Human Rights Commission AGENDA PACKET Regular Meeting November 17, 2022 Hybrid Meeting City Space, 100 5th Street NE, Charlottesville, VA 22902 6:30pm Agenda Packet Attachments 1. Agenda 2. 10/20/2022 DRAFT HRC Regular Meeting Minutes 3. OHR Director Report 4. Commissioner Terms Chart Attachment 1 Human Rights Commission AGENDA Regular Meeting November 17, 2022 Hybrid Meeting City Space, 100 5th Street NE, Charlottesville, VA 22902 6:30pm 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. 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. 1. WELCOME a. Call to Order b. Roll Call c. Moment of Silence d. 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. 10-20-2022 HRC Regular Meeting Minutes* 4. BUSINESS MATTERS a. Chair Update b. OHR Staff Reports 5. WORK SESSION a. Commissioner Terms* b. Nominating Committee Formation* c. Ad-hoc Committee Updates d. New business 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 October 20, 2022 Virtual/Electronic Meeting 6:30 pm Click HERE to access rebroadcasts of past Human Rights Commission meetings on YouTube. Click HERE to access an archive of past Human Rights Commission work on the City website. 1. WELCOME a. CALL TO ORDER i. Chair, Jessica Harris, called the meeting to order on Zoom platform at 6:43 pm b. ROLL CALL i. Jessica Harris ii. Jeanette Abi-Nader iii. Mary Bauer iv. Wolfgang Keppley v. Kathryn Laughon (arrived 6:49 pm) vi. Andrew Orban c. HRC Director announces that Commissioner Erika Robinson has stepped down from her position on the Commission d. 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. None b. COMMISSION RESPONSE TO MATTERS BY THE PUBLIC i. None 3. MINUTES a. Review of minutes from 9/15/22 Regular Meeting (4 out of 5 present Commissioners attended) i. Vote 1. In favor: 4 2. Opposed: 0 3. Abstained: 1 b. Review of minutes from 10/6/22 Committee Meeting (1 out of 5 present Commissioners attended) i. Vote 1. In favor: 1 2. Opposed: 0 3. Abstained: 4 4. BUSINESS MATTERS a. CHAIR UPDATE i. National Society of Black Physicists Conference is coming to Charlottesville 11/6-11/9 1. Will be asking various people from around the City to speak at the event ii. Recognizes Erika Robinson's contributions to the Commission iii. Encourages others to apply to be a Commissioner and spread it through their networks 1. Application deadline is listed on the City website iv. Reminds Commissioners about attending committee meetings now that there are regular times set v. Brings up the four strategic focuses decided upon during the retreat; expresses openness to having two committees instead of two in order to consolidate focuses b. OHR STAFF REPORT (HRC Director) i. Committee meeting on 11/3 is the last virtual meeting 1. Has reserved CitySpace indefinitely for the first and third Thursdays of the month (11/17 Regular Meeting will occur here) 2. Will talk to Communications about technology and hybrid meeting capabilities ii. Monthly Staff Report is attached in the agenda packet 1. Average of 21 incoming contacts per day for the month of September 2. Council presentation is on 11/7 to present the Ordinance and Annual Report 3. Council is working on Rules & Procedures (“operating procedures”) that will apply to all Boards and Commissions, so the HRC does not need to take current action to change their Rules & Procedures 4. On 8/15, Council allocated $176,000 for an Intake Counselor and Investigator for the OHR a. Director has position descriptions and interview questions drafted; just needs to send them through Human Resources b. Commissioners are welcome to serve on an interview panel c. Send thoughts regarding improving orientation for new Commissioners to HRC Director 5. WORK SESSION a. Draft Charlottesville Human Rights Ordinance Revisions i. In addition to entering the OHR into a FHAP agreement with HUD, Director also wanted to clean up the structure of the Ordinance 1. Version to Council will only have underlined and stricken- through text; no colors or highlights ii. Definitions in the beginning are now cited from the Code instead of listed all out individually iii. Sec. 2-431 gives a general definition of discrimination (sub-sections define employment and housing discrimination) 1. Protections in housing have language taken from the Federal Code iv. Sec. 2-432: Director would like to note in the memo that the old Council made suggestions that the HRC never got a chance to review, so the HRC would like the new Council to reconsider 1. No proposed changes yet, though there will probably be more dialogue once Council looks at the Ordinance 2. If there is a finding of reasonable cause on a case, the City Attorney’s Office will file a civil action on behalf of the complainant (lots of work if it is on a federal case) 3. Commissioner notes in Sec. 2-432 (f) that it says the Director reports directly to the City Manager despite there being a Deputy City Manager a. Although the City Manager still appoints the Director, the Director directly reports to the Deputy City Manager—will make change here v. Commissioner confirms that specific changes being made will be named in the motion vi. Sec. 2-433 mentions the Office of Human Rights, which was seldom mentioned before vii. Sec. 2-435 (c) mentions the research project that the Commission should conduct 1. Director will add (d) to the memo regarding systemic discriminatory housing practices a. Commissioner asks Director to expand upon this point—Director confirms that the City will become the complainant in cases where there is no named complainant but there is factual evidence to support prima facie case of systemic, discriminatory housing practice b. An unprecedented situation, so there will need to eventually be additional operating procedures c. Commissioner asks about section’s language; section applies to just housing discrimination viii. Sec. 2-436 establishes the OHR ix. Sec. 2-437 used to be where the Ordinance lumped in all of the investigative procedures, but it now breaks down into different subsections the procedures for employment; housing; and public accommodations, private education, and credit x. Sec. 2-437.1 outlines investigations of employment discrimination 1. Clarified the process and added timelines to match federal and state guidelines 2. Changed “conciliation” to “informal dialogue” since conciliation has a separate meaning in housing 3. Clarified that it is a conflict of interest for the City to investigate itself (as in Chief Brackney’s case) a. This is a standard across all Human Rights Offices 4. One potential difficulty is knowing when to close a case, so there are several added clauses that describe when this is the situation xi. Sec. 2-437.2 outlines investigations of housing discrimination 1. All red text is required for substantial equivalence, so cannot change much there (purple text within are changes to make the language suit the HRC instead of the federal context) 2. There are a few more time constraint considerations in housing investigations 3. Prompt judicial action is outlined in State Code, but it was not in any of the other protected activities a. Means that if something seems like it needs to go to court by the Director and City Attorney, the Deputy City Manager for REDI can take quicker action b. The City Attorney would be taking action on behalf of the complainant 4. Throughout the Ordinance, “probable cause” used to be the standard for findings in cases of discrimination, but this is a criminal standard; “reasonable cause” is a slightly lower barrier, so everything that said “probable cause” before now says “reasonable cause” 5. When there is a finding of reasonable cause in a housing case, there will be a filed charge and the Director will write the finding of reasonable cause as well as the charge served to both parties a. This means that it takes the Commission out of the public hearing (it has no role as an adjudicating body in housing cases) b. There is a clause after a finding of reasonable cause that says if either party wants to bypass mediation and go straight to court, they can do so 6. OHR/HRC can also enumerate the relief the courts can grant 7. City can intervene in a private civil action if it feels it needs to xii. Sec. 2-437.3 outlines investigations of public accommodations, private education, and credit 1. Similar to procedures for employment (minus references to employment) xiii. Sec. 2-438 clearly states that retaliation is prohibited xiv. Sec. 2-439.1 discusses the Commission’s enforcement authority 1. Commission no longer has a role in housing cases besides to vote to investigate a systemic issue and appeals 2. This section describes the procedure for public hearings xv. Summary of proposed changes for Ordinance: 1. 2-431: clarity alterations 2. 2-432 (f): note that Director reports to Deputy City Manager for REDI 3. 2-437.2 (l.1.A): removed bit of strikethrough xvi. Mary makes a motion to adopt the Ordinance for recommendation to Council (with proposed changes) 1. Wolfgang seconds 2. Roll-call vote: a. In favor: 6 b. Opposed: 0 c. Abstained: 0 xvii. Motion passes; Director will make proposed changes, convert document to black and white, conduct ADA screening, and post it to Council’s agenda xviii. Summary of proposed changes for Ordinance memo: 1. Make note of 2-435 (d) xix. Wolfgang makes a motion to adopt the Ordinance memo for recommendation to Council (with proposed changes) 1. Jeanette seconds 2. Roll-call vote: a. In favor: 6 b. Opposed: 0 c. Abstained: 0 3. Motion passes xx. Commissioner asks about process for changes after presenting Ordinance to Council 1. Council will likely not vote after the first reading 2. Director will try to suggest that Council consider the HRC’s recommended changes since Council’s last action was rather abrupt b. Annual Legislative Agenda Recommendations i. Top priorities/themes were housing, transportation equity & accessibility, law enforcement, health equity, and food equity ii. Based on survey responses for provided four themes: affordable housing was deemed highest priority, then mental health, then emergency housing support for the unhoused, then eviction prevention iii. Chair will send a letter to Council on behalf of the Commission to recommend legislative priorities iv. Woflgang has an updated document with more recent changes 1. New changes are highlighted v. Commissioner asks whether the Commission is allowed to make modifications to the recommendations from the public, or they should just amplify the public’s voices 1. Chair says Commission should probably amplify the public directly, then make note of places where the Commission has additional recommendations vi. OHR Outreach Specialist adds that many respondents indicated that the Commission can follow up with them if they have additional questions, so this is an option if the HRC wants to include more voices vii. Commissioner asks whether the Commission wants to suit the legislative priorities to the General Assembly 1. Says that it would be helpful to have a short list of items that are more likely to come before the General Assembly rather than only the full list viii. Commissioner says the document has already been edited to include things that could be actionable at the state level rather than local, but would support further narrowing-down of the list ix. Chair goes one section at a time to narrow down the list of recommendations: x. Housing Equity 1. Commissioner says there would have to be a change in legislation for rent control a. Another Commissioner adds that rent control may not be the most effective way to address the housing crisis; suggests asking the state to provide increased assistance for homelessness and stabilizing housing 2. Director notes it may be helpful to identify when the HRC is asking for the City to enable local legislation rather than a state- wide policy 3. Commissioner asks if Commission is asking for state assistance versus local funding a. State funding, since the HRC is asking City Council to recommend these priorities to legislators xi. Transportation Equity & Accessibility 1. Commissioner questions whether this priority fits in with human rights a. Another Commissioner says the international framework for human rights considers basic infrastructure a human right, so transportation could be considered a human right even if not under the purview of the Human Rights Commission 2. Another Commissioner says regional paratransit has gaps from region to region within a state, and there is a need for a state- wide paratransit service a. Would like to include this priority considering from an accessibility and climate equity standpoint, which many “Other” recommendations referenced 3. Commissioner suggests taking out “for commuters” from “Establish state-wise intercity affordable public transit options for commuters” a. Director suggests Commission add “accessible” as well as affordable xii. Equity in Law Enforcement 1. Commissioner is unsure if the state legislature would address any of the concerns listed because they are very local 2. Could keep the last point 3. Commissioners discuss whether or not to keep the second point regarding speed cameras a. Commissioner asks others to consider waiting to recommend this until more research is done b. Another Commissioner says that traffic cameras reduce discriminatory police contact xiii. Health & Food Equity 1. Commissioner suggests combining Health Equity and Food Equity and that while many solutions are local, there can also be state-level changes a. Also recommends pushing back against Executive Order No. 1 on Divisive Concepts that gets rid of mentions of race and equity in schools and the Health Department b. Also suggests opposing the “Model Treatment of Transgender Students” 2. Another Commissioner suggests adding access to reproductive care xiv. Commissioner expresses concern over proposal to spend $49 million on a new jail through various localities—something to address in the future xv. Chair will draft a letter to Council recommending they raise the points discussed tonight (summarized in the new Legislative Priorities document) to the General Assembly 1. Todd will put the draft on letterhead and send to Commission for final feedback before sending to Council c. Chair adds that she will not be able to attend the Council meeting on 11/7 to present everything to Council, so she will need to appoint someone to go in her place i. Chair has power to do this; no need to acquire approval from the rest of the Commission d. AD-HOC COMMITTEE UPDATES i. Community Engagement committee 1. OHR Outreach Specialist and Lyndele put together a spreadsheet of outreach opportunities 2. Can sign up via the spreadsheet; Outreach Specialist will send the link again for upcoming events 6. MATTERS BY THE PUBLIC a. PUBLIC COMMENT i. None b. COMMISSION RESPONSE TO MATTERS BY THE PUBLIC i. None 7. COMMISSIONER UPDATES a. None 8. NEXT STEPS a. Todd i. Finalize Ordinance--make proposed changes, convert document to black and white, conduct ADA screening, and post it to Council’s agenda 1. Summary of proposed changes for Ordinance memo: a. Make note of 2-435 (d) 2. Summary of proposed changes for Ordinance: a. 2-431: clarity alterations b. 2-432 (f): note that Director reports to Deputy City Manager for REDI c. 2-437.2 (l.1.A): remove bit of strikethrough ii. Put draft of legislative recommendations on letterhead and send to Commission for final feedback before sending to Council b. Victoria i. Send link for upcoming community outreach events c. Jessica i. Draft letter to Council recommending they raise the points discussed tonight (summarized in the new Legislative Priorities document) to the General Assembly 9. ADJOURN a. Meeting adjourned at 8:23 pm Attachment 3 Office of Human Rights OHR Director Monthly Report November 2022 Service Provision Data: • All data entered through October 2022. Partial data entered for November 2022. (Thanks, Lily!) • We are beginning the process of reclassifying certain contacts into a new primary service type called “Navigation” o Reclassification is complete for October 2022 and is partially entered for January and November 2022. o We will complete reclassification of contacts for the entire year ahead of compiling our CY2022 annual report. o Navigation contacts are those that are not related to an inquiry or complaint of discrimination but instead involve assisting individuals with accessing services or engaging with systems that are complex or confusing. Below is a non-exhaustive list of examples of services that we would classify as “Navigation”:  Completing applications for housing and housing vouchers.  Guiding people through accessing services from other providers including intake and follow up.  Providing Spanish translation services for other City departments  Advocating for individuals in areas where they have encountered barriers to service including • Mental healthcare • Substance use healthcare • General healthcare • Emergency housing • Landlord/tenant transactions, especially involving housing vouchers • Social Security benefits acquisition • Housing voucher extensions and reasonable accommodation requests • Emergency shelter • Rental assistance 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 297 184 216 294 422 430 384 482 544 353 47 0 3653 Total Incoming Contacts 214 152 171 230 313 307 307 360 413 285 35 0 2787 Average Incoming & Outgoing Contacts/Day 14 9 10 13 18 22 17 22 27 15 2 0 14 Average Incoming Contacts/Day 10 8 8 10 14 15 14 16 21 12 2 0 11 Referrals from Sin Barreras 0 0 0 0 0 0 0 0 0 0 0 0 0 Contacts in Spanish 3 3 1 1 2 7 9 3 3 1 0 0 33 Total Staff Follow-ups (Outgoing) 34 23 29 20 46 47 28 60 50 15 1 0 353 Total Third-Party Contacts (Outgoing) 49 9 16 44 63 76 49 62 81 53 11 0 513 Total Client Follow-ups (Incoming) 146 102 127 126 203 194 161 190 214 177 9 0 1649 Total Third-Party Contacts (Incoming) 55 29 29 60 94 82 126 139 165 73 26 0 878 Total General Contacts (Incoming) 8 17 12 32 6 19 12 18 24 21 0 0 169 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS Total New Inquiries (Incoming) 4 3 3 10 10 12 6 13 8 13 0 0 82 Total New Complaints (Incoming) 1 1 0 2 0 0 2 0 2 1 0 0 9 Total Incoming & Outgoing Navigation Contacts 43 0 0 0 0 0 0 0 0 256 20 0 319 Total Incoming & Outgoing Navigation Contacts (VM) 0 0 0 0 0 0 0 0 0 53 0 0 53 Total Incoming & Outgoing Navigation Contacts (TN) 42 0 0 0 0 0 0 0 0 199 20 0 261 Total Incoming & Outgoing Navigation Contacts (LG) 1 0 0 0 0 0 0 0 0 4 0 0 5 Total Allegations (Both I&C) 2 1 1 2 0 0 2 3 6 6 0 0 23 Total I&C: Locality - Cville 4 3 1 6 4 8 8 6 5 6 0 0 51 Total I&C: Locality - Albemarle 0 0 1 1 1 0 0 2 2 6 0 0 13 Total I&C: Locality - Other or Not Specified 1 1 1 5 5 4 0 5 3 2 0 0 27 Total Inquiries: P.A. - Employment 1 2 1 4 1 2 0 2 2 1 0 0 16 Total Inquiries: P.A. - Housing 2 1 1 3 5 8 4 7 3 10 0 0 44 Total Inquiries: P.A. - Public Accommodation 1 0 0 1 2 1 2 1 3 0 0 0 11 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 1 2 2 1 0 3 0 2 0 0 11 Total Complaints: P.A. - Employment 0 0 0 0 0 0 1 0 1 1 0 0 3 Total Complaints: P.A. - Housing 1 1 0 1 0 0 1 0 0 0 0 0 4 Total Complaints: P.A. - Public Accommodation 0 0 0 1 0 0 0 0 1 0 0 0 2 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 1 1 3 2 0 0 7 Employment allegations in Charlottesville 0 0 0 0 0 0 1 0 1 0 0 0 2 Employment allegations in Albemarle Co. 0 0 0 0 0 0 0 1 1 2 0 0 4 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 2 1 1 1 0 0 1 1 0 2 0 0 9 Housing allegations in Charlottesville 2 1 0 1 0 0 1 0 0 1 0 0 6 Housing allegations in Albemarle 0 0 1 0 0 0 0 0 0 1 0 0 2 Total public accommodation discrimination allegations 0 0 0 1 0 0 0 1 3 0 0 0 5 Public accommodation allegations in Cville 0 0 0 0 0 0 0 1 2 0 0 0 3 Total credit discrimination allegations 0 0 0 0 0 0 0 0 0 0 0 0 0 Credit allegations in Charlottesville 0 0 0 0 0 0 0 0 0 0 0 0 0 Total private education discrimination allegations 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 Private education allegations in Charlottesville 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 2 0 0 2 Total I&C: P.C. - Age 0 0 0 1 0 0 1 0 0 0 0 0 2 Total I&C: P.C. - Disability 2 1 0 4 1 0 1 5 3 3 0 0 20 Total I&C: P.C. - Marital Status 0 0 0 0 0 0 0 0 0 1 0 0 1 Total I&C: P.C. - National Origin 0 0 0 0 0 1 0 1 2 2 0 0 6 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 1 0 0 0 0 0 0 0 0 1 Total I&C: P.C. - Race 0 2 1 1 1 1 1 2 5 3 0 0 17 Total I&C: P.C. - Color 0 0 0 0 0 0 0 0 1 0 0 0 1 Total I&C: P.C. - Religion 0 0 0 1 0 0 0 0 0 0 0 0 1 Total I&C: P.C. - Sex 0 0 0 0 0 0 0 0 1 1 0 0 2 Total I&C: P.C. - Gender Identity 0 1 0 0 0 0 1 0 0 1 0 0 3 Total I&C: P.C. - Sexual Orientation 0 0 0 0 0 0 0 0 0 1 0 0 1 Total I&C: P.C. - Source of Funds 0 0 0 0 0 0 1 0 0 1 0 0 2 Total I&C: P.C. - Veteran Status 0 0 0 0 0 0 0 0 0 0 0 0 0 Total I&C: P.C. - Not specified 3 0 2 5 8 10 5 3 2 5 0 0 43 Total I&C: P.C. - Other (Unprotected) 0 1 0 1 0 0 0 3 1 1 0 0 7 Total Counseling Contacts 4 7 5 9 7 9 5 9 10 2 0 0 67 Total Employment Counseling 0 0 0 1 2 1 0 1 1 1 0 0 7 Total Housing Counseling 3 6 3 7 5 6 4 8 6 1 0 0 49 Total Public Accommodation Counseling 0 1 0 0 0 2 1 0 2 0 0 0 6 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 1 0 2 1 0 0 0 0 1 0 0 0 5 Total Contacts resulting in Referrals 0 0 0 6 5 5 0 8 7 8 1 0 40 Referrals to AG OCR 0 0 0 0 0 2 0 1 2 3 0 0 8 Referrals to CSRAP 0 0 0 0 0 0 0 1 0 0 0 0 1 Referrals to LAJC 0 0 0 5 1 2 0 3 2 1 0 0 14 Referrals to CVLAS 0 0 0 5 2 1 0 1 1 2 1 0 13 Referrals to PHA 0 0 0 0 0 0 0 0 0 1 0 0 1 Referrals to EEOC 0 0 0 0 0 0 0 0 0 1 0 0 1 Referrals to DPOR 0 0 0 0 0 0 0 0 0 0 0 0 0 Referrals to Other 0 0 0 0 3 1 0 6 5 3 0 0 18 Total Employment Complaints: P.C. - Age 0 0 0 0 0 0 1 0 0 0 0 0 1 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS 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 1 0 1 0 0 0 2 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 1 0 0 1 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. - Veteran Status 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 1 0 1 0 0 0 0 0 0 0 0 3 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 1 0 0 0 0 0 0 0 0 0 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. - Source of Funds 0 0 0 0 0 0 1 0 0 0 0 0 1 Total Housing Complaints: P.C. - Veteran Status 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 1 0 0 0 0 0 0 0 0 1 Total Pub. Accom. Comp.: P.C. - Disability 0 0 0 1 0 0 0 0 0 0 0 0 1 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 1 0 0 0 1 Measures Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTALS 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 1 0 0 0 0 0 0 0 0 1 Total Pub. Accom. Comp.: P.C. - Race 0 0 0 0 0 0 0 0 1 0 0 0 1 Total Pub. Accom. Comp.: P.C. - Color 0 0 0 0 0 0 0 0 1 0 0 0 1 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. - Veteran Status 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 11 Total Closed Inquiries 70 Total Dismissed Inquiries 1 Total Open Complaints 5 Total Closed Complaints 3 Total Dismissed Complaints 1 Primary Service: Appointment Set-up 3 3 0 3 7 4 4 17 20 11 0 0 72 Primary Service: Clerical Assistance 0 1 1 4 1 2 8 16 3 3 0 0 39 Primary Service: Counseling 4 7 5 9 7 9 5 9 10 2 0 0 67 Primary Service: Event Information 0 0 0 0 0 1 0 1 0 0 0 0 2 Primary Service: Investigation Activity 19 1 9 12 7 1 6 5 12 5 0 0 77 Primary Service: Information 218 166 191 242 388 410 347 405 464 69 25 0 2925 Primary Service: Mediation Related Services 10 6 10 22 12 3 14 29 35 7 2 0 150 Primary Service: Outreach Coordination 0 0 0 2 0 0 0 0 0 0 0 0 2 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: Navigation 43 0 0 0 0 0 0 0 0 256 20 0 319 Administrative Tasks: • Fair Housing Assistance Program (FHAP) workshare agreement o Ordinance amendments for substantial equivalence to federal fair housing law presented to City Council through 2-2-1’s with the Mayor and Councilors on November 3 and 4, 2022, and at the City Council meeting on November 7, 2022, for a first reading on the action agenda. o Ordinance amendments resubmitted with minor revisions for inclusion on the City Council consent agenda for its meeting on November 21, 2022. • Fair Employment Practices Agency (FEPA) workshare agreement o On hold until the FHAP certification is complete. 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. • OHR Staffing o On August 15, 2022, Council approved $176,000 in American Rescue Plan Act (ARPA) Fund Allocations for the purpose of hiring a Human Rights Intake Counselor and Human Rights Investigator.  Intake Counselor position description, interview questions, and short answer questions finalized and ready for presentation to Human Resources for approval and initiation of the hiring process.  Investigator position description, interview questions, and short answer questions finalized and on hold until after the Intake Counselor hiring process is completed. o Current OHR staff  Todd Niemeier, Director  Victoria McCullough, Outreach and Administrative Specialist  Lily Gates, Intern  Ginny Helmandollar, Intern • OHR Budget o The FY2024 budget process is underway. o OHR budget submitted on November 4, 2022. o OHR budget meeting with City Management and Budget Office completed on November 16, 2022. o Included revisions:  Increased personnel budget to accommodate the balance not covered by ARPA funds for the Intake Counselor and Human Rights Investigator.  Creation of a line item for paid OHR Internships.  Minor adjustments to operation line items in line with FY2023 expenditures. • Biggest adjustments were increases in the line item used to pay for mediation services and the line item used to pay for cell phone services ahead of hiring new staff. • Other less used line items were decreased to cover the increases noted above. Reporting: Report Status CY2021 Department Scorecard Completed. Published. CY2021 HRC & OHR Annual Report Completed. Presented to City Council on November 7, 2022. CY2022 Department Scorecard Anticipated completion and publishing on or before March 2023. CY2022 HRC & OHR Annual Report Anticipated completion and submission to Council on or before March 2023. CY2022 Quarterly Reports to Council Per the Charlottesville Human Rights Ordinance, in addition to an annual report we are required to submit quarterly reports to City Council. While we have received no express requests for these reports from Council, during 2-2-1’s with Council ahead of presenting the ordinance revision, we discussed a potential format for these reports. Going forward, the Director will share copies of the OHR Director Monthly Report (like this one), and any other OHR staff reports, provided to the HRC in the agenda packets for the regular meetings in April, July, and October of each year. The final quarterly report will be the CY annual report which we hope to submit the following year by March. Active Cases of Discrimination: Case # Protected Activity Protected Class(es) Status 2020-2 Housing Race Mediation in progress. 2021-2 Employment Race Settlement reached through mediation. Closure notices served. Respondent notice to be resent. 2021-4 Employment Sex Investigation in progress. 2021-5 Employment Sexual Orientation, Race Investigation in progress. 2021-11 Housing Disability Mediation completed. Awaiting final settlement. 2022-1 Housing Disability Mediation in progress. 2022-2 Housing Disability, Race, Color Mediation impasse. OHR assisted Complainant with DPOR complaint. Awaiting DPOR response. 2022-4 Employment Age, Color, Race Complainant accepted offer of mediation. Awaiting response from Respondent. 2022-5 Housing Gender Identity, Source of Complainant requests that Director engage in informal dialogue with Respondent. Informal Funds, Disability dialogue initiated but Respondent non-receptive. May require APS involvement. 2022-6 Housing Color, Race Notice and offer of mediation served. Awaiting response from Respondent. 2022-7 Housing Color, Race Further action authorized. Notice to be served. Two additional complaint forms have been received and are under review. Attachment 4 Proposed Human Rights Commission Staggered Term Reconfiguration Existing Terms Revised: 11/16/2022 Commissioner 1st appointment Unexpired start Unexpired end 1st term start 1st term end 2nd appointment 2nd term start 2nd term end Mary Bauer 10/19/2020 10/20/2020 2/28/2022 3/1/2022 2/28/2025 (12/??/2024) 3/1/2025 2/28/2028 Wolfgang Keppley 6/15/2020 6/16/2020 2/28/2022 3/1/2022 2/28/2025 (12/??/2024) 3/1/2025 2/28/2028 Andrew Orban 3/4/2019 3/4/2019 2/28/2022 2/27/2022 3/1/2021 2/28/2025 Ernest Chambers 3/4/2019 3/4/2019 2/28/2022 2/27/2022 3/1/2021 2/28/2025 Jeanette Abi-Nader 3/4/2019 3/4/2019 2/28/2022 2/27/2022 3/1/2021 2/28/2025 Kathryn Laughon 3/4/2019 3/4/2019 2/28/2022 2/27/2022 3/1/2021 2/28/2025 Lyndele Von Schill 3/4/2019 3/4/2019 2/28/2022 2/27/2022 3/1/2021 2/28/2025 Erika Robinson 2/7/2022 3/1/2022 (2/28/2025) (12/??/2024) 3/1/2025 2/28/2028 Jessica Harris 6/15/2020 7/1/2020 2/28/2023 2/28/2026 Proposed Staggered Terms Commissioner 1st appointment Unexpired start Unexpired end 1st term start 1st term end 2nd appointment 2nd term start 2nd term end Term Mary Bauer 10/19/2020 10/20/2020 2/28/2022 3/1/2022 2/28/2023 12/19/2022 3/1/2023 2/28/2026 1 Wolfgang Keppley 6/15/2020 6/16/2020 2/28/2022 3/1/2022 2/28/2023 12/19/2022 3/1/2023 2/28/2026 1 Andrew Orban 3/4/2019 3/4/2019 2/28/2022 2/27/2022 3/1/2021 2/28/2025 2 or 3 Ernest Chambers 3/4/2019 3/4/2019 2/28/2022 2/27/2022 3/1/2021 2/28/2025 2 or 3 Jeanette Abi-Nader 3/4/2019 3/4/2019 2/28/2022 2/27/2022 3/1/2021 2/28/2024 2 Kathryn Laughon 3/4/2019 3/4/2019 2/28/2022 2/27/2022 3/1/2021 2/28/2025 2 or 3 Lyndele Von Schill 3/4/2019 3/4/2019 2/28/2022 2/27/2022 3/1/2021 2/28/2025 2 or 3 Vacant 12/19/2022 3/1/2023 2/28/2024 12/1/2024 3/1/2024 2/28/2027 1 Jessica Harris 6/15/2020 7/1/2020 2/28/2023 12/19/2022 3/1/2023 2/28/2026 3 Mary has confirmed that a 1-year term will work for her. Wolfgang, are you comfortable with a 1-year term? Your second term would start on 3/1/2023 and end on 2/28/2026 instead of 2/28/2028? Andy, Ernest, Kathryn, and Lyndele: Please think about whether you would like to serve until 2/28/2024 (2-year term) or 2/28/2025 (3-year term). Jeanette has agreed to a 2-year term. We need two people to select a 3-year term and two people to select a 2-year term. Jessica, aside from choosing whether or not to apply for a second term, your term already fits naturally into a 3-year term.