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February 26, 2013 the Phoenix City Council Convened in Policy Session

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February 26, 2013 the Phoenix City Council Convened in Policy Session - 315- 167518 February 26, 2013 The Phoenix City Council convened in policy session on Tuesday, February 26, 2013, at 2:30 p.m. in the Orpheum Theatre, 203 West Adams Street, Phoenix, Arizona. ROLL CALL Present: Council Members Sal DiCiccio, Michael Johnson, *Michael Nowakowski, Tom Simplot, Daniel Valenzuela, Jim Waring, Thelda Williams, Vice Mayor Bill Gates, and Mayor Greg Stanton Absent: None Also Present: City Manager David Cavazos, City Attorney Gary Verburg, and City Clerk Cris Meyer, Deputy City Manager Lisa Takata, Equal Opportunity Department Director Lionel Lyons, and Assistant City Attorney IV Heidi Gilbert *Mr. Nowakowski participated in the voting body via telephone. He left the voting body during Council member discussion of Item 2. MINUTES OF MEETINGS The minutes of this meeting were submitted to Mr. Johnson for review. MOTION was made by Mr. Gates, SECONDED by Mrs. Williams, that the Consent Agenda Items be approved. MOTION CARRIED UNANIMOUSLY. Mayor Stanton acknowledged Mr. Nowakowski who was participating in the voting body via telephone. An affidavit was presented to the Council by the City Clerk stating that 24 hours prior to the Council meeting, copy of the title of Ordinance G-5780 was available in the office of the City Clerk and therefore, the ordinance could be read by title or agenda item only, pursuant to the 1969 Code as amended. ITEM 2 ORDINANCE G-5780- HUMAN RELATIONS ORDINANCE The Council heard request to amend Chapter 18, Sections 18-1 to 18-20, of the Phoenix City Code to add "sexual orientation," "gender identity or expression," and "disability" as three additional categories protected from discrimination. - 316- February 26, 2013 Mayor Stanton welcomed everyone to the February 26, 2013 Policy Session of the Phoenix City Council. The meeting was being held in the Orpheum Theatre due to the expectation of a large crowd to ensure everyone would be comfortable. He understood there were still people trying to go through the security and explained everyone would have a fair opportunity to testify. He thought the majority of those present were interested in hearing the item relative to the Human Relations Ordinance. Mayor Stanton advised there were a significant number of people in attendance to give testimony on the proposed Human Relations Ordinance. He would allow staff 20 minutes for their presentation followed by a motion. Questions and discussion would not be entertained during staff's presentation, and comments from the public would be limited to one minute in order to finish at a reasonable time. He noted the Council would then be given ten minutes for their statements and questions. Deputy City Manager Lisa Takata introduced Equal Opportunity Director Lionel Lyons and said he would explain the details of the proposed ordinance changes. Assistant City Attorney IV Heidi Gilbert was present to answer technical questions; as was Jennifer Langdon, Chair of the Mayor's Commission on Disability Issues; and Mario Bayne, Chair of the Human Relations Commission. Their commissions had been engaged in public outreach, reviewed the proposed changes, and provided feedback. Mr. DiCiccio questioned whether there were people waiting to get into the theatre who were interested in this item. Mayor Stanton explained those who were still waiting to get into the Orpheum Theatre would have an opportunity to comment on this proposal; however, the meeting time was 2:30 p.m. and he noted the meeting would continue. Mr. DiCiccio thought the reason some people were late was due to the City's procedures and those still waiting should also have the opportunity to hear staff's testimony. Mayor Stanton appreciated Mr. DiCiccio's concerns; however, he assured that everyone waiting would have an opportunity to comment on the proposed ordinance, and he would not count time against for any questions they might have. - 317- February 26, 2013 Mr. DiCiccio felt the presentation was important. In response to Mr. DiCiccio, Mayor Stanton reiterated his appreciation for Mr. DiCiccio's comments. Mr. Waring echoed Mr. DiCiccio's concerns and noted there had been a long line to get into the Orpheum when he arrived. He understood those who were still waiting to come in would be allowed to make comments; however, he felt the Council should wait another ten minutes to hear the item. Mr. DiCiccio blamed the City for rushing both the citizens and the item. Mayor Stanton appreciated comments of Council members and reiterated he would give every member of the public an opportunity to make comments on this item and would not count the time used for questions. Equal Opportunity Director Lionel Lyons presented the changes to the Human Relations Ordinance. The Human Relations Ordinance declared the civil rights of the people of the City of Phoenix, Arizona to be free from discrimination in public accommodation and employment, and that it would be contrary to the policy of the City and unlawful to discriminate against any person. All employers with 15 or more employees were covered by the American's with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Arizona Civil Rights Act. It was unlawful to discriminate on the basis of race, color, national origin, religion, sex, age, or disability for those employers. Sexual orientation had been a protected category for city employees since 1991; and since 1992; it was unlawful to discriminate on the basis of sexual orientation for employers who had 35 or more employees. This ordinance would add gender identity and expression. The categories being expanded were: sexual orientation, disability, and protection for gender identity and expression. This would affect four areas: employment, public accommodation, fair housing, and contracting. Mr. Lyons advised staff had looked at existing ordinances in the four areas. Employment would be expanded as it related to public accommodation and gender identity or expression would be added to both employment and public accommodation. Fair housing and contracts concerned family status, the handicapped, pregnancy, and the domicile of a minor. The proposal also added sexual orientation and gender identity and/or expression to contracts and fair housing. Religious organizations would keep exemptions related to employment, public accommodations, and fair housing. Exemptions for small private landlords, senior housing, public clubs, and other occupational groups would also be maintained. In addition, the City had maintained religious exemptions since - 318- February 26, 2013 1992; and Mr. Lyons thought this was an opportunity to add or modify definitions and technical corrections. There had been a lot of innuendo and discussion concerning the changes to the Human Rights Ordinance which had been labeled "The Bathroom Bill"; and Mr. Lyons thought it important to clarify the City was not in the business of legislating restrooms except as it related to disability accommodations. Concerns had been expressed with regard to possible illegal activity taking place in the restroom; however, as the Equal Opportunity Director, he had never received a complaint concerning restrooms. He believed this was about equal access and equal opportunity and pointed out the ordinance was not changing structurally and the majority of the protections were already in place. The clarifications included language regarding complaints. In the past, a complaint would be filed with the Equal Opportunity Department; however, after business hours, the ordinance allowed for a complaint to be filed with the Police Department. He thought the language regarding the filing of complaints should be amended to only allow the filing of complaints with the Equal Opportunity Department. The way the Equal Opportunity Department investigated and regulated complaints would not change. Approximately 1 ,200 calls of concern had been received since January of 2012, which resulted in six ordinance complaints, four of which were closed with no evidence of discrimination and two which were found to be justified. The Equal Opportunity Department was a solution-based not a litigation-based organization, and they tried to utilize conciliation to bring the parties together and resolve any issues and concerns. Sexual orientation had been a protected category for City of Phoenix employees since 1991 and in 1992 it became unlawful to discriminate on the basis of sexual orientation for employers who had 35-plus employees. Mr. Lyons reiterated the ordinance before the Council would add gender identity and expression. The Human Relations Commission and the Mayor's Commission on Disability Issues held a joint public hearing and offered their support of the ordinance changes. A nationwide survey had been conducted and Mr. Lyons noted it was found that 166 cities currently provided protections for sexual orientation and gender identity. Ms. Jennifer Langdon, Chair of the Mayor's Commission on Disability Issues, spoke in support. She advised this item went before the Mayor's Commission on Disability Issues and the vote was unanimous to recommend approval. She took issue with the nickname given to the ordinance of "Bathroom Bill" or "Bathroom Issue." She had experienced bathroom issues as a child due to discrimination as a young adult, and later as a woman with a disability. She found it difficult to get in and out of public restrooms in order to safely use the - 319- February 26, 2013 accommodations due to her disability and thought this was about human dignity and fairness. She asked everyone to have compassion and respect human dignity. In response to the audience applause, Mayor Stanton admonished the audience to maintain the decorum due to the importance of this decision. He thanked Ms. Longden for her service to the City of Phoenix. Mr. Mario Bayne represented the Human Relations Commission and spoke in favor. He noted the Human Relations Commission had also voted unanimously to approve the ordinance. He expressed his appreciation for having been a part of this and he also expressed his support.
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