City Council

CITY OF POCATELLO, IDAHO CITY COUNCIL STUDY SESSION MAY 9, 2013 AGENDA ITEM NO. 1: Mayor Brian Blad called the City Council ROLL CALL Study Session to order at 9:02 a.m. Council members present were Roger Bray, Craig Cooper, Jim Johnston, Gary Moore, and Eva Johnson Nye. Council member Steve Brown was excused. AGENDA ITEM NO. 2: Susie Matsuura, Chair person, and Mike HUMAN RELATIONS Duersch, Staff Liaison, representatives ADVISORY COMMITTEE from the Human Relations Advisory Committee were present to discuss the Committee’s goals and projects, as well as Council’s policies and expectations. Ms. Matsuura reviewed the mission statement for the Committee which states the following: The Human Relations Advisory Committee advocates for human and civil rights for all residents; facilitates the prevention and elimination of discrimination; and promotes harmony by fostering peaceful relationships to ensure all people are regarded and treated with respect. In preparing the Committee’s report Ms. Matsuura spoke to council members from other cities in Idaho and gave a brief history of the Committee’s work over the past year. She outlined events leading to the creation of a nondiscrimination ordinance that was presented to the City Council and is still being considered through the ordinance adoption process. Ms. Matsuura presented the Committee’s future goals and encouraged the Council to adopt an ordinance for Pocatello that protects all citizens from discrimination in housing, employment and public accommodations because all citizens have a gender identity and a sexual orientation. AGENDA ITEM NO. 3: Mayor Steve England, City of Chubbuck, MAYORS’ YOUTH and Sean McCoy, Advisory Counselor, from ADVISORY COUNCIL the Mayors’ Youth Advisory Council (MYAC) were present to discuss the Youth Council’s goals and projects, as well as the City Council’s policies and expectations. Mayor England stated their MYAC is the only combined cities with a youth council in the State of Idaho. He reviewed the activities the MYAC has done such as taking a stand regarding a cursive handwriting issue the School District was considering to eliminate. MYAC students supported the continued use of cursive in school. Mayor England noted MYAC students are from both cities and represent four area high schools. As a result, students are able to see how a large city and small city operate. CITY COUNCIL STUDY SESSION 2 MAY 9, 2013 It was mentioned that it is important to have students from all four high schools represented on the Council. MYAC also attends different events in the community such as Idaho State University activities and other worthwhile events. AGENDA ITEM NO. 4: Keeven Shropshire, JHS Architects; Dave NEW TRANSIT Hunt, Transit Director; and Merril FACILITY PROJECT Quayle, Development Engineer; were UPDATE present to update the Council on plans for the new Pocatello Regional Transit (PRT) facility prior to the request for proposals (RFP) and selection of a general contractor for the project. Mr. Hunt gave a brief history of the PRT project that started many years ago. He explained the main concern that drives the project is the need to protect the buses and equipment from the weather. Mr. Hunt noted the current facility is deteriorating and staff is not able to complete major functions for transit equipment. He explained the new facility will allow both maintenance and bus parking areas to be in the same location. Mr. Shropshire stated he is very pleased to assist with the transit facility project and reviewed the project. He used a diagram to describe the area individuals see as they drive down South 5th Avenue. Mr. Shropshire feels there are not attractive facilities in that area and the new facility will show what the City of Pocatello has to offer to the community. The design uses PRT’s color schemes at the entrance to help identify the facility with PRT buses traveling in the community. Mr. Quayle noted the RFP is going out to advertisement on May 11, 2013 and the bid opening is scheduled for May 30, 2013. Mr. Moore shared his excitement about the project. He feels the connector project will help set the standard on what will become of that area. Mr. Moore noted the PRT is an attractive facility and it represents who the City of Pocatello is. As a result, the whole area near the facility will transition and people will be amazed to see the positive development there. In response to questions from Council, Mr. Hunt explained staff has looked at the prospect to fuel buses at the facility. AGENDA ITEM NO. 5: Kirk Bybee, City Risk Manager and Chief NON-DISCRIMINATION Civil Attorney; and Tiffany Olsen, ORDINANCE UPDATE Prosecution/Risk Assistant; presented the provisions of a proposed non- discrimination ordinance, to enact a new section to the Pocatello Municipal Code, Title 9 Chapter 36, to prohibit discriminatory acts in housing, employment and public CITY COUNCIL STUDY SESSION 3 MAY 9, 2013 accommodations upon sexual orientation and gender identity/expression. A previous non-discrimination ordinance failed approval at the April 18, 2013 Regular Council meeting and Mr. Bybee was instructed to draft a new version of the ordinance. Mr. Bybee distributed copies of the most current draft of the ordinance to the Mayor and Council and reviewed proposed changes. He noted the ordinance remains the same as the original proposal as it describes discrimination and class of people to be protected. Mr. Bybee explained the words “willfully committed” were added to Section 9.36.030: Prohibited Discriminatory Acts. He clarified the conduct of the individual will still infer their intent. An individual stating that they did not intend to discriminate will not invalidate the action. It was noted that people will retain their first amendment rights. Section 9.36.040: Exceptions (A): added a reference to the Idaho Free Exercise of Religion Act; (B) added No. 3 Notwithstanding any other provision contained in this Ordinance, the gender identity contained on any person’s State issued driver’s license or identification card shall determine the bathroom, locker room or like facilities that are to be used by such person. In response to questions from Council, Mr. Bybee reviewed how an incident may be handled if an issue arose from the use of public restroom facilities. Mr. Bray shared his concerns that there may be a safety issue when a person is asked to show their identification card. He does not feel comfortable having strangers ask to see a person’s information. Mayor Blad also shared his concerns and feels individuals should be allowed to show their identification card to avoid problems and give them added protection. In response to questions from Council, Mr. Bybee stated that no one has the right to ask to see an identification card without cause. He clarified this is just a statement regarding a person’s identification and if someone has been accused of using the wrong restroom facility, they are able to show proof they have a right to utilize the facility. Mr. Bray asked that his following statement be recorded in the minutes: “It asks too much to ask about an individual’s personal life and I fear people in their juvenile attitudes will open up this section of the ordinance and make it too broad.” CITY COUNCIL STUDY SESSION 4 MAY 9, 2013 Ms. Nye also feels this would single people out and draw unwanted attention to them. She noted the reason for the ordinance is not to make individuals feel different. Mayor Blad asked that his following statement be recorded in the minutes: “I feel the identification card option gives transgender people another layer of protection.” In response to a question from Mr. Johnston, Mr. Bybee explained the American Civil Liberty Union’s (ACLU) involvement in the formation of the ordinance is public record. Mr. Bybee noted the ACLU was involved in this matter before he was and mentioned when drafting an ordinance, it is beneficial to reach out to other entities to see if they can advise. The ACLU proposed some language to the Human Relations Advisory Committee. However, the proposed ordinance before the Council does not reflect ACLU’s involvement. Mr. Johnston was excused from the Council Chambers 10:08 a.m. In response to questions from Council, Mr. Bybee reviewed the ordinance creation process and the standard method of reviewing other ordinances that have been passed by cities. He has tried to improve the proposed ordinance by incorporating information from other cities and much of the proposed ordinance is modeled after the City of Boise’s non-discrimination ordinance. Mr. Bray passed out information from the City Code regarding penalties for pawnbrokers, sexually oriented business, going out of business sales and other misdemeanors. He is concerned the proposed ordinance is not as effective to persuade offenders to comply. He reviewed the general provisions penalty and feels all misdemeanors should carry the same weight. Dean Tranmer, City attorney, joined Mr. Bybee at this time. Jim Johnston returned to the meeting at 10:34 a.m. Mr. Tranmer explained the provisions being discussed specifically apply to Section 9:36.040 (B) and he gave a history of the provision of the requirements outlined. A person being accused of violating an ordinance should have the opportunity to see what the penalty may be according to State law. He clarified before the City can punish someone for committing an offense they need to provide information of what the penalty will be. Mr. Moore shared his concerns and feels a person who continues to violate City Codes should serve jail time. CITY COUNCIL STUDY SESSION 5 MAY 9, 2013 Council discussion regarding the legal/court system process an individual may go through if they violate certain City Codes followed. Mr. Bybee reviewed the penalty issue noting that Section B allows the prosecutor to reduce the violation to an infraction and most people will choose this option. However, there are some individuals who will want to prove a point and see it through to a conviction. He explained criminal proceedings require proof beyond a reasonable doubt for a conviction and civil proceedings require proof that more than likely this situation happened. Further discussion followed regarding content of the ordinance related to criminal penalties and identification card use. Mayor Blad asked the Study Session minutes state that Jackie Pick, Senior Legislative Advisor for the American Religious Freedom Organization, never suggested the City not pass a non- discrimination ordinance. He added that everything else being proposed in the ordinance is within State Statute with the exception of the use of an identification card. The differences between the first ordinance that failed and the current proposed ordinance were discussed. Mr. Bray reviewed conversations he has had with outside attorneys indicating that jail time is a deterrent to keep people from violating city ordinances. Mr. Cooper stated he has spoken to others and he would like to keep the criminal offense in the ordinance based upon the discussions and comments received. It was the Council’s consensus to add jail time back into the proposed ordinance. Mr. Bybee stated after charges are filed the mediation process will be conducted pursuant to the Idaho Rules of Criminal Procedure. Mr. Moore suggested once the ordinance is passed, independent money could be raised and placed into an account to help pay for mediation expenses. Mayor Blad adjourned the Study Session at 11:42 a.m. CITY COUNCIL STUDY SESSION 6 MAY 9, 2013 APPROVED: BRIAN C. BLAD, MAYOR ATTEST: RUTH E. WHITWORTH, CMC, CITY CLERK