07-26-10 Personnel & Finance Committee

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,,~, ,~~- i~ , ~~d. ._ .= PERSONNEL AND FINANCE COMMITTEE JULY 26, 2010 Tom LaFountain, Chairperson, Personnel and Finance Committee called the meeting to order at 4:45 p.m. Committee Members Present: Oliver Davis, David Varner, Karen White Other Council Present: Derek Dieter, Ann Puzzello, Timothy Rouse, Henry Davis, Jr., Al "Buddy" Kirsits Others Present: Aladean DeRose, Penny Hughes, Lonnie Douglas, Karen Brandecomer, Chuck Leone, Catherine Pittman, Steve Luecke, Randy Kelly, Mario Sims, Dan Herbster, Pat Mangan, Joe Sergio, Rita Kopala, Kathleen Cekanski- Farrand, Jeff Parrott Agenda: Bill No. 30-10 -Amend Code Addressing Human Rights Commission to include new provision addressing Employment Fairness Chairperson LaFountain opened the hearing by asking consideration of a substitute bill filed in the Clerk's Office. Councilmember Oliver Davis so moved. Councilmember White seconded. All agreed to accept the substitute bill. Councilmember Kirsits then began the presentation of Bill No. 30-10 indicating joint sponsorship with Councilmember's Puzzello and Oliver Davis, and himself. With the use of a power point and handout (attached) Kirsits proceeded. He said South Bend needs to be more welcoming and competitive in the 21 sc century by accepting and promoting diversity. The bill, he said narrowed its focus to merely prohibit employment discrimination based upon sexual orientation and gender identity. A remedy for such discrimination could be pursued before the Human Rights Commission. Kirsits then provided a history of the proposed amendment describing an earlier broadly focused attempt ultimately defeated by Council on July 10, 2006. He described three legal thresholds the new amendment meets. First, there must be a rational basis for the bill. Second, compelling government interest showing need for the provision must be apparent. Finally, the proposal must provide a remedy for the discrimination. Councilmember Kirsits then cited various communities in Indiana as well as the states of Iowa and Illinois where similar prohibitions had already been codified. The powerpoint then defined critical terms such as discriminatory practice, sexual orientation and gender identity. Kirsits added that if like prohibitions codified elsewhere were some how legally defective, surely they would have been challenged in court. No such record exits. In closing Kirsits addressed the inclusion as a simple matter of fairness. Representatives of the Human Rights Commission followed to give testimony to support the presentation. First was Deputy City Attorney Aladean DeRose who has served as attorney for the Human Rights