Human Relations Commission

AGENDA Human Relations Commission Meeting December 7, 2021 6:30 PM DeKalb Police Department 700 W Lincoln Hwy nd 2 Floor Training Room DeKalb, Illinois 60115 COVID-19 Notice: The corporate authorities of the City of DeKalb intend to conduct this meeting in-person with a physically present quorum that is open to the public and in compliance with all applicable public health requirements. Pursuant to Governor Pritzker’s Executive Orders 21-22 and 21-30, all persons attending this meeting who are age two or over and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to wear protective face masks/coverings. A. Roll Call B. Approval of Agenda – Additions/Deletions C. Approval of Minutes – October 5, 2021 D. Approval of Minutes – November 2, 2021 E. Public Participation F. Old Business 1. Landlord-Tenant Review a. 1-Hour Notification for Landlord Visits City Manager Summary: Since the last HRC meeting, Will Heinisch, Mike Pittsley and other DARA members have discussed how a common ground might be established regarding the “one-hour” rule. They have proposed a revision to require that the tenant be present after the one-hour notice has expired to accompany the landlord in any walk- through. The City Manager is seeking some discussion of this proposal prior to taking the revised Landlord-Tenant ordinance draft to the City Council. G. New Business a. Sir Donald Foundation Introduction H. Adjournment  Minutes City of DeKalb Human Relations Commission October 5, 2021 The Human Relations Committee (HRC) held a regular meeting on October 5, 2021 in the Second Floor Training Room at the DeKalb Police Department. A. Roll Call The meeting was called to order at 6:33 pm. The following members of the HRC were present: Joe Gastiger (Chair), JJ Wett, Nadine Franklin, Norden Gilbert, and Lisa King. Other City officials/staff present: • Joshua Boldt, Assistant to the City Manager and Staff Liaison to the HRC B. Approval of Agenda – Additions/Deletions Joe Gastiger recognized multiple guests were present to comment on Item E2 Police-Community Relations: Citizen Police Review Board (Further Consideration). Joe Gastiger asked for a motion to amend and approve the Agenda with Item E2 preceding Item E1. A motion to approve the amended Agenda was made by Norden Gilbert and Seconded by Nadine Franklin. The October 5, 2021 Agenda was approved by 5-0 vote. C. Approval of Minutes – September 7, 2021 Regular Meeting Joe Gastiger asked for a motion to approve the HRC minutes recorded on September 7, 2021. Norden Gilbert commented he wished to modify the minutes to replace a statement using the word inferred with reached a consensus in support of. A motion to approve the minutes was made by JJ Wett and Seconded by Nadine Franklin. The September 7, 2021 Minutes were approved by 5-0 vote. D. Public Participation – Androw Tillotson spoke regarding Item E2. Tillotson stated he was in support of allowing anonymous complaints to be considered by the Citizens Police Review Board (CPRB). Tillotson stated there must be a repair in the community trust of police and the CPRB having a voting power in the discipline decision of officers will help build the community’s trust in Police. Tillotson and HRC Member, JJ Wett, suggested any member of the CPRB should be able to receive a citizen complaint for consideration. Conversation ensued on the prospective CPRB marketing process if approved by City Council. Malena Graddy stated she is excited about the CPRB. Graddy added that the final details of the CPRB and nitpicking she has observed regarding the proposal should be taken as an encouraging sign for the community, since it does seem to indicate a keen interest in going forward. Eric Garcia spoke regarding the CPRB’s future educational and promotional challenges. Garcia advised he still had concerns about how complaints will be filed but when the CPRB starts, the City should consider creating brochures, business cars, internet postings, announcements, and other media-related promotional material. E. Old Business 2. Police-Community Relations: Civilian Review Board Discussion Joe Gastiger referenced the Uniform Peace Officers’ Disciplinary Act (50 ILCS 725) and suggested the Act appears to not require a sworn affidavit to file a complaint against a police officer and wished to make sure the City Attorney is aware of this Act. Conversation ensued with public guests regarding the CPRB ordinance proposal. Joe Gastiger provided material by the National Association for Civilian Oversight of Law Enforcement as an educational reference for the Commission to study and provide recommendation. 1. Landlord-Tenant Review The HRC reviewed proposed Chapter 10 Language. The HRC reviewed the one (1) hour minimum landlord access based on reasonable notice. The HRC advised they would prefer the language to reflect 12 or 24 hour notice. The HRC also reviewed a prohibition on towing for the non-payment or late payment of a tenant’s rent. Joe Gastiger asked for a motion to include said towing prohibition language into the Chapter 10 Draft for the City Attorney to review. This motion was made by Lisa King and Seconded by JJ Wett. The motion was approved by 5-0 vote. Conversation ensued on the remaining draft alterations to the Chapter 10 ordinance. Staff Liaison Joshua Boldt stated he will send the draft to the City Attorney and the HRC would be able to consider a final document at the next HRC meeting. F. New Business - NONE G. Adjournment Joe Gastiger asked for a motion to adjourn at 7:57 pm. A motion was made by JJ Wett and seconded Lisa King. The motion was approved by a 5-0 vote. The next HRC meeting will be on November 2, 2021. Joshua Boldt, Assist. City Manager & HRC Liaison Minutes approved by the Human Relations Commission on ____________________ .  Minutes City of DeKalb Human Relations Commission November 2, 2021 The Human Relations Committee (HRC) held a regular meeting on November 2, 2021 in the Second Floor Training Room at the DeKalb Police Department. A. Roll Call The meeting was called to order at 6:33 pm. The following members of the HRC were present: Joe Gastiger (Chair), Norden Gilbert, John Walker, and Lisa King. Other City officials/staff present: • Joshua Boldt, Assistant to the City Manager and Staff Liaison to the HRC • Bill Nicklas, City Manager B. Approval of Agenda – Additions/Deletions Joe Gastiger asked for a motion to approve the November 2 HRC Agenda. A motion to approve the Agenda was made by Lisa King and Seconded by Norden Gilbert. The November 2nd Agenda was approved by 4-0 voice vote. C. Approval of Minutes – October 5, 2021 Regular Meeting Joe Gastiger asked for a motion to approve the HRC minutes recorded on October 5, 2021. Norden Gilbert asked if the minutes were distributed. Joshua Boldt stated they were posted online as part of the Agenda packet. Joe Gastiger stated he was familiar with the minutes but had difficulty printing them. Lisa King suggested waiting until the next HRC meeting to approve the October 5, 2021 minutes. This Agenda item was tabled. D. Public Participation – Joe Gastiger recognized a citizen, identified as Mark Charvat, was present and invited him to speak. Mr. Charvat stated that he was encouraged by the operations of the HRC and interactive public discussion that is available to citizens. Mr. Charvat advised he an advocate of transparency and wished to express his dissatisfaction with Joshua Boldt. Mr. Charvat stated Joshua Boldt had deflected and avoided Mr. Charvat’s emails. Mr. Charvat disseminated an email from Joshua Boldt from which he stated Joshua Boldt provided convoluted excuses on why a video recording wasn’t available. Mr. Charvat stated a video should be provided as a back up to the meeting minutes for record keeping. Mr. Charvat expressed that he didn’t believe HRC meeting minutes were sufficiently detailed. Mr. Charvat asked Joshua Boldt why he doesn’t answer his emails. Joshua Boldt explained the HRC reinstated video based on his concern. Mr. Charvat continued to express displeasure for being ignored in email inquiries. Mr. Charvat asked who the City Council liaison was to the HRC. Joe Gastiger answered it was Scott McAdams. Mr. Charvat asked when Scott McAdams last attended a meeting and if he was present for Citizens Police Review Board (CPRB) discussions. Bill Nicklas stated CPRB discussions have been going on with City Council for a year and reminded Joe Gastiger he is the Chair and may call to order a meeting if participation becomes disorderly. Mr. Charvat also spoke on the topic of License Plate Readers (LPR) and privacy. Mr. Charvat stated that these cameras are capable of discerning not only the license plate but could also capture images of the driver. Mr. Charvat said there is no current policy on the use of LPR and the City should have one. Joe Gastiger suggested this topic should be on the next HRC Agenda. Bill Nicklas summarized the LPR Resolution was an outcome of public discussion and are a means to investigate high-level crimes. John Walker stated there needs to be accountability if general orders are violated. Conversation ensued on this topic and Joe Gastiger said this topic wasn’t on the Agenda. Joe Gastiger suggested the HRC move on for now. E. Old Business 1. Landlord-Tenant Review a. Towing Restrictions Joe Gastiger explained the City Attorney did review the document and there were two unresolved points: Towing Restrictions & Landlord Access. Joe Gastiger invited a guest, identified as Will Heinisch, to speak. Mr. Heinisch advised they polled DeKalb Area Rental Association (DARA) members and none of the members tow tenant vehicles for non-payment of rent. John Walker explained towing a tenant’s vehicle for non-payment of rent is counterproductive for economic reasons. Lisa King also explained non-payment of rent towing is bad practice and there was no circumstance where it seemed rational. Lisa King provided multiple examples. Norden Gilbert stated he supports having a towing prohibition in place and the landlord has other options to collect rent besides towing. Conversation ensued on the economic problems with towing for non-payment of rent. b. 1-Hour Notification for Landlord Access Joe Gastiger opened discussion on this point. Mr. Heinisch explained the 1-hour access was meant for mitigating nefarious activity at rental units without contacting the Police Department. Will Heinisch explained this particular point may have less relevance because generally there are fewer students at Northern Illinois University (NIU). Norden Gilbert suggested the section read twenty-four (24) hours. John Walker expressed support for 24 hours. Joe Gastiger entertained a motion to accept the change from 1-hour to 24 and to prohibit towing for non-payment of rent. A motion was made by Norden Gilbert and seconded by Lisa King. Norden Gilbert later modified the motion to clarify language prohibiting towing for non-payment of rent. Norden Gilbert advised the language on towing should read as: “All towing of vehicles shall be in accordance with property posted parking regulations. Towing of a tenant’s vehicle due to nonpayment of rent shall be prohibited.” Lisa King seconded Norden Gilbert’s modified motion. This motion was approved by 4-0 voice vote. 2. Police-Community Relations: Citizen Police Review Board (Further Considerations) Joe Gastiger requested clarification on whether or not the updated Uniform Peace Officers’ Disciplinary Act (50 ILCS 725) was considered in the CPRB formation which pertains to whether or not a sworn affidavit is needed to form a complaint against a police officer. Bill Nicklas advised the City Attorney did consider this Statutory requirement and provided a general update on the CPRB proposal which is before the Council on November 8, 2021. Mark Charvat suggested the HRC be able to recommend members to the CPRB and stated he is concerned the CPRB will be made up of the Mayor’s friends and not representative of DeKalb. John Walker said he shares some of the same concerns and believes Mayoral appointment powers should be  monitored. Joe Gastiger stated the HRC does not have the authority to vet potential members. Norden Gilbert noted that Mayoral appointment is subject to City Council approval. F. New Business - NONE G. Adjournment John Walker advised he is resigning from the HRC. John Walker stated he was grateful for the HRC experience and he learned from all members. Members of the HRC expressed their appreciation for John. Joe Gastiger asked for a motion to adjourn at 7:45 pm. A motion was made by Norden Gilbert and seconded Lisa King. The motion was approved by a 4-0 vote. The next HRC meeting will be on December 7, 2021. Joshua Boldt, Assistant to the City Manager & HRC Liaison Minutes approved by the Human Relations Commission on ____________________ .