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UNEDITED Commission Business Disclaimer for Rough Real-Time Transcripts “Do not quote or rely on this uncorrected transcript without obtaining written permission from the U.S. Commission on Civil Rights at [email protected].” 1 U.S. COMMISSION ON CIVIL RIGHTS + + + + + MEETING UNEDITED + + + + + FRIDAY, OCTOBER 21, 2016 + + + + + The Commission convened in Suite 1150 at 1331 Pennsylvania Avenue, Northwest, Washington, D.C. at 10:00 a.m., Martin R. Castro, Chairman, presiding. PRESENT: MARTIN R. CASTRO, Chairman PATRICIA TIMMONS-GOODSON, Vice Chair* ROBERTA ACHTENBERG, Commissioner* GAIL HERIOT, Commissioner PETER N. KIRSANOW, Commissioner* DAVID KLADNEY, Commissioner* KAREN K. NARASAKI, Commissioner MAURO MORALES, Staff Director MAUREEN RUDOLPH, General Counsel * Present via telephone NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 2 STAFF PRESENT: PAMELA DUNSTON, Chief, ASCD TERESA BROOKS LATRICE FOSHEE ALFREDA GREENE LENORE OSTROWSKY, Acting Chief, PAU JUANDA SMITH BRIAN WALCH MATTHEW WIAL MICHELLE TORKMAN-RAMEY COMMISSIONER ASSISTANTS PRESENT: SHERYL COZART ALEC DEULL JASON LAGRIA CARISSA MULDER AMY ROYCE ALISON SOMIN KIMBERLY TOLHURST IRENA VIDULOVIC NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 3 A G E N D A APPROVAL OF AGENDA.................................8 BUSINESS MEETING A. PROGRAM PLANNING Discussion of concept papers......................10 Update on 2017 Statutory Enforcement Report.......21 Discussion of letter re Frankie Muse Freeman .............................32 Discussion of proposed letter re Clarence Thomas and the National Museum of African American History and Culture...............................33 B. STATE ADVISORY COMMITTEES (SACs) District of Columbia..............................44 Colorado .........................................46 C. MANAGEMENT AND OPERATIONS Staff Director's Report ..........................48 PRESENTATION BY SYLVIA MENDEZ.....................49 ADJOURN MEETING ..................................75 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 4 1 P R O C E E D I N G S 2 (10:02 a.m.) 3 CHAIRMAN CASTRO: Good morning, everyone. 4 I'm calling the meeting to order. This is a meeting 5 of the U.S. Commission on Civil Rights. Today is 6 October 21, 2017 - I'm sorry, 2016. We are in the 7 fiscal year 2017, that's why I am thinking of that. It 8 is currently 10:02 a.m. and we are commencing the 9 Commission's business meeting here at our headquarters 10 at 1331 Pennsylvania Avenue NW. I'm Chairman Marty 11 Castro. 12 With me here present at the meeting are 13 Commissioners Heriot and Narasaki. Participating by 14 phone are Commissioners Yaki, Kirsanow, Kladney, and 15 Achtenberg as well as our Vice-Chair Timmons-Goodson. 16 A quorum of the Commission is present. Is the Court 17 Reporter present? She says yes. Is the Staff 18 Director present? 19 MR. MORALES: Ah, yes. 20 CHAIRMAN CASTRO: Okay, great. 21 STAFF MEMBER: Commissioner Yaki is 22 actually not on the phone. 23 CHAIRMAN CASTRO: Oh he's not? Okay, so 24 for the record, he is not on the phone yet. But he'll 25 let us know when he does join. He does intend to join NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 5 1 on the phone. Well, I want to thank everyone for 2 participating today. We're going to have a standard 3 business meeting. And then thereafter, we're going to 4 have a very special presentation by Sylvia Mendez, a 5 Civil Rights icon, to talk about a case that we'll go 6 into greater detail about later. But a case that 7 really was the blueprint for Brown v. Board of 8 Education. So we're very pleased that the tail end of 9 Hispanic Heritage Month to bring such an important 10 historic story before not only the Commission but those 11 who are going to be present and joining us for that 12 aspect of our program, as well as those folks who are 13 watching television. 14 Before I go into the voting on the formal 15 agenda, I'd like to actually let everybody know that 16 you may already be hearing some construction noise. 17 There's a building that right adjacent to ours is being 18 worked on, and you will from time to time hear 19 jackhammers, et cetera. So please bear with us as we 20 do that. 21 Secondly, I want to share some sad news 22 with Commissioners. It is with a heavy heart that we 23 advise you that fellow Commissioners and staff of the 24 passing of John Binkley, who worked here at the 25 Commission for some thirty years. Including having NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 6 1 the position of Acting Deputy Staff Director. He was 2 also Regional Programs Director and was instrumental 3 in creating the Commission's network of state advisory 4 committees. Mr. Binkley's impressive career included 5 serving as Director of Education for the President's 6 Commission on Economic Opportunity during President 7 John F. Kennedy's administration. 8 With the Colorado State 9 Anti-Discrimination Commission, he lobbied for some of 10 the earliest and strongest state civil rights 11 legislation in the nation at that time. Those at the 12 Commission who knew and worked with Mr. Binkley praised 13 him for his warmth and outspoken personality and his 14 true passion for civil rights advocacy. A memorial 15 celebration was recently held in Santa Fe, New Mexico 16 where he lived in retirement. Please join me in 17 extending condolences to his family, in particular his 18 wife and three children. 19 In addition, we witnessed recently the 20 passing of a civil rights giant, Jack Greenberg. I 21 think it's fitting to highlight the important role that 22 he played in the civil rights community. Straight out 23 of law school, Mr. Greenberg joined Mr. Thurgood 24 Marshall at the NAACP Legal Defense and Education Fund. 25 There, he played a key role in helping formulate NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 7 1 arguments for Brown v. Board of Education. On leaving 2 the LDF for a federal appellate judgeship in 1961, 3 future Supreme Court Justice Marshall asked his protégé 4 Mr. Greenberg to stay on as director and counsel of the 5 Fund, a role Mr. Greenberg held for twenty-three years. 6 Among many important accomplishments 7 during his term is that he helped litigate Meredith v. 8 Fair and Alexander v. Holmes County. He was also 9 involved in Brown v. Board of Education. He also 10 filed, in 1965, a proposed plan for a second voting 11 rights march from Selma to Montgomery, Alabama which 12 ultimately resulted in a federal court decision 13 establishing a protestor's right to hold a 14 demonstration without disruption. After retiring 15 from the LDF, Mr. Greenberg became Vice-Dean of 16 Columbia Law School and later served as Dean of Columbia 17 College. 18 In 2001, President Clinton awarded Mr. 19 Greenberg the Presidential Citizen's Medal, calling 20 him a crusader for freedom and equality for more than 21 half a century. As Chairman and along with my 22 Commissioners and colleagues here on staff, we echo the 23 sentiment that the President did recently in 24 recognizing the passing of Mr. Greenberg and 25 recognizing the tireless advocacy and civil rights work NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 8 1 that he did. And we express condolences to his family 2 as well. So thank you for the opportunity to share that 3 information with you. 4 I. APPROVAL OF AGENDA 5 CHAIRMAN CASTRO: Now I will ask for a 6 motion to approve the agenda. Is there a motion? 7 COMMISSIONER HERIOT: So moved. 8 CHAIRMAN CASTRO: Do I have a second? 9 COMMISSIONER KIRSANOW: Sure. 10 CHAIRMAN CASTRO: Yeah. Commissioner 11 Kirsanow? 12 COMMISSIONER KIRSANOW: Can we move to 13 amend the agenda? 14 CHAIRMAN CASTRO: Ah, yes. Well, first of 15 all - make the motion to approve it, and then I'm going 16 to ask for amendments. So I need a second on the motion 17 to approve the agenda. Will you second it? 18 VICE CHAIR TIMMONS-GOODSON: Seconded. 19 CHAIRMAN CASTRO: Is that Vice Chair? 20 VICE CHAIR TIMMONS-GOODSON: Vice Chair, I 21 second it. 22 CHAIRMAN CASTRO: Okay. So now I'm going 23 to ask for amendments. Commissioner Kirsanow? 24 COMMISSIONER KIRSANOW: Thank you, Mr. 25 Chairman. I move to amend the agenda to include a NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 9 1 discussion of a letter to the African American Museum 2 regarding Justice Thomas after the update on the status 3 of the 2017 Statutory Enforcement Report. 4 CHAIRMAN CASTRO: Okay. Is there a second? 5 COMMISSIONER HERIOT: I'll second. 6 CHAIRMAN CASTRO: Commissioner Heriot 7 seconds. Any other motions? I have a motion to amend 8 the agenda to add a discussion and vote on the approval 9 of the U.S.
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