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HomeMy WebLinkAboutTRC 2 18 2021AD HOC TRUTH AND RECONCILIATION COMMISSION THURSDAY, FEBRUARY 18, 2021 Electronic Formal Meeting -7:00 PM ZOOM MEETING PLATFORM Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by going to https://zoom.us/meeting/register/tJEqdeyopzIsHNxAjPWbQvyQC8Emd4U9VPeovia the internet to visit the Zoom meeting's registration page and submit the required information. Once approved, you will receive an email message with a link to join the meeting. If you are asked for a meeting or webinar ID, enter the ID number found in the email. A meeting password may also be included in the email. Enter the password when prompted. If you have no computer or smartphone, or a computer without a microphone, you may call in by telephone by dialing (312) 626-6799. When prompted, enter the meeting or webinar ID. The ID number for this meeting is: 957 2509 9668. Once connected, you may dial *9 to "raise your hand," letting the meeting host know you would like to speak. Providing comments in person is not an option. AGENDA: 1.CALL TO ORDER and ROLL CALL 2.APPROVAL OF FEBRUARY 4, 2021 MEETING MINUTES 3.PUBLIC COMMENT OF ITEMS NOT ON THE AGENDACommentators shall address the Commission for no more than 5 minutes. The Commission shall not engage in discussion with the public concerning said items. 4.MEETING ETIQUETTE a.MEETING EXPECTATIONS b.MEETING FORMALITIESc.FACILITATION OF GROUP DISCUSSIONS ON AGENDA ITEMS d.MOVING FORWARD WITH A ROUNDTABLE APPROACH 5.FACILITATOR UPDATE 6.DEFERMENT OF NEWS RELEASE ON RECENT JOHNSON COUNTY COURT DECISIONS AD HOC TRUTH AND RECONCILIATION COMMISSION FEBRUARY 18, 2021 MEETING PACKET CONTENTS AGENDA ITEM #2 •DRAFT MINUTES FROM FEBRUARY 4, 2021 AGENDA ITEM #7 •EMAIL FROM JOHN ENGELBRECHT: DISMANTLING WHITE SUPREMACY ANDUPLIFTING BLACK LIVES IN A MURAL – LEND YOUR VOICE TO THE ORACLES •RESOLUTION OVERVIEW •TERMS RELATED TO RACIAL JUSTICE 1 PRELIMINARY MINUTES AD HOC TRUTH AND RECONCILIATION COMMISSION FEBRUARY 4, 2021 ELECTRONIC MEETING (Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting was held because a meeting in person was impossible or impractical due to concerns for the health and safety of commission members, staff and the public presented by COVID-19. MEMBERS PRESENT: ANTHONY CURRIN, AMEL ALI, RANEEM HAMAD, T’SHAILYN HARRINGTON, ERIC HARRIS, LAYANA NAVARRE-JACKSON, ROYCEANN PORTER, KEVIN JOHN RIVERA, MOHAMED TRAORE. STAFF PRESENT: STEFANIE BOWERS. PUBLIC COMMENTS: NICHOLAS THEISEN, AARON PAGE. MEETING CALLED TO ORDER: 7:06 PM APPROVAL OF JANUARY 21, 2021: Motion by Ali, seconded by Currin. Motion passed 9-0. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: Nicholas Theisen spoke on the lack of accessibility in registering for the Truth and Reconciliation (TRC) meetings and asked for a link to be set up on their page similar to how the City Council’s web page is designed. He also asked why the TRC is not centering their conversations to include victims of violence. Specifically, making sure that victims are being made whole versus public officials. Aaron Page also mentioned the difficulties in accessing the registration site for meetings and noted a letter sent in by members of the community that serve on a working human rights group who wish to assist the TRC in working through their charge. MEETING ETIQUETTE: Etiquette Officer Traore shared the expectations for the meetings in terms of rules to follow, 1) Commissioners shall refer to one another by their titles, 2) Commissioners shall state their names prior to speaking, 3) Commissioners shall yield the floor when done speaking and, 4) Commissioners shall be respectful to one another and to the community during their meetings. MISSION STATEMENT: The discussion centered around whether the mission statement should be an “elevator pitch” or a more expansive statement and also whether the TRC should go with the original statement from the meeting of 1/7/2021 or a more combined statement with the additions submitted by Hamad. The discussion included consideration of adding the below to the original mission statement. “The Commission was formed with an acknowledgement by the City Council of the existence of painful [and] systemic racial injustice in Iowa City society and the fact that “past efforts to address” this injustice have been insufficient.” 2 The TRC also had a discussion on whether the term “white privilege” and “youth” in the version submitted by Hamad could be seen as divisive and whether the Iowa Freedom Riders (IFR) should be included in the mission statement. A proposal was made to add some of the wording from the mission statement proposed by Hamad to the original mission statement so that it would read as below. WHO ARE WE? Our Commission represents a collection of citizen activists from diverse backgrounds calling on the Iowa City community to account for their history of racialized oppression. We are individuals who are committed to structural change, truth telling, healing trauma and repair. We share in common a vision for an equitable and sustainable community free of violence and systemic racism. We believe the time has come to foster change. OUR MISSION The Iowa City Ad Hoc Truth and Reconciliation Commission is committed to implementing and sustaining grassroots, community-centered truth-telling processes to address past and present instances of both direct and indirect actions of violence, discrimination, and racism in Iowa City. We will collect testimony from a variety of institutions including but not limited to schools, housing providers, government officials, health care, banking institutions, and law enforcement. The Commission will: a) fund and organize a robust fact-finding process to establish a factual record on racial discrimination and white privilege in the history and present operation of Iowa City society and institutions: b) host safe, respectful, community-centered forums for affected individuals to tell the truth of their experiences of racial injustice in Iowa City, and c) facilitate creative opportunities for all Iowa City resident to come together to communicate and collaborate in ways that are capable of building trust and reconciliation while respecting the truth and experiences of racial injustice. Harrington motioned to accept the original mission statement of 1/7/2021, it was seconded by Harris. Motion passed 7-2 (Hamad, Rivera in the negative). DISCUSSION/SELECTION OF A FACILITATOR: Ali moved to select a facilitator using the list of names contained in their packet: Annie Tucker, Jesse Case, Eduardo Gonzalez, Frederick Newell, and Hamza Omar, the motion was seconded by Currin. Motion passed 9-0. Hamad moved to nominate Hamza Omar in the role of facilitator. Motion failed (no second). Commissioners discussed the qualifications of Frederick Newell, Jesse Case, Annie Tucker, and Hamza Omar. Motion by Ali to nominate Jesse Case, if final two in the finalist, seconded by Harrington. Staff asked for clarification on the motion and asked Commissioners to recast their vote. The motion failed 1-8 (Currin in support). There was a brief discussion on whether there should be two facilitators to create a broader reach in the community. A motion to vote for the facilitator at this meeting was made by Traore, seconded by Currin. Motion passed 8-1 (Hamad in the negative). A motion to select Annie Tucker as the facilitator was made by Traore and seconded by Navarre-Jackson. The motion failed 0-9. 3 Ali moved and it was seconded by Currin to select Jesse Case as the facilitator for the TRC. The motion passed 8-1 (Hamad in the negative). RECENT LOCAL COURT DECISIONS AND THE IMPACT ON THE BLACK COMMUNITY IN JOHNSON COUNTY NEWS RELEASE: Traore mentioned recent posts on a Twitter account that was based upon the TRC’s discussion on this topic at its meeting of 1/21/21 and asked for participants to the meeting to speak if they had anything to say under this topic. There was also a discussion on inviting victims to TCR’s meeting to discuss the good and bad history of Iowa City and how the TRC will encourage victims to come forward to speak. It was also noted that a discussion should be held on transformative justice and how to make these meetings a safe space along with the totality of all the injustices throughout Iowa City history. DEFINITION OF TERMS RELATED TO RACIAL JUSTICE: Commissioners reviewed the list of accepted definitions. They were also asked what transformative justice means to them. Staff injected that some of these questions may be better discussed once the facilitator is working with the group. COMMISSION ANNOUNCEMENT: Harrington, spoke on the United Way of Eastern Iowa and the University of Iowa having themed discussion on building equity within systems. Ali discussed options of televising TRC meetings. Currin noted for the Commission to keep things moving at the meetings. Traore has started to collect crime statistics and asked the public to let the TRC know if they were other areas, they would like to see statistics from. Porter mentioned a TRC webinar that she and Harrington participated in that discussed TRC processes in the United States. Porter also stood with the University of Iowa College of Dentistry students on 1/29/2021 in solidarity. STAFF ANNOUCEMENTS: Staff will contact the City Clerk to display the TRC registration links in the same manner as Council on its site on the City’s webpage. Staff also reminded Commissioners and the community to use the City’s subscriber list to receive notice of the agenda and packets. MOTION TO ADJOURN: 9-0. MEETING ADJOURNED AT 9:38 PM. AD HOC TRUTH & RECONCILIATION COMMISSION ATTENDANCE RECORD YEAR 2021 (Meeting Date) NAME TERM EXP. 12/21/20 1/7/21 1/21/21 2/4/21 2/18/21 3/4/21 3/18/21 4/1/21 4/15/21 4/29/21 5/13/21 5/27/21 6/10/21 6/24/21 ALI 6/22 X X X X CURRIN 6/22 X X X X HARRINGTON 6/22 X X X X NAVARRE-JACKSON 6/22 X X X X PORTER 6/22 X X X X HAMAD 6/22 X O/E X X HARRIS 6/22 X X X X RIVERA 6/22 X X X X TRAORE 6/22 X X X X KEY: X = Present O = Absent From:Stefanie Bowers To:Stefanie Bowers Subject:FW: Dismantling white supremacy and uplifting Black lives in a mural — lend your voice to The Oracles Date:Monday, February 15, 2021 5:57:16 PM Attachments:We sent you safe versions of your files.msg Lend Your voice to The Oracles.pdf From: John Engelbrecht <john@publicspaceone.com>  Sent: Monday, February 15, 2021 12:07 PM To: AdHocTruth <AdHocTruth@iowa-city.org> Subject: Dismantling white supremacy and uplifting Black lives in a mural — lend your voice to The Oracles Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Dear Truth and Reconciliation Committee, The Oracles are speaking. What action and justice can they summon for the people of Iowa City? Public Space One (PS1), a community arts organization, and the Center for AfrofuturistStudies (CAS), a residency program bringing artists of color to Iowa City, is working on aproject funded by the City of Iowa City and University of Iowa. The project is, at face value,two murals on a highly visible parking ramp in downtown Iowa City…but below the surface,the project represents commitment, accountability, and belief in equitable Black futures (BlackLives Matter!). In the words of the organizing team, "the mural in itself is not enough." We would love to hear your thoughts and invite you to dig deeper with us. The initial phase of the design has been completed by two professional artists (Donté K. Hayesand Antoine Williams), and we are now welcoming more people into the conversation, extending additional opportunities surrounding the project, and gauging public response to thedesign. We do this in an extended and targeted push to allow the whole Iowa City community to help shape the dialogue and deployment of this public art piece. We are developing aprogram of events and initiatives surrounding the project and appreciate you taking a moment to hear about, respond to, and even join our initiative. We wanted to begin the public rollout of this project by first widely presenting it to andinviting the Black community of Iowa City for feedback. We'd love to have your input and voice heard by sharing the design proof with you and asking a few questions. The survey isflexible; it can be done quickly or elaborated upon should the desire arise. The responses will be kept confidential and only shared as a data collection omitting individual indicators—i.e.,participants will remain anonymous (unless you opt otherwise). To provide your insight and feedback, please click here. We look forward to hearing from you! J PS I have attached a pdf with the above info that could easily be shared with your constituents   • • • John Engelbrecht Director \\ Public Space One c: 319.331.8893 w: publicspaceone.com PS1 runs because a lot of people give  a little. Be a sustaining member today!   Dismantling white supremacy and uplifting Black lives in a mural - lend your voice to The Oracles The Oracles are speaking. What action and justice can they summon for the people of Iowa City? Public Space One (PS1 ), a community arts organization, and the Center for Afrofuturist Studies (CAS), a residency program bringing artists of color to Iowa City, is working on a project funded by the City of Iowa City and University of Iowa. The project is, at face value, two murals on a highly visible parking ramp in downtown Iowa City ... but below the surface, the project represents commitment, accountability, and belief in equitable Black futures (Black Lives Matter!). In the words of the organizing team, "the mural in itself is not enough." We would love to hear your thoughts and invite you to dig deeper with us. The initial phase of the design has been completed by two professional artists (Donte K. Hayes and Antoine Williams), and we are now welcoming more people into the conversation, extending additional opportunities surrounding the project, and gauging public response to the design. We do this in an extended and targeted push to allow the whole Iowa City community to help shape the dialogue and deployment of this public art piece. We are developing a program of events and initiatives surrounding the project and appreciate you taking a moment to hear about, respond to, and even join our initiative. We wanted to begin the public rollout of this project by first widely presenting it to and inviting the Black community of Iowa City for feedback. We'd love to have your input and voice heard by sharing the design proof with you and asking a few questions. The survey is flexible; it can be done quickly or elaborated upon should the desire arise. The responses will be kept confidential and only shared as a data collection omitting individual indicators-Le., participants will remain anonymous (unless you opt otherwise). To provide your insight and feedback, please click here. We look forward to hearing from you! POSSIBILITY t-I� The Center for"+� Aftrof uturist Studies Prepared by: Council members Janice Weiner and Laura Bergus I 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 asfollows: 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 theTruthandReconciliationCommission; and, Whereas, truth and reconciliation underscores the imperative that confronting and reckoningwiththepastisnecessaryforsuccessfultransitionsfromconflict, 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 afutureofequitybasedonhealingandhope; 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 communitynotinclinedtoengageorresistanttoengagement; and, Whereas, a comprehensive process will require that City of Iowa City departments and the CityCouncilitselfparticipate, 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. ted by City Attorney's Office - 09/10/2020 Racial Justice Terms TRC    Ally  -Advocates for people from underrepresented or marginalized groups. An ally  takes action to support people outside of their own group. SOURCE: 12  Diversity & Inclusion Terms You Need to Know | Catalyst.     Bigoted  -Blindly devoted to some creed, opinion, or practice. Having or showing an  attitude of hatred or intolerance towards the members of a particular group  such as a racial or ethnic group.     Colonization  -The action or process of settling among and establishing control over the  indigenous people of an area.     Community  -A group of people living in the same locality and under the same government.  A group of people who share something in common.     Decolonization  -The process of the deconstructing colonial ideologies of the superiority and  privilege of Western thought and approaches. Involves dismantling structures  that perpetuate the status quo and addressing unbalanced power dynamics.     Defund  -To withdraw or disperse funding from an organization or system.    Discrimination  -“Negative actions against a group, aimed at denying its members equal  access to societal rewards.” (Marger 2012: 490)     Diversity  -Diversity includes all the ways in which people differ, and it encompasses all  the different characteristics that make one individual or group different from  another. It is all inclusive and recognizes everyone and every group as part of  the diversity that should be valued. A broad definition includes not only race,  ethnicity, and gender—the groups that most often come to mind when the  term "diversity" is used—but also age, national origin, religion, disability, sexual  orientation, socioeconomic status, education, marital status, language, and  physical appearance. It also involves different ideas, perspectives, and values.    Emotional Tax  -Refers to the unseen mental work that people from marginalized  backgrounds have to do every day to feel included, respected, and safe.  SOURCE: An anti-racist's dictionary: 19 words on race, gender, and diversity  you should know.    Explicit bias  -The traditional conceptualization of bias. With explicit bias, individuals are  aware of their prejudices and attitudes toward certain groups. 8 Positive or  negative preferences for a particular group are conscious.     Fundamental Principles of Restorative Justice  -1) Crime causes harm and justice should focus on repairing that harm.   -2) The people most affected by the crime should be able to participate in its  resolution.   -3) The responsibility of the government is to maintain order and of the  community to build peace.     Healing   -To restore health, well-being, and spiritual wholeness of individuals and  communities; to repair or set right. Healing requires that incidences of trauma  and injury are no longer being perpetuated. (Adapted from  https://drive.google.com/file/d/1H1wBUzPKmCR5UR57VG58YudaVoW08j-/view )    Implicit Bias  -Also known as unconscious or hidden bias, implicit biases are negative  associations that people unknowingly hold. They are expressed automatically,  without conscious awareness. Many studies have indicated that implicit  biases affect individuals’ attitudes and actions, thus creating real-world  implications, even though individuals may not even be aware that those  biases exist within themselves.     Indigenous  -Produced, growing, living or occurring natively or naturally in a particular  region or environment. Relating to the earliest known inhabitants of a place -  especially that of a place that was colonized by a now dominant group.     Intersectionality  -The intertwining of social identities such as gender, race, ethnicity, social class,  religion, sexual orientation, and/or gender identity, which can result in unique  experiences, opportunities, and barriers. SOURCE: 12 Diversity & Inclusion  Terms You Need to Know | Catalyst.     Monolithic (of an organization or system)   -Large, powerful, and intractably indivisible and uniform. "rejecting any move  toward a monolithic European superstate".     Prejudice  -“A generalized belief, usually inflexible and unfavorable, applied to members  of a particular group.” (Marger 2012: 492)     Race  -“A socially constructed category of humans, classified on the basis of certain  arbitrarily selected hereditary characteristics that differentiate them from  other human groups.” (Marger 2012: 493)     Racial Justice   -The systematic fair treatment of people of all races, resulting in equitable  opportunities and outcomes for all. Racial justice—or racial equity—goes  beyond “anti-racism.” It is not just the absence of discrimination and  inequities, but also the presence of deliberate systems and supports to  achieve and sustain racial equity through proactive and preventative  measures.     Racial Trauma  -The mental and emotional injury experienced by persons who have  encountered racism at the internal, interpersonal, or systemic level. Racial  trauma can result from single-episode events, repeated occurrences, or  chronic forces. In the US, Black, indigenous peoples, and people of color  (BIPOC) are most vulnerable to racial trauma due to pervasive white  supremacy. Racial trauma often results in both physical and mental  experiences of distress, which impair the wellbeing of the traumatized  individual. (Adapted from https://www.mhanational.org/racial-trauma).           Racism  -“The belief that humans are subdivided into distinct hereditary groups that  are innately different in their social behavior and mental capacities and that  can therefore be ranked as superior or inferior.” (Marger 2012: 493)  -Racism = race prejudice + social and institutional power, Racism = a system of  advantage based on race, Racism = a system of oppression based on race,  Racism = a white supremacy system, Racism is different from racial prejudice,  hatred, or discrimination. Racism involves one group having the power to  carry out systematic discrimination through the institutional policies and  practices of the society and by shaping the cultural beliefs and values that  support those racist policies and practices.     Racist  -A belief that race is a fundamental determinant of human traits and  capacities and that racial differences produce an inherent superiority of a  particular race. The systemic oppression of a racial group to the social,  economic, and political advantage of another.    Reconciliation  -In the US, racial reconciliation is the bringing together of Black people,  Indigenous people, and people of color with the individuals and institutions  which enact and perpetuate racist actions and policies in order to repair their  relationship and come to shared understandings. Reconciliation work must  include finding the means to overcome racial inequalities in social and  economic status, health and life expectancy, living standards, and systemic  injustice. (Adapted from  https://www.oise.utoronto.ca/abed101/what-isreconciliation/​).    Restorative Justice  -A system of criminal justice which focuses on the rehabilitation of offenders  through reconciliation with victims and the community at large. Views crime  as more than “breaking the law”- it also causes harm to people, relationships  and the community. A just response must address those harms as well as the  wrongdoing    Restorative Justice   -An approach to justice in which offenders take responsibility, reconcile with  victims, and repair the harm experienced by individual victims and the  community. It is accomplished through a cooperative process in which all  willing stakeholders connect and communicate about experiences, feelings,  and consequences related to a harmful incident, which leads to accountability  and repair, thus rehabilitating the offender and restoring relationships across  the community. (Adapted from  https://mettacenter.org/definitions/restorative-justice/​)    Restructure   -To change, alter, or restore the structure of a system. To effect a fundamental  change in, (as an organization or system.    Social Construct  -A concept or perception of something based on the collective views  developed and maintained within a society or social group, as opposed to  existing inherently. (Ex: Laws, ethics, race, gender, gender roles, property  ownership, language, culture).     Structural Racism  -Public policies, institutional practices, cultural representations, and societal  conventions that individually and collectively reinforce racial inequity and  codify the advantage of “whiteness.” SOURCE: Talking racial equity? Make sure  you understand these 17 words - Generocity Philly.     Superiority vs. Inferiority   -As it appears in the context of racism, often is a platform to support a false  narrative that legitimizes a false rhetoric. That is to say that the superior only  finds meaning in their existence through the constant demeaning of any that  they find inferior.     Systemic  -Relating to or noting a policy, practice, or set of beliefs that has been  established as normative or customary throughout a political, social, or  economic system.    Systemic Vehicle  -The process of enabling. Whether by word, deed or standards of operating  procedures, a group, a member of a group or a single representative of said  group, the ability to suppress, repress, undermine, delegitimize,  disenfranchise or otherwise nullify, the words, deeds, ideas or achievements of  any group that the aforementioned dominant group deems unworthy.         Transformative Justice  -A series of practices and philosophies designed to create change in social  systems. Most regularly alternatives to criminal justice in cases of  interpersonal violence or to responses for dealing with socioeconomic issues  in societies transitioning away from conflict or repression. A process where all  individuals affected by an injustice are given the opportunity to address and  repair the harm.     Truth  -The body of real things, events, and facts. The body of true statements and  propositions, of being in accord with fact or reality. Sincerity in action and  character.     White Fragility  -A state in which even a minimum amount of racial stress becomes intolerable  [for white people], triggering a range of defensive moves. These moves  include the outward display of emotions such as anger, fear, and guilt, and  behaviors such as argumentation, silence, and leaving the stress-inducing  situation. These behaviors, in turn, function to reinstate white racial  equilibrium. SOURCE: Robin DiAngelo, “White Fragility” (International Journal  of Critical Pedagogy, 2011).     White Privilege  -“White privilege means having entry to structures and institutions that mete  out important economic opportunities, having access to neighborhoods, jobs,  credit, and tax benefits that by and large are off limits or available in limited  fashion to minorities, it means being presumed competent, intelligent, and  hardworking, it means not being discriminated against daily by anyone  ranging from a restaurant attendant to a car salesperson.” (Lazos Vargas 1998:  1527)   -Refers to the unquestioned and unearned set of advantages, entitlements,  benefits and choices bestowed on people solely because they are white.  Generally white people who experience such privilege do so without being  conscious of it.  AD HOC TRUTH AND RECONCILIATION COMMISSION FEBRUARY 18, 2021 LATE HANDOUT: AGENDA ITEM #5 •DRAFT FACILITATOR AGREEMENT Page 1 of 5 TRC Facilitator Agreement This Consultant Agreement (“Agreement”), is effective as of March __, 2021 (“Effective Date”), and is entered into between Jesse Case (“Contractor” and/or “Facilitator”), an independent contractor, and City of Iowa City (the “Client”). Whereas, the City Council for the City of Iowa City established the Ad Hoc Truth and Reconciliation Commission (“Commission”) in Resolution No. 20-228 (“Resolution”), which is attached and incorporated herein; Whereas, Paragraph 6 of the Resolution provides that the Commission shall be facilitated by an independent consultant; and Whereas, Client agrees to engage Contractor to provide facilitation services outlined below and Contractor agrees to provide such services. In consideration of the promise and mutual agreements herein, the receipt and sufficiency of which are acknowledged, Client and Contractor agree as follows: 1. Engagement: During the term of this Agreement, the Contractor will facilitate the Commission as set forth in Paragraph 6 of the Resolution. The Contractor will work at the direction of the Commission and will provide periodic status reports to the Client. 2. Services: During the term of this Agreement, the Facilitator shall: A. Guide the Commission in fulfilling its charges as set forth in the Resolution, particularly Paragraphs 11, 14, and 15; B. Oversee the development of the Commission’s budget that is required to be submitted to the City Council by March 21, 2021, which may include the recommendation and hiring of other entities that can bring value to the work of the Commission (historians, expert witnesses, trainers, etc.); C. Assist in the creation of meeting agendas, assist in keeping meetings moving forward in a productive manner and on time, assist in the mediation and make recommendations to address adverse reactions and potential disruptions to the Commission and process; and D. Provide periodic updates to Client throughout the process and assist the Commission in making final recommendations to the City of Iowa City relating to fundamental institutional, societal, and policy reforms necessary to address systemic racism and move Iowa City toward a more just and equitable community. If the Parties determine a change in the engagement is necessary, the Parties will amend this Agreement by written mutual consent. Page 2 of 5 3. Independent Contractor: The Parties recognize and agree that Contractor will act as an independent contractor and will have sole responsibility for all federal, state, and local taxes, including but not limited to income taxes and social security taxes, and workers’ compensation or disability benefits. Nothing in this Agreement creates an employee- employer relationship or changes the preexisting legal status of either Party. 4. Power to Act on Behalf of Client: Contractor will have no authority to create any obligation, express or implied, or make any representation on behalf of Client except as expressly authorized from time to time by Client. 5. Client Responsibilities: To the extent deemed reasonable and necessary by Client, to further Contractor’s engagement under this Agreement, Client will: 1) provide access to Client information; 2) provide access to administrative services; and 3) work with Contractor in good faith to meet deadlines and goals as set forth herein. 6. Payment: For the provision of Services, Contractor shall be paid four thousand dollars ($4,000.00) per month. Payments will be made on a monthly basis no later than the tenth (10th) day of each month beginning April 2021 for the services rendered in March 2021. If this Agreement is terminated prior to June 30, 2022, as provided in Paragraph 7 herein, Client shall pay Contractor for services rendered in a partial month on a pro rate basis. No Contractor expenses will be reimbursed unless pre-approved by Client in writing. If Contractor expenses are approved for payment by Client, Contractor will submit an itemized statement of Contractor’s expenses. Client will pay Contractor for undisputed expenses within 30 days of receipt of such statement. Basis of Payment: Contractor estimates a minimum of twelve hundred (1200) hours will be needed over the sixteen (16) month period to complete the terms of the Agreement. Contractor’s research indicates the average rate for similar facilitator positions is $150.00 - $200.00 per hour. Contractor’s fee is based on creating a balance of the Facilitator’s time commitment which will pull them away from other projects, and the important nature of the work and benefits to the community, as well as the Facilitator’s commitment to the project and community. Contractor’s research indicates the fee represents approximately one-third (1/3) of market value for similar positions. 7. Term and Termination: This Agreement will remain in effect from March __, 2021 and shall remain in effect through the duration of the tenure of the Commission. The Agreement may be extended by mutual written consent of both Parties. Either Party may terminate this Agreement with thirty (30) days written notice to the other Party without cause, reason, or penalty. 8. Liability/Indemnification. A. To the full extent permitted by law, Contractor agrees to defend, indemnify, and hold harmless the Client against any and all claims, demands, suits, loss, expenses, including attorney’s fees, and for any damages which may be asserted, claimed or Page 3 of 5 recovered against or from the Client by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Contactor’s negligent acts, errors or omissions in performing the work and/or services provided by Contractor to the Client pursuant to the provisions of this Agreement. B. Contractor assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Contractor's negligent acts, errors or omissions in connection with the work and/or services provided by Contractor to the Client pursuant to this Agreement, and agrees to pay the Client for all damages caused to the Client's premises resulting from the negligent acts, errors or omissions of Contractor. C. The Contractor’s obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the Client against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the Client. D. For purposes of this paragraph, the term "Contractor" means and includes the Contractor, its officers, agents, employees, sub-consultants, and others for whom Contractor is legally liable, and the term “Client” means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. 9. Disputes: This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. 10. Conflict of Interest: Upon signing this Agreement, Contractor acknowledges that Section 362.5 of the Iowa Code prohibits a City of Iowa City officer or employee from having an interest in a contract with the City of Iowa City, and certifies that no employee or officer of the City of Iowa City, which includes members of the City Council and City of Iowa City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 11. Anti-Discrimination: The Contractor shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. A. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. Page 4 of 5 11. Additional Terms: This Agreement shall be binding on the Parties hereto and their successors and assigns, but neither Party may assign this Agreement without the prior written consent of the other. Failure of either Party to enforce any of the provisions of this Agreement, to enforce any rights with respect thereto, or to exercise any election provided herein, shall in no way be considered a waiver of such provisions, rights, or elections, or in any way affect the validity of this Agreement. If any term of provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement. The article headings used are for reference and convenience only, and shall not enter into the interpretation of this Agreement. This Agreement makes up the entire agreement between the Parties. No alterations, modifications, amendments, or changes in this Agreement shall be effective or binding on any Party, unless the same is in writing and signed by both Parties. There are no understandings or agreements relating to this Agreement which are not fully expressed in this Agreement. This Agreement supersedes any prior agreements, understandings, restrictions, prohibitions, and/or limitations between the Parties whether written or oral, and they affirm by their signatures below that this is their definitive understanding unless modified in writing by them. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, when taken together, will constitute one and the same Agreement. 12. Notices: Electronic communications shall be deemed acceptable whenever under this Agreement one Party is required to give notice to the other. Notice to Contractor shall be to the following email address: jcase@iowalabor.com; Notice to Client shall be to the following email address: geoff-fruin@iowa-city.org 13. Force Majeure: The Parties shall be excused from performance under this Agreement for any period such Party is prevented from performing any services pursuant hereto, in whole or in part, as a result of an Act of God, war, civil disturbance, court order, labor dispute or other cause beyond its reasonable control. Contractor and Client have caused this Agreement and all applicable parts to be signed and delivered by their duly authorized representatives, as of the Effective Date. Jesse Case Signature: __________________________________ Date: ___________________ Page 5 of 5 City of Iowa City By: ________________________________ Bruce Teague, City Manager Date: ___________________ Attest:___________________________________ Kellie K. Fruehling, City Clerk Date: __________________ Approved:________________________________ City Attorney’s Office