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Human Relations Commission - June 15, 2017 Minutes

Regular Meeting: Thursday, June 15, 2017

A regular meeting of the Board of Human Relations Commissioners of the City of Fargo, North Dakota, was held at the City Commission Room at City Hall at 12:00 o’clock p.m., Thursday, June 15, 2017.

The Human Relations Commissioners present or absent were as follows:

Present: Rachel Hoffman, Barry Nelson, Abdiwali Sharif-Abdinasir, Laetitia Hellerud, Paul Jensen, Dave Lanpher

Absent: Hassan Lamba, Tanya RedRoad, Timothy Stone

Also Present: Willard Yellow Bird, Kara Gloe, Dan Mahli, John Strand (City Commissioner), Vince Kempf (Cultural Liaison Police Officer), Michelle Kommer (Labor Commissioner)

Item 1. Welcome and Introductions
Chair Hoffman welcomed Members to the meeting and introductions were made.

Item 2. Speaker – Labor Commissioner Michelle Kommer
Ms. Kommer stated that the Department of Labor and Human Rights (DoLHR) has three statutory functions, including: enforcing the state’s wage and hour laws; enforcing the state’s human rights act; holding a statutory obligation to educate the public as to those matters; and encouraging cooperative relationships between employees and employers. She stated the DoLHR is switching from a pull educational system to a push system to educate citizens of North Dakota on the top issues they are seeing. The top five complaints in the human rights area in the state of North Dakota include disability, retaliation, race, sex, and age. On the federal level, the top claim categories include retaliation, race, disability, sex, and age.

Mr. Jensen asked what DoLHR is doing to address hate crime. Ms. Kommer stated that her department does not have jurisdiction over criminal complaints, but there could be overlap when hate crimes happen in the workforce.

Mr. Nelson asked where the complaints are coming from geographically. Ms. Kommer stated that during the oil boom they saw a significant increase in reports regarding wages and hours in western North Dakota, primarily in the 11 oil-producing counties. She further stated that they did not see the same geographic correlation in human rights complaints or the same level of increase in human rights complaints vs. wage and hour complaints during the oil boom.

Ms. Hoffman asked about the process for filing a claim. Ms. Kommer stated the process is available on their website. She further stated that people wanting to file a claim could call the DoLHR or mail in the claim form, which can be found on the website, noting the investigators will then write up a charge. The person filing the complaint will sign it, and then it is sent back to the department for an investigation. The investigation would include contacting the responding party and conducting as many interviews as necessary. They will then issue a letter of determination. Today, that procedure is taking up to one year.

Ms. Hellerud asked how the DoLHR does outreach in different communities. Ms. Kommer responded by saying they are reaching out to different entities in an effort to reach people who are being most impacted by the types of claims they are receiving.

Commissioner Strand stated that North Dakota is, for the fifth year in a row, the most deadly state to work in and asked what the DoLHR is doing regarding that, as safe working environments are a human rights issue. Ms. Kommer stated that the DoLHR doesn’t have any interaction with work safety issues, those things are handled by the Workforce Safety Insurance (WSI) division.

Mr. Nelson asked if there are ways the Fargo Human Relations Commission can be more intersectional with the DoLHR to increase its impact. Ms. Kommer stated the DoLHR could reach out to FHRC for help passing out information through their various channels.

Mr. Lanpher inquired if DoLHR has the capabilities to work with people with limited English proficiency. Ms. Kommer stated they have interpretive services.

Mr. Sharif-Abdinasir asked what the best way is for people to reach out to DoLHR. Ms. Kommer stated the best way is the way that is most convenient for the person filing the complaint, whether that is in person, over the phone, or with the help of an advocate.

Mr. Nelson pointed out that sexual orientation is a class that is notably absent from the protected classes in the State of North Dakota. He went on to state the previous Labor Commissioner had agreed to collect data from folks who believe they have been discriminated against based on sexual orientation and asked if Ms. Kommer will continue to do that. Ms. Kommer affirmed they are doing that. Mr. Nelson clarified if it is reasonable to send victims to DoLHR. Ms. Kommer responded it is reasonable, because they are tracking this information. She reinforced that they are unable to offer a venue to pursue those types of claims, but DoLHR will refer people to the EEOC.

Item 3. Approve Order of Agenda & Minutes: Regular Meeting May 23, 2017
Mr. Nelson moved to approve the Order of Agenda and the minutes of the May 23, 2017 Human Relations Commission meeting be approved. Second by Mr. Sharif-Abdinasir. All Members present voted aye and the motion we declared carried.

Item 4. Woodrow Wilson School – Discuss Request to HRC
Chair Hoffman asked the Board to discuss their level of interest in pursuing this topic. Mr. Jensen stated that in his opinion, it is not useful to look back in history and rename buildings, but instead work on doing a better job of naming things in the present/future. Mr. Sharif-Abdinasir asked how it is related to the Human Relations Commission (HRC). Chair Hoffman stated it is related to the human rights record of Woodrow Wilson. Mr. Lanpher stated he believes we have more important issues to work on and recommended that the School Board address this issue. Mr. Nelson stated it is a good segue into expanding the conversation into the way we name things. The decision was made to table the issue unless the School Board would like a recommendation from the HRC.

Item 5. Public Comment
No public comments were made.

Item 6. Budget Requests
No budget requests were presented.

Item 7. Public Relations Campaign Update
Mr. Jensen stated the next steps for the public relations campaign are to apply for grants.

Mr. Lanpher made a motion that the Human Relations Commission make a recommendation to the City Commission that the HRC apply for grants to support the Public Relations campaign. Second by Mr. Nelson. All Members present voted aye and the motion we declared carried.

Item 8. MLK Committee
Ms. Hellerud has agreed to chair the committee and Mr. Lanpher has agreed to serve on MLK committee. Anyone else interested in serving on the committee, please contact Ms. Hellerud. Ms. Gloe will contact the Fargo Theatre to reserve January 15, 2018 for the event, as well as prepare the nomination forms.

Item 9. Welcoming Week Update
Ms. Gloe stated that several events are planned for Welcoming Week, adding people may go to welcomignfm.org for the schedule of events. Mr. Mahli stated the Welcoming Week Committee is focused on communications and public relations.

Chair Hoffman asked about how many flags are remaining. In response, Mr. Mahli suggested we could do an inventory.

Item 10. HB1427 Update
Mr. Nelson stated that the HB1427 was selected as a study and it has been assigned to the Human Services Committee, which is chaired by Kathy Hogan. Mr. Nelson has reached out to Ms. Hogan to find out how the HRC can help. Mr. Sharif-Abdinasir stated that the language has been modified to include positive impacts of resettlement.

Mr. Strand stated that the Forum ran a story on a federal study and recommended it be added to our library of resources.

Mr. Strand recommended the HRC formally bring the recommendations from the report to the City Commission and ask them to vote on these recommendations.

Item 11. Announcements
Fair Housing Workshop – Tuesday, June 20 9:15 a.m. - 12:15 p.m., Fargo Public Library

World Refugee Day – Tuesday, June 20, 5:30 p.m. to 8:30 p.m., Lutheran Social Services - 3911 20th Ave S, Fargo

Police Picnic – Tuesday, June 27, 5:30 p.m. to 8:30 p.m., Island Park

Item 12. Adjourn
The time at adjournment was 1:02 p.m.