AIUZONA STATE SENATE
RESEARCH STAFF CHRISTINA ESTES- WERTHER
LEGISLATIVE RESEARCH ANALYST
TO:
JUDICIARY COMMITTEE
Telephone: ( 602) 926- 3 17 1
Facsimile: ( 602) 926- 3833
JOINT LEGISLATIVE AUDIT COMMITTEE
DATE: January 3,2008
SUBJECT: Arizona Civil Rights Advisory Board
Attached is the final report of the sunset review of the Arizona Civil Rights Advisory Board, which
was conducted by the Senate and House of Representatives Judiciary Committee of Reference on
December 12,2007.
This report has been distributed to the following individuals and agencies:
Governor of the State of Arizona
The Honorable Janet Napolitano
President of the Senate
Senator Timothy S. Bee
Senate Members
Senator Chuck Gray, Cochair
Senator Cheuvront
Senator Gould
Senator Miranda
Senator Waring
Arizona Civil Rights Advisory Board
Office of the Auditor General
State Library, Archives & Public Records
Secretary of the Senate
Senate Republican Staff
Senate Democratic Staff
Senate Research Staff
Senate Resource Center
Speaker of the House of Representatives
Representative Jim Weiers
House Members
Representative Adam Driggs, Cochair
Representative Kirk Adams
Representative Tom Chabin
Representative Steve Yarbrough
Representative Kyrsten Sinema
Chief Clerk
House Republican Staff
House Democratic Staff
House Research Staff
COMMITTEE OF REFERENCE REPORT:
ARIZONA CIVIL RIGHTS ADVISORY BOARD
Background
The Arizona Civil Rights Advisory Board ( Board) was established in 1965 to assist the Civil
Rights Division ( Division) of the Department of Law in protecting civil rights of Arizona citizens. The
Board assists the Division in making periodic surveys of the existence and effect of discrimination,
fostering the elimination of discrimination, issuing publications of research and study results, making
recommendations on proposed civil rights procedural rules and holding hearings on civil rights issues.
In accordance with A. R. S. 5 4 1- 3008.1 1, the Board terminates on July 1, 2008 unless legislation is
enacted for its continuation.
Pursuant to A. R. S. 9 4 1 - 140 1, Board membership is composed of seven members appointed by
the governor, with not more than four of the members from the same political party. Initially, two of the
Board members were appointed for terms ending January 3 1, 1966, two for terms ending January 3 1,
1967, and three for terms ending January 3 1,1968. Currently, each member serves for a three- year term
that expires on the third Monday in January of the appropriate year. Vacancies are subject to the same
limitation with respect to party affiliations as the original appointment.
The Board meets at least four times per year and receives minimal compensation pursuant to
A. R. S. 5 38- 6 1 1 which authorizes compensation not to exceed thirty dollars for each day engaged in the
service and A. R. S. 5 4 1 - 140 1 which limits the compensation to $ 1,000 in any fiscal year. The Board's
resources are supplied through the Division with the Chief Counsel of the Division serving as the
Board's Executive Director and an Assistant Attorney General serving as the Legal Counsel for the
Board, in addition to Division support staff.
Committee of Reference Sunset Review Practices
The Committee of Reference held one public hearing on Wednesday, December 12,2007, to
review the Board's response to the sunset factors as required by A. R. S. 5 41- 2954, subsections D and F,
and to receive public testimony. Members of the public testified. See minutes for complete listing.
Committee of Reference Recommendations
The Committee of Reference recommended the Board be continued for ten years.
Attachments
1. Letter from Senator Chuck Gray requesting the Board's response to the sunset and agency factors.
2. Board's response to the sunset and agency factors pursuant to A. R. S. 5 41 - 2954, subsections D and
F.
3. Board's Bylaws.
4. Board's 2007 Meeting Minutes.
5. Board's Recommendations, 2000- 2007.
6. Meeting Notice.
7. Minutes of the Committee of Reference Meeting.
REQUEST FOR SUNSET &
AGENCY FACTOR RESPONSES
FROM THE BOARD
SENATOR CHUCK GRAY
1700WEST WASHINGTON, SUITE S
PHOENIX, ARIZONA 85007- 2844
CAPITOL PHONE: ( 602) 926- 5288
CAPITOL FAX: ( 602) 417- 3161
TOLL FREE: 1- 800352- 8404
cgray@ azleg. gov
DISTRICT 19 - MESA
COMMITTEES:
TRANSPORTATION, VICE- CHAIRMAN
JUDICIARY
NATURAL RESOURCES 8 RURAL
AFFAIRS
LEGISLATIVE COUNCIL
June 11,2007
Melanie Pate, Chairman
Arizona Civil Rights Advisory Board
1275 West Washington St.
Phoenix, AZ 85007
Dear Chairman Pate:
The sunset review process prescribed in Title 41, Chapter 27, Arizona Revised Statutes, provides a system
for the Legislature to evaluate the need to continue the existence of state agencies. During the sunset
review process, an agency is reviewed by a legislative committee of reference. On completion of the
sunset review, the committee of reference recommends to continue, revise, consolidate or terminate the
agency.
The Joint Legislative Audit Committee has assigned the sunset review of the Law Enforcement Merit
System Council to the committee of reference comprised of members of the Senate Judiciary Committee
and the House of Representatives Judiciary Committee.
Pursuant to A. R. S. $ 41- 2954, the committee of reference is required to consider certain factors in
deciding whether to recommend continuance, modification or termination of an agency. Please provide
your response to those factors as provided below:
1. The objective and purpose in establishing the agency.
2. The effectiveness with which the agency has met its objective and purpose and the efficiency with
which it has operated.
3. The extent to which the agency has operated within the public interest.
4. The extent to which rules adopted by the agency are consistent with the legislative mandate.
5. The extent to which the agency has encouraged input from the public before adopting its rules and the
extent to which it has informed the public as to its actions and their expected impact on the public.
6. The extent to which the agency has been able to investigate and resolve complaints that are within its
jurisdiction.
7. The extent to which the Attorney General or any other applicable agency of state government has the
authority to prosecute actions under the enabling legislation.
8. The extent to which the agency has addressed deficiencies in its enabling statutes that prevent it from
fulfilling its statutory mandate.
9. The extent to which changes are necessary in the laws of the agency to adequately comply with these
factors.
10. The extent to which the termination of the agency would significantly harm the public health, safety
or welfare.
1 1. The extent to which the level of regulation exercised by the agency is appropriate and whether less or
more stringent levels of regulation would be appropriate.
12. The extent to which the agency has used private contractors in the performance of its duties and how
effective use of private contractors could be accomplished.
Additionally, please provide written responses to the following:
1. An identification of the problem or the needs that the agency is intended to address.
2. A statement, to the extent practical, in qualitative or quantitative terms, of the objectives of the agency
and its anticipated accomplishments.
3. Identification of any other agencies having similar, conflicting or duplicate objectives, and an
explanation of the matter in which the agency avoids duplication or conflict with other such agencies.
Please be thorough.
4. An assessment of the consequences of eliminating the agency or of consolidating it with another
agency.
In addition to responding to the factors in A. R. S. 5 41- 2954, please provide the committee of reference
with a copy of your most recent annual report. Your response should be received by September 1,2007
so we may proceed with the sunset review and schedule the required public hearing by October 15,2007.
Please submit the requested information to:
Christina Estes- Werther
Arizona State Senate
1700 West Washington
Phoenix, Arizona 85007
Thank you for your time and cooperation. If you have any questions, please feel free to contact me at
602- 926- 5288 or Christina Estes- Werther, the Senate Judiciary Committee Research Analyst, at 602- 926-
3171.
Sincerely,
Senator Chuck Gray
Arizona State Senate
Mesa - Legislative District 19
BOARD'S RESPONSE TO THE
SUNSET s AGENCY FACTORS
1275 West Washington
Phoenix, Arizona 85007
( 602) 542- 5263
August 3 I , 2007
Chi- 1st ~ naE stcs- Wcrtlicr
licsc;~ rch Aiii~ lysl
Ai- l/ oni~ S cnatc . l~~ dic~ Caormy mittee
A~-~/ onSala lc Scnatc
1700 Wcsl Wnsli~ ngtori
I'liocn~ x, Al-~/ onu8 5007
Rc S~ lnsctI < cv~ cwo fAr~ i. onC;~ lv ll Rights Atlv~ soryB ean- tl
Llcar Ms. Estes- Werthei-:
' flic follow~ n~~ ii fo~ mat~ ISo pnlo v~ dcclt o ass~ stIl ic C'oiiim~ ltcco r licfcrcncc rn ~ t s
Suiisct licvicw oftlic Arl/, ona CIVIIli iglits Advisory Boaltl (" AC'IIAR")
, . 1 lie ol~ jcctivca nd purpose in cstablisliing ACIIAB was lo create an advisory
I> oi\ rtl orprivate citizens from multiplc politic:~ l pal- ties to assist tlic Arizona Civil Rights
Ilivision (" the . Division") in protecting the civil I- iglitso lA~- izon; ct iti~. cnisn the
lbllowing ways:
Ass~ st~ t~ lici gD IVISIInO n~ in klng pcr~ odlcs urvcys of llic cx~ stc~ iacncd effcct of
tliscr~ niiiiat~ oI ~ nC C ~ L I S01C I-; ICC, color, rcl~ grons, ex, ilgc, clisab~ l~ tlyi,~ ni~ ls~ laatlu s
or natronal orlgln 111 tlic cnjoymcnt ol'c~ v~ r~ lg litsb y any pcr- son w111i11t- l1i ~ ss ti~ tc
as p~- cscl-~ b1c1d1 t lic Arlzon;~ C ~ vlli lghls Act
Asslst~ iigtl ic D~ v~ s~ 111o Ino stc~~ ntgli, r ougli community cllort, In coopcratlon w~ th
I> olli p ~ ~ balnt~ 1 cpr -~ v;~ gtcro Llps, tlic cl~ m~ natioonl' d~ scr-~ m~ ii; b~ ats~ etoi no n racc,
color, rcl~ glons, cx, agc, cl~ sabil~ lyI'a, m~ llals tatus or n;~ t~ on0:~ 1- ll gln
Ass~ stingtl ic D~ vrsroii1 11 I S S L I I Ip~ u~ h l~ catronso l'rcs~~ lolls sl~~ cl~~ cnsv, est~ g:~ t~ ons
ancl rcscitl- ch ; IS III ~ tsjuclgrncntw ill tc~ itlto promotc gootlw~ lla nd thc cliiii~ nat~ on
of d ~ s c r ~ m ~ n ib~ cttw~ occn~ i1 x1- sonsh ccausc o l t , lee, colo~, l cl~ glons, cx, age,
d ~ s aIhll~ y, Ihni~ l~ satla tus or nat~ oii;~ 01l I ~ I I ~
Cl~ ristiiiaE stes- Werther
Research Analyst
Aiig~ lst3 1, 2007
Page 2 of 7
Making recommendations to the Division on proposed civil rights procedural
rules.
Holding evidentiary hearings and making detemiinations regarding whether
reasonable ca~ lsee xists to believe that discrimination occurred in places of public
accommodation based upon race, color, religion, national origin or ancestry.
2. The effectiveness with which the agency has met its objective and purpose
and the efficiency with which it has operated.
ACRAB has been very effective in holding public forums to carry out its purposc
of assisting the Division in identifying civil rigllts problenis and making
recoi~ imendationst o the Divis~ ona nd others in the coinn~ un~ ttoy protect the civil rights
of Ar~ zonac itizens. By way of exaniple, ACRAB has held public forums to gather
information and/ or make recommendations on the following issues:
Crime fiee houslng programs and their impact upon the fair housing rights of
Arizona citizens. Afier holding public forums on this Issue in Tucson and
Phoenix, ACRAB issued a public letter on April 10,2007 to make members of thc
housing industry aware of civil rights concerns regarding how s11c11 programs arc
administered. The letter resulted in much discussion anlong the housing industry
and law enforcement agencies about the civil rights issues that are related to crime
free housing programs. The Division was subsequently asked to give
presentations to representatives of these groups regarding the intersection betwecn
the Fair Housing Act and crime free housing programs. Approximately 1 12
people attended the forums hosted by ACRAB, and many shared their opinions
directly with the Board members. The Tucson forum was held at Pima
Community College and the Phoenix forum was held at South Mountain
Community College.
The availability ~ Saccessibleh ousing for individuals with disabilities. After
hosting a public for~ 1111o n this issue in Phoenix, ACRAB reconiinended that the
Division propose legislation to require that building codes incorporate fair
ho~~ sinacgc essibility provisions. As a result of this liear~ ngA, CRAB also becamc
aware of and nionitored state efforts to enable individuals with disabilities to
transition out of nursing homes and into the comniunity. Approxinlately 45
people attended the forum and 15 of them spoke to the Board about this ~ ssuc.
Law enforcen~ enta nd community relations in Casa Grande. After ACRAB held a
public forum in Casa Grande among members of the public and police officials at
which race and national origin discrimination allegations were made, the Casa
GI- ande Police Department created a Citizens Review Board to monitor this i s s ~ ~ e
within tlic Department. This Board is still 111 existence and was a direct result of
1275 Wcst W,~ sh~ n~ rPohno, c n~ x, A ~ vona8 5007- 2926 Phonc 002 542 7710 I- ax 602 542 8865
Christina Estes- Werther
Research Analyst
August 3 1, 2007
Page 3 of 7
the ACRAB forum. Approximately 65 people attended the hearing and 14 people
spoke directly to the Board.
I- late crimes and discrimination affecting the GLBT community. ACRAB held
forums on this topic in Tucson and Phoenix to survey the nature and scope of
problems faced by this community. Approxiniately 15 people spoke to the Board
about this issue.
The status of the court- ordered plan to serve students with limited English
proficiency. ACRAB received infomiation from advocacy groups, the Arizona
Department olEducatioii, and members oftlie public at a public for~ lmin Tucson,
and decided to research pendlng legislation and other factors before making
recommendations on this issue. Approximately 10 people attended thc forun~ a nd
three people spoke directly to the Board.
School safety plans and distressed mobile home parks and relocation issues.
After a public forum regarding programs to address school safety in Tucson and
statewide, ACRAB sent a letter to the State Superintendent of Scliools to
encourage continued efforts toward school safety statewide and to recommend
adding a civil rights component to scl~ oosl afety planning. Approximately 10
people attended the forum and six people spoke to the Board about these issues.
School harassment. ACRAB hosted a public forum at Cesar Chavez High Scliool
in Phoenix and provided education and outreach to students and teachers on tliis
topic. Approximately 50 people attended the forum and nine people spoke to the
Board about this issue.
Holding public hearings on alleged public accommodation discrimination cases.
ACRAB held two public accon~ modation discrimination hearings in Tucson at
which it made determinations olreasonable cause to believe that discrimination
had occurred. Due to statutory amendment by the Legislature in 2002, ACRAB
170 longer holds administrative public accon1modation discrimination hearings.
ACRAB is efficient in using Division staffto organize its meetings and public
forums without incurring separate administrative salaries, expense or overhead.
Although the Dlvlsion has statutory authority to employ an Executive Director and other
necessary personnel lor ACRAB under A. R. S. 5 41- 1402( A)( l), these roles are filled at
no additional cost by the Division's Chief Counsel, an Ass~ stanAt ttorney General, and
clerical support staffwho are already employed by the Division. ACRAB uses emails
rather than postage to provide notice ofineetings and to d~ stributeit s recon~ inendationsto
a wide audience.
1275 Wcst Wasli~ ngton, I'hocnix. Arizona 85007- 2926 - I'honc 602.542.77 16 Fax 603.542.8865
Christina Estcs- Wcrthcr
licscarch Analyst
Atrg~~ 3s t1 , 2007
I'agc 4 of 7
In addit~ onA, CRAB avoids incurr~ ngc osts for p~~ blmrcc ctlngs by work~ ngw ith
state and local agcnclcs to the cxtcnt possiblc In icscrvrng nicctrng s~ teast no cost, and
obtarns trarn~ ngan t1 background infom~ at~ oWnI ~ ~ O L I cI ost li- on1 Divrsron mcmbcrs, siaic
agcncres, and mcmbcrs of thc p~ rblic. B oard Mcnibcrs do not have pliys~ calo fficcs or-other
stirtc bcneiits that nced to be paid for or mariita~ nctl ACRAB gcncrally lnccts In
pcrson on a q~ rarterlyb as~ san d holds some mcctrngs tclcpl~ on~ callwy, i tli all mect~ ngs
open to the public. Board members arc paid $ 30 pcr mcetlng plus cxpenses for attend~ ng.
W~ thth csc cost savlngs, ACRAB operates cfficlcntly ; lnd ilt mrn1m: ll cost to tlic stnlc.
3. ' I'l~ ce xtent 10 wliicli the ilgency hi~ so pcralcd in Ihc p~ ihlicin tci- cst.
ACRAB's actlv~ tresa rc cnt~ relyfo r the pur- poscs 01' prolcct1ng tlic civil rights 01'
AI- uona c t t ~ ~ cannsd prov~ tl~ na gg overnniciit cnllty t l l i ~ tc an cxplorc varrous c1v11n ghls
rssucs while obta~ nrngv aluable ~ nputli - 0111t lic pul111c I'iolccting 111c crv~ lr rghts of
Ar17ona cltuens 1s an ~ s s ~ orfc t hc utmost p~~ blrlnclc i- csl
I11 addition, ACRAB provides this scrvlcc witli vcry rn~ iilmal cost to llie Statc.
4. The extent to which rules acloptcd by tlic ; igcnc? l arc consistcnt with tlic
Icgislative m: rnrlatc.
ACRAB adoptctl arnended bylaws In 2004. ' flic ~ miciidctl bylnws arc consistcnt
with ACRAB's lcgislative n~ andatc. ACIUB has not aciopted any othci- r~ rlcs
5. The extent to wllicli the agency lias c11co11riI~ ccinl put 1' 1- 0111t llc ~> ublich efore
; lclopting its r~ llesil nd tlie extent to which it h: rs i11Co1- medt lic pablic as to its
actions and tlieir cxl> ccted inlpilct on tlic p~ rhlic.
ACRAB provided notice to the publ~ co l'proposcd aniic11dn1cntst o its bylaws.
Afier ~ ~ S C L I S StJhIeI ~ b ylaws at an open mccting, ACRAl3 sclicdulecl ancl noticctl a
subsequent p~ 1b11ncic cting Ior action on tlic bylaws
ACRAB provrdcs aclvancc wrrttcn nol~ cclo the PLIIIIIC ; ~ h o1~ 1s~ iitic ctrngs VI; I
cmarl and by postrng ~ tms c etrng r~ ot~ cacnsd agcntlas rn p~ 111lrpc laccs A11 of ACUAB's
rncct~ ngsa rc open mcct~ ngsa nd ACRAB rncluclcs il call to tlic public to gct rnput abou(
thc agcnda rtenis. ACRAB 1s tl~ llgcnta boul ~ nli) r- mrngtl ic P L I ~ I I Ci ~ ho~ trlitc actrons 11
tahcs. As an ctaniplc, ACRAB provldccl coprcs ofrts Aprrl 10, 2007 lettcr icgartl~ ngth c
civ~ Il- ~ glit1sn 1pact of cr~ nlcfr cc liouslng piograms lo cvcryonc who altcntlcd 11s l'ucso~ l
and Pliocn~ xp ubl~ cf orums on the toprc, and askcd Ilia1 tlic IJ S Ilcpartmcnt of 1- lo~ rs~ iig
& Urban Dcvclopmcnt, thc Ar~ zonaM L I ~ ~ I ~ A~ SSoOLCIIS; I~ M~~ i~~~ IiIi ,~ ~ lii~ lt- I~~~) r~ e~ ds ing
C'omm~ rnrticso f Arrzona, ; tiid tlie Intcnial~ or~ Calr rmc I- rcc Assocratloii tlrsscni~ n;~ ttlcic
lcttcr to lamdlorcls and propcrty managcl- s, ancl olhcrs rnvolvcd I n cl- lmc licc lious~ ng
13 r- og~- asn i
. .
C: Ii~- ist~ lEii~ st cs- Wcrtlic~
l i csci~ rch Analyst
A L I ~ I3I 1 S, 2~ 0 07
I'Llgc 5 o f 7
6. ' I'hc cxtcnt to which tllc agency has been ahlc to irlvcstigatc arlcl resolve
coml~ l; rinlst Il;~ til rc within its ~ III- isdiction.
ACRA13 presently has no ji~ risdictiont o ~ nvesligalca nd resolve individual civil
rights compli~ ints. A CRAB members I- eli- I- s 11c1ic ivil rights coniplwints directly to the
Civil Riglils Division for investigation and resolution. Bclorc the 2002 amendment ofthe
AI- izonil Civil Rights Acl, ACKAB held public hearings and madc deterniinations of
~- e:~ son;~ cbalucs e I- cgartling ccrtain pllblic ;~ ccommoclatiollt liscrimini~ tionc omplilints. As
discussctl above, ACliAB holtls public Soru~ iisto investig;~ tec ivil rights issues and,
wlicre al, p~- olx- i;~ tmc, a kcs rcco~ iimcndationsto resolvc those issues.
7. ' I'llr cstc~ lto which the Attorney General or ;~ nyo ther ; rpl> licahle agency 01'
st; rtc govcrnrnr~ ith as the al~ thorityto prosccolc actions ~ r~ ltltchrc co;~ l) ling
1cgisl; rt ion.
' l'lic Attorney Gcncr:~ ln ntl tlic D ~ v ~ s ~ hauven the author~ tyto ~ nvcst~ gaatnct 1
l> rosccutc c~ vlrl ~ glitsa ct~ onsim dcr thc Arwona CIVIIR ~ ghtsA ct Tlicsc actlons rclatc to
cl~ sc~ l m~ nntroInn thc areas oflious~ nge, mployment, pi~ bllcr rccommodatlons and vot~ ng
8. ' I'l~ cc xte~ it o wllicl~ t he ;~ gcncyh as ; rtltlrcssctl tldicicncies in its cnabling
st; ltutes that p~- evcnitt from f~~ llillinitgs st; rtoto~- ym ; rncl; rle.
ACRAB has been able to filllill its statutory manclate within the paranicters of its
enabling statutc.
9. ' I'hc cxtcnt to which changes ; rrc necessary in t l ~ cIir ws ofthe irgcncy to
irdcq~~ ateclyor nply wit11 these filctors.
Not applicable.
10. ' l'hc cxtent to wllicl~ t he termination of tlre irgcncv wi) uld significantly harm
the pt~ hlich c; rlth, s;~ fetyo r wcli; r~- c..
ACRAB plays a veluablc role In examilnlng the cclstcncc ancl cflcct ol
t l ~ s~ cm~ ~ nalloand fostcl-~ ngI1,2 1 ough com~ iii~ nc~ ftloyl I, thc cl~ rnlnat~ oonf d~ scr~ rn~ natlon
I> asctl on ~ , ~ ccco, l o~ r, el~ g~ osne, x , age, d~ sab~ l~ latnyl,~ llnlS I ~ I I I IoSr n; tt~ onalo rlgln Most
I- cccntly, 1 1 has taken a slancl and startcd an 11iipo1- Ii11~ i1t 11c1l i~ ce~~ itlllla- ylo gl~ ea mong all
~ ntc~ cslcsdta keholders regard~ ngth e need to cnsurc that crlrnc frcc hous~ ngp rog1arns arc
not ~~ sctcol v~ olatcth e fall- hous~ ngr ~ glitso SA1- 1~ onca~ tl/ cns Such act~ on1 s v~ tatlo the
P L I ~ I I C WCII; II- C Accord~ nglyt, crni~ nal~ oonf ACIIAH woultl harm tlic ~ L I ~ w~ elIfiC~ r ca nt1
tlic Statc's ablllty to protccl tlic clv~ rl ~ ghtso l'Ar~/ onac llr/ cns
1 1 . ' l'hc extent to which thc lcvcl of rcgol; ltion cxcl- ciscd hy the agency is
;~ ppropriatca nd whether less or more stringent levels of regulation would bc
iippropl- iatc.
ACRAB IS an ndvlsory boin- tl and 11 1i; ls 110 rcgulntory al~ thonty. The Civil R~ ghts
Dlvls~ ono, f'wli~ chA CRAB IS a part, lias rcgl~ latorya utlior~ tyf or c~ virli ghts matters
ilndcr tlic Arrzona Civ~ Rl ights Act. ACRAB and tlie D~ vlslonw ork togcthcr to cnforcc
c1v11r ~ glitsla ws 111 A r ~ ~ o n a
12. ' l'lie cstcnt to wliicli llic agency l i ; ~~ l scclP I- iv; llc contr; ictors in the
pel- l'orm; incc of its tll~ tiesa ncl how cffcctivc use of privirtc con11- actorsc oolcl
he ;~ ccoml) lishctl.
ACRA13 1s composcd ofpr~ vatcl tlzcns appo~ ntctlb y tlic Ciovcrnor, 13~ 111 1 docs
not ~ rscp r~ vatcc ontl- actol- s In thc pcrformancc o f ~ tcsl ulrcs. ACIIAB lias no budgel
13. An identification of the problem or- the 11ccc1s tliiit tlic ilgcncy is intcnclcd to
adcll- css.
As cliscussetl 111 aiiswcl- to Itcm No. I, ACIIAB is intendctl to proviclc a link
I3crween tlie Division ; 111( l tlie co~ iimi~ nirtcyg ar- ding ; I variety o. SciviI rights iss~~ cs.
13ccausc ACliAB is matlc up ofpr- ivalc citizens that are al~ pointcclb y the Governor, it has
a divel- se liame ol'relcr- ence with which to provitlc i~ iclepenclent and ol, jec~ ivc
rcconimc~ iclations to tlic Division and to tlie conimunity on civil rights issues. In doing
so, ACRAB assists the Division in idcnlifying ancl eliminating discriiiiination in the Stare
of Arizona.
14. A statement lo llic cstcnt pl- i~ cticali, n cloalitativc or c111; tnlitativet erms, of
the oh. jcctives of tlie agency ant1 its :~ nticip: itcd accomplishments.
Scc ariswcl- s to Item Nos 1, 2 and 13 for a d~ scuss~ orcng nrcl~ ngt lic pill- poses,
r.
oblcct~ vcsan t1 ircconipl~ slinic~ iotsf thc Boartl I hc oblccl~ vcso f tlic 13oard ncccssanly
Icrnmn 17u1tls o that 11 can bc flcx~ hlcIn atldi- ess~ ngp lcsslng c ~ vI~-~ lg lit~ ss sucsth at may
a1 ~ sIcn cmploymcnt, I~ OLISPIILII~~,~ ; I~ Ccc o~ iinio( l; rt~ aon~ t1i sv ot111g
15. Ic1cntific; ition of' iiny otlier iigencics having similirl-, conllictin~ o r cloplic; rtivc
ol, jcclivcs, ancl iIn cspl;~ n;~ tioonf thc m; lnncr in wliicl~ tl lc ; igcncy i~ voicls
cl~ lplic;~ tioonr conllict with other s~ lch;~ gcncics.
ACIIAB, wli~ cliw as crcatccl dunng the tcnirrc oSAttomcy Gcncl- al Gary I(
Nelson itntl ha\ conl~ n~ rc1c1l1 efl'cct for t1i11- ly- livey ears, pcrli> r~ iisli ~ nctrons0 112 1 slatew~ tlc
lcvcl tI1i1t 11ic U S C'onim~ ss~ oon C I V Ili~~ ghtsp erlornis on : I nal~ onalI cvcl iuid that
m t ~ n ~ c ~ cp~ i ~ vrl~~ gl l itsc omriilsslolis pc1- 101- 1ioi n a local lcvcl Spcc~ licallyA, CKAR
I -
Christ~ na Estes- Wcrthel
licscarch Anal ysl
Aug~~ 3s 1t , 2007
Pagc 7 of 7
gatlicrs in formation 011 civil rights issues througl~ p ublic Sorun~~ ans d makes
recoinnientlations to the Division and otlicr iiiterestcd parties to rcsolve tlicm. ACRAB
opcrales in conjunction with the Division. There is 110 tluplicalion or con. flict hetwcen
ACRAB, the Division 01- other- agencies.
16. An assess~ neuto f the conseqlrcnces of clirnin;~ tingt he agency or of
consoliclating it with another agcncy.
Ellnilnatlng ACRAH would liavc untlcslli~ blcc onscclllciiccs Tor thc preservation
; uid S~~ rtlicrancoef c ~ vI~-~ lg litsa, n d could also provldc ; I ncgat~ vcs lgnal lo thc public
i1l7out thc ~ mportaiicco f clvil r~ glits11 1 Art;. ona. ACliAR is all- cady consolldatcd within
tlic Divis~ ona nd ~ t costs thc State very l~ ttlcto ii1; untaln and opci- ale tlic Hoard's
actlvll~ cs Currently, ACIIAB provicics a valuablc publlc Soruni for privatc clti;. cns to
gatlicl- ~ iilbrmatlono n c~ vlrli ghts issucs and makc rccommcndat~ onsl or resolving them
I- lavlng c~ tizcii1 nvolvcrncii11 s an important role 111 our clemocracy, pat- ticulal- lyw ith
I- cg~ u- tdo saleguartllng lirndamcntal civll rights
17. I'rovide a copy ol'your most I- ccent irnnual report.
ACRAH docs not lssuc annual ~ cports As pi- cv~ ouslym eiitloncci, liowevcl,
ACRAB is part ofthc Civil Rights D~ vlslonp w- suanl to A R S. \ 41 - 1 401 ( A). A copy of
tlic Dlv~ sioii'sm ost rcccnt annual rclmrt is attachccl
Plcasc let 11s know i you would like any add~ t~ onianlS onnatlon to assisl you ancl
the Committcc of Reference with respcct to AClIAB's sunsct review.
$ Tne C V9 1ghtsD iv~ s~ o~ nn forces also prowdes educaton a d Division k - ~ J I
; the Arizona CIVIIR ~ ghtsA ct \ . A J ~ I C ~ outreach to the oilbllc Hjghlighfs k8w; 4
prahibts dscrmnat~ onn ye $$$ > I The L~ t~ gat~ Soecnt ton is lnvesttgated 1,243 discr~ rnlnatton 5 kt&+ h ;. il e~, olo\/~- nentv, oting cublic respons~ blefo r lit~ gat~ oInn state charges and resolved 873 cases :\ B $
, acconimodat~ onsa nd housing by I r and federal courts tnvolvlng CIVII
$;/ invest~ gat~ nrgn, e diatng and F~ led1 4 housing, employment $
~ ~ i\/ i~ olatt~ son sIn the areas cf / iht~ gatrngc tvll tlghts comulalnis and publtc accommodat~ ons 8
employment houslng publlc
1 lawsu~ tsa nd resol\/ Tile D~ vs~ oprno vides conflict accomrnodat~ onsa nd vottng
1 resolut~ ons ervlces and med~ at~ on rights It also provides legs1 obtaln~ ngin junct~ vea na monel
I rel~ ef or dtscf~ mtnatlonv ~ ct~ ms p programs statewde It respor: ds : Esourcss for leglslaii\~ ea cttvities
to coniplatnts arid uloact~ vely educatio~ a sid o~ rtleach Mediated 93 clvll r~ ghtsc ases
and successfully reached an I I seeks io reduce discr~ m~ naiory w 1 ,$ A
I The Conillct Fiesolution Program,
1 ccnduct by prov~ d~ teigd ucat~ on agreement in 51 cases The b?; i
3 a component of ths Litigation - I. p
and outreach In the cornmun~ ty med~ ateda greements ylelded l? 8T, i Sect~ on pro\/ ldes sen~ lces $ a
$ 272,759 In rel~ ef, t nclud~ ng
1 The Dlvls~ onIS compr~ sedo f the siaie\, vde ~ nclud~ nmge dlat~ on
injunct~ ver eltef f l I Compl~ ancea nd Ll;~ gaton iac~ litat~ ocqo, nc~ llai~ oann d $ I
! *' 1 Sectlons The Conioliance Secttor tra~ nlng The m1edtat~ opnr ograms Obtalned $ 682 509 for .' F.: 1
,**\ j enforces civ~ rli ghts la\. vs In the encompass CI\/ I! ri~ htst, rc rancy, discr~ m~ nai~ volcntl ms and the ' dl : i 1
1' areas of employment, hous~ ng, \/ Ic: I~- offendearn d oihe: ~ ssues State through conc~ liation/ ;;$' 4 4
1I vpoutbnlg~ car ~ cgchotms mThoed aSt~ eoctnosan n sdc reens cmoeqdsteantt~ odenac grreeeesm ents and P y? 2
and investigates complaints
i
I ~ n\! ol\~ incqi vil rights violations. It
y3: $ 1 a Closed over 400 enipoynient $ 51 2,860 in relief to the ? ictims, The Ccmplia,- ce S? cl'o:- Decrses resol\.! ed allegatioTs th? i
p;: I clisciiminatior? cases and inclvding injunctive relief and 1< CI ~ cei\,: edth e , A ~ : ~ . . I --,.. . r,,,,..- l'- - -, b~ L the apartmerc complsx
$, I
M!! resol?/ ed 53e ernploymznt cases. compensation to ihe State. Office Outsta1i3.3- 9 i\! y- Lscal discriminated against a c ~ r r ~ e ~ t
-,
I ne Di\.! isioii also took I:? 362
new employment discrirniinalion
~ ci~ argss18, 7 new housing
c! isc: iniination charges and 87
new p~ rblica ccommodations
ciisc~. imination charges.
Re\! ised its policy regarding
case processing deadlines. The
ie\, lised policy requires boasirig
cases to be closed within 90
days and elnployment arid
pcrblrc acccrninodations cases
to be closed ~ vithin2 70 days of
the iiiing daie. As a result of the
new policy the Division \! irtually
e!~ n; inaied a backlog of aged
ip~ 1Slic accomniodations cases
dii~ inc: jh e !, iear.
The Compliance Section
investigated and resolved 174
Iiocs! ng discritninztion cases. Its
aged cases docket for housing
cases \!! as reduced from i !
percent in July 2005 to 3
percent In July 2006.
The Compliance Section
investigated and resolved 26
housing cases in\! ol?: ing coniplex
issues that included
discriminatory financing and
brokerage senlice., refusal to
pro\! ide insurance, refusal to
permit reasonable modifications
to existing dwelliiigs, steering,
iedlining, design and CO~; S!~ UC-tion
of dwellings, and failirre to
perniit reasonable accomnioda-
: ions for disabled inc! ivic'irais.
The Litigation Sect~ onre solved
14 la\. h/ soits involving housing.
emplo!! rneni and public
~ zconrnodaiioiis, y ielding
. . . . , . . . . . , , . . . . . , ~ , . , . , . . ~ ~ .
Terry Goddard with menlbers of the Fa~ r
Housing Partnership
State V. Show LOW Aparfments
and Holcombe v. Show Low
Apartments. In Ja: i:! a?! 2005.
the Att~ rneyG eneral's O? iice
seiiled i!. v3 ialr h~) gsii; g l;. t.:::~~ jiis
filed zgainsi Bosley
Management, In(;. and Sho\ r/
Lo\:?, Apartments for allegedly
denliing residents the right to live
\ with therapeutic animals
because of their general " no
pets" pclic!!. The Conseni
resident and former rcside~ tb !:
refusing to grant their rsq~ rests
ior a disability accom~~ cdaticn.
After the residents con-, plied and
removed their animals, they
rene\. ved thair reqaest that the
defendanis grant an accom-modation
for their disabilities
and allow the animals to return
to the complex. Defendants
failed to make a decision on the
residents' requests for weeks.
During that period, one of the
Terry Goddard with staff from the Tucson Civil
Rights Division af the 2006 Awards Day event
therapeutic cats was accidentally
euthanized and the other cat
disappeared.
Under the terms of the Consent
Decrees, the defendants agreed
to pay the Civil Rights Division
$ 1 00,000, one of its dissbled
residents S65,000 and a former
disabled resident $ 1 2,000. The
payments represent the largest
settlement obtained by the
Division in a matter in\.: oi\! ing
.-! Sc- .~;,~ k~! cit!\ is, c~ r i;- tination c! ncizr
: :- - A ,: ., ;= -\ izc. ia Fair H c c ~ s ;, Ar,:< ~
The Consent Decree also
provided that defendants pay
the Division $ 1 00,000 in lieu of
a statutory penalty to monitor
the apartment complex's
compliance, S65,000 to a
disabled tenant and $ 1 2,000
to a former disabled tenant.
State v. Sunland Village East
Homeowners Association. This
fair housing lawsuit alleged that
the Homeowner's Association
,'" EOA") notified tl:? LDS F3:-- ill.,
tL I, ,- -,:, , E \: e* iing G: ci- rp ti- at ' i
would be required to pay a fee
to use the community room for
~ tsm eeting. After the group
objected to the fees, the HOA
adopted a new rule that
community rooms could not be
used by any religious groups.
The Consent Decree provided
that the HOA would revise its
room- use policy to eliminate
religion as a factor for either
charging for rooms or denying
room rsquests. T!? e po! icy
\:.: cl! ld also o~ ltlirs mn-
,~ is~.~ i.; 7in~ 7: .. Ji~!~ S r.: C,~ \ ; 5 z!? ol; ed
to all who use the community
facilities. The LDS Family Home
Evening Group was also provided
1.~ 1ith a community room for its
monthly meetings and an
agreement not to retaliate or
interfere with its rights to use
the room.
State V. Saban. This public
accommodations lawsuit based
on disability involved a rental car
company that refused to rent a
car to a deaf customer who
used the Arizona Relay Sewice
to place the calls to the
company. The Consent Decree
required the company to pay
$ 10,000 to the plaintiff, create
an anti- discrimination policy and
agree to mon~ tcringb y] the
Division.
Briley v. Catalina Mechanical
Contracting. This employment
case involved an alleged discrim-inatory
termination. The
employer agreed to pay S40,000
to the employee after a
mediation session facilitated by
the Division.
Phillips v. Scott Patterson
Development Company In this
housing case, the development
company agreed to 1nstal. l
wheelchair ramps in all units at
the Golf Villas at Troon North if
the unit's owner elected to have
the ramp installed. The
James v. Kovachllndependence
Realty Professionals, Inc. This
case involved a realtor who told
an African- Amencan man that
she would not help him
purchase a home and would
only help " Asian people"
because she understood their
the shorts at home and bring
them back if they did not fit.
The manager subsequently told
the charging party that he would
clean out the fitting room but
that it would take four hours to
do so. The investigation revealed
evidence to support the charging
company also agreed to make a preferences. The Arizona Fair
Dansby v. Seton Capital Group. party's allegations against Wal-
$ 1 5,000 maximum donation to Housing Center subsequently
This discriminatory lending case Mart. The case was settled.
Arizona Bridge to Independent conducted a test that confirmed
invol\. ied a complainant who
Living ( ABIL) if the cost of that the realtor was
allBged that she was subjected
installing the ramps was less discriminating against potential
to unfair mortgage lending
than S25.000. clients based on race, a violation
terms due to her race ( Airican-of
the Fair Hous~ ngA ct. The
American). The lender agreed to @ Turner v. Barrett- Eastman. The
case wzs settled.
pa!! the complainant $ 19.421 to charging party alleged that the
resolve the complaint. respondent's leasing agent @ Such v. Wal- Mart Stores, Inc.
@ Leeds v. Sam Levitz Furniture
Company. This empio!., ment
case ir, volved alleged
ciiscriniinatoly benefits terms fa:
employees. The company
agreed to pay the employee
513,000 to resolve the case in
mediation.
refused to rent a house to her
farnil!: because the cwne: did
not [ want a one-;! ear- old child
living in a house with a pool.
The agent also refused tc rent
homes with pools to two other
families with minor children. This
refusal to rent constituted familial
status discrimination in violstion
of the Fair Housing Act. The
case settled prior '. r! filing a
la\."! suit.
The charging party alleged he
\?\! as denled equa! access to
publ~ ca cco. nmociations cn the
basis oi his disabilit)~. H e had
asked to use a \ i?, heeichair-accessible
fitting room at \ Nab
Mart and was told that he could
not do so because the room
was being used for storage, The
attendant sa~ dh e could try on
BOARD BYLAWS
RESTATED AND AMENDED
BYLAWS
OF
ARIZONA CIVIL RIGHTS ADVISORY BOARD
( ACRAB)
ARTICLE I
OFFICES
The principal office of ACRAB in the State of Arizona shall be located at the Offices of
the Attorney General, Arizona Department of Law, Civil Rights Division in the City of Phoenix,
County of Maricopa. ACRAB may have such other offices, within the State Offices, as A C W
may determine or as the affairs of ACRAB may require from time to time.
ARTICLE I1
MEMBERS
SECTION 1. Classes of Members. The Board shall have one class of members. The
designation of such class and the qualifications and rights of the members of such class shall be
determined in accordance with A. R. S. 8 41- 1 401.
SECTION 2. Voting Rights. Each member shall be entitled to one vote on each matter
submitted to a vote of the members.
SECTION 3. Resignation. Any member may resign by filing a written resignation with
the Chairperson of ACRAB.
ARTICLE 111
RlEETINGS OF MEMBERS
SECTION 1. Annual Meeting. An annual meeting of the members shall be held during
the first quarter of each year, for the purpose of electing a Chairperson and Vice Chairperson and
# 25755? v4 November 19.2004
for the transaction of such other business as may come before the meeting. If the day fixed for
the annual meeting shall be a legal holiday in the State of Anzona, such meeting shall be held on
the next succeeding business day. If the election of Officers shall not be held on the day
designated herein for any annual meeting, or at any adjournment thereof, ACRAB shall cause the
election to be held at a special meeting of the members as soon thereafter as conveniently may
be.
SECTION 2. Regular Meetings. ACRAB shall have a minimum of four meetings per
year.
SECTION 3. Special Meetings. Special meetings of the members may be called by the
Chairperson, Vice Chairperson, or not less than four of the members.
SECTION 4. Place of Meeting. The Chairperson may designate any place, either
within or without the State of Arizona, as the place of meeting for any meeting of ACRAB.
SECTION 5. Notice and Agenda of the Meetings. Notice stating the place, date, and
hour of any meeting of the members shall be delivered to each member entitled to vote at such
meeting, not less than 24 hours before the date of such meeting, by or at the direction of the
Chairperson, Vice Chairperson, or the persons calling the meeting. The agenda shall be posted
in conformance with the Open Meeting Law.
SECTION 6. Informal Action by Members. Any action required by law to be taken at
a meeting of the members, or any action which may be taken at a meeting of members, shall not
be taken without a meeting.
SECTlON 7. Quorum. Four members shall constitute a quorum at a meeting. If a
quorum is not present at any meeting of members, a majority of the members present may
adjourn the meeting from time to time without further notice. If the Chairperson appoints a
subcommittee of ACRAB, a majority of the members of the subcommittee shall constitute a
quorum.
SECTION 8. Manner of Acting. A majority of votes entitled to be cast on a matter to
be voted upon by the members present at a meeting at which a quorum is present shall be
necessary for the adoption thereof unless a greater proportion is required by law or by these
bylaws.
ARTICLE IV
OFFICERS
SECTION 1. Officers. The officers of ACRAB shall be a Chairperson and a Vice
Chairperson. The Board may elect or appoint such other officers as it shall deem desirable, such
officers to have the authority and perform the duties prescribed, fiom time to time, by ACRAB.
Any two or more offices may be held by the same person, except the offices of Chairperson and
Vice Chairperson.
I
SECTION 2. Election and Term of Office. The officers of ACRAB shall be elected by
ACRAB at the first scheduled meeting of each year. If the election of officers shall not be held
at such meeting, such election shall be held as soon thereafter as conveniently may be. New
offices may be created and filled at any meeting of ACRAB. Each officer shall hold office until
the successor has been duly elected and qualified.
SECTlON 3. Removal. Any officer elected by ACRAB may be removed by ACRAB
whenever in its judgnlent the best interests of the board would be served thereby, but such
removal shall be without prejudice to the rights of the officer so removed.
SECTION 4. Vacancies. A vacancy in any office because of death, resignation,
removal, disqualification or otherwise, shall be filled in compliance with A. R. S. tj 41- 1401, et
seq. for the unexpired portion of the term.
SECTION 5. Chairperson. The Chairperson shall be the principal officer of ACRAB.
The Chairperson shall preside at all meetings of ACRAB and in general shall perform all duties
incident to the office of Chairperson and such other duties as may be prescribed by ACRAB
from time to time.
SECTION 6. Vice Chairperson. In the absence of the Chairperson or in event of
inability or refusal to act, the Vice Chairperson shall perfoml the duties of the Chairperson, and
when so acting, shall have all the powers of and be subject to all the restrictions upon the
Chairperson. The Vice Chairperson shall perfonn such other duties as from time to time may be
assigned to him by ACRAB.
SECTION 7. Secretary. The Secretary shall keep the minutes of the meetings of
ACRPLB in one or more books provided for that purpose, see that all notices are duly given in
accordance with the provisions of these bylaws or as required by law; be custodian of A C W
records; keep a register of the post- office address of each member; and in general perfonn all
duties incident to the office of Secretary and such other duties as from time to time may be
assigned to him or her by ACRAB. Staff of the Attorney General's Office is designated to
perfom the function of Secretary.
ARTICLE V
COlMMITTEES
SECTION 1. Committees. The Chairperson may designate and appoint one or more
committees, each of which shall consist of two or more members, which committees, to the
extent provided by the Chairperson, shall have and exercise the authority of ACRAB except that
no such comnlittee shall have the authority of ACRAB in reference to amending, altering or
repealing the bylaws; electing, appointment or removing any member of any such committee.
The delegation thereto of authority shall not operate lo relieve ACRAB, or any individual
member, of ziny responsibility imposed by law.
SECTION 2. Other Committees. Other committees not having and exercising the
authority of ACRAB may be appointed in such manner as may be designated by the Chairperson.
Members of each such committee shall be members of ACRAB. Any member thereof may be
removed by the person or persons authorized to appoint such member whenever in their
judgment the best interests of the corporation shall be served by such removal.
SECTION 3. Term of Office. Each member of a committee shall continue as such until
the next annual meeting of the members of A C W and until the successor is appointed, unless
the committee shall be sooner terminated, or unless such member be removed from such
committee, or unless such member cease to qualify as a member thereof.
SECTION 4. Vacancies. Vacancies in the membership of any committee may be filled
by appointments made in the same manner as provided in the case of the original appointments.
SECTION 5. Quorum. A majority of the committee shall constitute a quorum and the
act of a majority of the members present at a meeting at which a quorum is present shall be the
act of the committee.
SECTION 6. Rules. Each committee may adopt rules for its own government not
inconsistent with these bylaws or with rules adopted by ACRAB.
ARTICLE VI
BOOKS AND RECORDS
The Board shall keep correct and complete books and records of account and shall also
keep minutes of the proceedings of its members, and committees having any of the authority of
ACRAB, and shall keep as its registered or principal office a record giving the names and
addresses of the members. A11 books and records of ACRAB may be inspected by any member,
or his agent or attorney, for any proper purpose at any reasonable time.
ARTICLE VII
AMENDMENTS TO BYLAWS
These bylaws may be altered, amended or repealed and new bylaws may be adopted by a
majority of ACRAB present at any regular meeting or at any special meeting, if at least 30 days'
written notice is given of intention to alter, amend or repeal or to adopt new bylaws at such
meeting.
BOARD MEETING MINUTES
2007
ARIZONA CIVIL RIGHTS ADVISORY BOARD
Minutes of Public Meeting
Wednesday, January 17,2007
1275 W. Washington Street, Lobby Conference Room
Phoenix, Arizona
Board Members ( Appearing Telephonicallv)
Carl Landrum
Jesus Cordova
Jason Martinez
Dona kvera- Gulko
Board Members Absent
Scott Kirtley
Laura Mims
Hayley Ivins
Staff Members Present
Virginia Gonzales, Executive Director
Sandra R. Kane, Legal Counsel
I. Call to Order.
Chairperson Carl Landrum called the meeting of the Arizona Civil Rights Advisory Board ( the
" Board") to order at 4: 1 0 p. m.
11. Administrative Matters.
1. Approval of Minutes of Nov. 19,2006 Board Meeting. Upon motion duly made by Dona
Rivera- Gulko and seconded by Jason Martinez, the Board unanimously approved the minutes of
the Nov. 19, 1006 Board meeting.
111. Old Business.
1. Board Vacancies. Virginia Gonzales reported that Dora Vasquez with the Goven~ or's
Office is in the process of appointing someone to the Board to replace Laura Mims, and that Ms.
Mims was directed to speak with Ms. Vasquez. Virginia Gonzales also advised that Ms.
Vasquez is seeking a replacement for Board member Scott Kirtley, and asked that Board
members Carl Landnun and Jesus Cordova contact Ms. Vasquez regarding their terms on the
Board. --- -- -
2. Planning of February 1,2007 Business Meeting and Forum. The Board's business
meeting will be from 4- 6 pm on February 1,2007. If there is a new Board member appointed by
that date, then the business portion of the meeting will begin with introduction of the new board
member, followed by approval of nlinutes of the January 17,2007 meeting, and planning for
2007 by setting a schedule for meetings and the prioritizing the subjects that the Board would
like to address at upcoming meetings. The Board requested that the Attorney General's Office
provide infom~ ationto the Board regarding relevant proposed legislation. The Board next
discussed the fair housing forum portion of the February 1,2007 meeting. Ms. Gonzales
suggested that members of the Board review the minutes of the July 2006 forum in preparation
for the February 1,2007 forum. Sandra Kane then reported regarding the individuals and entities
that she contacted regarding the February 2007 forum, and the individuals who indicated that
they may wish to speak at the forum. To increase public attendance at the forum, members of
the Board were encouraged to forward the " Save the Date" public forum flyer to more groups.
The Board is interested in having speakers tell about their experiences with crime freeldrug free
lease addendums, and to advise of any suggestions that they may have for solving any problems
that they may have encountered with the addendums. The Board agreed to limit the time
allowed to speakers depending on the number of speakers who fill out speaker cards at the
beginning of the meeting. Board members agreed to limit questions from the audience to the last
fifteen minutes of the forum if time permits, but Board members may ask questions after each
speaker. The Board will set a meeting shortly after the February 1,2007 public f o m to discuss
what action to take with respect to the information obtained at the July 2006 Tucson forum and
the February 2007 Phoenix forum. Division staff will check on the availability of microphones
for the forum, and have copies of crime fieeldrug free lease addendums and fair housing
materials available at the fonun.
IV. Call to Public. No members of the public attended the meeting.
V. Adjournment. Carl Landrum adjourned the meeting at 4: 50 p. m.
ACRAB has been very effective in holding public forums to carry out its purpose of
assisting the Division in identifying civil rights problems and making recommendations
to the Division and others in the community to protect the civil rights of Arizona citizens.
By way of example, ACRAB has held public forums to gather information andlor make
recommendations on the following issues:
Crime free housing programs and their impact upon the fair housing rights of
Arizona citizens. After holding public forums on this issue in Tucson and
Phoenix, ACRAB issued a public letter on April 10,2007 to make members of the
housing industry aware of civil rights concerns regarding how such programs are
administered. The letter resulted in much discussion among the housing industry
and law enforcement agencies about the civil rights issues that are related to crime
free housing programs. The Division was subsequefitly asked to give
presentations to representatives of these groups regarding the intersection between
the Fair Housing Act and crime free housing programs. Approximately 112
people attended the forums hosted by ACRAB, and many shared their opinions
directly with the Board members. The Tucson forum was held at Pima
Community College and the Phoenix forum was held at South Mountain
Community College. The public forums were held in Tucson on July 2 7,2006
and in Phoenix on Feb. 1,2007 and March 30,2007.
The availability of accessible housing for individuals with disabilities. After
hosting a public forum on this issue in Phoenix, ACRAB recommended that the
Division propose legislation to require that building codes incorporate fair
housing accessibility provisions. As a result of this hearing, ACRAB also became
aware of and monitored state efforts to enable individuals with disabilities to
transition out of nursing homes and into the community. Approximately 45
people attended the forum and 15 of them spoke to the Board about this issue.
The Phoenix public forum was held on June 15,2000.
Law enforcement and community relations in Casa Grande. After ACRAB held a
public forum in Casa Grande among members of the public and police officials at
which race and national origin discrimination allegations were made, the Casa
Grande Police Department created a Citizens Review Board to monitor this issue
within the Department. This Board is still in existence and was a direct result of
the ACRAB forum. Approximately 65 people attended the hearing and 14 people
spoke directly to the Board. The Casa Grandepublic forum tookplace on Sept.
22, 2000.
Hate crimes and discrimination affecting the GLBT community. ACRAB held
forums on this topic in Tucson and Phoenix to survey the nature and scope of
problems faced by this community. Approximately 15 people spoke to the Board
about this issue. The Tucson forum tookplace on Nov. 19,2004 and the
Phoenix forum took place on May 17,2005.
The status of the court- ordered plan to serve students with limited English
proficiency. ACRAB received information fiom advocacy groups, the Arizona
Department of Education, and members of the public at a public forum in Tucson,
and decided to research pending legislation and other factors before making
recommendations on this issue. Approximately 10 people attended the forum and
three people spoke directly to the Board. This Tucson public forum tookplace
on Nov. 16,2001.
School safety plans and distressed mobile home parks and relocation issues.
After a public forum regarding programs to address school safety in Tucson and
statewide, ACRAB sent a letter to the State Superintendent of Schools to
encourage continued efforts toward school safety statewide and to recommend
adding a civil rights component to school safety planning. Approximately 10
people attended the forum and six people spoke to the Board about these issues.
This Tucson public forum tookplace on Nov. 16,2001.
School harassment. ACRAB hosted a public forum at Cesar Chavez High School
in Phoenix and provided education and outreach to students and teachers on this
topic. Approximately 50 people attended the forum and nine people spoke to the
Board about this issue. The Cesar Clzavezpublic forum occurred on Nov. 3,
2000.
Holding public hearings on alleged public accommodation discrimination cases.
ACRAB held two public accommodation discrimination hearings in Tucson at
which it made determinations of reasonable cause to believe that discrimination
had occurred. Due to statutory amendment by the Legislature in 2002, ACRAB
no longer holds administrative public accommodation discrimination hearings.
These public hearings occurred in Tucson on June 28,2002.
ARIZONA CIVIL RIGHTS ADVISORY BOARD
Minutes of Public Meeting
Thursday, February 1,2007
Board Members Present
Carl Landruin
Kenneth Moore
Laura Milns
Jason Martinez
Board Members Absent
Dona Rivera- Gulko
Hayley lvins
Staff Members Present
Michael Walker, Acting Executive Director
Melanie Pate, Legal Counsel
Sandra R. Kane, Legal Counsel
Kathy Grant, Support Staff
I. Call to Order
Board Chairman Carl Landrum called the meeting to order at 4: 15 pm at South
Mountain Con-~ inunityC ollege, Student Conference Room SUIOOABC, 7050 S. 24"'
Street in Phoenix, Arizona.
11. Administrative Matters
Following introductions of Board members and representatives of the Civil Rights
Division, Carl Landrum announced the departure of Executive Director Virginia
Gonzales. Upon motion made by Jason Martinez and seconded by Kenneth Moore, the
minutes of the January 17, 2007 Board meeting were una~~ imouslayp proved. Sandra
Kane distributed notebook updates to Board ~ nembers.
111. Legislative Report
Acting Executive Director Michael Walker reported on the following civil rights-related
matters under consideration at the Legislature: HB2358 which would allow a
court to enhance sentences for misdemeanors involving hate crimes; HCM 2005 which
would urge Congress to enact legislation clarifying that the Fourteenth Amendment to
the U. S. Constitution denies citizenship to children of illegal aliens by virtue of their
being born in the U. S.; House Concurrent Resolution ( IICR) 2023 which would amend
the Arizona Constitution to prohibit same sex marriage; HB2522 regarding verification
of employees; HB2471 which would deny public benefits to persons born in Arizona of
non- citizens who are not in the country legally; HI32470 which would prohibit
undoculnented persons froin receiving workmen's compensation; HI32467 which
would prohibit undoculnented persons from getting state licenses; HB2466 which
would require proof that an individual is in the country legally to obtain a certificate of
title, registration or license plate from the Department of Motor Vehicles; HB2461
which would require law enforcement personnel to check the citizenship of everyone
stopped for violation of state law, and enforce immigration status; SB 161 3 which
would allow an employer to pay less than the minimuin wage to certain disabled
employees involved in special programs; SB1255 which would amend that
landlordltenant law; and SB 1277 which would allow a tenant to terminate a rental
agreement if they give notice of being a domestic violence victim. The Board will be
responsible for tracking the bills. The Board would like to review the wording of the
bills, discuss them, and try to reach a consensus. Michael Walker agreed to make
copies of all of the bills about which he reported, and mail them to the members of the
Board. If necessary to act on any of the bills before the next scheduled meeting, the
Board will call an immediate meeting.
IV. Planning for 2007 Board Activities and Meetings
The Board will meet on March 30,2007 from 9 am to noon to decide what action to
take regarding the fair housing public forums on crime free housing held in Tucson and
Phoenix. The Board would like to meet at the Cap Center in Phoenix if it is available
on that date. At the March 30,2007, the Board would like to have a wrap- up regarding
the crime free housing forums and discuss next steps. In addition, the Board would like
to have pro and con input on pending civil rights related legislation, and make
determinations regarding legislation. The Board set additional meetings for June 1,
2007, September 7,2007 and December 7, 2007, all from 9 am to noon. Upon motion
by Jason Martinez and seconded by Laura Mims, the Board adjourned the meeting at
5: 15 pm, until the public iorum scheduled for 6 pm.
V. Public Forum on Fair Housing and Crime FreeJDrug Free Lease Addendums
Board Chairman Carl Landrum called the meeting back to order at 6: 00 pm, to
commence a public forum on fair housing and the impact of crime freeldrug free iease
addendums. He requested that speaker cards be filled out by everyone who would like
to speak, and allocated 5 minutes per speaker. The following people spoke regarding
Crime FreeDrug Free Lease Addendums (" CFA ' s"):
1. Gary Kremer, private citizen: Mr. Kremer and his family were denied Section 8
housing after a very long wait, because he and his wife's son are on probation for non-dangerous
crimes. Kremer lives with his wife who has c. ancer, and her 24 year old son.
Not being approved for Section 8 housing is a financial hardship for them. They
recommend that Section 8 and other housing providers view each person's situation on
case- by- case basis rather than excluding everyone with a criminal background.
2. Wayne Kaplan, Arizona Multihousing Association: Mr. Kaplan strongly supports
crime- free lease addendums to promote crime- free, safe housing. The Crime- Free
Program is safe, and doesn't violate fair housing laws. The bottom line is that people
want a safe environment. Kaplan thinks this is a great program, and that people want
it.
3. Michael Shore, HOM, Inc. / Elizabeth Morales, Arizona Behavioral Health Corp.
(" ABC"): ABC provides housing for homeless and seriously mentally ill ( SMJ)
clients. SMl persons are greatly affected by CFA's because they create barriers for this
population. HOM, Inc. contracts with ABC to provide assistance to over a thousand
households with mental illness. People with mental illness need to secure affordable
housing and maintain their housing. The CFA program is well- intentioned but there
are two major proble~ nsw ith the implen~ entationa nd execution of the program: ( a)
Screening - Strict interpretation or application of policy can keep deserving SMI
people out of housing because many have criminal backgrounds related to
l~ o~-~~ elessonr ethsse ir mental illness.. Situations should be viewed on a case- by- case
basis; ( b) Imple~ nentatio- l~ C an be too harsh for one- time offenders. Since mentally
ill people have a higher incidence of " survival crimes," they may be disparately
impacted by arbitrary application of CFA's. SMI tenants are vulnerable to undesirable
people on the property, and lose their housing due to CFA provisions which hold
tenants liable for the actions of guests and others people on the property.
4. Jacki Taylor, Arizona Coalition to End Hornelessness: CFA's provide barriers for
hon~ elessp eople and make it difficult for parolees to return to the community. CFA's
cannot be fairly applied and do not provide an accurate risk assessment of persons who
are denied affordable housing due to CFA's. Studies show that an estimated nine
million people are released annually from U. S. jails. Over 70% of those released from
prison expect to return to live with their families in Section 8 or other public housing.
Those who find housing in the community are less likely to recidivate and inore likely
to reintegrate into the community. With each move afier release from prison, a
person's likelihood of re- arrest increases by 25%. Stability in housing in the
comn~ unityi s a way to assure a parolee's reintegration into the community and lessen
the chance of re- arrest or re- incarceration. Arizona's affordable housing crisis is
exacerbated for former inmates seeking housing by the private sector where landlords
use CFA's as tools to screen and block admission to housing, and evict families for
cri~ ninala ctivity. As of 2002, the CFA's used by the City of Phoenix alone placed i 86
rental properties with 129,000 rental units effectively off limits for any felon who has
had a criminal conviction in the past 5 years. There are challenges in properly
balancing the needs of landlords and managers in making eligibility determinations
about the individuals seeking housing, and reuniting felons and their families. HUD
allows significant discretion in determining housing admission policies. The only
individuals HUD bars for life are those who are subject to lifetilne registration under a
state sex offender registration program and those convicted of the manufacture or
production of methamphetamine. Taylor recommends a dialogue between the various
groups to assure developinent of policies to increase access to housing for all persons,
and to begin that dialogue proposes that the following suggestions be considered by
landlords when detern~ iningh ousing eligibility instead of automatic application of
CFA's: ( a) consider de~ nonstration of successful colnpletion of probation, parole,
rehabilitation or any other sentencing requirements that were required; ( b) consider a
positive recommendation from a parole or probation officer or rehabilitation director;
( c) consider the length of time that has occurred since com~ nissiono f the offense; ( d)
consider a graduated scheine based on the nature of the felony conviction ( e. g., ban for
comlmissjon of violent criminal activity should be longer than the ban for such things
auto theft or urinating in public); and ( e) forin partnerships with local correctional
officia!~ a t local and state levels to make reentry successful for all parties involved.
Taylor states that compromise will help reduce recidivism, reunite fan~ iliesa, nd create
a better community.
5. Nedra Halley, Pres., Dunlap & Magee: Ms. Halley runs a property management
company and is a member of the Arizona Multihousing Association. Halley agrees
with Jacki Taylor about the need for dialogue because both sides tend to be strident
and this issue is a huge problem. Her company manages both conventional and
affordable housing, and uses CFA's on most properties. They have to turn away
applicants every day because of the Crime Free Program. They will accept applicants
who have had non- violent misdemeanors or felony convictions, if off probation. They
will not take anyone who has committed a violent crime or been involved in the
manufacture of drugs. Halley believes that fair housing laws require treating everyone
the same and that if she uses discretion in screening tenants, then she will be subject to
housing discrilnination claims. She questions why a landlord should treat someone
who has a disability and has gone off their medications any differently under the fair
housing laws than a non- disabled tenant who has lost his or her temper after losing a
job. Another issue is that people will sue the landlord if there is a problem resulting
from renting to criminals and the landlord knew about the criminal or violent behavior.
I4alley wants to rent to people and needs residents to rent to, but cannot rent to them
because landlords can be held liable. Halley suggests indemnity from liability for
landlords. Her company manages a property run by CASS where there are no CFA's
and they accept felons at that property but do not accept sex offenders.
6. Sam Cooper, AAA Landlord: Ms. Cooper's company does tenant screening research
for landlords and supports CFA7s. People who live around felons/ criminals are usually
econo~ nicallyd isadvantaged and don't have a choice about moving. It is not fair to put
people into harms way when they cannot afford to move. Criminals choose to omi in it
their crimes.
Marlan Kyles: Ms. Kyles is a City of Phoenix employee who lived at the Palm Oasis
Apts. for 6 years wit11 her two girls, ages I 1 and 13. Kyles believes CFA's are unfair
because they hold tenants liable for the actions of guests and family members. She and
her 2 girls, who are honor roll students, are homeless because they were evicted from
government housing after her girls got into a fight with another girl. The management
didn't give her a chance to explain her side of the story, but allowed the other family to
remain on the property. She thinks eviction for a one- time offense is not fair, and
states that it should be applied to people with multiple violations.
8. James Hintz: Mr. Hintz and his wife worked for the City of Phoenix, and are now
living on Section 8. They moved to an Avondale apartment co~ nplexw hich was
county- owned, and worked on reducing crime in their co~ nmunity. Hintz believes that
after the Co~~ nstoyld the complex, the new owners used a CFA to get the Hintz's to
move in retaliation for their complaints to management. The new owners made false
allegations that Hintz's granddaughter invited so~ neoneo nto the property who was
involved with drugs. The Hintz's got evicted with little notice. Hintz states that the
Judges favor the big housing providers. Hintz requested a jury trial, got help fro~ n
Legal Aid, and won some concessions. Hintz states that some complexes are abusing
their authority by using CFA's to get vulnerable people out. Large corporations have
money to flgllt tenants and bully people, and use false allegations to evict people.
Hintz would like to see solnetlling done about corporations who use CFA's to take
people's deposits and ruin their credit.
9. Denny Dobbins, Esq.: Mr. Dobbins is the Vice Executive Director and Attorney for
the International Crime Free Association, an Arizona attorney who represents
landlords, and a former HUD commissioner. Dobbins wrote the CFA for the private
sector, after the public sector adopted a CFA. They are in 2500 cities across the U. S.
and Canada and several countries. There is a distinction between screening through
Crime Free Programs and use of CFA's, which are agreements between landlords and
tenants that they will live a crime- free lifestyle while living on the property. Crime
free- certified properties receive training about their duties under applicable laws, and
are only approximately 16% of the properties who use CFA's in Arizona. Crime free-certified
properties also use crime free screening and do not allow people with felonies
to rent there. The Arizona landlordltenant law has the basics of the Crime Free
Addendum set forth in A. R. S. 3 33- 1368. The Supreme Court's landmark case of
HUD v. Rucker deals with public housing and allows CFA's. Landlords want CFA's
to be applied in a fair way. They want to help people with criminal backgrounds who
want to be good citizens. The International Crime Free Association at its ninth annual
conference will be introducing the " Second Chance Certification" program to help
people coming out of prison find housing. Residents need to be responsible for their
guests and HUD v. Rucker makes that clear. Landlords need to use discretion and have
the right to use discretion in applying CFA's to tenants.
10. Eddic Sissons, Arizona Behavioral Health Corp.: People with mental illness can be
on and off their medications, or have difficulty caused by changes in their medications.
Accusations about the actions of mentally ill people related to their medications may
implicate civil rights protectio~ lsu nder the Fair Housing Act and the ADA, before
landlords can use CFA's to evict them. For~ nerfe lons who have mental illnesses and
for~ nedr rug addicts can be unfairly accused or taken advantage of by landlords under
CFA's. There is a problein holding tenants responsible for the actions of guests
because tenants don't always know what their guests are doing at the co~ nplexS. issons
also raised the issue of pending legislation regarding housing for dolnestic violence
victims.
1 I . Ken Volk, Arizona Tenants Association: Mr. Volk works with tenants. Volk states
that CFA's violate A. R. S. fj 33- 1368( A)( 2) because: ( a). they hold the tenant liable for
actions that occur off the premises; and ( b) they hold the tenant liable for what their
guests do. Instead of co~ nplyingw ith the law, Volk states that CFA's go beyond
material and irreparable conduct, and that landlords are trying to use CFA's to change
the law to limit tenant protections.
12. Ed Valenzuela, Arizona Fair Housing Center: The Arizona Fair Housing Center is
involved with providing education, outreach and enforcement of state and federal fair
housing laws. Mr. Valenzuela stated that CFA's can be applied in ~~ nfawiray s to
groups protected under the fair housing laws based on race, color, national origin, sex,
religion, familial status or disability. What seems to be landlordltenant violations are
often fair housing violations. Solnetimes landlords are ignorant of the fair housing
laws. The person who said that she was evicted for her kids fighting on the property
may really have been subjected to a fair housing violation. Landlords must be more
aware of fair housing requirements when applying CFA7s to tenants. AFHC wants to
see more education and outreach regarding the Fair Housing Act and CFA's.
13. Stan Silas, Community Legal Services: Mr. Silas described the Hintz family's
experience as being a complete abuse of CFA's. He said that their granddaughter was
unloading groceries when an uninvited person in possession of drugs came up to her on
a bicycle and asked for directions. The Hintz family did nothing wrong, their
granddaughter did nothing wrong, and nobody took the time to investigate before
evicting them for what the person on the bicycle did. CFA programs are abusive
because they give power to people who should not have it, and then they drop that
power on other people because of so- called third party liability responsibility. The
Hintz family was held responsible for the actions of someone who was not their guest,
and their family lost housing. Silas states that the Kyles family was also subjected to
an atrocious use of CFA7s. They are filing a fair housing complaint against their
former landlord for subjecting them to different treatment and making housing
unavailable to them. CFA's have a disparate impact on families with children. The
language of the CFA's goes far beyond what is allowed by the Arizona statutes.
CFA7si ~ nposea n additional duty upon tenants that is not in the statute by imputing
liability upon them for the actions of someone who is not even their guest. Landlords
would never agree to this strict liability if it were applied to them. Application of
CFA's because of the actions of guests or other third parties is unfair and ofien abused.
The Arizona statute does not allow for strict liability for guests as is the case with
CFA7s. HUD and Section 8 don't allow for application of CFA's to a third party.
Unlike third party tort liability which requires knowing about the potential harm and
doing so~ nethinga bout it; CFA7si ~ nposest rict liability. Silas is not against CFA7so r
stopping crime, but wants something done about the abuses associated with CFA's.
14. Brenda Robbins, ADHS, Behavioral Health Services: Ms. Robbins works for the
Arizona Department of Health Services in housing people with SMl7s. There are large
numbers of people with SMl7s in Arizona, and many of them are homeless. The
number of people in Arizona with SMI's is growing rapidly, with veterans and new
residents. Robbins participated in a statewide count of ho~ nelessp eople earlier in the
week. Arizona has almost 20,000 homeless people. It is difficult to place homeless
and SMI people in uncertified apartments due to CFA's. CFA's unfairly affect
minorities and people with disabilities. Homes are too expensive to buy, and this forces
people to rent. Too many affordable housing units are lost due to CFA's. We can't
hide behind the law to throw people out of housing. Some things that people have said
in this forum are inaccurate. HUD v. Rucker is not applicable to screening and only
relates to public housing. It is not true that fair housing requires treating everyone
equally. Robbins \ x? ould like to be involved in a serious dialogue to resolve this
important issue.
15. Kathy Groenewald, Crime Free Program Coordinator, City of Tempe: Ms.
Groenewald has administered the Crime- Free Program for 1 I years, and. invited Board
Members to attend a free 8 hour training and a private session with her to learn more
about the voluntary Crime Free Program. It is a three phase process. The CFA is not
the key part of their program. Purpose of her program is to develop a relationship with
the rental apartment communities to help them keep illegal activity out of their
communities.
16. Questions from members of the audience: After hearing comments from speakers,
Carl Landrum opened the forum for questions from the audience. Brenda Robbins,
Eddie Sissons and Ken Volk made brief state~ nentsb, ut did not have questions. Flyann
Janisse asked what the Board's mission is regarding CFA's. Carl Landrum responded
that the Board does not have a preconceived objective. The Board is trying to
understand the pros and cons and has heard a lot of evidence and has materials to
review. The Board will be meeting again on March 30,2007 to discuss the issue and
decide what to do about it. Mr. Landrum explained that the Board is an advisory board
and can express a position, send letters to the Governor and raise the State's awareness
regarding the issue. Ms. Janisse stated that as director of a property management
company with 22 years in the industry, she agrees that uneducated individuals have
been empowered to make decisions on CFA7s, but believes that we need a crime free
program that works and does not negate the needs of others, and that people using the
program need to be taught to use the program appropriately. James Hintz asked what
authority the Board has to stop false accusations associated with CFA's. Carl Landrum
stated that the Board will be looking forward in making recommendations at its March
30, 2007 meeting. Mr. Hintz then asked what recourse tenants have if they believe that
they have been abused by crime tiee programs. Mr. Dobbins stated that tenants have
legal recourse against landlords but may not know where to go for legal assistance. A
niernber of the audience asked what recourse exists for people with criminal
backgrounds who have been denied housing under crime free programs. Mr. Dobbins
stated that certified crime free properties in Arizona will usually rent to people ten
years after a felony conviction, unless it's a crime against children or a sex crime,
murder or manslaughter in which case they won't ever rent to them. Dobbins stated
that each certified crime free property decides for itself whether to rent to people with
violent misdemeanors. Mrs. Hintz raised the issue of what can be done about the
young people, such as her granddaughter, who have been adversely affected by the
landlord's false accusations regarding a CFA. Board Member Jason Martinez asked if
the Crime Free Program would rent to people with a vehicular manslaughter including
DUI. Mr. Dobbins responded that certified crime free properties would never rent to
anyone who was convicted of any type of manslaughter. Jason Martinez asked what
burden of proof is used to evict people under CFA's. Mr. Dobbins stated that the
courts use a preponderance of the evidence standard, and noted that people who use
CFA's on non- certified crime free properties are often not well- trained on when to
evict people. Mr. Silas disputed that abuses in enforcing CFA's only occur on non-certified
crime free propel- ties. Mr. Volk spoke about unfairness to tenants in the
justice court system, and asked why the Board chose to address the CFA issue. Carl
Landrum responded that the Board understands that this is a hot jssue which has civil
rights ilnplications and the Board chose to look into this issue.
VI. Adjournment
Carl Landrum thanked everyone for attending and for providing the additional information, and
stated that the Board will review the infor~ nation and try to reach a consensus at its March 30,
2007 meeting. The meeting was adjourned at 8: 45 pm.
ARIZONA CIVIL RIGHTS ADVISORY BOARD
Minutes of Public Meeting
Friday, March 30,2007
Board Members Present
Carl Landrum
Kenneth Moore
Laura Mims
Jason Martinez
Board Members Absent
Dona Rivera- Gulko
Hayley Ivins
Staff Members Present
Melanie Pate, Executive Director
Michael Walker, Legal Counsel
Sandra R. Kane, Legal Counsel
Selenia Martinez, Board Liaison
Kathy Grant, Support Staff
I. Call to Order
Board Chairman Carl Landrum called the meeting to order at 9: 15 am at the Attorney
General's Office Cap Center, Basenlent Conference Rooms A & B at 15 S. 15'~ A ve.,
Phoenix, Arizona.
11. Administrative Matters
Following introductions of Board members, Melanie Pate introduced herself as the new
Executive Director. Upon motion made by Jason Martinez and seconded by Kenneth
Moore, the nlinutes of the February I , 2007 Board meeting were unanimously
approved. Board Chairperson Carl Landrum stated that the election of officers will
take place at the end of the meeting.
111. Legislative Report
Michael Walker, Litigation Section Chief Counsel of the Civil Rights Division,
reported on status of the following civil rights- related bills under consideration at the
Legislature: HB2358, HCR. 2005, HB2552, HB2471, HB2470, HB2467, HB2466,
HB2461, SB1613, SB1255, and SB1277. Of the bills, the only one that appears to be
moving fonvard at this time is SB1255 which would require tenants to cany insurance
for property damage by guests.
IV. Planning for 2007 Board Activities and Meetings
The Board discussed topics for a proposed meeting on June 1,2007, including: training
regarding the Civil Rights Division, the Anzona Civil Rights Act, and the role of Board
members; a report on the outcome of the Anzona civil rights related legislation, and
further inquiry regarding crime free housing issues. Jason Martinez requested that the
Board be notified if quick action is needed on civil rights related legislation before the
next scheduled meeting, and suggested that the Board may wish to monitor the impact
of Prop 300 and the outcon~ eo f same sex legislative issues. Melanie Pate stated that
the Attonley General Legal Opinion regarding Prop 300 will be sent to Board members
when it comes out and the issue can be discussed at the next meeting. The Board
decided to hear from members of the public and resume planning later in the meeting.
V. Call to Public
The following members of the public addressed the Arizona Civil Rights Advisory
Board:
1. Donna Hamm ( Middle Ground Prison Reform): Mrs. Hamrn stated that her group
is involved in prisoner rights and fanlily advocacy. She expressed concern that the
Maricopa County Sheriffs Office may be engaging in racial profiling as evidenced by
its investigation of Hispanic people who were seated in a car in a parking lot. The
Sheriffs investigation found that the occupants of the car were in the country illegally
and had them deported to Mexico. Mrs. Hamrn recommended that the Board invite Dr.
Fred Solop, an NAU professor who is an expert on racial profiling issues, to provide
information regarding racial profiling. On another topic, Mrs. Hamm expressed
frustration that people who are getting out of prison cannot find housing due to crime
free housing restrictions and end up in flop houses in crime ridden neighborhoods.
Mrs. Hamm believes that this is a blueprint for problenls. She stated that there is a
problem with reintegrating and accepting people back into the community and spoke
about the difficulties that she and her husband, James Harmn, have had due to his 1974
crime. Despite having earned college and law degrees since release from prison, the
Hamms were unable to sell their house and move to an apartment in Tempe due to
crime free housing programs. She believes that crime free housing programs make no
distinction anlong people with criminal backgrounds, give no consideration to whether
the person is reformed, what the person has done with his life since prison, or the
amount of time since the crime. Mrs. Hanlm stated that she receives 25 to 35 calls per
month regarding concerning ex- prisoners not being allowed to live in certain areas.
She states that this is a large problen~ affecting approxilnately 16,000 people who are
released from Anzona prisons each year plus those who are already on parole. It also
affects their families who cannot remain in their housing after the husband is released
from prison. Mrs. Hanlm is very troubled that crime free psogranls are an open- ended
way that a person can get auto~ natically excluded from housing without any
opportunity for explanation. She believes that there need to be controls on crime free
housing programs, sanctions against bad decisions, a timely appeal process, and that
untrained, unqualified people should not be given the power to make these housing
decisions.
2. Adam Silverman ( Primavera Foundation): Mr. Silvennan stated that Primavera
Foundation is located in Tucson and is involved in reentry of ex- offenders into the
comnunity. He is an ex- offender who was released from prison in 2000. Since his
release, he has had great difficulty finding housing because he has been rejected due to
his criminal record. He would fill out applications and companies would deny his
application and keep the application fees. He has often been forced to live in crime
ridden areas. As recently as last year he has experienced this and it is 13 years since he
colnmitted a non- violent crime. Mr. Silverman states that there is a huge population
coming out of prison and they should not have to face such a difficult time on such an
important thing like housing.
3. Phyllis Roestenberg ( Community Legal Services): Ms. Roestenberg is an attorney
working in the housing unit of Community Legal Services. Her specialty is in fair
housing. Many of her clients have mental illness. Approximately 85,000 evictions
take place each year in Maricopa County affecting 210,000 residents, many of whom
become homeless. An eviction stays on a person's record for seven years and makes it
very difficult to find housing. A lot of people who exhibit symptoms of mental illness
are evicted due to crime free housing programs. Ms. Roestenberg spoke of an 80 year
old woman who was evicted because her son was visiting her and he had a criminal
record. A mentally ill client took a shirt out of a tree and was given an immediate
eviction. Ms. Roestenberg states that her office spends a lot of time fighting bogus
evictions arising out of crime free housing programs.
VI. Fair Housing and Crime Free Housing Programs and Lease Addendurns
The members of the Board discussed the information they received fiom members of
the public who spoke at forums in Tucson and Phoenix regarding enforcement of crime
free housing programs, and noted the following: ( 1) individual assessment is needed vs.
blanket application of criine free addendums; ( 2) landlords shouldn't be able to evict
residents arbitrarily under the guise of a crime free addenda; ( 3) more discussion is
needed among groups that assess tenants, such as: the Arizona Manufactured Housing
Association, Arizona Multihousing Association, HUD, and the Inte~ national Crime
Free Association to resolve overzealous application of crime fiee housing programs; ( 4)
the Board should oppose discri~ nination resulting from application of crime fiee
housing programs; ( 5) the Board should make a public statement in the form of a letter
citing exailples of potential civil rights violations and specific suggestions for housing
providers and; ( 6) the D ivision staff should draft the proposed letter for the Board's
review; ( 7) the proposed letter should describe the forums and the type of testimony
obtained, indicate that the Board has concerns about the application of crime free
housing programs and related potential civil rights issues affecting people with
disabilities, families with children, single mothers who are victims of domestic
violence, and potential disparate impact on minority ex- convicts; ( 8) crime free housing
programs need to consider how they assess risk, having a statute of limitations related
to length of time from offense, type of offense, having a third party do the assessment
rather than the landlord, have a procedure for assessment, and how to limit
accountability to third persons; ( 9) the proposed letter should suggest that industry
groups work with advocacy groups to resolve abuses; ( 1 0) the proposed letter should be
addressed to HUD, the Arizona Multihousing Association, the Arizona Manufactured
Housing Association, and the International Crime Free Association and it should
contain a request from the Board that they disseminate it to their membership and
publish it in their newsletters and magazines; ( 1 1) the proposed letter should also be
sent to the attendees of the public forums; ( 12) the Board should keep the issue of crime
fiee housing programs on its agenda in the future. Melanie Pate stated that a draft of
the proposed letter will be sent to Board members by close of business on April 6,
2007. The Board will meet via conference call on April 9, 2007 at 3: 30 pm to consider
the proposed letter regarding the civil rights impact of crime free housing programs and
lease addendums.
VII. Planning for 2007 Board Activities and Meetings
The Board set additional meetings for June 1, 2007, September 7, 2007 and December
7, 2007, all from 9 am to noon. Suggested topics for the June meeting: are training and
racial profiling. Suggested topics for the September meeting are: Prop 300, and the
Maricopa County Sheriffs enforcement of immigration.
VIII. Election of Chairperson
Upon motion of Laura Mi~ ns and seconded by Ken Moore, the Board unanilnously
elected Jason Martinez as Chairperson of the Arizona Civil Rights Advisory Board.
The Board decided to defer selection of the Vice Chairperson until the next meeting.
IX. Adjournment.
Upon motion of Jason Martinez, seconded by Laura Mims, the meeting adjourned at
1 1 : 45 am.
ARIZONA CIVIL RIGHTS ADVISORY BOARD
Minutes of Public Meeting
Monday, April 9,2007
Board Members Present via Telephone
Carl Landrurn
Dona Rivera- Gulko
Laura Mims
Jason Martinez
Board Members Absent
Kenneth Moore
Hayley Ivins
Staff Members Present
Melanie Pate, Executive Director
Sandra R. Kane, Legal Counsel ( present via telephone)
Kathy Grant, Support Staff
I. Call to Order
Board Chairperson Jason Martinez called the meeting to order at 3: 34 pm via telephone
conference call at the Attorney General's Office, Lobby Conference Room, 1275 W.
Washington St., Phoenix, Arizona.
11. Letter re Fair Housing and Crime Free Housing
I
All of the Board members stated that they had studied the draft letter which they had
previously received from Executive Director Melanie Pate. All Board members present
stated that they approved of the letter. Executive Director Melanie Pate stated that
Attomey General Terry Goddard had read and approved the draft letter.
111. Call to Public
1. Mary Ann Beerling of New Arizona Family. Ms. Beerling commended the
Board for the letter. She recormlends that Dr. Sheila Hanis of the Arizona
Department of Housing be added to the list of letter recipients. She also would like
to add homeowners associations to the letter based on information that she recently
received that Mountain Vista Community wants to be a crime free community and
will require landlords there to do background checks and sign crime fiee
addendunls. If the landlords don't cooperate, they will have to pay a $ 500 and
another $ 500 fine will be imposed a few days later if they c~ ntinue to fail to
cooperate. Ms. Beerling believes that it is a breach of confidentiality for them to
have infornlation regarding disabled people who have been in jail and are
recovering from substance abuse or have mental illness.
2. Phyllis Roestenberg, Community Legal Services. Ms. Roestenberg stated that
CLS wants to commend the Board for taking this stand. The attorneys in CLS's
Housing Dept. request that there be mention of testimony regarding abuses under
the crime free housing program. They also want to advise people that crime free
addendurns should be used only to deal with serious behavior and that tenants don't
have control over their guests.
3. Wayne Kaplan, Arizona Multihousing Association. Mr. Kaplan stated that in the
vast majority of instances, it is up to the individual management company to decide
the standards to follow in enforcing crime free housing programs, e. g., how long
ago the person did the criminal activity and what has the person done since then.
4. Eddie Sissons, Dir., Arizona Foundation for Behavioral Health. M s. Sissons
commends the Board on trying to balance the interests of both sides. She suggests
sending a copy of the letter to the League of Cities and Towns because cities and
towns are doing the training for the crime free programs. There is a group of people
involved in continuum of care for the homeless who should also receive the letter
and Ms. Sissons will share that information with Melanie Pate.
5. Denny Dobbins, Exec. Dir., International Crime Free Association. Mr. Dobbins
stated that they are not interested in any protected class. The Association's concern
is criminal behavior, not protected classes. The Crime Free Addendum in the
private sector mimics the federal Crime Free Addendum. The Crime Free
Addendum doesn't screen for criminal activity. People have the right to screen for
criminal activity. People are not being screened based on protected class; they are
being screened based on criminal background.
6. Stan Silas, Community Legal Services. Melanie Pate stated that she received an
email from Mr. Silas stating that he wishes to submit written comments by the close
of business tomorrow, April 10 because they didn't receive a copy of the draft letter
until 1 pm today. He was concerned about the guest behavior issue and may have
other concerns with the letter.
The Board conferred with Legal Counsel about Mr. Silas' request to delay action on the
letter pending further input from Mr. Silas, who had already addressed the Board on
these issues at the public forums in Tucson and Phoenix. Carl Landrum moved to
accept the letter as written with the minor modifications of suggesting an example on p.
3 for printing the letter in Apartment Magazine, and to verify and correct any improper
statistics contained in the letter regarding the City of Phoenix statistics. Laura Mims
seconded. The Board unanimously approved the motion.
Carl Landrum made a second motion to add HOAYsto the letter and copy the League of
Cities and Towns, Dr. Sheila Hanis and Dora Vasquez at the Governor's Office. Dona
fivera- Gulko seconded the motion. The motion passed unanimously.
IX. Adjournment.
The meeting adjourned at 4: 30 pm.
ARIZONA CIVIL RIGHTS ADVISORY BOARD
Minutes of Public Meeting
Thursday, August 16,2007
Board Members Present via Telephone
Jason Martinez
Daisy Flores
Laura Mims
Jesus Cordova
Board Members Absent
Kenneth Moore
Staff Members Present
Sandra R. Kane, Legal Counsel
Kathy Grant, Support Staff
I. Call to Order
Board Chairperson Jason Martinez called the meeting to order at 4: 00 pm via telephone
conference call at the Attorney General's Office, Lobby Conference Room, 1275 W.
Washington St., Phoenix, Arizona.
11. Sunset Review by Legislature and Related Letter
! Jason Martinez stated that the draft letter & at had been pre2ared by Executive Director
Melanie Pate and Legal Counsel Sandra Kane surmises the spirit of the Board and
makes a good case for continuing it. Laura Mims agreed. Jesus Cordova moved to
submit the draft sunset review letter to the Attorney General, as written, and to submit it
to the Legislature if approved by the Attorney General. Laura Mims seconded the
motion. The motion passed unanimously.
111. Call to Public.
No members of the public chose to speak. Magi Breidenbock of AWEE introduced
herself but did not wish to speak to the Board.
11. Agenda for September 7,2007 Meeting.
Jason h4artinez stated that there should be training for the Board and that time should
be devoted to planning agenda items for the calendar year. All agreed. Jason Martinez
indicated that if Michael Walker of the Division believes that there is something
pressing at the Legislature, then he is invited to come to the Board meetings at his
discretion.
IX. Adjournment.
Daisy Flores moved to adjourn. Jesus Cordova seconded the motion. The meeting
adjourned at 4: 20 pm.
BOARD RECOMMENDATIONS
1275 West Washington
Phoenix, Arizona 85007
( 602) 542- 5263
April 10,2007
Ms. Rebecca Flanagan
Field Office Director
U. S. Department of Housing and Urban Development
One North Central Avenue, Suite 600
Phoenix, AZ 85004
Mr. Terry Feinberg
Executive Director
Arizona blultihousing Association
5 1 10 N. 44th Street, Suite L- 160
Phoenix, AZ 85018
Mr. Tim Zehnng
Executive Director
International Crime Free Association
P. O. Box 31745
Mesa, AZ 85275- 1745
Ms. Susan Brenton
Executive Director
Manufactured Housing Communities of Arizona
4525 S. Lakeshore Drive, Suite 10 1
Tempe, AZ 85282
.-.. -
Re: Crime Free Housing Programs
Dear Ms. Flanagan, Ms. Brenton, and Messrs. Feinberg and Zehring:
The Anzona Civil Rights Advlsory Board recently examined the issue of crime
free housing programs, Including crime free lease addendums, and their impact upon civil
rights in Arizona. The Board held public hearings in Tucson ( July 2006) and Phoenix
( February and March 2007) at which substantial testimony was received from members
of the publlc who had strong oplnions about the pros and cons of crime free hous~ ng
programs. During those hearings, OLU Board heard testimony from the housing industry,
housing advocacy groups, government representatives, and private individuals who are
April 10, 2007
Page 2
and have been directly affected by crime free housing prosrams. We recom. ze that the
issue of crime free Iiousin~ is multifaceted and that crime free programs serve a necessary
purpose in today's society. In most instances, people who commit crimes are not
protected by fair housing laws. However, as a result of our public hearings and after
consideration of the issue, the Board is concemed that civil rights violtitions may arise
due to the implementation of crime fkee llousing programs.
In particular, we are concemed that crime 5ee programs could potentially be used
as pretext for underlying discriminatory actions on the part of owners, property managers
and hon~ eowners'a ssociations. In a s~ tuationw here a landlord or property manager may
be contemplating a discriminatory eviction or other housing practice, a minor violation of
a crime free lease addendclm could be cited by the landlord as the " true" reason for the
action.
Additionally, several housing industry speakers indicated that they believe the fair
housing laws require them to treat everyone equally when screening applicants or
enforcing crime free lease addendums. The Board encourages the Ilouslng industry to be
mindhl of the reasonable accommodation provisions of the Anzona and Federal Fair
Housing Acts when screening potential applicants and othenvise implementing crime free
housing programs. For example, persons with senow mental illnesses may have a higher
incidence of nonviolent " survival crimes" related to pe~ iodso f homelessness, such as
loitering and public urination. These people may also be more vulnerable to interaction
with undesirable people on the property and may lose their housing due to crime free
lease addendun1 provisions that hold tenants liable for the actions of guests and other
third parties with whom they associate. The fair housing laws protect individuals with
mental disabilities unless they pose a direct threat afrer attempted application of all
available reasonable acconlmodations.
Crime free programs may also have a disparate impact on women and families
with children who are victims of domestic violence. Such vulnerable people could lose
their housing if a domestic v~ olencein cident occurs on the property or the abuser returns
without the tenant's knowledge or permission.
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Finally, the Board is concerned about the potential dlsparale impact of crime free
houslng programs on certain racial and ethnic minority groups who represent a
disproportionately high percentage of people with criminal backgrounds. At one forum
the Board recelved information that as of 2002, the crime free housing programs used by
the City of Phoeuix alone placed 186 rental properties with 129,000 rental units
effectively off limits for any felon who had a criminal conviction in the past five years.
Other attendees stated that they have been barred from rental houslng indefinitely due to
criminal convictions.
The Board recognizes that there are challenges in properly balancing the
legitimate housing needs of individuals with those of landlords and managers who are
making eligibility deteninations about individuals seeking housing while also
April 10.2007
Page 3
attempting to provide a safe environment for tenants and avoid liability. We encourage
all soups to be cognizant of the potential civil rights impact of crime free housiny
programs. In that regard, we believe that fair housing training is imperative for all
landlords, property managers, leasing agaits and hon~ eo~ vnerass's ociation board
members involved in implementing crime free housing programs. We also encourage
housing providers to engase in open dialogue with housing advocates with a view toward
adopting policies fur inipleluenting crime free housing progams that are based on
individual factors, including the applicability of reasonable accommodation for disabled
individuals whose crinlinal backgrounds may be related to their disabilities.
The Board seeks your cooperation in disseminating this letter to landlords and
property managers ( e. g. p~ lblicationi n Apnrtrrienf iVti, v.~ magazinel member distribution
lists, etc.). and would be happy to facilitate further discussion among interested groups.
Due to the important fair housiny issues raised at our public hearings, the Board plar~ sto
continue mo~ litoring the impact of crime free housing upon the civil rights of the citizens
of this State.
If you have any questions or comments about th~ sle tter or the activities of the
Board, please contact the Board's Executive Director, I~ IelanieP ate at 602- 542- 77 16 or
Melanie. Pate(; i;~ aa.. eo~~.
Jason Martinez
Board Chairperson
cc: Ms. Dora Vasquez, Director, Governor's Office of Boards and Commissions
1700 W. Washington, Phoenix, A2 65007
Dr. Sheila D. Hgii, Director, Arizona Department of Housing
11 10 W. Washington, Suite 3 10, Phoenix, AZ 85007
Mr. Ken Strobeck, Executive Director, League of Arizona Cities and Towns
1820 W. Wasllngton, Phoenix, AZ 85007
11 STATE OF ARIZONA
ARIZONA CIVIL RIGHTS ADVISORY BOARD
10 1 1 DR. TODD WIEKHORST and TODD
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l1 I1 WIEICHORST, DDS, LTD,
THE STATE OF ARIZONA ex rel. JANET
NAPOLITANO, the Attorney General, and
THE CIVIL RIGHTS DIVISION OF THE
ARIZONA DEPARTMENT OF LAW
CRD NO. 01- 3014
ORDER
l2 I1 Respondents.
l3 1) On June 28, 2002, this matter came before the Arizona Civil Rights Advisory
l4 11 Board (" Board") for formal hearing. The State of Anzona was present and represented I
l5 11 by Assistant Attorney General Gary M. Restaino. The Respondents were present and 1
l6 11 represented by the law firm of Chandler, Tullar, Udall & Redhair, LLP, attorneys Edwin
l7 11 M. Gaines, Jr. and Edward Moomjian 11. The Board was advised by Victoria
l8 11 Mangiapane, Assistant Attorney General of the Solicitor General's Office. I
FINDINGS OF FACT
1. Charging Party Faisal Salha is a male of Arabic national origin. He
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23 11 was referred by a coworker at the Sprint Communications Wireless Group (" Sprinty') to I
Based on the testimony and evidence presented by the parties, the Board makes
-- -
the following findings~ fa ct and conclusions of law.
24 11 Dr. Todd Wiekhorst (" Wiekhorst") for a dental treatment and arrived for an appointment I
27 11 2. Respondent Todd Wiekhorst, DDS, LTD is an Arizona company 1
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with Wiekhorst on September 20, 2001. He timely filed a charge of discrimination on
September 24, 200 1.
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Avenue, Tucson, Arizona. Respondent Wiekhorst is the dentist and principal of Todd
Wiekhorst, DDS, LTD, and in that capacity he refused to provide services to Faisal
Salha (" Charging Party".) Todd Wiekhorst, DDS, LTD is a " place of public
accommodation" within the meaning of A. R. S. § 4 1- 144 1 ( 2), and each named party is a
proper Respondent pursuant to A. R. S. $ 41- 1471( A). All other requirements for
coverage have been met.
3. On September 20, 2001, Charging Party arrived for scheduled
dental services at the dental office of Respondents. The receptionist, Teresa Morrow,
raised questions about his insurance coverage.
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4. On September 20, 200 1, at approximately 1 1: 00 a. m., Charging
Party entered the premises of Dr. Todd Wiekhorst's office and stated to Teresa Morrow
( Dr. Wiekhorst's receptionist) that he was there for an appointment. The Charging Party
was told he did not have an appointment and left.
5. At approximately 1 1 : 3 0 a. m. on September 20, 200 1, Charging
Party called and spoke to Ms. Morrow. During this conversation, Charging Party
identified himself as Mr. Salha and inquired if he had an appointment that day. Ms.
Morrow checked Dr. Wiekhorst's afternoon calendar and confirmed for Charging Party
that his appointment was at 1 : 00 p. m.
6. At approximately 1 : 00 p. m. on September 20, 2001, Charging Party
returned to Dr. Wi&& orst's office. Charging Party filled out the patient forms and
contacted Donna Meade, the Human Resources Manager at Sprint at the time of the
charge, to confirm that Charging Party had proper insurance, accepted by Respondent,
through Sprint.
7. An exchange of words between Charging Party and Ms. Morrow
occurred which resulted in Dr. Wiekhorst coming to the front office. At that point Ms.
Morrow left the room.
8. Following an exchange of words between Dr. Wiekhorst and
Charging Party, Dr. Wiekhorst returned Charging Party's paperwork and suggested
a. In the Position Statement, Dr. Wiekhorst declared that the
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5 II events of September 11,2001, may have greatly affected Charging Party's behavior. I
Charging Party see another dentist.
9. During the investigation, Dr. Wiekhorst made the following three
statements :
11 b. In response to an Interrogatory, Dr. Wiekhorst stated that he
7 I could not remember another individual who entered his business " in such a bad humor
8 II t hat he felt that he had to immediately verbally attack his office receptionist and
9 . I generally spread terror in the waiting room." - - I
lo 11 c. Dr. Wiekhorst also called Compliance Officer Ray Cmzl
11 I during the investigation and asked Cruz to check whether Charging Party was an
14 I IW iekhorst has treated and continues to treat other patients of both Arab and Middle-
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undocumented alien or had ties to terrorist organizations.
10. Prior to, on, and continui~ g after September 20, 2001, Dr.
18 II b ecause of his race or national origin are true and that he was refused treatment because
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19 11 of his race or national origin by Respondent in violation of A. R. S. § 4 1 - 1442. I
CONCLUSIONS OF LAW
1. The Board concludes that Charging Party's allegations of discrimination
20 11 DATED this 19da y of July 2002.
21 I1 ARIZONA CIVIL RIGHTS ADVISORY BOARD
BY
Dora Vasquez
Acting Chair
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COPY of the foregoing mailed
this 10" day of July 2002, to:
ORIGINAL of the foregoing filed
this 1 oth day of July 2002, with:
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1 Gary M. Restaino
Assistant Attorney General
Civil & ghts Division
Office of the Attorney General
1275 W. Washington
Phoenix, A2 85007
Office of the Attorney General
Arizona Civil Rights Advisory Board
Civil Rights Division
1275 W. Washington
Phoenix, AZ 85007
Edwin M. Gaines, Jr., Esq.
Edward Moornjia~ 11 , Esq.
CHANDLER TULLAR UDALL & REDHAIR LLP
33 N. Stone Avenue, Suite 2 100
Tucson, Arizona 8570 1 - 14 15
Attorneys for Respondents
Richard M. Martinez, Esq.
3 13 1 E. Second Street
Tucson, Arizona 85 7 1 6- 4209
Attorney for Chargi- n- gzarty
COPY of the foregoing e- mailed
this 10" day of June 2002 to:
Arizona Civil % ghts Advisory Board Members
STATE OF ARIZONA
( 1 On June 28, 2002, this matter came before the Arizona Civil Rights Advisory 1
ARIZONA CIVIL RIGHTS ADVISORY BOARD
14 I I~ oard(" Board") for formal hearing. The State of Arizona was present and represented I
THE STATE OF ARIZONA ex rel. JANET
NAPOLITANO, the Attorney General, and
THE CIVIL RIGHTS DIVISION OF THE
ARIZONA DEPARTMENT OF LAW
VS.
CASCADE MOTORS, L. L. C.,
Respondents.
15 I1 by Assistant Attorney General Diana Varela. Cascade Auto Sales (" Respondent") did
CRD NO. 00- 3003
ORDER
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not appear. The Board was advised by Victoria Mangiapane, Assistant Attorney
General of the Solicitor General's Office.
Based on the testimony and evidence presented by the the Board makes
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23 I1 2. Cascade Motors, L. L. C. is a limited liability corporation doing business as
the following findings of fact and conclusions of law.
-- FINDINGS OF FACT
1. Charging Party is ' an African- American male who purchased an
24 11 Respondent Cascade Auto Sales. Respondent is owned by Matt Monson and Marsali I
25 I1 Monson. Respondent is in the business of selling used automobiles to members of the
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public.
3. At all relevant times, Rick Grover was the manager of Respondent.
4. During the time that Charging Party and his girl friend, Rosie Hartsfield,
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were purchasing a Lexis from Respondent, Grover made remarks reflecting racial
stereotypes of African- American males. Despite these remarks, Charging Party
purchased the car from Respondent.
5. On at least one subsequent occasion, when Hartsfield was dropping off a
payment for the Lexis, Grover said to her, " Does that Nigger have money to make the
payment?"
6. In approximately November 1999, the Lexis, which Charging Party had
purchased from Respondent, broke down. While Charging Party's car was being
repaired, Charging Party alleges that Grover remarked, " I give - y ou brothers a car and
you fuck it up." Charging Party was given a loaner car at that time.
7. On December 4, 1999, the loaner car broke down and Hartsfield reported
it to Grover. Later that day Hartsfield and Charging Party went to Respondent's lot and
met with Grover. During that meeting, Grover told Charging Party that if he did not pay
for the repairs on the car he had purchased, it was going to be repossessed. A heated
argument ensued during which Grover called Charging Party a " Black Nigger" and
ordered him off the property. During the argument, Charging Party picked up a chair,
allegedly to defend himself, and was ordered off the property by Grover. Although the
police were called, Charging Party was never contacted by them.
8. Respondent's owner, Matt Monson, subsequently directed a lot attendant,
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Omar Carbajal, to wrik a statement indicating that Charging Party had said " I'm going
to kill all of you white fixking punk bitches." Although Carbajal wrote the statement,
he testified that he did not hear Charging Party make that remark. The only thing he
heard Charging Party say was " This Nigger ain't going to take this shit." Monson was
not on the premises at the time that the incident occurred.
9. Charles Hickman is Charging Party's landlord. He testified that on the
morning of December 4, 1999, he took a telephonic message for Charging Party from
someone who identified himself as Grover. The message was, ' You tell that Nigger
mother fucker, don't make any more payments on the Infiniti. The loaner car he
destroyed and left out on Golf Links settles this outright."
10. Charging Party filed a charge with the Division on January 2 1,2000.
CONCLUSIONS OF' LAW
1. The Board concludes that Charging Party's allegations of , race
discrimination are true and that he was subjected to racially offensive terms and
conditions during his dealings wit5 Respondent and that he was denied
accommodations, advantages, facilities and privileges by Respondent because of his
race in violation of A. R. S. $ 4 1 - 1442.
DATED this 9 day of July 2002.
- .
ARLZONA CIVIL RlGHTS ADVISORY BOARD
Dora Vasquez
Acting Chair
L of the foregoing filed
of July 2002, with:
Office of the Attorney General
Arizona Civil Rights Advisory Board
Civil Rights Division
1275 W. Washington
Phoenix, AZ 85007 I:=,
Diana L. Varela
Assistant Attorney General
Civil Rights Division
Office of the Attorney General '
1275 W. Washington
Phoenix, AZ 85007
I
COPY of the foregoing mailed
this / o% ay of June 2002 to:
1 Jerry L. Laney
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Laney & Jaszewski
New World Plaza
5055 E. Broadway, Suite C- 202
Tucson, AZ 8571 1- 3641
Statutory Agent for Respondent
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COPY of the foregoing e- mailed
this 10" day of June 2002 to:
Arizona Civil Rights Advisory Board Members
BOARD MEMBERS
Dora L. Vasquez, Chair
Marci Rios, Vice- Chair
Kimberly Allen
Renee R. Barstack
Steve M. Gallardo
Scott D. Kirtley
Carl Landrum
February 15,2002
Ms. Erin Moms
Project Coordinator
Community Services Department
City of Tucson
3 1 0 N. Commerce Park Loop
P. O. Box 27210
Tucson, AZ. 85726- 72 10
RE: Arizona Civil Rights Advisory Board (" ACRAB7')
Dear Ms. Moms:
On behalf of the Arizona Civil Rights Advisory Board I would like to extend to you a
belated thank you for your excellent presentation at our November 16,2001 Board meeting in
Tucson.
The City of Tucson's study, " Taking Stock on Arizona ' s Distressed Mobile Home
Parks" truly address the pm.& ms associated with distressed housing in Arizona. Your work as
Project Coordinator is appreciated and your knowledge on the subject matter is commendable.
Our next ACRAB meeting is scheduled for February 22,2002, in Mesa, Arizona. If you
would like to receive m agenda or care to be added to our e- mail distribution list of upcoming
meetings, please e- mail Susan Simpkins at susan. simpkins@ ag. state. az. us.
Again thank you.
Sincerely,
/ d&& k@ *% Dora L. Vasquez
Chair
. . . ,*--"""'.
.,,- w-
Ur -- ,-< 7, c 1- 5 ? 7: r::-.: h...
A R170NA
BOARD MEMBERS
Dora L. Vasquez, Chair
Marci Rios, & elchair
Kimberly Allen
Renee R. Barstack
Steve M. Gallardo
Scott D. Kirtley
Carl Landrum
February 15,2002
Mr. Tom Berning
Litigation Director
William Moms Institute for Justice
100 N. Stone, # 305
Tucson, AZ 8570 1- 0001
RE: Arizona Civil Rights Advisory Board (" ACRAE3")
Dear Mr. Berning:
On behalf of the Arizona Civil Rights Advisory Board I would like to extend to you a
belated thank you for your excellent presentation on the Flores Decision at our November 16,
2001 Board meeting in Tucson.
Yous work in advocathg for Arizona's children is commendable and your presentation
truly outlined the funding necessary to comply with Flores Order. We wish you the best.
Our next ACRAB meeting is scheduled for February 22,2002, in Mesa, Arizona. If you
would like to receive an agenda or be added to our e- mail distribution list of upcoming events,
please e- mail Susan Simpkins- at ssuan. simpkins@ ag. state. az. us.
Again thank you.
Sincerely,
, c/$ 42- d~~~% Dora L. Vasquez
-
Chair
BOARD. MEMBERS
Dora L. Vasquez, Chair
Marci Rios, vice- chair
Kimberly Allen
Renee R. Barstack
Steve M. Gallardo
Scott D. Kirtley
Carl Landrum
February 19,2002
Mr. Jaime A. Molera
Superintendent of Public Instruction
Anzona Department of ~ d ~ c a t i b n
1535 W. Jefferson Street
Phoenix, Arizona 85007
RE: Arizona Department of Education - Safe Schools Program
Dear Superintendent Molera:
In November 2001, Mr. Layton Dickerson, Safe Schools Specialist with the Department
of Education, presented an overview of the Safe Schools Program at the Arizona Civil Rights
Advisory Board (" ACRAB") hearing held in Tucson.
Mr. Dickerson's excellent presentation provided our board with information about the
program and school safety in general. ACRAB would like to commend Mr. Dickerson, for a job
well done in implementing the Safe School Program in compliance with Senate Bill 1559. In
addition, we would ask that your office consider a civil rights component in school safety
planning. -- - -- -
Again, on behalf of ACRAB, I would like to commend Mr. Dickerson for a job well
done. If our Board may be of any service to you, please feel fiee to contact us via the Civil
kghts Division of the Attorney General's Office at 602- 542- 7767. Thank you.
Sincerely,
I/ a*
Dora Vasquez
Chair
cc: Layton Dickerson
September 28,2001
Mr. Steven W. Lynn
Chairman
Arizona Independent Redistricting Commission
1400 West Washington Street, Suite B 10
Phoenix, Arizona 85007
Dear Mr. Lynn:
The Arizona Civil Rights Advisory Board (" ACRAB") would like to commend you and the members of the
Arizona Independent Redistricting Commission for your extraordinary efforts to include all citizens of our great
state in the redistricting process.
We are especially encouraged by the special attention to the redistricting needs expressed to you by our Native
American and Hispanic communities of interest. While it certainly is . not easy to make everyone happy, your
commission has displayed great diplomacy in addressing the issues identified by many special interests groups
and government entities.
ACRAB is confident that you will complete the redistricting process in a timely manner and in accordance with
the provisions set forth by Proposition 106. We have only one simple request - that above all, districts be
created in compliance with the Voting Rights Act.
Again, thank you for a job well done. If we can be of any service to you, please contact us through the Civil
Rights Division of the Attorney General's Office at 602- 542- 7767.
Sincerely, -- A
-- -
a A-'
ora Vasquez, chair Marci Fti# Vice- Chair
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Kimberly All&
Casa Grande Yuma Glendale
Renee Barstack . & k Gallardo
Phoenix Phoenix
Scott D. Wley Carl Landrum
Tucson Gilbert
October 16,2000
Arizona Attorney General Civil Rights
Advisory Board
1275 W. Washington Street
Phoenix, Anzona 85007
Re: Civil Rights Advisory Board Letter & Resolution 00- 1
Dear Chairperson Vasquez and Advisory Board Members:
\
Thank you for your letter date October 2,2000. We understand that we, as City leaders, must
participate in the universal problem of eliminating racism and cultural insensitivity. The City of
Casa Grande is very concerned that it connect with its citizens through the provision of all its
services including law enforcement. To that end, Casa Grande City Manager, Ken Buchanan
outlined, on August 21,2000, for the Casa Grande City Council, and is implementing thereafter,
the following action plan to improve all City employees' ability to serve all of our citizens.
1. All personnel in the Casa Grande Police Department are to undergo educational and
informational training specific to law enforcement on cultural diversity and awareness.
2. The formulation of a citizens committee to assist the Office of the City Manager and
Police Chief with the responsibility of addressing community policing, community
relations and law enforcement concerns. This committee will be tasked with developing
agende cf issues axd action p! m- tz ensure effective co~~ rnimipfyol icing a d
community relations.=-
3. Formation of an internal committee comprised of City employees to assist in cultural
awareness and diversity within the organization.
4. All City personnel must attend emphasizing culhual diversity and cultural awareness and
respect presented by the consulting firm of Ibana & Pedrini.
5. Addition of a layer of review by the Office of the City Manager for any and all
allegations lodged against the City of Casa Grande Police Department.
Telephone: 5201421- 8600 - Telefacsimile: 5201421- 8602 - TDD: 5201421- 2035
Cihr Hall. Kin Fact F l n r ~ n rR~ m i l ~ v a r d- r a c a CranAo Ari7nna IZri777
October 2,2000
Honorable Robert Mitchell
Mayor
City of Casa Grande
51 0 E. Florence Blvd.
Casa Grande, Arizona 85222
Dear Mayor Mitchell:
On behalf of the members of the Arizona Civil Rights Advisory Board ( ACRAB), I would like to thank
' you for the opportunity to conduct a public hearing on September 22,2000 concerning law
enforcement and community relations within your City.
Enclosed is the ACRAB Resolution 00- 1, which is the outcome of our public meeting, recommending
the implementation of a Casa Grande Police Department Citizens Advisory Committee. I am
confident that through your leadership, this Advisory Committee will serve as the mechanism to
greatly improve relations between the Community members and the Police Department.
Please have someone from your staff contact me either via telephone ( 602) 506- 8054 or by E- Mail at
DoraVassuez@ mail. marico~ a. qov with the date the resolution will be heard by the City Council, so
that I can coordinate my schedule to attend.
Again, on behalf of the ACRAB members, thank you for your- support and cooperation. I look forward
to positive results from the implementation of the advisory committee and believe that the negative
perceptions of cultural insensitivity by the police department will soon be alleviated. Please let us
know if ACRAB can be of any assistance to you in the implementation of your board.
If you have any questions concerning this matter, please feel free to contact me. I can be reached
during normal working hours at ( 602) 506- 8054 or after 6 p. m. I can be reached at ( 623) 334- 4980.
Sincerely, -- --.
Chairperson
Arizona Civil Rights Advisory Board
cc: Casa Grande Police Chief, Bob Huddelston
Wanda Williams, President, Pinal NAACP
Virginia Rivera, President, Pinal Hispanic Community Forum
Enclosure: ACRAB Resolution
Civil hghts Advisory Board
Page Two ......
Although Casa Grande Police Chief Robert Huddleston testified about the prior implementation
of this action plan at your hearing in Casa Grande on September 22,2000, I wanted to again
emphasize our actions to improve our relationships with all of our citizens.
Sincerelv.
Robert " Bob" Mitchell
Mayor
of the City of Casa Grande
cc: Janet Napolitano, Arizona Attorney General
Paul Bullis, ACRAB Executive Director
Ken Buchanan, Casa Grande City Manager
Robert Huddleston, Casa Grande Police Chief
Wanda Williams, President, Pinal NAACP
Virginia Rivera, President, Pinal Hispanic Community Forum
RESOLUTION NO. 00- 01
RESOLUTION OF THE
ARIZONA CIVIL RIGHTS ADVISORY BOARD
RECOMMENDING THE IMPLEMENTATION OF THE
CASA GRANDE POLICE DEPARTMENT
CITIZENS ADVISORY BOARD
WHEREAS, the Arizona Civil Rights Advisory Board was created by the
Arizona Legislature in accordance with ARS 41- 1401 and is empowered
to conduct hearings and foster through community efforts in cooperation
with both public and private groups the elimination of discrimination based
on race, color, religion, sex, age, handicap or national origin;
WHEREAS, the Arizona Civil Rights Advisory Board conducted a public
hearing in Casa Grande, Arizona on September 22, 2000, concerning law
enforcement and community relations.
WHEREAS, the Arizona Civil Rights Advisory Board heard testimony
from Casa Grande residents who expressed the following:
Some level of cultural insensitivity exists within the local law
enforcement agency;
---. --
The existing relationship between the community and the local
law enforcement agency needs to be improved;
• A local Citizens Advisory Board should be implemented to
work with the local law enforcement agency to address issues
such as cultural insensitivity;
NOW, THEREFORE BE IT RESOLVED THAT the Arizona Civil Rights
Advisory Board hereby:
Recommends the implementation of the Casa Grande. Citizens Advisory
Board to work with the Casa Grande Police Department.
PASSED, ADOPTED AND APPROVED BY THE ARIZONA CIVIL RIGHTS ADVISORY
BOARD THE 22ND DAY OF SEPTEMBER, 2000.
BY: ALL, L , LLLL~~+/
Dora L. Vasquez, c6airpe& on
Arizona Civil Rights Advisory Board
,( 3. a. Gc3
Date
SUNSET REVIEW HEARING
MEETING NOTICE
Interim agendas can be obtained via the Internet at http: l/ www. azleg. state. az. us/ lnterimCommittees. asp
ARIZONA STATE LEGISLATURE
INTERIM MEETING NOTICE
OPEN TO THE PUBLIC
SENATE JUDICIARY AND HOUSE JUDICIARY COMMITTEE OF REFERENCE
Date: Wednesday, December 12,2007
Time: 9: 30 A. M. or upon adjournment of Senate Judiciary Committee of Reference and
House of Representatives Natural Resources and Public Safety Committee of
Reference
Place: SHR I
AGENDA
1. Call to Order
2. Roll Call
3. Arizona Civil Rights Advisory Board
Presentation
Public Testimony
Discussion
Recommendations by the Committee of Reference
4. Arizona Supreme Court - Administrative Office of the Courts
( i) Juvenile Detention Centers
Presentation by the Auditor General
Presentation by Administrative Office of the Courts
Public Testimony
Discussion
Recommendations by the Committee of Reference
( ii) Juvenile Treatment Programs
Presentation by the Auditor General
Presentation by Administrative Office of the Courts
Public Testimony
Discussion
Recommendations by the Committee of Reference
5. Adjournment
Page 1 of 2
Members:
Senator Chuck Gray, Co- Chair
Senator Ken Cheuvront
Senator Ron Gould
Senator Richard Miranda
Senator Jim Waring
Representative Adam Driggs, Co- Chair
Representative Kirk Adams
Representative Kyrsten Sinema
Representative Steven Yarbroug h
Vacant
Persons with a disability may request a reasonable accommodation such as a sign language interpreter, by contacting the
Senate Secretary's Office: ( 602) 926- 4231 ( voice). Requests should be made as early as possible to allow time to arrange the accommodation.
Page 2 of 2
SUNSET REVIEW HEARING
MEETING MINUTES
ARIZONA STATE LEGISLATURE
SENATE JUDICIARY AND HOUSE JUDICIARY COMMITTEE OF REFERENCE
Minutes of the Meeting
Wednesday, December 12,2007
9: 30 a. m., Senate Hearing Room 1
Members Present:
Senator Chuck Gray, Cochair
Senator Ken Cheuvront
Senator Ron Gould
Senator Richard Miranda
Senator Jim Waring
Representative Adam Driggs, Cochair
Representative Kirk Adams
Representative Thomas Chabin
Representative Kyrsten Sinema
Representative Steven Yarbrough
Staff:
Christina Estes- Werther, Senate Judiciary Research Analyst
Jessica Ripplinger, Senate Assistant Research Analyst
Cochairman Gray called the meeting to order at 10: 15 a. m. and attendance was taken.
Arizona Civil Rights Advisorv Board
Christina Estes- Werther, Senate Judiciary Research Analyst, gave an overview of
the Arizona Civil Rights Advisory Board.
Melanie Pate, Executive Director, Arizona Civil Rights Advisory Board, testified in
support of the continuation of the Arizona Civil Rights Advisory Board and answered
questions posed by the Committee.
Jason Martinez, Arizona Civil Rights Advisory Board, testified in support of the
continuation of the Arizona Civil Rights Advisory Board and answered questions posed
by the Committee.
Tony Lopez, Arizona Civil Rights Advisory Board, testified in support of the
continuation of the Arizona Civil Rights Advisory Board.
Fentness Truxon, representing himself, testified in support of the continuation of the
Arizona Civil Rights Advisory Board.
Reginald Ragland, representing himself, testified in support of the continuation of the
Arizona Civil Rights Advisory Board.
Senate Judiciary and House Judiciary
Committee of Reference
December 12,2007
Page I
Diane D'Angelo, representing herself, testified in support of the continuation of the
Arizona Civil Rights Advisory Board.
Representative Driggs moved that the Senate Judiciary and House
Judiciary Committee of Reference recommend the continuation of
the Arizona Civil Rights Advisory Board for ten years. The motion
passed b
Arizona State Agency Publications
