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2002 ANNUAL REPORT NEW YORK CITY COMMISSION ON HUMAN RIGHTS The New York City Human Rights Law is one of the most comprehensive civil rights laws in the nation. The Law prohibits discrimination in employment, housing and public accommodations based on race, color, creed, age, national origin, alienage or citizenship status, gender (including gender identity and sexual harassment), sexual orientation, disability, or marital status. In addition, the Law affords protection against discrimination in employment based on arrest or conviction record and status as a victim of domestic violence. In housing, the Law affords additional protections based on lawful occupation and family status. The City Human Rights Law also prohibits retaliation and bias-related harassment.

The New York City Human Rights Law is one of theNEW YORK CITY IS THE greatest city in the world and one of the things that makes it so great is its diversity. However, when discrimination

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Page 1: The New York City Human Rights Law is one of theNEW YORK CITY IS THE greatest city in the world and one of the things that makes it so great is its diversity. However, when discrimination

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The New York City Human Rights Law is one of themost comprehensive civil rights laws in the nation. TheLaw prohibits discrimination in employment, housing andpublic accommodations based on race, color, creed, age,national origin, alienage or citizenship status, gender(including gender identity and sexual harassment), sexualorientation, disability, or marital status. In addition, theLaw affords protection against discrimination in employment based on arrest or conviction record and status as a victim of domestic violence. In housing, theLaw affords additional protections based on lawful occupation and family status. The City Human RightsLaw also prohibits retaliation and bias-related harassment.

Page 2: The New York City Human Rights Law is one of theNEW YORK CITY IS THE greatest city in the world and one of the things that makes it so great is its diversity. However, when discrimination

NEW YORK CITY IS THE greatest city in the world and one ofthe things that makes it so great is its diversity. However, when discriminationappears, it threatens our unity and spirit.It is illegal and will not be tolerated.

This City has one of the most comprehensive Human Rights Laws inthe nation which protects New Yorkers from discrimination in employment,housing and public accommodations.The Commission on Human Rights is the agency empowered to enforce this law and provide protection to those who need our assistance.

One year ago, I appointed Patricia L.Gatling, a career prosecutor fromBrooklyn, as its Commissioner / Chair,to revitalize the Commission andstrengthen its services. Under her direction, the Commission has been

rebuilt from the ground up and haseliminated the huge backlog of cases,refocused the agency's efforts towardhandling the complaints and imple-mented several new programs and innovative ideas on how theCommission can better serve the community. Simply put, they have donemuch more with far fewer resources.

Our commitment to human rights isevidenced by the fact that the lives ofall New Yorkers are a little better.I want to congratulate CommissionerGatling and her staff at the New YorkCity Commission on Human Rightsfor their remarkable work.

Michael R. Bloomberg 20

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WHEN MAYOR BLOOMBERG appointed me as the Commissioner / Chairof the NYC Commission on HumanRights in February 2002, my first goal was toreduce the 5,000 case backlog that wasimmobilizing the Commission.TheCommission was in legal gridlock and couldnot function effectively in law enforcementor community relations with so many unre-solved complaints dating back years.

My executive legal staff began a thor-ough review of each case pending at theagency. With the reenergized help ofour staff attorneys and investigators, wehave issued determinations for almost4,000 cases, leaving the Commissionwith a current inventory of 1,100 cases;a manageable caseload average of 40cases per attorney and investigator.Working now with a one-year turnaround time, they continue to reviewnew cases to ensure that the allegationsare jurisdictional and meritorious.

Another goal this first year was to build pro-grams in the Community Relations Bureauand integrate them with the work of the LawEnforcement Bureau. I began with retrainingfor the entire staff on the Human RightsLaw and the operations of the agency.Community Relations staff began rotatingthrough the Law Enforcement Bureau toassist with complaint investigations.We alsoinitiated several new or expanded programsfor protected populations under the law:employment rights for immigrants,accessibility for the disabled and elderly, edu-cational presentations for middle and highschool students,mortgage foreclosure coun-seling for victims of discriminatory predatory

lending practices, and community and peermediation for intergroup tensions.

The future at the Commission looks bright.We have testers operating throughout thecity to identify systemic human rights viola-tions.Attorneys will be assigned to the fiveborough-based Community Service Centersfor filing and investigating complaints andparticipating in community education.Wewill be implementing community mediationprograms to intervene before minor situa-tions escalate and a peer mediation option forthe schools.Finally, the Commission isattempting to contract with the US Housingand Urban Development to prosecute fairhousing complaints.Those cases would gen-erate income for the Commission,making usless reliant on City tax-levy dollars.

All of us at the Commission look forward toan even better year in 2003.

Patricia L. Gatling

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Introduction 1

Law Enforcement Bureau 2

Closures / Determinations 2

Settlements 4

One Year Policy 5

Equal Access Program 5

LEB Staff 5

Community Relations Bureau 6

Immigrant Employment Rights Education 6

Mortgage Foreclosure and Pre-Purchase Counseling Program 7

Equal Access Program 7

HIV Prison Project 7

Research: Discrimination Survey of Arabs, Muslims and South Asians 7

CRB Staff 8

2002 Budget 9

Other Accomplishments 10

Staff Training 10

The Commission in the News 11

Moving Forward 12

Office Addresses 13

Publications 13

Agency Organizational Chart 14

Commissioners 16

Executive Staff 17 20

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TABLE O F CO NTENTS

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THE NEW YORK CITY HUMANRights Law is one of the most compre-hensive civil rights laws in the nation.The Law prohibits discrimination inemployment, housing and publicaccommodations based on race, color,creed, age, national origin, alienage orcitizenship status, gender (includinggender identity and sexual harassment),sexual orientation, disability, or maritalstatus. In addition, the Law affords protection against discrimination inemployment based on arrest or conviction record and status as a victim of domestic violence. In housing,the Law affords additional protectionbased on lawful occupation and familystatus. The City Human Rights Lawalso prohibits retaliation and bias-related harassment.

The City Human Rights Law wasamended in April 2002 to broaden thescope of protection from gender discrimination by defining "gender" toinclude actual or perceived sex as well as a "person's gender identity, self-image,appearance, behavior or expression,whether or not that gender identity,self-image, appearance, behavior orexpression is different from that traditionally associated with the legalsex assigned to that person at birth."The Commission is currently workingwith the transgender community andreviewing how other jurisdictions handle these issues in the formulationof guidelines for prosecution.

The New York City Commission onHuman Rights is charged with theenforcement of the Human Rights Law,Title 8 of the Administrative Code ofthe City of New York. In addition, theCommission is mandated to educate thepublic and encourage positive communityrelations. To carry out its mission, theCommission is divided into two majorbureaus - Law Enforcement andCommunity Relations. The LawEnforcement Bureau is responsible for the intake, investigation, mediation andprosecution of complaints alleging violations of the Law. The CommunityRelations Bureau helps cultivate under-standing and respect among the City'smany diverse communities and offers pre-complaint intervention through itsborough-based Community ServiceCenters and the numerous educationaland outreach programs they provide.

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I NTRO D U CTI O N

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THE COMMISSION’S LAW Enforcement Bureau (LEB) enforces the City Human Rights Law. LEB is responsible for the intake, investigation,mediation and prosecution of complaintsalleging violations of the law.

At the beginning of the new adminis-tration, the Commission inherited abacklog of nearly 5,000 cases, some dating back as far as twenty years. Oneof the primary goals was to reduce thelarge inventory of cases quickly and effi-ciently while at the same time makingsure that the complainants received ajust resolution. By the end of 2002, theCommission's caseload was reduced tofewer than 1,500 cases, a number thatincludes approximately 500 new filingsthat year. This reduction was accom-plished by: thoroughly reviewing themerits of all 5,000 cases; retraining theattorneys and investigators; conductingearly intervention before the complaintis filed; and beginning complaint investigations at the intake stage.

Closures/Determinations

As the Closures graph indicates, in2002, the Commission closed over sixtimes the number of cases closed in the previous two years.

The Determination and Resolutioncharts illustrate that the percentagesand types of resolutions were consistentwith previous years. The only differencein 2002 appeared in the settlement percentages.2

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L AW EN FO RCEM ENT BU REAU L AW EN FO RCEM ENT BU REAU

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One Year Policy

Of the nearly 5,000 cases pending atthe Commission at the beginning of2002, many were over ten years old;some as old as twenty years. A cityagency mandated to protect NewYorkers from discrimination will fail if cases cannot be resolved in a timelymanner. For that reason, theCommission has adopted a strict "One Year" policy on all new incomingcases. Determinations on cases mustbe made within a year unless complexlitigation is involved.

Equal Access Program

The Commission's Equal AccessProgram provides disability access assistance and education to senior citizens and the disabled community.Many of New York's buildings, storesand other public accommodations arenot accessible to people with disabilities.The program assists the disabled by identifying resources that are available,advocating for the disabled when dealingwith landlords and/or service providers,and assisting with legal actions if earlyintervention fails. Community Relationsstaff members have received training inconducting investigations at varioussites requiring disability access and havecoordinated their efforts with the LawEnforcement Bureau. As a result of theCommission's aggressive efforts in 2002during both pre- and post-complaint filings, 75 modifications have been madefor individuals with disabilities. These

modifications are in addition to thecash settlements referred to on the previous page.

LEB Staff

The Law Enforcement Bureau consists of 19 attorneys, 19 Human RightsSpecialists, including two retired NYPDofficers, and 11 support staff members.They are responsible for investigating,mediating, prosecuting and litigating dis-crimination complaints. To coordinateboth components of the Commission -LEB and CRB - the Commission conductsregular training for all members of thestaff, including the CRB staff, on investigative techniques and the role of the Commission.

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Settlements

The Commission has the authority toobtain cash settlements against peoplewho violate the Human Rights Law.In 2002, the dollar value of those settle-ments totaled $946,152. Total moniesrealized in 2000 and 2001 settlementswere $368,798 and $314,921 respectively.

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L AW EN FO RCEM ENT BU REAU L AW EN FO RCEM ENT BU REAU

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of the year with two workshops in StatenIsland for Mexican-American immigrants.In 2003, this program will spread to all theboroughs and will be presented in English,Spanish, Chinese, and Russian.

Mortgage Foreclosure and Pre-Purchase Counseling Program

The Mortgage and Pre-PurchaseCounseling Program helps reducepredatory lending practices and the discrimination associated with them by conducting seminars and individualcounseling sessions to educate residentsabout these illegal practices. Theselending practices include excessivelyhigh fees and commissions,misrepresentation of the mortgage'sterms and conditions, high interestrates, repeated financing of loans,balloon payments and the financing ofhigh-cost credit insurance. In 2002, theprogram expanded from one memberof CRB to twelve staff members whohave been trained to educate residentsabout these predatory lending practicesand assist them in keeping their homes.During 2002, the program assisted over1,000 homeowners and potential home-owners.

Equal Access Program

In conjunction with LEB, CRB staffconducts investigations and providespre-complaint intervention when individuals experience accessibilityproblems in housing or public accommodations.

HIV Prison Project

CRB administers the HIV PrisonProject, an anti-discrimination programfor HIV-positive prisoners, formerprisoners and their families. The primary focus of the program is toensure that HIV-positive prisonersreceive the medication and other services they need. A Spanish/Englishhotline, crisis intervention, referrals andshort-term counseling are available.Funded by the Ryan White C.A.R.E.Act and now in its 13th year, the HIVPrison Project initiated a postcard campaign to educate and direct those in need of the Commission's services.In 2002, this program assisted 514 indi-viduals and conducted 93 workshops.

Research: Discrimination Survey ofArabs, Muslims, and South Asians

The Commission has teamed with theMayor's Office of Immigrant Affairs,the Arab-American Family SupportCenter, Chhaya CDC, Coney IslandAvenue Project, Council of PakistanOrganization, South Asian Council forSocial Services and South Asian YouthAction to conduct a survey of unre-ported discrimination in employment,housing, public accommodations, andbias-related harassment. The surveysalso educate the public on protectionsin the Human Rights Law. CRBreceived a $7,500 grant from New York Community Trust to document post-9/11 discrimination againstArabs, Muslims and South Asians. 2

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IN ADDITION TO enforcing the Human Rights Law, theCommission is also mandated to encourage understanding and respectamong New York City's many communities. To address this mission,the Community Relations Bureau (CRB)provides services through the borough-based Community Service Centers.

The various services of the CommunityRelations Bureau’s field operation compose its Neighborhood HumanRights Program. The NHRP works on a local level with block, tenant, religious,educational, merchant and communitygroups to improve and stabilize communities and connect them to theCommission's law enforcement functions.

To increase the community servicesoffered, the Commission's field operationhas undergone a major restructuring.This includes the consolidation ofseven borough field offices. Previously, theCommission had two offices in Brooklyn,Queens, and the Bronx, one office inManhattan and no office in Staten Island.Formerly, each of the field offices concen-trated its activities in very few neighborhoods, usually those near theirrespective office locations -- leaving wideareas of the boroughs unserviced. Onededicated team of Human RightsSpecialists now staff each office locationwith borough-wide responsibility.

Maintaining fewer offices has dramati-cally increased efficiency and hasimproved the Commission's representa-

tion in each borough. The merging ofthese offices will save the Commissionover $50,000 per year providing fundsto open an office in Staten Island.

In addition to consolidating the fieldoffices, this restructuring has included:the implementation of redesigned andnew programs; the training of staff forthe new programs; the publication ofnew informational materials translatedinto numerous languages; and orientingeach staff member toward managingspecific neighborhoods throughout theentire borough in addition to their program responsibilities.

Immigrant Employment Rights Education

The Community Relations Bureau joined with the New York ImmigrationCoalition in a new initiative to informimmigrants about their employmentrights under Federal and City laws. TheUnited States Department of Justiceawarded CCHR a $70,000 grant to fund this program. The Commission'sImmigrant Employment Rights Project isreaching diverse immigrant communitiesof New York. The informal discussions,literature and power point presentationsare aimed at educating immigrant workers, employers, employee associationsand business associations on discrimina-tion in employment based on national origin, citizenship status or alienage.Sixteen members of CRB have beentrained to conduct workshops throughoutthe City. The program began at the end 2

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CO M M U N ITY REL AT I O NS BU REAU CO M M U N ITY REL AT I O NS BU REAU

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The Commission's funding comes primarily from City tax-levy monies and the Federal CommunityDevelopment Block Grant. Contractswith the Equal Employment OpportunityCommission and the Ryan WhiteC.A.R.E. Act provide additional funding.Although the Commission received aninflux of funds at the beginning of 2002,it has been subjected to a 20% budgetreduction.

City Tax-Levy / Jan. 2002 $3,793,496

PS $2,340,000

OTPS $1,453,496

Budget Reductions - $554,357

10/02 14% (FY 03) $355,907

12/02 06% (FY 04) $198,450

Revised City Tax-Levy Budget $3,239,139

Federal Community Development Block Grant $3,952,758

PS $3,495,757

OTPS $457,001

EEOC Contract $151,500

Ryan White C.A.R.E. Act $250,450

TOTAL COMMISSION BUDGET $7,593,847

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CO M M U N ITY REL AT I O NS BU REAU 2002 BU D G ET

MORTGAGEFORECLOSURE & PRE-PURCHASE

COUNSELING

HUD-referred counseling for individuals facing the loss of their homes that includes:1) reviewing in person their financial and mortgage status;2) writing letters to creditors or banks to negotiate payment;3) exploring alternatives to foreclosure with individuals and lending institutions;4) referring cases of suspected predatory lending;5) distributing literature and participating in housing coalitions;6) community presentations on predatory lending and foreclosure prevention.

IMMIGRANT EMPLOYMENT

RIGHTS

Presentations and materials on employment protection for immigrants (City law andFederal law) in cooperation with NY Immigration Coalition for:

1) immigrant workers;2) employers;3) immigrant advocacy organizations.

EQUAL ACCESS

The Program provides:1) investigation of individual inquiries (interviews, space assessment, code

assessment, analyze possibilities of code compliance, discussion of the law);2) intervention, i.e. negotiation and education with owners (calls, letters, visits);3) group presentations to consumers, business people, social service agencies,

hospitals re: disability rights;4) drafting complaints and follow-up investigations.

HIV PRISON PROJECT

The Project provides:1) information about NYC Human Rights Law and HIV/AIDS related discrimination;2) a Spanish/English hotline;3) crisis intervention;4) referrals;5) short-term counseling.

The surveys are printed in English,Arabic, Urdu, Hindi, Bengali, andPunjabi, and have been widely distrib-uted throughout the City. A reportdetailing and analyzing the results willbe available in the spring of 2003.

CRB Staff

The Community Relations Bureauconsists of 40 Human RightsSpecialists assigned to theCommission's Community ServiceCenters, Program staff, and the HIVPrison Project. In addition, CRBhas eight support staff members.

PROGRAM SERVICES

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New York Times1/03/03 Front page

The Commission's revitalization and accomplishments have been highlighted in the major New York newspapers.

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WITH THE ASSISTANCEof DoITT, the Commission's Office ofInformation Technology computerizedthe Community Service Centers, linkingthem to the main office and brought theentire office up to date with Internet connections and e-mail. Working with the Commission's Law EnforcementBureau, a new, efficient case tracking system was designed. Upon completion,this system will enable the LawEnforcement Bureau to easily access information, track cases, and more readilyidentify patterns of discrimination.

THE COMMISSION RECEIVED A$30,000 grant to study the feasibility ofelectronic storage of records.

THE OFFICES OF INFORMATIONTechnology and Public Information along with the Graphics Unit created acomprehensive and user friendly website:www.nyc.gov/cchr.

THE COMMUNITY RELATIONSBureau's proposal to study predatory anddiscriminatory lending practices was selectedby New York University Wagner GraduateSchool of Public Service's CapstoneProgram. A team of five graduate studentsis currently working with Mortgage andPre-Purchase Counseling staff members tocollect and review data and identify systemicdiscriminatory lending practices and thegroups most affected.The findings areexpected in late spring 2003.

STAFF TRAINING

Human Rights LawGeneral Counsel

Immigration LawNY Immigration Coalition

National Origin and AlienageGeneral Counsel

DisabilityEastern Paralyzed Veterans Assoc.

Mortgage Foreclosure/Predatory LendingNational Consumer Law CenterHUDBrooklyn Legal Services

Conflict Resolution/MediationCRS, US Dept. of JusticeJohn Jay College, Dispute Resolution

ConsortiumHarlem Community Justice Center

Grant Writing/BudgetsFoundation Center

HIV DisclosureLatino Commission on AIDS

DataLink Title 1 URS Basic & CrystalHIV CARE

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OTH ER ACCO M PL I SH M ENTS / STAFF TR A I N I N G TH E CO M M ISS I O N I N TH E N EWS

New York Post2/03/03

New York Post2/10/03

Daily News1/21/03

Newsday 1/31/03

The New YorkTimes Magazine

1/12/03

GothamGazette.com4/03/02

The New York Sun9/10/02

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THE ELIMINATION OFthe backlog of cases will allow theCommission to focus on systemic violations of the Human Rights Law.To help expose discriminatory practices,the Commission hired two retired policeofficers to conduct random testing andundercover investigations throughout the five boroughs.

The Commission is implementing a community-based intake program. Insteadof requiring members of the communityto come to the Commission's offices inlower Manhattan to file a complaint, theCommunity Service Centers will bestaffed with attorneys and investigators.These staff members will be available tomeet with complainants, draft complaints,and attend community meetings.

Education in the Schools and Community

The Commission has redesigned its Schooland Community Education Program with

three new curriculums, "Human Rights Law,""Sexual Harassment" and "ResolvingProblems," for middle schools,high schoolsand community groups.

Community Mediation, Peer Mediationand Dispute Resolution

The Commission is implementing aMediation, Peer Mediation and DisputeResolution Program at its CommunityService Centers. The program will identifycommunity disputes and address themthrough mediation before they escalateinto human rights complaints or criminal behavior. The program also includes peermediation in the schools.

Training Institute

The Commission will provide training in allareas of the Human Rights Law to advocacygroups,employers,housing and public accom-modation providers,government agencies,and community and student groups.

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M OV I N G FO RWARD O FF I CE AD D RESSES/ PU BL I CAT I O NS

COMPLAINT PROCESSING

Complaint Processing includes:1) discussing areas of jurisdiction with complainant in interview;2) attempting to resolve issue;3) taking complaints of discrimination; 4) conducting investigation into complaint, assigning attorney;5) making a determination.

EDUCATIONPresent three basic curriculums, the "Human Rights Law, " "Sexual Harassment,"and "Resolving Problems":1) to school classes (grades 6-12);2) to community groups.

MEDIATION & DISPUTE

RESOLUTION

The Mediation Program will:1) respond to requests to mediate bias and other community disputes;2) set up peer mediation groups in schools (grades 6-12);3) deliver conflict resolution training to community groups as well as not-for-profit

and school personnel.

MAIN OFFICE(212) 306-7500 Fax. (212) 306-7648NY Relay Services (800) 421-1220 English

(877) 662-4886 Spanishw w w. n y c . g o v / c c h r

COMMUNITY SERVICE CENTERS

Manhattan and Staten Island 40 Rector Street, 10th FloorNew York, NY 10006 (212) 306-5070

Brooklyn 275 Livingston Street, 2nd FloorBrooklyn, NY 11217 (718) 722-3130

Bronx 1932 Arthur Avenue, Room 203ABronx, NY 10457 (718) 579-6900

Queens136-56 39th Avenue, Room 305Flushing, NY 11354 (718) 886-6162

PUBLICATIONS

Human Rights Law Handbook(English / Spanish)

Immigrant Employment Rights Info Card (English / Spanish)

Gender Identity Info CardHIV Prison Project Info Card

(English / Spanish)Disability Pocket Guide (forthcoming)Services for Prisoners and Formerly

Incarcerated Pocket Guide (forthcoming)

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AG EN CY O RGAN IZAT I O NAL CHART

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Patricia L. GatlingCommissioner/Chair

Cliff MulqueenDeputy Commissioner for Investigations

Avery MehlmanDeputy Commissioner for Law Enforcement

Lee HudsonDeputy Commissioner for Public Affairs

Randolph E. WillsGeneral Counsel

Betsy HerzogDirector of Public Information

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EXECUTI VE STAFF

THE HUMAN RIGHTS COMMISSIONERSare appointed by the Mayor to serve in a non-salaried position assisting the Commissionerand Chair, Patricia L. Gatling, in addressingissues of discrimination.

Reverend Dr. Calvin O. Butts III, Pastor ofthe Abyssinian Baptist Church, one of thefounders of the Abyssinian DevelopmentCorporation and President of the StateUniversity of New York College at Old Westbury.

Matt Foreman, Esq., Executive Director ofEmpire State Pride Agenda, a NY State organization to end discrimination based onsexual orientation.

Dr. Edison O. Jackson, President of MedgarEvers College in Brooklyn.

Rabbi Haskel Lookstein, Rabbi ofCongregation Kehilath Jeshurun and Principalof the Ramaz School.

Grace Lyu-Volckhausen, President of theTiger Baron Foundation and Senior Advisor toCity Council Member John Liu.

William Malpica, Esq., Mayer, Brown,Rowe & Maw, specializing in corporate andsecurities law.

Omar T. Mohammedi, Esq., Private practicespecializing in employment discrimination andcorporate and real estate transactions.

Derek Bryson Park, Ph.D., ManagingDirector of Cohane Rafferty/Lehman BrothersInc., and member of the Federal Home LoanBank Board.

Bryan Pu-Folkes, Esq., Director of the New York Lawyers for the Public Interest'sPrivate Bar Involvement Programs and Founder and President of New ImmigrantCommunity Empowerment.

Lisa Quiroz, Founding publisher of PEOPLE enEspañol magazine.

Jenny Rivera, Esq., Associate Professor ofLaw at the CUNY School of Law and lecturerat the New York County Lawyers AssociationContinuing Legal Education Institute.

Susan R. Scheer, Director of DisabilityServices, Columbia University.

Marta B. Varela, Esq., FormerCommissioner/Chair of the Human RightsCommission; currently Adjunct Professor atHunter College, Political Science Department.

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