HomeMy WebLinkAboutItem 09 Ordinance Amending Springfield Municipal Code Section 5.550 Et Seq AGENDA ITEM SUMMARY Meeting Date: 12/5/2011
Meeting Type:Regular Meeting
Staff Contact/Dept.: Joe Leahy/CAO
Staff Phone No: 541.746.9621
Estimated Time: Consent Calendar
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Mandate
ITEM TITLE:
ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTION
5.550 ET SEQ.
ACTION
REQUESTED:
Adopt/not adopt: AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SPRINGFIELD AMENDING SECTION 5.550 ET SEQ., "UNLAWFUL
DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX, OR
NATIONAL ORIGIN" OF THE SPRINGFIELD MUNICIPAL CODE
PROHIBITING DISCRIMINATION AGAINST INDIVIDUALS OR GROUPS
BY REASON OF THEIR SEXUAL ORIENTATION IN ORDER TO BE
CONSISTENT WITH OREGON STATE LAW AND SPECIFICALLY
AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 5.550,
"DECLARATION OF POLICY", SUBSECTIONS (1) & (2), SECTION 5.552,
"DEFINITIONS" OF "DISCRIMINATE OR DISCRIMINATION", SECTION
5.554, "UNLAWFUL EMPLOYMENT PRACTICES", SUBSECTIONS (2), (3)(a)
& (b), (4), AND (8)(a).
ISSUE
STATEMENT:
Whether consistent with state law the protection of Springfield Municipal Code,
Sections 5.550 et seq. should be amended to include sexual orientation as a
protected class.
ATTACHMENTS:
Attachment 1: Proposed Ordinance
DISCUSSION/
FINANCIAL
IMPACT:
ORS 659A.003 and 659A.006 makes unlawful discrimination against individuals or
groups by reason of their race, color, religion, sex, sexual orientation, marital status,
disability or national origin. The analogous Springfield Ordinance, SMC 5.550 et
seq. has not been updated to include sexual orientation as a protected class.
This is a housekeeping item and there is no financial impact.
Council conducted a first reading of this ordinance during their November 21, 2011
regular meeting.
Attachment 1, Page 1 of 3
ORDINANCE NO. ___________ (General)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SPRINGFIELD AMENDING SECTION 5.550
ET SEQ., "UNLAWFUL DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX, OR
NATIONAL ORIGIN" OF THE SPRINGFIELD MUNICIPAL CODE PROHIBITING DISCRIMINATION
AGAINST INDIVIDUALS OR GROUPS BY REASON OF THEIR SEXUAL ORIENTATION IN ORDER
TO BE CONSISTENT WITH OREGON STATE LAW AND SPECIFICALLY AMENDING SPRINGFIELD
MUNICIPAL CODE SECTIONS 5.550, "DECLARATION OF POLICY", SUBSECTIONS (1) & (2),
SECTION 5.552, "DEFINITIONS" OF "DISCRIMINATE OR DISCRIMINATION", SECTION 5.554,
"UNLAWFUL EMPLOYMENT PRACTICES", SUBSECTIONS (2), (3)(a) & (b), (4), AND (8)(a).
WHEREAS, ORS 659A.003, et seq. and 659A.006 makes unlawful discrimination against
individuals or groups by reason of their sexual orientation; and
WHEREAS, the Springfield Council wishes to make the unlawful discrimination provisions of the
Springfield Municipal Code consistent with those of the state law of Oregon; and
WHEREAS, the Springfield Council wishes to amend Springfield Municipal Code, Section 5.550,
et seq. to add discrimination against individuals or groups by reason of their sexual orientation
as prohibited within the City of Springfield.
NOW, THEREFORE, based on the foregoing recitals, the Council of the City of Springfield does
ordain as follows:
1. The title of Springfield Municipal Code Sections 5.550 through Section 5.574 is hereby
amended to read as follows:
"UNLAWFUL DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, AGE, MARITAL STATUS, DISABILITY, OR NATIONAL
ORIGIN."
2. Section 5.550, "Declaration of Policy", Subsections (1) and (2) are hereby amended to
read as follows:
"(1) Discrimination against individuals or groups by reason of their race,
color, religion, sex, sexual orientation, age, marital status, disability, or national
origin is a matter of concern for the city. The council declares it to be the public
policy of the city that discrimination in employment, housing, and places of
public accommodation because of race, color, religion, sex, sexual orientation,
age, marital status, familial status, disability, or national origin not only deprives
Springfield inhabitants of their rights and property privileges, but also menaces
the institutions and foundations of a free democratic society and threatens the
peace, good order, health, safety and general welfare of the community.
(2) It is further declared to be the public policy of the city to foster equal
opportunity for all to obtain employment, housing, and public accommodations
without regard to race, color, religion, sex, sexual orientation, age, marital
status, familial status, disability, or national origin and strictly in accord with their
individual merits as human beings."
Attachment 1, Page 2 of 3
3. Section 5.552, "Definitions", definition of "Discriminate or Discrimination" is amended to
read as follows:
"Discriminate or Discrimination. Any different and unequal treatment
because of race, color, religion, sex, sexual orientation, age, marital status,
familial status, disability or national origin."
4. Section 5.554, "Unlawful Employment Practices", subsection (2) is hereby amended to
read as follows:
"(2) For any employer, employment agency or labor organization to
establish, announce or follow a policy of denying or limiting through a quota
system or otherwise, the employment or membership opportunities, to any group
because of its race, color, religion, sex, sexual orientation, age, marital status,
familial status, disability, or national origin."
5. Section 5.554, "Unlawful Employment Practices, Subsections (3)(a) and (b) are hereby
amended to read as follows:
"(a) To make inquiry concerning, or make any record of, the race, color,
religion, marital status, sexual orientation, familial status, or national origin of
any applicant for employment or membership;
(b) To use any employment application, personnel or membership forms
containing questions or entries regarding race, color, religion, marital status,
familial status, sexual orientation, disability, or national origin."
6. Section 5.554, "Unlawful Employment Practices, Subsection (4) is hereby amended to
read as follows:
"(4) For any employer, employment agency or labor organization prior to
employment or admission to membership to cause to be printed, published, or
circulated any notice or advertisement relating to employment or membership
indicating any preference, limitation, specification or discrimination based upon
race, color, religion, sex, sexual orientation, age, marital status, familial status,
disability, or national origin."
7. Section 5.554, "Unlawful Employment Practices, Subsection (8)(a) is hereby amended to
read as follows:
"(a) To deny to or withhold from any individual because of race, color,
religion, sex, sexual orientation, age, marital status, familial status, disability, or
national origin the right to be admitted to or participate in a guidance program,
an apprenticeship training program, an on-the-job training program, or other
occupational training or retaining program."
8. Except as amended herein, all other terms and conditions of Springfield Municipal Code,
Sections 5.550 through 5.574 shall remain in full force and effect.
Attachment 1, Page 3 of 3
This Ordinance adopted by the Common Council of the City of Springfield this ______ day of
____________________, 2011, by a vote of ______ for and ______ against.
________________________________
Christine L. Lundberg, Mayor
________________________________
Amy Sowa, City Recorder