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HomeMy WebLinkAbout10-25-2023 Ad Hoc Truth and Reconciliation CommissionAd Hoc Truth and Reconciliation Commission Wednesday, October 25, 2023 Special Meeting 5 PM — Iowa City Senior Center Assembly Room 28 S. Linn Street In person only AGENDA: CALL TO ORDER 2. READING OF NATIVE AMERICAN LAND ACKNOWLEDGEMENT 3. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA COMMISSIONERS SHALL NOT ENGAGE IN DISCUSSION WITH THE PUBLIC CONCERNING SAID ITEMS. 4. CONSIDER RECOMMENDATION TO REMOVE AD HOC TRUTH & RECONCILIATION COMMISSIONER MEMBER DUE TO SIX CONSECUTIVE ABSENSES 5. WELCOME AND GROUNDING (NATIVE PARTNERS) 6. SESSION #1 - TRC + RESOLUTION (THINK PEACE) 7. BREAK 8. REFLECTIONS 9. SESSION #2 — DEEPER DIVE INTO PUBLIC HEARINGS (THINK PEACE) 10. BREAK 11. CLOSING REFLECTIONS (HEALING PARTNERS) 12. ADJOURNMENT Individuals with disabilities are encouraged to attend all City of Iowa City -sponsored events. If you are a person with a disability who requires a reasonable accommodation in order to participate in these events, please contact the Office of Equity and Human Rights at 319-356- 5022 or humanrights(a)..iowa-citv.org. Agenda Item #2 Native American Land Acknowledgement Prepared for the City of Iowa City's Ad Hoc Truth and Reconciliation Commission and Human Rights Commission PURPOSE Iowa City owes its existence to the many Indigenous Peoples who were the original stewards of this land and who were subjected to manipulation and violence by non-native settlers, invaders, and governments in order to make this moment possible. Acknowledgement of this truth is central to our work toward reconciliation across all barriers of difference and injustice. Starting with a Native American Land Acknowledgement, this Commission will bear witness to the legacies of violent displacement, migration, and settlement that have marginalized those who were the first inhabitants of this land. We must also address the mistreatment and exclusion that Native Americans continue to face today. The Ad Hoc Truth and Reconciliation Commission and the Human Rights Commission encourage the community and City of Iowa City to join us in these efforts through the use of a Native American Land Acknowledgement. LAND ACKNOWLEDGEMENT To be read at all public meetings and events: "We meet today in the community of Iowa City, which now occupies the homelands of Native American Nations to whom we owe our commitment and dedication. The area of Iowa City was within the homelands of the Iowa, Meskwaki, and Sauk, and because history is complex and time goes far back beyond memory, we also acknowledge the ancient connections of many other Indigenous Peoples here. The history of broken treaties and forced removal that dispossessed Indigenous Peoples of their homelands was and is an act of colonization and genocide that we can not erase. We implore the Iowa City community to commit to understanding and addressing these injustices as we work toward equity, restoration, and reparations." LEARN MORE Native Governance Center Guide to Indigenous Land Acknowledgement US Department of Arts and Culture: Honor Native Land Virtual Resources and Guide Meskwaki Nation - History Special thanks to the University of Iowa Native American Council for their work and guidance, as well as members of the public, for their input. Agenda Item # 4 (e, n Prepared by: Susan Dulek, First Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 Resolution No. 23-278 Resolution adopting the by-laws of the Ad Hoc Truth and Reconciliation Commission. Whereas, City Council established the Ad Hoc Truth and Reconciliation Commission (aka, TRC) in Resolution No. 20-228; and Whereas, the TRC approved a set of the by-laws at its meeting on September 7, 2023, but board and commission by-laws are not effective until approved by the City Council; and Whereas, the Council Rules Committee recommends adoption of the by-laws approved by the TRC with amendments. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that The attached By -Laws of the Ad Hoc Truth and Reconciliation Commission are approved. Passed and approved this 3rd day of October, 2023. M Approved by- Attest:✓1••� L City Clerk City Attorneo Office (Sue Dulek - 09/28/2023) It was moved by Taylor and seconded by Alter adopted, and upon roll call there were: Ayes: Nays: Absent: R Alter % Bergus x Dunn x Harmsen �- Taylor X Teague x Thomas the Resolution be BY-LAWS OFTHE AD HOC TRUTH AND RECONCILIATION COMMISSION ARTICLE 1 THE COMMISSION Section A. The name of this organization is the Ad Hoc Truth and Reconciliation Commission ("TRC" or "Commission"), referred to in these By -Laws as the Commission. The Commission is authorized by the City Council Resolution Number 20-228, effective date September 15, 2020. ARTICLE 2 PURPOSE Section A. As stated in Resolution No. 20-228. Section B. The purpose of the Commission is to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for deciding and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter Movement. ARTICLE 3 CHARGES Section A. Charges of the Commission, and as stated in Resolution No. 20-228, shall include: 1) fact-finding — the TRC shall collect evidence of discrimination and racial injustice in multiple settings and compile a complete record of racial injustices that will inform and support the fundamental institutional and policy reforms necessary to address systemic racism; 2) truth - telling — the TRC shall provide multiple fora and creative opportunities for persons impacted and traumatized by racial injustice to share their stories of racial injustice and experience to be heard by the community including but not limited to city government; 3) Reconciliation —the TRC shall provide opportunity for and facilitate direct conversation among and between community members of color, white community members and representatives of various sectors in which people of color experience discrimination and injustice. ARTICLE 4 MEMBERSHIP Section A. The Commission shall consist of nine (9) members, appointed by vote of the City Council who are representative of the City's BIPOC communities and organizations, including those who have direct lived experience with systemic racism, as well as experts who support those communities. Johnson County residency is required. Iowa City residency is preferred but not required if an applicant offers expertise or representation not available from applicants who reside in Iowa City. Members of other City boards and commissions are eligible to serve on the TRC. Section B. Members shall serve through December 31, 2024. Section C. Orientation for members, including functions, duties, and responsibilities, shall be conducted by the staff assigned to the Commission. Section D. Commissioners are expected to attend all regularly scheduled meetings. The Chairperson or staff shall be notified of an absence prior to any meeting. Section E. Three (3) consecutive, unexplained absences of a member from regular meetings can result in a recommendation to the City Council from the Commission to discharge said member and appoint a new member. Section F. Six (6) consecutive absences of a member from regular meetings can result in a recommendation from the Commission to said member to examine its membership and, if necessary to resign his or her position. ARTICLE 5OFFICERS Section A. The Commission shall have two (2) officers: Chairperson and Vice Chairperson. Section B. Officers shall perform the duties set forth in these by-laws. Section C. The Chairperson and Vice -Chairperson shall be elected from the Commission's membership. Section D. Chairperson. The Chairperson, when present, shall preside at all meetings of the Commission, and include among functions to: appoint committees, represent the commission before City institutions and the community, coordinate with the facilitators, and in general, perform all duties incident to the office of the Chairperson and such other duties as may be prescribed by the members from time to time. Section E. Vice -Chairperson. Inthe absence ofthe Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE 6 MEETINGS The commission has the following types of meetings: regular meetings, special meetings, and work sessions. Section A. Regular meetings are opportunities to take action on agenda items, receive public comment, discuss issues, receive updates from staff, and receive member communication. At least one (1) regular meeting shall be held each month. Section B. Special meetings are meetings called to act when special circumstances require urgent action, or to focus on a specific topic. The Chairperson, Vice Chairperson, or any three (3) Commissioners may call a special meeting. Section C. Work sessions are meetings designed to discuss TRC matters in an informal manner, allowing interaction between members of the public and Commissioners. Work sessions do not culminate in action at that meeting. Actions or recommendations should be taken at either the next regular meeting or at another publicly announced date and time. Section D. Meetings shall be held in an accessible, public meeting place. Notices of meetings (agenda) for all regular and special meetings shall be posted and distributed to members and the media at least 24 hours before any meeting is held. All provisions of the State Open Meeting Law shall be followed. The Chairperson or a designated representative, shall prepare an agenda for all meetings, provided Commissioner suggestions are considered. Three (3) Commission members may have an item included on the agenda. Section E. A quorum shall consist of five (5) Commissioners. A majority of present and voting members shall be necessary to pass a motion. The Chairperson shall vote as a member. Section F. No formal action shall be taken on items not on the agenda. Section G. The rules in the current edition of Robert's Rules of Order Newly Revised shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Commission may adopt. Section H. Time shall be made available during all regular meetings for public comment on items not on the agenda. Commentators shall address the Commission for no more than 5 minutes. Commissioners shall not engage in discussion with the public concerning said items. Section I. Time shall be made available during all regular meetings for Commissioner reports of items not on the agenda. Commissioners shall not engage in discussion with one another concerning said reports. Section J. The Commission's designee shall record all activities and statements made at Commission meetings, hereafter known as minutes of the meeting. All Commission records shall be public except those excluded pursuant to Iowa Code, Chapter 22. ARTICLE 7 SUBCOMMITTEES Section A. Formation of subcommittees shall be by majority vote of the Commission in whatever subject area, or whatever number of committees, is deemed necessary. The subcommittee(s) shall consist of no more than four members. ARTICLE 8 AMENDMENTS Section A. The By -Laws can be amended at any regular Commission meeting by a majority vote, provided that the amendment has been submitted in writing to the Commission three (3) days prior to the meeting at which it is to be acted upon and such amendment is not in conflict with the Resolution No. 20-228. Prepared by: Council members Janice Weiner and Laura Bergus I Resolution No. 20-228 Agenda Item #6 Resolution establishing Ad Hoc Truth and Reconciliation Commission Whereas, in Resolution No. 20-159 (Initial Commitments addressing the Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by the Minneapolis Police and calls for action from protesters and residents), the Iowa City City Council resolved as follows: By October 1, 2020, create an ad hoc Truth and Reconciliation Commission to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement; and, Whereas, the City Council committed to allocate City funds of $1,000,000 during the present Fiscal Year to support Resolution 20-159, which includes a variety of initiatives, among them the Truth and Reconciliation Commission; and, Whereas, truth and reconciliation underscores the imperative that confronting and reckoning with the past is necessary for successful transitions from conflict, injustice, resentment and tension to peace, equality and connectedness; and, Whereas, while we acknowledge that other forms of injustice and challenges have occurred over the course of the history of the city of Iowa City, the focus of this Commission is on race; and, Whereas, the City Council acknowledges the existence of painful, systemic, persistent, and varied forms of racial injustice in Iowa City, and acknowledges that such injustice persists despite past efforts to address it, consistent with observations that systemic racism and white privilege are deeply resistant to change; and, Whereas, the Iowa City community must look comprehensively into its past and bear witness to the truth of racial injustice in order to provide the best possible foundation for moving into a future of equity based on healing and hope; and, Whereas, the City Council recognizes that, for a Truth and Reconciliation process to be meaningful, it must include bold action to confront privilege, stimulate difficult conversations, and reach and engage a full cross-section of the community, including those in the community not inclined to engage or resistant to engagement; and, Whereas, a comprehensive process will require that City of Iowa City departments and the City Council itself participate, including individual councilors, in good faith, in the process and to actively encourage broad participation throughout the community, and the City Council hereby commits to such participation and encouragement; and, Whereas, creation of an Ad Hoc Truth and Reconciliation Commission is in the best interests of the City and its residents. Now, Therefore, Be It Resolved by the City Council of the City of Iowa City, that: 1. The Ad Hoc Truth and Reconciliation Commission (TRC) is hereby established Resolution No. 20-228 Page 2 2. The TRC shall have nine members who are representative of the City's BIPOC communities and organizations, including those who have direct lived experience with systemic racism, as well as experts who support those communities. To the extent possible, as determined by the City Council, the TRC shall include representation from groups such as the Iowa Freedom Riders, the Black Voices Project, the South District Neighborhood Association, the Iowa City Human Rights Commission, and the Community Police Review Board. Johnson County residency is required. Iowa City residency is preferred but not required if an applicant offers expertise or representation not available from applicants who reside in Iowa City. Members of other City boards and commissions are eligible to serve on the TRC. 3. Applications for membership on the TRC shall be announced, advertised, and available in the same manner as those for all City boards and commissions. 4. The TRC shall select the Chair, who when present will preside over all meetings, and the Vice -Chair, who will serve as chair in the absence of the Chair. 5. Within the charges of the TRC set forth herein, the TRC is not required to seek approval from the City Council, mayor, or city manager to set its own agenda and prioritize its activities. 6. The TRC shall be facilitated by an independent consultant, funded by the City, with expertise in group facilitation and human rights, and to the extent possible, experience with diversity, implicit bias, mediation and conflict resolution, until such time as the TRC concludes by the favorable vote of at least three -fourths of all the members of the TRC (7/9) that facilitation is no longer needed. 7. To conform with the requirements of laws pertaining to open meetings and public records and to facilitate transparency and public education and participation, administrative/clerical assistance and media/event assistance shall be provided by City staff as determined by the City Manager and City Clerk. Media assistance may be supplemented by outside expertise on a case -by -case basis if the Commission believes it will substantially expand outreach. 8. The TRC shall determine the frequency and conduct of its meetings. The meetings will be open to the public and conducted in accordance with Chapter 21 of the Iowa Code. Records, documentation, and communications of the TRC will be public records under Chapter 22 of the Iowa Code. The TRC shall serve from the date of appointment of all members to June 30, 2022. The TRC shall have an organizational meeting no later than 30 days after the appointment of all members. 10. Within 90 days of its organizational meeting, the TRC shall recommend to City Council a preliminary budget for funds needed to carry out the charges of the TRC beyond what existing City staff, programs, and services can provide. 11. The charges of the TRC are as follows: A. Fact -Finding The TRC shall collect evidence, including first-hand testimony, of discrimination and racial injustice in multiple settings and compile a complete record of racial injustices that will inform and support the fundamental institutional and policy reforms necessary to address systemic racism. Resolution No. 20-228 Page 3 B. Truth -Telling The TRC shall: 1) Provide multiple fora and creative opportunities for persons impacted and traumatized by racial injustice to share their stories of racial injustice and experience to be heard by: (a) fellow communities of color; (b) a broad cross section of the entire Iowa City community; and (c) key decision - makers in city government, the business community and the University; 2) Explore ways to provide such opportunities through art, music, theater, workshops, rallies and other forms of congregation, multimedia and listening designed to reveal truths that cannot be fully expressed in traditional fora; and, 3) Create a repository for community stories expressed in multiple media (written, video, audio, art) that can be catalogued and used to educate and inform members of the community. C. Reconciliation The TRC shall: 1) Provide opportunity for and facilitate direct conversation among and between community members of color, white community members and representatives of various sectors in which people of color experience discrimination and injustice (e.g. police and protesters, landlords and tenants, students and teachers, patients and health care providers, business owners and staff); 2) Create a replicable model that provides a structure for enabling these conversations throughout the city; 3) Make available opportunities for a broad cross section of the community to learn about discrimination and racial injustice in our community; and, 4) Identify and recommend to the City Council institutional and policy reforms, new social practices, expectations, protocols, habits, rituals, conversations and celebrations that will move Iowa City toward a shared experience of race and difference, justice and equity and community and harmony. 12. The TRC shall strive to provide a safe and supportive space for its work, premised on mutual respect, and shall conduct its work so as to promote healing and justice. The TRC shall consider the possibility of adverse actions against those who participate in its work. The TRC shall carefully consider mechanisms to protect participants, and shall work to support those who allege harm due to their participation in the TRC process. 13. The TRC shall submit periodic updates to City Council to include, but not be limited to: its plans for community education; recommendations for Council action; requests for resources the TRC needs to carry out its work; and recommendations to dedicate and/or rename public spaces and/or rights of way in honor of the Black Lives Matter movement. 14. By May 1, 2022 the TRC shall submit to City Council: A. A report summarizing the work of the TRC. B. A repository of community stories expressed in multiple media (written, video, audio, art). C. Recommendations to the City Council for: 1) Institutional and policy reforms to end systemic racism; 2) Opportunities to create new social practices, expectations, protocols, habits, rituals and celebrations that will move Iowa City toward a shared experience of race and difference, justice and equity and community and harmony; 3) Measures to enhance the autonomy/security/sovereignty of communities of color and mitigate disparities in social and economic power; and 4) A recommendation on whether and in what form the work of the Commission should continue. 15. At any time in its work, and no later than June 30, 2022, the TRC shall strive to submit to City Council a replicable model and structure for conversations between people of color Resolution No. 20-228 Page 4 and white community members and representatives of various sectors in which people of color experience discrimination and injustice. 16. Absent further action by the City Council, the TRC will dissolve on June 30, 2022. Passed and approved this 15 day of September, 2020. ted by W 4.() City Attorney's Office — 09/10/2020 The following documents were handed out during the meeting. 1poif ublic hearing a truth and TRC of Iowa City 1 reconciliation 5-26 opt Zoe � 4--'COI'1'1MI SIO Jr Key AND RECO� ,UTATION COMMISSION -- objectives of HEALING OUR PAST F.IRSF hili^EASTLON ��5-18 apill �9�fi a truth events of importance ' Protect the rights .. of persons who x were harmed ontrihute to positive r .■ �I - ow do they i, 'r**I � apursue these ti h k r Researching, interviewing individuals, compiling information, writing a report. Listening to persons who were harmed of public and closed -doors wor Truth commissions used to *. work fully behind closed doors (reasons of safety and care •�,, for crucial information) r� ! These reasons have not stopped; some aspects still require confidentiality ;south African TRC: the first 4 importanc e of public PAGtE9443i Cc the secured ut the support of communities Providing information, testimony, sharing experiences Giving orientation to the TRC Amplifying the message of a TRC activities by a truth Educational outreach (dissemination of information on the TRC and its task) Media strategy (to ensure 0 accurate knowledge and informed discussions) Public hearings {to honor Public hearings •types Hearings for institutions Hearings for persons who were harmed, focused on cases (Victim hearings, survivor hearings, public statement events".) Hearings for persons who caused harm I Ilk _LX' lLt Public hearings for To engage in dialogue with institutions placed at the center of the mandate of the TRC. If mandate of TRC entails the areas of education, policing, housing, health care... LA urposes of a 'pubirichearing r Provide a respectful and safe platform to honor !. persons and communities - who were harmed Create opportunities for constructive engagement i,'� and dialogue from the public Learning about personal perspectives regarding VI Supporting participants The approach to a hearing should be survivor -centered: (ensure support for rights and well being of survivors, co -creating the hearing with them) Providing community and psychosocial support Ensuring appropriate :ection and avoiding i Ensuring follow up the 1.rO11 Missio ners I s OMWOr vi ors often act as empathetic witnesses (not prosecutors, or interrogators, or statement givers) It may not be an opportunity for policy dialogue (a rnlp #nr in¢titntinnAl The TRC must invite participants if their testimony is safe to be provided in public (otherwise, it can be treated in confidential interviews) Examples of issues requiring confidentiality Specific accusations against individuals, with legal consequences Farms of harm that warn atinmafi7inn Some examples of hearings South Africa https:llwww.► 26s Brazil httos:llwww. Colombia . utube.com/watch?v=vTnY5SQYAro&t= utube.comlwatch?v=xT5wHIRls =604 D .. _ _ M .