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HomeMy WebLinkAboutBy-LawsPrepared by: Stefanie Bowers, Equity Director, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5022 Resolution No. 21-299 Resolution Extending the Timeframe for the Ad Hoc Truth and Reconciliation Commission to Complete its Charge Whereas, the City Council passed Resolution 20-228 at its September 16, 2020 meeting to establish theAd Hoc Truth and Reconciliation Commission; and Whereas, Resolution 20-228 established the 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 (the resolution of initial City Council commitments addressing the Black Lives Matter movement and systemic racism), which includes a variety of initiatives, among them the Truth and Reconciliation Commission; and Whereas, the Resolution 20-228 stated the Ad Hoc Truth and Reconciliation Commission members shall serve from the date of appointment of all members to June 30, 2022; and Whereas, the charge of the Ad Hoc Truth and Reconciliation Commission is to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through collection of testimony and public hearings; and Whereas, in order to provide the best possible foundation for moving forward on a future based on equity, the original end date is impractical; and Whereas, at its November 18, 2021 meeting by a majority, the Ad Hoc Truth and Reconciliation Commission vote recommended an extension through June 2023 to the City Council. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that; 1. The timeframe for the Ad Hoc Truth and Reconciliation Commission to complete its charges and other work be extended through June 2023. Passed and approved this 14th day of Attest: Lt-�- City Clerk It was moved by Weiner adopted, and upon roll call there were: Ayes: December ' 2021. Ma or Approved by City Attar y's Office—12/08/2021 and seconded by Bergus the Resolution be Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner t,6 Prepared by: Stefanie Bowers, Human Rights Coordinator, Office of Equity & Human Rights, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5022. Resolution No. 21-143 Resolution Adopting the Ad Hoc Truth and Reconciliation Commission Bylaws Whereas, the City Council established the Ad Hoc Truth and Reconciliation Commission on September 15, 2020 in Resolution No. 20-228; and Whereas, Resolution No. 20-228 provided that Ad Hoc Truth and Reconciliation Commission was to 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, and records, documentation, and communications will be public records under Chapter 22 of the Iowa Code; and Whereas, the Ad Hoc Truth and Reconciliation Commission created and approved its by-laws at its meeting date of May 13, 2021; and Whereas, the Iowa City Rules Committee reviewed the attached by-laws at a May 24, 2021 meeting and recommended approval to the City Council. Now, therefore, be it resolved that the City Council of the City of Iowa City hereby adopts the by-laws for the Ad Hoc Truth and Reconciliation Commission attached hereto. Passed and approved this 1st day of June '} 1 Attest: 0,V#' City Clerk It was moved by Thomas and upon roll call there were: Ayes: M or Approved by 2021 City Attorney's Office - 05/24/2021 and seconded by Taylor the Resolution be adopted, Nays: Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner Ad Hoc Truth and Reconciliation Commission By -Laws Notice of meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings unless such notice is impossible or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news media shall be notified by staff. Commission meetings shall be public except where provided in the Iowa Code. 2) Meetings 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. 3) Special Meetings Special meetings may be called by the Chairperson or Vice Chairperson at the request of three or more members of the commission. At least one (1) full day's written notice of the meeting place, time and agenda shall be given to each member and the media. 4) Agenda At regular and special meetings only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non -agenda items. A commissioner must notify staff and Chair/Vice Chair when submitting a request for an item to be on the agenda. All commissioners will be given reason in writing if a request to submit an item to the agenda is denied. 5) Public Discussions Time shall be made available during all meetings for open public discussion. The TRC values public input and wants everybody to have a chance to speak their thoughts, but there needs to be specific times allocated for when someone can make a comment. Times for public discussion during meetings going forward are as follows: -5 mins max per public comment pertaining to items not on the agenda. -5 mins max per public comment pertaining to items on the agenda. Public comments will be made before the commission discusses said agenda item. (Vice Chair will keep track of time and notify Chair when someone is close to the allotted time provided to give comment) 6) Motions Motions may be made or seconded by any member of the commission, including the Chairperson but all commission discussion must be completed before the commission may vote or pass a motion. Staff will keep track of motion and will roll call and tally votes. 7) Voting A majority vote is required for adoption of any motion. Voting will be by roll call. Every member of the commission, including the Chair, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. 8) Absences The Commission may recommend to the City Council that they [Council] discharge any member who: (1) is absent from three consecutive regular or special meetings without excuse as determined by the Commission on a case by case basis; or (2) is absent from six consecutive regular or special meetings whether excused or unexcused. 9) Quorum 5 members of the (9 member) commission shall constitute a quorum at any meeting. 10) Resignations Resignations shall be submitted in writing to designated staff with a copy sent to the CityCouncil and the Commission at least 14 days prior to the date of the intended departure. 11) �ta��ot�-Erz2ificc� Subcommittees of the TRC are decided and voted on by commission members. The function of the committees shall be to make investigations, conduct studies and hearings, inform the commission of public findings and help make recommendations to the City Council. Subcommittee members must decide on how often they will meet and what roles each member will play (these roles should be sent to the Staff, Chair & Vice Chair). Subcommittees will select a member to have the role of briefing the entire TRC of subcommittee activities and discussion during public meetings. Once committee action has been approved by council, it shall be incumbent upon the committee "chair" or the individual they designate as being familiar enough with the issue to give testimony or give a presentation before civic and/or government agencies. The TRC may create or dissolve subcommittees as needed. 12) Amendments These bylaws may be amended when necessary by majority vote (at least 5). Proposed amendments must be sent to staff to forward to all members of the commission and/or add to the following meeting agenda. Prepared by: Council members Janice Weiner and Laura Bergus Resolution No. 20-228 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 andlor 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. 9. 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. Ma ATTEST: CITY OCER tked by �.( City Attorney's Office — 09/10/2020 Resolution No. 20-228 Page 5 It was moved by Thomas and seconded by Salih the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bergus x _ Mims x Salih x Taylor x Teague x Thomas x Weiner