Department of Civil Rights 2018 Mayor Recommended Budget October - - PowerPoint PPT Presentation

CITY OF MINNEAPOLIS

Department of Civil Rights

2018 Mayor Recommended Budget October 27, 2017 Budget Book Pages F107 - F114

De Depa partmen ent Or Organizational Cha hart

Budget et S Summ mmary

Program Name 2017 Adopted 2018 Recommended Funding Change Item (New Dollars) FTEs Select Type of Funding

General fund Non- general fund General fund Non- general fund General fund Non- general fund Current Additional One time Complaint Investigations $680,186 $41,000 $632,635 $42,000 6.69

• Reallocation of 1.0

FTE to NCR ($98,300) (1.0) No Contract Compliance $1,659,852 $321,644 $1,989,524 $321,644 10.05

• Compliance

Management System (CARS) $450,000 (CARS) Yes Office of Police Conduct Review $728,317 $885,285 6.69

• Additional 1.0 FTE

$96,800 1.0 No

• Police Misconduct

Filing System (CARS) $15,000 (CARS) Yes Equity Division $594,281 $584,296 3.36 Labor Standards Enforcement Division $198,450 $330,725 2.21

• Outreach Funding

(includes unfunded FTE) $60,000 1.0 No Total $3,861,086 $362,644 $4,422,465 $363,644 $523,500 29 1.0 3

4

Core P Pro rogra rams

Complaint Inves estigations s Di Divi visi sion ( (CID)

5

Purpose and Context

The Complaint Investigations Division (CID) investigates and resolves allegations of illegal discrimination as required by the Minneapolis Civil Rights Ordinance (MCRO) and a federal work share agreement with the US Equal Employment Opportunity Commission (EEOC). This program neutrally enforces the City’s anti-discrimination laws and policies by investigating complaints of discrimination in multiple areas including, but not limited to: education, housing, and public services. Also, through a work share agreement with (EEOC), the City serves as a Fair Employment Practice Agency (FEPA), investigating employment discrimination claims dual-filed and/or cases transferred from the EEOC. In lieu of the formal investigatory process, the division maintains an Alternative Dispute Resolution (ADR) program.

Services Provided

• Handles complaints of discrimination in accordance with the Minneapolis Civil Rights Ordinance.
• Oversees an alternative dispute-resolution/mediation program.
• Coordinates the City’s response and information regarding hate crimes and discrimination between the City and

its partners.

• Engages with schools, communities, and non-profit organizations to further the work of the department.
• Reviews cases on appeal and preside over administrative hearings
• Provides administrative support to the Minneapolis Commission on Civil Rights

Complaint Inves estigations s Di Divi visi sion ( (CID)

Goals

Living Well One Minneapolis A Hub of Innovation and Activity Great Places A City that Works X

Values

Equity Safety Health Vitality Connectedness Growth X X X

6

2017 adopted budget 2018 recommended funding FTEs Funding

General Fund Non-General Fund General Fund Non-General Fund Current One-Time (Yes/No) $680,186 $41,000 $632,635 $42,000 6.69 No: ($98,300)

• Change Item Amount: ($98,300) – includes 1.0 FTE
• Change Item is ongoing
• Transfer of funds will be used by NCR for the Office of

Immigrant and Refugee Affairs in the General Fund.

Complaint I Inves estigations s Di Divi visi sion ( (CID)

Change Item: Transfer of $98,300 (1 FTE) from Civil Rights to Neighborhood and Community Relations (NCR)

8

Complaint Inves estigations s Di Divi visi sion ( (CID)

51 64 54 4 3 2 7 3 16 16 17 9 16 21 2 1 21 31 31 15 18 11 31 34 36 20 40 60 80 100 120 140 160 180 200 2014 2015 2016

Case Basis Filed with Complaint Investigation Division, by Year

Reprisal Age Disability Sexual Orientation Sex National Origin Other Religion Race or Color

• 1. “Other” includes

cases related to Ancestry, Creed, Familial Status, and Public Assistance.

• 2. Some years there

were two or fewer cases in the following categories: Age, Disability, National Origin, Religion, Sexual Orientation and “Other.” Source: CID Data

41 34 13 6 12 1 13 7 1 1 21 44 37 9 23 13 4 2 20 40 60 80 100 120 140 2014 2015 2016

Breakdown of Case Resolution

Probable Cause Mediation Agreement Dismissed Transferred Split Decision (NPC/PC) Withdrawn Not Filed No Probable Cause

9

Complaint Inves estigations s Di Divi visi sion ( (CID)

9 20 22 5 10 15 20 25 2014 2015 2016

Alternative Dispute Resolution Mediations Held per Year

Number of Mediations Source: 2016 CID Annual Report 54,500 25,000 29,500 203,500 30,000 173,000 444,185 163,000 281,185 Settlement Amount Conciliation Mediation

Alternative Dispute Resolution Settlements

2014 2015 2016 Source: 2016 CID Annual Report

Co Contract Co Compliance D Division (CCD CCD)

10

Purpose and Context

The Contract Compliance Division (CCD) works to eliminate discrimination by ensuring that City projects and contracts include women, minorities, and low income resident workers and businesses. The Division also ensures that all workers on construction projects are paid fairly. This division conducts compliance on five program areas that affect the general fund: 1) Affirmative Action, 2) Minority and Women Business Inclusion, 3) Female and Minority Workforce Inclusion, 4) Low Income Residents Workforce and Business Inclusion, and 5) Labor Compliance.

Services Provided

• Provides guidance, review and compliance on Affirmative Action Plans for City contractors to ensure affirmative

action and equal employment opportunity laws are complied with.

• Administers the Small and Underutilized Business Program to ensure minority and women owned businesses are

included on City contracts and projects.

• Sets business inclusion goals for all contracts and projects over $50,000.
• Conducts good faith efforts reviews of City contractors.
• Conducts outreach to and certify Disadvantages Business Enterprises (DBEs).
• Enforces City’s construction workforce goals to ensure female and minorities are utilized on City

construction projects.

• Administers the HUD Section 3 Program to ensure low income resident workers and businesses are included on

City construction projects.

• Monitors and enforces labor compliance and prevailing wage laws under the Federal Davis-Bacon and Related

Acts to ensure workers are paid appropriately.

• Administer the back payment of wages to workers.

Co Contract Co Compliance D Division (CCD CCD)

Goals

Living Well One Minneapolis A Hub of Innovation and Activity Great Places A City that Works X X X

Values

Equity Safety Health Vitality Connectedness Growth X X X

11

2017 adopted budget 2018 recommended funding FTEs Funding

General Fund Non-General Fund General Fund Non-General Fund Current One-Time (Yes/No) $1,659,852 $321,644 $1,989,524 $321,644 10.05 Yes: $450,000

12

Co Contract Co Compliance D Division (CCD CCD)

# of Projects Total Project Hours Final Participation Female Minority 2014 60 1,352,400 77,140 (6%) 249,151 (18%) 2015 72 570,937 23,010 (4%) 119,096 (21%) 2016 53 1,260,161 65,315 (5%) 270,643 (21%) Total 185 3,183,498 165,465 (5%) 638,890 (20%)

Source: 2016 CCD 4th Quarter Report & Annual Summary

Three -Year Comparison of Female and Minority Workforce Inclusion on Closed Construction and Development Projects

6% 18% 4% 21% 5% 21% 6% 32% Female Minority 2014 2015 2016 Goal

Three Year Comparison of Female and Minority Workforce Inclusion on Closed Projects

Source: 2016 CCD 4th Quarter Report & Annual Summary

13

Co Contract Co Compliance D Division (CCD CCD)

# of Projects Total Contract Amount Participation MBE WBE 2014 43 $228,256,622 $17,270,260 (8%) $27,548,728 (12%) 2015 56 $82,131,480 $5,433,751 (7%) $5,410,505 (7%) 2016 37 $189,084,774 $10,682,378 (6%) $10,592,396 (6%) Total 136 $499,472,876 $33,386,389 (7%) $43,551,629 (9%)

Source: 2016 CCD 4th Quarter Report & Annual Summary

Three-Year Comparison of MBE and WBE Business Inclusion on Closed Construction and Development Projects

For 2013, 2014, and 2015, MBE and WBE total participation on closed construction and development projects was 7% MBE ($24,559,231) and 10% WBE ($35,623,860). 8% 12% 7% 7% 6% 6% MBE Participation WBE Participation 2014 2015 2016 Source: 2016 CCD 4th Quarter Report & Annual Summary

Three-Year Comparison of MBE and WBE Business Inclusion

• n Closed Projects

Office o

• f Police Conduct R

Review (OPCR)

14

Purpose and Context

The Office of Police Conduct Review (OPCR) processes police conduct complaints in a fair manner with a civilian- sworn leadership model of oversight; utilizing a hybrid review panel of community members and police officers to issue recommendations that are just; and supporting an all civilian based commission that recommends policy and training that is positioned to change a culture, build community trust and have a lasting impact on the practice of police oversight.

Services Provided

• Fairly, objectively, and neutrally addresses complaints of police misconduct through investigations, mediations,

and the coaching process.

• Manages the Police Conduct Review Panel that makes recommendations based on supportive information to

promote adherence to the highest standard of police conduct.

• Provides transparency, citizen engagement, and meaningful participation related to police conduct through the

Police Conduct Oversight Commission by advising on police policy, auditing OPCR cases, and engaging the community in discussions and police procedure.

• Provides administrative support to the Police Conduct Review Panel and the Police Conduct Oversight

Commission.

Office o

• f Police Conduct R

Review (OPCR)

Goals

Living Well One Minneapolis A Hub of Innovation and Activity Great Places A City that Works X X

Values

Equity Safety Health Vitality Connectedness Growth X X X X

15

2017 adopted budget 2018 recommended funding FTEs Funding

General Fund Non-General Fund General Fund Non-General Fund Current One-Time (Yes/No) $728,317 $885,285 6.69 No: $96,800 Yes: $15,000

• Change Item Amount: $96,800 – includes 1.0 FTE
• Change Item is ongoing
• In response to the increased implementation of police body cameras, OPCR has seen a

dramatic increase in the time needed to perform case intake and review. Each incident investigated by OPCR requires at least 1 to 2 hours of review of body camera footage

• alone. OPCR assessed 222 cases within jurisdiction in 2016. With a staff of 2 civilian case

investigators and 1 intake investigator, it is a significant strain on our current staff to investigate body camera video in addition to normal job duties.

• OPCR adheres to a case completion timeline of 120 days so complainants can receive a

timely resolution to their case. Police body camera investigator and analysis is needed to keep case timelines in tact and to preserve the public trust built by efforts such as the public data portal. This position is necessary to help keep case processes effective and efficient so complainants receive timely and transparent outcomes as well as provide the Police Conduct Oversight Commission (PCOC) with valuable and needed analysis to aid their important work with Minneapolis residents.

Office o

• f Police Conduct R

Review (OPCR)

Change Item: Ongoing appropriation of $96,800 for an additional FTE

17

Office o

• f Police Conduct R

Review (OPCR)

47 49 55 70 60 66 92 84 41 78 60 60 18 16 32 31 16 49 44 41 33 21 18 35 20 40 60 80 100 120 140 160 Q1 2014 Q1 2015 Q1 2016 Q2 2014 Q2 2015 Q2 2016 Q3 2014 Q3 2015 Q3 2016 Q4 2014 Q4 2015 Q4 2016 Actionable Complaints Filed Complaints with No Jurisdiction

Complaints Filed by Quarter 2014 – 2016

Source: OPCR Practice Manager 4 4 20 54 58 67 112 120 7 2 42 51 49 85 75 2 20 2 7 62 66 79 129 20 40 60 80 100 120 140 Criminal misconduct Discrimination Theft Harassment Failure to Provide Protection Use of Excessive Force Inappropriate Language/Attitude Violation of Policy Manual 2016 2015 2014

Allegations Filed 2014 – 2016

18

Office o

• f Police Conduct R

Review (OPCR)

125 100 78 88 48 41 16 5 1 103 69 84 68 91 151 2014 2015 2016 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Investigation Coaching Mediation Dismissal No Jurisdiction

OPCR Intake Resolution in 2014 – 2016

It should be noted that at the end of 2015, 31 complaints filed were pending assignment or undergoing intake investigation. Source: OPCR Practice Manager 7 6 14 3 7 14 12 2 2 4 6 8 10 12 14 16 Q1 2016 Q2 2016 Q3 2016 Q4 2016 Merit No Merit Remand

Review Panel Recommendations on Allegations

Source: OPCR Practice Manager

Civi vil R Rights E s Equ quity Di Divi visi sion ( (CRED)

19

Purpose and Context

The Civil Rights Equity Division (CRED) leads the department’s equity work in support of the City wide goal of One Minneapolis and is charged with improving equitable service delivery and organizational culture across divisions through the use of an equity lens and framework and to support the City’s various enterprise equity initiatives. By addressing racial bias in decision making through the implementation and increased use of racial equity tools and training, CRED aims to improve operations, internal systems, policies and programs, and organizational culture. CRED also oversees Urban Scholars, the City’s leadership and professional development program for students of diverse racial and ethnic backgrounds. The program works to raise awareness, and address the core causes, of the employment disparities across the Metro by partnering with organizations and growing the pipeline of recently- graduated professionals. Regular, full-time staff in the CRED includes one division director and an administrative

• analyst. The full-time staff is supplemented occasionally with legal interns or graduate fellows.

Services Provided

• Improve equitable service delivery and organizational culture across MDCR divisions through the intentional use
• f an equity lens and framework.
• Manage and administer the Urban Scholars Program for the City and it’s regional partners
• Create, strengthen, and maintain external partnership in order to advance local and regional equity work.

Civi vil R Rights E s Equ quity Di Divi visi sion ( (CRED)

Goals

Living Well One Minneapolis A Hub of Innovation and Activity Great Places A City that Works X X X

Values

Equity Safety Health Vitality Connectedness Growth X X X X

20

2017 adopted budget 2018 recommended funding FTEs Funding

General Fund Non-General Fund General Fund Non-General Fund Current One-Time (Yes/No) $594,281 $584,296 3.36

21

Civi vil R Rights E s Equ quity Di Divi visi sion ( (CRED)

8 17 22 29 30 31 7 11 16 8 5 8 5 2 1 1 1 2 1 3 6 16 28 1 3 6 2 13 4 2 8 17 36 58 73 97 20 40 60 80 100 120 2012 2013 2014 2015 2016 2017

Total Number of Urban Scholar Placements, by Organization

Fourth Judicial Courts Metropolitan Airports Commission Hennepin County Parks and Recreation State of Minnesota Greater Twin Cities United Way PCL Consturction Source: Civil Rights Equity Division 12.5% 87.5% 6.7% 46.7% 6.7% 20.0% 6.7% 13.3% 9.0% 59.0% 4.5% 9.0% 4.5% 13.6% 4.5% 10.3% 43.1% 19.0% 10.3% 5.2% 10.3% 1.7% 8.2% 43.8% 24.7% 17.8% 4.1% 0% 20% 40% 60% 80% 100% White Black Hispanic Asian American Indian Native Hawaiian

• r Pacific

Islander Two or More Other

Racial Make-up of Urban Scholar Program at all Partner Organizations, by Percentage

2012 (8 Urban Scholars) 2013 (17 Urban Scholars) 2014 (34 Urban Scholars) 2015 (58 Urban Scholars) 2016 (73 Urban Scholars) Source: Minneapolis Department

• f Civil Rights May 2016

Labor S Standards s Enforcem emen ent Di Divi visi sion ( n (LSED)

22

Purpose and Context

The Labor Standards Enforcement Division enforces compliance with the City’s new Sick and Safe Time Ordinance and may be charged with leading city-wide outreach and implementation of a first-ever municipal minimum wage. The work of the division is performed in support of the City wide goal of One Minneapolis with a focus on resident safety, well-being and prosperity. LSED also provides staff support to the Workplace Advisory Committee, an appointed group of approximately 15 community stakeholders that advises on workplace issues and policy and serves as a resource on implementation of new initiatives.

Services Provided

• Culturally specific education and outreach to employees
• Public awareness campaign regarding rights and responsibilities
• Technical assistance to employers
• Complaint Investigations
• Workplace audits
• Compliance Reporting

Labor S Standards s Enforcem emen ent Di Divi visi sion ( n (LSED)

Goals

Living Well One Minneapolis A Hub of Innovation and Activity Great Places A City that Works X

Values

Equity Safety Health Vitality Connectedness Growth X X

23

2017 adopted budget 2018 recommended funding FTEs Funding

General Fund Non-General Fund General Fund Non-General Fund Current One-Time (Yes/No) $198,450 $330,725 2.21 No: $60,000

• Change Item Amount: $60,000
• Change Item is ongoing
• This funding is meant to support LSED’s education and
• utreach initiatives in response to the City’s new

Minimum Wage Ordinance

Labor S Standards s Enforcem emen ent Di Divi visi sion ( n (LSED) )

Change Item: Ongoing appropriation of $60,000 for education and outreach on the Minimum Wage ordinance (including 1.0 FTE)

• Change Item Amount: $0 –1.0 FTE (unfunded)
• Change Item is ongoing
• In 2018, LSED will continue to deliver complaint-based enforcement relating to the City’s

Sick and Safe Time Ordinance as well as take on dramatically increased implementation

• bligations with the adoption of a first-ever municipal minimum wage. Responsibilities

include public awareness campaigns, design of complaint-based enforcement mechanisms and deep technical assistance across hundreds of thousands of stakeholders and residents.

• An entire labor standards enforcement apparatus is being built and will need significant

expansion and adjustment to accommodate effective implementation of a first-ever municipal minimum wage. The intended outcomes of labor standards enforcement cannot be achieved if employers do not understand what is required or workers do not understand or trust their new legal protections. Setting the proper tone early and immediately in 2018 will be critical for continued labor standards compliance and program success.

Labor S Standards s Enforcem emen ent Di Divi visi sion ( n (LSED) )

Change Item: Allocation of 1.0 FTE (unfunded)

26

Labor S Standards s Enforcem emen ent Di Divi visi sion ( n (LSED)

2017 Sick and Safe Time Implementation Milestones 2016 Sick and Safe Time Implementation Milestones

27

Labor S Standards s Enforcem emen ent Di Divi visi sion ( n (LSED)

Sick and Safe Time E-Mail Inquiries Received Through 05/17/17

34 31 67 10 11 22 9 19

Geographic jurisdiction Minimum requirements Accrual and PTO Payout Enforcement and Retaliation FAQ's/Posters/Other Employee misuse Frontloading 191 12 Employer Employee

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Operating Capital Recommendations - CARS

$450, 50,000 000 – Compliance M e Managem ement S System em

• The current system for compliance management is obsolete. This

system is used for processes and technology to monitor, track and report on minority and woman business inclusion and minority and women workforce inclusion on city contracts.

Police M Misconduc nduct C Complaint F Filing ng S System - $15, 5,00 000

• This money will be used to build complaint filing stations in the

community and improve the existing on-line complaint form. These stations will allow the public to file both complaints regarding police misconduct and discrimination. It is important to provide more

• ptions to the public for complaint filing. The complaint filing study

completed by OPCR for the Police Conduct Oversight Commission indicated that the community would greatly benefit from locations

• utside of police precincts and City Hall to file complaints. It is

important the City enterprise take steps to be aware of complaints about the police and discrimination. Expanding filing options will allow those members of the public without access to internet and/or a computer to be able to file complaints closer to home and work. OPCR and the Civil Rights Department will be better able to serve the community when the public has easier access to complaint filing.

CITY OF MINNEAPOLIS

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