Civil Rights Commission

CIVIL RIGHTS COMMISSION MEETING CITY OF DAVENPORT, IOWA Tuesday, November 18, 2025; 12:00 PM Virtual Via Zoom: https://us02web.zoom.us/j/84869608008?pwd=MUhuMUNSUnp4WlZndk9tbXZiMlY1UT09 I. Roll Call Virtual Via Zoom: https://us02web.zoom.us/j/84869608008?pwd=MUhuMUNSUnp4WlZndk9tbXZiMlY1UT09 II. Approval of Agenda III. Approval of Minutes A. September 2025 Minutes B. October 2025 Minutes C. Special Meeting Minutes September 24 2025 IV. Director's Report A. October 2025 Director's Report B. October 2025 Case Status Report V. New Business A. PA-0009-0003-25 B. Request for Budget Rollover C. Office Relocation VI. Old Business VII. Closed Session Pursuant to Iowa Code 21.5(1)(c) VIII. Public Comment and Presentation IX. Adjourn X. Next Meeting  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 11/18/2025 Subject: September 2025 Minutes Attachments: 1. SEPTEMBER 2025 Meeting MInutes  CIVIL RIGHTS COMMISSION MEETING CITY OF DAVENPORT, IA TUESDAY, OCTOBER 14, 2025 The Davenport Civil Rights Commission met and Called to Order: 12:03 via Zoom. Commissioner Mike Guster presided over the meeting. ROLL CALL: COMMISSIONERS PRESENT: Mike Guster Frank Holley Charlene Upchurch-Taylor Glenn Peterson Ethelene Boyd Jeff Transou COMMISSIONERS ABSENT: None OTHER ATTENDEES: Director Latrice Lacey The City of Davenport AGENDA: Commissioner Mike Guster called for the approval of the agenda. It was moved by Commissioner Frank Holley to accept the agenda: seconded by Commissioner Jeff Transou; motion carried. APPROVAL of SEPTEMBER 2025 MINUTES: • Special Meeting Minutes-Tabled until next month • September 2025 Minutes-Tabled until next month DIRECTOR’S REPORT: • No right to sue letters issued in the month of August • Two settlements, one employment case settled in mediation in August, which settled for $8,000 in relief in the public interest; the housing case settled for $10,000 in relief in the public interest. • Have not received a response regarding the salary assessment • The Council’s resolution states the city views the Commission as an independent agency; the Commission has control over employment matters. • The Commission should be allowed to set salaries without interference.  • The Director attended the IORA Midwest meeting. • Have not received a response from HUD on travel funds. • Interested in attending are Commissioners Boyd, Holley, and Upchurch-Taylor • President Guster suggested someone who hasn’t attended be considered. • Items that were supposed to be processed following the passing of the resolution have not been processed. • The Commissioner’s vote on the Director’s vacation pay has not been corrected. • Commissioner Guster suggested Director Lacey follow up on these issues that haven’t been resolved. • Director Lacey hasn’t received an update on proposed relocation. • We presently have 76 housing cases; 6 new; and one closed last month. • We currently have 176 employments; 1 close, 29 public accommodations; 3 EEOC referrals; and 19 education complaints NEW BUSINESS: • A. E-0081-0036-21-Commissioner Boyd moved that the Commission does not take this case due to insufficient resources to take this case at the present time. Second by Commissioner Holley; motion carried • B. Potential Overreach by the City Attorney into the Commission Authority • C. New Positions 1. Senior Civil Rights Analyst 2. Civil Rights Intake Specialist 3. Civil Rights Intake Intern 4. Civil Rights Mediator 5. Part-Time Senior Civil Rights Analyst • Frank Holley moved that the Commission approve all five positions for hire; 2nd by Commissioner Boyd; motion carried D. Updates to the Hearing Officer List • It was moved by Commissioner Boyd that we add the two attorneys, Joshua Barr and Carol Johnson to the existing hearing officers’ list; Commissioner Holley second; motion carried. OLD BUSINESS: None PUBLIC COMMENTS AND PRESENTATIONS: None NEXT MEETING: Regular DCRC Meeting, October 14, 2025 Special Meeting- October 23, 2025 ADJOURN: Commissioner Mike Guster called to adjourn the meeting. It was moved by Commissioner Frank Holley and Seconded by Commissioner Ethelene Boyd to adjourn the meeting at 12:57; motion carried. Submitted by, Commissioner Charlene Upchurch-Taylor Commissioner Charlene Upchurch-Taylor, Secretary  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 11/18/2025 Subject: October 2025 Minutes Attachments: 1. OCTOBER 2025 Meeting MInutes  CIVIL RIGHTS COMMISSION MEETING CITY OF DAVENPORT, IA TUESDAY, OCTOBER 14, 2025 The Davenport Civil Rights Commission met and Called to Order: 12:03 via Zoom. Commissioner Mike Guster presided over the meeting. ROLL CALL: COMMISSIONERS PRESENT: Mike Guster Frank Holley Charlene Upchurch-Taylor Glenn Peterson Ethelene Boyd Jeff Transou COMMISSIONERS ABSENT: None OTHER ATTENDEES: Director Latrice Lacey The City of Davenport Fred Sinkevich-Representing Tavarian Moore and Sharena Harris Doug Phillips-Representing Davenport Community School District Tavarian Moore and Sharena Harris AGENDA: Commissioner Mike Guster called for the approval of the agenda. It was moved by Commissioner Frank Holley to accept the agenda: seconded by Commissioner Jeff Transou; motion carried. APPROVAL of SEPTEMBER 2025 MINUTES: • Special Meeting Minutes-Tabled until next month • September 2025 Minutes-Tabled until next month DIRECTOR’S REPORT: • No right to sue letters issued in the month of September • Still awaiting implementation of salaries for investigation and related positions • The City attorney believes new positions will automatically be added to the union, which raises questions about their applicability. • Continue to await the completion of the Commission approved items following the passage of the Council resolution  • Director Lacey attended the HUD FAP meeting • Short update has been provided on the property proposed for the office relocation September 2025 Case Status Report • No cases settled in mediation or conciliation in September • Six new cases were reported last month: including one public accommodation case and five informal cases • Housing- 1 closed; 11 closed to YTD-69 open; Total 80 • Employment-4 closed; 14 closed YTD; 171 open; Total 185 • Public Accomodations-1 new; 2 closed YTD; 27 open; Total 29 • Education-19 open; Total 19 • Informals- 5 new; 5 closed; 28 closed YTD; open 2; Total 30 • TOTALS- 6 New; 10 Closed; 55 Closed YTD; 288 Open; TOTAL 343 NEW BUSINESS: • Commission positions-Union- The Commission’s positions are not supposed to in the union • City attorney requested a vote on the commissioners’ position regarding union contracts, • Commission voted to take no action; it has already been stated that its position should not be included in the city’s union • Commissioners’ Roll call to take no action: o Guster-No o Holley-No o Transou-No o Upchurch-Taylor-No o Peterson-No o Boyd-No OLD BUSINESS: None Closed Session Pursuant to Iowa Code 21.5(1)(f) A. ED-0118-0002-15 B. Doug Phillips, representing the Davenport Community School District, shared comments before the commission went into closed session. C. Phillips confirmed the commission had received his written responses to the complainant’s bill of exceptions. D. He emphasized that the administrative law judge (ALJ) found the district’s actions were not discriminatory. E. The complainant’s disappointment with the decision does not meet the standard for changing the ALJ’s recommendation. F. Phillips suggested that the commission adopt the ALJ’s recommended decision to allow all parties to move forward. G. Frederick Sinkevich, legal representative for Ms. Harris and Mr. Moore made his comments before the commission went into closed session. H. The focus is on the failure to provide Mr. Moore with an ASL interpreter throughout his education.  I. The IEP team allegedly ignored requests for an interpreter, which impacted Mr. Moore’s communication with peers and teachers. J. The complaint was initiated in 2015, and the district continued to deny the requested accommodation until Mr. Moore graduated in 2021 K. Ms. Harris witnessed her son’s struggles due to the lack of support, which affected his relationship with deaf culture and self-identity. Commissioner Guster asked for a motion to go into closed session pursuant to Iowa Code 21.5(1)(f) to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. It was moved by Commissioner Boyd and second by Commissioner Peterson to go into closed session; motion carried. Commissioners: Guster-Yes Holley-Yes Boyd-Yes Peterson-Yes Transou-Yes Upchurch-Taylor-Yes • “At __12:33 o’clock pursuant to Iowa Code §21.5(1)(f) and upon motion by Commissioner_Boyd, seconded by Commissioner __Peterson_ and with all Commissioners Guster, Holley, Peterson, Boyd, Transou, and Upchurch-Taylor present and voting yes, the Commission moved into closed session to discuss the decision in a contested case proceeding." • On motion by Commissioner _Holley_____, seconded by Commissioner ____Peterson______, all Commissioners Guster, Holley, Transou, Boyd, and Upchurch- Taylor present voting yes, the Commission reconvened in open session at ___2:04_______ p.m. • Commisioner Peterson left at 1:50 for appointment. • We, the Davenport Civil Rights Commission, reject the Administrative Law Judge’s decision based on evidence of discrimination, and the Davenport School District failed to provide the necessary accommodation. The complainant must provide within 30 days an explanation of requested compensation. Votes: Commissioner Guster -Yes Commissioner Petersen-Absent Commissioner Boyd-Yes Commissioner Transou-Yes Commissioner Holley-Yes Commissioner Upchurch-Taylor-Yes Closed Session Pursuant to Iowa Code 21.5(1)(c) At ___2:11__ o’clock pursuant to Iowa Code §21.5(1)(c) and upon motion by Commissioner __Holley_, seconded by Commissioner __Boyd__ and with all Commissioners Guster, Holley, Transou, Boyd, and Upchurch-Taylor present and voting yes, the Commission moved into closed session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Roll Call: Guster-Present Boyd-Present Upchurch-Taylor-Present Holley-Present Transou-Present Peterson-Absent Director Lacey-Present • On motion by Commissioner __Holley__, seconded by Commissioner ___Transou_, all Commissioners Guster, Holley, Transou, Boyd and Upchurch-Taylor present voting yes, the Commission reconvened in open session at ___3:00_ p.m. • It was moved by Commissioner Holly and second by Commissioner Upchurch- Taylor that the Commission authorize its legal counsel to initiate, defend, or otherwise participate in judicial or administrative proceedings as necessary to prevent further usurpation or interference with the Commission’s authority, and to preserve the independence, integrity, and enforceability of its statutory powers. Motion carried Votes: Commissioner Guster -Yes Commissioner Petersen-Absent Commissioner Boyd-Yes Commissioner Transou-Yes Commissioner Holley-Yes Commissioner Upchurch-Taylor-Yes PUBLIC COMMENTS AND PRESENTATIONS: None NEXT MEETING: Regular DCRC Meeting, November 11, 2025 ADJOURN: Commissioner Mike Guster called to adjourn the meeting. It was moved by Commissioner Frank Holley and Seconded by Commissioner Ethelene Boyd to adjourn the meeting at 12:57; motion carried. Submitted by, Commissioner Charlene Upchurch-Taylor Commissioner Charlene Upchurch-Taylor, Secretary  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 11/18/2025 Subject: Special Meeting Minutes September 24 2025 Attachments: 1. SPECIAL MEETING MINUTES SEPTEMBER 24J 2025  CIVIL RIGHTS COMMISSION SPECIAL MEETING CITY OF DAVENPORT, IOWA Wednesday, September 24, 2025; 10:00 AM ROLL CALL: COMMISSIONERS PRESENT: Mike Guster Frank Holley Graig Peterson Ethelene Boyd Jeff Transou Charlene Upchurch-Taylor Approval of Agenda: Commissioner Guster called for approval of the agenda. It was moved by Commissioner Boyd to accept the agenda; second by Commissioner Peterson; motion carried III. Approval of Minutes-None IV. Director's Report -None V. New Business -None VI. Old Business-None VII. Closed Session Pursuant to Iowa Code 21.5(1)(f) A. H-0050-0015-21 Commissioner Mike Guster asked for a motion to go into closed session pursuant to Iowa Code §21.5(1)(f) To discuss the decision to be rendered in a contested case proceeding conducted according to the provisions of chapter 17A. At ___10:06__ o’clock pursuant to Iowa Code §21.5(1)(f) and upon motion by Commissioner Boyd________, seconded by Commissioner ___Holley___ and with all Commissioners Mike Guster, Frank Holley, Glenn Peterson, Ethelene Boy, Jeff  Transou, and Charlene Upchurch-Taylor present and voting yes, the Commission moved into closed session to discuss the decision to be rendered in a contested case proceeding. Nature of the Claim The Fair Housing Act (FHA) and the Davenport Civil Rights Ordinance (DCRO) make it unlawful to discriminate against any person in the terms, conditions, or privileges of the rental of a dwelling because of race, or because of association with individuals of a particular race. These laws also prohibit coercion, intimidation, threats, or interference with any person in the exercise of their fair housing rights. In this case, Complainant alleges that Respondent unlawfully discriminated against her because of her association with her Black children and her Black significant other. Specifically, Complainant contends that: 1. She was subjected to racial harassment by her neighbor, Cunningham, including racial slurs and disparaging remarks. 2. Cunningham pressured Respondent, her landlord, to terminate her tenancy because of these associations. 3. Respondent complied with Cunningham’s demands, terminating her tenancy, and gave false reasons for doing so. Respondent denies these allegations and asserts that the termination was for legitimate, nondiscriminatory reasons. The landlord didn’t sell the property until 20 months later Attorney Tyler Adams- presented information that stated it was unlawful housing discrimination. Attorney Mike Walker presented information that stated Ms. Cunningham caused the problem and not the landlord. She had police called on her due to disturbance. The landlord was getting out of the rental business and that’s the reason he evicted her from her home. He also stated the landlord did not know the children were biracial. After listening to both attorneys, this Commission rejects the Administrative Law Judge’s ruling, and we agree to reward the complainant financial hardship and emotional distress. We give the complainant 30 days to suggest compensation for these hardships. Roll Call: Commissioners in agreement: Mike Guster-Yes Frank Holley-Yes Jeff Transou-Yes Ethelene Boyd-Yes Glenn Petrson-Yes Charlene Upchurch-Taylor-Yes Motion to reconvene in open session: On motion by Commissioner ___Peterson____, seconded by Commissioner __Holley_______, all Commissioners present Guster, Holley, Transou, Boyd, Peterson, and Upchurch-Taylor voting yes, the Commission reconvened in open session at __11:15____ a.m..” Open Session: After listening to both attorneys, this Commission rejects the Administrative Law Judge’s ruling, and we agree to reward the complainant financial hardship and emotional distress. We give the complainant 30 days to suggest compensation for these hardships. Votes: Commissioner Guster-Yes Commissioner Petersen-Yes Commissioner Boyd-Yes Commissioner Transou-Yes Commissioner Holley-Yes Commissioner Upchurch-Taylor-Yes VIII. Public Comment and Presentation-None IX. Adjourn It was moved by Commissioner Boyd to adjourn the meeting; second by Holley; motion carried X. Next Meeting-October 14, 2025 Submitted by, Commissioner Charlene Upchurch-Taylor Commissioner Charlene Upchurch-Taylor, Secretary  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 11/18/2025 Subject: October 2025 Director's Report Attachments: 1. October 2025 Director's Report  DIRECTOR’S REPORT FOR THE DAVENPORT CIVIL RIGHTS COMMISSION FOR October 2025 I. CASE STATUS 1. No “right to sue” letters were issued in the month of October. 2. No cases settled in mediation or conciliation in the month of October. II. OTHER ACTIVITY 1. The Director completed case processing documentation. 2. The Director met with the Chair and Vice Chair on followup to the October Joint Meeting. 3. The Director coordinated with outside counsel to draft materials supporting legal matters pertaining to the Commission. 1. A letter was sent to Corporation Counsel conveying the Commission’s position, we were asked to delay taking further action until November 21st, which was agreed upon. 4. On October 31, the Director learned that a unit clari cation petition had been led with the Employment Appeals Board (EAB), citing the Commission’s status as a separate employer as the basis for removing the positions from the existing bargaining unit. This ling is consistent with the Commission’s longstanding interpretation of its authority as outlined in the law, although in recent years city staff have taken actions based on a differing interpretation and have expressed disagreement with the Commission’s and the Director’s understanding of the applicable provisions. 5. The Commission received an update on the property proposed for the of ce relocation, however we continue to await updates on next steps. 1. Option 1 - The costs associated with repairs seem to relate to a major remodel, rather than accessibility updates and minor cosmetic changes. 2. Option 2 - “Collins House” - A single family home. 6. The Director never received any response from the former City Administrator regarding Finance’s information on HUD funding, including the noti cation that Finance will no longer perform the Finance-related certi cation for our HUD contract, despite controlling the funding. Most recently, a change was made to the budget on October 30 without prior or subsequent noti cation, in the context of ongoing staf ng challenges and workplace disruptions. These circumstances make it extremely dif cult to manage a budget effectively or certify nancial actions when there is no control or visibility over key changes. 7. Additional delays have continued due to a lack of response from Human Resources, slow processing of personnel actions by both Finance and Human Resources, and the unilateral removal of the Civil Rights Investigator job posting. Furthermore, there remains no resolution to the internal complaint regarding the interception of the Commission’s con dential mail, submitted on December 20, 2023. 8. The Director continues to monitor COVID-191 rates and its impact on of ce functions. 9. The Director worked on case resolution documents. 10. The Director worked on litigation. 11. The Director continued reviewing applications for the open positions. 1 Also, measles, influenza and RSV. fi fi fi fi fi fi fi fi fi fi fi fi  12. The Director continues to work on the development of training and professional development opportunities related to the staf ng realignment related to the forced departure of the Asst. Director/Housing Programs Manager. 13. Housing Analyst worked on housing investigations. 14. Housing Analyst worked on housing inquiries. 15. Housing Analyst worked on case resolutions. III. OLD BUSINESS 1. Ongoing discrimination, harassment and bullying of Commission staff. 1. Retaliatory actions against Commission staff and further examples of different treatment. 2. Legal Department refusal to accept Commission referral. 3. Use of racial slurs in City Hall. City’s failure to initiate complaint investigation. 4. Investigation of hostile working environment, still no ndings over a year after the initiation of the investigation. 5. Continued refusal to process vacation correction, despite receiving their legal opinion which clearly indicates that the Commission’s procedure for processing the correction was appropriate and the subsequent resolution directing the reversal of any decisions infringing on the Commission’s decision making authority. 6. Constructive discharge of Commission employees. 7. The Commission continues to face delays and obstructive actions by City Administration that have hindered resolution of matters previously presented to the City Council. These actions appear to be intended to undermine the Commission’s mission and re ect ongoing retaliation and retaliatory harassment in response to substantiated complaints of discrimination and harassment. 8. Of ce Relocation - The Director conducted a preliminary accessibility audit of the property, there appears to be suf cient room for the Commission and it appears to be able to be updated within the budget set for the of ce remodel. The city submitted a copy of the preliminary report of the property, which appears to highlight the same issue included within the preliminary accessibility audit submitted by the Commission. There is an updated assessment of the property which outlines a substantial remodel of the building, beyond what was requested by the Commission. 9. Council Resolution - The resolution was passed July 23, 2025 however past actions have not been corrected. IV. NEW BUSINESS 1. Open meetings and open records training. fl fi fi fi fi fi  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 11/18/2025 Subject: October 2025 Case Status Report Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 11/18/2025 Subject: PA-0009-0003-25 Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 11/18/2025 Subject: Request for Budget Rollover Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 11/18/2025 Subject: Office Relocation Attachments: None