MISSOURI COMMISSION ON HUMAN RIGHTS 5th MEETING – 48th YEAR Department of Labor and Industrial Relations Building 3315

West Truman Blvd., Jefferson City, MO 65102 December 20, 2006 OFFICIAL MINUTES - Chairman Al Carter calls the meeting to order COMMISSIONERS PRESENT: Robert Scott (1st District); Herman Elmore (2nd District); Joanne Collins (5th District) (by phone); Daniel Champion (6th District); Adolfo Castillo (7th District); and Jaye Jackson (9th District) COMMISSIONERS EXCUSED: Christi Checkett (3rd District); Susan Pentlin (4th District); D J Belarbi (8th District); and David Zimmerman (at Large) STAFF PRESENT: Donna Cavitte, Ellie Bono, Eric Krekel, and Cyrus Dashtaki (by phone) and Vanessa Brown (in person) (Executive Session only) RECOGNITION OF VISITORS/GUESTS and Staff: Department of Labor and Industrial Relations’ Legislative Liaison, Brendan Kane PUBLIC COMMENTS: None SPECIAL RECOGNITIONS: None REPORT OF THE CHAIR: No Report REPORT OF EXECUTIVE DIRECTOR: Ms. Cavitte refers to the status report dated November 22nd that was included in the packets and offers to answer any questions. Ms. Cavitte discussed the HUD calendar and handed out calendars for everyone. She also discussed the up coming poster and journalism contest. The luncheon for the poster and journalism contest will be held on April 20, 2007, at the Hotel Deville. It was suggested by Commissioner Collins that we find a public place to display the art work and essays. Ms. Cavitte was proud to announce and that two of our investigators, Lori Aduddell and Tammy Carlyle, have completed all five weeks and graduated from the HUD Academy. Congratulations to both Lori and Tammy. APPROVAL OF THE AGENDA: Commissioner Collins moves to approve the agenda. Commissioner Champion seconds and the motion is adopted. APPROVAL OF THE MINUTES: Commissioner Elmore moves to adopt the minutes. Commissioner Champion seconds and the minutes are adopted.


EXECUTIVE COMMITTEE REPORTS: Chair Carter - None BUDGET & FINANCE COMMITTEE: - Commissioner Checkett, the Chair of the committee is not in attendance and Chairman Carter defers to Ms. Bono to explain the Budget Report. Ms. Bono states that MCHR is running a little under budget, about one and a half percent under. Ms. Bono did discuss that the cost for health insurance “fringe” benefits has gone up from $548 per person to $640 per person, an increase of $92 per employee for health insurance. For the employees that are paid from general revenue, the state pays the fringe benefits, but MCHR must pay the fringe benefits on the employees that are paid from federal funds. Currently the fringe benefits are running at about 44% of the employees’ salary. GOVERNMENT & COMMUNITY RELATIONS COMMITTEE – Commissioner Castillo has been in contact with some legislators to find out the best way to tell them about our Commission and our needs. They suggested the best way is to get a hearing room or some place at the Capitol and have a meeting. The closer we can get to them the better because they are so busy. We need to look at their schedule and try to work around their schedule. Commissioner Elmore suggested it might be better to wait until after their committee assignments to schedule a meeting. Commissioner Elmore has talked with some legislators and they could get us a meeting place. Executive Director, Donna Cavitte, asked Brendan Kane to find out who we need to talk to at the Capitol to reserve a hearing room for a meeting. She asked Brendan to get back with her with this information. STRATEGIC PLANNING – Commissioner Elmore states that he has discussed trying to meet with the legislators as he has already mentioned, but again suggest that we wait until after the legislative committee assignments have been made. Commissioner Scott moves to go into Executive Session, Commissioner Castillo, seconds and upon a roll call vote, the motion was unanimously adopted. ACTION ITEMS: None OLD BUSINESS: a. Proposed Rule and Regulation Changes – Mr. Krekel passed out the proposed Rule and Regulation changes. The Regulations have not been changed since the early eighties. After much discussion it was decided that Commissioner Dan Champion and our Assistant Attorney Generals will look over the proposed Rule and Regulation changes and will make recommendations on the proposed changes and get back with the full Commission to submit the proposed changes and start the Rule Making process.


NEW BUSINESS: a. Performance Measure Criteria – Commissioner Castillo discussed MCHR’s performance measures and said that the Commissioners need to gain control of these measures. We need to set performance standards that are attainable and acceptable for the Commission. After much discussion, Chairman Carter said the Commissioners need to meet with the DOLIR Director again and discuss the measures. Commissioner Champion suggested that the staff check with other FEPA agencies to find out how our performance compares to other states. We will need that information for our meeting with DOLIR. If we are not meeting our Performance Measure standards it leaves MCHR open to criticism.

Right To Sue Issue – Chairman Carter assigned Commissioner Champion to head up a committee of Donna Cavitte and Eric Krekel to study the Right To Sue issue and make a recommendation to the Commissioners.

UNSCHEDULED BUSINESS – Executive Director Donna Cavitte passed out response to a letter that Commissioner Castillo wrote in response to the Three Stooges story in the Missouri Bar’s Lawyer’s Weekly publication. The Commissioners agreed to revise the policy memo to allow Complainants to add individuals to a complaint during the investigative stage. It is up to the Complainant or their attorney to let us know that they want to add an individual to the complaint. DATE AND TIME OF NEXT MEETING – The next meeting will be in March. The start time will continue to be 1:00 pm ADJOURNMENT OF MEETING – Commissioner Elmore moves that the meeting be adjourned, Commissioner Scott seconds and the motion carries. Closed Session Statement MOTION FOR EXECUTIVE MEETING: I, (NAME) would like to make the motion that this meeting be closed, and that all records and votes resulting from this closed meeting also be closed, under Section 610.021, Subsections 1 and 3 RSMo, for the purpose of discussing legal actions, causes of action or litigation involving the commission, privileged communications between the commission and its attorneys, and personnel matters relating to hiring, firing, disciplining and/or promoting an employee of this commission. (Roll call vote).