SPECIAL MEETING

January 23, 2001

The Town Council of the Town of Easton met today at 7:00 P.M. in a special meeting. The meeting was called to order with the following members present: President of the Council Mr. Willey, Mr. Heinmuller, and Mr. Ford. Also present were Mayor C. Eugene Butler, Town Attorney Chris Kehoe, and Chief Harvey.

Mayor Butler started with a couple of comments. He stated that the purpose of the meeting was to discuss the drafting of the Human Relations Committee.

Ms. Patricia Hawkins, 403 Port Street, thanked Mayor Butler for the opportunity to have the meeting hoping to resolve the racism matter. She stated that the purpose of the meeting was to give some specifics as to what the committee should be made up of.

Ms. Moonyene Jackson, 120 Port Street, stated that what has been heard to so far were the reasons for organizing and having a commission. The community representatives who have submitted documents in writing and their positions on racism existing in the town of Easton. The only subject agreed upon was that a commission on human relations was needed in the town of Easton. The community representatives as a whole were recommending that the commission to really be viable should have its component parts. As a whole, the community representatives felt that the name should be the Human Relations Commission, the status should be reflected in the name, and the organization would have an important function in the town. The group is suggesting that the commission have commissioners. However, there was a disagreement on the number of commissioners, but it was suggested that if there were a larger number, there would be more diversity. The numbers of the commission should be representative of the community. No less than three out of seven of the members should be African American.

Mr. Willey asked whom Ms. Jackson was trying to say would make the recommendations. He also stated that prior to the meeting, there was some discussion that the council members should make the recommendations.

Ms. Jackson stated that Moonyene Jackson could make a recommendation, the NAACP True Colors organizations could make a recommendation for consideration. The community representatives feel that they know something about people in the community who could articulate issues, who could hear issues being presented, and who could fairly represent both sides or hear and listen objectively and speak well to the point. It was also thought that the duration of the commission, once it is established, should be no less than three years and perhaps three to five years. Anything less than that makes them feel that it's not serious and by the end of the year, the issue would be gone and will not be dealt with. The individual(s) should have staggered terms, so that everyone doesn’t come off at the same time to present progress. There was a question about what was meant when the term "qualified individuals" was mentioned. There was not that had given the sense of what was in mind for qualifications a person would have to have from the council's point of view to serve as a part of the human relations body. Ms. Jackson went on to say that the group believes that the jurisdiction of the body would be probably framed a little differently than what the council has in mind. From what they glean from the council's document is that the council wants the political territories to really define the jurisdiction. They also believe that if there is a citizen who lives in Easton and who is impacted, the person living in this town should have the right to bring an issue to the commission. The commission would not be the resolution body, but they could help the individual or their family articulate their position, they could help them fair out their issue. They are asking for investigatory and subpoena powers, things that enable the commission to conduct real fact-finding. If a person lives outside of the town, but works in town and has an issue with their employer, it should be fair if the person could bring those issues to the commission. The police department should not be exempt. If there are issues and complaints that are concerning the police department, the fire department, or the mayor's office, or the city council, that individuals should feel secure that they could come before the body and discuss any issues they may have. They just don't want an empty organization that doesn't have no strength, no teeth, and no ability to effect any kind of change. They don't want to be just an advisory body to the council, they want to have some type of ability to find facts and shepherd people through a process and send them where they need to go. A report will be provided to the council after some a particular period of time. The report will be of what has been done, what people have come to them, and how effective the commission has been. When the commission meets, hopefully someone could be hired to take notes so that the people involved in hearing the cases do not have to assign themselves that duty. Ms. Jackson went on to discuss the issue of the quorum would be, which would be determined by the number of commissioners that are actually apart of the commission. The overall purpose is to make for a better quality of life for everybody. It is not the desire of the committee to go around to find people who want to make complaints, but to find ways to bring equity to the people who feel that they don't have equity in some areas. It doesn't do much good to say that there are others who have been assigned a task, in comparison to the human rights commission in Cambridge. What the commission wants to do wouldn't necessarily impact upon that specific body. If the commission felt that a complaint should go to Cambridge, rather than sending the document, the bodies should be established to take the complaints. Also, these bodies may need to support the people making the reports. On behalf of the community representatives, the group would like to have an ordinance creating this commission so that it is officially a part of the town.

Mr. Willey stated that there were at least 11 items, he did not have any problems with some, however the others will be real issues.

Col. Walter Chase, 4248 Main St., Trappe, stated that he was present to represent the NAACP, President Walter Black was unable to attend. Mr. Chase echoed some of the issues that Ms. Jackson had addressed. He stated that some of their recommendations are that to consider establishing a human relations commission. The commission would have the authority to subpoena witnesses, authority to issue cease and desist orders designed to cause the accused party/parties refrain from continuing acts of discrimination which are found to be violent. If a party has continued to discriminate in violation of a cease and desist order be subject to appropriate penalties of the law. There should be effective procedures and guaranteed meaningful input from the minority community with the respect to the selection of individuals who will serve as commissioners. Revelant community organizations should submit the name of individuals to be considered for the appointment to the commission, and those names would be submitted to the initiative committee in the mayor's office. The commissioners would be appointed from the submitted list. Letters from the Talbot County Branch of the NAACP will be mailed to the mayor.

Mr. Royce Sampson, 2937 Stoney Ridge Circle, stated that he was present in support of Ms. Hawkins, Ms. Jackson, and the NAACP. He just wanted to state that he was present representing the state NAACP. Easton has an opportunity to really set a good precedence in race relations.

Mr. Ford stated that he found the comments to Ms. Hawkins in the paper regarding the mission of the commission encouraging. It seemed that the mission would be to find ways to improve the understanding of the different cultures of this town and to get them to interact with one another. He also stated that he had to admit to some lack of understanding legal issues for the commission (i.e. the subpoena powers and investigative powers). It may be possible with good lines of communication and sincere effort on the town's part and the commission's part that the commission can play an extremely important role in developing policy in the town as an advisory group. He stated that he would like to hear more about what the commission would need in regards to the investigative and subpoena powers.

Ms. Jackson stated that she understood that people do not always want to assist others in finding information. Unfortunately, the group would like to see everybody get along, and want to improve relationships. The truth is that there is discrimination, which is the context of the meeting. Sometimes, the information cannot be retrieved by asking people to release documents or access to records, but if people know that a person can get the information by using any powers within the context of their authority, then they are more willing to release the information. Through the use of an ordinance, it would not prohibit the commission from that type of access. Ms. Jackson stated that she would be able to share information given to her which tells the way commissions have operated in other places, and would be willing to share with the town attorney and the mayor and council. It doesn't give them a reason to exist if the commission does not have the ability to get to the merits of a contention.

Mr. Ford stated that he was trying to understand and work toward a consensus. But the town might be concerned that a major employer in Easton, whether it be justified or not, being advisably pressured by the commission in an official capacity and coming to the commission and the council with their complaints. He is trying to understand how this procedure would work, but it does raise some concerns.

Ms. Jackson stated that when conducting a fact-finding investigation, it has to be supported either with the documents that would be in the employer's safe keeping, because of which, the employee may not have access to it, and there has to be some way to get that information. The employer should not be able to say that they refuse to give any information that assist in the situation, but at the same time mock the commission's efforts to help others. They should not be able to do that because the document would state the specific documents that the commission would like.

Mr. Heinmuller stated that he would like to consider what the outcomes would be if the commission hears a complaint, finds out information, and it is clearly a case violation of some racial prejudice law that's in the books (i.e. in hiring, in housing, etc.). He asked would the commission expect to come to the mayor and council and say that they have found the facts, but there is a violation and what will be done to enforce the laws.

Ms. Jackson stated that the obligation may be a little different. The commission would probably say that they have investigated a particular landlord and found out that the landlord has other properties and is doing the same thing and tell how it is effecting the quality of life for the people that the commission is concerned with. In a situation like that, the commission would go to the housing authority and tell them that the situation will need to be handled in a certain time period or else they would be seen as severely prejudiced and the whole matter would be taken to the next level.

The town attorney stated that he was hearing two things. The first thing is that if the commission wants to investigate a situation and act as an advocate to help the person who is a victim of racial discrimination to present the best case that the person can do with the human relations commission for housing discrimination. Secondly, if the commission itself were to say to an employer, that they had to rehire an employee due to illegal dismissal.

Ms. Jackson stated that this was not the case because the commission would not have that kind of authority, and they just want to find the facts. She went on to say that all she wants the commission to do is to help the people define their case(s) because many people do have a case and cannot articulate it. If someone does come to the commission, they want to be able to ask the critical questions to get to the substance of the complaint.

Mr. Heinmuller stated that the reason why he was asking the outcome(s) using the scenarios was because a human relations commission in the town of Easton would absolutely need legislation to be established. There would be guidelines, controls, and other aspects to be thought about so that people would understand what to expect. For those who are accused of racism would also be able to read what the commission can do and say what they can expect for them to do and what they are trying to do. The whole point is focusing on when the legislation is drafted to create the commission; the questions that should be asked are what has been done to help the person get justice.

Mr. Kehoe saidthat he had given a great deal of thought and effort as far as the commission goes, but is concerned about the ability of the town to give the subpoena power to a human relations commission as well as any other body in the town. He went on to say that municipalities, in a way that the government is set up in Maryland, it contains the state, at the top, counties, and municipalities, which are at the lowest level. Mr. Kehoe stated that he was not sure that a town, as opposed to a state has the power to give any agency subpoena powers, unless there is a specific grant of authority from the state legislature.

Ms. Jackson asked if there was not anything that prohibits the town from receiving a grant, what would Mr. Kehoe's argument be.

Mr. Kehoe stated the rule in Maryland is that local government/municipalities have only the powers specifically the powers granted to them by the state and no more than that.

Mrs. Jackson asked Mr. Kehoe if that were his only objection assuming that a law was found that would make having subpoena powers a legitimate exercise for the commission, would he have any additional objections.

Mr. Willey stated that there were a couple of things that were interesting. The first thing was to get rid of the idea that the commission would be a racial type commission because there are other factors that would come into view as far as the commission is concerned and there would be other reasons for discrimination involved. Secondly, he would like further understanding of how to deal with a national company that is not incorporated in the state of Maryland, where federal boundaries may be crossed.

Ms. Jackson stated that following the meeting; there should at least be some agreement that there will be a commission. If there are some things that do not cause conflict, if that be true, maybe there could be a discussion about planning an actual human relations commission within the context of what is already known.

Mr. John Jessup, 24360 Widgeon Place, St. Michaels, asked if the town itself had subpoena powers.

Mr. Kehoe responded by stating that the town has subpoena powers only in the context in the Board of Zoning Appeals, and it has the power because there is a state law that gives the board that power.

Ms. Hilda Wilson, 7365 Brett Road, Easton, asked a couple of questions. 1) How much time would be put into the commission? 2) Would the members who will serve as apart of the commission be paid or will they work as volunteers? 3) How often will the commission meet? 4) How will the people's problems be solved, and how long will it take to solve them? 5) If there are going to be people on the commission who work everyday, how will the issues be solved if the work is done voluntarily?

Ms. Jackson responded by saying that the commission would have to be made up of people who can commit to the time. In terms of the time that it will take to resolve an issue, no time limit can be put on how long it will take to resolve it. Once the commission had been established and the rules had been governed, the meeting would occur anywhere from one to four times a month, and during that time, a certain number of documents would be reviewed. It depends on how many people come to the commission, but they do, it will be looked at as a case-by-case situation because some cases will be easier to handle than others will. As of right now, it is a volunteer opportunity to help others in the community.

Ms. Hawkins stated that the object of the commission would not only be to hear complaints, but to come up with suggestions of diversity activities to give to the mayor and council.

Mr. Ford stated as Ms. Jackson had mentioned earlier, that there was no or little point in proceeding with the commission if it would not have the power that was being requested. He stated that he was hoping that the commission could help give an insight to the council as to bringing about changes in all of the community, whether or not the commission had subpoena powers.

Ms. Jackson stated that was the consensus that was reached upon the community representatives. She went on to say that people wanted to have a meaning for the opportunity to deal with conflict resolution. Because of issues that were raised, people felt the need to have a resource that could really meet the challenge, and in order to do that, there needs to be an organization who could do so. The commission wants to be there so that they could help people to fashion what their troubles are, but there isn't really anything that the commission itself could do. What they want to do is to be able to point out the problems based on whatever information that has been found.

Mr. Willey stated that there was no problem with the items that had been discussed by Ms. Jackson. Nor was there any problem with changing the name from human relations committee to human relations commission. As far as the make up of the commission, it does have to be made up correctly, but there was no way that it would be able to be effective with less than nine members. The length of terms could be worked out quickly. The commission would have to give feedback to the council on a regular basis. There also has to be some kind of budget set up for the group for traveling expenses and legal expenses. The real concern is about the answering of all questions when jurisdictional lines have been crossed. Another concern is about the police officers because of their bill of rights. Most of what was discussed during the meeting could be plugged into the existing framework to see how it works if there are no objections from the council.

Ms. Jackson asked about the police bill of rights.

Mr. Kehoe stated that the police officer's bills of rights are procedures that have to be followed when a complaint is made.

Ms. Hawkins asked after Mr. Kehoe and Ms. Jackson meet to discuss other matters, when could the others expect to find out what has been accomplished.

Mr. Kehoe stated that it would probably be a couple of weeks before anything would take place, likely later on in February.

Ms. Jackson thanked the council members and Mr. Kehoe for their attention and consideration.

Mr. Heinmuller stated that there would be additional thoughts and ideas once others find out about the meeting and what has been discussed. Any additional comments could be sent to the town office by Monday, January 29.

There being no further business, the meeting was adjourned at 8:20 P.M.