HomeMy WebLinkAbout03-26-12 Personnel & FinancePERSONNEL 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
with the Alliance Defense Fund. Their opposition focused primarily upon the fact that unlike race,
ethnicity and age a gay lifestyle should not be elevated to protected status, one offering "special
rights." Mr. Mangan, in particular focused on the traditional family as the basis of society seeing
these measures as chipping away at our fundamental BELIFEFS AND VALUES FOUND IN THE
Bible. He and Mr. Bowman warned of possible unintended consequences of the bill.
After 20 minutes or so Vice - Chairperson Dr. Davis Varner turned to questions and comments
from the Council. Councilmember Henry Davis, Jr., spoke first emphasizing the importance of a
value system and then asked for more particular definitions of the elements of GLBT. He was
trying in this to indicate that sexual and racial discrimination to not equate. One is apparent and
one may be difficult to see and thus avoid discriminating against. Councilmember Henry Davis
Jr., also questioned the enforceability of the bill wondering whether the short- staffed Human
Rights Commission had the capacity to investigate a new class of claims. Aladean DeRose
speaking for Lonnie Douglas the head of the Human Rights Commission said additional staff was
not needed.
Both Oliver Davis and David Varner added their own views, for former in support, the latter not
without reservations.
With 6:15 approaching Vice - Chairperson David Varner motioned the bill go to Council without
recommendation. Councilmember White seconded and all concurred.
In the interest of time Vice Chairperson Varner suggested continuing consideration of Bill No. 12-
25 until April 9, 2012. There was no dissent.
There being no further business to come before the committee at this time, Vice - Chairperson
David Varner adjourned the meeting at 6:17 p.m.
Respectfully Submitted,
David Varner, Vice - Chairperson
Personnel & Finance Committee