MARCH 10, 2011 7:00 P.M., 125 EDEN PRAIRIE CENTER Office of Housing and Human Services COMMISSION MEMBERS: Pam Spera(Chair), Marcy Harris (Vice Chair), Peter Huck, Linda Crawford, Lauren Juergensen, Gayle Sanders and Robert Rozanski STAFF: Molly Koivumaki, Manager- Housing and Community Services; Heidi Wojahn, Recorder STUDENT REPRESENTATIVES: Alex Borsch, Clayton Carlson, He Li GUEST: Janet Jeremiah, Director - Community Development I. CALL TO ORDER/ROLL CALL Chair Spera called the meeting to order at 7:00 p.m. Commissioners Linda Crawford, Marcy Harris, and Lauren Juergensen and Student Representative Alex Borsch were absent. Introductions were made. II. APPROVAL OF AGENDA Rozanski recommended reversing the order of Old Business and Reports of Staff as previously requested by Koivumaki in order to conduct business before Huck's early departure. Amended agenda approved by informal consent. III. MINUTES There was a brief discussion clarifying what took place during the Reports from Commission Members portion of last month's meeting. Spera said she was relaying what she had seen on television reports rather than stating her own opinion. MOTION: Huck moved, seconded by Sanders, to approve the February 10, 2011 minutes. Motion carried 4-0. IV. NEW BUSINESS A. HUMAN RIGHTS AWARD NOMINATION - Koivumaki Sharon Peterson nominated the PROP Souper Bowl Event Committee for the non- profit organization category. Public and private schoolchildren joined forces to create pottery bowls and donated them to People Reaching Out to Other People (PROP). Koivumaki attended the event at Central Middle School which she HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES March 10, 2011 Page 2 described as "heartwarming" and "joyful". The Eden Prairie Community Band provided music. Turnout was good with a wide range of people in attendance. Attendees received Styrofoam cups of soup to insert in pottery bowls they purchased at the event. There was also more expensive pottery available for sale and a silent auction. The event raised over$10,000. MOTION: Rozanski moved, seconded by Sanders, to accept this nomination in the non-profit organization category for the Human Rights Awards. Motion carried 4-0. The award will be presented at a Council meeting in April or May. V. OLD BUSINESS A. DOMESTIC PARTNER REGISTRATION - Rozanski Based on research Koivumaki had done earlier and follow-up inquiries made by Rozanski, there are several communities with a Domestic Partner Registry. The ordinances among them are virtually identical with minor differences in the applications and filing fees. Of the communities responding, it was reported there are not very many registered, not all are same-sex couples, and the program is not difficult to administer. All issue a certificate to each of the two partners and have gotten a lot of goodwill from their respective residents, with the exception of Rochester where laminated wallet cards are issued and the mayor reported getting a little bit of negative feedback in the beginning. It does not appear to be legally controversial, and the fees are used to compensate the costs of administering the program. Jeremiah said she had received some questions about the value of implementing a registry. It seems to be self-reporting, and many benefits were listed in the packet. Rozanski noted a couple communities had inserted "domestic partner" into the litany of relationships outlined in their sick leave policies,but most did not. Spera questioned whether this would violate the State law Koivumaki mentioned disallowing municipalities from offer domestic partner benefits to employees. She believes there is an executive order domestic partners cannot be forbidden from visiting their significant others in hospitals. Having a card to carry might help facilitate this. Koivumaki liked St. Louis Park's disclaimer and its placement on the front page of the application. All expressed favor in the laminated wallet cards and in moving forward with a proposal,but there were questions about the logistics of the process. Koivumaki explained the City Manager will be advised of the Commission's wishes and Council notified so it becomes a future agenda item in the form of a presentation by an HRDC representative. The fee schedule would be City-approved and set by the Clerk's office. Jeremiah added a decision would be made on whether or not there is a need for a workshop. It would also be published and a hearing would be held. HRDC should stick to policy issues pertinent to its mission and leave the HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES March 10, 2011 Page 3 particulars to the City. Rozanski's understanding is if the City decides to move forward with this, they would assign staff and attorneys to come up with final wording for the ordinance and forms they wish to use. MOTION: Rozanski moved, seconded by Spera, to submit a domestic partner registry proposal to City Council via the City Manager and to assign himself to make appropriate revisions to the accompanying letter for review at the next HRDC meeting. Motion carried 4-0. B. MANIFESTO WORDING CHANGE - Rozanski Rozanski's purpose in preparing his proposal was to clarify discussions that took place during previous HRDC meetings as well as to provide answers in terms of whether or not the Manifesto has to list protected groups as the State does. It also provides term definitions for further clarification. While he believes the intent was to be inclusive of non-religious people,his quest is to make sure it is clear and to point out it is not defined that way in other contexts. He solicited feedback from the other commissioners as to how they wanted to proceed. Sanders said she believed the original intention was to include the non-religious and did not see the need to amend the document; however, if it was changed, she could live with adding "or non-religious". Huck agreed. When he first read it, he believed "or lack thereof" was implied within "regardless of religious affiliation" and didn't see the need to make changes. Upon further discussion and reviewing the packet, he finds Rozanski's point compelling. If the non-religious are feeling marginalized, a grammatical change should be made to make it less intrusive. It comes down to the words on the page and this is a vital document. Any changes should be minimal. "Secular" or"non-religious" is ok with him. Spera debated "regardless of" encompasses "or lack thereof" for"physical or mental ability" and "sexual orientation"just as it does for"religious affiliation". If"religious affiliation" is amended, the same would need to be done for the others. Words lose their power when they get too cumbersome. Upon doing research on prohibition and discrimination under Title VII, one court after another interpreted religion to include "the lack thereof". That is the language used in high courts. Quoting the Seventh Circuit out of Wisconsin, 2003: "Religion or lack thereof as we have noticed is, in the eyes of the law, a form of religion". Other relevant language: "Religious freedom includes the freedom to reject religion. Religion includes antipathy to religion, and so an atheist cannot be fired because his employer dislikes atheists. If we think of religion as taking a position on divinity, then atheism is indeed a form of religion". In addition, in the context of being Dr. Jean Harris' legacy, the document should be left alone unless there is something startlingly wrong needing to be fixed. Rozanski said he doesn't believe the Manifesto was intended to be a legal document but rather a statement of intent or position that a community layperson can read and understand. It would be inappropriate to add an asterisk stating what the law says. Spera replied courts protect Title VII language which states one HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES March 10, 2011 Page 4 cannot be discriminated against on the basis of religion. Between the courts' interpretation and the term"regardless", it is clear "the lack thereof' is encompassed within. While not offensive, it is not necessary to add it. Huck described Harris as a visionary always looking forward. She would not hold her document so sacred she would be opposed to it being updated. The Commission ought to be looking into matters such as these. HRDC is just making a recommendation; Council can oppose it. Huck, Sanders and Carlson were in agreement they did not view physical and mental ability the same as religious affiliation. Huck requested input from the students. Carlson said despite viewing the Manifesto as Harris' legacy,he didn't believe it would tarnish it too much to make a small change. If it helps a particular group feel slightly more included, a change would be for the better. Li said he thought the legacy was a good point. A change is not necessarily in order, but a small change would not be a big deal. He asked what the downside is to using "worldview". Rozanski admitted it was a relatively new term and might be less saleable. Huck and Sanders both thought using "worldview" would change the Manifesto too much when the point is just to make a grammatical clarification. Sanders added "religious" and "worldview" mean different things to her. Jeremiah said the process for this would be similar to the Domestic Registry with the addition of having the City attorney weigh in. The options are to do nothing, reaffirm the existing language, or propose an amendment. Huck requested Koivumaki's input. She stated it is worthy of asking the question but expects it could go either way. MOTION: Rozanski moved, seconded by Huck, to propose to City Council an amendment to the Manifesto as outlined in Rozanski's memo with another motion regarding proposed language to follow. Motion carried 3-1-0 with Spera opposed. Huck said the packet swayed him to change his mind in favor of the amendment and thought Council should have the same information and multiple options from which to choose for proposed language. Rozanski offered to remove the "worldview" language prior to submitting to Council. Jeremiah stated it would be helpful to have consensus on a specific recommendation before presenting to Council. MOTION: Sanders moved, seconded by Huck, to add the language "or non- religious"between the words "religious" and "affiliation" as the proposed amendment to the Manifesto. Discussion ensued with Spera preferring "or lack thereof'. "Non-religious" is synonymous with "secular" and could potentially be associated with negative connotations. Sanders opinion was that should be left up to the City attorney to determine. Jeremiah again advised commissioners to think in terms of the group's mission rather than legal issues. HRDC can move the HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES March 10, 2011 Page 5 proposal forward to Council even if the attorney's recommendation is to not make changes. Motion carried 3-1-0 with Spera opposed. Spera thanked Rozanski for his work on this matter. Huck departed the meeting at 8:10 p.m. VI. REPORTS FROM STAFF - Koivumaki A. HUMAN SERVICES REVIEW COMMITTEE (HSRC) No report—HSRC did not meet. B. BIAS CRIME ACTIVITY STATUS A home was burglarized on March 9 in the 17300 block of Evener Way. Numerous electronic items were taken. The suspect(s) spray painted "die N---ers, f--- you" and two smiley faces on the living room couch. The victims, who are black, did not request HRDC assistance. The case is still under investigation. Koivumaki will contact the family in the near future to see if the Commission can offer any help. C. OTHER REPORTS FROM STAFF 1. Board and Commission Banquet The annual Board and Commission Banquet is set for Wednesday, May 11 in the Garden Room at City Center. Invitations are forthcoming. 2. "Who Are Your Neighbors?" Series HRDC and Koivumaki's division are co-sponsoring this event with Community Education and Eden Prairie Reads on Tuesday, April 26 in the Heritage Room at City Center. Eden Prairie Reads has selected a book called Outcasts United, a true story of how one town used soccer to unify a large influx of refugee children in one small American town. Patricia Fenrick, Community Services Coordinator—Office of Housing and Community Services, will be moderating a panel discussion of four immigrants. Commissioners are needed to attend the event to serve as roundtable discussion facilitators and will be emailed the specifics. Koivumaki will be presenting a short piece to Council on Tuesday about this event. 3. New Commissioners New commissioners PG Narayanan and Zina Nourkadi were appointed to HRDC with their terms beginning in April. They replace Harris and Juergensen whose terms are expiring. Harris has been a big asset to the group. HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES March 10, 2011 Page 6 4. Best Buy Grant Balance is $5.10. VII. REPORTS FROM COMMISSION MEMBERS None VIII. FUTURE MEETINGS/EVENTS The next HRDC meeting will be Thursday, April 14, 2011, 7 p.m. at Eden Prairie Center, Room 125. IX. ADJOURNMENT MOTION: Sanders moved, seconded by Rozanski, to adjourn. Motion carried 3-0. Chair Spera adjourned the meeting at 8:22 p.m.