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HomeMy WebLinkAboutCouncil Packet - 3/18/2019Council Work Session March 18, 2019 Time indicated below Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 4:50 p.m. Discussion of the Fair Chance Initiative and "Racial Equity Toolkit. Submitted By: Abraham Funchess, Executive Director of Waterloo Human Rights ADJOURNMENT Kelley F elchle City Clerk CITY OF WATERLOO Council Communication Discussion of the Fair Chance Initiative and "Racial Equity Toolkit. City Council Meeting: 3/18/2019 Prepared: REVIEWERS: Department Reviewer Human. lll iOnts i e Ilctde, 1C. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: 'Y Action Date Approved i/ 1.3/2019 ... 12 :5 l P M. Discussion of the Fair Chance Initiative and "Racial Equity Toolkit. Submitted By: Abraham Funchess, Executive Director of Waterloo Human Rights fravlei AS6104 City of Waterloo 2019 Waterloo Commission on Human Rights Racial Equity and Social Justice Toolkit for Policies, Programs, and Budget Section I Introduction Section II Race and Social Injustice Best Practices Criteria Section III Racial Equity Impact Analysis Worksheet Instructions Section IV Racial Equity Impact Analysis Worksheet Attachment I Attachment 2 RSJ Budget and Policy Toolkit Key Definitions RSJI Departmental Liaisons I: Introduction All departments are implementing annual Race and Social Justice (RSJ) work plans, focusing on their own lines of business. In addition, department directors' accountabilit agreements with the Mayor include RSJ priorities. Department work plans include y strategies for reducing racial disparity and fostering multiculturalism. Work is being done to address three broad goals: 1) End racial disparities internal to the City — Workforce Equity, Contracting Equity, and Training and Skill Development. 2) Strengthen City services, Immigrant and Refugee Access to Services. 3) Eliminate race -based disparities in our communities. All City departments have begun to use the Racial equity Toolkit in policies and programs on a routine bases to further incorporate the Initiative in to all aspects of City operations. The Racial Equity Toolkit is designed to provide support in two broad areas: 1) Budget and Policy Filter analysis and recommendations; and 2) Review of existing City programs and services. Departments will use this toolkit on a routine basis to develop and/or improve programs, policies and procedures. Budget and Policy Filter All who work in City government have a role to play in achieving race and social justice, and the budget and policy-making process is central to that effort. The Budget and Policy Filter is a simple set of questions: 1) How does this action accomplish the Mayor's Race and Social Justice Initiative? 2) Please identify any unintended consequences from this proposal. These questions have been incorporated into City budget and policy processes, including Budget Issue Papers and policy papers. The Toolkit is a more in-depth resource to supplement the Budget and Policy Filter questions. These tools, including a set of RSJ Best Practices Criteria and a Racial Equity Impact analysis, should be used to help develop informed responses to the RSJI Budget and Policy Filter questions. Because of the importance of understanding terminology included throughout this toolkit, key definitions are included in Attachment 1. Review of Existing Programs and Services Since the beginning of the Initiative, departments have been asked to analyze their lines of business to eliminate institutionalized racism and promote multiculturalism. Departments now use the Toolkit to systematically review all programs and services to deepen our approach to eliminating institutional racism. 2 The toolkit includes: • Section 11 • Section II • Section 111 • Section IV • Attachment 1 • Attachment 2 Race and Social Injustice Best Practices Criteria Race and Social Injustice Best Practices Criteria Racial Equity Impact Analysis Worksheet Instructions Racial Equity Impact Analysis Worksheet RSJ Budget and Policy Toolkit Key Definitions RSJI Departmental Liaisons When applying the Toolkit, the following steps should be followed: Step 1 Review RSJ Best Practices Criteria (see Section 11), the Racial Equity Impact Analysis instructions (see Section 111), and examples of completed analyses (see Section V). Step 2 Identify appropriate staff to complete the analysis; Core Team and Change Team assistance would be beneficial. Core Team assistance can be arranged via your departmental RSJI Liaison (see list in Attachment 3). Step 3 Collect data necessary for completion of the Racial Equity Impact Analysis (see Section III for resources). Step 4 Complete Racial Equity Impact Analysis Worksheet (see Section IV) Step 5 Share analysis with relevant department staff and submit electronic copy of worksheet to the Waterloo Commission on Human Rights (Abraham.funchessCa�waterloo-ia.org, et al.) For the Policy and Budget Filter, worksheet responses need not be submitted along with Budget Issue Papers, Senior Staff briefings or legislative review. If after reviewing responses to filter questions, Department of Finance, Office for Policy and Management and/or Office for Intergovernmental Relations staff have questions, additional information will be requested. The City of Waterloo RSJ Best Practices Criteria and Racial Equity Impact Analysis tool have been developed by the RSJ Core Team. The Core Team would like to acknowledge the excellent work of others, including the Annie E Casey Foundation and their Race Matters Racial Equity Impact Analysis tool, President Clinton's Initiative on Race, the Aspen institute, and the Applied Research Center's Racially Equitable Policy Development Guide. 3 II. Race and Social Justice Best Practices Criteria The criteria below will be used to identify actual best practices so they can be shared and replicated. As departments gain experience with the Budget and Policy Filter and Racial Equity Impact Analysis, we anticipate that these best practices criteria will be refined. RSJI best practices will meet the following criteria: 1. Assess community conditions and the desired community impact • Includes clear documentation of the existing community conditions, including disparities. • Explicitly enumerates specific goals and outcomes to emphasize program goals of reducing racism and decreasing racial disparities (as well as other program or policy goals). • Incorporates design to adjust goals and practices to keep pace with changing needs and racial demographics. 2. Expand opportunity and access for individuals • Increases opportunity and/or access for those who historically have been excluded. • Integrates strategies to improve access for immigrants and refugees, including appropriate interpretation and translation policies. 3. Affect systematic change • Reforms the ways in which institutions operate to lessen racial disparities and eliminate discrimination. • Analyzes and changes policies and practices that may perpetuate racial disparities and/or institutionalized racism. 4. Promote racially inclusive collaboration and civic engagement • Creates opportunities for collaboration that fosters mutual respect among people who fully represents Waterloo's racial diversity. • Provides opportunities for program participants and leaders or people affected by a policy to take action to address racial disparities and foster racial equity. • Fosters greater participation in civic engagement that can promote leadership in racial equity efforts. 5. Educate on racial issues and raises racial consciousness • Explicitly educates about the importance of historical and contemporary facts regarding race, racism, and/or culture. • Educates and encourages sharing about race and racism, including the connections between personal feelings and experiences and race - related systematic issues in society. 4 III. Racial Equity Impact Analysis Worksheet Instructions Actions under consideration will include a range of policies, programs and procedures. Analysis of some actions will be more readily evident than others, but the tool has been constructed such that it can be applied to all. Conducting a Racial Equity Impact Analysis at the earliest possible stage of development or revision of a policy, program or procedure will help to ensure actions are aligned with the RSJ Initiative. The analysis should be completed by people who bring different racial and economic perspectives, ideally including both people of color and white people. This will maximize the valuable learning experience and allow the action to be shaped in a racially equitable manner. 5 IV. Racial Equity Impact Analysis Worksheet The following three steps are recommended before filling out the rest of the worksheet: 1 Department and Project/Program/Policy Title: 2. Briefly describe the proposed action and the desired results: 3. Who are the racial/ethnic groups affected by this program, policy or practice? How will each group be affected? What are the racial disparities related to this project? 4. How does the proposed action expand opportunity and access for individuals to City services (including immigrants and refugees)? 6 Definitions of terms are included in Attachment 2. If unfamiliar with these terms, a Change Team or Core Team member can be assigned to help with the analysis. Demographics data and maps (GIS and Census tracts) http://www.census.qov/ Disparities: A Snapshot of Waterloo Language maps and lists of interpretation and translation vendors http://inweb/immigrantsre fug ees/#I nterpTransPolic Description Step 1 Review RSJ Best Practices Criteria (see Section II, the Racial Equity Impact Analysis instructions (see Section 111), and examples of completed analyses (see Section V). Step 2 Identify appropriate staff to complete the analysis; determine whether Change Team and/or Core Team assistance would be beneficial. Core Team assistance can be arranged via your departmental RSJI Liaison (see list in Attachment 3). Step 3 Collect data necessary for completion of the Racial Equity Impact Analysis (see sidebar for resources. 1 Department and Project/Program/Policy Title: 2. Briefly describe the proposed action and the desired results: 3. Who are the racial/ethnic groups affected by this program, policy or practice? How will each group be affected? What are the racial disparities related to this project? 4. How does the proposed action expand opportunity and access for individuals to City services (including immigrants and refugees)? 6 Definitions of terms are included in Attachment 2. If unfamiliar with these terms, a Change Team or Core Team member can be assigned to help with the analysis. Demographics data and maps (GIS and Census tracts) http://www.census.qov/ Disparities: A Snapshot of Waterloo Language maps and lists of interpretation and translation vendors http://inweb/immigrantsre fug ees/#I nterpTransPolic 5. How does the proposed action promote racially inclusive collaboration and civic engagement? Is there community support for or opposition to the proposal? Why? 6. How does the proposed action affect systematic change (address institutional racism)? 7 How does the proposed action educate on racial issues? 8. How does the proposed action support work force equity and/or contracting equity? 9. How does this action help to achieve greater racial equity? Describe the resources, timelines, and monitoring that will help ensure success. 10. Are there any unintended consequences on racial equity? Are there strategies to mitigate any negative impacts? Outreach and public engagement policy http://inweb/rsl i/pu bl ice nq aqement/ Historically Underutilized Business for economic equity htto://www.seattle.qov/ex ecutiveadministration/sm allbusiness/default/htm More information about the overall Race and Social Justice Initiative is available on the RSJI Inweb site: http://inweb/rsi i/ass ista nc e.htm ATTACHMENT 1: RSJ Budget and Policy Toolkit Key Definitions "s,*. ,, k � v Y �S,y .��"g Y R`kt• ''"v" � 4 AAS . 3' LY`ae.$ ki"Ji'"�����x���'.%4 �'gti A proposal put forth by a City department to the Mayor that identifies an issue to be considered within the context of development of the City's budget, often including an increase or decrease in funding. A set of two questions designed to help (1) determine how newly proposed or updated policies (including budgets and legislation) align with RSJI and (2) screen for potential unintended consequences that might increase racial inequity. The purpose of these questions is to enable decision -makers to see a more complete picture when choosing a course of action on a proposal, not just a budget or political perspective. Increasing the knowledge of and tools used by city staff to achieve race and social justice. Efforts to achieve equitable racial outcomes in the way the City spends resources, including goods and services, consultants and contracting. Governmental services and resources are easily available and understandable to all Waterloo residents, including non-native English speakers. Full and active participation of immigrant and refugee communities exists in Waterloo's civic, economic and cultural life. Organizational programs, policies or procedures that work to the benefit of white people and to the detriment of people of color, usually unintentionally or inadvertently. Equal rights and respect accorded to all cultural groups. Multiculturalism creates the conditions for understanding, respect and interaction between cultures and equality of opportunity for all cultures. Activities to contact and potentially develop working relationships with specific individuals and/or groups for purposes including, but not restricted to, sharing information, education, or service provision. Activities that enable community members to effectively engage in deliberation, dialogue and action on public issues and in the design and delivery of public services. 8 9 Criteria to assess whether a given policy or program is effective at achieving race and social justice. Differences in outcomes or community conditions based on race. Examples include different outcomes in health, education, environment and criminal justice outcomes based on race. Advantage and disadvantage cannot be predicted based upon race. The City's overall workforce diversity reflects the diversity of the population living in Waterloo. The City: • Meets voluntary federal diversity goals; • Increases upward mobility opportunities for workers in low wage occupation groups with high concentrations of workers of colors; • Increases diversity in occupational groups where overall diversity is low or some racial groups are significantly under -represented; and • Promotes fair and equitable access to advancement and career development opportunities for all employees. 9 NATIONAL EMPLOYMENT LAW PROJECT FACT SHEET 1 AUGUST 2017 "Ban the Box" is a Fair Chance For Workers With Records Removing conviction inquiries from job applications is a simple policy change that eases hiring barriers and creates a fair chance to compete for jobs. Known as "ban the box," this change allows employers to judge applicants on their qualifications first, without the stigma of a record. The most effective policies don't just remove the "box;" they advance job opportunities for people with records. Employers should make individualized assessments instead of blanket exclusions and consider the age of the offense and its relevance to thejob. Candidates should be given an opportunity to review background -check results and provide rehabilitation evidence. The Problem: Employers Are Not Hiring People With Records There are an estimated 70 million U.S. adults with arrests or convictions, many of whom are turned away from jobs despite their skills and qualifications. The "box" on a job application is a barrier because it has a chilling effect that discourages people from applying. It also artificially narrows the applicant pool of qualified workers when employers toss out applications with the checked -box, regardless of the applicant's merits or the relevancy of the conviction to the job. Both the employer and applicant lose out. Research affirms that a conviction record reduces the likelihood of a job callback or offer by nearly 50%. Removing Job Barriers Helps the Economy and is Good for Business The reduced output of goods and services of people with felonies and prison records is estimated at $78 to $87 billion in losses to the nation's economy in one year. Allowing people to work increases their tax contributions, boosts sales tax, and saves money by keeping people out of the criminal justice system. Major employers such as Starbucks, Facebook, Koch Industries, Target and Walmart removed the "box" because it made sense. Employment Reduces Re -Offending Employment has been found to be a significant factor in reducing re -offending. One study found that a 1 percent drop in the unemployment rate causes between a 1 to 2 percent decline in some offenses. The Solution: Adopt Fair -Chance Policies A fair -chance policy has a real impact. Research indicates that once an employer has had the chance to examine the qualifications of the applicant, the employer would be more willing to hire the applicant. It's a tried and tested policy. In the United States, 29 states have embraced ban -the -box, with nine extending it to private employers. At last count, over 150 cities and counties had adopted the policy. Now is the time for a fair -chance policy for all. NELP 1 NATIONAL EMPLOYMENT LAW PROJECT 1 75 MAIDEN LANE, SUITE 601 1 NEW YORK, NY 10038 1 TEL: 212-285-3025 1 WWW.NELP.ORG Q. A. Q. A. Q. A. Q. A. Frequently Asked Questions What is "ban the box"? What is a fair -chance policy? "Ban the box" was the rallying cry of All of Us or None organizers that refers to removing the conviction history check -box from a job application. All of Us or None is a grassroots, civil rights organization led by formerly incarcerated and convicted people. In addition to delaying conviction history inquiries until later in the hiring process, fair -chance policies include the following: • Integrating the U.S. Equal Employment Opportunity Commission (EEOC) arrest and conviction record guidelines, which require employers to take into account time passed since the offense, whether the offense is related to the job position, and evidence of rehabilitation; and • Adopting strong standards of accuracy and transparency to maintain the integrity of background checks when they are required and to protect workers against arbitrary treatment in the hiring process. What doesn't a fair -chance policy do? An employer is not required to hire an individual under a fair -chance policy. In other words, the employer retains the discretion to hire the most qualified candidate. Some policies seek to limit background check inquiries to only those positions deemed sensitive or to limit the availability of certain criminal record information to only recent convictions. Other policies have no limitations on background check screening except as to delay any inquiries until later in the hiring process. See NELP's Best Practices and Model Policies, located in the NELP Fair Chance Toolkit. Do fair -chance policies work? Yes. Fair -chance policies have been so successful that some cities and states have expanded their policies to include private employers. Because policies were adopted starting in the early 2000s, several jurisdictions have had years of experience and success. The locations that have collected data on the fair -chance policies show an increase in hiring people with records. This is consistent with research that indicates that personal contact with an applicant reduces the negative effect of a criminal record on the employment decision. See NELP's Research Summary for more information, located in the NELP Fair Chance Toolkit. Who supports fair -chance policies? Fair -chance policies are supported by policymakers and groups across the political spectrum. The U.S. Equal Employment Opportunity Commission also endorsed the policy and President Obama directed federal agencies to formally adopt it. For more, see NELP's Voices in Support Factsheet, located in the NELP Fair Chance Toolkit. Q. Who has adopted fair -chance policies? A. Currently 29 states and over 150 cities and counties around the country have adopted ban - the -box or the more comprehensive fair -chance policies. Nine states and many local jurisdictions apply their policies to private employers or government contractors. Target, Walmart, Home Depot, Koch Industries, Starbucks, Facebook, and Bed, Bath & Beyond have removed the question about convictions from their initial job applications. See NELP's Voices in Support Factsheet, located in the NELP Fair Chance Toolkit. NELP 1 FAIR CHANCE FACT SHEET & FAQ 1 AUGUST 2017 2 Waterloo rights group renews "ban the box" effort 1 Political News 1 wcfcourier.com Page 2 of 8 Abraham Funchess Jr. TRY 3 MONTHS FOR $3 WATERLOO The Waterloo Human Rights Commission is relaunching its effort to get the city of Waterloo to pass a "ban the box" ordinance removing questions about a person's criminal history from an initial job application. The Rev. Abraham Funchess Jr., executive director of the Human Rights commission, led an hour-long discussion Thursday evening aimed at "setting the record straight" about what the ordinance, adopted by 20 states and over 100 municipalities, would do. "We're saying that if it's good enough for all these other folks from all across the United States of America ... it's good enough for a city as diverse as Waterloo," Funchess said. "We might as well give it a shot. We need to give this an opportunity." httnc.//wef niirier ..,.t:,:,.,.i...,..-..i.. _ ... _i_._ _ Waterloo rights group renews "ban the box" effort I Political News I wcfcourier.com Page 3 of 8` Funchess pointed to data from the National Employment Law Project, a nonprofit workers' advocacy group, that shows the initiative — also called the "fair chance" initiative — improves a community's economy and public safety. He told about a dozen people at the Waterloo Center for the Arts the ordinance would not require businesses to hire people with felony convictions, nor prevent employers from conducting background checks or asking about convictions in follow-up. interviews. Funchess focused his comments on felons who have low-level, nonviolent offenses on their records. He said he is interested in talking with business leaders and the Greater Cedar Valley Alliance and Chamber, including its diversity and inclusion committee, about supporting the measure, which it has previously opposed. "We want them to buy into this great movement that's not happening just here in the region," but all over the nation, Funchess said. "We believe that once we show them all this data ... that they will begin to see the wisdom of helping this city adopt a fair -chance policy." Waterloo rights group renews "ban the box" effort 1 Political News 1 wcfcourier.com Page 4 of 8 He noted U.S. Sen. Joni Ernst, R -Iowa, is an original cosponsor of a federal effort to pass the Fair Chance Act. He said that effort along with efforts by U.S. Sen. Charles Grassley, R -Iowa, to pass criminal justice reforms — shows there is bipartisan support for ensuring penalties are not too harsh for low-level, nonviolent offenders. "Now, Republicans and Democrats and everybody in between it's bipartisan people are realizing that the costs are just too great. The financial costs, too great. The human costs, too great," Funchess said. An initial effort to pass the fair hiring ordinance was indefinitely tabled by city officials in 2012. It was again set to come up for a City Council vote in the fall of 2015 but died after an initial hearing at which the Alliance and Chamber stated its opposition. Some argue the measure would put the city at an economic development disadvantage with cities without similar measures and potentially increase liability for businesses. httnc•//wurf'niiriar _ • 1 , (444j8S/D1 A 2019 Lenten Study Series The COLOR of COMPROMISE: The Truth About the American Church's Complicity in Racism Cedar Valley faith community clergy and lay leaders are invited to join a five - session Lenten study series on the book The Color of Compromise: The Truth About the American Church's Complicity in Racism by Jemar Tisby (Grand Rapids, MI: Zondervan, 2019). 1.11P ABGLT CCMPLICiY In The Color of Compromise, Jemar Tisby takes readers back to the roots of sustained racism and injustice in the American Church.... Tisby's historical narrative highlights the obvious ways people of faith have actively worked against racial justice, as well as the complicit silence of racial moderates. Identifying the cultural and institutional tables that must be flipped to bring about progress, Tisby provides an in-depth diagnosis for a racially divided American Church and suggest ways to foster a more equitable and inclusive environment among God's people. (Zondervan) Facilitators Rev. Lovie Caldwell, Pilgrim Rest Missionary Baptist Church Rev. Abraham Funchess, MLK New Jerusalem Ministries - Jubilee UMC Schedule Wednesday, March 20, 2019 - 10:00-11:30 am Wednesday, March 27, 2019 - 10:00-11:30 am Wednesday, April 3, 2019 - 10:00-11:30 am Wednesday, April 10, 2019 - 10:00-11:30 am Wednesday, April 17, 10:00-11:30 am Location Jubilee UMC Resource Center 1621 E. 4th Street Waterloo, Iowa 50703 Sponsored By Pilgrim Rest Missionary Baptist Church Christian Education Ministries MLK New Jerusalem Ministries — Eastside Ministerial Alliance Peace & Justice Center of the Cedar Valley — Waterloo Commission on Human Rights To reserve a copy of the book, register, or for further information, contact: Rev. Abraham Funchess - 319-504-0081 or Rev. Lovie Caldwell - 319-290-2539