Normal Human Relations Commission
Meeting
September 18, 2007 5:15 PM
Normal City Hall
Council Chambers
1) Call to order
Chairperson Evelyn Young called the meeting to order at 5:15 pm.
- Present: Chairperson Evelyn Young, Vice-Chairperson Tim
Harshbarger, Commissioner Laurie Bergner, Commissioner Terry
Brown, Commissioner Michael Pullin
- Absent Commissioner Ramesh Chaudhari and Commissioner
Kevin Martin
- Others Present: Staff: Jennifer Hanna - HR Generalist; Wayne Karplus - Deputy Corporation Counsel; Attorney - Richard Manzella; Attorney - Melissa McGrath and Mr. Harry Fuller
2) Hearing:
- Request for Summary judgment complaint #07E1YTD3
Complainant Attorney, Mr. Richard Manzella stated that they are bringing request for summary judgment against the respondent .
Mr. Manzella then requested that Ms. Hanna testify before the commission. Chairperson Young swore Ms. Hanna in. Ms. Hanna was asked questions about her conversations with Mr. Fuller.
Mr. Manzella then went on to discuss in detail about why these responses are not valid and then shared his conversations with the Respondent. Mr. Manzella stated that he is requesting a judgment only - not damages at this time.
Respondent Attorney, Ms. Melissa McGrath handed out exhibits to the commissioners and asked Ms. Hanna a question. Then she stated that Mr. Fuller was going to testify on his own behalf. Ms. Hanna swore him in.
Mr. Fuller testified on his own behalf. Mr. Manzella stated his rebuttal. Commissioners Laurie Bergner, Michael Pullin and Chairperson Evelyn Young asked questions of both parties. Chairperson Young asked for a roll of whether the Commissioners decisions were to grant or dismiss the motion for summary judgment. Ms. Jennifer Hanna called the roll:
Commissioner Terry Brown Dismiss
Commissioner Michael Pullin Support
Vice-Chairperson Tim Harshbarger Dismiss
Commissioner Laurie Bergner Dismiss
Chairperson Evelyn Young requested an executive session to discuss her decision. Commissioner Michael Pullin moved to adjourn the regular session at 6:37 and carry on in executive session. Commissioner Brown seconded the motion. With no further discussion the motion was granted by a unanimous voice vote. The tape was stopped by staff.
At 6:55 Commissioner Bergner moved that they start the regular meeting and adjourn the executive meeting. Commissioner Harshbarger seconded the motion. With no further discussion the motion was granted by a unanimous voice vote. The tape was restarted by staff.
Chairperson Young stated that her decision was to grant the motion for default judgment against the respondent. She also stated that Mr. Harry Fuller can take part in arguments for damages but not in defense against charges. Chairperson Young stated that she feels that there needs to be a level of accountability and by ruling against the summary judgment there is no accountability.
- Hearing for Motion to Dismiss by Respondent
Attorney Melissa McGrath presented her case that the complaint needs to be dismissed due to the wrong party being named as the respondent on the complaint. She referred back to exhibits and explained who Ms. Born’s employer was. Mr. Manzella responded with the definition of person in the Town of Normal Code section 24.1-2s.
Chairperson Young asked for any questions or comments from the commission. With no questions Counsel Wayne Karplus told the commission that they need to make a decision. Commissioner Michael Pullin moved to go into executive session to discuss the motion for dismissal and come to a decision. Commissioner Brown seconded the motion. With no further discussion the motion was granted by a unanimous voice vote. The recording tape was stopped by staff at 7:12 PM.
At 7:25 PM Commissioner Laurie Bergner moved to adjourn their executive session and reconvene in public session. Commissioner Michael Pullin seconded the motion. With no further discussion the motion was granted by a unanimous voice vote. The tape was restarted by staff.
Chairperson Young stated that she agrees to dismiss Mr. Fuller as a liable party in this complaint.
3) Complaint Review
Staff informed the commission that there are 2 complaints outstanding:
| Complaint # | Category | Type | status |
| 07PA2YTD2 | race & arrest record | Public Accommodation | Conciliation meeting rescheduled for October 9, 2007 per complainant request |
| 07E1YTD3 | Familial status and sex/sex harassment | Employment | Held hearings earlier tonight about this complaint. Conciliation is next step. |
4) New Business
- Advertisement Request: NAACP
Staff received a request from the NAACP for the Commission to advertise in their annual convention ad booklet. Vice-Chairperson moved to approve a ¼ page ad. Commissioner Michael Pullin seconded the motion. With no further discussion the motion was granted by a voice vote.
Commissioner Terry Brown nay
Commissioner Michael Pullin approve
Vice-Chairperson Tim Harshbarger approve
Commissioner Laurie Bergner not present
Chairperson Young approve
- Reopening of complaint 07PA1YTD1
Staff informed the commission that the respondent has not fulfilled their part of the conciliation agreement. The respondent agreed to go to diversity training in the agreement. Commissioner Michael Pullin moved that the Commission give the respondent 60 days to prove fulfillment of the conciliation agreement or the agreement is voided and another conciliation meeting is to be held between the parties. Commissioner Terry Brown seconded the motion. With no further discussion the motion was approved by a unanimous voice vote.
1) Old Business
Summary of Joint commission meeting: September 12, 2007.
Chairperson Evelyn Young requested that this be tabled till next
the meeting in October. Commissioners Pullin and Harshbarger
respectively moved and seconded the motion. With no further
discussion the motion was approved by a unanimous voice vote.
2) Concerns
Evelyn Young stated that she was disappointed that only 2 commissioners were present at the Culture festival. Evelyn Young also stated that she is going to try to speak with the Mayor again to see if he had the conversation with the City of Bloomington’s Mayor or not concerning the adult Dr. King award.
3) Adjournment
Commissioner Terry Brown moved to dismiss the September 18, 2007 meeting of the Normal Human Relations Commission at 7:45 PM. Commissioner Pullin seconded the motion. With no further discussion the motion was approved by a unanimous voice vote.