Human Rights Commission Regular Meeting March 17, 2022 Virtual/Electronic Meeting 6:30 pm Agenda Packet Attachments 1. Agenda 2. Draft 02-17-2022 HRC Regular Meeting Minutes 3. Draft 02-22-2022 HRC Public and Subsidized Housing Panel Discussion 4. OHR Staff Report 5. Draft Revised HRC Rules & Procedures 6. Draft CY2020 HRC & OHR Annual Report Attachment 1 Human Rights Commission AGENDA Regular March 17, 2022 Virtual/Electronic Meeting 6:30 pm Please take Notice that this virtual meeting of the Human Rights Commission is for the purposes of planning, developing and drafting management and administration documents for the Human Rights Commission. For the purpose of addressing issues during the quarantine, this virtual meeting will be a limited public forum to discuss the agenda items presented below and to ensure the continuity of services provided by the Commission. The Commission Chair may limit public comments or discussion points that are unrelated to agenda items or that pertain to topics outside the scope of this Agenda. This will be a virtual/electronic meeting open to the public and registration information is available at www.charlottesville.gov/zoom. The Commission welcomes comments and questions and commits to listening carefully and thoughtfully to what is presented. A maximum of sixteen public comment time slots are allotted per meeting. Each speaker will have three minutes to speak. The Commission requests that members of the public refrain from engaging in personal attacks against Commissioners and staff members and asks that comments and questions focus on matters related to human rights within the City. Link to Human Rights Commission shared Box folder: https://app.box.com/s/xty3wnn2s1tj8h7trkknvd79bipyxezy 1. WELCOME a. CALL TO ORDER b. ROLL CALL c. MISSION (recited by all): Act as a strong advocate to justice and equal opportunity by providing citywide leadership and guidance in the area of civil rights. 2. MATTERS BY THE PUBLIC a. PUBLIC COMMENT (Webinar attendees use the “raise hand” function, phone attendees use *9) b. COMMISSION RESPONSE TO MATTERS BY THE PUBLIC 3. MINUTES a. 02-17-2022 HRC Regular Meeting* b. 02-22-2022 HRC Public and Subsidized Housing Panel Discussion* 4. BUSINESS MATTERS a. CHAIR UPDATE b. OHR STAFF REPORT 5. WORK SESSION a. HRC Rules & Procedures proposed revisions b. 04-23-2022 HRC Retreat Planning c. Draft CY2020 HRC & OHR Annual Report* d. AD-HOC COMMITTEE UPDATES i. Community Engagement 1. 03-24-2022 Town Hall Meeting planning 2. In-person outreach ideas 6. MATTERS BY THE PUBLIC a. PUBLIC COMMENT (Webinar attendees use the “raise hand” function, phone attendees use *9) b. COMMISSION RESPONSE TO MATTERS BY THE PUBLIC 7. COMMISSIONER UPDATES 8. NEXT STEPS & ADJOURN * ACTION NEEDED Individuals with disabilities who require assistance or special arrangements to participate in the public meeting may call the ADA Coordinator at (434) 970-3182 or submit a request via email to ada@charlottesville.gov. The City of Charlottesville requests that you provide a 48-hour notice so that proper arrangements may be made. Attachment 2 Human Rights Commission Meeting Minutes Regular Meeting February 17, 2022 Virtual/Electronic Meeting 6:30 pm Public link to meeting rebroadcasts on Boxcast: https://boxcast.tv/channel/vabajtzezuyv3iclkx1a Public link to HRC documents on Box: https://app.box.com/s/xty3wnn2s1tj8h7trkknvd79bipyxezy 1. WELCOME a. CALL TO ORDER i. Chair, Jessica Harris, called the meeting to order at 6:31 pm b. ROLL CALL i. Jessica Harris ii. Ernest Chambers iii. Mary Bauer iv. Jeanette Abi-Nader v. Wolfgang Keppley vi. Andrew Orban vii. Lyndele Von Schill viii. Guest panelists Councilor Sena Magill and Col. Martin Kumer ix. Kathryn Laughon (arrived 6:48pm) c. MISSION (recited by all): Act as a strong advocate to justice and equal opportunity by providing citywide leadership and guidance in the area of civil rights. 2. MATTERS BY THE PUBLIC a. PUBLIC COMMENT i. Richard Feero 1. Works at a non-profit in the Prospect community 2. Has been trying to communicate with former employees who have been incarcerated, but it has been difficult; has also found that the individuals are being given very little time outside of their cells every day a. Very little human contact; no extracurriculars or religious activities 3. Would like HRC to do something to loosen restrictions, as Richard is worried about these individuals’ mental health b. COMMISSION RESPONSE TO MATTERS BY THE PUBLIC i. Commissioner asks where these individuals are incarcerated 1. Albemarle-Charlottesville Regional Jail (ACRJ) ii. Since the Commission is under the purview of the city, Chair is unsure if it will have jurisdiction in this issue; however, the HRC has written a letter to the ACRJ that will be addressed later in this meeting 3. MINUTES a. Review of minutes from 1/20/2022 i. Vote 1. In favor: 6 2. Opposed: 0 3. Abstained: 1 4. BUSINESS MATTERS a. Chair update i. Councilor Payne will be meeting with Jessica and Ernest regarding the upcoming panel discussion; would like to talk with the Commission later during this meeting to discuss the Councilor meeting ii. Mark dates for upcoming HRC events (housing panel discussion, town hall, and annual retreat) 1. Annual retreat is later this year (4/23) to allow for a smoother transition of a new Commission (new term will begin 3/1) 2. New Commissioner will be Erika Robinson 3. Applications are now closed; there will be a Commission of 9 b. Updates regarding letter to Council about COVID-19 conditions at ACRJ i. Letter was sent to ACRJ and City Council on 1/31 regarding concerns raised at the last HRC meeting 1. Concerned about inadequate distribution of cleaning supplies, low staff and inmate vaccination rates, poor facility ventilation, lack of transparency regarding ACRJ staff use of preventative controls, and lack of mask use within the facility 2. Asked City to review this and made request for someone to view conditions ii. Councilor Magill (who is on the ACRJ Board) and Col. Kumer are present today to respond to the letter iii. Councilor Magill says she has only been on the Board for two meetings; she brought up the HRC’s concerns to Col. Kumer, who then volunteered to speak here today 1. Will allow Col. Kumer to respond iv. Commissioner asks Councilor Magill to explain her role on the Board 1. She responds she is still in the process of determining her role 2. The Board is an oversight board 3. The two meetings so far have been about accessibility of medical care; has asked for explanations of the system and care provided to individuals there 4. Is planning to visit the jail soon to view conditions, but current COVID conditions are preventing her from doing so v. Commissioner asks who has the authority to mandate changes 1. Col. Kumer does not know who can mandate his staff to have vaccines; however, to make changes, this conversation is part of the process 2. There is not any one person with all of the power; Col. Kumer’s boss is the ACRJ Board Authority, which is made of all three sheriffs of Nelson County, Albemarle County, and City of Charlottesville; three executive representatives from each jurisdiction (Steve Carter, Doug Walker, and Ashley Marshall); one at-large and one citizen representative of the City and County; and a member of each City Council or Board 3. There are other regulatory agencies like the Dept of Corrections and Dept of Criminal Justice Services that also make sure Col. Kumer’s actions comply with the law 4. The Board has the authority to mandate changes, even if Col. Kumer disagrees vi. Commissioner asks about the current COVID status at the ACRJ, and what has been the response to the policies the HRC has either recommended or inquired about 1. 17 active COVID cases; had not had a positive case in the last three days, but there was a positive this evening 2. Peak was 3.5 weeks ago, and cases have declined ever since 3. Cases reflect that of the surrounding area; when there are higher cases in the community, there will be higher cases in the jail 4. Believes cases are on the decline, but still intends to keep restrictions in place vii. Regarding cleaning supplies 1. Cleaning supplies are issued 2x per day (in the morning and evening) 2. The jail uses the chemical Lemonex to kill the COVID virus, mold, etc. (recommended by the EPA and CDC) a. There are certain chemicals you cannot use in an occupied area b. Lemonex is blue, so many people think it is Windex that is being used 3. Jail does not provide hand sanitizer to anyone except staff a. Because CDC recommends that soap and water is the best way to prevent COVID, which is always available b. Because hand sanitizer must be 60% or greater alcoholic content, and about 70% of the jail population has substance abuse issues (there is a possibility of someone abusing the sanitizer and becoming very ill) 4. Dept of Corrections Standards says jail cannot leave cleaning supplies inside a housing unit because of potential for being misused, and if there are too many, there can be noxious fumes a. Also, the living area itself is small with many people, and since the virus is spread by air, the cleaning supplies are not as effective viii. Regarding masks and vaccine mandates 1. All inmates are given two masks, but because of the large number of people in a small space, masks are not as effective in the housing units 2. However, masks are required in the hallways as inmates move throughout the facility 3. Staff are required to wear an N95 mask when 6ft or less from an inmate or when entering a housing unit a. Are requested to wear an N95 at all times, but there are long shifts 4. Inmate vaccine rate is 64%; the population is always changing (new unvaccinated people are often coming in), so this 64% rate is the maintained figure 5. Staff vaccine rate is 63%; there is a $150 incentive after a second dose and another $150 incentive to get a booster 6. Inmates are immediately asked when they come in whether they are vaccinated, and if they are not, they are offered the vaccine then and there (vaccinations are checked) a. Are offered a canteen bag of snacks for every dose they get b. Some individuals refuse to get vaccinated, and sometimes, the virus spreads despite vaccinations ix. Commissioner asks about preventative protocols; asks why Col. Kumer cannot mandate staff to get the vaccine and what other factors are preventing the 64% figure from being higher 1. Supply is not an issue; jail gets vaccines directly from the state 2. There is a vaccine clinic every Thursday, and if someone wants a vaccine before leaving, they can get one 3. Cannot force inmates to take the vaccine or withhold their rights until they take the vaccine x. Commissioner asks what preventative procedures are in place 1. New inmates get a health screening, including a temperature check, symptoms check, and COVID test; then, if negative, they will go to a quarantine unit with anyone else who came in the same day for 14 days a. If they test positive in that time, they will immediately go into quarantine with individuals who are also positive 2. Then, they will be placed in general population xi. Commissioner asks what the jail has done in terms of home electronic incarceration 1. Home incarceration is usually the most efficient way to get inmates out of the jail 2. Expanded the program greatly for COVID; turned it into the largest program in the state in terms of percentage of population and numbers (at one point there were 85 people in the program out of a jail population of ~360) 3. Now, there are 59 people in home electronic incarceration and 294 people in the facility 4. Constantly screening people in the population to ensure that everyone who is eligible to be in the program is given the opportunity 5. Also use home electronic incarceration pre-trial for those not allowed out on bond a. Those at greater risk for COVID are especially put in home incarceration 6. Sometimes, the crimes that people have committed prevent them from entering the program (murder, rape, robbery, domestic violence, malicious wounding, etc.) xii. Commissioner asks if the rates are different for women vs men 1. Not a huge difference in infection rates, though rates will change if one gender’s bloc has an outbreak and the other doesn’t a. Would assume men’s rates may be higher because men’s housing areas are larger 2. Facility is currently about 90% men and 10% women xiii. Commissioner asks about the possibility of using filtration units 1. The building is old and does not have duct work; however, they are looking into this for the expansion xiv. Commissioner asks if unvaccinated individuals receive regular testing or testing when showing symptoms 1. If they have been exposed or are symptomatic, they get tested; are asked to screen for symptoms a. No weekly testing; Commissioner notes that non-regular testing allows for more spreading when cases are non- symptomatic 2. Staff are provided 10 days’ leave when sick 3. Operate under the idea that every person one comes into contact with is positive 4. Tests given to new inmates are rapid tests; PCR tests are also available, but Col. Kumer is not sure when they are used xv. Commissioner asks about Mr. Feero's comment about inmates being denied access to religious services 1. Churches are not being brought into the facility at this time, but the jail's non-denominational chaplain and his assistant chaplain and volunteers work every day; religious access has never stopped 2. Commissioner asks why individuals may feel their religious needs are not being met a. Church services used to be brought inside the jail which people could sign up for; this is no longer happening, but there are two paid staff and five volunteers who can provide cell-side services 3. Col. Kumer offers Mr. Feero his cellphone number if he wants to discuss his concerns in greater detail 4. Commissioner asks about the mental health of inmates a. Jail stays are difficult for mental health; average length of stay for men is 60 days and average length of stay for women is 34 days b. Jail tries to combat loneliness through tablet system (available 8am-11pm) through which inmates can access virtual visits, a phone books, movies, games, etc.; some services cost money while others are free c. There is a full mental health team that can provide services to inmates when they need it d. Commissioner asks for Col. Kumer to summarize these points and send it to the Commission 5. Commissioner asks if there may be a difference between what is available to inmates and what they are aware is available to them a. Inmates are handed the tablet upon arrival, the chaplain travels throughout the facility, the handbook given to all inmates has information, and staff members are available for questions b. Not every inmate may be aware of this information, though there are plenty of ways to find it xvi. Commissioner asks if those in the home electronic incarceration program are being charged 1. Individuals who determine themselves able to pay can pay, though the vast majority of people do not pay 2. $4 per day for inmates by jail; $3.50 per day for jail by monitoring company (extra 50 cents for inmates is for drug/alcohol test) 3. Before the pandemic, it was $13 per day, and the state of VA required jails to charge a fee for home electronic incarceration services; jail immediately waived all fees when the pandemic began 4. Commissioner asks if the $13 per day will come back a. Before, the state had required jails to charge, but Col. Kumer worked with Delegate Sally Hudson to get the law changed, so no inmates will be charged for services now unless they are able to pay the $4 xvii. Commissioner asks if Col. Kumer is not allowed to require staff vaccinations, or if he does not want to require them 1. Col. Kumer is unsure with recent changes if he is allowed to require vaccinations (UVA has ended mandatory vaccinations) 2. Would require vaccinations if he had to, but would be reluctant to, as this would make the jail lose staff members a. Commissioner says the jail has the responsibility to prioritize individuals’ health b. Col. Kumer says he has considered implementing a mandate, but his view is similar to other sheriffs and superintendents around the state that jail needs to keep its staff i. Is already down 30 officers; needs to prioritize safety of inmates for not just COVID 3. Supports vaccinations, but needs to weigh the pros and cons of requiring them 4. Commissioner asks whether individuals who do not want contact with non-vaccinated individuals have the choice to avoid them a. Vaccinated and unvaccinated staff and inmates must all interact with each other 5. Commissioners express dissatisfaction with the inaction xviii. Commissioner asks if lack in staff is since COVID 1. Yes; individuals with significant medical concerns have retired early or reached breaking point; there have also been less applications, and law enforcement is no longer as valued in the community xix. Chair offers to exchange contact information and come to the facility once it is safe to do so 1. Councilor Magill is available for questions in her new position 2. Also points out that after the jail received questions in January, it has posted a running count of new COVID cases, current COVID cases, and cleared COVID cases on its website c. OHR Staff report i. Report is attached in agenda packet ii. Has been doing follow-up with Mary at Midway Manor regarding resident concerns 1. Door-to-door outreach with people present at the meeting or who had signed the petition to management; 26 doors over two days 2. Writing another sign-on letter to request a meeting with ownership; there are currently nine signatures iii. Hiring: currently in process of doing interviews; decision should come early March iv. Going to fully switch to .gov emails beginning 3/1 for FOIA purposes; let Todd know if there are any questions 1. May shift all collaborative documents to OneDrive as well 2. May request for some OneDrive orientation at the retreat 5. WORK SESSION a. No ad-hoc committee updates b. Discussing the HRC Rules and Procedures amendments i. Has all changes to consider (Martha's Rules, getting rid of standing committees in favor of ad-hoc committees, etc.) ii. Commissioner says Commission does not always abide by Martha's Rules 1a) "Proposal should always be in writing” (pg. 10 of Rules and Procedures), so maybe this should be changed iii. Commissioners should look at Martha's Rules to ensure they align with the Commission's actual procedures, so voting on them will be tabled for now c. Public and Subsidized Housing Panel Discussion (02/22/2022, 6:00pm) i. Will be via Zoom ii. Encourages the public to share iii. Requested the Mayor and City Council to be present, but they are unable to attend because of the holiday iv. HRC Chair and Vice-Chair will be meeting with Councilor Payne prior to the panel discussion v. Mary adds that many Midway Manor residents said they do not have access to a computer or are unsure how to access the Zoom link, so they are working on getting volunteers to be present at Midway Manor to help residents access the panel 1. Especially want to hear from residents of public and subsidized housing about their concerns 2. Commissioner asks if there is common room where the panel can be projected 3. OHR staff says there is a TV where residents could access the channel on which the panel will be aired; also, maybe residents could be provided a phone number to call in 4. Will talk to LAJC for volunteers vi. Commissioner asks if there will be issues with getting broadcasted since this meeting will be occurring at the same time as City Council 1. This is a concern, though the projector should work if the meeting does not get broadcasted on TV (Todd can coordinate with whoever is going to be at Midway Manor during that time to get them a projector) 2. Should not move the panel d. Town Hall Meeting (03/24/2022, 6:30pm) i. Polls went out and respondents have until the end of the month to complete it ii. There is an opportunity to be on TV next Thursday 2/24 to be on TV to talk about the Town Hall meeting (can reschedule if needed) iii. Speakers will be determined based on the poll results iv. Commissioner asks if there will be a comment and response time limit 1. Maybe there could be breakout rooms to foster open communication; will have to think about what to do if breakout rooms are not possible 2. OHR staff says breakout rooms may not be possible because this would remove the public access to the discussion 3. If there are any ideas, talk to Todd, and he can ask Communications v. Currently, there are 124 responses to the survey 1. Emergency housing access is primary topic with 49 responses; second is quality of affordable public and subsidized housing vi. Commissioner asks OHR staff if there is any plan of moving meetings to be in person anytime soon 1. There was some talk of moving meetings to be in person in March, but this was about a month ago; there have been no updates since then 2. Todd will ask and update Commissioners 3. In-person meetings will be in CitySpace; hybrid meetings may also be an option vii. Commissioner says the Dialogue on Race initiatives that created the HRC often happened in small breakout groups that were not recorded or captured in minutes; asks why this is not possible for the Town Hall 1. DoR was a long series of meetings over multiple years that got broken into task forces; these were not publicly-appointed bodies 2. Commission is publicly-appointed body, so when there is a meeting attended by more than two Commissioners, it must be publicly available and publicly noticed in advanced (otherwise, it would have to be marked as a closed session) 3. If the panel were in person, then people would be able to access more 4. Another Commissioner would like to know what exactly the limitations are regarding breakout rooms e. HRC Annual Retreat (04/23/2022, 10:00am) i. Chair will begin drafting the agenda to present at the next meeting 1. Would like to talk about procedures, onboarding, deciding what to focus on in the Commission, training (maybe Hollaback! bystander training) ii. Email Jessica if there are any questions/requests iii. Commissioner suggests waiting until after the Town Hall to decide on which initiatives to push for in the next year 6. MATTERS BY THE PUBLIC a. PUBLIC COMMENT i. Ang Conn 1. ACRJ questions a. Asks for number of people who qualify for HEI but have not been released b. Asks for breakdown of charges by percentage of those currently detained at ACRJ c. Asks for number of female-identifying women and number of them who have tested positive for COVID 2. Midway Manor elevator concern—estimated maintenance date is in March, which is problematic ii. Richard Feero 1. Clarifies that he has heard that chaplains are stretched thin because of the lack of group meeting, not that inmates are altogether being denied religious services a. Inmates he knows are not getting much human contact 2. Tablets are appreciated and wants those to continue, but believes human contact is important (with family, with each other, etc.) 3. Says it is necessary to learn how to live in a world where not everyone is vaccinated b. COMMISSION RESPONSE TO MATTERS BY THE PUBLIC i. Col. Kumer 1. Cellphone number is (434) 962-3015; encourages community members with concerns to reach out and have a conversation 2. To Mr. Feero a. Agrees that COVID has slowed many programs down, but they are looking into starting them back up again 3. To Ms. Conn a. Number of people in ACRJ who could be on HEI but are not is 0 as of today i. Jail reviews population frequently to reevaluate who is eligible ii. Reviews by the courts also occur at sentencing and at bond hearings iii. Joe Platania and Jim Hingeley, City and Commonwealth's Attorneys, have been instrumental in safely getting people out of jail b. Percentage of charged types (those charged with DUIs, drug distribution, etc.) is not handy at the moment, but Col. Kumer can send this information to the Chair c. Does not currently have information on number of women who have contracted COVID in jail, but he can work on getting this information to the Commission i. Can get statistics broken down by sex, race, etc. if the data is readily available ii. There are about 30 women in the jail at the moment d. COVID statistics given during the discussion today did apply to both men and women 4. Expresses desire to develop a working relationship with the Commission as the person in charge of the jail; Chair agrees and emphasizes the Commission's desire to take concrete action ii. Mary 1. Regarding Ms. Conn's elevator concerns: Midway Manor building was created for elderly and disabled people, so people cannot physically leave their homes when the elevator is not working 2. Agrees it is a profound matter of community concern 3. Commissioner asks if one or both elevators are not working a. Just one at the moment, but there have been times when both were out for extended periods of time 7. COMMISSIONER UPDATES a. None 8. NEXT STEPS a. Upcoming events i. Public and Subsidized Housing Panel Discussion: 02/22/2022, 6:00pm ii. Town Hall Meeting: 03/24/2022, 6:30pm iii. HRC Annual Retreat: 04/23/2022, 10:00am b. Let Todd and/or Jessica know if there are any questions/concerns regarding anything discussed during this meeting (especially regarding meetings listed above) 9. ADJOURN a. Meeting adjourned at 8:14 pm Attachment 3 Human Rights Commission Meeting Minutes Public & Subsidized Housing Panel Discussion February 22, 2022 Virtual/Electronic Meeting 6:00 pm Public link to meeting rebroadcasts on Boxcast: https://boxcast.tv/channel/vabajtzezuyv3iclkx1a Public link to HRC documents on Box: https://app.box.com/s/xty3wnn2s1tj8h7trkknvd79bipyxezy 1. WELCOME a. CALL TO ORDER i. Chair, Jessica Harris, called the meeting to order at 6:08 pm b. ROLL CALL i. Jessica Harris ii. Ernest Chambers iii. Jeanette Abi-Nader iv. Mary Bauer v. Wolfgang Keppley vi. Kathryn Laughon vii. Lyndele Von Schill c. MISSION (recited by all): Act as a strong advocate to justice and equal opportunity by providing citywide leadership and guidance in the area of civil rights. 2. PRESENTATION & DICUSSION a. The Public Housing Association of Residents (PHAR) and Legal Aid Justice Center (LAJC) will present information related to availability and conditions in subsidized housing b. Victoria Horrock: attorney at LAJC i. LAJC is a free legal aid serving income-eligible residents of Charlottesville and surrounding counties; especially focuses on housing 1. Can call the office to get advice or assistance from an attorney ii. Virginia Tenants’ Rights Laws in this area, especially related to conditions, are inadequate for most tenants iii. Everyone who is a tenant in VA is protected by VA Residential Landlord Tenant Act (VRLTA) 1. Requires landlords to keep unit in “fit and habitable condition” 2. Repairs should be made within 14-30 days of written notice (unless an emergency, in which case must be remedied within 24 hours of notification) iv. Commissioner asks how quickly landlords must respond to emergencies 1. There is not a clear law for what qualifies as an emergency, but Victoria assumes that emergencies must be addressed in 24-72 hours for issues like flooding v. It is illegal for landlords to retaliate against tenants for asking for repairs vi. Federal and state housing laws prevent discrimination in housing 1. LAJC and OHR can help individuals with these issues 2. Issues in conditions and affordability do not affect people equally vii. Subsidized apartments from money from federal government have some of the worst conditions; tenants in these types of housing situations have increased tenant rights under federal law c. Shelby Edwards: Executive Director of Charlottesville PHAR i. PHAR’s mission is to “Educate and Empower Low-Income Residents to Protect and Improve Our Own Communities through Collective Action” 1. Through PHAR internship program, housing redevelopment efforts, community organizing, and Residents for Respectful Research 2. 24 CFR, 964: HUD regulation that gives PHAR the power to achieve its mission ii. Current state of public housing 1. Tell Shelby if anyone would like access to the documents she references during the presentation 2. Vinegar Hill is one of many examples of racially motivated segregationist policies with significant impact on affordable housing in Charlottesville a. Disinvestment in the public housing occurred under the narrative that poor conditions came as a result of the people living in it, a cycle of impoverished families b. However, this is not the case; families live in public housing not out of an unwillingness to achieve self- sufficiency, but because housing (a scarce resource and basic human right) is priced as a luxury in the United States c. Would have to examine public housing from a resident’s perspective to determine whether it is effective 3. Affordability encompasses the residents-- “affordable housing” meets the needs of residents making 0-30% of the area median income a. PHAR gives residents agency in undoing systems of oppression by providing decent and affordable public housing b. Cultural problems still exist, however iii. Midway Manor is not public housing, but PHAR is still here today to advocate on behalf of them 1. In two years, the lease signed last year will end, and residents will have nowhere to go 2. Think about who in Charlottesville is really catering to residents making 0-30% AMI a. Charlottesville Redevelopment and Housing Authority (CRHA) is working hard to cater to these residents 3. Urges Midway Manor owners to keep residents informed no matter what happens iv. Commissioner asks who owned Midway Manor before and sold or leased it to the company that is only keeping it under lease for two more years 1. Shelby does not have the answer to this 2. Victoria says the company that owns the building and land is a big LLC probably created only to own the building; the management company is separate a. Both have recently switched 3. There is public application to renew tax credits for the building a. It is a federal program that imposes certain income restrictions in exchange for tax credits b. In the program, rent does not automatically go all the way to the 0-30% AMI 4. What is expiring in two years is a Housing Assistance Payment (HAP) contract, which is what makes Midway Manor affordable a. The company has said it will keep Midway Manor affordable, but there are questions as to what affordability means v. OHR staff says after the meeting with residents in November 2021, people from the meeting composed a letter to the owner at the time, WHH Trice, to specifically request a meeting with corporate leadership to discuss housing conditions 1. Building changed hands in December to owner Standard Property Company and management company Franklin Johnston Group 2. Resent the letter to the Franklin Johnston Group and received fairly robust response to questions from the letter, including confirming that they intend to apply for 30-year renewal 3. However, they did not confirm whether they would have a meeting between corporate leadership and residents, so after recently sending another letter, the Franklin Johnston Group representative said this morning that tomorrow (2/23) the company would send out details about holding a meeting a. A chance for residents to hear what the plan is directly from corporate leadership vi. Commissioner asks if number of accessible subsidized housing units is currently meeting the demand 1. Shelby says in 2016, there were about 1,100 families on the waiting list for public housing in Charlottesville waiting for 376 units a. In deep need for more affordable housing units 2. Victoria adds that the National Income Housing Coalition estimated last year the statewide gap being 200,000 affordable housing units to meet demand a. Also, public housing does not work the same way as Social Security—you do not necessarily get it even if you are eligible b. Only about 1 in 4 families who are eligible for affordable housing get it 3. Shelby recommends the scholarly article “We call these project home,” which says that there is a shortage of about 6 million units for extremely low-income residents and 5 million units for low- income renters across the country, so gap exists at local and national level a. Will provide link to this article 4. Shelby does not currently have information pertaining to accessibility, but would like to do some research and follow up vii. Chair says she and Vice-Chair were able to have an informative meeting with Councilor Payne, and is excited to share what they learned with the Commission 1. Councilor Payne mentioned that there must be change in policies and laws; for instance, changing the fire code to say there must be two elevators working instead of only one 2. Think about what laws should be changed to address concerns discussed today 3. PUBLIC COMMENT a. Joy Johnson i. Has been public housing resident since 1983 ii. Says that according to HUD definitions, one must be making $60,000 or $80,000 per year to qualify for a tax-credit unit iii. Residents are looking to other funding in order to make it affordable iv. HRC, CRHA, and PHAR could help with educating the public v. Every time you do tax credit, the entire building is a tax-credit building 1. The investors make this decision, and they can pull out at any time vi. Conditions have been poor; still in the process of righting wrongs 1. Units getting rebuilt are going to get rehabbed, so people may have to move then come back 2. Many just assume public housing does not work 3. Not just rebuilding public housing, but affordable public housing for people 0-60% AMI vii. Shelby reiterates that they are trying to dismantle the systems that the City put into place in the 1960s and 1970s, trying to give power back to residents viii. Commissioner asks what “educating the public” would look like and what current efforts are lacking 1. Ms. Johnson says community does not understand all of the things that go together to make a deal to build/rebuild 2. People do not understand what block grant money is to be used for 3. Monticello Area Community Action Agency (MACAA) used to be an advocacy group that made sure the community understands what is going on with housing and jobs, but community education has since dwindled 4. Zoning is a huge issue; there are neighborhoods to this day with rules that say Black people cannot live there 5. Despite talks of equity and equality, certain people still face significant obstacles a. The people making the decisions for low-income individuals are often never the low-income individuals; it is very difficult to find the time and resources to be completely informed of the systems and processes b. Residents must partner with more powerful organizations like the HRC and PHAR to enact change 6. Same thing is happening to units in Belmont as Midway Manor; will also happen to Hearthwood (a tax credit project) a. Must educate everyone, not just certain people ix. Chair thanks Ms. Johnson for speaking and invites her to partner more closely with the HRC; agrees there are many things the public is not aware of 1. Ms. Johnson adds that the community is not just African Americans anymore; there are other ethnicities and backgrounds (6 or 7 languages) 2. The language barrier is a big problem in public housing 3. IRC families in every corner of public housing 4. Chair says Commission is working on making HRC documents more accessible in terms of language availability and plain language x. Vice-Chair asks who Mr. Sales is 1. Shelby answers John Sales is the Executive Director of the Charlottesville Redevelopment and Housing Authority; has been there a little over a year 2. Vice-Chair recognizes Mr. Sales for what he has been trying to do in fixing maintenance issues 3. Wishes City could put more pressure on developers who decide they are not going to put affordable housing in place 4. Likes Ms. Johnson’s idea of the parallel track 5. Wishes individuals had more opportunity for upward mobility; Charlottesville has a small middle class a. Shelby adds that for many residents, public housing is the key to upward mobility because it is reflective of their income b. Starting to think about the future of Midway Manor now and including residents in that process is a good idea 6. Commissioner says the HRC has the power to bring recommendations to the highest governmental body in the City b. John Sales i. Open to listening to concerns about public housing and housing with vouchers ii. 376 public housing units, but over 400 vouchers out on the street, so total capacity is much higher 1. Can put sanctions on landlords to restrict them from leasing up a voucher in other units they may own iii. Has been in contact with Todd; is also open to speaking at a future HRC meeting c. Joy Johnson i. Highlights the 12 women at South 1st St who took the time to learn about zoning, critical slopes, site plans, etc. 1. The public should know about all of these housing and infrastructure issues 2. Suggests these women should be invited so they can explain to the Commission what they have learned ii. Emphasizes that housing is a human right, and the City has not committed to defining what “affordable housing” is iii. Commissioner agrees that he would like to see the City’s definition of affordable housing (the City as a whole, not just City Council) iv. Victoria adds that Mariah, another LAJC attorney, has delved more deeply into the City’s plans 1. There is no clear definition of affordable housing here; definitions vary in different City documents 2. Shelby supports the idea of the Commission pushing the City for a clear definition v. Commissioner says HRC is planning its annual retreat, and the Commission will take the information from this meeting to the retreat vi. Chair says that the Commission intends to come up with a handful of issues to keep pressing Council about 1. Will find people on Council to help HRC press for certain issues 2. Had plan for Midway Manor to be represented at the meeting tonight; technology did not work out, but credits team who was able to talk previously with Midway Manor residents 3. OHR staff adds that there is a discussion to be had about housing and homelessness and what other supports people need, like with mental health and substance use 4. There has been a series of listening sessions that Ashley Reynolds-Marshall has been hosting with many people in the housing provider and homelessness services provision realms a. There will be another summit about action items vii. Commissioner adds that she hopes the Commission will be attentive to the zoning process that is soon occurring 1. Legislative changes are a long-term goal, but in the present, the Commission can have a say in zoning plans 2. New zoning will allow for not having to rely on proffers; the City can enforce the type of housing built 3. Urges making sure the voice of the HRC is keeping conversations on track d. Chair summarizes the main themes of tonight's meeting: zoning, educating the public, partnerships of power i. Will continue these conversations, especially in deciding on issues during the annual retreat 4. ADJOURN a. Meeting adjourned at 7:17 pm Attachment 4 Office of Human Rights Todd Niemeier Monthly Staff Report March 2022 Service Provision Data: • Complete data entered through February 2022. Partial data entered for March 2022. o Data for open and closed inquiries and complaints has been updated. o Lily Gates, OHR Intern, continues to take the lead on data entry – Thanks, Lily! Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Open office days in the month 22 20 21 22 23 20 22 22 20 23 19 18 252 Total Incoming & Outgoing Contacts 297 184 8 0 0 0 0 0 0 0 0 0 489 Total Incoming Contacts 214 152 7 0 0 0 0 0 0 0 0 0 373 Average Incoming & Outgoing Contacts/Day 14 9 0 0 0 0 0 0 0 0 0 0 2 Average Incoming Contacts/Day 10 8 0 0 0 0 0 0 0 0 0 0 1 Referrals from Sin Barreras 0 0 0 0 0 0 0 0 0 0 0 0 0 Contacts in Spanish 3 3 0 0 0 0 0 0 0 0 0 0 6 Total Staff Follow-ups (Outgoing) 34 23 1 0 0 0 0 0 0 0 0 0 58 Total Third-Party Contacts (Outgoing) 49 9 0 0 0 0 0 0 0 0 0 0 58 Total Client Follow-ups (Incoming) 146 103 6 0 0 0 0 0 0 0 0 0 255 Total Third-Party Contacts (Incoming) 55 29 0 0 0 0 0 0 0 0 0 0 84 Total General Contacts (Incoming) 8 17 1 0 0 0 0 0 0 0 0 0 26 Total New Inquiries (Incoming) 4 3 0 0 0 0 0 0 0 0 0 0 7 Total New Complaints (Incoming) 1 0 0 0 0 0 0 0 0 0 0 0 1 Total Allegations (Both I&C) 1 0 0 0 0 0 0 0 0 0 0 0 1 Total I&C: Locality - Cville 4 2 0 0 0 0 0 0 0 0 0 0 6 Total I&C: Locality - Albemarle 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: Locality - Other or Not Specified 1 1 0 0 0 0 0 0 0 0 0 0 2 Total Inquiries: P.A. - Employment 1 2 0 0 0 0 0 0 0 0 0 0 3 Total Inquiries: P.A. - Housing 2 1 0 0 0 0 0 0 0 0 0 0 3 Total Inquiries: P.A. - Public Accommodation 1 0 0 0 0 0 0 0 0 0 0 0 1 Total Inquiries: P.A. - Credit 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Inquiries: P.A. - Private Education 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Inquiries: P.A. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Complaints: P.A. - Employment 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Complaints: P.A. - Housing 1 0 0 0 0 0 0 0 0 0 0 0 1 Total Complaints: P.A. - Public Accommodation 0 0 0 0 0 0 0 0 0 0 0 0 0 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Total Complaints: P.A. - Credit 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Complaints: P.A. - Private Education 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Complaints: P.A. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total employment discrimination allegations 0 0 0 0 0 0 0 0 0 0 0 0 0 Employment allegations in Charlottesville 0 0 0 0 0 0 0 0 0 0 0 0 0 Employment allegations in Albemarle Co. 0 0 0 0 0 0 0 0 0 0 0 0 0 Emp. allegations in Cville referred to EEOC 0 0 0 0 0 0 0 0 0 0 0 0 0 Emp. allegations in Alb. Co. ref. to EEOC 0 0 0 0 0 0 0 0 0 0 0 0 0 Total housing discrimination allegations 1 0 0 0 0 0 0 0 0 0 0 0 1 Housing allegations in Charlottesville 1 0 0 0 0 0 0 0 0 0 0 0 1 Housing allegations in Albemarle 0 0 0 0 0 0 0 0 0 0 0 0 0 Total public accommodation discrimination allegations 0 0 0 0 0 0 0 0 0 0 0 0 0 Public accommodation allegations in Cville 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Other (Unprotected) activity allegations 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Age 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Disability 2 0 0 0 0 0 0 0 0 0 0 0 2 Total I&C: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - National Origin 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Pregnancy 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Childbirth or Related Medical Conditions 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Race 0 1 0 0 0 0 0 0 0 0 0 0 1 Total I&C: P.C. - Color 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Sex 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Gender Identity 0 1 0 0 0 0 0 0 0 0 0 0 1 Total I&C: P.C. - Sexual Orientation 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Source of Funds 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Not specified 3 0 0 0 0 0 0 0 0 0 0 0 3 Total I&C: P.C. - Other (Unprotected) 0 1 0 0 0 0 0 0 0 0 0 0 1 Total Counseling Contacts 5 7 1 0 0 0 0 0 0 0 0 0 13 Total Employment Counseling 1 0 0 0 0 0 0 0 0 0 0 0 1 Total Housing Counseling 3 6 1 0 0 0 0 0 0 0 0 0 10 Total Public Accommodation Counseling 0 1 0 0 0 0 0 0 0 0 0 0 1 Total Credit Counseling 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Private Education Counseling 0 0 0 0 0 0 0 0 0 0 0 0 0 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Total Other (Unprotected) Counseling 1 0 0 0 0 0 0 0 0 0 0 0 1 Total Contacts resulting in Referrals 0 0 0 0 0 0 0 0 0 0 0 0 0 Referrals to CSRAP 0 0 0 0 0 0 0 0 0 0 0 0 0 Referrals to LAJC 0 0 0 0 0 0 0 0 0 0 0 0 0 Referrals to CVLAS 0 0 0 0 0 0 0 0 0 0 0 0 0 Referrals to PHA 0 0 0 0 0 0 0 0 0 0 0 0 0 Referrals to EEOC 0 0 0 0 0 0 0 0 0 0 0 0 0 Referrals to DPOR 0 0 0 0 0 0 0 0 0 0 0 0 0 Referrals to Other 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Age 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Disability 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - National Origin 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Pregnancy 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Childbirth or R.M.C. 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Race 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Color 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Sex 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Gender Identity 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Sexual Orientation 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Not specified 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Age 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Disability 1 0 0 0 0 0 0 0 0 0 0 0 1 Total Housing Complaints: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - National Origin 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Pregnancy 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Childbirth or R.M.C. 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Race 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Color 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Sex 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Gender Identity 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Sexual Orientation 0 0 0 0 0 0 0 0 0 0 0 0 0 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Total Housing Complaints: P.C. - Source of Funds 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Not specified 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Age 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Disability 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - National Origin 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Pregnancy 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Childbirth or R.M.C. 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Race 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Color 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Sex 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Gender Identity 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Sexual Orientation 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Not specified 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Open Inquiries 5 Total Closed Inquiries 2 Total Dismissed Inquiries 0 Total Open Complaints* 1 Total Closed Complaints 0 Total Dismissed Complaints 0 Primary Service: Appointment Set-up 3 3 0 0 0 0 0 0 0 0 0 0 6 Primary Service: Clerical Assistance 0 0 0 0 0 0 0 0 0 0 0 0 0 Primary Service: Counseling 5 7 1 0 0 0 0 0 0 0 0 0 13 Primary Service: Event Information 0 0 0 0 0 0 0 0 0 0 0 0 0 Primary Service: Investigation Activity 16 1 0 0 0 0 0 0 0 0 0 0 17 Primary Service: Information 269 168 7 0 0 0 0 0 0 0 0 0 444 Primary Service: Mediation Related Services 4 5 0 0 0 0 0 0 0 0 0 0 9 Primary Service: Outreach Coordination 0 0 0 0 0 0 0 0 0 0 0 0 0 Primary Service: Public Hearing 0 0 0 0 0 0 0 0 0 0 0 0 0 Primary Service: Volunteer Coordination 0 0 0 0 0 0 0 0 0 0 0 0 0 Primary Service: Helpline - COVID Response 0 0 0 0 0 0 0 0 0 0 0 0 0 * "Total Open Complaints" only reflects complaints opened in the current year. Complaints filed in years prior may still be open but not included in this figure. Administrative Tasks: • Hiring process: Community Outreach & Administrative Specialist o Offer of hire accepted: pre-employment screening pending • Amendments to Charlottesville Human Rights Ordinance for FHAP substantial equivalence under review o No additional steps taken this month o Pending follow up for HUD includes the following:  Clarifying the federal vs. state definitions and standards for reasonable vs. probable cause  Clarifying whether federal timeframes are business days or calendar days for continuity throughout ordinance  Clarifying whether housing enforcement procedures can include separate language that distinguishes “rendering a determination” vs. “filing a charge,” given that Council must pass the ordinance prior to HUD’s approval of FHAP status and likely before Council will fund adequate staffing in the City attorney’s office to accommodate filing civil actions o There is a clear need to think carefully about the staffing required in both the OHR and City Attorney’s Office and how that will be funded before we enter into the FHAP agreement • No new work on FEPA agreement, as FHAP process take precedence o Recall that the FHAP agreement provides substantial opportunities and resources to expand and improve the OHR, whereas the FEPA increases workload with insufficient support to increase staffing or training Reporting: Report Status CY2020 HRC & OHR Annual Report Draft completed and included in agenda packet for Commission review CY2021 Department Scorecard Not yet initiated CY2021 HRC & OHR Annual Report Not yet initiated Active Cases of Discrimination: Case # Protected Activity Protected Class(es) Status 2020-2 Housing Race Complainant referred to LAJC for legal counsel pro bono program. 2021-2 Employment Race Awaiting signature on settlement agreement from complainant. 2021-4 Employment Sex Investigation in progress. 2021-5 Employment Sexual Orientation, Race Investigation in progress. 2021-11 Housing Disability Respondent agreed to mediate. Complainant agreement pending. 2021-12 Housing Disability Unable to reach complainant following complaint submission. 2022-1 Housing Disability Currently in mediation. Outreach: • Service Provision o Midway Manor  Property manager has left  Property owner is working with CRHA to develop a plan to finance building renovations and stated a public commitment to long-term subsidy renewal  OHR submitted a resident petition to owner and property manager requesting an in-person meeting • Property management responded that they would notify residents that a meeting would be scheduled o Community-based Recovery and Support Advisory Board  Outreach opportunity: Friday, March 25, 3:00pm to 5:00pm, Riverside public housing • Commissioners are encouraged to attend, assist with community clean-up, and meet with residents • Education & Awareness o On hold due to staff capacity • Facilitation & Leadership o Public Housing Association of Residents – Residents for Respectful Research (RRR)  OHR Director continues to serve on the advisory board to provide input and guidance, as requested  R3 Reviewers currently in training with R3 Coordinator o Affordable Housing  Thomas Jefferson Planning District Commission (TJPDC) awarded $250K Virginia Eviction Reduction Program (VERP) implementation grant • OHR Director sits on advisory panel to the implementation grant • First quarter meeting March 30, 2022  Piedmont Housing Alliance has opened the Financial Opportunity Center and Housing Hub • VERP funding to hire housing navigator and landlord relations coordinator  UVA Equity Center Virginia Housing Justice Atlas Advisory Group • Multi-partner group working in collaboration with RVA Eviction Lab to collect data on evictions • May be a good source of information for future advocacy regarding right to counsel o CRHA Resident Services Committee – Neighborhood Crisis Intervention sub committee  Continued monthly and sometimes bi-monthly meetings to develop a potential alternative, peer-supported crisis intervention system that can supplement and support clinical services and can intervene in lieu of ECO/TDO system o Support for People Experiencing Homelessness  DCM for REDI coordinated a series three meetings to gather input from community members and local service providers to gather information about priorities for addressing the needs of people experiencing homelessness in the community • Pending follow-up with meeting facilitators to plan next steps  OHR staff invited to participate in meeting arranged by TJACH with individuals experiencing homelessness to recently submitted an open letter (see attached) requesting dialogue with service providers to address shortcomings in the local support system • Meeting scheduled for Tuesday, 3/15 at 10:00 AM in the Swanson Case Room in the Central Library • OHR Staff will be in mandatory investigator refresher training with the EEOC and cannot attend. Commissioners are encouraged to attend. Attachment 5 Rules & Procedures for Charlottesville Human Rights Commission Adopted: 2/20/14 Amended: July 16, 2015 RULES AND PROCEDURES OF THE HUMAN RIGHTS COMMISSION CITY OF CHARLOTTESVILLE, VIRGINIA The Human Rights Commission, established pursuant to Article XV, Sections 2-430 to 2-443 of the Charlottesville City Code (the Charlottesville Human Rights Ordinance), hereby adopts the following rules and procedures for the execution of its duties and responsibilities thereunder: 1. Composition of the Human Rights Commission 1.1. The Commission membership shall consist of no less than nine members appointed by City Council, and shall be broadly representative of the City's population, with consideration of racial, gender (including gender identity, transgender status, and sexual orientation), religious, ethnic, disabled, socio-economic, geographic neighborhood and age groups within the City. 1.2 Of the members first appointed, at least three shall be appointed for terms of three years, at least three shall be appointed for terms of two years, and at least three shall be appointed for terms of one year. Thereafter members shall be appointed for terms of three years each. Despite the expiration of a member’s term, the member shall continue to serve until a successor is appointed by City Council. Any vacancy during a term shall be filled by the City Council for the unexpired portion of that term. Following notice to the member, any member of the Commission may be removed for good cause by a majority vote of City Council. 1.3 Members of the Commission shall serve without compensation, but funds may be appropriated in the City’s annual budget for reasonable and necessary expenses to be incurred by Commission in the conduct of its prescribed functions. 2. Officers and Duties 2.1 Officers. The officers of the Human Rights Commission shall be a Chair, a Vice Chair and a Secretary, who shall have the duties set forth below. 2.2 Duties of Officers. (1) Chair. The Chair shall be elected from the Commission's membership. It shall be the duty of the Chair to execute all documents on behalf of the Commission, to act as liaison between the Commission and the Office of Human Rights and Director of the Human Rights Commission, to cause all resolutions, approvals and other actions of the Commission to be executed or carried out, to determine that all matters delegated to the Commission by state statute, city ordinance, or at the instance of the City Council are properly brought before the Commission. 1 Rules & Procedures for Charlottesville Human Rights Commission Adopted: 2/20/14 Amended: July 16, 2015 (2) Vice Chair. The Vice Chair shall be elected from the Commission's membership, and shall exercise the powers and perform the duties of the Chair during the absence, disability or disqualification of the Chair. (3) Secretary. The Director of the Human Rights Commission shall be the Secretary of the Commission. The Secretary shall not be a member of the Commission, and shall have no right to vote. It shall be the duty of the Secretary to keep minutes of the Commission's proceedings in accordance with the requirements of the Virginia Freedom of Information Act (“FOIA”) and any other applicable provisions of law; to give notices required by law or these bylaws; to prepare, in consultation with the Chair, the agenda for all meetings of the Commission; to be custodian of and maintain the Commission's public records and other records, as required in the performance of its duties and functions; to inform the Commission of correspondence relating to the business of the Commission and to respond to such correspondence unless responsibility is otherwise assigned by the Chair; to act as liaison with the City Manager, City departments and agencies, and to execute on behalf of the Commission any documents requiring the signature of the Secretary. In the event the Secretary is absent from any meeting, the Chair presiding at the meeting shall designate an individual to perform the duties of Secretary for that meeting. 2.3 Terms and Vacancies. The term of office for the Chair and Vice Chair shall be for one year. The Chair shall be eligible for reappointment to no more than one additional one year term. Should any vacancy occur among the offices described above, the Commission shall fill that vacancy as promptly as practicable and the individual elected to such office shall serve for the unexpired term of that office. 2.4 Officer Elections Procedures. The Chair shall appoint a nominating committee of no less than three members of the Commission, who shall meet in October of each year to make recommended nominations for the offices of Chair and Vice Chair. The recommended slate will be presented to the full Commission at the December meeting. At the Commission's January meeting of each year, the officer election rules currently in place (attached) may be invoked by any member who wishes to make nominations in addition to the Nominating Committee's recommended slate. 3. Meetings 3.1 Annual Meetings. The Commission shall hold an annual organizational meeting, which shall take place during the first regular meeting of the Commission in the month of January of each year. At the organizational meeting, the members of the Commission shall elect officers, establish its regular meeting schedule, and adopt the work plan for the ensuing year. The Commission may also conduct such other business as shall be placed on the agenda in accordance with the provisions of these bylaws. 2 Rules & Procedures for Charlottesville Human Rights Commission Adopted: 2/20/14 Amended: July 16, 2015 3.2 Regular Meetings. Regular meetings shall be held on the third Thursday of each month. The basic order of business will be as set forth in 4.3, following below. 3.3 Special Meetings. Special meetings may be called by the Chair, the Vice Chair in the absence of the Chair, or by any two members, upon written request to the Secretary. 3.4 Work Sessions. Work sessions are special meetings that may be held at the request of the Chair, or the Vice Chair in the absence of the Chair. Work sessions shall be held for the purpose of inquiry and discussion and no official action shall be taken at such meetings. 3.5 Public meetings; exceptions for Closed Sessions. Meetings of the Commission shall be open meetings, as that term is defined within FOIA, except that the Commission may hold closed meetings when authorized pursuant to Va. Code Section 2.2-3711, and upon compliance with the closed meeting procedures and certification requirements set forth within Va. Code Section 2.2-3712. 3.6 Notice of Meetings. 3.6.1. The Secretary shall give notice of all meetings (annual, regular, special and work session) to all members of the Commission, five days prior to such meeting, or, for a special meeting or work session, such other notice as is reasonable under the circumstances. Such notice shall state the time and place of such meetings. With respect to regular meetings and the annual meeting, such notice shall be accompanied by an agenda prepared in accordance with the provisions of these rules and procedures and accompanied by such documentation as may be reasonable to permit the members of the Commission to consider the business which they are called upon to act. With respect to work sessions and special meetings, the notice shall state the purpose of the meeting or the nature of the discussion or inquiry to be undertaken and shall be accompanied by such documentation as may be available and practicable to provide to enable the members of the Commission to thoughtfully consider the business to come before the meeting. 3.6.2. The Secretary shall place notice of the date, time and location of each Commission meeting in a prominent public location at which notices of City Council meetings are regularly posted, and shall also post such notice on the City’s website. This public notice shall be posted at least three (3) working days prior to the meeting; however, notice of a special meeting or work session may be given upon fewer than 3 days’ notice, if reasonable under the circumstances and if such notice is given contemporaneously with the notice provided to Commission members. At least one copy of all agenda packets and, unless a specific FOIA exemption applies, all materials furnished to Commission members for a meeting, shall be made available for public inspection in the office of the Director/ Secretary at the same time such documents are furnished to the Commission. 3 Rules & Procedures for Charlottesville Human Rights Commission Adopted: 2/20/14 Amended: July 16, 2015 3.6.3. For the purposes of this section, and as used throughout these rules and procedures, the term “notice” shall mean and include any format within the definition of a “public record” set forth in FOIA, at Virginia Code Sec. 2.2-3701. 4. Conduct of Meetings. 4.1 Quorum. A majority of currently serving Commissioners (“quorum”) must be in attendance at a meeting of the Commission in order for business to be legally transacted. Except as expressly provided in Virginia Code Section 2.2-3708(G) or 2.2-3708.1, the Commission shall not conduct a meeting where its business is discussed or transacted through any means of communication where the members are not physically assembled. 4.2 Procedure. All meetings of the Commission shall be conducted in accordance with Martha’s Rules of Order as amended and adopted by the Commission on February 20, 2020. Roberts' Rules of Order (Newly Revised) as applicable to small boards. The Chair of the Commission, or in his or her absence, the Vice Chair, or in the absence of both, the person having been designated by the Chair as parliamentarian shall preside at meetings of the Commission. 4.3 Proceedings. At any meeting of the Commission, the Commission may hear, review, discuss and act upon, and otherwise transact business related to, any matters within its role, and within the scope of its duties and responsibilities, as described within the Charlottesville Human Rights Ordinance. At any regular meeting and annual meeting of the Commission, the order of business to come before the meeting shall be as expressed on the agenda sent out with the notice of the meeting provided, however, the presiding officer, with the consensus or affirmative vote of a majority of the Commissioners, may change the order of business on the agenda for any reason, or may add a matter to the agenda. 4.4 Voting. All business transacted by the Commission shall be authorized by a vote of the majority of members present and voting taken at a lawful meeting conducted in accordance with these rules and procedures. At all meetings of the Commission, each member present shall be entitled to cast one vote providing there is a physical quorum. A decision on whether to hold a public hearing on a complaint of an unlawful discriminatory practice shall not be valid unless authorized by a majority of the full Commission members. No vote of the Commission shall be taken by secret or written ballot. A member may vote by telephone or other electronic communication means as expressly authorized by FOIA Section 2.2-3708.1. 4.5 Committees. The Commission may, in its discretion, delegate any of its duties or responsibilities to a panel of not less than three Commissioners. Any such panel shall constitute a committee of the Commission, which shall transact the delegated business of the Commission following the same rules, procedures and meeting requirements applicable to the Commission, except it shall not be authorized to vote on any matter. Rather, any such committee shall bring its recommendations to the full membership of the Commission for a vote in accordance with these rules. No such committee may include individuals who are not members of the 4 Rules & Procedures for Charlottesville Human Rights Commission Adopted: 2/20/14 Amended: July 16, 2015 Commission; however, the Commission may appoint advisory committees or form task forces which may include individuals who are not members of the Commission. 4.5.1 Ad hoc Committees. The Chair may recommend the formation of Ad hoc Committees for the purpose of addressing specific issues of concern to the Commission or to develop and implement projects approved by the Commission. Standing Committees. The following standing committees of the Commission have been formed by resolution in accordance with these rules and meet regularly as follows: Administrative Matters Committee Community Engagement Committee Age, Disability, and Religious Discrimination Committee Race Discrimination Committee Sex Discrimination Committee The Chair of the Commission appoints members of each Ad hoc Committee standing committee and a Chair of each committee is selected from committee members. Commission staff is responsible for assisting Committee chairs with setting Committee meeting agendas and preparing Committee reports for presentation to the full Commission during its regular meetings. 5. Conflicts of Interest. 5.1 All members of the Human Rights Commission are subject to the Virginia State and Local Government Conflict of Interests Act (Va. Code 2.2-3100 et seq.) (“COIA”) and are required to read and familiarize themselves with the provisions of COIA. 5.1.1. In the event that any member shall have a “personal interest in a transaction” as defined by Va. Code Section 2.2-3101, in a matter before the Commission, the member shall be required to make a declaration of such interest before participating in the transaction, and the member may be required to disqualify himself from participating in the transaction. The member’s obligations in a given situation shall be determined in accordance with Va. Code Section 2.2-3112. It is the obligation of each member to ascertain whether he or she has a personal interest in a transaction, and to take action in accordance with Va. Code 2.2-3112 immediately upon concluding that a personal interest does exist; however, the issue of personal interests of a commission member may also be raised by other members or by individuals who are not members. Any member of the Commission may request an advisory opinion from the Commonwealth's Attorney or the City Attorney or his or her representative, as to whether a personal interest exists and, if so, what are the Commissioner’s obligations under COIA. An opinion of the Commonwealth’s Attorney or the City Attorney shall have the effect specified in Va. Code Sec. 2.2-3121. 5 Rules & Procedures for Charlottesville Human Rights Commission Adopted: 2/20/14 Amended: July 16, 2015 5.1.2. Every declaration and disqualification required pursuant to COIA shall be reflected in the public records of the Commission for a period of five (5) years, in the office of the Director/ Secretary. 5.1.3. In the event of a disqualification, the disqualified member shall be prohibited from (i) attending any portion of a closed meeting when the matter in which he or she has a personal interest is discussed, and (ii) discussing the matter in which he or she has a personal interest with other members of the Commission, with the Director, or with other officers or employees of the City government, at any time. 5.1.4. At all times, Commission members shall conduct themselves and the Commission’s business in accordance with all applicable requirements of COIA, including those provisions not specifically referenced within these rules and procedures. 6. Community Participation 6.1 Public notice. Public notice of all meetings of the Commission will be provided as set forth in 3.6, above. In addition, the Commission may direct the Secretary to give additional or special notice, or advertise or announce specific matters before the Commission, as the Commission may deem appropriate. 6.2 Public Participation. At the beginning and at the end of each of its open meetings the Commission will receive public comment in accordance with City Council’s “Rules for Public Participation," which Rules are hereby adopted and incorporated by reference within these rules and procedures, as rules of the Commission. 7. Amendments. These bylaws, rules and procedures may be amended by vote of a majority of the Commission at any meeting provided, however, notice of such proposed amendment shall be given to each member of the Commission in writing at least five days prior to such meeting. 6 Rules & Procedures for Charlottesville Human Rights Commission Adopted: 2/20/14 Amended: July 16, 2015 AMENDMENTS Charlottesville Human Rights Commission Policy on Individual Participation in Meetings by Electronic Means under §2.2-3708.1 of the Virginia Code Administrative Policy No. 1: Approved May 21, 2015 I. Policy Statement: It is the policy of the Charlottesville Human Rights Commission (CHRC) that individual members of the CHRC may participate in meetings of the Commission by electronic means as permitted by Virginia Code §2.2-3708.1. II. Eligibility: This policy shall apply to the entire membership of the CHRC and without regard to the identity of the member requesting remote participation or the matter considered or voted on at the meeting. A. Emergency/Personal Absence: Members unable to attend the meeting due to an emergency or personal matter qualify under this policy provided that the individual can identify with specificity the nature of the emergency or personal matter, the public body holding the meeting the meeting records in its minutes the nature of the emergency or personal matter, and the remote location from which the member participate is identified in the minutes. B. Disability Absence: Members of a public body unable to attend the meeting due to a medical condition qualify under this policy provided that the individual notifies the chair of the public body that such member cannot attend a meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance, the public body records this, and the remote location from which the member participates is identified in the minutes. III. Quorum Required: Whenever an individual member wishes to participate from a remote location, a quorum of the CHRC must be physically assembled at the meeting location, and arrangements will be made for the voice of the remote participant to be heard by all persons at the meeting location. IV. Meeting Procedures: The reason that the member cannot attend the meeting and the remote location from which the member participates will be recorded in the meeting minutes. When such individual participation is due to an emergency or personal matter as designated in section II A above, such participation is limited to two meetings or 25 percent of the meetings of the CHRC per member each calendar year, whichever is fewer. 7 Rules & Procedures for Charlottesville Human Rights Commission Adopted: 2/20/14 Amended: July 16, 2015 V. Approval Process: Individual participation from a remote location shall be approved by the Chair of the CHRC, unless such participation would violate this policy or the Virginia Freedom of Information Act (FOIA). VI. Challenges: If a member’s participation from a remote location is challenged, then the Commission members present shall vote whether to allow such participation. If the commission votes to disapprove the member’s participation because such participation would violate this policy, such disapproval will be recorded in the minutes with specificity. VII. General Applicability to Committees: This policy applies to all committees, subcommittees, and task forces of the CHRC. Where remote participation occurs at a sub-committee or task force the chair of such committee shall assume responsibility for the approval process. 8 Rules & Procedures for Charlottesville Human Rights Commission Adopted: 2/20/14 Amended: July 16, 2015 Election of the Chair and Vice-Chair Adopted March 20, 2014 The Human Rights Commission Rules and Procedures (2.2) provide that a Chair and Vice-Chair shall be annually elected. This is to set forth the customary procedure as modified from the 2013 City Attorney memo regarding the election of Mayor and Vice-Mayor for the City of Charlottesville. 1. The Director will Chair the meeting during the officer elections process. 2. The Director will ask for nominations for the Office of Chair. 3. Only names that are moved and seconded will be placed in nomination. Any Commission member may move or second his or her own name. 4. After one or more persons are nominated and it appears that no one else wishes to make a nomination, the Director will ask if there are any further nominations. If there are no responses, the Director will declare that nominations for the Office of Chair are closed. 5. Commissioners will then vote on the first person nominated for the Office of Chair. A Commission member who is nominated may vote for himself or herself. 6. If a majority of those present and voting affirmatively vote for the first candidate, that person is elected Chair and there is no further voting. If the first candidate does not receive a majority, the Commission will then vote on the second person nominated. If no nominee receives a majority, there will need to be a motion, second and vote on reopening nominations. 7. After a Commissioner is elected as Chair, the same procedure will be followed for the election of Vice-Chair. Following the election of the Vice-Chair, the newly-elected Chair will chair the remainder of the meeting. 9 Rules & Procedures for Charlottesville Human Rights Commission Adopted: 2/20/14 Amended: July 16, 2015 Martha’s Rules of Order As adopted by the HRC on February 20, 2020 1. The proposal is presented. Clarifying questions are taken. a. Proposal should always be in writing. 2. Friendly amendments are offered. Discussion is allowed only on the amendments. a. Amendments should be prepared in advance when possible. 3. Speakers in favor of the proposal present their views. a. This is not a time for debate. b. Time limits should be set and enforced. 4. Speakers in opposition to the proposal present their views. a. This is not a time for debate. b. Time limits should be set and enforced. 5. General discussion and/or debate OR small group discussion time on the proposal is allowed. a. Time limit on discussion is set by the group. b. Facilitator helps group identify key issues. c. Motion to table or refer is in order and requires ¾ vote. 6. First vote is taken. a. People vote i. In favor of the proposal, or ii. Can live with the proposal, or iii. Opposed to the proposal. b. If a majority of those present votes “in favor” or “can live with,” proceed to Step 8. c. If less than a majority of those present votes “in favor” or “can live with,” proposal dies. 7. Those voting in opposition are allowed to state their objections and concerns. a. No discussion is allowed, only clarifying questions. 8. The second vote is taken as in Step 6. a. It takes a majority of those present to override objections and pass the proposal. 10 Attachment 6 CITY OF CHARLOTTESVILLE, VIRGINIA MEMO TO CITY COUNCIL Date Submitted: TBD Contacts: Jessica Harris, Chair, Human Rights Commission Todd Niemeier, Director, Human Rights Commission Title: CY2020 Annual Report – Human Rights Commission & Office of Human Rights Introduction The Charlottesville Human Rights Commission, in partnership with the Office of Human Rights, acts as a strong advocate for justice and equal opportunity by providing citywide leadership and guidance in the area of civil rights. The Charlottesville Human Rights Ordinance (Chapter 2, Article XV of the Code of the City of Charlottesville), outlines the roles, duties, and responsibilities of the Human Rights Commission (HRC) and the Office of Human Rights (OHR). Per Sec. 2-433 of the Charlottesville Human Rights Ordinance, prior to the passage of the amended Ordinance on February 1, 2021, it is the role of the HRC and OHR to: (a) Identify and review policies and practices of the City of Charlottesville and its boards and commissions and other public agencies within the City and advise those bodies on issues related to human rights issues. (b) Collaborate with the public and private sectors for the purpose of providing awareness, education and guidance on methods to prevent and eliminate discrimination citywide. (c) Assist individuals who believe they are the victim of an act of unlawful discrimination within the City. (d) Make recommendations regarding the City’s annual legislative program, with an emphasis on enabling legislation that may be needed to implement programs and policies that will address discrimination. As required by Sec. 2-441. of the Charlottesville Human Rights Ordinance, the following report provides an overview of the work of the HRC and OHR during calendar year 2020 (CY2020. 1 CY2020: HRC Detailed Overview CY2020 was a year of transition and growth for the HRC. With the departure of long-time HRC Director and OHR Manager Charlene Green at the end of February, the HRC was tasked with thinking about the future of the HRC under new direction and within the context of the proposed Police Civilian Review Board (PCRB) and Office of Racial Equity, Diversity, and Inclusion (REDI). In March, the COVID-19 pandemic closed City offices and halted all City Boards and Commissions meetings until June. When in reconvened via virtual meetings in June, the HRC focused on implementing the goals it identified at its retreat in February and on preparing for a work session with City Council to discuss the future of the OHR. While the work session with City Council never took place, the Commission presented a CY2019 annual report detailing recommendations for the future of the OHR. During the HRC’s annual retreat on February 3, 2020, Commissioners identified the following areas of focus for 2020: 1. Letters of Support a. Continue to write letters of support coupled with a better understanding of the supported groups b. Grounded in the background work of the HRC 2. Motivate City Council and the City Manager to support the HRC 3. Pursue FEPA status 4. Advocate for response and action the City when providing recommendations 5. Increased public awareness 6. Improved HRC member attendance at meetings 7. Have clear priority City policy issue areas a. ADA access for deaf and hard of hearing at City Council b. LGBTQ+ employee rights and benefits c. Equitable policing i. Explore relationship with to the Civilian Review Board ii. Explore collaboration with the People’s Coalition iii. Explore HRC’s role in community/police relations d. Housing i. Potential advocacy around HB6 and HB357 ii. Explore relationship with the Charlottesville Low-income Housing Coalition iii. Explore relationship with the Housing Advisory Committee 2 The table below summarizes the specific actions taken by the HRC in CY2020, aligned with the roles defined by Sec. 2-433 and the duties and responsibilities defined by Sec. 2-434 and Sec. 2-435 of the Charlottesville Human Rights Ordinance. Date Roles (Sec. 433) Duties and Responsibilities Action Notes Sec. 2-433. (a) Identify and review policies and practices of the City of As part of a proposed work session and CY2019 annual Charlottesville and its report to City Council, the HRC prepared a draft chart boards and commissions Sec. 2-435 8/20/2020 Recommendations to Council outlining the potential flow of work and dialogue between and other public agencies Systemic issues the HRC, PCRB, and the proposed Office of REDI. within the City and advise (Attachment 1) those bodies on issues related to human rights issues. Sec. 2-433. (a) Identify and review policies and practices of the City of As part of the above referenced proposed work session Charlottesville and its and CY2019 annual report to City Council, prepared a boards and commissions Sec. 2-435 draft revised job description for the vacant HRC 8/20/2020 Recommendations to Council and other public agencies Systemic issues Director/OHR Manager position that included some within the City and advise considerations recommended by local social justice those bodies on issues groups. (Attachment 2) related to human rights issues. Sec. 2-433. (b) Collaborate with the public and private sectors for the purpose of Sec. 2-434 The HRC wrote a letter to UVA President Jim Ryan 8/24/2020 providing awareness, Community dialogue and Letter of Position advocating for community safety regarding COVID-19 education and guidance engagement. and students returning to campus. (Attachment 3) on methods to prevent and eliminate discrimination citywide. 3 Date Roles (Sec. 433) Duties and Responsibilities Action Notes Sec. 2-433. (b) Collaborate with the public and private sectors The HRC wrote a letter in response to UVA President Jim for the purpose of Sec. 2-434 Ryan's reply to the HRC previous letter. The HRC 9/7/2020 providing awareness, Community dialogue and Letter of Response encouraged specific actions that UVA could take to education and guidance engagement. ensure community safety during the COVID-19 on methods to prevent pandemic. (Attachment 4) and eliminate discrimination citywide. Sec. 2-433. (d) Make recommendations regarding the City’s annual legislative program, with an The HRC adopted the attached legislative Sec. 2-435 9/17/2020 emphasis on enabling Legislative Recommendations recommendations to City Council for the 2021 session of Systemic issues legislation that may be the Virginia General Assembly. (Attachment 5) needed to implement programs and policies that will address discrimination. Sec. 2-433. (b) Collaborate with the public and private sectors for the purpose of Sec. 2-434 The HRC wrote a letter to several social justice groups 9/18/2020 providing awareness, Community dialogue and Letter of Response after reviewing their list of recommended changes to the education and guidance engagement. Charlottesville Human Rights Ordinance. (Attachment 6) on methods to prevent and eliminate discrimination citywide. 4 Date Roles (Sec. 433) Duties and Responsibilities Action Notes Sec. 2-433. (a) Identify and review policies and practices of The HRC adopted Resolution HR20-1 requesting that the City of Charlottesville City Council take all available action within their legal and its boards and Sec. 2-435 10/30/2020 HRC Resolution authority to promote a continued moratorium on evictions commissions and other Systemic issues resulting from the detrimental impacts of COVID-19 on public agencies within the the local economy. (Attachment 7) City and advise those bodies on issues related to human rights issues. Sec. 2-433. (a) Identify and review policies and practices of The HRC adopted Resolution HR20-2 outlining the the City of Charlottesville process by which the HRC would recommend to Council and its boards and Sec. 2-435 that a Commissioner be removed for good cause for 12/17/2020 HRC Resolution commissions and other Systemic issues engaging in activities that are harmful to the Commission public agencies within the and undermine public trust in the Commission and its City and advise those duties and responsibilities. (Attachment 8) bodies on issues related to human rights issues. Following the Virginia General Assembly's passage of amendments to state laws, including the Virginia Human Sec. 2-433. (a) Rights Act (Va. Code Title 2.2, Chapter 39) and the Identify and review Virginia Fair Housing Law (Va. Code Title 36, Chapter policies and practices of 5.1), the HRC held a series of work sessions to draft the City of Charlottesville proposed amendments to the Charlottesville Human and its boards and Sec. 2-435 12/17/2020 Policy Review & Recommendations Rights Ordinance (Chapter 2, Article XV or the Code of commissions and other Systemic issues the City of Charlottesville) in order to bring the local public agencies within the ordinance in line with state law and to refine elements of City and advise those both the HRC's and OHR's duties and responsibilities. bodies on issues related to The HRC voted to adopt the attached memo and proposed human rights issues. amendments to the Human Rights Ordinance for recommendation to City Council. (Attachment 9) 5 CY2020 Summary and Analysis of HRC Work Duties and Summary and Analysis Roles Responsibilities Sec. 2-433. (a) Sec. 2-435 Summary Identify and review policies and Systemic issues The HRC put a strong focus on planning for the future practices of the City of of the HRC and OHR regarding human rights Charlottesville and its boards and enforcement, the relationship of the HRC and OHR to commissions and other public other equity-centered City offices and boards, and agencies within the City and human rights issues related to the COVID-19 advise those bodies on issues pandemic. related to human rights issues. Analysis The HRC faced barriers to sharing its policy recommendations to with City Department Directors and City Council due to reduction in public meetings caused by the COVID-19 pandemic and the turnover of City leadership, including the loss of the Director of the Human Rights Commission. The HRC prepared materials for a City Council work session to discuss the future of the HRC and OHR within the context of the new PCRB and Office of Equity, Diversity, and Inclusion but was unable to meet with Council in 2020. Sec. 2-433. (b) Sec. 2-434 Summary Collaborate with the public and Community dialogue The HRC’s community engagement centered around private sectors for the purpose of and engagement. the human rights impacts of the COVID-19 pandemic, providing awareness, education specifically the impact to the community of students and guidance on methods to returning to the UVA campus and the effect of prevent and eliminate COVID-19 on housing and evictions. The HRC also discrimination citywide. dedicated multiple meetings and work sessions with staff to consider and respond to proposals made by community members regarding changes to the Human Rights Ordinance. Analysis Despite the restrictions on public meetings, the HRC made efforts to stay engaged with the public through virtual public comment and be being responsive to community inquiries. The HRC has expressed a desire to explore more ways to hear from and engage with the public both in virtual and in-person forums. 6 Duties and Summary and Analysis Roles Responsibilities Sec. 2-433. (c) Sec. 2-439.1 Summary Assist individuals who believe Enforcement The HRC has not been called upon to fulfill this role in they are the victim of an act of authority the last four years. unlawful discrimination within the City. Analysis Limitations to enforcement authority may contribute to the lack of discrimination complaints that rise to the level of appeals or public hearings. This could change if Council adopts changes to the Human Rights Ordinance that expand the enforcement authority of the Office of Human Rights to mirror recent changes in state law. While during the annual retreat the HRC expressed as desire to pursue a Fair Employment Practices Agency (FEPA) workshare with the Equal Employment Opportunity Commission (EEOC), the loss of staff and inability to hold a work session with City Council limited forward progress on this objective. Sec. 2-433. (d) Sec. 2-435 Summary Make recommendations Systemic issues The HRC continued to complete this responsibility regarding the City’s annual with a set of general recommendations legislative program, with an emphasis on enabling legislation Analysis that may be needed to implement The HRC has expressed a desire for more robust action programs and policies that will in this role. Better synchronization with the City fiscal address discrimination. and State legislative calendar could increase engagement. 7 CY2020: OHR Detailed Overview In CY2020, the OHR staff included Charlene Green, OHR Manager/HRC Director (through the end of February 2020) and Todd Niemeier, Community Outreach & Investigation Specialist. On March 16, 2020, the Office of Human Rights closed to in-office appointments due to the COVID-19 pandemic, and staff worked remotely for the remainder of 2020, with limited in-person engagement outside the office, as required for individual service work. The following section provides an in-depth look at the specific work the OHR conducted in 2020. Within the Human Rights Ordinance, the OHR’s roles, as well as its duties and responsibilities, are not separated from those of the HRC. The OHR supports the HRC in its work to fulfill its roles as defined by Sec. 2-433 of the Human Rights Ordinance. The OHR is however the primary body that upholds Sec. 2-434. Duties and responsibilities – Community dialogue and engagement and Sec. 2-437. Duties and Responsibilities – Investigation of individual complaints and issuance of findings. The following detailed overview summarizes the work of the OHR in these two areas during CY2020. Community Outreach (As aligned with Sec. 2-434 of the Human Rights Ordinance) Community outreach is one of the primary tools used by the OHR to both encourage citizens to report allegations of discrimination and to prevent discrimination from happening in the first place. Systemic change requires major shifts in how society operates. Societal shifts start with individual awareness, education, and a willingness to make change. The OHR categorizes outreach in three ways: 1. Service Provision 2. Education & Awareness 3. Collaboration & Leadership Under the leadership of Charlene Green, community outreach was one of the primary strengths of the OHR. Ms. Green’s departure, coupled with the COVID-19 pandemic, led to a dramatic decrease in community outreach activity in 2020. The following table provides an overview of the limited community outreach work the OHR was able to complete in 2020. Most outreach activity centered around Collaboration & Leadership, as requested by community groups seeking OHR guidance on issues related to human rights or equity, diversity, and inclusion. 8 The chart below summarizes the community outreach activities of the Office of Human Rights in 2020. Collaborating Groups Meetings Outcomes OHR staff met with Executive Director Courtney Charlottesville Albemarle Cacatian to discuss ideas around the expansion of 1 Convention and Visitors Bureau equity, diversity, and inclusion within the work of the Bureau. OHR staff met with City staff leading the Charlottesville Climate Action Charlottesville Climate Action Initiative to offer 2 Initiative feedback regarding engaging marginalized populations in future outreach. As a member of the planning team, OHR staff helped lead portions of large group meetings of food-focused non-profits and City staff. These Charlottesville Food Justice Network 4 meetings mostly focused on the Charlottesville (Large Group) Food Equity Initiative and proposed revisions to City’s comprehensive plan to include food equity language. OHR staff served as a member of the planning Charlottesville Food Justice Network team and assisted with the group’s work to plan 3 (Planning Team) the above-mentioned large group meetings and with food justice advocacy in Charlottesville. OHR staff was invited to hear the Foundation’s vision for improving relationships between Charlottesville Police Foundation 1 community members and police and to offer perspectives from the standpoint of human rights. OHR staff collaborated with staff from People and Congregations Engaged in Ministry (PACEM) to launch a project with Code for Charlottesville to build a web-based, affordable housing navigation tool for local housing navigators to use when Code for Charlottesville 8 assisting individuals in their housing search. OHR staff provided feedback throughout the software development process and connected Code for Charlottesville to housing navigators to vet the product. OHR staff regularly attended these meetings to plan community outreach activities in public and subsidized housing neighborhoods. While direct community outreach was put on hold due to the Community Based Recovery & 9 COVID-19 pandemic, we continued to meet to Support Advisory Group share cross-organizational updates and information in preparation for future outreach and to update the individual community members whom each organization supports. 9 Collaborating Groups Meetings Outcomes C3 staff met with OHR staff to discuss community outreach and engagement strategies focused on Community Climate Collaborative 1 climate issues. OHR staff shared several community (C3) connections with C3 staff and helped make introductions for relationship-building. OHR staff was invited to provide feedback on the CRHA Relocation Committee 1 CRHA relocation planning for Crescent Halls. OHR staff met with a sub-committee of this group to discuss strategies around landlord outreach and Housing Advisory Committee 1 relationship-building to improve access to affordable housing. OHR staff organized a group of local non-profits and government agencies working in the realm of affordable housing to discuss potential ways to Housing Hub Discussion Group 2 develop a centralized housing navigation hub. This effort dovetailed with the work of Code for Charlottesville to create a web-based housing navigation tool. OHR staff served on the Community Research Review Board Advisory Group. OHR staff worked with PHAR staff, PHAR Board members, and community members to develop the initial Public Housing Association of framework for the Community Research Review Residents (PHAR) Board. The intent of this initiative was to create a 6 Community Research Review Board community-member led body to review graduate Advisory Group level research proposals before research is executed in low-wealth communities. The focus of the work this year was to develop an MOU with UVA and prepare job descriptions and hiring plans for a program coordinator and resident reviewers. This committee contacted OHR staff for input on planning community outreach to inform the future Rivanna Technical Committee 1 improvements along the Rivanna River corridor. OHR staff shared various community contacts and made recommendations for groups to contact. OHR staff and one HRC Commissioner remained in contact with VAHR. The VAHR is an organization with representatives from all HRCs and OHRs in Virginia Association of Human Rights Virginia who convene with the purpose of sharing 1 (VAHR) information and practices as relate to the protection of human rights in Virginia. VAHR meetings were limited this year due to the pandemic. OHR staff remains on the WGC Task Force as a Welcoming Greater Charlottesville liaison with the City and to provide input on ideas (WGC) 9 for outreach and programing to support refugees Task Force and immigrants in Charlottesville. 10 Individual Assistance (As aligned with Sec. 2-437 of the Human Rights Ordinance) Individual service provision continued throughout 2020 despite the physical closure of the office from March 16 through the end of the year. OHR staff continued to receive individual inquiries and complaints by phone, email, and text throughout the year while primarily working remotely to help prevent the spread of COVID- 19. As needed to assist with individual inquiries and complaints, OHR staff continued to meet individual members in the community to deliver documents, gather signatures, and facilitate communication, using CDC-recommended precautions to protect community member health. Additionally, in the early months of the pandemic, the Charlottesville Department of Human Services approached OHR staff for assistance with answering and responding to calls to the Community Resource Hotline. The Hotline was tasked with providing emergency rent and utility relief, along with other pandemic- related services, in partnership with United Way, the Charlottesville Area Community Foundation, and later the state-funded Rent and Mortgage Relief Program. OHR staff assisted with answering and returning calls, primarily for people who spoke only Spanish. This work accounts for most of the 231 incoming and outgoing contacts conducted in Spanish in 2020. The following section presents an overview the types of services provided to individuals who contact the OHR for assistance. The OHR Data Dictionary (Attachment 10) defines the terms used in the following data summaries. The OHR 2020 Individual Service Data table (Attachment 11) provides detailed individual service data by month. The following key terms from the data dictionary have been included below for clarity when interpreting the data that follows. Contact: All walk-ins, appointments, phone calls, text messages, and emails with individuals. Incoming Contact: Any walk-in, appointment, phone call, text message, or email from an individual seeking assistance from the Office of Human Rights. Outgoing Contact: All service-related contacts initiated by OHR staff. Complaint: An incoming contact in which an individual wishes to pursue action regarding an allegation of discrimination that falls within the jurisdiction of the OHR, as defined by the Charlottesville Human Rights Ordinance. Inquiry: An incoming contact involving services provided to an individual by the Office of Human Rights and/or an individual allegation of discrimination that falls outside the jurisdiction of the office, as defined by the Charlottesville Human Rights Ordinance. Client Follow-up: An incoming contact from an individual who has an open inquiry or complaint. Staff Follow-up: An outgoing contact in which staff communicates with an individual who has previously contacted the office. Third-party Incoming: An incoming contact with a person who is a third party to an individual directly involved with an inquiry or complaint. Third-party Outgoing: An outgoing contact with a person who is a third party to an individual directed involved with an inquiry or complaint. The person directly involved must give verbal or written consent for staff to initiate a third- party outgoing contact. 11 General Contact: An incoming contact that involves outreach coordination, event planning, volunteer coordination, or general information. The data presented below can also be found on the Office of Human Rights Department Scorecard. The Department Scorecard is an online reporting platform imbedded in the City website, which displays departmental performance as related to goals within the City’s Strategic Plan. Total Incoming Contacts During CY2020, the OHR received the following incoming contacts. Contact Type Total Number Total Incoming Contacts 1,160 New Complaints 2 New Inquiries 63 Client follow-ups 739 General Contacts 154 Third Party Incoming 202 The bar chart below shows the CY2020 contact data in relation to that of previous years. Data from prior to CY2018 was reanalyzed and redistributed into the contact categories listed above, for ease of comparison. The data pertaining to CY2014 Complaints was reviewed by jurisdiction and those contacts listed as Complaints that fell outside the jurisdiction of the OHR were reclassified as Inquiries. While contacts decreased overall between CY2019 and CY2020, it is notable that the total incoming contacts in CY2020 was only 690 fewer, despite the office being physically closed for nine and a half months of the year. This data corresponds to Measure 1.1 in the Department Scorecard. 12 Total Inquiries and Complaints by Location The OHR received a combined total of 65 new inquiries and complaints in CY2020. Of the 65 inquiries and complaints received, 50 originated in the City of Charlottesville, 10 in Albemarle County, and 5 in other localities or localities not specified. Of the 65 inquiries and complaints, 11 involved allegations of discrimination. This data corresponds with Measure 1.2 in the Department Scorecard. Total Inquiries by Protected Activity Of the 65 combined new inquiries and complaints received by the OHR in CY2020, 63 were inquiries and 2 were complaints. Of the 63 inquiries, 34 related to the protected activity of housing, 17 to employment, 3 to public accommodation, and 9 to activities not protected by the Human Rights Ordinance. To date, the OHR has not received an inquiry regarding credit or private education. This data corresponds with Measure 1.3 in the Department Scorecard. 13 Total Complaints by Protected Activity In CY2020, the OHR received 2 complaints: 1 within housing and 1 within public accommodation. This is a markedly lower number of contacts defined as “complaints” compared the reports from previous years. Starting in 2018, the definition of a complaint was refined to capture only those allegations of discrimination, which fall within the OHR’s jurisdiction. The other key factor that determines the number of contacts logged as complaints, is the individual’s interest in pursuing further action. If the individual does not choose to pursue further action, the contact is logged as an inquiry accompanied by an allegation of discrimination. Limits to the OHR’s jurisdiction often lead to referrals to other service providers that are better equipped to assist the individual. The chart below displays complaints by protected activity since 2014. The table below the chart provides summaries of the 2 complaints received in 2020. This data corresponds with Measure 1.4 in the Department Scorecard. Protected Protected Status Additional Information Activity Class(es) Housing Race Open This case was still under investigation at the end of 2020. Public Disability Closed This case was resolved through informal conciliation. Accommodation Note that this case was initially received in 2019, but the complainant decided to take formal action in 2020. 14 Total Combined Inquiries and Complaints by Protected Class This data displays the self-identified protected class or classes associated with the 65 inquiries and complaints received by the OHR in CY2020. The OHR does not log protected class data unless the individual self-identifies the protected class during counseling or intake discussions. The table below shows the classification of all 65 combined inquiries and complaints received in CY2020. Note that the total number of identified protected classes can be greater than the total number of inquiries and complaints, as some individuals identify more than one protected class associated with a particular inquiry or complaint. The list of protected classes below is expanded to include the protected classes contained within the proposed amendments to the Human Rights Ordinance to be considered by City Council. The list of protected classes mirrors those protected by Virginia state law. This data corresponds with Measure 1.5 in the Department Scorecard. Protected Class Total associated inquires and complaints Age 1 Childbirth or Related Medical Conditions 0 Color 4 Disability 8 Gender Identity 0 Marital Status 0 National Origin 1 Pregnancy 0 Race 5 Religion 0 Sex 4 Sexual Orientation 0 Source of Funds 2 Veteran Status 0 Not Specified 39 Other (non-protected) 4 15 Services Provided to Individual Contacts To better quantify the types of services provided to people who seek assistance, the OHR has developed a classification system to define service types. The pie chart below shows the percentage breakdown of service types for all 2,083 incoming and outgoing contacts in 2020. Referrals are not counted in this breakdown, as they are counted separately and are often a secondary service provided in addition to the services displayed below. Most service provision entailed providing information. This exchange could involve information related to an inquiry or complaint presented previously, or it could have been more general in nature. Services provided in partnership with the Charlottesville Department of Human Services for emergency response to the COVID-19 pandemic were categorized as Outreach Coordination. This work included 415 incoming and outgoing contacts, resulting in an unusually high percentage in the Outreach Coordination service area for 2020. Counseling was the third most often provided service. Counseling is only related to contacts classified as inquiries or complaints and involves providing guidance regarding potential options for resolution of a concern. This data corresponds with Measure 1.10 in the Department Scorecard. 16 Referrals to Other Services A total of 44 contacts resulted in referrals to other service providers. In some cases, a single contact resulted in multiple referrals, depending on the nature of the concern. The list below shows the primary agencies to which the OHR refers individuals. The pie chart below the list of agencies displays the percentage breakdown of referrals by agency. Below the chart is a list of the agencies that represent the “Other: 43.6%” of referrals. This data corresponds with Measure 1.11 in the Department Scorecard. • EEOC (Equal Employment Opportunity Commission): Individuals are referred to the EEOC for employment discrimination cases that are outside the jurisdiction of the Office of Human Rights, as defined by state and federal law and the Charlottesville Human Rights Ordinance. • DPOR (Department of Professional and Occupational Regulation): This is a state government department that houses the Virginia Fair Housing Office. Clients are referred to DPOR for formal fair housing discrimination investigations. • PHA (Piedmont Housing Alliance): Individuals were previously referred to PHA for counseling regarding landlord tenant disputes and preliminary counseling regarding fair housing discrimination allegations, prior to referral to DPOR. In 2018, PHA staff trained Office of Human Rights staff to conduct fair housing counseling work, which diminished referrals to PHA. • CVLAS (Central Virginia Legal Aid Society): Individuals are referred to CVLAS for assistance with a variety of legal issues raised during intake, often pertaining to the protected activities identified in the Charlottesville Human Rights Ordinance. In some cases, clients will have simultaneous cases with CVLAS and the Office of Human Rights. • LAJC (Legal Aid Justice Center): Individuals are referred to LAJC for assistance with a variety of legal issues raised during intake, often pertaining to the protected activities identified in the Charlottesville Human Rights Ordinance. In some cases, clients will have simultaneous cases with LAJC and the Office of Human Rights. • CSRAP (Charlottesville Supplemental Rental Assistance Program): This is a City funded program administered by the Charlottesville Redevelopment and Housing Authority (CRHA) that offers a portable subsidy for people in need of affordable housing. Individuals are referred to the CSRAP when they come to the office is search of affordable housing assistance. • Other: Individuals are also referred to a wide variety of other agencies and offices depending on the particular concerns they present. A list of these agencies is included below the pie chart. 17 Below is the list of agencies that fell into the "Other" referral category, 46.3% of referrals. These agencies are tangentially related to the direct work of the OHR but were determined by staff to be a viable option for some people seeking assistance. Note that some individuals were referred to several of these organizations following a single contact with the OHR. The data collection system does not count the individual times a person was referred to a specific agency when referrals to multiple agencies are aggregated under a single “Other” referral. Therefore, this is merely an alphabetical list of the "Other" organizations that received one or more referrals. • American Civil Liberties Union (ACLU) • Charlottesville Department of Human Services Community Resource Hotline • Charlottesville Department of Social Services – Benefits Division • Cruz Law, PLC • Jeff Fogel (local attorney) • Network 2 Work • PACEM – Secure Seniors Program • Prince William County Office of Human Rights • Region Ten Permanent Supportive Housing • Sin Barreras • Southern Poverty Law Center • U.S. Department of Justice Office of Civil Rights • UVA Innocence Project • UVA Maxine Platzer Lynn Women’s Center Free Legal Clinic • UVA Office for Equal Opportunity and Civil Rights • Virginia Lawyer Referral Service • Virginia Rent and Mortgage Relief Program (RMRP) 18 Key Takeaways from Individual Service Provision Data from CY2020 What the data says… What this means in practice… The OHR received 1,160 incoming contacts, for an average • The number of incoming contacts was three times higher of 5 incoming contacts per day. during the months the office was physically open. • 595 of these incoming contacts were received while • For most the year, the OHR was staffed by a single person, the OHR was physically open in January through meaning only one community member could be served at a March. time. o This is an average of 198 contacts per • In addition to incoming contacts, OHR staff conducted 668 month follow-up contacts with individuals who contacted the office • 565 of these incoming contacts were received while and 255 third-party contacts for the purpose of referral and/or the OHR was physically closed in April through service coordination, for a combined total of 2,083 incoming December. and outgoing contacts. o This is an average of 63 contacts per month. The OHR received 11 incoming contacts that involved an • Allegations of employment discrimination were the primary allegation of discrimination. type of discrimination claim received by the OHR in 2020. • 3 allegations of employment discrimination within o While the HRC has expressed interest in pursuing a Fair the City of Charlottesville: Employment Practices Agency (FEPA) workshare  1 was referred to the EEOC. agreement with the Equal Employment Opportunity  2 were pending receipt of a formal Commission (EEOC), the OHR had insufficient staffing in complaint at the end of 2020. 2020 to handle the potential caseload. • 2 allegations of housing discrimination within the o Given the changes to the Virginia Human Rights Act in City of Charlottesville: 2020 and the proposed amendments to the Charlottesville  1 resulted in a formal investigation that Human Rights Ordinance, the OHR could expand its was ongoing at the end of 2020. jurisdiction over employment complaints without entering  1 was closed because it was non- into a FEPA agreement initially. (Attachment 11) jurisdictional but referred for legal • Allegations of housing discrimination were the second most assistance. common complaint. • 1 public accommodation allegations within the City o The proposed amendments to the Charlottesville Human of Charlottesville: Rights Ordinance would ensure that the OHR has express  1 resultied in a formal investigation that authority to investigate jurisdictional complaints of housing was resolved through informal discrimination. conciliation. • With the absence of a Director of the HRC, OHR staff can • The remaining 5 allegations occurred outside the only conduct intake and pursue investigations under the City of Charlottesville or involved unprotected oversight of the City Manager, and the City Manager becomes activities. the default authority that renders determinations on complaints. Of the 2,083 documented incoming and outgoing contacts, • This points to the significant number of contacts related to 201 involved counseling services. Of those 201, 167 housing concerns, and specifically navigating the affordable concerned housing. housing market. • Anecdotal evidence suggests this is due to an overwhelming unmet demand for affordable housing navigation services in Charlottesville, coupled with a lack of supply of affordable housing for people earning below 30% AMI. 19 Of the 63 new inquiries and 2 new complaints received, • While allegations of discrimination attached to a specific individuals identified the following protected classes protected activity and class made up a small proportion of the associated with their concern: total incoming contacts, disability and race and/or skin color • 9 identified disability were the two most often identified reasons for discrimination • 5 identified race cited by the individuals who came to the OHR. • 4 identified skin color • 4 identified sex • 2 identified source of funds • 1 identified age • 1 identified national origin 20 Analysis of OHR Community Outreach and Individual Services for CY2020 Analysis Community Outreach Individual Services Successes • Despite the many closures and • Despite the physical closure of the OHR in restrictions due to the COVID-19 and March, the OHR received only 690 fewer the resignation of the Director of the incoming contacts than in 2019. In 2019, the HRC, OHR staff maintained OHR saw the highest number of incoming connections to both organizational contacts in the history of its existence. partners and members of the public. Challenges • The COVID-19 pandemic was an • Had there been no pandemic resulting in the obvious barrier to in-person outreach physical closure of the office, it is presumed and events. that incoming contacts would have remained • Had there been no pandemic, reduced at levels similar to those in 2019, which staffing would have been the primary would have been wholly unsustainable for a barrier to outreach. single staff person and would likely have • One OHR staff person is insufficient to resulted in poor service to the community. develop and execute effective • Soliciting and collecting satisfaction data community outreach and still handle all from individuals who have received services intake, investigatory, and administrative in the past is difficult to execute with a single duties for the OHR and HRC. staff person, as individuals may be reluctant to disclose information to the same staff person that provided the services. Opportunities • When it is safe to resume in-person • With support from City Council and the City outreach: Attorney’s Office, the OHR could pursue o Additional staff could assist with expanded enforcement and conciliation outreach planning and execution, as authority. well as data collection during large • Volunteers and interns could assist with outreach events. satisfaction data collection and data entry o Volunteers and interns could assist while hiring is on hold. with data collection during events to • Additional staff could improve free staff to facilitate the events. responsiveness to community members and enhance the quality of service provision. 21 CY2020 HRC & OHR Annual Report Attachment Index Attachment Description Reference Page in Report 1 City Department and Commissions relationship chart 3 2 HRC Director/OHR Manager revised job description 3 3 HRC Position Letter to UVA President, Jim Ryan 3 4 HRC Response Letter to UVA President, Jim Ryan 3 5 HRC Legislative Recommendations for 2021 4 6 HRC Response Letter to local social justice groups 4 7 HRC Resolution HR20-1 5 8 HRC Resolution HR20-2 5 9 Charlottesville Human Rights Ordinance – Proposed changes 5 10 OHR CY2020 Data Dictionary 11 11 OHR CY2020 Service Data 11 12 Summary of expanded employment enforcement 19 22 Attachment 1 Understanding Working Relationships between Key City Departments & Commissions The City is working towards developing an Office of Equity & Inclusion, launching the Civilian Police Review Board (already launched), as well as hiring a new Deputy City Director position. The Office of Human Rights and Human Rights Commission supports the creation and launch of all bodies. We also feel it is critical for the City to clearly understand the working relationship and productive crossover (without core duplication) of these departments and commissioner boards. In the joint work session, we hope to discuss draft frameworks/recommendations for the collective action each developing body will put forth. The core goal will be to develop better understanding for how each entity can productively work together/support one another. The diagram to the right is a draft visual to start the conversation. Attachment 2 Charlottesville Human Rights Commission Office of Human Rights Manager Job Description Draft Human Rights Commission Recommendations Working document_ July 16, 2020 Office of Human Rights Director GENERAL SUMMARY: Works at an advanced professional, leadership, and managerial level in strategy, planning, organizing, and coordinating the Human Rights Office and program activities within the City Manager’s direct chain of command and authority. The Director provides overall strategic direction for the Office of Human Rights; Provides staff support for the Human Rights Commission; Coordinates and on occasion conducts investigations into allegations of discrimination on the basis of race, color, sex, religion, national origin, marital status, handicap, gender identity, sexual orientation, and/or age as prohibited by local ordinance in the areas of private sector employment for employers employing 6 to 14 employees, private education, credit and public accommodations; Assigns and evaluates the work of office staff; Provides technical guidance and training; Negotiates with respondents, complainants and their representatives; Speaks to various civic, faith and private business groups; and Performs special projects as assigned. Primarily and most frequently the work is performed independently, with diverse functional areas and more specialization and ability to train others. This position reports to the City Manager who holds day-to-day operational oversight. ESSENTIAL RESPONSIBILITIES AND DUTIES: ● Provides strategic leadership and planning for the Office of Human Rights to promote equity and ensure human rights alignment within and across the City of Charlottesville. ● Administers and coordinates activities of the Human Rights program. ● Stays in regular communication with the City Council Liaison to the Office of Human Rights and the Human Rights Commission. ● Trains staff on new or revised policies and procedures. ● Supervises, coordinates, assigns, and evaluates the work of office staff and subordinate personnel ● Develops partnerships that identify and address issues of discrimination on the basis of race, color, sex, religion, national origin, marital status, handicap, gender identity, sexual orientation, and/or age. This may include workshare agreements such as FEPA agreements with Equal Employment Opportunity Commission (EEOC) and FHAP agreements with the Department of Housing and Urban Development (HUD). ● Receives and reviews initial complaints; conducts intake conferences; conducts. ● Directs and coordinates efforts of OHR staff to investigate, mediate, and reconcile allegations of discrimination. ● Provides staff support for the Human Rights Commission: o Responds to Human Rights Commission and community inquiries regarding issues, policies, and complaints. o Helps to conceptualize, develop, and carry our research projects for the Commission. o Provides preliminary data and research for the Commission to evaluate feasibility and strategy of possible projects. o Works with the Commission to develop a strategy when moving forward with a given issue. o Recommends to the Commission amendments and additions to the Charlottesville Human Rights Ordinance. ● Administers and implements programs including discrimination prevention, education, voluntary compliance and outreach efforts to citizens, and community and business groups. ● Develops and disseminates human rights literature, reports, correspondence and memoranda to advance equity and human rights in our community. ● Interprets policy/procedures, and provides technical assistance and guidance to staff and volunteers; recommends alternative solutions to difficult negotiations. ● Researches and designs program evaluation criteria and methods; collects and reports performance measures for the Human Rights Office's programs. ● Prepares reports, correspondence, and memoranda including bi-annual reports to City Council. ● Conducts research on human rights issues and disseminates information to advance equity. ● Prepares and manages the Office's annual budget. ● Performs related tasks as required. Primarily and most frequently the work is performed independently, with diverse functional areas and more specialization and ability to train others. EDUCATION, EXPERIENCE AND SKILLS: Education: Any combination of education and experience equivalent to a Master’s degree from an accredited college with major work in Public Administration, Personnel Administration, Sociology, Psychology, Law, Law Enforcement, Mediation Training, Employment Investigation Training or related field. A Law degree is not required but preference will be given to applicants with work experience, training and/or education in the legal field. Experience: A minimum of five years' experience in civil/human rights compliance, education, housing, employment, investigation, administration or other related field. Skills: Commitment to racial, social, and economic equity with proven track record of community engagement and thought leadership in human rights issues. Ability to read and comprehend complex legal materials. Ability to interpret policy/procedures, and provide technical assistance and guidance to staff and volunteers; to recommend alternative solutions to difficult negotiations. Ability to supervise the work of others including assigning and reviewing investigations performed by staff. Ability to compose and edit reports, research, proposals, procedures, policies, recommendations, etc. Ability to develop and disseminate human rights research and literature. Ability to organize major studies of systemic discrimination including conducting research, enabling expert panels, conducting hearings and townhalls, and producing policy reommendatinons. Interpersonal skills of facilitation, conflict resolution, restorative justice and other methods to resolve complaints, maintain liaison, and speak in public. Ability to negotiate fairly and effectively with involved parties and/or their representatives to resolve complaints; and recommend further action. Ability to define problems and collect relevant information to recommend policy solutions. Thorough knowledge of federal guidelines and regulations pertaining to human rights issues. ORGANIZATION COMPETENCIES: Interpersonal Effectiveness/Communication: Reviews documents for professional, technical, and content errors, and may be called on to review and revise more complex documents. Often acts as a formal or informal team leader or project leader. Provides communication support or consultation. Service/Support Orientation: Assists others to find answers to the more difficult and complex questions. Forms professional working relationships with individuals in other departments and organizations to resolve issues. Coaches or trains others to reach positive service and support outcomes. In addition to applying city and agency guidelines, provides consultation to others in more diverse and complex situations. Multi-tasking/Problem Solving: Independently balances multiple complex tasks. Trains, coaches or mentors others to develop skills in multi-tasking and problem solving. Trains, coaches or mentors others to develop project management skills. Organization: Sets and adjusts priorities to accomplish objectives. Advises others in matters of standard or routine technical assistance, interpretation and consultation. Provides professional support to other workers. Assists in resolving schedule conflicts within the team. Assists team members in managing appointments and assignments. Trains, mentors or coaches others in matters of organization skill and knowledge. JOB FAMILY COMPETENCIES: Performance Management: Demonstrates skill and proficiency in integrating the performance management of several functional or operational areas. Manages the performance of others who have responsibility for supervising others, for complex decision-making, and the coordination of various functions and interaction with professional and technical specialists. Teamwork and Cooperation: Brings multiple units or departments together to pool resources in support of goal accomplishment. Creates cross-function teams in a variety of specialized operational and programmatic areas. Builds and implements the framework for team accountability and performance in multiple functional areas to reduce the negative impact of functional barriers imposed by hierarchical structure and department boundaries. Explores best practices of how the work of teams and units within the department or division can contribute to the goals and objectives of city government. Coordination, Planning, and Decision-Making: Uses a wider variety of inter- and intradepartmental resources to address problems and to carry-out decisions. Uses integrated project management to coordinate several different complex projects and deploys work break- down structures for identifying work, assigning resources, and estimating. Evaluates performance metrics, process design, and output of several differing functional areas to determine needed improvements and creates plans to meet identified needs. Applies systematic multi-factor analysis, trend analysis, and other forms of data analysis and assessment to a diversity of operations and programs for the purpose of planning and managing resources. Technical and Content Knowledge: Serves as a subject matter expert or resource person in specialty areas of services, operations or programs, policy, finances, planning, or other areas of professional or administrative expertise. Demonstrates understanding of the purpose, processes, procedures, methods, technologies, tools, equipment, terminology, standards, performance measures, and outcomes of work teams, units, and specialty areas of multiple functional areas of multiple functional areas and units. PHYSICAL CONDITIONS & WORK CONTACTS: Standard work environment. FLSA Status: Exempt Attachment 3 City of Charlottesville Human Rights Commission August 24th, 2020 Commissioners Dear President Ryan, Shantell Bingham We write you as collective residents of the Charlottesville community representing Chair diverse backgrounds, livelihoods, and experiences as members of the Human Rights Commission. This letter comes to you at the height of decision making during a Sue W. Lewis Vice Chair pandemic that has spared some lives but has also cost our community many more. Therefore, we ask in our capacity as neighbors and advocates of human rights that you do not bring the bulk of undergraduate students back to the University of Virginia for Jeanette Abi- Nader the Fall semester. Pheobe Brown We recognize that you are balancing many difficult and competing demands in making this decision. We applaud the efforts that you have undertaken to require testing, Ernest Chambers request that students quarantine, and create a culture that supports public health guidance. We understand that you have delayed their return until early September and Jessica Harris have promised to make a final decision by August 28. Our mission is to protect the human rights of our community, however. The right to health is paramount, and we Laura J.W. Keppley center the most vulnerable. We are concerned that bringing thousands of students back to our community will endanger the lives of the staff, especially low wage staff working Kathryn Laughon frontline jobs, the students, the faculty, and the larger community. Andrew Orban We have already seen a disparate impact of COVID-19 by race. The population of the Thomas Jefferson Health District is just under 14% African American,1 yet Black Lyndele von residents compose almost 19% of cases, over 39% of hospitalizations and over 24% of Schill fatalities. The Latinx community is just under 5% of the TJHD population2, yet accounts for almost 27% of cases and almost 17% of hospitalizations. These numbers do not Robert Woodside account for the loss of income due to illness or the long-term disability that many of those who recover will face.3 While, we do not have access to information about other Melvin Grady groups that fall within our purview, such as those living with disabilities, but Olivia Gabbay commonsense would suggest that they are also uniquely vulnerable. Ann J. Smith Indeed, the disproportionality of this pandemic has demonstrated to us that health is a matter of human rights, and now more than ever, we all have the moral obligation to play our parts to the fullest of our ability and in collaboration with others. Many local school system actors are stepping up to the plate, implementing innovative and forthcoming virtual learning.4 They’re not only following the lead of experts across the globe5 that caution against in-person learning for large universities6, but they’re also responding to the needs of their staff while also weighing the cost of their decisions for the community at large President Ryan, the steps you take send a message to us all. Given the overwhelming disappointment of national leadership to protect us, it is up to local leaders to act quickly and strategically to protect lives. We add our voices to those requesting that the University of Virginia suspend the return of undergraduate students to Grounds and ask that they not return to their off-Grounds lodgings. We ask that the University not stand apart from us, but with us as we manage this pandemic together. In pursuit of justice, we serve, Shantell Bingham, Chair Human Rights Commission 106 5th St NE, Charlottesville, VA 22902 shantellbingham@gmail.com 1 https://www.vdh.virginia.gov/data/demographics/ 2 https://www.vdh.virginia.gov/content/uploads/sites/91/2019/08/2019-MAPP2Health-Report.pdf 3 https://www.theatlantic.com/health/archive/2020/06/covid-19-coronavirus-longterm-symptoms-months/612679/ 4 Charlottesville City Schools goes virtual: http://charlottesvilleschools.org/coronavirus/ Albemarle County Public Schools goes nearly all virtual: https://www.k12albemarle.org/our-division/return-to-school 5 https://www.who.int/westernpacific/news/speeches/detail/virtual-press-conference-on-covid-19-in-the-western- pacific 6 https://www.theatlantic.com/ideas/archive/2020/07/colleges-are-getting-ready-blame-their-students/614410/ Human Rights Commission Charlottesville Office of Human Rights 106 5th St NE, Charlottesville, VA 22902 Attachment 4 Attachment 5 Human Rights Commission Legislative Recommendations to City Council 2021 Legislative Session Pursuant to Sec. 2-433. (d) of the Charlottesville Human Rights Ordinance, it is the role of the Human Rights Commission to “make recommendations regarding the City’s annual legislative programs and policies that will address discrimination.” On September 17, 2020, the Human Rights Commission voted to adopt the following recommendations for consideration by City Council as it prepares its statement of legislative positions for the 2021 General Assembly session. Affordable Housing; Regulation of Development; Local Authority over Local Real Estate • Support state legislation that permits municipalities within the Commonwealth to enact, at their discretion, ordinances mandating that all property owners within the municipality register their rental properties with the local government for the purpose of ensuring access to safe, healthy, and affordable housing for city residents. • Support state legislation that allows for long-term payback plans for tenants who are behind on rent, once the eviction moratorium ends. Criminal Justice Reform • Support state legislation to remove qualified immunity. • Support state legislation for expungement of criminal records once a person is found guilty. Prosperity, Health, and Well-Being • Support state legislation that expands mental health resources and care. Attachment 6 Human Rights Commission Human Rights Commission Response to Letter Submitted on March 9, 2020 by Legal Aid Justice Center, Public Housing Association or Residents, Virginia Organizing, Charlottesville Low-Income Housing Coalition, Black Lives Matter-Charlottesville, Standing Up for Racial Justice-Charlottesville & People’s Coalition on Criminal Justice Reform September 18, 2020 The Human Rights Commission invested time reviewing the letter, endorsed by the above organizations and groups, at several meetings including: June 11th ad hoc committee meeting, June 18th Human Rights Commission Meeting, July 2nd ad hoc committee meeting, July 16th Human Rights Commission Meeting, and August 20th Human Right Commission Meeting. The purpose of the two ad hoc committee meetings was to draft an agenda for a joint work session with City Council and the Human Right Commission, which we anticipated would occur on July 28th. A key focus for that meeting was to discuss the job description and hiring protocol for the Office of Human Rights (OHR) Manager/Human Rights Commission (HRC) Director. We also met with Assistant City Attorney, Allyson Davies for legal advice on our recommended changes to the position description and potential revisions to the Human Rights Ordinance. 1. Hiring a Manager of the OHR/Director of the HRC who has legal and civil rights credentials and significant experience with human rights compliance; This suggestion was discussed and included in the proposed Office of Human Rights Director position description as follows: [EXCERPT] Education: Any combination of education and experience equivalent to a Master’s degree from an accredited college with major work in Public Administration, Personnel Administration, Sociology, Psychology, Law, Law Enforcement, Mediation Training, Employment Investigation Training or related field. A Law degree is not required but preference will be given to applicants with work experience, training and/or education in the legal field. Experience: A minimum of five years' experience in civil/human rights compliance, education, housing, employment, investigation, administration or other related field. 2. Revising the position description for the position of Manager/Director to include the skills necessary to direct, supervise and manage the mandated HRC task of conducting one major study of systemic discrimination per year and producing substantive policy recommendations to Council (We attach the original position description with some suggested modifications); This suggestion was discussed and included in the proposed Office of Human Rights Director position description as follows: [EXCERPT] ESSENTIAL RESPONSIBILITIES AND DUTIES: ● Provides strategic leadership and planning for the Office of Human Rights to promote equity and ensure human rights alignment within and across the City of Charlottesville. ● Administers and implements programs including discrimination prevention, education, voluntary compliance and outreach efforts to citizens, and community and business groups. ● Develops and disseminates human rights literature, reports, correspondence and memoranda to advance equity and human rights in our community. ● Interprets policy/procedures, and provides technical assistance and guidance to staff and volunteers; recommends alternative solutions to difficult negotiations. ● Researches and designs program evaluation criteria and methods; collects and reports performance measures for the Human Rights Office's programs. ● Prepares reports, correspondence, and memoranda including bi-annual reports to City Council. ● Conducts research on human rights issues and disseminates information to advance equity. 3. Changing the ordinance to direct the new Director of the OHR to work with the HRC to establish agreements with EEOC and HUD for workshare agreements (FEPA and FHAP) in order for the HRC/OHR to expand complaint investigations in housing and employment; This suggestion was discussed and included in the proposed Office of Human Rights Director position description as follows: [EXCERPT] ESSENTIAL RESPONSIBILITIES AND DUTIES: ● Develops partnerships that identify and address issues of discrimination on the basis of race, color, sex, religion, national origin, marital status, handicap, gender identity, sexual orientation, and/or age. This may include workshare agreements such as FEPA agreements with Equal Employment Opportunity Commission (EEOC) and FHAP agreements with the Department of Housing and Urban Development (HUD). Regarding amendments to the Human Rights Ordinance: • The HRC/OHR can enter into workshare agreements without any stipulations made to this effect in the Human Rights Ordinance. • Amending the ordinance to specify into which agreements the HRC/OHR must enter is not legally advisable, as it binds the HRC/OHR to these particular agreements to the exclusion of others, thereby potentially limiting the HRC/OHR’s enforcement authority, should any changes occur that make these agreements unworkable or no longer the ideal enforcement mechanism. • Furthermore, the HRC/OHR cannot enter into any workshare agreements without sufficient staff, or the budget to contract with such staff, to fulfill the obligations of intake counseling, investigation, determination, administration, and enforcement. • Additionally, the Mayor has indicated that the hiring of a Deputy City Manager to oversee the HRC/OHR, the Office of Equity, Diversity, and Inclusion, the Police Civilian Review Board, the Department of Human Services, and the Department of Social Services is a pre-requisite to hiring an HRC Director/OHR Manager. This new Deputy City Manager will have the authority to oversee the hire of OHR staff and to guide the future path of the HRC/OHR. 4. Reduce the HRC membership back to 7 or 9 by using a first in, first out format for reducing its size for effective deliberation and action; As a Commission we discussed the recommendation on a few occasions. As a starting point, we agreed to check in with current Commission members with sporadic attendance to determine if they are able to maintain an active presence on the Commission. The conversation highlighted the importance of maintaining a robust and active commission and to continue to utilize ad hoc committees for specific areas that needed focused attention. On September 17, 2020, the HRC voted to adopt a proposed revision to the Human Rights Ordinance setting an upper limit of 15 members. This is proposed revision will be reviewed by the City Attorney’s Office along with a host of other proposed revisions before being taken to Council for consideration. 5. Requiring that 4 HRC commissioners have subject-matter expertise in housing, health, employment, education and that at least 2 commissioners be from organizations representing citizens from historically marginalized communities affected by housing and employment discrimination; We discussed this recommendation but did not come to a vote or consensus. Currently, the recommendation is to highlight specific areas of expertise that are needed on the Commission in the application process, but not to specify a particular seat. Each of the areas recommended received support for consideration and representation. 6. Moving the OHR Director/HRC functions related to discrimination complaint compliance and major systemic studies of discrimination into the City Attorney’s Office with direct oversight by Council; We explored this recommendation. While the HRC was in favor of the idea to separate the Human Rights Commission from reporting directly to the City Manager for potential conflict of interest reasons, we learned through Allyson Davies that we are not permitted to make this change. An Ordinance ad hoc committee was formed to review the ordinance and make recommendations regarding the proposed inclusion of major systemic studies of discrimination and other suggestions. 7. Designating a Council liaison to the HRC; The Commission discussed this recommendation and was in favor of its implementation. We discussed this with Councilor McGill and this issue is being addressed by the Ordinance ad hoc committee. 8. Modifying the ordinance to mandate the chair of the HRC report directly to Council every quarter on progress related to systematic studies of discrimination; The Commission discussed this recommendation and overall was in favor of its implementation. This issue is being explored further by the Ordinance ad hoc committee. 9. Modifying the current ordinance and bylaws of the OHR/HRC to reflect the changes specified above. As noted above, the Commission formed an Ordinance ad hoc committee that is charged with exploring changes with the City Attorney’s office and returning to the full committee with recommendations. Attachment 7 RESOLUTION TO ADVOCATE FOR A LOCAL MORATORIUM ON EVICTIONS CHARLOTTESVILLE HUMAN RIGHTS COMMISSION RESOLUTION #: HR20-1 WHEREAS, the Charlottesville Human Rights Commission, hereinafter “the Commission,” acts as a strong advocate for justice and equal opportunity by providing citywide leadership and guidance in the area of civil rights (City code Article XV. Sec. 2-433.); and WHEREAS, the Charlottesville Human Rights Ordinance identifies housing as a protected activity (City code Article XV. Sec. 2-431a.); and WHEREAS, the Charlottesville Human Rights Ordinance identifies age, disability, marital status, national origin, pregnancy/childbirth, race/skin color, religion, and sex as protected classes (City code Article XV. Sec. 2-431a.); and WHEREAS, people with disabilities are disproportionately more likely to live in poverty, and people aged 65 or older make up the largest percentage of the disabled population (Thomas Jefferson Area Planning District Commission Draft Analysis to Impediments to Fair Housing Choice, January 17, 2019); and WHEREAS, low-income African American and Hispanic households bear a disproportionate share of the cost burden of the lack of affordable housing (City of Charlottesville Housing Needs Assessment Socioeconomic and Housing Market Analysis, April 4, 2018); and WHEREAS, the average cost of rental housing in the City of Charlottesville is $1,384 (City of Charlottesville Housing Needs Assessment Socioeconomic and Housing Market Analysis, April 4, 2018); and WHEREAS, for a family of three at 30 percent of AMI (roughly $20,700) affordable rent would be $520 per month, including utilities (City of Charlottesville Housing Needs Assessment Socioeconomic and Housing Market Analysis, April 4, 2018); and WHEREAS, Charlottesville is home to an estimated 811 extremely low-income (less that 30 percent AMI) non-student renter households, 115 individuals in emergency shelters, and 23 unsheltered individuals (City of Charlottesville Housing Needs Assessment Socioeconomic and Housing Market Analysis, April 4, 2018); and WHEREAS, on March 11, 2020, the World Health Organization declared the outbreak of the novel coronavirus, SARS–CoV–2, and the disease it causes, commonly referred to as COVID-19, a pandemic (for reference in this ordinance, this virus and the disease that it causes are referred to as “COVID-19”); and WHEREAS, City Manager and Director of Emergency Management, Dr. Tarron J. Richardson, declared the potential spread of COVID-19 an emergency on March 12, 2020 pursuant to a Resolution adopted by the Charlottesville City Council; and WHEREAS, also on March 12, 2020, Governor Ralph S. Northam issued Executive Order Number Fifty-One (“EO 51”) declaring a state of emergency for the Commonwealth of Virginia because of the COVID-19 pandemic; EO 51 acknowledged the existence of a public health emergency arising from the COVID-19 pandemic and that it constitutes a “disaster” as defined by Virginia Code § 44-146.16 because of the public health threat presented by a communicable disease anticipated to spread; and WHEREAS, on August 7, 2020, the Supreme Court of Virginia issued an amendment of the eighth order extending declaration of Judicial Emergency in response to COVID-19, specifying that, effective August 10, 2020, and through September 7, 2020, pursuant to Va. Code § 17.1-330, the issuance of writs of eviction pursuant to unlawful detainer actions is suspended and continued. BE IT RESOLVED that the Commission hereby advocates and respectfully requests that City Council take all available action within their legal authority to promote a continued moratorium on evictions resulting from the detrimental impacts of COVID-19 on the local economy. Dated this ___30_____ of ___October___, 2020. ___________________________________________ Shantell Bingham, Chair, Human Rights Commission Attachment 8 Attachment 9 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: City Council Meeting date at which Agenda Item will be considered Action Required: Review the recommended amendments to the Human Rights Ordinance Adopted by the Human Rights Commission and approve the amendments or provide feedback for further revision. Presenter: Shantell Bingham Chair Charlottesville Human Rights Commission Staff Contacts: Todd Niemeier Community Outreach and Investigation Specialist Interim Director, Human Rights Commission Interim Manager, Office of Human Rights Title: Human Rights Ordinance Recommended Amendments Background: City Council approved the current Charlottesville Human Rights Ordinance (Chapter 2, Article XV of the Code of the City of Charlottesville) on May 20, 2013. The Charlottesville Human Rights Commission (HRC) has adopted several amendments to the Human Rights Ordinance (hereafter the Ordinance) for consideration and approval by City Council. The adopted amendments mirror recent changes in state statutes, provide clarification regarding the investigation and issuance of findings pertaining to individual complaints of discrimination, and ensure that the Ordinance is better aligned with City Council’s Vision and Strategic Plan. Discussion: During regular publicly noticed meetings in 2019 and 2020, the HRC considered public feedback regarding the effectiveness of the HRC and the Office of Human Rights (OHR) in addressing individual complaints of discrimination and systemic issues of discrimination. At its regular meeting on July 16, 2020, the HRC Chair recommended the formation of an ad hoc committee to work with the City Attorney’s Office and OHR staff to draft amendments to the Ordinance aimed at addressing some of the publicly raised concerns and recent changes in state law. The ad hoc committee met with the Assistant City Attorney and OHR staff on August 4, September 8, and October 6, 2020, to discuss and draft revised Ordinance language for presentation to the full HRC. This committee consisted of only two HRC Commissioners, and the meetings were not publicly-noticed, to conform with Council’s order that Commissions hold no more than one publicly-noticed meeting per month. The Assistant City Attorney reviewed all draft Ordinance language for legality and alignment with state law, prior to presentation to the HRC for discussion. The ad hoc committee presented the draft Ordinance amendments to the HRC during the publicly noticed regular meetings on September 17, and October 15, 2020. During these meetings, the HRC discussed, and voted to adopt, the proposed amendments included in the attached copy of the Ordinance. OHR staff submitted the attached copy of the Ordinance, containing the amendments adopted by the HRC, for final review by the City Attorney on October 30, 2020. If City Council approves the recommended revisions to the Ordinance, the HRC and OHR will develop a public outreach plan to raise awareness of the changes and how they might impact the local population. Alignment with City Council’s Vision and Strategic Plan: The Ordinance amendments, adopted by the HRC and recommended to City Council for approval, align with Council’s vision of the City as a leader in social justice and healthy race relations, and a City that is flexible and progressive in anticipating and responding to the needs of our citizens. Additionally, the adopted amendments align with the following Goals and Objectives within the Strategic Plan:  Goal 1: Inclusive, Self-Sufficient Community o Objective 1.3: Increase affordable housing options  The amended Ordinance contains language that increases protections against housing discrimination, enabled by recent changes to the Virginia Fair Housing Law (Virginia Code Title 36, Chapter 5.1)  Relevant amended Ordinance sections o Sec. 2-431 (a) o Sec. 2-431 (b) o Sec. 2-431 (c) o Sec. 2-431 (d) o Sec. 2-437 (b) o Objective 1.5: Intentionally address issues of race and equity  The amended Ordinance contains language that increases protections against discrimination within all of the protected activities and protected classes, enabled by recent changes to the Virginia Human Rights Act (Virginia Code Title 2.2, Chapter 39), the Virginia Fair Housing Law (Virginia code Title 36, Chapter 5.1), and Virginia Code, Title 15.2, Chapter 9, §15.2-965.  Relevant amended Ordinance sections o Sec. 2-431 (a) o Sec. 2-431 (b) o Sec. 2-431 (c) o Sec. 2-431 (d) o Sec. 2-437 (b)  Goal 5: Responsive Organization o Objective 5.3: Provide responsive customer service  The amended Ordinance contains revisions that:  Allow more diversity and inclusiveness within the body of the HRC; o Sec. 2-432 (a)  Prioritize assistance to individuals who believe they are the victim of unlawful discrimination; o Sec. 2-433 (a) o Sec, 2-433 (c)  Maximize the jurisdiction of the OHR (concurrent with state and federal law); o Sec. 2-431 (a) o Sec. 2-431 (b) o Sec. 2-431 (c) o Sec. 2-431 (d) o Sec. 2-437 (b)  Clarify the process for investigation and issuance of findings regarding individual complaints of discrimination; and o Sec. 2-437 (b) o Sec. 2-437 (c) o Sec. 2-437 (d) o Sec. 2-437 (f)  Adopt LGBTQ+ inclusive pronouns throughout the Ordinance. o Sec. 2-437 (c) o Sec. 2-439.1 (f) o Sec. 2-439.1 (g) Community Engagement: On March 9, 2020, the HRC received a copy of a letter sent to City Council and the City Manager from Mr. Walt Heinecke, and endorsed by several local social justice advocacy groups, outlining nine suggestions for the restructuring of the HRC and OHR. Mr. Heinecke also shared public comment regarding the letter of suggestions during HRC regular meetings on June 18, August 20, and September 17, 2020. As noted in the “Discussion” section, the HRC discussed feedback from the public relating to the Ordinance revisions at several of its regular meetings during 2019 and 2020. All regular meetings of the HRC are open to the public. OHR staff posts public notice of all regular meetings on the City website calendar. All of the agendas, agenda packets, and minutes are available to the public via the City website. A draft of the revised Ordinance, which includes all of the amendments adopted by the HRC, is included in the draft minutes of the HRC regular meeting on October 15, 2020, which are posted on the City website. Budgetary Impact: Council’s approval of the amended Ordinance has no immediate fiscal impacts. The FY20 Budget includes funding for the current vacant position of OHR Manager/HRC Director. This position, if filled, would better equip the OHR and HRC to handle individual complaints of discrimination. Recommendation: The HRC recommends approval of the adopted amendments to the Human Rights Ordinance. OHR staff concurs with the HRC recommendation. Alternatives: If Council chooses not to approve the amendments to the Ordinance adopted by the HRC, the enforcement authority of the OHR and HRC will be less robust that what is allowable under current state laws that address illegal discrimination. As a result, citizens seeking assistance with individual complaints of discrimination that would have been covered by the proposed amendments will necessarily be referred to other, potentially non-local, agencies. The HRC respectfully requests a written response from Council detailing the reasons for the complete or partial disapproval of any of the proposed amendments so that it may attempt to revise the Ordinance language for future consideration by Council. Attachments: Attached please find a copy of the Charlottesville Human Rights Ordinance containing the amendments adopted by the HRC for recommendation to Council for approval. KEY TO EDITS Red strike-through: Text to be changed or removed. Blue: New text. (Note: some of the sub-heading labels may be red or blue, this may not reflect a change but rather the default formatting of Microsoft Word). AN ORDINANCE AMENDING AND REORDAINING CHAPTER 2 (ADMINISTRATION) OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990), AS AMENDED, BY ADDING A NEW ARTICLE XV ENTITLED HUMAN RIGHTS. BE IT ORDAINED by the Council for the City of Charlottesville, Virginia that Chapter 2 of the Code of the City of Charlottesville (1990), as amended, is hereby amended and reordained by adding a new Article XV entitled Human Rights, which Article shall read as follows: Article XV. Human Rights Sec. 2-430. Short title. This Article shall be known and referred to as the Charlottesville Human Rights Ordinance. Sec. 2-431. Unlawful discrimination prohibited. (a) It shall be unlawful and a violation of this article for any person, partnership, corporation or other entity to engage in discrimination in housing, employment, public accommodations, credit, and private education on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, national origin, age, marital status, status as a veteran, or disability. (b) It shall be unlawful and a violation of this article for any person, partnership, corporation or other entity to engage in discrimination in housing on the basis of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, status as a veteran, or disability. (c) As used herein, the term “discrimination on the basis of sex” is defined to include, but not be limited to, discrimination on the basis of gender identity, transgender status or sexual orientation. As used in herein, the term "gender identity" means the gender-related identity, appearance, or other gender-related characteristics of an individual, without regard to the individual's designated sex at birth. (d) As used herein, the term “source of funds” means any source that lawfully provides funds to or on behalf of a renter or buyer of housing, including any assistance, benefit, or subsidy program, whether such program is administered by a governmental or nongovernmental entity. 1 (e) As used herein, the term “unlawful discriminatory practice” includes conduct in violation of any comparable Virginia or federal statute or regulation governing unlawful discrimination. Sec. 2-432. Human Rights Commission. (a) There is hereby created in the City of Charlottesville a Human Rights Commission, consisting of no less than nine (9) and not more than fifteen (15) members appointed by the City Council. The Commission membership shall be broadly representative of the City’s population demographic composition, with consideration of racial, gender (including gender identity, transgender status, and sexual orientation), religious, ethnic, disabled, socio-economic, geographic neighborhood and age groups within the City; with priority given to City residents, as well as to applicants with demonstrable ties to the City. Of the members first appointed, at least three shall be appointed for terms of three years, at least three shall be appointed for terms of two years, and at least three shall be appointed for terms of one year. Thereafter members shall be appointed for terms of three years each. Any vacancy shall be filled by the City Council for the unexpired portion of a term. Following notice to the member, any member of the Commission may be removed for good cause by a majority vote of City Council. (b) The Commission shall elect from its members a chair, a vice-chair, and such other officers as the Commission may deem appropriate. The Commission may also adopt rules and procedures to govern the conduct of its affairs. (c) Members of the Commission shall serve without compensation, but funds may be appropriated in the City’s annual budget for reasonable and necessary expenses to be incurred by Commission in the conduct of its prescribed functions. (d) All meetings of the Commission shall be advertised in advance and in the manner required by law, and shall be open to the public except for meetings lawfully closed pursuant to the Virginia Freedom of Information Act. At the beginning and at the end of each of its public meetings the Commission will receive public comment in accordance with City Council’s “Rules for Public Participation”. (e) The Commission may, in its discretion, delegate any of its duties or responsibilities hereunder to a panel of not less than three Commissioners. (f) There shall be a full-time Director of the Commission, who shall be appointed by the City Manager with the advice and consent of the Commission and who shall serve full time in that capacity. The Director will be responsible for and report to the Commission in the day-to- day operational conduct of the Commission’s activities. The Director shall report directly to the City Manager for administrative and fiscal matters. The City Manager shall delegate to the Director the authority to employ such additional staff as authorized and funded by the City Council, in order for the Commission to fulfill effectively its obligations under this Ordinance. (g) All City departments, boards and commissions shall cooperate with and provide assistance to the Commission, including the provision of information in response to reasonable requests from the Commission. (h) Legal counsel shall be provided to the Commission and its staff through the Office of the City Attorney. The City Council may authorize retention of outside counsel where deemed appropriate upon recommendation of the City Attorney. 2 Sec. 2-433. Role of the Human Rights Commission. The role of the Human Rights Commission is to act as a strong advocate for justice and equal opportunity by providing citywide leadership and guidance in the area of civil rights. The Commission will: (a) Assist individuals who believe they are the victim of an act of unlawful discrimination within the City; Identify and review policies and practices of the City of Charlottesville and its boards and commissions and other public agencies within the City and advise those bodies on issues related to human rights issues; (b) Collaborate with the public and private sectors for the purpose of providing awareness, education and guidance on methods to prevent and eliminate discrimination citywide; (c) Identify and review policies and practices of the City of Charlottesville and its boards and commissions and other public agencies within the City and advise those bodies on issues related to human rights issues; Assist individuals who believe they are the victim of an act of unlawful discrimination within the City; (d) Make recommendations regarding the City’s annual legislative program, with an emphasis on enabling legislation that may be needed to implement programs and policies that will address discrimination; Sec. 2-434. Duties and responsibilities – Community dialogue and engagement. (a) The Commission will serve as a forum for the discussion of human rights issues, and be responsible for conducting ongoing efforts to engage community members in an open, honest and creative dialogue regarding issues of equity and opportunity, including but not limited to issues considered by the City’s Dialogue on Race initiative. (b) The Commission may conduct or engage in educational and informational programs for the promotion of mutual understanding, reconciliation and respect between all classes of individuals protected by this ordinance and the larger Charlottesville community. Sec. 2-435. Duties and responsibilities – Systemic issues. (a) The Commission will be responsible for identifying and reviewing policies, practices and systems of an institutional nature that: (1) May be unlawful discriminatory practices; or, (2) May not constitute unlawful discriminatory be practices but nevertheless which produce disparities that adversely impact affect individuals on the basis of a status such as their race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, criminal record, income or disability. (b) Any review undertaken pursuant to this section may be initiated at the request of any other public or private entity, or by the Commission on its own initiative. (c) The Commission may conduct its own research and review of existing studies and literature, collaborate with other research organizations, organize public focus groups and hold such hearings as may be necessary to identify policies, practices and systems as referenced in (a), above. For each such identified policy, practice or system, the goal of the Commission will be to 3 formulate recommendations and to propose concrete, actionable reforms that will eliminate discriminatory practices or the adverse effects of lawful other practices. Sec. 2-436. Reserved. Sec. 2-437. Duties and responsibilities – Investigation of individual complaints and issuance of findings. (a) The Director will develop and implement a central intake mechanism for receiving and processing individual complaints that allege an unlawful discriminatory practice in the City. (b) In cases where investigation and remediation are already available in the City, such as employment discrimination complaints within the jurisdiction of the Equal Employment Opportunity Commission (“EEOC”) or fair housing complaints addressed by the Piedmont Housing Alliance, the complaint will be referred to that agency so that investigation and enforcement may be initiated by those bodies, which will offer services in the City and, to the extent allowed by law, report their findings to the Commission. For complaints alleging an unlawful discriminatory practice within the enforcement jurisdiction of the City, defined herein as within the corporate limits of the City and as authorized by state and federal statutes, the Director or other designated professional staff are authorized to undertake further action as detailed in Sec. 2-437 (c). For complaints alleging an unlawful discriminatory practice that falls outside the jurisdiction of the City, the Director or other designated professional staff will refer the complaint to the appropriate state or federal agency. (c) For all other complaints alleging an Upon determination that an alleged unlawful discriminatory practice falls within the enforcement jurisdiction of the City,as defined herein within the corporate limits of the City, the Director or other designated professional staff will conduct, as authorized by this ordinance, an initial fact-finding inquiry to determine jurisdiction. fact-finding, mediation, conciliation, and, if necessary, full investigation of the complaint as he or she deems appropriate to ascertain the facts underlying the charge of discrimination, provided that the The complaint may be dismissed by the Director without further action investigation if it fails to adequately allege a violation of this ordinance or is otherwise deficient on its face. If Following the initial fact-finding inquiry, if the complaint is not dismissed, and the Complainant wishes to pursue further action, the Director will serve a copy on each respondent named therein., Said copy shall specify the allegation, citing the evidence that supports further action, and indicating the action to be taken. Further action, as authorized by this ordinance, may include mediation, conciliation, and formal investigation of the complaint, as deemed appropriate by the Director. Upon completion of a formal the initial investigation, the Director shall render a written determination of whether there is probable cause to believe a violation of this ordinance has occurred, and the facts supporting such determination. The written determination shall promptly be served on the parties. (d) If the Director determines that further action is appropriate that there is probable cause to believe a violation has occurred, the Director will propose an initial meeting between the parties for the purpose of exploring a resolution of the complaint through voluntary mediation or other informal means. Nothing herein shall be interpreted as requiring any party to participate in mediation or any other conciliatory efforts. Materials used and communications made during a mediation or informal conciliation shall be confidential, and shall not be disclosed to the public by the Director, the Commission or its staff unless disclosure is authorized in writing by all parties to the dispute. 4 (e) If the mediation or conciliation is concluded to the satisfaction of both parties, the complaint will be considered resolved upon the parties’ execution of a written conciliation or settlement agreement. Unless all parties agree otherwise, the execution of a written agreement is solely for the purpose of settling a disputed claim, and does not constitute an admission by any party that the law has been violated. No further action on the initial complaint will be taken by the Commission or its staff once the agreement is executed. (f) If mediation or conciliation is not successful, and the Complainant wishes to pursue further action, the Director or designee may conduct further a formal investigation for the purpose of rendering a written determination as to whether there is probable cause to believe a violation of this ordinance occurred, and the facts supporting such determination. or, If further investigation is not warranted, the Director may either dismiss the complaint as not constituting a violation. or After a written determination has been served on both parties, the Director may either close the case or proceed with the preparation of materials for consideration by the Commission, as provided in section 2-439.1 (b). (g) In order to fulfill the requirements of this section, the City Manager is authorized to contract on behalf of the City with any objective, neutral third party qualified to assess allegations of discriminatory conduct as prohibited in section 2-431, for the purpose of receiving complaints, conducting investigations, rendering written determinations of whether there is probable cause to believe a violation of this ordinance has occurred, conducting mediations or conciliations of complaints and advising the Director of the Commission of the results of any investigation, mediation or conciliation of complaints. Sec. 2-438. Reserved. Sec. 2-439.1. Enforcement authority – The role of the Commission. (a) If the Director determines that there is insufficient probable cause to believe a violation of this ordinance has occurred, the Director shall dismiss the complaint and advise the complainant in writing that such dismissal shall become final unless, within ten (10) business days of receipt of notice of the dismissal, the complainant files with the Commission a request for a review of the determination of the Director. On written petition of the complainant the Commission may review the Director’s conclusion, and may either overrule or affirm the finding of no probable cause. The parties may submit such additional information as they desire for the Commission’s consideration. If the Commission determines that probable cause exists, it shall direct the Director to continue the investigation or proceed with conciliation efforts. (b) If the Director determines that probable cause to believe a violation did occur and either party declines to participate in mediation or other informal means of resolving the complaint, or if such efforts are attempted but unsuccessful, the Director shall prepare a written summary of the evidence on which the determination of probable cause is based, and shall recommend appropriate remedies for the discriminatory actions in a report to the Commission. The Commission shall determine by majority vote whether to hold a public hearing on the complaint. The Commission shall base its determination on its judgment as to how enforcement of this ordinance would be best served. If the Commission determines not to hold a public hearing, it shall either dismiss the complaint or take such action as it deems appropriate and consistent with the purposes of this ordinance and the powers of the Commission hereunder. (c) If a hearing is to be held, the Commission shall promptly notify the parties of the 5 time, date and location of the hearing and serve upon them a statement of the charges against the respondent, the Director’s summary of the evidence and recommended remedies, and the issues to be considered at the hearing. The Commission will have the option to consider all of the allegations and issues set forth in the complaint or, in its discretion, may limit the scope of the hearing to one or more of the allegations or issues. The notice and statement shall be served no later than 14 days prior to the date of the hearing. Hearings of the Commission may be held before the entire Commission or before designated hearing panels, consisting of three or more members of the Commission, as the Commission in its discretion may determine. The Chair or a Commissioner designated by the Chair shall preside over the public hearing, which shall be open to the public. (d) Whenever the Commission has reasonable cause to believe that any person has engaged in or is engaging in any unlawful discriminatory practice, and the Commission, after a good faith effort to obtain the data and information necessary to determine whether a violation has occurred, has been unable to obtain such information, it may request the City Attorney to apply to the judge of the circuit court of the jurisdiction in which the respondent resides or is doing business for a subpoena duces tecum against any person refusing to produce such data and information. The judge of the court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. For purposes of this section, “person” includes any individual, partnership, corporation, association, legal representative, mutual company, joint stock company, trust, unincorporated organization, employee, employer, employment agency, labor organization, joint labor-management committee, or an agent thereof. (e) In cases to be heard by the Commission the complainant and the responding parties shall be entitled: (1) To file written statements or arguments with the Commission prior to the hearing; (2) To be represented by privately retained counsel of his or her choice; (3) To present his or her case or defense by oral or documentary evidence, to be given under oath or by affirmation; (4) To submit rebuttal evidence; and (5) To conduct such cross-examination as may be required for a full and true disclosure of the facts. Any oral or documentary evidence may be received, but the Commission as a matter of policy shall provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence. The Commission shall not be bound by the strict rules of evidence prevailing in the courts of law or equity. (f) The Director shall be responsible for assuring the development of the evidentiary record before the Commission and may introduce evidence, examine or cross-examine witnesses, or make argument if he or she they deems it advisable in order to fully apprise the Commission of the facts or the applicable law. The Commission shall keep a full record of the hearing, which record shall be public and open to inspection by any person unless otherwise provided by any applicable law or regulations. Any party may request that the Commission furnish such party a copy of the hearing record and shall reimburse the Commission for the cost of producing the copy. In matters where any party is represented by counsel, the office of the City Attorney shall 6 provide an attorney as counsel to the Commission who will also assist the Director in preparing the case. (g) If, after the hearing, the Commission determines by a preponderance of the evidence that the respondent has committed or is committing the alleged violation(s) of this ordinance, the Commission shall state its findings and may issue recommendations, to be served promptly on the parties, which recommendations may include notice to the respondent to cease and desist from such violation(s) and to take such action as may be authorized by law to effectuate the purpose of this ordinance, including but not limited to the payment by respondent of compensatory damages to any person or persons found by the Commission to be so entitled by reason of the violation(s) of this ordinance, or the placement or restoration of any person in or to such status in which the Commission finds he or she they would be but for respondent's violation(s) of this ordinance. (h) If, after receiving the evidence presented at the hearing, the Commission finds that the respondent has not engaged in the alleged violation(s) of this ordinance, the Commission shall state its findings and shall dismiss the complaint. Prompt notice of such action shall be given to the parties. (i) Nothing herein shall be construed as authorizing the Commission to issue subpoenas, award damages or grant injunctive relief. Sec. 2-439.2. Enforcement authority – Court enforcement. (a) If the Commission finds that a respondent has committed a violation of this ordinance and determines that appropriate remedial measures have not been taken, the Commission, through the City Attorney, and subject to approval by the City Council, may file an appropriate action in any court of competent jurisdiction to prove, de novo, that the respondent violated this chapter; secure compliance with this chapter; and/or obtain appropriate relief available under any applicable federal or state statute or regulation including, but not limited to an award of injunctive relief, compensatory and / or punitive damages and a recovery of costs and attorney's fees for any person, including the City, injured as a result of a violation of this chapter. (b) If the City Council approves the institution of any proceeding in court, the proceeding shall be brought in the name of the City Council and the Human Rights Commission of the City of Charlottesville. Sec. 2-440. Confidentiality. It shall be unlawful for any Commissioner, officer, employee, contractor or staff member of the Commission to disclose or make public any complaints, investigative notes, or other correspondence and information furnished to the Commission or its staff in confidence with respect to a complaint, an investigation or conciliation process involving an alleged unlawful discriminatory practice. A violation of this section shall be a Class 3 misdemeanor. Sec. 2-441. Annual Report. The Commission shall make an annual comprehensive report to City Council that outlines its efforts during the preceding year in the areas of identifying and addressing systemic or institutional discrimination; processing individual complaints of unlawful discrimination; and facilitating a community dialogue regarding issues of human rights. The report shall also outline 7 the Commission’s work plan for the ensuing year, which shall be subject to approval or modification by City Council. Sec. 2-442. Severability. The provisions of the Article are severable; and if any provision, sentence, clause, section or part thereof is held illegal, invalid, unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Article, or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Article would have been adopted if such illegal, invalid or unconstitutional provision, sentence, clause, section or part had not been included therein, and if the person or circumstances to which the chapter or any part thereof is inapplicable had been specifically exempted therefrom. Sec. 2-443. Reserved. Approved by Council May 20, 2013 Clerk of Council 8 Attachment 10 2020 Charlottesville Office of Human Rights Data Dictionary Revised 08/01/2020 Term Definition Appointment Set-up A contact involving the scheduling of an appointment with the Office of Human Rights. Clerical Assistance Any activity involving creating documents or other materials on behalf or at the request of the client. Client Follow-up An incoming contact from an individual who has an open inquiry or complaint. Closed Complaint A complaint that is no longer being addressed by the Office of Human Rights. An inquiry may close due to the case being resolved to the client's satisfaction, the referral of the client to another agency that can better serve them, or because the client chooses not to pursue the case further. Closed Inquiry An inquiry that is no longer being addressed by the Office of Human Rights. An inquiry may close due to the case being resolved to the client's satisfaction, the referral of the client to another agency that can better serve them, or because the client chooses not to pursue the case further. Complaint An incoming contact in which an individual wishes to pursue action regarding an allegation of discrimination that falls within the jurisdiction of the Office of Human Rights, as defined by the Charlottesville Human Rights Ordinance. Contact All walk-ins, appointments, phone calls, text messages, and emails with individuals. Counseling Assistance provided to the client regarding available courses of action to address a concern. Dismissed Complaint A complaint that has been closed by staff due to the case being outside the jurisdiction of the Office of Human Rights or because the client has ceased responding to attempted follow-up by staff. Dismissed Inquiry An inquiry that has been closed by staff due to the case being outside the jurisdiction of the Office of Human Rights or because the client has ceased responding to attempted follow-up by staff. General Contact An incoming contact that involves outreach coordination, event planning, volunteer coordination, or general information. Incoming Contact Any walk-in, appointment, phone call, text message, or email from an individual seeking assistance from the Office of Human Rights. Term Definition Information A contact in which staff answers questions of a general nature or provides information regarding services, events, or programs. Inquiry An incoming contact involving services provided to an individual by the Office of Human Rights and/or an individual allegation of discrimination that falls outside the jurisdiction of the office, as defined by the Charlottesville Human Rights Ordinance. Investigation Activity Any activity associated with the formal investigation of a complaint. Mediation Related Services Any activity associated with the request for or coordination of mediation services, as provided by a licensed third party mediator, in conjunction with a complaint. Open Complaint A complaint that is still being addressed by the Office of Human Rights. Open Inquiry An inquiry that is still being addressed by the Office of Human Rights. Outgoing Contact All service-related contacts initiated by Office of Human Rights staff. Outreach Coordination Any service related to community outreach regarding service provision, education & awareness, or facilitation & leadership. Protected Activity An activity of daily life in which a person who identifies as a member of a protected class can participate without fear of discrimination. The Charlottesville Human Rights Ordinance lists the following activities as protected: housing, employment, public accommodations, credit, and education. Protected Class A group of people with a common characteristic who are protected from discrimination on the basis of the characteristic when participating in a protected activity. The Charlottesville Human Rights Ordinance lists the following classes as protected: race, color, religion, sex (to include, but not be limited to, gender identity, transgender status, or sexual orientation), pregnancy, childbirth or related medical conditions, national origin, age, marital status, or disability. Public Hearing A service provided by the Human Rights Commission and coordinated by the Office of Human Rights, as specified by the Charlottesville Human Rights Ordinance, involving the recommendation of remedies related to a determination of probable cause resulting from the formal investigation of a complaint. Term Definition Referral A recommendation staff for the client to contact another agency in order to address a concern raised in an inquiry or complaint. Staff Follow-up An outgoing contact in which staff communicates with an individual who has previously contacted the office. Third Party Incoming Contact An incoming contact with a person who is a third party to an individual directed involved with an inquiry or complaint. Third Party Outgoing Contact An outgoing contact with a person who is a third party to an individual directed involved with an inquiry or complaint. The person directly involved must give verbal or written consent for staff to initiate a third party outgoing contact. Attachment 11 CY2020 OHR Service Data *The OHR was physically closed from March 16, 2020 through the end of the year due to the COVID-19 pandemic, but the “open office days” figure is included for reference to show the average number of incoming contacts per day had the office been open the typical number of days in a given month. Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Open office days in the month* 22 20 21 22 23 20 22 22 20 23 19 18 252 Total Incoming & Outgoing Contacts 288 318 276 253 160 104 47 79 88 129 193 148 2083 Total Incoming Contacts 207 230 158 69 81 62 26 45 43 75 94 70 1160 Average Incoming Contacts/Day 9 12 8 3 4 3 1 2 2 3 5 4 5 Referrals from Sin Barreras 0 0 0 0 0 0 0 0 0 0 0 0 0 Contacts in Spanish 0 3 9 106 58 29 10 0 0 2 9 5 231 Total Staff Follow-ups (Outgoing) 56 36 80 180 72 35 18 24 31 32 56 48 668 Total Third-Party Contacts (Outgoing) 25 52 38 4 7 7 3 10 14 22 43 30 255 Total Client Follow-ups (Incoming) 143 137 99 53 69 41 19 23 24 42 50 39 739 Total Third-Party Contacts (Incoming) 25 42 32 2 5 11 2 4 14 20 24 21 202 Total General Contacts (Incoming) 31 37 21 11 4 5 5 13 3 7 12 5 154 Total New Inquiries (Incoming) 8 14 6 3 3 4 0 5 2 6 7 5 63 Total New Complaints (Incoming) 0 0 0 0 0 1 0 0 0 0 1 0 2 Total Allegations (Both I&C) 0 2 0 2 0 0 0 2 1 0 3 1 11 Total I&C: Locality - Cville 7 12 5 0 3 4 0 2 2 5 6 4 50 Total I&C: Locality - Albemarle 1 0 1 3 0 0 0 3 0 1 1 0 10 Total I&C: Locality - Other or Not Specified 0 2 0 0 0 1 0 0 0 0 1 1 5 Total Inquiries: P.A. - Employment 1 4 3 3 0 0 0 3 1 0 1 1 17 Total Inquiries: P.A. - Housing 5 8 2 0 3 3 0 2 1 4 4 2 34 Total Inquiries: P.A. - Public Accommodation 1 0 0 0 0 0 0 0 0 1 1 0 3 Total Inquiries: P.A. - Credit 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Inquiries: P.A. - Private Education 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Inquiries: P.A. - Other (Unprotected) 1 2 1 0 0 1 0 0 0 1 1 2 9 Total Complaints: P.A. - Employment 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Complaints: P.A. - Housing 0 0 0 0 0 0 0 0 0 0 1 0 1 Total Complaints: P.A. - Public Accommodation 0 0 0 0 0 1 0 0 0 0 0 0 1 Total Complaints: P.A. - Credit 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Complaints: P.A. - Private Education 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Complaints: P.A. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total employment discrimination allegations 0 2 0 2 0 0 0 1 1 0 1 0 7 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Employment allegations in Charlottesville 0 1 0 0 0 0 0 0 1 0 1 0 3 Employment allegations in Albemarle Co. 0 0 0 2 0 0 0 1 0 0 0 0 3 Emp. allegations in Cville referred to EEOC 0 0 0 0 0 0 0 0 0 0 0 0 0 Emp. allegations in Alb. Co. ref. to EEOC 0 0 0 1 0 0 0 0 0 0 0 0 1 Total housing discrimination allegations 0 0 0 0 0 0 0 1 0 0 1 1 3 Housing allegations in Charlottesville 0 0 0 0 0 0 0 0 0 0 1 1 2 Housing allegations in Albemarle 0 0 0 0 0 0 0 1 0 0 0 0 1 Total public accommodation discrimination allegations 0 0 0 0 0 0 0 0 0 0 1 0 1 Public accommodation allegations in Cville 0 0 0 0 0 0 0 0 0 0 1 0 1 Total Other (Unprotected) activity allegations 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Age 0 0 0 0 0 0 0 0 0 1 0 0 1 Total I&C: P.C. - Disability 2 2 1 0 0 1 0 0 0 2 1 0 9 Total I&C: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - National Origin 0 0 0 1 0 0 0 0 0 0 0 0 1 Total I&C: P.C. - Pregnancy 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Childbirth or Related Medical Conditions 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Race 0 1 0 1 0 0 0 1 1 0 1 0 5 Total I&C: P.C. - Color 0 1 0 1 0 0 0 1 1 0 0 0 4 Total I&C: P.C. - Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Sex 0 1 0 1 0 0 0 1 0 0 1 0 4 Total I&C: P.C. - Gender Identity 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Sexual Orientation 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Source of Funds 0 0 0 0 0 0 0 1 0 0 0 1 2 Total I&C: P.C. - Not specified 6 10 5 0 3 3 0 1 1 3 4 3 39 Total I&C: P.C. - Other (Unprotected) 0 0 0 0 0 1 0 1 0 0 1 1 4 Total Counseling Contacts 51 39 25 7 5 5 5 7 12 18 13 14 201 Total Employment Counseling 4 5 2 3 0 0 0 2 1 0 2 2 21 Total Housing Counseling 43 32 22 4 5 2 5 5 11 15 11 12 167 Total Public Accommodation Counseling 2 1 0 0 0 1 0 0 0 1 0 0 5 Total Credit Counseling 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Private Education Counseling 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Other (Unprotected) Counseling 2 1 1 0 0 2 0 0 0 2 0 0 8 Total Contacts resulting in Referrals 7 9 5 4 2 3 0 5 1 2 0 6 44 Referrals to CSRAP 2 1 0 0 2 1 0 0 0 0 0 0 6 Referrals to LAJC 1 1 1 0 0 1 0 4 1 0 0 0 9 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Referrals to CVLAS 1 2 2 0 0 1 0 2 0 0 0 1 9 Referrals to PHA 0 0 1 0 0 1 0 0 0 0 0 1 3 Referrals to EEOC 0 1 0 3 0 0 0 0 0 0 0 0 4 Referrals to DPOR 0 0 0 0 0 0 0 0 0 0 0 0 0 Referrals to Other 4 4 2 2 0 3 0 2 1 2 0 4 24 Total Employment Complaints: P.C. - Age 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Disability 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - National Origin 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Pregnancy 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Childbirth or R.M.C. 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Race 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Color 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Sex 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Gender Identity 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Sexual Orientation 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Not specified 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Employment Complaints: P.C. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Age 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Disability 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - National Origin 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Pregnancy 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Childbirth or R.M.C. 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Race 0 0 0 0 0 0 0 0 0 0 1 0 1 Total Housing Complaints: P.C. - Color 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Sex 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Gender Identity 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Sexual Orientation 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Not specified 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Housing Complaints: P.C. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Age 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Disability 0 0 0 0 0 1 0 0 0 0 0 0 1 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Total Pub. Accom. Comp.: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - National Origin 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Pregnancy 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Childbirth or R.M.C. 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Race 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Color 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Religion 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Sex 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Gender Identity 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Sexual Orientation 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Not specified 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Pub. Accom. Comp.: P.C. - Other (Unprotected) 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Open Inquiries 16 Total Closed Inquiries 47 Total Dismissed Inquiries 0 Total Open Complaints 1 Total Closed Complaints 1 Total Dismissed Complaints 0 Primary Service: Appointment Set-up 51 23 13 1 1 1 0 5 4 0 12 3 114 Primary Service: Clerical Assistance 0 8 0 0 2 0 1 0 1 0 0 0 12 Primary Service: Counseling 51 39 25 7 5 5 5 7 12 18 13 14 201 Primary Service: Event Information 1 1 1 0 0 0 0 0 0 0 0 2 5 Primary Service: Investigation Activity 11 11 5 3 1 0 1 9 10 19 10 13 93 Primary Service: Information 166 234 180 24 62 51 26 56 60 91 156 116 1222 Primary Service: Mediation Related Services 0 0 0 0 0 0 0 0 0 0 0 0 0 Primary Service: Outreach Coordination 8 2 4 0 0 1 0 2 1 1 2 0 21 Primary Service: Public Hearing 0 0 0 0 0 0 0 0 0 0 0 0 0 Primary Service: Volunteer Coordination 0 0 0 0 0 0 0 0 0 0 0 0 0 Primary Service: Helpline - COVID Response 0 0 48 218 89 46 14 0 0 0 0 0 415 Total Formal Investigations: - Employment 0 Total Formal Investigations: - Housing 1 Total Formal Investigations: - Public Accommodation 1 Total Formal Investigations: - Credit 0 Total Formal Investigations: - Private Education 0 Attachment 12 Summary of Employment Discrimination Protections following the passing of the Values Act With the passage of the Values Act by the General Assembly on July 1, 2020, the Virginia Human Rights Act (Va. Code Title 2.2, Chapter 39 ) definition of “Employer” as it relates to discrimination in employment in §2.2-3905 (A) was amended to read as follows: “Employer” means a person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. However, (i) for purposes of unlawful discharge under subdivision B 1 on the basis of race, color, religion, national origin, status as a veteran, sex, sexual orientation, gender identity, marital status, pregnancy, or childbirth or related medical conditions including lactation, “employer” means any employer employing more than five persons and (ii) for purposes of unlawful discharge under subdivision B 1 on the basis of age, “employer” means any employer employing more than five but fewer than 20 persons. The Values Act also repealed §2.2-3903 of the Virginia Human Rights Act, which included the following sub-section (B): B. No employer employing more than five but less than 15 persons shall discharge any such employee on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, including lactation. No employer employing more than five but less than 20 persons shall discharge any such employee on the basis of age if the employee is 40 years of age or older. For the purposes of this section, “lactation” means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast. The following chart shows the potential scope of OHR enforcement authority, regarding employment discrimination, following the passage of the Values Act: <5 5< 5 < 15 5 < 20 15 < Yes = OHR can enforce Employees Employees Employees Employees Employees employment nondiscrimination (If unlawful (If unlawful (If unlawful discharge) discharge) discharge) Race No Yes Yes Yes Yes Color No Yes Yes Yes Yes Religion No Yes Yes Yes Yes National Origin No Yes Yes Yes Yes Status as a Veteran No Yes Yes Yes Yes Sex No Yes Yes Yes Yes Sexual Orientation No Yes Yes Yes Yes Gender Identity No Yes Yes Yes Yes Marital Status No Yes Yes Yes Yes Pregnancy No Yes Yes Yes Yes Childbirth No Yes Yes Yes Yes Age No No Yes Yes Yes The following chart shows the scope of OHR enforcement authority prior to the passage of the Values Act. The passing of the Values Act significantly expanded the OHR’s enforcement of employment discrimination. The differences are noted in red text for emphasis. <5 5< 5 < 15 5 < 20 15 < Yes = OHR can enforce Employees Employees Employees Employees Employees employment nondiscrimination (If unlawful (If unlawful (If unlawful discharge) discharge) discharge) Race No Yes Yes No No Color No Yes Yes No No Religion No Yes Yes No No National Origin No Yes Yes No No Status as a Veteran No Yes Yes No No Sex No Yes Yes No No Sexual Orientation No No No No No Gender Identity No No No No No Marital Status No Yes Yes No No Pregnancy No Yes Yes No No Childbirth No Yes Yes No No Age No No Yes Yes No