By Kim McDarison
The fate of a proposed “hate bias form” and its associated procedure will be discussed during a meeting of the Whitewater Equal Opportunities Commission, according to the meeting’s agenda which has been posted to the city’s website.
The meeting will be held virtually Monday, April 3, at 5 p.m. Those interested in attending are invited to join the meeting using the “goto.com” platform. Instructions to download the app and join the meeting are included on the agenda, found here: https://whitewater-wi.gov/AgendaCenter/ViewFile/Agenda/_04032023-1679?html=true.
According to a memo found within the meeting packet from Whitewater City Manager John Weidl, the city’s staff is recommending to the commission that it not develop a form designed to formalize complaints of “hate bias” or any associated processes that would involve city staff.
Instead, the memo recommends that staff develop a “resource,” and “make clear that the police department will investigate criminal complaints.”
The memo states: “Do not ask staff to investigate and make findings regarding non-criminal complaints.”
Within his memo, Weidl noted that staff had considered “the suggestion” that the city approve a form for reporting and processing actions falling under the heading of “hate bias.”
Additionally, he wrote: “While the staff strongly supports the goals and principals of such a process, we as a group do not recommend that a process be implemented in the city,” further writing that the staff had consulted with the city’s attorney and police chief to formulate a recommendation against instituting a form and process.
He cited staff’s concern that non-police staff did not have the expertise required to investigate, and make findings and decisions regarding “these types of complaints.”
Weidl wrote: “This process could include interpreting complex statutes and codes and applying them to the facts and also involve other difficult analysis and decisions. Because a city staff ‘violation’ finding could have a serious effect on an individual’s reputation and employment opportunities etc., it would be necessary to have proper due process in place which should include a hearing type opportunity, which would require notice and the right to be heard.”
He pointed to such remedies as “a judicial trial proceeding” as a better avenue to ensure “due process.”
Additionally, he noted, “There are various federal and state laws protecting individuals from this type of conduct and there are agencies that are trained to investigate and process offenses.”
Weidl stated that staff was suggesting as an alternative approach that the Equal Opportunity Commission develop an information resource that could be made available to those who believed themselves to be a victim of a crime, discrimination or other “improper conduct.”
Within the meeting packet, an example of a form is provided, and states: “This form is to be used for reporting hate crimes, hate speech, bullying, unethical or discriminatory behavior occurring within the city of Whitewater by visitors, community members or city employees.”
The form offers check-boxes for the “nature of alleged bias,” including: age, disability, gender, marital status, national origin, parental status, pregnancy, race or color, religion, sexual orientation, and veteran status, among others.
A proposed process for receiving such complaints is also provided.
The full memo, example form and proposed process are here: http://fortatkinsononline.com/wp-content/uploads/2023/04/httpswww.whitewater-wi.govDocumentCenterView3467EOC-Agenda-Item-Hate-Bias-FormbidId.pdf.
Whitewater Municipal Building, file photo/Kim McDarison.
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