07-26-10 Common Council Meeting Minutes

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REGULAR MEETING JULY 26, 2010 Councilmember Varner made a motion to limit the public portion to 30 minutes in favor and 30 minutes in opposition. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Chairperson Puzzello noted a reminder of Council Procedures: The Office of the City Clerk has prepared a sign-in sheet for those wishing to speak in favor or in opposition to Substitute Bill No. 30-10. She stated to complete the sign-in sheet immediately before giving remarks. As a reminder, following the Formal Presentation on the Bill, any member of the public who wishes to speak in favor of the Bill must give his or her name and address and then may speak up to five (5) minutes. In light of the number of persons here this evening, please make sure that your remarks are relevant to the proposed ordinance which focuses on human rights in the area of employment. Please offer new information and no repeat information which has already been given. She also asked that everyone be courteous. Following the close of those speaking in favor, they will note the expiration of the thirty (30) minutes. Any member of the public who wishes to speak in opposition to the Bill must give his or her name and address and then may speak for up to five (5) minutes. At the close of the 30 minutes for those speaking in opposition, the presenters of the Bill will have the opportunity for rebuttal. A maximum of five (5) minutes will be permitted. Following rebuttal, the public portion is closed and the Council Members will have the opportunity to speak. Following the Council discussion, motions for the disposition of the proposed ordinance will then take place. Al “Buddy” Kirsits, At-Large Councilmember, 722 Marquette Avenue, South Bend, Indiana, made the presentation for this bill. He stated that former Councilmember Charlotte Pfeifer and the late former Councilmember Roland Kelly sponsored an amendment to the Human Rights Ordinance a few years ago and that bill was defeated by a vote of 5-4. He noted that this bill only addresses fair employment. He questioned why st do we need a bill like this? He stated that if South Bend wants and claims to be a 21 Century City it needs a bill like this. He stated that people have left because they feel discriminated against. Councilmember Kirsits stated that this bill is not about condoning a lifestyle this bill is just about being fair in employment practices. th Aladean DeRose, Chief Assistant City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that she has been the attorney for the South Bend Human Rights Commission for the past 20 years. She stated that Governor Mitch Daniels’ Policy statement reads that the State of Indiana is committed to recruit, select, develop, and promote employees based on individual ability and job performance. Sexual orientation and gender identity shall not be a consideration in decisions concerning hiring, development, advancement and termination of civilian employees. With that spirit of promoting equality and opportunity based solely on performance and merit the South Bend Human Rights Commission adopted a resolution on June 16, 2010 by a vote of eight (8) to zero (0) with one member not present and not voting a resolution vigorously supporting Bill No. 30-10. The Commission members indicated that this will make it clear that South Bend is a welcoming place that promotes fairness in employment practices. She noted that in most cases of employment discrimination result in no probable cause findings. Those that result in probable cause findings they usually are conciliated. She stated that is the service that they provide to work with employer and employee to work toward the goal of bringing them to an agreement or reconciliation. Ms. DeRose stated that this bill will have little cost to investigate or conciliate and would be financially feasible for the City’s budget. She stated that this bill would allow the Human Rights Commission to investigate, conciliate and promote fairness in employment practices. Lonnie Douglas, Executive Director, South Bend Human Rights Commission, stated that as Executive Director of the Human Rights Commission, he takes pride in directing an organization which commits itself to insuring the rights of all South Bend citizens to equal opportunity in employment, education, housing, and public accommodations. The Human Rights Commission of South Bend reflects the moral, religious, and democratic sentiments of citizens of South Bend to completely abolish discrimination and segregation. The City of South Bend has a long history of opposing discrimination, and has enacted ordinances with the specific goal of eliminating discrimination in 3