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Ad Hoc Committee on Diversity

Regular Meeting

Lansing, MI · September 28, 2018

AgendaMinutes

Minutes

MINUTES AD HOC COMMITTEE ON DIVERSITY AND INCLUSION Friday, September 28, 2018 @ 11:30 a.m. Council Conference Room, 10th Floor, City Hall Call to Order The meeting was called to order at 11:34 a.m. Committee Members Council Member Carol Wood, Chair Council Member Brian T. Jackson, Vice Chair – arrived at 11:37 a.m. Council Member Patricia Spitzley – arrived at 11:40 a.m. Others Present LaSondra Crenshaw, Council Staff Joe Abood - Attorney’s Office Elaine Womboldt—Rejuvenating South Lansing Stacey Locke - Peckham Tammy Lemmer - TCOA Jim Bale Dax Carpenter Guillermo Lopez – LLEAD/BOE Mark Brown – NAACP/ACLU Julee Rodocker – CMS/Police Commission MINUTES **Minutes will be approved at the next meeting** Discussion Adding language to the Purchasing Ordinance Council Member Wood reminded the group as to why a discussion was made to update the Purchasing Ordinance. She advised we were asked if we had criteria that spoke on sexual identity and gender. There was some language but not enough. So changes were made to Line 16 and 17. Mr. Abood advised he changed the word “identify” to “identity” in line 5 as he believed it was a typo. Council Member Wood advised we would place the topic on the Council on October 8th and a public hearing will be set for October 22nd, then back to the Ad Hoc Committee, hopefully vote on by the full Council on November 12th. MOTION BY COUNCIL MEMBER JACKSON TO INTRODUCE AND SET THE PUBLIC HEARING FOR PURCHASING ORDIANCE CHAPTER 206 FOR OCTOBER 22ND. Motion passes Discussion Human Rights Ordinance Council Member Wood updated the Committee regarding adding in language to the Human Rights Ordinance so that Law could designate a hearing officer. Mr. Abood stated that the City Attorney’s Office is the Enforcement division of the ordinance, and the current ordinance has the attorney’s office doing everything from hearing the complaint, ruling on the complaint and hearing the appeal of a complaint. Council Member Wood added that we had two options, do nothing or make it right. We decided to make sure what we have on the books is right. We also need to continue to push for education to make sure people are aware we have a Human Rights Ordinance. Council Member Spitzley asked what the cost is of having City Attorney doing the investigation and review versus HRCS doing it. Council Member Wood advised that it was once suggested that the police investigator could do it but the Committee was told HRCS did not have the staffing to do so. Mr. Abood stated his office would be willing to work with the police investigator to make sure they are asking the correct questions. Council Member Wood let the group know at our next meeting October 12th we will have the City Attorney have the recommendations on the initial changes we discussed. And if possible have two different drafts. She then advised she will set up a meeting with Mr. Smiertka and Mayor Schor before October 12th regarding the Human Rights Ordinance. Our goal will be to place on the agenda October 22nd, set the public hearing November 12th, and final passage November 26th. She also added that on October 22nd the Deaf, Deaf/Blind and Hard of Hearing requested to do their presentation during the Committee Of the Whole meeting. They will be speaking on the State wide survey regarding the needs of Deaf, Deaf/Blind and Hard of Hearing communities throughout Michigan and why participation by those in the communities is vital. They will also have an interpreter with them. OTHER Updates on Participants in the Committee NAACP Annual Dinner Sept 30th, Crowne Plaza Hotel Creyts Rd. 4-? LLEAD State conference Oct 12th at Lansing Center – 8:00 – 4:00 P.M. $30 Per person Tri-County Dinner/Auction Thurs Nov 8, 2018 at 6:00 p.m. Tickets $60 per person TCOA Advisory Council age 60 and over have 2 vacancies they meet the 2nd Thursday of every month at 1:00 p.m. Every Wednesday 5:30 – 6:30/7:00 Jail Tours - Ingham County sheriff office Friday and Saturdays 8:00 p.m. – 12:00 a.m. Midnight Basketball - Hill Center Support our Sister City – Donations of water to Flint Adjourn Adjourn at 12:45 p.m. Submitted by, LaSondra Crenshaw, Administrative Assistant Approved October 19, 2018

Agenda

AGENDA AD HOC COMMITTEE ON DIVERSITY AND INCLUSION Friday September 28, 2018 @ 11:30 a.m. Council Conference Room, 10th Floor, City Hall Councilmember Carol Wood, Chair Councilmember Brian Jackson, Vice Chair Councilmember Patricia Spitzley 1. Call to Order 2. Roll Call 3. Public Comment 4. Approval of Minutes September 14, 2018 5. Discussion A.) Adding language to the Purchasing Ordinance B.) Human Rights Ordinance 6. Other • Updates on Participants in the Committee 7. Adjourn DRAFT MINUTES AD HOC COMMITTEE ON DIVERSITY AND INCLUSION Friday, September 14, 2018 @ 11:30 a.m. Council Conference Room, 10th Floor, City Hall Call to Order The meeting was called to order at 11:34 a.m. Committee Members Council Member Carol Wood, Chair Council Member Brian T. Jackson, Vice Chair - excused Council Member Patricia Spitzley Others Present LaSondra Crenshaw, Council Staff Joe Abood - Attorney’s Office Elaine Womboldt—Rejuvenating South Lansing Stacey Locke - Peckham Tammy Lemmer - TCOA Jim Bale MINUTES MOTION BY COUNCIL MEMBER SPITZLEY TO APPROVE THE MINUTES FROM JULY 13, 2018 AS PRESENTED. MOTION CARRIED 2-0 MINUTES FROM AUGUST 10, 2018 PLACED ON FILE. MOTION CARRIED 2-0 Discussion Adding language to the Purchasing Ordinance Council Member Wood advised the group that in dealing with MEI score we looked at ways to increase our numbers. One of the areas we could deal with was ordinance in purchasing which dealt with gender identity or sexual orientation. We had law take a look at it and we would like to make a four word change to the ordinance. Ms. Locke asked if on line 16 we could change the word “handicap” to “disability”. The group agreed this would be a good change. Mr. Abood stated is does not understand what political orientation means in line 16, he will check with Lisa Hagen and have her get back to Council Member Wood. Possible change could be political “affiliation” instead of “orientation”. A draft will be made available for the next meeting Discussion Budget Priorities **Due to time this topic will be discussed at a later date** A special meeting may be called if enough members can be present. Discussion Human Rights Ordinance Council Member Wood informed the Committee that during a meeting she asked the Police Chief if training was done on the Human Rights Ordinance, and this brought about a discussion with the City Attorney on our ordinance. She asked Mr. Abood to explain the office concerns. Mr. Abood advised that he pulled up Human Rights Ordinance and under section 297.10 it has City Attorney investigating, prosecuting, hearing officer, and reviewing the appeal, which removes the presumption of innocence. He stated this is not the way an ordinance should be drafted or applied. This is a significant issue but doesn’t require significant changes. The ordinance will be ready for the Committee’s review at the next meeting. He then stated our ordinance calls for 180 days for complaint to be filed. Civil Rights, and EEOC will not look at a complaint if it is over 180 days old. I recommend anyone with a complaint to go to the Department of Civil Rights and file a complaint with them as well. He advised the Committee they may want to think about changing the 180 day timeframe as well. Council Member Spitzley asked is this a job for our Ad Hoc on Diversity and Inclusion or the new Commission. Council Member Wood stated ordinance are the responsibility of Council. Council Member Wood stated that giving the City Attorney’s office the ability to put a hearing officer in place, we need to make sure Human Rights brochures are available. Ms. Wombaldt asked will this be a separate division. Mr. Abood stated the Prosecutor should never be the Judge, and if you appeal a Judge it shouldn’t go to the same Judge for the appeal. Ms. Locke stated that if people with disabilities go to the Civil Rights Department and don’t get a good outcome. They may not feel comfortable than going to the City. Mr. Abood explained to Ms. Locke why that shouldn’t be an issue. OTHER Updates on Participants in the Committee RSL – Tuesday Sept 25, 2018 at 6:30 p.m. Meet the Advocacy Sept 26, 2018 at 2:30 p.m. LEAD State conference Oct 12th at Lansing Center TCOA Advisory Council age 60 and over have 2 vacancies they meet the 2nd Thursday of every month at 1:00 p.m. Every Wednesday 5:30 – 6:30/7:00 Jail Tours - Ingham County sheriff office Sparrow Volunteers- if over 55 go through VIP office Friday and Saturdays 8:00 p.m. – 12:00 a.m. Midnight Basketball - Hill Center Adjourn Adjourn at 12:42 p.m. Submitted by, LaSondra Crenshaw, Administrative Assistant Approved ____________________________ DRAFT #2 September 25, 2018 1 ORDINANCE NO: ______ 2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND THE 3 PURCHASING, CONTRACTS, AND SALES ORDINANCE, CHAPTER 206 OF THE 4 LANSING CODIFIED ORDINANCES, BY ADDING SEXUAL ORIENTATION AND 5 GENDER IDENTIFY IDENTITY TO NONDISCRIMINATION PROVISION, SECTION 6 206.20(b). 7 THE CITY OF LANSING ORDAINS: 8 Section 1. That Chapter 206, Section 20(b), of the Codified Ordinances of the City of 9 Lansing, Michigan, be and is hereby amended to read as follows: 10 206.20(b) – Nondiscrimination clause in City Contracts 11 All contracting agencies of the City, or any department thereof, shall include in all 12 contracts hereafter negotiated or renegotiated by them, for and on behalf of the City, a provision 13 obligating the contractor or employer not to discriminate against any qualified employee or 14 qualified applicant for employment with respect to hire, terms, conditions or privileges of 15 employment, or a matter directly or indirectly related to employment because of age, race, color, 16 religion, national origin, sex, GENDER IDENTIY IDENTITY, SEXUAL ORIENTATION, 17 height, weight, handicap DISABILITY, marital status or political orientation AFFILIATION, 18 and shall require such contractor or employer to include a similar provision in all subcontracts. 19 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules 20 inconsistent with the provisions hereof are hereby repealed. 1 DRAFT #2 September 25, 2018 1 Section 3. Should any section, clause or phrase of this ordinance be declared to be 2 invalid, the same shall not affect the validity of the ordinance as a whole, or any part 3 thereof other than the part so declared to be invalid. 4 Section 4. This ordinance shall take effect on the 30th day after enactment unless given 5 immediate effect by City Council. 6 7 Approved as to form: 8 9 __________________________________________ 10 City Attorney 11 12 Dated: ________________________________ 2 Material Not Available at the time the packet was published. Please continue to check back for updates on this document