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Human Relations Commission. 30 oktòb 2013.

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SPECIAL DOVER HUMAN RELATIONS COMMISSION AGENDA OCTOBER 30, 2013 - 7:00 P.M. CITY HALL CONFERENCE ROOM - 15 LOOCKERMAN PLAZA - DOVER, DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. 1. Call to Order/Roll Call 2. Moment of Silence 3. Adoption of Minutes A. Regular Meeting of September 25, 2013 4. Comments/Presentations from Members of the Community This segment is provided to extend the opportunity to the general public to share their questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda is prohibited. Citizen comments are limited to three (3) minutes, and this segment will not exceed 30 minutes. The Human Relations Commission is prohibited from taking action since items to be discussed do not appear on the published agenda; however, they may schedule such items as regular agenda items and act upon them in the future. 5. Chair's Report (Sudler) 6. Committee Reports A. School Programs (Wasfi) B. Community Programs (Allen-Pyne) C. Assessment (Edamatsu) D. Intake Forms 7. New Business A. Letter to Councilman James Hutchison - Dialogue on Ideas and Opinions Concerning DHRC’s Future Procedural Flowchart and Decree B. Review of Amendments to Chapter 58 - Human Relations Commission (Ordinance #2013-15) 8. Scheduling of Future Meetings A. Quarterly Meeting - February 26, 2014 9. Announcements 10. Adjournment /dd S:\AGENDAS-MINUTES-PACKETS\Misc-Agendas\HUMAN RELATIONS\2013\10-30-2013 Special DHRC.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

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DOVER HUMAN RELATIONS COMMISSION MEETING MINUTES OF SEPTEMBER 25, 2013 CITY COUNCIL CONFERENCE ROOM, CITY HALL, DOVER Present: Vice Chair, Dawn Allen-Pyne, Justina H. Brewington, Ellen O. Wasfi and Faye Della White, Dr. Linda Hackett and Chairman, Roy Sudler, Jr. Absent: Dr. Phyllis Edamatsu 1. Call to Order/Roll Call: Chairman, Roy Sudler, Jr. called the Dover Human Relations Commission Meeting to order on this day, Wednesday, September 25, 2013 at 7:03 p.m. 2. Moment of Silence: was observed. 3. Adoption of Minutes for Special Meeting of June 13, 2013 and Regular Meeting of August 28, 2013 a. Special Meeting of June 13, 2013 Chairman, Roy Sudler called for a motion to accept the minutes of the special meeting held on June 13, 2013 Vice Chair Dawn Allen-Pyne motion to accept the minutes of the special meeting held on June 13, 2013 with the proper corrections. Commissioner Dr. Hackett second Motion carried. b. Regular Meeting of August 28, 2013 Chairman, Roy Sudler called for a motion to accept the minutes of the meeting held on August 28, 2013 Vice Chair Dawn Allen-Pyne motion to accept the minutes of the special meeting held on August 28, 2013 with the proper corrections. Commissioner Brewington second Motion carried. 4. Comments/Presentations from Members of the Community: James Wilson a resident and business owner on 239 W. Lockerman Street in Dover Delaware approached the podium and made comments regarding being a victim of police brutality in the City of Dover, Delaware. Mr. Wilson stated that he attended a protest demonstration that was held recently in Dover at the Police Department on Bank Lane. The protest was for his cousin who was a victim of police brutality in the City of Dover, Delaware. He stated that his cousin was accused of loitering on Queen Street, in an area where his family members reside and was tazed in the face after running, by a Dover Police Officer. His cousin was then flown from Bay Health/Kent General Hospital to Christiana Hospital after suffering four fractures to his face, blood clots and bleeding on the brain. The intent of the demonstration was to question the Mayor and the Dover Police Chief as to why there are so many assaults in the community on black women, children and men for arrest verses having the judicial system vindicating or finding one guilty of whatever charge one is being accused. 1

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Mr. Wilson stated that he was assaulted when police officers ran into his place of business and after requesting a search warrant, surrendering by lying down on the floor, he was hit in the head twice with a blunt object. Mr. Wilson stated that at the meeting he attended Police Chief Hosfeld admitted that the surveillance video does show someone assaulting him. Mr. Wilson also stated that the Police Chief said that it was not anyone from the Dover Police Department. Mr. Wilson submitted pictures to the Commission of his injuries and a copy of the intake form he filed with the City Clerk’s Office on September 23, 2013. Mr. Wilson shared several stories of other African American residence in the City of Dover who also were treated brutally by the police after being arrested. Mr. Wilson stated that he did not know of DHRC and that it was an article in the Delaware State Newspaper regarding Derrick Smallwood, Reggie Hammond and the initiation of Dover Human Relations Commission that brought him into the DHRC Meeting tonight to offer support and to help combat the problem of police brutality in the African American community and to make a difference. Commissioner White stated she recalls some of the incidents Mr. Wilson spoke of and asks what kind of protection we can provide. Commissioner Brewington stated that we should not have to walk the streets of America afraid. Ms. Angelini from the community stated that there are times in our life where we have to be fearless to right injustice. Chairman Sudler thanked Mr. Wilson for coming out and expressing his concerns. Commissioner Brewington shared with Mr. Wilson that DHRC meet every forth Wednesday at 7:00pm. Commissioner White thanked Mr. Wilson also for coming out and stated that the DHRC meetings need to be televised on Comcast and announced in the newspapers to help inform the community of our presence. Commissioner Hackett stated that she was inspired by Mr. Wilson coming out to take a stand and wanting to help bring forth change and peace for everyone in the community. Commissioner Wasfi thanked Mr. Wilson and commented on the point that he made regarding the reason behind the formation of DHRC. She stated that the essence that she sees here is to bring forth public attention to what is going on in the community. She also stated that she would like to see the news media present at one of our meetings along with several members of the community presenting highly documented instances of how mistreatment has been done in patterns over the years. Commissioner Wasfi reiterated that a collective voice is needed to present the problems the community is facing. Chairman Sudler asked Mr. Wilson if he filled out a complaint form with the Dover Police Department after attending the meeting on police brutality concerns. Mr. Wilson stated that he did fill out a complaint form on April 10, 2013 with Lt. Richardson, Dover Police, Internal Affairs Division supplying of two witnesses. Mr. Wilson stated that he received a phone call days later from Lt. Richardson stating that the Dover Police Department did nothing wrong and his complaint will be turned over to the Office of Probation and Parole for further investigation. Mr. Wilson stated that he was not satisfied with the response he received from Lt. Richardson and forwarded a copy of his complaint to the Governor and Mayor being that the two witnesses that he supplied were not interviewed and an Internal Affairs Officer was present when he was hit in the head. 2

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Chairman Sudler asked Mr. Wilson if he received a written response to the complaint he filed. Mr. Wilson stated that at this point he did not receive any written response and was not comfortable with the fact that Lt. Richardson, Internal Affair Division is also a part of the Dover Police Department and his relationship with his colleagues may override his judgment to see that they done something wrong. Mr. Wilson stated that the reason why he feels this way is because the two witnesses he supplied Lt. Richardson were not interviewed and an Internal Affairs Officer was present when the brutality happened to him. Commissioner Brewington asked Mr. Wilson if the pictures he presented were attached to his intake form. Chairman Sudler stated that we did receive Mr. Wilson’s intake form and was instructed by the City Clerk’s Office today that this matter is out of our jurisdiction and being turned over to Internal Affairs. Mr. Wilson asked what the DHRC does Commissioner Wasfi responded that we have been trying to define that answer over the past two years. She also stated that DHRC provides a venue where the community can come to express their concerns with or without an intake form. Mr. Wilson stated that people can express their concerns to their wife, husband or minister. We are in need of an organization has power and can assist him with his concerns. Commissioner Sudler expressed that DHRC would like to function in its mandate. Commissioner Brewington asked Mr. Wilson if he has taken his concern to the State of Delaware Commission on Human Relations. Commissioner Sudler thanked Mr. Wilson again and asked if there was anyone else from the community who wanted to present tonight Debra Angelini, 200 W. Lockerman, Dover, Delaware approached the podium and stated that she attended a DHRC meeting in July 2013 regarding DART bus services and ask if we received any follow-up on the documentation she submitted. Chairman Sudler stated that we could not get involved because this issue is on a state level. Debra Angelini stated that she did follow up and got signatures of the public and made contact with other officials. She stated that she did contact and receive a response from Senator Bushwilder and DART who set up a meeting at the Public Library which Dart outlined their services. Ms. Angelini stated that the meeting did not clear up her concerns or resolve them but they are in review. She stated that she mentioned they need to change Darts fixed routes. Ms. Angelini stated that she spoken to other passengers and listened to their concerns and needs to find the right information and people to address those concerns. Chairman Sudler thanked Ms. Angelini for presenting and for all of her hard work. Commissioner Wasfi also thanked Ms. Angelini for her phenomenal work she has done contacting Dart and other public officials and suggested that she continue to follow up with those who she contacted and get others with the same concerns to do the same. 3

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Chairman Sudler asked Ms. Angelini to submit her packet to DHRC when completed so she can have it on public record. Ms. Angelini stated that she will forward a packet and follow up each town on the proposal Dart presented her. Commissioner White stated that she is glad that Ms. Angelini contacted Senator Bushwilder as suggested and advised that it will take some time for a response but know that the Senator will respond. Commissioner Sudler thanked Ms. Angelini again and asked if there was anyone else from the community who wanted to present tonight Mr. La Mar Gunn approached the podium with a complaint regarding his experience with members of City Council during the Regular Council Meeting of September 9, 2013, with regard to consideration of the Public Hearing - Appeal of Order to Vacate - 20 North New Street, 29 South New Street, and 37 South New Street, owned by the House of Pride. Mr. Gunn stated that he filed a complaint with the City Clerk’s Office. Mr. Gunn stated that his duty now is to help those in need until Dover is playing from a leveled playing field where everyone has an opportunity. He and others plan to bring training and employment opportunities into the community as well as economic development to the 4th district. Chairman Sudler thanked Mr. Gunn for coming out. Commission Wasfi suggested that Mr. Gunn contact the State Human Relations Commission as well. Commission White Mr. Gunn stated that he was told that this is a City of Dover issue. 5. Chair’s Report: Chairman Sudler postponed reviewing the remainder of the agenda until next meeting due to time constraints 6. Committee Report: a. School Programs: b. Community Programs: c. Assessment: d. Intake Forms: 7. New Business: a. Letter to Councilman James Hutchison – Dialogue on Ideas and Opinions Concerning DHRC’s Future Procedural Flowchart and Decree b. Discussion – Special Workshops, Finance Department Review of the City of Dover Purchasing Policy 8. Scheduling of Future Meetings: October 23, 2013 @ 7pm at Dover City Hall 9. Announcements: 4

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10. Adjournment : Vice Chair Dawn Allen-Pyne motioned to adjourn Commissioner White second Motion carried. Meeting adjourned at 9:15pm Respectfully Submitted, Belinda Talton 5

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Chairman’s Report DHRC Roy Sudler, Jr. September 25, 2013 ************************************************************************* I Roy Sudler, Jr., Chairman of the Dover Human Relations Commission now call to order on this day September 25, 2013 @ approximately ________________________p.m. The Dover Human Relations Commission Business Meeting. Madam Talton please call the roll ************************************************************************* X = Not Present 1). Ellen O. Wasfi________________ 2). Dr.Hackett________________ 3). Dawn Allen Pyne ___________ 4). Dr. Edamatsu___________ 5). Justina Brewington____ 6). Faye D. White______________ 7). Roy Sudler, Jr. Chairman______ 2). Moment of Silence: -------------. 3). Adoption of minutes 4). Comments/Presentations from Members of the Community-------- 5). Chair’s Report (Sudler) On September 9, 2013, I attended the City Council Meeting to hear the approval or disapproval of the 2013 – DHRC Resolution on Cessation of Illegal Gang Activity in Dover, Delaware. City Council voted unanimously to accept the DHRC Resolution on Cessation of Illegal Gang Activity in Dover, Delaware. On September 17, 2013, I was contacted by a Dover Resident who was very upset and concerned for Mr. Antonio Barlow who allegedly was arrested by the Dover Police Department and allegedly a victim of bias motivated police brutality according to his testimony of events that took place that evening. [Please see pictures and video statement on page 2.] 1.

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Chairman’s Report DHRC Roy Sudler, Jr. WP_20130917_003. WP_20130917_013. mp4 mp4 Video Coverage Video Coverage Antonio Barlow standing with Pastor Gordon at Dover Police Department [Protest @ Dover Police Department 12:20 p.m.] Supporters of Antonio Barlow and other alleged victims of racially motivated violence and police brutality claim against Dover Police Department. [Protest @ City Hall 1:22 p.m.]

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Chairman’s Report DHRC Roy Sudler, Jr. Residents of Dover expressing their opinion about Dover, Delaware

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Chairman’s Report DHRC Roy Sudler, Jr. Supporters Praying for Antonio Barlow and other alleged victims of police brutality in Dover, Delaware.

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Chairman’s Report DHRC Roy Sudler, Jr.  That will conclude Chair- Sudler’s Report for August 2013. 6. Committee Reports: A). School Programs Chair Report: Commissioner Ellen O. Wasfi B). Community Programs Chair Report: Commissioner Dawn Allen-Pyne C). Assessment Chair Report: Commissioner Dr. Phyllis Edamatsu D). Intake Chairs Report: Commissioner Ms. Justina Brewington 7. Unfinished Business: A). Discussion on future date for a workshop with the City of Dover’s Finance Department on Best Practices for being awarded City Bid Proposals in the Procurement Process for the City of Dover 8. New Business: A. Letter to Councilman James Hutchison, Sr. – Dialogue on Ideas, Opinions and Concerns for DHRC future 9). Scheduling of Next Regular Meeting: 10). Announcements: 11). Adjournment Scheduled for 9 p.m.: The meeting was adjourned at _______p.m.

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SAMPLE OF LETTER TO COUNCILMAN JAMES HUTCHISON, SR. September 19, 2013 ******************************************************************************* Dear Councilman James Hutchison Sr.: On August 26, 2013, at City Council Meeting, Dover Human Relation’s Commissioner Ellen O. Wasfi along with DHRC Chairman Roy Sudler, Jr., asked you if you would be willing to discuss with DHRC some of your concerns and views concerning the future mandate of the Dover Human Relations Commission and how the commission can be even better than how it has been functioning since its conception. The Commission is eager to hear your opinion and looks forward to working with the City Council and Mayor. Please contact the City’s Clerk Office upon your earliest convenience if you are still interested in meeting with DHRC on October 23, 2013. Thank you, Respectfully, Roy Sudler, Jr. Dover Human Relations Commission - DHRC

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CITY OF DOVER ORDINANCE #2013-15 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 58 - Human Relations, Article II - Human Relations Commission, be amended by inserting the bold, blue text and deleting the text indicated in bold, red, strikeout as follows: Sec. 58-31. Purpose. The city council has deemed it to be in the best interest of the city to establish a human relations commission to include members who are broadly representative of the entire community and who are committed to a philosophy of inclusion, intergroup cooperation, and fair treatment that will effectively help the city meet the following needs: (1) Fairness, respect. Promote and develop an environment of fairness and respect among its citizens; (2) Monitoring. Develop ways to measure and monitor community relations, particularly those that are sources of intergroup conflict; (3) Intergroup relations. Involve all segments of the community in understanding and appreciating the benefits of positive intergroup relations; (4) Issues. Offer a range of programs and services that will help its residents and neighborhoods prevent and resolve issues of human relations; and (5) Intergroup conflict. Develop ways of anticipating, preparing for, and relieving community tensions arising from intergroup conflict. (Code 1981, § 2-16; Ord. of 2-11-2002) Sec. 58-32. Established; composition; appointment; representation; holding other office; removal from office; terms of office; vacancies; reappointments. (a) Established. There is hereby established an advisory commission to be known as the "City of Dover Human Relations Commission," to carry out the objectives as described in this article. (b) Composition; appointment. The members of the human relations commission shall be appointed by the president of the council, based upon recommendations from and subject to confirmation by the council. The human relations commission shall consist of 15 nine members, all residents of the city. Five of these members shall be appointed by the mayor and confirmed by the city council. Ten of these members shall be appointed by the president of the council, based upon recommendations from the council and confirmed by the council. Two members shall be selected from each council district and one member shall serve from the city at-large. (c) Representation. In selecting the membership of the commission, the mayor and president of the council and the council shall take particular care shall be taken to ensure that the commission is broadly representative of racial, religious, gender and

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ethnic groups residing in the city. (d) Holding other office; removal. No member of the commission shall hold any elected or appointed office under the government of the United States or the state, county, or city. The mayor or city council president may remove members of the commission, with the concurrence of the city council, for substantial neglect of duty, or gross misconduct in office. (e) Terms of office; vacancies. A member of the commission shall be appointed for a term of office of three years and until his successor has been appointed and has qualified. The appointees shall be appointed for staggered terms of office. When a vacancy occurs in the membership of the commission, it shall be filled by appointment for the unexpired portion of the term in the same manner as the original appointment. (f) Reappointments. Members may be reappointed. (Code 1981, § 2-17; Ord. of 2-11-2002; Ord. No. 2010-23, 8-23-2010) Sec. 58-33. Organization; quorum; meetings; rules of procedure; limitation of functions; agreements; compensation; legal counsel; reports. (a) Organization. The human relations commission shall annually elect its own chairperson to preside over its meetings and may create and fill such other offices and committees among its members as may be found necessary and proper for its effective organization. (b) Quorum. A majority of the membership of the commission shall constitute a quorum and, if a quorum is present, a vacancy on the commission shall not impair the right of the remaining members to exercise all the powers of the commission. (c) Meetings. The commission shall hold at least five meetings per year; one each quarter and one to be determined by the commission. such meetings as may be deemed necessary for the completion of its purposes, responsibilities and functions. Regular meetings shall be held at least once per month unless there is no business to be considered by the commission. Special meetings may be called by the chairperson or three members of the commission. All meetings shall be held at City Hall and in accordance with the Laws of Delaware regarding the Freedom of Information Act (FOIA) and City of Dover procedures. The commission will distribute its agendas and minutes through the City Clerk's Office. (d) Rules of procedure. The commission is also authorized to adopt rules of procedure for the conduct of its meetings. (e) Functions limited. The commission shall not involve itself in activities or functions already assigned by law or decree to other governmental bodies. (f) Agreements. The commission may enter into agreements and build partnerships with other entities and organizations for the purpose of more efficiently and effectively carrying out its responsibilities.

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(g) Compensation. Members of the commission shall receive no compensation. (h) Legal counsel. The city solicitor shall provide legal counsel to the commission and shall be the legal representative of the commission in connection with its duties hereunder, on a case-by-case basis, or determine that outside counsel is needed and obtain such outside counsel for a particular matter. (i) Reports. The commission shall make such reports report to the mayor and city council as shall be periodically necessary on a quarterly basis regarding its affairs. An annual report of its accomplishments and a summary of its recommendations, as appropriate, shall be sent provided to the mayor and the city council. (Code 1981, § 2-18; Ord. of 2-11-2002) Sec. 58-34. Expenses. (a) Budget. The city council may appropriate a budget for the city human relations commission to provide for necessary expenses and expenditures. (b) Other funding. The commission may also receive funding from other governmental, philanthropic or private organizations for the exclusive purpose of carrying out its responsibilities. (Code 1981, § 2-19; Ord. of 2-11-2002) Sec. 58-35. Conflicts of interest. If any member of the human relations commission concludes that he has they have a conflict of interest with respect to a matter which is pending before the commission, that member shall disqualify himself themself from participating in any deliberations, discussions and decision making processes of the commission. (Code 1981, § 2-20; Ord. of 2-11-2002) Sec. 58-36. Powers and duties. The powers and duties of the human relations commission shall be to: (1) Recommendations. Review city programs, activities, functions and ordinances, and make recommendations to the city council for new, amended or changed programs, functions, activities or ordinances which would support inclusiveness and civility among city residents and enhance communication and understanding among residents of the city; (2) Intergroup conflicts. Inquire into incidents of intergroup conflicts and disputes within the city and take such action as may be designed to alleviate such conflicts and disputes; (3) Intergroup cooperation. Promote and encourage communications between and cooperation of all groups interested in bettering human relations in the city; (4) Complaints. Seek the active assistance of the state human relations commission in the

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solution of complaints of alleged discrimination which fall within the jurisdiction of the state commission; (5) Research, education, etc. Engage in such research, education and advocacy as, in the judgment of the commission or the city council, may be needed to improve human relations in the city; (6) Programs. Develop and maintain programs that build positive relations among communities and enhance problem-solving skills among residents throughout the city; (7) Other functions. Do all other acts and deeds necessary and proper to carry out and effectively accomplish the objectives, functions and services contemplated by the provisions of this article. (Code 1981, § 2-21; Ord. of 2-11-2002) ADOPTED: SEPTEMBER 23, 2013

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