03-26-12 Personnel & Finance - Laserfiche WebLink

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PERSONNEL AND FINANCE COMMITTEE MARCH 26, 2012 Committee Members Present: Karen White, Gavin Ferlic, Dr. David Varner, Henry Davis Other Council: Tim Scott, Valerie Schey, Dr. Fred Ferlic, Oliver Davis, Derek Dieter Citizen Member: Tammy McNally Others Present: Dr. Catherine Pittman, Kent Hull, Aladean DeRose, Sheila Kennedy, Brian Bowman, Pat Mangan, Kevin Allen, Kathy Cekanski- Farrand, Mike Schmuhl Agenda: Bill No. 09 -12 — GLBT Bill No. 12 -25 — Transparency for Council Appointees Due to the considerable interest in bill 09 -12 Vice - Chairperson Dr. David Varner moved the Personnel & Finance hearings to the Council Chambers. The full committee along with citizen member Tamara McNally and all other Councilmember's as well were in attendance. Vice- Chairperson Dr. David Varner assured the public both sides would have adequate and equal time, within reason, whether for or against, to state their views. To present the bill, which essentially would add sexual preference and gender identity to the list of protected classes that claims of discrimination could be prohibited, Vice - Chairperson Dr. David Varner called upon Gavin Ferlic who along with Valerie Schey, Dr. Ferlic, and Tim Scott, co- sponsored the bill. Gavin began his presentation focusing on four points. 1.) The need for the bill. 2. The bills legal legitimacy. 3.) The remedies proved and 4.) The enforceability of the measure. To illustrate the need for the bill Gavin called upon Dr. Catherine Pittman, a professor from St. Mary's College, a licensed psychologist and a gay rights activist who cited evidence of discrimination against gays, most often in areas of employment. She used statistics from Illinois, Iowa, and Indiana cities where similar prohibitions have verified cases of discrimination. To assure the authority of the Council to adopt the bill Gavin called upon attorney Kent Hull who cited under Indiana State statutes, The Council's "home rule" powers and prerogative's. City Attorney Aladean DeRose corroborated the legitimacy of "home rule" powers. Gavin then called upon IUPUI professor and former Indianapolis City Attorney Sheila Kennedy to address the bills enforceability. She said the federal courts have not challenged such bills where they exist. Mrs. Kennedy also said churches or religious based organizations whose beliefs oppose the gay lifestyle are exempt from any discriminatory prohibitions in the bill. In summary Gavin ended the nearly 22 minute presentation stating the form and substance of the bill was drawn from legislation successfully passed and not challenged elsewhere in Indiana. Vice - Chairperson Dr. David Varner turning to those opposed to the bill assured that they would have similar time to state their views. Opposition was outlined primarily by two speakers Patrick Mangan, Director of Citizens for Community Values of Indiana and Brian Bowman an attorney