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03-26-12 Common Council Meeting Minutes
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03-26-12 Common Council Meeting Minutes
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REGULAR MEETING MARCH 26, 2012 <br /> <br /> <br /> <br />Ann Puzzello, 1247 E. LaSalle, South Bend, Indiana, stated that of all the rights that she <br />receives as a citizen of the United State of America, the most important one to her is <br />equality and equal opportunity for all. She stated that she loves South Bend very much <br />and she would like to bring the two together because they are both very important and it <br />st <br />is important for South Bend. She stated that South Bend is a 21 Century City and with <br />the passage of this bill it will allow for equal opportunity for all. <br /> <br />Robert Joseph Hohl, 2819 Dale, South Bend, Indiana, speaking in favor of this bill and <br />urged the Council to pass it unanimously. He stated that when the fundamental rights <br />that each of us possesses are limited or denied then it becomes necessary to specifically <br />name and protect them. He stated that this is not a matter of special rights. He stated that <br />we as Americans should be able to work, live and participate with the fear of losing <br />employment, housing and being persecuted for who we are or are perceived to be. He <br />stated that these are fundamental and inalienable rights. He urged to the Council that <br />now is the time to pass this amendment to the Human Rights Ordinance. It is the moment <br />to send a message to the people of our City and the region that South Bend values the <br />contribution of each of its citizens and acts to ensure a just and equitable community for <br />all. He urged the Council to pass this bill unanimously. <br /> <br />Mary Porter, 5281 Woodridge Drive, South Bend, Indiana, she stated that there has been <br />a lot of misinformation floating around. People are saying that if we pass this bill then <br />lawyers fees will be through the roof, small business will be harmed and honest people <br />will be turned into criminals. She stated that these are arguments that understandably <br />would get people concerned. She stated she would be concerned to if there were any <br />truth to them. She stated that Bill 9-12 is actual a small amendment to a piece of <br />legislation that has been protecting people in South Bend from discrimination for over <br />forty years. The Human Rights Commission the organization charged with upholding <br />South Bend’s anti-discrimination laws has a process that respects the rights of everyone <br />involved. When they do find evidence of discrimination the cases almost always end in <br />mediation not court battles. To correct some of the misinformation out there and to <br />reassure some of those who have concerns she briefly walked through the process that a <br />person goes through in filing a case of discrimination. She stated that all this information <br />is available on the Human Rights Commissions webpage and encouraged the Council to <br />look for themselves. First is a person feels that they have been discriminating against in <br />the City of South Bend they may make contact with the commission. The first thing that <br />a staff members does is makes sure that a charge of discrimination falls within the <br />jurisdiction of the commission. They make sure the alleged discrimination happened <br />within the City of South Bend, happened within 90 days so that past events are not <br />constantly being fought over. If the alleged discrimination is over employment the staff <br />person makes sure that the employer has at least six employees so that a very small <br />businesses are at all burdened by the legislation. If all of those thresholds are met, then <br />the commission can investigate. They interview all the parties involved, they may <br />interview so other witnesses and they may request to see documents. If they don’t find <br />evidence of probable cause, they dismiss the charges and the process goes no further. If <br />they do find evidence of the alleged discrimination there is a conciliation process, another <br />term for remediation. All the parties sit down and steps are recommended that would <br />address the discrimination. If both parties agree that is the end of the process. And the, if <br />and only if the parties aren’t able to agree about the steps that are to be taken then the <br />commission will call a public hearing at which testimony under oath is heard, a decision <br />rendered and a legal enforceable order is issued. This is the first time in the entire <br />process involving a legal decision has come up. Also note that this is considered an <br />administrative procedure and not and she repeated not a criminal procedure. Cases rarely <br />even get this far, but when they do the decision can still be appealed in court. The <br />Human Rights Commission does its best to respect everyone’s rights including those that <br />are accused of discrimination, it has a process that is specifically designed to keep the <br />lawyers out of it and it has been helping the City without harming business for over 40 <br />years. There is nothing to fear from adding sexual orientation and gender identity to the <br />list of things you can’t discriminate about. She held up the form that the Commission <br />uses and all that this bill would do is add two boxes to this form to check it for sex, <br />national origin, religion, sexual orientation; and gender identity. She stated that all this <br /> 13 <br /> <br />
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