10/25/2011 City Council - Discrimination Based Upon Sexual Orientation

[Doug Loudenback]

As he telegraphed at the last meeting of the City Council below ...



... and as he said that he would on his Facebook page, council member Ed Shadid will offer at this morning's City Council meeting that the following resolution be adopted (Agenda item X.A. Items From Council):

RESOLUTION

RESOLUTION AMENDING SECTIONS 105 AND 401 OF THE CITY OF OKLAHOMA CITY PERSONNEL POLICIES, AS AMENDED AND ADOPTED DECEMBER 13, 2005, TO INCLUDE SPECIFIC REFERENCE TO DISCRIMINATION BASED UPON SEXUAL ORIENTATION, AND DIRECT THE CITY MANAGER TO DISSEMINATE SAID AMENDMENTS.

WHEREAS, The City of Oklahoma City recognizes and supports the policy of equal employment opportunity and promotes a workplace that is free of conduct that can be considered discriminatory, abusive, disorderly, disruptive, or retaliatory; and

WHEREAS, it is the policy of The City of Oklahoma City to represent the diversity of Oklahoma City and to provide equal employment opportunity to all persons on all matters affecting City employment; and

WHEREAS, the Council of The City of Oklahoma City finds it in the best interest of the City to amend Sections 105 and 401 of the Personnel Policies of The City of Oklahoma City, as amended and adopted December 13, 2005 (“Personnel Policies”), to include specific reference to discrimination based upon sexual orientation; and

WHEREAS, this action is desirable and deemed to be in the best interest of the City, its administration, and its employees.

NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of Oklahoma City that the attached sections of the Personnel Policies of The City of Oklahoma City be so amended and adopted.

BE IT FURTHER RESOLVED that the City Manager is directed to disseminate these amended sections of The City of Oklahoma City Personnel Policies to all department and division personnel.

[signature page omitted]

ATTACHMENT

[DL Note: the proposed new text of the affected policy changes is underscored, below]

SECTION 105 - EQUAL EMPLOYMENT OPPORTUNITY

The City recognizes and supports the policy of equal employment opportunity. Any employee or applicant for municipal employment shall be afforded equal opportunity without regard to race, creed, ethnic origin, color, religion, disability, sex (to include sexual orientation), or age.

SECTION 401 - DISCRIMINATION

As an Equal Employment Opportunity (EEO) employer, the City of Oklahoma City will not discriminate against any applicant or employee because of race, color, creed, ethnic origin, religion, sex (to include sexual orientation), age, disability or political affiliation. The City will ensure equal employment opportunity by conducting staffing activities such as selection, promotion, demotion, transfer, training and separation, in accordance with established federal, state, and local EEO laws and regulations. The City promotes a workplace that is free of conduct that can be considered discriminatory, abusive, disorderly, disruptive, or retaliatory. Any employee conduct, whether intentional or unintentional, that results in discrimination or harassment of other employees regarding race, color, creed, disability, age, religion, sex (to include sexual orientation), national origin, or exercise of a legal right, is strictly prohibited. (Refer to Section 1203.23)

The Personnel Director will establish a policy prohibiting all forms of discrimination and harassment; establish procedures for reporting violations; establish disciplinary consequences for policy violations; and publish same as a Personnel Services Bulletin (PSB).

Although Oklahoman reporter Michael Kimball reported on this matter in this morning's Oklahoman, he did not do so accurately. There, he said (emphasis mine),

Sexual orientation would become a protected category in employment discrimination under a measure set to be discussed at Tuesday's Oklahoma City Council meeting.

The ordinance change, to be introduced by Ward 2 Councilman Ed Shadid, would protect gay and bisexual people from discrimination in city offices and hiring.

The city's equal employment opportunity ordinance now lists only classes protected by federal and state law, like gender, race, ethnic origin, religion, disability and political affiliation.

Discrimination based upon sexual orientation is not explicitly prohibited federally or in Oklahoma.

Kimball's mistake is in not differentiating between ordinances and internal policy matters. Shadid is NOT, by this resolution, proposing a change to city ordinances -- changes to city ordinances require a 3-public-hearing track before they can be finally voted upon. Shadid's resolution simply relates to internal city policy standards and would not require the 3-hearing-track procedure. Since Shadid's proposal only affects internal city policy, the 3-hearing-track procedure is not involved.

If the city does adopt Shadid's proposed resolution, the city's policies will go further to prevent discrimination than state statutes do, which would indeed be interesting. I hope that the council meeting is well-attended since I'd like to hear the positions of the mayor and every council member on this proposal -- if in fact the item is heard today at all -- quite possibly, continuance requests might be requested by one or more council members, which requests, of course, are routinely granted for some but not all council members since all council members are not created equal [tongue in cheek, and with credit to George Orwell's Animal Farm.]

This ought to be fun to watch.

[Doug Loudenback]

Well, that was interesting. At around 9:30 a.m. the wranglings over deferral finally settled on November 15 at which the resolution will be considered. Mayor Cornett was not present.

First, the matter was deferred for 4 weeks, until 11/22. After that vote, to my utter amazement (and I'll have to eat some words if what he said turns out to be true), Patrick Ryan said that he could not be present on 11/22 and he requested that a different date be set SO THAT HE COULD VOTE IN FAVOR OF THE RESOLUTION ... and I had earlier said that if Shadid proposed something, one could make book that Ryan would oppose it. Then Shadid said that if the matter is differed that he would want the mayor to be present. In any event, the matter is now on the November 15 agenda.

Another surprise was that Skip Kelly was not receptive to the proposed resolution. I'll have more to say about that, and the video when it becomes available, shortly.

[Just the facts]

Shadid played the 'gay card' way too soon.

[Architect2010]

What the hell does that even mean? This affects real life people. I'm sure they would say it wasn't soon enough.

[Thunder]

Shadid is a very brave man standing up to OKC. We all know Mayor Cornett's viewpoint are due to lack of attendence. OKC needs to stop discriminating us (the gay people)!

[Just the facts]

What the hell does that even mean? This affects real life people. I'm sure they would say it wasn't soon enough.

It means he can make all the points he wants but he isn't ging to win anything. He should have waited. You have to run the offense, not just start chucking up hail-marys every time you cross midfield.

[Doug Loudenback]

I'm not so sure that the resolution won't carry. I can see White, Ryan, Salyer, Greenwell, and Shadid voting aye.

[Just the facts]

I'm not so sure that the resolution won't carry. I can see White, Ryan, Salyer, Greenwell, and Shadid voting aye.

If it passes then I stand corrected. I would prefer there not be any descrimination for any reason (which would make all these protected classes useless). If the person does a good job and doesn't disrupt the work place what more can you ask of an employee?

[workman45]

Well, that was interesting. At around 9:30 a.m. the wranglings over deferral finally settled on November 15 at which the resolution will be considered. Mayor Cornett was not present.

First, the matter was deferred for 4 weeks, until 11/22. After that vote, to my utter amazement (and I'll have to eat some words if what he said turns out to be true), Patrick Ryan said that he could not be present on 11/22 and he requested that a different date be set SO THAT HE COULD VOTE IN FAVOR OF THE RESOLUTION ... and I had earlier said that if Shadid proposed something, one could make book that Ryan would oppose it. Then Shadid said that if the matter is differed that he would want the mayor to be present. In any event, the matter is now on the November 15 agenda.

You heard correctly Doug, that is what Ryan said.

[Popsy]

Have there been any documented cases of discrimination due to sexual orietation that have occurred in the last 10 to 20 years? I have no knowledge of it. Seems this is just another case of Shadid trying to embrace different constituency groups for his run for congress in the future. He now has the firemen, the gay community, the anti-sprawlers and OKC talk members. Who will he go for next?

[Richard at Remax]

For some of us who get headaches reading this type of wording what is the main goal of his proposal? thanks

[Midtowner]

Have there been any documented cases of discrimination due to sexual orietation that have occurred in the last 10 to 20 years? I have no knowledge of it. Seems this is just another case of Shadid trying to embrace different constituency groups for his run for congress in the future. He now has the firemen, the gay community, the anti-sprawlers and OKC talk members. Who will he go for next?

The case of the transgendered OKC police officer, Paula Schonauer comes to mind. Had to sue for wrongful termination and I believe sexual harassment. I don't know how any of that turned out.

[Doug Loudenback]

For some of us who get headaches reading this type of wording what is the main goal of his proposal? thanks

In plain speech, it would (1) put the city on record as opposing discrimination based upon sexual orientation, (2) prohibit such discrimination in the city's hiring policies, and (3) prohibit such discrimination as to city employees in the workplace in matters such as promotion, demotion, transfer, training and separation.

[Doug Loudenback]

Here's the video.



Use the slider to move to ...
8:48 - end of Shadid's 1st remarks
8:48-18:39 - 3 citizens
18:52 - McAtee
25:20-28:45 - Greenwell
28:46 - McAtee again
29:30-37:45 - Kelly
37:45 - Shadid Again
40:45 - vote on motion to defer until 11/22; passed 5-3 (Ryan, White, Shadid voting no)
41:08 - Ryan can't be present that day, wants to vote aye, wonders about a different date
42:25 - Motion to reconsider passed unanimously
... followed by further interesting discussion; the date of 11/15 was finally picked

[soonerguru]

Figures that these jerks would ask for a deferral on one of Shadid's proposals, after refusing to defer their precious convention center vote. Gag. And was it a coincidence that the mayor was not present? Not impressed with Mayor Cornett on this issue.

[Doug Loudenback]

Editorial by Ted Streuli: The Journal Record ... I think that he is mistaken about Pete White ... while he didn't speak, he did vote not to defer, and, knowing Pete, I fully expect that he supports the proposal ... and Greenwell did say that he supports the proposal even though he wants the Personnel Department's input ... but Streuli had some strong words to say:

Periscope: Rally ‘round the flag

By Ted Streuli
The Journal Record
Posted: 08:08 PM Tuesday, October 25, 2011

My 5-year-old is learning to predict things. Every morning on the way to school and work, we drive by a couple of flagpoles. While we’re still in the garage, he likes to guess how hard the wind is blowing. Then, a half-mile from home, he checks the flags to see if he was right.

“There’s no wind today, Daddy,” he’ll say when Old Glory is hanging limp. “It’s not a good day to go sailing.”

Yes, a flagpole in Edmond helps us predict weather conditions at Lake Thunderbird. Smart boy, that 5-year-old. Good genes (his mother’s, probably).

And in this week’s metaphor, Oklahoma City Councilman Ed Shadid is the flag atop the pole. Shadid suggested that Oklahoma City should add a clause to its employment policy that says the city won’t discriminate against someone based upon sexual orientation.

And as sure as the flag points north in a southerly wind, out came the hems, the haws and the unabashed bigotry. Posts on local news sites quickly revealed many wearing the cloak of ill-informed opinion over a suit of irrational hatred.

Yep. The flag went up and the windbags started blowing hard. That was an easy prediction.

In the council chamber, only Pat Ryan supported Shadid’s proposal. Meg Salyer, running the show in the mayor’s absence, remained neutral. Every other councilor squirmed like a sinner in the front pew.

David Greenwell and Larry McAtee said they wanted to study it more.

Study what, gentlemen? Whether it’s a good policy to allow discrimination in the city’s employment practices? Whether it’s OK to discriminate against this particular group but no other?

Yet the biggest head-scratch of the day came from Skip Kelly, who is black. He said the city didn’t need to make a change unless empirical data showed it should. We didn’t need empirical data to prove that some employers refuse to hire people with disabilities. Or those older than 40. Or Jews. Or Muslims. And surely Councilman Kelly doesn’t believe we needed empirical data to prove that people of color face discriminatory employment practices. Some truths are self-evident.

Here’s the test: If you can hear Bubba saying “I ain’t hirin’ no (insert slur here)” then you can bet your last Southern Cross lapel pin that members of the group referenced have been victims of discrimination.

Let’s get a bit of clarity here. Neither Oklahoma state law nor federal law prohibits employment discrimination based on sexual orientation. Many states and municipalities, however – including Tulsa, Muskogee, McAlester, Perry and Noble – have adopted such a policy. If Oklahoma City councilors need a precedent, there it is.

Being gay puts one in a minority, just as race and religion do to anyone who isn’t a white Protestant. And like race and religion, sexual orientation subjects one to discrimination. We have protected many in that unenviable position, but so far we’ve stopped one group short. It’s time for Oklahoma City to show that we can be forward-thinking on issues other than MAPS.

Even my 5-year-old can tell which way the wind is blowing, and at City Hall it looks like it’s blowing pretty hard to the right. But Ed Shadid showed some chutzpah, and I’m willing to salute.

Hey, I told you he was the flag.

[rcjunkie]

Figures that these jerks would ask for a deferral on one of Shadid's proposals, after refusing to defer their precious convention center vote. Gag. And was it a coincidence that the mayor was not present? Not impressed with Mayor Cornett on this issue.

Could you explain how them deferring this proposal is worse than your name calling, classy!!

[Thunder]

Could you explain how them deferring this proposal is worse than your name calling, classy!!

He can't explain it. He doesn't know what's going on. He does not know that deferring helps to pass the proposal. All he is interested in doing is excessive cussing on this forum. :-(

[Roadhawg]

He can't explain it. He doesn't know what's going on. He does not know that deferring helps to pass the proposal. All he is interested in doing is excessive cussing on this forum. :-(

What excessive cussing was he doing?

[Thunder]

What excessive cussing was he doing?

Look at his overall recent posts on the whole forum.

[soonerguru]

He can't explain it. He doesn't know what's going on. He does not know that deferring helps to pass the proposal. All he is interested in doing is excessive cussing on this forum. :-(

Jerks is cussing? Since when?

[soonerguru]

Meg Salyer will be under intense pressure to vote for this, as she should. If she does not, she will probably lose the next election, as she should.

Hopefully Mayor Cornett will grow a backbone and show some progressive leadership for our city. What an embarrassment it would be if the president of the Council of Mayors were to vote no on this issue. It affects the city's ability to recruit quality employees to our city.

[Doug Loudenback]

Meg Salyer will be under intense pressure to vote for this, as she should. If she does not, she will probably lose the next election, as she should.

Hopefully Mayor Cornett will grow a backbone and show some progressive leadership for our city. What an embarrassment it would be if the president of the Council of Mayors were to vote no on this issue. It affects the city's ability to recruit quality employees to our city.

Thunder, perhaps Meg Salyer (my council representative) will remember the support that she received from Al McAffrey, the only openly gay member of the Oklahoma Legislature, during the spring council elections. Ironically, McAffrey supported Shadid's runoff opponent in Ward 2, Charlie Swinton, in the spring council elections. As to the mayor, I have hope that he will vote in favor of Shadid's resolution.

As a general observation to some remarks made by both sides in this thread, if it is at all possible, can the tit-for-tat stuff be "stuffed" so that this thread remains on topic? If that can be done, perhaps this thread might qualify for a Nobel Peace Prize, or, if not that, perhaps an OkcTalk Peace Prize, or if not that, at least a thank you from me. Mucho gracias in advance.

[MDot]

Jerks is cussing? Since when?

He did it again! Quit Cussing! Holy eyes such as my own shalt not want to readeth that garbageth! (sarcasm)

[Doug Loudenback]

He did it again! Quit Cussing! Holy eyes such as my own shalt not want to readeth that garbageth! (sarcasm)

As a general observation to some remarks made by both sides in this thread, if it is at all possible, can the tit-for-tat stuff be "stuffed" so that this thread remains on topic? If that can be done, perhaps this thread might qualify for a Nobel Peace Prize, or, if not that, perhaps an OkcTalk Peace Prize, or if not that, at least a thank you from me. Mucho gracias in advance.

Or not.