Attachment

DOVER HUMAN RELATIONS COMMISSION AGENDA This meeting has been canceled due to inclement weather. These agenda items will be considered at a future Committee meeting. January 26, 2011 - 7:00 P.M. - Council Chambers - City Hall - City of Dover 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-m ail at cityclerk@dover.de.us) should you wish to be recognized. 1. Call to Order/Roll Call 2. Moment of Silence 3. Agenda Additions/Deletions 4. Adoption of Minutes - November 17, 2010 5. 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. 6. Chair's Report (Sudler) 7. Committee Reports A. Intake Screening/Hearing(s) (Britt) a-1. Marsha Misenheimer B. School Programs (Wasfi) C. Community Programs (Allen-Pyne) D. Assessment (Edamatsu) 8. Unfinished Business A. Mental Health Forum Update - Letter to City Council B. Flow Chart - Implementation of Mediation Process 9. New Business A. Welcome New Member - Mr. G. Thomas Steele B. Discussion - Chapter 58 - Human Relations C. Review of By-Laws, Article I-II 10. Suggestions for Agenda Items for Future Meetings A. Next Community Meeting - February 23, 2011 at 6:30 p.m., Simon Circle Boys & Girls Club B. Next Regular Meeting - March 23, 2011 at 7:00 p.m. 11. Announcements 12. Adjournment by 9:00 P.M. /dd S:\AGENDAS & MINUTES\Misc-Agendas\HUMAN RELATIONS\2011\01-26-2011.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.

DOVER HUMAN RELATIONS COMMISSION MINUTES OF NOVEMBER 17, 2010 CITY HALL COUNCIL CHAMBERS Present: Dawn Allen-Pyne, Maisha Britt, Ellen Wasfi, Chair Roy Sudler, Jr., Lee Mac Callum, Vice Chair Willie Jones, Catherine Gregory, and Phyllis Edamatsu arrived late. I: The meeting was called to order at 7:12 p.m. and there was a moment of silence. II: There was a motion by Willie Jones to approve the agenda. Lee Mac Callum seconded it, all were in favor, and the motion passed. III: There was a motion by Lee Mac Callum to approve the minutes for the September 22, 2010 meeting, and for the October 27, 2010 meeting. Ellen Wasfi made corrections to her name on the October minutes, and corrected the wording of the section about her nomination by Mr. Finney. Lee Mac Cullum corrected the spelling of his name. Maisha Britt moved to accept the minutes as corrected, and Helen Wasfi seconded, and all were in favor. IV: There were no members of the community present for comments. V: Chair Sudler produced a copy of his Chair’s report and read it to the Commission. He wants to carry on all of the DHRC activities with transparency and he wishes to keep all of the commissioners informed and up to date. Ellen Wasfi discussed the FOIA, (Freedom of Information Act) for the members of the Commission. Maisha Britt was asked to assist the Chair in using “Roberts Rules of Order” to keep the meetings running smoothly. She offered to look into booklets and a DVD for the commissioners to refer to. Ellen Wasfi thought that the DHRC should not be taking orders from the City Council, but Catherine Gregory felt that DHRC should not be adversarial and should take their suggestions, discuss them and report back to the City Council. Phyllis Edamatsu reminded the Commission that DHRC is an advisory board to the City Council, not visa versa. There was also some discussion of having study circles for the commissioners in order to sensitize them to their jobs on the Commission. For informational purposes for the new members on the Commission, there was a discussion of how the Commission is supposed to deal with a complaint from a citizen by using the Intake Form and then having a hearing. The Commissioners decided to begin their annual Bylaws review. Ellen Wasfi made a motion to conduct a review of an article each month. Maisha Britt seconded the motion. Catherine Gregory suggested that a schedule be made up so that all the Commissioners will know ahead of time what articles will be discussed, and will have read and submitted their input to the Chair before the meeting. She agreed to make the schedule and bring it to the December meeting. Ellen Wasfi made a motion to add the amendment, Willie seconded, and all approved the motion.

-2- VI: Committee Reports: A: School Programs: Ellen Wasfi reported that she has been having difficulty getting her study circles on racism and race relations implemented in Dover High School. She said that the school staff, faculty and students initially were enthusiastic, but coordinating everyone’s schedules is a problem. B: Community Report: Chair Sudler reported that he has arranged to have the next Community Outreach Meeting at the Boys and Girls Club at Simon Circle Dover. Ellen Wasfi described the purpose of the meetings, so the new commissioners could get a feel for what to expect. DHRC conducts these community forums to see what the people need or what concerns they have. At the close of the report, Chair Sudler stepped down as head of the committee, and asked if anyone would like to take over. Commissioner Dawn Allen-Pyne volunteered to head up the committee, and Catherine Gregory said she would help. VII: Welcome New Members: Chair Sudler asked for volunteers to fill the vacant positions left open. Maisha Britt took the position of Intake Screening Chair. VII: Next Community Meeting: To be held on January 26, 2011 at 6:30 pm at the Boys and Girls Club. Chair Sudler will finalize the arrangements. IX: New Business; Announcements: There will be a Commemorative Breakfast on Martin Luther King Jr. Day in January at the Modern Maturity Center, 6:00 am. Commissioners who want to attend and sit together at a table will be able to buy tickets soon from Willie Jones. Ellen Wasfi was honored by the League of Women Voters of Kent County with the Flame of Democracy Award. The next meeting of the DHRC will be on December 15th. Meeting was adjourned at 8:45pm. Attachments Attachment #1 - Chair’s Report - Dated November 15, 2010 Attachment #2 - Community Programs Report

Attachment #1 DHRC M eeting of 11/17/2010

Attachment #2 DHRC M eeting of 11/17/2010

DHRC INTAKE AND SCREENING COMMITTEE REPORT January 26, 2011 On November 17, 2010 during the regular meeting of the Dover Human Relations Commission, I accepted the position as chairperson of the Intake and Screening Committee as appointed by DHRC Chairman Roy Sudler, Jr., and also received the committee file folder consisting of previously filed intake forms. On November 18, 2010, I reviewed an intake form submitted by Ms. Marsha Misenheimer, documenting an alleged job discrimination complaint against Carmike Cinema in Dover. I began calling Ms. Misenheimer on December 2, 2010, and left several voicemail messages asking her to return my call. On December 7, 2010, I spoke with Ms. Misenheimer relating to her complaint. She stated that she had spoken to Mr. Sudler and he had encouraged her to appeal her termination of employment. After speaking with Ms. Misenheimer, I asked if she could produce her cell phone records for the month of October 2010, to show the times of incoming and outgoing calls. I stated that it may help in her appealing her termination if, in fact, there were no such calls during the time that she was working, other than her break time, on the day in question. I conferred with Chairman Sudler, and Denise in the City Clerks office. The City Solicitor’s office was contacted by the Clerks office and a determination was made. On January 18, 2011, I telephoned Ms. Misenheimer and left her a voicemail message asking her to return my call. On January 18, 2011, City Clerk Traci A. McDowell, CMC, sent a letter to Ms. Misenheimer advising her of the City Solicitor’s opinion stating that her case is a private matter between her and Carmike Cinema, and that the DHRC has no jurisdiction to become involved in her case. Ms. McDowell also attached a copy of Section 58-36 of the Dover Municipal Code that establishes the powers and duties of the Dover Human Relations Commission. This concludes my report for the January 26, 2011 meeting. Respectfully submitted, Maisha D. Britt, Ph.D. Chairperson

DHRC School Programs Committee Report Last year I held discussions with Marni (Nia) Williams, J.D., Site Director at Dover High School of Communities in Schools in Delaware (CIS), about introducing Study Circles on Racism and Race Relations to the staff and students of Dover High. As already reported, there was much enthusiasm for the project, but working it into the high school schedule proved a major obstacle to implementation. Ms Williams has since been promoted to the position of Executive Director of the Wilmington Affiliate Office of Communities In Schools of Delaware, Inc., and will now oversee all of the New Castle County sites of CIS. The new Site Director at Dover High is Terisha Collins. I will contact her and try to restart efforts to implement the Study Circle program. Thank you, Ellen Wasfi DHRC

ARTICLE II. HUMAN RELATIONS COMMISSION 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 commission shall consist of 15 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. (c) Representation. In selecting the membership of the commission, the mayor and president of the council and the council shall take particular care to ensure that the commission is broadly representative of racial, religious, gender and 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 the 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 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. (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. (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 to the mayor and city council as shall be periodically necessary. An annual report of its accomplishments and a summary of its recommendations, as appropriate, shall be sent 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 a conflict of interest with respect to a matter which is pending before the commission, that member shall disqualify himself 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 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)