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05-14-2012 Minutes1 1 fl CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 14, 2012 4:00 p.m. The City Commission convened at 3:45 p.m. in a Study Session for a Citizens Forum. The UJ Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. at the Salina a Community Theatre (303 E. Iron Avenue). A roll call was taken followed by the Pledge of 0 Allegiance and a moment of silence. There were present: Mayor Norman M. Jennings, Presiding Officer Commissioner Samantha P. Angell Commissioner Kaye J. Crawford Commissioner Aaron Householter Commissioner Barb Shirley comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk CITIZEN FORUM None. AWARDS AND PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of May 7, •2012. 12-0105 Moved by Commissioner Angell, seconded by Commissioner Shirley, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. ADMINISTRATION (8.1) First reading Ordinance No. 12-10639 amending Chapter 13 of the Salina Code pertaining to Equal Opportunity and Affirmative Action. Jason Gage, City Manager, explained the current city and state regulations, request from the North Central Kansas Equality Coalition, definitions from other municipalities, potential policy issues, and citizen referendum. Greg Bengtson, City Attorney, explained the statute regarding filing a petition and the review by the County Attorney. Mr. Gage continued to explain the proposed ordinance, City Commission options, and enforcement of the ordinance. Commissioner Angell questioned how the ordinance would effect the City's interlocal agreements with the County. Commissioner Crawford also questioned when the jail interlocal agreement would expire. Mr. Bengtson explained that Saline County is a local employer and would be applicable to the local ordinance. He also noted a Kansas Supreme Court case with the City of Topeka and the State of Kansas. A discussion followed between Mayor Jennings, Commissioner Angell, Mr. Bengtson, Paula Wright (Clark, Mize & Linville), and Mr. Gage regarding the effect the ordinance would have on private sector employers, private schools and facilities. Additional discussions followed regarding public accommodations. Page 1 N Z W 1 1 Commissioner Shirley questioned whether or not individual elected offices with Saline County could choose to follow the ordinance if Saline County as a whole did not. Sheldon Lilak, 2003 Mission Road, questioned if the ordinance would make it easier for future litigations and cause an increase in civil suits. John Miller, 1202 Prospect, expressed his concerns of the proposed ordinance and his opposition of it. Myrna Brandt, 102 S. Estates, expressed concerns of giving up freedoms to government, and not legislate freedom of choice. Employers should be given the freedom to choose who they employ. She urged the Commission to vote against the ordinance. Janet Hanson, 1558 Austin Circle, representing the local Equality Coalition, commented on the need to represent people and equal treatment for everyone. She continued to explain that people should be able to live, work, and find housing regardless of their sexual orientation and gender identity. She also noted that the Coalition would favor the original definition. Commissioner Angell questioned Ms. Hanson on whether the Coalition could provide any evidence of discrimination. She responded to Commissioner Angell that it was hard to produce evidence when there are no laws protecting this class and,would cause it to be tracked. Mayor Jennings questioned why the ordinance did not include all sexual preference types. Ms. Hanson felt that people confuse the two issues of sexual orientation and gender identity with pedophilia. Commissioner Angell commented on the state regulations on homosexuality. Philip Cosby, Abilene, KS, State Director of the American Family Association, commented that gender identity disorder remains to be listed as a mental illness by the American Psychiatric Association. He continued to state that freedom of religion is the first amendment and that no law can be made prohibiting the free exercise of it. He felt that if transgender was to be added as a protected class that churches and religious individuals would be faced with lawsuits. Commissioner Householter questioned what the American Family Association was and what was their definition of traditional family. Mr. Cosby responded. Adam Hulstine, 824 S. Santa Fe, expressed that he believed in the freedom to worship; but not to discriminate. He felt that the amendment would provide employers protection as well. Janet O'Conner, 915 E. Beloit, asked if the City Commission watched all of the public forums that were conducted by the Human Relations Commission. She continued to state that LGBT and religion are two separate issues; comparing LGBT to pedophiles was a horrible example of how they are treated. Phyllis Davis, 900 block S. Fifth Street, expressed her opposition of the ordinance and felt that she would be discriminated if passed. Robert Noland, Kansas Family Policy Center, expressed his concerns of the proposal, feeling that it was immoral because no other protected class was based on lifestyle. He continued to express that it would create uncertainties within businesses and landlords. In addition women and children would be subject to a man dressing as a woman in women's restrooms. Commissioner Householter questioned why men were not included in his comments. Mr. Noland responded. Gwendolyn Cunningham, 610 S. 3rd, explained the she emphasizes with those who have been discriminated; however she opposes the ordinance. She felt that her rights would be taken away and this is something that government should not regulate. Mayor Jennings clarified that religion is currently a protected class within the ordinance. Gabriel Geisen, 436 Camden Drive, explained that homosexuality is no longer classified as a disease or disorder and religious views are opinion based. He continued to state that it seemed that only Christians were opposing the new law. He felt that is Page 2 z W M 1 1 amendment was not radical and supported it. Sam Allen, 2428 Colonial Lane, felt that the passing of the ordinance would have an economic impact that would benefit the community and he supported, the ordinance. Drayton Willey, 715 N. 9th, explained that scientific studies had- proven that homosexuality is not a disease or choice, but biological. He then responded to earlier concerns that were, expressed regarding City agreements with Saline County, stating that the County is an employer and could not discriminate if the ordinance was passed. Melissa Williams -Meyer, 600 S. 9th Street, commented that this is not a religious, but a civil rights issue; sexuality does not affect a person's job performance. Don Olsen, 1007 E. Iron Avenue, commented that most homosexuals are not pedophiles and most are straight men. He expressed his support of the ordinance. Sherry Harp, 821 Hancock, felt that the current regulations did not need to be changed; she asked that sexual classes and bi-sexual be defined, and if there were LGBT cases filed in Salina. Gina McDonald, Director of Human Relations, responded to Ms. Harp's questions. Malik Grassity, 1434 W. Republic, commented on the suicide rate of gay teenagers and the discrimination they face. Patrik Patel, 217 S. Broadway Boulevard, felt that there should be equal opportunity for all because we are all human. Terry Baldwin, 1411 Sherwood Lane, expressed his opposition of the ordinance. He explained that during his hiring process, it is not asked what the person's sexual orientation is. He also felt that the proposed Section 13-71 would be used against employers. Carol Reed, 413 Venus, felt that this was more of a human rights issue, and questioned how this would affect the offering of church facilities of outside activities, such as AA meetings. The City Commission recessed for a five minute break. Andrew Couch, 822 E. Claflin, commented that the City Commission had a hard decision to make. He continued to explain that he was not here to pass judgment over anyone; however, organizations that do not hold same view points will need to decide on whether they will engage with the community. He noted that the Kansas legislature is considering adoption of statute that will nullify all adopted ordinances within municipalities relating to this and suggested that action wait on that outcome. Mr. Bengtson and Ms. Wright responded to Ms. Reed's question regarding use of churches as a public facilities and public accommodations. Beverly Cole, 730 Colonial Court, felt that this is a. civil rights and not a religious issue. Shelly Martin, 2328 Edwards, commended the Commission for looking at the issue and expressed her support of the ordinance, because currently they have no legal grounds to fight discrimination. Tracey Sinn, 229 S. 2nd, expressed his support of the ordinance and felt that everyone should be treated equally. Jennifer Alley, 902 Martin Avenue, felt that people have not spoke out on LGBT discrimination due to fear of retaliation. She noted that she would not frequent places and businesses that do not agree with her lifestyle and people need to change the way they think. Robert Cunningham, 132 W. Prescott Avenue, commented that people should not discriminate and the need to let their opinion be known. He expressed his appreciation towards the Commission. Zach Wilson, Youth Minister, 324 Center Street, expressed his concerns of restricting freedom of speech, especially when he is preaching the Bible at church. Drew Shamburg, 922 Cedar Street, questioned which God is representing us and religion is how you interpret it. Herman Wiesner, 916 Park, felt that this should not be legislated and that the Page 3 Z a w M m 1 government should not get involved. Lewis McMillian, 1321 E. Minneapolis, felt that business owners should be able to choose how they run their business. He felt that comparing LGBT issues to blacks and women is a red heron and these are mental issues, not equality issue. He continued to express concerns of restricting rights of others. Commissioner Householter commented on state of Nebraska's regulations in gender retraining. Bob Bowser, 129 N. College, commented that any law that is pass that is not in compliance with the Constitution is null and void; that is there is a preamble to the Bill of Rights that restricts government. The ordinance would violate churches rights; therefore, urged the Commission to exempt churches if they decide to adopt the ordinance. Commissioner Householter commented that the preamble talks about the federal government and this in not a federal issue, but a local one. Gary Swartzendruber, 528 S. College, expressed his support of the amendment and thanked that Commission for their consideration. Michael Tate, 1615 N. 5th, felt that there are a lot of misunderstandings on LGBT and the ordinance is logical and radical in nature. He expressed his support of the ordinance. Joan Jerkovich, 539 Upper Mill Heights Drive, felt that the ordinance would make the city more friendly and bring more people into the community. Kay Tarr, 2307 Woodland Lane, commented that this is an ethical issue of fairness and allows for recourse against discrimination. She continued to state that there is no evidence that the ordinance would cost businesses more. Commissioner Crawford thanked everyone that came to voice their opinion. She continued to state that times are changing and noted past civil right movements. She felt that the proposed ordinance did, not intrude onto people rights. Pastor Salmon and her husband influenced her decision to support the ordinance. Commissioner Householter thanked everyone that came out and for their comments. Commissioner Angell thanked everyone that expressed their feelings. She spoke on Title 7 being passed on open and institutionalized discrimination. She did not feel that there is a problem in Salina and suspects that this issue will end up on a ballot at some point. Commissioner Shirley thanked everyone that came out. Currently gays, lesbians, and transgenders have little protection on discrimination and everybody has the right to equal liberty and protection. Mayor Jennings summarized the proposed ordinance. He continued to state that discrimination takes in all forms and is the initial tearing down of individuals; unfortunately, the proposed ordinance would not solve the problem. In addition, the proposed ordinance does not make it legal to perform any act that is illegal in the state of Kansas. The City Commission and staff discussed the following option regarding the definition of gender identity: Option A: having or expressing a self image or identity not traditionally associated with one's gender. This term shall not prohibit an employer from requiring an employee during the employee's hours at work to adhere to reasonable dress or grooming standards not prohibited by other provisions of federal, state, or local law. Option B: the sense of one's gender -related identity, appearance, behavior, and other characteristics of an individual, as perceived by the individual or another and without regard to the individual's actual or assigned sex at birth. This term shall not prohibit an employer from requiring an employee during the employee's hours at work to adhere to reasonable dress or grooming standards not prohibited by other provisions of federal, state or local law. Option C: the persistent sense of one's gender -related identity, appearance, behavior, and other characteristics of an individual, as perceived by the individual or another Page 4 0 12 12-0106 a N U 12-0107 1 1 and without regard to the individual's actual or assigned sex at birth. This term shall not prohibit an employer from requiring an employee during the employee's hours at work to adhere to reasonable dress or grooming standards not prohibited by other provisions of federal, state or local law. Moved by Commissioner Shirley, seconded by Commissioner Householter, to pass Ordinance No. 12-10639 on first reading with Option B. Aye: (3). Nay: (2) Angell, Jennings. Motion carried. A discussion followed between the City Commission and staff regarding timeframe of implementation and the possibility of a referendum vote. The consensus of the Commission was for staff to bring back a timeframe of implementation at the second reading of the ordinance. OTHER BUSINESS None. ADJOURNMENT Moved by Commissioner Angell, seconded by Commissioner Householter, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 8:12 p.m. [SEAL] Norman J ings, Mayor ATTEST: �1�C6 8adi Wicks, CMC, Deputy City Clerk Page 5