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Home My WebLink About2014.06.24 PacketMINUTES OF THE REGULAR MEETING OF THE HUMAN RIGHTS & RELATIONS COMMISSION May 27, 2014 7:OOpm Community Room — City Hall I. CALL TO ORDER Chair Seidman called meeting to order at 7:OOpm. II. ROLL CALL Answering roll call were Commissioners Arsenault, Bigbee, Haeg, Kennedy, Sanders, Seidman, and Winnick. Staff present: MJ Lamon, Staff Liaison, and Annie Coyle, City Management Fellow. III. APPROVAL OF MEETING AGENDA Motion was made by Commissioner Arseneault to approve the meeting agenda of May 27, 2014; motion seconded by Commissioner Kennedy. Motion carried. IV. ADOPTION OF MEETING MINUTES Chair Seidman was added to roll call. Motion was made by Commissioner Bigbee and seconded by Commissioner Winnick to approve the minutes. Motion carried. V. COMMUNITY COMMENT None. VI. REPORTS/RECOMMENDATIONS A. Bias Offense Response Plan Commissioner Winnick provided a background summary of the Bias Offense Response Plan. It was originally adopted in 1997 and has been updated 3 times since. There is no record of the plan ever being utilized. Commissioners reviewed the Southview Middle School incident from August 11th, 2013. At that time, Mayor Hovland issued a press release and requested HRRC to take a census of response to bias offenses from every City Department; Commissioners also reviewed a memo from City Manager Neal to department heads instigating HRRC's interviews with different departments. Commissioner Carter arrived at 7:08pm. Changes to the plan were discussed: 1. Amendment to department survey page 19 change "FROM STEVE" to Note: Commissioner Winnick provided detailed review of Bias Offense Response and Prevention Plan DRAFT which included Appendix A (2013 Minnesota State Statute 611A.79), Appendix B (Community Resources Network), and Edina Police Department Informed Consent. 2. The following amendments were recommended: 1. Pagel, under partnership: Add local in front of community partners. "Local community partners are identified on....." 2. Page 2, 1. Mn. Changed to Minn. 3. Page 2, 1. The police department shall notify the City manager and the HRRC chair upon receipt of a substantiated report of an event or incident which may constitute of a bias offense under Minn. state statute. 4. Pagel, under partnership: add Community Resources Network after Appendix B. 5. Page 2, 11. Sponsor trainings, education, and public information to promote the understanding... Motion was made by Commissioner Winnick to approve Bias Offense Response and Prevention Plan with recommended amendments. Commissioner Arseneault made a motion to table current motion, make recommended amendments and ask all Commissioners to send changes or edits to the Bias Offense Response and Prevention Plan to Commissioner Winnick. Commissioner Winnick will compile changes to The Plan and bring back to June meeting to approve prior to going to City Council Commissioner Winnick made an amendment to his original motion that in addition to the plan, commissioners will review resolutions drafted by Winnick and provide feedback so the package can be presented at June 2014 meeting. Motion second by Commissioner Sanders. Motion carried. City Staff will inform Manager Neal about delay in Bias Offense Plan. Bias Offense Response and Prevention subcommittee has a meeting schedule on June 2nd with the Police Chief and Manager Neal. City Staff will send out current DRAFT of The Plan and requested edits be sent to liaison for Commissioner Winnick to compile. B. Days of Remembrance Chair Seidman provided brief summary of Days of Remembrance and Genocide Awareness events held in April 2014. HRRC held 3 events. The City Council approved Holocaust recognition as an annual observance. Genocide Awareness was not approved by City Council, but in April of 2014, Gov. Dayton dedicated every April in Minnesota to be known as Genocide Awareness and Prevention Month. April was chosen because there are 6 different genocides that their official dates of memorialization in April. Motion made by Commissioner Kennedy to write Genocide Awareness proclamation in perpetuity. Commissioners brought forward the idea of creating a proclamation that was more inclusive. Chair Seidman suggested to move this topic for discussion to June 2014 meeting. Days of Remembrance proclamation signed by Mayor Hovland will be provided in June meeting packet for commission review. Commissioner Arseneault made motion to table the Genocide Awareness proclamation. Commissioner Bigbee second. Motion passed. Chair Seidman reminded commissioners to come to the meeting next month with ideas on what the HRRC may want to observe. C. Review Committee and Working Group Definitions. Chair Seidman reviewed the subcommittee working group chart. Commissioner Davis offered to join the Tom Oye sub -committee. Winnick remains the Chair of that subcommittee. Commissioner Carter asked to be added to the nominating committee. Commissioner Sanders will be added to the Special Needs Awareness Sub -Committee. There was a request to add the Special Needs Awareness to the June 2014 meeting agenda to discuss potential ideas for the initiative. VII. CORRESPONDENCE AND PETITIONS None. VIII. CHAIR, COMMISSION MEMBER, AND STUDENT COMMENTS A. Chair Comments Commissioners decided there would not be time for a guest speaker in June. June 2014's agenda will include Bias Offense Response and Prevention Plan, Special Needs, Genocide Awareness/DOR Proclamation, and review of the 2014 work plan. Additionally, Commissioners will make a list of items to present to City Council and discuss commission members that can champion initiatives. Commissioner Kennedy expressed interest in the Human Rights City initiative. She will follow up with Commissioner Harrington to coordinate presentation to City Council on August 4th (work session). Commissioner Winnick will draft a letter for Seidman to sign in sympathy of Fred Baron's death. Commissioner Kennedy shared that the MN State Bar Association passed a conflict free resolution which is the same resolution that the City of Edina endorses. The MN Bar Association is the first Bar Association to do so. Commissioner Bigbee is planning on attending the Islamic Perspective information session. IX. STAFF COMMENTS None. X. ADJOURNMENT Motion was made by Commissioner Bigbee to adjourn the May 27th, 2014 meeting of the Human Rights and Relations Commission; motion was second by Commissioner Kennedy. Motion carried. Adjournment at 9:27 pm. Respectfully submitted, Minutes approved by HRRC June 24, 2014 MJ Lamon, HRRC Staff Liaison Jan Seidman, HRRC Chair To: HRRC From: MJ Lamon Staff Liaison Date: 6/24/2014 Subject: Approval of Meeting Agenda w9�N�11� FeL, Cn 0 IxHN Agenda Item #: III. Action Discussion ❑ Information ❑ Action Requested: Approve the meeting agenda for the June 24, 2014 regular meeting of the Human Rights and Relations Commission. Information I Background: Attachment: Meeting Agenda; 2014 Schedule City of Edina • 4801 W. 501h St. • Edina, MN 55424 0 AGENDA CITY OF EDINA, MINNESOTA HUMAN RIGHTS & RELATIONS COMMISSION June 24, 2014 7:00 PM City Hall - Community Room CALL TO ORDER ROLL CALL III. APPROVAL OF MEETING AGENDA IV. APPROVAL OF May 27, 2014 REGULAR MEETING MINUTES V. COMMUNITY COMMENT During "Community Comment," the Human Rights & Relations Commission will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking items that are elsewhere on tonight's agenda may not be addressed during Community Comment Individuals should not expect the Chair or Commission Members to respond to their comments tonight Instead, the Commission might refer the matter to staff for consideration at a future meeting. VI. REPORTS/RECOMMENDATIONS A. Bias Offense Response & Prevention Plan (Winnick) i. Review Plan and Resolution ii. Vote B. Community Conversations (Bigbee/Davis) i. Identify new members (vote) ii. Review next steps, recruitment C. Discuss 2014 end of year projects/Work Plan (All) i. Identify project champions and next steps I. Community Conversations 2. Tom Oye 3. Days of Remembrance D. Special Needs (Sanders) VII. CORRESPONDENCE AND PETITIONS VIII. CHAIR, COMMISSION MEMBER, AND STUDENT COMMENTS A. Next Meeting July 22, 2014 i. Guest Speaker (Chief Nelson?) ii. Review presentation topics for joint work session (Monday, August 4th) IX. STAFF COMMENTS X. ADJOURNMENT The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-92 7- 8861 at least 72 hours in advance of the meeting. l� R7 e HUMAN RIGHTS & \ RELATIONS COMMISSION 2014 Meetings and Events Day Tues Date Jan -28 Event Meeting Time 7:00 p.m. Location Community Room Sat Feb -8 Edina Reads 10:30 a.m. Fireside Room (Senior Center) Tues Feb -25 Meeting 7:00 p.m. Community Room Thurs Mar -13 South View's 4 'Annual Taste of .South View 6:30 p.m. South View Middle School Mon Mar -17 Boards and Commission Recognition Event 5:00 M. Hughes Pavilion (Centennial Lakes).:. Tues Mar -25 Meeting 7:00 p.m. Community Room Tues April -8 Days of Remembrance: Play 7:00 p.m. Fireside Room (Senior Center) Thurs April -10 Genocide Awareness: Rwanda/Congo, 7:00 p.m. City Hall Sun. April -13 Holocaust Remembrance/Yom HaShoah 2:00 P.M. City Hall Tues April -29 Volunteer Recognition Banquet — Tom Oye Award 5:00 P.M. Braemar Clubhouse T+es Affil A.4eet+r 89 Tues , May -27 Meeting 7:00 p.m. Community Room Tues June -24 Meeting 7:00 p.m. Community Room Tues July -22 Meeting 7:00 p.m. Community Room Mon Aug -4 Council Work Session 6:00pm Community Room Tues Aug -26 Meeting 7:00 p.m. Community Room Tues Sept -23 Meeting 7:00 p.m. Community Room Tues Oct -28 Meeting 7:00 p.m. Community Room Ties 5 Televised n4eetiog 71]11., C -h;; mb Arr. Thurs Dec 11 Televised Meeting 7:00 p.m. Council Chambers Ties Dpr- 2ANtee +rig AA- t Item #: IV. Action Discussion ❑ Date: 6/24/2014 Information ❑ Subject: Adoption of Meeting Minutes Action Requested: Approve the minutes for the May 27, 2014 meeting of the Human Rights and Relations Commission. Information / Background: Attachment: Draft meeting minutes from the May 27, 2014 HRRC meeting; Attendance Roster City of Edina • 4801 W. 50th St. • Edina, MN 55424 4 Liaisons: Report attendance monthly and attach this report to the Commission minutes for the packet. Do not enter numbers into the last two columns. Meeting numbers & attendance percentages will calculate automatically. INSTRUCTIONS: Counted as Meeting Held (ON MEETINGS' LINE) Attendance Recorded (ON MEMBER'S LINEI Regular Meeting w/Quorum Type " 1" under the month on the meetings' line. Type "ll" under the month for each attending member. Regular Meeting w/o Quorum Type "1" under the month on the meetings' line. Type 1" under the month for each attending member. Joint Work Session Type 1" under "Work Session" on the meetings' line. Type "V under "Work Session" for each attending member. Rescheduled Meeting` Type 1" under the month on the meetings' line. Type "I" under the month for each attending member. Cancelled Meeting Type 1" under the month on the meetings' line. Type "V under the month for ALL members. Special Meeting There is no number typed on the meetings' line. There is no number typed on the members' lines. 'A rescheduled meeting occurs when members are notified of a new meeting date/time at a prior meeting. If shorter notice is given, the previously -scheduled meeting is considered to have been cancelled and replaced with a special meeting. To: HRRC From: MJ Lamon Staff Liaison Date: 6/24/2014 Subject: Bias Offense Response & Prevention Plan (Winnick) Agenda Item #: VI. A. Action Discussion FX Information ❑ Action Requested: Approve the revised Bias Offense Response & Prevention Plan and adopt a set of recommendations from the Department Interview Reports Information / Background: Discussion continued from May 2014 HRRC Meeting. The Bias Offense Response Plan Subcommittee presented a original revised draft of the Bias Offense Response Plan in May (included). If approved, it needs to be sent to the City Council for adoption. Draft revisions for the plan were receieved from Commissioner Kennedy and compiled with staff changes by Winn._., Commissioner Sanders also submitted revisions which are included separately. Winnick submitted draft revisions to the resolution. All sets of revisions are included as attachments and watermarks denote the author. Last fall, Commissioners Winnick, Bigbee and Seidman met with different City Departments to learn how they handle bias offenses. The group's reports and recommendations are attached. The HRRC must decide if you want to send any recommendations from the reports with the Bias Offense Response Plan to Council for review. Attachment: Draft plan revisions from Commissioners Sanders and Winnick; Draft resolution revisions from Commissioner Winnick. Draft Bias Offense Response & Prevention Plan; Department Interview Reports (from May - denoted with an 'ORIGINAL' watermark). City of Edina • 4801 W. 50th St. • Edina, MN 55424 10 Bias Offense Response and Prevention Plan INTRODUCTION The Bias Offense Response and Prevention Plan (the Plan) was first drafted by the Edina Human Rights and Relations Commission (HRRC) in 1994. The Plan was proposed to the Edina City Council in March 1997 and adopted with some slight revisions on May 5, 1997. The HRRC is directed to review the Plan at least once per year and provide recommended amendments to the City Council for approval as needed. The Plan was updated in 2003, 2008, and most recently in 2011, and 2014. Minority population increases continue among the City's residents, workforce, and school population. Approximately 20% of the school population is identified as ethnic minority, according to School District information. With increasing diversity in the City and School populations, attention is called to the Plan in order that participants are prepared to deal with its provisions should incidents occur which would warrant its implementation. PURPOSES • To establish o r< showing strong co su of offenses that occur withi o • To raise awareness of t iss • To establish a network of m The Edina HRRC provides or coordinates s the community in the prevention of such offen action against prejudice and bigotry. It is not tl crimes. BIAS OFFENSE DEFINED riate and timely local response to bias offenses thus for the victim and zero community tolerance for bias of the City of Edina; community; that can be activated as needed. of bias based offenses and leadership in (cation and collaborative community Fna HIRC, however, to investigate such A bias offense is defined by Minnesota Statute Section 61 IA.79, a co A. PARTNERSHIP is included in Appendix The Edina HRRC will partner with the citizens and organizations in the community in order to provide timely, meaningful support to victims of bias offenses. Community partners are identified on Appendix B. Key partners include: • Edina Police Chief • Edina City Manager • Edina Bias Offense Response Plan Community Resources Network, attached • Edina Mayor and City Council, if appropriate • Edina School Superintendent, if appropriate • Local media, if appropriate Other supporting partners, including professional mediation organizations, may be requested if appropriate. Last updated 5/6/2013 a� Bias Offense Response and Prevention Plan RESPONSE AND PREVENTION PLAN PROCESS: I ) Subject to the limitations in Mn. Stat. Chapter 13, Government Data Practices Act, the Edina Police Department will notify the City Manager and the HRRC Chair of a bias offense as soon as possible after a complaint has been investigated and determined to be valid. Together, the Police Chief, City Manager and HRRC Chair will determine the appropriate level of response including any necessary public statements. 2) The City Manager will notify the Mayor or City Council as appropriate. Upon receipt of a signed Data Practices Release Form from the victim, the HRRC Chair will promptly contact the victim(s) to offer support and determine what further response from the City or community the victim desires and may be appropriate; unless the Police Chief informs the Chair that the initial victim requests0�privndthat no action be taken. 3) The HRRC Chon members of the Community Resources Network as needed respecting thest of the initial victim. Community response options include: • Contac bers of Community Resources Network to inform them of a bias/hate crime que their support and participation in the response. • Notify the Min sota t of Human Rights, if needed. • Only where appropr e a fter onsultation with the initial victim(s) and the City Manager, the HRRC r or presentatives may plan a community -wide response. . 4) Follow-up contact with the victim(s) oul m in person or by telephone by the HRRC Chair or designated contact person. o4netweepre:1 rrences, other problems and offer continued support. 5) HRRC Chair or designee will initiate follow-uropriate. 6) After follow-up has occurred, the HRRC and ives involved shall meet as necessary to review the process of response and talc o ake changes. 7) The HRRC will send letters of appreciation to network repr tat involved. 8) In the event public property, including any building, structur r Cie, is damaged or defaced as a result of an action that may constitute a bias offense unde innesota law, the provisions of this Plan Process shall be implemented. The term "public propert ' this context means property owned, leased or used within the City regardless of ownership of such public property. However, in the event the public property is owned or operated by a public body other than the City, such owner or operator shall be offered the opportunity to become a part of the plan 9) The HRRC Chair will provide a summary report of the response to the Edina City Council and Police Chief. 10) At least annually, the HRRC will review the overall process and recommend necessary amendments to the City Council and Police Chief. 1 1) The HRRC will periodically sponsor trainings to promote the understanding and prevention of bias offenses through collaborative community action. Last updated 5/6/2A a l� Bias Offense Response and Prevention Plan APPENDIX A 2013 Minnesota Statues: https://www.revisor.mn.gov/statutes/?id=61 I a.79 61 IA.79 CIVIL DAMAGES FOR BIAS OFFENSES. Subdivision I. Definition. For purposes of this section, "bias offense" means conduct that would constitute a crime and was committed because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin. Subd. 2. Cause of action; damages and fees injunction. A person who is damaged by a bias offense has a civil cause of action against the person who committed the o e plaintiff is entitled to recover the greater of: (1) $500; or (2) actual general a a including damages for emotional distress. A plaintiff also may obtai nit ag s as provided in sections 549.191 and 549.20 or an injunction or other a roprj relief. Subd. 3. Relation to crimin A person may bring an action under thI proceedings involving the bias offens action under this section is preponde Subd. 4. Parental liability. V, Section 540.18 applies to actions under this section, of proof. less of the existence or outcome of criminal is for the action. The burden of proof in an (1) the parent or guardian is liable for all types of dama?i de nder this section in an amount not exceeding $5,000; and (2) the parent or guardian is not liable if the parent or guardian (reasonable efforts to exercise control over the minor's behavior. Subd. 5. Trial; limitation period. (a) The right to trial by jury is preserved in an action brought under this section. (b) An action under this section must be commenced not later than six years after the cause of action arises. Subd. 6. Other rights preserved. The remedies under this section do not affect any rights or remedies of the plaintiff under other law. History: 1996 c 468 s I Last updated 5/6/20 M 1�Iv'1j� e Bias Offense Response and Prevention Plan APPENDIX B Community Resources Network ORGANIZATION CONTACT TELEPHONE Edina Human Rights & Relations Commission Staff Liaison 952-927-8861 Edina Police Department *JON Chief of Police 952-826-1610 City of Edina City Manager 952-927-8861 Edina City Council Mayor 952-927-8861 Edina Public School District #273 S rintendent 952-848-4000 Richfield Public School District S rient 612-798-6000 Hopkins Public School District Superin nt 952-988-4000 Edina Chamber of Commerce Lori Syverson 952-806-9060 Hennepin County County Attorney 612-348-5550 Owner/operator of `public property' if not the City of Edina Call the Human Rights and Relations Staff Liaison for assistance 952-927-8861 Professional Mediation Organizations Call the Human Rights and Relations Staff Liaison for resource list 952-927-8861 Last updated 5/6/20 A 9 Edina Police Department Informed Consent to Release Private Information Pursuant To Minnesota Statute 13.05, Subd. 4 Data Practices Act On (DATE) the Edina Police Department responded to a (type of call) at (address or location). After investigating the incident it was determined that this incident could be considered a bias crime. The Edina Human Rights and Relations mission (HRRC) provides support to victims of bias crimes and maintains a zero -tolerance for bias es in the City of Edina. As you are listed as the victim and victim information is considere rivate d a, the Edina Police Department has not and will not release your contact information to th R itb&AV1Lvour informed consent. The Edina Human Rights and Reobn ission (HRRC) would like to offer its services to you regarding the above incident. Please indicate below whether or not yo nre%; e contacted the HRRC to assess whether you would like to avail yourself of their services,� m in the self-addressed envelope within 10 days. No, I do not want any personal information released HRR regarding this incident. (Signature) Date Yes, I would like to be contacted by the HRRC for support services and I authorize the Edina Police Department to release my contact information including my name, address, and telephone number. (Signature) Edina Police Department 4801 W. 50th Street Edina MN 55424-1394 Date Administration 952-826-1610 FAX 952-826-1607 TDD 952-826-1630 19 Communications & Technology Services Department Phone 952-826-0359 • Fax 952-826-0389 • www.EdinaMN.gov e U 0 To: Chief Long, Interim Chief Todd, Director Kattreh, Director Olson, Assistant Manager Kurt cc: Human Rights and Relations Chair, Arnie Bigbee From: Scott Neal, City Manager Date: October 2nd, 2013 Subject: Human Rights and Relations City Departmental Survey The Human Rights and tions ommission (HRRC) seeks to work with City Departments to discourage incidents such as occur d on Au 11, when the South View Middle School building exterior was defaced by vandals. The defacem i e s of school officials, graffiti and two hateful words. The HRRC believes that a survey of City ent hould be undertaken to determine if other events or actions of this type have occurred or hat I w ed ' or during interactions with the Public. Based on findings of this information gathering, the HR mommend the City pursue other initiatives. The goal is to gather information from Staff it Information gathered from these conversati� reduce or eliminate such hateful occurrences Members of the HRRC will interview selected staff reporting forms, statistics, procedures and notes w (i) incidents of human rights intrusions, insensitive beha City Departments nts having interactions with the Public. basis of HRRC recommendations designed to nts together with a review of lations of policies or law within (ii) whether City staff interacting with the Public have encounteredactions or behavior or human rights intrusions in the course of performing their duties 'T (iii) whether further information or action should be recommended to City staff and/or the Mayor and Council. Further information gathering may include outreach to the School District for further cooperative programs with student and parent organizations. Note: This review will not require disclosure of non-public information obtained by City Officials under applicable IawPrivate data should be deleted from any written information shared with HRRC representatives. Arnie Bigbee and Steve Winnick of the HRRC will be contacting you soon to arrange conversations with you and director -selected staff members. I appreciate your full cooperation with Steve and Arnie in this task. City of Edina • 4801 W. 501h St. • Edina, MN 55424 HRRC MEETING REPORT PARKS AND RECREATION DEPARTMENT Date: October 24, 2013 Attendees: Arnie Bigbee, Chair and Steve Winnick, Member, HRRC Ann Kattreh, Director and Kristin Aarsvold, Recreation Supervisor At the request of the Mayor and City Manager, this meeting was held for the purpose of determining whether hateful or otherwise inappropriate behavior has been observed or exp . ced within City Departments. Meetings with each Department head a ey anagement personnel will focus on both staff to staff experiences and st f inter tigp with the public. These meetings are intended to provide the Mayor,ll these issues from the South View Middle School. Internal Department Expe No hateful or otherwise inappropriate employees' behavior toward one anoth Interactions with Public Manager and HRRC with current data on following the August defacement of reported involving City Ms. Aarsvold began by stating that the Departmenw staff to work with various program, primarily in the s m she and other staff provide for these part-time employees • City of Edina Park and Recreation Bullying Policy and • Behavior Management and Reporting incident/accident • Youth Sports Core Values and Community Strategy • Edina Youth Sports Code of Conduct brochure proximately 50 part-time e�&scribed the training report form All of these policies/documents are communicated to youth and adult program participants, coaches and parents and sponsoring organizations, if any. The expectation is positive with staff being coached to model respect and fun in a game environment that is often competitive. The practice is to encourage mutual support to the extent that participants are discouraged from being "bystanders" (those who observe a person being bullied or otherwise mistreated but do nothing to intervene). Followup with parents is recommended in recurring cases. Ms. Aarsvold said there have been no reports of bullying since the policy was implemented. 165 Youth sports organizations which reserve Park and Recreation facilities receive a copy of the Bullying Policy and Code of Conduct brochure. Ms. Aarsvold also stated that there are two Edina sports facilities which are co -owned by the City and the Edina School District, both of which are in school buildings. Reservations and conditions of facility use are the responsibility of the School District. It is not know what information/guidance/expectations are provided to the user groups arranging use of those two facilities. The Amateur Athletic Union (AAU) is a major user of the facilities. Training of their coaches in bullying and behavior management, along with reporting, when using Edina Park and Recreation facilities, is not known. Ms. Kattreh noted that there have been incidences of abuse of Park and Recreation properties, but none that have risen to the level of being biased or hateful. Recommendation We recommend a by the Parks and given to the City h r to that developed :ion of incidents be City Council. 19 HRRC MEETING REPORT POLICE DEPARTMENT Date: October 28, 2013 Attendees: Arnie Bigbee, Chair and Jan Seidman, Vice -Chair, HRRC Internal Affairs Officer: Mike Nibbe At the request of the Mayor and City Manager, this meeting was held for the purpose of determining whether hateful or otherwise inappropriate behavior has been observed or ex&#?1%ed within City Departments. Meetings with each Department head experiences and st provide the Mayor, ( these issues from the South View Middle School. Internal Department Experien -Int personnel focus on both staff to staff h the public. These meetings are intended to ty Manager and HRRC with current data on e following the August 11, defacement of Officer Nibbe indicated that he has forward of the Bias/Hate Crimes Process to all officers of the Edina Police Force on Oct r 3. This will ensure that each officer is up to date in their awareness of this proc oinc atedthat an informal inquiry of several individual officers indicated that t are of the current process. He indicated that, like the Fire Departmentor is primarily caucasian. He could not recall any incidents of staff-to-st a ssions of bias or hateful words or actions. He also referenced the current Edina Values training for all employees which emphasizes Integrity, Quality and S 'ce (IQS). Interactions With the Public Having been with the department for over three decades, Officer Nibbe said he could only recall one incidence of an individual claiming that their interaction with the department was biased because of race. This was over a decade ago and the claim was found to be without merit. He also noted that in 2010 there were two incidences of a swastika being placed in Edina, one "keyed" on the side of an automobile and the other being painted graffiti on public property. In this regard, an incident which includes swastikas (a well known symbol of hate against Jews, gays and people of color) was not just vandalism. An incident like this should have been reported immediately to invoke the Bias/Hate crimes process, engaging the HRRC and others in Edina for conversations, actions and resolution. 19 Recommendation We recommend a city wide departmental report form be used similar to that developed by the Parks and Recreation Department and that an annual tabulation of incidents be given to the City Manager for transmission to the HRRC, Mayor and City Council. FROMSTEVE The August South View Middle School graffiti/vandalism incident was the focus of a recent Police Department internal communication reminding officers of City's Bias - Hate Crime Policy Plan and procedure. The Departm mined that the "victim" of that incident was the School District and not the public generally. Th' ending ould be reviewed whenever an incident under the Plan occurs. 29 HRRC MEETING REPORT DEPARTMENT OF ADMINISTRATION Date: October 29, 2013 Attendees: Arnie Bigbee, Chair and Jan Seidman, Vice -Chair of HRRC Karen Kurt, Vice -Chair of Administration, Steven Grausam, Director of Liquor Operations At the request of the or and City Manager, this meeting was held for the purpose of determi g w ther hateful or otherwise inappropriate behavior has been observed orerien AN thin City Departments. Meetings with each Department head a ent personnel focus on both staff to staff experiences and staff intth the public. These meetings are intended to provide the Mayor, Cityrr/ Manager and HRRC with current data on these issues from the City's owing the August 11, defacement of South View Middle School. Internal Department Experienck> During this conversation, there was no recoTc 'o a tall -to -staff complaints of a bias/hateful nature. The Department follows a oli mpt ees directed to access their supervisors director if there is an issue about ch re concerned. Most often, issues which do arise are dealt with between t sor nd the employee or with the participation of the HR Director. This is establishe of for all City employees. Interactions With the Public In the Department, most interactions with the public occur in the office of the City Clerk and in the Edina City Liquor Stores. The City Clerks Office has not had any records indicating biased or hateful interactions between staff and the public. Mr. Grausam of the Liquor Store Operations noted that the mandatory ID checking of customers judged to be under 40 years of age can cause negative reactions from customers at times. If a customer who is judged to be under age 40 is asked for their ID and cannot produce it, they will not be able to make their purchase. If the customer is a member of a protected class (race, sexual orientation, ADA, etc.) they may on rare occasions allege that the reason for being denied a purchase is something other than their age. Mr. Grausam indicated that the most frequent problem at the Southdale store had been attempted thefts of alcohol. Since the store was remodeled in 2011 (with an effort to design 20 spaces and aisles easily visible to the staff) the incidence of attempted thefts has decreased dramatically, from 6/year in 2011 to 1/year in 2012. Recommendation We recommend a city wide departmental report form be used similar to that developed by the Parks and Recreation Department and that an annual tabulation of incidents be given to the City Manager for transmission to the HRRC, Mayor and City Council. 22 HRRC MEETING REPORT DEPT OF PUBLIC WORKS Date: October 22, 2013 Attendees: Arnie Bigbee, Chair and Steve Winnick, Member HRRC Brian Olson, Dir, Dave Goergen, Bob Prestrud, and John Scheerer, Edina Dept. of Public Works. At the request of tl ity Manager, this meeting was held for the purpose of determining w er eful or otherwise inappropriate behavior has been observed or experi ced irity Departments. Meetings with each Department head and key makge experiences and staff interaction provide the Mayor, City Council, ( these issues from the City's perspe South View Middle School. Internal Department Experience nel focus on both staff to staff ic. These meetings are intended to ;r and HRRC with current data on No hateful or otherwise inappropriate experience employees' behavior toward one another. Interactions with Public August 11 defacement of nvolving City Because of the nature of the work of the Department, occasional inappropriate comments or angry outbursts are directed to City staff. Nothing "out of the ordinary" has been noted. Very occasionally, frustrated citizens objecting to street closures, detours or temporary obstructions will express themselves inappropriately. Staff is prepared for this, according to Director Olson. He stated that "this goes with the job". No statistics are kept or reporting systems used to track this behavior. 22 Significant Behavior Director Olson noted that graffiti painted on Park buildings, benches and under bridges has increased to about "twelve or so" this year to date; from 8 in 2012 and 3 incidents in 2011. Total costs to the City for cleanup has been approximately $13,000 year to date. The words spray painted include: "NOS", "HERR", and "SPOOR". In past years the "N" and "F" words have been seen (no actual number of incidences are compiled). Photos of graffiti appearing this year are attached. The principal locatio spray painting are: the 50th and France area, under railroad and highw brid s, on railroad property and on public park and playground propAd (fo khj�i the Public Works Department now has the responsibility of '� Recommendation AINW 10 We recommend a city wide demQntaind form be used similar to that developed by the Parks and Recreation DepCry,at an annual tabulation of incidents be given to the City Manager for transme RC, Mayor and City Council. ll**X** 24 HRRC MEETING REPORT FIRE DEPT. Date: October 25, 2013 Attendees: Arnie Bigbee, Chair and Steve Winnick, Member HRRC Interim Fire Chief Darrell Todd At the request of tlf Mayo and City Manager, this meeting was held for the purpose of determi ateful or otherwise inappropriate behavior has been observed or experie wi n City Departments. Meetings with each Department head and ke ma personnel focus on both staff to staff experiences and staff interact n t ublic. These meetings are intended to provide the Mayor, City Coun ' C' a er and HRRC with current data on these issues from the City's perspe ive�ol wing the August 11, defacement of South View Middle School. i Internal Department Experience No hateful or otherwise inappropriate experience was repo d involving City employees' behavior toward one another. It was noted that the Department consists of all white males, with exception of one "on call" EMT, who is female. All full time Edina firefighters are certified Emergency Medical Technicians. Interactions with Public Because of the nature of the work of the Department, occasional inappropriate comments or angry outbursts are directed to Fire Department Emergency Medical personnel. With one exception, nothing "out of the ordinary" has been noted. No statistics are kept or reporting systems used to track this behavior. However all 24 complaints are logged into the Chief's computer. The majority of complaints received are for the cost of the EMT service, which is passed on to the patient or his/her insurer(including Medicare). Significant Behavior A customer service complaint was related that occurred a year or so earlier in which an EMT allegedly kicked or nudged a patient with his foot to determine if the patient was conscious. A lawsuit against the City ensued which was resolved and included the requirement of internal staff training and discipline to the EMT. The citizen making the complaint included reference to disparate treatment because of sexual orientation. No further action was reported; the individual EMT continues to be empl � in this position. Recommenda We recommer developed by incidents be gi City Council. similar to that al tabulation of HRRC, Mayor and 26 Bias Offense Response and Prevention Plan INTRODUCTION The Bias Offense Response and Prevention Plan (the Plan) was first drafted by the Edina Human Rights and Relations Commission (HRRC) in 1994. The Plan was proposed to the Edina City Council in March 1997 and adopted with some slight revisions on May 5, 1997. The HRRC is directed to review the Plan at least once per year and provide recommended amendments to the City Council for approval as neelp6The Plan was updated in 2003, 2008, and most recently in 2011, and 2014. MinoritNebyPlition increases continue among the City's residents, workforce, and school population. Approxima % of the school population is identified as ethnic minority, according to School District information. i creasing diversity in the City and School populations, attention is called to the Plan in order that pas are prepared to deal with its provisions should incidents occur which would warrant its imeleme t(� atbn. PURPOSES • To establish a prrooc�fdbr or appropriate and timely local response to bias offenses thus showing strong comrr �r import for the victim and zero community tolerance for bias offenses that occur with'thApb undaries of the City of Edina; • To raise awareness of this is hin the community; • To establish a network of cornni resources that can be activated as needed. The Edina HRRC provides or coordinates suppoNsgh f bias- based offenses and provides leadership in the community to prevent such offenseducation and collaborative community action against prejudice and bigotry. It is not the rolina HRRC, however, to investigate such crimes. Colt, BIAS OFFENSE DEFINED 5,�A bias offense is defined by Minnesota Statute Section 61 IA.79, a copy 'ch is included in Appendix A. PARTNERSHIP '` The Edina HRRC will partner with the citizens and organizations in the community t e timely, meaningful support to victims of bias offenses. Local community partners are identified �dix B, Community Resources Network. Key partners include: • Edina Police Chief • Edina City Manager • Edina Bias Offense Response Plan Community Resources Network, attached • Edina Mayor and City Council, if appropriate • Edina School Superintendent, if appropriate • Local media, if appropriate Other supporting partners, including professional mediation organizations, may be requested if appropriate. Last updated 6/5/20 F4 Bias Offense Response and Prevention Plan RESPONSE AND PREVENTION PLAN PROCESS: 1) Subject to the limitations in Minn. Stat. Chapter 13, Government Data Practices Act, the Edina Police Department will notify the City Manager and the HRRC Chair upon receipt of a substantiated report of an event or incident which may constitute a bias offense under Minn. State statute. Together, the Police Chief, City Manager, and HRRC Chair will determine the )p ropriate level of response, including any necessary public statements. e ity Manager will notify the Mayor or City Council as appropriate. Upon receipt of a signed Pa tices Release Form from the victim, the HRRC Chair will promptly contact the victi offer support and determine what further response from the City or community the victim r d what may be appropriate unless the Police Chief informs the Chair that the initial victim a fists privacy and that no action should be taken. 3) The HRRC ChafrWl call upon members of the Community Resources Network as needed, respecting the prN Oequest of the initial victim. Community response options include: • Contact approwlr members of Community Resources Network to inform them of a bias/hate crime ae uest their support and participation in the response. • Notify the Minneso ertment of Human Rights, if needed. • Only where appropriat er consultation with the initial victim(s) and the City Manager, the HRRC and/foot, ;aVJ representatives may plan a community -wide response. 4) Follow-up contact with the victim(s) sho person or by telephone by the HRRC Chair or designated contact person, who wany recurrences, other problems and offer continued support. 5) HRRC Chair or designee will initiate followt appropriate. 6) After follow-up has occurred, the HRRC and networik ' ntatives involved shall meet as necessary to review the response and take action or mak es. 7) The HRRC will send letters of appreciation to network repr ti es involved. 8) In the event that public property, including any building, structure icle, is damaged or defaced as a result of an action that may constitute a bias offense unnesota law, the provisions of this Plan shall be implemented. The term "public property`%iother t means property owned, leased or used within the City regardless of ownership property. However, in the event that the public property is owned or operated by than the City, such owner or operator shall be offered the opportunity t�t of the Plan v 9) The HRRC Chair will provide a summary report of the response to the Edina City Cou oknd Police Chief. 10) At least annually, the HRRC will review the overall process and recommend necessary amendments to the City Council and Police Chief. 1 1) The HRRC will periodically sponsor public information sessions, education and training to promote the understanding and prevention of bias offenses through collaborative community action. Last updated 6/5/20 4 Bias Offense Response and Prevention Plan APPENDIX A 2013 Minnesota Statues: https://www.revisor.mn.gov/statutes/?id=61 la.79 61 IWJ CIVIL DAMAGES FOR BIAS OFFENSES. > dsion 1. Definition. of this section, "bias offense" means conduct that would constitute a crime and was cow( because of the victim's or another's actual or perceived race, color, religion, sex, sexual tion, disability as defined in section 363AO31 age, or national origin. Subd. 2. Caus o tion; damages and fees injunction. A person who is by a bias offense has a civil cause of action against the person who committed the o The is entitled to recover the greater of: (1) $500; or (2) actual general and special lq!g , including damages for emotional distress. 11, A plaintiff also may obtain punitives as provided in sections 549.191 and 549.20 or an injunction or other approp to e'ef. Subd. 3. Relation to criminal proceedmden of proof. A person may bring an action under this sectimdless of the existence or outcome of criminal proceedings involving the bias offense that is th/I action under this section is preponderance of the Subd. 4. Parental liability. Section 540.18 applies to actions under this section, excep (1) the parent or guardian is liable for all types of damages amount not exceeding $5,000; and (2) the parent or guardian is not liable if the parent or guar exercise control over the minor's behavior. Subd. 5. Trial; limitation period. - the action. The burden of proof in an in (a) The right to trial by jury is preserved in an action brought under this section. `O (b) An action under this section must be commenced not later than six years after the caus�or action arises. Subd. 6. Other rights preserved. The remedies under this section do not affect any rights or remedies of the plaintiff under other law. History: 1996 c 468 s 1 Last updated 6/5/20 iq APPENDIX B Bias Offense Response and Prevention Plan Community Resources Network ORG'TION CONTACT TELEPHONE Edina Human Rig lations Commissio 0-4 Staff Liaison 952-927-8861 Edina Police Department . o Chief of Police 952-826-1610 City of Edina City Manager 952-927-8861 Edina City Council 10Mayor 952-927-8861 Edina Public School District #273 a intendent 952-848-4000 Richfield Public School District Superi .t 612-798-6000 Hopkins Public School District Superintendent 952-988-4000 Edina Chamber of Commerce Lori Syverson 952-806-9060 Hennepin County County Attorney 612-348-5550 Owner/operator of 'public property' if not the City of Edina Call the Human Rights and Relations Staff Liaison for assistance -c_7-8861 Professional Mediation Organizations Call the Human Rights and Relations Staff Liaison for resource list 952-927-8861 Last updated 6/5/20 PP The Edina Human Rights and Relations Commission (HRRC) first drafted the Bias Offense Response and Prevention Plan (the Plan) in 1994. The HRRC proposed the Plan to the Edina City Council in March 1997, and the City Council adopted the Plan with some slight revisions on May 5, 1997. The Edina City Council directed the HRRC to review the Plan at least once per year and provide recommended amendments as needed. The Edina City Council updated the Plan in 2003, 2008, and most recently in 2011, and 2014. 31 e f' Bias Offense Response and Prevention Plan INTRODUCTION The Bias Offense Response and Prevention Plan (the Plan) was first drafted by the Edina Human Rights and Relations Commission (HRRC) in 1994. The Plan was proposed to the Edina City Council in March 1997 and adopted with some slight revisions on May 5, 1997. The HRRC is directed to review the Plan at least once per year and provide recommended amendments to the City Council for approval as needed. The Plan was updated in 2003, 2008, and most recently in 2011, and 2014. Minority population increa*shou among the City's residents, workforce, and school population. Approximately 20% of the ol District population is identified as ethnic minority, according to 9rhF;e1 school ^ice ciet distriction. With increasing diversity in the Qty-ci and kheelschool populations, attention is can 4i ^ Wo ensure participants are prepared to deal w4himplement its provisioin^incidents occur PURPOSES To establish a procedure for appFo riat �k_ imely local response to bias offenses thus showing strong community support tim and zero community tolerance for bias offenses that occur within the boundarieI'&Ipityof Edina; • To raise awareness of this issue within thenun • To establish a network of community resources& be activated as needed. The Edina HRRC -provides or coordinates support to victims o i offenses and leadership in the community in the prevention of such offenses through—educatio an Ilaborative community action against prejudice and bigotry. IHowever, it is not the role of the �RC, ;eweyer—,to investigate sbieh erimesbias offenses. BIAS OFFENSE DEFINED V A bias offense is defined by Minnesota Statute Section 61 IA.79, a copy of which isincl pendix A. 46 PARTNERSHIP The Edina HRRC will partner with the citizens and organizations in the community iweFde^r to provi timely, meaningful support to victims of bias offenses. Community partners are identified ion AppendixV B. Key partners include: • Edina Police Chief • Edina City Manager • Edina Bias Offense Response Plan Community Resources Network, attaehedincluded in Appendix B • Edina Mayor and City Council, if appropriate • Edina School Superintendent, if appropriate • Local media, if appropriate Last updated 5/6/2014 32 Bias Offense Response and Prevention Plan Other supporting partners, including professional mediation organizations, may be requested if appropriate. RESPONSE AND PREVENTION PLAN PROCESS: I ) Subject to the limitations in Minn. Stat. Chapter 13, Government Data Practices Act, the Edina Police Department will notify the City Manager and the HRRC Chair of a bias offense as soon as possible after a compla t has been investigated and determined to be valid. Together, the Edina Police Chief, nager and HRRC Chair will determine the appropriate level of response including any�<IsnAil public statements. 2) The Edina City Managerthe Mayor or City Council as appropriate. Upon receipt of a signed Data Practices Releas r from the victim, the HRRC Chair will promptly contact the victim(s) to offer support and d t rl i what further response from the Qty-cityor community the victim desires and fl.��''// roper to niess. If the Edina Police Chief informs the HRRC Chair that the initial victim qu privacy, then the HRRC will make no contact. 3) The HRRC Chair will call upon members ofVimunity Resources Network as needed respecting the privacy request of the initial victi cm unity response options include: • Contact appropriate members of Communi ces Network to inform them of a bias/hate crime and request their support and p tion in the response. • Notify the Minnesota Department of Human Righ , ' need. • Only where appropriate and after consultation withI victim(s) and the Edina City Manager, the HRRC and/or network representative plan a community -wide response. 4) Follow-up contact with the victim(s) should be made in person or by to Eby the -HRRC support," p d contact person. heck on any recurrences, other prol'I� d offer continued 5 HRRC Chair or d ,`//, Chair or designate -- --- designee will initiate follow-up contact as �ppropriat�. 6) After follow-up has occurred, the -HRRC and network representatives involved shal necessary to review -the process of response and take action or make changes. 7) The HRRC will send letters of appreciation to network representatives involved. 8) In the event public property, including any building, structure or vehicle, is damaged or defaceds as a result of an action that may constitute a bias offense under Minnesota law, the provisions of this Plan Process shall be implemented. The term "public property" in this context means property owned, leased, or used within the City regardless of ownership of such public property. (However, in the event the public property is owned or operated by a government, or its agencies, divisions, or entities pale bedy-other than the City of Edina, such owner or operator shall be offered the opportunity to become a part of the plan 9) The HRRC Chair will provide a summary report of the response to the Edina City Council and Police Chief. 10) At least annually, the HRRC will review the overall process and recommend necessary amendments to the Edina City Council and Police Chief. 1 1) The HRRC will periodically sponsor trainings to promote the understanding and prevention of bias offenses through collaborative community action. Last updated 5/6/2014 Comment [T1]: This is not a complete sentence so I'm not sure what it means. Comment [T2]: Number 5 is duplicative of Number 4. 1 prefer the wording of Number 5. Comment [T3]: This definition is overly broad — owned, leased, or used by whom? I suggest the following definition: The term "public property" means property owned, leased, or used by the City of Edina or any other government, or its agencies, divisions, or entities. Formatted: Font: Gill Sans MT, 11 pt 33 ,(RO7, Bias Offense Response and Prevention Plan APPENDIX A 2013 Minnesota Statues: https://www.revisor.mn.gov/statutes/?id=61 I a.79 61 IA.79 CIVIL DAMAGR BIAS OFFENSES. Subdivision I. Definite n � /� For purposes of this sectio a offense' means conduct that would constitute a crime and was committed because of the vi %entiiii 'actual or perceived race, color, religion, sex, sexual orientation, disability asn 363A.03, age, or national origin. Subd. 2. Cause of action; damajunction. A person who is damaged by a biaivil cause of action against the person who committed the offense. The play/Fgcover the greater of: (1) $500; or V " (2) actual general and special damages, including damag p tional distress. A plaintiff also may obtain punitive damages as provided in se49.191 and 549.20 or an injunction or other appropriate relief. Subd. 3. Relation to criminal proceeding; burden of proof. �10 A person may bring an action under this section regardless of the exist, proceedings involving the bias offense that is the basis for the action. action under this section is preponderance of the evidence. of criminal roof in an Subd. 4. Parental liability. " `/O Section 540.18 applies to actions under this section, except that: (1) the parent or guardian is liable for all types of damages awarded under this section in �a " amount not exceeding $5,000; and (2) the parent or guardian is not liable if the parent or guardian made reasonable efforts to V exercise control over the minor's behavior. Subd. S. Trial; limitation period. (a) The right to trial by jury is preserved in an action brought under this section. (b) An action under this section must be commenced not later than six years after the cause of action arises. Subd. 6. Other rights preserved. The remedies under this section do not affect any rights or remedies of the plaintiff under other law. History: Last updated 5/6/2014 34 /`VJjn e Jk Bias Offense Response and Prevention Plan 1996 c 468 s 1 APPENDIX B Community Resources Network Last updated 5/6/2014 Formatted Table 35 ORGANIZATION Z -2 -CONTACT TELEPHONE E ina Human Rights & Relations Commission 010) Staff Liaison / 952-927-8861 Edina Police Department of Police 952-826-1610 City of Edina City Me ► 952-927-8861 Edina City Council Mayor0 952-927-8861 Elina Public School District #273 Superintendent _ (� 952-848-4000 lkichfield Public School District Superintendent 12-798-6000 �lopkins Public School District Superintendent 000 `[dina Chamber of Commerce Lori Syverson 952-806-V6 Hennepin County County Attorney 612-348-5550 Owr}er/operator of `public property' if Call the Human Rights and Relations Staff 952-927-8861 not the City of Edina Liaison for assistance Pro{essional Mediation Organizations Call the Human Rights and Relations Staff 952-927-8861 Liaison for resource list Last updated 5/6/2014 Formatted Table 35 9 Edina Police Department Informed Consent to Release Private Information Pursuant To Minnesota Statute X13.05, Subd. 4 Government Data Practices Act On (DATE) the Edina Police Department responded to a (type of call) at (address or location) (incident). After an investigationg, it was determined that this incident could be considered a bias eFWi eoffense. The E an Rights and Relations Commission (HRRC) provides support to victims of bias crams��ffenses an a zero -tolerance for bias cimes offenses within the City of Edina. As- yYou are listed as vtL is incident but and -victim information is considered private data_-4The Edina Police Department has & will not, release your contact information to the HRRC without your informed consent. The Edina Human Rights and RelationsV ission (HRRC) would like to offer its services to you regarding the above incident. - ((, w Please indicate below whether eFqiet-you wou and return the -this form in the enclosed self -ad be contacted by HRRC to receive information :'f,�ir services the HRRC provides, within 10 days. '0 - No, I do not want to be contacted by the HRRC ^aFd*ng this incident. regarding support services. IrkO Yes, I would like to be contacted by the HRRC for support services_ a+-l�thorize the Edina Police Department to release my name, address, and telephone number to the HRRC. (Signature) Date Edina Police Department 4801 W. 50th Street Edina MN 55424-1394 Administration 952-826-1610 FAX 952-826-1607 TDD 952-826-1630 36 9 Edina Police Department Informed Consent to Release Private Information Pursuant To Minnesota Statute 13.05, Subd. 4 Data Practices Act On (DATE) the Edina Police Department responded to a (type of call) at (address or location). After investigating the inciden it was determined that this incident could be considered a bias crime. The Edina Human Rights and R Commission (HRRC) provides support to victims of bias crimes and maintains a zero -tolerance for bi s within the City of Edina. As you are listed as the victim and victim information is considered r ata, the Edina Police Department has not and will not release your contact information to the HRfll fthout your informed consent. The Edina Human Rights and Relvi� mission (HRRC) would like to offer its services to you regarding the above incident. Please indicate below whether or not youvJbdI ' to be contacted the HRRC to assess whether you would like to avail yourself of their services, an 8 ret the form in the self-addressed envelope within 10 days. V No, I do not want any personal information released t;eJ RRC regarding this incident. ; 0 Yes, I would like to be contacted by the HRRC for support servicd5 uthorize the Edina Police Department to release m contact information including m name, adddr �tele hone number. P Y g Y P (Signature) Date Edina Police Department Administration 952-826-1610 4801 W. 50th Street FAX 952-826-1607 Edina MN 55424-1394 TDD 952-826-1630 Resolutions of the Edina HRRC Re: Bias Offenses Response Plan RESOLVED, That the 2014 Amended Bias Offense and Response Plan be adopted by the Human Rights ,&and Relations Commission and be transmitted to the City Council; and together with the Recommendation that it be adopted by t e Council as the City's Plan and Procedural Process should Bias Offenses a Minnesota Law occur within the City or upon public property owned, or used by other public bodies located within the City. A 614 Re: Reporting of Bias by Ci tments RESOLVED, That the City Manager,�k c if necessary to City Council approval= establish Periodic Reporting Pro res, including written formats tailored to each City Department= regarding orting of incidents of bias under Minnesota Law occurring within City t ents or observed by City employees while interacting with the public in the s of performing their duties. .� RESOLVED FURTHER, That Reporting Forms substa similar to those developed by the Parks & Recreation Department be utiliz by each City Department; and that an annual tabulation of bias incidents occurring within each Department or observed in interactions with the public be provided to the City Manager for transmission to the HRRC, Mayor and City Council on a regular basis. May 27, 2014 37 Date: 6/24/2014 Subject: Community Conversations (Bigbee/Davis) ,EKE, L Item #: VI. B. Action M Discussion M Information ❑ Action Requested: Approve updated roster for Community Conversations Working Group Information / Background: Commissioner Bigbee will provide an update on the work of the Community Conversations group, next steps, and recruitment plan. Bigbee will present an updated roster for the Community Conversations Working Group. The HRRC must approve this roster by a majority vote. Attachment: None. City of Edina • 4801 W. 501h St. • Edina, MN 55424 38 To: HRRC From: MJ Lamon Staff Liaison Date: 6/24/2014 Subject: Discuss 2014 end of year projects/Work Plan (Seidman) Action Requested: None. Agenda Item M VI. C. Information / Background: Chair Seidman will ask Commissioners to identfy champions and next steps for 1. Community Conversations 2. Tom Oye 3. Days of Remembrance Attachment: 2014 Work Plan City of Edina • 4801 W. 50th St. • Edina, MN 55424 Action ❑ Discussion Information ❑ 39 A. 0 @ Human Rights and Relations Commission (HRRC) �0 2014 Annual Work Plan v .s UPDATED April 28, 2014 Anti -bullying event and/or education — Edina Reads By 2"' Quarter 2014 $800 Video, publicity and communications. Progress Report: Bully Prevention Event with Children's Book Author Nancy Carlson - Feb 8, 2014 at Edina Senior Center Autographed copies of Nancy's book, "Henry and the Bully" were given to guests. Approximately 60 guests attended the Edina Reads Event. Community Outreach- Developing cross organizational partnerships to gain an understanding of community needs related to census demographic changes. Conduct Community Listening Sessions Reach out to those that live and work in Edina, including Somali, Hispanic, African-American, and South Asian populations. Potential Partners- Edina Resource Center, Edina Police, Somali and Asian Community leaders. Progress Report: 9/30/14 Admin support and communication. 40 w9sr'~r'1. w L o e r H sn,- O b Human Rights and Relations Commission (HRRC) 2014 Annual Work Plan Proposed Month for Joint Work Session: Staff Comments: Council Comments: To: HRRC From: MJ Lamon Staff Liaison Date: 6/24/2014 Subject: Special Needs Awareness Campaign (Sanders) Action Requested: None. Agenda Item M VI. D. Action ❑ Discussion FX Information ❑ Information / Background: Commissioner Sanders will present an idea for the Special Needs Awareness Campaign. Attachment: None. City of Edina - 4801 W. 501h St. - Edina, MN 55424 42 To: HRRC From: MJ Lamon Staff Liaison Date: 6/24/2014 Subject: Correspondence and Petitions Action Requested: None. Information / Background: Correspondence received since the last HRRC meeting. Attachment: Correspondence. Agenda Item M VII. City of Edina • 4801 W. 50th St. • Edina, MN 55424 Action ❑ Discussion ❑ Information 43 Annie Coyle From: Lohman, Madeline <MLohman@advrights.org> Sent: Wednesday, June 18, 2014 11:39 AM Subject: Request for sign -on Attachments: INFO on US and Human Rights Reviews.pdf, State and local sign on letter to DOS -- Federal Support.pdf I writing on behalf of the Human Rights at Home Campaign, which seeks to build human rights principles into the way government operates. The Campaign is calling for improved human rights implementation and monitoring including through increased coordination between federal, state and local actors and federal resource support for state and local government agencies and officials' efforts to promote and protect human rights. To ensure meaningful human rights implementation, the Campaign is also calling for new federal human rights mechanisms to facilitate this coordination. As part of this effort, the Campaign's State and Local Subcommittee has drafted a letter to Tom Malinowski, Assistant Secretary of State for Democracy, Human Rights and Labor, calling on the federal government to: include "state and local agencies and officials in all future treaty reviews, including the upcoming reviews of compliance with the International Convention on the Elimination of All Forms of Discrimination and the Convention Against Torture, as well as the Universal Periodic Review process." "widely disseminate treaty body recommendations, communicate how they relate to state and local policy, and provide guidance on practices that can address areas of concern"; and provide "dedicated staff, education, training, and funding to help state, county and municipal governments fully comprehend and engage with the United States' human rights obligations." I hope that you will sign -on to this letter and demonstrate your support for federal guidance and support for local implementation of human rights. I have attached the letter to this email, as well as a backgrounder on treaty review. The deadline for sign -on is July 3. Just reply to me if you are interested in signing on to the letter and I will pass that information on to the campaign coordinators. Sincerely, Madeline Madeline Lohman Research, Education and Advocacy Program Associate The Advocates for Human Rights 330 Second Avenue South, Suite 800 Minneapolis, MN 55401 USA Office: 612.341.3302 1 Direct: 612.746.4696 1 Fax: 612.341.2971 mlohman(a)advrights.orci www.theadvocatesforhumanriahts.org I www.EneroyofaNation.oro 44 Tom Malinowski Assistant Secretary, Bureau of Democracy, Human Rights and Labor, U.S. Department of State 2201 C Street NW Washington, DC 20520 July [#], 2014 Dear Assistant Secretary Malinowski, We write, as representatives of state and local government, to commend the U.S. government on its robust engagement with the U.N Human Rights Committee during its recent review of U.S. compliance with the International Covenant on Civil and Political Rights (ICCPR) and to share recommendations on how the federal government can support state and local actors working to promote and protect human rights. The U.S. government's inclusion of three state and local officials in its delegation for the ICCPR review recognized the important role that state and local officials play in implementing the United States' human rights commitments. State and local participation enriched the conversation during the U.S. consultation with civil society and during the interactive dialogue with the Human Rights Committee, adding a breadth and depth of expertise to the discussions, including on issues of homelessness, domestic violence and LGBT discrimination. The Human Rights Committee's Concluding Observations reflect that strengthening the U.S. human rights record requires cooperation and collaboration between all levels of government. They highlight numerous gaps between the protections afforded by the ICCPR and the reality in local communities. Addressing these gaps requires broad state and local awareness of human rights principles and their application to subnational entities. During the interactive dialogue Deputy Assistant Secretary Scott Busby made the laudable commitment to disseminate the Human Rights Committee's Concluding Observation to state and local actors. This commitment is in line with the Human Rights Committee's recommendations to "engage with stakeholders ... to give greater effect to the Covenant" and, "strengthen and expand [federal, state and local] mechanisms mandated to monitor the implementation of human rights... [and] provide them with adequate human and financial resources."' Today, we write to seek your support and guidance so we can do this to the best of our ability. ' Concluding Observations of the Human Rights Committee: United States of America, para. 4(b);(d), U.N. Doc. CCPR/C/USA/CO/4 (Apr. 23, 2014), available at http: //justsecurity. org/wp-content/uploads/2014/03/UN-ICCPR-Concluding- Observations-USA.pdf. Page 1 of 3 45 An important step towards complying with the U.S. government's commitments and obligations is to widely disseminate treaty body recommendations, communicate how they relate to state and local policy, and provide guidance on practices that can address areas of concern. This type of proactive engagement will educate state and local officials on human rights standards and enhance our capacity to engage in activities that bolster human rights compliance. A number of federal agencies and officials are well- placed to effectively communicate the Committee's recommendations and give them meaning at the state and local level, including agencies with which state and local governments have prior relationships, such as the Department of Justice and others within the Equality Working Group. We further urge the United States to include a diverse delegation of state and local agencies and officials in all future treaty reviews, including the upcoming reviews of compliance with the International Convention on the Elimination of All Forms of Discrimination and the Convention Against Torture, as well as the Universal Periodic Review process. This will both strengthen the reviews and help to ensure that the resulting recommendations translate into positive domestic practice at the local level. In 2013, both the IAOHRA — the umbrella organization of state and local human rights agencies with a membership of approximately 160 agencies from across the country — and the U.S. Conference of Mayors, an organization representing cities of 30,000 or more, passed resolutions committing to promote and protect human rights locally. Yet, to implement human rights, the members of these organizations require federal support and guidance. By taking the steps outlined above, the United States will make important strides towards improving human rights implementation across the country, at every level of government. The federal government should further provide dedicated staff, education, training, and funding to help state, county and municipal governments fully comprehend and engage with the United States' human rights obligations. We stand ready to work in partnership with the federal government to help the U.S. meet its obligations to respect, protect and fulfil human rights for all. We look forward to working with you in these efforts and welcome the opportunity to discuss these recommendations further. Sincerely, [SIGN ONs] cc: Mary Mcleod, Principal Deputy Legal Adviser, Office of Legal Adviser, U.S. Department of State Page 2 of 3 al Scott Busby, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State David Sullivan, Legal Adviser to U.S. Mission to the United Nations, U.S. Department of State Kathleen Hooke, Assistant Legal Advisor for Human Rights and Refugees, Office of the Legal Advisor, U.S. Department of State Dean Pittman, Assistant Secretary, International Organization Affairs, Department of State Jesse Tampio, Attorney -Adviser, Office of Human Rights & Refugees, U.S. Department of State Sue Biniaz, Deputy Legal Adviser, Office of the Legal Adviser Karen Stevens, Senior Counsel, Civil Rights Division, Department of Justice Page 3 of 3 47 HUMAN RIGHTS at NOME COLUMBIA LAW SCHOOL — HUMAN RIGHTS INSTITUTE BACKGROUND INFORMATION ON THE U.S. AND HUMAN RIGHTS REVIEWS I. TREATY REVIEWS OF THE UNITED STATES The United States has ratified several major international human rights treaties: The International Covenant on Civil and Political Rights (ICCPR).,, ratified in 1992, protects most traditional civil rights, including voting, speech, and religion; ■ The ICCPR includes protections for basic human rights such as the right to life and to human dignity, freedom of speech and association, freedom from torture and arbitrary detention, fair trial and minority rights. The ICCPR prohibits discrimination and guarantees equality before the law and equality between women and men. The Convention on the Elimination of All Forms of Racial Discrimination CERD ratified in 1994, protects against racial discrimination. ■ CERD prohibits discrimination in the areas including voting, education, health, housing, property, social security, and employment. It defines discrimination broadly to include laws with "the purpose or effect" of impairing enjoyment of human rights. It also calls on governments to take appropriate measures to review and eliminate laws that create or perpetuate discrimination. • The Convention Against Torture (CAT)h ratified in 1994. ■ The CAT requires measures to end acts of torture and criminalize them. It also calls for governments to prevent acts of cruel, inhuman and degrading treatment, and to investigate allegations of such treatment. Two Optional Protocols to the Convention on the Rights of Child, ratified in 2002: • The Optional Protocol on the Sale of Children. Child Prostitution and Child Pornography. This Protocol provides detailed requirements aimed at ending the sexual exploitation and abuse of children, as well as other forms of forced labor and illegal adoption. It further calls for legal and support services for children and international cooperation in efforts to end these abuses • The Optional Protocol on the Involvement of Children in Armed Conflict. This Protocol aims to limit the participation of those under 18 in recruitment and deployment and to provide basic protections to former child soldiers. For each treaty, there is a permanent United Nations body of experts charged with monitoring countries' compliance with human rights obligations in that treaty. Ratifying countries are required to periodically report to these monitoring bodies on their progress in meeting their human rights commitments under the treaty. Civil society also has an opportunity to provide an assessment of compliance with treaty obligations. Ultimately, the treaty body issues Concluding Observations, summarizing concerns and recommendations that the country under review should address. The U.S. will be reviewed for its progress implementing the CERD in August, 2014 and CAT in48 November, 2014. HUMAN RIGHTS at NOME THE 2014 ICCPR REVIEW COLUMBIA LAW SCHOOL _ IIUMAN RIGI ITS INSTITUTE In March of 2014, the U.S. underwent a formal review of its compliance with the ICCPR. A delegation of U.S. federal agency representatives, as well as a mayor, state attorney general and local human rights agency representative traveled to Geneva to participate in the review and represent the United States. At the conclusion of the review, the U.N. expert Committee issued a number of conclusions and recommendations regarding the United States. These Concluding Observations touch on issues of federal, state and local concern, including racial profiling, gun violence, domestic violence, voting and homelessness. II. THE UNIVERSAL PERIODIC REVIEW ("UPR") The United Nations Human Rights Council reviews the human rights records of all 193 United Nations Member States once every four years through the Universal Periodic Review ("UPR") process. This peer review process provides an opportunity for each country to discuss what actions it has taken to fulfill its human rights obligations and presents non-governmental organizations with an opportunity to advocate for greater protection or publicize human rights violations. The United States underwent its first UPR review in 2010 and will be reviewed again in 2015. The 2010 UPR resulted in 228 recommendations for ways in which the United States can improve human rights conditions domestically. Like recommendations from the ICCPR review, many of these recommendations relate to issues within state and local government jurisdiction, including employment, housing and criminal justice. The second review, next year, will focus on U.S. progress in implementing the recommendations from the 2010. For more information on ways that state and local governments can use human rights to advance local policy, visit the website for Columbia Law School's Human Rights Institute: http://web.law.columbia.edulhuman-rights-institute/human-rights-us/treaty- implementation/state-and-local-work 49 To: HRRC From: MJ Lamon Staff Liaison Date: 6/24/2014 Subject: Chair, Commission Member, and Student Comments Action Requested: None. Information / Background: A. Next Meeting July 22, 2014 i. Guest Speaker ii. Review presentation topics for joint work session with Council Agenda Item #: VIII. Action ❑ Discussion ❑ Information B. Joint Work Session with City Council rescheduled to August 4th (Monday) 6:00pm Attachment: None. City of Edina • 4801 W. 501h St. • Edina, MN 55424 50 Chris Bremer grew up in New York City and has lived in Edina since 1984. She and her husband have three adult children who attended Cornelia Elementary School, South View Middle School, and Edina High School. Chris holds a B.A. in Psychology from the State University of New York in Plattsburgh and a Ph.D. in Work, Community and Family Education from the University of Minnesota. She is employed at the University of Minnesota, currently serving as Coordinator of Faculty Awards in the Office of the Provost. From 2001 to 2012, Chris was a Research Associate at the Institute on Community Integration (ICI) at UMN. She was Principal Investigator for a federally funded longitudinal study of community college student experiences and outcomes, in collaboration with the National Research Center for Career and Technical Education (NRCCTE). She also contributed to several NRCCTE projects, including a systemic review of college student retention research as well as studies of teacher induction, alternative teacher certification, and career pathway programs. Chris's other work at ICI concerned students with disabilities, including assessment practices and transition to postsecondary education. In her earlier career in industry, she worked as a human factors (ergonomics) engineer in Honeywell's Residential Division, designing and testing consumer products, and also in Honeywell's Corporate Community Affairs area, managing business/education partnerships. Chris has been involved with many volunteer and nonprofit organizations over the years, including the advisory board of Edina Community Education. Chris currently serves as co-chair of the newly -formed Strachauer Park neighborhood association. She is a board member of First Universalist Foundation, a member of the management committee for Camp UniStar (a family camp in Cass Lake, Minnesota), and a Regional Coordinator for the Unitarian Universalist Service Committee, a nonsectarian organization that promotes human rights and social justice worldwide. 2014-2015 HRRC Contact Information and Roster First Name Last Name Address Public Contact Info 1 Public Contact Info 2 Current Term Position Arseneault Patrice 5525 Hansen Road #111 parseneault@comcast.net 952-367-7951 2/1/2015 Vice Chair Bigbee Arnold 7621 Edinborough Way #2210 arniebl@me.com 612-804-4660 2/1/2015 Commissioner Carter Derek 6525 Gleason Rd derekscottcarter@gmail.com 2/1/2017 Commissioner Cashmore John 5313 Chantrey Rd john@opiniondive.com 2/1/2016 Commissioner Davis Laura 5210 Villa Way jdlaura2004@yahoo.com 2/1/2015 Commissioner Haeg Molly 7209 Fleetwood Drive mmhaegl6@comcast.net 9/1/2014 Student Harrington Paige 6506 Wilryan Av S paige.lo.harrington@gmail.com 9/1/2014 Student Kennedy Ellen 7220 Cornelia Drive kennedy@worldwithoutgenocide.org 952-693-5296 2/1/2017 Commissioner Sanders Tiffany 5209 W 60th Street 952-920-5128 2/1/2017 Commissioner Seidman Janet 6417 Timber Ridge jdseidman.247@gmail.com 2/1/2016 Chair Winnick Stephen 7117 Lanham Lane winsteve@comcast.net 2/1/2016 Commissioner Staff Contact Information MJ Lamon I Project Coordinator 952-826-0360 mlamon@edinamn.gov Lindy Crawford I City Management Fellow 952-826-0429 1 Icrawford@edinamn.gov PROCLAMATION WHEREAS, the Holocaust was the state-sponsored systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945, with six million murdered; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies and governments; and WHEREAS, we the people of the City of Edina should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution and tyranny; and WHEREAS, we the people of the City of Edina should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for the people of the City of Edina to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress, the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, May 1 through Sunday, May 8, 2011, including the Day of Remembrance known as Yom Hashoah, May 1, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina does hereby proclaim the week of Sunday, May 1 through Sunday, May 8, 2011, as DAYS OF REMEMBRANCE in memory of the victims of the Holocaust and in honor of the survivors as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Edina should work to promote human dignity and confront hate whenever and wherever it occurs. Dated this 5th day of April, 2011. .............. James B. Hovland, Mayor of Edina Agenda Item V. B. PROCLAMATION WHEREAS, the Holocaust was the state-sponsored systematic persecution and annihilation of European Jewry, Gentile Poles, Slays, Soviets, Gypsies, the mentally ill, the deaf, the physically disabled and mentally retarded, homosexuals, transsexuals, political opponents and religious dissidents by Nazi Germany and its collaborators between 1933 and 1945, with 17 million murdered; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies and governments; and WHEREAS, we the people of the City of Edina should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution and tyranny; and WHEREAS, we the people of the City of Edina should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance are set aside annually, occurring in April or May, to coincide with the national celebration of Yom Hashoah for the people of the City of Edina to remember the victims of the Holocaust, as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress, the United States Holocaust Memorial Council designates annually the Days of Remembrance of the Victims of the Holocaust, including the Day of Remembrance known as Yom Hashoah. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina does hereby recognize the DAYS OF REMEMBRANCE in memory of the victims of the Holocaust and in honor of the survivors as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Edina will work to promote human dignity and confront hate whenever and wherever it occurs. Dated this 3`d day of April, 2012. James B. Hovland, Mayor of Edina ~1111_ e Blas Offense Response and Prevention Plan INTRODUCTION The Edina Human Rights and Relations Commission (HRRC) first drafted the Bias Offense Response and Prevention Plan (the Plan) in 1994. The HRRC proposed the Plan to the Edina City Council in March 1997, and the City Council adopted the Plan with some slight revisions on May 5, 1997. The Edina City Council directed the HRRC to review the Plan at least once per year and provide recommended amendments as needed. The Edina City Council updated the Plan in 2003, 2008, and most recently in 2011, and 2014. Minority population increases continue among the City's residents, workforce, and school population. Approximately 20% of the Edina's School District population is identified as ethnic minority, according to school district information. With increasing diversity in the city and school populations, attention is called to the Plan to ensure participants are prepared to implement its provisions should triggering incidents occur. PURPOSES To establish a procedure for appropriate and timely local response to bias offenses thus showing strong community support for the victim and zero community tolerance for bias offenses that occur within the boundaries of the City of Edina; To raise awareness of this issue within the community; To establish a network of community resources that can be activated as needed. The Edina HRRC provides or coordinates support to victims of bias offenses and provides leadership in the community to prevent such offenses through education and collaborative community action against prejudice and bigotry. However, it is not the role of the Edina HRRC, however, to investigate bias offenses. BIAS OFFENSE DEFINED A bias offense is defined by Minnesota Statute Section 61 IA.79, a copy of which is included in Appendix A. PARTNERSHIP The Edina HRRC will partner with the citizens and organizations in the community in order to provide timely, meaningful support to victims of bias offenses. Local community partners are identified in Appendix B, Community Resources Network. Key partners include: • Edina Police Chief • Edina City Manager • Edina Bias Offense Response Plan Community Resources Network, included in Appendix B • Edina Mayor and City Council, if appropriate • Edina School Superintendent, if appropriate • Local media, if appropriate Last updated 6/5/2014 w e _} 11�, Bias Offense Response and Prevention Plan Other supporting partners, including professional mediation organizations, may be requested if appropriate. RESPONSE AND PREVENTION PLAN PROCESS: I ) Subject to the limitations in Minn. Stat. Chapter 13, Government Data Practices Act, the Edina Police Department will notify the City Manager and the HRRC Chair upon receipt of a substantiated report of an event or incident which may constitute a bias offense under Minn. State statute. Together, the Edina Police Chief, City Manager, and HRRC Chair will determine the appropriate level of response, including any necessary public statements. 2) The Edina City Manager will notify the Mayor or City Council as appropriate. Upon receipt of a signed Data Practices Release Form from the victim, the HRRC Chair will promptly contact the victim(s) to offer support and determine what further response from the city or community the victim desires and what may be appropriate. If the Edina Police Chief informs the HRRC Chair that the initial victim requests privacy, then the HRRC will make no contact. 3) The HRRC Chair will call upon members of the Community Resources Network as needed, respecting the privacy request of the initial victim. Community response options include: • Contact appropriate members of Community Resources Network to inform them of a bias/hate crime and request their support and participation in the response. • Notify the Minnesota Department of Human Rights, if needed. • Only where appropriate and after consultation with the initial victim(s) and the Edina City Manager, the HRRC and/or network representatives may plan a community -wide response. 4) HRRC Chair or designee will initiate initial and follow up contact with the victim(s) by person or phone. 5) After follow-up has occurred, the HRRC and network representatives involved shall meet as necessary to review the response and take action or make changes. 6) The HRRC will send letters of appreciation to network representatives involved. 7) In the event that public property, including any building, structure or vehicle, is damaged or defaced as a result of an action that may constitute a bias offense under Minnesota law, the provisions of this Plan shall be implemented. The term "public property" means property owned, leased, or used by the City of Edina or any other government, or its agencies, divisions, or entities. However, in the event that the public property is owned or operated by a government or its agencies, divisions, or entities other than the City of Edina, such owner or operator shall be offered the opportunity to become a part of the Plan 8) The HRRC Chair will provide a summary report of the response to the Edina City Council and Police Chief. 9) At least annually, the HRRC will review the overall process and recommend necessary amendments to the Edina City Council and Police Chief. 10) The HRRC will periodically sponsor public information sessions, education and training to promote the understanding and prevention of bias offenses through collaborative community action. Last updated 6/5/2014 tT a` f� Bias Offense Response and Prevention Plan APPENDIX A 2013 Minnesota Statues: https://www.revisor.mn.gov/statutes/?id=61 I a.79 61 IA.79 CIVIL DAMAGES FOR BIAS OFFENSES. Subdivision I. Definition. For purposes of this section, "bias offense" means conduct that would constitute a crime and was committed because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin. Subd. 2. Cause of action; damages and fees injunction. A person who is damaged by a bias offense has a civil cause of action against the person who committed the offense. The plaintiff is entitled to recover the greater of: (1) $500; or (2) actual general and special damages, including damages for emotional distress. A plaintiff also may obtain punitive damages as provided in sections 549.191 and 549.20 or an injunction or other appropriate relief. Subd. 3. Relation to criminal proceeding; burden of proof. A person may bring an action under this section regardless of the existence or outcome of criminal proceedings involving the bias offense that is the basis for the action. The burden of proof in an action under this section is preponderance of the evidence. Subd. 4. Parental liability. Section 540.18 applies to actions under this section, except that: (1) the parent or guardian is liable for all types of damages awarded under this section in an amount not exceeding $5,000; and (2) the parent or guardian is not liable if the parent or guardian made reasonable efforts to exercise control over the minor's behavior. Subd. S. Trial; limitation period. (a) The right to trial by jury is preserved in an action brought under this section. (b) An action under this section must be commenced not later than six years after the cause of action arises. Subd. 6. Other rights preserved. The remedies under this section do not affect any rights or remedies of the plaintiff under other law. History: 1996 c 468 s I Last updated 6/5/2014 APPENDIX B Bias Offense Response and Prevention Plan Community Resources Network ORGANIZATION CONTACT TELEPHONE Edina Human Rights & Relations Commission Staff Liaison 952-927-8861 Edina Police Department Chief of Police 952-826-1610 City of Edina City Manager 952-927-8861 Edina City Council Mayor 952-927-8861 Edina Public School District #273 Superintendent 952-848-4000 Richfield Public School District Superintendent 612-798-6000 Hopkins Public School District Superintendent 952-988-4000 Edina Chamber of Commerce Lori Syverson 952-806-9060 Hennepin County County Attorney 612-348-5550 Owner/operator of `public property' if not the City of Edina Call the Human Rights and Relations Staff Liaison for assistance 952-927-8861 Professional Mediation Organizations Call the Human Rights and Relations Staff Liaison for resource list 952-927-8861 Last updated 6/5/2014 Edina Police Department Informed Consent to Release Private Information Pursuant To Minnesota Statute § 13.05, Subd. 4 Government Data Practices Act On (DATE) the Edina Police Department responded to a (type of call) at (address or location) (incident). After an investigation, it was determined that this incident could be considered a bias offense. The Edina Human Rights and Relations Commission (HRRC) provides support to victims of bias offenses and maintains a zero -tolerance for bias offenses within the City of Edina. You are a victim of this incident, but victim information is considered private data. The Edina Police Department has not, and will not, release your contact information to the HRRC without your informed consent. The Edina Human Rights and Relations Commission (HRRC) would like to offer its services to you regarding the above incident. Please indicate below whether you would like to be contacted by the HRRC to receive information on the support and services the HRRC provides, and return this form in the enclosed self-addressed envelope within 10 days. No, I do not want to be contacted by the HRRC regarding support services. Yes, I would like to be contacted by the HRRC for support services. I authorize the Edina Police Department to release my name, address, and telephone number, to the HRRC. (Signature) Date Edina Police Department Administration 952-826-1610 4801 W. 50th Street FAX 952-826-1607 Edina MN 55424-1394 TDD 952-826-1630