RESOLUTION
NO. 199


A Resolution adopting proposed Ordinance 8-2013 which amends the Code of Ordinances of the City of Battle Creek, Michigan by amending Chapter 214 and renaming it: Discrimination Prohibited.

BATTLE CREEK, MICHIGAN 09/03/2013


Resolved by the Commission of the City of Battle Creek:


Section 1. On August 20, 2013, proposed Ordinance 8-2013 was introduced at the regular meeting of the Battle Creek City Commission.

Section 2. Proposed Ordinance 8-2013 would amend Chapter 214 by adding sections and enforcement provisions and renaming it: Discrimination Prohibited.

Section 3. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

Section 4. All ordinances or parts of ordinances, in conflict with any of the provisions of this Ordinance, are hereby repealed, saving any prosecution, criminal, or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.

Section 5. This Ordinance shall take effect ten (10) days from the date of its adoption, in accordance with the provisions of Section 4.3(B) of Chapter 4 of the City Charter.


I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular Meeting held on
Tuesday Sep 03, 2013.

Victoria Houser
Motion to approve

Moved By: Mark Behnke City Commissioner
Supported By: Jeffrey Domenico City Commissioner

Votes For = 8
Sherry Sofia City Commissioner
Lynn Gray City Commissioner
Mark Behnke City Commissioner
Andy Helmboldt City Commissioner
Jeffrey Domenico City Commissioner
Dave Walters City Commissioner
Susan Baldwin City Commissioner
Mary Lou Ramon City Commissioner

Votes Against = 1
Elizabeth Fulton City Commissioner

MOTION APPROVED



Hide details for Action SummaryAction Summary


Battle Creek City Commission
09/03/2013
Action Summary
Staff Member: Jill Humphreys Steele
Department: City Attorney
A Resolution adopting proposed Ordinance 8-2013 which amends the Code of Ordinances of the City of Battle Creek, Michigan by amending Chapter 214 and renaming it: Discrimination Prohibited.

SUMMARY

This Ordinance would amend Chapter 214 of the Code of Ordinances, which currently has no sections. Chapter 214 was previously established and reserved for future legislation, such as this Anti-Discrimination Ordinance. This Ordinance would amend Chapter 214 to include full sections, enforcement provisions, and rename it "Discrimination Prohibited."

BUDGETARY CONSIDERATIONS

The terms of this ordinance have no budgetary implications.

THE APPARENT PROBLEM

The City is required to protect against discrimination for most, if not all, of the state and federal grants for which we apply. The City also is required to include non-discrimination language in many of our City contracts. While the City has various provisions throughout our ordinances prohibiting discrimination, this Chapter, if adopted as amended, would provide a comprehensive anti-discrimination ordinance.

HISTORY AND BACKGROUND

Dozens of Michigan municipalities have passed anti-discrimination ordinances in the last several years, which are similar to the Ordinance proposed to be introduced. Commissioner Helmboldt brought the City of Kalamazoo's Anti-Discrimination Ordinance (passed in 2009) to the City Attorney requesting that the City of Battle Creek pass an ordinance with similar provisions.

CONTENTS OF RESOLUTION / ORDINANCE

There are two attachments to this submission. The first is the current Chapter 214, which has no sections and only contains cross references, showing markup. The second attachment is the clean final version of Chapter 214 as proposed.

DISCUSSION OF THE ISSUE

This proposed Ordinance would prohibit discrimination in those areas protected by current state and federal legislation but it would also expand that protection to prohibit discrimination in areas of family status, sexual orientation, and gender identity.


ATTACHMENTS

Ordinance with markup 8.14.13.pdfOrdinance FINAL CLEAN 8.14.13.pdf