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Minutes - Human Relations - 07/18/2011 City of Boulder Human Relations Commission Minutes Monday, July 18, 2011 172013'' Street, Boulder, CO 6:00 p.m. COMMISSIONERS PRESENT: Leisha Conners Bauer Jonathan Dings John Paul Harris Amy Zuckerman COMMISSIONERS ABSENT: Susan Geshundheit (Excused) STAFF PRESENT: Carmen Atilano Beth Van Dusen Karen Rahn I. Call to Order The Julyl8, 2011 HRC meeting was called to order at 6:02 pm by L. Conners Bauer. II. Asenda Adiustments None III Approval of Minutes J. Dings moved to accept the June 20, 2011 minutes, J. P. Harris seconded. The motion passed 4-0. IV. Community Participation Aicila Lewis, Out Boulder, 2132 14d' Street, Boulder, CO, spoke in support of the Domestic Partnership Health Benefits proposal. Neil Fishman, King Avenue, Boulder, CO spoke in support of the Domestic Partnership Health Benefits proposal. Bob Cluster, 1050 Arapahoe, #405, Boulder, CO., stated his concerns with the proposal. He notes disparity in the Domestic Partner registry not being open to heterosexual couples and is concerned with the issue of constitutionality of the proposal. K. Rahn explained the disclosure of numbers is not confidential information and that an important variable with regard to the affidavit of Domestic Partnership is that heterosexual relationships have an option of a legal marriage in order to secure tax benefits, this option is not available to same sex couples. V. Action Items A. OUT BOULDER CIF REPORT- A. Lewis, thanked the HRC for their support. Out Boulder led a coalition of fourteen organizations to bring the traveling exhibit, Nazi Persecution of Homosexuals to Boulder from the U.S. Holocaust Museum in Washington, D. C. Over 15,000 people attended the event at the Boulder Public Library, including several schools. A. Lewis provided the HRC with a calendar of events from the exhibit and a budget. A. Zuckerman moved to accept the report from Out Boulder, J. Dings seconded the motion. The motion passes 4-0. VI. DISCUSSION/INFORMATIONAL ITEMS A. Domestic Partnership Health Benefits- D. Ensign, gave a power point presentation on the issues surrounding health benefits for domestic partners. The proposal to offset the tax penalties incurred by domestic same sex couples when they provide health benefits to their families has the support of Out Boulder. D. Ensign outlined the penalties and disadvantages and explained that health benefits to same sex couples are considered income and are subject to taxes, which is not the case for married heterosexual couples. The inherent problem lies within the federal tax code, however, attempts to reconcile the tax code through proposed legislation have not yet been successful. D. Ensign explained that several companies provide benefit tax equity and that Cambridge, MA recently launched their program to offset the penalty for city employees. D. Ensign asked the HRC to endorse the proposal and consider referring it to City Council. A. Zuckerman asked for more information on federal legislation. D. Ensign explained that legislation has been introduced since 2003 to address this issue through revision of the federal tax code. J. P. Harris asked for clarification on benefits being taxed as income with regard to the employer's contribution. J. Dings commented on the fact that several factors could affect an individual's tax rate even under a revised tax code. L. Conners Bauer thanked D. Ensign for his concise presentation that was helpful in framing the issues for the HRC to consider and asked staff how to proceed if the HRC wants to further explore this issue. C. Atilano explained that the HRC can direct staff to do additional research on the issue for consideration. This information can be brought back to the HRC in September for consideration, and the HRC can determine whether to move this issue forward as an action item. L. Conners Bauer asked the HRC if they would like for staff to bring additional information back to the HRC on this issue and all commissioners stated that they would like additional information. B. City Community Survey- C. Atilano explained that the City Community Survey is mailed to citizens selected at random and that there is an option to complete the survey on line. The survey will not be sent in Spanish and English due to the cost and the fact that last time it was sent in Spanish there were only two surveys out of 7000 were returned in Spanish. There will be postcards sent out with instructions in Spanish and the option to fill out the survey in Spanish. J. Dings asked if there is a strategy for using focus groups to help guide the community survey and commented that extra efforts are needed if we want a more complete and comprehensive survey. K. Rahn stated that she sits on the Community Survey committee and that she will bring additional information back to the HRC with regard to specific steps in the survey process. C. 2011 Work Plan- t. HRC Handbook, Chapter IV. C. Atilano explained that portions of this chapter are defined by city code and are not subject to revision by the HRC. L.Conners Bauer commented on the timing of new HRC members coinciding with the nominations and election of officers an d that the election of officers should take place at least one meeting after the new HRC member has been seated.. J. Dings suggested revising the language to read "applications are due on a schedule determined by City Council. J. Dings would also like to add more inclusive gender identity language under A-1, Qualifications. A. Zuckerman suggests that the language include transgender, i.e. gender identity. C. Atilano explained that section B-3 was developed by a previous Commission in order to avoid the awkwardness of a new member having to go through a nomination and election process at their first meeting and suggests changing this section to read, "nominations will occur I month subsequent to the seating of the new HRC member. L. Conners Bauer suggests checking into how other boards and commissions handle the timing of seating new board members and electing officers. J. P. Harris raised concern with the language in section C. regarding initiating discussion with other commissioners. C. Atilano commented that the duties of the HRC would still be reflected if the decision were made to strike this language. It was agreed upon that if an HRC member submits a written statement, it should be reviewed and approved by the commission. K. Rahn commented that the distinction could be made between taking a position and representing the HRC. Commissioners should not should not speak on behalf of the HRC or take a formal position without permission from the HRC. J. Dings asked staff to bring revisions in the language back to the HRC for final approval. C. Atilano advised the HRC that sections F-I are policy and cannot be revised. J. Dings commented on the ECO-Pass and K. Rahn explained that the city is aware of the issues of eligibility classification and non-transferability. 2. Committee Reports: A. Zuckerman provided an update on the TRC. The TRC has nearly finished interviews and will begin deliberations on July 26, 2011. C. Atilano provided an update on the MLK committee. The committee will meet for a Community Cafe forum with the Institute of Common Good facilitating on 7/25/2011. The goal of the meeting is to bring new ideas for the planning and celebration of the event in 2012. J. Dings provided an update on the NAHRW conference and read a letter from Anthony Wade, President-Elect of NAHRW in reference to issues surrounding prayer at the national conference. The next conference call is scheduled for July 28, 2011. C. Atilano reported that the Crime Free Multi-Housing task force has not met yet and that they will meet soon, however, S. Geshundheit will not be able to attend the first meeting. VI. DISCUSSIONANFORMATIONAL ITEMS AGENDA ITEM 61). - SUMMARY OF FOLLOW-UP TASKS. NAHRW conference call on July 28, 2011. Staff will bring revisions to the HRC handbook back to the HRC for review in September. Staff will further research issues regarding Domestic Partner Health Benefits and bring information to the HRC in September. K. Rahn will advise the City Community Survey Committee of the recommendations made by the HRC. C. Atilano announced that the RFP for the CEF will go out the end of July with a deadline for completed applications scheduled in September. Interviews will be scheduled for September and October. C. Atilano will send an e- mail to the HRC when the RFP has gone out. C. Atilano announced that effective 2012, the HRC budget will no longer carry-over to the next year. Expenditures for the HRC Work Plan and CIFICEF funding will need to be spent within the fiscal year or the carry over will go back into the General Fund. J. Dings asked if 2011 funds will carry over in to 2012. K. Rahn responded that no, they will not carry-over. J. Dings asked for clarification regarding funding available to the HRC, is it for the actual expenditure only, or could the funds be designated at this time? An example is MLK Day where most of the expenses are at the beginning of the year. Can we commit funds to a defined project for the next fiscal year? K. Rahn replied that we can request a carry-over in the General Fund for a specific identified purpose and it must be approved by the City Council and by the City Manager. The reason is because the HRC is funded out of Area I of the Human Services Fund and Area I historically was a dedicated sales tax from the .15% sales tax that was ear- marked. The ear-marking went away with the November 2009 ballot initiative that extended the .15% sales tax. In the tax extension there was no sunset provision, so for all practical purposes the .15% sales tax became part of the General Fund. Within the General Fund, we do not have reserves, ear-marking or special funds, so anything unexpended from the .15% sales tax cannot be carried over. VII. IMMEDIATE ACTION ITEMS- There are no immediate action items and no announcements. VIII. Adjournment- J. Dings moved to adjourn the July 18, 2011 meeting. A. Zuckerman seconded the motion. The motion passed with a vote of 4-0. The meeting was adjourned at 7:43 p.m The next regular meeting of the HRC will be September 19, 2011 at 6;00 p.m. in Council Chambers. Attested: Approved: Board Secretary HRC Chairperson