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CR 93-136 Re-Establishment Hopkins Human Rights -~----------- ~ . l'i'... .. 'i. August 23, 1993 ~ Council Report 93-136 . RE-ESTABLISHMENT OF A HOPKINS ________n__ _____________ _ m_______ HUMAN RIGHTS COMMISSION Proposed Action Staff recommends that the Council approve the following motion: Move that the Hopkins City Council adopt Ordinance No. 93..729 for first reading. Adoption of this motion will begin the process of reestablishing a Human Rights Commission for the City of Hopkins. Overview A planning group, Hopkins H.R.C. Planners, has been working.to establish a Human Rights Commission in Hopkins. The group has been working with individual citizens, various civic groups, and the statewide League of Minnesota Human Rights Commissions. The City of Hopkins had a Human Rights Commission. It was established in June of 1968. It was renamed . the Omnibus Commission in 1986 when the City ordinances were recodified. The Commission was abolished in September of 1987. Any new commission would have to be created with another City ordinance. The attached Ordinance was prepared by Hopkins H.R.C. Planners. Primarv Issues to Consider . Should the City have a Human Rights Commission? . What should be the composition of a Human Rights Commission? . Should the Human Rights Commission engage in mediation? Supportios! Information . Analysis of the Issues . Alternatives . Letter from West Suburban Mediation Center . Ordinance No. 93-729 ~ ~-,-:"..:' _...._n__._"__ _ _ 'f Analvsis of Issues . . Should the City have a Human Rights Commission? A number of surrounding cities have human rights commissions including Eden Prairie, Edina, Golden " Valley and St.Louis Park. These commissions are engaged in a variety of activities. The St. Louis Park Commission organized a heritage festival. The Eden Prairie Commission was instrumental in organizing a community wide response to a cross burning in that city. A number of commissions , conduct educational programs. Most commissions also offer a no fault grievance process for mediating discrimination claims. The City of Hopkins is becoming an increasingly diverse community. A Human Rights Commission would help the City in dealing with this diversity. A Human Rights Commission would also be useful if a situation similar to the Eden Prairie cross burning would occur in Hopkins. The Commission would, however, incur costs. Staff time would be diverted to Commission activities. The Commission might also seek City funds in order to finance educational efforts. The Commission would also have only a limited role to play in any human rights complaints. . What should be the composition of a Human Rights Commission? If the City decides to establish a Human Rights Commission, how many members should it have? Hopkins HR.C. Planners is suggesting that there be .nine members on the Commission with an additional two student members. The number of members on City boards and commission varies from as few as three, the Civil Service Commission, to as many as nineteen, the Neighborhood Advisory . Board. The Planners felt that the number should be large enough so that there would be enough volunteers to do the work, while being small enough to have effective meetings. One unusual recommendation is to possibly have two members of the Commission be individuals who work but do not reside in Hopkins. There is precedent for this, however, with the Parking Committee and the Neighborhood Advisory Board. . Should the Human Rights Commission engage in mediation? A number of Commissions engage in mediation efforts in an attempt to settle human rights complaints. The Hopkins H.R.C. Planners envision this as one of the duties of the Commission. The West Suburban Mediation Center, however, is recommending that any mediation be referred to that organization. A letter is attached stating the Center's reasons for this recommendation. Alternatives 1. Adopt Ordinance No. 93-729, as written, for first reading. This would begin the process of reestablishing a Human Rights Commission in Hopkins. 2. Adopt Ordinance No. 93-729, with amendments, for first reading. Possible amendments would include changing the composition or directing the Commission to refer mediations to the West Suburban Mediation Center. This would also begin the process of reestablishing a Human Rights Commission in Hopkins. 3. Do not adopt Ordinance No. 93-729. This would 'end the process of reestablishing a Human Rights Commission in Hopkins. . Staff recommends Alternative #2. Staff agrees with the West Suburban Mediation Center that mediation of human rights complaints should be referred to that organization. -----'- _...___._----._=",.,,..._,_,_~'_,_ _.,_','""_,--.----___c:" _~,~_---'----,,_._ ._.~~-,~-- ] . . WEST SUBURBAN MEDIATION CENTER 1011 First Street South, Suite 200, Hopk~ri.s,MN55343 (612) 933-0005 . August 9. 1993 Jim Genellie City of Hopkins to 10 First Street South . Hopkins. MN 55343 Dear Mr. Genellie: We know t~at you are working with a group of Hopkinsiresidents ,who are,interestedinfornlinga Human Rights Co,01missionfor Hopkins a]one"ot . perhaps in conjunction with Plymouth and Minnetonka. .. We recently attended one planning meeting. at Mizpah Cbut-chand explained our serviCes. We would hope that if a Commissioo is fotmedthatmediaiionfor discrimination cases would be referred ,to our . agency. WSMC's.primary mission or focus is Oll resolvingconfJictsordisputes through the dispute resoJutionprocessof mediation. . Our mediatorsco01PJete. atrainipg ..' curriculum based on gUideJinesfor certified programs promulgated by.the ' . Minnesota Supreme Court based on Statute 494. . The training is thirty hours foJlowed by observations . and 'Working with. an experienced mediator. It is . our understanding that the State League will be offering training which is six hours in 'length and is oot certified by'the State Human Rights Depa,rtment Bach year. each mediatormu.st.~)jDpJete a01inimum of eight hours of in service (on-going) training. Various topics are otferedand th!~ year through the Association of Community Mediation Programs." tnere have been several trainings including inter-cultural differences. , To check 'on satisfaction level with our mediators. parties involved are sent evaluations tocomplete on our service. We also are implementing a ,plan to have non-participatinQ observers .attend01ediatiorts to provide . " additional feedback on the skills ofour.mediators.1\:tpresent, we have over 50 trained mediators and will be' trainingaddition81 people in October. At one poiot, the State Department of Human Rights asked if we 'Would train people from various communities as they' could no 'longer. affor-d' to' do the training. We felt. that there weren't enough cases being referred to the locaJ com missions to warrant training people with the expectation they 'Would mediate. Our process is also a more formal and structured process where the mediators do not t81k individu81ly with the parties beforehand insuringmqre neutrality and impartiality. . Our Center uses the co-mediatio1.1lDode1!Jtwo mediators; usually one . male, ooe fem81e.) and they also provide feedback to each other and discuss the results with our case developer and/or executive director. - !'.', .~ "j> ~ '# --- ----- --- -~---- -_._~- - . --~ - -~- --- ---- i' { ~ '. ' St~ LOUiS,Par}rCollncil.years ago. decided that their HUfl1anRights Commission would work on other issues facing their community and would ' ' " refer cases for;mediationtoWSMt.We have had cases from the State Human . . Rights Department over ,the ,years but just asJoca.tcommissions' ate evidently . not getting cases'referred to th~m from the State. neither ,have we had very , many in the Jast few years. BdenPrairie 's' Huinan Rights Commission who fOrmerly had some members who were trained mediators, has decided to . . use WSMC o,-,.a trial basis. and refer their c~ses to us. They reportedly have been very pJeasedwithtJlE~..r~suJts sofar. (See~pcJosedJetters from a : recent Eden Prairie,HumanRights Commission referraJJ' . " It has been our experience that there sometlmes are money , ,':_~:_:::::s.~ttJe!D~tsth~tmI.lY be large, amounts~, 'If the aggrieved' party'~~sJ(t,'- " . receive a check. at the mediation-session~aclieck is sent to~usan(rwejssije.a' check to,the party. Sometimes the agreement would be as simple as 8:ri' ' apology. These' mediations are usually with.,two parties present but our! mediators also are able to handle large group mecliationsand we th~n. ha\i:e, three or more mediators present. ' " If there are further 'questions or information you might wish to have._ '. please give me acaJ1. 'Thank you., ' ,. "', . . , " r ~ , .. .. ", ' . Sincerely. , , , ...Lr.. .. /""~ (Susan A. "Nelson .' " , " Executive DirectOr .. 'enclosures . , , ' " ' -. ---- , . --"-- - -, --, ..,. ~..'-"~-_.'.._-'.'_-_'.'_-__"_._',_,_ _'-'~.".""____'''._>A__"_____h._..."..~_.___... ..____.__________~__"_._.. . '{, . . ~/!!J:~~~E~I!.~~~E~$ . June 25, 1993 West Suburban Mediation Center 1011 First Street South, Suite 200 Hopkins, MN 55343 Dear Sir or Madam: LaserMaster Corporation had occasion to take advantage of the services of the West Suburban Mediation Center in a particularly unpleasant and emotional employment termination dispute. Through the assistance of your mediators, Mr. Thomas M. Phillips and Richard Lidstone, the matter was resolved in a single mediation session, to the satisfaction of our company and the former employee, claiming a grievance. - .-- - -- --- Without your intervention, and the skill of your volunteer colleagues, this matter would inevitably have consumed significant time and legal fees, and resolution would have left a residual of ill will. In facilitating the efforts of the parties themselves to work out a constructive solution" a very positive result was achieved. I have not been involved in a mediation before, and I was pleasantly surprised at the insight and professionalism with which the mediators . managed the discussions. I would note an unexpected benefit, which characterized our mediation, and may characterize others. Because of the professionalism of the mediators, and the position of objective authority in which they are cast, the role and relative status of the lawyers was diminished. I think,' that such an alternative source of legitimacy for a non- confrontational solution made achievement of that solution more feasible. I would not hesitate to recommend the services of the mediation 'center to other employers or potentially aggrieved parties, and if I may provide any further comment or reference in this regard, you are free to release my name and telephone number. Thank you for your assistance. () -'-" W. Scott Parr Director and General Counsel WSP/jb . C: Rojean -----~------- 6900 SHADY OAK ROAD, EDEN PRAIRIE, MINNESOTA 55344 . PHONE: 612.944.9330 FAX: 612.944.0522 . t . " . . CITY OF HOPKINS ~ COUNTY OF HENNEPIN " . ORDINANCE NO. 93-729 AN ORDINANCE REESTABLISHING A HUMAN RIGHTS ca-1MISSION The city Council of the City of Hopkins does hereby ordain: SECTION 1. That a new Section 340, Human Rights Commission, be added to the Hopkins City Code to read as follows: 340.01 Policy. It is hereby declared that it is the public policy of the City, in'cooperation with the State Department of Hwnan Rights, to secure for all citizens equal opportunity in housing, employment, public accommodations, public services and education, and to work consistently to improve the human relations climate of the City of Hopkins. 340.03 Establishment and Composition. There is hereby reestablished a Hwnan Rights Commission of the City of Hopkins. The Commission shall be com- posed of nine members for three year terms. Seven members shall be residents of Hopkins, and two members may reside elsewhere but work in Hopkins. In additton, two students from Hopkins High School who live in Hopkins, may be appointed for a 1 year term. Members shall be appointed by the City Council. 340.05 Terms. Members of the Hwnan Rights Commission shall be appointed . for terms of three years. Terms shall expire on January 31st of each year provided that the first Hwnan Rights Commission shall be comprised of three members whose terms expire on January 31, 1995, three members whose terms ex- pire on January 31. 1996, and three members whose terms expire on January 31, 1997. Upon expiratton of a term of office, the members shall continue to serve until a successor is appointed and qualified. Members shall serve no more than two consecutive terms. Members may be renominated after being off the Commissi.on for one year. 340.07 Removal. The Council, by a majority vote, may remove any member of the Hwnan Rights Commission without cause. 340.09 Vacancies. Vacancies occurring in membership of the Human Rights Commission shall be filled for the unexpired term by the Council. 340.11 Compensation. Members of the Hwnan Rights Commission shall serve without compensati~n. 340.13 Responsibilities. In fulfillment of its purpose, the Hwnan Rights Commission is advisory to the City Council. New programs and policies must receive the approval of the City Council piror to implementation. Specific duties and responsibilities shall be to: a. Adopt by-laws and/or Rules of Conduct for its affairs. b. Develop, in cooperation with the State Department of Hwnan Rights, . programs of formal and informal education. ._ .7- ;..'0 -,:' P't, ,it , .- ~ c. Formulate a Human Rights Program for the City of Hopkins, subject to review and approval by the Hopkins City Council, to give increased effectiveness, direction and encouragement to the work of all individuals and agencies addressing themselves to planning, policy making and educational 'programming in the area of civil and human rights, including helping people identify their responsibilities to bridge cultural and other differences. d. Coordinate efforts with Human Rights Commissions of neighboring cities where appropriate. e. Prepare a Memorandum of Agreement with the State Department of Human Rights for the purposeofiIriplementing regulatory and enforcement procedures. f. Make recommendations to the City Manager and City Council in regard to the planning or operation of any City Department on issues of civil sand human rights and make recommendations regarding the adoption of such specific policies or actions as are needed to provide for full equal opportunity in the City of Hopkins. g. Advise and make recommendations to the City Council in regard to human 1:'elations and civil rights problems .in general, including but not limited to the protection of children, discrimination on the basis of socioeconomic status, family composition, and equal access to educational, employment, and recreational activities. ' .' 340..15 Adoption by reference. Minnesota Statutes, Chapter 363, is adopted by reference and a part of this ordinance as if fully set forth herein. SECTION 2. The .effective date of this ordinance shall be twenty days after publication. First Reading: September 7, 1993 Second Reading: September 21, 1993 Date of Publication: September 29, 1993 Effective Date of Ordinance: October 19, 1993 Charles D. Redepenning, Mayor ATTEST: James A. Genellie, City Clerk .