Following a work session presentation in December 2013 by the City's Human Relations Commission, the City Council on January 27, 2104, directed staff to review non-discrimination ordinances adopted by other Montana cities, and to bring a draft ordinance forward for Council consideration after adoption of the Fiscal Year (FY) 2015 budget.  The Council also directed staff to revise City employment non-discrimination administrative orders.

At a May 27, 2014, work session, the Council directed staff to stop working on the non-discrimination ordinance (NDO) and, if required for public input or comment, to place that directive on the next regular Council meeting for a vote.  The Council subsequently defeated the directive at a June 9, 2014, business session.

The City Council reviewed a first draft ordinance at its June 16, 2014 work session.  Council reviewed additional drafts at work sessions on July 7 and 21, 2014.  On June 23, 2014, the City Council directed the City Attorney to seek a Montana Attorney General's opinion on whether Billings has the authority to enact an NDO.  At the July 21, 2014, work session, the Council directed staff to put the NDO draft on the agenda for a public hearing and vote.

As noted previously, the NDO prohibits discrimination in employment, housing and public accommodation against lesbians, gays, bisexuals or transgendered people.  Billings is the first jurisdiction of those adopting an NDO in Montana to use a municipal infraction process to handle discrimination complaints.  Other amendments  were made as directed by Council during work sessions.

Amendments to the City's administrative orders are dependent on the version of the NDO that is adopted, and will be made by staff following the Council's approval of the NDO.  Administrative orders do not require a Council vote.

The City Council must hold a public hearing and then may:

• Approve the ordinance on first reading, undertake a second reading on the consent agenda of August 25, 2014, and, if approved, allow the ordinance to become effective 30 days after the second reading;
• Approve the ordinance on the first reading, undertake the second reading on August 25, but delay the ordinance's effective date until the Attorney General's opinion is received on the City's authority to enact it;
• Amend the ordinance, undertake the second reading on the amended ordinance August 25, and allow the amended ordinance to become effective in 30 days;
• Place the ordinance on a future ballot (it is too late to process the ordinance for the November 4, 2014, election); 
• Postpone action to another date; or
• Not approve the ordinance.

There is no cost to enacting the ordinance, other than the Council and staff time it has taken to develop and discuss it.  If the Council decided to put the ordinance to a public vote, there would be costs for an election, which would depend on whether it was a stand-alone item, or combined with another item on the ballot. The cost of enforcing the ordinance in the future cannot be predicted.  No cases have been filed in the four other Montana cities that have enacted non-discrimination ordinances over the past four years, so there may be no cost at all. 

The Council previously has taken public comment, reviewed and given staff direction on the NDO three times.  Barring some additions or corrections at the August 11, 2014, meeting, Staff believes the NDO is ready for action by the Council.  However, staff is concerned about taking the time and money to create a process for handling complaints or to actually begin processing complaints, only to be told by the Attorney General that the City does not have the authority to enact such an ordinance.

For those reasons, the staff recommends that the Council adopt the NDO at first and second readings, but that it postpone enactment of the ordinance until an Attorney General's opinion is received.