DHRC PACKET

CITY OF DOVER, DELAWARE DOVER HUMAN RELATIONS COMMISSION Tuesday, June 18, 2024 at 6:10 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us should you wish to be recognized. OPEN FORUM - 10 Minutes Prior to Official Meeting (6:00 p.m.) The “Open Forum” 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 during the Open Forum as an opportunity will be provided during consideration of that item. Citizen comments are limited to five (5) minutes. The Commission is prohibited from taking action since they are not in official session; however, they may schedule such items as regular agenda items and act upon them in the future. ADOPTION OF AGENDA APPROVAL OF MINUTES 1. Dover Human Relations Commission Meeting of May 21, 2024 OLD BUSINESS 2. Title VI Requirement and Coordinator for the City Update (Jason Lyon, Water/Wastewater Director) COMMITTEE REPORTS/UPDATES 3. Assessment (Ms. Hall, Ms. Mullen and Dr. Mishoe Sudler, I) 4. Community Programs (Mr. Faust and Dr. Mishoe Sudler, I) 5. School Programs (Mr. Gaddis, Mr. Lott, Ms. White and Dr. Mishoe Sudler, I) 6. By-laws (Dr. Mishoe Sudler, I and Ms. White) 7. Finance (Ms. Hall and Dr. Mishoe Sudler, I) 1

DOVER HUMAN RELATIONS COMMISSION - June 18, 2024 PAGE 2 NEW BUSINESS 8. Discussion - Brochure updates ADJOURNMENT BY 7:00 P.M. To assure that there will be a quorum, please RSVP by contacting the City Clerk's Office by email at cityclerk@dover.de.us or by calling 736-7008 as soon as possible. THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 2

Item 1. DOVER HUMAN RELATIONS COMMISSION The Dover Human Relations Commission (DHRC) met on May 21, 2024, at 6:07 p.m. with Vice Chairperson Hall presiding. Members present were Mr. Fleming, Ms. White (in at 06:43 p.m.), Mr. Faust, Dr. Mishoe Sudler, and Mr. Lott. Mr. Simmons, Mr. Gaddis and Ms. Mullen were absent. ADOPTION OF AGENDA Mr. Faust moved for approval of the agenda, seconded by Dr. Mishoe Sudler, I and unanimously carried. ADOPTION OF MINUTES Mr. Fleming moved for adoption of the minutes of the Dover Human Relations Commission Meeting of March 19, 2024. The motion was seconded by Mr. Faust and unanimously carried. NEW BUSINESS Human Relations Commission Intake Form Modification to Meet Title VI Requirements (Jason Lyon, Water/Wastewater Director) Jason Lyon, Water/Wastewater Director, stated that a couple of years ago, the city applied for congressional spending through one of the local legislators. The request aimed to fund water quality improvements, including new water mains and a new drinking water well. When the project was submitted through the local representatives, it gained traction at the federal level and was included in the omnibus bill. The omnibus bill is essentially a compilation of various bills consolidated into one large package. As part of this package, the city was awarded $2.25 million, which required a 25% matching contribution from the city. Upon receiving this information, the city began the process of completing the necessary paperwork with the federal government. They discovered that they needed to meet specific requirements to secure funding from the EPA, which is the source of the money. One requirement is to provide alternative language assistance for residents who do not speak English as their primary language, which they are currently addressing internally. Additionally, the city must comply with Code of Federal Regulations (CFR) Title 40, specifically Titles V and VII, which pertain to the Civil Rights Act. Mr. Lyon noted that they have talked internally about how the city is going to meet this obligation. Mr. Lyon explained that they need to establish a grievance procedure for the public to address any discrimination issues. Additionally, a coordinator must be appointed to oversee this process. He discussed proposed changes to the intake form, allowing residents to specify the type of discrimination they experienced from 12 categories: race, color, religion, creed, age, sex, national origin, physical or mental disability, medical condition, marital status, veteran status, genetic information, and retaliation. Mr. Lyon stated that he was aware of the Dover Human Relations Commission (DHRC) but had not interacted with them, so he is unsure how often they receive intake forms or what resolutions follow. The city's hope is that the President of the DHRC will serve as the coordinator, listed on the 3

Item 1. DOVER HUMAN RELATIONS MEETING OF MAY 21, 2024 PAGE 2 website as the contact for grievances. There is no specific federal deadline for processing these intake forms, but Mr. Lyon has seen a 180-day turnaround in other jurisdictions. If a resolution is required, the city would need to take appropriate action. The DHRC, in such cases, utilizes the city's legal counsel for any discriminatory issues. Mr. Lyon added that they have had productive conversations with the State Human and Civil Rights Commission, particularly regarding the Delaware Equal Accommodations Law (DEAL), which prohibits discrimination in public-serving establishments. The State indicated that they would be a resource for the City of Dover if needed. Mr. Lyon appreciated the cooperation from the State and found this a valuable learning opportunity, despite it not being his area of expertise. Responding to Mr. Faust, Mr. Lyon stated that the city must have the capability to accept any language. They are currently working with the state to potentially use their contract for this service. Essentially, if someone calls in speaking Haitian, for example, city staff would have a phone number to connect with the state contractor for a three-way call, enabling interpretation. No action is needed from the DHRC on this matter. Responding to Mr. Faust, Mr. Lyon stated that this requirement falls under ADA law, which is closely related to other sections of the code. The intake form includes references to physical or mental disabilities, among other protected classes. Mr. Lynn explained the roadmap for this discussion would eventually go through counsel for approval if so desired. Responding to Ms. Hall, Mr. Lyon stated that he would like to ensure the coordinator is considered for the role of president as part of the motion. Bishop Lott moved to accept the changes to the intake form and the appointment of the Chairman as the Coordinator for the Human Relations Commission. Mr. Faust moved to accept the changes to the intake form and to table the appointment of the Coordinator for the Human Relations Commission. The motion was seconded by Dr. Mishoe Sudler, I and unanimously carried. OLD BUSINESS Committees Updates Community Programs Mr. Faust stated that they have been exploring community programs, such as town hall meetings or events where citizens can access various resources, including housing assistance, VA services, and medical support. They are currently identifying potential locations and costs. One preliminary option is the Green, which requires coordination with the City of Dover. The process is ongoing, with some contacts yet to respond, either due to breaks or resource constraints. Responding to Mr. Faust, Ms. Hall suggested having a booth at the African American Festival this summer. 4

Item 1. DOVER HUMAN RELATIONS MEETING OF MAY 21, 2024 PAGE 3 Dr. Mishoe Sudler moved that they complete the application and pursue what is needed to have the $150.00 available for that. The motion was seconded by Mr. Faust and unanimously carried. Mr. Fleming discussed the possibility of purchasing new shirts for the members of the DHRC. He indicated that he would conduct research on prices and designs. Bishop Lott moved to have new shirts made for the members of the DHRC. The motion was seconded by Dr. Mishoe Sudler, I and unanimously carried. Education and Development Dr. Mishoe Sudler, I stated that he does not have a formal report, but that he does have concerns about recent events in his district, particularly around Delaware State University. There have been shootings in the city and near the university, which is concerning because these issues can spill into the schools. One major concern is the traffic on State College Road. There have been multiple accidents near the university's back gates in the past year. He believes it is important for them as a commission to initiate a dialogue with relevant agencies, including the State of Delaware, the Department of Transportation, the University, and the City of Dover, to address the traffic situation. The traffic is increasing, especially with frequent stops near the back gate for food services. They need to address this before a serious accident occurs. He hopes they can work together to make some meaningful changes. Responding to Dr. Mishoe Sudler, Ms. Hall stated that she appreciates his point, and it is well taken. Her youngest son just graduated from DSU, and she remembers making pit stops herself at that back gate to drop things off. It is common to see delivery drivers pull in there, and it can be chaotic. They are either backing in or out, and oncoming traffic gets confused. It is definitely a situation that needs attention. Responding to Mr. Fleming, Dr. Mishoe Sudler stated that at one point there was a large homeless encampment on that curve, however they have since relocated. They will still see maybe one (1) or two (2) who will come back and post up a little camp. At this moment they are not the size that they were before, and they really do not see anybody walking back and forth through the woods. Not to say that they are not there, but it is not like it was. Ms. Hall and Mr. Faust discussed hosting youth activities during the summer while kids are out of school. They also discussed the City’s programs for the youth as well. Responding to Dr. Mishoe Sudler, Ms. Hall stated that when she considers organizing trips outside of the city for the youth, liability is a significant concern. Responding to Ms. Hall, Mr. Faust suggested looking grants or funding opportunities to support trips for the youth, specifically for insurance coverage and transportation costs. He also discussed investigating grants or liability waivers for this purpose. Responding to Mr. Faust, Ms. Hall stated that she is certainly not opposed to researching the matter. If they could look into potential grants or funding opportunities available to them, that would be great. During the IMA meeting the previous evening, it was mentioned that certain organizations still have parts of the city's budget pending approval. If organizing trips for youth is feasible, perhaps they could partner with an agency that already has nonprofit status. Such an organization could approach the city for funding allocated for these trips. She believed partnerships and coalition building would be essential. 5

Item 1. DOVER HUMAN RELATIONS MEETING OF MAY 21, 2024 PAGE 4 Responding to Dr. Mishoe Sudler, Ms. White stated that there are organizations like Hershey Park and many attractions in Philadelphia that handle all the responsibilities for such trips. All they need to do is arrange transportation. Hershey Park, for example, offers many free events for groups. By reaching out to these organizations, they can accommodate them without any pressure. All they have to do is express their interest. Strategic Plan 2020-2023 Mr. Fleming moved to defer Strategic Plan 2020-2023 until they have an opportunity to have Counsil present to discuss it further. The motion was seconded by Mr. Faust and unanimously carried. Responding to Mr. Fleming, Ms. Hall stated that she would like to revisit the original question regarding the effectiveness of the Commission's actions. She acknowledges that there are limitations to what they can achieve. Sometimes, their role is to connect individuals with the resources and agencies that can make a tangible difference. They provide intake forms, listen to concerns, and allow the process to unfold accordingly. Ultimately, decisions often rest with the council or the city solicitor to determine the city's legal obligations and whether further action falls within their purview. They can only address what is within their capabilities. She understands the members' frustrations and wants to assure them that their concerns are heard. ADJOURNMENT BY 7:00 P.M. Ms. Hall moved for adjournment of the Dover Human Relations Commission (DHRC) hearing no objection the meeting adjourned at 7:10 p.m. Meeting adjourned at 7:10 p.m. Alan P. Gaddis Chair APG/aw 6

Item 2. Discrimination Complaint and Compliance Review/Grievance Procedure It is the policy of the City of Dover (“City”) to ensure full compliance with federal nondiscrimination laws in all programs and activities. The City will not discriminate on the basis of race, color, national origin, religion, ancestry, ethnic group identification, creed, sex (including actual or perceived sexual orientation or gender identity), disability, mental disability, physical disability, medical condition, genetic information, marital status, veteran’s status, or age in any City programs, services, or activities. Title VI of the Civil Rights Act of 1964 (“Title VI”) prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. The Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act (“Section 504”) prohibit discrimination on the basis of disability by state or local government agencies and recipients of federal financial assistance. Discrimination includes, but is not limited to, excluding an individual from participation in or denying an individual the benefits of any program or activity receiving Federal financial assistance due to the individual’s race, color, national origin, sex, age, or disability. The City does not exclude, deny benefits to, or otherwise discriminate against any person on the basis of race, color, religion, ancestry, ethnic group identification, national origin, creed, disability, mental disability, physical disability, medical condition, genetic information, marital status, age, veteran’s status, or sex (including actual or perceived sexual orientation or gender identity) in the administration of its programs or activities, whether carried out by the City directly, through a contractor, or any other entity with whom the City arranges to carry out its programs and activities. The City is committed to taking reasonable steps to provide timely and meaningful access for Limited English Proficient Persons coming into contact with the City’s programs, services, and activities. The City will provide free language assistance to such persons. For more information on language assistance, contact TBD TBD PO Box 475 Dover, DE 19903-0475 TBD tbd@dover.de.us This Complaint and Compliance Review/Grievance Procedure is established so that any member of the public who believes he or she has been subjected to discrimination in the receipt of benefits and/or services from the City on the basis of race, color, religion, ancestry, ethnic group identification, national origin, creed, disability, mental disability, physical disability, medical condition, genetic information, marital status, age, veteran’s status, or sex (including actual or perceived sexual orientation or gender identity) and wishes to file a complaint may do so following the outline below. In addition, the City’s Civil Rights Compliance Coordinator may, on their own initiative, undertake compliance reviews to investigate compliance of City departments with Title VI, the ADA, Section 504, and other federal and state civil rights laws in the absence of a complaint on a periodic basis. The City is prohibited from 7

Item 2. retaliating against any member of the public who files a complaint under these procedures and any retaliation will be handled promptly if it occurs. The complaint shall be in writing and contain information about the complainant and the alleged discrimination such as: 1. The name, address, and phone number of complainant; 2. The location, date, and description of the alleged violation; and 3. The signature of the complainant or his or her designee. Please see THE CITY OF DOVER HUMAN RELATIONS COMMISSION INTAKE FORM at the end of this Procedure. If the complainant is unable to submit the complaint in writing, he or she may call the Civil Rights Compliance Coordinator to submit a verbal complaint. The complaint shall be submitted by the complainant or his or her designee as soon as possible but no later than 180 calendar days after the alleged violation to: City Clerk’s Office City Hall 15 Loockerman Plaza Dover, DE 19903 302-736-7008 cityclerk@dover.de.us If a complaint is submitted directly to a City Department, office, or staff member, the City Department, office, or staff member shall forward the complaint to the City Clerk’s Office within 5 calendar days. Within 10 calendar days after receipt of the complaint: 1. the City Clerk’s Office will have the City Solicitor review the complaint to determine if the Dover Human Relation Commission has jurisdiction of the complaint and send the complainant an acknowledgment letter informing her/him whether the complaint will be investigated. This letter will also inform the complainant of his/her right to file directly with the State of Delaware Division of Human and Civil Rights, or a federal agency; 2. if the City Solicitor finds jurisdiction, the compliant will be scheduled to be heard at the next Dover Human Relations Commission meeting for review and a direction will be provided. The Dover Human Relations Commission will notify the City Department that is the subject of the complaint and request a response to the complaint and will begin an investigation. The investigation may include interviews of the complainant, City employees, contractors, subcontractors, subgrantees, and witnesses to the alleged discrimination, as well as review of any physical or written evidence. The City Civil Rights Compliance Coordinator may attempt to conciliate and resolve the complaint through a mutually agreeable solution. Any such informal resolution must be signed by both the City Department that is the subject of the complaint, and the complainant. Absent extenuating circumstances, the City Civil Rights Compliance Coordinator will complete the investigation and resolution efforts within 30 days after beginning the investigation. 8

Item 2. An appropriate, prompt, and impartial investigation of any allegations filed under federal non- discrimination statutes will be conducted. A preponderance of the evidence standard will be applied during the analysis of the complaint. This investigation shall include collaboration with the City’s Human Relations Commission. When the City Civil Rights Compliance Coordinator determines that discrimination has occurred, and an informal resolution is not reached, the City Civil Rights Compliance Coordinator shall determine any necessary remedial actions and order the complained-of City Department to implement the accepted recommendations. Absent extenuating circumstances, the City Civil Rights Compliance Coordinator will provide a written response to the complaint within 60 calendar days after beginning the investigation. The Coordinator will issue one of three letters: 1. a closure letter summarizing the allegations and stating that there was not a violation and that the case will be closed; or 2. a letter of resolution summarizing the allegations and describing the informal resolution mutually agreed to by the complainant and the City Department about which the complaint was submitted; or 3. a letter of finding (“LOF”) summarizing the allegations and the investigation of the alleged complaint and explaining any remedial action to be taken by the City. If the response does not satisfactorily resolve the issue, the complainant or the City Department may appeal the decision to the City Manager within 15 calendar days after receipt of the response from the City Civil Rights Compliance Coordinator. Within 30 calendar days after receipt of the appeal, the City Manager or his or her designee will meet with the complainant and the affected City Department to discuss the complaint and possible resolutions. The City Manager of his or her designee may also interview witnesses and review any physical or written evidence. Within 30 calendar days after the meeting with the complainant and City Department, the City Manager or his or her designee will respond in writing to the complainant, with a final resolution of the complaint. If at any time a delay is expected, the City Civil Rights Compliance Coordinator will notify the complainant in writing of the reasons(s) for the delay and the expected date for a response. The City Civil Rights Compliance Coordinator shall maintain records of complaints received, informal resolutions, investigation findings, appeals, and appeal decisions. The City Civil Rights Compliance Coordinator shall document actions taken to resolve each complaint, communicate complaint activity to the appropriate federal agency as required, and maintain copies of complaints and documentation of their resolution for a period of not less than two (2) years. The City Civil Rights Compliance Coordinator (through the City Clerk’s office) shall furnish a report to the City Council at least annually regarding the number, nature, and status of complaints. These procedures do not deny the right of the complainant to file a complaint with state or federal agencies, or to pursue litigation for complaints alleging discrimination, intimidation, or retaliation of any kind that is prohibited by law. 9

Item 2. Nondiscrimination Statement The City of Dover is committed to a policy of non-discrimination in the conduct of its business, including meeting its responsibilities under Title VI of the Civil Rights Act, the Americans with Disabilities Act, and other federal and state laws, and to the delivery of equitable and accessible services. It is the policy of the city to ensure full compliance with federal nondiscrimination laws in all programs and activities. The city will not discriminate on the basis of race, color, national origin, religion, ancestry, ethnic group identification, creed, sex (including actual or perceived sexual orientation or gender identity), disability, mental disability, physical disability, medical condition, genetic information, marital status, veteran’s status, or age in any city programs, services, or activities. It is unlawful for City of Dover programs, lessees, tenants, concessionaires. and contractors to discriminate against any person because of race, color, religion, ancestry, ethnic group identification, national origin, creed, disability, mental disability, physical disability, medical condition, genetic information, marital status, age, or sex (including actual or perceived sexual orientation or gender identity) in their public services, activities and employment opportunities. For more information, or to file a complaint about discrimination or retaliation, contact City Clerk’s Office City Hall 15 Loockerman Plaza Dover, DE 19903 302-736-7008 cityclerk@dover.de.us Click here for both the complaint procedure and to download THE CITY OF DOVER HUMAN RELATIONS COMMISSION INTAKE FORM Completed forms may be mailed or emailed to: City Clerk’s Office City Hall 15 Loockerman Plaza Dover, DE 19903 302-736-7008 cityclerk@dover.de.us 10

Item 8. OUR MEETINGS COMMITTEE ASSIGNMENTS Alan Gaddis DHRC Chair School Programs Dover Donyale Hall Human DHRC Vice-Chair Assessment Relations Finance Commission William G. Faust, Jr. Community Programs Faye White School Programs Meetings are on the 3rd Tuesday of each month By-laws from 6:00 p.m. – 7:00 p.m. Open to the public, these meetings are held in the Council Chambers Wanda Mullen at City Hall. Assessment The Commission begins each regular meeting by Bishop Marion Lott, Sr. inviting anyone present to address the School Programs Commission during its open forum from 6-6:10 pm. Comments must be limited to five minutes, Dr. Travis Mishoe Sudler, I and no action is taken. Assessment Community Programs Meeting information and agendas are posted on School Programs the bulletin board at City Hall and on the City of By-laws Dover’s website at www.cityofdover.com Finance Working together toward understanding, Fairness. diversity and mutual respect. CITY HALL Dover Human Relations Commission c/o City of Dover 15 Loockerman Plaza PO Box 475 Dover, DE 19903-0475 (Between the Dover Public Library and PNC Bank) www.cityofdover.com/dhrc

Item 8. WHO WE ARE OUR MISSION WHAT WE DO DHRC Members The Dover Human Relations Commission is committed to The Commission works with the City Council and At-Large DHRC Member working to ensure community the City Administration and other community Donyale Hall inclusion, intergroup cooperation organizations to strengthen inter-group Phone: (302) 399-8838 and fair treatment for all its citizens. relationships and to eliminate discrimination; E-mail: donyalehall69@gmail.com and, to anticipate, prepare for and resolve The commission interacts with the incidents of intergroup conflicts and disputes First District City of Dover to ensure that it has within the city. Paul J. Fleming Phone: (302) 734-1585 and utilizes policies, programs, E-mail: cpflem@yahoo.com City ordinances, and specialized Resources. Joseph C. Simmons Phone: (302) 224-6891 Also, the commission provides E-mail: simmonj@verizon.net education and support to foster diversity, inclusion, and cultural Second District competency in its organization and William G. Faust, Jr. services. Phone: 302-242-6657 / 302-736-5199 E-mail:codeblue1999@verizon.net The Commission’s goal is to promote Faye D. White Understanding and appreciation of Phone: (302) 241-9559 Diversity, inclusion, and positive E-mail: N/A Intergroup relations, and advocate For a fair and respectful environment Third District Among its citizens. Alan Gaddis Phone: (732) 996-4343 E-mail: Agaddis448@comcast.net Wanda Mullen Phone: (302) 399-5267 E-mail: herbresha@aol.com Fourth District Bishop Marion Lott, Sr. Phone: (302) 3595054 E-mail: bishopmlott@gmail.com Dr. Travis Mishoe Sudler, I OUR VISION Phone: (302) 359-5054 E-mail: tsudler@desu.edu The Commission’s vision is a city whose government, organizations, groups and Mailing address: individual citizens value diversity, P.O. Box 475 Dover, DE 19903-0475 inclusion, respect and trust. Fax: (302) 736-5068