Civil Rights Commission

CIVIL RIGHTS COMMISSION MEETING CITY OF DAVENPORT, IOWA Tuesday, February 10, 2026; 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. December 2025 Minutes B. January 2026 Minutes IV. Director's Report A. December 2025 Director's Report B. December 2025 Case Status Report C. January 2026 Director's Report D. January 2026 Case Status Report V. New Business A. Position Restructuring VI. Old Business VII. Closed Session Pursuant to Iowa Code 21.5(1)(f) A. H-0050-0015-21 VIII. Public Comment and Presentation IX. Adjourn X. Next Meeting  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 2/10/2026 Subject: December 2025 Minutes Attachments: 1. December 9 Draft Minutes  DAVENPORT CIVIL RIGHTS COMMISSION Minutes of Regular Meeting Tuesday, December 9, 2025; 12:00 PM The Davenport Civil Rights Commission (DCRC) met at 12:25 p.m. Tuesday, December 9, 2025, online via Zoom. Commission Chair Michael Guster presided over the meeting. Call to Order: 12:25 Commissioners Present: Frank Holley, Charlene Upchurch-Taylor, Michael Guster, Ethelene Boyd Commissioners Absent: Jeff Transou, Glenn Petersen Others Present: City of Davenport Agenda: Motion to amend December 9 agenda removing Item A) Closed Session Minutes from agenda by Commissioner Holley, seconded by Commissioner Boyd. Amended and approved as submitted. Minutes: - Motion by Commissioner Holley to accept with any necessary corrections; seconded by Commissioner Boyd. Director’s Report: No right-to-sue letters issued in November. No cases settled in mediation or conciliation. Director Lacey reports on the followup to the Joint Session with the City Council. Director Lacey states that she has not been provided an update on the finance and relocation issues. Director Lacey states that the Commission was provided with an update on the move to Fire Station 3, after resubmitting the previously submitted document outlining the Commission’s needs, as the Commission’s needs have not changed since then. Director Lacey states Assistant City Administrator Gleason stated that she had not received the Commission’s August 2025 information from former City Administrator Maxeiner, and the bid presented at the Joint Session related to a larger, general remodel, rather than being tailored to the specific requests submitted by the Commission. Director Lacey provided an update on the city’s challenges related to the Commission hiring a staff member residing in California who would work remotely. The City Administrator indicated that the biggest concern was the employee working remotely as the city currently lacks a formal remote work policy, which has raised concerns about processing the individual's employment. HR has indicated issues with setting up payroll due to the staff member's state of residence, with no specificity as to the nature of the concerns. HR directs the Commission to seek alternative solutions, such as engaging an outside consultant, establishing a direct contract, or partnering with a staffing agency. Director Lacey states that these options appear to conflict with city code, which designates HR as responsible for personnel services for boards and commissions. Director Lacey has requested further clarification and is awaiting a response from city staff to determine the next steps. The interim city administrator has committed to following up on the matter. ​ ​ ​ ​ ​ ​ ​ ​ ​ Director Lacey states two new staff members were onboarded and she is awaiting a third new staff member. New Business: E-0131-0070-17 - Claim based on race and in retaliation for engaging in protected activity. Complainant states that they were subjected to a hostile working environment, which was reported to Respondent and allowed to continue. Recommend not to go to public hearing due to the limited resources of the Commission. Motion by Comm’r Holley/Seconded by Boyd. PUBLIC COMMENT AND PRESENTATION None ADJOURN The meeting was adjourned by unanimous consent of the members of the Commission at 12:49 p.m. NEXT MEETING The next regular meeting of the Commission is January 13, 2026, at 12 noon.  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 2/10/2026 Subject: January 2026 Minutes Attachments: 1. DCRS Reg Meeting January 13, 2026  DAVENPORT CIVIL RIGHTS COMMISSION Minutes of Regular Meeting Tuesday, January 13, 2026; 12:00 PM The Davenport Civil Rights Commission (DCRC) met at 12:00 p.m. Tuesday, January 13, 2026, online using Zoom. Commission Chair Michael Guster presided over the meeting. Commission Chairman Guster had Commissioner Holley take the roll call. COMMISSIONERS PRESENT: Ethelene Boyd Michael Guster Frank Holley Charlene Upchurch-Taylor Jeff Transou COMMISSIONERS ABSENT None OTHER PERSONS PRESENT: Attorney Mike Walker Stephanie Musser Attorney Tyler Adams Attorney Frederick Sinkevich Attorney Judith Herrmann Rene Lapierre Julia Adams Others from the community AGENDA Commissioner Guster called for the approval of the agenda. Commissioner Upchurch-Taylor made a motion to approve the agenda; Commissioner Boyd seconded the motion. All Commissioners approved the agenda. APPROVAL OF MINUTES A. The minutes for December 9, 2025, meeting were tabled until the next meeting. DIRECTORS REPORT The Director was on leave, so the Director’s Report was tabled until next month’s meeting. NEW BUSINESS A. E-0077-0042-17 Commissioner Guster asked Stephanie Musser about this case since the Director was on leave. She stated that the Director suggested this not be taken to public hearing due to the Commission’s lack of resources. Commissioner Guster asked for comment or a motion. Commissioner Boyd made a motion to not let this case go to public hearing due to the lack of Commission resources, Commissioner Upchurch-Taylor second the motion. All Commissioners voted in favor of the motion. B. Selection of Officers Commissioner Guster declared all positions vacated on the Commission. Commissioner Guster then stated that he would take nominations for the position of Chair of the Civil Rights Commission. Commissioner Holley then made a motion to nominate Commissioner Guster to stay on as Commission Chair. No other nominations were presented. Commissioner Guster had a vote taken and all Commissioners voted Aye to keep Commissioner Guster on as Commission Chair. Commissioner Guster stated there would be nominations now for Vice Chair. Commissioner Boyd nominated Commissioner Holley to stay on as Vice Chair. No other nominations were presented. Commissioner Guster had a vote taken and all Commissioners voted Aye to keep Commissioner Holley on as the Commission Vice Chair. Commissioner Guster stated the Commissions Secretary position would now be open for nominations. Commissioner Boyd made a motion to nominate Commissioner Upchurch-Taylor. Commissioner Upchurch-Taylor declined the nomination. Commissioner Guster asked if there were other nominations. Commissioner Boyd then nominated Commissioner Transou for the position. No other nominations were made. Commissioner Guster then took a vote and all Commissioners voted Aye to have Commissioner Transou as the Commission Secretary. OLD BUSINESS Closed Session Pursuant to Iowa Code 21.5 (1)(f) A. ED-0118-0002-15 Before the Commission went into a closed session, Attorney Julia Adams representing the Davenport Community School District spoke to the Commission on her opinion of reasonable damages, if any, that the Commission should consider in this case. Attorney Frederick Sinkevich then spoke for the Complainants about why he believed the amounts in damages being asked for were reasonable and justified. “At 12:37 p.m. o’clock pursuant to Iowa Code 21.5 (1) (f) and upon motion by Commissioner Boyd, seconded by Commissioner Transou and with all Commissioners, Boyd, Guster, Holley, Upchurch-Taylor, and Transou present and voting yes, the Commission moved into closed session to discuss the decision to be rendered in a contested case proceeding.” Commissioner Guster had Commissioner Transou take a roll call before going into closed session. Commissioner Boyd Yes Commissioner Guster Yes Commissioner Holley Yes Commissioner Upchurch-Taylor Yes Commissioner Transou Yes The Commission came back into an open session at 2:06 p.m. Roll call was taken by Secretary Transou. Commissioner Boyd Yes Commissioner Guster Yes Commissioner Holley Yes Commissioner Upchurch-Taylor Yes Commissioner Transou Yes The following decision was made by the Commission and read as follows: 1. Tuition Reimbursement Denied 0.00 2. Past Emotional, Student Accepted $10,000 3. Past Emotional, Parent Accepted $5,000 4. Future Emotional Damages, Student Denied 5. Future Emotional Damages, Parent Denied 6. Attorney Fees and Costs Accepted (Only fees and costs documented in the record.) 7. Staff training/Policy Changes Denied 8. Other equitable relief Denied Closed session pursuant to Iowa Code 21.5 (1)(f) A. H-0050-0015-21 “At 2:21p.m. o’clock pursuant to Iowa Code 21.5 (1)(f) and upon motion by Commissioner Boyd, seconded by Commissioner Holley, and with all Commissioners, Boyd, Holley, Guster, Upchurch-Taylor, and Transou present and voting yes, the Commission moved into closed session to discuss the decision to be rendered in a contested case proceeding.” Commissioner Guster had Commissioner Transou take a roll call before going into closed session. Commissioner Boyd Yes Commissioner Guster Yes Commissioner Holley Yes Commissioner Upchurch-Taylor Yes Commissioner Transou Yes The Commission came back into an open session at 3:03 p.m. Roll call was taken by Secretary Transou. Commissioner Boyd Yes Commissioner Guster Yes Commissioner Holley Yes Commissioner Upchurch-Taylor Yes Commissioner Transou Absent The Commission could not complete its review of H-0050-0015-21 within the time allotted and the Commission will take this matter up at its February 10, 2026, and continue its deliberation at that time. PUBLIC COMMENT AND PRESENTATION None ADJOURN The meeting was adjourned by unanimous consent of the members of the Commission at 3:07 p.m. NEXT MEETING The next regular meeting of the Commission is February 10, 2026, at 12 noon. Submitted by Commissioner Jeff Transou  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 2/10/2026 Subject: December 2025 Director's Report Attachments: 1. January 2026 Director's Report DIRECTOR’S REPORT FOR THE DAVENPORT CIVIL RIGHTS COMMISSION FOR December 2025 I. CASE STATUS 1. One “right to sue” letter was issued in the month of December. 2. One case settled in mediation in the month of December. This case involved allegations of race discrimination in employment. The case resolved for $8,000 for the Complainant and relief in the public interest. II. OTHER ACTIVITY 1. The Director completed case processing documentation. 2. The Director followed up on the correspondence to City Administrator Gleason relating to the November Joint Meeting regarding finance and relocation and the delayed hiring of part-time employee. 3. The Director worked with outside counsel to compile materials supporting legal matters pertaining to the Commission. 4. The Director continues to await the receipt of an updated proposal on the property proposed for the office relocation as mentioned last month, the previous bid related to a larger, general remodel, rather than being tailored to the specific requests submitted by the Commission. 5. The Director still has not received commitment from the CFO to attend the Commission meeting to go over the answers to the questions posed following the Joint Work session with the City Council, the initial request was for attendance at the November meeting. 6. As reported in November, the Director was notified by the Human Resources Director that Human Resources could not process a personnel action, due to the current state of residence of the staff member. After the request for further information on an expected timeline for processing the personnel action, the Director received an email stating that the Commission would need to hire a consultant to ascertain the appropriate manner to hire the employee, the options given were: 1. Engaging an outside consultant with specialized expertise in California hiring practices. 2. Establishing a direct contract with the individual to provide services. 3. Partnering with a staffing agency with a local office in California to employ this individual. This directive appears to conflict with the city code which states that the Director of Human Resources shall “provide staff services for the City and for various boards, consultants, study commissions and other governmental agencies regarding personnel needs and problems.” Dav. Mun. Code § 2.50.050(E). The Commission relies on HR to fulfill this statutory responsibility, which includes supporting the onboarding and employment of Commission staff regardless of their state of residence. This matter has not been resolved to date. It appears that the ongoing delays due to a lack of response from Human Resources, slow processing of personnel actions by both Finance and Human Resources, have continued.  7. There remains no resolution to the internal complaint regarding the interception of the Commission’s confidential mail, submitted on December 20, 2023. 8. The Director continues to monitor COVID-191 rates and its impact on office 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. 12. The Director continues to work on the update of training materials and professional development opportunities related to the staffing realignment related to the forced departure of the Asst. Director/Housing Programs Manager. 13. The Housing Analyst resigned and the position is being staffed on an interim basis by the Civil Rights Intake staff member. 14. The Civil Rights Intake Specialist worked on housing investigations. 15. The Civil Rights Intake Specialist worked on housing inquiries. 16. The Civil Rights Intake Specialist worked on case resolutions. 17. The Senior Civil Rights Analyst worked on case intakes. 18. The Senior Civil Rights Analyst worked on investigations. 19. The Senior Civil Rights 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 findings 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 reflect ongoing retaliation and retaliatory harassment in response to substantiated complaints of discrimination and harassment. 8. Office Relocation - The Director conducted a preliminary accessibility audit of the property, there appears to be sufficient room for the Commission and it appears to be able to be updated within the budget set for the office 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, 1 Also, measles, influenza and RSV.  beyond what was requested by the Commission, the Director received notice from Interim City Administrator Nicole Gleason that they had not been provided the Commission’s scope which was submitted in August 2025 and the city staff would be redoing the proposal based upon the data requested from the Commission. 9. Council Resolution - The resolution was passed July 23, 2025 however past actions have not been corrected. IV. NEW BUSINESS 1. Staffing delays.  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 2/10/2026 Subject: December 2025 Case Status Report Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 2/10/2026 Subject: January 2026 Director's Report Attachments: 1. February 2026 Director's Report  DIRECTOR’S REPORT FOR THE DAVENPORT CIVIL RIGHTS COMMISSION FOR January 2026 I. CASE STATUS 1. One “right to sue” letter was issued in the month of January. 2. One case settled in mediation in the month of January. This case involved allegations of race discrimination in employment. The case resolved for $8,000 for the Complainant and relief in the public interest. II. OTHER ACTIVITY 1. The Director completed case processing documentation. 2. The Director continued to follow up on the correspondence to City Administrator Gleason relating to the November Joint Meeting regarding finance and relocation and the delayed hiring of part-time employee. 3. The Director worked with outside counsel to compile materials supporting legal matters pertaining to the Commission. 4. The Director continues to await the receipt of an updated proposal on the property proposed for the office relocation as mentioned last month, the previous bid related to a larger, general remodel, rather than being tailored to the specific requests submitted by the Commission. 5. The Director still has not received commitment from the CFO to attend the Commission meeting to go over the answers to the questions posed following the Joint Work session with the City Council, the initial request was for attendance at the November meeting. 6. The Director attended FY27 Budget meeting, however was not provided budget information relating to the meetings nor the DCRC. 7. As reported in November, the Director was notified by the Human Resources Director that Human Resources could not process a personnel action, due to the current state of residence of the staff member. After the request for further information on an expected timeline for processing the personnel action, the Director received an email stating that the Commission would need to hire a consultant to ascertain the appropriate manner to hire the employee, the options given were: 1. Engaging an outside consultant with specialized expertise in California hiring practices. 2. Establishing a direct contract with the individual to provide services. 3. Partnering with a staffing agency with a local office in California to employ this individual. This directive appears to conflict with the city code which states that the Director of Human Resources shall “provide staff services for the City and for various boards, consultants, study commissions and other governmental agencies regarding personnel needs and problems.” Dav. Mun. Code § 2.50.050(E). The Commission relies on HR to fulfill this statutory responsibility, which includes supporting the onboarding and employment of Commission staff regardless of their state of residence. This matter has not been resolved to date. It appears that the ongoing delays due to a lack of response  from Human Resources, slow processing of personnel actions by both Finance and Human Resources, have continued. 8. There remains no resolution to the internal complaint regarding the interception of the Commission’s confidential mail, submitted on December 20, 2023. 9. The Director continues to monitor COVID-191 rates and its impact on office functions. 10. The Director worked on case resolution documents. 11. The Director worked on litigation. 12. The Director continued reviewing applications for the open positions. 13. The Director continues to work on the update of training materials and professional development opportunities related to the staffing realignment related to the forced departure of the Asst. Director/Housing Programs Manager. 14. The Housing Analyst position continues to be staffed on an interim basis by the Civil Rights Intake staff member. 15. The Civil Rights Intake Specialist worked on housing investigations. 16. The Civil Rights Intake Specialist worked on housing inquiries. 17. The Civil Rights Intake Specialist worked on case resolutions. 18. The Senior Civil Rights Analyst worked on case intakes. 19. The Senior Civil Rights Analyst worked on investigations. 20. The Senior Civil Rights 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 findings 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 reflect ongoing retaliation and retaliatory harassment in response to substantiated complaints of discrimination and harassment. 8. Office Relocation - The Director conducted a preliminary accessibility audit of the property, there appears to be sufficient room for the Commission and it appears to be able to be updated within the budget set for the office remodel. The city submitted a copy of the preliminary report of the property, which appears to highlight the same issue included 1 Also, measles, influenza and RSV.  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, the Director received notice from Interim City Administrator Nicole Gleason that they had not been provided the Commission’s scope which was submitted in August 2025 and the city staff would be redoing the proposal based upon the data requested from the Commission. 9. Council Resolution - The resolution was passed July 23, 2025 however past actions have not been corrected. IV. NEW BUSINESS 1. Staffing delays.  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 2/10/2026 Subject: January 2026 Case Status Report Attachments: None  City of Davenport Civil Rights Commission Department: Civil Rights Action / Date Contact Info: | 2/10/2026 Subject: Position Restructuring Attachments: None