03-26-12 Common Council Meeting Minutes

Home Browse Search

REGULAR MEETING MARCH 26, 2012 Ann Puzzello, 1247 E. LaSalle, South Bend, Indiana, stated that of all the rights that she receives as a citizen of the United State of America, the most important one to her is equality and equal opportunity for all. She stated that she loves South Bend very much and she would like to bring the two together because they are both very important and it st is important for South Bend. She stated that South Bend is a 21 Century City and with the passage of this bill it will allow for equal opportunity for all. Robert Joseph Hohl, 2819 Dale, South Bend, Indiana, speaking in favor of this bill and urged the Council to pass it unanimously. He stated that when the fundamental rights that each of us possesses are limited or denied then it becomes necessary to specifically name and protect them. He stated that this is not a matter of special rights. He stated that we as Americans should be able to work, live and participate with the fear of losing employment, housing and being persecuted for who we are or are perceived to be. He stated that these are fundamental and inalienable rights. He urged to the Council that now is the time to pass this amendment to the Human Rights Ordinance. It is the moment to send a message to the people of our City and the region that South Bend values the contribution of each of its citizens and acts to ensure a just and equitable community for all. He urged the Council to pass this bill unanimously. Mary Porter, 5281 Woodridge Drive, South Bend, Indiana, she stated that there has been a lot of misinformation floating around. People are saying that if we pass this bill then lawyers fees will be through the roof, small business will be harmed and honest people will be turned into criminals. She stated that these are arguments that understandably would get people concerned. She stated she would be concerned to if there were any truth to them. She stated that Bill 9-12 is actual a small amendment to a piece of legislation that has been protecting people in South Bend from discrimination for over forty years. The Human Rights Commission the organization charged with upholding South Bend’s anti-discrimination laws has a process that respects the rights of everyone involved. When they do find evidence of discrimination the cases almost always end in mediation not court battles. To correct some of the misinformation out there and to reassure some of those who have concerns she briefly walked through the process that a person goes through in filing a case of discrimination. She stated that all this information is available on the Human Rights Commissions webpage and encouraged the Council to look for themselves. First is a person feels that they have been discriminating against in the City of South Bend they may make contact with the commission. The first thing that a staff members does is makes sure that a charge of discrimination falls within the jurisdiction of the commission. They make sure the alleged discrimination happened within the City of South Bend, happened within 90 days so that past events are not constantly being fought over. If the alleged discrimination is over employment the staff person makes sure that the employer has at least six employees so that a very small businesses are at all burdened by the legislation. If all of those thresholds are met, then the commission can investigate. They interview all the parties involved, they may interview so other witnesses and they may request to see documents. If they don’t find evidence of probable cause, they dismiss the charges and the process goes no further. If they do find evidence of the alleged discrimination there is a conciliation process, another term for remediation. All the parties sit down and steps are recommended that would address the discrimination. If both parties agree that is the end of the process. And the, if and only if the parties aren’t able to agree about the steps that are to be taken then the commission will call a public hearing at which testimony under oath is heard, a decision rendered and a legal enforceable order is issued. This is the first time in the entire process involving a legal decision has come up. Also note that this is considered an administrative procedure and not and she repeated not a criminal procedure. Cases rarely even get this far, but when they do the decision can still be appealed in court. The Human Rights Commission does its best to respect everyone’s rights including those that are accused of discrimination, it has a process that is specifically designed to keep the lawyers out of it and it has been helping the City without harming business for over 40 years. There is nothing to fear from adding sexual orientation and gender identity to the list of things you can’t discriminate about. She held up the form that the Commission uses and all that this bill would do is add two boxes to this form to check it for sex, national origin, religion, sexual orientation; and gender identity. She stated that all this 13