County of Santa Clara Human Relations Commission Tuesday, Minutes Regular Meeting 1 Call to Order/Roll Call The regular meeting of the Santa Clara County Human Relations Commission (HRC) is called to order by Chairperson Khamis at 6:06 pm in the Isaac Newton Senter Auditorium, County Government Center, 70 West Hedding Street, San Jose A quorum is present Members Present Members Present Members Absent Norman Abrahams Johnny Khamis Yoyi Aglipay Franco Cindy Avitia Aditi Mishra Raj Bhanot Danielle Castro Marcel Pajuelo Schwartz Mary Nacionales Tak Chang Samina Sundas Junaid Islam Eli Taub Aminah Jahi 1 Vacancy 2 Public Presentations: Nan Su, member of the public, addresses the Commission regarding alleged human rights violations against Falun Gong practitioners in China Mr Su distributes copies of a packet entitled "Bloody Harvest" which examines allegations of organ harvesting Also enclosed in the packet is an issue of The Epoch Times covering an investigative report on organ harvesting Mr Su informs the Commission that an effort to investigate Falun Gong organ harvesting is receiving support from human rights organizations 3 Approve Minutes of June 26, 2007 On motion of Commissioner Pajuelo Schwartz, seconded by Commissioner Jahi, it is unanimously ordered that the minutes of June 26, 2007 be approved, as submitted On order of the Chairperson, there being no objection, the agenda is taken out of order 1
6 Consider Anti Torture Resolution (Khamis) Richard Hobbs, Director, Office of Human Relations (OHR), addresses the Commission regarding the history of the Anti Torture Resolution Mr Hobbs reminds the Commission that the Resolution was considered twice by both the Social Issues Committee (SIC) and the Executive Committee He notes that the SIC supported the inclusion of a reference to Jeppesen Corporation He continues by stating that at the Commission meeting of June 26, 2007, the Commission decided that the Resolution needed to undergo analysis in regard to Rules of the Board of Supervisors No 333 Mr Hobbs informs the Commission that in addition to the analysis drafted by the SIC he has composed an amended version, which he distributes Charlotte Casey, South Bay Coalition to Stop Torture, states that Jeppesen is implicated in flights of extraordinary rendition She adds that the American Civil Liberties Union (ACLU) has filed a lawsuit against Jeppesen on behalf of suspected torture victims, and that the Santa Clara County Council of Churches supports the proposed Anti Torture Resolution Terry McCaffrey, Council of Churches and Area Coordinator for Amnesty International, adds that he supports the Anti Torture Resolution He states that extraordinary rendition represents a circumvention of the law for the purposes of torture Mr McCaffrey closes by referring to the lawsuit filed by the ACLU and referenced by Ms Casey Barby Ulmer, Our Developing World, remarks that the Human Relations Commission is mandated to ensure a peaceful community She continues by commenting on the legacy of Gertrude Welch, a former HRC Commissioner, and expresses support for the adoption of the Resolution Betsy Wolf Graves, Coalition Against Torture, states that torture victims live within the County and that most are of Middle Eastern or African descent She notes that the Asian Americans for Community Involvement (AACI) Center for Survivors of Torture (CST) saw 2
186 victims of torture between the years 2001 and 2004 She adds that many victims are afraid to seek help Jeff Lake, National Lawyers Guild, states his support of the Resolution and expresses the opinion that the Commission is within legal guidelines to forward the Resolution as written Upon request by the Chairperson, Mr Hobbs reads the Resolution and remarks that two analyses and one Resolution are now before the Commission for consideration He states that his analysis differs from the one composed by the SIC in its title and inclusion of a new section Commissioner Abrahams queries which analysis is being considered by the Commission to forward to the Legislative Committee Mr Hobbs clarifies that the analysis for consideration is the OHR version Commissioner Abrahams expresses his displeasure that the SIC version is not being considered and inquires whether the OHR version was approved by the Executive Committee Mr Hobbs responds that the OHR version was not considered by the Executive Committee and invites the Commission to consider the SIC version instead Commissioner Taub directs attention to the Commission By Laws and reads an excerpt stating that separate determinations or analyses may be made by both the Commission and staff He adds that the Resolution represents a prosecution case of Jeppesen and contains allegations which Jeppesen has not been allowed an opportunity to refute Commissioner Avitia moves that the SIC Analysis be forwarded to the Legislative Committee The motion fails for lack of a second Commissioner Pajuelo Schwartz states that the Resolution is intended to support House Resolution (HR) 1352, and notes that the first line of the Resolution, inconsistent to this purpose, makes allegations against Jeppesen He expresses the opinion that a condemnation of Jeppesen's actions could be a separate resolution Chairperson Khamis states that the Resolution and SIC Analysis should be voted upon as presented Commissioner Sundas inquires as to whether Jeppesen was contacted to present information or a response at a Commission meeting Chairperson Khamis advises that Jeppesen representatives were twice 3
invited and did not respond Commissioner Avitia remarks that while the analysis prepared by Mr Hobbs seems consistent with the analysis prepared by the SIC, the latter should be voted upon for purposes of reaching a majority opinion Commissioner Taub questions where in the By Laws it states it is necessary to approve an analysis Mr Hobbs cites the Rules of the Board No 333 and continues by stating that the requirements of 333 have already been satisfied by the Executive Committee forwarding the SIC Analysis to the Commission On motion of Commissioner Abrahams, seconded by Commissioner Avitia, it is unanimously ordered that the analyses be tabled for further discussion Commissioner Abrahams moves that the Resolution be forwarded to the Legislative Committee, and Commissioner Avitia seconds the motion Commissioner Pajuelo Schwartz restates his concern about the incongruity of the Resolution's inclusion of allegations He states that the Commission is not a judicial body, and that Jeppesen's lack of justification does not inherently validate the Resolution's allegations Commissioner Avitia responds in agreement that a party's right to refrain from commenting or appearing before the Commission cannot be assumed to be an admission of their guilt She continues that the reference to Jeppesen, however, does serve a purpose in that it explains the Resolution's nexus to the community and is carefully worded to state only that Jeppesen has been implicated Commissioner Mishra expresses agreement with Commissioner Avitia's comments Commissioner Jahi inquires as to whether the Resolution was reviewed by County Counsel Commissioner Taub responds with a timeline of the Resolution and notes that County Counsel suggested that the Jeppesen references be removed He expresses an interest in approving a Resolution which will ultimately be adopted by the Board of Supervisors 4
Commissioner Taub requests for a friendly amendment to the motion, that the references to Jeppesen in the Resolution be removed Mr Hobbs states that County Counsel's concern with the Resolution is not legal in nature Commissioner Avitia inquires as to whether the Legislative Committee can modify the Resolution once it is forwarded to them Mr Hobbs responds in the affirmative, and Commissioner Avitia continues by stating that the Commission should move forward, understanding that the Legislative Committee could change the Resolution if it chooses to do so Commissioner Abrahams inquires about what Commissioner Taub is recommending be deleted Commissioner Taub clarifies that he is referring to the first paragraph in the Resolution In response, Commissioners Abrahams and Avitia state that they do not agree to amend the motion It is ordered on a vote of 9 to 2, with Commissioners Taub and Jahi voting no, that the Resolution be forwarded to the Legislative Committee On order of the Chairperson, there being no objection, it is ordered that the Analysis by the SIC and the Analysis by Mr Hobbs be forwarded to the Legislative Committee 4 Consider verbal reports from HRC Committees and Task Forces: a Executive Committee (Chairperson Khamis) Chairperson Khamis explains that the Executive Committee discussed the Anti Torture Resolution and the need to schedule a Commission retreat b Justice Review Committee (Jahi) Commissioner Jahi recounts the activities of the Justice Review Committee meeting, including discussion regarding a justice forum and consideration of a verbal report from Commissioner Pajuelo Schwartz 5
Commissioner Pajuelo Schwartz explains that he has been auditing local police agencies' complaint processes and visiting inmates incarcerated at County jails He reports that, in accordance with State law, all 13 police agencies he has audited have a policy for any citizen to file a complaint against a peace officer He continues that an audit of inmate complaints primarily yielded concerns regarding food quality In response to a query by Chairperson Khamis, Commissioner Pajuelo Schwartz notes that most Department of Correction (DOC) Officers are now aware of the Commission's visitation program Alberto Carrillo, Community Programs, Office of Human Relations, states that three serious breaches have been alleged of officers within the DOC He states that there is an internal policy on DOC Officers' use of restraint He notes that the clearance to visit inmates requires both fingerprinting and background checks Chairperson Khamis inquires as to how inmates are selected for visitation Commissioner Pajuelo Schwartz states that he randomly selects inmates to whom he wishes to speak He continues that three complaints, from a pool of 68,000 inmates, is a number that compares favorably to other jurisdictions c Social Issues Committee (Nacionales) Commissioner Castro states that the Committee discussed the Anti Torture Resolution d Peace Building Committee (Sundas) Youth Task Force Member Raji Bains states that the Youth Dialogue Program was completed and that the youth in attendance enjoyed the program She adds that she will be requesting that the program continue, due to the favorable response e Operations Committee (Islam) Mr Hobbs states that a verbal report on a public forum on immigration can be made either as a 30 minute presentation at a future Commission meeting, or it can be considered at the next retreat 6
Commissioner Taub reports that he has attended the most recent Legislative Committee meeting, and he expresses his belief that the Committee will respond favorably to the Anti Torture Resolution f Ad Hoc Archive Committee (Taub) There is no report g Youth Advisory Task Force (Chairperson Khamis) Member Raji presents a video montage of pictures taken during Youth Revolution Week She states that the Week featured motivational speakers and a program, "Amer I Can", to present options to at risk youth In response to an inquiry by Commissioner Taub, Member Raji adds that this is the program's second year, and that evaluations were distributed to participants at the end of each day She notes that 81 youth participated and each received 15 units of high school and college credit She expresses her intent to write a grant to support the program The Commissioners express their appreciation for the presentation and the efforts of the Task Force On order of the Chairperson, there being no objection, it is ordered that the meeting be recessed at 7:29 pm The meeting is reconvened at 7:42 pm with Commissioners Abrahams, Avitia, Castro, Chang, Islam, Jahi, Khamis, Mishra, Pajuelo Schwartz, Sundas, and Taub present 5 Consider verbal report from the Office of Human Relations (Hobbs) Mr Hobbs informs the Commission that the Office of Human Relations has moved to its new location He additionally informs the Commission that Jane Decker, Deputy County Executive, will be retiring In response to an inquiry by Commissioner Abrahams, he notes that Ms Decker's retirement will be effective at the end of October He continues by stating that Supervisor Alvarado's Office is in the process of appointing a new Commissioner to the Commission Mr Hobbs concludes by distributing and discussing a packet of information relating to upcoming workshops 7
7 Discuss/approve extending an invitation to the Sheriff's Office Human Trafficking Task Force to present information at the October 23, 2007 meeting of the Human Relations Commission (Nacionales) Commissioner Abrahams states he is interested in a five to ten minute discussion with the Santa Clara County Office of the Sheriff's concerning what efforts are being made in combating human trafficking, and whether the Office is receiving federal funding Commissioner Taub notes that the City of San Jose has a Human Trafficking Task Force and that the County of Santa Clara does not Commissioner Jahi moves that an invitation to speak at an upcoming meeting of the Human Relations Commission be extended to the Santa Clara County Office of the Sheriff and Commissioner Pajuelo Schwartz seconds the motion Chairperson Khamis questions how the Office of the Sheriff will be informed Commissioner Abrahams responds that the Office of Human Relations will make the request and Mr Hobbs expresses agreement It is unanimously ordered that an invitation be extended to the Santa Clara County Office of the Sheriff to present information regarding human trafficking at the next Human Relations Commission meeting 8 Discuss the need for more Commission volunteers for the Jail Visitation program (Jahi) Commissioner Jahi invites Commissioners to visit inmates She expresses an interest in compiling information yielded through Commissioner visits and composing an end of the year report on inmate concerns Commissioner Abrahams inquires whether female inmates' concerns are being reviewed by the Commission Commissioner Pajuelo Schwartz confirms that visits are being conducted at both men's and women's jails Commissioner Castro notes that some Commissioners have already applied for jail visitation permits Commissioner Jahi inquires how the applications are processed, and Commissioner Pajuelo Schwartz informs the Commission of the process 8
9 Discuss and approve a date and time for a fall retreat (Khamis) Chairperson Khamis states that there is a tentative date of September 29, 2007 for a fall retreat Discussion ensues among the Commissioners concerning dates of mutual availability Mr Hobbs suggests October 13, 2007 On motion of Commissioner Avitia, seconded by Commissioner Sundas, it is ordered on a vote of 9 1, with Commissioner Chang voting no and Commissioner Taub abstaining, that a fall retreat be approved for October 13, 2007 10 Discuss/approve sponsoring or co sponsoring National Health Week for Transgender Access to Health Care (Nacionales) Commissioner Castro addresses the Commission concerning Bi National Health Week, held October 11 to October 23 and she informs the Commission that a Community Needs Assessment survey will be unveiled She states that she is seeking Commission endorsement, and Chairperson Khamis inquires whether a sponsorship form is necessary Commissioner Castro and Mr Hobbs discuss the nature of endorsements and sponsorship Mr Hobbs states that the event may already have been approved by the Board of Supervisors and recommends that the Commission motion reflect this Commissioner Pajuelo Schwartz moves that the Commission recommend sponsorship, in name only, of Bi National Health Week to the Board of Supervisors, unless already sponsored, and Commissioner Castro seconds the motion Commissioner Abrahams queries Commissioner Castro as to the date of the Bi National Health Week and Commissioner Castro responds that the Week is held October 11 to October 23 It is unanimously ordered that a recommendation for sponsorship, in name only, if not already approved by the Board, be forwarded to the Board of Supervisors 9
11 Elect Chairperson and Vice Chairperson for Fiscal Year 2007 2008 Chairperson Khamis informs that the Executive Committee nominated Commissioners Islam and Jahi for Chairperson and Commissioners Abrahams and Avitia for Vice Chairperson Commissioner Abrahams inquires if the nominees may issue a short statement prior to the election In his statement, he notes the Commission is composed of talented members that do not have adequate time to perform their duties He remarks that the Vice Chair should attend meetings of the Board of Supervisors and the Board of Supervisors Committees Commissioner Avitia notes that she has not attended Board of Supervisors Committee meetings, although in accepting the nomination for Vice Chair has agreed to do so in the future Commissioner Mishra expresses the opinion that the voting should not be done in the presence of the Commissioners nominated Commissioner Taub comments that, per the By Laws, this is the first time the Commission has voted to nominate multiple members for a single position, and in doing so now risks offending Commissioners Commissioner Avitia recommends the nominees leave their seats while ballots are cast and later read into public record by the Clerk Commissioner Sundas moves that Commissioner Avitia be elected as Vice Chair, and Commissioner Pajuelo Schwartz seconds the motion Commissioner Abrahams comments that a motion to elect one Commissioner at a time, rather than voting on both nominees at the same time, is contrary to the principles of democracy Discussion ensues between Commissioner Abrahams and Supervising Board Clerk Marilyn Anderson concerning nominating and voting procedure Commissioner Abrahams removes his name from nomination and expresses the opinion that Commissioner Avitia will serve the Commission well as Vice Chair, and that voting for candidates separately is inappropriate Mr Hobbs responds that voting upon one candidate, then voting upon another should the motion for the first fail, would yield the same result as voting for both simultaneously Discussion ensues between Commissioner Taub and Mr Hobbs regarding the majority needed for a vote to pass and proper voting procedure 10
It is ordered on a vote of 9 1, with Commissioner Taub voting no and Commissioner Castro abstaining, that Commissioner Avitia be elected as Vice Chairperson of the Commission Commissioner Avitia moves that Commissioner Islam be elected as Chairperson, and Commissioner Mishra seconds the motion Chairperson Khamis reminds the Commission that the nominees have not had an opportunity to provide comments Commissioner Jahi informs the Commission she is withdrawing her name from nomination due to her lack of time available to perform the duties of Chairperson Commissioner Islam notes that the Commission is a volunteer group and that his goal as Chairperson would be to use the Commissioner volunteer hours as effectively as possible On motion of Commissioner Chang, seconded by Commissioner Jahi, it is ordered on a vote of 10 0, with Commissioner Castro abstaining, that Commissioner Islam be elected as Chairperson Commissioner Khamis thanks the Commission and notes that under his tenure the Commission met quorum requirements at each regular meeting Chairperson Islam announces that Commissioner Khamis will be honored at the next meeting 12 Announcements: Mr Hobbs announces that Commission By Laws are still under review by County Counsel He recommends that the elections section of the By Laws be revised to read "ballot of at least one nominee" to remove confusion about whether more than one nominee is necessary to elect officers 11
Commissioner Pajuelo Schwartz states that at the next meeting he will be seeking Commission sponsorship, in name only, for an immigration forum to be held in Mountain View Commissioner Abrahams inquires as to the price of the workshop sessions presented by Mr Hobbs and whether the Commission fund will pay for Commissioner attendance Commissioner Avitia responds with pricing information, and Mr Hobbs states that he will contact the workshop organizers to see if a discount is available Commissioner Taub states that the AACI Director should be invited to a future Commission meeting to present information on the effects of Post Traumatic Stress Disorder on youths who have experienced violence Commissioners Abrahams, Sundas, Taub and Mr Hobbs comment on other conferences available Commissioner Sundas recommends the meeting be adjourned in memory of the victims of Hurricane Katrina and in honor of Jane Decker's service to the County Chairperson Khamis asks for a moment of silence, and Commissioner Abrahams remarks on the elevated rate of violence in New Orleans 13 Adjournment On order of the Chairperson, there being no objection, the meeting is adjourned at 8:32 pm to the next regular meeting on September 25, 2007 at 6:00 pm in the Isaac Newton Senter Auditorium, County Government Center, 70 West Hedding Street, San Jose Respectfully submitted, Roy Stone, Deputy Clerk 12