HomeMy WebLinkAbout07-26-10 Personnel & Finance Committee,,~, ,~~- i~ ,
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._ .= 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
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.
In the interest of time in that discussion of this bill had already gone for over 1 hour and
40 minutes Chairperson LaFountain asked his committee for disposition of the bill. After
brief conversations among Councilmember's. Councilmember White motioned the bill
go the full Council without recommendation. Councilmember Varner seconded her
motion. A majority concurred.
There being no other business to come before the committee at this time, Chairperson
LaFountain adjourned the meeting at 6:25 p.m.
tom 1,arountam, c;nairperson
Personnel and Finance Committee