City of Bloomington, Indiana City Council, 5 Jun 2019

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From YouTube: Bloomington City Council June 05, 2019

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Agenda, Packet : https://bloomington.in.gov/onboard/meetingFiles/download?meetingFile_id=4605

A

I'll call to order this bloomington common council special session and committee of the whole meeting for wednesday, june 5th.

A

2019 well their clerk,. Please call the roll.

B

That's a member chopra.

B

Here, piedmon smith., yeah granger present rallo here boland here, simms.

B

Sandburg thank you.. Thank you.

A

Here's our agenda, summation. and if you would like an agenda,, you can find them beside the clerk. they're at her desk.

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We have no approval of minutes this evening, no minutes to approve.

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We have no legislation for second reading and resolutions.

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For the special session., we do have a legislation for first reading and that is ordinance.

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1911 to amend title 2 of the bloomington municipal code entitled administration and personnel regarding amending chapter 2.2, one entitled.

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Department of law to prohibit discrimination.

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And harassment of any person doing sanctioned work for the city.

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And then we will adjourn that special session to.

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Be followed by the committee, the whole.

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Councilmember, jim jim sims will chair that and we have two items: the aforementioned ordinance.

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1911 and then the second item is resolution.

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1908 to approve a revised cooperation agreement between the city of bloomington.

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The city and bloomington housing authority, bha for provision and operation of low-income housing units and.

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Associated payment in lieu of taxes by bha in exchange for city services and.

A

That will conclude our committee whole this evening.. So with that do we have legislation for first reading?.

C

11:00 reintroduce and read by title and synopsis only., it's been, we've been seconded.

A

A

Any all in favor,, please say aye any opposed. Well. The clerk please read.

B

Ordinance 1911 to amend title 2 of the bloomington municipal code.

B

Entitled administration and personnel regarding amending title.

B

Amending chapter to point to one entitled department of law to prohibit discrimination.

B

And harassment of any person doing sanctioned work for the city. The synopsis is as follows. This ordinance amends title 2.

B

Administration and personnel of the bloomington municipal code, at the request of the bloomington human rights commission and staff.

B

It provides that anyone doing sanction work for the city of bloomington, who feels he she or he.

B

Has been discriminated against or harassed by a city employee has the right to bring that concern to the appropriate city. Official.

B

Who will investigate the concern promptly and take appropriate action?? It also requires contractors covered by the city's affirmative action requirements.

B

To implement a harassment policy for their employees.

B

These changes will help ensure that anyone doing work for the city will have at least one avenue of redress.

B

Should she or he encounter possible discrimination or harassment at work?.

A

Thank you, is there a motion for adjournment.

D

All in favor of journey- and he posed.

E

Okay, we're calling this order good evening. Ladies and gentlemen,, I.

E

See that we have a quorum- and this is a committee of the whole meeting of the city of bloomington common council for wednesday.

E

June, the 5th 2019 we have two items on the agenda that we'll hear in the following order: the first item. I.

E

Find it is ordinance 1911 and the second will be resolution 1908.

D

E

Yes,- and I don't have to read everything else for that and here to speak forum.

E

The city this evening would be barbara mckinney director.

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Bloomington human rights, commission and assistant city attorney and before she does that.

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Ordinance 1911 is to amend title 2 of the bloomington municipal code, entitled administration and personnel. The reason to amend chapter.

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2.2 one entitled department of law to prohibit discrimination and harassment of any person doing sanctioned work for the city.

E

The synopsis is as follows:.

E

This ordinance amends title 2, administration and personnel of the bloomington.

E

Municipal code, at the request of the bloomington human rights commission, instead.

E

It provides that anyone doing sanctioned work for the city of bloomington.

E

Who feels she, or he has been?

E

discriminated against or harassed by a city? Employee has the right to bring that concern to the appropriate city. Council official.

E

I'm sorry, the appropriate city official who will investigate the concern promptly and take appropriate action.

E

It also requires contractors covered by the city's affirmative action requirements to implement a harassment policy for their employees.

E

These changes will help ensure that anyone doing work for the city will have at least one avenue of redress.

E

Should he or she encounter possible discrimination or harassment?.

E

At work- and I see miss mckinney is at podium.

E

Would you care to start presenting sure thank you, thank you,, I'm barbara mckinney., I'm the director of the human rights commission.

F

I'm also an assistant city attorney.

F

These amendments have been requests. These amendments to the human rights ordinance have been requested by the mayor's office and they've been reviewed and recommended.

F

Unanimously by the bloomington human rights commission- and I want to recognize ryan shaddai- who is a chair, the be hrc who is here tonight?.

F

As well, and I also want to mention that council member granger was urging that these amendments be made.

F

I'd like to briefly explain why we're requesting these changes, what the changes are and how we think your work in practice as.

F

You may know people who are classified as employees usually have some legal protections. If people who are employees feel like they're being discriminated.

F

Against are not getting paid, the minimum wage or if they get hurt in the job and their employer, is not paying in medical bills.

F

They they have legal redress., they can have, they have agencies.. They can complain to if necessary,.

F

They can go to court. These protections are never perfect, but they do help prevent abuse and mistreatment of employees, but people who are classified as independent contractors do not have these same legal rights.

F

This has become a growing concern in the last few years, as we have more people working in the so-called gig economy.

F

Or they don't sometimes have the same independence that typical independent contractors have, but they don't have a legal and.

F

Protections that employees have they're kind of in a bad position.

F

These amendments are intended to address these concerns, to the extent that we as a city can.

F

They afford some protection of people who are doing work for the city.

F

The first amendment clarifies that is that the public policy of the city, that we will not tolerate our employees.

F

Harassing or discriminating against anyone doing work for the city, whether that person is a co-worker, an independent contractor, a volunteer and, in turn,.

F

We've had a sexual harassment policy in place for years.

F

It's long prohibited employees from discriminating against or harassing their co-workers.

F

But it didn't explicitly say: independent contractors or volunteers. This policy.

F

This amendment makes it clear that we are going to protect anyone doing work for the city in any.

F

Capacity from being discriminated against or harassed, it says that anyone doing work for city independent, contractor, volunteer.

F

Who feels harassed or discriminated against by a city employee?.

F

May bring that complaint to a city official and it affirms that the city will, of course investigate and take appropriate action.

F

Frankly, right now, if we receive the complaint from independent contractor that some city employee was harassing him or her, we would take appropriate action now.

F

But this would make it clearer to contractors that they know they have the rights.

F

If they don't know they can complain, they may well not bring the matter to our attention and we want them to bring the matter to our attention. With this change,.

F

We hope they know that this remedy is available to them and then we're going to take their complaint seriously into and take appropriate action.

F

Going forward, this is past, will include a provision and contracts informing and independent contractors of this complaint mechanism.

F

The 2nd amendment requires contractors working for the city or.

F

Bidding extra bidders who are bidding for the city project are required to have an affirmative action plan on with on file.

F

What does the recording also have to have a harassment plan on file with us?.

F

It's long been considered best practices for employees to have for employers to have such a policy in place.

F

We hope this requirement will nudge more employers to do what they should be doing.

F

Anyway, having a policy for the employers to have a policy and following the policy can help employees know what to do.

F

They're being mistreated and frankly., it's very helpful to employer if they are charged with discrimination.

F

It's just a smart thing to do if these amendments are passed, people doing work for the city who are not employees.

F

Will have at least one avenue of complaint if they feel like they're, being discriminated against or harassed by city employees.

F

I'd like to give two examples of how I think it will work., let's say: you're working for x y z,.

F

Is that the company, as a laborer x y z, wins a city bid or putting in sidewalks and.

F

Every time you're on the job putting on the sidewalk to the city, there's a city employee who comes by and he harasses you.. He makes rude comments.. He insults your heritage.

F

He makes unwanted advances and it could be she I want to make that clear.

F

Under this amendment x, y z is going to have to have a fer, a sment plan and pilot in place and.

F

The employee would have a right to file a complaint with the employer x y z has a legal duty to investigate that complaint and.

F

Take appropriate action for to protect the employee from further harassment.

F

This might mean transferring you to another location., it might mean making sure you don't. Work have to work alone.

F

So the harassment may won't continue. It might mean that xyz officials need to talk to a city, employee.

F

Or supervisor, to get the harassment to stop, the company will have a duty to take appropriate action.

F

That seems likely to stop the harassment well and, what's appropriate, depends on the allegations and the circumstances if you're working for x y z and for whatever reason, you're not comfortable talking to your employer, you could.

F

Instead or also file a complaint with city officials and will take appropriate action toward the city, employee.

F

But let's say you're a one-person company doing work for the city and you're getting harassed by a city, employee.

F

You can't really complain to the boss, because you're the boss.

F

And you may not be able to walk away from that city contract because you need the business.

F

You're, a small company., you may not have a whole bunch of contracts to fall back on.

F

We truly don't think that you should have to tolerate harassment or discrimination, and it's changed for your work for the city.

F

This amendment we clarified, you have the right to complain to city officials and promises that the city is going to take a.

F

Prompt inappropriate action, as I said, these proposed amendments have the support of the administration and the unanimous support of the fluorine's human rights commission, and with that.

F

I'm glad to answer any questions you may have.

E

Thank you, mr. mckinney.

G

Do we have any counsel, my purse, any questions, councilmember, isabel piedmont, smith,.

H

Thank you, mr. chair, um yes,. My main question is: who do they report? To I mean: do they go to the hr?.

H

Office of the city, or do they go to the human rights commission if they decide the cornet report to the.

F

Silly be the department head who would take it to hr for help with any kind of investigation that need to happen.

F

And if it was the department had harassing them or allegedly harassing them., they could go straight to hr.

E

Councilmember children,, thank you.

I

Is it that were?

I

we're being presented this without the contract prepared, so that we know fully what we're voting on.

F

I was the language until it was passed.

F

But it was maybe some boilerplate language, it says.

F

Just pretty much as quoting, what's in the ordinance and in the amendments and.

F

Letting them know where they can complain to, I suppose I don't mean the contract, but the particulars of.

I

What we're being asked to vote upon.

I

I guess I don't understand why the specifics are not.

I

Lined up prior to our.

F

Consideration again, I was just waiting to see it was passed and I it's not going to be anything different from what's in the amendments., I.

I

Mean isabel piedmont, smith brought up a good question and that question can't be addressed and.

I

It's sort of important prior to considering this. This ordinance, as I said.

F

Telling the person they can complain to the department head, what department is.

F

Letting that contract hard to human resources., that's the kind of language. we're anticipating.

E

Councilmember holden,, I.

C

Wasn't going to speak, but I think, may I sort of have a similar question? Is it not?.

C

Appropriate for the language that would be used to.

C

Adjudicate a dispute to be written out.

C

Before hand is that the question that my colleagues have been trying to.

C

H

What's it gonna say,, how is this process going to be communicated to contractors and what are the steps? they'd have to take as far as.

F

For the ones from time to time, an affirmative action plan that will be in their bid packet.

F

So they also have to have a rassman plan. there'll. Be information about that.

F

There'll be a model, harassment policy and there'll, be information to contact me and they have any questions again as far as communicating with them.

F

Who do they complain to if they don't have that process?.

F

It would be what I said: complaining the department head or the main or the hr department, and if you wanted, mindy or the.

F

Ordinance to include specific language, we could work on that by next week., so this is.

C

Yeah, I mean it seems logical that if there was.

C

Specific language that would just that would describe me, I guess it's not doesn't rise to the level of city code. Does it. It seems like an odd fit to me.

F

But I'm open to suggestions. here it is, it didn't seem necessary to me,, but it's your job to decide what's necessary. What you're saying?.

C

In other words, is that we would leave to the administration, leave it to the administration to promulgate the language that oversees the process of.

C

Adjudicating a complaint and that's usually.

F

Language and contracts is left up to the administration., so that this seems like if it's okay, the regular process. Tennis, is my question.

C

I'm not sure if it answers my colleagues question,, but I'll leave it at that. Thank you.

E

Councilmember granger.

D

Thank you., miss mckinney.. I don't know who I was talking. Some lawyer type.

D

Not you,, but because I think that we were asking about this before this question before and.

D

Somebody said it's akin to our personnel policy and that's not something that is that something that counsel does not approve.. I mean, it's like a.

D

Related to that, we are.

F

We are making changes of personnel policy,, but none do blue mesa municipal code.

F

I think it's two point two two that leaves it's a human resources department to implement, implement policies and regulations for employees.

F

And that's a many changes are approved by the mayor, but it does not go to the council.

D

And contracting language that typically doesn't come to us either., that's what that's! What is a negated and I'm saying well perhaps yeah.

D

Okay., I'm just trying to think like back when we first started the human rights commission and how.

D

You know we got that wording into our contracts.. Did that come before council back then just the whole. That's even before my time.

F

D

Council member is about people on smith.

H

Yeah, just to follow up., so we had the scenario that, if there's an independent contractor, if they have a problem.

H

With an bloomington city, employee harassing them or perceived that, there's harassment, they should go to the department head right under which they're they're working for which department they're working.

H

What, if it's in, if it's with the department head the problem, then they go to hr? What if they are a.

H

Contractor for the hr department.

F

We may need a.

F

Contract you and they don't have that many contracts.

F

We may want to add a provision for their contracts where they could come straight to me.. I.

F

Haven't considered that question, though,.

H

Yeah,, I think we should spell that out., that's just to cover all bases.

H

E

Councilmember sandberg., thank you.

J

Of course., our human rights department is known for its excellence and it's cutting edge working large park.

J

Thanks to your leadership, our other cities throughout the state of indiana, have they already?

J

incorporated this, or will this be one of the first? I have not seen any other cities doing it. For my.

F

Research, we usually are a bit of a trendsetter.. I think.

F

Thank you, and we don't often get followers frankly,.

E

Any further questions seeing none. I have one miss mckinny.

E

Part of the language says such contractors shall submit to the human rights commission.: its policy prohibiting harassment in the workplace.

E

I guess my question is and your example earlier. there was a one person company or a two person company.. I.

E

Guess I'm wondering what companies that smaller they normally have legal written policies for that little company that they would then submit to the city.

E

And what happens to companies that may or may not have that? Do we assist them? anyway,? We do.

E

Policy the policy says that any contract for services- it's going to be more than.

F

$10,000, the bidder has to submit affirmative action plan with us, and I had to go buy that dollar amount.

F

Not by the number of employees, but we have a model formative action plan which companies can adopt as their own and send it back to me. And then they have implemented a policy?.

F

And I tell them if it feels silly to them. Sometimes when it's one or two employees.

F

But I tell them once you grow and you have to know 20 employees, you're already going to have this policy in place.

F

But I can't make exceptions based on the ordinance on the number of employees.. I have to go by the dollar amount.

F

I know that's fair., I was just getting it., I just didn't want smaller companies or those that do.

E

$10,000 worth of work to be pushed out of the system., we make it very easy for them. yeah.. Okay, you do.

E

Seeing no further questions,, we will now go to the public. Do we have any public comments and please approach the podium.

E

I would ask that you direct all your comments to the chair.

C

Spoken make sure you sign it, but do so after you've spoken thank you,, five minutes, five minutes per person, five minutes per person, five minutes, okay?.

K

Hello, hey,, my name is brandon drake, I'm here today to talk about how the city can better address the issues of sexual harassment and local government in late.

K

2017 I began working on a project with the monroe county government.. I was approached by a county commissioner.

K

Who asked me to start a project for her to help tackle the opioid and meth epidemic?.

K

I left my other career, her request to do this project.

K

I was promised enough funding and grant opportunities to make up for the lost income.

K

If I would sacrifice in the beginning to build to build this project with her.

K

I had a lot of love for people who suffer from chaotic drug use, so I took her up on this offer.

K

Shortly after accepting her offer though,, the former commissioner began expressing her feelings for me.

K

This made it very uncomfortable for me, but the first time it happened, I chalked it up as a silly crush when I rejected her first attempt.. She.

K

Laughed it off,, so I thought it wouldn't happen again, but over the next year and earned many more sexual advances, romantic advances and stalking behaviors.

K

They started out as annoyances.

K

They quickly became terrifying. When I was going through this, I would lay awake at night, hoping it would go away.

K

I knew if it didn't stop, the program would be in danger in the many lives.

K

The program would save was saving would be at risk, but I also had to think about the consequences to my own reputation. If I crossed.

K

A person with such influence and power within the community. she had the ability to destroy my career.

K

And it's a very scary thing to go through in my city for anyone in my situation.

K

Their worst attempt systemic barriers placed.

K

In place that made it difficult for to come forward, one place.

K

I thought of reporting her behavior to was human resources department at the county level.

K

However, I was told by the former commissioner that she had that she was the human resources boss and she had the ability to fire.

K

Them at will. I was also warned that if.

K

Anyone ever crossed her regarding her life, her sex life in politics, that a.

K

Political organization that she was a member of would destroy that person.

K

She told me that, because men have gotten away with these behaviors for so long and maintain positions of power that this.

K

Organization would destroy any man who talked about her in this way.

K

I became convinced that if I did seek help, it would do no good.

K

So I kept quiet for months as I wrestled with this problem alone. If I hadn't had the community.

K

Fighting for me on my side when I did decide to come forward. I wouldn't have made it through, and I.

K

Know not everyone will have that we have to make serious changes. I'm coming forward to ask for two things.

K

First, I would like the city of bloomington to draft meaningful legislation that.

K

Protects both contract workers and employees who work for companies with fewer than 15 workers, because that's part of the problem too, in title 7.

K

I'm also calling on city council to bring survivors to the table when you draft this legislation. Legislation.

K

These laws can't be truly effective without their input.

K

Additionally,, I'm asking for the city to establish a separate commission,, which I think would answer some of what we heard from.

K

Barbara today is to draft a separate commission form of separate commission to field sexual harassment. Complaints, in my case the friendships.

K

Former commissioner, had, with her other with the other commissioners, the human rights women resource department and the human rights commission presented a.

K

Significant obstacle to reporting, as we all know, local politics is a small pond and.

K

People who are well-connected have opportunities to extend their power in all sorts of directions.

K

To combat this, we need an independent commission consisting of experts, people with lived experience, and there needs to be procedures in place for.

K

Reporting superiors that have any authority over the existing commission.

K

The issue of sexual misconduct in the worst place workplace is incredibly complicated and deserve special consideration by commission.

K

This problem exclusively other victims who might have watched the ugly attacks on my character in.

K

The past months may now feel reluctant to come forward.

K

The way I have been treated since sharing my story as a clear warning sign to victims that coming forward is not safe.

K

County governments response raises serious questions about whether they are really interested in protecting survivors at all.

K

They have not only failed to take action to prevent future problems like this.

K

They also seem to be providing ammunition for those attacking me.

K

County government's response tell us other survivors that the government is not on their side.

K

The city has an opportunity to step up to support survivors here.

K

But if they do not work quickly, to close, this loophole will further the message that no one cares about survivors.

K

And it's not okay to come forward with their story.. I would also like from what I heard.

K

I appreciate you guys taking this topic up, but we, I would also like to give you sitter the language he and he, and and and consider non-binary people and start putting another.

K

Other language to help to help protect them as well.

K

And I appreciate the opportunity to speak today.. This was not perceived., it happened and.

K

I shouldn't have had to go through this and I had no route and to be in that situations, a scary, thing. so,. Thank you.

L

Hello,, my name is jada b, and I am here as a private citizen.

L

I want to echo the concerns that mr. drake proposed in dealing with the most recent.

L

Issues that he was facing with the county, I think the city for.

L

Attempting to put in place some protections for contracted employees., I agree with him that we should expand it.

L

I think that we should also look at other protections for city employees.

L

Beyond contracted employees beyond just sexual harassment., I think that we need to look at income protection.. I think that we need to look at.

L

You know job loss, protection and things like that as well.

L

Contracted employees are often left in the cold if something happens to them.. I.

L

Would like to also echo his concerns about.

L

The language and that when we use a binary language of she and he.

L

We are leaving out a section of our population, and bloomington has a fairly large non-binary population and.

L

We need to ensure that we are protecting them in any legislation that we do and.

L

In particular, when we're talking about sexual harassment as.

L

Non-Binary people are more at risk than other people are.

L

For those sorts of behaviors to happen to them., so thank you very much.. I think that this ordinance is needed.

L

There could be some loopholes within it so,. Please, look carefully and figure out how to close them so that all people are protected.. Thank you.

M

Hi, I'm deborah morrow, director of in the noway house, and I too would like to thank the city for taking steps in this direction.

M

You mentioned wondering if other cities around had things like this.

M

I will tell you: I have been so impressed in looking at new york city's. It's not indiana.

M

But they have a really good stop sexual harassment act in new york city. To look at. I was very impressed with it.

M

I believe I heard that there would be a model sexual harassment plan or.

M

In the paperwork that was given to people, thinking of very small private contractors,.

M

I think if you had a template that could be used by contractors., that could be helpful.

M

And I also agree with the non-binary language using they instead of he or she will make.

M

Everyone feel more included and once again, I want to thank you for your steps in this direction.

M

I know as a city and as a community.

M

We all feel the same and we do not want to see anybody experienced sexual harassment. so,. Thank you.

N

Hello,, my name is danielle bird, and I'm a bloomington resident, and I just wanted to thank the mayor's office. Councilmember.

N

Granger and all of you for listening to this important issue.. So I'm glad it's coming before you and that you're all asking really good questions.

N

So I just wanted to urge everyone to.

N

You know consider passing this and but also.

N

Looking into those issues that brandon talked about, I think.

N

My mother is a human resource director actually in new york.

N

And we were discussing this and she said: oh my gosh,. I can't believe there's no protections here, because new york.

N

They're human resource laws are very tight.

N

But she did say that human resource directors are really looking at.

N

Making sure their company or their agency is covered.

N

So it would be nice to have some sort of an independent person other than the hr director.

N

And I'm not don't want to put any hr directors down., I'm sure everybody tries to be.

N

Objective,, but I think it's important that we consider.

N

Having somebody with some extra objectivity, involved, so,, that's all.! Thank you.

O

Hello,, my name is avery williams, I'm a reporter for the ids, and I was just curious if you guys had thought with this legislation.

O

Is there any possible way that previously harassed employees would be able to reap the benefits of a newly passed amendment?.

O

I'm not sure if you guys are able to answer this type of question,, but I was wanted it to be thought about.

P

I'm reverend forrest gilmore, and I just wanted to thank you for again to echo the fact thanks for pursuing this, in pursuing it so quickly. Given the recent events.

P

In our community and just to continue to bring forth the intention of that whenever there is a.

P

Situation where someone is in power over someone else over their livelihood over their.

P

Call to do good work that that.

P

When a secondary relationship starts to enter into that, whether sexual or otherwise.

P

Suddenly there would come questions there become threats that we come challenges to that.

P

Person's livelihood and and that it's really important to acknowledge that and to recognize that power dynamic.

P

Changes the ability of someone to do their work. well,. So I just again I honor you for.

P

Stepping forward in this way, and and making it clearer and safer for.

P

Contractors in particular to feel safe in doing their work for the city., so again,. Thank you.

P

Thank you. mr. gilmore.

E

We have any more comments from the public.

E

Okay,, seeing none we'll go back to our fellow council members for comments or questions, councilmember grainger.

D

Thank you,. This question is for ms mckinney,. I know when I started on council. We.

D

We started looking at all the titles looking at our legislation and changing legislation.

D

To reflect he or she or he and she but.

D

Is this something we can do with non-binary language?.

D

We could say he she or they and apologize for not thinking about when I was drafting this.. I think that's a good idea.

F

I just think that's something: maybe we could do going forward.. I think the city is pretty good about that.

D

Let's get caught up a little bit., I'm old enough that I didn't merely think of that and I apologize.

F

E

Councilmember chopra.

I

Yes,, I think ms williams for her question.

I

And I'll pose it to staff on her behalf.

I

She asked whether or not.

I

Protections were given for people who were previously.

I

Not able to make a complaint, I think I know the answer, but I'll. Let you do it.

F

If someone had done work for the city in the past and felt like an employee and had harassed them, we.

F

Would welcome that as well and welcome sounds overly enthusiastic.

F

But we would want to hear about that and we would take appropriate action.

F

As I said, this was, it doesn't really change how we would handle it.

F

It's just a way to trying to make sure contractors know they have the right to complain and.

F

If we do have an employee who's misbehaving, we do want to know about that and we'll look into it and take appropriate action.

E

Councilmember piedmont, samantha.

H

So what about companies that do contract work for the city in an amount? That's less than.

H

F

They would affirmative action requirements cover only 10,000 or more, and I just made a parallel with that for harassment.

F

So a smaller project would not be covered by this. They would still have a.

F

Right, that's usually gonna be a smaller company and if what, if they owner the company employees being harassed by a city, employee.

F

They would have still had the right to complain about that to hr to the department head.

F

But they would not have to have a grassman policy in place., no.

H

Okay,, so they would then what we discussed earlier. They would go like to the department head first and then I.

F

Mean here would typically consult the hr to learn to.

F

Kind of sound investigator and look into the situation.

F

That's a that's our standard process.

F

Alright, one thing if I may- and one thing I want to mention, mr drake mentioned that we need to cover more employers and just employers. 15 are employees that is title 7. The federal federal civil rights law.

F

But both the indiana human, indian, a civil rights law and the bloomington here rights ordinance cover employers with six or more employees.

F

So people who work for smaller companies can file complaint with the human rights. Commission.- I just want to clarify that.

E

Thank you, councilmember, auto.

A

Union abed, mr drake, mentioned that perhaps a different commission might be in order for this to adjudicate these cases.

A

What's your feeling about that, I?.

F

Believe, most of these, as far as employment situations, a private employer where an employee feels discriminate against. I think the human rights commission is totally able to investigate those complaints and take appropriate action as.

F

Separate,, but this would be a separate city commission to do what exactly I'm sorry.

F

I forgot what the here case is about this to hear to hear.

A

F

Against city employees, yes, I work with hr very often and they take. We've had occasionally had a complaint and they take these very seriously. They do fair.

F

Investigations at hr, ceaser row as obviously protecting a city, and that means protecting our employees.

F

I meant from the discrimination and they're gonna they're, going to take it seriously and do an appropriate investigation. they're not going to.

F

With any human resource department director, I've worked with they're not going to sweep this under the rug they're going to look into it and take appropriate action,, and they certainly have in the past.. What about the hr director? Who has.

A

You know relationships with the city, employees who know them, who.

A

In terms of objectivity,.

F

I certainly when you work with people, you become friends over time, but again in all the cases I've seen they put aside the friendship and deal and doing an.

F

Impartial, fair investigation and we've taken action when we needed to so I wouldn't I don't see a need for a separate.

F

Commission and I mean once you put a new commission in place,, they're gonna form relationships. they're gonna be have friendships.

F

I'm not sure how far that would get to you.. I frankly.

E

Okay., thank you, council member granger.

D

Follow-Up, could they not approach you as human rights, director?.

D

I'm an individual, whether it's a city, employee or a.

D

Volunteer or a contractor could have approached you right?, that's a city, employee can approach me and I work with hr on that.

F

But it can be because I represent the city.. I have different hats and sometimes I'm human rights director.

F

I'm wearing that hat, sometimes an assistant city attorney., I'm wearing that hat, and I can't really.

F

Investigate but if someone let's say you, you work for the city and you want to complain about sex discrimination.

F

And you filed completely human rights commission.

F

I can't do in a fair and personal investigation that and also represent the city that would have to be filed with the indiana civil rights commission or with the eeoc.

F

Many of us wear different hats, here, right?. Thank you.

E

Comes remember bowling.

C

Yes,, I think that perhaps the the lesson of the incident that happened in the county may have been lost in.

C

Your answer to customer rallo, the the complainant who spoke tonight said that he was concerned about going to.

C

Hr at the county because he believed that the elected officials at the top had influence over them.

C

I don't see how the analogy is any different here.. It seems to me that by an independent commission.

C

It doesn't still have to be a new one, but I guess I don't get is why the human rights commission can't perform that function of hearing.

C

Being an independent adjudicator of such complaints, what would you say to that?.

F

Because I wear both hats and because I represent the city and.

F

I my job when I'm helping hr with an investigation, which happens occasionally, is to make sure we're doing the right thing.

F

But it's a slightly different thing than being a investigator and and talking to which is slightly an intersection.

F

It's hard to I'm not putting and very putting it very well,, but it's just wearing a different hat.

F

But but you have my assurance that every hr director I've worked with it would take this seriously and.

F

We I'm not going to go into examples obviously,, but we've had examples where department heads were.

F

Reprimanded for what? they had done. I mean whether or not there's a friendship or relationship.. I mean,. I have no doubt that.

C

That you know,, I don't question the integrity of any employee at the city. That's not really the point. The point is that.

C

To put this investigative requirement on even hr, even though they I mean as a lawyer, you have a.

C

Higher standard to bear you,, you know you, you.

C

C

Legal sanctions, if you don't represent your clients, faithfully, right,, but.

C

Somebody's, not a lawyer, has a bit of a lower bar and.

C

You know,, even though, like I have no doubt what you say is true, and yet it doesn't even matter. what matters is that?.

C

There at least be some kind of separation of the investigation that that's why I don't.

C

Are you saying that the human rights commission that you're the liaison to the human rights commission and that that's why.

C

They would not be sufficiently independent, I'm the director of human rights, commission and every investigation. We do is done by one of the commissioners and me and we're doing the.

F

Investigation,, but that's not with city employees, that's with a restaurant in town, a store.

F

Whatever those kind of situations. okay,, so why I mean that's another thing too,.

C

I mean the human rights commission is independently appointed citizens.. Is it not correct?? How are you, the director of it?.

C

What does that? Mean?? I've never heard of a board., of course, not as a director.

F

May be unique,, but that's that's one of the titles I have and state law, no, okay,, but.

F

Obviously, somebody has to be in legal who's, doing intakes who's, talking with complaints, complaints, who's doing the research who's. Reviewing the.

F

Responses from respondents and all that sort of thing, and that typically.

F

Commissioners are not going to do that, that's going to be a staff person and I've always been called the director instead of what somebody.

F

Might be caught in planning or whatever I mean, do you understand my concern? I do, but I'm not sure how to address it. Franklin.

F

Do you think that an independent, a.

C

New commission would be problematic and if so, why. I really have not given that thought to have an opinion on that. Frankly,.

F

Okay., thank you.

E

Council member sandburg.

J

Maybe kind of unravel this, I think you, as I sit here with my copy of the molo report,.

J

Which I plan to read over the weekend., may I borrow that when you're done?.

J

With my read actions or my highlights., I think the point here is a matter of integrity and.

J

This book, I already know what I'm mostly going to get out of it.

J

Which is no one is above the law, and that includes the president of the united states.

J

And so, at the very least, at the local level, when we are enacting protections like this, that are meant to help.

J

Tighten up loopholes, we entrust that there also needs to be a due process in place and that.

J

The people that we entrust to do that, whether they are guided by attorneys, such as yourself or guided by.

J

Department heads such as our hr director, it will kind of depend on what the complaint is and who's it's against is the who is most appropriate to hear it, and I.

J

Think what the public is going to need to hear from you and all of us up here who are enacting. This is.

J

That we will act under the utmost of integrity and regardless of who it is against whomever it is.

J

It's going to be given a fair hearing and all due process.

J

Is that something that you can assure without us having to talk about an independent commission,, which I frankly think is not necessary?.

F

Frankly,, that's one of the purpose is an amendment here was to make that clear to the public that we take this seriously. We took.

F

It seriously before this was considered, but we would in the future and want people to know that, and I.

F

Can't say in the future that we may have people who misbehave and who don't follow this properly.

F

But I've been with the city quite a while, and I've never seen that I've I've only seen department, heads and.

F

Mayor's and frankly, council members, who would take this sort of thing, seriously?.

F

Right,, and that would certainly be any of our.

J

Responsibilities, whether it was a council person or the mayor or anyone to make sure that any charges that came forward.

J

Were taken with all due seriousness, regardless of who it was against, that's certainly been the history that I've said certainly would be my intention. thank you.. Thank you.

E

Council member granger.

D

Thank you, I'm gonna step to our personnel policy because maybe.

D

This is akin., I mean I can't, for example, if somebody says I'm.

D

In the city I'm being discriminated against because I'm I'm black or something.

D

By whom, let's say by the personnel director. mm-hmm,.

D

Is it in the personnel policy where that person would make a report?.

D

Because you know,, usually there are steps you talk to your supervisor.

D

And if it's your supervising you talk to this person, if it's this person, you go there you're talking about a city, employees.

F

Yes,, like person so in our personnel policies, if somebody thinks they're being discriminated.

D

Against or that they.

D

Being overlooked for something I mean, if they're filing something against their.

D

Their department head, then they would go to.

D

Human resources,, but if it's human resources.

D

Does it say in our personnel policies where they should make a complaint?.

D

I believe there's a but what we call bypass procedure where they could go probably to legal department.

F

I haven't looked at that for a while and I'm not a hundred percent sure of that. but again,. I never seen that happen.

F

I hope I never see it happen,, but there should always be a bypass. yes. sure.. So if your.

F

Supervisors and wondering harassment, you have another place to go through, but I'd have to review the policy to be certain of that language.

F

Do you think you could do that for next week? of course? yeah.? Thank you.

E

Council members terrible.

Q

Just my question, thank you. Thank you. Councilmember piedmont, smith,.

H

Yes, what if the complaint was against the mayor?? I mean all the department heads work for the mayor right?, so.

H

H

What's the safety or the go around if the mayor is the one who.

H

Allegedly has done something improper.. That would be a very tough question and also be the same if it were councilmember being accused.

F

Elected officials can't really be reprimanded, can't be suspended for 10 days or the things we do in our personnel policy.

F

I would think in depending on the circumstances, it may be something where somebody comes to us and says the mayor makes me feel uncomfortable and it might be a situation where just.

F

Talking to the mayor and saying, did you know this person felt like this and.

F

Trying to mediate it that way, it might mean that we'd have to do something to make sure this person doesn't have to work with the mayor anymore.

F

But we're limited what we can do in that circumstance. frankly., I mean people elected officials can't be removed, except for very limited examples.

F

I think a criminal conviction and they just eat something something about being drunk on the job,, which I was not familiar with.

F

I'm sorry, I missed that last thing they ht when they were covering the county changes, says something about.

F

Elected officials could be removed for being drunk on the job., I'm not with that language,. But that's what the ht said.

H

So, as far as who they would report to, it would be the same even though.

H

The department had or the hr director both work for the mayor again.. I don't know what else you would do in that situation, right?.

H

Yeah,, that's I mean maybe.

H

That's an argument for an independent body.

H

It could be and again.

F

Every mayor I've had the privilege of working with would be very concerned about that kind of allegation and want to address it. I think, but we.

F

Can't guarantee that in the future. yeah thank you.

E

Councilmember bowman.

C

What, if any provision is there in statute for the impeachment of a local official.

C

The impeachment of a local official, that's the what law I mean, what law is there to remove a public official for misconduct?.

G

The council can go through a process to remove. I.

G

You need to have much closer, sir. Under local code, the council can go through a process to remove.

G

City officials,, but that local code is enabled by state code, isn't it?. I don't. I don't know that.

G

We do have, you do have the power to remove.

G

The council does, let me find that language., what about the mayor?.

C

Is there any provision in local or state code that would allow for the removal of a mayor for misconduct.

C

Would it require a lawsuit somehow now.

G

Were you narrow to talk about this incident or do you want to just in general, because there are the council.

G

Elected officials can become ineligible for service based upon certain acts like committing crimes, and this and that.

G

So just be aware of that well,, the specific question has to do with I mean in the county. The commissioners are both the executive and the legislative body.

C

Whereas here the mayor is the executive- and we are the legislative in the county council- is the fiscal body only.

C

So we need to you I'll reach you, our local code.. It does not.

G

Provide the basis for removal.

C

I don't need it. The code read to me.. I just want to know whether there's any basis for the removal of the mayor.

G

It applies to any officer or employee.

G

Against whom charges are sustained.

G

And they talk about the conduct of investigation, so so, in other words, the council has the ability to remove the mayor.

G

C

That's that's, I didn't think so,, but I'd like some, you know,. Thank you.

R

It's a very good question and it came up when all of this was happening. Recently., it's complicated and they're very specific.

R

Circumstances under which you can remove an elected official as dan said, council members,. I believe.

R

Can vote? I don't know the process to remove one of their own, but no.

R

We will have to research that if you really want to know, I don't think it applies to what we're talking about here.

R

Particularly,, it almost literally is the issue.

C

That's what the issue was in the county, that an elected executive, official.

C

You know and a contractor this is the it's very hard to remove an elected official, so.

C

Agree,, I'm just asking look at that and fine and give you some report next week.

R

But okay, the council can't remove the mayor., that's one answer.. I didn't think so.

C

I was just asking to to vet to verify it,, but.

C

It's pretty egregious behavior.

R

That you know, as he said, like a crime.

C

I can this literally, why we're here talking: tonight,, isn't it?.

C

That what I mean wasn't there egregious behavior that inspired this legislation.

R

Did not happen in the city. well, I. What I was going to say is, I don't think.

R

It impinges on this or affects this ordinance that we're asking for.. I don't. I don't think I.

R

Mean that's a matter of state law.. Maybe I should ask. how long is this?? How long has this ordinance been in development?.

R

About two months, maybe was it not in response to recent events?? Was it not sort of a yes?.

R

No, what I'm saying is: I don't know that we would put removal of an elected official in our ordinance because that's a matter of state law.

R

Okay, dad. thank you., appreciate that.

E

Council members., it's a sandberg.

J

If we are going to be looking at other examples between now and next week and mrs.

J

Mckinney here at the podium now,, we would have to look at indiana attorney, general,, curtis hill and.

J

Many of the sexual harassment allegations that were brought against him, which never seemed to go anywhere.

J

He's still in office and doing his thing and doing other things for women in indiana.

J

My understanding is, there are civil suits, or at least one civil suit.. That's still pending.

J

With respect to that, so there might not be anything that there's also disappoint.

F

Issues before the commission that disciplines attorneys and may I answer?.

F

Some women granger's question you'd ask about what you would do if the human resource department director was.

F

Accused of harassment, our policy and maybe it needs a little adjustment.

F

Thank you clerk bowden for bringing this to me an employee who believes he or she has been subjected to harassment or discrimination.

F

Is defined in this policy shall report said conduct to the department head, and/or, the human resources director and or his or her designee.

F

So if someone did have a complaint against our direct human resources, director.

F

I guess she would point a designee to investigate it, because obviously she couldn't do that.

F

And it would probably need to be somebody outside human resources department, because they all report to her. it'd be an awkward situation.

F

Again, we've never faced that, but I think that's how I would handle it.

E

Comes with mr. bomb, thank you., it was a charge against an elected official.

Q

Would you still review it make a report on it?, even though there's nothing that you could actually do but produce an.

Q

Objective report I mean we think we would and again I think, a lot of people. A lot of elected officials would want to know that this.

F

Complaint was filed with against them and want to know what they could do to address it, because I think most at least most elected officials in bloomington are.

F

People of goodwill, who would be who would feel bad that this.

F

Someone felt this way about how they retreated and would want to make the situation better again.

F

Like the recent issue at the county, there are going public with these kind of things helps address it to some extent. Our.

F

Voters have the last thing, but it wouldn't necessarily be buried just because it was an elected official. Not if I were involved.

F

If there was any reason I didn't keep a confidential yeah,, I would think for clarity and transparency. You would.

Q

Even make a greater effort to have a report. that's clearly well understood right?, I mean if we're gonna hold.

F

Some labor to these standards. we should hold elected officials to some more standards.. I would say, right.

E

Council members chopra.

I

Appreciate some research on that question, I tend to disagree as to whether or not the city's human resources has the authority.

I

To investigate something related to an elected official, we would attempt to investigate.

F

Well, I just I would like some research and I don't you know.

I

We need to do things, right?, whether or not we want it to be that way as one thing and whether or not it's the right thing under the laws, another.

I

Thing, I think, that's what I'm asking. okay,. I can do some research.. I can't think anything in a prohibited other than being awkward.

C

Okay,, I do have one comment with yes: ma'am.

E

B

Think councilmember chopra was part of that. Your concern about having human resources, research.

B

Misconduct by an elected official, the concern about having a separately elected branch research, the legislative branch., is that what your concern was just.

B

I

Has any authority whatsoever ever over an elected official.

B

Well, that's different than I thought you were raising., so I thought you were raising more of a concern about.

B

And the branches but okay.

F

And I wouldn't say we have authority to do anything to the elected official. But we have authority to look into the situation and.

F

I would think so I.

E

Have a question specifically with the office of the mayor: does the brief does a recall vote ever come into play.? Where does that follow? As far as state law?, I have no reserve no idea.. I.

E

Mean,, I think we're looking for not not a way to.

E

But how to address something should happen. It don't seem to be that that's there.

E

I don't believe that's where I'm meeting in indiana,, but it's not something I've ever researched.. I've never heard of it.

E

Okay,, are we ready to pass a or consider.

E

Council comments.

E

Don't consumer grinder.

D

Thank you,. I think we we we did go far afield in relation to this ordinance.

D

I I think we need to do some more work on our personnel policies and.

D

And again,, maybe that's not our purview,, but I think definitely.

D

We need to do some more work there., but as far as looking at this actual.

D

D

Think we have to pass it.. I think I'm going to.

D

Consider an amendment that would detail a little bit more about the.

D

Process for making a complaint.

D

And I think we have a lot of questions that.

D

People have asked that maybe we need to.

D

Wait to get the answers until next week.. I.

D

Am supportive of this,, but I'm going to pass because I want. I want us just.

D

Maybe think if we can do a little bit more make it a little stronger ordinance,, but I appreciate the efforts of bringing this for so it's.

D

Very important, thank you.

E

Councilmember sandberg. thank you.. I will pass.

J

As well with respect to the fact that this is a work session and.

J

As is inevitable, with the great feedback from the public and with our own good questions,.

J

There certainly at least one word that we can tighten up, if not other.

J

Matters as to procedure, the due process, part of it., I think in and of itself it is absolutely the right thing to do.

J

And so I will be ultimately voting in favor of it with the eventual tweaks are going to happen between this week and next. Thank you.

E

Councilmember chopra.

I

Absolutely think that this is the right thing to do, and my questions have.

I

Everything to do with form and not substance.. I just want to make sure that we've got it, right.

I

And that's why I raised those concerns.

I

I was concerned about bringing this.

I

Legislation as a reaction to a local political event or events and all of that., I want to make it perfectly clear that.

I

My vote this evening is absolutely not a commentary on that whatsoever.

I

Either way, thank you.

E

Councilmember piedmont, smith,.

H

Yeah,, I think it's it's really unfortunate that we had to have a very.

H

Terrible incident from everybody involved.

H

Before we realized that we didn't have these protections., so I think this is.

H

Really good, I.

H

Wish we had thought of it before.

H

The incident this spring, I.

H

Also, would like to see more details.

H

Because the language that we're voting on is really just saying, okay,, it's our public policy.. This is going to go into our.

H

Municipal code, that it's our policy to you know, stand against harassment for anybody who does work for the city,. So that's good.

H

And then the only other change is about.

H

Any any contractor who has to have the affirmative action?.

H

Policy also has to have the harassment anti-harassment policy., so it.

H

It does I mean these are very good changes,, but it doesn't really spell out.

H

Procedure and so I'd like to see more details about that before the final vote next week,.

H

As to this part of the municipal code., there's only I.

H

Did control eft and to see where it says he/she.

H

And it's only in one place and I I do intend to to propose that we change that.

H

It is in the new language and I think we need to change that today.

H

To be all inclusive, I take to heart what people said that.

H

You know people who do not identify as one gender or the other of the generally accepted.

H

Genders are more likely to be the victims of harassment., so I think that we do need to.

H

Do that in this code, and and and probably look at other parts of our code as well.

H

So,, I think I will also be passing because I'd like to see more details before next week. Thank you.

E

Councilmember stir bomb. I.

Q

Think I would like to hear some kind of.

Q

Bypass procedure, when an elected official is.

Q

Involved., I don't know what that is. I I guess I challenge legal to think about that, so that if there is that kind of conflict of interest in.

Q

Investigating there is an alternate source that could be safe and neutral.

E

Counselor might provoke. I.

C

Want to concur with most of what my colleagues have had to say.

C

The key thing, though, is that, if there's a reason why I left it., I mean it could be.

C

Relatively easy, if there weren't laws, protecting elected officials to.

C

Make legal threats that would encumber their ability to do their elected duty., so the standard for.

C

Removing an elected official has to be higher, but we already do have the standard, for I mean the the body as a whole.

C

At the very least, can police its members, but this body has to recognize that it has a.

C

Judicial liability, in times of crisis, in other words, when an elected official, is involved.

C

As far as the mayor goes, that is literally, I think, the reign of statute that we.

C

For the same reason that we shouldn't be able to be threatened with, you know,.

C

Just spurious legal attacks in order to thwart our ability to legislate.

C

So with that we're co-equal branches of government, at least under statutes concept, but there have, but I mean.

C

The question, I think, is still legitimate: the.

C

The example that I believe we are reacting to with this legislation.

C

Was of an executive official who was also I mean,? Maybe this is a commentary more on the.

C

Misbegotten organization of county government anything else?, it's not no one. Individuals fault that.

C

The county commissioners are both legislative and executive, and maybe that should change, but that's up to the state to decide.

C

But we are talking about there's between an executive and legislative. and in this case. I don't think there is any.

C

I mean what we've heard from several people tonight. Is that there's no.

C

Authority of this council to impeach an executive of the city.

C

But we need to find out what recourse there is if the executive of the city is involved in the harassment.

C

Indicated other than that you know, I'm. I think that this is a good action.

C

I want to see it passed I to agree that we need to see.

C

More of the policy language that will be used., but ultimately I think I need to have that question answered.

C

What, if it's, the mayor, who is the perpetrator of the.

C

Bad behavior and how does that get handled?.

C

Maybe that doesn't need to be in the legislation, because it's already handled or something else., we need to know what that is. Thank you.

E

Councilman barolo,, I.

A

Overall support the ordinance, but I have similar concerns raised by the public and.

A

And during debate tonight about the.

A

Separation necessary to ensure objectivity.

A

For those who are receiving the complaints and potentially involved in the investigation and.

A

Particularly with elected officials, so I'll be passing this evening and discussing with my colleagues, maybe some amends.

E

Thank you, councilmember sandberg,.

J

Thought just occurred to me as we're having this discussion about the proper jurisdiction for who?.

J

Various complaints might go to with respect to elected officials and.

J

In the week that we're going to be doing some research, it just occurred to me that the party chair of the offending elected official might need to have some role in.

J

Whether it's a censure or whether it's an investigation.

J

Oftentimes these things, when they're of a political nature, they kind of handle themselves.

J

If you are a part of a party that also agrees that, if you've got an offending member in your party, that person needs to be.

J

Talked to at the very least., I don't know if that has anything to do with what the city of wilmington can do.

J

But it is definitely a factor with all things: political.

E

Councilmember bolin.

C

The only problem customer sandberg's recommendation is that if there is an elected official who was.

C

Independent of a party then there's I'm not sure how a party chair would.

C

Would would be involve about so we have to take into account the possibility that there might not be a literal, partisan.

C

Issue and that there might not be somebody to call and I'm not sure that that's a question., I question the legality of that.

C

Facet of the issue, but I am general, I take her point. thank you.. Thank you. Any more council comments.

E

Before I'm sorry, no fear if they can appreciate it., I will say this: this is.

E

Updating and amending title to as we've discussed and.

E

We have some that say yes.. This is a reaction to some of the things that happened. Others say not so much.

E

I will tell you this is a direct reaction to what's been happening in this community.

E

And I think that we need to make sure that we cover loopholes so.

E

That there's a smoother transition. should we have these allegations this type of behavior?? I.

E

Do think, with all the conversations and recommendations and questions. we've had that, I think it's prudent on me to pass this evening.

E

But I just wanted to say that this is definitely a reaction and I think.

E

It's proper for us to do and I think my colleagues for the.

E

Proper questions and comments this evening. are: we.

E

Seeing no further comment from the council we'll start on my right.

S

Yes, pass pass, pass, pass, pass.

E

2:07 on this do pass recommendation.

E

Okay, thanking just you ready, yeah next time. The second item of business this evening is.

E

Resolution 1908- and we have asked this evening to be here.

E

E

Ambrose kobe, director of bloomington housing authority and philippa guthrie corporation council.

E

And miss kobe: will your attorney,? Will she be presenting this evening? I'll be presenting this information. okay. well,? I just wanted to get her name on the record.

T

My attorney's name is amanda stevens,. You know stevens. thank you. good, to see you again.

T

Hi,, I'm bruce kobe executive director of the bloomington housing authority.

T

Joined by amanda, stevens, and also the chair of our board of commissioners, william hosea., I.

T

Wanted to take this time to thank you for the consideration of our almost 60 year old.

T

Cooperation agreement between the city of bloomington and the bloomington housing authority.

T

And also to tell you what the housing authority is up to that triggers the needs for these changes within the cooperation agreement.

T

We're pursuing a federal program called a rental assistance demonstration.

T

Program and it'll help us access much needed funding to do renovation work for our public housing communities.

T

It is complex and probably something that you're not familiar with, so I wanted to take the time today to walk you through what rad is and.

T

Why it impacts our existing cooperation agreement.

E

Okay,, mr. colby., can you hang on just for a sec?? Yes,.

E

Okay,. Thank you. Please presley sorry about that,, okay,.

T

Brad is a federally funded voluntary program through the us department of housing and urban development and.

T

It's designed to help housing authorities preserve their affordable housing of which, at the pha, we have.

T

312 units of conventional, low-income public housing that we own and operate.

T

It allows us to access financing that's often available to the private sector like low-income housing, tax credits and loans.

T

Which we don't have access right now, because hud has a deed restriction on our property,, but.

T

Rad would allow us to break that restriction and access these resources and.

T

It allows us to convert those public housing units for a one to one ratio.

T

One-To-One conversion from public housing funded subsidy to a project-based section, 8 funding, and it also has.

T

Guardrails that have strict protections for tenant rights.

T

Okay,, so more specifically, why rad changes our cooperation agreement.

T

The first is the addition of new partners.. Our current agreement is just between the housing authority and the city of bloomington.

T

But when we're accessing these new financing, resources, there's.

T

An entity we created summit hill, community development, corporation., it's a 501c3.

T

Wholly owned and controlled by the housing authority as the same board has our board of commissioners. That.

T

We would want to be within this cooperation agreement and also a tax credit investor.

T

These investors are, you, know, investing in equity for those low-income housing tax credits of which a large portion is going to be used to.

T

Fund the renovations- and we would want that investor partner to be part of this cooperation agreement for the.

T

15-Year compliance period of those tax credits and after that's over.

T

You know,, we would ask that partners, it just kind of falls off of the cooperation agreement.

T

Also, currently, the main reason that we have the cooperation agreement and what I come to you each year for is the payment in lieu of.

T

Taxes,, so we would want to.

T

Ask for the long-term forgiveness we're asking for.

T

40-Year forgiveness for those payment in lieu of taxes.

T

Number one: it helps provide predictability.

T

In our financing plan,- and it also helps with our operating costs., it's just another expense that.

T

We're not obligated to pay and just to remind you, we haven't paid the pilot for at least 30 years. That could be longer.

T

But we found records going back at least 30 years that has been forgiven.

T

By you all, and also it's just outdated.

T

Like I said,, the report is close to 60 years old were not the same housing authority. I mean back in 1961.

T

Having a working toilet was kind of the goal for some urban renewal efforts. and right now we have a lot.

T

Different goals that we're pursuing.

T

Okay, just to get into that partnership structure and why we're going beyond just the housing authority on the cooperation agreement.

T

So this is an example of when we do our first.

T

Rad conversion and we apply tax credits and other financing tools to it.

T

We're creating another project, which this example is our first phase, which would be a reverend butler community and walnut woods.

T

We're calling it rad one and it would be owned by a limited partnership and that limited partnership is made up of.

T

The tax credit purchaser that tax card investor,, which is to be determined., they would have a.

T

99.9 percent ownership.. They want to read the maximum benefits of those tax, credits, right?.

T

And then the general partner which would be summit hill community development corporation wholly owned and controlled by the housing authority.. It would have a point zero. One percent.

T

Stake in the partners that general partner summit hill, that would also do the property management.

T

We have a couple other.

T

Factors to consider that I want to point out.

T

Throughout all of this, the housing authority is going to continue owning the land.

T

So that will never leave the control of the housing authority and the land will be leased to this partnership.

T

Also, we have a developer called brin shore development.

T

They're going to be helping us put together the financing packages and also with the renovation work., so they're part of the partnership for.

T

A short period of time, as in two to three years until.

T

Substantial construction completion that's necessary because the housing authority doesn't have renovation experience actually acting as a general.

T

Contractor and meeting construction completion guarantees and such it also gives us.

T

Some extra points scoring for tax credits and credibility to the investor.

T

Hut is a part of this, in that we have.

T

Housing assistance payments contract with them. That contract says that they're gonna give us that.

T

Section, 8 housing, assistance, payment funding and also there's a use agreement, and the use agreement is a 40 year.

T

Mandatory agreement that says the property is income restricted., so it will continue.

T

To serve families that are lower income and the rents have to be kept low.

T

Based on that hud use agreement.

T

So how does our traditional public housing program compare to rad.

T

Traditional public housing, the funding is a rollercoaster.. It's continually decreasing, it's unstable.

T

It's hard for me to make a budget cuz, I'm not quite sure what congress is going to allocate our rad property conversion.

T

I'll have more stable, predictable funding, section 8, it's more.

T

Politically popular., it's funded at or near a hundred percent.

T

Traditional public housing I mentioned that deed restriction.

T

I can't go out and take out private financing, but under rad I am able to access those other.

T

Resources to get them money needed to make the unit repairs.

T

We are also seeing,. You know our buildings continue to deteriorate now. If we can't do anything about it,.

T

But with rad we're able to address those and also public housing, the current tenants really have no flexibility.

T

You can't go from public housing and have the right to access other programs.

T

Another public housing in another community, however, under rad there is a provision of housing choice where they.

T

Become eligible for using their voucher on the private market after a year.

T

Just to set the record straight it'll help us secure millions of dollars for much needed repairs.

T

It's we're striving for permanent affordability and maintaining residents rights.

T

It's not privatizing the housing like I said,, the housing authority will maintain ownership of the land and our 501 c 3.

T

Will be managing the property and part of the ownership structure, we're not displacing families. we're doing a relocation plan.

T

As the renovations take place,.

T

We're not raising. the resident rents, the concept of all of our residents pay.

T

30% of their justin monthly income stance and we're not reducing or demolishing any of the units.

T

We'll still keep our three hundred and twelve.

T

I mentioned most of these already, but again it provides more stable funding platform money for those repairs. We have aging infrastructure.

T

Our gas lines electric lines, those utilities are aging, we need to invest in them and it's really expensive.

T

We're going to maintain control and management of the properties and encourage active participation.

T

We also need to upgrade our accessibility requirements when the units were renovated. Several years ago,.

T

We met those accessibility requirements., however,.

T

They're different now and we have to.

T

Add some extra things to meet those accessibility requirements.

T

Just to talk about how this is funded,.

T

This chart with the colors like the green and the blue.

T

Under the sample public housing conversion per unit, monthly.

T

It's really illustrative that our level of funding from hud isn't going to change.

T

In that, the idea of rad is you're, converting your public housing subsidy to a voucher subsidy.

T

This example shows that a unit.

T

Has a total income to the housing authority of.

T

792 dollars of which the blue is what the tenant pays in rents in this example.. It's.

T

318 dollars, so that would be 30% of this family's income going towards rent.

T

We right now under public housing, we get a little bit of money in a capital fund that helps pay for physical improvements., and then we also get operating fund money.

T

With the rad conversion, the operating fund and the capital fund is just in the same amount.

T

It's just converted to a different source, the housing assistance, payment.

T

Which is under the umbrella of section 8, and so the funding doesn't really change. it's just where it's coming from.

T

On the other slide of this, on the other side of this slide in the yellow.

T

This is our hud issued rents for reverend butler in walnut woods,, so.

T

The idea, is that these rents.

T

In total would equal what we're getting?.

T

Currently in our public housing subsidies., so these are issued to us.

T

By hud for a one-bedroom in 620 dollars, a two-bedroom 804 dollars and a three bedroom, one thousand and fifty six dollars.

T

So these are really low.. I doubt that any.

T

Private developer would be able to make their deal work,, which is another reason why.

T

Forgiveness of this pilot in a long term.

T

Time frame really adds predictability and helps us when we're working with some lower potential income. Rents such as these.

T

Just a snapshot on the financing structure,: this is a very tentative. These are not final numbers at all,, but.

T

Conceptual we have our construction sources and our permanent sources.

T

Tax exempt bond., we estimate about four or seven point: six million in.

T

Tax exempt bond financing a taxable tail of about seven hundred thousand.

T

Tax credits about seven hundred, eighty-five thousand for the construction source, and then a seller financing. Note.

T

This isn't a cash transaction., it's all on paper.. It's a creative way that.

T

The property the project makes payments.

T

For the land lease. it's about four point: six million and then our permanent sources.

T

There'll be a private first loan again that tax credit equity.

T

Some soft funds, like we're asking for funding from the city for home dollars and the housing development fund.

T

We get in that seller, financing note and then the housing authorities putting in some reserves.

T

The scope of construction, we're looking to start reverend butler in walnut woods for a total of hundred and sixteen units.. It's about forty to forty five thousand per unit and hard construction.

T

Costs for a total of about four point: five million.

T

Again, those infrastructure improvements are huge things like mechanical closets, furnaces, a/c, water heaters and reverend butler are.

T

Roofing electrical systems and walnut woods need upgraded overall, all units, new flooring, kitchen cabinets.

T

Think of it as a facelift inside the unit's.

T

504 accessibility, it's somewhat similar to a da accessibility, not quite the same technically.

T

Things like ramps and also units for hearing and visually impaired.

T

And then last I'll just end on the resident protections, I have a little bit more about resident protections,, but this hits the high notes.

T

Again, tenants continue to pay 30% of their household income.

T

Initial income eligibility, anyone that's living in the.

T

Units currently they're not rescreened and they're, automatically eligible after the rad conversion.

T

They do have a right to return if their unit is renovated., they have a right to return to the project.

T

No rescreening this aspect of choice mobility is that there's a voucher tied to the unit,, but after the tenant lives in it for a year.

T

They can become eligible for a voucher that they can use on the private market.

T

And so we hope that they love their new renovated unit and they want to stay in our community.

T

But hey, we're all about housing, choice. and and that's a fundamental.

T

You know rule that we have to follow as a public housing authority and a recipient of hud dollars.

T

We have to support resident rights in terms of organizing and things like a resident council and.

T

Similar grievance procedures, eviction protections.

T

And all the leases would be renewed for existing tenants., so.

T

Those are all the high notes.

T

And happy to answer any questions.

E

Thanks, mr. colby, for presenting resolution 1908 do we have any comment from kind of I'm sorry, questions councilmember boland. thank you.. Thank you for the presentation.

C

Very interesting, interesting new development.

C

The the first question I have is the d in rad.

C

Its, what is rad stand for again: rental assistance, demonstration?.

C

What does demonstration mean?? Why do they call it that? I think, because it's a new initiative and.

T

It seems like that's a way that they can.

T

Add guidance and changes to the rules without going through a formal rulemaking process at hud.

T

So they're able to kind of revise it on a whim if you will. well, the other more trenchant question,, I think, is that the.

C

That rad allows these new.

C

Flexibilities through a partnership between the housing authority along income, housing, tax, credit investor.

C

But the second entity is a was a language it just like a.

C

Developer or something like that?

C

tell me more about that second entity, who would be the second entity in that.

C

So we were really deliberate about how we structured that relationship with the developer and what we wanted. The developer to bring to the table.

T

So our hope is that that developer adds capacity to what we can't do at the housing authority, one of which is.

T

Understanding the complexes of complexities of putting together a financing deal so.

T

We hired branch or developments, one of.

T

Developers that wanted to work with us here in bloomington., we went through a competitive bid process to find them.

T

Helping us with those financing packages, and also they have an arm which acts as a general, contractor. and so they're helping us also with.

T

Renovation work, they also help meet the guarantees., so.

T

You have to have about two million dollars liquid cash to meet some of the guarantees for a tax credit investment.

T

Which we don't quite have at the housing authority, we.

T

Weren't really designed to do development work, so we're trying to get there. But one way is having a strong partner like that development entity that can bring to the table those guarantees and also.

T

Has a history of doing rad, conversions.

T

So when that investors, looking at you?, they can say oh they're, working with this developer, like brin shore, who has a lot of experience that has done award-winning.

T

Projects and they feel about a confidence rather than you know us being just new at the table, trying to figure this very.

T

Complex program out on our own, just for the sake of.

C

Being explicit., what is it?, what is in it for the developer, who partners so they get a portion of the developer fee.

C

Give me for any given renovation project.

T

The developer fee is kind of an incentive of.

T

Tax credit financing,, so they it's kind of like you're allowed profit. If you will.

T

So we're sharing in that developer fee with them. and does that feel very flexible.

C

In other words, when you had a low, he had a bidding process.

C

I mean all the bidders know what the upside is,, which is not very big.

C

I guess I'm just not being able to grasp the nature of this partnership.

T

We we have a development agreement and those business terms are worked out on how the fees are split.

T

Also, brin shore has allowed ability to.

T

Put in a certain amount of profit within the construction budget that I see da the state entity that.

T

Sort of dictates the rules for the tax credits.

T

They also get that profit as well.. Do they do they bear some responsibility?.

C

As a result of the partnership, is this like a construction manager?, they like the new?.

T

Manager system they put up the construction guarantees,, which pretty much tells the investor.

T

This is going to be done on time and fully leased, so they have a stake in that.

T

And then the housing authority covers other parts of the guarantees as well., so yeah.

C

And how many of the bidders were?

C

local or state bidders.

T

There were a couple other from the state., but again, we were looking for a high level of experience.

T

Good business terms.

T

And just some other scoring factors. Thank you.

E

Councilmember granger.

D

Thank you., I thought I heard you say that the city.

D

You're asking the city for some funds, but then in the.

D

Agreement, I see that the city is paying zero dollars., so I'm confused. did I miss here. You a.

D

Couple of slides back, you said something about.

D

That you were asking the city for some funds we put in applications.

T

For some financing alone through the home, dollars. okay., thank you and also alone through the housing development fund.. Thank you.

E

Councilmembers turbo.

Q

Does the income qualification change in any way over time and.

Q

Are there are any of these is going to be able to be rented at market rate or?.

T

No to the market rate right now, based on our current financing in.

T

20 to 50 years., maybe I would love to see mixed income communities as long as we're providing.

T

The same number of affordable units, the income restrictions, do change when tax credits are applied.

T

Versus what the public housing standards are, so the public housing eligibility is.

T

80% of the area or the median area income are below, but with tax credits, it goes to.

T

And with the voucher program, it goes to 50% of the area, median income or below.

T

However,, a large majority of the families that we serve.

T

Almost all of them actually are at 30% of the median income are below.

T

All right., so all the tenants will be at 50% or below in the new.. Yes,.

T

So it's actually stricter. yeah,. It is a little bit stricter.. It's very rare.. We have anyone living in public housing at that.

T

Near eighty percent level right and are other people who are paying full rent without assistance to full rent cost.

T

Yeah, there are a couple: okay, thank you.

E

Councilmember rowland.

A

My question is about the rad obligation staying in effect for forty years and that includes,, you know, weaving of the tax obligation and the four debility component.

A

Why forty years?? Why is that just an arbitrary number or?.

A

Or why not in perpetuity? I would love into perpetuity.. I made it 40 years because that's the.

T

Rad use restriction on the property, so this document that says it must be affordable after you convert through rad for 40 years, mandatory.

T

So I made it to match that I see so it must be.

A

So in man days 40 years.

A

T

It actually mandates that 20 years with a.

T

Mandatory renewal for another 20 years in case you happen to read the brad user agreement in detail.

A

Okay,, I don't mean to quibble about something for 40 years in the future,, but.

A

Why not just have it in perpetuity. I mean if there's no reason to.

A

Have I mean if it's mandatory, 40 years,, that's a minimum.

T

That was great,. I would take that I just I don't I don't know what will happen beyond 40 years or you know.

T

This money is used towards city services and I.

A

Mean the former agreement was in perpetuity,, wasn't it?.

T

It was not it wasn't. It said that we had, we were obligated to pay the pilot and we came and presented to you.

T

We presented to city council and it was forgiven every year., oh.

A

Right., it was just the practice. yeah. yeah, I see. yeah.

A

Okay.. Thank you for that. Thank you.

E

Councilmember grainger.

D

For 40 years, if you want me to come, I would be happy to.

E

That depends on the vote.

E

Miss coby.. I do have a question and in a work session we talked about this for a year of forgiveness,.

E

And I think you said this adds to predictability mm-hm, and I guess my question is if we gave you or approve.

E

Ten year increments., how does that make it less stable or yeah less predictable.

T

It creates a little bit of a question for that tax credit investor when they are looking at the next.

T

15 years of that tax credit compliance period, so if it's only ten.

T

There's a little bit uncertainty there with those other remaining five years.

T

I guess it's just it's less certainty and less of a kind of vote of confidence for that tax. Credit partner.

T

Which is huge to make this financing work,, so that makes sense.

E

But we were talking before and we've always approved it every year and we didn't expect that to change.

E

So I was wondering about the predictability partner., so thanks for asking it and lastly,.

E

And I think also said in the work session. This appears that hood is trying to get out of the.

E

Business, is that a long term view?? I can't speak for the us department of housing and urban development.

T

But they are creating tools like these to help housing authorities keep their units.

T

Affordable and in good condition try to access tools available on the private markets that we haven't as a housing authority.

T

Had an option to use there's about a 40 billion dollar backlog and capital improvements nationwide, and it's just not gonna happen- that congress funds that, and so I was trying to get a little creative here.

T

But there's some really good. Looking public housing in our country. there's some really.

T

Bad public housing in our country and there's no one-size-fits-all solution.

T

And this is just one tool that they're releasing and we feel like it's a good tool for us here in bloomington.

E

Okay.. Thank you any more question from counsel?.

E

Staying done. we'll go to the public.. I.

E

T

We do have a request for.

T

Language change, it's very minor.

U

Okay,, we just have one minor change that we caught today with regards to the 2019 cooperation agreement.

E

I'm sorry.: can you identify yourself again for the record? thank you. hi,, I'm amanda stevens.

U

I am with ferguson law firm and I also represent the bloomington housing authority and.

U

If you will go to page three of seven on the cooperation agreement in section five.

U

You'll see words as.

U

The first sentence during the period commencing with the date of the acquisition of any part of the site or sites that.

U

Language needs to be omitted, this cooperation agreement.. It only covers our renovations.

U

To the projects and properties that vha owns.

U

It does not cover the any acquisition of any properties.. You have to imagine that when this was written in.

U

1961 bha probably was acquiring properties,, but this only covers the renovations.. So I just wanted to make that clear before you approve it.

U

We will make sure that language is taken out.

U

C

So you would you leave the words during the, and so it would read during the renovation of any project, but not.

C

During the acquisition, is that right?, so you should strike the words period commencing with the date of the acquisition of any part of the site or sites or.

C

So it just reads during the renovation of any project and continuing. yes, right? yes. okay.. So those are the words restricting.

C

Thank you.. Thank you. Now.

E

Saying no more questions. From council.- we'll go to public for comment.

E

Okay,, seeing none we'll go back to council for comments if any.

E

Seen on how we will second. all right.

E

Thank you singing no further comment from the council.- we will again, let's start on our left this time.

E

Yes, yes,, yes,.

E

Yes,: seven: zero, zero.

E

Thank you very much. Move,, okay,.

E

Thanks everyone for the comments,, I don't think we have any other business for the night move adjournment, second. all right.. Thank you.

S