What's fair is fair AND WHAT IS INCLUSIVE EQUALITY are questions and answers that have yet to be addressed in one of the most conservative cities in America. Arizona's two larger cities approved and passed Anti-Discrimination Laws years ago - here there's been a lot of resistance for more than seven years.
A presentation dated February 18, 2021 has been prepared - it's listed as an item on the Tentative Agenda for next Monday, February 22nd and deserves more scrutiny in advance.Readers of this blog are actively encouraged to seek some oversight and examination of what is in the presentation for qualified, objective, and independent organizations involved in Arizona.
There are some questionable issues raised about how the proposed changes in City Code that are intended to include certain exclusions.
Here are a few attachments to open for Item *9-h on the Tentative Agenda for the Mesa City Council on Monday, February 22, 2021.
This is the designated file number for Meeting Details:
City of Mesa Page 8 Printed on 2/11/2021 City Council Meeting Agenda - Tentative February 22, 2021 21-0214 Amending Title 6 of the Mesa City Code (Police Regulations) by repealing Chapter 14, entitled “Fair Housing,” in its entirety, and adding a new Chapter 14 entitled “Non-Discrimination Code,” prohibiting discrimination in public accommodations, employment, and housing on the basis of race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran’s status, marital status, or familial status, with certain exclusions. (Citywide) *9-h
| File #: | 21-0214 |
| Type: | Ordinance | Status: | Agenda Ready |
| In control: | City Council |
| On agenda: | 2/22/2021 |
| Title: | Amending Title 6 of the Mesa City Code (Police Regulations) by repealing Chapter 14, entitled “Fair Housing,” in its entirety, and adding a new Chapter 14 entitled “Non-Discrimination Code,” prohibiting discrimination in public accommodations, employment, and housing on the basis of race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran’s status, marital status, or familial status, with certain exclusions. (Citywide) |
| Attachments: | 1. Presentation, 2. Council Report, |
_________________________________________________________________________
PRESENTATION:
Highlights of Proposed Non-Discrimination Ordinance
February 18, 2021
Andrea Alicoate, Diversity Administrator
Jacqueline Ganier, Assistant City Attorney III
To ensure that Mesa’s diverse populations have equal access to and treatment in:
Goods
Services
Employment
Housing
Who Does it Apply to:
Businesses and places of public accommodation
Employers and the workplace
City employees and facilities
City contractors and vendors
Exclusions: WHAT ARE THEY SIDE-STEPPIN??SIDE-
Federal government & state agencies & political subdivisions
Religious, public and charter schools
Religious corporations/organizations when furthering organization's purpose
Public accommodations that provide beneficial pricing or policies to senior citizens, veterans, students or individuals with disabilities
Speech & expressive activities & the free exercise of religion when protected under the First Amendment
Implementation
Administrated by City Manager and/or designeeDiversity Administrator with City Attorney’s Office
No additional funding or staffing will be required
Complaints must be within 90 days of alleged violation
Note: Other AZ cities with similar ordinances have reported low volume of complaints
Resolution Process
City Manager is always permitted to address complaints through informal means, such as notices and/or warnings
First violations Section 6-14-7(A)(1)
Required to seek resolution through mediation or alternative means before citation
Second or subsequent violations
May seek resolution through mediation or alternative meansCivil Hearing Officer to handle all proceedings and make determination upon issuance of a citation Action/Civil Penalties can include:
First Violation: fined $300 per civil offense
Second Violation: fined not less than $300 nor more than $2,500 per civil offense
Third Violation: fined not less than $600 nor more than $2,500 per civil offense
If passed, will allow 120 days until effective date to allow for public education
Community & Business Engagement
Informational webpage
Online form/questionnaire
FAQ Sheets
Partner with agencies for training and questions
QUESTIONS?
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COUNCIL REPORT:
City Council Report
Date: February 18, 2021
To: City Council
Through: Christopher J. Brady, City Manager
From: Andrea Alicoate, Diversity Administrator
Subject: Proposed Non- Discrimination Ordinance
Citywide Purpose and Recommendation
The purpose of this report is to provide an overview of the proposed nondiscrimination ordinance. Background
> In 2014, Mesa’s Human Relations Advisory Board recommended that the City adopt a non-discrimination ordinance to ensure that Mesa’s diverse populations have equal access to good and services, and equal treatment in employment and housing, within the community.
An ordinance was not adopted at that time;
> however, Mesa created the One Mesa Community Pledge in 2015 to demonstrate its commitment to respecting and supporting diversity within and throughout the city.
The pledge received over 155 business/organization and 1,312 individual signatures of support.
> The next step is to codify Mesa’s commitment to diversity and inclusion in a nondiscrimination ordinance.
Adopting a non-discrimination ordinance will demonstrate Mesa’s core values, and it will drive the economy forward by attracting and retaining businesses, employees, and visitors.
In doing so, Mesa will be following in the footsteps of 330 municipalities nationwide, which includes Tempe, Tucson, Phoenix, Flagstaff, Winslow, and Sedona.
> On January 27, 2021, Mesa’s Human Relations Advisory Board unanimously supported and recommended that the City Council adopt the proposed nondiscrimination ordinance.
> On February 2, 2021, the Economic Development Advisory Board recommended that the City move forward with the proposed ordinance.
DISCUSSION
The draft ordinance prohibits discrimination in public accommodations, employment, and housing on the basis of race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran’s status, marital status, or familial status, with certain exclusions.
For example, it does not apply to religious corporations and organizations, public schools, religious schools, or charter 2 schools, and single-sex designated areas of a place of public accommodation or single-sex sports and recreational leagues and programs.
The ordinance does not infringe upon the free exercise of speech, expression, or religion as recognized under the First Amendment.
And it does not regulate employment-based health benefits.
Importantly, the ordinance does not displace or abrogate any criminal laws.
Any individual engaging in inappropriate or criminal behavior can be trespassed from a business and reported to the police for criminal charges and prosecution.
The City’s goal is to implement the requirements of the ordinance through education and to resolve complaints whenever possible through voluntary compliance and informal means of resolution.
Our sister cities report very few complaints filed under their ordinances and that most complaints are resolved in exactly this manner.
If the Council adopts the ordinance, the effective date will be 120 days after adoption.
This will allow the City ample time to educate the public, business community and other stakeholders.
Alternatives
1. Do not adopt the proposed ordinance.
2. Request changes to the proposed draft.
Fiscal Impact
It is anticipated that no additional staff will be needed to implement the nondiscrimination ordinance.
Coordinated With
The report and draft ordinance were completed in coordination with the City Manager’s Office and City Attorney’s Office
More
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