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HomeMy Public PortalAbout2019_tcsubcommitteemeetingmin0812Council Subcommittee Meeting with NAACP August 12, 2019 Lower Level Conference Rooms I & II, 25 West Market Street, 9:20 a.m. Council Subcommittee Members Present: Vice Mayor Marty Martinez, Neil Steinberg. Council Members Present: Ron Campbell. NAACP Members Present: President Michelle Thomas, Vice President Amanda Tandy, Legal Redress Chair Buta Biberaj. Staff Present: Town Manager Kaj Dentler, Town Attorney Barbara Notar, and Clerk of Council Eileen Boeing. AGENDA 1. Items for Discussion a. NAACP Issues with the Leesburg Town Council Members of the NAACP present wished to discuss their disappointment with the Town Council regarding the events that happened surrounding the Juneteenth Proclamation presented at the June 11, 2019, Council Meeting. At the meeting the wrong proclamation was presented with editorial comments on the signature line made by Council Member Dunn. The NAACP members expressed a desire to have a good relationship with the Town Council and noted their disappointment that the subcommittee meeting was not with the full Council. The NAACP expressed concern regarding max aggression comments made by Council Member Dunn in the past. They noted he had many other opportunities to express his opinions, abstain or have his name removed on the proclamation rather than defacing their proclamation. They noted other issues with Council Member Thiel that would be addressed at another time. Questions were asked to the Council Members and staff regarding the current process for proclamations, how this situation happened and what was being done to ensure that these types of issues don't happen again in the future. Mr. Steinberg explained the normal process in which proclamations are signed by Council and that often times other than signing their names, not much more attention is paid to other member signature lines. He added that often times Mr. Dunn is the last to sign so they would not necessarily have had a chance to see his signature. Council Member Campbell notified staff that he believed Mr. Dunn added editorial comments to this proclamation, the LGBTQ Pride Month proclamation and a previous proclamation for Gun Violence Awareness. Council Member Steinberg noted that once the issue was identified, corrections were made and an apology was given at the meeting. He stated that he and members of staff believed it was a mistake that the incorrect proclamation was presented versus the corrected version. ITEMS 11Page Council Subcommittee Meeting with NAACP August 12, 2019 Mr. Dentler and Council Member Steinberg explained the steps being proposed to ensure that this issue does not happen again in the future. Mr. Dentler provided a staff report for Council discussion and potential action at the August 13, 2019, Council Meeting. It outlined a more formal proclamation process most notably that all proclamations must have a Council sponsor, that they be voted on at the meeting preceding the presentation, if a Council member does not want to support a proclamation they can either not sign or ask for their name to be removed. Mr. Steinberg added that Council will consider as part of the action to not allow anyone else to sign for a Council Member and that only signatures are allowed on the signature line. Mr. Dentler added that by having the proclamations presented at the meeting before that it will eliminate any last minute shuffling of proclamations at the meetings and will ensure that all of the Council established procedures for proclamations are followed. This item is on the agenda for approval at the August 13, 2019, Council Meeting. Ms. Biberaj asked what would happen if someone was not present at the meeting before to vote. Council Member Steinberg said proclamations will move forward with a majority vote and that the absent Council Member can advise whether they want to not sign or have their signature line removed entirely. Ms. Biberaj asked if this will be incorporated into the policy. Mr. Steinberg said that if approved on Tuesday, that it would be included into the policy. Mr. Dentler said the draft resolution in the agenda item provided spells out the proposed process. Mr. Steinberg added that if Council approves the proposed process, proclamations will be handed out at 6:30 before Council gets into the business portion of the meeting. Ms. Biberaj asked if there was a review process for the proclamation that Council Member Thiel signed before it was handed out. Mr. Dentler explained the current process where proclamations are handed out at the Monday Work Session and Council Members sign them. Ms. Tandy asked if with the new process there was the potential for something like this to happen again. Council Member Steinberg and Mr. Dentler believed that the new process would add quality checks and prevent this from happening again. Ms. Tandy asked if there were any disciplinary action proposed for violating the process. Ms. Notar said there will not be any discussion of disciplinary actions as the Rules of Procedures do not include disciplinary actions rather it is a guide to Council on how to run its meetings. Pastor Thomas asked where the disciplinary rules could be found. Ms. Notar explained that the State Code gives legislative authority to discipline Council Members and lists types of censure; however, disciplining Council for comments made can be challenging because of the free speech issue. Pastor Thomas asked if a Council Member makes inflammatory remarks to citizens if they are putting the Town of Leesburg at risk for damages. She added that Council Member Dunn said hurtful things and pointed them at the African American community and then did not have the decency to meet with NAACP. Pastor Thomas asked if Council is concerned that others may sue if a Council Member causes unrest in the community. Ms. Notar said that if Council is concerned that the NAACP intends to file suit against the Town then she could be asked by Council to advise 2jPage Council Subcommittee Meeting with NAACP August 12, 2019 them. Ms. Notar said that having this meeting was the start of the dialogue to resolve the issue. Pastor Thomas noted that you cannot start a dialogue with four people who agree with the NAACP's position. They had hoped that Council Member Dunn and Council Member Thiel would be in attendance so that they could discuss their actions. Council Member Steinberg said this was discussed at Council and due to the potential that this could be a hostile meeting that it was decided to have two Council representatives that were in agreement with the NAACP's position meet first for a helpful start. Pastor Thomas asked Mr. Steinberg why he thought the meeting would be hostile if they are all professionals. Mr. Steinberg rebutted that there were statements made by the NAACP that it intended to initiate a recall process against the Mayor. He added that given those statements and a general unrest between the two parties, that Council thought it would be best to start small. Mr. Steinberg said that if the intent is to meet with the full Council that they could work towards that. He added that when the request came in, Council was uncertain of the exact topic of the meeting and now that they know they can move forward. Mr. Steinberg said he cannot speak to the actions of Council Member Dunn nor Council Member Thiel. Ms. Biberaj noted that on the national level there is a lot of rhetoric and innuendo with no checks and balances. She said that they do not want Leesburg to be a part of this. She asked what Council intends to do to ensure it won't happen again. Council Member Steinberg said Council treads lightly on free speech. He noted that there have been petitioners that have spoken to Council that have been deemed inappropriate but were allowed to continue. He added that Council Member Dunn had many other opportunities to express his opinion on the proclamation versus writing comments on his signature line. Mr. Steinberg asked what the process is for removal of a Council Member. Ms. Notar said that censure is different than removal. Mr. Steinberg noted that both he and Vice Mayor Martinez were in favor of censure and would revisit this with Council. Ms. Biberaj asked about the censure process, who can participate in the dialogue and how does a vote take place. She expressed a loss of confidence when the Mayor shut down the last request for censure before it was even started. Ms. Biberaj said there was a lot of confusion as to whether there was no vote because of a process or a personal opinion. She added that this is where the call for a recall stems from noting that there's nothing in record of the Mayor supporting the NAACP and now they don't know how individual members support the NAACP. A vote would have identified the supporters. Mr. Steinberg said he cannot speak for the Mayor regarding her support of the NAACP but it was his understanding that she is a long-standing member. Pastor Thomas stated that was incorrect and that Mayor Burk has not renewed her membership since 2018, is not a current member and when she was a member it was not for a significant amount of time. Pastor Thomas said that oftentimes the Mayor's position on NAACP issues is that she cannot help which has forced the organization to turn to the media influences in order to gain support. Pastor Thomas gave the Sycolin Cemetery as a good example. She added that the former NAACP President Philip Thompson and his wife Tanja were attacked by Council Member Dunn in the past and nothing was done. She said if something had been done then, that they would not be at this meeting. Council Member Steinberg asked for clarification on the comments made 3 'Page Council Subcommittee Meeting with NAACP August 12, 2019 regarding the Sycolin Cemetery. Pastor Thomas said there is a lot of history on this project that is not the subject of the meeting, but that when asked for help from the Mayor it was not there and that there had to be a complete shutdown before she would take action. Mr. Steinberg asked if the inaction was directed at the Mayor. Pastor Thomas noted that she is a member of Council. She added that she is a democratic Mayor that is always coming down on the wrong side of the NAACP. She thanked Vice Mayor Martinez and Council Member Steinberg for penning a letter in support of the NAACP. Pastor Thomas questioned Mayor Burk's bravery for not attending the meeting and asked those in attendance how she did not see the defaced proclamation before it was handed out in error. She added that she likes the new process and is pleased that the proclamations will be correct but that the Mayor's actions were almost unforgivable and disrespectful. Mr. Steinberg stated that he did not believe that it was deliberate act. Pastor Thomas said that if the proclamation was being given to a Jewish community that it would not happen. She said that there was already a known problem with this proclamation so why would the Mayor not double check to be sure it was correct before presenting it. Pastor Thomas said that it deserved a second look but as an African American community they are not given that second look. Vice Mayor Martinez said part of the issue that evening was that there were events that were unexpected and that blaming the Mayor is not an excuse. He added that Council does not target the African American community and to say that they would treat a different community is wrong. Pastor Thomas said that Council is hesitant to act when the NAACP is targeted. Ms. Biberaj noted that the NAACP looks at issues with a different interest. She said without that same lens they don't have the same support or expectations. She noted that the disappointment is real and appreciates the policies and procedural changes but while Council deals with hundreds of issues, there is this one issue that is very important to the NAACP. They would like to focus on the issues and while it appears everything is directed at the Mayor, she is the leader but it will take the whole Council to help the NAACP feel more comfortable moving forward and feeling respected. Ms. Notar noted that Council will be discussing its Ethics Policy at the September 9, 2019, Work Session. Ms. Biberaj said that is good that Council will be addressing this but asked for clarification on what the current policy is for disciplinary action. Ms. Notar said that unfortunately defamatory language is not actionable. Pastor Thomas said she understands that there's nothing that can be done about KKK flyers. She said that is demeaning language that they cannot do anything about but that Council Member Dunn used his platform as an elected official to demean people. She said that there has to be some action in the Ethics Policy. Pastor Thomas asked where are they and when will they start talking about them. Ms. Notar said that Council will be discussing its Ethics Policy. Pastor Thomas asked if there was a Book of Discipline. Ms. Notar said that a Book of Discipline is usually included in the rules. Ms. Biberaj asked if the Town had this. Ms. Notar said they do not. Ms. Biberaj asked if they will to which Mr. Steinberg said Ms. Notar could not answer this as it was a conversation that Council would have to have. Ms. Biberaj said that it is a conversation that everyone wants to know what Council's expectations are going to be. She reiterated that in the world there are crazy harsh words being used they want 4'Page Council Subcommittee Meeting with NAACP August 12, 2019 to know how Council is going to express its views. As a community she added that they need to know where Council stands and that there should not be passive - aggressive behavior. That way everyone will know someone's position as he has the opportunity to speak in the open. Pastor Thomas stated that they want Council to add specific language to their Code of Rules and Code of Conduct that Council act at a certain level of decency. She noted that it was recently reported about a high level White Supremacist holding meetings and recruiting in Leesburg. The NAACP wants protection from Council. They want a policy that protects their freedom. Mr. Dentler provide the NAACP representatives with a copy of Council's current Code of Ethics. Pastor Thomas said bringing it up will show who supports the NAACP and who does not. Mr. Steinberg agrees to have the conversation and said this is a highly visible situation. He said while he is not a member of the African American community, he can have an understanding of the pain and the hurt. He also noted that he learned of the White Supremacist here in Town. Pastor Thomas addressed the Memorandum of Understanding with the Town and that it is heavy on the Police side of Town operations but expressed a desire to have a Work Session on how the Town can augment the agreement to include Town Council issues. She noted that the current agreement with the Police Department has been working well and that she typically receives updates from the Chief of Police or the Police Public Information Officer, as necessary. Mr. Dentler handed out copies of the current NAACP/Town of Leesburg MOU. Pastor Thomas said that if a similar relationship was in place like they have with the Police Department, then she would have expected a phone call from the Town saying that there's an issue with the Proclamation and not to come instead of walking into the time bomb. Council Member Steinberg asked if Pastor Thomas thought it was intentional that the wrong proclamation was presented. Pastor Thomas said that Council knew that the original proclamation was incorrect and resigned it at the meeting. She asked for clarification as to why the incorrect ones was there. Mr. Dentler explained that when he was apprised of the situation he asked Ms. Boeing to prepare a clean version for Council to sign but not destroy the signed one because staff cannot tell Council how to act. Therefore, two copies of the old proclamation and two copies of the new proclamation were given to Council to decide how they wanted to proceed. Mr. Dentler said it was an honest mix up on the dais. Pastor Thomas said she could see that but asked why there couldn't have been only one copy. Mr. Dentler said if Council passes its new policy at the Council meeting, that it will be the process moving forward. Ms. Biberaj asked about communication. Pastor Thomas noted that they would like to be better informed when issues arise. She said there is currently nothing in place for Council to notify the NAACP. Ms. Biberaj said it would create more opportunity to have dialogue with Council before issues escalate. Council Member Steinberg asked the NAACP to come up with a draft suggested MOU for Council and they agreed. Council Member Steinberg noted that they can't have a meeting with 5jPage Council Subcommittee Meeting with NAACP August 12, 2019 more than two Council Members and a meeting with the full Council is a little harder. He encouraged them to come up with a process to share with Council. Vice Mayor Martinez noted that he and Council Member Steinberg could call for a Special Meeting on the subject but with schedules it may be hard to get more than four members to attend. He suggested the NAACP meet individually with each Council Member to discuss. Pastor Thomas said that there has been damage to the community. Ms. Biberaj asked for more clarification from Council and to acknowledge was has happened and what is being done. Pastor Thomas said that the community needs a good apology. She said that Council Member Dunn tried to sign the proclamation but it was not available. She said that was unfortunate and that what they need is an apology for what happened. She added that they need disciplinary actions that would be in the Ethics Policy and in the Code of Conduct. Pastor Thomas said censure is not off the table. She would like to see it brought up and a good vote taken. She said the last thing Council wants to do is shut down the conversation with the NAACP. They need to talk through the issues. Mr. Steinberg asked Pastor Thomas to elaborate more on the last item. Pastor Thomas noted it was about the censure motion that was defeated and that there should have been some discussion. She said the reason why the proclamation was so hurtful was that it was about bringing attention to correcting the age of a 14-year old lynching victim. Pastor Thomas said that Council Member's Dunn's actions tried to reshape what this proclamation was about and action that the NAACP found offensive. Ms. Biberaj asked if that was in a process as to why the vote did not continue. Mr. Steinberg said it was a 3-4 vote. He noted that several motions failed 3-4 which did not allow for any further discussion. Ms. Biberaj noted she wanted to understand the process so that she will know what can be done to reengage the conversation. Mr. Steinberg said that each Council Member is an individual member and that everyone has an equal vote and that the majority drives the action which may not always be favorable. Pastor Thomas thanked Vice Mayor Martinez and Council Member Steinberg for their efforts. She noted that Vice Mayor Martinez always takes her calls and that they have discussed a lot of issues. Pastor Thomas noted that this is not just about the African American community. If Council is doing this to the NAACP then they will do it to other communities. Ms. Tandy asked who the draft of the MOU should be sent to. Mr. Dentler recommended sending it to the Mayor and Council. He noted if they send it to Ms. Notar or himself they will simply forward to Council. 3. Adjournment The meeting adjourned at 10:33 a.m. (?,„26:e4.,e -e-t, 17) Clerk of Council 2019_tcsubcommitteemeeting08 12 61Page