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HomeMy WebLinkAbout2003 HRCS minutes with documentsCITY OF LANSING HUMAN RELATIONS AND COMMUNITY SERVICES DEPARTMENT HUMAN RELATIONS AND COMMUNITY SERVICES ADVISORY BOARD January 9, 2003 Minutes CALL TO ORDER The December meeting of the Human Relations and Community Services Advisory Board was called to order by Vice -Chair Amy Hodgin at 6:07 p.m., 124 W. Michigan Ave., 9`h Floor, City Hall, Lansing, MI. Present: Cheval Breggins, Amy Hodgin, Monica Martinez, Gordon Steinhauer, Steven Willobee and Thomas Wilson Absent: Rev. Kirklin Hall (excused) Staff: Willard K. Walker, Director, and Carol Walton, Administrative Secretary LPD Liaison: Captain Edward Forrest, Jr. Lansing Police Department (absent) Public: None APPROVAL OF AGENDA Monica Martinez moved to approve the agenda with correction to the January 2 date, under the "Next Meeting" item of the agenda being changed to February 6, 2003. The motion was supported by Gordon Steinhauer and carried unanimous. PUBLIC COMMENT There was no public comment. COMMUNICATIONS None APPROVAL OF MINUTES Monica Martinez moved to approve the minutes of December 5, 2002 with a correction to reflect the request by board members for prior minutes, an organizational chart and the department budget.. The motion was supported by Cheval Breggins and carried unanimous. DISCUSSION OF BOARD IDENTIFIED ISSUES This section of the agenda will be replaced with part VII. Committee Reports and part VIII. Petitions/Complaints. Monica Martinez stated that the board's role would be to help the department implement programs and goals. Also, to get involved in activities, ask questions or provide advice to the department. CHAIRPERSON'S REPORT Monica Martinez stated that on of the board's roles is to help the department implement its programs and goals. She also stated that the board should participate in department activities or ask questions or provide advice to the department. She said that it is incumbent upon the board to raise questions when issues arise in the community. Cheval Breggins suggested that board members be appointed to each of the committees as outlined in the bylaws, the Program, Budget, Policy and Complaint Committee(s). Gordon Steinhauer moved that Monica Martinez appoint at least one board member to each of the committees and that they meet at least once before the February board meeting, with a friendly amendment stating that all board members will serve on the Complaint Committee. The motion was supported by Cheval Breggins and carried unanimous. The appointments are as follows: Program Committee, Thomas Wilson and Gordon Steinhauer, Budget Committee, Amy Hodgin and Steven Willobee, Policy Committee, Monica Martinez and Cheval Breggins. Willard Walker stated that he would appoint staff to help serve on these committees in an effort to provide staff assistance to the board. DIRECTOR'S REPORT Willard stated that the Human Relations & Community Services Department has responsibilities in the areas of Affirmative Action, Equal Employment Opportunity, and Minority Contracting (compliance), we review and monitor theses areas. He stated that the department has the ability to make grants and do special projects for the Mayor and City Council. Right now there is a program to work on racial issues the city as well as working with the Lansing School District. Mr. Walker stated that the department is going to get involved in mentoring and looking at our youth and their drug issues. He stated that the council has .approved the undoing racism plan that the department has prepared and work on that will be in the next two months and the board should have a role in this program. Mr. Walker stated that he sees the department as not being able to solve all problems in the community but be proactive in identifying them. LPD LIAISON'S REPORT None OLD BUSINESS Amy Kraus from Purchasing will be attending the next regularly schedule board meeting in February to discuss the minority vendor process. NEW BUSINESS Amy Hodgin expressed concern about the board not ever having a table for the Caesar Chavez and other minority events but having tables for the Martin Luther King, Jr. events. Mr. Walker replied stating that if we get tables to events if we receive invitations to purchase them. The department would be more than happy to make provisions for the board when we are invited to minority events. NEXT MEETING The next meeting is scheduled for February 6, 2003, at 6:00 pm, in the 9th Floor Conference Room of City Hall, located at 124 W. Michigan Avenue, Lansing, Michigan. ADJOURNMENT With no further business, the meeting was adjourned at 7:30 p.m. Human Resources and Community Services Advisory Committee - Program Committee January 28, 2003 Meeting Meeting called to order at 4:10 PM Members present Thomas Q Wilson and Gordon Steinhauer Staff present Paul Elam and Chuck Steinberg A decision was made for Gordon Steinhauer to chair this meeting and consider rotating the chairmanship at future meetings. Following self introductions of each person the goals of the program committee were reviewed. They are as follow; 1. Review and evaluate the departments programs for Human Service, Education, Employment and Housing. 2. Make recommendations to the Human Service and community services Advisory Board regarding the need and effectiveness of current and proposed department programs. 3. Help plan community programs that promote the objectives of the Human Relations and Community Services Department. 4. Establish regular opportunities for members of the Human Relations and Community Services Advisory Board to interface with the Lansing Community, City Boards, the Mayor and the City Council. After a discussion of each goal it was a consensus to focus on goal one at this time. A three page alphabetical listing of programs was reviewed. (copy attached) The programs can be divided into five primary categories; 1. Basic needs 2. Life skills _ 3. Employability development 4. Health and mental health 5. Community Supported agencies These programs are supported by approximately $1.5 Million dollars. This is 1.25% of the cities general fund. This guideline is used to determine the level of dollars for services. Additionally the city council allocated $250,000 for community supported agencies. This amount does not include salaries and related expenses of department staff. A goal of the department is to develop a synergistic impact by the funding. The primary review process is a problem oriented approach triggered by an issue. There are some quality controls or outcome reports but these are mostly financial at this time. In the last year there has been four agency interventions a result of these controls. The staff reviewed two projects that have requested Federal money to implement, both with a neighborhood focus. The committee members expressed an interest in hearing more about these an other programs as the work of the committee continues. It may be useful to present some of these to the full HRCS board. It appears there are multiple efforts and projects currently underway by the department. A request was made to see a breakdown of the programs by type and financial report by major category. The staff said this information was easily available. It was suggested that we obtain a copy of the breakdown and meet once more prior to the Board meeting. The staff was requested to provide available information and not to create reports or go to extensive efforts for the committee at this time. The meeting was adjourned at 5:20 PM Tuesday 2-4203, 9:30 AM Program Committee Meeting Members present Gordon Steinhauer Staff present Chuck Steinberg and Paul Elam Minutes of the previous meeting were reviewed. It was felt that the statement of goals may require some modification. ln.goal one and two a requirement of measurement may present some problems. The task of evaluating the departments programs and measuring the effectiveness may be beyond the resources of the committee. No recommended changes are being made to the Board at this time. The Board may wish to review these' oals at the same time the goals for the other committees are reviewed. The staff provided a pie graph of program categories with a percentage of funding allocation. Attached was a program breakdown by category with six financial listing for each program. (A copy is attached) A sixth category was added to the five reviewed in the previous meeting, Cultural Arts Programs. This -category is funded by the City Council separate from the 1.25% general fund dollars. A significant data system provides the capability to easily present graphic reports. The data system is built on a foundation initiated in 1995 or 97 with frequent upgrades. This provides ability to display information and provide accountability of public funds. Three areas of program initiatives were reviewed; Homeless, Health and Delinquency. The city and metropolitan area have received state and national attention for efforts in these areas. In future meetings the committee will look more closely at these areas and recommend program presentations to the Board. The area of a model Health program was generally reviewed. It was noted that efforts of the City and County were recognized in a publication by the Kellogg Foundation. The book published in September 2002 is titled; more than a market• Making Sense of Health Care Systems. One section of the book simply titled Lansing 1 Ingham County, Michigan, describes the development of Community Voices. Another section is headed " A Sight to Behold" Ingham Health Plan, Ingham community voices. describe a noble idea moved to a working effort. The committee adjourned at 10:45 am z m m 3 0 cD & = CO CO CD co M cn c �� CD �Pcn CCD — N�, M = c N _. 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Griffore and Dr. Lillian A. Phenice of the Department of Family and Child Ecology, College of Human Ecology, Michigan State University. These individuals were retained to conduct four planning retreats for the Department of Human Relations and Community Services Department in March, 1994. The document produced as a result of the four retreats is entitled, "Planning for Quality." It is this document that staff has reviewed, modified and worked into an implementation strategy for the Department. Briefly we have modified the mission statement, developed strategies, defined how we want to work with the community, and re -defined our grant making criteria. We believe that this action framework gives us the best chance to meet our Department responsibilities to the Mayor, the City Council, and most important the citizens of Lansing. MISSION STATEMENT TO FOSTER A WELL FUNCTIONING, CONNECTED COMMUNITY CAPABLE OF PROVIDING ESSENTIAL HUMAN SERVICES TO MEET CITIZENS' NEEDS, PROMOTING AND UPHOLDING PRINCIPALS OF EQUAL RIGHTS AND OPPORTUNITY, ADDRESS ISSUES OF DIVERSITY AND MEET ITS RACIAL AND SOCIAL CHALLENGES THAT LIE AHEAD. In constructing this mission statement we were struck by the multitude of agencies and institutions that already exist in the area to address essential service areas. Much enthusiasm surfaced as staff identified centers of strength in the community — institutions and people who continue to do the work, provide leadership and embrace a sense of possibilities. Of the three major sectors of community life, private, public, and economic most of the effort will be devoted to strengthening the public sector. In doing so, however, we may strengthen the economic life of the community as well. Finally, in thinking through this mission statement several principals emerged. The two that are the strength of this work are: ■ Sustained and significant progress will be achieved be encouraging the community, its citizens and leaders to partner in a process of dialogue aimed at meeting the economic, social and racial challenges ahead. 0 Racial and ethnic diversity help form the wholeness of our community. In thinking through the Departments role in fostering a well functioning and connected community several things come to mind. First, Lansing is becoming more diverse in its population and, secondly, we are definitely thinking more regionally in our planning. This department, however, cannot will a connected community. Citizens and institutions want a partner willing to believe in their ideas. Margaret Wheatley in her book, Leadership and the New Science, offers the most cogent direction for this department. "A lot of community building begins in informal groups. In a self - organizing world, we need to be thinking much more about localized connections among people and about letting them create solutions that stay with them. All we need to do is create the conditions so they can connect, so they can form a sense of self, and a sense of purpose." A CONNECTED COMMUNITY ■ Has a sense of place ■ Is inclusive ■ Is realistic ■ Examines itself ■ Is safe ■ Has citizens willing to be personally responsible for themselves ■ Has celebrations ■ Is a healthy community ■ Can successfully get things done THE DEPARTMENT'S CHALLENGES OF ESTABLISHING (IMPROVING ON) A "WELL FUNCTIONING, CONNECTED" COMMUNITY RESTS UPON TWO KEY PROMISES. THE FIRST IS THAT THE COMMUNITY DETERMINES ITS OWN DIRECTION, AND, SECONDLY A WELL FUNCTIONING COMMUNITY IN TERMS OF SOCIAL CONNECTEDNESS IS BEST ABLE TO MEET ITS OWN TANGIBLE AS WELL AS INTANGIBLE NEEDS. IN THIS REGARD, DEPARTMENTAL PROGRAMS BECOME HELPING PROGRAMS. THE DEPARTMENT CAN MAKE A DIFFERENCE TO THE SOCIOECONOMIC HEALTH OF THE LANSING AREA, BUT MAXIMUM BENEFITS ARE OBTAINED WHEN WE HELP THE COMMUNITY LEVERAGE ITS OWN RESOURCES, WITHIN THIS CONTEXT WE WILL CONTINUE TO ASSIST AGENCIES, PROJECTS AND PROGRAMS AS THEY ADDRESS EDUCATION, HUMAN RELATIONS, AFFIRMATIVE ACTION/EQUAL OPPORTUNITY, RACIAL AND CULTURAL, AND SOCIAL ISSUES THAT CONFRONT THE COMMUNITY. THE STRATEGIES With an eye toward the future, the following strategies were determined to hold the best promise for our work: Strengthen and build targeted organizations within the community to serve as centers of strength to increase Lansing's capacity to act on its challenges and concerns. ■ Support community engagement to define and act on the community's challenges and concerns, particularly through citizen dialogue. ■ Support efforts that build and sustain networks that link people and organizations within the community to talk and work together to better meet the needs of the community. ■ Find and support strong "indigenous" leadership and provide ways to connect indigenous leaders to institutional leadership in the community. ■ Working with educational institutions. ■ Creating and supporting new networks of people. ■ Grant writing skill development for networks, agencies and institutions. ■ Support efforts, within the City Government, to strengthen employee moral and improve the quality of employees work life. Taken together, the strategies support the critical factors identified as fostering a connected community and are broad enough to include new data collected through a community analysis. Though the strategies can be supported simultaneously, there is an implied flow to their listing. First, the community's existing centers of strength need our support. Second, norms that encourage open discussion and deliberation for all citizens need support. Third, as people talk new networks will form and old networks will be strengthened. We must support these networks. Out of this process indigenous leadership will surface and we must find ways to support and develop this leadership and connect it with existing institutional leadership. Additionally, the department must use its grant writing (proposal development) expertise to train and assist agencies in exploring and becoming competitive in other funding processes. Finally, the department must work to ensure the emergence of education and educational institutions as a force for positive change in the community. Schools can be the place where kids can play, people can meet, socialize and learn, and issues can be resolved. Community schools, (schools that are open for extended periods beyond regular class room time) could have an enormous impact on how communities grow and develop. GRANT MAKING CRITERIA/GRANT DEVELOPMENT CRITERIA ■ Consistency with the plans (8) strategies, with priority going to grants that support multiple strategies. ■ Originality ■ A lack of other funders relative to the need ■ Severity of the issue being addressed ■ Level of impact the grant could have of the community ■ Possibility that work on a particular project has a high probability of producing positive results on other aspects of the community ■ The probability that hypothesis related to the promise of the mission and strategies will be tested. ■ Emphasis on causes as opposed to symptoms ■ The quality of linkages represented by the project ■ Evaluation process ■ Sustainability MISSION STATEMENT TO FOSTER A WELL FUNCTIONING, CONNECTED COMMUNITY CAPABLE OF PROVIDING ESSENTIAL HUMAN SERVICES TO MEET CITIZENS' NEEDS, PROMOTING AND UPHOLDING PRINCIPALS OF EQUAL RIGHTS AND OPPORTUNITY, ADDRESS ISSUES OF DIVERSITY AND MEET ITS RACIAL AND SOCIAL CHALLENGES THAT LIE AHEAD. STRATEGY 1: Strengthen and build targeted organizations within the community to serve as centers of strength to increase Lansing's capacity to act on its challenges and concerns. STRATEGY 3: Support efforts that build and sustain networks that link people and organizations within the community to talk and work together to better meet the needs of the community. STRATEGY 5: Working with educational institutions. STRATEGY 7: Grant writing skill development for networks, agencies and institutions. STRATEGY 2: Support community engagement to define and act on the community's challenges and concerns, particularly through citizen dialogue. STRATEGY 4: Find and support strong "indigenous" leadership and provide ways to connect indigenous leaders to institutional leadership in the community. STRATEGY 6: Creating and supporting new networks of people. STRATEGY 8: Support efforts, within the City Government, to strengthen employee moral and improve the quality of employees work life. STRATEGY 1: STRENGTHEN AND BUILD TARGETED ORGANIZATIONS WITHIN THE COMMUNITY TO SERVE AS CENTERS OF STRENGTH TO INCREASE LANSING'S CAPACITY TO ACT ON ITS CHALLENGES AND CONCERNS. PROGRAMS STRATEGY 2: SUPPORT COMMUNITY ENGAGEMENT TO DEFINE AND ACT ON THE COMMUNITY'S CHALLENGES AND CONCERNS, PARTICULARLY THROUGH CITIZEN DIALOGUE. STRATEGY 3: SUPPORT EFFORTS THAT BUILD AND SUSTAIN NETWORKS THAT LINK PEOPLE AND ORGANIZATIONS WITHIN THE COMMUNITY TO TALK AND WORK TOGETHER TO BETTER MEET THE NEEDS OF THE COMMUNITY. PROGRAMS STRATEGY 4: FIND AND SUPPORT STRONG "INDIGENOUS" LEADERSHIP AND PROVIDE WAYS TO CONNECT INDIGENOUS LEADERS TO INSTITUTIONAL LEADERSHIP IN THE COMMUNITY. PROGRAMS STRATEGY 5: WORKING WITH EDUCATIONAL INSTITUTIONS. PROGRAMS STRATEGY 6: CREATING AND SUPPORTING NEW NETWORKS OF PEOPLE. .. i STRATEGY 7: GRANT WRITING SHILL DEVELOPMENT FOR NETWORKS, AGENCIES AND INSTITUTIONS. PROGRAM STRATEGY 8: SUPPORT EFFORTS, WITHIN THE CITY GOVERNMENT, TO STRENGTHEN EMPLOYEE MORAL AND IMPROVE THE QUALITY OF EMPLOYEES WORK LIFE. PROGRAMS City of Lansing Supplier Diversity Human Relations and. Community Services 1 Advisory Board i 13. r. F Antonia M. Kraus C.P.M. February 6, 2003 suppfivr Dire iry Purpose of the Presentation • Introduce the City's supplier diversity initiatives to the Human Relations and Community Services Advisory Board. • Provide a new perspective on supplier diversity. supplier Div iry What is Supplier Diversity? • A proactive business process to provide suppliers equ al access to purchasing opportunities. • Supplier Diversity promotes a supplier pool reflective of the business community supplies Di—iry Supplier Diversity 1 What It's Not: • Philanthropic exercise • Doing minorities a personal favor • Social welfare • Necessary evil forced o n employees by management Supplier Div iry Why is Supplier Diversity Important? • Woman -owned and Minority-owned businesses are the largest growth segment in the economy. • Supplier diversity programs fuel economic development by infusing diverse companies with capital. • The infusion of capital allows the businesses to purchase goods and services for personal consumption and business growth. SW4, Di.iry City support for Supplier Diversity • Council • Mayor • Purchasing &.fill Divuuly Supplier Diversity 2 Research Highlights • Supreme Court decisions: - Croson v. City of Richmond - Adarand v. Pena • Strict Scrutiny • Disparity studies S,Mli., Dimity Research Highlights cont. • Non -race conscious strategies - Recruitment - Information Availability - Effort to include diverse firms in quotes and bids - Communication • Leadership aMl ,Diw.Iy Current City Purchasing Activities • Trade fairs, roundtables • Advertising in minority-owned newspapers • Sub -contractors list • Web site • On-line vendor registration • LAPPG and Chamber Diversity Task Force • Vendor file audit Supplier Diversity What's Next • Purchases less than $15,000 • Coordinate efforts with HRCS • Create an education program • Continued participation with the Council sub committee on supplier diversity Supplkr Div ry What's Next cont... • Determine an appropriate baseline for current purchases • Create an overall City goal and specific commodity goals • Create a broader, more in-depth supplier diversity report SVplk, Dirniy t Thoughts essfuls requires orate change! �Q S.pplim Di,"y Supplier Diversity 4 CITY OF LANSING HUMAN RELATIONS AND COMMUNITY SERVICES DEPARTMENT HUMAN RELATIONS AND COMMUNITY SERVICES ADVISORY BOARD February 6, 2003 Minutes CALL TO ORDER The December meeting of the Human Relations and Community Services Advisory Board was called to order by Chair Monica Martinez at 6:11 p.m., 124 W. Michigan Ave., 9`h Floor, City Hall, Lansing, MI. Present: Rev. Kirklin Hall, Amy Hodgin, Monica Martinez, Gordon Steinhauer, Steven Willobee and Thomas Wilson Absent: Cheval Breggins (excused) Staff. Kip Gomoll, Deputy Director, and Carol Walton, Administrative Secretary LPD Liaison: Captain Edward Forrest, Jr. Lansing Police Department Public: None MOTION Monica Martinez moved that item number XI on the agenda, Lansing, Police Department Liaison's Report be moved to item number V on the agenda, supported by Gordon Steinhauer. This motion was made for the amendment of the rules of procedure section VI(H) Order of Business to include Police Department Liaison's report on the agenda after "Public Comment." The motion will be voted on at the next meeting. APPROVAL OF AGENDA Gordon Steinhauer moved to approve the agenda. The motion was supported by Rev. Kirklin Hall and carried unanimous. PUBLIC COMMENT None LPD LIAISON'S REPORT Captain Forrest discussed the agenda for the "No War" march on Saturday, February 15 that will take place from Michigan State University down Michigan Avenue to the City's capital where they will have a rally. Captain Forrest said that it would be in the City's best interest to have the board members participate in monitoring this event. Board members were encouraged to participate. Human Relations and Co_ .pity Services Advisory Board Minutes of February 6, 2003 Page 2 Gordon Steinhauer moved that all members be encouraged to attend the rally, supported by Monica Martinez, motion carried unanimous. COMMUNICATIONS The Cesar Chavez Commemorative dinner will be held on Friday, March 21, 2003 at the Lansing Center. APPROVAL OF MINUTES Gordon Steinhauer moved to approve the minutes of January 9, 2003. The motion was supported by Steven Willobee and carried unanimous. COMMITTEE REPORTS Budget Committee Steven Willobee reported (see attached report) Monica Martinez asked that the Budge committee meet with Kip Gomoll before the next meeting to formulate the letter that comes from the board to City Council for recommendations. Kip Gomoll stated that our department was asked to make a budget revision that reflects the cuts in this year's budget and also to include the 5% personnel item. The department currently has two vacancies and looks to fill only one this fiscal year. Policy Committee Monica Martinez reported (see attached report) Program Committee Gordon Steinhauer reported (see attached report) CHAIRPERSON'S REPORT Monica Martinez expressed her appreciation to the board members for their service and stated that she is excited about how active the board is starting to become. She asked the board members to feel free to email or phone her. Human Relations and Cot. .nity Services Advisory Board Minutes of February 6, 2003 Page 3 DIRECTOR'S REPORT Kip'Gomoll informed the board of the Undoing Racism committee meeting that would be held in the City Council Chambers on February 7, 2003 from 10:00 a.m. — 12:00 p.m. Kip also distributed information on and discussed the departmental process for moving forward with the Mayor's Initiative on Race and Diversity. Carol Walton informed the board that Dr. Lanie Guinier will be in Lansing on Friday, February 28, 2003. She will be the first speaker in a series of lectures that will be given throughout this year. The series will be held as part of the Mayor's Initiative on Race & Diversity. Kip Gomoll reported on the breakdown of gender and race of city employees. He will try and report this information each month. OLD BUSINESS Amy Kraus from the Finance Department/Purchasing Division gave a great presentation of the City of Lansing's minority vendor process to include the laws and step-by-step procedures. NEW BUSINESS Gordon Steinhauer inquired as to why at least, the Chair of the board had not received notification of the meeting scheduled for February 7th prior to the meeting tonight. He felt that this concern should be noted and brought to the attention of the department. NEXT MEETING The next meeting is scheduled for March 6, 2003, at 6:00 pm, in the 9th Floor Conference Room of City Hall, located at 124 W. Michigan Avenue, Lansing, Michigan. ADJOURNMENT Monica Martinez moved to adjourn the meeting at 8:25 p.m. Supported by Steven Willobee. Motion carried unanimous. HRCS Advisory Board -Budget Committee February 6, 2003 Overview • Formula -based funding • Budget Reductions FY 2003 • Budget FY 2004 • Agency Funding Formula -based Funding • 1.25% of the General Fund • Previously the agency received 22% of all cable revenues and $75,000 from the General Fund Budget Reductions FY 2003 • Total Budget: $1,999,996 • 4% Operating Cost Reduction - Proposed Reduction • HRCS Miscellaneous operation: $3,257 • Undoing Racism: $3,000 • Education and Training for HRCS Staff: $1,200 • Total Reduction: $7,457 i Agency Recommendations differed from Budget Office Reductions 2 Budget FY 2004 • Budget Process is presently underway • Potential State Budget Cuts • Escalating Health Care Costs • 5% position vacancies in FY 2004 - Existing vacancies or positions prior to July 1, 2003 Agency Funding • Community based organizations are struggling • Only one organization receives 100% funding from the HRCS - Hmong American Community 3 C3 tn r- C� m C� co 0 C, co LO W. 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CL 3 603 L:o, 33 -E c-E.E!'2 -F:'E -E < <: E E E E E E E E 12 12 (5,a) a) E E' E -E E E E E:9 :9 0 0 0 00000,= � =3 U 0, 0-Uto 0 U C) C) Q; I c" I 0 :cn: o M, 0, 0 W', , 0) 0 U') C, C4 S C6 0.03,i cli 00 co cvq t. 7 o0 N D.. - 0 C13 C) 04 0 C) 0 C-4 'Cr CD Ec� a, Im U a) ro- cq co LP Ol r- ,�5 Im 00 0 `E C( "a 10 'D E 01c. I 60 , m u7 -g CD 0 C a r --5i C:� " i ro C4 00 co t. 7 o0 - cov,m M' U a) ro- 'Nr_ E 0, J ICMT T U)(D' Im 00 0 `E C( "a 10 'D E 01c. I R : in a)! 0 g 0 r alzg� o gi , I S 2 o= 0 t ro cu 8 E 'EL -0 OIL 0 0) E 13 0 tu :3 C) o o 0 coC) ca o co G� 0� S z >- 0 m 0 -, z z CITY OF LANSING HUMAN RELATIONS AND COMMUNITY SERVICES ,oEPARTMENT HUMAN RELATIONS AND COMMUNITY SERVICES ADVISORY BOARD March 6, 2003 Minutes CALL TO ORDER The March meeting of the Human Relations and Community Services Advisory Board was called to order by Chair Monica Martinez at 6:10 p.m., 124 W. Michigan Ave., 9'h Floor, City Hall, Lansing, MI. Present: Cheval Breggins, Rev. Kirklin Hall, Monica Martinez, and Gordon Steinhauer, Absent: Amy Hodgin, Steven Willobee and Thomas Wilson (excused) Staff: Willard K.Walker Director, and Carol Walton, Administrative Secretary LPD Liaison: Captain Edward Forrest, Jr. Lansing Police Department (absent) Public: None APPROVAL OF AGENDA Rev. Kirklin Hall moved to approve the agenda. The motion was supported by Cheval Breggins and carried unanimous. PUBLIC COMMENT None LPD LIAISON'S REPORT No Report. EEOC report received. COMMUNICATIONS The NAATP letter was received and discussed. It was reported that Lansing does not have a comprehensive civil rights ordinance. APPROVAL OF MINUTES Rev. Kirklin Hall moved to approve the minutes of February 6, 2003. The motion was supported by Gordon Steinhauer and carried unanimous. Human Relations and Com ity Services Advisory Board Minutes of March 6, 2003 Page 2 COMMITTEE REPORTS Budget Committee Steven Willobee — no report. MOTION Cheval Breggins moved to approve the departments budget as presented, supported by Rev. Kirklin Hall. Motion carried unanimous. A letter of support has been finalized and will be submitted to Mayor Benavides and City Council. Policy Committee Monica Martinez reported that this committee met on the third Thursday of February and has no new information to report at this time. Program Committee Gordon Steinhauer reported that this committee me on February 24, 2003 at 1:30 p.m. (see attached report). Gordon suggested that Charles Steinberg and Paul Elam attend next months board meeting and do a presentation of the funded agency data system and compliance records as well as a presentation of the target community description, history and background, goals and objective along with the budget summary. CHAIRPERSON'S REPORT Chairperson Monica Martinez reminded board members of the Cesar Chavez commemorative dinner that will be held on Friday, March 21, 2003, 5:30 p.m. at the Lansing Center. Monica recommended that two staff members at a time attend the board meetings until such time as all members of the staff have been introduced to the board members and have given brief descriptions of their departmental functions. She asked that all questions that the board members may have of staff should be submitted to Carol Walton ahead of time so that staff can come prepared. Monica suggested that the board adopt a resolution and send it to City Council and Mayor indicated that the board believes that the City of Lansing should have a Civil Rights Ordinance. Human Relations and Corry CY Services Advisory Board Minutes of March 6, 2003 Page 3 Board member Gordon Steinhauer recommended noting in the minutes that the Civil Rights Ordinance is a concern of the board. He recommended researching the history of the ordinance and looking at East Lansing and other cities as models. Then holding a public meeting to discuss the issue and then make recommendations to City Council and the Mayor. Willard Walker stated that once the hearings for this ordinance begin, it would be the charge of the Human Relations and Community Services Advisory Board to make the decisions as to the language of the ordinance. That language will then be submitted to Council and the issue will be placed on the ballot. Monica Martinez named Rev. Hall to the board's program committee. Monica Martinez asked that the history and process for the civil rights ordinance be made available for the April board meeting. Monica Martinez reported that she attended the peace rally. She expressed her disappointment that no other members of the board attended. A great deal of enthusiasm was expressed from the board and then other members of the board did not show. She stated that she hopes to see more participation in the future. Monica Martinez stated the board will be considering conducting the May meeting at an outside location and asks board members to think of possible sights and bring their recommendations to the April board meeting. Finally, she brought to the attention of the board, the City's website and informed that board members to visit the site and see what hard work the department is actually doing as well as the goals and objectives set forth by the Mayor. DIRECTOR'S REPORT Director, Willard Walker reported that the department has been successful in maintaining its budget. The department has taken a 10% cut as well as an initial 5%. The department currently has two vacancies. One position will be filled and one will be temporarily frozen. The race work line item has also been reduced. The reductions have prompted the department to discuss working more closely with our funded agencies and helping them cluster the services they are providing. The department will continue to be aggressive in looking for other sources of funding and grant monies. Willard Walker discussed the Mayor's Community Government initiative that is being led by the Lansing Police Department. This initiative is an effort by city hall to have a more aggressive posture in neighborhoods. One of the ways to do this is to set up neighborhood centers that are staff by city personnel. This initiative is an attempt to get closer to the people and issues in the community. Another initiative is on mentoring, where an effort to cluster all the mentoring programs is being lead. The idea is to work with the school district to find kids who are in real need of mentoring and the thought is to start with youth athletics. Another initiative is to look at Baker/Donora and the Black Human Relations and Com :ty Services Advisory Board Minutes of March 6, 2003 Page 4 Child & Family Institute and find way to tie them in as a triangle to help monitor the programs and assist the program directors. This program would be a terrific partnership to start looking for federal funding. The final initiative is the Mayor's Initiative on Race and Diversity. We are beginning the training process for the advisory group to be prepared to advise. Ultimately, this project will belong to the community. This group has six issue groups and the board is more than welcome to attend those meetings. The City is looking to co-partner with the Lansing School District for a student program that will be held May 5, 2003 at Everett High School. OLD BUSINESS Rev. Kirklin Hall moved to amend the Rules of Board Procedure, Section VI (h) Order of Business, by inserting Police Department Liaison's Report after Public Comment and re- ordering the remaining items, supported by Gordon Steinhauer. Motion carried unanimous. NEW BUSINESS Discussion took place regarding the annual Hugo B. Lundberg Award Human Relations Dinner. This item will be placed on next month's agenda under old business for further discussion. Gordon Steinhauer suggested sending a thank you letter to Antonio Kraus for her presentation at the February board meeting. Monica said that she would send her a note. Cheval Breggins recognized the City of Lansing employees for their fundraising/monetary support of the Jones family. NEXT MEETING The next meeting is scheduled for April 3, 2003, at 6:00 pm, in the 9`" Floor Conference Room of City Hall, located at 124 W. Michigan Avenue, Lansing, Michigan. ADJOURNMENT Monica Martinez moved to adjourn the meeting at 7:29 p.m. Supported by Cheval Breggins. Motion carried unanimous. V E MEMORANDUM FEB 0 6 2003 TO: WILLARD WALKER, DIRECTOR - HRCS FROM: BOB JOHNSON, CHIEF OF STAFF � e L> DATE: FEBRUARY 7, 2003 RE: Review and Connnent on NAATP letter Willard, attached is a copy of the letter from the "National Association for the Advancement of Transgendered People" (NAATP) to the City Council and copied to Mayor Benavides. The transmittal was included in last Monday's (2/3/03) City Council agenda. City Council has referred the matter to the Mayor's office, and I am requesting that your office review and comment on the request, as presented, by Ms. Melissa Sue Robinson, Director - NAATP. Your prompt response would be greatly appreciated. Thank you. Cc: Mayor Benavides David Wiener, Executive Assistant to the Mayor -i--ja. L . , THE NZLATP The National Association for the Advancennent Transgendered People; 1121 E. Larned St Lansing,Ml. 48912-1447 (517)371-1103 (309) 407-4504 znelissa_robinson48912 Dyahoo www-melissarobins onco. corn January Z4, 2003 Lansing Mi Ci Council �ansing City city Cc Mar. Tony Benavidas CC�!'Cil Lansing, MI -48933 JAN Dear members of the City Council, As Director of the NAATP (National Association for the Advancement of Transgendered People ) I would like to applaud you on the progress all of you have made to our fine City of Lansing. We at the NAATP are requesting you to pass a civil rights ordinance and in its wording we want it to include the transgender population. As you Know the present City of East Lansing ordinance reads: It is herby declared to be contrary to the public policy of the City of East Lansing for any person to deny any other person the enjoyment of his/her civil rights or for any person to discriminate against any other person in the exercise of his/her civil rights or to harass any person because of religion,race,color, national origin, age, height, weight, disability, sex, marital status, sexual orientation, student status, or because of the use by any individual of adaptive devices or aids. We want a similar law in Lansing. Where it reads sexual orientation we request that you put after that a comma and transgender status. This would make all of us in the transgender population feel much more protected in your city and would help us pave the way for changes in other cities nationally. Such as the City of Detroit who also doesn't have such a law. All that we are asking for now is that discussions begin for the ordinances passage. Please consider this and try to give us a prompt reply. $ncerply, Melissa Sue Robinson Director NAATP -u -------------- n m 7i mw .m 70 xow:VM� w e ow o m�m.P (0,0 5 r., m 0cj30jp 0N0�S=2Q0 3O =m m 0�0� w -aR3 op c Wzj •n D D -0' O F m 0D (1) m x<-0 m w -g-0 0 (D . vi D s o 2 3n n >� �-m O a C v qjWCo RIcc 0> CD . � zT m CD _w ma - ,.CD o m 0. j � 5 ° zm -DDc__Im wm OCDNO b, 4�WN jMmW � a p ) 000W� Nj =+ C1 DZ m< o m K, o Z zg N oN T V1 D Z Z v -o m ci DDn e e D V n W VI T Z Z V -1 � .p OD N - W it'll CO o N j W G1 D N W I I N W o T Z_ 0 C N N Taj-' in T \ M A NNO0 V < mN [F4 N 1 j NW j j� j j W N j 00 W-� -+ pNj ...iW N...t ...�...� j Ln -� W jN W •-`o UU co W T Q N p ° 1 W NA o N N G7 j �1 r T m A co o > o <N71 o N jWWjjj y COOO jN ANW CO V CT W j r m 6VNJ111-11,L] WA '�jW UJI1 --'NjN •--` --�j jWQ�jj.Op OU m mm 0 w 0 r r X m 0 Im Hunian Resources and Community Services Advisory Committee - Program Committee February 24,2003 Meeting convened at 1:30 PM Members present Gordon Steinhauer Staff present Paul Elam and Chuck Steinberg Thomas Wilson, called in advance of the meeting and was unable to attend because of an emergency that required his presence. Mr. Wilson and Steinhauer agreed that the meeting would continue as scheduled. The focus of the meeting would be a specific look at the basic needs category of service and two funding request being submitted one regarding the homeless and the other relating to Baker/Donora neighborhood. Basic Needs This category represents 28% of the total funding for human services. (a colored pie chart was provided as part of the minutes of the last meeting to the board) This is a dollar amount of $480,942 and is spread over 17 agencies. In all cases these dollars represent a percentage of the total program cost. This percentage ranges from a high of 44.92% to a low of 3.26%. The actual dollars provided an agency range from $10,000 to $100,000. Most funding is below $30,000 level. The primary classification of the services relate to the homeless, meals, life skills, and consumer support services. The staff reviewed a very impressive data collection system that list goals or points of measurement for each agency with a score card format noting the level of compliance or meeting jointly determined goals. Each agency had at least four points of measurement and some had as many as ten or twelve. It appears that most agencies and most points of measurement are meeting or exceeding 100% of the goal. (A staff presentation of this data system and compliance record of agencies would be a useful and informative for the entire board.) An RFP for basic service needs was put out by the HRCS department. $150,000 is available with a deadline of 2-28-03. A decision on the funded programs will be made in the middle of March. Homeless Grant funds for the homeless fall under a heading of Lansing Continuum of Care. (A one page description is attached) On February 21 a new grant request was sent to MSHDA (Michigan State Housing Development Authority) for $264,100. A cover summary sheet is attached. The last year request was for $256,400. A summary rev1ew of the 2001-2002 attached one page sheet would note the following financial impact for the greater Lansing area; Gity funds $851000 City contracts 359.500 MSHDA funds (HRCS grant writing assistance) 3161400 HUD (HRCS grant writing assistance) 1.009 227 Financial impact $1,770,127 BakerlDonora and Fabulous Acres The staff reviewed a Federal grant request to Title V Delinquency Prevention Program. This relates to the targeted community called BakerlDonora and Fabulous Acres. This is in the City of Lansing in a neighborhood defined by south of the Grand River, east of Washington, west of Pennsylvania and north of Mt. Hope.1,194 or 31.07% of the population in the area are children under the age of 18. Residents of this area have worked together in a documented way since 1991 when they received a community/schools grant. The Federal grant request is for $100,000 with matching money to a total of $210,404. It is the vision that in 10 years this will be a model neighborhood with stakeholders joining together in community development efforts. Attached is a four page summary covering the target community description, History and background, goals and objectives and a budget summary. This is another area where staff presentation would assist the board in a better understanding of the work and efforts of the Human Resources and Community Service Department. Meeting adjourned at 3:OOPM Grant Funds for Lansing's Continuum of Care 2001-2002 The Greater Lansing Homeless Resolution Network is Lansing's Continuum of Care System and applies for Grant funding each year with assistance from the Human Relations and Community Services (HRCS) Department. HUD and MSHDA require that any community requesting homelessness funds, apply through the local Continuum of Care System. To support this process, the HRCS department develops application narratives, documents the Continuum's annual activities, and manages grant funding from local, state, and,federal sources. CITY During the City's 2002 fiscal year, financial support was provided to ten (10) agencies (see below) in the amount of $85,000 from the 2000 ESG allocation. Through City contracts, an additional $359,500 in general fund dollars was also allocated to agencies and organizations that provide shelter, essential supportive services, and/or homeless prevention programs to homeless individuals and families. It should be noted that the City's general- fund dollars are also utilized to fill housing and service gaps by covering costs associated with housing rehabilitation and operation, which are not allowable expenses defined in the ESG funding guidelines. 011 Through grant writing assistance from the HRCS Department, the following agencies secured a total of $316,400 in MSHDA Emergency Shelter and Challenge Grant funds to support continuum coordination efforts, homeless prevention programs, emergency shelter, transitional housing, operations, and other essential services. 1. Advent House Ministries (essential services) 2. Ballentine Stepping Stones (essential services) 3. Capital Area Community Services (essential services and homeless prevention) 4. Council Against Domestic Assault (operations) 5. Gateway Community Services (operations and essential services) 6. Haven House (operations and essential services) 7. Loaves & Fishes (operations) 8. National Council Against Alcoholism/LRA (essential services) 9. The Salvation Army (continuum coordination,.homeless prevention) 10. Volunteers of America (operations) 11. Capital Region Community Foundation (homeless prevention endowment) Total $5,000 $27,295 $61,050 $27,000 $17,510 $31,931 $25,570 $26,754 $40,000 $44,290 $10,000 $316,400 HUD Through grant writing assistance from the HRCS Department, the following two agencies secured a total of $1,009,227 in HUD Supportive Housing Grant funds to develop a new permanent housing project for persons with disabilities and to sustain an employment services program. 1. The Greater Lansing Housing Coalition.(permanent supportive housing) $490,527 98,500 2. Advent House Ministries (employment services) Total $1,009,227 Geographic Location and Definition of Target Community �. Community Name: Baker/Donors and Fabulous Acres ;. Geographic Boundaries of Target Community(ies): I Counties Cities or Townships Within Community Boundaries: H. School District(s) Within Community Boundaries: . Target Community Profile A. Community Setting: B. Total Community Population: C. Median Annual Household Income D. Brief Community Description: Title V Delinquency Prevention Program Grant Application Forms B. State: MI South of the Grand River, East of of Washington, West of Pennsvivania. and North of Mt. Hope. City of Lansing Lansing School District ® Urban ❑ Rural ❑ Suburban LJ Mixed 3,843 (Year: 2000) Level: $26,171 (Year: 2000) The Baker/Donora and Fabulous Acres neighborhood is a vibrant and resilient community hub that has slowly transformed itself from a distressed area to one in which there is a sense of community and where neighbors work together to help each other. The community is located on the south side of Lansing and houses the Baker/Donor Focus Center. Agency representatives from Capital Area Community Services, the Family Independence Agency, the Ingham Regional Medical Center, and neighbor hood schools serve as an advisory committee and help residents develop neighborhood -based programs. The Baker/Donora Focus Center supports community organizing efforts by focusing on strengthening families and improving the safety of children in the neighborhood, increasing neighborhood access to health and health care, providing access to opportunities for neighbors to learn, making services and resources available to residents in the area, and neighborhood development. s Yn„th Profile for the Target Community A. Number of Children Under Age 18: 0 to 5 403 6 to 10 360 11 to 13 184 14 to 17 247 TOTAL 1,194 % of Population 31.0707/6 (Year: 2000) Old Form 1-2 B. Percentage of Children Under Age 18 by Ethnic/Racial Background White 45.15% African American 29.31% Hispanic 6.28% Native American 1.42% Asian American 0.75% Other 17.09% TOTAL 100% (Year: 2000) 9 C. Percentage of Children Under Age 18 by Gender Male 52.09% Female 47.91% TOTAL 100% (Year: 2000) Form 2-1 Page 1 of 1 Title YDelinquency Prevention Program Grant Application Forms Jistory and Background of Prevention Initiatives in the Target Community Before This Title V initiative Reain tvDinci below and continue on additional page(s) if necessary.) In 1991, residents from the Baker/Donors community were empowered by a community/schools grant to aeveiop a neighborhood group call Neighbors United in Action (NUTA). Shortly thereafter, this group began to help address and improve social issues that were considered important in the area. In 1994, the Baker/Donors Focus Center was built through local and federal funding, which allowed NUTA to provide services and administer programming to keep students in school by lowering absenteeism and encouraging family and community cohesion activities. This grant provided the neighborhood with prevention funding from 1994-1996. From 1996-1999 a Strong Families Safe Children grant provided the community with additional prevention funds. With assistance from Capital Area Community Services, the Baker/Donors Focus Center used the funding to provide a free parenting program to pregnant and/or parenting residents that stressed the importance of parenting in a child's development from birth to three years of age. The goal of the program was to help parents help their children. Trained instructors met with parents and provided important information to help them understand how children grow, learn positive discipline ideas, get ideas on how to have fun with kids, and feel good about themselves. Since the early 90's, the Baker/Donora Focus Center has evolved into a full service delivery site where neighborhood and agency sponsored programs and services can be provided. This model has created a nice bleof that have bemutual nefited the from local residents and community professionals to develop partnerships and enrichment opportunities neighborhood. Baker/Donora provides technical assistance to neighborhood groups and helps build their capacity to effecars, the Center has ed the capacity to serve familiesmpact community children n meaningful wayss and has developee. Over the past eight d a strength to connect systems, tp programs, and resources to famdie neighborhood residents. Currently, the Center provides access to several prevention programs and supportive services to improve outcomes for neighborhood children and adolescents such as the: 1) People and the Environment, Stewardship Together (PEST) Program, 2) Book Buddies, 3) City Kids 4H Club, 4) Star Girls Program, 5) High Adventure Club, 6) Free Breakfast and Lunch Program, and the 7) GED Preparation Program. 1) People and the Environment, Stewardship Together (PEST) Program - many neighbors come to the Center requesting resources to assist them in dealing with problem pests that interfere with their family life. In response the Center developed a partnership with the Ingham Regional Medical Center, the Michigan Department of Agriculture, Michigan State University Resource Development Department, and Michigan State University Extension to work with neighborhood residents on this issue. Hands on training sessions were held and neighbors were trained on ways to eliminate pests without the use of expensive and dangerous chemicals. 2) Book Buddies - for an hour, Michigan State University Habitat for Humanity student members provide books for children and students and read together to improve literacy and offer a new and different view of the world. 3) City Kids 4H Club - Michigan State University Extension staff k ith local children and summer County Faiadolescents to share the values of 4H and to offer a new skill that participants can she r r. 4) Star Girls Program - in partnership with the Neighborhood Youth and Parent Prevention Program (NYPPP), girls between the ages of 9 and 13 are provided the opportunity to come into the Center each week and work with a counselor on journaling for self-discovery, time management skills, substance abuse prevention, and abstinence awareness. 5) High Adventure Club - provides an enriching Scouting experience by allowing Boy and Girl Scouts to work in the Center together to master skills and skill sets, earn badges, experience self discovery, and improve self-esteem. 6) Free Breakfast and Lunch Program - in collaboration with the Lansing School District, the Baker/Donora Center distributes meals to eligible students throughout the summer. 7) GED Preparation Program - in collaboration with the Lansing School District, the Center provides neighborhood based learning opportunities twice a week. Efforts such as the GED Preparation Program provide teen students with an .,.,—,trona to nhtnin s iob. increase their current pay, and/or improve their sense of accomplishment. Old Form 1-3 10 Form 2-2 Page 1 of 1 Vision for Target Community "Ten years from now we would li o see this community...." (Begin typing below and continue on ao,,aonal page(s) if necessary.) Ten years from now the BakerlDonora and Fabulous Acres communities should be model neighborhoods to other residential areas by successfully attracting human and financial resources that help link residents with opportunities that exist in the City of Lansing. To accomplish this, there is a need to build and develop the capacity of neighbors to work and live with each other and encourage stakeholders to join in on community development efforts. There is a vision that Baker/Donora and Fabulous Acres develop into proud and thriving communities of engaged families and neighborhoods. The communities seek to organize in a fashion that will allow for residents to work together and address socioeconomic issues that contribute to community disorganization. There is a desire to end crime, violence, and other social ills that threaten a community's social fabric and the families and children who reside in the area. Through the provision of community based programs and supportive services, neighborhood and community leaders intend to reverse the economic, educational, and social decline that plague urban communities. Ten years from now we believe that Baker/Donora and Fabulous Acres will have a shared community vision and strategy for utilizing existing human and social capital to successfully transform the neighborhood into a place where Lansing residents would love to live. 2. Overall Prevention Goals (Goals should state Inea neral terms what you hope to accomplish with your Title V Initiative In the target community. Goals should state the desired end and not the means to the end.) 1) Expand current prevention programs and services available through the Baker/Donora Focus Center. 2) Increase parental support and community involvement in prevention efforts at the Baker/Donora Focus Center. 3) Develop a neighborhood based prevention coalition/partnership made up of residents, Center staff, and community professionals. 4) Identify action steps that need to be made by the coalition/partnership to address priority community issues. 5) Address underlying causes of 1) early initiation of problem behavior, 2) early and persistent antisocial behavior, 3) family management problems, and 4) family conflict through neighborhood based prevention programs and supportive services. 6) Identify long-term and short-term strategies for sustaining the neighborhood partnership and prevention efforts. 3. Overall Prevention Objectives (Objectives should be related to the prevention goals, and should state in measurable and concrete terms who or what your Title V Initiative intends to change, by how much, and over wnat penvu yr -11-Y 1) During calendar year 2003, the Baker/Donora Focus Center will expand it's current program offerings to include 1) health education/program services, 2) game/movie nights, 3) parent/child workshops, 4) computer based literacy classes, 5) teen life skills groups, 6) young fathers/mothers groups, 7) holiday celebrations, 8) neighborhood activities, and 9) recreational leagues for approximately 3,800 youth and adults. 2) During calendar year 2003, the BakerlDonora Focus Center will recruit approximately 50 parents and community stakeholders to actively contribute as a coalition in the planning and development process of prevention efforts at the Center . 3) By the end of calendar year 2003, the Baker/Donora Coalition will have identified and prioritized 10 priority community issues to help refine and develop intervention strategies for calendar year 2004. 4) By the end of calendar year 2003, the Baker/Donora Coalition will have begun to develop a sustainability plan to ensure that promising approaches, which successfully address community wide risk factors, are institutionalized into the ongoing operations of the Baker Donora Center. 5) A formative evaluation conducted in the 41' quarter of calendar year 2003 will indicate that all grant funded programs are successfully meeting the stated goals, objectives, and outcomes as outlined in the current proposal. 6) Eighty percent of evaluations conducted during calendar year 2003 will indicate that participants were satisfied with the new programing provided at the Center. Old Form 1-8 23 Form 5-1 Page 1 of 2 n I m C I O N 00 O O O C CD N O 2 (D J v V/ O LnO (D 0 CDD C n c m O 7 '. .69o :3 4 N '9 cc n w lh o c d b a� 'o O N 00 O O O O (p O N O "o CA O 00tq"9 - 2 V/ O LnO O V1 C r CD cD 3 -n CD a m m 0 c 7 y c� b ti O 2 V/ c m .69o � 4 '9 w lh o rn CA b a� N N � a v -. o C7 O O -P, y c� b ti 0 v c 0 .69o � 4 '9 w 0 o rn b a� a) y c� b ti A* zi $ § / 2 �v § 4 k +°A (/}2 e k 7ew § k z© :3o\ 2 d2 0 d o z7 § \ 2 q Coe� / f 2 { / \ ƒ \ » k\■§ ®% 6 4® ] § ± k o 2 o Q = m § $ k ƒ/ \\ 0 8 q m;m m R ��� k b 7 \ o 00 \ q E En ƒ \ b 5 ƒ Q ` /\ / 1 @ / E � � ¥ b R � { § rn 2 i d% ° _m £ y / cc f ƒ � § / � k/ \ /s ` \ \o= � / �$ ~ § J« ° 7 2§ CD/ / A ¢ r § o[ » �cn 3 \ E§ n CL mn o� $ \ n !& {\ / \ 2 0 n0 2 K § cn CD 2 ¥§ /\ _ \ 0 oC0. ` _co 2 a« \\� M$ $ $ C4 / /cn / 3 7 / k ° §; 3 m k d 2 -4 -4 / ) m \ / \� § ƒ \ ) C'O$ o 0 _ $ 2® 2 m C.0 >> m m t k 8 K a¢ n n / E / ■ 4Z2. § & 0. CL / cn a M. / ƒ/ } / m p G d Q / D \ \CD a j / ■ \ g X E \ ] / n > \ L\ % & q 2 \ / w 2 ° & § » ] \ ( 2 k / § / \ \ w § � n n \ 2 q � R ® � . 9 \ � - 0 7 � � m 04/03/03 THU 10:48 FAX 5172670113 Gordon L. Steinhauer PROGRAM COMMITTEE Human Relations Community services Advisory Board - Program Committee March 24, 2003 3:00 PIS 0th Floor conference room City Hall The meeting convened at 3 PM with Tom Wilson and Cordon Steinhauer present. They were joined at 3:30 by Kirklin Hall and Chuck Steinberg and Paul Elam at 4:00pm. The minutes of the previous meeting were reviewed and the agenda; for to days meeting confirmed. A brief discussion was held regarding the Muslin and Islamic Lansing community and concern for their rights during the Iraq was. Kirlraan Hall reviewed the previous formation of a group Unity and Community and its later division into two groups who had taken this on as an issue in the past. It was determined that this issue might be one better addressed by the Board rather than the program committee. The issue of committee leadership was reviewed. Both Tom Wilson and Kirklin Hall declined the role of committee coordination or chairmanship. Gordon Steinhauer accepted this role on a short term basis. He agreed to make an effort to provide minutes or summary of the meetings during his coordination. The group reviewed the category of Health and Mental Health services. This group represents 18.3% of the total funding (of HRCS) or $314,472. It was noted that the listing of agencies did not always reflect the type service for the financial support. It was requested that we try to obtain the mature of service rather than just the organizational name in reviewing the categories. Because of the time limits of this meeting each agency was not reviewed. It was noted that of the eight agencies five were funded at or below $15,000. The largest funded service was Ingham County at $176,900. The second was Sparrow Hospital at $47,872 and the third was Community Mental Health at $29,000. This suggest that 70% of the money from this category went to two large existing organizations. A review of these two expenditures reveals that U001 04/03/03 THU 10:48 FAX 5172670113 Gordon L. Steinhauer Ingham County funding is a long standing commitment by the city that allowed the City to not provide a separate Health department. The Sparrow support was to develop a program at the request of the City. The point the committee wish to note is not the high dollar support of two programs but the relatively low support for Health and Mental Health by the City if these two programs were not included. The funded category of $314,472 drops to $89,700 with out these organizations who responded to City requests, At $89,700 the category drops from the number two category by funding to the last. It was repeated that this concern is not a reflection on the funded services but how little is available for other agencies in the category. Four proposals were received by the department in response to the RFP for basic service needs. The total dollars requested was over $300,000. One program submitted by the Red Cross met the criteria and was funded for $54,000. The Approximately $100,000 not committed will be available for potential appeals, re -posting of the RFP or other projects. The committee established its next meeting for April 16 at 3:00 PM in City Hall. All members of the board are invited. The meeting room and agenda will be available in Carol Walton office prior to the meeting. The meeang tfr l review again the nature of services in the Health and Mental Health category and look at the Life Skills category the third largest funded group with 15.1% of the funding. The meeting adjourned at approximately 4:20 PM 0002 CITY OF LANSING HUMAN RELATIONS AND COMMUNITY SERVICES DEPARTMENT HUMAN RELATIONS AND COMMUNITY SERVICES ADVISORY BOARD April 3, 2003 Minutes CALL TO ORDER The March meeting of the Human Relations and Community Services Advisor% Board was called to order by Chair Monica Martinez at 6:13 p.m., 124 W. Michigan Ave.; -9th Floor, City Hall, Lansing, MI. Present: Cheval Breggins, Monica Martinez, Gordon Steinhauer, and Steven Willobee Absent: Rev. Kirklin Hall, Amy Hodgin and Thomas Wilson (unexcused) Staff: Willard K.Walker Director, and Carol Walton, Administrative Secretary LPD Liaison: Captain Edward Forrest, Jr. Lansing Police Department Public: None APPROVAL OF AGENDA Steven Willobee moved to approve the agenda. The motion was supported by Cheval Breggins and carried unanimous. PUBLIC COMMENT None LPD LIAISON'S REPORT Captain Forrest extended his thanks for the board and departments support at the rally. Captain Forrest distributed the MATS data. This survey is collected by the Lansing Police Department. The information is then collected, compiled and distributed by the Michigan State Police, the information contains data on racial profiling. Overall complaints have dropped and have continued to drop since MAT had been introduced. The only issue that skews this is the video system in the cars. Captain Forrest stated that since the Jackson Police Department has instituted their video recording system, their complaints have gone down 98%. Lansing Police Department officer's have no access to the tapes. This is costly but effective. All vehicles are not equipped with the video recording system. Human Relations and C amity Services Advisory Board Minutes of April 3, 2003 Page 2 COMMUNICATIONS Two NAATP letters were received. APPROVAL OF MINUTES Steven Willobee moved to approve the minutes of March 6, 2003. The motion was supported by Cheval Breggins and carried unanimous. COMMITTEE REPORTS Budget Committee Steven Willobee distributed a letter from John McComb regarding FY 2004 Budget Requests for the Human Relations and Community Services Department. The meetings with Theophilis Harvey are progressing as planned. The 5% that is on the table has been discussed. Steven stated that one thing is posed a number of questions too, and sees a possible need for a board recommendation letter to, is the Formula based 1.25% general fund budget. He stated that there is no lower limit set so if revenue fell drastically, so would the departments budget and that would drastically affect agency funding. Steve asked Theophilis to gather information regarding this issue and the budget committee will re -visit it at a later date. Final hearings with Council will be held in May. Program Committee Gordon Steinhauer (see attached report). This committee will meet either the 2nd or 3rd Thursday of each month. The next meeting will be on April 16, 2003 at 3:00 p.m. All members of the board are invited to attend. This meeting will focus specifically on the program areas. Policy Committee Cheval Breggins reported that this committee is reviewing two sexual harassment policies. PETITIONS/COMPLAINTS Christine Hixon —vs- Carol Smith —neighborhood complaint, ongoing harassment CHAIRPERSON'S REPORT Chairperson Monica Martinez commended board members for their attendance at the Cesar Chavez dinner. She also expressed her appreciation for conducting regular committee meetings. Human Relations and C iunity Services Advisory Board Minutes of April 3, 2003 Page 3 DIRECTOR'S REPORT Director, Willard Walker informed the board of the annual Lugnut Game and asked that they choose a date they want to participate and give the information to Carol Walton. Willard stated that staff met with one of the agencies regarding the RFP and will meet with one other agency to discuss this issue also. The meeting took place in regards to their proposals for additional funding. These agencies were asked to submit an innovative proposal that was not a continuation of their same services. They did not do this and therefore did not they did not receive additional grant funding. Willard stated that he wants the department to work more closely with the agencies and help agencies that provide similar services to communicate and work with each other. The department will have a meeting with all agencies to discuss these issues. Willard Walker informed the board that all six issue area teams of the Mayor's Initiative on Race & Diversity have met. To enhance the Race & Diversity effort, a web page will be created. It is hoped that the board members will be a part of the developmental work for this initiative. OLD BUSINESS Annual Hugo B. Lundberg, Jr. Awards Dinner — Monica assigned this project to the budget committee. Review of the current civil rights ordinance NEW BUSINESS Gordon Steinhauer asked that the minutes reflect that there is a potential conflict of interest that he was the National Chairperson of the National Council on Alcoholism and that he serves on the local board. He doesn't see, at this point, that there is a conflict but, if a vote for funding of this agency is required, he will abstain. NEXT MEETING The next meeting is scheduled for May 1, 2003, at 6:00 pm, in the 9t'' Floor Conference Room of City Hall, located at 124 W. Michigan Avenue, Lansing, Michigan. ADJOURNMENT The meeting was adjourned at 7:13 p.m. E e eq —INA April 2003 Prepared by David L. Carter, Ph.D. Andra Katz Bannister, MD. Joseph Schafer, Ph.D. ANALYSIS OF THE LANSING POLICE DEPARTMENT MATS DATA: A TWENTY-FOUR MONTH STATUS REPORT A Report Submitted to Chief Mark Alley Lansing, Michigan Police Department April 4, 2003 Submitted by: David L. Carter, Ph.D. Andra Katz -Bannister, Ph.D. Joseph Schafer, Ph.D. Lansing Police Department/Rar •ofilinglFivo Year Report: 3 ANALYSIS OF THE LANSING POLICE DEPARTMENT MATS DATA: A TWENTY-FOUR MONTH STATUS REPORT In response to a national debate, the Lansing Police Department (LPD) began a voluntary and comprehensive process of ensuring LPD officers did not practice what has become known as "racial profiling" or "racially biased policing." This is the fourth report of the MATS data analysis. While some reference is made to the first three reports, the data analysis reflects only those findings from the fourth six month time period of MATS data collection. In _. order to place the issues in proper perspective, some background information is warranted.' BACKGROUND As a result of incidents around the country—most notably involving the New Jersey Highway Patrol—it was learned that some police officers were using race and ethnicity as a primary factor of "suspicion" that certain people may be involved in crime. There are several historical factors that contributed to this: 1. Cultural Distinction. The idea of "cultural distinction" influences the behavior of all people; not just police officers. People tend to draw conclusions about members of different cultures based on erroneous assumptions and misinterpretations of the culture. If someone is "different", this may seem "unnatural" or "suspicious". Perhaps the best contemporary example—notably since the terrorist attacks of September 11, 2001—is the reaction directed toward Muslims and people perceived to be Muslims or from the Middle East, regardless of their religion. There have been cases where Arab -American businessmen were denied passage on airlines because their appearance—and the assumption they could be a terrorist—made passengers and/or flight crew nervous. This cultural distinction, makes people of one race/ethnicity suspicious tThe material in the "Background" section of this report is an update of the "Background" in the three previous reports. The authors believe it is necessary to provide this context to the reader in case this report is read by someone without the benefit of being aware of the background as provided in the first report. The authors are sensitive to the issue of redundancy, however, it would be irresponsible to provide a "stand alone" data report without the full context. Lansing Police Department/Rr 'rofilinglFivo Year Report: 4 of others, thereby causing stereotyped conclusions—this is a form of "racial profiling" that is a social -psychological reaction experienced by virtually everyone at one time or another. 2. Police Training Legacy. In past generations, officers were taught in training that if, while on patrol, they observed a person "who did not fit the area" it was "good police work" to stop the individual "to find out what they are up to". In, practice, this usually meant that a Black or Hispanic person driving an older vehicle in a predominantly White middle- or upper-class area would be stopped for questioning under the assumption that the "suspect" was planning a burglary, auto theft, or burglary of a vehicle. On the other hand, a White driver in an expensive vehicle driving slowing through a predominantly disadvantaged minority community would come under suspicion as well. Importantly, the only criteria was that "the person did not fit the area"; a factor that does not meet the test of lawful criminal procedure. While this practice is no longer taught to new police officers, the practice still remains to an extent, informally passed between generations of officers, under the guise that "it's good police work." The implications is that ongoing training and supervision are needed to eliminate the practice. 3. Operation Pipeline. In order to respond to drug trafficking and distribution in the U.S., the Drug Enforcement Administration (DEA) and Arizona Highway Patrol, jointly developed a lengthy protocol designed to "profile" drug couriers. The protocol gave officers a wide range of variables to look for which, in combination, suggested that the person possessing those variables was a probable drug trafficker. When employed correctly, the protocol identified drug traffickers with a reasonable degree of consistency. However, the process was time consuming and awkward to employ, particularly if an officer was following a target and attempting to assess variables in the protocol while traveling down the road. In the allegations of profiling by the New Jersey Highway Patrol (NJHP), it was alleged that NJHP officers would select variables such as a young black male driving a rental car as a person to stop as a probable drug courier. Even though the protocol may include these variables, the protocol would include additional variables such as location, time, furtive conduct, position of the car (suggesting weight), and other factors. These were essentially ignored, hence many innocent people were stopped by the police, largely as a result of their race or ethnicity. Lansing Police Department/R nrofilinglDvo Year Report: 5 Even though officers may have become suspicious of a person largely as a result of their race or ethnicity, it was understood that there had to be probable cause to stop the vehicle. Thus, officers would typically use some form of traffic violation—e.g., improper lane usage, license expiration, vision obstruction, etc.—as the legal reason to stop the vehicle. This is known as a pretext stop because the motivating reason to stop the vehicle was for the officer to question the "suspicious driver", it was not primarily traffic law enforcement. The traffic violation becomes the means, not the end. Interestingly, the United States Supreme Court has affirmed that the use of a pretext stop is lawful.2 The subsequent debate associated with racial profiling has been whether police officers use pretext stops with greater frequency involving non-White drivers than they do with White drivers. This allegation—disproportional use of pretext traffic stops involving racial and ethnic minority drivers—fueled a response among policy makers. With support from Civil Rights leaders, both policy pronouncements and legislation began to mandate that police departments collect data on the demographic characteristics of drivers stopped for traffic violations, as well as, the circumstances surrounding the stop. The intent was to find a measure which would indicate the unjustified demographic disproportionality of drivers stopped for traffic violations. It is important to note that demographic disproportionality of drivers stopped by the police is not a problem, per se. Rather, the issue is whether that disproportionality is based on legally justifiable criteria (i.e., no profiling) or whether that stop was the product of an officer's conclusions about the driver based on the driver's race or ethnicity (i.e., racial profiling). This presents a problem that is compounded by a different interpretation of facts by the officer and the citizen. Poor communications, different perceptions of facts, and a legacy of distrust between the police and minority community (nationwide) aggravate the problem. There are some important concerns about the simple review of data reporting the demographic proportionality of drivers stopped by officers. First, it is virtually impossible to determine if an officer's behavior is motivated by lawful actions or unjustified pretext stops, without confirmation by the officer him/herself. Assumptions cannot be made about an officer's motivation by simply reviewing the demographic data of traffic stops. For example, it is unlikely that an officer is "profiling" when s/he stops a 2Whren v. U.S., 517 U.S. 806, (1996). Lansing Police Department/R 'rofilinglFwo Year Report: 6 demographically disproportionate number of drivers for speeding as a result of radar speed measurement. Conversely, if an officer has a high demographic disproportionality of traffic stops involving minority drivers for which few citations are issued, this may warrant closer examination of the officer's reasons for the stops and lack of citations. Other factors contribute to the equation in trying to determine if an officer's demographically disproportionate traffic stops—including pretext stops—are justified or not. For example, if a police officer has received a crime analysis report about a burglary trend with evidence that the burglars may be young, Black males committing daytime burglaries, then the officer would be justified in using pretext stops in the burglary areas to target individuals meeting the characteristics of the burglars. With this information, the officer is acting on reasonable grounds with explicit criteria for the stop related to known crimes. Race/ethnicity may become one of these factors if there is reliable evidence, such as a witness. The officer is not acting on mere suspicion because of race/ethnicity. In this illustration, there is demographic disproportionality in traffic stops, but it is legally and ethically justifiable based on the crime data. The important aspect to note is that this is not a simple process of comparing traffic stops to census demographics.. There is no universal standard of comparison to determine if officers are "racial profiling" or not. Similarly, a conclusive judgment cannot be made about an officer's motivations simply by looking at his/her "numbers". Rather, the data serve as a barometer to suggest if there are policies or practices which should be examined more closely to ensure that there is no discrimination. There are other compounding issues. The lay reader should note that the United States Supreme Court has held that a police officer may stop, detain, and frisk a person when the officer has reasonable grounds, based on his/her experience, to believe that the person has committed, is committing, or is about to commit a crime.3 This is an investigatory stop which may begin with a pretext traffic stop. Thus, as long as the officer can articulate the reasonable grounds—which may be a collection of circumstantial facts—the officer can ask the driver and passengers to step out of the car, frisk them, and interview them. Police officers should carefully document the cases because they are often the focal point of a complaint about racial profiling. 3Terry v. Ohio, 392 U.S., 1 (1968). Lansing Police Department/Ri °rofilinglFivo Year Report: 7 Finally, this report is an analysis of aggregate data trends—not an assessment of individual officers' behaviors. Once again, data cannot be reviewed on the stops of an individual officer to draw conclusions about whether or not the officer has "racially profiled" drivers. The process is far more complicated. If an officer works in an area where the residents are predominantly minorities, it is reasonable to assume most drivers encountered by the officer will be minority drivers. The determination of whether an individual officer is "profiling" is not found in the numbers of persons stopped by the officer nor the demographic characteristics of the drivers. Rather, it is found in the reasons used by the officer to make the traffic stops. Thus, the responsibility for monitoring this comes largely from the officer's immediate supervisor, not a data analysis. THE LANSING MODEL It is recognized that data alone—particularly when there is no conclusive standard of comparison—does not necessarily provide the most accurate picture of the existence, or lack thereof, of racial profiling problems. Most importantly is the organizational culture in the police department, the quality of supervision, and leadership. The unique aspect of the Lansing Police Department's approach to this issue is that the department did not rush into a traffic stop data collection study, just to "get the numbers". Instead, under the leadership of Chief Mark Alley, the department took a comprehensive view of the issues associated with racial profiling and sought to implement a plan for organizational change. This approach is certainly more time-consuming than the approaches taken by other police departments—it is also more effective. In summary form, what has become known as "The Lansing Model" contains the following elements: Philosophy: Racial profiling must be operationally defined and empirically measured to determine its character and existence in the department. Whatever form the practice may take—and it may take multiple forms—it cannot be remedied by simple mandate nor controlled through monitoring demographic data of traffic stops. Rather, there must be substantive change in the organizational culture. As such, the are four philosophical tenets to the LPD Management Analysis of Traffic Stops (MATS) initiative. I Lansing Police Department/F ProfilinglFwo Year Report: 8 1. To address police profiling of minorities, we must fully understand the concept of racial profiling; social - psychological dynamics of both officer and community behavior; legal issues; implications of police procedure; and the interactive behavioral dynamics of the police and community in such incidents. 2. There must be a mechanism to document such incidents, assess any discernible trends, and identify and investigate individual improprieties. 3. If overt, insidious cases of racial profiling are identified, the _ disciplinary process must be imposed. 4. Prevention and remedial strategies for improper institutionalized behavior requires changes in organizational attitudes, values and beliefs. Protocol: In order to operationalize this philosophy, a multi -stage protocol has been developed. 1. The first step was to create an Implementation Team which included management personnel who were critically involved in policy implementation; representatives of the police collective bargaining units; the city Human Relations Director, and external advisors. Using a participatory management style, the Committee's role was to provide guidance for the total implementation process. 2. Research was conducted on national issues and trends related to police profiling of minorities. 3. Focus groups of uniformed personnel were conducted representing all shifts and geographic assignments to determine issues and concerns as well as gain practical information on accountability models/processes. 4. Community meetings were held to gain insight on how citizens explicitly view racial profiling in the city and gain insight on issues and processes which must be addressed from the perspective of citizens. Lansing Police Department/Ra ofilinglFwo Year Report: 9 5. A White Paper on Policy was prepared which discussed both the broad national issues and those specific to Lansing. This paper served as a learning document for both the police and community providing a foundation for: a. Policy and procedures b. Organization change c. Police training d. Community education 6. A data collection form, policy and procedure were developed to serve as the mechanism to monitor _ demographic trends in traffic stops. 7. Training was provided to all uniformed personnel on: a. The issue of racial profiling, generally. b. Current law and policy associated with officer behavior that has led to profiling allegations. c. Perceptions, relations, and interactions with minority communities. d. Use of the LPD MATS data collection form and related procedures. S. Training was provided to uniformed supervisors concerning their responsibilities specifically related to the racial profiling issue and the new MATS process. 9. Community education sessions were held to discuss police procedure and minority relations and the racial profiling issue. 10. Evaluation includes: a. Processes used in the MATS program b. Institutional (aggregate) accountability outcomes c. Individual accountability In sum, the Lansing Model attempted to mold the organizational culture so that officers could understand and adhere to both policy and law. z Lansing Police Department/Racir Sling/Two Year Report: 10 As noted in the original LPD Racial Profiling Paper4, when racial profiling by the police occurs it is typically a subconscious act. This model is to bring awareness to the forefront in order to ensure that unacceptable practices do not occur. METHODOLOGY Beginning February 12, 2001, following the developmental steps described above, uniformed LPD officers working in marked units were required to complete a MATS data form describing the driver's demographic characteristics and the circumstances related to each officer -initiated traffic _ stop and'for each traffic accident to which they were dispatched. Since there is difficulty in establishing a standard of comparison, one idea was to compare the demographic characteristics of drivers stopped for traffic violations to those drivers involved in accidents. This experiment was to determine if this was a useful standard by which comparisons could be made. By the end of each shift, officers submitted completed MATS forms to their supervisor who, in turn, reviewed and "signed off" on completed forms and forwarded them for processing. Part of the supervisors' responsibility is to monitor officers' behaviors and be alert to any potentially anomalous problems. KEY FINDINGS FROM THE SIX MONTH REPORT An analysis of the first six months of MATS data was completed with a report submitted to Chief Mark Alley. While a synopsis of those findings is presented below, the reader is referred to the actual report before drawing any comparative conclusions.5 Based on the first six month analysis of the MATS data collection, there were no trend data suggesting Lansing police officers stopped demographically disproportionate drivers without legal justification. A slightly higher proportion of Black and Hispanic drivers were stopped by police officers compared to the demographic proportions reported in the 2000 Census for Lansing. The differences (approximately 5%) do not appear to be 4The paper is available on the Lansing Police web site at htt2:/ /www.lansingpolice.com, under the menu item "Special Projects" followed by "Profiling Project". 513oth the six month and one year reports are available on the Lansing Police Department web site, http://www.lansingpolice.com Lansing Police Department/Raci filing/Two Year Report: 11 significant because (1) Census data do not account for transient drivers who do not live within the city and (2) police officers are deployed more densely to areas within the city which have higher call and service demands for the police. These areas in Lansing tend to have a disproportionately higher number of minority residents, hence the probability of officers stopping minority drivers increases. With respect to the issue of "racial profiling", it was found that both arrests and warnings were more commonly noted in stops involving minority drivers, while citations were more commonly observed in stops involving White drivers. Moreover, an important finding was that in over 80% of traffic stops where a search was involved, the legal authority was a "search incident _ to arrest", indicating little discretion for the search by the officer. As discretion for officers' actions decreases, so does the probability of profiling. KEY FINDINGS FROM THE ONE YEAR REPORT The one year data suggest that LPD officers follow law and policy for traffic stops and that neither the character of the traffic stops nor the circumstances associated with the traffic stops reflect inappropriate targeting of any racial or ethnic group. Perhaps the most insightful data are related to searches. These data suggest that while there is a disproportionate number of minority drivers who are searched when compared to White drivers, the searches are those which have clear justification in law (e.g., searches incidental to an arrest) rather than being discretionary searches (e.g., request for consent.) When compared to the 2000 Census data for the City of Lansing, there were minor disproportionalities noted in the LPD traffic stops when compared to the Census proportions. Men were stopped disproportionately more frequently when compared to women; young drivers (in their teens and twenties) were stopped disproportionately more frequently when compared to older age groups. While there are not specific MATS data to explain these differences, there is a strong legacy of research and actuarial insurance data that suggests younger drivers and men commit more traffic violations. When comparing the proportion of drivers stopped to the proportionality of residents based upon race/ethnicity, there were slight differences: 2.2% more Black drivers were stopped than Lansing residential proportionality; 1.3% less White drivers were stopped than residential proportionality. These differences are not significant and can be attributed to Lansing Police Department/Ra rofilinglFwo Year Report: 12 a wide range of variables unrelated to any form of profiling of drivers. Interestingly, there was 3.5% fewer Hispanic and 1.0% fewer Asian -Pacific Islander drivers stopped than the residential proportionality. KEY FINDINGS FROM THE EIGHTEEN -MONTH YEAR REPORT During this six month increment of analysis (months 13-18 of the LPD MATS program), there were two noticeable changes in the data. First, there was an approximate 8% fewer traffic stops compared to the previous two six month intervals. Second, there was a smaller proportion of formal dispositions, (e.g., citations) during this analysis period compared to the previous periods. An analysis of the data does not reveal the cause of these reductions, however that is not surprising. The variables measured in the MATS program are necessarily limited, because they seek to identify patterns of discriminatory behavior, not measure other causal dynamics. Intuitively, one could conclude that some type of environmental and/or policy factors contributed to these reductions. Regardless of these reductions, the findings of this six month period are consistent with those in the previous six and twelve month reports. From these data, no anomalies emerge which would suggest that officers are treating minorities any differently than whites on matters of traffic stops. As in the previous reports, the data suggest that LPD officers follow law and policy for traffic stops and searches. Moreover, it appears that neither the character of the traffic stops nor the circumstances associated with the traffic stops reflect inappropriate targeting—i.e., "profiling"—of any racial or ethnic group. TWENTY-FOUR MONTH DATA ANALYSIS: OVERALL RESULTS On the whole, the results of this study do not suggest a significant shift in the nature of traffic stops in Lansing from the 18 -month report submitted by this evaluation team. While this assessment focuses only on analysis of the data received during the months 19-24 of the MATS program rather than specifically making comparisons over the past two years, few changes appear to have occurred in the traffic enforcement behaviors of LPD officers during this timeframe. The number of traffic stops and searches during months 19 to 24 of data collection is similar to the same time frame the previous year (months 7 to 12). Although month-to-month differences and variation are noted, the evaluation team finds no evidence that MATS reporting behaviors Lansing Police Department/Ra •ofiling/Tevo Year Report: 13 were impacted by the release of any of the three prior status report. Variance is likely the product of increased traffic enforcement by motorcycle officers, most of whose enforcement involves speeding violations. This report reflects the results of months 19 to 24 of data collection (all stops from August 12, 2002, through February 11, 2003). During the course of this six-month period, LPD officers used MATS forms to report data for 19,351 traffic stop encounters. Of these encounters, 15,741 (81.3%) were non -accident related (traffic stops not initiated because of a traffic accident). The remaining 3610 (18.7%) encounters were accident -related (traffic stops pursuant to the investigation of a traffic accident). It should be noted that officers completed multiple MATS forms for the majority of these accident -related encounters. _ Typically, officers would complete a MATS form detailing their interactions with the occupants of all vehicles involved in a traffic accident. Thus, the actual number of traffic accidents investigated by LPD officers during this six- month period is likely to be lower than the number of accident -related MATS forms. Across the timeframe of 'the study, there was variation in the rate of traffic stops initiated per day. Table 1 presents the average rate of stops per day during this study's time frame, both overall and by the type of stop. These rates have been calculated to control for variations in the number of days in each month. On a given day in Lansing, there were around 100 traffic stops, however some variation is noted. In particular, discretionary stops by officers (non -accident related stops) varied from month-to-month, while at the same time, rates of reporting accident related stops were relatively stable. This would seem to suggest variation in officer traffic enforcement behavior, rather than variation in compliance with MATS protocols. The timing of the variation in discretionary stops further supports the former explanation. Rates for these stops were higher during the first part of the timeframe covered in this report, when weather would generally be more favorable. Rates tended to decline in the winter months when officers may be less inclined to engage in proactive traffic enforcement — particularly via motorcycle officers — and when some violations, such as speeding, may be less common due to poor road conditions. Variation is also noted in the time of day during which traffic stops occurred. Figure 1 displays the total number of traffic stops for each hour of the day by the type of stop (accident or non -accident related). The frequency of all types of stops tended to be lowest during the early morning hours. Frequencies rapidly rose between 6:00 and 9:00 AM, before declining from the late morning through the early evening (with a noticeable mid-afternoon Lansing Police Department/Ra, ',ofiling/Fwo Year Report: 14 plateau). The frequency of stops rose dramatically during the early evening hours (after 8:00 PM), reaching their highest levels during the hour of 10:00 PM before declining into the early morning hours. These patterns are proportionally consistent with the three previous MATS reports, suggesting consistent patterns of traffic enforcement activity by LPD officers. Table 1: Rate of Traffic Stops Per Day* &014-'ACCIDENT`ACCIDENT ALT STOPS. RELATED STOPS ' ' RELATED; STOPS ......., ... �N=19,351) (N August 2002 110.5 89.8 20.7 = — September 2002 112.0 92.1 19.9 October 2002 116.7 96.1 20.6 November 2002 108.8 90.6 18.3 December 2002 93.6 87.6 17.6 January 2003 98.1 78.5 19.6 February 2003 87.0 68.0 19.0 *Rates for August 2002 and February 2003 are adjusted to reflect less than a full month of data collection. The demographic characteristics for drivers are reported in Table 2. A certain amount of variation is observed based upon the reason for a traffic stop (accident or non -accident related). While the drivers in non -accident related traffic stops tended to be male (60.6%), the proportion of male drivers in accident related stops was less skewed (53.8%). Across all types of stops, drivers were most frequently White (65.4%). In must be noted that the only racial groups which appear to vary by type of stop are White and Black drivers; the distribution by race/ethnicity is not observed to appreciably vary for other racial groups. Black drivers were more prevalent in non -accident related stops than in accident related stops. The distribution by age also varied based upon the type of traffic stop. The average age of drivers in non - accident related stops was more than 4 years less than that of drivers in accident related stops (32.82 years and 36.94 years, respectively). In reports such as these, readers often make the simple comparison between demographic characteristics of a census population and the demographic characteristics of drivers stopped for traffic violations. There are inherent problems with this type of comparison due to extraneous variables such as transient traffic, police "deployment by demand" strategies, and the use of special enforcement initiatives to deal with specific traffic accident Lansing Police Department/Rad, hling/Two Year Report: 15 problems and/or traffic complaints, both of which would be geographic - specific. Despite these problems, the proportions of persons stopped for traffic violations by LPD officers are surprisingly close to the census proportions of race/ethnicity with the exception of "Hispanic" and "'Other" drivers, both of whom are under -represented in traffic stops. 1800 1600 1400 a 1200 0 N w 0 1000 d E 800 c 0 600 F- 400 200 0 Figure 1: Total Stops by Time and Type of Stop 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of stop (24 hour dock) -•- Non -accident stops - v Accident -related stops - All stops Lansing Police Department/Ra rofiling/Tioo Year Report: 16 Table 2: Demographic Characteristics of Drivers (expressed as column percentages). rr 'NoACc10ENT' ACCIDENT 2000,CENsus ' ALL STOPS RELATED STOPS;' RELATED STOPS CHARACTE sTics (N=15,41) .' (N 3,610} {PEREENTA'GES) Gender Male 59.3 60.6 53.8 46.2 Female 40.7 39.4 46.2 53.8 Race/Ethnicity Black 23.2 24.6 17.0 21.9 Asian -Pacific Islander 2.0 1.8 2.5 2.9 Hispanic 6.0 6.1 5.7 10.0 White 65.4 64.0 71.4 65.3 Other 1.6 1.6 1.7 9.9 Not Apparent 1.8 1.9 1.8 -- Age Bracket 10-19 11.5 11.6 11.3 Data 20-29 36.0 37.7 28.6 Categories 30-39 22.2 22.7 20.0 And 40-49 16.2 15.7 18.5 Statistics 50-59 9.2 8.5 12.2 On Different 60-69 3.1 2.7 5.1 Scales, Thus 70-79 1.3 0.9 3.0 Not 80-89 0.4 0.3 1.3 Comparable 90-99 0.0 0.0 0.0 Average Age (in years) 33.59 32.82 36.94 31.4 Additional analysis was conducted on the traffic stops that were non - accident related. The Lansing Police Department launched this data collection effort to develop a better understanding of how LPD officers were using their discretion. Although there are discretionary elements in accident related traffic stops, the origins of these encounters are non -discretionary. For the purpose of this report, the authors believe it is most appropriate to focus on non -accident related stops because these encounters allow officers to exercise the most discretion (starting with the decision to initiate an encounter). Officers reported the reasons that led them to initiate non -accident related traffic stops, as reported in Table 3. The majority of these stops were the result of an officer observing some form of violation. Most non -accident stops resulted in an officer issuing a citation, although warnings were also very common. Table 4 provides the dispositions of all non -accident related traffic stops. Lansing Police Department/Ra( ofil ing/Two Year Report: 17 Table 3: Reason for Non -Accident Related Traffic Stops Moving violation 11026 70.0 Equipment violation 1866 11.9 Registration 1691 10.7 Other 1158 7.4 Table 4: Disposition of Non -Accident Related Traffic Stops* FxEQvENCY`' PExCEIVT Citation issues 12013 76.3 Arrest made 787 5.0 =- — Warning issues 2978 18.9 Report written 112 0.7 * Disposition categories are not mutually exclusive. Officers could use more than one option in a given traffic enforcement encounter. STOPS WITH SEARCHES Searches were conducted in a relatively small proportion of all non - accident traffic stops. During the time frame covered in this report, officers reported conducting searches during 966 non -accident stops (6.1% of all non - accident stops). Table 5 indicates who was the subject of such searches. Because officers could conduct multiple searches during a single traffic enforcement encounter, these search categories are not mutually exclusive. In addition, no information was collected concerning passenger characteristics, so a further analysis of these variables and their relationship with searches is not possible. Table 5• Searches During Non -Accident Related Traffic Stops PERCENT OF NON PERCENT OF IVON-ACCIDENT FREQUENCY 'ACCIDENT STOPS, STOP$ WITH SEARCHES Driver searched 553 3.5 57.2 Passenger(s) searched 62 0.4 6.4 Vehicle searched 516 3.3 53.4 * Categories are not mutually exclusive. An officer could conduct a search of any three of these possible outcomes. Frequencies and percentages reflect the proportion of all non -accident related stops that involved this form of saarch. Lansing Police Deparhnent/Ra( vfiling/Two Year Report: 18 Officers were required to report the legal basis for conducting a search during the course of a traffic stop. This information is reflected in Table 6. The information in this table indicates, among other things, that officers rarely used their own discretion to conduct a search. The majority of all searches (83.9%) were "searches incident to a lawful arrest." In such situations, officers are conducting the search pursuant to established criminal procedure, rather than exercising discretion. As a result, the probability of a search being based on a racial profile is significantly reduced. Several other categories would also suggest searches made out of procedure, rather than via discretion (e.g., the inventory of a vehicle to be towed or a plain view seizure). Items were discovered and/or seized during 164 searches in non- _ accident related traffic stops. This represents 1.0% of all non -accident related stops and 17.0% of those stops involving some type of search. Table 7 presents the types of items that were discovered/seized in the course of these searches. Many of these items were relatively innocuous; alcohol and drugs were the most commonly seized forms of contraband. Weapons were only discovered in 1.0% of the searches. It should be noted that a relatively substantial number of stops producing contraband involved items falling outside of the response categories listed on the MATS form. Tables 8, 9 and 10 provide alternative perspectives on the data by displaying stops, searches and contraband discoveries/seizures based upon the driver's race/ethnicity, gender and age bracket. The reader is reminded that this study's unit of analysis is the individual traffic stop, not the driver. The fact that a search was conducted does not mean that the driver was actually the subject of such a search. Also, these tables do not reflect the characteristics of passengers who may have been the subject of searches. Table 6: Authority For Searches In Non -Accident Related Traffic Stops* PERCENT OF NON, ACCIDENT ".PERCENT of NON A666END.STOPS F,RSQUENCY, Y ,, STOPS _ i . ,, ; , iNITIi;SEARCFTES. , . Consent 78 0.5 8.1 Incident to arrest 810 5.1 83.9 Terry cursory 34 0.2 3.5 Tow inventory 14 0.1 1.4 Plain view 10 0.1 1.0 Probation/parole 0 0.0 0.0 * Authority categories are not mutually exclusive. Because an officer could conduct multiple searches during the course of a traffic stop encounter, there could be multiple authorities for such searches. Lansing Police Deparhnent/Rac )filing/Two Year Report: 19 Table 7: Items Discovered/Seized Through Searches In Non -Accident Related Traffic Stops* PERCENT OF ALL PERCENT OF NON- PERCENT OF NON- SEARCHES PRODUCING :ACCIDENT STOPS ACCIDENT STOPS WITH CONTRABAND FREQUENCY SEARCHES Weapons 10 0.1 1.0 6.1 Vehicles 7 0.0 0.7 4.3 Drugs 45 0.3 4.7 27.4 Alcohol 78 0.5 8.1 47.6 Cash 10 0.1 1.0 6.1 Other property 31 0.2 3.2 18.9 * Item categories are not mutually exclusive. Multiple items could be discovered and/or seized during the course of a search. Table 8: Driver's Race By Non -Accident Stops, Searches, And Contraband Discoveries/Seizures NUMBER OF STOPS NUMBER OF SEARCHES NUMBER OF DISCOVERIES (% DRIVER'S RACE (% OF ALL STOPS) (% OF ALL SEARCHES) OF ALL DISCOVERIES) Asian -American 291(1.8%) 6(0.6%) 0(0.0%) Black 3880 (24.6%) 418(43.3%) 77(47.0%) Hispanic 961(6.1%) 102(10.6%) 12(7.3%) White 10068 (64.0%) 423(43.8%) 72(43.9%) Other 249(1.6%) 7(0,7%) 2(1.2%) Not Apparent 292(1.9%) 10(1.0%) 1(0.6%) Table 9: Driver's Gender By Non -Accident Stops, Searches, And Contraband Discoveries/Seizures DRIVER'S NUMBER OF,STOPS NUMBER OF SEARCHES NUMBER OF DISCOVERIES GENDER (% OF ALL STOPS) _(_% OF ALL SEARCHES) (% OF ALL DISCOVERIES) Female 6209 (39.4%) 230(23.8%) 35(21.3%) Male 9532 (60.6%) 736(76.2%) 129(78.7%) Lansing Police DepartmentIM YofilinglTwo Year Report: 20 Table 10: Driver's Age Bracket By Non -Accident Stops, Searches, And Contraband Discoveries /Seizures 10-19 1822 (11.6%) 125(12.9%) 26(15.9%) 20-29 5942 (37.7%) 422(43.7%) 72(43.9%) 30-39 3567 (22.7%) 231(23.9%) 40(24.4%) 40-49 2468 (15.7%) 133(13.8%) 16(9.8%) 50-59 1339(8.5%) 48(5.0%) 10(6.1%) 60-69 424(2.7%) 7(0.7%) -- 70-79 138(0.9%) -- -- 80-89 40(0.3%) -- 90+ 1(0.0%) -- -- * Mean age of driver = 32.92 years. RACE, GENDER AND SEARCHES A key impetus for this research project was to understand the role of various demographic factors in traffic enforcement encounters. Table 11 presents the race/ethnicity and gender of all drivers involved in non -accident traffic stops. The first column lists the possible race/ethnicity and gender combinations for drivers involved in non -accident traffic stops during the study time frame. The second column reports the number of stops involving each race/ethnicity and gender combination. The third, fourth and fifth columns reflect the percent of drivers within various classifications (e.g., 24.2% of female drivers were Black, 38.7% of Black drivers were female, 9.5% of all drivers were Black females). The final column indicates the odds of a driver being searched in the course of a non -accident related traffic stop. For example, when the driver was a Black female, a search was conducted in 3.1 out of 100 non -accident stops. Table 12 reflects the odds that various forms of contraband were found when searches were conducted during non -accident traffic stops. The odds are reported based upon the race/ethnicity and gender of the driver. The reader should note that several rows in this table are highlighted to reflect that a very small number of searches were conducted with drivers of the respective race/ethnicity and gender combination. These small numbers may skew the odds in these cases. It must also be noted that the discovery and/or seizure of any form of contraband does not necessarily mean that the driver was in possession of such items. The unit of analysis for the MATS form is an individual traffic stop. Officers reported driver demographics and search Lansing Police Department/Rac �/iling/Tivo Year Report: 21 outcomes. The data do not allow for the discovery of contraband to be linked to a particular individual in a vehicle. TABLE 11: Drivers By Gender And Race/Ethnicity For Non -Accident Related Traffic Stops Table 12: Odds (In 100) Of Contraband Being Discovery And/Or Seizures By Driver Race/Ethnicity And Gender .,COLUMNA � COLUMN B :.; `COLUNtN C COLUbIN`D ` ;COLUNIN'E r °% OF DRIVERS;' % OF DRIVERS ' `' % OF ALL #.OF sEARCHES FR&QUENCY ivrh NGENDEA`;., WITHIN RACIAL. - "DRIVERS'' (ODDS W'100 OF. xZ SEARCH) Asian American Female * 98 1.6% 33.7% 0.6% 0(--) Black Female 1502 24.2% 38.7% 9.5% 46(3.1) Hispanic Female 348 5.6% 36.2% 2.2% 16(4.6) White Female 4089 65.9% 40.6% 26.0% 72(1.8) Other Female * 60 1.0% 24.1% 0.4% 0 (--)-- Not Apparent Female * 112 1.8% 38.4% 0.7% 2(1-8) Asian American Male * 193 2.0% 66.3% 1.2% 5(2.6) Black Male 2378 24.9% 61.3% 15.1% 195 (8.2) Hispanic Male 613 6.4% 63.8% 3.9% 57(9.3) White Male 5979 62.7% 59.4% 38.0% 190 (3.2) Other Male * 189 2.0% 75.9% 1.2% 6(3.2) Not Apparent Male * 180 1.9% 60.6% 1.1% 5(2.8) * Dataset contains 10 or fewer non -accident stops where the driver had this race/ethnicity/gender composition and was searched. Table 12: Odds (In 100) Of Contraband Being Discovery And/Or Seizures By Driver Race/Ethnicity And Gender A xZ w a'' w D .. z .' U) H U EO w W a u ` z Asian American Female * -- -- -- -- -- -- -- 100.0 Black Female -- -- 3.4 6.7 - 1.1 11.2 88.8 Hispanic Female -- -- 4.3 4.3 -- -- 8.7 91.3 White Female -- 2.3 3.0 6.8 0.8 6.0 16.5 83.5 Other Female * -- -- -- -- -- -- -- 100.0 Not Apparent Female * -- -- -- -- -- 33.3 33.3 67.7 Asian American Male * -- -- -- -- -- -- -- 100.0 Black Male 6.7 0.9 6.9 7.4 2.0 3.1 19.1 80.9 Hispanic Male 1.1 -- 2.2 7.7 -- -- 11.0 89.0 White Male 0.6 0.3 3.1 9.0 0.6 3.1 15.5 84.5 Other Male * 12.5 -- 12.5 -- -- -- 25.0 75.0 Not Apparent Male * -- -- -- -- -- -- -- 100.0 * Dataset contains 10 or fewer non -accident stops where the driver had this race/ethnicity/gender composition and was searched. t Because officers could seize multiple forms of contraband on a single stop, the various categories are not mutually exclusive and the values in the columns to the left do not necessarily sum to the value appearing in this column. Lansing Police Department/Rae: filing/Ttoo Year Report: 22 In examining the odds of being searched by race/ethnicity and gender, it is crucial to examine the legal authority that allowed an officer to conduct a search. The odds of various legal authorities legitimating an officer's search (when there were searches) are presented in Table 13 by driver race/ethnicity and gender. When searches were conducted during non -accident traffic stops with Black female drivers, the legal authority for 9.0/100 searches was the driver's consent; 80.9/100 searches were incident to arrest in such stops. Because an officer could have multiple legal authorities justifying multiple searches in a single stop, these columns are not mutually exclusive. Of key importance in this table are the differential patterns that emerge among the various authorities. For example, minority male drivers tended to be involved in search situations that were not purely discretionary. When an officer conducts a search that is "incidental to a lawful arrest" or for a tow inventory, that officer is following policy and procedure more than discretion. As noted previously, when an officer seeks a driver's consent or conducts a Terry search, that officer is exercising discretion. Among male drivers, it was more common for discretionary searches (consent and Terry cursory) to be made when the driver was White. Minority drivers were more likely to be involved in searches that were more a matter of policy/procedure than officer discretion. Table 13: Odds (In 100) Of Various Legal Authorities By Driver Race/Ethnicity And Gender Asian American Female* -- -- -- -- -- Black Female 9.5 85.7 -- 1.2 -- Hispanic Female -- 100.0 -- -- -- White Female 9.9 84.3 1.7 0.8 -- Other Female* -- -- -- -- Not Apparent Female* -- 100.0 -- -- -- Asian American Male* -- 100.0 -- -- -- Black Male 7.8 84.1 3.3 2.4 1.5 Hispanic Male 5.0 83.8 8.8 1.3 . -- White Male 8.9 81.8 4.6 0.7 1.7 Other Male* 14.3 71.4 -- -- Not Apparent Male* -- 71.4 -- 14.3 -- Dataset contains 10 or fewer non -accident stops where the driver had this race/ethnicity/gender composition and was searched. Lansing Police Department/Rar ofiling/Two Year Report: 23 The outcomes of all non -accident traffic stops are presented in Table 14 by the driver's race/ethnicity and gender. The table reports the percent of stops for drivers of each race/ethnicity and gender combination that resulted in the various outcomes (e.g., in stops involving Black female drivers, citations were issues in 74.5%, arrests were made in 4.3%, warnings were given in 15.8% and reports were made in 0.6%). The reader is reminded that multiple outcomes are possible for a single stop, therefore these columns are not mutually exclusive. In addition, a specific outcome may not relate to the vehicle's driver (e.g., a passenger could have been the party cited, arrested or warned). Both arrests and warnings were more commonly noted in stops involving male drivers, while citations were more commonly observed in stops involving female drivers. In contrast to other racial/ethnic groups, Black and Hispanic drivers were cited less, but arrested and warned more. Table 14: Outcome of all non -accident related traffic stops by driver race/ethnicity and gender* C_ ITATION ARREST. .. wARN,_IG _ N R EPORT , Asian American Female 80.6 2.0 17.3 -- Black Female 74.5 4.3 21.1 0.6 Hispanic Female 77.9 6.3 15.8 0.9 White Female 80.3 2.4 17.5 0.6 Other Female 80.0 -- 18.3 1.7 Not Apparent Female 79.5 2.7 17.0 0.9 Asian American Male 81.3 3.1 15.5 -- Black Male 65.1 11.7 24.0 1.3 Hispanic Male 69.0 10.3 21.0 0.8 White Male 78.9 4.0 17.3 0.6 Other Male 76.2 1.6 21.7 0.1 Not Apparent Male 75.6 3.9 20.6 - * Because a traffic stop could result in more than one outcome, rows may total to more than 100.0. CONCLUSIONS After two years of collecting data on the demographic characteristics of drivers stopped by Lansing police officers as well as the analysis of circumstances associated with these stops, there continues to be no evidence to suggest any pattern of racial profiling by LPD officers. It is possible that spurious incidents of profiling occur, but this is a probabilistic conclusion based on the experience of the authors, not a conclusion drawn from the MATS data analysis. Spurious incidents are typically idiosyncratic to an officer's circumstances at the time of the stop and are not characteristic of any trend behavior. Lansing Police Department/Ra- '*ofiling/Two Year Report: 24 The data suggest that LPD officers follow law and policy for traffic stops and that neither the character of the traffic stops nor the circumstances associated with the traffic stops reflect inappropriate targeting of any racial or ethnic group. Perhaps the most insightful data are related to searches. These data suggest that while there is a disproportionate number of minority drivers who are searched when compared to White drivers, the searches are those which have clear justification in law (e.g., searches incidental to an arrest) rather than being discretionary searches (e.g., request for consent). It is also worth noting that searches, in particular discretionary (e.g., consent and Terry) searches take place in a very small proportion of all traffic stops initiated by LPD officers. When compared to the 2000 Census data for the City of Lansing, there were minor disproportionalities noted in the LPD traffic stops when compared to the Census proportions. Men were stopped disproportionately more frequently when compared to women; young drivers (in their teens and twenties) were stopped disproportionately more frequently when compared to older age groups. While there are not specific MATS data to explain these differences, there is a strong legacy of research and actuarial insurance data that suggests younger drivers and men commit more traffic violations. When comparing the proportion of drivers stopped to the proportionality of residents based upon race/ethnicity, there were slight differences: 1.3% more Black drivers were stopped than Lansing residential proportionality; 0.1% more White drivers were stopped than residential proportionality. These differences are not significant and can be attributed to a wide range of variables unrelated to any form of profiling of drivers. Interestingly, there was 4.0% fewer Hispanic and 0.9% fewer Asian -Pacific Islander drivers stopped than the residential proportionality. One question may emerge: If concerns existed about racial profiling prior to the LPD implementation of the MATS program, why is there no evidence of racial profiling trends now? There are several plausible explanations: 1. Officers were trained about the nature and characteristics of racial profiling to better understand the concept and issues. In some cases there may have been "unconscious profiling" by officers, whose actions changed once they better understood the issues. 2. Implementation of a new traffic stop policy by Chief Alley both: Lansing Police Department/Rac; -ofiling/Tzvo Year Report: 25 a. Reduced the probability of profiling and b. Increased communications between the officer and driver to reduce the mistaken assumption by the driver that he/she was being profiled. 3. There was increased vigilance of supervision and higher standards of accountability with respect to both the character of officer traffic stops and adherence to departmental policy on traffic stops. 4. Training sessions for the community, community focus groups, and publication of racial profiling information on the LPD web page appears to have provided greater understanding for community members to understand that certain lawful police procedures may be erroneously perceived as profiling. 5. One may argue that the collection of MATS data could have had a deterrent effect with respect to some officers profiling by race. However, it should be noted that administrative deterrence mechanisms typically have a short term effect. Over the course of two years, it is more logical to conclude that the behavior of officers is not to practice profiling. From the 3-24-03 Council Meeting Packet _.�i ' ]� t)11 <EFERRED TO THE MAYOR AND -} ZEFERRED TO HUMAN SERVICE DEPARTMENT THE NAAT=' =; The National Association for the AdvancesnWiM of Transgendered People 1121 E. Lamed St Lansing,Mt. 48912-1747 (517)371-1103 (309) 407-4504 melissa_robinson48912 otahoo www.melissarobinsonco.com Tq� March 14, 2003 MAR 14 NO3 RECEIVED Lansing, Mi City Council Cc Mayor Tony Benavides VED Lansing, Mi. 48933 E Dear members of the City Council, MAR 2 5 2003 On Monday March 110, 2003 I gave a speech about anti discrimination and a murder victim, Nikki Nicholas. I want you to know that I meant every word of that speech. Most of you are educated people including you Mayor Benevidas. At this point I am giving you all the benefit of doubt and will say that you are not against the GLBT community until you prove otherwise. I am sure that you understand that times have changed and things are not the same as they were seven years ago when an anti discrimination law was defeated in Lansing due to bigotry because that ordinance included the GLBT community. During the NAATP protest "Nikki Nicholas March for Change' not one opposition group showed up to conteract our message. That's not saying that they no longer exist because we all know that they do, but I am telling you that they will no longer be able to defeat the ordinance should you find it in your hearts to introduce it. The climate is ripe for such an ordinance given the events of the last few years. We now have the momentum going. Please dont destroy that momentum by waiting it out until it no longer exists. As some of you might know I am a canidate for Mayor of Lansing in the primary election. We now have the money to spend for the advertisment of that campaign. We intend to place adds on radio, tv, billboards, and in local newspapers. Please don't force this campaign to be about the mayor and city councils refusal to look at or adopt an anti discrimination ordinance that includes all groups including the GLBT community. I don't want to be forced to tell Lansing citizens that you even refuse to form a committee to discuss and research the ordinance. I am asking you to get with WINS TV to arrange a forum that includes members of city council, the Mayor and our members. I'm sure as intelligent as all of .` us are that we can come up with something that is a win-win situation for all involved. Please reply. Sincerely, Melissa Sue Robinson rT)Ie" .� From the 3-24-03 Council Meeting Packet kEFERRED TO THE MAYOR AND REFERRED TO HUMAN SERVICE DEPARTMENT q q 5ZP14Yffl6&aV;ble 1121 E. Larned St Lansing,Ml. 48912-1747 (517)371-1103 MAR 25 2003 (309) 407-4504 melisrobCa)ameritech, net uvtw melissarobinsonco. com Lansing City Council March 17, 2003 MAR 18 2003 Lansing Mi City Council RECEIVED cc Mayor Benevidas Lansing, M. 48933 Dear members of the city council, My name is Melissa Sue Robinson Director of the NAATP. As a person that is truly interested in all people, I too have a goal of seeing Lansing become a world class city. One of the most important challenges that we face is in getting our residents to recognize and accept diversity as our city contains many diverse cultures. It is imperative that residents partake an attitude of helping and caring for one another for the common good of the city and for the common good for all. We can do this by educating our citizens on diverse cultures and getting them to understand the importance of this education. That starts in the schools, at neighborhood organizational meetings and any other place or activity that our citizens congregate including our churches. Lansing can also be world class by doing its utmost to make the city attractive for all people so that we do not lose anymore of our residents to the suburbs. We need to pay stricter attention to the gang and drug problems that are found in some neighborhoods and work harder to eliminate them. We have to create stricter enforcement on keeping our neighborhoods and parks clean as there is a trash problem in some neighborhoods, We also need to have more state and federal money avaible at lower interest rates or as grants for home improvements for the low income residents of the city. Last of all we need to pass an ant discrimination and hate crimes ordinance that includes all members of our diverse population. Thank you for what you have accomplished so far. Sincerely, r Nei a' ueAbAsn CITY OF LANSING HUMAN RELATIONS AND COMMUNITY SERVICES DEPARTMENT HUMAN RELATIONS AND COMMUNITY SERVICES ADVISORY BOARD May 1, 2003 Minutes CALL TO ORDER The March meeting of the Human Relations and Community Services Advisory Board was called to order by Secretary Cheval Breggins at 6:11 p.m., 124 W. Michigan Ave., 91h Floor, City Hall, Lansing, MI. Present: Cheval Breggins, Gordon Steinhauer, Steven Willobee, and Thomas Wilson Absent: Rev. Kirklin Hall, and Monica Martinez (excused), and Amy Hodgin (unexcused) Staff: Kip Gomoll, Deputy Director, and Carol Walton, Administrative Secretary LPD Liaison: Captain Edward Forrest, Jr. Lansing Police Department (excused) Public: None APPROVAL OF AGENDA Gordon Steinhauer moved to approve the agenda. The motion was supported by Steven Willobee and carried unanimous. PUBLIC COMMENT None LPD LIAISON'S REPORT None COMMUNICATIONS Flyer for the I" Annual Rally in honor of the commitment to eliminate racism. APPROVAL OF MINUTES Gordon Steinhauer moved to approve the minutes of April 2, 2003, with corrections. The motion was supported by Steven Willobee and carried unanimous. Human Relations and Comm Services Advisory Board Minutes of May 1, 2003 Page 2 COMMITTEE REPORTS Bud1jet Committee No Report Program Committee Gordon Steinhauer respectfully submitted his report to the board stating, "that as the Chair of this committee, I don't intend to convene any future committee meetings, unless directed by the board Chairperson with a specific topic. (See attached report). Gordon stated that there is not enough interest on the part of the board or the staff. Cheval Breggins stated that he would speak with the Board Chair, Monica and talk to her about scheduling a meeting with Gordon and Willard Walker to address this committee and Gordon's concerns. Cheval stated that board members may have to "double up" and serve on more than one committee. Stephen Willobee stated that he is experiencing similar problems, he is the only board member attending the budget committee meetings. Thomas Wilson, is a member of the program committee. He stated that it really isn't Gordon's fault, he is having health issues that keep him confined to the house and he will probably not renew his board membership. Cheval stated the he will speak to Monica Martinez and provide all of the input from the meeting and provide her with alternative options that the board may be able to utilize. Policy Committee Cheval Breggins this committee meets on the 3rd Friday of each month at 8:00 a.m. at Dimitri's. This committee is reviewing the department audit that is required to be submitted to the Lansing City Council in December of 2003. Because this committee is starting new, it will focus on reviewing mandated department processes. (See attached report). PETITIONS/COMPLAINTS None CHAIRPERSON'S REPORT None Human Relations and Comm Services Advisory Board Minutes of May 1, 2003 Page 3 DIRECTOR'S REPORT Kip Gomoll reported that the Mayor's Initiative on Race & Diversity issue area groups have been meeting regularly in an effort to get established. He stated that the Council's budget wrap up would be held the week of May 5, 2003. The Human Relations & Community Services Department's budget hearing will be held on May 9, 2003, at 2:30 p.m. Kip reported that the department has two staff vacancies. The interview process has been completed and hopefully the Contract Manager position will be filled by the end of May. OLD BUSINESS Lansing Police Department MATS report; questions from the board members to Captain Forrest. Review of the civil rights ordinance — Citizens initiative voted on in November of 1996 rescinded the civil rights ordinance. Kip Gomoll will provide the board with copies of the historicalibackground documentation of this ordinance. Lugnut Games Dates: Thursday, July 10 at 7:05 p.m., Thursday, August 7 at 6:05 p.m., and Thursday, August 21 at 7:05 p.m. NEW BUSINESS Gordon Steinhauer expressed concern about the attendance of some of the board members, or lack thereof. Cheval Breggins stated a rule from the bylaws that reads...."any member having three (3) unexcused absences during the calendar year, shall be removed from the board. Upon the third unexcused absence for the calendar year of a member, the Chairperson of the Board shall notify the member of their removal. The Chairperson shall notify the Mayor's office of the vacancy with a request to fill the vacancy..." Gordon Steinhauer moved that the Chair work with the department Secretary and provide an update on member attendance noting excused and unexcused absences. Supported by Thomas Wilson. Motion carried unanimous. NEXT MEETING The next meeting is scheduled for June 5, 2003, at 6:00 p.m., in the 9th Floor Conference Room of City Hall, located at 124 W. Michigan Avenue, Lansing, Michigan. ADJOURNMENT Gordon Steinhauer moved to adjourn the meeting. The motion was supported by Steven Willobee and carried unanimous. The meeting was adjourned at 7:18 p.m. HUMAN RELATIONS COMMUNITY SERVICE POLICY COMMITTEE MEETING 8:00 AM, FRIDAY, APRIL 25, 2003 Attendees: Cheval Breggins, Monica Martinez, and Kip Gomoll (Staff) The HRCS Advisory Board is required to submit a department audit to the Lansing City Council in December of 2003. The Policy Committee will focus on reviewing mandated department processes. II. Benchmarks for the audit process are in the developmental stage. The policy committee will consider the council and mayor's priorities for the year, which is usually set in October. The policy committee will meet with HRCS staff person, Paul Elam. III. The audit procedure timeline is: A. May: Contract Management audit review B. June: EEO & Affirmative Action audit review C. July: Citizens Assistance/Employee Assistance audit review D. August: Human Service Funding audit review E. September: Mayor's Initiatives & Prevailing Wage audit review F. October: Submit preliminary audit report to HRCS advisory board and discuss during board meting. G. November: Amend and submit audit report to HRCS advisory board for approval. H. December: Submit the approved audit report to Lansing City Council. MARCH 18, 1996 C4jUNCIL PROCEEDINGS AMEND THE ORDINANCE AMENDING CHAPTER 296 ON .GE 14, LINES 19-20 BY DELETING THE WORDS "TO THREE OR FEWER PERSONS" ADOPTED BY THE FOLLOWING VOTE: yFAS: COUNCILMEMBERS ALLEN, BAUER, BEAL, JONES, LEEMAN, LILLY, NOVAK NAYS: COUNCILMEMBER BENAADES BY COUNCILMEMBER NOVAK TO AMEND THE ORDINANCE AMENDING CHAPTER 296 ON PAGE2, LINE 14 TO DELETE THE WORDS "R IS �rrro�Il9Fn^ AND INSERT "HAVING FOUND E �1V\c�v,,cS15 6�5 55i d � c CouLAC,(l if R" TO AMEND THE ORDINANCE AMENDING CHAPTER 296 ON PAGE 35, LINE 5 TO DELETE THE WORDS "FINE OF NOT LESS THAN FIVE HUNDRED ($500) DOLLARS NOR MORE THAN FIVE THOUSAND ($5,000) DOLLARS" AND REPLACE IT WITH THE FOLLOWING LANGUAGE: "FINE OF UP TO TWENTY --FIVE HUNDRED ($2.500) DOLLARS"_ ADOPTED BY THE FOLLOWING VOTE: YEAS: COUNCILMEMBERS ALLEN, BAUER, BEAL, JONES, LEEMAN, NOVAK NAYS: COUNCILMEMBERS BENAVIDES, LILLY BY COUNCILMEMBER LILLY TO AMEND THE ORDINANCE IN SECTION 296.09, SUBSECTION 2, (LINE 10 OF PAGE 35) TO DELETE THE PERIOD AND AT THE END OF THE WORD "CODE" AND INSERT THE FOLLOWING LANGUAGE: 16'5 "AND SHALL NOT APPLY TO PERSONS WITH SINCERELY HELD RELIGIOUS BELIEFS" MOTION DEFEATED BY THE FOLLOWING VOTE: YEAS: COUNCILMEMBERS ALLEN, LILLY NAYS: COUNCILMEMBERS BAUER, BEAL, BEHAVIDES, JONES, LEEMAN, NOVAK COUNCILMEMBER BEAL'S MOTION FOR AFFIRMATIVE ROLL WAS ADOPTED BY THE FOLLOWING VOTE: YEAS: COUNCILMEMBERS NOVAK, LEEMAN, JONES, BEAL, BAUER NAYS: COUNCILMEMBERS LILLY, BENAVIDEB,;ALLEN W',`x'S CHAPTER 296 CIVIL RIGHTS AN ORDINANCE TO AMEND, RESTATE AND REVISE CHAPTER 296 OF THE CODIFIED ORDINANCES OF LANSING, MICHIGAN IN ITS ENTIRETY TO DEFINE AND EXTEND CERTAIN CML RIGHTS IN THE AREAS OF HOUSING, EMPLOYMENT, PUBLIC ACCOMMODATIONS AND PUBLIC SERVICES; TO PROHIBIT CERTAIN DISCRIMINATORY PRACTICES; TO EXTEND THE PROTECTION OF SAID CHAPTER, AS AMENDED, RESTATED AND REVISED TO THE NEW PROTECTED CLASSES OF SEXUAL ORIENTATION, FAMILIAL STATUS AND HEIGHT AND WEIGHT; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF SAID CHAPTER; TO PROVIDE EXEMPTIONS FROM SAID CHAPTER AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE CHAPTER AS CIVIL INFRACTIONS. THE CITY OF LANSING ORDAINS: SECTION I. CHAPTER 296 OF THE CODIFIED ORDINANCES OF THE CITY OF LANSING IS AMENDED AS FOLLOWS: 29(3.01 FINDINGS OF FACT; ESTABLISHMENT OF RIGHTS; AUTHORITY. HAVING FOUND THAT DISCRIMINATION ON THE BASIS OF IRRELEVANT CHARACTERISTICS EXISTS, AND THAT IT IS TO BE CONTRARY TO THE PUBLIC POLICY OF THE CITY OF LANSING FOR ANY PERSON TO DENY ANY OTHER PERSON THE ENJOYMENT OF HIS/HER CIVIL RIGHTS OR FOR ANY PERSON TO DISCRIMINATE AGAINST ANY OTHER PERSON IN THE EXERCISE OF HIS/HER CIVIL RIGHTS TO HARASS 021 5 4 .e ,4 12 "= '3 )7 ?3 12 95 32 24 ;70 458 505 X58 X82 X81 31E 50' MARCH 1 8, 1 998 COUNCIL PROCEEDINGS 166 ANY PERSON BECAUSE OF RELIGION, RACE, COLOR, SEX, AGE, HEIGHT, WEIGHT, FAMILIAL STATUS, MARITAL STATUS, ANCESTRY, NATIONAL ORIGIN, SEXUAL ORIENTATION, POLITICAL ORIENTATION, HANDICAP, THE USE OF ADAPTIVE DEVICES, OR SOURCE OF INCOME, AND THAT THE ABOVE DESCRIBED CLASSIFICATIONS ARE HEREBY PROTECTED AS CIVIL RIGHTS ESTABLISHED BY THIS CHAPTER WHICH IS ENACTED PURSUANT TO THE POLICE POWERS GRANTED TO THE CITY BY THE STATE AND FEDERAL CONSTITU IONSAND BY STATE AND FEDERAL LAW. 296.02 DEFINITIONS GENERALLY. AS USED IN THIS CHAPTER, UNLESS A DIFFERENT MEANING APPEARS CLEARLY FROM THE CONTEXT: (A) "AGE" SHALL BE DEFINED AS MEANING CHRONOLOGICAL AGE EXCEPT AS OTHERWISE PROVIDED BY LAW. (B) "DEPARTMENT" FOR THE PURPOSES OF THIS CHAPTER SHALL MEAN THE HUMAN RELATIONS & COMMUNITY SERVICES DEPARTMENT OR ANY SUBSEQUENT SUCCESSOR THEREOF. (C) "DISCRIMINATE" OR "DISCRIMINATION" SHALL BE DEFINED AS INCLUDING BUT NOT LIMITED TO: MAKING A DECISION, OFFERING TO MAKE DECISION, REFRAINING FROM MAKING A DECISION, OR TREATING INDIVIDUALS OR GROUPS, OR THE FRIENDS OR ASSOCIATES OF SUCH INDIVIDUALS OR GROUPS, DIFFERENTLY, IN THE BASED ON ACTUAL OR PERCEIVED STATUS IN ANY OF THE PROTECTED CLASSES OF RELIGION, RACE, COLOR, ANCESTRY, SEX, AGE, SEXUAL ORIENTATION, FAMILIAL STATUS AND HEIGHT AND WEIGHT, NATIONAL ORIGIN, POLITICAL ORIENTATION, MARITAL STATUS, HANDICAP, THE USE OF ADAPTIVE DEVICES, OR SOURCE OF INCOME. (D) "FAMILIAL STATUS"- MEANS ONE OR MORE INDIVIDUALS (WHO HAVE NOT ATTAINEDTHE AGE OF 1 8) BEING DOMICILED WITH: (1) A PARENT OR ANOTHER PERSON HAVING LEGAL CUSTODY OF SUCH INDIVIDUAL OR INDMDUALS OR (2) THE DESIGNEE OF SUCH PARENT OR OTHER PERSON HAVING SUCH CUSTODY, WITH THE WRITTEN PERMISSION OF SUCH PARENT OR OTHER PERSON. (3) THE PROTECTION AFFORDED AGAINST DISCRIMINATION ON THE BASIS OF FAMILIAL STATUS SHALL APPLY TO ANY PERSON WHO IS PREGNANT OR IN THE PROCESS OF SECURING LEGAL CUSTODY OF ANY INDIVIDUAL WHO HAS NOT ATTAINED THE AGE OF 18 YEARS. (E) "HANDICAP" SHALL BE DEFINED AS MEANING A DETERMINABLE PHYSICAL OR MENTAL CHARACTERISTIC OF AN INDIVIDUAL WHICH SUBSTANTIALLYLIMITS ONE OR MORE MAJOR LIFE ACTIVITIES, OR A HISTORYOFTHE CHARACTERISTIC, OR BEING REGARDED AS HAVING A CHARACTERISTIC OF AN INDIVIDUAL WHICH MAY RESULT FROM DISEASE, INJURY, CONGENITAL CONDITION AT BIRTH. OR FUNCTIONAL DISORDER, WHICH CHARACTERISTIC: (1) IS UNRELATED TO THE INDIVIDUALS ABILITY TO PERFORM THE SPECIFIC DUTIES OF A PARTICULAR JOB OR POSITION, OR IS UNRELATED TO THE INDIVIDUALS QUALIFICATIONS FOR EMPLOYMENT OR PROMOTION; (2) IS UNRELATED TO THE INDIVIDUALS ABILITY TO UTILIZE AND BENEFIT FROM A PLACE OF PUBLIC ACCOMMODATION; OR (3) IS UNRELATED TO THE INDIVIDUAL'S ABILITY TO ACQUIRE, RENT, OR MAINTAIN PROPERTY. (4) THIS TERM DOES NOT INCLUDE CURRENT' ILLEGAL USE OF OR ADDICTION TO A CONTROLLED SUBSTANCE BY AN INDIVIDUAL OF A DETERMINABLE PHYSICAL OR MENTAL CHARACTERISTIC CAUSED BY. THE USE OF AN ALCOHOLIC LIQUOR BY AN INDIVIDUAL, IF THAT PHYSICAL OR MENTAL CHARACTERISTIC PREVENTS THAT INDIVIDUAL FROM THE DUTIES OF HIS OR HER JOB. (5) THIS TERM SHALL INCLUDE THE OBUGATION TO REASONABLY ACCOMMODATE AN INDIVIDUAL WITH A DETERMINABLE PHYSICAL OR MENTAL CHARACTERISTIC WHICH SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES, UNLESS UNDUE HARDSHIP WOULD RESULT. (F) "MARITAL STATUS" SHALL BE, DEFINED AS MEANING BEING SINGLE, DIVORCED, WIDOWED, SEPARATED OR MARRIED, AND THE CONDITIONS ASSOCIATED THEREWITH, INCLUDING PREGNANCY AND PARENTHOOD. (G) "NATIONAL ORIGIN" SHALL BE DEFINED AS INCLUDING THE NATIONAL ORIGIN OF AN ANCESTOR, AND SHALL INCLUDE PERSONS WHO ARE NOT NATURALIZED CITIZENS. (H) "PERSON" SHALL MEAN AN INDIVIDUAL, AGENT, ASSOCIATION, CORPORATION, JOINT APPRENTICESHIP COMMITTEE, JOINT STOCK COMPANY, LABOR ORGANIZATION, LEGAL REPRESENTATIVE, MUTUAL COMPANY, PARTNERSHIP, RECEIVER, TRUST, TRUSTEE IN BANKRUPTCY, UNINCORPORATED ORGANIZATION, THE CITY OR AN AGENCY OF THE CITY OR ANY OTHER LEGAL OR COMMERCIAL ENTITY. (1) "SIX" SHALL BE DEFINED AS GENDER, BEING MALE OR FEMALE, INCLUDING, BUT NOT LIMITED TO, PREGNANCY, CHILDBIRTH, OR A MEDICAL CONDITION RELATED TO PREGNANCY OR CHILDBIRTH THAT DOES NOT INCLUDE NON - THERAPEUTIC ABORTION NOT INTENDED TO SAVE THE LIFE OF THE MOTHER. DISCRIMINATION BECAUSE OF SEX INCLUDES SEXUAL HARASSMENT WHICH MEANS UNWELCOME SEXUAL ADVANCES, MARCH 18, 1996 CO%rNCIL PROCEEDINGS 7UESTS FOR SEXUAL FAVORS, AND OTHER BAL AND/OR PHYSICAL CONDUCT OR COMMUNICATION OF SEXUAL NATURE WHEN: (1) SUBMISSION TO SUCH CONDUCT OR COMMUNICATION IS. MADE A_TERM OR CONDITION EITHER EXPLICITLY OR IMPLICITLY TO OBTAIN EMPLOYMENT, PUBLIC ACCOMMODATIONS OR PUBLIC SERVICES, EDUCATION OR HOUSING; (2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT OR COMMUNICATION BY AN.INDIVIDUAL IS USED AS A FACTOR IN DECISIONS AFFECTING SUCH INDIVIDUAL'S EMPLOYMENT, PUBLIC ACCOMMODATIONS OR PUBLIC SERVICES, EDUCATION OR HOUSING; (3) SUCH CONDUCT OR COMMUNICATION HAS THE PURPOSE OR EFFECT OF SUBSTANTIALLY INTERFERING WITH AN INDIVIDUAL'S EMPLOYMENT, PUBLIC ACCOMMODATIONS OR PUBLIC SERVICES, EDUCATION, OR HOUSING, OR CREATING -AN INTIMIDATING, HOSTILE OR OFFENSIVE EMPLOYMENT, PUBUC ACCOMMODATIONS, PUBLIC SERVICE, EDUCATIONAL OR HOUSING ENVIRONMENT. (J) "SEXUAL ORIENTATION" SHALL BE DEFINED AS BEING OR REGARDED AS BEING A HETEROSEXUAL, HOMOSEXUAL. BISEXUAL, • OR TRANSGENDER PERSON OR HAVING A HISTORY OF SUCH IDENTIFICATION. (K) "SOURCE OF INCOME" MEANS THE FACT THAT E INCOME OF A PERSON, OR OF A PERSON .,::SIDING WITH THAT PERSON, IS DERIVED IN WHOLE OR IN PART FROM ALIMONY, CHILD SUPPORT, OR PUBLIC ASSISTANCE FUNDS. (U "T0 HARASS" SHALL BE DEFINED AS SEVERE OR PERVASIVE PHYSICAL CONDUCT AND/OR COMMUNICATION TOWARD AN INDIVIDUAL PROTECTED UNDER THIS ORDINANCE WHICH HAS THE PURPOSE OR EFFECT OF SIGNIFICANTLY INTERFERING WITH AN INDIVIDUAL'S EMPLOYMENT, PUBLIC ACCOMMODATION, PUBLIC SERVICES, EDUCATION OR HOUSING, OR CREATING AN ABUSIVE OR HOSTILE EMPLOYMENT, PUBLIC ACCOMMODATION, PUBLIC SERVICES, EDUCATIONAL OR HOUSING ENVIRONMENT. SIGNIFICANT INTERFERENCEANDTHE EXISTENCE OF A HOSTILE OR ABUSIVE ENVIRONMENT SHALL BE DEFINED BY WHAT REASONABLE PERSON WOULD FIND AS HOSTILE, ABUSIVE OR SIGNIFICANT INTERFERENCE. 296.03 CIVIL RIGHTS DEFINED. (1) HOUSING. (A) DEFINITIONS. AS USED IN THIS SECTION, UNLESS A DIFFERENT MEANING APPEARS CLEARLY FROM THE CONTEXT: (1) "ENTITY' INCLUDES AN ASSOCIATION, 167 PARTNERSHIP OR CORPORATION AND THE OFFICERS AND MEMBERS THEREOF. (II) "FINANCIAL INSTITUTION" MEANS ANY ENTITY REGULARLY ENGAGED IN THE BUSINESS OF LENDING MONEY, INCLUDING MORTGAGE LENDING INSTITUTIONS, OR GUARANTEEING LOANS ON REAL PROPERTY OR ANY INTEREST THEREIN. (III) "HOUSING ACCOMMODATION" INCLUDES IMPROVED OR UNIMPROVED REAL PROPERTY, OR A PART THEREOF, WHICH IS USED OR OCCUPIED, OR IS INTENDED, ARRANGED OR DESIGNED.TO BE USED OR OCCUPIED, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS. (Iv) "IMMEDIATE FAMILY" MEANS A SPOUSE, PARENT, CHILD OR SIBLING. (v) "OWNER" INCLUDES THE LESSEE, LESSOR, SUBLESSEE, SUBLESSOR, ASSIGNEE, ASSIGNOR, MANAGING AGENT OR OTHER PERSON HAVING THE RIGHT OF OWNERSHIP OR POSSESSION OR THE RIGHT TO SELL, RENT, TRANSFER OR LEASE ANY HOUSING ACCOMMODATION OR ANY INTEREST OR PART THEREOF. (vi) "REAL ESTATE BROKER: OR SALESPERSON" MEANS A PERSON, WHETHER LICENSED OR NOT, WHO, FOR OR WITH THE EXPECTATION OF RECEIVING A CONSIDERATION, LISTS, SELLS,. PURCHASES, EXCHANGES, RENTS OR LEASES REAL PROPERTY OR AN INTEREST THEREIN; NEGOTIATES OR ATTEMPTS TO NEGOTIATE ANY OF SUCH ACTIVITIES; HOLDS HIMSELF OR HERSELF OUT AS ENGAGING IN SUCH ACTIVITIES; NEGOTIATES OR ATTEMPTS TO NEGOTIATE A LOAN SECURED OR TO BE SECURED BY A MORTGAGE OR OTHER ENCUMBRANCE UPON REAL PROPERTY OR AN INTEREST THEREIN; OR IS ENGAGED IN THE BUSINESS OF LISTING REAL PROPERTY OR AN INTEREST THEREIN IN A PUBLICATION. "REAL ESTATE BROKER" OR "SALESPERSON"ALSO MEANS A PERSON EMPLOYED BY OR ACTING ON BEHALF OF A REAL ESTATE BROKER OR SALESPERSON. (w) "REAL ESTATE TRANSACTION" MEANS THE SALE, EXCHANGE, RENTAL, LEASE, TRANSFER, ASSIGNMENT OR SUBLEASE OF REAL PROPERTY OR AN INTEREST THEREIN CONCERNING HOUSING 'ACCOMMODATIONS. Win) "REAL PROPERTY" INCLUDES A STRUCTURE, A BUILDING, A MOBILE HOME, REAL ESTATE, LAND, A MOBILE HOME PARK, A TRAILER PARK, A TENEMENT, A LEASEHOLD OR AN INTEREST IN A REAL ESTATE COOPERATIVE OR CONDOMINIUM. (B) DISCRIMINATION PROHIBITED. A- PERSON, REAL ESTATE BROKER OR SALESPERSON ENGAGING IN A REAL ESTATE TRANSACTION SHALL NOT, WHOLLY OR PARTLY FOR REASONS OF RELIGION, RACE, COLOR, SEX, AGE, SEXUAL ORIENTATION, FAMILIAL STATUS, HEIGHT, WEIGHT, MARITAL STATUS, ANCESTRY, NATIONAL ORIGIN, POLITICAL ORIENTATION, HANDICAP, THE USE OF 3 5 4 15 42 S6. >4 34 42 `Y 73 :. 07 23 72 g5 32 24 270 458 505 256 082 p81 316 504 77 w MARCH 18, 1996 COUNCIL PROCEEDINGS ADAPTIVE DEVICES, OR SOURCE OF INCOME: (1) REFUSE TO ENGAGE IN REAL ESTATE TRANSACTION WITH A PERSON; (2) REFUSE TO RECEIVE FROM A PERSON OR ACCURATELY COMMUNICATE TO A PERSON A BONA FIDE OFFER TO ENGAGE IN A REAL ESTATE TRANSACTION; (3) REFUSE TO NEGOTIATE FOR A REAL ESTATE TRANSACTION WITH A PERSON; (4) REPRESENT TO A PERSON THAT REAL PROPERTY OR AN INTEREST THEREIN IS NOT AVAILABLE FOR INSPECTION, SALE, RENTAL OR LEASE WHEN IN FACT IT IS SO AVAILABLE, OR KNOWINGLY FAIL TO BRING A PROPERTY LISTING TO A PERSONS ATTENTION, OR REFUSE TO PERMIT A PERSON TO INSPECT REAL PROPERTY; (5) PRINT, CIRCULATE, POST, MAIL OR OTHERWISE CAUSE TO BE PUBLISHED STATEMENT, ADVERTISEMENT, NOTICE OR SIGN, OR USE A FORM APPLICATION FOR A REAL ESTATE TRANSACTION, OR MAKE A RECORD OF INQUIRY IN CONNECTION WITH A PROSPECTIVE REAL ESTATE TRANSACTION, WHICH INDICATES, DIRECTLY OR INDIRECTLY, AN INTENT TO MAKE A PREFERENCE, LIMITATION, SPECIFICATION OR DISCRIMINATION WITH RESPECT THERETO; (6) OFFER, SOLICIT, ACCEPT, USE OR RETAIN A LISTING OF REAL PROPERTY OR AN INTEREST THEREIN WITH THE UNDERSTANDING THAT A PERSON MAY BE DISCRIMINATED AGAINST IN A REAL ESTATE TRANSACTION OR IN THE FURNISHING OF FACILITIES OR SERVICES IN CONNECTION THEREWITH; (7) LIMITTHE USE OF PRIVILEGES, SERVICES OR FACILITIES ASSOCIATED WITH A DWELLING TO A PERSON OR A PERSON. ASSOCIATED WITH HIM OR HER; OR (8) DENY A PERSON ACCESS TO OR MEMBERSHIP OR PARTICIPATION IN MULTIPLE LISTING SERVICES, REAL ESTATE BROKERS ORGANIZATIONS OR OTHER REAL ESTATE SERVICES. (C) EXEMPTIONS; INTERPRETATION. (I) THIS SECTION SHALL NOT: (1) APPLY TO THE RENTAL OF A ROOM OR ROOMS IN A SINGLE DWELLING OR TWO-FAMILY UNIT, THE REMAINDER OF WHICH DWELLING IS OCCUPIED BY EITHER THE OWNER OR A MEMBER OF HIS OR HER IMMEDIATE FAMILY OR A LESSEE OF THE ENTIRE DWELLING UNIT OR A MEMBER OF HIS OR HER IMMEDIATE FAMILY; (11) PROHIBIT A RELIGIOUS ORGANIZATION OR INSTITUTION FROM RESTRICTING ANY OF ITS FACILITIES OF HOUSING OR ACCOMMODATION, WHICH ARE OPERATED AS A DIRECT PART OF REUGIOUS ACTIVITIES, TO PERSONS OF THE SAME RELIGION AND/OR DENOMINATION OR FROM GIVING PREFERENCE TO SUCH PERSONS UNLESS MEMBERSHIP IN SUCH A RELIGION IS RESTRICTED BECAUSE OF RACE, COLOR, OR NATIONAL ORIGIN; (111) PROHIBIT AN EDUCATIONAL INSTITUTION FROM LIMITING THE USE OF ITS FACIUTIES TO THOSE 1438 AFFILIATED WITH SUCH INSTITUTION; OR (IV) PROHIBIT THE OBTAINING OF INFORMATIO^ RELATIVE TO THE MARITAL STATUS OF AN INDIVIDUAL WHEN SUCH INFORMATION IS NECESSARY FOR TH r PREPARATION OF A DEED OR OTHER INSTRUMENT OF CONVEYANCE; OR M' LIMIT THE APPLICABILITY OF ANY REASONABLE LOCAL, STATE, OR FEDERAL RESTRICTIONS REGARDING THE MAXIMUM NUMBER OF OCCUPANTS PERMITTED TO OCCUPY A DWELLING; OR (vi) PROHIBIT CONDUCT AGAINST A PERSON BECAUSE SUCH PERSON HAS BEEN CONVICTED BY ANY COURT OF A COMPETENTJURISDICTION OF THE ILLEGAL MANUFACTURE OR DISTRIBUTION OF A CONTROLLED SUBSTANCE. (2) NOTHING CONTAINED IN THIS SECTION SHALL BE: (1) INTERPRETED AS REPEALING THE EXISTING POWERS OF THE HUMAN RELATIONS BOARD TO WORK, THROUGH CONCILIATION AND EDUCATION, TO ELIMINATE SUCH DISCRIMINATION IN THE SALE AND RENTAL OF REAL ESTATE OR ON OTHER TRANSACTIONS RELATED TO THE SUBJECT MATTER OF THIS SECTION; OR (11) CONSTRUED TO PROHIBIT 'A PLAN TO ELIMINATE PRESENT EFFECTS OF PAST DISCRIMINATORY PRACTICES TO ASSURE EQUAL OPPORTUNITY PURSUANTTO FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS; OR (3) WITH RESPECT TO THE AGE PROVISION ONLY, THIS SECTION SHALL NOT APPLY TO THE SALE, RENTAI OR LEASE OF HOUSING ACCOMMODATIONS MEETING THE REQUIREMENTS OF FEDERAL, STATE OR LOCAL HOUSING PROGRAMS FOR SENIOR CITIZENS OR ACCOMMODATIONS OTHERWISE INTENDED, ADVERTISED, DESIGNED OR OPERATED FOR THE BONA FIDE PURPOSE OF PROVIDING HOUSING ACCOMMODATIONS TO PERSONS FIFTY YEARS OR OLDER. (4) WITH RESPECT TO THE SOURCE OF INCOME PROVISION ONLY, NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE THE MAKING OF A GOOD FAITH BUSINESS DETERMINATION INVOLVING A. PERSONS ABILITY TO MEET THE FINANCIAL BURDEN INVOLVED IN THE SALE, LEASE, RENTAL, SUBLEASE, ASSIGNMENT OR TRANSFER OF HOUSING ACCOMMODATIONS. A DETERMINATION BY A PERSON TO ACCEPT OR NOT TO ACCEPT RENTAL PAYMENTS IN ADVANCE AND/OR ARREARS SHALL NOT CONSTITUTE A VIOLATION OF THIS CHAPTER. (D) DISCRIMINATION BY FINANCIAL OR INSURANCE INSTITUTIONS. (1) A PERSON TO WHOM APPUCATION IS MADE FOR FINANCIAL ASSISTANCE OR FINANCING IN CONNECTION WITH A REAL ESTATE TRANSACTION OR IN CONNECTION WITH THE INSURANCE, CONSTRUCTION, REHABILITATION, REPAIR, MAINTENANCE OR IMPROVEMENT OF REAL PROPERTY, OR AN INTEREST THEREIN, WHICH IS UTIUZED FOR HOUSING ACCOMMODATIONS, OR A REPRESENTATIVE OR SUCH PERSON SHALL NOT: MARCH 18, 1996 COUNCIL PROCEEDINGS (1) DISCRIMINATE AGAINST THE APPLICANT 3ECAUSE OF RELIGION, RACE, COLOR, SEX, AGE, SEXUAL ORIENTATION, FAMILIAL STATUS, HEIGHT AND WEIGHT, MARITAL STATUS, ANCESTRY, NATIONAL ORIGIN, POLITICAL ORIENTATION, HANDICAP, THE USE OF ADAPTIVE DEVICES, OR SOURCE OF INCOME; OR (11) USE OF. A FORM OF APPLICATION FOR INSURANCE OR FINANCIAL ASSISTANCE OR FINANCING, OR MAKE OR KEEP A RECORD OR INQUIRY IN CONNECTION WITH AN APPLICATION FOR FINANCIAL ASSISTANCE OR FINANCING, WHICH INDICATES, DIRECTLY OR INDIRECTLY. A PREFERENCE LIMITATION, SPECIFICATION OR DISCRIMINATION BASED ON RELIGION, RACE, COLOR, SEx, AGE, SEXUAL ORIENTATION, FAMILIAL STATUS, HEIGHT AND WEIGHT, MARITAL STATUS, ANCESTRY NATIONAL ORIGIN, POLITICAL ORIENTATION, HANDICAP, USE OF ADAPTIVE DEVICES, OR SOURCE OF INCOME. (2) PARAGRAPH( 1)(2) HEREOF SHALL NOT APPLY TO A FORM OF APPUCATION FOR FINANCIAL ASSISTANCE PRESCRIBED FOR THE USE OF A LENDER REGULATED AS A MORTGAGEE UNDER THE NATIONAL HOUSING ACT, AS AMENDED, BEING 12 U.S.C. 1 701 TO 1 750(c), AS AMENDED, OR BY A REGULATORY BOARD OR OFFICER ACTING UNDER THE STATUTORY AUTHORITY OF THE STATE OR THE UNITED STATES. (E REPRESENTATION OF A CHANGE IN COMPOSITION OF AN AREA. NO PERSON SHALL REPRESENT, FOR THE PURPOSE OF PROMOTING OR INDUCING A REAL ESTATE TRANSACTION FROM WHICH SUCH PERSON MAY BENEFIT FINANCIALLY, THAT A CHANGE HAS OCCURRED OR WILL OR MAY OCCUR IN THE COMPOSITION OF A BLOCK, NEIGHBORHOOD OR AREA WITH RESPECT TO RELIGION, RACE, COLOR, SEX, AGE, SEXUAL ORIENTATION, FAMILIAL STATUS, HEIGHT, WEIGHT, MARITAL STATUS, ANCESTRY, NATIONAL ORIGIN, POLITICAL ORIENTATION, HANDICAP, USE OF ADAPTIVE DEVICES, OR SOURCE OF INCOME, OR THE OWNERS OR OCCUPANTS IN THE BLOCK, NEIGHBORHOOD OR AREA IN WHICH THE REAL PROPERTY IS LOCATED, OR REPRESENT THAT SUCH CHANGE WILL OR MAY RESULT IN THE LOWERING OR PROPERTY VALUES, AN INCREASE IN CRIMINAL OR ANTISOCIAL BEHAVIOR OF THE AREA, OR A DECLINE IN THE QUALITY OF SCHOOLS OR OTHER PUBLIC FACILITIES IN THE BLOCK, NEIGHBORHOOD OR AREA IN WHICH SUCH REAL PROPERTY 13 LOCATED. (2) EMPLOYMENT. (A) DEFINITIONS. AS USED IN THIS SECTION, UNLESS A DIFFERENT MEANING APPEARS CLEARLY FROM THE CONTEXT: (1) "EMPLOYER" MEANS A PERSON WHO HAS ONE (1) OR MORE EMPLOYEES AND INCLUDES ANY AGENT OF THAT PERSON. (11) "EMPLOYMENT AGENCY' MEANS A PERSON REGULARLY UNDERTAKING WITH OR WITHOUT COMPENSATION TO PROCURE, REFER, RECRUIT, OR PLACE AN EMPLOYEE FOR AN EMPLOYER, OR TO PROCURE, REFER, 169 RECRUIT, OR PLACE FOR AN EMPLOYER OR PERSON THE OPPORTUNITYTO WORK FOR AN EMPLOYER AND INCLUDES ANY AGENT OF THAT PERSON. (111) "LABOR ORGANIZATION" INCLUDES AN ORGANIZATION OF ANY KIND, AN AGENCY OR EMPLOYEE REPRESENTATION COMMITTEE, GROUP, ASSOCIATION, OR PLAN IN WHICH EMPLOYEES PARTICIPATEAND WHICH EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF DEALING WITH EMPLOYERS CONCERNING GRIEVANCES, LABOR DISPUTES, WAGES, RATES OF PAY, HOURS OR OTHER TERMS OR CONDITIONS OF EMPLOYMENT. (B) DISCRIMINATION PROHIBITED. IT SHALL BE AN UNLAWFUL DISCRIMINATORY EMPLOYMENT PRACTICE BECAUSE OF RELIGION, RACE, COLOR, SEX, AGE, SEXUAL ORIENTATION, FAMILIAL STATUS, HEIGHT, WEIGHT, MARITAL STATUS, ANCESTRY, NATIONAL ORIGIN, SEXUAL ORIENTATION, POLITICAL ORIENTATION, HANDICAP, THE USE OF ADAPTIVE DEVICES, SOURCE OF INCOME, OR ARREST, DETENTION OR DISPOSITION OF A VIOLATION OF LAW IN WHICH A CONVICTION DID NOT RESULT - ( (1) FOR ANY EMPLOYER TO REFUSE TO HIRE OR EMPLOY, OR TO RECRUIT, OR TO BAR OR DISCHARGE FROM EMPLOYMENT, OR OTHERWISE TO DISCRIMINATE AGAINST ANY INDIVIDUAL IN COMPENSATION OR IN THE TERMS, CONDITIONS, OR. PRIVILEGES OF EMPLOYMENT; UI) FOR AN EMPLOYER TO REFUSE TO HIRE OR EMPLOY, OR TO PROMOTE AN INDIVIDUAL ON THE BASIS OF PHYSICAL OR MENTAL EXAMINATIONS THAT ARE NOT DIRECTLY RELATED TO THE REQUIREMENTS OF THE SPECIFIC JOB; (III) FOR AN EMPLOYER TO REFUSE TO HIRE, OR EMPLOY, OR RECRUIT, OR TO PROMOTE, OR TO BAR OR DISCHARGE AN INDIVIDUALWHEN ADAPTIVE DEVICES OR AIDS MAY BE UTILIZED THEREBY ENABLING THAT INDIVIDUAL TO PERFORM THE SPECIFIC REQUIREMENTS OF THE JOB OR OTHERWISE REASONABLY ACCOMMODATE AN INDIVIDUAL UNLESS UNDUE HARDSHIP WOULD RESULT: (Iv) FOR ANY EMPLOYMENT AGENCY TO FAIL OR REFUSE TO REFER FOR EMPLOYMENT, OR TO CLASSIFY OR OTHERWISE TO DISCRIMINATE AGAINST, ANY INDIVIDUAL; (v) FOR ANY EMPLOYER OR EMPLOYMENT AGENCY TO PRINT, CIRCULATE, OR CAUSE TO BE PRINTED OR CIRCULATED ANY STATEMENT, ADVERTISEMENT, OR PUBLICATION OR TO USE ANY . FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE ANY INQUIRY IN CONNECTION WITH PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES, DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICATION, OR DISCRIMINATION; >5 75 71 54 D5 42 3E 5A 84 )4 )7 30 42 17 25 R MARCH 18. 998 COUNCIL PROCLtDINGS (vi) FOR ANY LABOR ORGANIZATIONTO EXCLUDE OR EXPEL FROM ITS MEMBERSHIP ANY INDIVIDUAL OR TO DISCRIMINATE IN ANY WAY AGAINST ANY OF ITS MEMBERS, EMPLOYERS, OR EMPLOYEES; (vii) FOR ANY EMPLOYER, LABOR ORGANIZATION, OR EMPLOYMENT AGENCY TO DISCHARGE, EXPEL, OR OTHERWISE DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE THE INDIVIDUAL HAS OPPOSED ANY PRACTICE FORBIDDEN BY THIS PART OR HAS FILED A COMPLAINT, TESTIFIED, OR ASSISTED IN ANY PROCEEDING RESPECTING THE DISCRIMINATORY PRACTICE PROHIBITED UNDER THIS PART. (C) EXEMPTIONS. THIS SECTION SHALL NOT APPLY TO: (1) THE EMPLOYMENT OF AN INDIVIDUAL . BY HIS/HER PARENT, SPOUSE, DOMESTIC PARTNER OR CHILD; OR 00 INFORMATION RELATIVE TO A FELONY CHARGE BEFORE CONVICTION OR DISMISSAL; OR (III) A LAW ENFORCEMENT AGENCY WITH REGARDS TO INFORMATION CONCERNING ARREST, DETENTION OR DISPOSITION OF A LAW IN WHICH A CONVICTION DID NOT RESULT. (D) THIS SECTION SHALL NOT BE CONSTRUED TO: (1) PROHIBIT OR PREVENT ANY RELIGIOUS OR DENOMINATIONAL INSTITUTION OR ORGANIZATION, OR ANY ORGANIZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES, THAT IS OPERATED, SUPERVISED, OR CONTROLLED BY OR IN CONNECTION WITH A REUGIOUS ORGANIZATION, FROM GIVING PREFERENCETO INDIVIDUALS OF THE SAME RELIGION OR DENOMINATION OR FROM MAKING A SELECTION CALCULATED TO PROMOTE THE RELIGIOUS PRINCIPLES FOR WHICH THE ORGANIZATION IS ESTABLISHED OR MAINTAINED UNLESS MEMBERSHIP IN SUCH REUGION IS RESTRICTED ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, OR SEX; OR UU CHANGE THE DEFINITION OF FAMILY OR DEPENDENT IN AN EMPLOYEE BENEFIT PLAN; OR (III) PROHIBIT OR PREVENT PUBUC OR PRIVATE SCHOOLS, LICENSED CHILD CARE CENTERS OR CHILD CARING INSTITUTIONS, OR A UCENSED FOSTER CARE FACILITY ORA LICENSED BUSINESS, WHOSE PRIMARY FUNCTION IS PROVIDING SERVICES TO MINORS, FROM CONSIDERING CRIMINAL CONVICTIONS IN DETERMINING WHETHER A PROSPECTIVE EMPLOYEE IS SUITED TO WORKING IN CLOSE PROXIMITY To CHILDREN; OR (IV) PROHIBITAN EMPLOYER FROM UNDERTAKING A VOLUNTARY AFFIRMATIVE ACTION PLAN PURSUANT TO FEDERAL, STATE, OR LOCAL LAWS. (V) TO IMPOSE MORE STRINGENT REQUIREMENTS ON EMPLOYERS THAN IS REQUIRED BY THE AMERICANS WITH DISABILITIES ACT, 42 USC $ 12 10 1. ET SEOUENTIA. 170 (E) AN EMPLOYER MAY HAVE A BONA P OCCUPATIONAL QUALIFICATION ON THE BASI£ RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, HEIGHT, WEIGHT, MARITAL STATUS NATIONAL ORIGIN OR POLITICAL ORIENTATION, PROVIDED THAT THE EMPLOYER SHALL HAVE THE BURDEN OF ESTABLISHING THAT THE QUALIFICATION IS REASONABLY NECESSARYTO THE NORMAL OPERATION OF THE BUSINESS. UPON SUFFICIENT SHOWING, THE BOARD MAY GRANT AN D(EMPTION TO THIS SECTION. (3) PUBLIC ACCOMMODATION AND PUBLIC SERVICES. (A) AS USED IN THIS SECTION: (1) "PLACE OF PUBUC ACCOMMODATION"MEANS A BUSINESS, OR AN EDUCATIONAL, REFRESHMENT, ENTERTAINMENT, RECREATION, HEALTH OR TRANSPORTATION FACILITY, OR INSTITUTION OF ANY KIND, WHETHER UCENSED OR NOT, WHOSE GOODS, SERVICES, FACILITIES, PRIVILEGES, ADVANTAGES, OR ACCOMMODATIONS ARE EXTENDED, OFFERED, SOLD, OR OTHERWISE MADE AVAILABLE TO THE PUBLIC. (n) "PUBLIC SERVICE" MEANS A PUBUC FACILITY, DEPARTMENT, AGENCY, BOARD, OR COMMISSION, OWNED, OPERATED, OR MANAGED BY OR ON BEHALF OF THE STATE, A POLITICAL SUBDIVISION, OR AN AGENCY THEREOF, OR A NON -PROF ORGANIZATION, ORA TAX EXEMPT PRIVATE AGENL. ESTABUSHED TO PROVIDE SERVICE TO THE PUBUC. (B) PUBLIC ACCOMMODATIONS AND PUBUC SERVICES; PROHIBITED PRACTICES. EXCEPTWHERE PERMITTED BY LAW, A PERSON SHAD_ NOT: (1) DENY AN INDIVIDUAL THE FULL AND EQUAL ENJOYMENT OFTHE GOODS, SERVICES, FACILITIES, PRIVILEGES. ADVANTAGES, OR ACCOMMODATIONS OF A PLACE OF PUBUC ACCOMMODATION OR PUBUC SERVICE BECAUSE OF RELIGION, RACE, COLOR, SEX, AGE, HEIGHT, WEIGHT, FAMILIAL STATUS, MARITAL STATUS, NATIONAL ORIGIN, SEXUAL ORIENTATION, POLITICAL ORIENTATION, HANDICAP, USE BY AN INDIVIDUAL OF ADAPTIVE DEVICES OR AIDS, OR SOURCE OF INCOME. UU PRINT, CALCULATE, POST, MAIL, OR OTHERWISE CAUSE TO BE PUBLISHED A STATEMENT, ADVERTISEMENT, NOTICE, OR SIGN WHICH INDICATES THAT THE FULL AND EQUAL ENJOYMENT OF THE GOODS, SERVICES, FACILITIES, PRIVILEGES, ADVANTAGES, OR ACCOMMODATIONS OF A PLACE OF PUBUC ACCOMMODATION OR PUBUC SERVICE WILL BE REFUSED, WITHHELD FROM, OR DENIED AN INDIVIDUAL BECAUSE OF REUGION, RACE, COLOR, SEX, AGE, SEXUAL ORIENTATION, FAMILIAL STATUS, HEIGHT, WEIGHT. MARITAL STATUS, ANCESTRY, NATIONAL ORIGIN, MARCH 16, 1996 %--oUNCIL PROCEEDINGS SEXUAL ORIENTATION, POLITICAL ORIENTATION, IANDICAP, USE BY AN INDIVIDUAL OF ADAPTIVE DEVICES OR AIDS, OR SOURCE OF INCOME, OR THAT AN INDIVIDUALS PATRONAGE OF OR PRESENCE AT A PLACE OF PUBLIC ACCOMMODATION IS OBJECTIONABLE, UNWELCOME, UNACCEPTABLE, OR UNDESIRABLE BECAUSE OF RELIGION, RACE, COLOR, SEX, AGE, SEXUAL ORIENTATION, FAMILIAL STATUS, HEIGHT AND WEIGHT, HANDICAP, MARITAL STATUS, NATIONAL ORIGIN, POLITICAL ORIENTATION, HANDICAP, USE BY AN INDIVIDUAL OF ADAPTIVE DEVICES OR AIDS, OR SOURCE OF INCOME. (C) EXEMPTIONS UNDER THIS SECTION: THIS SECTION SHALL NOT APPLY TO A PRIVATE CLUB OR OTHER ESTABLISHMENT NOT IN FACT OPEN TO THE PUBLIC, EXCEPTTO THE EXTENT THAT THE GOODS, SERVICES, FACILITIES, PRIVILEGES, ADVANTAGES, OR ACCOMMODATIONS OF THE PRIVATE CLUB OR ESTABUSHMENT ARE MADE AVAILABLE TO THE CUSTOMERS OR PATRONS OF ANOTHER ESTABLISHMENT THAT IS A PLACE OF PUBLIC ACCOMMODATION, OR IF IT IS LICENSED, CHARTERED, OR CERTIFIED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS. 296.04 ENFORCEMENT. (A) TO THE EXTENT PERMITTED BY LAW, ALL COMPLAINTS OF HOUSING, EMPLOYMENT, AN PUBLIC ACCOMMODATION AND PUBLIC SERVICES DISCRIMINATION RECEIVED BY CITY DEPARTMENTS SHALL BE KEPT CONFIDENTIAL AND FORWARDED To THE HUMAN REUTIoNs AND COMMUNITY SERVICES DEPARTMENT FOR REVIEW AND INVESTIGATION. COMPLAINTS, SHALL BE IN WRITING OR, IF ORAL, SHALL BE REDUCED TO WRITING AND SHALL CONTAIN SUCH INFORMATION AND BE IN SUCH FORM AS THE DEPARTMENT REQUIRES. THE DEPARTMENT SHALL: (1) RECEIVE, INVESTIGATE, MAKE RECOMMENDATIONS, INITIATE AND ATTEMPT TO CONCILIATE ANY COMPLAINTS OF HOUSING, EMPLOYMENT, A" PUBLIC ACCOMMODATION AND PUBLIC SERVICES DISCRIMINATION BECAUSE OF RELIGION, RACE, COLOR, sEx, AGE, SEXUAL ORIENTATION, FAMILIAL STATUS, HEIGHT, WEIGHT, MARITAL STATUS, ANCESTRY, NATIONAL ORIGIN, POUTICAL ORIENTATION, HANDICAP, THE USE BY AN INDIVIDUAL OF ADAPTIVE DEVICES OR AIDS, OR SOURCE OF INCOME (II) ENSURE THAT NO EXCESSIVE BURDENS ARE PLACED ON COMPLAINANTS WHICH MIGHT DISCOURAGE FILING OF COMPLAINTS REGARDING DISCRIMINATION; (III) COMMENCE AND COMPU=TE COMPLAINT PROCESSING IN A TIMELY MANNER; AND (IV) PROMULGATE AND PUBLISH RULES AND GUIDELINES FOR THE PROCESSING, INVESTIGATION AND RESOLUTION OF COMPLAINTS. THE DEPARTMENT ALSO MAY REFER TO THE OFFICE OF THE CITY 171 ATTORNEY ANY COMPLAINT OF HOUSING, EMPLOYMENT, PUBLIC ACCOMMODATION, AND PUBLIC SERVICES DISCRIMINATION FOR THE PURPOSE OF THE CITY ATTORNEY REVIEW FOR POSSIBLE PROSECUTION. (B) IT SHALL ALSO BE CONSIDERED A VIOLATION OF THIS CHAPTER FOR; (1) A PERSON OR PERSONS TO COERCE INTIMIDATE, THREATEN, OR INTERFERE WITH ANY PERSON IN THE EXERCISE OR ENJOYMENT OF, OR AN ACCOUNT OF ONE'S HAVING EXERCISED OR ENJOYED, OR ON ACCOUNT OF ONE'S HAVING AIDED OR ENCOURAGED ANY OTHER PERSON IN THE EXERCISE OR ENJOYMENT OF ANY RIGHT GRANTED OR PROTECTED BY THIS CHAPTER. (II) A PERSON TO COERCE, THREATEN OR RETALIATE AGAINST ANY INDIVIDUAL OR ORGANIZATION FOR MAKING A COMPLAINT OR ASS15TING IN AN INVESTIGATION REGARDING A VIOLATION OR ALLEGED VIOLATION OF THIS CHAPTER OR REQUIRE, REQUEST, CONSPIRE WITH, ASSIST OR COERCE ANOTHER PERSON TO RETAUATE AGAINST ANY INDIVIDUAL OR ORGANIZATION FOR MAKING A COMPLAINT OR ASSISTING IN ANY INVESTIGATION PURSUANT TO THIS CHAPTER. (III) A PERSON TO CONSPIRE WITH, ASS15T, COERCE OR REQUEST ANOTHER PERSON TO DISCRIMINATE IN ANY MANNER PROHIBITED BY THIS CHAPTER, (III) A PERSON TO PROVIDE FALSE OR SUBSTANTIALLY MISLEADING INFORMATION TO ANY AUTHORIZED PERSON INVESTIGATING A COMPLAINT REGARDING A VIOLATION OF THIS CHAInER, OR SIGN A COMPLAINT FOR A VIOLATION OF THIS CHAPTER BASED UPON FALSE OR SUBSTANTIALLY MISLEADING INFORMATION. 295.05 BURDEN OF PROOF. (EDITORS NOTE: SECTION RESERVED FOR FUTURE USE -1 296.05 CONFLICTS. NOTHING CONTAINED IN THIS CHAPTER SHALL BE DEEMED OR INTERPRETED TO SUPERSEDE OR CONFLICT WITH ANY LAW OF THE STATE OR THE UNITED STATES RELATING TO DISCRIMINATION BECAUSE OF RELIGION, RACE, COLOR, SEX, AGE, SEXUAL ORIENTATION, FAMILIAL STATUS, HEIGHT, WEIGHT, MARITAL STATUS, NATIONAL ORIGIN, ANCESTRY, POLITICAL ORIENTATION, HANDICAP, USE OF ADAPTIVE DEVICES OR AIDS BY AN INDIVIDUAL, OR SOURCE OF INCOME 296.07 REMEDIES CUMULATIVE; COOPERATION OF CITY WITH STATE CIVIL RIGHTS COMMISSION AND THE MICHIGAN DEPARTMENT OF CIVIL RIGHTS. NOTHING IN THIS .CHAPTER SHALL BE CONSTRUED TO LIMIT THE RIGHTS OF ACCESS BY AN INDIVIDUAL TO REMEDIES BEFORE THE STATE CIVIL RIGHTS COMMISSION OR BEFORE ANY STATE COURT ON AN INDIVIDUAL BASIS, OR TO PROHIBIT COOPERATION )8 75 71 54 95 42 :3E i5,9 . 8, 34; D7 50 42 17 2c I: li G' u- Md. MARCH 18, 1996 COUNCIL PROCEEDINGS BETWEEN THE CITY AND THE STATE CIVIL RIGHTS COMMISSION AND THE MICHIGAN DEPARTMENT OF CIVIL RIGHTS. 296.08 EXPIRATION. THIS CHAPTER SHALL EXPIRE TEN YEARS FROM THE DATE OF ITS ADOPTION UNLESS READOPTED BY THE LANSING CITY COUNCIL. 296.09 CLARIFICATIONS. (1) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED: (A) TO ENTITLE ANYONE TO AFFIRMATIVE ACTION CONSIDERATION BASED UPON SEXUAL ORIENTATION; OR (B) TO REQUIRE OR PRECLUDE TEACHING ABOUT SEXUAL ORIENTATION WITHIN A SCHOOL OR EDUCATIONAL INSTITUTION. THE DECISION TO INCLUDE SUCH INSTRUCTION WILL REMAIN WITH THE GOVERNING BODY OF THE SCHOOL OR EDUCATIONAL INSTITUTION; (2) THE PROTECTION AFFORDED UNDER THIS CHAPTER ON THE BASIS OF SEXUAL ORIENTATION. SHALL NOT APPLY TO RELIGIOUS ORGANIZATIONS INCLUDING EDUCATIONAL INSTITUTIONS OWNED OR CONTROLLED BY SUCH ORGANIZATIONS EXCEPT FOR THE FOR PROFIT ACTIVITIES OF RELIGIOUS ORGANIZATIONS SUBJECT TO TAXATION UNDER SECTION 51 1 W OF THE INTERNAL REVENUE CODE. (3) IN ENACTING THIS CHAPTER, THE CITY COUNCIL DOES NOT INTEND, AND NOTHING IN THIS CHAPTER SHALL BE SO CONSTRUED, TO MODIFY, AMEND OR EXPAND THOSE PROTECTED CLASSIFICATIONS WHICH ARE SUBJECT TO THE AFFIRMATIVE ACTION PROVISIONS CONTAINED IN SECTION 6-301 OFTHE CHARTER OR CONTAINED WITHIN OTHER ORDINANCES OF THE CITY. IT IS THE LEGISLATIVE INTENT OF THE CITY COUNCIL THAT THE CLASS OF "SEXUAL ORIENTATION" NOT BE DETERMINED A STATUS PROTECTED BY THE AFFIRMATIVE ACTION REQUIREMENTS OF CHARTER SECTION 6-301. NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO ENTITLE ANYONE TO AFFIRMATIVE ACTION CONSIDERATION BASED UPON SEXUAL ORIENTATION. 296.99 VIOLATION AS A MUNICIPAL CIVIL INFRACTION. (1) A PERSON WHO VIOLATES THIS CHAPTER IS RESPONSIBLE FOR A MUNICIPAL CIVIL INFRACTION WITHIN THE MEANING OF ACT 12 OF THE PUBLIC ACTS OF 1994, SUBJECT TO PAYMENT OF A CIVIL FINE OF UP TO TWENTY-FIVE HUNDRED ($2,500) DOLLARS, PLUS COSTS AND OTHER SANCTIONS FOR EACH INFRACTION. (2) REPEAT OFFENSES SHALL BE SUBJECT TO INCREASED FINES AS SET FORTH IN SECTION 296.99(3) HEREOF. AS USED IN THIS SECTION, "REPEAT OFFENSE" MEANS A SECOND (OR ANY 172 SUBSEOUENT) MUNICIPAL CIVIL INFRACTION THIS CHAPTER AS FOLLOWS: (A) THE OFFENSE WAS COMMITTED BY A PERSON WITHIN A THREE MONTH PERIOD OF A PRIOR VIOLATION OF THIS CHAPTER; (B) THE PERSON ADMITS RESPONSIBILITY OR IS DETERMINED TO BE RESPONSIBLE FOR COMt, MNG THE OFFENSE. (3) FINES FOR REPEAT OFFENSES ARE AS FOLLOWS: (A) FOR ANY OFFENSE WHICH IS A FIRST REPEAT OFFENSE, THE FINE SHALL BE NO LESS THAN $ 1,000 AND NOT MORE THAN $ 10,000, PLUS COSTS AND OTHER SANCTIONS. (B) THE FINE FOR ANY OFFENSE WHICH IS A SECOND REPEAT OFFENSE OR SUBSEQUENT REPEAT OFFENSE SHALL BE NO LESS THAN $2,000 DOLLARS AND NOT MORE THAN $ 1 5,000 PLUS COSTS AND OTHER SANCTIONS. (4) THE PROVISIONS OF THIS CHAPTER SHALL BE ENFORCED BY AN AUTHORIZED CITY OFFICIAL. A MUNICIPAL INFRACTION UNDER THIS SECTION MAY BE COMMENCED UPON THE ISSUANCE BY AN AUTHORIZED CITY OFFICIAL OF A MUNICIPAL CML INFRACTION CTfATTON DIRECTING THE ALLEGED VIOLATOR TO APPEAR IN COURT OR A MUNICIPAL CIVIL INFRACTIONS BUREAU, IF ONE EXISTS. "AUTHORIZED CITY OFFICIAL" MEANS THE DIRECTOR OF THE HUMAN RELATIONS AND COMMUNITY SERVICES DEPARTMENT OR THE DIRECTOR OF SUCCESSOR DEPARTMENT. SECTION 2. ALL ORDINANCES, . RESOLUTIONS OR RULES, PARTS OF ORDINANCES, RESOLUTIONS OR RULES INCONSISTENT WITH THE PROVISIONS HEREOF ARE HEREBY REPEALED. SECTION 3. SHOULD ANY SECTION, CLAUSE OR PHRASE OF THIS ORDINANCE BE DECLARED TO BE INVALJD, THE SAME SHALL NOT AFFECT THE VAUDITY OF THE ORDINANCE AS A WHOLE, OR ANY PART THEREOF OTHER THAN THE PART SO DECLARED TO BE INVALID. SECTION 4. THIS ORDINANCE SHALL TAKE EFFECT ON THE 30TH DAY AFTER ENACTMENT UNLESS GIVEN IMMEDIATE EFFECT BY CITY COUNCIL. BY COUNCILMEMBER BEAL THAT THE ORDINANCE WHEN READ BE CONSIDERED AS READ IN ITS ENTIRETY. BY THE COMMITTEE OF THE WHOLE: BY COUNCILMEMBER BEAL RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING THAT AN ORDINANCE AMENDING THE CODE nF ORDINANCES BY AMENDING CHAPTER 297, SEC,, 297.02, 297.03, 297.04, 297.06 AND ADDING NEW SECTIONS 297.08, 297.09 AND 297. 10 FOR THE PURPOSE OF PROVIDING NEW PROTECTED CLASSES 3 MARCH 18, 1996 %'OUNCIL PROCEEDINGS OF SEXUAL ORIENTATION, FAMILIAL STATUS AND SOURCE OF INCOME WITHIN THE JURISDICTION OF THE HUMAN RELATIONS BOARD, BE PLACED ON ORDER OF IMMEDIATE PASSAGE BY THE COMMITTEE OF THE WHOLE: BY COUNCILMEMBER BEAL RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING THAT AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 297, SECTIONS 297.02, 297.03, 297.04, 297.06 AND ADDING NEW SECTIONS 297.08, 297.09 AND 297. 10 FOR THE PURPOSE OF PROVIDING NEW PROTECTED CLASSES OF SEXUAL ORIENTATION, FAMILIAL STATUS AND SOURCE OF INCOME WITHIN THE JURISDICTION OF THE HUMAN RELATIONS BOARD, BE NOW PASSED.. y AS: COUNCILMEMBERS BAUER. BEAL, JONES, LEEMAN, NOVAK NAYS: COUNCILMEMBERS ALLEN, BENAVIDES, LILLY ABSENT: NONE MARILYNN .$LADE, CITY CLERK CHAPTER 297 RICHARD D. LETTS HUMAN RELATIONS ORDINANCE aRoiIv�e�� ,►�>�� . AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND THE CODE OF ORDINANCES OF THE CIN OF LANSING BY AMENDING CHAPTER 297, SECTION 297.02, 297.03, 297.04, 297.06; AND ADDING NEW SECTIONS 297.08, 297.09, AND 297. 10; FOR THE PURPOSE OF PROVIDING NEW PROTECTED CLASSES OF SEXUAL ORIENTATION, FAMILIAL STATUS, AND SOURCE OF INCOME WITHIN THE JURISDICTION OF THE HUMAN RELATIONS BOARD. THE CITY OF LANSING ORDAINS: SECTION 1. THAT CHAPTER 297 OF THE CODE OF ORDINANCES OF THE CITY OF LANSING, MICHIGAN BE AMENDED TO BE READ AS FOLLOWS. 297.01 ESTABLISHMENT OF HUMAN RELATIONS BOARD; MEMBERSHIP; TERMS; VACANCIES. THERE IS HEREBY ESTABLISHED A HUMAN RELATIONS BOARD IN AND FOR THE CITY. THE BOARD SHALL CONSIST OF TWELVE MEMBERS TO BE APPOINTED BY THE MAYOR WITH THE APPROVAL OF COUNCIL. ONE OF THE MEMBERS SHALL BE DESIGNATED BY THE BOARD AS. 173 CHAIRPERSON. THE MEMBERS OF THE BOARD, AS NEARLY AS POSSIBLE, SHALL BE REPRESENTATIVE OF THE DIVERSE GROUPS WITHIN THE CITY. THEY SHALL SERVE WITHOUT COMPENSATION. OF THE TWELVE MEMBERS FIRST APPOINTED, ONE-FOURTH SHALL SERVE FOR ONE YEAR, ONE-FOURTH FOR TWO YEARS, ONE- FOURTH FOR THREE YEARS, AND ONE-FOURTH FOR FOUR YEARS. THEREAFTER, ALL APPOINTMENTS TO THE BOARD SHALL BE FOR A TERM OF FOUR YEARS. IN THE EVENT OF THE DEATH OR RESIGNATION OF ANY MEMBER, A SUCCESSOR SHALL BE APPOINTED TO SERVE FOR THE UNEXPIRED TERM FOR WHICH SUCH MEMBER HAD BEEN APPOINTED IN THE MANNER HERETOFORE DESCRIBED. 297.02 GENERAL DUTIES OF BOARD. THE HUMAN RELATIONS BOARD SHALL: W FOSTER MUTUAL UNDERSTANDING AND RESPECT AMONG ALL GROUPS IN THE CITY. IT SHALL DISCOURAGE DISCRIMINATORY PRACTICES AMONG ANY SUCH GROUPS OR ANY MEMBERS THEREOF. IT SHALL COOPERATE WITH CITY, STATE -AND FEDERAL AGENCIES, AS WELL AS WITH NONGOVERNMENTAL ORGANIZATIONS. IT SHALL EXAMINE AND CONDUCT STUDIES IN ANY FIELD OF HUMAN RELATIONS THAT WILL AID IN ACCOMPLISHING rrs GENERAL PURPOSE. (B) ADVISE AND RECOMMEND METHODS FOR FURNISHING EQUAL SERVICE TO ALL RESIDENTS OF THE CITY, IT SHALL ADVISE ON THE ENFORCEMENT OF SECTION 1-302 OF THE CITY CHARTER. IT SHALL DEVELOP PAMPHLETS FOR CITY EMPLOYEES TO STUDY, WHICH PAMPHLETS SHALL PRESCRIBE METHODS OF' DEALING WITH INTERGROUP RELATIONS WHICH DEVELOP RESPECT FOR EQUAL RIGHTS AND WHICH RESULT IN EQUAL TREATMENT WITHOUT REGARD TO, BUT NOT UMITED TO, RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, SEX, AGE, HEIGHT, WEIGHT, HANDICAP, MARITAL STATUS OR POLITICAL ORIENTATION, SEXUAL ORIENTATION, FAMILIAL STATUS, OR SOURCE OF INCOME, ASSURING FAIR AND EQUAL TREATMENT UNDER LAW TO ALL RESIDENTS. IT SHALL GIVE COUNSEL AND ADVICE ON HOW TO PROTECT THE RIGHTS OF ALL PERSONS TO ENJOY PUBLIC ACCOMMODATIONS AND FACILITIES, AND TO RECEIVE EQUAL TREATMENT FROM ALL HOLDERS OF CONTRACTS OR PRIVILEGES FROM THE CITY, AND ADVISE THE BEST METHOD OF MAINTAINING EQUALITY OF OPPORTUNITY FOR EMPLOYMENT AND ADVANCEMENT IN THE CITY GOVERNMENT. (C) STUDY AND EXAMINE PROBLEMS ARISING BETWEEN GROUPS IN THE CITY, WHICH PROBLEMS MAY RESULT IN TENSIONS, DISCRIMINATION OR PREJUDICES ON ACCOUNT OF, BUT NOT LIMITED TO, RACE, COLOR, CREED, SEX, AGE, HEIGHT, WEIGHT, HANDICAP, MARITAL STATUS, POLITICAL ORIENTATION, NATIONAL ORIGIN, ANCESTRY, SEXUAL ORIENTATION, FAMILIAL STATUS, AND SOURCE OF INCOME. (D) FORMULATE AND CARRY OUT PROGRAMS OF COMMUNITY EDUCATION AND INFORMATION IN MARCH 18, 1996 COUNCIL PROCEEDINGS COOPERATION WITH EDUCATIONALAND COMMUNITY ORGANIZATIONS WITH THE OBJECT OF DISCOURAGING AND ELIMINATING ANY SUCH TENSIONS, PREJUDICE, INTOLERANCE OR DISCRIMINATION; (E) EXAMINE AND, IF IT DEEMS IT ADVISABLE, MAKE PUBLIC, REPORTS ON ANY COMPLAINTS OF DISCRIMINATION, TENSIONS, INTOLERANCE OR PREJUDICE FILED WITH OR REFERRED TO IT; (F) FURTHER ISSUE SUCH PUBLICATONSAND REPORTS OF EXAMINATIONS AND RESEARCH AS WILL,. IN ITS JUDGMENT, TEND TO MINIMIZE OR ELIMINATE PREJUDICE, INTOLERANCE, RACE OR AREA TENSIONS AND DISCRIMINATION, AND WHICH WILL PROMOTE OR TEND TO PROMOTE GOOD WILL; (G) SECURE THE COOPERATION OF VARIOUS RACIAL, RELIGIOUS, NATIONALITY AND ETHNIC GROUPS, FORMAL OR INFORMAL GROUPINGS IN THE COMMUNITY, VETERANS ORGANIZATIONS,' AND FRATERNAL, BENEVOLENT AND SERVICE GROUPS, IN EDUCATIONAL CAMPAIGNS DEVOTED TO THE NEED FOR ELIMINATING GROUP PREJUDICE, RACIAL OR AREA TENSIONS, INTOLERANCE AND DISCRIMINATION; (H) COOPERATE WITH OTHER PUBLIC GOVERNMENTAL OR PRIVATE AGENCIES IN DEVELOPING COURSES OF INSTRUCTION FOR PRESENTATION IN PUBLIC AND/OR PRIVATE SCHOOLS, IN PUBLIC LIBRARIES OR ANY OTHER SUITABLE PLACE, SHOWING AND ILLUSTRATING THE CONTRIBUTIONS OF VARIOUS RELIGIONS, NATIONALITIES, ETHNIC AND OTHER GROUPS TO THE CULTURE, TRADITION AND PROGRESS OF OUR CITY, STATE AND NATION, AND FURTHER SHOWING THE DEPLORABLE EFFECTS AND MENACE OF PREJUDICE, INTOLERANCE, DISCRIMINATION AND RACIAL AND AREA TENSIONS; (1) COOPERATE WITH FEDERAL, STATE AND CITY AGENCIES AND DEPARTMENTS WHICH REQUEST ADVICE IN CARRYING OUT PROJECTS WITHIN THEIR RESPECTIVE AUTHORITIES TO ELIMINATE INTERGROUP TENSIONS AND TO PROMOTE INTERGROUP HARMONY. IT SHALL RECOMMEND TO THE MAYOR AND TO COUNCIL MEASURES, INCLUDING LEGISLATION, AIMED AT IMPROVING THE ABIUTY OF THE VARIOUS CITY DEPARTMENTS AND AGENCIES TO ENSURE PROTECTION OF ALL PERSONS AND GROUPS FROM DISCRIMINATION BECAUSE OF, BUT NOT LIMITED TO, RACE, COLOR, CREED, SEX, AGE, HEIGHT, WEIGHT, HANDICAP, MARITAL STATUS, POLITICAL ORIENTATION, NATIONAL ORIGIN, ANCESTRY, SEXUAL ORIENTATION, FAMILIAL STATUS, AND SOURCE OF INCOME. IT SHALL ADVISE ANY OFFICIAL OR COMPETENT AUTHORITY ON MATTERS INVOLVING CIVIL RIGHTS OR THE VIOLATION THEREOF OR THE OCCURRENCE OF TENSIONS, PREJUDICE OR DISCRIMINATION THAT MAY COME TO ITS ATTENTION. (J) PREPARE AND SUBMIT REPORTS TO THE MAYOR AND COUNCIL OF ITS ACTIVITIES. AT LEAST ONE REPORT SHALL BE MADE ANNUALLY. 297.03 MEETINGS; RULES; OFFICERS; COMMITTEES; FACILITIES AND STAFF. 1j4 THE HUMAN RELATIONS BOARD SHALL MEET NOT LF, THAN ONCE A MONTH AND SHALL ADOPT, BY MAJOI VOTE, SUCH RULES AS IT DEEMS EXPEDIENT FOR THE 'i CONDUCT OF ITS BUSINESS. IT SHALL ELECT A SECRETARY AND SUCH OTHER OFFICERS AS IT DEEMS NECESSARY. THE CHAIRPERSON SHALL APPOINT SUCH COMMITTEES AS THE RULES OF THE BOARD MAY PROVIDE AND SUCH OTHER COMMITTEES AS MAY FORM TIME TO TIME BE FOUND NECESSARY. THE MAYOR Mrr SHALL ASSIGN TO THE BOARD OFFICE SPACE, FACILITIES AND APPROPRIATE STAFF, AS DETERMINED NECESSARY BY COUNCIL. 297.04 EXAMINATION OF COMPLAINTS; HEARINGS AND STUDIES. THE HUMAN RELATIONS BOARD SHALL RECEIVE AND EXAMINE COMPLAINTS OF TENSIONS, PRACTICES OF DISCRIMINATION AND ACTS OF ' PREJUDICE AND INTOLERANCE AGAINST ANY PERSON OR GROUP BECAUSE OF, BUT NOT LIMITED TO, RACE, COLOR, CREED, SEX, AGE, HEIGHT, WEIGHT, HANDICAP, MARITAL STATUS, POLITICAL ORIENTATION, NATIONAL ORIGIN, ANCESTRY, SEXUAL ORIENTATION, FAMILIAL STATUS, AND SOURCE OF INCOME, AND MAY CONDUCT PRIVATE OR PUBLIC HEARINGS IN ACCORDANCE WITH STATE LAW WITH REGARD THERETO. IT MAY ALSO CARRY ON STUDIES TO OBTAIN FACTUAL DATA TO ASCERTAIN THE STATUS AND TREATMENT OF RACIAL, RELIGIOUS, ETHNIC AND OTHER GROUPS OR PERSONS IN THE CITY AND THE BEST ME' OF PROGRESSIVELY IMPROVING HUMAN RELATION.. THE CITY. 297.05 FAILURE TO FURNISH INFORMATION TO BOARD. THE GATHERING OF, FACTUAL INFORMATION IS VITAL TO . THE HUMAN RELATIONS BOARD IN THE PERFORMANCE OF ITS DUTIES. IF ANY PERSON FINDS IT IMPRACTICAL TO SUPPLY SUCH INFORMATION TO THE BOARD, THEN THE BOARD MAY, AT THE DISCRETION, REPORT ON ITS FAILURE TO RECEIVE ADEQUATE INFORMATION TO THE MAYOR. (ORD. 588. PASSED 3-2-91 .) 297.05 PROHIBrrED DISCRIMINATION BY CITY DEPARTMENTS OR EMPLOYEES. NO DEPARTMENT OF THE CITY, AND NO CITY OFFICIAL, AGENT OR EMPLOYEE FOR AND ON BEHALF OF THE CITY, SHALL WILLFULLY REFUSE TO EMPLOY, OR DISCHARGE, ANY PERSON IN THE CITY OTHERWISE QUALIFIED, BECAUSE OF RACE, COLOR, RELIGION, SEX, AGE, HEIGHT, WEIGHT, HANDICAP, MARITAL STATUS, POLITICAL ORIENTATION, NATIONAL ORIGIN, SEXUAL ORIENTATION, FAMILIAL STATUS, AND SOURCE OF INCOME, EXCEPT WHERE THE SAME IS A BONA FIDE JOB REQUIREMENT, OR FOR ANY OTHER CAUSE NOT REASONABLY RELATED TO THE ACCOMPLISHMENT OF A f MARCH 18, 1996 .OUNCIL PROCEEDINGS LEGITIMATE GOVERNMENTAL PURPOSE; DISCRIMINATE FOR THE SAME REASONS IN REGARD TO TENURE, TERMS OR CONDITIONS OF EMPLOYMENT; DENY PROMOTION OR INCREASE IN COMPENSATION SOLELY FOR SUCH REASONS; ADOPT OR ENFORCE ANY RULES OR EMPLOYMENT POLICY WHICH DISCRIMINATES BETWEEN NT OF RACE, COLOR, RELIGION, EMPLOYEES ON ACCOU NATIONAL ORIGIN, AGE, SEX, HEIGHT, WEIGHT, MARITAL STATUS, POLITICAL ORIENTATION, HANDICAP, SEXUAL ORIENTATION, FAMILIAL STATUS, OR SOURCE OF INCOME, EXCEPT WHERE THE SAME IS A BONA FIDE JOB REQUIREMENT, OR FOR ANY OTHER CAUSE NOT REASONABLY RELATED TO THE ACCOMPLISHMENT OF A LEGITIMATE GOVERNMENTAL PURPOSE; SEEK SUCH INFORMATION AS TO ANY EMPLOYEE AS A CONDITION OF EMPLOYMENT, EXCEPT IN COOPERATION WITH FEDERAL OR STATE AUTHORITIES IN FURTHERANCE OF NATIONAL SECURITY; OR PENALIZE ANY EMPLOYEE OR DISCRIMINATE IN THE SELECTION" OF PERSONNEL FOR TRAINING SOLELY ON THE BASIS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, AGE, SEX, HEIGHT, WEIGHT, MARITAL STATUS, POLITICAL ORIENTATION, HANDICAP, SEXUAL ORIENTATION, FAMILIAL STATUS, OR SOURCE OF INCOME, EXCEPT WHERE THE SAME IS A BONA FIDE JOB REQUIREMENT, OR FOR ANY OTHER CAUSE NOT REASONABLY RELATED TO A LEGITIMATE GOVERNMENTAL PURPOSE. 297.07 AFFIRMATIVE ACTION PROGRAM. W THERE IS HEREBY ESTABLISHED AN AFFIRMATIVE ACTION PROGRAM WITHIN THE CITY. THE MAYOR OR A DESIGNEE, HEREAFTER REFERRED TO AS THE AFFIRMATIVEACTION OFFICER FOR THE CITY, SHALL BE RESPONSIBLE FOR ADMINISTERING AND IMPLEMENTING THE AFFIRMATIVE ACT10H PLAN FOR THE CITY. (B) THE AFFIRMATIVE ACTION OFFICER SHALL DEVELOP AND IMPLEMENT AFFIRMATIVE ACTION PROGRAMS, INCLUDING, BUT NOT LIMITED TO: (1) REVIEWING CITY PERSONNEL POLICIES TO ENSURE COMPLIANCE WITH THE CITY AFFIRMATIVE ACTION POLICIES. IF THE AFFIRMATIVE ACTION OFFICER . CONCLUDES THAT A HIRE OR PROMOTION IS IN VIOLATION, OR MAY BE IN VIOLATION, OF CITY AFFIRMATIVE ACTION POLICIES, THEN THE AFFIRMATIVE ACTION OFFICER MAY SUSPEND SUCH PERSONNEL TRANSACTION FOR TEN DAYS. THE MAYOR OR A DESIGNEE SHALL- RECEIVE ALL PERTINENT DATA REGARDING SUCH HIRE OR PROMOTION AND SHALL HAVE FINAL AUTHORITY TO DETERMINE WHETHER OR NOT SUCH A HIRE OR PROMOTION COMPLIES WITH CITY AFFIRMATIVE ACTION POLICIES. (2) INVESTIGATING ALL COMPLAINTS OF DISCRIMINATION IN EMPLOYMENT WITHIN THE CITY WHICH ARE REFERRED TO THE AFFIRMATIVE ACTION OFFICER, IF SUCH PERSON IS OTHER THAN THE MAYOR. THE AFFIRMATIVE ACTION OFFICER SHALL REPORT TO THE MAYOR THE RESULTS OF SUCH INVESTIGATION. 173 (3) DEVELOPING AFFIRMATIVE ACTION POLICY RECOMMENDATIONS, INCLUDING AN AFFIRMATIVE ACTION PLAN; (4) DEVELOPING AND REVIEWING PROCEDURES FOR ASSURING COMPLIANCE WITH AFFIRMATIVE ACTION POLICIES AND THE AFFIRMATIVE ACTION PLAN; AND (5) REVIEWING PROCEDURES FOR RECRUITING MINORITIES WITHIN CITY EMPLOYMENT AND FORWARDING RESULTS OF SUCH REVIEWS AND ANY RECOMMENDATIONS TO THE MAYOR. (C) THE MAYOR SHALL REQUIRE THAT ALL CITY DEPARTMENTS, BOARDS, COMMISSIONS, AGENCIES, OFFICERS AND EMPLOYEES SHALL RENDER TO THE AFFIRMATIVE ACTION OFFICER WHATEVER REASONABLE ASSISTANCE AND INFORMATION IS REQUESTED BY SUCH OFFICER. 297.08 ACCESSIBLE MEETINGS. ALL MEETINGS OPEN TO THE PUBLIC AND CONDUCTED BY THE CITY, A POLITICAL SUBDIVISION, OR AND AGENCYTHEREOF SHALL BE HELD IN AN ACCESSIBLE FACILITY OR LOCATION. 297.09 CITY CONTRACTS EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. A CONTRACT TO WHICH THE CIN, A POLITICAL SUBDIVISION, OR AN AGENCYTHEREOF IS A PARTY SHALL CONTAIN A COVENANT BY THE CONTRACTOR AND HIS/HER SUBCONTRACTORS NOT TO DISCRIMINATE. AGAINST AN EMPLOYEE OR APPLICANT FOR EMPLOYMENT WITH RESPECT TO HIRE, TENURE, TERMS AND CONDITIONS, OR PRIVILEGES OR EMPLOYMENT, BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, AGE, SEX, HEIGHT, WEIGHT. MARITAL STATUS, POLITICAL ORIENTATION, SEXUAL ORIENTATION, FAMILIAL STATUS, OR SOURCE OF INCOME. BREACH OFTHIS COVENANT MAY BE REGARDED AS A MATERIAL BREACH OF CONTRACT. 297.10 CLARIFICATIONS. (A) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED: (1) TO ENTITLE ANYONE TO AFFIRMATIVE ACTION CONSIDERATION BASED UPON SEXUAL ORIENTATION; OR (2) TO REQUIRE OR PRECLUDE TEACHING ABOUT SEXUAL ORIENTATION WITHIN A SCHOOL OR EDUCATIONAL INSTITUTION. THE DECISION TO INCLUDE SUCH INSTRUCTION WILL REMAIN WITH THE GOVERNING BODY OF THE SCHOOL OR EDUCATIONAL INSTITUTION; (B) THE PROTECTION AFFORDED UNDER THIS CHAPTER ON THE BASIS OF SEXUAL ORIENTATION SHALL NOT APPLY TO RELIGIOUS ORGANIZATIONS z MARCH 18, 1996 COUNCIL PROCEEDINGS INCLUDING EDUCATIONAL INSTITIMONS OWNED OR CONTROLLED BY SUCH ORGANIZATIONS EXCEPT FOR THE FOR- PROFrr ACTIVITIES OF RELIGIOUS ORGANIZATIONS SUBJECT TO TAXATION UNDER SECTION 51 1 W OF THE INTERNAL REVENUE CODE. SECTION 2. ALL ORDINANCES, RESOLUTIONS OR RULES, PARTS OF ORDINANCES, RESOLUTIONS OR RULES INCONSISTENT WITH THE PROVISIONS HEREOF ARE HEREBY REPEALED. SECTION 3. SHOULD ANY SECTION, CLAUSE OR PHRASE OF THIS ORDINANCE BE DECLARED TO BE INVALID, THE SAME SHALL NOT AFFECT THE VALIDITY OF THE ORDINANCE AS A WHOLE, OR ANY PART THEREOF OTHER'THAN THE PART SO DECLARED TO BE INVALID. SECTION 4. THIS ORDINANCE SHALL TAKE EFFECT ON THE 30TH DAY AFTER ENACTMENT UNLESS GIVEN IMMEDIATE EFFECT BY CITY COUNCIL. MARILYNN SLADE, CITY CLERK CONSIDERATION OF LATE ITEMS I. FROM COUNCILMEMBER BEHAVIDES; A REQUEST THAT THE RULES BE SUSPENDED TO ALLOW FOR THE ADDITION OF A SPECIAL CEREMONY FOR A PRESENTATION TO THE MAYOR'S DRUG FREE YOUTH TASK FORCE THE RULES WERE SUSPENDED AND A SPECIAL CEREMONY WAS CONDUCTED 2. FROM COUNCILMEMBER LEEMAN; A REQUEST THAT THE RULES BE SUSPENDED TO ALLOW FOR THE ADDITION OF A SPECIAL CEREMONY FOR THE PRESENTATION OF A RESOLUTION OF TRIBUTE TO GEORGE HARLOW THE RULES WERE SUSPENDED AND A SPECIAL CEREMONY WAS CONDUCTED PUBLIC COMMENTS WILLIAM HUBBELL 1 827 1/2 S. HOLMES SAIDTHATANY ATTEMPT TO NAME THE SOUTH SIDE COMMUNITY CENTER FOR ANYONE SHOULD BE PLACED IN THE JURISDICTION OF THE MEMORIAL REVIEW BOARD. LLOYD TEETS OF 1 16 E. ELM ST. SAID THAT ANY LETTERS SENT TO COUNCILMEMBER LEEMAN ARE HIS PROPERTY AND SHOULD NOT HAVE TO BE TURNED OVER TO 'OTHER COUNCILMEMBERS. HE CRITICIZED COUNCILMEMBER LILLY FOR THE LENGTH OF HIS STATEMENTS IN OPPOSITION TO THE PASSAGE OF THE CIVIL RIGHTS ORDINANCES. MARK EGGLESTON OF 4001 HEATHGATE THANKED 176 COUNCILMEMBERS LILLY, ALLEN AND BENAVIDES Fr VOTING AGAINST THE CIVIL RIGHTS ORDINANCES. IT; HIS BELIEF THAT THIS ISSUE SHOULD BE PUT ON THF BALLOT FOR THE RESIDENTS OF THE CITY TO DECIDE, HE INVITED THE, PUBLIC TO A LEGAL DEFENSE FUND RAISER HE WILL HOLD ON FRIDAY, MARCH 22, 1 ggg IT WILL BE A SPAGHETTI DINNER AT COREY'S RESTAURANT THIS FRIDAY, BETWEEN 5:00 AND 8:00 P.M. ANY QUESTIONS CAN BE ADDRESSED BY CALLING 394-6453 MARGE OJIBWAY OF 310 SEYMOUR CRITICIZED COUNCILMEMBERS WHO VOTED IN FAVOR OF THE CIVIL RIGHTS ORDINANCES AND PREDICTED THAT IT .WILL VICTIMIZE INNOCENT PEOPLE. SHE CALLED FOR A RECONSIDERATION OF TONIGHT'S VOTE ON THIS ISSUE.- MIKE SSUE: MIKE PARR OF 2 10 N. JENISON SAID THAT IT IS GREAT TO SEE LANSING PROMOTE DIVERSRY. HE COMMENDED EVERYONE WHO VOTED IN FAVOR OF THE ORDINANCES. COUNCILMEMBERS COMMENTS COUNCIL PRESIDENTJONES CONGRATULATEDTHE BOYS BASKETBALL TEAM FROM EVERETT HIGH SCHOOL FOR MAKING IT TO THE 1/4 STATE FINALS. MAYOR'S EXECUTIVE ASSISTANT'S RESPONSE TO COMMENTS MR. WIENER THANKED COUNCIL FOR THE VOTE ON Tl -H - CIVIL RIGHTS ORDINANCES AND SAID THAT HE HOPES THAT AS THE IMPLEMENTATION OF THE ORDINANCES GOES FORWARD, IT WILL BE WITH A SPIRIT OF UNDERSTANDING THAT WILL HELP TO HEAL THE COMMUNITY. ADJOURNED 12:00 A.M. MARILYNN SLADE, CITY CLERK CITY OF LANSING HUMAN RELATIONS AND COMMUNITY SERVICES DEPARTMENT HUMAN RELATIONS AND COMMUNITY SERVICES ADVISORY BOARD June 5, 2003 Minutes CALL TO ORDER The June meeting of the Human Relations and Community Services Advisory Board was called to order by Chairperson Monica Martinez at 6:12 p.m., 124 W. Michigan Ave., 9"' Floor, City Hall, Lansing, MI. Present: Monica Martinez, Amy Hodgin Gordon Steinhauer, Steven Willobee, and Thomas Wilson Absent: Cheval Breggins (excused), and Rev. Kirklin Hall (excused) Staff: Carol Walton, Administrative Secretary LPD Liaison: Captain Edward Forrest, Jr. Lansing Police Department (excused) Public: None APPROVAL OF AGENDA Steven Willobee moved to approve the agenda. The motion was supported by Thomas Wilson and carried unanimous. PUBLIC COMMENT Beverly March introduced herself to the board and expressed an interest in becoming a board member. She expressed an interest in becoming a member of the board. Applications are available in the Mayor's Office. LPD LIAISON'S REPORT None COMMUNICATIONS None APPROVAL OF MINUTES Steven Willobee moved to approve the minutes of May 1, 2003. The motion was supported by Thomas Wilson and carried unanimous. Human Relations and Com _ _nity Services Advisory Board Minutes of June 5, 2003 Page 2 COMMITTEE REPORTS Budget Committee Steve Willobee spoke with Theophilis Harvey who informed him that the department's budget was approved. Steve asked Theo to draft a form showing the funding formula (see attached). Steve suggested that the board review the document and give him some feedback, thoughts, or suggestions on what the board could do to increase/change this formula so that if the department had to take budget cuts, the agencies would guarded against inflation. Steve requested information on the Hugo B. Lundberg, Jr. award dinner. Program Committee No Report Policy Committee Monica Martinez and Cheval Breggins met with staff and are still in the process of compiling the information needed to complete the department evaluation. PETITIONS/COMPLAINTS None CHAIRPERSON'S REPORT Monica Martinez acknowledged that the board is doing more than it has in the past. She encouraged board members to participate in the departments events as much as possible. Monica suggested a proposed bylaws amendment that the program and budget committee combine into one committee and that there be one other committee, the Policy committee. She afforded the members assigned to the Program committee the opportunity to join either the Policy committee or the Budget/Program committee. Gordon Steinhauer stated that he would be a member of the Budget/Program committee. The language proposed it to amend Section V. Committees, Parts A & B. The amendment would be to combine the Program and Budget and be renamed the Budget/Program committee and adopt the language under each and combine those also. Monica restated the purpose of the board is to foster mutual understanding and respect among all groups in the City and promote essential human services to meet citizen's needs within the community. Additionally, the board needs to effectuate change in certain items. If the parameters and guidelines of the bylaws are followed, there is plenty of flexibility. Each committee has presented items that are being worked on, i.e., budget increase, department evaluation, civil rights ordinance, etc. Human Relations and Community Services Advisory Board Minutes of June 5, 2003 Page 3 Monica stated that she will contact Kip Gomoll to see if the board has all the information from the past issue on the civil rights ordinance. She distributed a news clipping from The State News dated, Thursday, October 31, 1996 regarding, "Lansing's battle over civil rights." Monica will provide the board with more historical information on civil rights ordinance, after which, she has asked that the board members consider having a public hearing regarding the issue. DIRECTOR'S REPORT None OLD BUSINESS (a) Civil Rights Ordinance (b) Lugnut Game — No available dates at this time. Carol will keep us updated if something becomes available. Monica stated that the board could schedule a separate game date. (c) M.A.T.S. Report — No report (d) Member absences — Gordon Steinhauer stated that his concern with this issues is that if you look over a period of 12 —24 months and you find a pattern of excused/unexcused absences, the question is one of two fold, either the person is no interested or the boards date is not compatible with the needs. He said that the absences, excused and unexcused, given the size of the board it's relatively high. Monica stated that members need to find a connection to a committee or an issue that the board will be working on and use that as incentive to attend the monthly board meetings. Gordon Steinhauer stated that we need an attendance card. Monica stated that board members should be telephoned two days before the meeting to see if they are going to attend the meetings. Amy Hodgin expressed her concerns that the board is not involved in public activity. She stated that there are code compliance complaints, civil rights complaints, police complaints, discrimination, housing, etc. and most of the issues are being addressed by the City Council and not by the board. She feels that the City Council should be direct those complaints to the board. Steven Willobee stated that the board should use the Civil Rights Ordinance as a tool for recognition. He stated that it could be the stepping -stone for helping the board evolve. If board members keep their energy up it will become more involved in community issues. He stated that embezzlement is a huge issue and maybe the board should hold a conference on this issue. Steve stated that Dr. Richard Wild could offer input and value to the board regarding issues of funding to community organizations. Human Relations and Corm—nity Services Advisory Board Minutes of June 5, 2003 Page 4 NEW BUSINESS (a) Status of Red Cross Homeless issue (b) Board conducting seminars or forums to develop strategies regarding embezzlement issues. (c) Baker/Donora funding Thomas Q. Wilson stated his need to resign from the board. He said that it was a pleasure working with the members and God Bless. NEXT MEETING The next meeting is scheduled for July 10, 2003, at 6:00 p.m., in the 9ffi Floor Conference Room of City Hall, located at 124 W. Michigan Avenue, Lansing, Michigan. ADJOURNMENT The meeting was adjourned at 7:35 p.m. The State News - Lansing': `tle over civil rights escalates - Thursday October 31, 1996 Pagel of 2 news{ 1"r011t Page C71a i� c)�t 111teC12WS,t4m '� J Cr�a?tis Cl< ssiticd ti J City, J 0111ille ` f r J Sl )rts �.3 JN-brket Place �``' �}�lJ �MSU's Inc �Lio dent V6 1 MS&U J Archives Thursday, October 31, 1996 Front Page I Campus I City I SpOa'iS I MS&I. I Opinion I Online Classified I Market Place I Home Lansing's battle over civil rights escalates By JESSI DE LA CRUZ State News Staff Writer Two Lansing citizens groups are using everything from lawn signs to commercials to get their messages out about the city's civil rights ordinance. The ordinance would extend an already existing civil rights ordinance to include classifications such as sexual orientation, student status and source of income. It would protect people from discrimination in employment, housing and public accommodations. The Lansing Equal Rights Task Force supports the ordinance, which goes to a public vote on Tuesday. Majority Opposing Special Treatment opposes the ordinance, which it says will give special rights to gays and lesbians. Voter confusion always has been an issue with the controversial ordinance since the Lansing City Council passed it March 18. The issue will appear twice on the ballot. The two entries ask the same question and both are listed because language couldn't be -compromised on. Voters have to answer both questions for their vote to count. One question was authored by the council and the other by MOST. Alan Fox, a political analyst for Practical Political Consulting, said the mechanics of campaigning for an ordinance are the same as a candidate campaign but the message tends to be very different. Instead of selling a name, the activists are selling an issue, which makes it more difficult, he said. "Basically you have to do the bumper sticker version of your message," Fox said. http://www.statenews.com/editionsfa1196/10319 6/p I _prop. html 6/5/2003 The State News - Lansii battle over civil rights escalates - Thurs,. _, , October 31, 1996 Page 2 of 2 Fox said he believes the ordinance will fail on Election Day, although not by a large margin. Many people want to keep things the same rather than change something they don't know a lot about, he said. "It doesn't matter how accurate (MOST's message) is," Fox said. "(MOST's message is) going to be a very powerful message with undecided voters." Cheryl VanDeKerkhove, task force co -chairperson, said the group has been working for over a month to get its message out about the ordinance. Its campaign has included fliers, lawn signs, bumper stickers, and radio and TV commercials. Mayor David Hollister also will endorse the task force in a TV commercial that will air if the group can raise money to run it, VanDeKerkhove said. She said the task force has focused its energy on informing residents how to vote on each question. The task force's motto has been "Yes on One, Yes on Two" to reduce confusion, VanDeKerkhove said. MOST has distributed lawn signs and some literature to the public. It also has produced a half-hour video with Lansing City Councilmember Rick Lilly that has run once on public access TV. Bernie Meissner, MOST chairperson, said he doesn't feel the group needs to do much campaigning on the issue, and is confident the ordinance will fail on Election Day. Other groups have put out informational videos. Lansing's Human Relations Board has produced a video for Lansing residents that will air on Continental Cable channels 6 and 17 on Friday and Sunday. A third video made by the League of Women Voters, which features a task force and MOST debate, airs on cable channels 6, 17 and 28. Front Page I Cam )us I City I Sports I MS(, U I OOpinion I Online � Classified I Market Place 1 l lone All content 0 1996 The State News http://www.statenews.com/editionsfa1196/103196/Pl_prop.html 6/5/2003 CITY OF LANSING HUMAN RELATIONS AND COMMUNITY SERVICES DEPARTMENT HUMAN RELATIONS AND COMMUNITY SERVICES ADVISORY BOARD July 10, 2003 Minutes CALL TO ORDER The July meeting of the Human Relations and Community Services Advisory Board was called to order by Chairperson Monica Martinez at 6:10 p.m., 124 W. Michigan Ave., 9th Floor, City Hall, Lansing, MI. Present: Monica Martinez, Amy Hodgin Gordon Steinhauer, and Steven Willobee Absent: Cheval Breggins (excused), and Rev. Kirklin Hall (unexcused) Staff. Kip Gomoll, Deputy Director, Carol Walton, Administrative Secretary LPD Liaison: Captain Edward Forrest, Jr. Lansing Police Department (excused) Public: None APPROVAL OF AGENDA Steven Willobee moved to approve the agenda with corrections. The motion was supported by Gordon Steinhauer and carried unanimous. PUBLIC COMMENT None LPD LIAISON'S REPORT None COMMUNICATIONS (a) Youth Development Corporation June newsletter (b) Letter of resignation from Thomas Q. Wilson APPROVAL OF MINUTES Amy Hodgin moved to approve the minutes of June 5, 2003 with corrections. The motion was supported by Gordon Steinhauer and carried unanimous. Human Relations and C Zunity Services Advisory Board Minutes of July 10, 200.) Page 2 COMMITTEE REPORTS Budget/Program Committee None Policy Committee None PETITIONS/COMPLAINTS Gary Bodiford —vs- City of Lansing Parks & Recreation Department MDCR #306121 Alleged discrimination based on race - closed It was recommended that complaint information be reported on a regular basis through a summary during the Director's report. Monica will discuss this issue with Willard Walker. CHAIRPERSON'S REPORT No Report DIRECTOR'S REPORT Kip Gomoll reported that the department is in the process of routing the agency contracts for the new fiscal year. Kip reported that the Race and Diversity groups continue to meet on a regular basis and that the Contract Manager position will hopefully be filled within the next few weeks. OLD BUSINESS (a) Civil Rights Ordinance — Hold for discussion in August. (b) M.A.T.S. Report — Contact Captain Forrest directly or give any questions to Carol. (c) Status of Red Cross Homeless Issue — Capital Area Community Services has assumed this project. (d) Baker/Donora funding — Gordon suggested referring this to the Budget/Program committee. (e) Human Relations Dinner— The budget committee will work on this project. (f) Amendment of bylaws Section V. Committees, Parts A & B. The amendment would be to combine the Program and Budget and be renamed the Budget/Program committee and adopt the language under each and combine those also. Human Relations and Community Services Advisory Board Minutes of July 10, 2003 Page 3 Gordon Steinhauer moved to adopt the amendment combining the two committees into the Budget/Program committee, supported by Board member Steven Willobee. Motion carried unanimous. NEW BUSINESS (a) Annual election of officers — Deferred until August board meeting. NEXT MEETING The next meeting is scheduled for August 7, 2003, at 6:00 p.m., in the 9`" Floor Conference Room of City Hall, located at 124 W. Michigan Avenue, Lansing, Michigan. ADJOURNMENT The meeting was adjourned at 7:24 p.m. CITY OF LANSING HUMAN RELATIONS AND COMMUNITY SERVICES DEPARTMENT HUMAN RELATIONS AND COMMUNITY SERVICES ADVISORY BOARD August 7, 2003 Minutes CALL TO ORDER The August meeting of the Human Relations and Community Services Advisory Board was called to order by Chairperson Monica Martinez at 6:10 p.m., 124 W. Michigan Ave., 9th Floor, City Hall, Lansing, MI. Present: Cheval Breggins, Monica Martinez, Gordon Steinhauer, and Steven Willobee Absent: Rev. Kirklin Hall, and Amy Hodgin (unexcused) Staff: Willard Walker, Director, and Carol Walton, Administrative Secretary LPD Liaison: Captain Edward Forrest, Jr. Lansing Police Department Public: None APPROVAL OF AGENDA Steven Willobee moved to approve the agenda. The motion was supported by Cheval Breggins and carried unanimous. PUBLIC COMMENT r- - cn None G: t LPD LIAISON'S REPORT = Captain Forrest addressed questions by board members regarding the MATs reports-, COMMUNICATIONS (a) N.A.A.C.P. 38th Freedom Fund Banquet, Saturday, October 4, 2003 at the Holiday Inn South. Social Hour starts at 6:00 p.m. dinner served at 7:00 p.m. APPROVAL OF MINUTES Gordon Steinhauer moved to approve the minutes of July 10, 2003. The motion was supported by Steven Willobee and carried unanimous. Human Relations and Community Services Advisory Board Minutes of August 7, 2003 Page 2 COMMITTEE REPORTS Budtet/Program Committee Steven Willobee met on August 6, 2003 (see attached report). Steven informed the board that copies of the 2002 Year End Complaint Report booklets would be provided to the board members at the September meeting. He also reported that this committee would like to start focusing on the Human Relations annual dinner. Policy Committee None PETITIONS/COMPLAINTS None CHAIRPERSON'S REPORT No Report DIRECTOR'S REPORT Willard Walker presented a report on pending civil rights claims, and a bias crime response task force final report document. He asked that the board read through the bias crime material and be prepared to discuss the process for creating a task force. Willard stated that the City of Lansing needs to set up a bias crimes task force to address hate crimes in the community. Willard discussed the issue of the minority procurement process, city funded agencies, the Civil Rights Ordinance regarding the inclusion of sexual preference. He also reminded the board members of the Race & Diversity advisory committee meeting that was scheduled to be held on August 7, 2003. OLD BUSINESS (a) Civil Rights Ordinance — Monica will invite Cheryl VanDerKerkhove to the board meeting for informational purposes. (b) Bias Crime Task Force Report NEW BUSINESS (a) Annual election of officers MOTION: Gordon Steinhauer moved to nominate Monica Martinez for Chairperson, Cheval Breggins for Vice -Chairperson, and Steven Willobee for Secretary. This nomination was supported by Cheval Breggins and the motion carried unanimous. Human Relations and Community Services Advisory Board Minutes of August 7, 2003 Page 3 NEXT MEETING The next meeting is scheduled for September 4, 2003, at 6:00 p.m., in the 9`h Floor Conference Room of City Hall, located at 124 W. Michigan Avenue, Lansing, Michigan. ADJOURNMENT The meeting was adjourned at 7:30 p.m. Program and Budget Committee Report: August 6, 2003 Attendees: Tina Ramos, Chuck Steinber, Gordon Steinhauer, Paul Elam, Theophilis Harvey, Charles Astleford, and Steven Willobee 1) Introductions 2) General Issues Discussed a) More with Less i) Paperwork Blizzard b) Administrative Support Staff i) 9 people/ 1 vacant position c) Marketing i) Brochures ii) Fact Sheets iii) Annual Reports iv) Website (1) Maintenance/Functionality 3) Resources Provided a) HRCS Functional Chart b) HRCS Goals, Activities, and Outcomes FY 2003 c) Mayor's Budget Message FY 2003-2004 d) HRCS Organizational Chart e) Status Report for Hollister Administration FY 2002 4) Additional Resource to be Obtained a) Annual Report, Police Investigations—Bernard Brantley b) 1996 Community Needs Assessment 5) Next Meeting Program and Budget Committee Staff Contacts Chuck Steinberg csteinbe(cD-ci.lansing. mi. us Phone: (517) 483-4487 Fax: (517) 377-0078 Paul Elam pelam(a_ci.lansing.mi.us Phone: (517) 483-4269 Tina Ramos tramos _ci.lansing.mi.us Phone: (517) 483-4575 Theophilis Harvey tharvey(aD-ci.lansing.mi.us Charles Astleford astlefor msu.edu � g � N � w A g ir �o to C C G O O N f A n+ a d CD A A w n 't d�tv g c n m � o � C �r w O ry = n n C7 eo CC � e � w d ego y %i � 0 0 °,gna to H w A n 4.,w � H a � � o w g y~ w H o n� w�< A H A nm 9 $ o a w E3 N � w w M �g r� �o T� w = A= ,w �o _ w oz ao CD C ,y n o ,0 0 w a' — o N 0 0 HUMAN RELATIONS AND COMMUNITY SERVICES DEPARTMENT Citizen Assistance • Neighborhood Mediation • Resource Identification Affirmative Action Monitoring • Job reviews • Selection process reviews • Reports Community Outreach • Agency roundtable discussions • Annual Dr. Martin Luther King Jr. Program • Racial Justice Forums Equal Employment Opportunity • Sexual Harassment Complaints • Discrimination Complaints • Harassment Complaints • ADA Coordinator Police Community Relations Police Investigations Community Organization Representation • Ingham County Health Plan • Mid -Michigan Unity Coalition • Coalition Against Homelessness Tax Abatement Equal Opportunity Review ftp,crioNAL CHART HRCS Advisory Board Board of Police Commissioners Community Agency Contracts • Contract development • Outcome measurement • Contract Reporting • Technical Support • Needs Assessment Construction Monitoring • Prevailing Wage Ordinance • Equal Opportunity • Residents Fair Housing Ordinance Enforcement Grant Development • Grant Writing • Grant Oversight and Monitoring • Grant Dababase/ Technical Assistance Minority/Woman/Individual with a Disability Owned Business Program oversight Community Emergency Response Plan Coordinator for Human Service Needs Youth Programming • Mayor's Drug Free Youth Task Force • Mayor's Youth Advisory Committee • Youth Violence Prevention Coalition • Teen Court Project Over the past ten years we have built into the budget a vacancy rate for all of our positions. This vacancy rate assumes that a certain number of positions will always be open as we experience the normal staff turn -over in an organization with over 1250 employees. In some departments the vacancy rate has been equivalent to 5%, in others not. But this year, we have required that each department maintain the equivalent of a 5% vacancy rate, in addition to the normal vacancy rate attributable to staff turn -over. Department directors have worked diligently with their staff to identify positions that they can hold open for the coming year without undermining basic services. This has been difficult for all departments, and we are all grateful to city employees for stepping up to this challenge. This policy has raised the concerns of Council and the public as they have looked at the details of which positions will be held open, particularly in the police and fire departments. I would like to assure the Council and the public that we have made a commitment that in these departments, as well as in others, the vacancies will have a minimal affect on the direct citizen services that it is our responsibility to provide. As Council reviews the budget prior to their action in May, we will once again explain the rationale for and impact of the vacancies that police and fire will hold open and how they will affect direct services. After the books are closed on Fiscal Year 2003 and the State Budget is finalized, we will assess our residuals and fund balance and the full impact of state budget cuts and determine if we can fill any of the positions that are held open. I will then propose a policy to Council that will commit to restore critical positions, especially those in the areas of public safety, as quickly as we can, if it does not require further use of reserves. Operating Reductions In addition to the 5% vacancy rate, we have asked each department to reduce their operating budgets by 10% in Fiscal Year 2003 with no additional increase in FY04. This reduction also applies to our special service contracts with our Lansing lobbyist and our public information firm. These reductions will have an impact on programs and services, but again, our staff are committed to give the highest priority to essential operations. 1-3 Other Budget Reduction Strategies Our other strategies for reducing the budget for FY04 are: • prefunding retirement health care in FY03; reducing fringe accounts because of the vacancy rate; • keeping deputy director positions open in several departments; • reducing training programs; • funding the Mayor's Initiative on Race and Diversity in FY03; Sustaining Capital Improvements In spite of our budget reductions, we believe it is essential that we continue our commitment to setting 5% of our general fund dollars aside for capital improvements, including supporting the maintenance of our streets and continued, although reduced, traffic calming and sidewalk maintenance program. Our commitment to existing policies and refraining from deferring needed capital improvements will allow us to move Lansing forward. The total recommended budget for capital projects is $42 million. This includes $1 million for general infrastructure for basic maintenance and improvement, $2.7 million in Parks improvements, $9.5 million in parking and street improvements, $28.6 million in sewer improvements including sewer separation, and $344,000 in public safety for fire apparatus. Lansing's Financial Health Despite the state of the national economy, Lansing's financial health is strong. Our unemployment rate is among the lowest in the state at 3.8%. We have had a long succession of balanced budgets, maintained infrastructure improvements and have collective bargaining agreements that are based upon the rate of inflation. We have gained and maintained a strong and respected financial position with major credit rating agencies. We have a AA+ credit rating from both Fitch and Standards and Poors, and a Aa3 from Moody's. We have a Budget Stabilization Fund currently funded at $10.2 million. After we appropriate the FY04 budget, it will be at $8.1 million. Our retirement systems are strong and include pre -funding of health care. The Police and Fire Retirement System is 111.4% funded. The General Employees Retirement System is 89.6% funded. Improving Neighborhoods and Quality of Life I have made strengthening neighborhoods a major commitment of my administration. These commitments are borne out in this budget through a variety of programs. Some of them are our administrative initiatives, some are priorities of City Council. We will purchase 16 new police vehicles that will support our team police units. A new medic unit will be delivered in July (a fully equipped emergency medical care unit). Our Parks Department will improve services and programs for senior citizens and provide the same number of athletic programs, .kids camps and other summer programs they had last year. We will also continue to rebuild playgrounds and improve both neighborhood and city parks throughout the city. Our Public Service Department will introduce a refuse system pilot program which will provide a. free supply of green bags along with a 90 gallon container for any new city customer. This will both improve competitiveness with other providers and reduce litter in the neighborhoods. We will establish a special neighborhood clean-up program for those neighborhoods not covered by the Community Development Block Grant clean-up program. Using the Moores Park Neighborhood model, we will work with neighborhood groups to create special clean-up days and provide large trash containers that neighbors can use to discard items that -our refuse collection cannot pick up. We will continue our successful Neighborhood Grants that provide seed money for neighborhood improvements and set aside additional CDBG grants and other planning funds to support special projects in our Community Government endeavors. 1-5 In addition to this successful neighborhood grant program, I am happy to announce an exciting new program this year. Through the creativity of the Parks Department, we are launching the Park Challenge grant. This grant will give community groups an opportunity to raise funds for a special project and get a one-to-one match from Park Millage Funds. We will be launching this program with further announcement on the details of this grant later this spring. Recognizing the importance of the City Market and its historic role in the downtown, I am recommending some additional funds that will enable the LEPFA Board and the EDC to work together to develop micro -enterprise opportunities for new merchants at the market and to encourage new marketing strategies for the coming summer. Finally, in support of the work done by the Ad Hoc Committee on South Cedar Corridor and to advance the proposal to develop three of our major corridors, the Planning Department will contract with our Economic Development Corporation to organize plans for corridor development and provide seed money for special projects to implement short term strategies. Business and Downtown Development We must continue to support our business community and downtown to provide for quality jobs for our citizens. We will continue to work with General Motors to ensure construction of a new facility under our Act 425 agreement with Delta Township, and develop opportunities for parts suppliers in the area. And while we are working on new initiatives for neighborhoods, we cannot neglect our downtown. I will forward to you recommendations to improve downtown., With input from our local businesses, we will develop a comprehensive program to attract new. development from the private sector in coordination with further development of state offices in Lansing. At the same time we must not forget our existing building infrastructure. We have reconvened the Blue Ribbon Committee on Downtown Development and have asked that all downtown property owners join together to develop a strategy to improve downtown. 1W. I hope to announce soon a new strategy for downtown development that will keep firms downtown and recruit new businesses. Part inose this and be alll be tool a special fund for downtown development that will create for innovative efforts to fill empty buildings and shops. Council Budget Priorities The Council asked that the Administration develop next year's budget by protecting essential services, using the budget stabilization fund to prevent layoffs and use tax increases only as a last resort. We have followed Council's guidelines and have protected essential services and prevented layoffs by using the budget stabilization fund. And we have not raised taxes. In regard to sewer increases, we have maintained our plan to have a 4% increase in sewer rates starting in October. The Departments of Finance and Public Service will be developing a plan to assist low income and fixed income users by establishing a low income sewer credit, modeled on the state's home heating tax credit. We will present this plan to you later in the year. In regard to improving our ability to interface and exchange data, we are implementing a new Financial Management System which will enable us to improve our process for managing financial transactions and purchasing. This system will also enable all departmental budget staff to have accurate and up-to- date information on all their accounts. And it will facilitate preparing the budget and analyzing the need for transfers. In addition it will improve our purchasing systems and give us more complete information on city contracts. Our Purchasing Division has begun to track contracts with women and minority owned businesses. In addition, they have started to advertize for city bids in minority owned newspapers. They also participate in a purchasing consortium of local institutions (the Lansing Area Public Purchasing Group), ity College, Cooley Law School, Board of Water and including Lansing Commun Light, Ingham County, the State of Michigan and Michigan State University, in order to collectively improve opportunities for women and minority owned businesses to get contracts from government agencies. Our Human Relations and Community Services Department has launched the Mayor's Initiative on Race and Diversity. We began this historic initiative on 1-7 February 28 with a Forum keynoted by Harvard Law Professor and writer Lame Guinere. Six workshops set the stage for on-going task forces that will develop and implement strategies. Thank you, City Council, for supporting this important proj ect. We have maintained funding in the budget for seasonal code compliance personnel. In addition, through our Community Government program, we are mapping code compliance violations, including abandoned buildings. Our mapping will include over a dozen indices that will give us a comprehensive picture of each section of the City. With this information, we will be better able to coordinate intervention and assistance strategies. As Council requested, we have budgeted $75,000 for continuing traffic calming programs. We appreciate the cooperation of Council, and particularly the Public Service Committee, in building consensus with neighborhoods about traffic calming proposals. Council has asked that the police department allocate $60,000 to provide overtime fiends to address problems in zero tolerance areas. The Community Government program is designed to identify and work with neighborhoods that have special circumstances and needs. In those areas designated for Community Government intervention, we will coordinate and focus resources, including additional police resources as needed. The Community Government program will enable our officers to. continue the excellent work already done by the Department in building trust and good working relations between neighborhood organizations, citizens and team police officers. We continue to add video cameras to police vehicles. In the coming fiscal year, we will add twelve additional cameras as well as utilize new technology for storing recordings of police stops. On the issue of expediting and front -loading positions for public safety, we will make every effort to continue this practice once we determine whether our budget allows for additional hiring to reduce the 5% vacancy factor. ME In response to the Council's policies on Parks and Recreation, this budget does not reduce any staff in the Forestry Operation, so we continue our commitment to improve the tree trimming and replacement cycle. We will also purchase an additional chipper and high bucket truck that will enable our foresters to speed the cycle of trimming large trees. We have added funding to the Economic Development Corporation, as part of the Corridor Initiative, that will provide seed money for beautification projects along major corridors. Proposals for beautification will be considered as part of a comprehensive planning process that Councilmember Allen has already undertaken on South Cedar Street and that has been underway through the Physical Development Committee of the Southside Summit Process. Beautification will include upkeep .and weed control for the bricks along South Cedar Street. In addition our Planning Department, in collaboration with EDC, has begun a special corridor study program that will add information and provide for public input into corridor improvement and beautification efforts. In order to maintain park amenities, the Department has programmed millage funds for renovating restroom facilities at Westside, Bancroft, Davis and Kircher parks.. We are repairing basketball courts at Gier, Marshall and Ormond Parks, rebuilding the tennis courts at Letts Center and St. Joseph Park and improving the ballfields at Francis Park. We are replacing playground equipment at Seventh, Reola, Elm and Edmore parks. The Department is continuing its Adopt A Park program which include some of the parks where the amenities are being enhanced. And. the Department is continuing its RSVP River Trail Patrol Program in cooperation with the Police Department. We still anticipate that the South Washington Armory will be returned to the City in the foreseeable future. This facility and its outbuildings lend themselves to a community center and a service garage that could replace the Oak Park garage. Funds from the earlier effort to develop the Southside Community Center are in reserve and funds borrowed for the First Tee program are being repaid. This is the first of four installments on repayment. I will also formulate a policy for Council consideration on the use of our existing police precincts. We need to consider the pros and cons of permanent W City -owned facilities. Now is the time to evaluate and provide options for the Council prior to our current leases expiring. Turning now to the Council's priorities regarding the Public Service Department, the City will continue to invest in road repair as it has over the past seven years. I am recommending that we sustain our road improvement and repair program by budgeting $7 million for major and local roads as well as gravel roads. The Public Service Department is also beginning the process of developing a multi-year plan for sidewalk, alley and gravel road repair and installation. Needless -to -say, this year we are constrained in funding these efforts, but we can begin to identify the needs, develop a plan and begin the process. I have asked the Departments to prepare responses to Council's other items on Public Service, including the noise barrier along US -127; repairing the Pennsylvania Avenue Boulevard strip between Main and Hazel Street; rerouting left turn traffic from east bound Michigan onto Howard Street; coordinating CSO and street repair on South Washington before the 2004 R.E. Olds Celebration; installation of green arrows and traffic lights in congested intersections; installing pavement markings in newly paved areas in a more timely manner; restriping on a more frequent basis; and oversight of contractors during construction and clean- up. I have also asked our Finance Department to research the costs of installing antique lighting fixtures along several historic streets and corridors. I agree with Council's priorities for such placement and it is my plan to begin placing these . fixtures and continue the process on a yearly basis. Conclusion President Wood and Members of the City Council, the budget that I am presenting to you is austere and restrained. Department Directors and staff have carefully analyzed areas where we can hold the line on hiring staff without affecting basic services. While we recognize Council and the public will focus on our decision to keep public safety positions open, we are confident that we can provide the same level of basic public safety services as we have provided in the 1-10 past. Neither the Council nor the public need fear that their safety is being put at risk by this budget. We are fortunate that we had the foresight to build a Budget Stabilization Fund and to begin constraining expenditures over the past two years. Through this fiscally sound policy and management we are able to utilize diminish essential ls that we have set aside for a rainy day and not lay-off workers services. I am grateful that we, in the City of Lansing, have a devoted professional staff who are committed to serve our citizens. With this staff, their leadership and the good working relations between the Administration and Council, we will be able to face these difficult times with the confidence into the new fiscaat the finances of l year City are sound and our future promising. We can go forward and continue to make Lansing afamily-friendly Cty that has a "Yes, We Can" tinue to create a great attitude that will enable us to meet the challenges and con city. Sincerely, Tony Benavides Mayor of Lansing - r � 4 F'ri Si _ 4 - - 3 .ti �c..A tJa -� � .��;• .a�`��,!i:-ty"fii-xii�--r• y �:�%F" � vr� �re«`z�"x'v-£a K. i {so i`t .d V� zl— i rT--j i _ --. V Yom` m ... V :y N otes : This page is blank for presentation purposes. 1-14 Beginning Fund Balance Surplus (deficiency) of revenue and transfers in over expenditures and transfers out From (To) Budget Stabilization Fund Fund Balance Before Reserves Reserve for Workers Compensation Reserve for advance to Special Assessment Fund (Was $625K in Budget) Reserved for Human Services Reserved for Encumbrance Designated for Carry Forward Total Reserved Fund Balance Undesignated Fund Balance General Fund Analysis of Fund Balance Actual Projected FY 2002 FY 2003 $6,931,067 $6,931,067 Budgeted FY 2004 $6,931,067 141,404 0 (2,299,436) (141,404) 0 2,036,850 $6,931,067 $6,931,067 $6,668,481 ' (600,000) (600,000) (600,000) (557,416) (560,000) (560,000) (250,000) (250,000) (250,000) (588,480) (590,000) (590,000) (979,506) (980,000) (980,000) ($2,975,402) ($2,980,000) ($2,980,000) $3,955,665 $3,951,067 $3,688,481 1-15 '4:t O O N } LL I - w 0 0 D to Cl W a Z W O U W Q: O } Q 4J M M W O N d Mh LL W > G1 Ax M x pH a W 0 &L 0 w2 O 10 N r U M LL a r I. - to M V N 000 o N m M IL Lu r z Oovoov(n0oo mrn MOLOOONOOOOM OD O r QO O (O C`! q O Ot m"- nwC'' m0mMNnvv r- w m r c0 N O V O CO N O n V CA tY ('J (Dn rNnr(D V O m NO OCO V rn r m N O O r (q169 r 'T o n o a) r m 0 0 I- (D "T Orr 0000 co N(D OO W m I-NNnO ti r r V dN (O (D r r co O O N N M r N N (D N V a) r Cl CD (A (D V Ln (D O O CO W co V- a) V (n N r vi O W r 0 O (D a) r V V N V r(DO r- to ((')OO 0 V (nr oalc!(noa)rm co c0 O V N 00 (n M V CO r r 0 V N (O r O r O CO I�r (O (O (n M v IT co (o Cl) ti L(ri v rnr �� v04 o0ot coa69 no(voovv O V Ca a! a! r r N (t) O O m O (D O r(7 NO(n V O 00 r -W N V (O m O (D O co N V N N N n N r V (') N M r U] ff>69 m *i "I 000 (D (D O Cl) N VD O ( Cl) N O r M r V r 0 N V O M -7 or; C'7 O O U) n(Y)r V (O M V- V r r (0 r U') (D N O n r Cl) N (D O co (D V r Or Ca V CQ N N O 649. 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OP W o LLm D a w QUzUF-[YWZUZ U<UZUzcid wLY[YLLZO4yh0 U z ix OR Z) Q U z z O Q Q w to v) =L Q Y Y Y LL LL M Q to w a ci Q ��WF-U> }}� QQEn} zzzzm2 rrwf-F-f-g z�wH- OF-(ntYQl-JZ W 1_-Q W D D<<<mmmm wLL5-0 bC UU?o��LmC.U�t 5-Q11L2aam000xu0K01- Im O N LL F- W O D W 0 Z W G O U W N CQ G 1-19 0011 N O oco00000u Oo oorromm O m r m r N O m r <D O m m 0 10 LO m ( C cpm r t0 m O O N tN0 0 N 0 0 to O N n r r to m o m O v to to tO U) tO 1:t Q o m m aD o m Q .��Q om m tli ui d 0 m or�Nco o rivioao a rroori O N m w Q w m 'Q N .r m r O m U) m m N m O m r m N r) N m0 to Q 11 mm m r m G l7) r v � N r r] O m N r r r m r Q r) r) r m m O m N m 0 .- en N ^ m N lb 4q try O ,y E m co N N 19 ,0 mF ao Q Q m uo m 0 aam'ti E w�v mCmO J~m�Fm- 75 z Q LL u CO . mWcm[ama0 ` c E U -O � U�•mVtttCOpp' ,) mp m m m a O to O O O o tO O m tO m Q tO r O to O m rm O N r t0 m O m to Q O v o O O .p m co m r� o 0 t0 O 00 r r 0 c00 N 0 0 m c7 r r a00 N o r Co m m r m co m r In to ul co to Q c� to Z_E cli �. ao�)-Qt9O1•n o of v nco pito o ai2ro ommvi �vr "-'rm oo m m co ao cc mr C1 W W O :arm O O N r) - U) N m r m N O N a to Q m O m a( r w rj Q t9W fF O a Oi m N tp to Qrnmi Notes: This page is blank for presentation purposes. 1-20 Summary of Changes in Positions by Department FY 2000 to FY 2004 1-21 FY 2000 FY 2001 FY 2002 FY 2003 FY 2004 Council & Audit staff 7.00 7.00 8.00 8.00 8.00 Clerk -staff 6.00 6.00 6.00 6.00 6.00 Court/Prob. staff 48.00 49.00 49.00 49.00 49.00 Mayor - staff 6.00 6.00 6.00 6.00 6.00 Planning 104.00 104.00 104.00 104.00 104.00 Management Services 1.00 1.00 1.00 1.00 1.00 Bldg.Maint. 21.00 23.00 23.00 23.00 24.00 CCS 15.00 16.00 18.00 18.00 17.00 Garage 17.00 17.00 17.00 17.00 17.00 Op.Svcs. 6.00 6.00 6.00 6.00 6.00 Finance 60.00 60.75 61.75 61.75 61.75 Budget 3.00 3.00 3.00 3.00 3.00 Labor Relations 3.00 3.00 3.00 3.00 3.00 Personnel 11.00 11.00 11.00 11.00 11.00 Law 14.00 13.00 13.00 13.00 13.00 LPD grants -Law 1.00 0.00 0.00 0.00 0.00 Police 347.00 295.00 295.00 295.00 295.00 LPD grants -LPD 15.00 15.00 16.00 16.00 16.00 911 Center 0.00 54.00 54.00 54.00 54.00 Fire 235.00 235.00 235.00 235.00 235.00 Public Service 227.00 227.00 227.00 227.00 227.00 Hum. Rel'ns/CSA 10.00 11.00 11.00 11.00 11.00 Parks 94.00 92.00 92.85 92.85 92.85 Zoo 18.00 18.00 18.00 19.00 19.00 Cemetery 6.00 6.00 6.00 6.00 6.00 Golf 7.00 7.00 7.15 7.15 7.15 1 282.00 1,285.751 1,291.75 1.292.75 1292.75 1-21 1) Encumbrances. Authority is provided to reappropriate outstanding encumbered obligations at June 30, 2003, into the FY2003-2004 budget. Non capital project encumbrances which are more than 14 months old shall require Council approval. Capital Project encumbrances which are more than 26 months old shall require Council approval. 2) Budget Stabilization Fund I Park Millage Fund I Infrastructure Fund Any surplus of revenue versus expenditures at year end -FY 2003, net of planned transfers to the Infrastructure (410) Fund, or funding for the Undoing Racism program, shall be transferred to the Budget Stabilization Fund to a maximum of 10% of the final FY 2003 budget, as provided by ordinance. Any balance within the General Fund Operating portion of the Park Millage Fund shall be transferred to the Contingency account within the Park Millage (412) Fund. Administrative Transfer authority is provided for year end transfers to fund the Undoing Racism program and within the Infrastructure. (410) Fund, as provided within the Capital Improvements/Infrastructure section of this budget, for transfer to the Park Millage Fund, and for transfer to the Budget Stabilization Fund. The Administration shall provide specific notification to the City Council of such transfers. 3) I FPFA- Vacancy Factor. The operating transfer for the Lansing Entertainment and Public Facilities Authority has been reduced in anticipation of position vacancies. If vacancies do not occur, administrative authority is included to increase the operating transfer to the extent this factor is not achieved. 4) Residency Incentive. In the event that funds advanced for home purchases are returned from employees, such funds may be administratively reappropriated to the City's residency incentive program. 5) 911 Personnel. Hiring of 911 personnel in advance of anticipated vacancies, resulting in temporarily exceeding the authorized number of positions during the fiscal year, is included in the budget. 6) Labor Relations. Authority is included to transfer wage reserves to Departmental line items upon contract settlements, and to make administrative transfers to fund any arbitration costs for Act 312 eligible units. 7) Vacant/Unfunded Positions/Budget Control Transfer Authority. In regard to positions shown as vacant/unfunded within FY 2004 budget documentation, the administration may use other positions which may become vacant during the year to achieve the indicated budget savings within Departments, except that the administration shall notify the Council prior to hiring if public services will be impacted by holding alternate positions vacant. Administrative transfer authority is provided to capture estimated residual funding to Budget Control accounts: Within the Infrastructure (410) Fund, authority is provided to transfer amounts within the budget control account to estimated revenue to offset FY 2003 project savings and reductions in the General Fund operating transfer account. 8) Parks - Potter Park. Authorization is provided for the use of Potter Park gate revenue. See Infrastructure. 9) Infrastructure / Sewage / CSO.Proceeds of the 0.5 mill of General Fund property tax shall be transferred to the Sewage Fund, in entirety, to be utilized to fund the City's State Resolving Loan Fund ineligible capital costs for the Combined Sewer Overflow project and to restrain growth in sewage rates. Sewage rates shall be maintained at the scheduled 4% increase for FY 2004, subject to ongoing review of cost changes. Authorization is provided to transfer Sewage funding and State Revolving Loan Fund proceeds to expenditure accounts within the 592 Capital Projects Fund Series, and to recover residual funding from completed project segments in CSO funds to the Sewage Fund. This authority includes reappropriation of residual funds for the design phase of succeeding project segments. Authority is provided to administratively appropriate funding from the Lansing Board of Water and Light when the Board chooses to participate in infrastructure repairs which may be accomplished during the CSO project by the City contractor. Further, while .5 mill funding designation foe CSO is in effect, City's policy dedicating 4% of General Fund estimated revenue to infrastructure, is amended to provide for designation of 5%. 10) Public Service. Authority is provided to administratively transfer funding for flood control and storm sewer purposes, if such funding is necessary to address flooding or unanticipated storm sewer maintenance needs. 1-22 11) Act 51 Maior and Local Streets. Transfer authority is not limited by Departmental allocation. Administrative authority is included for appropriation of MDOT special authorization funding. Authorization is included to carry forward residual appropriations from FY 2003 Traffic Maintenance accounts for matching the ITS Signal Pre-emption Grant. Authority is included to appropriate grant proceeds and matching funds from other governmental units for this project. 12) Pa[kina SySt -me Fund, Authority is provided to administratively transfer to Capital project accounts, from operating cost accounts, to meet bid or unforeseen major maintenance cost requirements. 13) Fees. Approval is herein given to charge fees as amended, including an increase in OUIL Recovery Fees (Police), Fire Training Fees (Fire), and Ambulance Basic Transport Fee (Fire). Planning & Neighborhood Development fees are increased for Code Compliance - an increase in the second notice fee, Planning Division - fees for Site Plan Review and BZA, and Building Safety Fund - fees for Electrical, Mechanical and Plumbing permits. The Finance Department fees include new fees in the Assessor's Division for GIS Maps and Computer Data Export. Within Parks and Recreation, there are fee changes proposed for Lifetime Sports (primarily Team Fees), Special Recreation Services, Washington Ice Rink/Dome, Turner -Dodge and Fenner Nature Center programs, as well as Potter Park Admissions and Parking, and Groesbeck Golf Course. Within the Public Service Department a fee is created for new 90 gallon cart service, and Act 51 pavement cut fees are revised. 141 rants. Administrative authority is provided to accept the following grants, designations and special purpose funds and to create necessary accounts and make necessary transfers and appropriations for administration in accordance with the requirements of the grantor: - Court One Leadership Grant for National Junior Tennis League Program. - Human Relations and Community Services/ Human Service Agencies/ State and Federal Programs. Emergency Shelter and Supportive Housing grants. - Infrastructure/ Act 51 / State and Federal Programs. Intelligent Transportation Systems designation for traffic control improvements, Intelligent Transportation Systems funding for traffic pre-emption system, Critical Bridge Funding for the Pennsylvania Ave. Bridge. - Michigan Department of Natural Resources - U.S. Forest Service Urban and Community Forestry Grant. State and Federal Programs. Federal Urban STP program funding. - State and Federal Programs, pre -approved if applicable in FY04: Federal/State funding for voting machines and related costs. Project Safe Streets (new 04) State Homeland Security Grant (new 04) FEMA Supplemental Grant for Terrorism Preparedness (new 04) Asset Seizure Bulletproof Vest Partnership School Resource Strategies Local Law Enforcement Block Grant Community Oriented Policing Effort (COPE) [HUD / Lansing Housing Authority] Automobile Theft Prevention Authority (ATPA) Juvenile Accountability Incentive Block Grant (JAIBG) VOCA-CARE [crime victim Capital Area Response Effort] Operation Nightcap [a.k.a. Saturation Patrol] Click It or Ticket (Drive Michigan Safely) PA302 State Training [sworn police] PA32 State Training [911 communications] State Domestic Preparedness Alternative Fuel Grant 15) Debt Service. Authority is provided to transfer residual balances between General Obligation Bond Funds, upon completion of repayment, to meet funding needs in other General Obligation issues and to close funds. 1-23 Notes: This page is blank for presentation purposes. 1-24 SUMMARY OF SIGNIFICANT BUDGET RECOMMENDATIONS ng ons for F City departments were deductions repeacted to 'tythe FY03tion midyearreduct onncies s taken ne esponsesto the repeat d FY04. The 10% operating withdrawals of State Revenue Sharing distributions from the many local units of government. Personnel vacancies have beendesignedF004, suchmize any use will beoticeable limit d t less than 20act to % maintaining s on la strongle the City financial will utilize reserves in F position. 2) In accordance with Auditor's recommendations, the City will accrue 60 -days of revenue generated by Ordinance Fines and Costs (District Court traffic and other violations) and Ambulance Service Fees (Fire emergency medical triage and transports). These accruals represent the collected receipts in the 60 -days directly related to these services as rendered prior to June 30, 2003. Each of the accruals is estimated at $330,000 revenue (total $660,000). In accordance with policy, the Administration proposes that these revenues, and additional funding from General Fund end FY 2 03 to support the residuals oad maintental of ance program00, be transferred to the Infrastructure Fund at y 3) Full funding of $5.2 million is provided for the City's policy of committing 5% of General Fund revenue to Infrastructure. Overall Infrastructure spending will be more than $42 million, including funding of more than $7.1 million for road maintenance activities. ar ect lace and ove 4) To support technological improvements,syste.III omplehe City lll commence a te implementation ofea newJfinatncialmanagement lrand its Wide Area Network (WAN) system. human resources. system and additional resources are provided for PC replacement. Phase-out of the mainframe computing system is under consideration. anceme with 5) The City will provide $25,000 in de m micannro-enterprises entng Division e prisesbas sstanceCity throughethe hLans g n EDCto sfort new economic development and prove businesses to locate at the market. 6) The City will provide $25,000 in the Planning Division budget for corridor improvements. These funds may be used as match for a MSHDA program. 7) The City will provide $50,000 in the Parks and Recreation Millage budget for an incentive challenge match for development of special interest park projects. The match set -.aside in the Park Millage will be awarded to the group which can successfully raise matching amounts for their proposed development. 8) Funding of $50,000 is provided to assist neighborhoods with clean-ups and other special projects, in non= CDBG areas, as part of the Mayor's Community Government initiative. 9) The City will make available "convenience carts" so'ts trash while giving customers the same convenig customers. This will maintain the ence y for what you use" concept of the City's refuse removalsystem, as "trash cart" customers and reducing litter from torn bags and pest problems. 10) The City hopes to announce new funding for oPideda througgrm to h Taxourage bincrement Finance Authorusinesses to ocate in ity for Lansing in the near future. Other funding p streetscape enhancements on the 200 Block of the S. Washington Mall in the summer of 2004. This will be similar to the improvements already constructed on the 100 blocks of the North and South Washington Mall. The City will reconvene the Blue Ribbon Committee for Downtown Development to further improve the business climate in downtown Lansing. 11) Select fee increases are proposed to improve cost recovery in self funded programs. Some of these include: an increase in the basic ambulance transport fee to the levels near those surrounding local units and pavement cutsi to pay for needed replacement of the Fire Department's SCBA ai lann n tanksg and code complianan increase fortce fees; updated increases in park team fees and facility use and entrance fees; p 9 fees for life codes (building related permits) to reduce subsidies to the Building Safety Fund; and OUIL cost recovery. 1-25 Notes: This page is blank for presentation purposes. Status Report for Hollister Administration Year 2002 Note: This is an update on the progress in achieving the Goals set for 2002 prepared by the departments responsible Yeving Goal for 2003 are ine goals. For ore detail see te a separate documglghlights on the Achievements for the Year 2002." Economic Development Goals 1. Continue to work with the Lansing Regional Chamber of Commerce and Blue Ribbon Committee to bring auto suppliers to the region... 2. Continue to work with General Motors and the Blue Ribbon Committee on the development of the Lansing/Delta GM plant. Status Economic Development Corporation (EDC): Worked with GM suppliers and other businesses to prepare site and incentive packages; participated in Michigan Site Network; provided information to Lansing Regional Chamber of Commerce (LRCC) and Michigan Economic Development Corporation (MDEC). Department of Planning and Neighborhood Development (PND): Identifying available land with focus on brownfield development. EDC, PND: GM re -scheduled start-up of plant to 2006. Recommended to Tri - County Regional Planning Commission (TCRPC) to designated roads adjacent to plant as "urbanized" roads. If this proposal is approved by the state, the roads will be eligible for Act 51 funds. Law: Extension of IFEC to 6 years with GM and State Tax Commission; Amend 425 agreement consistent with time to complete facility. 1 3. Continue planning process to design and finance a Performing Arts Center downtown. Explore partnerships with Lansing Community College; Lansing School- District and Michigan State University. 4. Continue to explore plans and financing for expansion of the Lansing Center. 5. Continue to implement the recommendations of the Blue Ribbon Committee for Downtown Revitalization, including loft development. EDC; PND: Still in planning stages. Study conducted to assess future capital contribution strategies. Facility design completed. Exploring state partnership to assist in financing. EDC and Lansing Entertainment and Public Facility Authority (LEPFA): Conducting study on funding options. EDC, Management Services Administration (MSA), PND, Principal Shopping District (PSD), Public Service Department (PS): Promoted EDC Business Financing Assistance Program (BFAP); modified EDC loan program to attract commercial and retail development; promoted facade and sign improvements and loft development programs; redesigned and reconstructed 100.block of South Washington Square; developed a maintenance management plan and designed a wayfinding system; worked with other city departments on the Seward Johnson sculpture exhibit; developed a comprehensive business strategy. Implemented new Michigan Rehabilitation Code which should stimulate revitalization. See below for Boji and Triangle projects. Law: Assist EDC with extension of NEZ certificates for Spirit Development. PS: Worked with MDOT and others to plan State Capital Loop project and application for Enhancement Grant. 6. Continue to support the development of Old Town. Work with Old Town/Mainstreet Association and other partners. 7. Continue to work with state government and MEDC on downtown building projects, such as: the new Hall of Justice and other potential sites, including the Boji Projects, the Triangle site and other Riverfront Development, as well as a consolidated parking plan. EDC, MSA, PND, PSD, PND/Transportation and Parking (PND/T&P): Participating in strategic business and zoning planning with Mainstreet Association; oversees two Clean Michigan Initiative grants. Worked on special events to bring people to the Old Town area. Developed and implemented plan for permanent tie -down for festival tents. Law: Staff assisted in discussions on Comfort Station. EDC, PND, PND/T&P: Obtained over $5 million in grants and loans from MEDC to acquire land and build parking ramp to support Boji project. Negotiating agreement with state to develop Triangle property as State Police and Military Affairs Office. The developer will also build an 80 housing unit high rise north of the Ottawa Power Plant (Board of Water and Light (BWL) participating in this). Assisted State and County with traffic control and replacement parking during building projects. Law: Staffed the reworking of Cleanwater grant; worked with Michigan Building Authority on easements for Hall of Justice, vacation of Butler Street and release of Grand Tower restriction that impeded financing. V 8. Continue to work with regional groups to support the Intercity Rail Project between Lansing and Detroit. 9. Participate in Career Connections with Capital Area Michigan Works (CAMW) and other partners to strengthen career development programs. 10. Continue partnership with Michigan EDC, CAMW, Lansing Community College (LCC), General Motors and others to establish the MTECH training program in the region. 11. Continue partnership with Lansing Regional Chamber of Commerce (LRCC) in its Regional Strategic Planning process. 12. Participate in the Regional Growth Trend study with Tri -County Planning Commission. 13. Continue Brownfield Study and site development projects. EDC, PND: The forecasted ridership was not sufficient to qualify for full federal infrastructure funding, so the project scope is focused upon the Arm Arbor to Detroit segment. EDC, Mayor: Sit on Workforce Development and Career Connection Boards; co-chaired CC marketing committee to support and disseminate information and about CC goals. EDC, PND: LCC chose Delta Township site and groundbreaking was held this Fall. No active participation in this project is anticipated since the site is outside the City. EDC, Mayor, PND: Participating in Information Technology (IT) Council and Tech Connect efforts. Continues to work with LRCC Capital Choice Partnership to attract businesses. EDC, PND: Participating in Steering and Stakeholder meetings to review findings and recommendations. EDC, PND: Completed assessments and received City Council approval to allow development of five properties. In addition, facilitating development of Triangle property and the BWL Coal Storage site north of Ottawa Power Plant. Completed an inventory of 90 sites. Identified 20 `Brownfield Sites of Opportunity." Awarded an EPA grant of $835,000 for Revolving Loan Fund. Law: Provided legal staff work. 14. With the Information Technology (IT) Implementation Committee of the IT Study Committee, focus on attracting IT companies and developing IT infrastructure. EDC, Mayor, Management Services Department (MSD), PND, Public Services Department (PS): Participating in Information Technology (IT) Council and Tech Connect efforts (see above - # 11). Strengthening Neighborhoods Goals 1. Continue the city-wide Master Plan process to establish preservation and development goals for neighborhoods. 2. Develop the Boys Training School (BTS) site with partners including Eastside Neighborhood Organization, Lansing School District, Sparrow Health System and ADCO Development Corporation. Assigned To PND: Phase I of Master Plan underway—involves preparing work plans to present to City, Council and public. Passage of new Historic District Ordinance. Department assisting developers and Community Develop- ment Organizations to provide housing options consistent with the City Housing Study. The Planning Office works with the Development Office to fulfill environmental and historic review requirements for rehabilitation of homes. Law: Assisting in getting Governor's Collection project back on track. pND (planning and Development Offices): Worked with BTS Advisory Implementation Committee to develop property pursuant to plan. Selected developer and reviewed preliminary plan. Will administer land use application to implement residential phase of plan. Law: Assisted in developing agreements with new contractor—Burton-Katzman. R 3. Support Neighborhood Organization activism through programs and services such as: Neighborhood Grant program, Neighborhoods in Bloom, Neighborhood Clean-up projects, Lansing Neighborhood Council (LNC), Landlord and Neighborhood Development Committee (LAND), Network Centers Department of Human Relations and Community Services (HRCS): Assisted Mayor's Drug Free Youth Task Force to award $12,500 in community and school-based substance abuse prevention programs. Supports Network Center system. Lansing Police Department (LPD): Actively involved in neighborhood organizations, neighborhood watch programs, Network Centers, Landlord - Tenant programs. Helped develop new neighborhood organizations. Department of Parks and Recreation (Parks): Provides meeting space and programming for neighborhood meetings and displays for neighborhood events. PND: Involves neighborhoods in land use decisions. Assists in the Community Voices Summit process. Funds Neighborhood `n Bloom, annual clean-up programs and Lansing Neighborhood Council. Oversees citizen hearing process, budgeting and funding for Community Development Block Grant (CDBG) , HOME housing development and Emergency Shelter Grant programs. 3 4. Continue to participate in and work on.implementation of recommendations of the Kellogg Foundation Community Voices Healthy Community Summits 5. Continue regular meetings between City departments and neighborhoods to assure customer -oriented services. Continue to refine specific service goals with outcome measurements for end of the year reporting. HRCS: Participated in Northwest Lansing Healthy Communities Initiative (NWLHCI) and the Youth summit Advisory Committee. Parks: Participated in Promoting Active Community assessment; worked with Mid Michigan Regional Fitness Council on Walk Michigan and Fitness Days and Michigan Youth Moving Grant. PND: Financed brochure and web site development for NWLHCI. HRCS: Participated in Decentralization Committee for identifying and resolving neighborhood problems. Established staff liaisons with Councilmembers and MSA: Worked with the Parks Department to develop online registration program. Police Precincts. All human service contracts contain outcome measurements as part of reporting criteria. Law: Provides a "Housing and Neighborhood Legal Specialist to assist with problem solving. Personnel: City Personnel recruiter presents to neighborhood and community events. 7 5, continued. Continue regular meetings between City departments and neighborhoods to assure customer - oriented services. Continue to refine specific service goals with outcome measurements for end of the year reporting. Parks: Community Center Citizen Advisory Boards set goals and provide assistance. Parks Board works with neighborhood organizations on park projects. LPD: Citizen Advisory Boards for North and South Precincts. PND/Code Compliance: participated in 150 neighborhood meetings, worked with LPD, HRCS and Law to provide landlord training, and applied for federal Weed and Seed program. PND/Development: Worked with neighborhoods on fire station development, on Neighborhood Preservation Programs (NPP) and presented City housing and CDBG programs at public hearings, neighborhood and organizational meetings. Prepared and distributed housing and community development brochures. PND/Transportation: Attended 45 meetings with neighborhood groups on traffic control, traffic calming (see below), coordination and information about construction projects. PS: Assisted in 28 neighborhood clean- ups and in enforcing right-of-way violations. 0 6. Facilitate working relations between Neighborhood Organizations, School PTOs, Business Associations, Service Clubs and Religious organizations. LPD develop partnerships with local clergy to stop violence. BWL: Conducted Adopt a River Cleanup that attracted over 900 volunteers. HRCS: Worked with the Unity in Community (UIC) Coalition to inform public about diversity in community and work toward fairness and equal treatment of all peoples. Worked with South Side Youth Coalition to provide programming for youth. Participant in Cesar Chavez Commission which encourages volunteerism, activism and cooperation among diverse groups. MSA: Participate in the Young Spartan Program at Forrest View Elementary. LPD: Works with Lansing teens; building the HOPE program. Initiated an Adopt a School program. Sponsored and presented 4 community forums on racial profiling and participated in UIC. Parks: Facilitates "Neighborhood Concerts in the Park" with many community and corporate sponsors. HRCS, MSA, Parks, LPD, Fire: Organized and sponsored Remembrance Memorial Day on 9/11/02. PS: Extensive interaction with schools and community on environment and recycling, including over 120 classroom presentations, Earth Day and America Recycles Day activities, master composting classes, sale of compost bins, worm bin presentations, Electronic Recycle Day and Book Recycle Day. 9 7. Maintain Community Policing though partnerships with neighborhood organizations, City Departments and other law enforcement agencies. Provide regular crime prevention reports. Continue to train neighborhood leaders and citizens on crime mapping. Continue to provide Landlord/Tenant training. Continue and expand various volunteer programs (such as CUTT, Victim Advocates, CARE, River Trail, Police Academy and Ride -Along programs. Maintain the "Partners for Peaceful Neighborhoods" pilot program. 8. Continue City Department neighborhood outreach and communication programs such as Police Team programs, Human Relations Assessment projects, planning process and others. HRCS: Works with Teen Court program through involvement in Mayor's Drug Free Youth Task Force. Law: Provides legal advice to officers and administration regarding neighborhood issues. LPD: Continued Citizen Academy and TV Show, as well as Join the Team TV program. Strengthened Community and Team Policing, team training on neighborhood problem solving, crime mapping and use of crime prevention reports. Supports 9 volunteer programs. Sponsored Violent Toy Turn -in program. Provided intensive supervision for troubled youth between ages 10 and 14. PND/Code Compliance and Planning Offices: Presented to Landlord Association on nonconformities. BWL: Provides Electric Safety Program (presented to 123 classes and 3,400 elementary students). Fire: Provides Fire Safety and Smoke Alarm distribution programs. LPD: See above. In addition, provides landlord training, alcohol enforcement, and Adopt a School program. In addition, sponsored and presented 4 community forums on racial profiling and participated in UIC. 10 9. Continue to implement and expand Adopt a Park program and other recommendations of the Beautification Committee. Expand tree trimming program. 10. Continue to implement Neighborhood Enterprise Zone (NEZ) designations and certificates. 11. Continue home improvement and home development projects that assure quality housing in our neighborhoods. BWL: New Planet Walk plaques installed on River Trail. Parks: Continue to administer the Adopt a Park Program. Parks, PND and Public Service (PS): Assisted the Council in Beautification efforts and Ad Hoc Committees on Cedar and Martin Luther King corridors. EDC: Promote and administer NEZ for Grand Condominiums. Assisted in amending state NEZ legislation and developing new materials and training sessions. Assisted in NEZ designation for downtown loft development. Law: Assisted EDC with extension of NEZ for Spirit Development for downtown lofts. BWL: Energy Efficiency Home partnership Project. PND/Code Compliance: Conducted inspections, registered structures, wrote violations, investigated zoning complaints, developing program to focus on abandoned houses. PND/Development Office: Sponsored 15 programs that provided range of services to over 1200 households, including rehab, weatherization, new construction and home ownership. Worked with CDOs toconstruct implemented rehab 50 units of housing. fair housing program. 11 12. Institute new MSHDA pilot program to increase home ownership. 13. Expand the Lansing Home Ownership Program to more organizations and continue to encourage additional city employees to move into the city. 14. Continue traffic calming programs. 15. Continue discussions with the State and the City Council on two-way street conversions for the Capital Loop Project. 16. Implement strategic actions of downtown parking study. PND: Not implemented this year. BWL: Revamped home ownership program. Law: Drafted new lien release form. Personnel: Recruiter promotes program. 166 employees have moved into the City as result of program (69% are police officers or fire fighters). PND/Transportation: Completed one area, implemented 15% of another and held meetings in two other areas. Implementation of approved measures continues and three more areas should be completed in 2003. EDC, PND, PND/Transportation: Managed Phase II of two-way street study—feasibility of converting Grand, Capitol, Walnut, Pine, Allegan and Ottawa to two way. It is technically feasible to make these conversions. PND/Transportation has asked the state to consider converting Ottawa and Allegan to two way as part of its Capital Loop project. PND/Transportation: Implement some recommendations including painting City ramps and evaluating options for expanding parking in downtown. Ti? Families, Youth and Quality of Life Goals 1. Continue active participation in Committee for Lansing School Success (CLASS) and implementation of recommendations of Mayor's Blue Ribbon Committee for School Improvement. Work with Capital. Area Youth Alliance (CAYA) to coordinate volunteer programs in schools. 13 Status HRCS: Volunteers with students; participated in Lansing School District (LSD) Speakers Bureau and Youth Government Day. MSA: For welcome back day, developed and implemented 4`h grade Michigan history ruler for elementary school and notepads for high schools. Parks: Hosted MEAP practice site; works with LSD on outreach curriculum at Fenner Nature Center and Turner Dodge House; provides after-school tutoring at Gier Center. LPD: Screen volunteer tutors for CAYA; received a recruiting grant for minority youth; sponsored Youth Police Academy. 2. Continue to support and encourage BWL: Presented Junior community volunteer participation in public Achievement classes at Moores schools; pre-school and mentoring Park School. programs. HRCS: Initiated discussions with LSD and Michigan Youth Football League to develop a Sports Mentor- ing Program Parks: Assisted LSD in ACES program (All Children Exercises Simultaneously); supported "Walk Your Child to School Day;" 2 staff volunteer for HOSTS program; recruit parents to coach sports pro- grams; provides coaches training. 3. Continue participation with Lansing Mayor's Office: School District School District (LSD) in "Community terminated CAW when Safe Assets Work" (CAW) project. School Healthy Student grants ended. A community group is writing a grant to continue the program. 4. Continue participation in career HRCS: Funds YWCA Y-Achiever preparation and school to work programs Program to strengthen social, with LSD, Capital Area Michigan Works, leadership, lifestyle skills; Chamber of Commerce, LCC, General discussing with LSD establishment Motors, Trade Unions, Michigan Economic of National Academy of Travel and Development Corporation (MDEC), Tourism. CLASS. Parks: Started L.E.A.D. (Leadership Ethics Attitude Duty) with Gardner Middle School—provides leadership and summer playground job training. 14 4, continued: Continue participation in career preparation and school to work programs with LSD, Capital Area Michigan Works, Chamber of Commerce, LCC, General Motors, Trade Unions, Michigan Economic Development Corporation (MDEC), CLASS. 5. Establish and raise funds for the HOPE Scholarship program. 6. Work with Human Service Advisory Council (HSAC) to implement the Ready to Succeed (RTS) Blue Ribbon Committee recommendations. 7. Continue to develop our parks system in cooperation with Ingham County and other interested municipal governments- 15 PND/Planning: With LCC and LSD, advises the STAR G.I.S. program at Hill Vocational Center; assists in Micro -Enterprise Fund training for new business owners. LPD: Officers Kim and Lam work at the Asian Student Forum at LCC. BWL: Commits $15,000 each year. LPD: Leading effort to raise funds and organize HOPE programs for scholars and their families. Mayor's Office: Co -Chairs 0 to 5 Subcommittee of HSAC to implement RTS recommendations, oversee operations of state funded All Children Connected to Success grant (ACTS) and facilitate a coordinating body for County -wide early childhood programs. MSA: Assisting Parks in updating facilities. Parks: Working with Ingham County to establish cross country ski trails at Scotts Woods and Hawk Island. Cooperating on financing Ranney Skate Park. planning for extension of River Trail into Hawk Island Park. pND/plarming: Worked on Regional Recreation Committee which contributed to cooperation with Ingham County Park System. 8. Complete Ranney Skate Park, Gier HRCS: Monitored listed BMX Track and Westside Park Baseball construction projects for Facility. Install new boat launch at Cherry compliance with prevailing wage Hill. Submit grants for purchase of railroad ordinance and other labor right of way for future Rivertrail expansion. standards. Improve shoreline at Moores Park. Law: Held staff meetings regarding Renovate Hunter Park Pool. Develop First Skatepark rules. Tee Program. Develop strategic and MSA: Working on Parks marketing plans for Golf Courses to expand improvements and on designs to use and reduce General Fund subsidy. reduce operational and maintenance ZooKambi will offer sessions to special costs. needs children. Establish Family Parks: Opened Ranney Skate Park; Experience Saturdays at the Zoo. completed Phase II of Gier BMX Track; completed Cherry Hill Boat Launch; exploring routes to extend the north River Trail; submitted grant to improve Moores Park Shoreline; developing First Tee youth golf program; secured a co - liquor -license for Groesbeck Golf Course; Hunter Park Pool being evaluated. PND/Planning: Assisting Parks in River Trail expansion and in site plan review for park projects. 9. Expand after-school youth programs; HRCS: Assisted the Mayor's Drug produce city-wide youth events working Free Youth Task Force in with youth advisory committee; expand distributing $7,500 to school-based youth golf, skating and hockey programs. programs Century Grant to increase to 7 sites MSA: Working with Parks to increase reliability and longevity of ice rinks and dome 16 9, continued. Expand after-school youth programs; produce city-wide youth events working with youth advisory committee; expand youth golf, skating and hockey programs. 10. Continue to develop and expand comprehensive summer youth programs In cooperation with community partners. Parks: Worked with LSD 21S` after- school programs at elementary and middle schools, including Jeopardy Game on African American and Hispanic History. Provided no - school and half day school programming at community centers. Provided youth sports leagues. Expanded youth ice skating to include a fall season and additional lessons on Sundays. HRCS: Partnered with LSD to help fund and evaluate Southside Youth Coalition Summer Enrichment Program. Parks: Collaborated with LSD and HRCS on Southside Youth Coalition. Agreed with LSD to keep schools open later to provide playground programs after summer school. Expanded teen programs. Worked with Clayworks to provide summer ceramic program for youth. Worked with Sunrise Rotary and LCC to provide Aviation Camp at Capital City Airport- Worked with MSU Fencing' Club to offer Fencing classes for youth. Provided the L.E.A.D. program (see above). 17 11. Continue to assess community needs for educational and leisure services, as well as health care and other human service needs. Continue to develop plans and programs to address these needs. HRCS: Provided funding to keep Otto Health Clinic open. Provided funds for training volunteers to assist children in foster care. Participating in community -wide assessment and planning initiatives: Greater Lansing Homeless Resolution Network (GLHRN); Youth Violence Prevention Coalition (YVPC); Community Voices and Ingham Health Plan. Law: Provided legal representation in Wolverine Pipeline suit. Parks: Survey participants in classes and special events. Working with LSD to determine needs for additional after-school programs. PND/Planning: Community assessment is being programmed into the Master Plan process. LPD: Partner with Parks on summer programs; provide informational kiosts at precincts; continued diversion programs with youthful first time offenders; continued the Juvenile Intervention Program; developed the "Scotty the Skate Board" program on gun violence awareness and prevention. 12. Continue to provide leadership and HRCS: Facilitated development of assist implementation of Youth Violence comprehensivestrategyto adress delinquency y county. Prevention Coalition programs in with Ingham County. juvenile Applied for grants to develop a partnership system of sanction and prevention programs. Participating in a statewide advertising campaign. Ethics, Openness and Improving Government Operations and Services Goals Assigned To 1. Continue to expand educational and HRCS: Meets regularly with informational programs for schools, neighborhoods and citizens at large community groups Parks: Meeting with LSD to expand ty education programs and regarding all City programs and services. commuse of school facilities; participate in community forums. Personnel: Recruiter works with community organizations and career fairs to provide information about City job and career oppor- tunities. PND/ECD: Outreach programs with businesses, governments and education; informs community about business development incentives to fund arts and education programs. PND/ Planning Office: Participates in Young Spartan and other job shadowing programs. PS: Wastewater participates in job shadowing. 19 2. Encourage public information classes, open houses and special events to highlight City services and recognize City employees, such as Fire Department Field Day, Citizens Police Academy, Police Ride Along program, Arbor Day. 3. Work with Council staff to expand departmental information program on City TV, such as the LPD "Join the Team." Use City TV to teach citizens to do an effective job search. 20 Fire: Held Department Field Day and Open Houses. HRCS: Organized City annual Commemorative program in honor of Dr. Martin Luther King, Jr. Personnel: Recruiter outreach programs (see above); City employees participate in many community activities including United Way drive, American Cancer Society, Red Cross Blood Drives, Muscular Dystrophy. Parks: Forestry conducts annual Arbor Day program at two elementary schools and Potter Park. LPD: Screens volunteers for schools; provides student tours of Police Department; supports active community use of Precincts; provides personal safety and awareness training for Lansing agencies; developed a video on safety for the hearing impaired. PS: Wastewater provides tours of its facilities. Personnel: Uses City TV to advertize City positions. PND/Planning: exploring use of City TV for disseminating information about master planning and surveying. LPD: Produces "Join the Team" on current LPD information. 4. Computer Technology Committee work to develop and expand City government computer network system and City Website Set specific goals on how use of computers and computer training can improve efficiency and effectiveness of operations. 5. Continue to use the Website to provide citizen access to City information and services. Improve public's access to job opportunity information, including access to City employment applications. 21 Finance/Treasury: implemented new delinquent property tax, miscellaneous receivable and special assessment software. Designed, tested and implemented several enhancements to income tax software. MSA: facilitates Computer Technology Committee which has assisted in change -over to new cell phone system, is planning computer updates for coming fiscal year and working with Finance Department on new Financial Management System. MSA: full time lead web developer hired; launched pilot project with Parks to register for classes via Internet; worked with all departments to enhance their use of the internet and intranet. Parks: Developed websites for Community Centers, Fenner and Turner Dodge; placed community activities guide on website; provided two computers at Community Centers for In -Touch community information and referral system. Personnel: Uses website to market job opportunities and provide on- line applications. 5, continued. Continue to use the Website Planning/Building Safety: website to provide citizen access to City information access to office for all design and services. Improve public's access to job professionals and contractors opportunity information, including access to including links to necessary City employment applications. services for building projects and other assistance from staff; applications for all permits and reviews. Planning/Planning: Bringing the Zoning Code to public in an interactive format including the City's Zoning Map; preparing on- line applications for land use permits and fees, and will soon provide on-line Board procedures, agendas and minutes from meetings. LPD: Manages LPD website which includes Crime Mapping and other citizen -friendly and useful information; received national award from Law and Order Magazine for website. PS: Manages 7 hotlines to provide citizens immediate access to services and information. 6. Continue recruitment efforts to ensure HRCS: Through prevailing wage applicant and employee diversity, with focus monitoring, encourages contractors on City residents. and trade unions to employ City residents on City -funded construction projects. Reviews Employee selection process and conducts reviews for adherence to affirmative action and equal employment opportunity programs. 22 6, continued. Continue recruitment efforts Personnel: aggressiveontinues e efforts to ensure the to ensure applicant and employee diversity, cruitment workforce reflects the community with focus on City residents. diversity. In 2002, 67% of all new hires were protected group members and 69% were city residents. Parks: Presented at local job fairs; recruits from diverse population for summer jobs; provided the L.E.A.D. program to train potential staff (see above). LPD: Recruited at many schools, community festival and forums; implemented recruitment grant to promote Law Enforcement Careers in Lansing high schools; started recruitment program with MSU Athletic Department. 7. Continue training programs for in computer and BWL: New staff person hired as diversity administrator. Major employees areas of management skills, hiring and promotional efforts to reach out to women and policies and procedures, employee minority vendors. HRCS and Personnel: Conducted evaluation and motivation, diversity appreciation, conflict resolution, safety and employee training but sexual oe injury prevention, customer service and harassment, w kpla violence ethnic intimidation. Also quality improvement. Provide for professional training to enhance employee and worked with LPD on training for skills. new officers. Law: Assisted in City Sexual Harassment training. 23 7,continued. Continue training programs for employees in areas of computer and management skills, hiring and promotional policies and procedures, employee evaluation and motivation, diversity appreciation, conflict resolution, safety and injury prevention, customer service and quality improvement. Provide for professional training to enhance employee skills. 24 MSA: Has various training programs including computer and quality improvement training. Parks: Front line and Potter Park Zoo staff received customer service training; staff attended Michigan Recreation and Parks Association conference. Personnel: Extensive training program including: mandated health and safety topics; conflict resolution and customer service; supervisory training on evaluations, coaching effective discipline and labor relations. PND/Planning: GIS, customer service and clerical skill training. LPD: Developed computer lab training program; provided workplace violence training; all Lieutenants and Sergeants receive Supervisor/Leadership- /Management training. PS: expanding use of computers for various operations. Wastewater providing extensive computer training to staff. 8. Continue to improve labor-management relations through joint labor-management meetings using quality improvement concepts and specialized training. Work to reduce overall labor grievances by 10%. Personnel, Labor Relations and all departments: Continued joint meetings with City Unions. Helped establish the Labor -Management partnership of Mid Michigan and Collective Bargaining Institute for area high schools. Signed contract with Fire Fighters (IAFF 421) using interest based bargaining approach. Using same approach in current negotiations. Reduced grievances by 15%. Fire and LPD: continue to improve safety and health for employees. Participated in extensive emergency management training, including training in mail handling procedures. Law: Provides legal advice on Labor issues. 9. Develop a pilot well program with focuses on smoking cessation, stress reduction, chronic health conditions and healthy life styles to reduce loss time. Work to reduce number and severity of injuries with accident prevention programs. 25 Personnel and all departments: Established a pilot Wellness Program in conjunction with Sparrow Health Systems. Focuses upon healthy lifestyles. The City Lights Newsletter now has a Wellness page in each edition. 10. Continue to recognize employees through events honoring and emphasizing their services. Work with State Legislature to develop a statewide Day of Recognition for Public Employees. 26 BWL: Employees featured in series of print advertisements. Personnel: Sponsors recognition events including 20 years of service and retirement dinners, the annual family picnic, and school crossing guard and safety recognition events. Worked with the State on the Day of Recognition event. All Departments: have regular events to honor staff and board members. LPD: Developed an employee assistance program including a family emergency contact bank in - times of crisis, information packets for families whose members become activated in the armed forces and information on preparing for retirement. PS: Wastewater enrolled in Michigan Safety and Health Achievement Recognition Program. No "lost time accidents" have occurred this year. 11. Recognize volunteers who serve on Boards and Commissions and on various volunteer programs. 12. Continue to report on the traffic stop data collection system (regarding racial profiling) and on the in -car video system. 13. Report on the status of the Parks Department accreditation through the Commission for the Accreditation of Parks and Recreation Agency and National Recreation and Parks Association. 14. Proceed to explore partnership with the Michigan State University Recycling Program. 27 All Departments: Many departments include Board and Commission members in annual dinners and festivities. All Boards provide a certificate of appreciation upon member retirement. Most Boards are hosted each summer in the City's Oldsmobile Park by their respective departments. Parks: Nominated and received the state Community Service Award for the Foster Youth Advisory Board and the Friends of Turner Dodge for their contributions to the r ity. ported on the MSU second n of the Traffic Stop Data n System. MSA: Worked with Parks to improve buildings and establish long term budget and planning as part of accreditation process. Parks: Received accreditation. Finance, Law, Mayor, PS: Meeting with MSU and private vendors to discuss potential partnerships 15. Review record keeping process and Personnel: Completed a legal develop an updated and streamlined process. record review of department files and implemented changes to update and streamline process. PND/Planning: Utilizing file reduction measures in record retention. PS: Wastewater improving record keeping process by use of the Supervisory Control and Date Acquisition Program (SCADA). M] PENDING CIVIL RIGHTS CLAIMS (AS OF 08/01/03) The following civil rights claims are pending with the City of Lansing: 1. CHAPMAN, GLOVITO, v CITY OF LANSING (POLICE DEPARTMENT), received 05/16/01 (filed 05/11/01). MDCR # 265262, law enforcement, race. (grr) 2. MOEN, HEIDI v LANSING FIRE DEPARTMENT, Statement of Concern (SOC)/Complaint (04/18/03) notification dated 11/18/02. MDCR # 295952, EEOC# 23AA300812 (a) unequal terms and conditions of employment based on sex and retaliation, (b) discipline based on sea and retaliation. Notified by MDCR that they would not take a complaint 01/30/03. Complaint taken by MDCR and referred to EEOC 04/04/03. (Kip) 1 August 7, 2003 NEW CIVIL RIGHTS CLAIMS RECEIVED FY 03/04 (July 1, 2003 to June 30, 2004) 1. HELTON, LUCY v LANSING POLICE DEPARTMENT, Statement of Concern (SOC) received 07/14/03, MDCR # 307956. Other terms and conditions of law enforcement based on race. (LPD) SEE RESOLVED CLAIMS FY 03/04. 2 August 7, 2003 NEW CIVIL RIGHTS CLAIMS RECEIVED FY 02/03 (July 1, 2002 to June 30, 2003) 1. MOEN, HEIDI v LANSING FIRE DEPARTMENT, Statement of Concern (SOC) notification dated 11/18/02. MDCR # 295952 unequal terms and conditions of employment based on sea. (Kip) 2. RHODES -REED, GENICE v CITY OF LANSING, received 04/14/03, EEOC # 230A300776, employment discharge based on race. SEE RESOLVED CLAIMS FY02/03. (City Attorney's Office) 3. BODIFORD, GARY v CITY OF LANSING, MDCR Statement of Concern (SOC), received 06/23/03, MDCR # 306121, unequal terms and conditions of employment, discipline, based on race. (Kip) SEE RESOLVED CLAIMS FY02/03. 3 August 7, 2003 RESOLVED CIVIL RIGHTS CLAIMS FY 02/03 (July 1, 2002 to June 30, 2003) 1. CLEMENT, RICHARD, filed 03/27/02, MDCR # 278872, EEOC # 23AA200749R, employment, race/sex. Dismissed 07/30/02 "insufficient evidence." EEOC dismissal notice 11/30/02. (kip) 2. JAMES, EDDIE III, v LANSING FIRE DEPARTMENT, received 08/25/98 (filed 07/24/96). MDCR # 151577-EM16, EEOC #23A967823R, employment, race. DISMISSED BY MDCR 06/04/99. Insufficient grounds on which to issue a charge. (gzl). Received notice dated 11/04/99 that claimant filed a request for reconsideration pursuant to MDCR rules. Dismissed by MDCR insufficient evidence received 05/06/02. May 16, 2002 letter from MDCR advising claimant filed a request for reconsideration. Request for reconsideration denied by MDCR 09/05/02.(gzl) 3. MILZARSKI, WILLIAM, v CITY OF LANSING, notification dated 10/12/2000 (Public Service Department), USDOJ through USDOT(Federal Highway Administration) #2000-276, ADA complaint insufficient and inadequate handicapper designated parking downtown. Public Service Department sent response 01/08/01. No further information received concerning the complaint (01/02/03).(pbs dept) 4. RHODES -REED, GENICE v CITY OF LANSING, received 04/14/03, EEOC # 230A300776, employment discharge based on race. Closed 06/11/03. "EEOC unable to conclude that the information obtained establishes violations of the statutes." (City Attorney's office) 5. BODIFORD, GARY v CITY OF LANSING, MDCR Statement of Concern (SOC), received 06/23/03, MDCR # 306121, unequal terms and conditions of employment, discipline, based on race. Closed 06/30/03. Letter from MDCR indicating they will not be taking a formal complaint.(Kip) 11 August 7, 2003 Ad Hoc Committee Mechanisms to Implement the Recommendations 1. Recommend that the City of Lansing Human Relations and Community Services Director and Purchasing manager be made part of the Ad Hoc Committee. This would ensure that the Mayor's Office is directly involved in supplier diversity spending. 2. Recommend that the City look at the latest published census for the number for women and minority owned firms. 3. Recommend that the City have a conflict policy in place for city bids, etc. 4. Increase the number of qualified minority and women owned businesses in the City's vendor pool. Create and regularly update a regional minority and women owned business supplier data base/directory. a) Contract with a consultant to create and update supplier diversity list/ directory that reflects the composition of the greater Lansing economic community. b) Work with the Lansing Area Public Purchasing Group (LAPPG) I to exchange supplier diversity data and share in cost of directory development and publication. 5. Amend the City's Purchasing Ordinance to require supplier diversity. a) Require purchasing staff to solicit bids/proposals from a minimum of at least three minority and three women owned businesses in addition to other required bids. I LA -PPG consists of representatives from Lansing Community College, Board of Water and Light, State of Michigan, Michigan State University, Ingham County, and the Lansing School District c) Host "How to become a vendor supplier with the City of Lansing" workshops. d) Use the Purchasing office website to advertise bid opportunities and create an on-line vendor registration system. e) Use TV Cable station to advertise bid opportunities and provide "How to" information. fl Explore the possibility of utilizing the 211 concept currently under review by the City. 5. The City's leadership must endorse and facilitate a supplier diversity program. It is clear that without the firm commitment and oversight from the Administration and City Council, backed with sufficient resources and staff, we cannot achieve supplier diversity in Lansing. a) Each department must present a detailed report to City Council and the Mayor regarding diversity spending.2 The Administration should present a report to the Committee of the Whole on a semi-annual basis outlining the City's performance in supplier diversity and any changes or recommendations to improve said, performance. b) Require all contracts and purchase orders over $100,000 to be reviewed and approved by City Council. Information provided should include data relative to supplier diversity of all bidders. c) Create an Office for Supplier Diversity within the City of Lansing. The City of Grand Rapids has recently opened a new "Opportunity Center" which has a staff of four people and an annual budget of $400,000. The purpose of the Center is to open access to city acquisition activities and is responsible for the development and implementation of 2 Each department must critically analyze its spending, that is, not just report Tier 1 suppliers but account for Tier 2 suppliers as well. 3 V t 1 i 0 h h O 00 o_ 0 ON O 0 00 O b U N a Q s H m O s F I z IL o N 0 O 00 O O a Vi 0 O ar t�fl h N h n v O W) O 00 h N O N 00 000 V 00 vl DO M r W .-. u O o •-• c •- c 0 a 0 o O a .+ c O o O a N �O " " q '� C', .M -t O O O O N o0 O O O n O en O p O O O O O O N + N p o p o o p o o N o p o o p o �• �. o X h S O o oa O O O O O O O 00 00 O O O O O O O O O� O O 00 O O I O O 0 o O o M o o\ p\ N o o Yl o O o O N o .• N o h^ N ro o o C O O V 0l0 O h O O O N O h h O .-• M t: v I O O h h tV C V n 'T N O T M r4o ^ a m P 00 N N 0 O O O O A O 00 O O O O O O h O N j N O N N h O O N M a 0 O O O O N N O in O O N O N r h Cli N ypj 000 oro 7 N coo 00 M c V a C=) N o N.N-� O o .o\-� M n n o ^ M t O n a N O O r-: N V Vl r O h N in .N+ 000 000 M •� oo oG CA O h Yrl �--� U etiy " �Din H rn O o 3 Z y O 0z �a a�w a o Q W�3"o�4 a O OE ~ -4 U >4w 1z W w a U M H C7 O U w O U >4 P4 a a a 0 h h O 00 o_ 0 ON O 0 00 O b U N a Q s H m O s F I z IL W 0 N O m o 1 m 1 N i Y 9 m V, O" O O r ON Ol N o ^ n o m w o o N b M O O ^ ON h O � h %n M ^ 00 M C) O C.0N MO N O W W 0�0 r m ^ c .r c O o O o O o ^ o O o O o N 0 0 oNo v O OLCD O o Y) t; O o O O O O .r. fV b ^ C yn N p .. O O Cl O O O N o O o .+ o O o o O D p o V o o o p o 00 o O O o O O o O O m m O O O O O O O M D\ O O O O O ^ c p C O C O G O C N C O G ^ N o V' o vl o O o N o 10 N c o^"' p p 000/1 O O N M O .r-� N I G O v'1 P N O Od r V' O tV r .r c O o h e P o N b e O o ^ o ^ 0 0 o N o\ 00 C', o �. O O O O O� O '�t o0 O O O O O [� N N m b ^ n h h N C Ol O N ti U .moi C ^ c oc N CD. N O h M o Y CD2 M 0 O Vl O O N r N O C� v01�V r v1 O C N '7 r+ p '�! 4 wl %n 1p M m N h t m m I N m Ma, n N' ^'' p 'p\� t O� C14.-+ � h .N+ O ~ a .n M r t O h O r C, O Yl h O r m 00 NO � r O vl N v, .N+ h 00 .N-� en O '7 M a cn kn N m~r h D Ol ^ 1 1 Q F 0 F 0 0 a U z U O God z y z .H+ vii z5 a a U 5 Ri W 0� U Wav a�3 A H UW N .,w,Wv, U 0 W�a z a a wz040 U W I as ° a U E F U y C4 Q O 2 C7 W A a O a U a z � a 0 N O m o 1 m 1 N i Y 9 2 IL m 0 N N V O C') O O m O B 0 O � E, z � h 2 IL m 0 N N V O C') O O m O Bias Crime Response Task Force Final Report July 1997 COMMISSION STATE OF MICHIGAN Tim A. Attalla Evelyn L. Crane, Ed.D. Richard J. Garcia Richard D. Letts Father Robert A. Sirico Rev. Edgar L. Vann Francisco J. Villarruel JOHN ENGLER, Governor DEPARTMENT OF CIVIL RIGHTS NANETTE LEE REYNOLDS, Ed.D. Director July 9, 1997 Michigan Dept. Of Civil Right 201 N. Washington Square Victor Building, Suite 700 Lansing, MI 48913 Tel: (517) 335-3165 Fax: (517) 241-0546 This Report of the Bias Crime Response Task Force is intended to function as a source of information to assist municipalities in responding to bias crimes/incidents when they occur within a community. Bias crimes/incidents are acts motivated by prejudice and hatred, and they damage the very fabric of our society. Failure to recognize and effectively address hate crimes can cause an isolated incident to fester and explode into widespread community tension. In April 1994, Governor John Engler requested that the Michigan Civil Rights Commission and Department of Civil Rights establish the Bias Crime Response Task Force to address the problems and threats of hate crime. The task force consisted of representatives from law enforcement, civil and human rights organizations, religious and civic groups, Michigan Civil Rights Commission and Department of Civil Rights, and the Office of the Governor. Three committees were organized to focus on victim support, data collection and trend analysis, and community response. The report is a working document which provides form letters for documenting bias crimes/incidents, information on how to provide support and help to victims of bias crimes/incidents, and information on how police departments, communities and the media should respond to bias crimes/incidents. The Michigan Civil Rights Commission, through its' Bias Crime Response Task Force chaired by Commissioner Richard J. Garcia, will continue to address the recommendations in the task force report. We hope that your municipality will join with the statewide network to assist in combating hate and violence in Michigan communities. Please feel free to contact Cathy Milett at 517/335-3165 with any questions or comments you may have. Regards, '1*, Ita, ,I Evelyn L. Crane, Ed.D. Nanette Lee Reynolds, Ed.D. Chair Director BIAS CRIME RESPONSE TASK FORCE STEERING COMMITTEE Co -Chairs Dr. Evelyn L. Crane Richard H. Lobenthal Steering Committee Members Sondra L. Berlin Howard Goldberg Sondra Rawls Dr. Nanette Lee Reynolds Dr. Susan Silk Task Force Coordinator Catherine M. Milett TABLE OF CONTENTS I. Executive Summary ........................................... 1 A. Recommendations .......................................... 2 A-1. Steering Committee ................................... 2 A-2. Data Collection and Trend Analysis ........................ 4 A-3. Victim Support ..................................... 6 A-4. Community Response ................................. 10 II. Introduction .......................................... 17 A. Mission Statement ........................................ 17 B. Background .......................................... 18 C. Chronology of Activities ..................................... 19 III. Bias Crime Definition and Standing Committee Reports .................. 23 A. Bias Crime Definition ....................................... 23 B. Data Collection and Trend Analysis ............................. 25 C. Victim Support .......................................... 29 D. Community Response ...................................... 32 IV. Acknowledgments ........................................... 39 V. Bibliography .......................................... 41 VI. Appendix Governing Principles ......................................... A-1 Cooperative Agreement ........................................ B-1 Glossary of Terms .......................................... C-1 Memorandum of Understanding (Data Collection) ...................... D-1 Bias Crime Incident Form ....................................... E-1 Quarterly Bias Crime/Incident Report Summary Page .................... F-1 Ethnic Intimidation Act and Proposed Revision ...................... . G-1 Victim Support How To Help Those You Care About ...H-1 Dealing With People In Bias Crimes/Incidents ................... H-2 Coping............................................. H-3 Helping Children Cope ................................... H-4 Coping For Adults ...................................... H-5 Emotional Health Issues for Victims .......................... H-6 What You Can Do to Help After the Initial Crisis ................. H-7 Memorandum of Understanding (Community Response) ................. 1-1 Rapid Response The Network Process ............................. J-1 The Media and Bias Crimes/ Incidents ............................. K-1 Stop Program Summary ....................................... L-1 Bias Crime/Incident Resource Network Directory ..................... M-1 Memorandum of Understanding (Educational Institutions) ................ N-1 Guidelines: An Educational Institution Approach ..................... 0-1 Data Collection on Intergroup Conflict (Sample Resolution) ............... P-1 Factors Used In Identifying Bias Crimes/Incidents .................... Q-1 Models for Management .. .... . .. .. . . .. . . . .. . . . . . . . . . . . . . R-1 BIAS CRIME RESPONSE TASK FORCE I. EXECUTIVE SUMMARY In April, 1994, Governor John Engler responded to reports of increased hate and violence by requesting the Michigan Civil Rights Commission and Department of Civil Rights to establish the Bias Crime Response Task Force. The chair of the Michigan Civil Rights Commission, Sondra L. Berlin, appointed Commissioner Evelyn L. Crane and Anti -Defamation League Regional Director Richard H. Lobenthal to co-chair the task force. The task force held its first meeting on September 30, 1994, preceding an event commemorating the commission's 30th anniversary. The task force is a broad-based group representing populations victimized by bias crime/incidents, as well as agencies and government units which offer various related services. The governor listed seven objectives for the task force, which included: establishing a state- wide network to deal with hate/violence incidents; analyzing data collected from hate/violence incidents to ascertain Michigan trends, determining future educational and preventive strategies and developing appropriate evaluation tools; and working with the legislature and civil rights agencies to deal with issues raised by hate/violence incidents and their perpetrators, and to establish policies for preventive strategies. In order to address the governor's list of objectives, the task force established three standing committees. The committees were: data collection and trend analysis, chaired by Howard Goldberg of the Anti -Defamation League; victim support, chaired by Dr. Susan Silk of the Michigan Psychological Association; and community response, chaired by Sondra Rawls representing Michigan Human Relations Commissions. Each committee chair served on the Task Force Steering Committee. 1 The focus of each of the three Standing Committees, in its review of the governor's objectives, was to develop the best approach for Michigan to be more effective in combating hate crimes/incidents. The data collection committee determined that there was not an established uniform method for collecting data on hate/violence incidents. The community response committee established a need for support to municipalities in the development of a community-based bias crime response system, and the victim support committee defined a support system for victims of such crimes. The task force went on to approach its task by providing effective strategies and recommendations for Michigan communities to respond to any incidents of hate and violence. After a year of deliberation, the committees proposed a list of recommendations. Information follows these recommendations to help communities carry out a bias crime response program. RECOMMENDATIONS 1. STEERING COMMITTEE The task force recommends that: A. That the Bias Crime Response Task Force and its committees be established as a permanent entity. B. The permanent entity and its functions be subsumed under the Michigan Department of Civil Rights. (See Appendix T-1.) C. The Michigan Department of Civil Rights receives adequate resources, including expanded funding, to undertake this function. It is further recommended that the Michigan Department of Civil Rights: D. Enter into a cooperative agreement (See Appendix B) with local units of government and/or appropriate community organizations and agencies subscribing to the "Mission" of the Bias Crime Response Task Force. 2 E. Establish a partnership with the Michigan Justice Statistics Center at Michigan State University School of Criminal Justice to assist the department in the collection, analysis and interpretation of bias crime data. F. Publish an annual report reflecting the analysis and interpretation of the bias crime data. It is also recommended that: G. Public Act No. 371, Ethnic Intimidation Act (See Appendix G-1), be amended as follows: 1. Change the name of the Ethnic Intimidation Act to "Bias Crime Act" since the act covers more than "ethnic intimidation." (See Appendix G-2.) 2. Expand the coverage of the Ethnic Intimidation Act to include "actual or perceived" members of the particular groups. This would avoid a dismissal where the offender mistakenly assumed that a victim was a member of a protected group. 3. Expand the coverage of the Ethnic Intimidation Act by adding age, handicap and sexual orientation. 4. Strengthen the penalty provision for bias crime under the Ethnic Intimidation Act. �3 2. DATA COLLECTION AND TREND ANALYSIS Obtaining an accurate picture of the extent of bias crimes and incidents in Michigan is possible only through the cooperative data collection and reporting efforts of law enforcement agencies and human rights organizations. To accomplish these objectives, the task force offers the following recommendations: A. Facilitate the collection, analysis and dissemination of bias crime and incident data and fund such activities through a funded centralized and coordinated state wide operation. 1. The Department of Civil Rights should perform that function. 2. The Department of Civil Rights should work cooperatively with the state police, local law enforcement agencies, prosecutors and the courts to obtain data. 3. The Department of Civil Rights should work cooperatively with the Michigan Department of Education and any other appropriate departments of state government in its project to address bias incidents in schools and in data reporting. 4. The Department of Civil Rights should work in partnership with academic institutions and/or other entities with expertise in analyzing data. 5. The Department of Civil Rights should work to obtain data in partnership with civil rights groups. e.g., Anti -Defamation League, National Association for the Advancement of Colored People (NAACP), Triangle Foundation and community organizations whose work is dedicated to the benefit of an appropriate constituency. 4 B. Establish a Michigan Model Bias Crime/Incident Data Collection Program. 1. Enter into a memorandum of understanding with participating organizations and the Michigan Department of Civil Rights. (See Appendix D.) 2. Adopt the Bias Crime Response Task Force's definition of a bias crime. (See Appendix C.) 3. Participate in training on identifying bias crimes/incidents and on completing data collection forms. Training should be developed cooperatively with other committees of the Bias Crime Response Task Force and include appropriate law enforcement/criminal justice agencies. 4. Utilize standard data collection forms. (See Appendix E.) 5. Submit data to the Department of Civil Rights quarterly. (See Appendix F.) C. Create a bias incident database. D. Disseminate data regarding bias crimes/incidents to participating agencies, the law enforcement community, legislature, other state departments, municipalities, the media, and any other interested parties through the Bias Crime Response Task Force. Submit data to the Department of Civil Rights on a quarterly basis. A 3. VICTIM SUPPORT The victim of a bias crime/incident exists within a variety of contexts. The intention of this victim support initiative is to reduce the emotional and economic impact of bias crimes/incidents by providing effective counsel/guidance within each of three contexts. As a result, the task force offers the following recommendations: A. The victim of a bias crime/incident exists within a community and the judicial -legal system. 1. Through partnerships between state agencies and local communities, advocate on behalf of victims and advise representatives of the judicial -legal system, police and sheriffs' departments and prosecutors on the role bias crimes/incidents may play in seemingly unrelated incidents. 2. Through partnerships, promote awareness within the law enforcement community of the psychological factors, such as embarrassment, shame and/or self -blame which inhibits bias crime/incident victims' rights and expression of their needs. 3. Through partnerships, provide necessary support to victims and their families to minimize difficulties when they interact with the criminal justice system. 4. Through partnerships, recruit and train cooperating attorneys to represent victims of bias crimes/incidents in civil cases against the perpetrator(s). '.9 B. The victim of a bias crime/incident exists within a family -social network. 1. Through partnerships, identify at -risk populations and corresponding organizations that interact with these populations. 2. Through partnerships, serve in an outreach/liaison capacity with appropriate organizations to insure that bias crime/incident information reaches appropriate organizations and targeted population(s). Effective outreach/liaisons also should insure that the needs of the target population reach the Bias Crime Response Task Force. 3. Through partnerships, collect and distribute materials on bias crimes/incidents, response protocols, victim support, medical involvement, family notification (as warranted), appropriate community response, and role of the judicial - legal system. C. The victim of a bias crime/incident exists within an individual psychological context. 1. Through partnerships, disseminate statements identifying the specialized psycho -social needs of victims of bias crimes/incidents. 2. Through partnerships, promote the development of specialized community, peer and professional bias incident response counseling mechanisms to assist and empower victims of bias crimes/incidents in dealing with their emotional trauma, and the barriers that inhibit involvement within the judicial -legal system. 7 D. Proposed Strategies for Victim Support Through partnerships, judicial -legal systems, community networks, individuals and families may cooperatively promote awareness training and educational programs, identify and develop community liaisons and establish cooperative advocacy outreach as shown on the following grid. 8 Reference sheets for helping a victim cope with a bias crime/incident are included in this document. (See Appendix H.) TRAINING/EDUCATION LIAISON ADVOCACY/OUTREACH JUDICIAL •issues awareness •identify/establish key a establish registers) of: LEGAL *sensitivity to psychological needs departmental people to cooperating attorneys SYSTEM *interviewing skills serve as "bias -crime" mental health professionals -Police *diversity training specialists, to serve as trained citizen volunteers J`dges -media training links between victims - network of neighbors -Sheriffs -Prosecutors -legal training and the system. - community-based organizations -Attorneys •MLEOTC (see Appendix C) law enforcement officers mandate training in victim support to involve victims of bias crimes/ Incidents in the Basic Curriculum - mandate in the Basic Curriculum Bias Crime/Incident Identification COMMUNITY *awareness of bias crimesfincidents *identification of a key •enhance public awareness of NETWORKS •sensitivity to psychological needs of person to make incidents and impact of bias crime/ -churches bias crimefincident victims appropriate referrals incidents through: .Mosques •awareness of impact of bias crime/ *identification of a key multi -media -Synagogues -Temples incidents person to receive community outreach -Schools •provide guidance about how to bias crimefincident public relations campaign •Medcei approach a suspected victim of a information (posters, public service community -special interest bias crime/incident announcements, logos, interviews, 91O1P' etc.) INDIVIDUALS *promote distribution of •develop means to *provide peer support training and educational materiels for bias empower/encourage bias *provide training for professional FAMILIES crime victims and their support crime victims to contact mental health practitioners systems individual legal systems *encourage formation of and/or appropriate appropriate support groups community-based agencies Reference sheets for helping a victim cope with a bias crime/incident are included in this document. (See Appendix H.) 4. COMMUNITY RESPONSE The community response system within a municipality should establish a process to provide support, receive and document complaints, monitor the incidents and facilitate resolutions. To assist in the establishment of an effective community response system, it is suggested that each municipality: A. Establish a coordinating unit for receiving complaints and monitoring the law enforcement process. (Leadership development training should be considered in the designation of the coordinating unit.) B. Develop memorandum(a) of understanding with the Department of Civil Rights, and organizations in the community response system establish and clarify roles and responsibilities of all entities involved in the system. (For a sample copy of a "Memorandum of Understanding," see Appendix 1.) C. Develop a rapid response team to provide immediate support and consolation to the victim. The formation of a rapid response team is based on the belief that the local community must play an important role in combating hate activity. The team provides a communication network to and from the local coordinating unit or human rights commission, victim support, and information dissemination. (Additional information may be found in "Rapid Response," a document supplied by a national network prototype in Appendix J.) 10 D. Develop a victim support advocacy system that advocates on behalf of victims and addresses the community that may be affected by the bias crime or incident. (Additional information can be found in the "Victim Support" section of this report.) E. Designate a person or team within the local law enforcement/legal/judicial system (chief of police, sheriff, a prosecutor and/or city attorney) to be trained as the specialist(s) and serve as the contact. F. Establish a communication team, consisting of media, law enforcement/legal/judicial' system, schools and coordinating unit members. The team will develop and initiate information dissemination procedures and will provide information on community and legal actions to address the bias crime or incident. A diverse corps of volunteer leaders also could be established to assure the dissemination of accurate information within their communities. (See Appendix K for an example of guidelines.) G. Develop a mechanism for assessing information legally obtained or recorded by community-based organizations of incidents involving hate groups and/or bias crimes/incidents. First Amendment Rights must be protected in gathering of bias crime/incident data. (Additional information may be found in the Data Collection section of this report.) 11 H. Develop a process for addressing offenders based on age of perpetrator and severity of the incident. Emphasis should be placed on education, especially when incidents involve youth. Alternatives to the criminal justice system should be available, if possible. When appropriate, sentences or corrective action should include mandatory counseling for youth and parents. (An example of a program designed to educate and counsel young people apprehended for committing acts motivated by bias or by hate, the "STOP" program, can be found in Appendix L.) COMMUNITY PREVENTION STRATEGIES Municipalities may employ community prevention strategies to aid in educating and training all sectors of the community. This process should include training in the elements of bias crimes/incidents, addressing issues of suspected and verified bias crimes/incidents, and establishing cross-cultural interactive activities. Education is essential to ensure that communities are well prepared and can respond appropriately to any level of incident. Recommendations to prevent bias crimes/incidents within the community: A. Conduct educational workshops and forums on the elements of bias crimes/incidents and identify community resources. (Additional information can be found in the "Bias Crime/Incident Resource Network Directory." See Appendix M.) 12 B. Develop programs in partnership with businesses, appropriate civic groups, agencies, organizations and educational institutions to assist in the formation of a speakers bureau. C. Develop educational materials for community groups and organizations. D. Develop alliances with the existing community partnerships, comprised of local leaders, organizations, agencies and individuals to develop appropriate strategies for a unified attack against bias crimes and incidents. E. Provide training to human relations organizations and community leaders and their staff on cultural diversity and how to reduce and respond to bias crime/incidents. F. Develop a plan for responding to the media. G. Generate a directory of community programs that promote cross-cultural interaction and harmony. Language and accessibility needs within the community will be considered. Recommendations for educational institutions: A. Establish a bias crime/incident identification and response policy to clarify roles and responsibilities between the school system and the community's bias crime/incident coordinating unit or human rights commission. (See Appendix N for a sample "Memorandum of Understanding.") 13 B. Develop a plan for responding to bias crimes/incidents within the educational system. (Additional information is available in "Guidelines for Bias Crimes/Incidents: An Educational Institution's Approach." See Appendix 0.) C. Develop program policies and procedure for addressing and reducing bias motivated activities within the educational system. Emphasis should be placed on education, especially when incidents involve youth. Alternatives to the criminal justice system should be available, if possible. When appropriate, sentences or corrective action should include mandatory counseling for youth and parents. (An example of a program designed to educate and counsel young people apprehended for committing acts motivated by bias or by hate, the "STOP" program, can be found in Appendix L.) D. Establish data collection and reporting procedures. (See Appendix P for a sample resolution on "Data Collection on Bias Crimes/Incidents and Intergroup Conflicts." To obtain current reporting forms, contact the Office of Enrichment and Community Services within the Michigan Department of Education.) 14 E. Provide training on cultural diversity and bias crime/incident prevention for the administration, staff, students and parents within educational institutions. Recommendations relating to the legal judicial system: A. Encourage the legal -judicial system to implement training for all law enforcement personnel. Training should include identification of hate crimes, appropriate questions to ask victims and community support resources for victims. (Additional information is available in "Factors Used in Identifying Bias Crimes/Incidents" in Appendix Q.) B. Develop training for the legal -judicial system to assist in appropriate bias crime case development and to ensure a sensitive response to victims and the community affected by the crime or incident. (Additional information can be found in "Models for Management" in Appendix R and "Memorandum of Understanding" in Appendix N.) Recommendations for state agencies and the legislature: A. Develop and maintain updated directories of successful community-based training programs. B. Require the inclusion of bias crime/incident identification and first officer response training, with emphasis on providing assistance to the individual and group victim(s), in the Michigan Law 15 Enforcement Officers Training Council's (MLEOTC) Mandatory Basic Curriculum. C. Develop a speaker's bureau to provide trainers to assist communities in developing response strategies and training systems. D. Circulate informational materials, considering the language needs within the community. 16 REPORT OF THE BIAS CRIME RESPONSE TASK FORCE TO THE MICHIGAN CIVIL RIGHTS COMMISSION II. INTRODUCTION The Michigan Civil Rights Commission and Department of Civil Rights, well aware of the rise in bias crimes and incidents in Michigan, issued a statement in November, 1990, denouncing acts of hate and violence. "The Michigan Civil Rights Commission condemned acts of hatred, intimidation and violence which manifest prejudice based on race, religion, ethnicity, gender, handicap status or sexual orientation. Verbal and physical attacks on persons and property violate the civil rights of victims, weaken the moral character of communities and undermine the legal instruments of this state which guarantee equality and freedom to everyone. The Commission urges the state and all of its political subdivisions to publicly denounce every act of hatred and hostility against minorities, women and people with disabilities, and conscientiously report any such conduct to law enforcement agencies. The Commission further urges government at every level to diligently investigate all reports of such conduct and vigorously enforce the laws against its perpetrators, to ensure that the people of Michigan can live in an environment, free from intimidation, violence and prejudice. " Before and since the issuance of that statement, the Commission and Department have been actively involved in addressing and combating these crimes and incidents. A. MISSION STATEMENT Bias crimes/incidents are acts motivated by prejudice and hatred. These acts affect the fundamental rights of the victim, as well as the group of which the victim is a member or is perceived to be a member. These are acts of terrorism designed to produce feelings of being violated, depersonalized, and isolated and deprive individuals of their sense of security and self-worth. Bias crimes/incidents pose a unique danger to our society. In Michigan, where diversity is regarded as one of our greatest strengths, these acts undermine the very fabric of our pluralistic society and diminish our collective strength. 17 Bias crimes/incidents cannot be ignored, will not be condoned, and must be vigorously prosecuted. B. BACKGROUND In April, 1994, increased reports of hate crimes and violence prompted Governor John Engler to request the assistance of Civil Rights Director Nanette Lee Reynolds and the Civil Rights Commission in developing a state-wide effort to combat hate and violence within Michigan communities. The governor wrote: "Hate crimes are occurring in communities throughout our country. These acts have raised tensions and increased the potential for violence. Unfortunately, events in Michigan mirror the nation. Not only have these crimes led to loss of life and injury, but also to extensive damage of individual and institutional property. These incidents have divided communities and undermined neighborhood stability. " The Commission responded immediately to the governor's charge. At the April, 1994 Commission meeting, Chairperson Sondra L. Berlin appointed Commissioner Evelyn L. Crane and Richard H. Lobenthal, regional director for the Anti -Defamation League, to co-chair the Bias Crime Response Task Force and provide leadership for this effort. This task force was charged by the governor with: 1. Identifying agencies and organizations currently intervening in hate/violence incidents and establishing their interest in collaborative efforts. 2. Establishing a state-wide network to deal with hate/violence incidents. 3. Holding state-wide or regional conferences for community members. 4. Providing other necessary technical assistance on reporting and responding to hate/violence incidents. 5. Identifying trends, educational and preventive strategies, and evaluation tools used by other agencies around the country. 18 6. Analyzing data collected from the hate/violence incidents to ascertain Michigan trends, determining future educational and preventive strategies, and developing appropriate evaluation tools. 7. Working with the Legislature and civil rights agencies to deal with issues raised by hate/violence incidents and their perpetrators and establishing policy for preventive strategies to combat the phenomenon. The task force has been committed to working together to accomplish these tasks to enhance the right of every person in this state to be free from violence and intimidation. C. CHRONOLOGY OF ACTIVITIES On May 10, 1994, the first planning meeting was convened by the task force co-chairs. During that and several subsequent meetings, the co-chairs, with the Department director and staff, prepared a list of prospective task force organizations and drafted the Governing Principles for the Bias Crime Response Task Force (See Appendix A). It was determined that certain committees would be established: Community Response and Technical Assistance, Training and Prevention Strategies, Victim Support, and Data Collection and Trend Analysis', and each task force member would be assigned to a committee. A steering committee, comprised of the co-chairs, standing committee chairs, Commission chair and Department director was also formed. At its September 22, 1994 meeting, the Commission approved the Bias Crime Response Task Force's membership and its governing principles. The community-based task force is comprised of victim advocate organizations and other representative groups that intervene when bias crimes/incidents occur. The first general meeting of the task force was held on September 30, 1994, in conjunction with the 30th anniversary of the Commission. Governor Engler, along with representatives from more than 30 organizations, including law enforcement, civil and human rights groups, 'Subsequently, the functions of training and prevention strategies were merged into the Community Response Standing Committee and the number of standing committees was reduced to three. 19 local civic and church groups, and educational institutions participated in that meeting. Following the plenary session, the standing committees met and were charged with developing a mission statement and a plan of action, with recommendations, for responding to bias crimes and incidents in Michigan communities. The standing committees have defined their missions as follows: Data Collection and Trend Analysis: Enable both public and private sector organizations collecting bias crime statistics to achieve accurate and uniform data collection in compliance with applicable law. Obtain analysis and make recommendations to the task force regarding those statistics, and make the results available for dissemination. Victim Support: Define the full spectrum of needs for victims of bias crimes/incidents. Develop and provide guidance in the implementation of support systems for such victims at the state level and in partnership with communities throughout Michigan. Community Response: Provide support to municipalities in the development of a community-based bias crime response system through education, technical assistance and preventive strategies. The Community Response Standing Committee is chaired by Sondra Rawls, executive director for the City of Flint Human Relations Department. Jacqueline Hall -Keith, Department director of the Office of Legal Affairs, and Jorge Rivas, Grand Rapids district executive in the Office of Community Services, serve as staff liaison. The Data Collection and Trend Analysis Standing Committee chair is Howard Goldberg, who represents the Anti -Defamation League. Ellen McCarthy, the Department's director of research, is the staff liaison. The Victim Support Standing Committee chair is Dr. Susan Silk, who represents the Michigan Psychological Association. Frederick Gruber, case counsel to the Civil Rights Commission, serves as the staff liaison. The standing committees and Steering Committee convened regular meetings. On March 8, 1995, committee members, along with liaison staff, attended a one -day training and technical assistance program held at Lansing Community College. This meeting gave committee members the opportunity to network with nationally recognized civil rights 20 professionals at the forefront of similar initiatives in other states. Invitations were extended to representatives from the governor's office, legislators, and other local groups with similar interests. A discussion panel featured: Michael Sandberg, Midwest civil rights director of the Anti Defamation League, Chicago; Elizabeth Shuman -Moore, attorney and director of Project to Combat Bias Violence of the Chicago Lawyers' Committee for Civil Rights; and Elyse Rothschild, community relations specialist for Montgomery County (Maryland) Office of Human Relations Commission. This program proved very helpful to the committees in conceptualizing and carrying out their responsibilities. The standing committees have also prepared plans of action and recommendations, which were presented at a Steering Committee meeting on August 15, 1995. They were then compiled into a comprehensive report which was prepared for the task force to review. In addition, the standing committees jointly prepared a cooperative agreement that would establish a working relationship with local communities (See Appendix B). Other memoranda of understanding was also developed to provide more detailed working relationships. These memorandas relate to the work of each committee, are referenced later in this report and appear in the corresponding color coded sections in the appendix. On October 2, 1995, the task force again convened to review the recommendations of the standing committees. Following this meeting each member organization participated in a comprehensive review of the document within its respective organization or agency. To finalize this review process, documentation of support for the report and its recommendations was provided to the task force. 21 22 III. BIAS CRIME DEFINITION AND STANDING COMMITTEES REPORTS For purposes of this task force, the following definition was used: A. BIAS CRIME DEFINITION Bias crime is any act of intimidation, harassment, physical force, or threat of physical force directed against any person, or family, or their property, or advocate, motivated either in whole or in part by hostility because of race, color, ethnic background, national origin, religion, sex, age, disability, or sexual orientation, real or perceived, with the intention of causing fear or intimidation, or of deterring the free exercise or enjoyment of any rights or privileges secured by the Constitution or laws of the United States or the state of Michigan whether or not performed under color of law. (A glossary of terms is found in Appendix C.) 23 24 B. DATA COLLECTION AND TREND ANALYSIS INTRODUCTION The need to collect and report data on bias/hate crimes cannot be overemphasized. In Michigan, bias incidents/hate crimes have included murder, physical/verbal assaults, bomb threats, vandalism and destruction of property, distribution of hate literature, sexual harassment and other forms of bigoted expression. The victims have been migrant workers and their families, interracial families, senior citizens, homosexuals, persons with disabilities, students, women, racial, religious and ethnic minorities and people with or perceived to have AIDS or to be HIV infected. Unfortunately, bias/hate crimes and incidents are neither universally recognized, nor identified. In 1988, the Michigan Civil Rights Commission and Department of Civil Rights staff observed that in far too many cases, cross burnings were still recorded as malicious mischief; vandalism is treated as a dispute between neighbors; and, in some Michigan cities, people naively believe that their community is exempt from the kind of extreme prejudice and hatred which provoke such incidents. Despite the enactment of federal and state laws relating to the collection and compilation of bias/hate crimes, data is not being consistently reported or utilized. Moreover, many bias crimes and incidents are not even reported to law enforcement agencies. In addition, many bias incidents, which do not rise to the level of a crime, but may be indicative of problems within a community, are also unreported. An initial activity of the Data Collection Committee was to survey participating organizations of the Bias Crime Response Task Force and the human relations commissions in the state to determine their data collection activities. The committee found that only a few organizations engaged in formal data collection and there was no uniformity in collecting or reporting data. It was also found that there is no central agency in Michigan that collects, analyzes and reports data on criminal and non -criminal bias incidents. 25 RECOMMENDATIONS Obtaining an accurate picture of the extent of bias crimes and incidents in Michigan is possible only through the cooperative data collection and reporting efforts of law enforcement agencies and human rights organizations. To accomplish these objectives, the task force offers the following recommendations: A. Facilitate the collection, analysis and dissemination of bias crime and incident data and fund such activities through a centralized and coordinated state-wide operation. 1. The Department of Civil Rights should perform that function. 2. The Department of Civil Rights should work cooperatively with the state police, local law enforcement agencies, prosecutors and the courts to obtain data. 3. The Department of Civil Rights should work cooperatively with the Michigan Department of Education in its project to address bias incidents in schools and in data reporting. 4. The Department of Civil Rights should work in partnership with academic institutions and/or other entities with expertise in analyzing data. 5. The Department of Civil Rights should work to obtain data in partnership with civil rights groups. e.g., Anti -Defamation League, National Assocation for the Advancement of Colored People (NAACP), Triangle Foundadtionand community organizations whose work is dedicated to the benefit of an appropriate constituencey. B. Establish a Michigan Model Bias Crime/Incident Data Collection Program. 1. Enter into a memorandum of understanding with participating organizations and the Michigan Department of Civil Rights. (See Appendix D.) 2. Adopt the Bias Crime Response Task Force's definition of a bias crime/incident. (See Appendix C.) 26 3. Participate in training on identifying bias crimes/incidents and on completing data collection forms. Training should be developed cooperatively with other committees of the Bias Crime Response Task Force and include appropriate law enforcement/criminal justice agencies. 4. Utilize standard data collection forms. (See Appendix E.) 5. Submit data to the Department of Civil Rights on a quarterly basis. (See Appendix F.) C. Create a bias incident database and investigate the possibility of electronic transmission of data from participating agencies to its bias incident database. D. Disseminate data regarding bias crimes/incidents to participating agencies, the law enforcement community, legislature, other state departments, municipalities, the media, and any other interested parties through the Department of Civil Rights Bias Crime Response Task Force. Submit data to the Michigan Department of Civil Rights on a quarterly basis. 27 C. VICTIM SUPPORT INTRODUCTION The task force, through its Victim Support Standing Committee, is committed to defining the full spectrum of needs for victims of bias crimes/incidents. It is also committed to providing guidance for bias crime/incident victims through the implementation of support systems and partnerships with state agencies and local communities. RECOMMENDATIONS The victim of a bias crime/incident exists within a variety of contexts. The intention of this victim support initiative is to reduce the emotional and economic impact of bias crimes/incidents by providing effective counseling /guidance within each of three contexts. The task force offers the following recommendations: 0 The victim of a bias crime/incident exists within a community and the judicial -legal system. 1. Through partnerships between state agencies and local communities, advocate on behalf of victims and advise representatives of the judicial -legal system, police and sheriffs' departments and prosecutors on the role bias crimes/incidents may play in seemingly unrelated incidents. 2. Through partnerships, promote awareness within the law enforcement community as of the psychological factors, such as embarrassment, shame and/or self -blame that inhibits bias crime/incident victims' rights and expression of their needs. 3. Through partnerships, provide necessary support to victims and their families in an effort to minimize difficulties when they interact with the criminal justice system. 4. Through partnerships, recruit and train cooperating attorneys to represent victims of bias crimes/incidents in civil cases against the perpetrator(s). A copy of the Ethnic Intimidation Act is found in Appendix G. 29 B. The victim of a bias crime/incident exists within a family -social network. 1. Through partnerships, identify at -risk populations and corresponding organizations that interact with these populations. 2. Through partnerships, serve in an outreach/liaison capacity with appropriate organizations to insure that bias crime/incident information reaches appropriate organizations and targeted population(s). Effective outreach/liaisons also should insure that the needs of the target population reach the Bias Crime Response Task Force. 3. Through partnerships, collect and distribute materials on bias crimes/incidents, response protocols, victim support, medical involvement, family notification (as warranted), appropriate community response, and role of the judicial -legal system. C. The victim of a bias crime/incident exists within an individual psychological context. 1. Through partnerships, disseminate statements identifying the specialized psycho -social needs of victims of bias crimes/incidents. 2. Through partnerships, promote the development of specialized community, peer and professional bias incident response counseling mechanisms to assist and empower victims of bias crimes/incidents in dealing with their emotional trauma, and the barriers which inhibit involvement within the judicial -legal system. D. Proposed Strategies for Victim Support Through partnerships, judicial -legal system, community networks, individuals and families may cooperatively promote awareness training and educational programs, identify and develop community liaisons and establish cooperative advocacy outreach, as shown on the following grid. 30 crime/incident are included in this TRAINING/EDUCATION LIAISON ADVOCACY/OUTREACH JUDICIAL- •issues awareness -identify/establish key a establish register(s) of: LEGAL SYSTEM *sensitivity to psychological needs departmental people to cooperating attorneys *interviewing skills serve as "bias -crime" mental health -Police .Judi *diversity training specialists, to serve as - trained citizen volunteers •sheriffs -prosecutors •media training links between victims - network of neighbors .Attorneys *legal training and the system - community-based organizations eMLEOTC (see Appendix C) mandate training in victim support to involve victims of bias crimes/ incidents in the Basic Curriculum mandate in the Basic Curriculum Bias Crime/Incident Identification law enforcement officers COMMUNITY *awareness of bias crimesfincidents •identification of a key •enhance public awareness of NETWORKS •sensitivity to psychological needs of person to make incidents and impact of bias crime/ •churchm bias crime/incident victims appropriate referrals incidents through: -Mosques •awareness of impact of bias crime/ •identification of a key - multi -media - Synagog --Temples incidents person to receive - community outreach -Schools *provide guidance about how to bias crime/incident public relations campaign -Medical commtrtiry approach a suspected victim of a information (posters, public service -Special interest groom bias crime/incident announcements, logos, interviews, etc.) INDIVIDUALS *promote distribution of •develop means to •provide peer support training and educational materials for bias empower/encourage bias •provide training for professional FAMILIES crime victims and their support crime victims to contact mental health practitioners systems individual legal systems *encourage formation of and/or appropriate community-based agencies appropriate support groups crime/incident are included in this D. COMMUNITY RESPONSE INTRODUCTION A bias crime/incident impacts the community as well as the victim. It calls into question the community's ability to protect its citizens and their property. It undermines the community's safety, image and sense of security. When a hate group comes to a community, even where there is no criminal intent, the impact is traumatic and intimidating on the targeted minority groups and individuals. Anger is generally the first emotion to grip a community when a bias crime or incident occurs. A mechanism to channel this anger should be among the priorities. Special emphasis should be made to reassure the victim and/or members of the victim's group that those responsible do not speak for the entire community. This section serves as a guide for local units of government intent on preventing and responding to all forms of hate activity to develop a community-based bias crime/incident response and prevention system. It is designed to assist in establishing a coordinating unit which will identify, define and facilitate the role of agencies and organizations addressing bias crimes/incidents. In developing an effective response system, it will be necessary to identify all organizations, agencies and community activists with an interest in addressing bias crimes/incidents. Contacts should be made with the legal/judicial system (law enforcement, prosecutors, judges), civil rights/human relations commissions, ethnic organizations, religious institutions, educational institutions, and other appropriate community coalitions. Response systems also should be developed within local public and private school systems and colleges and universities. Partnerships should be formed with the general coordinating unit to ensure that a complete profile of the community is maintained and data collection is completed. Through these partnerships community response teams and communities will alert each other of bias crime/incident activity. Some components of a response system may require resources not immediately available to the communities. It is essential for 33 communities to prioritize the implementation of the response system in a manner that will be consistent with their respective sizes and resources. COMMUNITY RESPONSE SYSTEM Bias crimes or incidents may be categorized as primary or secondary. Primary incidents involve crimes of an assaultive nature, such as an attack by one person upon another. Secondary incidents involve crimes in which there is no specific victim, such as graffiti, vandalism or posting of signs. Heightened sensitivity to even the lawful activity of hate groups in a community is useful information to members of a community response network. In no instance, however, should such information be recorded, maintained, or used by law enforcement personnel to implicate persons who have not and are not engaging in criminal activity. RECOMMENDATIONS The community response system within a municipality should establish a process to provide support, receive and document complaints, monitor the incidents and facilitate resolutions. To assist in the establishment of an effective community response system, it is suggested that each municipality: A. Establish a coordinating unit for receiving complaints and monitoring the law enforcement process. (Leadership development training should be considered in the designation of the coordinating unit.) B. Develop memorandum(a) of understanding with the Department of Civil Rights or other organizations in the community response system to establish and clarify roles and responsibilities of all entities involved in the system. (For a sample copy of a Memorandum of Understanding see Appendix I.) C. Develop a rapid response team to provide immediate support and consolation to the victim. The formation of a rapid response team is based on the belief that the local community must play an important role in combating hate activity. The team provides 34 a communication network to and from the local coordinating unit or human rights commission, victim support, and information dissemination. (Additional information may be found in "Rapid Response," a document supplied by a national network prototype in Appendix J). D. Develop a victim support advocacy system that advocates on behalf of victims and addresses the community that may be affected by the bias crime or incident. (Additional information can be found in the "Victim Support" section of this report.) E. Designate a person or team within the local law enforcement/legal/judicial system (chief of police, sheriff, a prosecutor and/or city attorney) to be trained as specialist(s) and serve as the contact. F. Establish a communication team, comprised of media, law enforcement/legal/judicial system, schools and coordinating unit members. The team will develop and initiate information dissemination procedures and will provide information on community and legal actions to address the bias crime or incident. A diverse corps of volunteer leaders also could be established to assure the dissemination of accurate information within their communities. (See Appendix K for an example of guidelines.) G. Develop a mechanism for assessing information legally obtained or recorded by community-based organizations of incidents involving hate groups and/or bias crimes/incidents. First Amendment rights must be protected in gathering of crime incident data. (Additional information may be found in the Community Response Section of this report.) H. Develop a process for dealing with offenders taking into consideration the age of the perpetrator and the severity of the incident. Emphasis should be placed on education, but especially when incidents involve youth. Alternatives to the criminal justice system should be available, if possible. When appropriate, sentences or corrective action should include mandatory counseling for youth and parents. 35 (An example of a program designed to educate and counsel young people apprehended for committing acts motivated by bias or by hate, the "STOP" program, can be found in Appendix L.) COMMUNITY PREVENTION STRATEGIES Municipalities may employ community prevention strategies to aid in educating and training all sectors of the community. This process should include training in the elements of bias crimes/incidents, addressing issues of suspected and verified bias crimes/incidents, and establishing cross-cultural interactive activities. Education is essentially to ensure that communities are well prepared and can respond appropriately to any level of incident. Recommendations to prevent bias crimes/incidents within the community: A. Conduct educational workshops and forums on the elements of bias crimes/incidents and identify community resources. (Additional information can be found in the "Bias Crime/Incident Resource Network Directory." See Appendix M.) B. Develop programs in partnership with businesses, appropriate civic groups, agency, organizations and educational institutions to assist in the formation of a speakers bureau. C. Develop educational materials for community groups and organizations. D. Develop an alliance with the existing community partnerships, consisting of local leaders, organizations, agencies and individuals to establish a unified attack against bias crimes and incidents. E. Provide training to organizations and community leaders and their staff on cultural diversity and how to reduce bias crime incidents. F. Develop a plan for responding to the media. 36 G. Generate a directory of community programs that promote cross-cultural interaction and harmony. Language and accessibility needs within the community will be considered. Recommendations for educational institutions: A. Establish a bias crime/incident identification and response policy to clarify roles and responsibilities between the school system and the community's bias crime/incident coordinating unit or human rights commission. (See Appendix N for a sample "Memorandum of Understanding.") B. Develop a plan for responding to bias crimes/incidents within the educational system. (Additional information is available in "Guidelines for Bias Crimes/Incidents: An Educational Institution's Approach." See Appendix O.) C. Develop program policies and procedure for addressing and reducing bias motivated activities within the educational system. Emphasis should be placed on education, especially when incidents involve youth. Alternatives to the criminal justice system should be available, if possible. When appropriate sentences or corrective action should include mandatory counseling for youth and parents. (An example of a program designed to educate and counsel young people apprehended for committing acts motivated by bias or by hate, the "STOP" program, can be found in Appendix L.) D. Establish data collection and reporting procedures. (See Appendix P for a sample resolution on "Data Collection on Bias Crimes/Incidents And Intergroup Conflicts." To obtain current reporting forms, contact the Office of Enrichment and Community Services within the Michigan Department of Education.) E. Provide training in cultural diversity and bias crime/incident prevention for the administration, staff, students and parents within educational institutions. 37 Recommendations relating to the legal judicial system: A. Encourage the legal -judicial system to implement training for all law enforcement personnel. Training should include identification of hate crimes, appropriate questions for victims and community resources support for victims. (Additional information is available in "Factors Used In Identifying Bias Crimes/Incidents" in Appendix Q.) B. Develop training for the legal -judicial system to assist in appropriate bias crime case development and to ensure a sensitive response to victims and the community affected by the crime or incident. (Additional information can be found in "Models for Management" in Appendix R and "Memorandum of Understanding" in Appendix N.) Recommendations for state agencies and the legislature: A. Develop and maintain updated directories of successful community-based training programs. B. Require the inclusion of bias crime/incident identification in the mandatory training curriculum and first officer response training in the Michigan Law Enforcement Officers Training Council's (MLEOTC). C. Develop a speakers bureau to provide trainers to assist communities in developing response strategies and training systems. D. Circulate informational materials, considering language and accessibility needs within the community 38 Acknowledgments On September 30, 1994, more than 35 state and local agencies and organizations met to form a partnership with the Michigan Civil Rights Commission to address the rise of hate crimes. The task force began its mission by focusing and setting forth specific actions to be initiated by communities when incidents of hate and violence occur in Michigan communities. It is with sincere gratitude that the Commission acknowledges all who have responded and contributed time, resources and technical assistance in the preparation of this document. In particular, the Task Force Steering Committee is deeply appreciative of the quiet and effective leadership demonstrated by Catherine Milett. Her diligence and commitmentas BCRTF coordinator ensured overall success of this initiative through attention to every importat detail. The Task Force Steering Committee is also grateful to the following MDCR staff members for the technical assistance and oversight provided in the preparation of this document and to the three standing committees. Joan Blair, Office of Legal Affairs Janet Cooper, Deputy Director Louis Green, Deputy Director Frederick Gruber, Commission Case Counsel Jacqueline Hall -Keith, Office of Legal Affairs James Horn, Office of Public Information Ellen McCarthy, Research Division Rachel Nusser, Publication Office Diana Reedy, Clerical Support Nanette Lee Reynolds, Director Jorge Rivas, Office of Community Service Wanda Saxson, Executive Office Administrative Support 39 BIAS CRIME RESPONSE TASK FORCE STANDING COMMITTEES These Standing Committees established a collaborative working partnership that enhanced their natural continuum of activity while identifying the criteria and methods to be implemented in establishing a workable bias crime/incident response plan for Michigan communities. Appreciation is extended to the participating organizations and agencies. COMMUNITY RESPONSE (Training, Technical Assistance, Preventive Strategies) Michigan Human Relations Commission's - Sondra Rawls, Chair Affirmation - Jan Stevenson, Julie Enszer American Civil Liberties Union of Michigan - Dr. Howard Simon, Elsa Shartsis, Wendy Joyrich Arab American Anti -Discrimination Committee - Jenny Ouliguian Baptist Convention of Michigan - Rev. J. J. Perry Chaldean Federation of America - Jane Shallal, David C. Hakim, Kay Zair Council Islamic Organizations of Michigan - Abdullah Bey EI -Amin Detroit Indian Education and Cultural Center - Edith V. Young, Wanda Dockstader Governor's Office - Laura Cook, Dana Cole Greater Detroit Roundtable - Robert Arcend Michigan Sheriff's Association - Robert Ficano Michigan State Conference -NAACP - Constance Williams, Carl Breeding Michigan Association of Counties - LaTesha Talison Michigan Commission on Disability Concerns - L. Maria Cebreco, Patrick D. Cannon Michigan Municipal League - George Goodman Michigan Association of Chiefs of Police - Tom Hendrickson Michigan Jewish Conference - Mark Finkelstein, Cindy Hughey Michigan Civil Rights Department - Jacqueline Hall -Keith, Jorge Rivas Michigan Civil Rights Commission - Sondra Berlin, Richard Letts, Marie E. Martell, Dr. Evelyn L. Crane Presidents Council -State Universities of Michigan - Dr. John Matlock, Dr. Bette White United States Department of Justice - Gustavo Gaynett DATA COLLECTION AND TREND ANALYSIS Anti -Defamation League - Howard Goldberg, Chair American Citizens for Justice - Nati Lim Jenks, Roland Hwang Anti -Defamation League - Daniel Levy (alternate) Association of Independent Colleges & Universities - Dr. Edward 0. Blows Federal Bureau of Investigation - Paul White, John Scarborough Michigan Catholic Conference - Sister Monica Kostielney, Paul Long Michigan Civil Rights Commission - Tim Attalla, Father Robert Sirico Michigan Department of Attorney General - Robert Willis Michigan Department of Civil Rights - Ellen McCarthy Michigan Department of Education - Dr. Ivan Louis Cotman, Nancy B. Wing Michigan Education Opportunity Fund - Dr. Antonio Flores, Emily Martinez, Albert Flores Michigan House of Representatives - Representative Floyd Clack, Karen Twigg Michigan State Police - Det. Lt. B. Paul Gahide, Domenick Alagna, Julie Allen Triangle Foundation - Jeffrey Montgomery, Keith Belt VICTIM SUPPORT Michigan Psychological Association - Dr. Susan Silk, Chair Common Ground - Tony Rothchild, Lara MacQuarrie Detroit Branch, NAACP - Joann Nichols Watson, Mary Ann Lee Detroit Leadership Network - Rev. Dr. Holland Lewis, Chuck McCloud Michigan Civil Rights Commission - Rev. Edgar L. Vann, Jr., Francisco J. Villarruel Michigan Department of Civil Rights - Frederick Gruber Michigan Senate - Senator William VanRegenmorter, Laura Chappell National Association of Social Workers (NASW) - Peter Weidenear National Organization for Women (NOW)- Gloria Woods, Alicia Perez Banuet Prosecuting Attorneys Association - Gerald Warner State Bar of Michigan - Christina Mui 40 BIBLIOGRAPHY Anti -Defamation League, Audit of Anti-Semitic Incidents, Factors in Identifying Crimes of Bias -Related. New York, NY: Anti -Defamation League, 1995 Anti -Defamation League of B'nai B'rith. HATE CRIMES, Policies and Procedures for Law Enforcement Agencies. New York, NY: Anti -Defamation League of B'nai B'rith, n.d. Black, M.A., Henry Campbell. Black's Law Dictionary. 4th ed. St. Paul, MN: West Publishing Co., 1968. Center for Democratic Renewal. Ten Points to Remember When Responding to Hate Groups. Atlanta, GA: Center for Democratic Renewal, 1992. Center for Democratic Renewal. When Hate Groups Come to Town, A Handbook of Effective Community Responses. Atlanta, GA: Center for Democratic Renewal, 1992. Garcia, Ronald A. and Ann VanDyke. So Now What Do You Do? Harrisburg, PA: Pennsylvania Human Rights Commission, 1994. Levin, Brian. A Practical Approach to Bias Crimes, How Police and Government Can Coordinate To Fight Violent Bigotry. Los Angeles, CA, 1993. Los Angeles County's Hate Crime Task Force. Criteria For Determining Hate Crimes. Los Angeles, CA, 1988. Michigan Department of State Police. Michigan Incident Crime Reporting Handbook. Lansing, MI: Uniform Crime Reporting Section, 1994. United States Department Of Justice Federal Bureau of Investigation. Training Guide for Hate Crime Data Collection, n.d. Woolf, Henry Bosley, ed. Webster's New Collegiate Dictionary. Springfield, MA: G & C Merriman Company, 1975. 41 42 APPENDIX MICHIGAN CIVIL RIGHTS COMMISSION GOVERNING PRINCIPLES OF THE BIAS CRIME RESPONSE TASK FORCE ARTICLE I ESTABLISHMENT Section 1: Name. The name of this body shall be the Bias Crime Response Task Force. Section 2: Creation. The Task Force shall be created by the Michigan Civil Rights Commission and shall be accountable to the Commission. Section 3: Approval. Any action taken by the Task Force shall require the prior written approval of the Michigan Civil Rights Commission. ARTICLE II DEFINITION AND MISSION Section 1: Definition. For purposes of this Task Force, a bias crime/incident is any act of intimidation, harassment, physical force, or threat of physical force directed against any person, or family, or their property or advocate, motivated either in whole or in part by hostility because of race, color, ethnic background, national origin, religion, sex, age, disability, or sexual orientation, real or perceived, with the intention of causing fear or intimidation, or of deterring the free exercise or enjoyment of any rights or privileges secured by the Constitution or laws of the United States or the state of Michigan whether or not performed under color of law. Section 2: Mission. Bias crimes/incidents are acts motivated by prejudice and hatred. These acts affect the fundamental rights of the victim, as well as the group of which the victim is or is perceived to be a member. These are acts of terrorism designed to produce feelings of being violated, depersonalized, and isolated and deprive individuals of their sense of security and self-worth. Bias crimes/incidents also pose a unique danger to our society. In Michigan, where diversity is regarded as one of our greatest strengths, these acts undermine the very fabric of our pluralistic society and diminish our collective strength. Bias crimes/incidents cannot be ignored, will not be condoned, and must be vigorously prosecuted. This Task Force is charged by the Governor with: 1. Identifying agencies and organizations currently intervening in hate/violence incidents and establishing their interest in collaborative efforts. Appendix A-1 2. Establishing a state-wide network to deal with hate/violence incidents. 3. Holding state-wide or regional conferences for community members. 4. Providing other necessary technical assistance on reporting and responding to hate/violence incidents. 5. Identifying trends, educational and preventive strategies, and evaluation tools used by other agencies around the country. 6. Analyzing data collected from the hate/violence incidents to ascertain Michigan trends, determining future educational and preventive strategies, and developing appropriate evaluation tools. 7. Working with the Legislature and other civil rights agencies to deal with issues raised by hate/violence incidents and their perpetrators and establishing policy for preventive strategies to combat the phenomenon. The Task Force is committed to working together to accomplish these tasks to enhance the right of every person in this State to be free from violence and intimidation. ARTICLE III PURPOSE AND POLICY Section 1: Purpose. The purpose of the Task Force is to address the problems and threat of bias crimes/incidents, including but not limited to those based on race, color, religion, national origin, gender, age, handicap, marital status and sexual orientation. The Task Force is committed to support for victims of bias crimes/incidents and assistance to communities, organizations and groups seeking to establish effective means to identify, combat and eliminate such acts of criminal conduct. Section 2: Principal Activities. This purpose will be accomplished by: 1. Collecting and analyzing data on bias crimes/incidents to determine the dimensions of the problem; 2. Monitoring the activities of groups and individuals that commit bias crimes/incidents; 3. Providing support to victims of bias crimes/incidents and assistance to organizations seeking to address and prevent such criminal conduct; and 4. Educating communities and others on the scope of the problem and the strategies needed to challenge such criminal conduct. Appendix A-2 ARTICLE IV ORGANIZATIONAL STRUCTURE AND COMPOSITION Section 1: Membership Appointments. The membership of the Task Force shall consist of the Co -Chairs and of representatives appointed by the Michigan Civil Rights Commission from organizations which support the mission statement and will work toward the common good of the Task Force. Section 2: Selection of Representatives/Terms. Each member organization appointed by the Commission shall designate a representative and alternate to the Task Force. The alternate shall function in the named representative's absence. Representatives shall serve a one-year term, and may be reappointed for successive terms. For purposes of transition, the Commission shall determine the method by which the original representatives shall rotate off the Task Force. Section 3. Steering Committee. The Steering Committee shall be appointed by the Michigan Civil Rights Commission and shall consist of the two Co -Chairs, and the Chairs for each of the Standing Committees. Appointments shall be for one year terms and shall be made no later than September 30 for the next succeeding term. The Steering Committee shall establish such standing committees as they deem appropriate. Section 4: Removal. Any member organization may be removed from the Task Force and any individual may be removed from the Steering Committee by the Commission, whenever, in its judgment, the interests of the Task Force would be served thereby. A ten day written notice shall be given to the member organization or individual prior to taking the removal action. Section 5: Vacancies. Any vacancy on the Task Force or Steering Committee may be filled by the Commission for the unexpired portion of the term. ARTICLE V COMMITTEES Section 1: Standing Committees. The Steering Committee has established the following standing committees: 1. Data Collection and Trend Analysis Committee 2. Victim Support Committee 3. Community Response Committee The Chair or Co -Chairs, with the approval of the Commission, shall appoint the Chairs and members of each standing committee. All Task Force members will also be members of Committees. Committees will include non -Task Force members also. All committees shall exercise those powers as are delegated to them by the Task Force Co -Chairs. Appendix A-3 Section 2: Special Committees. The Chair or Co -Chairs, when deemed necessary and with the approval of the Commission, may establish special committees and appoint the Chairs and members of such special committees. ARTICLE VI MEETINGS Section 1: Regular Meetings. The regular meetings of the Task Force shall be held on such dates, times and at such places specified by the Task Force. The Task Force shall meet at least twice each year. Members will be given at least 15 days notice of meetings. The time and place of each regular meeting shall be determined by the Co -Chairs and the Steering Committee. Section 2: Special Meetings. Special meetings of the Task Force may be called by or at the request of the Co -Chairs, with the prior approval of the Commission. Notice of any special meeting shall be given at least five days previous thereto by written notice. Section 3: Quorum. A quorum shall consist of the majority of the Task Force. Section 4: Conflict of Interest. A member of the Task Force shall reveal her or his interest on any issue before the Task Force that would result in a conflict of interest and shall abstain from voting on that issue. ARTICLE VII PARLIAMENTARY PROCEDURE All matters of procedure not covered by these Governing Principles or by resolution of the Task Force shall be governed by Robert's Rules of Order (Revised). ARTICLE VIII AMENDMENTS The Michigan Civil Rights Commission shall have the power to amend, alter or repeal these Governing Principles, after discussion with the Steering Committee. ARTICLE IX REPORTS The Task Force shall report to the Commission at such times as the Commission shall request, and not less than twice each year. ARTICLE X DISSOLUTION The Task Force may be dissolved by the Michigan Civil Rights Commission. Appendix A-4 COOPERATIVE AGREEMENT THIS COOPERATIVE AGREEMENT is made and entered into between the MICHIGAN DEPARTMENT OF CIVIL RIGHTS, hereafter referred to as MDCR, and the (Local Government) on STATEMENT OF PURPOSE The parties desire to improve the manner in which governmental entities deal with bias crimes/ incidents. Specifically, the parties wish to improve the methods and procedures for collecting and reporting bias crime/incident data; educating the community on appropriate responses to hate -violence incidents and activities; providing necessary and appropriate assistance and support to victims of bias crimesfincidents. The parties further desire to define their respective roles and responsibilities in connection with these objectives. DEFINITION For purposes of this Agreement, a bias crimefincident is any act of intimidation, harassment, physical force directed against any person, or family or their property or advocate, motivated either in whole or in part by hostility because of race, color, ethnic background, national origin, religion, sex, age, disability, or sexual orientation, real or perceived, with the intention of causing fear or intimidation, or of deterring the free exercise or enjoyment of any rights or privileges secured by the Constitution or laws of the United States or the State of Michigan whether or not performed under color of law. 111. STATEMENT OF ACTION A. The (local government) agrees to do the following in its general response to the presence or threat of bias crimes/incidents or hate activity within its community: 1. Draft and issue, through its local official(s), strong, unequivocal statements denouncing hate crimes and encouraging victims to report them. 2. Execute Memoranda of Understanding among and between a mayor/council, local police department (or sheriffs' department), prosecutors' office, school district(s), human rights agency, and any other appropriate local departments expressing commitment to assist and support victims of bias crime/incident. 3. Train a law enforcement agency (police and/or sheriffs' departments) and prosecutors' office on handling bias crime/incident investigations and prosecution; assign special officers, deputies, and assistant prosecutors to such cases. 4. Collect and report data on bias crimesfincidents to MDCR on a quarterly basis, using the data collection form developed by the Bias Crime Response Task Force. 5. Designate a specific department and/or staff person(s) to coordinate response to victims of bias crimesfincidents; train staff on intake procedures and processing of complaints. 6. Inform community of special assignments within police and other departments, whom to call and where to go to report bias crimesfincidents. 7. Establish network for dealing with bias crimesfincidents, enlisting volunteers from various, appropriate professions. 8. Distribute posters, brochures and other materials in accessible form to educate public on what constitutes bias crimes/incidents, the procedures for reporting such crimes, and the impact of these crimes on the victim. 9. Hold regular community and neighborhood meetings educating public through discussions of these subjects. 10. Publish and distribute community newsletter dealing with various aspects of bias crimesfincidents. 11. Assist in providing training programs for governmental employees who will work with and help victims of bias crimesfincidents. B. The (local government) agrees to do the following to assist in providing support and necessary services to any victim of a bias crime/incident in the community: 1. Arrange for peer support in neighborhood and community. 2. Hold neighborhood or community support meetings for the victim. Appendix B-1 3. Accompany victim to court in connection with criminal proceedings against an alleged perpetrator. 4. Assist the victim in obtaining monetary compensation for property damage and other losses. 5. Refer the victim to cooperating counselors and therapists. 6. Refer the victim to cooperating attorneys for civil action against the perpetrator(s). IV. TECHNICAL ASSISTANCE AND TRAINING The Michigan Department of Civil Rights will periodically conduct and/or coordinate training sessions for the (local government) to orient or update the (local government) on identifying bias crimes/incidents; collecting and reporting bias crime/incident data; assisting victims of bias crimeslincidents; and to provide assistance to the (local government) in carrying out its activities under this Agreement. V. REVIEW AND DOCUMENTATION The parties may periodically review the implementation of this Agreement and on an annual basis, renew their efforts to develop methods in furtherance of the purposes of this Agreement. Any change or modification of this Agreement must be in writing and signed by the parties. VI. TERMINATION Either party may terminate this Agreement upon written notice to the other party. VII. EFFECTIVE DATE This Agreement shall become effective upon the signing of both parties. SIGNED AND DATED: Date Date Director, Michigan Department of Civil Rights Appendix B-2 GLOSSARY OF TERMS To ensure uniformity, some definitions have been adopted from other bias/hate crime reporting documents and organizations. rim Abduction/Kidnaping (Michigan Incident Crime Reporting, Uniform Crime Reporting Handbook) - The unlawful taking away of another person using force, persuasion, misrepresentation, false promise, or the like, to serve as a hostage for ransom or reward, or with any other intent. Advocacy (Common Ground Victim Assistance Program) - The act of providing emotional support to an individual that consists of empathy, listening skills, crisis intervention, prediction, preparation, and education. African American (United States Equal Employment Opportunity Commission) - A person having origins in any of the Black racial groups of Africa. Aggravated/Felonious Assault (MICR Uniform Crime Reporting Handbook) - An unlawful physical attack by one person upon another wherein the offender uses a weapon or displays it in a threatening manner, or the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. Arab American (United States Census Bureau) - People who trace their ancestry to the northern African countries of Morocco, Tunisia, Algeria, Libya, Sudan, and Egypt and the western Asian countries of Lebanon, occupied Palestine, Syria, Jordan, Iraq, Bahrain, Qatar, Oman, Saudi Arabia, Kuwait, United Arab Emirates, and Yemen. While these nations vary in their cultures and traditions, the common ground is an "Arabic heritage" and the Arabic language. Arson (MICR Uniform Crime Reporting Handbook) - To unlawfully and intentionally damage, or attempt to damage any real or personal property by fire or incendiary device. Asian/Pacific Islanders (U.S. Equal Employment Opportunity Commission) - A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes, for example, China, India, Japan, Korea, the Philippine Islands, and Samoa. Assault (MICR Uniform Crime Reporting Handbook) - An unlawful attack by one person upon another. Appendix C-1 B.C.R.T.F. (BCRTF) - Bias Crime Response Task Force as established by the Michigan Civil Rights Commission to address the problems and threats of bias crimes/incidents. Bias (MICR Uniform Crime Reporting Handbook) (BCRTF) - A preformed negative opinion or attitude toward a group of persons based on their race, religion, ethnic background, national origin, age, sex, disability, sexual orientation or gender. Bias Crime (BCRTF) - For purposes of this Task Force, a bias crime is any act of intimidation, harassment, physical force, or threat of physical force directed against any person, or family, or their property or advocate, motivated either in whole or in part by hostility because of race, color, ethnic background, national origin, religion, sex, age, disability, or sexual orientation, real or perceived, with the intention of causing fear or intimidation, or of deterring the free exercise or enjoyment of any rights or privileges secured by the Constitution or laws of the United States or the state of Michigan, whether or not performed under color of law. Bias Incident (BCRTF) - An act as defined above (Bias Crime/Incident) that does not rise to the level of a crime; also an overt condition, such as local presence of an activity by gangs and/or groups motivated (influenced) by a bias. Bisexual (Training Guide for Hate Crime Data Collection) - [adjective] Of or relating to persons, who experience sexual attraction toward, and responsiveness to, both males and females; [noun] a bisexual person. Black (refer to African American) Bomb Threats (National Gay and Lesbian Task Force Policy Institute, 1994) - Language (spoken or written) threatening that an explosive device will be detonated. Burglary (MICR Uniform Crime Reporting Handbook) - Unlawful entry into a building or other structure; or possession of burglary tools. Structure includes but is not limited to: apartment, barn, cabin, church, condominium, dwelling house, factory, garage, house trailer or houseboat (used as permanent dwelling), mill, office, other building, outbuilding, public building, railroad car, room, school, stable, vessel (ship) and warehouses. C - Community Activist (Webster's) - An individual who is involved in a doctrine or practice that emphasizes direct vigorous action of or in opposition to one side of a controversial issue. Community-based Organization (Webster's) - A structure or business with interest common to a specific group of people within a larger society. Appendix C-2 Counseling (Susan Silk, Ph.D., Michigan Psychological Association) - Provision of psychological support and psycho -social education intended to assist individuals in understanding the impact of specific event(s) (or trauma) and in creating an adaptive response. Crime (Common Ground) - An act committed in violation of a law prohibiting it; the wrongdoing of a criminal nature, as felony or treason, which affects the whole public and not just the right of an individual. Crisis Intervention (Susan Silk, Ph.D., Michigan Psychological Association) - Application of solution -oriented counseling to address the effects of a recent trauma and restore the individual to pre incident level of functioning. Debriefing (American Red Cross, Disaster Mental Health Services) - A formal session, led by a specially trained mental health professional, usually within a few days of an especially stressful incident shared by many people and/or at the end of an assignment involving one or more intense stressors. A debriefing provides an opportunity for participants to express and share their feelings with others exposed to the same stressors, to learn about typical human reactions to traumatic experiences, and to discuss adaptive coping strategies. Defusing (American Red Cross, Disaster Mental Health Services) - An informal session, led by a specially trained mental health professional usually within 24 hours of a stressful incident and/or event involving one or more intense stressors. A defusing is conducted in an atmosphere of mutual support, with participants describing their feelings and reactions to the incident or event being discussed. Educational information is shared to help lessen acute stress and prevent delayed or cumulative stress. Destruction/DamageNandalism of Property (FBI Training Guide for Hate Crime Data Collection) - To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it. Disability (Michigan Handicapper Civil Rights Act, PA 220) - A physical or mental impairment that substantially limits one or more of the major life activities. (Preferred term). Discrimination, Unlawful (Elliott -Larsen Civil Rights Act, PA 453) - Use of considerations based upon religion, race, color, national origin, age, sex, height, weight, marital status, or physical and mental handicap in making decisions in the area of employment, public accommodations or public services, education, housing or physical and mental handicap. Appendix C-3 E - Ethnic Intimidation (Ethnic Intimidation Act, PA 371) - A felony crime of malicious and specific intent to intimidate or harass another person because of that person's race, color, religion, gender, or national origin. Ethnicity/National Origin Bias (MICR Uniform Crime Reporting Handbook) - A preformed negative opinion or attitude toward a group of persons of the same race or national origin who share common or similar traits, languages, customs, and traditions. Extortion/Blackmail (MICR Uniform Crime Reporting Handbook) - To obtain money unlawfully, property or any other thing of value, either tangible or intangible, through the use or threat of force, misuse of authority, a threat of criminal prosecution, a threat of destruction of reputation or social standing or through other coercive means. G - Gay (MICR Uniform Crime Reporting Handbook) - [adjective] Of or relating to males, who experience a sexual attraction toward, and responsiveness to, other males; [noun] a homosexual male. Gender Bias (MICR Uniform Crime Reporting Handbook) - A preformed negative opinion or attitude toward a group of persons of the same biological category. Group A Offense (MICR Uniform Crime Reporting Handbook) - Offense identified by the National Incident Based Reporting System (NIBRS) which will be used as an indicator of the dimensions and trends in crime on a national scale. Group B Offense (MICR Uniform Crime Reporting Handbook) - Offense which will not be used to measure crime statistics on a national scale. H- Handicap/Physical and Mental (refer to Disability) Harassment (National Gay and Lesbian Task Force Policy Institute, 1994) - Language (spoken and written) or gestures intended to show malice or hatred. Hate Crime (refer to Bias Crime) Hate Group (MICR Uniform Crime Reporting Handbook) - An organization whose primary purposes is to promote animosity, hostility, and malice against and cause suffering for persons belonging to a racial, religious, ethnic/national origin, or sexual orientation groups. Heterosexual (MICR Uniform Crime Reporting Handbook) - [adjective] Of or relating to persons, who experience a sexual attraction toward, and responsiveness to members of the opposite sex; [noun] a heterosexual person. Appendix C-4 Hispanic (U.S. Equal Employment Opportunity Commission) - A person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless or race. Homicide (National Gay and Lesbian Task Force Policy Institute, 1994) - The willful (non negligent) killing of another. Homosexual (MICR Uniform Crime Reporting Handbook) - [adjective] Of or relating to persons, who experience a sexual attraction toward, and responsiveness to, members of their own sex; [noun] a homosexual person. Incident (MICR Uniform Crime Reporting Handbook) - One or more offenses committed by the same person or group of persons acting in concert, at the same time and place. An incident is comprised of different records; administrative, offenses, offender, victim, arrest, and/or property. Intangible (MICR Uniform Crime Reporting Handbook) - Anything which cannot be perceived by the sense of touch. It can be a benefit, e.g., a right or privilege, a promotion enhanced reputation, etc.; or a detriment, e.g., a loss of reputation, injured feelings, etc. Intimidation (MICR Uniform Crime Reporting Handbook) - To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. I R S (MICR Uniform Crime Reporting Handbook) - Incident Reporting System. J - Jewish (Anti -Defamation League) - A member of the community of persons who identifies with the beliefs, practices and customs of Judaism. Juvenile (MICR Uniform Crime Reporting Handbook) - The state of Michigan defines a juvenile as an individual who is less than 17 years of age (FBI -less than 18 years of age). L L.E.I.N. (MICR Uniform Crime Reporting Handbook) - Law Enforcement Information Network (LEIN). Larceny (MICR Uniform Crime Reporting Handbook) - The unlawful taking, carrying, leading, or riding away of property from the possession, or constructive possession of another person. Appendix C-5 Legal Residence (MICR Uniform Crime Reporting Handbook) - The permanent fixed place of abode which a person intends to be their residence and to which they intend to return despite temporary residences elsewhere or despite temporary absences. Lesbian (MICR Uniform Crime Reporting Handbook)[adjective] - Of or relating to females, who experience a sexual attraction toward, and responsiveness to, other females; [noun] a homosexual female. M- M.A.C.P. (MICR Uniform Crime Reporting Handbook) Michigan Association of Chiefs of Police (MACP) - An organization of chiefs of police from various jurisdictions. M.I.C.R. (MICR Uniform Crime Reporting Handbook) Michigan Incident Crime Reporting (MICR) - A crime reporting data collecting system. M.L.E.O.T.C. (Michigan Law Enforcement Officers Training Council) - A state of Michigan mandatory training program appointed by the Governor to set standards of law enforcement employment and mandatory basic training for law enforcement personnel. M.S.A. (MICR Uniform Crime Reporting Handbook) Michigan Sheriff's Association (MSA) - An organization of county sheriffs' from various jurisdictions. Malice (MICR Uniform Crime Reporting Handbook) - The intentional doing of a wrongful act without just cause or excuse, with an intent to inflict injury or under circumstances that the law will imply an evil intent. Motor Vehicle Theft (MICR Uniform Crime Reporting Handbook) - The unlawful taking or driving away of a motor vehicle, receiving or transporting stolen motor vehicles. Multi -Racial (State of Michigan, PA 88, 1995) - Having parents of different races. N - National Incident -Based Reporting System (NIBRS) (MICR Uniform Crime Reporting Handbook)- The new unit -record reporting system that is being implemented to replace the traditional UCR Summary Reporting System (SRS). NIBRS provides for expanded collection and reporting of offenses, arrests, and their circumstances. Native American, i.e., American Indian or Alaskan Native (U.S. Equal Employment Opportunity Commission) - A person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal affiliation or community recognition. Documentation as to the person's Native American community recognition or tribal affiliation may be required. Appendix C-6 Negligence (MICR Uniform Crime Reporting Handbook) - The omission to do something which a reasonable person, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent person would not do. Non -Aggravated Assault (MICR Uniform Crime Reporting Handbook) - An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. Peer Support (Susan Silk, Ph.D., Michigan Psychological Association) - Provision of understanding, empathy and practical assistance to victims of bias crimes or bias incidents and their support systems by trained lay volunteers. Peer Counseling (Susan Silk, Ph.D., Michigan Psychological Association) - Provision of counseling to victims of bias crimes or bias incidents by appropriately trained lay volunteers. Perceived Discrimination (Webster's) - Prejudiced or prejudicial outlook, action or treatment. Perpetrator (Common Ground) - One who commits a criminal act against another person that may impact said other person on an emotional, physical, cognitive, or economic level. Prejudice (MICR Uniform Crime Reporting Handbook) - An unreasonable and unjustifiable negative attitude toward a group and its individual members. Prejudice involves prejudgment. It biases one against an individual or group based solely on membership in a particular group. 1:-1 Racial Bias (MICR Uniform Crime Reporting Handbook) - A preformed negative opinion or attitude toward a group of persons who possess common physical characteristics (e.g., color of skin, eyes and/or hair, facial features, etc.) genetically transmitted by descent and heredity which distinguish them as a distinct division of human kind. Religious Bias (MICR Uniform Crime Reporting Handbook) - A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being (e.g., Catholics, Jews, Protestants, Atheists, etc.) Religious Real Property (MICR Uniform Crime Reporting Handbook) - Includes: a church, synagogue, or other place of worship; a cemetery; a religious school, educational facility, community center, structure or other real property used for any religious purpose; and the grounds adjacent to the property described. Appendix C-7 Resident (MICR Uniform Crime Reporting Handbook) - A person who maintains their permanent home for legal purposes in the locality where the crime took place. Robbery (MICR Uniform Crime Reporting Handbook) - The taking or attempting to take anything of value under confrontational circumstances from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear of immediate harm. S - Sexual Harassment (Elliott -Larsen Civil Rights Act) - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature. Sexual Orientation Bias (MICR Uniform Crime Reporting Handbook) - A preformed negative opinion or attitude toward a group of persons based on their sexual attraction toward, and responsiveness to, members of their own sex or members of the opposite sex (e.g., gays, lesbians, heterosexuals, etc.). Simple Assault (U.S. Department of Justice, Federal Bureau of Investigation, Training Guide for Hate Crime Data Collection) - An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe lacerations, or loss of consciousness. Sodomy (Michigan Compiled Law Annotated 750.158) - Crime against nature; (Webster's) - copulation with a member of the same sex or with an animal. Stalking (MICR Uniform Crime Reporting Handbook) - To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. Status (Black's Law Dictionary) - Standing, state or condition. The legal relation of individual to rest of the community. The legal personal relationship, not temporary in its nature nor terminable at the mere will of the parties, with which third persons and the state are concerned. Summary Report System (SRS) (MICR Uniform Crime Reporting Handbook) - The traditional aggregate system which has been used nationally since 1930 to collect UCR data. T - Threats of Violence/Menacing (National Gay and Lesbian Task Force Policy Institute, 1994) - To place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct. Appendix C-8 Lei UCR (MICR Uniform Crime Reporting Handbook) Uniform Crime Reporting - A uniform crime reporting system. V - Vandalism (National Gay and Lesbian Task Force Policy Institute, 1994) - To willfully or maliciously destroy, damage, deface or otherwise injure public or personal property without the consent of the owner or person having custody or control of the property. Victim (BCRTF) - One who is harmed by or made to suffer physically, emotionally, cognitively, behaviorally, and/or economically as a result of a crime or incident. Appendix C-9 MEMORANDUM OF UNDERSTANDING BETWEEN AND THE MICHIGAN DEPARTMENT OF CIVIL RIGHTS This Memorandum of Understanding is made and entered into between the above- mentioned parties, who agree to the following: I. PURPOSES A. To provide for cooperation and coordination in the collection and reporting of bias crime data in the state of Michigan. B. To enhance the bias crime data collection/reporting activities of the Michigan Department of Civil Rights and the participating organizations. II. DEFINITION For purposes of this Agreement, a bias crime is any act of intimidation, harassment, physical force directed against any person, or family or their property or advocate, motivated either in whole or in part by hostility because of race, color, ethnic background, national origin, religion, sex, age, disability, or sexual orientation, real or perceived, with the intention of causing fear or intimidation, or of deterring the free exercise or enjoyment of any rights or privileges secured by the Constitution or laws of the United States or the state of Michigan, whether or not performed under color of law. III. DATA COLLECTION PROCEDURES A. The participating organization agrees to use the data collection form developed by the Bias Crime Response Task Force. B. The participating organization will submit data to the Michigan Department of Civil Rights on a quarterly basis. C. The Michigan Department of Civil Rights will be responsible for reporting and disseminating data on bias incidents on an annual basis. IV. TECHNICAL ASSISTANCE AND TRAINING The Michigan Department of Civil Rights will periodically conduct and/or coordinate training sessions for participating organizations to orient or update them on recognizing bias incidents, and collecting and reporting bias incident data. Appendix D-1 V. REVIEW AND MODIFICATION The parties may periodically review the implementation of this Agreement and shall on an annually, renew their efforts to develop methods in furtherance of the purposes of this Agreement. Any change or modification of this agreement must be in writing and signed by the parties. VI. TERMINATION Either party may terminate this Agreement upon written notice to the other party. VII. EFFECTIVE DATE This Agreement shall become effective upon the signing of both parties. Signed and dated: Date Date Director Michigan Department of Civil Rights Appendix D-2 MICHIGAN DEPARTMENT OF CIVIL RIGHTS BIAS CRIME/INCIDENT FORM ADMINISTRATIVE INFORMATION Please type or print legibly. 1. Code: 2. Date of Report: 3. Organization: Preparer: 4. Address: City: 5. How were you made aware of incident? a) Mail b) Media c) Office/walk-in 6. Caller/contacts: a) Family b) Friend c) Service Provider State: d) Telephone e) Other (specify) d) Victim e) Witness f) Other (specify) Appendix E-1 Zip: INSTRUCTIONS FOR PREPARING BIAS CRIME/INCIDENT FORM GENERAL INFORMATION The Incident Report should be used to initially report a bias crime/incident. ADMINISTRATIVE INFORMATION (Items 1 through 6) 1. Provide the identifying incident number. This will consist of the agency identification number assigned to you by the Department of Civil Rights followed by your "case" or "file" number (Code). 2. Provide the date you were made aware of the incident you are reporting. 3. Provide the name of your organization and the name of the person who prepared this report. 4. Provide the complete address of your organization. 5. Indicate how you were made aware of the incident. V. Indica a ill IIIadG you avvalG of L11 Inclda�.n L. Appendix E-1 OFFENSE/INCIDENT INFORMATION 7. Date of incident: ! 1 8. Approximate Time: a.m./p.m. (circle a.m. or p.m.) 9. Type of offense: 1) 2) 3) 4) (see Glossary for definitions) a) Abduction/Kidnaping h) Intimidation/Threat o) Sexual Forcible Fondling b) Aggravated Assault i) Larcency p) Sexual Offenses Other c) Arson j) Motor Vehicle Theft q) Sodomy d) Bomb Threats k) Non -aggravated Assault r) Stalking e) Burglary 1) Rape s) Vandalism f) Extortion/Blackmail m) Robbery t) Other (specify) g) Homicide n) Sexual Assault with Object 10. Estimated value of stolen/damaged property if applicable: 11. Serial Incident: Yes / No / Unknown If yes, how many prior incidents have occurred? 12. Location of Incident: City: County: State: Location: (select one from the list below) 01) Air/Bus/Train Terminal 11) Drug Store/Doctor's Office/Hospital 21) Rental Storage 02) Bank/Savings & Loan 12) Field/Woods 22) Residence/Home 03) Bar/Night Club 13) Government/Public Building 23) Rest Area/Roadside Park 04) Cemetery 14) Grocery/Supermarket 24) Restaurant 05) Church/Mosque/Synagogue/Temple 15) Highway/Road/Alley 25) School 06) CollegefUniversity 16) Hotel/Motel/etc. 26) Service Station/Gas Station 07) Commercial/Office Building 17) Jail/Prison 27) Specialty Store 08) Construction Site 18) Lake/Waterway 28) Other (specify) 09) Convenience Store 19) Liquor Store 29) Unknown 10) Departrnent/Discount Store 20) Parking•Lot/Garage 13. Motivation(s): (see Glossary for definitions) a) Age e) National Origin h) Sex b) Color f) Race i) Sexual Orientation c) Disability g) Religion j) Other (specify) d) Ethnicity Appendix E-2 INSTRUCTIONS FOR PREPARING BIAS CRIME/INCIDENT FORM OFFENSE/INCIDENT INFORMATION (Items 7 through 13) 7. Provide the date when the incident took place. 8. Provide the approximate time when the incident took place. 9. Indicate the type(s) of offense. 10. Provide the estimated value of stolen/damaged property, if applicable, or report that such is unknown. 11. Indicate whether the incident is a serial incident, and if so, provide the number of prior incidents. 12. Provide the name of the city, county, state, and indicate the location of the offense/incident according to code on form. 13. Provide the nature of the bias/hate motivation(s) for the incident. Appendix E-2 VICTIM INFORMATION NOTE: For the categories in this section, you may include information on up to 4 victims (V1 -V4). For more than four victims, please attach additional forms(s). 14. Number of victims: 15. Victim type: V1) V2} V3) V4) B) Business 1) Indidvidual F) Financial Institution P) Police Officer G) Government R) Religious Organization H) Human Rights Organization/Activist S) Society/Public 0) Other (specify) 16. Age of victims: V1) V2) V3) V4) a) 10 or under c) 14-16 e) 22-29 g) 45-64 i) Unknown b) 11-13 d) 17-21 f) 30-44 h) 65+ 17. Sex of victims: V1) V2) V31 V4) M (Male) or F (Female) 18. Sexual orientation: V1) V2) V3) V4) a)Bisexual b) Heterosexual c) Homosexual (gay or lesbian) 19. Race: V1) V2) V3) V4) a) American Indian/Alaska Native d) Multi -racial b) Asian/Pacific Islander e) White c) Black f) Unknown 20. Ethnicity: V1) V2) V3) V4) a) Arab b) Hispanic c) Other Ethnicity/National Origin (specify) 21. Religion: V1) V2) V3) V4) a) Atheism/Agnosticism c) Islamic (Moslem) e) Multi -Religious Group g) Other Religion b) Catholic d) Jewish f) Protestant 22. Disability (specify): V1) V2) V3) V4) 23. Apparent injury of victim(s): V1) V2) V3) V4) a) Broken bones d) Lacerations g) Major injury j) Psychological injury b) Fatal e) Loss of consciousness h) Minor injury c) Internal injury f) Loss of teeth i) None 24. Was treatment received? V1) V2) V3) V4) a) Yes (Hospitalization) b) Yes (Outpatient) c) No d) Unknown 25. VOR (victim to offender relation) of primary offender: V1) V2) V3) V4) _ a) Acquaintance j) Friend s) Patient/Client b Boyfriend /Girtf ne nd k) Grandchild t) Sibling (brother/sister) c) Child 1) Grandparent u) Spouse d) Child of Boyfriend/Girtfnend m) Homosexual relationship A Stepchild e) Coworker n) In law w) Stepparent f) Common-law spouse o) Neighbor x) Step sibling (Stepbrother/stepsister g) Employee p) Other family member y) Stranger h) Employer q) Otherwise unknown z) Unknown i) Ex-spouse r) Parent Appendix E-3 INSTRUCTIONS FOR PREPARING BIAS CRIME/INCIDENT FORM VICTIM INFORMATION (Items 14 through 25) NOTE: For the categories in this section, you may include information on up to four victims (V1 -V4). For more than four victims, please attach additional forms. 14. Provide the total number of victims. 15. Where the victim type is an "individual," indicate the total number of individual victims (persons) involved in the incident regardless of the number of offenses in which they were involved. Should more than four victims be involved in one incident, use additional Incident Reports. 16. Indicate the estimated age range(s) of the victims, if known, or report that such is unknown. 17. Indicate the sex of the victims, if known, or report that such is unknown. 18. Indicate the sexual orientation of victims, if known, or report that such is unknown. 19. Indicate the race of the victims, if known, or report that such is unknown. 20. Indicate the ethnicity of the victims, if known, or report that such is unknown. 21. Indicate the religion of the victims, if known, or report that such is unknown. 22. Indicate the disability of the victims, if known, or report that such is unknown. 23. Indicate the apparent injury of victims. 24. Indicate whether treatment was received, and whether outpatient or hospitalization, if known, or report that such is unknown. 25. Indicate the relation of victim to primary offender, if known, or report that such is unknown. Appendix E-3 OFFENDER INFORMATION NOTE: For the categories in this section, you may include information on up to four offenders (01-04). 26. Number of offender(s): 27. Estimated Age of offender(s): 011 02) 03) a) 10 or under c) 14-16 e) 22-29 g) 45-64 b) 11-13 d) 17-21 f) 30-44 h) 65+ 28. Sex of Offender: 01) 02) 03) 04) M (Male) or F (Female) 29. Sexual Orientation: 01) a) Bisexual b) Heterosexual 30. Race: 01) 02) _ a) American Indian/Alaskan Native b) Asian/Pacific Islander c) Black 31. Ethnicity: V1) a) Arab b) Hispanic 02) 03) c)Homosexual (gay or lesbian) 03) 04) d) Jewish e) Multi -racial f) Unknown V2) V3) V4) c) Other Ethnicity/National Origin (specify) 04) i) Unknown 04) 32. Is there evidence of contact with an organized hate group? Yes / No / Unknown 33. If yes to 32, specify a group: 34. Weapon: a) Automatic Firearm d) Handgun g) Shotgun j) Other b) Club/Blackjack/Brass knuckles e) Lethal cutting instrument h) Other firearm c) Firearm f) Rifle i) Unarmed 35. Were computers used in the commission of the incident? Yes / No / Unknown Appendix E-4 INSTRUCTIONS FOR PREPARING BIAS CRIME/INCIDENT FORM OFFENDER -INFORMATION (Items 26 through 35) Note: For the categories in this section, you may include information on up to four offenders (01-04). 26. Provide the number of offenders, if known, or report that such is unknown. 27. Indicate the estimated age of the offender(s), if known, or report that such is unknown. 28. Indicate the sex of the offender(s), if known, or report that such is unknown. 29. Indicate the sexual orientation of the offender(s), if known or relevant, or report that such is unknown. 30. Indicate the race of the suspected offender(s), if known, or report that such is unknown. 31. Indicate the ethnicity of the offender(s), if known, or report that such is unknown. 32. Indicate whether the offender(s) belongs to an organized hate group. 33. If the answer to question 31 is "Yes," provide the name of the group. 34. Indicate the weapon used, if known, or report unarmed. 35. Indicate if computers were used in the commission of the incident, if known, or report that such is unknown. Appendix E-4 LAW ENFORCEMENT RESPONSE INFORMATION 36. Was the incident reported to police? Yes / No / Unknown 37. If incident was reported, did the victim(s) inform police of the bias nature of crime? Yes / No /Unknown 38. Name of enforcement agency responding: Give precinct/post number, incident number, officers' names and badge numbers, if known: 39. Precinct/Post Number: 40. Incident Number: 41. Name of Officer: Badge: Name of Officer: Badge: Name of Officer: Badge: 42. Describe police/authorities overall response(s): a) Courteous/Helpful d) Physically abusive g) Other (specify) b) Hostile e ) Refusal to record C) Indifferent f) Verbally abusive 43. Comments about police response or status of case in the criminal justice systems: Please submit information with the appropriate quarterly report and Summary Page. For additional information or questions, please call: Telephone: Appendix E-5 INSTRUCTIONS FOR PREPARING BIAS CRIME/INCIDENT FORM LAW ENFORCEMENT RESPONSE INFORMATION (Items 36 through 43) 36. Indicate whether the incident was reported to the police, if known, or that such is unknown. 37. If the incident was reported to the police, indicate whether the victim(s) informed the police of the bias nature of the incident. If unknown, report that such is unknown. 38. Provide the name of the law enforcement agency responding. 39. Provide the precinct location and/or post number (if applicable) of the law enforcement agency, if known, or report that such is unknown. 40. Provide the incident number assigned by the law enforcement agency, if known, or report that such is unknown. 41. Provide the name(s) and badge number(s) of the responding law enforcement officer(s) if known, or report that such is unknown. 42. Indicate the police/authorities' overall response. 43. Provide any comments about the law enforcement response or status of case in the criminal justice system. Appendix E-5 QUARTERLY BIAS CRIME/INCIDENT REPORT SUMMARY PAGE Please submit this report quarterly, by the 15th day after the close of the quarter to: Michigan Department of Civil Rights Bias Incident Reporting 1200 Sixth Street Detroit, MI 48226 Your cooperation in using this form to report bias crimes/incidents known to your organization will assist the Michigan Department of Civil Rights in compiling comprehensive and accurate data regarding incidence and prevalence of bias crimes/incidents in the state of Michigan. Please attach individual bias crime/incident report forms and submit with this quarterly report summary page. NOTE: If there were no bias crimes/incidents this quarter, please check the appropriate box in the table below. Name of Organization: Date: Address: City: Telephone: 1 1 State: MI Zip Code: Fax: 1 ) Name of Preparer: Title: Year of Report: — January - March April - June July - September October - December Total Number of Incidents If no incidents this Reported in this Quarter: quarter, check box: Appendix F-1 INSTRUCTIONS FOR PREPARING QUARTERLY RIAS CRIME/INCIDENT REPORT SUMMARY PAGE QUARTERLY BIAS CRIME/INCIDENT REPORT SUMMARY PAGE 1. At the end of each calendar quarter, a single Summary Page, along with an individual Incident Report for each bias -motivated incident identified during the quarter (if any), should be jointly submitted. If no incidents occurred, submit only the Summary Page, marking the appropriate box on the form. 2. The Summary Page should be used to identify your agency and to state the number of bias -related incidents being reported for the calendar quarter. Submit this report quarterly, by the 15th day after the close of each quarter to: Michigan Department of Civil Rights Bias Incident Reporting 1200 Sixth Street Detroit, MI 48226 Attach individual bias crime/incident report forms and submit with the quarterly report. Appendix F-2 Act No. 371 Public Acts of 1988 Approved by the Governor December 20, 1988 Filed with the Secretary of State December 21, 1988 STATE OF MICHIGAN 84TH LEGISLATURE REGULAR SESSION OF 1988 Introduced by Reps. Honigman, Berman, Gubow, Munsell, Smith, Stabenow, Willis Bullard, Fitzgerald and Martin. ENROLLED HOUSE BILL No. 4113 AN ACT to amend Act No. 328 of the Public Acts of 1931, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefore; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," as amended, being sections 750.1 to 750.568 of the Michigan Compiled Laws, by adding section 147b. The People of the State of Michigan enact. - Section 1. Act No. 328 of the Public Acts of 1931, as amended, being sections 750.1 to 750.568 of the Michigan Compiled Laws, is amended by adding section 147b to read as follows: Sec. 147b. (1) A person is guilty of ethnic intimidation if that person maliciously, and with specific intent to intimidate or harass another person because of that person's race, color, religion, gender, or national origin, does any of the following: (a) Causes physical contact with another person. (b) Damages, destroys, or defaces any real or personal property of another person. Threatens, by word or act, to do an act described in subdivision (a) or (b), if there is reasonable cause to believe that an act described in subdivision (a) or (b) will occur. (2) Ethnic intimidation is a felony punishable by imprisonment for not more than two years, or by a fine of not more than $5,000.00, or both. (3) Regardless of the existence or outcome of any criminal prosecution, a person who suffers injury to his or her person or damage to his or her property as a result of ethnic intimidation may bring a civil cause of action against the person who commits the offense to secure an injunction, actual damages, including damages for emotional distress, or other appropriate relief. A plaintiff who prevails in a civil action brought pursuant to this section may recover both of the following: (a) Damages in the amount of three times the actual damages described in this subsection or $2,000.00, whichever is greater. (b) Reasonable attorney fees and costs. Approved.......................................................... .............................................................. Governor. Appendix G-1 ......................................................... Clerk of the House of Representatives. ....................................................... Secretary of the Senate. Wic ex n pi n y r vi# act #off, al rages, costs: Act No. 371 Public Acts of 1988 Approved by the Governor December 20, 1988 Filed with the Secretary of State December 21, 1988 STATE OF MICHIGAN 84TH LEGISLATURE REGULAR SESSION OF 1988 Introduced by Reps. Houigman, Berman, Gubow, Munsell, Smith, Stabenow, Willis, Bullard, Fitzgerald and Martin. ENROLLED HOUSE BILL No. 4113 AN ACT to amend Act No. 328 of the Public Acts of 1931, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefore; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," as amended, being sections 750.1 to 750.568 of the Michigan Compiled Laws, by adding section 1476. lire People of the State of Michigan enact. Section 1. Act No. 328 of the Public Acts of 1931, as amended, being sections 750.1 to 750.568 of the Michigan Compiled Laws, is amended by adding section 1476 to read as follows: Sec religion, gender (a) Causes physical contact with another person. color, does any of the following: (b) Damages, destroys, or defaces any real or personal property of another person. Threatens, by word or act, to do an act described in subdivision (a) or (b), if there is reasonable cause to believe that an act described in subdivision (a) or (b) will occur. (2) Bias crime is a felony punishable by imprisonment for not more than 2 years, or by a fine of not more than $5,000.00, or both. (4) inchsding damages for emotional distress, or other appropriate reliet. A plamm who prevaus in a civu acuon brought pursuant to this section may recover both of the following: (a) Damages in the amount of 3 times the actual damages described in this subsection or $2,000.00, whichever is greater. (b) Reasonable attorney fees and costs. Appendix G-2 HOW TO HELP THOSE YOU CARE ABOUT • Encourage the victim to talk to you about how he or she is feeling. • Do not assume that men can handle this kind of trauma better than women. • Tell the victim how you feel, that you are sorry they have been hurt. • Remind the individual that his or her confusing emotions are normal. • Do not attempt to impose your explanation on why this event has occurred. • Do not attempt to reassure the victim that everything will be all right. Everything is not all right. • Do not tell the victim that you know how she or he feels. You do not. Often such attempts are really aimed at relieving your own anxiety about how you feel about what has happened. • Be willing to say nothing. Just being there may be enough. • Tell your friends or family how you are feeling. Even if you are not a victim of a bias crime/incident, remember that people who care about victims often become vicarious victims. • Report to friends or family any unusual physical symptoms that might be interfering with your daily routine. • Do not be afraid to encourage an individual to ask for help, including counseling, if necessary. Do not be afraid to ask for help yourself, even if you are not directly involved. • Try not to project your own feelings on those around you. Each individual experiences victimization and its consequences differently. Be understanding of the pace at which a person heals. • Do not be afraid to ask how someone is doing. Do not ask for details of the event. If the victim wants to talk, listen. The best thing to do is to let the individual know that you are there and that you care. Trying it to make things better is not necessary. Michigan Civil Rights Commission, Bias Crime Response Task Force Victim Support - adapted by: Dr. Susan Silk Appendix H-1 DEALING WITH PEOPLE IN BIAS CR/MESIINC/DENTS i_• • Do be available, and support the person by listening. Very few words will be consoling; listening is the best form of help in the first few hours and days. • Do provide whatever resources you can for the person to hold on to. • Do use non threatening phrases such as: o l am so sorry. o It is harder than most people think. o Most people who have gone through this feel somewhat like you do. o If I were in your situation, I would be very angry/ sad..., too. IIS • Don't tell them it could have been worse, especially when it involves a death. • Don't use phrases such as "this was meant to happen " as if some supreme being orchestrated the disaster. • Don't criticize expressions. There is no such thing as an abnormal expression of distress. Don't tell people not to cry; they need to be able to exhibit healthy sadness or anger. Never tell a bias crime/ incident victim they "shouldn't feel that way. " Perhaps they are blaming themselves when there may not be any reason to do so, but imposing your values on someone by chastising them for the way they feel will not help. • Don't minimize the loss by using phrases like "at least you're okay. " • Don't try to tell them that you understand or that you know how they feel. You do not. Even if you have been a victim yourself, each person's loss is unique. Michigan Civil Rights Commission, Bias Crime Response Task Force Victim Support - adapted by Dr. Susan Silk Appendix H-2 COPING • Talk about your thoughts and feelings as often as you feel the need. Identify friends, family and clergy, or professionals who are willing to listen to you. Repeatedly talking about the event and your reactions is part of the healing process. • Do not make unreasonable demands on yourself. Allow yourself time to feel better. Give yourself permission to slow down. Give yourself permission to be distracted and make mistakes. • Avoid engaging in activities that will add to your problems. As much as possible, spend time with people who have a positive influence on you. • There is a temptation, when your stress level is high to try to numb the feelings with alcohol or drugs. Substance abuse complicates the problems, rather than relieving them. • Provide some balance to the negative things that have gone on by doing something special for yourself. Think about something that makes you feel good, and make it happen. • Do something special with your family. Keep it simple and inexpensive and be sure that there will be time to talk. They have been worried about you, and you probably have not had as much time for them lately. • Make a special effort to take care of yourself during this stressful time. Attempt to get extra rest and avoid overindulgence (e.g., food, spending, etc.). - • Above all, realize that what you are experiencing is normal for a traumatic situation. Be understanding of yourself! Michigan Civil Rights Commission, Bias Crime Response Task Force Victim Support - adapted by: Dr. Susan Silk Appendix H-3 HELPING CHILDREN COPE Feeling frightened after a traumatic event is normal for both adults and children such as perpetration of a bias crime/incident. Many parents and children have expressed concerns and fears about the safety of a bias crime/incident victim. • Repeatedly reassure the children that you are going to be okay. • Be sure to show your love by hugs and spending time with them. • Let the children know that the person who committed the crime can no longer hurt anyone. • Don't let the children come home to an empty house. if possible, arrange for neighbors/relatives to be with them. • Especially with young children, do not talk about on going concerns about retribution. Their imaginations can make things worse than they are. Behavior problems are common during this time. Try to be patient and know that this will not last. • Provide age appropriate explanation about prejudices, bias crimes/incidents, and avoid "us" and "them" thinking. If the problems have not subsided in two weeks, discuss this with a professional. Michigan Civil Rights Commission, Bias Crime Response Task Force Victim Support - adapted by Dr. Susan Silk Appendix H-4 COPING FOR ADULTS As time goes on after a bias crime/incident, some of you may find yourself beginning to return to your normal routines, but others may find things getting more difficult as the shock and numbness wear off. An important fact to remember for yourself and others is: This was a traumatic and horrible event that happened, and it creates powerful painful feelings. These feelings are normal under the circumstances! Some common things people experience are: Trouble sleeping Trouble concentrating Headaches General fear and jumpiness Crying Exhaustion Depression Difficulty making decisions Guilt Stomach problems Nightmares Blaming others Anger Memories of other events Poor memory Irritability Need to talk Difficulty talking about the event If you find yourself having trouble getting back to normal, take the time to discuss your problems with a professional. Michigan Civil Rights Commission, Bias Crime Response Task Force Victim Support - adapted by. Dr. Susan Silk Appendix H-5 COPING WITH BIAS CRIMES//NC/DENTS EMOTIONAL HEAL TH ISSUES FOR VICTIMS Bias crimes/incidents affect people in many ways. In some situations it may mean loss of loved ones, including relatives, friends, neighbors, or family pets. In others, it means loss of home and property, furnishings and important or cherished belongings. Sometimes it means starting over with a new home or business. The emotional effects of loss and disruption may show up immediately or may appear many months later. It is very important to understand that there is a natural grieving process following this loss, and that this event will cause unusual and unwanted stress in those attempting to reconstruct their lives. SOME INITIAL RESPONSES TO BIAS CRIMES/INCIDENTS *Fear *Disbelief •Reluctance to abandon property •Disorientation and numbing SOME LA TER RESPONSES *Change in appetite and digestive problems *Difficulty in sleeping and headaches •Disappointment with, and rejection of, outside help *Crying for "no apparent reason" *Guilt over not being able to prevent the incident *Frustration and feeling of powerlessness over one's own future *Feelings of being overwhelmed SPECIAL EFFECTS ON YOUNG CHILDREN *Return to earlier behavior, such as thumb sucking or bed wetting *Fantasies that the incident never happened *Reluctance to go to bed *withdrawal and immobility *Difficulty in making decisions *Need for information •Seeking help for yourself and your family •Helpfulness to other disaster victims •Moodiness and irritability •Anxiety about the future *Anger and suspicion *Apathy and depression •Isolating oneself from family, friends, or social activities •Domestic violence *Increased effects of allergies, colds and flu *Clinging to parent *Crying and screaming *Nightmares *Refusal to attend school *Problems at school and inability to concentrate. Michigan Civil Rights Commission, Bias Crime Response Task Force Victim Support - adapted by Dr. Susan Silk Appendix H-6 WHA T YOU CAN DO TO HELP AFTER THE INITIAL CRISIS Help for You and Your Family • Recognize your own feelings • Talk to others about your feelings; this will help relieve your stress and help you realize that your feelings are shared by other victims. • Accept help from others in the spirit in which it is given. Wouldn't you help them? Help for Your Child • Talk with your child about his or her feelings and your feelings. You will find that many of your feelings are shared, whatever your child's age. Encourage your child to draw pictures of the incident This will help you understand how he or she views what happened. • Talk with your child about what happened, providing factual information that she or he can understand. • Reassure your chr7d that you and he or she is safe. Repeat this assurance as often as necessary. • Work closely with teachers, day-care personnel, baby- sitters and others who may not understand how the event has affected your child. Help for Your Community • Listen when you can to those who are having problems. • Share your own feelings about the experience. • Be tolerant of the irritability and short tempers others show - everyone is stressed at this time. • Share information on assistance being offered and possible resources. • Whenever possible, take time off and do something you enjoy. • Get enough rest. • Get as much physical activity as possible, such as running or walking. • Give someone a hug; touching is very important. • Review safety procedures that are now in place, including the role your child can take. • hold your child. Touching provides extra reassurance that someone is there for her or him. • Spend extra time with your child, especially at bedtime. • Relax rules but maintain family structure and responsibility. • Praise and recognize responsible behavior. /f any of your responses are severe, or they continue to persist for an extended period, we encourage you to seek help for yourself, your ciu7d, or your family member. Sometimes we all need someone to lean on for a short while. Michigan Civil Rights Commission, Bias Crime Task Force information provided by the American Red Cross Disaster Services Appendix H-7 MEMORANDUM OF UNDERSTANDING BETWEEN POLICE DEPARTMENT AND OFFICE OF.THE HUMAN RELATIONS COMMISSION REGARDING REPORTING OF BIAS CRIMES/INCIDENTS A Memorandum of Understanding between the (referred to as OHRC) and the Office of the Human Relations Commission Police Department (referred to as Police) WHEREAS, there is a mutual acknowledgment of the importance of an understanding between the Police and OHRC in responding to incidents motivated by race, color, ethnic background, national origin, religion, gender, age, sexual orientation, or disability and WHEREAS, the Hate Crime Statistics Act of 1990 requires the Justice Department to collect data on hate crimes motivated by race, religion, ethnicity, or sexual orientation and the Federal Bureau of Investigation Uniform Crime Reporting section (UCR) is responsible for the gathering of this data as it is reported by law enforcement authorities at the state, county and city level; and WHEREAS, the Network of Neighbors, a community group sponsored by OHRC, offers assistance to victims of hate type activities, the success of which is contingent upon the rapid response of Network members to victims who are experiencing fear and intimidation as a result of an incident; WHEREFORE, OHRC and the Police agree that certain information reported to the respective agencies should be mutually shared for the benefit of the victims and the community as a whole; and WHEREFORE, OHRC and the Police agree to the following stipulations and terms set forth in this Memorandum of Understanding. The responsibility for the interagency reporting of bias activity shall rest with the Community Relations Unit of the Police and appointed staff personnel of the OHRC. 2. Information Supplied by the Police to OHRC The Police shall provide to OHRC the victim's name, telephone number, residence address, and nature of event. Other information may be provided as deemed appropriate. Incidents related to race, color, ethnic background, national origin, religion, gender, age, sexual orientation, or disability and which are brought to the attention of the Police shall be reported to OHRC in accordance with Item #2 above within three days of receipt of notification by the Police. Appendix 1-1 MEMORANDUM OF UNDERSTANDING/ HUMAN RELATIONS WITH POLICE ■ .-n, :-..■-. Incidents related to race, color, ethnic background, national origin, religion, gender, age, sexual orientation, or disability reported to OHRC which may require subsequent investigation by the Police shall be reported as soon as possible to a member of the Police by OHRC staff responsible for recording the incidents. Representatives of the two agencies will meet periodically to review this Memorandum of Understanding and make such modifications as may be necessary. (Name) Date (Name) Date (Local) Executive Executive Director Office of the Human Relations Commission (Name) Date Chief of Police APPROVED AS TO FORM AND LEGALITY By_ Date Adapted with permission from information provided by the Montgomery County, Maryland Office of Government, Office of Human Relations. Appendix 1-2 RAPID RESPONSE THE NETWORK PROCESS Network of Neighbors -Network of Teens When bias crimes or incidents occur, the Human Relations Commission receives the information in one of the following ways: • The victim calls the Commission to report the incident; or • Someone else who is aware of an incident reports it to the Commission; or • The Community Relations Unit of the Police Department reports the incident to the Human Relations Commission. Most incidents are received in this way, as a result of reports initiated by a victim to the local police department. Usually an incident is reported to the Human Relations Commission within a few days of its occurrence. Each incident is recorded on a report sheet and logged. A letter is then sent to the victim to indicate that the Commission has been notified and that the local government is concerned. The letter briefly explains the Network of Neighbors (or the Network of Teens, when relevant) and states that a member will soon be calling. Therefore, when a member does make the initial contact, the victim is aware of the Network and will be less uneasy about accepting a call from a stranger. After sending the letter, Commission staff contacts a Network member who lives close to the victim. Having a neighbor respond to the victim helps convey a sense of community concern. Information regarding the nature of the victim are given to the Network member. Information about incident and victims is confidential. Therefore, Network members should not share or discuss information relating to the matter without the permission of the victim. Occasionally, depending on the nature of the incident 2Human Relations Commission refers to the local coordinating unit. Appendix J-1 and other circumstances, members of the Human Relations Commission also contact victims. Following the initial call to the victim, as well as all subsequent contacts, the Network member should call the Human Relations Commission to report how the contact went, to express feelings and concerns about the contact, and to ask any questions. The Network member may have suggestions about other assistance which is needed by the victim, the Human Relations Commission staff can make referrals or indicate the availability of other agency resources. Since the first contact a Network member makes with a victim is by telephone, the following may be helpful in facilitating a successful phone call. However, calls may lead to subsequent visits, and the same skills apply in both situations. When first reaching a victim, introduce yourself and briefly explain the Network of Neighbors. In addition, check to be sure that the victim has received the letter from the Human Relations Commission. If not, mention that the letter should be arriving shortly. Following are the primary goals of the initial calls: • Express a willingness to listen to victims and share in their experiences. • Assure victims that the incident does not reflect the feelings of the community. Assure victims that their reactions are normal, and that it is all right to express their feelings. • Assure victims that they are not alone. • Communicate the fact that they are valuable and worthy human beings. Adapted with permission from information provided by the Montgomery County Government, Office of Human Relations Commission Handling HatelViolence, Resource Booklet, Network of Neighbors, Network of Teens. March 1989. Appendix J-2 THE MEDIA AND BIAS CRIMES/INCIDENTS These guidelines are provided for media professionals when covering stories involving hate groups. The best preventive medicine is for reporters to check with local, state and federal investigative agencies and any of several private watchdog groups that provide good estimates of hate group membership and activity and can help individual reporters with background information. • Do a thorough investigative job. • Editors should assign the same reporters to the hate beat over an extended period of time. • Reporters should attempt to pierce the mystique and deceptions that hate groups try to affect. • Don't overplay news about hate groups. • Let readers and viewers see the real hate group. • Don't be used. • Don't overlook the victims of hate and bias violence. Adapted with permission from information provided by the Center for Democratic Renewal publication, When Hate Groups Come To Town, A Handbook of Effective Community Responses. Appendix K-1 STOP PROGRAM SUMMARY STOP PROGRAM Stamping outterroristic .outbreaks of Prejudice. The program, which began in July 1982, is designed to educate and counsel young people who have been apprehended for committing hate/violence acts. Development Since many of the offenders apprehended by the police for committing hate/ violence acts are young people (ages 13-17), the County Criminal Justice Commission asked the Human Relations Commission in August 1981 to develop an educational and counseling program for juveniles. The first step was to meet with experts in the areas of education, counseling, criminal justice and law enforcement in order to decide on the best approach for a special program. HRC then worked closely with the Alternative Community Services Division of the Department of Corrections and Rehabilitation and with the Health Department to develop a program that would address the motivation for such acts and which would, at the same time, not ignore a punitive component for the program. The resulting program consists of four two-hour sessions that utilize an educational -counseling curriculum specially developed for the program, and 40 hours of community service. It is implemented by trained counselors from the Health Department and correctional specialists from Alternative Community Services. Program Entry Through the Youth Services Division of the Police Department first offenders except in and the most serious cases, are given two options when apprehended by police. They may Preparation elect to go through the court system or to enter a diversionary program. If the juvenile is referred by the police to the Juvenile Services Administration can also refer the juvenile to the program. If the juvenile ends up in court, the judge can make the STOP Program part of the disposition of the case. The program is designed to encourage the participation of the juvenile alld the family or parent(s). Course Purpose The course is designed to educate youths about: concepts such as racism, prejudice, and discrimination and stereotyping; the history and behavior of extremist groups such as Objectives the Ku Klux Klan and the neo-Nazi party; and the consequences of committing hate/violence acts. Through the use of audio-visual and written materials, homework, written assignments, and discussions, the participants learn about the effects of their acts on themselves and the victim; the legal ramifications of, and penalties for these acts; and why stereotyping and racism occur and their effects on minority groups. They participate in counseling that examines the underlying causes of anti -social behaviors in an attempt to understand what motivates people to become involved in such behaviors. Adapted with permission from information provided by the Montgomery County Maryland, Office of Human Relations Commission. Appendix L-1 BIAS CRIME/INCIDENT RESOURCE NETWORK DIRECTORY October 1997 Listed below are agencies, organizations, civil rights and human relations commissions that provide assistance in the area of bias crimes/incidents. Bias crimes are against the law and should be reported to your local police department. AFFIRMATION LESBIAN & GAY COMMUNITY CENTER 195 W. 9 Mile Ferndale, MI 48220 248/ 398-7105 (VOICE) 248/ 541-1943 (FAX) (DS/R; WI) * AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN 1249 Washington Boulevard, #2910 Detroit, MI 48226 313/ 961-4662 (VOICE) 313/ 961-9005 (FAX) (DS/R) * AMERICAN JEWISH COMMITTEE 6735 Telegraph Road, Suite 320 Southfield Hills, MI 48301 248/646-7686 (VOICE) 248/646-7688 (FAX) (R, WI) * ANN ARBOR HUMAN RESOURCES/ HUMAN RIGHTS DEPARTMENT P.O. Box 8647 Ann Arbor, MI 48107 313/ 994-2803 (VOICE) 313/ 994-2590 (FAX) (R)* ANTI -DEFAMATION LEAGUE 4000 Town Center, Suite 420 Southfield, MI 48075 248/ 355-3730 (VOICE) 248/ 355-9534 (FAX) (DS/R; WI)* ASIAN AMERICAN CENTER FOR JUSTICE (ACJ) 19111 W. Ten Mile Road, Suite 121 Southfield, MI 48075 248/ 352-1020 (VOICE) 248/ 398-7859 (FAX) (DS/R) * ATTORNEY GENERAL, MICHIGAN DEPARTMENT OF 1200 Sixth Street 1840 Michigan Plaza Building Detroit, MI 48226 313/ 256-2557 (VOICE) 313/ 256-1653 (FAX) (DS) * CHALDEAN FEDERATION OF AMERICA 18470 W. 10 Mile Road Southfield, MI 48075 248/ 557-2362 (VOICE) 248/ 557-3424 (FAX) (DS/R, WI) * CENTER FOR DEMOCRATIC RENEWAL CDR NATIONAL OFFICE P. 0. Box 50469 Atlanta, GA 30302 404/ 221-0025 (VOICE) 404/ 221-0045 (FAX) (DS/R, WI) * CIVIL RIGHTS, MICHIGAN DEPARTMENT OF Victor Office Center 201 N. Washington Square, Suite 700 Lansing, MI 48913 517/ 335-3165 517/ 335-6513 (FAX) (DS, DS/R, WI) * *KEY: DS = Direct Service: DS/R = Direct Service and Referral; R = Referral Resource only; WI = Written Information COMMON GROUND 853 N. Woodward Avenue Pontiac, MI 48341 248/ 456-8128 (VOICE) 248/ 456-8149 (FAX) (DS, DS/R, WI)* DETROIT HUMAN RIGHTS DEPARTMENT 1026 City -County Building Detroit, MI 48226 313/ 224-4950 (VOICE) 313/ 224-3434 (FAX) (DS/R) * FLINT HUMAN RELATIONS COMMISSION 1101 S. Saginaw Street Flint, Michigan 48502 810/ 766-7430 (VOICE) 810/ 234-8460 (FAX) (DS/R, WI)* GRAND RAPIDS URBAN LEAGUE 745 Eastern SE Grand Rapids, MI 49503 616/ 245-2207 (Ext 1 1) (VOICE) 616/ 245-9386 (FAX) (R)* GRAND RAPIDS, CITY OF EQUAL OPPORTUNITY DEPARTMENT AND COMMUNITY RELATIONS COMMISSION 300 Monroe NW Grand Rapids, MI 49503 616/ 456-3027 (VOICE) 616/ 456-3728 (FAX) (R, WI)* GREATER DETROIT INTERFAITH ROUNDTABLE OF THE NATIONAL CONFERENCE 150 W. Boston, P.O. Box 2249 Detroit, MI 48202 313/ 869-6306 (VOICE) 313/ 869-2117 (FAX) (DS/R, WI) * HOLLAND HUMAN RELATIONS COMMISSION 270 S. River, City Hall Holland, MI 49423 616/ 355-1328 (VOICE) 616/ 355-1490 (FAX) (DS, DS/R, WI)* INDIAN AFFAIRS, MICHIGAN COMMISSION 201 N. Washington Square, Suite 700 Lansing, MI 48913 517/ 373-0654 (VOICE) 517/ 335-1649 (FAX) (R)* JACKSON HUMAN RELATIONS COMMISSION 161 W. Michigan Avenue Jackson, MI 49201 517/ 788-4167 (VOICE) 517/ 768-5820 (FAX) (DS/R, WI) * JEWISH CONFERENCE, MICHIGAN One Michigan Avenue, Suite 280 Lansing, MI 48933 517/ 485-9199 (VOICE) 517/ 485-5043 (FAX) (R)* KLANWATCH/SOUTHERN POVERTY LAW CENTER 400 Washington Avenue Montgomery, AL 36104 334/ 264-0286(VOICE) 334/ 264-8891(FAX) (D, DS/R, WI)* LANSING HUMAN RELATIONS & COMMUNITY SERVICES DEPARTMENT 119 N. Washington Square, 3rd Floor -City Hall Annex Lansing, MI 48933 517/ 483-4477 (VOICE) 517/ 377-0078 (FAX) 517/483-4479 (TTY) (DS, DS/R, WI)* *KEY: DS = Direct Service: DS/R = Direct Service and Referral; R = Referral Resource only; WI = Written Information MICHIGAN COMMISSION ON DISABILITY CONCERNS P.O. Box 30659 Lansing, MI 48909 517/ 334-8000 (VOICE & TTY) 517/ 334-6637 (FAX) (DS/R, WI) * MICHIGAN COMMISSION ON SPANISH SPEAKING AFFAIRS 201 N. Washington Square, Suite 700 Lansing, MI 48913 517/ 373-8339 (VOICE) 517/ 335-1649 (FAX) (DS/R, WI)* N.A.A.C.P., DETROIT BRANCH 2990 E. Grand Boulevard Detroit, MI 48202 313/ 871-2087 (VOICE) 313/ 871-7745 (FAX) (DS/R, WI)* N.A.A.C.P., MICHIGAN STATE CONFERENCE 1124 S. Milwaukee Street Jackson, MI 49203 517/ 784-3036 (VOICE) 517/ 784-0674 (FAX) (DS/R; WI)* NATIONAL ORGANIZATION FOR WOMEN - MICHIGAN CHAPTER P.O. Box 18063 Lansing, MI 48901 517/ 485-8648 (VOICE) 517/ 684-5612 (FAX) (R)* PSYCHOLOGICAL ASSOCIATION, MICHIGAN 24350 Orchard Lake Road, Suite 105 Farmington Hills, MI 48336 248/ 473-9070 (VOICE) 248/ 473-3960 (FAX) (R)* SAGINAW HUMAN RELATIONS COMMISSION 1315 S. Washington Saginaw, MI 48601 517/ 759-1620 (VOICE) 517/ 759-1607 (FAX) (DS, R) * SOUTHERN POVERTY LAW CENTER (See KLANWATCH) STATE POLICE, MICHIGAN CENTRAL RECORDS DIVISION UNIFORM CRIME REPORTING SECTION 7150 Harris Drive Lansing, MI 48913 517/ 322-1151 (VOICE) 517/ 322-0635 (FAX) (WI)* TRIANGLE FOUNDATION 19641 W. Seven Mile Detroit, MI 48219 313/ 537-3323 (VOICE) 313/ 537-3379 (FAX) 313/ 533-1166 (HATE CRIMES) (DS; DS/R; W0* U.S. DEPARTMENT OF JUSTICE COMMUNITY RELATIONS SERVICE 211 W. Fort Street, Suite 1404 Detroit, MI 48226 313/ 226-4010 (VOICE) 313/ 226-2568 (FAX) (DS; DS/R; WI)* VICTIM ADVOCACY PROGRAM McCree Building - 68th District Court 630 S. Saginaw Flint, MI 48502 810/ 766-8994 (VOICE) 810/ 341-7642 (FAX) (DS, DS/R, WI)* *KEY: DS = Direct Service: DS/R = Direct Service and Referral; R = Referral Resource only; WI = Written Information MEMORANDUM OF UNDERSTANDING AMONG PUBLIC SCHOOLS, OFFICE OF THE HUMAN RELATIONS COMMISSION and POLICE DEPARTMENT REGARDING BIAS CRIMES/INCIDENTS This Memorandum of Understanding is entered into on this Public Schools (PS), the Relations Commission (OHRC), Police Department. day of , 19_, by the Office of the Human WHEREAS, There is a mutual acknowledgment of the importance of an understanding among _PS, OHRC and the Police in responding to incidents motivated by race, color, ethnic background, national origin religion, gender, age, sexual orientation, or disability, especially those involving the public schools; and WHEREAS, OHRC has entered into a Memorandum of Understanding with the Police, which provide for the sharing of information regarding bias crimes/incidents; and WHEREAS, These incidents are sometimes reported only to _PS, OHRC or only to the Police; and WHEREAS, The successes of human relations programs and activities are often contingent on the cooperation between and rapid response from PS, OHRC and the Police; and WHEREAS, The state of Michigan enacted legislation requiring that the Michigan State Police report incidents of bias crime to the Federal Bureau of Investigations. WHEREFORE, PS, OHRC and the Police agree that information reported to the respective agencies should be shared and the following procedures are established among the respective agencies. 1. PS and OHRC will notify each other within twenty-four hours after receiving information about incidents of bias based on race, color, ethnic background, national origin, religion, gender, age, sexual orientation, or disability that occur on PS property, or involving PS. When possible, a photographic record should be made of the evidence of the bias activity and shared with parties to this Agreement for future action. 2. PS will keep OHRC appropriately alerted to the status of an incident of bias. 3. PS will regularly inform and update OHRC about all policies and procedures related to public school system responses to bias incidents. Appendix N-1 Memorandum or Understanding/Human Relations/Schools/Police 4. - PS will be the lead source for non law enforcement public information on bias incidents occurring on PS property. 5. PS will coordinate non law enforcement prevention, response, and follow-up activities to bias incidents occurring on PS property, or related to its schools. 6. All parties agree to share expertise and resources to address specific situations and circumstances. 7. PS and OHRC agree to provide technical assistance and training opportunities for each other to increase efficiency, expertise and information. There will be at least one of these opportunities annually. 8. OHRC will maintain data regarding bias incidents within the Public School system and the general community. Such data will be made available to PS. To enhance planning for the coming school year, OHRC will work with PS to analyze the existing data. 9. Representatives of the agencies entering into this Memorandum of Understanding will meet every two years to review the Memorandum of Understanding and will recommend such modifications as may be necessary. (Name) Date Superintendent of Schools Public Schools (Name) Date Chief of Police Police Department (Name) Date Executive Director (Local) Office of the Human Relations Commission Adapted with permission from information provided by the Montgomery County Maryland, Office of Human Relations Commissions Appendix N-2 GUIDELINES FOR BIAS CRIMES/INCIDENTS: AN EDUCATIONAL INSTITUTION APPROACH Each educational institution should have a plan for responding to bias crimes and bias - motivated incidents. The plan should include identifying and designating at least one person to receive, investigate, respond to and report complaints about bias crimes and bias - motivated incidents. PROTOCOL Incidents require appropriate action: 1. Respond quickly and determine motivation to establish whether the incident is bias - motivated. 2. Reassure and inform the victim that the incident will be treated seriously, and that the act does not represent the community as a whole. 3. Conduct a complete investigation. Question the victim(s), perpetrator(s) and witness(es). Keep accurate records. Involve law enforcement when appropriate. 4. Submit an incident report as appropriate. 5. Follow-up as necessary. Include staff and student awareness programs, media response and victim counseling. 6. Determine appropriate discipline. 7. Assist victims in the school and refer to support agencies as appropriate. DISCIPLINE Bias crimes/incidents are a community and social problem. Disciplinary action against students should be in accordance with the Michigan School Code or a private school's disciplinary code. Very serious acts may result in suspension or expulsion. Alternatives to suspension or expulsion may be used for less serious incidents. Bias -motivated incidents, while admittedly outrageous to the victim and the community, are often amenable to alternative forms of discipline involving awareness counseling, community service, and other forms of education. Such alternative discipline may include direct involvement of students, parents, teachers, and community resources. If possible, consider discipline that keeps the perpetrator in school. Appendix 0-1 REPORTING Reporting is essential. To properly monitor bias motivated incidents and assess needs in the areas of education and public awareness, school districts should be made aware of incidents. In preparing reports, consider the questions - Who? What? When? Where? How? To whom? Why? Include your reasons for describing the incident as bias -motivated. STAFF TRAINING School administrators should use community resources to provide cultural diversity and bias crime/incident training for all staff. AWARENESS PROGRAM Each school should develop effective measures to prevent bias crimes and incidents to educate students, parents and staff in cultural understanding. An effective program should be based on school and community recommendations, and allow students to share their ideas and voice their concerns. A program should include information about what constitutes a bias crime/incident and behavior, and the importance of reporting incidents when they occur. School activities that heighten awareness of bias motivated behavior should include assemblies, student forums, newsletters, bulletins, student newspaper articles, peer counseling, conflict resolution, classroom activities, parent Teacher Association or other parent presentations, and presentations by outside groups. Adapted with permission from information provided by the Los Angeles Unified School District, office of the Deputy Superintendent Bulletin No. 36, Attachment A, April 24, 1995. Appendix 0-2 DATA COLLECTION ON BIAS CRIMES/INCIDENTS AND INTERGROUP CONFLICTS (SAMPLE RESOLUTION) On the Board of Education unanimously approved a resolution on Data Collection on Bias Crimes/Incidents and Intergroup Conflicts. This resolution requires data collection on bias crimes or bias motivated incidents to be fully implemented by the end of the 19 -- school year. Whereas, bias crimes/incidents and intergroup conflicts are both significant and pernicious elements in our schools as they are in the wider community; Whereas, The schools have a responsibility to address issues of intergroup relations and bigotry; Whereas, The School District currently has no means of quantifying the extent of these problems in the schools or of measuring progress in reducing the problems; and Resolved, That the Board of Education of the direct the Superintendent to develop and implement a procedure for schools to record and report (1) hate crimes (as defined by the Michigan Civil Rights Department) and (2) incidents of intergroup conflict which involve students, staff, parents, or community members such as incidents involving racial, ethnic, and religious groups, immigrants, the disabled, gays and lesbians, gender issues, etc.; Resolved, That this data be used publicly to measure the extent of the problem and of progress in solving it; and Resolved, That this data collection be fully implemented by the end of the 19 -- school year. Adapted with permission from information provided by the Los Angeles Unified School District, Office of the Deputy Superintendent Bulletin No. 35, Attachment A, April 24, 1995. Appendix P-1 FACTORS USED IN IDENTIFYING BIAS CRIMES/INCIDENTS The following criteria may be used to determine if the act was motivated by bias or hate. • Is the victim a member of a target racial, religious, ethnic/national origin, or sexual orientation group? • Were the offender and the victim of different racial, religious, ethnic/national origin, or sexual orientation groups? • Would the incident have taken place if the victim and offender were of the same race, religion, ethnic group, or sexual orientation? • Were biased oral comments, written statements, or gestures made by the offender that indicates his or her bias? • Were bias -related drawing, markings, symbols, or graffiti left at the crime scene? • Were certain objects, items, or things that show bias used or left behind by the offender(s)? • Is the victim a member of a racial, religious, ethnic/national origin, or sexual orientation group that is overwhelmingly outnumbered by members of another group in the neighborhood where the victim lives and the incident took place? (This factor loses significance with the passage of time, i.e., it is most significant when the victim first moved into the neighborhood and becomes less significant as time passes without incident.) • Was the victim visiting a neighborhood where previous hate crimes had been committed against other members of his or her racial, religious, ethnic national origin, or sexual orientation group and where tensions remain high against his or her group? • Have several incidents occurred in the same locality, at or about the same time, and are the victims all of the same racial, religious, ethnic/national origin, or sexual orientation group? • Does a substantial portion of the community where the crime occurred perceive that the incident was motivated by bias? • Was the victim engaged in activities promoting his or her racial, religious, ethnic/national origin, or sexual orientation group? • Did the incident coincide with a holiday relating to, or a date of particular significance to, any racial, religious or an ethnic/national group or to the victim's group or the offender's group? • Is there another clear motivation for the incident? • Were any racial, religious, ethnic, or sexual orientation bias remarks made by the offender(s)? • Were there any offensive symbols, words or acts known to represent a hate group or other group or other evidence of bias against the victim's group? • What do the demographics of the area tell you about the incident? Adapted with permission from information provided by the Los Angeles Unified School District, Office of the Deputy Superintendent Bulletin No. 36, Attachment A, April 24, 1995. Appendix Q Intemational Association of Chiefs of Police Models for Management Effecdve Dau Number February 1, 1987 Subject RACIAL, RELIGIOUS AND ETHNIC VIOLENCE Reference Special lnstnrcdons Hate Crimes Distribution Reevaluadon Dau No. Pages January 31, 1988 The IACP model racial, religious and ethnic violence policy is intended to serve as a guide for the police executive who is interested in formulating a written procedure to prevent and resolve potential incidents of racial, religious and ethnic violence. The police executive is advised to refer to all federal, state and municipal statutes, ordinances, regulations, and judicial and administrative decisions to ensure that the racial, religious and ethnic violence policy he or she seeks to implement meets the unique needs of the jurisdiction. I. PURPOSE The Police Department will take a proactive role in promoting peace and harmony within the community, and in ensuring that rights guaranteed by state laws and the U.S. Constitution are protected for all citizens regardless of their race, color, ethnicity or religion. When such rights are infringed upon by violence, intimidation, threats or other harassment, the Department will use every necessary resource to rapidly and decisively identify the perpetrators, arrest them and bring them before the court. All acts of racial or religious violence or threats will be viewed as serious, and the investigations will be given priority attention. Such acts may generate fear and concern among victims and the public, and have the potential of recurring, thus escalating and possibly causing counter -violence. II. DEFINITION A racially, ethically or religiously targeted incident is an act or a threatened or attempted act by any person or group of persons against the person or property of another individual or group that may in any way constitute an expression of racial, ethnic or religious hostility. This includes threatening phone calls, hate mail, physical assaults, vandalism, cross burnings or destruction of other religious symbols, and fire bombing. This list is not all inclusive. Some incidents may not ckarly fit a specific definition. In those cases, a common-srnse approach must be used. If an incident appears to be an incident of racial, religious or ethnic bias, it must be investigated as such. Verification can be made during the investigation. Officers must recognize that single incidents such as vandalism or threats may initially appear as less serious when viewed in the larger context of all crime. Incident reports must be reviewed for patterns of incidents occurring at either the same location or directed at a particular individual or group. Very often what may begin as a minor incident escalates into a more serious crime. III. POLICY It shall be the policy of this Department to bring the investigative and enforcement elements of the police department into quick action following any and all reported or observed incidents of racial, religious or ethnic hatred. There is to be special emphasis placed on victim assistance and community cooperation in order to reduce victim/community trauma or fear. It must be remembered that the actions taken by this agency in dealing with incidents of racial, religious and ethnic bias are visible signs of concern and commitment to the community on the part of government and its police department. The proper investigation of racial, religious or ethnic incidents is the responsibility of all police officers. Each officer must be sensitive to the feelings, needs and fears that may be present in the community as a result of incidents of this nature. IV. PROCEDURES When an officer on the scene makes a determination that an incident is of racial, religious or ethnic bias, the following procedures are activated. To achieve a thorough investigation and a sensitive response to the victims and community, responsibilities shall be as follows: A. Whenever an incident as described above comes to the attention of a department member, the incident will be immediately reported to the field supervisor. B. Investigating officers shall: e. Whether arrests are imminent, or the 1. Respond in a sensitive way to the feelings names, addresses, dates of birth, sex, and needs of the victim(s). and race of any persons arrested. 2. Preserve the crime scene and evidence. 8. Arrange for an immediate increase of patrols 3. Immediately take all possible investigative throughout the affected area. If, in the and enforcement action. judgment of the patrol supervisor, there still 4. Notify the crime laboratory or investigator (if exists the potential for further acts of applicable) if a cross burning or any other violence, a unit should be specifically racially motivated destruction of property assigned to the location in a fixed post takes place. position. 5. Prepare a detailed report. 9. Ensure that all physical remains of the 6. Make a follow-up visit to assure the victim incident are removed after processing is that the police are doing everything possible completed. If the remains cannot be removed to eliminate the fear and apprehend the (example: paint on walls), the supervisor suspect(s). shall attempt to impress upon building or property owners the need for complete C. The field supervisor shall: restoration as soon as possible. 1. Respond immediately to the scene of all 10. Ensure that the report contains full data on incidents. the materials used (cross, literature, paint, 2. Ensure that the crime scene is protected. etc.), including size, construction, 3. Ensure that the investigative personnel have wrappings, messages, plus the method of been notified if a cross burning or any other removal and the disposition of the remains. racially motivated destruction of property 11. Maintain contact with community leaders takes place, concerning the progress of the investigation. 4. Notify the chief executive if the incident is 12. Assure that victims and other concerned serious. parties are informed of a case clearance. 5. Ensure that the scene is properly processed and evidence gathered. D. The investigative personnel shall respond to the 6. Visit the victims as soon as possible, scene of any cross burning or any other racially, assuring them that the investigation will be religiously, or ethnically motivated destruction of actively pursued. property and shall (if applicable): 7. Notify the communications center or 1. Obtain a sample of the cross, paints, or other headquarters as soon as possible of the materials used. following information (if applicable): 2. Photograph and process the scene. a. —Any d; --t rb-- .... or deet Le ion of i lather and take cLLCtodv of any related property that is racially, religiously or evidence. ethnically motivated. 4. Maintain all reports of racially and b. Size of cross burned and the materials religiously targeted incidents. from which it was made. 5. Contact appropriate state and/or local law c. Exact time and location of the incident. enforcement agencies for assistance with d. Type of neighborhood (racial, ethnic serious cases. and socio-economic make-up). 6. Maintain liaison with federal, state and local agencies for intelligence information exchange. 7. Keep the arresting officer informed of the status of the case. By Order of. Chief of Police Adapted with permission from information provided by the International Association of Chiefs of Police. Appendix R-2 � � - - L _ ' _ � i i �. � � y _ y � _ - - _ _ I _ _ _ i �1 - � - -_ _. __ _ _ _. _ _ _ t f _. � - __ - -_ - Jy -. -. _ _. �. _ - _ - �._ ___. _ � .- _ � _ i i _ ' ��_ _ � � � � � � r -i �, -� .. Y i� � _ � � y - _ _ '- ,,.. CITY OF LANSING HUMAN RELATIONS AND COMMUNITY SERVICES DEPARTMENT HUMAN RELATIONS AND COMMUNITY SERVICES ADVISORY BOARD September 4, 2003 Minutes CALL TO ORDER The September meeting of the Human Relations and Community Services Advisory Board was called to order by Chairperson Monica Martinez at 6:05 p.m., 124 W. Michigan Ave., 9th Floor, City Hall, Lansing, MI. Present: Cheval Breggins, Amy Hodgin, Monica Martinez, Gordon Steinhauer, and Steven Willobee Absent: Rev. Kirklin Hall (unexcused) Staff: Kip Gomoll, Deputy Director, and Carol Walton, Administrative Secretary LPD Liaison: Captain Edward Forrest, Jr. Lansing Police Department Public: Cheryl VanDeKerkhove APPROVAL OF AGENDA Gordon Steinhauer moved to approve the agenda. The motion was supported by Steven Willobee and carried unanimous. PUBLIC COMMENT Cheryl VanDeKerkhove gave a historical presentation regarding the civil rights ordinance that was presented to voters in 1996. She suggested offering the subject for public debate and if you have a huge turn out against the issue then it would probably be fair to say that there is no change within the community. She would not suggest doing a debate at this point. She stated that there is an organization called Michigan Equality. Michigan Equality is a group organized to assist local organizations/groups who promote favorable legislation or fight against unfavorable legislation. In closing Cheryl suggested that the board not move this issue forward at this time because the proper resources to move the issue in a positive direction are not in place. She stated that she would prefer to give it every chance of success by preparing the gay/lesbian community to defend it. LPD LIAISON'S REPORT Captain Forrest addressed gave an overview of the shooting that took place at the corner of Waverly and Jolly Rd., and at Freddie's Place on the corner of Pleasant Grove and Holmes Rd. He also gave a brief update regarding the cooperation of citizens during the blackout. Human Relations and Community ices Advisory Board Minutes of September 4, 2003 Page 2 COMMUNICATIONS (a) Youth Development Corporation Newsletter APPROVAL OF MINUTES Gordon Steinhauer moved to approve the minutes of August 7, 2003. The motion was supported by Steven Willobee and carried unanimous. COMMITTEE REPORTS Budget/Program Committee No Report Policy Committee No report, however Monica distributed copies of a proposes report for review and comment. PETITIONS/COMPLAINTS None CHAIRPERSON'S REPORT Monica asked members for suggestions as to name of non -biased members/groups in the community who could speak to the board regarding the Civil Rights Ordinance. Gordon Steinhauer suggested that Jim Smiertka, City Attorney, to speak to the implications for developing an ordinance. Steven Willobee stated that he will research the Michigan State University archives. DIRECTOR'S REPORT Kip Gomoll distributed information regard the City of Lansing full time regular employees report, and pending and new civil rights claims. He updated that board on the department's new employee, Tina Ramos, Contract Manager. Kip distributed and discussed the draft Executive Order regarding supplier diversity and discussed recent Arbor Pointe complaints against the owners, which turned about to be a misunderstanding which led to the gas being shut of an then turned back on. : Human Relations and Communit) /ices Advisory Board Minutes of September 4, 2003 Page 3 OLD BUSINESS (a) Bias Crime Task Force Report a. Gordon Steinhauer asked where the annual reports for the Bias Crime Task Force were? The law was past in 1990. The Task Force convened in 1994. The report was written in 1997. The Task Force booklets reads that there will be annual reports yet, there are none. Willard Walker can speak more to this issue. NEW BUSINESS None NEXT MEETING The next meeting is scheduled for October 2, 2003, at 6:00 p.m., in the 9th Floor Conference Room of City Hall, located at 124 W. Michigan Avenue, Lansing, Michigan. ADJOURNMENT The meeting was adjourned at 8:15 p.m. City of Lansing Human Relations and Community Services Department Human Relations and Community Services Advisory Board October 2, 2003 Minutes CALL TO ORDER The October meeting of the Human Relations and Community Services Advisory Board was called to order by Chairperson Monica Martinez at 6:17 p.m., 124 W. Michigan Ave., 9th Floor, City Hall, Lansing, MI. Present: Amy Hodgin, Monica Martinez, Gordon Steinhauer, Rev. Kirklin Hall, and Steve Willobee. Absent: Cheval Breggins Staff: Kip Gomoll, Deputy Director. APPROVAL OF AGENDA Steve Willobee moved to approve the agenda. The motion was supported by Rev. Kirklin Hall and carried unanimous. PUBLIC COMMENT No Report •tel � LPD LIASON'S REPORT No Report - f COMMUNICATIONS No Communications APPROVAL OF MINUTES Amy Hodgin moved to approve the minutes of September 4, 2003. Gordon Steinhauer supported the motion. Human Relatior d Community Services Advisory Board Minutes of Octob. 2, 2003 Page 2 COMMITTEE REPORTS Budget/Program Committee Steve Willobee discussed that staff would be invited to speak at future meetings and assist the advisory board in gaining a better understanding of the organizations responsibilities. Also, the Budget/Program Committee will be researching the possibility of a future awards dinner. Policy Committee Monica Martinez stated Cheval Breggins would provide a committee report at the next meeting. PETITIONS/COMPLAINTS None CHAIRPERSON'S REPORT No Report DIRECTOR'S REPORT Kip Gomoll informed the advisory board that Willard Walker responded to an incident that involved a family that was being racially insulted and terrorized. A youth was taken into custody. The United Way Campaign has kicked -off. Bernard Brantley will lead the cities efforts for this campaign. Kip Gomoll informed the committee that the NYPPP Program has locked its door and is presently being audited. They received $15,000 from HRCS. HRCS will provide Science in the City with $2,000 funding. The request was initially $5,000. OLD BUSINESS Bias Crime Task Force Report. Monica Martinez recommended that each board member should thoroughly review this document and be prepared for discussion at the November 6th board meeting. Human Relations and Communit• rvices Advisory Board Minutes of October 2, 2003 Page 3 NEW BUSINESS Monica Martinez advised each board member to review the city charter and the rules of procedures prior to the next meeting. This should provide a foundation for developing a stronger understanding of the responsibilities of the board. This will also be discussed at the next board meeting. NEXT MEETING The next meeting is scheduled for Thursday, November 6, 2003 at 6:00 p.m., 124 W. Michigan Ave., ADJOURNMENT The meeting was adjourned at 7:45 p.m. Minority Business Enterprises: A Asian Pacific Islander MBE B African-American MBE H Hispanic MBE I Native American MBE J Asian Indian MBE Handicapped Business Enterprises: N Asian Pacific Islander HBE O African American HBE P Hispanic HBE Q Native American HBE R White/ No Designation HBE S Asian Indian HBE Woman Owned/Handicapped Business Enterprises: T Asian Pacific Islander HWBE U African American HWBE V Hispanic HWBE W Native American HWBE Y White/No Designation HWBE Z Asian Indian HWBE Woman Owned Business Enterprises: 1 Asian Pacific Islander WBE 2 African-American WBE 3 Hispanic WBE 4 Native American WBE 5 White/No Designation WBE 6 Asian Indian WBE Michigan Minority Business Development Center Certification Criteria A Minority Business Enterprise (MBE) is a for profit enterprise, regardless of size, physically located in the United States or its trust territories, which is owned, operated and controlled by minority group members. "Minority group members" are U.S. citizens who are African- American, Hispanic American, Native American, Asia-Pacific American, and Asian -Indian American. "Ownership" by a minority group or individual means the business is at least 51% owned by such group or individual or, in the case of a publicly owned business, at least 51 % of the stock is owned by one or more such individuals. Further, those minority group members or individual, control the management and daily business operations. Below is further clarification of certification criteria: Minority Group Member - For purposes of this program, an individual who is at least 1/4 or 25% minimum (documentation to support claim of 25% would be required from applicant) of the following: African-American - A U.S. citizen having origins in any.of the Black racial groups of Sub - Sahara Africa. Hispanic -American - A U.S. citizen of true -born Hispanic heritage (true -born meaning "authentically" or genuinely" as per Webster), from any of the Spanish speaking areas of Latin America or the following regions: Mexico, Central America, South America and the Caribbean basin only. Brazilians Shall be listed under Hispanic designation for review and certification purposes. Native -American - A person who is an American Indian, Eskimo, Aleut or Native Hawaiian, and regarded as such by the community of which the person claims to be a part. Native Americans must be documented members of a North American tribe, band or otherwise organized group of native people who are indigenous to the continental United States and proof can be provided through a Native American Blood Degree Certificate (i.e. tribal registry letter, tribal roll register number). MMBDC will accept those tribes recognized by either the federal government or state government. In the case of American Indian listing on the tribal registry and acceptance by the tribe can be substituted for the 25% bloodline requirement. Asian -Pacific American - A U.S. citizen whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific or the Northern Marianas. Asian -Indian American - U. S. citizens whose origins are in India, Pakistan and Bangladesh. Operate - To be actively involved in the day-to-day management of the business. 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