At the Cook County commissioners July 21 Meeting of the Whole, commissioners spent a good deal of time talking about the possibility of forming a Human Rights Commission (HRC) in the county.
Cook County Attorney Molly Hicken presented a summary of what she learned after reviewing HRC materials given to her by commissioner Heidi Doo-Kirk. Doo-Kirk brought up the topic last year but, due to lack of resources, she said the subject was dropped. However, in the wake of the George Floyd murder by a Minneapolis police officer and the following tumultuous time and racial tension in the country, she thought it time to bring the topic back before the board.
Hicken sent commissioners some information she had found in her search.
“Should the County wish to pursue the formation of a Human Rights Commission (HRC), a taskforce, or any other effort towards racial justice, inclusion, and improved equity, it is my recommendation that an invitation to participate is extended to individuals who have been involved in past anti-racist efforts in this county, such as John Morrin (or his appointee) of the Grand Portage Reservation Tribal Council, who for many years conducted an annual “Undoing Racism” training, and those individuals involved in the organization of the Cook County Schools “Social Justice Conference” in the recent past.”
Hicken introduced Carl Crawford, Duluth’s human rights officer and he gave an overview of how the human rights commission works in Duluth. Crawford is the third human rights office in Duluth. He was hired in July 2016, and he reports directly to Mayor Emily Larson.
Appearing on Skype, Crawford said there are nine members on the Duluth Human Rights Commission, and unlike most commissions or committees, they have investigative powers.
The commission has three areas of focus, said Crawford, adding that the spectrum is vast and, “You need to pick where you are going to spend your energy.”
In Duluth the Human Rights Commission promotes the elimination of hate, prejudice and discrimination against persons or groups based on race, gender, religion or other status of a person or group. They seek to educate the community on issues of discrimination and cultural diversity and they advise the city council and administration on human rights issues and promote the goals and objectives of the Minnesota Human Rights Act.
When potential trouble starts, Crawford said it is important to engage early. “It’s easier to fix a problem on the front end,” he noted.
Following Floyd’s death, he said, “The state of 10,000 lakes became the state of a million tears.”
When a complaint is filed, Crawford pointed out, that’s not always a bad thing. “As the Mayor would say, complaints are an opportunity to learn.”
In forming a Human Rights Commission, Crawford advised that selected board members reflect a broad cross section of the community, including sexes, various economic levels, race and ethnic minorities, different age groups, etc.
In Duluth, terms last from 1-3 years.
Hicken said cities form the majority of Human Rights Commissions, but noted at least three counties, Hennepin, Ramsey, and Olmstead have HRC’s. Those commissions are set up to be citizen-led, majority citizen entities. Should the county board decide to set up an H. R. Commission, it could do so through an ordinance or resolution and “may or may not choose to enable the commission to investigate complaints.”
In the board packet Hicken included the following information.
“Local governments like Duluth, who have enabled their H.R. Commissions to investigate complaints have hired a Human Rights Officer or created an entire human rights department (Hennepin and Ramsey Counties) who work with their attorney’s office to investigate complaints. Those complaints are reviewed through a hearing to determine whether a violation has occurred.
“I would recommend that, if the county creates a commission that also has investigative and enforcement powers, it should also create an investigator position or contract out the investigations to a qualified investigator. This investigator position is part of the Sheriff ’s Office because human rights complaints may be made against local law enforcement.
“Currently, human rights violation complaints made in Cook County are handled (investigated and determined) by the State Human Rights department. This process has gone smoothly. I am notified whenever Cook County is complained against to the Human Rights Office. My guess is that the number of Human Rights complaints against Cook County government average less than one per year. There may be other complaints brought against other entities in the community (city, school, businesses) of which I am unaware.
The purpose of an H.R. Commission is defined by the enabling ordinance or resolution and by its members. The statute enables H.R. Commissions to address complaints of human rights violations (violations of the Minnesota Human Rights Act) within the community, but only a few H.R. Commissions actually handle their own Human Rights violation complaints (others leave that to the State Office of Human Rights).
What else County Attorney Molly Hicken found:
Most commissions around the state are a group of community volunteers, appointed by the mayor or council to do education and outreach. They are created by city or county ordinance. Their focus is not necessarily illegal discrimination but making the community more inclusive, welcoming. Many are volunteer driven.
Some commissions may not do their own investigations, but they can be a resource for referrals if a citizen calls with a concern related to human rights.
Ongoing support by local governments: most commissions have a small budget (a few thousand dollars) from cities and counties, they have access to space, but the commitment of cities has been minimal. The state doesn’t provide any support to local commissions.
Following the Skype discussion with Crawford, commissioners discussed steps needed to form a commission.
Cook County Human Resources Director Pamela Dixon asked Hicken if the county should partner with the city of Grand Marais and Hicken replied, “Yes if the city is open to that.”
Interim County Administrator Rena Rogers suggested that Grand Portage and the school district be included in the formation of a commission. Doo-Kirk noted that North Shore Health should also have a seat on the board.
Just who would take ownership of such a commission and where the funds would come from to form a commission is unknown. All of the commissioners agreed that education and outreach would be the main component of a Cook County Human Rights Commission. The investigative piece of any registered complaint would be left up to the state.
Going forward, board Chair Myron asked, “Who is going to be the point person for the county?”
Doo-Kirk, who is leaving her county board position after serving two terms, replied she wouldn’t be that person. She suggested the county have a joint meeting with potential partners and find out if there are enough resources to move ahead. “One year ago, we didn’t have the resources,” to go forward. “There needs to be a staff person to lead this,” she said, adding that starting and not continuing would be a bad idea. “Have you ever gone to a basketball game, and they throw out the ball and everyone goes and sits on the bench?” Doo-Kirk asked rhetorically. “We don’t want to do that.”
Rogers pointed out that the county was early in the discussion and noted it was going to take time to plan and set up meetings with potential partners and find people willing to serve on a Human Rights Commission. Hicken suggested that Carl Crawford would be an excellent person to help guide the process, and commissioners agreed to explore the concept further.
Following the discussion on the Human Rights Commission, commissioners heard from Grace Grinager and Alison McIntyre on racism. Interim County Administrator Rena Rogers covered some updates to the county fiscal policies and mission statement.
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