14.C.
City Council Meeting - FINAL
- Meeting Date:
- 02/19/2013
- From:
- Josh Copley, Deputy City Manager
Information
TITLE:
Consideration of Ordinance No. 2013-08: An Ordinance of the City Council of the City of Flagstaff, Arizona, amending Flagstaff City Code Title 14, Human Relations, by adding Chapter 2, Civil Rights.
RECOMMENDED ACTION:
1) Consider and discuss draft Civil Rights Ordinance and provide additional direction to staff.
2) Read Ordinance No. 2013-08 by title only for the first time on February 19, 2013.
3) City Clerk reads Ordinance No. 2013-08 by title only for the first time (if approved above).
2) Read Ordinance No. 2013-08 by title only for the first time on February 19, 2013.
3) City Clerk reads Ordinance No. 2013-08 by title only for the first time (if approved above).
Policy Decision or Reason for Action:
Enactment of Ordinance No. 2013-08 establishes a Civil Rights Ordinance, which will provide protections to people based upon their sexual orientation, gender identity or expression, or Veterans Status in both employment and public accomodation.
Financial Impact:
The expenses associated with administration of a Civil Rights Ordinance are not currently budgeted. In consideration of experiences reported by municipalities who have enacted similar Civil Rights Ordinances, staff anticipates minimal financial impact on the City's General Fund. If Council approves the Civil Rights Ordinance, staff will make the necessary arrangements to facilitate its administration, including a Request for Proposals (RFP) for the services of an outside Conciliator. Staff believes that, other than the expense of an outside Conciliator; the administrative functions of complaint receipt and processing, as well as investigation services, can be performed in-house with existing resources.
Connection to Council Goal:
Effective governance
Has There Been Previous Council Decision on This:
During the Work Session of January 29, 2013, Council reviewed the draft Civil Rights Ordinance and gave staff additional direction on the following elements contained within the proposed language of the Ordinance:
1.) Concerns were raised about the inclusion of all federally protected classes even though the City would only be enforcing those additional classes as proposed in the draft Civil Rights Ordinance (e.g. Sexual Orientation, Gender Identity and Expression, and Veterans Status.) The consensus of Council was to leave all federal protected classes in the Ordinance as an affirmation of the City's commitment to Civil Rights for all recognized protected classes.
2.) By consensus, Council indicated its preference that the Civil Rights Ordinance contain language to not supersede an employer's ability to establish or enforce a dress code for its employees.
3.) Questions were raised by Council as to whether or not the draft Civil Rights Ordinance would interfere with any existing rights or privileges currently afforded to citizens by federal or state law. Staff has added language to the draft Civil Rights Ordinance stating that it does not supersede Federal or Arizona law.
4.) Council expressed its desire to review a comparison chart of allowable penalties in like ordinances of other cities as well as penalties associated with civil violations from other city ordinances. The attached chart depicts the penalties for civil infractions from various city ordinances and selected state laws.
During the regular Council Meeting of February 5, 2013, Council requested that the Civil Rights Ordinance be brought back as a possible action item for the February 19, 2013 meeting as opposed to being limited to just a discussion item.
1.) Concerns were raised about the inclusion of all federally protected classes even though the City would only be enforcing those additional classes as proposed in the draft Civil Rights Ordinance (e.g. Sexual Orientation, Gender Identity and Expression, and Veterans Status.) The consensus of Council was to leave all federal protected classes in the Ordinance as an affirmation of the City's commitment to Civil Rights for all recognized protected classes.
2.) By consensus, Council indicated its preference that the Civil Rights Ordinance contain language to not supersede an employer's ability to establish or enforce a dress code for its employees.
3.) Questions were raised by Council as to whether or not the draft Civil Rights Ordinance would interfere with any existing rights or privileges currently afforded to citizens by federal or state law. Staff has added language to the draft Civil Rights Ordinance stating that it does not supersede Federal or Arizona law.
4.) Council expressed its desire to review a comparison chart of allowable penalties in like ordinances of other cities as well as penalties associated with civil violations from other city ordinances. The attached chart depicts the penalties for civil infractions from various city ordinances and selected state laws.
During the regular Council Meeting of February 5, 2013, Council requested that the Civil Rights Ordinance be brought back as a possible action item for the February 19, 2013 meeting as opposed to being limited to just a discussion item.
Options and Alternatives:
1). Consider and discuss draft Civil Rights Ordinance and provide additional direction to staff.
2). Read Ordinance No. 2013-08 by title only for the first time on February 19, 2013.
2). Read Ordinance No. 2013-08 by title only for the first time on February 19, 2013.
Community Involvement:
Inform
Consult
Consult