AGENDA ITEM SUMMARY October 3, 2017 City Council

Transcription

1 This item has been amended to add a copy of Resolution , which is proposed to be rescinded. Agenda Item 8 AGENDA ITEM SUMMARY October 3, 2017 City Council STAFF Janet Freeman, Equity and Inclusion Coordinator Jackie Kozak-Thiel, Chief Sustainability Officer Teresa Roche, Chief Human Resources Officer Greg Yeager, Police Deputy Chief Chris Van Hall, Legal SUBJECT Resolution On a Community Trust Initiative Rescinding Resolution and Directing the City Manager to Create a Task Force Regarding Immigrant Communities. EXECUTIVE SUMMARY This item is a proposed resolution demonstrating the City s commitment to supporting immigrant communities by providing clarity on organizational policies and rescinding Resolution , as well as creating a task force to research issues relating to immigrant community members needs. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Upon request by local community members, City Council directed the City Manager to convene an internal workgroup this past spring to analyze a proposed Community Trust Ordinance (< Subsequent to the analysis, City Council requested that staff explore proposing a resolution that would: Demonstrate support for our immigrant community; Change appropriate administrative policies; Detail an education and outreach plan with our immigrant community; Repeal Resolution Resolution Colorado Revised Statutes Section required Colorado municipalities to report arrestees to Immigration and Customs Enforcement (ICE) when probable cause maintains an arrestee is not legally present in the United States. The City passed Resolution to comply with Section Section was repealed by the Colorado General Assembly in Rescinding Resolution would eliminate ambiguity regarding the related City policies and help foster trust between our immigrant community and City staff, especially with regards to Police Services. As reported in the Community Trust Ordinance analysis, undocumented community members have expressed a reluctance to interface with police when witnessing crimes or as the victims of crime for fear of deportation. Item # 8 Page 1

2 Agenda Item 8 Education and Outreach Plans In addition, providing targeted outreach to educate undocumented/immigrant community members would further strengthen trust and relations by providing clarity on the City s role in immigration matters and information on personal rights held by and resources available to immigrants. Staff has drafted the following policies and engagement plans: Current Communication and Action around Policies and Resources 1. Language shift to replace term citizen with resident or community member for more inclusive and accessible language. a. This shift is already prevalent in many day-to-day communications and the most notable is the name change of our statistically valid survey from Citizen Survey to Community Survey for the upcoming 2017 iteration. 2. Internal review of policies and other documents to be provided in additional languages. The current priority is to provide these documents in Spanish but this could expand to other languages as needed. a. Priority departments include Neighborhood Services, Police Services, and Communications and Public Involvement to translate documents such as the Landlord Tenant Manual which provides information on local ordinances that apply to landlord and tenant relationships and rights. b. FCPD Policies that will be translated to Spanish and made publicly available are: i. #338 Bias-Motivated Crimes ii. #340 Expectations of Conduct iii. #352 Mutual Aid and Outside Agency Assistance iv. #368 Limited English Proficiency Services v. #402 Racial or Bias-Based Profiling vi. #422 Diplomatic and Consular Contacts vii. #428 Immigration Violations viii. #440 Detentions, Contacts, and Photographing Detainees ix. #600 Investigation and Prosecution x. #1020 Administrative Investigations 3. Aligned and maintained translation and interpretation resources a. List of local and certified translators and interpreters (Spanish and Arabic) accessible by all City employees b. Interpretation System available and accessible to all staff and some City sponsored events c. Certification process for employees with language abilities d. 24/7 access to interpretation in over 200 languages through the City s language services provider e. Title VI Training 4. It s Your My Our Spanish resource page - < a. Engagement and resource page specifically for Spanish speakers b. Leads them directly to language assistance resources such as the Utilities Customer Assistance line; information request form; a general City contact form; and information about how to request translated materials or an interpreter c. Includes poll on what programs people would most like to have provided in Spanish, if and how they want to participate in City events, and what barriers they experience that currently prevent participation 5. Share memo from Poudre Fire Authority Fire Chief confirming and sharing with staff that they do not record personal information from callers 6. One pager/community statement letter a. Summary of City policies and public resources related to immigration topics to help immigrants, refugees and other communities gain access to accurate information. 7. Full assessment of discussion from first group meeting to determine next steps and specific action items of potential Task Force Item # 8 Page 2

3 Agenda Item 8 8. Inclusivity and Diversity Appreciation Banners a. Banners will be hung throughout the community indefinitely to demonstrate the City s commitment to making visitors and residents feel valued and included 9. ClimateWise Social Badge for Inclusive Business Practices a. A two-tiered program offering for businesses interested in demonstrating a commitment to making Fort Collins a welcoming community for all. b. Tier One would involve a business signing on as an entity that supports equity and inclusion. In return, they would receive a decal to display in their window that messages to patrons all are welcome. c. Tier Two would involve everything mentioned above plus an actual equity training for staff or managers that would earn that business a social badge plaque to be displayed in addition to the decal. Personnel Policy and Procedures Changes The City Manager has changed personnel policies 8.1 and 8.2 to include citizenship status as a protected class and provide clarity on staff responsibilities in the following key areas: 8.1 B.4: Existing anti-harassment policy now includes citizenship status to the list of characteristics or protected classes. 8.1 B.5: Added new subsection to existing anti-discrimination policy clarifying that it is permissible for employees to inquire and make decisions about a person's citizenship status where state and federal law require it. 8.2 A.2: Added "citizenship status" to list of characteristics or protected classes protected in prohibition of workplace harassment. Policy Violations Consequences for policy violations are as follows, with overview provided in an Introduction from the City Manager:... As a municipality, we provide a wide range of services to the public through various departments throughout the organization. Although we may work in different departments, we are all City employees, and we share a common mission of providing exceptional service for an exceptional community. We are constantly guided by our vision to provide world class municipal services through operational excellence and a culture of innovation. These Personnel Policies and Procedures provide several types of information that new and established employees need to know as they bring structure to our organization and assist all of us in the day-to-day decision-making processes. Our policies and procedures need to be consistently applied across the organization as they are intended to ensure everyone is treated fairly and equitably. Policy References Purpose of the City of Fort Collins Personnel Policies and Procedures The purpose of these City of Fort Collins Personnel Policies and Procedures is to give all employees a general understanding of the employment policies and procedures of the City of Fort Collins ( City ).... All employees are expected to comply with the City of Fort Collins Personnel Policies and Procedures and its updates as changed from time to time by the City. Item # 8 Page 3

4 Agenda Item Discipline and Corrective Action Procedures All employees are expected to meet the reasonable expectations of their supervisors and perform satisfactorily at all times. There may be occasions, however, when employees perform unsatisfactorily, violate a policy, or act inappropriately in the supervisor s judgment Involuntary Termination of Employment A. Unclassified and Contractual Positions and Classified Positions during the Introductory Period: The employment of employees in unclassified and contract positions can be terminated by the City at will with or without cause or notice at any time. Similarly, the employment of new hires into classified positions that have not completed their period of introductory status can be terminated by the City at will with or without cause or notice at any time. B. Classified Positions (after Introductory Period): The employment of employees in classified positions who have completed their introductory periods may be terminated only for cause. The term cause means a reason for the termination. Cause may relate to the individual employee s conduct or to the City s operational needs. Examples of what the City considers cause for termination include, but are not limited to, any violation of the City Charter, City Code or other law, unsatisfactory job performance, not following the City s employment policies or practices, including policies in these City of Fort Collins Personnel Policies and Procedures, not appearing for work when expected, or engaging in any type of misconduct or action inconsistent with the public trust (see Personnel Policy 8.1, Conduct and Performance). In addition, cause for termination may also exist for reasons not related to job performance, such as operational need, reorganization, elimination of positions, or staff reduction. CITY FINANCIAL IMPACTS Financial impacts will be limited to the engagement efforts and include translation costs, material creation and printing, childcare at meetings if needed, and task force facilitation. BOARD / COMMISSION RECOMMENDATION The Human Relations Commission sent a letter to Council supporting a Community Trust Ordinance on August 30, (Attachment 1) PUBLIC OUTREACH On September 13, staff conducted a stakeholder input meeting to hear community members thoughts on the proposed resolution. Stakeholders represented included Fuerza Latina, Poudre School District, community members, the Human Relations Commission, members of the Community Equity Consortium, Holy Family church, the Islamic Center of Fort Collins, and La Familia. Members of the group expressed a desire for substantially revising the draft resolution City Policies Regarding Immigrant Communities Reporting Crime and Rescinding Resolution , as they didn t want to remove protections that had been drafted for City staff engagement with undocumented community members. The group further stated that there remains persistent fear within the immigrant community, especially given the changes and uncertainty at a federal level. Specifically, people expressed fear of opening the door to police, reporting crimes, and that a routine traffic stop would result in detainment and/or deportation. Owing to a multitude of pressing issues, the group recommended City staff draft a resolution rescinding Resolution , deleting all recitals about police policies, and insert a new one for the express formation of a regional task force that would work within an established timeline to move forward a number of actionable items, listed below. Item # 8 Page 4

5 Agenda Item 8 Task Force Overview: Members: Appointed by City Manager with representatives from stakeholder groups involved in Community Trust Initiatives process, including impacted members of the community Timeline: Task Force will deliver a report to the City Manager May 31, 2018, after appointment with support from an external facilitator and staff liaisons Objectives: Task Force will provide recommendations on how the City can better engage with immigrant communities to foster trust and mutual understanding, specifically: o Educational resources o Outreach strategies (Citywide and Police-specific) o Partnerships with other community groups and institutions ATTACHMENTS 1. HRC Support Letter (PDF) 2. HRC Work Session Minutes, August 25, 2017 (PDF) 3. Stakeholder Meeting Notes, September 13, 2017 (PDF) 4. Powerpoint presentation (PDF) 5. Resolution to be rescinded (PDF) Item # 8 Page 5

6 ATTACHMENT 1 Fort Collins Human Relations Commission DATE: August 30, 2017 TO: FROM: RE: Mayor and City Council Members Darin A. Atteberry, City Manager Jeff Mihelich, Deputy City Manager Beth Sowder, Social Sustainability Director Vic Smith, Chair, Fort Collins Human Relations Commission Response to Hate Flyer This memo is in response to the Neo-Nazi flyers distributed at bus stops in Fort Collins in late July. The flyers advertised a website that promoted a white nationalist rally that took place on Saturday, August 12, 2017, in Charlottesville, VA. The rally was a horrific reminder that hate and racism still linger in our country. Demonstrations of hate and racism are in contrast to the values the City of Fort Collins holds and promotes, and such propaganda leaves members in our community feeling unsafe. It is under these kinds of circumstances that City leadership is in the position to advocate for and promote unity, safety, and equity. Members of the Human Relations Commission urge Council Members to speak out against hate by sending a message that our goal is to be a welcoming and accepting community that supports, celebrates, encourages, and benefits from its diversity. The HRC recommends Council take the following actions: Continue to study the proposed Community Trust Ordinance and pass an ordinance that defines the goals of Fort Collins to be a welcoming and accepting community. Support our City s growing need for resources and actions to achieve equity, diversity, inclusion, and social justice by increasing the Equity and Inclusion Coordinator position from half time to full time. Members of HRC have reached out to community leaders, such as Reverend Gretchen Haley of the Foothills Unitarian Church and Senator John Kafalas, for collaboration. We applaud the direction taken by the Department of Social Sustainability and Director Beth Sowder to support our community through this difficult time. We encourage you to consider and act on the HRC s recommendations and thereby send a strong message that reflects the values of our City to maintain a zero tolerance approach for hate.

7 ATTACHMENT 2

8 ATTACHMENT 3 Stakeholder Engagement Meeting 9 /13/17 Northside Aztlán Center 7 9 pm Meeting Purpose: Share update of personnel policies (from HR) Gather input on draft resolution Share outreach plans and gather input The following are notes captured at the meeting. Feedback on City Personnel Policies and Practices Is hot line accessible in other languages? (yes, in telelanguage) What is the communications plan for the hotline? Is it available in Spanish? (if requested, we provide in any language and EEOC manager will communicate to people) If someone violates policy, it s already too late for example, in Police, an officer might violate but person is already detained and on way to being deported, so too late to be of real meaning Police detailed policy manual 1 st violation could have most severe consequence, depending on severity of violation no progressive discipline policy Will depend on investigation case by case Concerned with vague terminology in Police Manual (bias-motived crime especially) No clear consequences for policy violation Need formal equity and inclusion policy at senior level City management Resolution Feedback What happened to the proposed Community Trust Ordinance? o City Manager s Office and City Attorney s Office recommended a resolution because of the uncertainty at the federal level and risk to funding o Council did not direct staff to bring forward an ordinance Did get direction to include statement of support in resolution, as well as other avenues (policy changes, outreach, etc). Concerns about nice language that does nothing Can include more to make a difference Commitment to include all feedback in council materials both what is included and what is not Can the 2006 resolution be repealed on consent? 2004 reso put in place a task force could we add this to a resolution as an action item? Confusing language with page 2, sec 3 supporting Police policy alien, generally, Language does not specify generally Law enforcement concern with general language reso doesn t fix that PSD concern with dual role of School Resource Officer in their schools (even though they love their SROs), how it pertains to engagement. Need clear language/accountability for parameters of duties as relate to immigrant youth Continue ongoing dialogue respond to fears, create task force 1

9 o People are afraid. o I need to know the law o I need to know what to do. o I need to communicate to the people around me. Action step in reso task force include timelines for action, who should be included, what they need to accomplish, by when Interested in creating task force and having one action item be to analyze police policies Recommendations, next steps o 1) look at current draft reso make changes, specific to part supporting police policy o 2) include task force Would like to see strong statement of support, meaningful with accountability, sustainable (won t go away) Okay with statement of support 1 st page language Suggest De-couple repeal of 2006 ordinance and come back later with other changes, more specific language and details of specific outreach Will send input regarding which Police policies to change Strike 2, 3 Leave 4 needs to be clear Happy we re listening have a lot of fear What can they expect? Afraid to open door to police Voice of many immigrants DACA thrown out Feel very vulnerable at this time Appreciate this needs to know so she can share with others how to prepare, know their rights Ideas for Outreach and Building Trusting Relationships How can we connect community members and Police to understand what they should/can do to build trust? Will take more than a conversation to build trust and mutual understanding Need trusted communicators/ambassadors/messengers PFA does not keep info about status or documentation just there to serve, but is not a written policy, more a statement from the chief that came out about a month ago, shared publicly via board meeting Annie encouraged group to continue to share concerns, help identify safe places to meet and preferred information channels Need many ways of outreach not just one thing needs to be a safe space and we as a City need to go into the community and meet them where they are Interested in a longer conversation about ideas for outreach (could happen with task force) Continued Concerns People are being detained and deported because of traffic stops People aren t reporting crimes FCPS need to be prohibited from acting as ICE agents Keep ICE out of courthouse 2

10 Huge issue for PSD they are continually working on it and by law are there to serve everyone, regardless of status. School officials need clarity on where the line is in terms of offenses being committed on school property eg, marijuana possession. Can we keep it from turning into status reveal? Need to include other stakeholders in ongoing conversations New Police Chief could be very impactful what opportunities do they have to ensure community engagement? Police needs to add or increase their involvement Also, CityPlan update commitment to prioritize equity and inclusion, including funding for efforts. Need to develop relationships for the process Document to share as ambassador Felt safe before, but now scared driver s license is a great help if we can use that how things are implemented is what matters more than words 3

11 Community Trust Initiatives Jacqueline Kozak-Thiel, Teresa Roche, Greg Yeager 1

12 Overview Background Analysis and Engagement City Actions Taken Draft Resolution and Stakeholder Input Task Force Next Steps 2

13 Background CTO Proposed by Community in Spring 2017 City HR Policies Revised: July, 2017 Council Consideration of Proposed Resolution: 10/3/17 Cross- Functional Efforts, Engagement & Report to City Council: July, 2017 Follow-up Stakeholder Engagement: 9/13/17 Continued Outreach and Education Efforts: Ongoing 3

14 Analysis: Content & Findings Strategic and value alignment Human Resources, procurement, and police policies Which City programs require knowledge of citizenship status, per state and federal law Policies and Processes for Employee and Police Policy Violations Other Colorado jurisdictions Stakeholder feedback and input 4

15 Targeted Stakeholder Engagement o o o CSU Diversity & Inclusion Leadership CSU Dreamers Student Organization Community Members o o o o o Fuerza Latina Holy Family Church Leadership Human Relations Commission Islamic Center of Fort Collins PSD Equity Department 5

16 Key Takeaways: Perceptions and Experiences People are afraid. ~ Maria Fuerte, Holy Family Church 6

17 Key Takeaways: Policies and City Engagement Clear language on policies, rights and resources Statement of support Accountability for City employees regarding immigration status inquiries Ongoing outreach to build trusting relationships 7

18 Response to Council Direction and Stakeholder Input Personnel policy changes Draft resolution Draft outreach plan to build trust 8

19 Accountability Reporting Alleged Violations Policy communication and acknowledgement Violation consequences Subject to disciplinary action up to and including termination Chain of command Any manager in the City HR Ethics Hotline Actions Taken: City Personnel Policies Inclusion of immigration status to list of protected classes Addition of immigration status as prohibited harassment Clarification of when permissible to inquire about or make decisions related to immigration status 9

20 Current Outreach and Actions Language shift from citizen to resident Review of policies and documents to be translated Landlord Tenant Manual Various FCPD Policies General Communications Summary of policies and resources for service providers, immigrants, refugees, and other communities 10

21 Current Outreach and Actions Culturally customized interactions between residents & officers Cafecitos Introduction of new Chief of Police Spanish resource page on fcgov.com Inclusion and Diversity Appreciation Banners ClimateWise Social Badge Poudre Fire Authority statement 11

22 Draft Resolution Feedback: Recitals & Language Prefer ordinance instead of resolution Appreciate supportive recitals Thankful City staff is listening Desire for more accountability and sustainability 9/13/17 stakeholder meeting: Fuerza Latina Poudre School District Human Relations Commission Islamic Center of Fort Collins Immigrant Families Community Members Community Equity Consortium 12

23 New Resolution Inclusions Rescinds Resolution Demonstrates support for immigrant and diverse communities Encourages police reporting and accountability Directs City Manager to form task force 13

24 Task Force Appointed by City Manager Members will be reps from stakeholder and impacted community members Supported by facilitator and city staff Provide recommendations Report to City Manager and Council 14

25 More to Do: Next Steps Work closely with stakeholders Continue to meet and gather feedback Continue outreach, education and resource development Multilingual flyer that outlines policies, opportunities and resources Join efforts with trusted community leaders to build relationships & create authentic communication Follow-up memo 15

26

27 RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS ON A COMMUNITY TRUST INITIATIVE RESCINDING RESOLUTION AND DIRECTING THE CITY MANAGER TO CREATE A TASK FORCE REGARDING IMMIGRANT COMMUNITIES WHEREAS, the City of Fort Collins recognizes the numerous contributions immigrants have made in making our community a vibrant, dynamic and innovative place for all; and WHEREAS, fostering a safe environment where all immigrants are welcomed, accepted, and fully integrated into the social, civic, and economic fabric of Fort Collins is a priority for our City; and WHEREAS, supporting our immigrant community aligns with the City s strategic objectives to promote a more inclusive and equitable community that embraces and celebrates diversity and to also maintain a welcoming, inclusive community where people feel connected; and WHEREAS, the City Council wishes to foster communication with immigration populations regarding their contributions and responsibilities and to also provide resources within the community and the City organization; and WHEREAS, the Council has become aware of reports of non-citizen residents of Fort Collins being fearful to contact law enforcement to report crimes and are hesitating to come forward as victims and witnesses of crimes; and WHEREAS, it is in the public interest, and within the police power of the City of Fort Collins to promote the general safety and welfare of the community, and to encourage all residents to report crimes and come forward as victims and witnesses of crimes, regardless of their race, ethnicity, national origin or immigration status; and WHEREAS, Resolution , which was adopted to comply with the since-repealed Colorado Revised Statutes Section , required City police officers to report the immigration status of certain arrestees to Immigration and Customs Enforcement; and WHEREAS, in the interest of community trust, the City Council wishes to repeal Resolution and allow Fort Collins Police Services to follow any internal policies, as changed from time to time, regarding police officer interaction with immigrant communities; and WHEREAS, the Council wishes to direct the City Manager to create a task force to advise him regarding how the City can effectively explain and inform the public about its policies and practices, and engage immigrant communities through education, outreach, services, programs and partnerships; and WHEREAS, nothing in this Resolution is intended to restrict City police officers from communicating, or otherwise exchanging, legitimate law enforcement information, or otherwise abrogate any duty to cooperate, with federal, state or local entities. -1-

28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. Resolution is hereby rescinded and repealed in its entirety. Section 3. The City Manager is directed to establish a community task force that includes community stakeholders to recommend to the City Manager no later than May 31, 2018, ways for the City to effectively explain and inform the public about its policies and practices, and engage immigrant communities through education, outreach, services, programs and partnerships. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of October, A.D ATTEST: Mayor City Clerk -2-