STATE HUMAN RELATIONS COMMISSION
FULL COMMITTEE MEETING
THURSDAY, FEBRUARY 12, 2009
DOVER, DELAWARE
MINUTES
The February monthly meeting of the Delaware Human Relations Commission was held at the Cannon Building, 861 Silver Lake Boulevard, Conference Room A, Dover, Delaware. The meeting was called to order by Chairperson Calvin Christopher at 7:17 p.m., followed by a period of silent meditation.
FULL COMMISSION MEMBERS PRESENT
Chairperson Calvin Christopher, Vice-Chairperson Gail Launay, and Commissioner Diaz Bonville, Whittona Burrell, Chok-Fun Chui, Katharine Cropper, Wallace Dixon, Stephen Elkins, Ralph Figueroa, James Gray, Earnest Gulab, Marian Harris, Shirley Horowitz, Nancy Maihoff, Lorenzo Murdaugh, Lois Myers, Olga Ramirez, Eastern Ramsey, Peter Schott, and Robert Watson, Jr. were present.
FULL COMMISSION MEMBERS NOT PRESENT
Commissioners Bernice Edwards, Doug James, William Johnston, Prameela Kaza, Randal Perry, Eli Ramos, and Richard Senato were excused. Deputy Attorney General Barbara Gadbois was not present.
APPROVAL OF THE MINUTES
Chairperson Christopher asked for approval of the January minutes. Commissioner Watson made a motion to accept the January minutes. Commissioner Ramsey seconded the motion. All were in favor. None opposed. Motion carried.
MEMBERS OF THE PUBLIC PRESENT
Mr. Al Rose, member of both the Universal Design Coalition and the Developmental Disabilities Council.
CHAIRPERSON’S REPORT
Chairperson Christopher said Director Fuentes-Bowles met with Mr. Jeff Bullock, the newly appointed Secretary of State, and told him Chairperson Christopher would like to meet with him.
Chairperson Christopher reminded the Commission about the Black History Month Proclamation signing. He said more information regarding this event would follow his report.
Chairperson Christopher introduced Mr. Al Rose to the Commission. Mr. Rose told everyone the Universal Design Coalition is an organization made up of disabilities agencies, builders, state agencies, and private citizens. For about the past two years this organization has been working on a bill that will require all affordable housing built in Delaware, that uses public money, to build with the basics of universal design. He explained, “Universal Design is housing for the lifespan of all people. The intent of universal design is to simplify life for everyone by making housing more usable by more people at little or no extra cost.” He said this organization believes that if housing is built in Delaware with public funds the most people possible should be able to use it, not just some people, but all people. Mr. Rose handed out pamphlets describing in more detail the information he was discussing. He said it would only cost $560 to $1260 to build a house from scratch using the universal design method, as opposed to a much larger cost later to modify an existing house built without using this design. He said the Universal Design Coalition feels as though this legislation fits the Commission’s Mission in preventing housing discrimination through the Fair Housing Act. He said the Coalition will work with the Commission to iron out any details that are required for the law to pass. He said he has a copy of the draft law but they are still working on the specifics. Mr. Rose said he also has a copy of the elements of universal design they want specified in the law; as well as how much it would cost, for the Commission to review. Chairperson Christopher asked if they were interested in future construction only. Mr. Rose said the universal design approach is created for everyone, not just those with physical challenges. Chairperson Christopher asked the Legislative Committee to look at the proposal. Mr. Rose said the Universal Design Group would work with the Legislative Committee as advisors. Director Fuentes-Bowles said the Universal Design Group is asking for the Commission to support this legislation, and she said the law would apply to the Commission’s code under the Fair Housing Act. Commissioner Schott asked how this law differs from the ADA compliance. Mr. Rose said it would go beyond the ADA compliance because that is very basic. He said a new homeowner would not have to make modifications later in their life if they build their home originally using the universal design method. This would save them a considerable amount of money in the long run. Mr. Rose said the law only applies to the first floor of a home; it does not include other floors.
DIRECTOR’S REPORT
Director Juana Fuentes-Bowles said the Black History Month Proclamation signing will be held February 18th at the Governor’s office in the Tatnall Building, Dover. She said students from the Caesar Rodney High School will be there to read poetry. The National Theme this year is, “The Quest for Black Citizenship in the Americas.”
Director Fuentes-Bowles said the Annual Fair Housing Conference will be held April 14, 2009 at the Dover Downs Conference Center. She said the theme of the conference is, “When the Storm is Over, Where Will You Live?” The conference will focus on homelessness. Director Fuentes-Bowles asked the Commission if they would like to have the Honor Guard and National Anthem performed at the conference again this year. The Commission said they would like to keep both of them. She asked the Commission for their attendance at the Conference and said she hoped to utilize their help again this year.
Director Fuentes-Bowles said due to the economy no travel can be approved right now through the State. She said Hearings and Commission meetings are still approved; however, other travel, such as conferences, will not be approved.
Director Fuentes-Bowles passed around a ‘hate crime’ article from the Dover Post. She also talked about meeting Secretary of State Jeff Bullock. She reminded the Commission he was the former Chief of Staff to Senator Carper. Director Fuentes-Bowles said Mr. Bullock is excited to meet the Commission; however, he would like to meet with Chairperson Christopher first. She said he is passionate about the work the Commission and Division does. She said she has informed him she is retiring May 30, 2009. Director Fuentes-Bowles said she told him the Commission is interested in being involved in the selection process of the new Director.
Director Fuentes-Bowles discussed how low the Division case numbers are right now.
COMMITTEE REPORTS
Legislative Committee: Commissioner Gray talked about ‘desk-drawer veto’ legislation. He said this is when legislation could sometimes be put in a ‘desk-drawer’ so to speak and not be dealt with; however, the process now states that once Legislators get legislation they have 12 legislative days to ‘work’ the legislation. He says the Legislative Committee is hopeful with this new process.
Commissioner Gray said there has been a great deal of work done on House Bill #5. He said the last bill was lost due to the end of the Legislative Session and will have to be introduced this year. Commissioner Gray said the Committee would like to give a brief overview of the upcoming legislation. He said one of the specific items is the aspect of gender identity or expression. He said the Legislative Committee will also be discussing ways to track incidents of discrimination in the Gay and Lesbian community so the information will be quantitative. Commissioner Gray said Commissioner Elkins will address this further.
Commissioner Elkins reminded the Commission that HB5 (which used to be HB99, HB72, HB36 & SB9), is legislation that would add sexual orientation into employment non-discrimination, which would bring it into Equal Accommodations and Housing, under the Human Relations Commission. It is a piece of legislation that has been very successful in the General Assembly for years, passing each time and going to the Senate; where it is then assigned to a Committee and put in a drawer. He said the last time it was assigned to Committee it was actually voted on; however, it was assigned by Senator Adams to a Committee where it would not pass since he did not support the legislation. Commissioner Elkins said he met informally with Commissioners Schott and Maihoff. He said there is a coalition, called the Equal Rights for All Coalition, which Commissioners Schott, Johnston, and he have been meeting with. Two issues that are being supported by the Gay & Lesbian community within the state; #1 hospital visitation rights, and #2 domestic partner benefits for state employees. Commissioner Elkins said one of the problems they have had in the past when debating this on the floor is that Legislators will say, “give me an example;” and because no one has had the legislative or legal authority to track it, the Committee has had a hard time putting a “face to the subject,” so to speak. He said Director Fuentes-Bowles has talked about for many years, so the Committee has looked at ways to unofficially track these complaints. Commissioner Elkins said he put a little notice in the CAMP Rehoboth magazine asking people to call or email him to let him know if there are instances of discrimination happening to them. He said the intent of this is to show there are actual people behind the numbers, and to perhaps have actual people tell their stories when the legislation comes up again. Commissioner Elkins said the Committee would like to add the Commission’s 877# to the ad so people may feel more comfortable calling an agency that handles this kind of data. He passed around a sample document that Commissioner Maihoff created that will help with collecting the necessary data when someone calls. Commissioner Maihoff talked about the form, and after some discussion said she would make a couple changes and send the newly revised form to everyone by email. She said she would be happy to collect the filled-in forms and tally the information. Commissioner Horowitz made a motion to add the following information to the current document; the 1-877-54-HUMAN phone number, the Division website (www.statehumanrelations.delaware.gov), and a comment that the Commission / Division will be the depository of the forms. Commissioner Burrell seconded the motion. All were in favor. None opposed. Commissioner Gray asked that once the form is finalized it be submitted to Chairperson Christopher for review.
Director Fuentes-Bowles asked who the sponsor of HB5 is currently. Commissioner Elkins said it is being sponsored by Representative Peter Schwartzkopf. Commissioner Horowitz asked Commissioner Elkins if he could get a list of other states that already support this legislation, and he said he would.
Equal Employment Opportunity Committee: Vice-Chairperson Launay said the Committee has had no activity lately. She said all reports from last year’s review are finished. She said she is now wondering if the report for the Governor will come out in a timely fashion and if the Committee will be able to present it to the new Governor. Vice-Chairperson Launay said there are no meetings currently scheduled that she is aware of.
Public Awareness: Vice-Chairperson Launay said due to illness she has not been able to get out in the public with Commissioner James to do all the things on their agenda. She said she hopes they will get back on track this month with their education and outreach.
Community Response Committee: Commissioner Chui said her Committee met earlier this evening. She said they welcomed Commissioner Maihoff this evening as a new member to their Committee. Commissioner Chui said the Commission has one vacancy and the Committee feels this position should be given to someone that is disabled. The Commission discussed that there have been logistical challenges in the past for a disabled Commissioner; such as, lack of evening transportation. Commissioner Burrell suggested the Commission look to see if there is already a Commission in Delaware that deals with disability issues and put the word out to them of the opening on the SHRC. Commissioner Chui said the Committee will send letters, once approved by Chairperson Christopher, to the Delaware Developmental Council and the State Council for People with Disabilities. Commissioner Burrell suggested sending letters to the Independent Resource agencies in the state. Commissioner Chui said the Committee has decided to keep this position open right now while they pursue these other ideas.
Commissioner Chui said the Gaming Industries have provided a considerable amount of data; however, the Committee would like to ask two more questions so they can get a more complete picture. She said they will contact the four gaming industries again for this information.
OLD BUSINESS
Chairperson Christopher said the Commission said at the last meeting there was an expression of a concern about prayer being given at the Holiday reception. He asked that the Commission to come up with a compromise that will serve the whole body as a group. After a considerable amount of discussion, Commissioner Watson made a motion to have a ‘moment of silence’ instead of ‘prayer’ at all State Human Relations Commission functions. Commissioner Burrell seconded the motion. Three Commissioners opposed the motion. Motion passed.
NEW BUSINESS
Chairperson Christopher said Commissioner Elkins sent an email offering to hold a Commission meeting at CAMP Rehoboth in March or April 2009. After discussion, the Commission decided April would be a better month to meet at CAMP Rehoboth. It was decided the April Commission meeting will take place at CAMP Rehoboth and the Commission will get directions for the new location.
ADJOURNMENT
A motion to adjourn was made, seconded, and approved at 8:57 p.m.
February 2009 State Human Relations Commission minutes: sp
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