North Dakota Human Rights Coalition
Working to effect change so that all people in North Dakota enjoy full human rights
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North Dakota Human Rights Coalition Working to effect change so that all people in North Dakota enjoy full human rights |
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February 8, 2002
Mark D. Bachmeier, Commissioner North Dakota Department of Labor State Capitol Building, 13th Floor 600 East Boulevard, Dept. 406 Bismarck, ND 58505-0340
Dear Commissioner Bachmeier,
We, the members of the North Dakota Human Rights Coalition, wish to thank you for the time and effort that was required of you to meet with us on December 17th. The consensus of our group was that our meeting with you was informative and very worthwhile.
By way of review, most of the topics we discussed at that December meeting were also raised in our previous exchange of letters. In principle, our discussion at the Dec. 17th meeting was based upon the issues that were outlined in our letter of November 25th. We continue to refer to these points because, we feel, they are absolutely crucial to the framework upon which an effective means of human rights enforcement for North Dakota citizens can be built. Although our discussion during our December meeting was rather detailed, we feel it to be important that there would be a written response to points in the letter of November 25th. Thank you in advance for the thought and research required of you to compose this response.
As you will recall, one of the principle issues that garnered so much discussion during our meeting on December 17th, was the establishment of an Advisory Committee for the Division of Human Rights. During our discussion, you questioned those present as to why an Advisory Committee was necessary. Our discussion led to an offer to document the reasoning for establishing such a Committee. To this end, enclosed with this letter is a proposal that outlines reasons why such a Committee should be instituted.
It has been well established in many instances that State Boards and Commissions have served a vital role within state government. Similarly, it is our belief that the input from an Advisory Committee would also prove to be vital to the administration of human rights enforcement within agencies of state government. We believe, that this contribution would more than justify the reimbursement of its members for the expenses that they would incur.
Another major focal point of our previous letters and discussions has been the procedures for establishment of "probable (reasonable) cause" for the complaints that are submitted to the Division. As you are well aware, this issue was addressed rather extensively in the contribution Mark Schneider made in our letter of November 25th. We ask that you would review and respond to the issue of probable (reasonable) cause as it was addressed in that letter.
Personally, I thank you for including me as a panel member representing North Dakota Association of the Blind and the North Dakota Human Rights Coalition at the Diversity Day Celebration, that was conducted in conjunction with observance of Martin Luther King Day, at the University of Mary in Bismarck on Monday, January 21st. I feel that it was an excellent opportunity for all participants to share information among themselves and to learn from these shared experiences. I very much look forward to receiving a compilation of the notes taken at the diversity day Celebration.
If it is available, would you also send me a copy of the instrument (questionnaire) that D and H Research used in their telephone interviews to help determine the extent of discrimination which is experienced by citizens of North Dakota? Whenever the results of this study are available, we would be most interested in receiving the details that it contains.
Has there been a decision as to how the position which Dina Butcher previously held in the Division will be filled? Information you could supply in that regard would also be most appreciated.
Please know that your response to this letter and its enclosure are most appreciated.
Sincerely,
Allan Peterson, Chairperson North Dakota Human Rights Coalition Home Address: 7009 Horseshoe Bend, Fargo, ND 58104-5719 Phone: 282-4644
ENCLOSURES:
An Advisory Committee Proposal for the Division of Human Rights
The proposal we outline herein addresses the intent, function and composition of an Advisory Committee for the Division of Human Rights as administrated within the North Dakota Department of Labor.
Intent: The intent of the Advisory Committee is not to manage or administrate the Division of Human Rights; The primary intent, in advocating for the establishment of an Advisory Committee, is for it to be of assistance and to be a resource for the Department as the Division of Human Rights seeks to accomplish it's mission. Our advocacy for establishing an Advisory Committee, is for it to help the Division be an effective means within state government by which all acts of discrimination can be minimized and eventually, eliminated altogether.
Function: We believe that the functions that an Advisory Committee would perform would be beneficial to the success that the Department would realize in its efforts to enforce our states Human Rights Act. A list of suggested functions for an Advisory Committee include the following:
(1) It would be a resource for critical review. The Committee would periodically review a summary of the work and the progress that the Division has made on cases that have been submitted over a time interval between meetings. Based on the review of the overall summary of cases, the Committee could make pertinent suggestions to the administrators of the Division. the Committee would not review individual cases unless a specific request for their advice and input on such cases were made.
(2) It could be a Sounding Board for reviewing procedures and initiatives. The Advisory Committee could review policy and initiatives that the Division has undertaken to guide its work. For the sake of illustration This could include, what documentation the Division collects and how it is collected. The administrators of the Department would then have had the opportunity to gain these suggestions and utilize the knowledge they would have gained from this input in any way they would deem to be appropriate.
(3) The Committee would be a resource for information. Individuals who were selected to serve on the proposed Advisory Committee would be chosen to reflect a broad base of expertise and experience with advocacy groups who have addressed human rights violations. Through the process of sharing their knowledge with administrators of the Division, they would provide the insight that would help make the Department a more effective agency.
(4) Provide a link to the community. The Advisory Committee would be a link to the people in the various regions and communities in North Dakota. Although Department personnel can conduct open forums in different locations of the state, their day-to-day contact within individual communities is limited. Advisory Committee members would add the perspective of those persons who do have daily contacts with people in various communities of the state. (5) The work of an Advisory Committee would add to the credibility of the Department's efforts. The existence of an Advisory Committee would give the Department greater credibility with people it serves because it would demonstrate the Department's willingness to cooperate collaboratively with community leaders for the enforcement of our human rights laws.
(6) An Advisory Committee could assist with efforts to create more public awareness about the Division of Human Rights and educate the public on what constitutes discriminatory practices. The ultimate success of advocacy for human rights enforcement is for all people to come to a greater understanding and appreciation for the personal dignity that is sought through observance of our human rights laws. It is our belief that the Advisory Committee would be of great assistance in creating more public awareness and appreciation for our State's Human Rights Laws.
On the Composition of an Advisory Committee: It is proposed that the membership of the Advisory Committee to the Division should be composed of (1) representatives that are chosen from the leadership of organizations of people who have been identified as belonging to the protected classes which are listed in the North Dakota Human Rights Act, (2) representatives from leadership in the business community, (3) professionals who have experience in this area and have dealt with issues of human rights and equal opportunity and (4) individuals with a legal background and experience in the area of human rights enforcement and administrative law. The Advisory Committee should be composed of, at least, ten to twelve members. It is suggested that each of the protected classes identified in the Human Rights Act be represented on the Committee in numbers proportional to their percentage within the total population of the state.
Appointments to the Advisory Committee: The appointments to the Advisory Board could be made, for example, in a somewhat similar manner as those made to the State Independent Living Council (SILC). Nominees would be submitted with recommendations for appointment; the Governor's Office would then have the discretion to finalize any of the recommendations for appointments. Members would serve without any compensation other than being reimbursed for the expenses they incur.
Concluding Statement of Support: Our nation's government and culture have been built upon the ideals of democracy and equality for all. The progress that we've achieved as a nation has without doubt, been a product of the ideals to which our form of government has aspired. Our society is progressively becoming more diverse; we, as a state, need to embrace the diversity which has become more pronounced elsewhere in our nation. It is our belief that discrimination is not only unlawful but ultimately undermines the values and the resources of our culture and society. We also believe that the Advisory Committee that we've proposed can assist the Department of labor to minimize the extent to which discrimination is experienced by the citizens of North Dakota.
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North Dakota Human Rights Coalition P.O. Box 1961 Fargo, North Dakota 58107-1961 Phone: (701) 239-9323 Fax: (701) 478-4452 Email: humanrights@ndhrc.org
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