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Human Resources Department

Commission on Human Rights

Commission Meeting Minutes July 24 2018

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Commissioners Present:

First District: Terrence-Christopher Patterson, Howard Sapper (Officer-at-Large), Dmitra Smith (Vice Chair)
Second District: J. Kevin Jones (Chair), Faith Ross
Third District: Alana Bjorkquist, Akash Kalia

Staff Present: no current staff support  

  1. Call to Order – Mission Statement – Introductions – Jones
    Meeting called to order at 5.35PM.
  2. Approval of the July 24, 2018 Agenda – Jones
    • Due to Brown Act requirements, only changing the order of, or deletion of items may be allowed. New items may not be added.

    Motion to approve theJuly 24, 2018 Agenda


    Motion: 
    Commissioner Sapper           Ayes: 6                      Noes: 0
    Second:
    Commissioner Ross              Absent: 3                    Abstained: 0

    Commissioners Estrin, Kerosky and Meraz were absent. Commissioner Jones abstained as Chair.  

    The motion passed.

  3. Approval of the July 24, 2018 Draft Minutes – Jones
     
    Motion to approve the 6-26-18 Draft Minutes


    Motion:
    Commissioner Kalia              Ayes: 6               Noes: 0
    Second:
    Commissioner Bjorkquist     Absent: 3            Abstained: 0

    Commissioners Estrin, Kerosky and Meraz were absent. Commissioner Jones abstained as Chair.

    The motion passed.
  4. Openings & Appointments – Jones
    • Chair reported there being one opening each in the 1st , 2nd, 3rd Districts and two openings in the 4th District.
  5. Public Comment on Non-Agendized Items – Jones – 15 Minutes
    • Dave Henderson, Co-Chair of the recently formed Sonoma County Chapter of the ACLU in Healdsburg since December 2017, introduced himself to the Commission. He expressed support for the resolution presented by Homeless Action, and listed IOLERO, regulating drone use by law enforcement, and various state bills as focus items. He reported that there are 3 board members and 5200 new ACL members.
    • Members of Indivisible Petaluma asked for an update on the funding situation and lack of staff support affecting the Commission. In addition asked for clarification on the relationships between HR, CAO and the BOS and would like to be informed on when the budget item affecting Commission support comes up for review on the BOS agenda.
    • A 57 year old, self-identified transgender woman with disabilities recounted her story of becoming homeless after experiencing multiple hospital visits due to health issues and receiving a bill of over $50,000 for a five day hospital stay, while Medi-Cal paid only 20% of the costs. She spoke of the extreme difficulty finding housing and living a life of dignity with the current housing crisis within the County.
    • Scott Wagner informed the Commission that citizens are working on a use of force procedure for Sonoma County Sherriff’s Office with the change in leadership and are looking for a formal connection with the Commission for this project.
    • Merlin Davis stated that Commission work and actions need to counter what he perceives as a neoliberal narrative and that the government structure is in conflict with the work of the Commission. He urges stronger public support of the Commission.
    • Gerry LaLonde Berg with North Bay Organizing Project informed the Commission of the Climate Jobs and Justice march and rally in San Francisco on September 8th.
    • Father of Junior Commissioner Lucia Garay spoke of the importance of the Junior Commission in his daughter’s life, stating that he had witnessed an increase in tolerance, openness and strength with her participation. He expressed his concern for the program having enough support to continue.
  6. Regular Calendar – Jones
    1. Guest Speaker – Susan Verde, Cloverdale resident – Sapper
      Susan Verde of Cloverdale presented a report on challenges with accessibility at her residence, due to the 140’ of road between her home and the street being inaccessible and non ADA-compliant. She currently needs assistance to leave her home, which presents an extreme danger in the case of a natural disaster such as fire or flooding. There are also numerous potholes and in winter the road is not accessible with a walker or cane, let alone a wheelchair. In June of 2017 she began a discussion with City managers but has had no resolution with the city citing no available funding to rectify the situation. She cited a Title II violation and spoke of widespread issues for people with disabilities with ADA non-compliance, reduction of services, lack of funding and no watchdog groups. The disability community is vulnerable, 20% of the population needs ADA services, lack of access is discriminatory. She suggested a Disability Forum at a subsequent Commission meeting.

      Discussion points following the presentation included:
      • Smith: suggested possible Commission action of letters of concern to City of Cloverdale, Senator McGuire
      • Patterson: Inquired cost of project, which Ms. Verde reported is upwards of $1 million with drainage being the primary cost facto
      • Jones: Asked for recommendations for advocacy partners for this and other disability compliance issues
      • Sapper: Reported the current mayor of Cloverdale has been a positive advocate for Disability Rights but the term is ending. Discussed potential partnerships and opportunities for sponsorship from large construction companies like Ghilotti
      • Kalia: Suggested working with large scale contractors for consortium, donation of services, North Coast Builders Exchange, Home Aid.

      Public Comment on this item:

      Susan Lamont: wealth inequality is key in her view, states that discussion needs to not include a basic acceptance of the “no funding” argument regularly put forth by elected officials and government bodies.
    2. Update on Response to Encampments and Support for Shelters – Jones/Smith
      Kathleen Finigan of Homeless Action presented a Resolution to Relieve Human Rights Violations of Sonoma County’s Homeless People to the Commission and asked the Commission to adopt it. She cited additional concerns with what she defines as CDC’s policy of not properly advising homeless individuals with disabilities of their rights to request accommodations when offering shelter placements. She stated that many homeless individuals with disabilities are not aware that they must request accommodations in order for them to be provided and therefore turn down shelter placements which do not meet their needs.

      Discussion points included:
      • Kalia: Read letter from Margaret Van Vliet of the CDC asking the Commission to defer action on the resolution due to pending litigation between Homeless Action, the District Court, Sonoma County and the City of Santa Rosa.
      • Smith: Stated there is no precedent she is aware of for the Commission to defer action on issuing a statement on a human rights issue during pending litigation, citing the resolution on Deputy Erick Gelhaus during litigation of the Andy Lopez case.
      • Jones: Suggests running the resolution by County Counsel for an opinion on issuing resolutions during litigation.

        Motion to extend time 10 minutes

        Motion:
        Commissioner Kalia               Ayes: 6      Noes: 0
        Second:
        Commissioner Smith             Absent: 3   Abstained: 1

        Commissioner Jones abstained as Chair.

        The motion passed.
      • Smith: Urged the Commission to push forward with discussion and vote on the resolution and reinforced the human rights issues in alignment with CHR mission.
      • Ross: Agrees with Jones to check with County Counsel
      • Kalia: advises due diligence but cautions against “watering down” resolution verbiage.
      • Bjorkquist: Suggests reviewing “homeless service provider” clause
      • Smith: Urges CHR to maintain spirit and intention of the resolution 
      • Kalia: Suggests meeting with CDC
      • Jones: Suggests tabling a possible motion and vote for August meeting
      • Bjorkquist: Cites problems with shelters and transgender issues intersect widely with  homelessness within the county.

      Public Comment on this item: 
      • Scott Wagner
      • Susan Lamont 
      • Kathleen Finigan
      • Merlin Davis

      Summary points:

      Urged Commission to act prudently and quickly as over 2,000 people are currently homeless. Urged independence from CDC and County Counsel. This is a safety and public health issue. Law enforcement is continuing activity even during litigation via citations for trespassing, loitering, etc. They have a sense
      that HOST is acting as an arm of law enforcement and who is being arrested is politicized. Cited ACLU support of the resolution. Homeless Action is monitoring the $12 million in funding coming to the CDC from the state.
    3. September Commission Meeting in Guerneville – Jones
      The September meeting will be a joint effort with IOLERO and will be held at the Timberline in Guerneville. IOLERO Director Jerry Threet, Supervisor Lynda Hopkins and Sheriff Mark Essick to be invited.
    4. Change in Administrative Support of the Commission – Jones, Staff
      Jones reported back on meeting with Jones, Sapper, Smith and Human Resources. Overview of asks for Commission needs, the importance of having a government umbrella for the work of the Commission and the push to find another department which could support the Commission’s need for staff support for programs and particularly the Junior Commission.
      Discussion points included:
      • Sapper: Expressed the importance of keeping the pressure up and insuring that work and programs can continue uninterrupted. 
      • Kalia: Suggested exploring Human Services and the Office of Community Engagement as possible homes for the Commission.
      • Bjorkquist: Expressed the human rights aspect of housing issues post fires such as rent gouging, evictions, discrimination in renting and the important role of the Commission’s assistance.
      • Smith: Mentioned the importance of reaching out to the BOS and reported that Supervisors Gorin, Gore and Rabbit had replied directly with support for the Commission. Asked Commissioners to report additional communication with Supervisors. 
      • Sapper: The Commission will need more public support
      • Patterson: asked how the county could provide more assistance

      Public Comment on this item: 
      • Scott Wagner 
      • Susan Lamont 
      • Kathleen Finigan 
      • Merlin Davis 
      • Unidentified members of the public
    5. Review and Recommendations on Sonoma County Sheriff’s Office Procedural
      Manual
      – Smith
      Commissioner Smith will re-send the SCSO policy manual to Commissioners for review and possible recommendations to be made to IOLERO for their review process regarding use of force. 
    6. Administrative Report – Jones, Staff
      Nothing to report
  7. Ad Hoc, Liaison, Project Updates – All – When Applicable – 15 Minutes
    1. Ad Hoc Committees 
      • Immigrants’ Rights – Cervantes, Estrin, Kerosky, Meraz, Rodriguez – nothing to report
      • LGBTQI – Jones, Meraz – Tabled at Pride festival in Santa Rosa
      • Outreach – Estrin, Kalia, Ross, Sapper – Shirts have been ordered
      • People with Disabilities – Sapper – Working with a 4th District constituent at the request of that office
    2. Liaisons & Projects
      • Homeless liaison – Bjorkquist, Kalia – Presentation covered topic
      • Independent Office of Law Enforcement & Outreach liaison – Cervantes, Meraz – Report sent electronically to Commissioners
      • Junior Commissioner Project – Smith, Rodriguez – Reported out on graduation and incoming needs
      • Legislative Affairs liaison – Patterson – Announced that his last meeting would be in July as he is relocating to Wisconsin
      • Sonoma County Racial Justice liaison – Smith – Retooling legislation for SB75
  8. Commissioner Announcements/Communications with Supervisors/Tabling Opportunities – All - 5 Minutes
    • Jones suggested revisiting the idea of a regular Commission newsletter.
  9. Additional Agenda Items for Next Commission Meeting - Jones
    None were requested
  10. Adjournment

    Meeting adjourned by the Chair at 8.30PM.
    Respectfully submitted,

    Dmitra Smith, Vice Chair