Civil Rights Commission — Davenport, IA
Date: 2025-06-10
Time: 12:00

CIVIL RIGHTS COMMISSION MEETING

 CITY OF DAVENPORT, IOWA

 Tuesday, June 10, 2025; 12:00 PM



 Virtual Via Zoom:
 https://us02web.zoom.us/j/84869608008?pwd=MUhuMUNSUnp4WlZndk9tbXZiMlY1UT09

 AMID CONCERNS ABOUT THE SPREAD OF COVID-19 (CORONAVIRUS) WITHIN OUR
 COMMUNITY, AS AN ONGOING MITIGATION MEASURE, IN COMPLIANCE WITH CDC
 RECOMMENDATIONS, THE COMMISSION WILL HOST ITS NEXT MONTHLY MEETING,
SCHEDULED FOR JUNE 10, 2025, AT NOON THROUGH A VIRTUAL FORMAT. THIS ACTION HAS
  BEEN TAKEN DUE TO SAFETY CONCERNS ASSOCIATED WITH COVID-19. THE HEALTH AND
 SAFETY OF COMMUNITY MEMBERS, VISITORS, CUSTOMERS AND OUR STAFF AT THE
  DAVENPORT CIVIL RIGHTS COMMISSION IS ALWAYS A TOP PRIORITY. IT IS WITH THIS IN
 MIND THAT WE HAVE TAKEN THIS STEP TO MITIGATE THE POSSIBILITY OF COMMUNITY
 TRANSMISSION. IF YOU WOULD LIKE TO SIGN UP TO ATTEND OUR NEXT MEETING, PLEASE
 REGISTER IN ADVANCE FOR THIS MEETING - YOU WILL FIND THE LINK IN THE AGENDA
 UNDER ROLL CALL. AFTER REGISTERING, YOU WILL RECEIVE A CONFIRMATION EMAIL
 CONTAINING INFORMATION ABOUT JOINING THE MEETING.
I. Roll Call

 Virtual Via Zoom:
 https://us02web.zoom.us/j/84869608008?pwd=MUhuMUNSUnp4WlZndk9tbXZiMlY1UT09

II. Approval of Agenda

III. Approval of Minutes

 A. May 2025 Minutes

 B. April 2025 Minutes

IV. Director's Report

 A. May 2025 Director's Report

 B. May 2025 Case Status Report

V. New Business

 A. Joint Council and DCRC Commission Meeting - Followup

VI. Old Business

VII. Public Comment and Presentation
VIII. Adjourn

IX. Next Meeting

CIVIL RIGHTS COMMISSION MEETING

 CITY OF DAVENPORT, IOWA

 Tuesday, June 10, 2025; 12:00 PM



 Virtual Via Zoom:
 https://us02web.zoom.us/j/84869608008?pwd=MUhuMUNSUnp4WlZndk9tbXZiMlY1UT09

 AMID CONCERNS ABOUT THE SPREAD OF COVID-19 (CORONAVIRUS) WITHIN OUR
 COMMUNITY, AS AN ONGOING MITIGATION MEASURE, IN COMPLIANCE WITH CDC
 RECOMMENDATIONS, THE COMMISSION WILL HOST ITS NEXT MONTHLY MEETING,
SCHEDULED FOR JUNE 10, 2025, AT NOON THROUGH A VIRTUAL FORMAT. THIS ACTION HAS
  BEEN TAKEN DUE TO SAFETY CONCERNS ASSOCIATED WITH COVID-19. THE HEALTH AND
 SAFETY OF COMMUNITY MEMBERS, VISITORS, CUSTOMERS AND OUR STAFF AT THE
  DAVENPORT CIVIL RIGHTS COMMISSION IS ALWAYS A TOP PRIORITY. IT IS WITH THIS IN
 MIND THAT WE HAVE TAKEN THIS STEP TO MITIGATE THE POSSIBILITY OF COMMUNITY
 TRANSMISSION. IF YOU WOULD LIKE TO SIGN UP TO ATTEND OUR NEXT MEETING, PLEASE
 REGISTER IN ADVANCE FOR THIS MEETING - YOU WILL FIND THE LINK IN THE AGENDA
 UNDER ROLL CALL. AFTER REGISTERING, YOU WILL RECEIVE A CONFIRMATION EMAIL
 CONTAINING INFORMATION ABOUT JOINING THE MEETING.
I. Roll Call

 Virtual Via Zoom:
 https://us02web.zoom.us/j/84869608008?pwd=MUhuMUNSUnp4WlZndk9tbXZiMlY1UT09

II. Approval of Agenda

III. Approval of Minutes

 A. May 2025 Minutes

 B. April 2025 Minutes

IV. Director's Report

 A. May 2025 Director's Report

 B. May 2025 Case Status Report

V. New Business

 A. Joint Council and DCRC Commission Meeting - Followup

VI. Old Business

VII. Public Comment and Presentation
VIII. Adjourn

IX. Next Meeting
 City of Davenport
 Civil Rights Commission
Department: Civil Rights Action / Date
Contact Info: | 6/10/2025
Subject:
May 2025 Minutes

Attachments:
1. DCRS Reg Meeting May 13. 2025
 DAVENPORT CIVIL RIGHTS COMMISSION
 Minutes of Regular Meeting
 Tuesday, May 13, 2025; 12:00 PM


The Davenport Civil Rights Commission (DCRC) met at 12:00 p.m. Tuesday, May 13, 2025, online
using Zoom. Commission Chair Michael Guster presided over the meeting.

COMMISSIONERS PRESENT:

Ethelene Boyd
Michael Guster
Frank Holley
Glenn Peterson
Jeff Transou


COMMISSIONERS ABSENT

Charlene Upchurch-Taylor


OTHER PERSONS PRESENT:
Director Lacey
Mr. Jesse Dill
Mr. Charles Owens
City of Davenport
Others from the community

AGENDA
Commissioner Guster called for the approval of the agenda. Commissioner Holley made a
motion to approve the agenda; Commissioner Boyd seconded the motion. All Commissioners
approved the agenda.

APPROVAL OF MINUTES

 A. The minutes of the April meeting were tabled until the June meeting.

OLD BUSINESS

 A. E-0093-0048-17

Respondent’s counsel, Jesse Dill spoke first to the Commissioners about the opposition to Mr.
Charles Owens’ proposed damages relating to his employment discrimination complaint at
Kraft-Heinz. Complainant Charles Owens then spoke about his damages relating to his
employment discrimination complaint against Kraft-Heinz and why he believed he deserves the
requested compensation.
Commissioner Peterson asked if he could ask a question of the parties relating to the underlying
facts of the claim. Commission Chair Guster explained that this would not be permitted as we
were done with the liability aspect at this point and solely assessing damages, we were ready to
go into closed session to decide an outcome based upon what has already been presented to
the Commission by the Respondent and the Complainant, as found within the record.

1. “At 12:21 p.m. o’clock pursuant to Iowa Code 21.5 (1) (f) and upon motion by Commissioner
 Boyd, seconded by Commissioner Transou and with all Commissioners, Boyd, Guster, Holley,
 Peterson, and Transou present and voting yes, the Commission moved into closed session to
 discuss discuss the decision to be rendered in a contested case proceeding conducted
 according to the provisions of chapter 17A.”

The Commission came back into an open session at 1:50 p.m. A roll call was taken by
Commissioner Transou.

Commissioner Boyd Yes
Commissioner Guster Yes
Commissioner Holley Yes
Commissioner Peterson Yes
Commissioner Transou Yes


The Commission then took a vote on its decision on the damages awarded to the Complainant.
The following statement was then read by Commissioner Transou:

The Complainant shall be reinstated solely for the purpose of effectuating the award of
retirement and pension benefits. The terms of reinstatement shall be limited to administrative
purposes necessary to confer such benefits and shall not require actual return to work.

For purposes of calculating and awarding retirement benefits, the Complainant shall be
deemed to have retired effective March 31, 2021, at the age of 62.

The Respondent shall pay the Complainant the difference between:

 1. The retirement and pension benefits actually received by the Complainant to date;
 and

 2. The total amount of retirement and pension benefits the Complainant would have
 received had he retired on March 31, 2021, at age 62, with full benefits under the
 applicable retirement plan(s).

In addition to reinstating the Complainant to award benefits, the Commission is awarding the
Complainant $261,007.95 in compensatory damages and $8856.08 for the costs of the hearing.
The Respondent has 120 days of this ruling to implement the Commission’s decision.

REPORT OF THE DIRECTOR

Director Lacey stated there was no right to sue letters issued in the month of April, and no cases
were settled in mediation in the month of April.

The Director finalized the DCRC annual report. Director Lacey worked on compiling back data
for the joint follow-up meeting with DCRC and City Council.
Director Lacey continues to wait for responses to the Director and the Commission’s separate
request for the salary assessment data for the investigation related positions within the agency.
The Director’s requests were submitted on October 11 and 21st of 2024 and December 12, 2024.
The Commission’s request was submitted with a requested response date of January 31, 2025.
The information has not been received to date, we do not have a prospective date of receipt
from Human Resources and have not received any information from Human Resources, aside
from the acknowledgement of receipt of the requests. Without information on salaries, the
Director cannot make decisions on the budget, further if someone is offered the Civil Rights
Specialist position, there is no available salary data to provide to candidates. Six months is an
inordinate amount of time to await responsive information on such a pertinent matter. The
Director continues to await receipt of this information.

The Director drafted a motion in a proceeding for intervention, seeking a temporary injunction.

Director Lacey continued to await responsive information from the City Administrator regarding
the information from Finance relating to the HUD funding, where we were notified that Finance
would no longer do the Finance-related certification for our HUD contract, despite controlling
the funding and the lack of response from Human Resources, the delays in processing personnel
actions by Finance and Human Resources, the unilateral removal of the Civil Rights Investigator
job posting from Human Resources and the absence of resolution to the internal complaint
regarding the interception of the Commission’s confidential mail, submitted on December 20,
2023.

Under new business, the Director reminded the Commission of the Joint DCRC City Council
meeting on May 20, 2025, at 5 p.m. at the Police Station’s Community Meeting Room.

The Director stated she would be out of the office between the 15th and 19th of May.

NEW BUSINESS

 A. Davenport Civil Rights Commission Litigation

 1. Legal Representation – the Commission voted to approve hiring counsel to
 represent the Commission in litigation filed against it by former Davenport City
 Attorney, Mallory Hoyt Bagby.

Closed session pursuant to Iowa Code 21.5 (1)(c)

 A. To discuss strategy with counsel in matters that are presently in litigation or where
 litigation is imminent where its disclosure would be likely to prejudice or
 disadvantage the position of the governmental body in that litigation.

There was not a quorum, and so this session was put on the agenda for the next meeting.

PUBLIC COMMENT AND PRESENTATION

None

ADJOURN

The meeting was adjourned by unanimous consent of the members of the Commission.
NEXT MEETING

The next regular meeting of the Commission is June 10, 2025, at 12 noon.

Submitted by Commissioner Jeff Transou
 City of Davenport
 Civil Rights Commission
Department: Civil Rights Action / Date
Contact Info: | 6/10/2025
Subject:
April 2025 Minutes

Attachments:
1. April 8, 2025 Meeting MInutes
 CIVIL RIGHTS COMMISSION MEETING
 CITY OF DAVENPORT, IA
 TUESDAY, APRIL 8, 2025


The Davenport Civil Rights Commission met and Called to Order: 12:03 via Zoom.
Commissioner Chair Michael Guster presided over the meeting.

ROLL CALL:

COMMISSIONERS PRESENT:

Mike Guster
Frank Holley
Charlene Upchurch-Taylor
Jeff Transou
Glenn Peterson

COMMISSIONERS ABSENT:

Ethelene Boyd

OTHER ATTENDEES:

Director Latrice Lacey
The City of Davenport

AGENDA:
Commissioner Mike Guster called for the approval of the agenda. It was moved by
Commissioner Frank Holley to accept the agenda: seconded by Commissioner Glenn Peterson;
motion carried.

APPROVAL of FEBRUARY 2025 MINUTES: Tabled in March –

It was moved by Commissioner Frank Holley to accept the minutes with any necessary
corrections; Seconded by Commissioner Jeff Transou; motion carried

APPROVAL of MARCH 2025 MINUTES:
 It was moved by Commissioner Frank Holley to accept the minutes with any necessary
corrections; Seconded by Commissioner Glenn Peterson; motion carried

DIRECTOR’S REPORT:
 • No right to sue letters issued in the month of March
 • No mediation or conciliation settlements.
 Annual Report Topics - No additional topics for Annual Report. Two remaining articles
 for the report’s completion.
 Salary Assessment Issue –
 • Submitted a salary assessment for the investigative positions in October 2024.
 • Submitted a formal written request in December 2024. Last Friday.
 • April 4, 2025, received an unresponsive reply.
 • Outlined the need for a comparison of the Civil Rights Investigator and Civil Rights
 Specialist positions within our department to similar roles across other commissions
 in the state. The aim was to ensure that our compensation structure aligns with
 industry standards, reflecting the complexity and responsibilities of these roles. The
 comparison was made between the Investigations Manager (IM) role—something
 entirely different from what had been asked about, which was not mentioned in the
 original request—and the Senior Civil Rights Investigator roles statewide.
 • This response ignored the clear distinctions which had been outlined between the
 Civil Rights Investigator and Civil Rights Specialist positions in the written
 correspondence and prior verbal communications, which was the core of the request.
 • The response received erroneously compared our Civil Rights Specialist role to
 lower-level Civil Rights Investigator positions.
 Finance Issue - Have not received the correct figures on budget.
 Meeting Follow-up w/ City Administrator Maxeiner - no responses to the complaints
 submitted in December 2023 or April 2024, nor answers to the questions asked about the
 repeated and continued delays, issues with Finance and HR silent treatment.
 • Commissioner Mike Guster recommended these concerns be put on the agenda for
 discussion at the Joint meeting on April 15th.
 • Questions asked should be submitted to the Commissioners in advance

MARCH CASE STATUS
 • 2 new employment cases - 172
 • 2 new housing cases - 67
 • 25 public accommodations cases
 • 19 public education cases

 • 1 employment case closed
 • 3 pending public hearings
 • 1 case in judicial review


NEW BUSINESS: None

OLD BUSINESS: Stated in Director’s Report

PUBLIC COMMENTS AND PRESENTATIONS: None

NEXT MEETING:
Regular DCRC Meeting, May 13, 2025
Joint Meeting DCRC/City Council, April 15, 2025, at 5:00 p.m.



ADJOURN:

Commissioner Mike Guster called to adjourn the meeting. It was moved by Commissioner Frank
Holley and Seconded by Commissioner Charlene Upchurch-Taylor to adjourn the meeting at
12:53; motion carried.


Submitted by,



Commissioner Charlene Upchurch-Taylor



Commissioner Charlene Upchurch-Taylor,
Secretary
 City of Davenport
 Civil Rights Commission
Department: Civil Rights Action / Date
Contact Info: | 6/10/2025
Subject:
May 2025 Director's Report

Attachments:
1. May 2025 DR
 DIRECTOR’S REPORT FOR THE DAVENPORT CIVIL RIGHTS COMMISSION FOR
 May 2025

 I. CASE STATUS
 1. No “right to sue” letters were issued in the month of May.
 2. No cases settled in mediation in the month of May.
 II. OTHER ACTIVITY
 1. The Director completed case processing documentation.
 2. The Director worked on pre-hearing preparation.
 3. The Director worked on compiling additional back data and developing additional
 presentations for the joint followup meetings with DCRC and City Council, scheduled
 for May 20 and June 3.
 4. The Director continued to wait responses to the Director and the Commission’s separate
 request for the salary assessment data for the investigation related positions within the
 agency. The Director’s requests were submitted on October 11, 2024, October 21, 2024
 and December 12, 2024. The Commission’s request was submitted with a requested
 response date of January 31, 2025. The information has not been received to date, we do
 not have a prospective date of receipt from Human Resources and have not received any
 information from Human Resources, aside from the acknowledgment of receipt of the
 requests. Without information on salaries, the Director cannot make decisions on the
 budget, nor hiring for the Civil Rights Specialist position, as there is no available salary
 data to provide to candidates. Six months is an inordinate amount of time to await
 responsive information on such a pertinent matter. The Director continues to await the
 receipt of this information, despite receiving acknowledgement that city staff are not
 supposed to be making these decisions for the Commission and are usurping the
 Commission and the Director’s authority, the Human Resources Director’s supervisor
 has failed to direct her to cease this conduct going forward.
 5. The Director reviewed the proposal submitted by the City Administrator, which was
 intended to address staff noncompliance with duties related to the Commission.
 However, the proposal re ects a misunderstanding of both the staff’s actual
 responsibilities and the independent structure of the Commission. As a result, it merely
 attempts to reorganize the Commission’s functions rather than resolving the underlying
 issue, city staff’s failure to perform their duties.
 6. The Director attended the Joint City Council/Civil Rights Commission meeting.
 7. The Director worked on post hearing brie ng in the housing public hearing.
 8. The Director worked on post hearing brie ng in the education public hearing.
 9. The Director provided the Commission with a follow-up regarding the misinformation
 included in the partial responses to the DCRC and City Council concerning the of ce
 remodel and the furniture purchases for the Commission. This clari cation was necessary
 due to the misinformation and lack of responsiveness from City Administration, Human
 Resources, and Finance.
 10. The Director continued to await responsive information from the City Administrator
 regarding the information from Finance relating to the HUD funding, where we were
 noti ed that Finance would no longer do the Finance-related certi cation for our HUD
 contract, despite controlling the funding and the lack of response from Human
 Resources, the delays in processing personnel actions by Finance and Human Resources,




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 the unilateral removal of the Civil Rights Investigator job posting from Human
 Resources and the absence of resolution to the internal complaint regarding the
 interception of the Commission’s con dential mail, submitted on December 20, 2023.
 11. The Director continued to monitor COVID-191 rates and its impact on of ce functions.
 12. The Director worked on case resolution documents.
 13. The Director worked on litigation.
 14. The Director worked on pre-hearing motions and responses.
 15. The Director paused reviewing applications for the Civil Rights Specialist position as we
 have continued to await information on salaries, which does not appear to be
 forthcoming.
 16. The Director continues to work on the development of training and professional
 development opportunities related to the staf ng realignment related to the forced
 departure of the Asst. Director/Housing Programs Manager.
 17. Housing Analyst worked on housing investigations.
 18. Housing Analyst worked on housing inquiries.
 19. Housing Analyst worked on case resolutions.
 20. Investigations Manager worked on case le reviews and updates.
 21. Investigations Manager worked on case resolutions.
 22. Investigations Manager worked on complaint intakes.
 III. OLD BUSINESS
 1. Ongoing discrimination, harassment and bullying of Commission staff.
 1. Retaliatory actions against Commission staff and further examples of different
 treatment.
 2. Legal Department refusal to accept Commission referral.
 3. Use of racial slurs in City Hall. City’s failure to initiate complaint investigation.
 4. Investigation of hostile working environment, still no ndings over a year after the
 initiation of the investigation.
 5. Continued refusal to process vacation correction, despite receiving their legal opinion
 which clearly indicates that the Commission’s procedure for processing the correction
 was appropriate.
 6. Constructive discharge of Commission employees.
 7. Staf ng Concerns - Investigation position postings and salary.
 8. The Commission continues to face delays and obstructive actions by City Administration
 that have hindered resolution of matters previously presented to the City Council. These
 actions appear to undermine the Commission’s mission and re ect ongoing retaliation
 and retaliatory harassment in response to substantiated complaints of discrimination and
 harassment.

 IV. NEW BUSINESS
 1. Unscheduled Joint DCRC City Council meeting - DCRC must initiate discussion
 regarding the status of the next Joint Commission–City Council meeting. Although an
 additional meeting was discussed and anticipated, scheduling did not occur due to the
 early departure of the Mayor, City Administrator, and other elected of cials before a date
 could be con rmed.

 1 Also, influenza and RSV.




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 City of Davenport
 Civil Rights Commission
Department: Civil Rights Action / Date
Contact Info: | 6/10/2025
Subject:
May 2025 Case Status Report

Attachments:
None
 City of Davenport
 Civil Rights Commission
Department: Civil Rights Action / Date
Contact Info: | 6/10/2025
Subject:
Joint Council and DCRC Commission Meeting - Followup

Attachments:
None