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Human Rights and Diversity - 08/04/2011 APPROVED MINUTES EDEN PRAIRIE HUMAN RIGHTS AND DIVERSITY COMMISSION THURSDAY,AUGUST 4, 2011 7:00 P.M., 125 EDEN PRAIRIE CENTER Office of Housing and Human Services COMMISSION MEMBERS: Pam Spera(Chair), Peter Huck (Vice Chair), Linda Crawford, Gayle Sanders, Robert Rozanski, PG Narayanan, and Zina Nourkadi STAFF: Molly Koivumaki, Manager- Housing and Community Services; Heidi Wojahn, Recorder STUDENT REPRESENTATIVES: Alex Borsch, Clayton Carlson, He Li I. CALL TO ORDER/ROLL CALL The meeting began at 7:03 p.m. Commissioner Crawford and Student Representatives Alex Borsch, Clayton Carlson, and He Li were absent. II. MANIFESTO WORDING CHANGE Rozanski presented a PowerPoint he and Koivumaki prepared to go before Council in a workshop session on August 16 and then asked for input. Huck commended Rozanski for job well done and inquired whether or not the reference to the Boy Scouts of America (and other items) in Rozanski's accompanying memo would be included in the presentation or if the memo would be used as a resource to address follow-up questions from Council. Rozanski said he wasn't sure whether or not to do this but was willing to entertain the idea if others thought it would be a good idea. Sanders asked if Council would have an opportunity to preview the memo prior to the workshop. Koivumaki replied affirmatively. Spera took issue with the memo, in general, explaining it struck her as Rozanski's personal analysis of the whole issue adding she did not recall HRDC discussing much of the content in the memo or approving sending that particular letter(in its current form) to Council. The memo paraphrases her thoughts while dismissing them at the same time. Rozanksi explained he originally wrote the memo to the Commission from him which was subsequently discussed at one or two meetings. He made changes to the memo based on what was discussed and decided at those meetings resulting in the current version. Koivumaki explained the memo was never sent to Council because the City Manager advised holding off until the item went to workshop. Huck said this was his recollection, as well. Spera said she assumed it had gone to Council based on the date of the memo and felt it was not a memo from HRDC,but rather a memo from Rozanski giving only one commissioner's recollection of what occurred. She does not want her name on the memo. Huck said if the Commission voted to submit the letter, despite Spera's dissenting vote, it is still a Commission decision and Spera's name should remain on the letter as HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES August 4, 2011 Page 2 Chair of the Commission. Spera objected strongly arguing if a synopsis of HRDC discussion is to be presented to Council, the official meeting minutes would be a more accurate reflection of what took place. In the rare event the HRDC were to submit one commissioner's synopsis, it would need to approve that specific letter. Nourkadi stated she was not yet a commissioner at the March meeting when the Manifesto was discussed, but perhaps the memo could be revised to include all views or be abbreviated to only include relevant portions of the minutes so everyone can be comfortable with the content. Narayanan asked the commissioners to consider whether or not the memo is even helpful in reaching their goal. Rather than sidetrack or confuse the issue,perhaps the PowerPoint on its own will suffice, and the discussion portions of the meeting don't necessarily need to be part of the presentation. Any valuable information from the memo could be included in the PowerPoint, either in the body or as a reference slide at the end of the presentation. Spera restated her discomfort and disagreement with the content of the memo and suggested submitting the memo from Rozanski only, along with the meeting minutes, and a short memo from the Commission mirroring the presentation. One point of contention, in particular, is the reference to choosing the common usage definition of "religious affiliation" over the legal definition. As an attorney, she cannot fathom the concept of asking a governmental body (City Council) to pass a manifesto, which is a promise to the community that has the force of law, yet to discount legal definition. MOTION: Narayanan moved, seconded by Huck, to forward only an amended version of the two PowerPoints and possibly relevant public documents (such as a newspaper article about another city adopting a domestic partner registry) to City Council prior to the August 16 workshop. Discussion ensued whether it was appropriate to include copies of the minutes and a cover memo outlining the attachments. Koivumaki explained the City Clerk uses a prescribed format outlining what Council receives in workshop packets so a cover memo from HRDC probably isn't necessary; thus, the decision remained to stick with just the PowerPoint and public documents. Motion carried 6-0. Other than Narayanan requesting to add titles to slides currently lacking them and to either add or remove periods so all bullet points are consistent, commissioners proceeded to make the following changes to the PowerPoint presentation: Slide#5—revise first bullet point to read "Why These Issues?" and move it to the title portion of the page. Remove "Ongoing mission of the HRDC to be proactive in" from the second bullet point, move the second part of the last bullet point to the previous bullet point, and add the word "to" at the beginning so it reads "To keep the Council informed about issues relevant to a flourishing and inclusive community". Remove "updating" from the beginning of the last bullet point and move "to keep" to the beginning of the line to read "To keep the Manifesto a living document". Huck noted the differences in terminology used on the chart between the State and the City. The terms used by the City seem well-suited for a public document and are more positive. Spera said she is trying to jump on board,but if HRDC wants this to pass they need to seriously consider the ramifications of the language "non-religious affiliation". As Koivumaki reported at a previous meeting, the City Attorney explained "non-religious HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES August 4, 2011 Page 3 affiliation" would include a number of groups with negative connotations. Sanders and Narayanan stated the language had already been voted on and shouldn't be debated further. The focus, at this point, needs to stay on the presentation. Slide#7—remove the words "so as", and "and expand the exclusionary verbiage of to read "Amend the Manifesto to clarify the term `religious affiliation'. Slide#8 —remove "s" from "affiliations", add "regardless of before "religious affiliation", and change "does" to "may". Remove "explicitly", "secular people", "or with unaffiliated religions" and the parentheses and comma. New sentence to read "The phrase `regardless of religious affiliation' may not encompass people with no religion." Slide#9 - add "regardless of before "religious affiliation", remove "some technical", and change "definition" to "interpretation". Replace "in terms of with "by„ Slide#10—replace "MN list of protected classes" with "specific language used in the Minnesota Human Rights Act". Replace "Manifesto's list" with "language in the Manifesto" and eliminate the comma and "so we would not be deviating from an established format". Rozanski and Narayanan wondered whether or not Slide 10 and subsequent slides relating to the difference in terminology were essential to the presentation. Huck felt the side-by-side comparison between the City and State was compelling, and Koivumaki added the slides were included because this point was brought up by the City Attorney. Spera questioned why both creed and religion were listed under Minnesota Statutes thinking perhaps they had similar meaning and were thus redundant. Sanders apologized in advance for not being able to attend the workshop and departed the meeting at 8:28 p.m. Slide#11 —replace question marks on chart with dashes. Rozanski asked if the three options should be included in the presentation or just the one chosen by the Commission. Narayanan commented it was important to give options,but not necessarily the reasons for each. Narayanan departed the meeting at 8:38 p.m. Spera and Nourkadi were in favor of including more options than just the three given. One of the options previously discussed was "or lack thereof. Another option Spera suggested was to narrow the term to "atheism"in order to avoid having the Manifesto apply to those with evil affiliations. Rozanski stated this would not be inclusive enough for all the different existing belief systems. Koivumaki reminded the commissioners that the purpose of the workshop was purely informative and no formal action would be taken that evening by Council. HUMAN RIGHTS AND DIVERSITY COMMISSION MINUTES August 4, 2011 Page 4 III. DOMESTIC PARTNER REGISTRY Rozanski asked Spera if she would be the primary presenter for the registry proposal at the workshop. She agreed provided she does not have to teach class that evening. Rozanski distributed a slightly revised version of the Domestic Partner Registry cover memo. It has been changed to include three cities that have recently instituted a domestic partner registry. A chart has been added listing participating cities, costs, and number of people registered. The third paragraph is also new which references a relevant Minnesota Public Radio news story. Prior to going through the rough draft of the PowerPoint, Rozanski explained the language contained within was borrowed from cities which have already adopted registries. After the presentation was complete, the following changes to the PowerPoint were proposed: Slide#5 — add "s" after"person" and add "Honors all partnerships that fall outside the traditionally accepted husband-wife model" to the bottom of the slide. Slide#6— add years of establishment to all cities on the chart for which information is available. Nourkadi asked for clarification on benefits. Rozanski explained the State of Minnesota prevents municipalities from offering same-sex benefits to employees; however, other companies have the choice whether or not to offer these benefits to their employees. While the information about how the program pays for itself and involves minimal work for clerks is not included within the PowerPoint, this information will be shared during the presentation. In the interest of time, it was determined the issue of termination of relationship would not be addressed unless raised. Several cities require applicants to terminate registration if the partnership dissolves for whatever reason. It is non- transferable (should the applicant change partners) and a fee is charged for termination. Slides#7 & 8—eliminate both slides in their entirety. Slide 7 implies there could be something illegal or unethical about domestic partnership. Council will be given copies of the registration forms used by other cities but not a copy of the memo. There was discussion about the definition of domestic partnership; some understood it to mean same-sex couples only, while others clarified it covers opposite-sex non-married couples as well. The issue is not to be confused with gay marriage,but rather the purpose is to honor all domestic partnerships. Koivumaki announced a domestic partner registry proposal is expected to go before Bloomington City Council in February. IX. ADJOURNMENT The meeting ended at 9:23 p.m.