07-26-10 Personnel & Finance Committee

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Commission for over 20 years. She began by recounting unanimous votes of 8 of 9 Human Rights Commission members present supporting Bill No. 30-10. Like Kirsits she cited other communities having extended similar employment protections. These laws have not been challenged in the courts and have experienced voluntary compliance citing in particular the experience of Bloomington, Indiana since 1993. Penny Hughes, Chairperson of the Human Rights Commission followed with lessons learned at a recent Human Right Commission Conference in Philadelphia. Karen Brandecomer followed reminding Councilmember's they were being asked to vote against discrimination no to endorse a lifestyle. Wrapping the presentation was Lonnie Douglas, Executive Director of the HRC. The letter he provided to the Council formed the basis of his remarks. This letter as well as other supporting documents offered by presenters is attached to these minutes. With the presentation complete Chairperson LaFountain turned to Councilmember's for questions. Councilmember Rouse went first. He maintained the presentation was misleading and untrue. He asked why, if thee were cases of sexual preference discrimination brought to the Human Rights Commission (HRC), the HRC never brought it to the Council's attention in the past. He also wondered why the HRC vote to unanimously support Bill No. 30-10 was not in HRC minutes. Further he wondered why ex-felons who he described as the most discriminated against group in the area of employment were not given like support. He asked Lonnie Douglas why there were no conversations about this ex-felon discrimination. Douglas said though he agrees this is a group discriminated against, this issue has not be brought to him by the Commission. He is only an employee of the HRC and has not been directed to take up this issue. Councilmember Derek Dieter asked who wrote the bill? Aladean DeRose said she had. Councilmember Karen White asked Kathy Cekanski-Farrand if she agreed with the legal issues in the bill. Her response was both yes and no. She said while there were commonalities there were also points of difference. Overall she felt that some language was vague and the bill needed more work. Aladean DeRose and City Attorney Chuck Leone spoke to enforcement of the bills' provisions. While compliance was expected to be voluntary there were unanswered questions as to what the HRC could and would do if there were probable cause findings. David Varner expressed concern that gender identity is not a settled science. If gender is not immutable; but is a choice then government purview is not appropriate. Tom LaFountain then turned to public comment asking speakers to be a brief and to the point as possible. First rose those speaking in favor of Bill No. 30-10. Catherine Pittman, Mayor Luecke, and Randy Kelly spoke in favor of the bill. Speaking against were Mario Sims, Dan Herbster, Pat Mangan, and Joe Sergio. Comments supporting as well as those opposing are recorded on DVD and are available in the City Clerk's Office.