OFFICE OF THE CITY COUNCIL
CHERYL L. BROWN 117
WEST DUVAL STREET, SUITE 425
DIRECTOR 4TH FLOOR, CITY HALL
OFFICE
(904) 630-1452 JACKSONVILLE,
FLORIDA 32202
FAX
(904) 630-2906
E-MAIL:
CLBROWN@coj.net
City Council Committee of the Whole on
Ordinances 2016-1 and 2016-2 – Meeting
Minutes
February 4, 2016
3:00 p.m.
Location: City Council Chamber, City Hall – St.
James Building; 117 West Duval Street,
In attendance: Council Members Greg Anderson
(President), Danny Becton, Aaron Bowman, Lori Boyer, Anna Lopez Brosche, Katrina
Brown, Reginald Brown, Doyle Carter,
John Crescimbeni, Garrett Dennis, Al Ferraro, Reggie Gaffney, Bill
Gulliford, Tommy Hazouri, Jim Love, Joyce Morgan, Sam Newby, Matt Schellenberg,
Scott Wilson
Also: Jason Gabriel and Peggy Sidman– Office of General Counsel;
Kirk Sherman– Council Auditor’s Office; Dana Farris, Carol Owens, Jessica
Morales, Katrin McDonald, Crystal Shemwell, Philip Zamarron – Legislative
Services Division; Steve Cassada – Council Staff Services; Sam Mousa, Kerri
Stewart and Ali Korman Shelton – Mayor’s Office
Meeting Convened: 3:03 p.m.
The President
explained the purpose of the meeting, explained the public comment procedure
that would be in place, mentioned the human rights executive order that the
Mayor had issued the previous Friday (January 29, 2016) and asked the Council
Members to introduce themselves.
The President
asked Council Member Bill Gulliford to explain the ordinance that he was
sponsoring, Ordinance 2016-1. In his
remarks on the ordinance, Mr. Gulliford indicated that he was supportive of the
Mayor’s position that the proposed human rights ordinances were not necessary.
Mr. Gulliford’s
first guest speaker was Attorney Damon Kitchens with the law firm of Constangy,
Brooks, Smith and Prophete, LLP. Mr.
Kitchens remarked on whether or not civil rights should be extended to the LGBT
community. He contended that rights
expansion could negatively impact small businesses. He further contended that protection of civil
rights already exists in state and federal law.
Is a City ordinance necessary to do what the state and federal laws
already cover? He felt that a City
ordinance on expansion of rights would be redundant. Expansion of rights would result in
unforeseen costs that the public would have to take on; there will be increased
regulations, an increased burden on businesses and citizens.
At this
juncture, Council Member Gulliford announced that he would be willing to
withdraw his proposed ordinance if Council Member Tommy Hazouri withdrew his. His offer would remain on the table.
Council Member
Tommy Hazouri, sponsor of Ordinance 2016-2, explained his proposed legislation.
He contended
that the LGBT community is not protected by state and federal laws. He cited the Chamber of Commerce, the Civic
Council and the area’s largest corporations and businesses that are supportive
of the proposed expansion of rights to the LGBT community. Mr. Hazouri explained that his ordinance
would codify what the Mayor wants to do.
Mr. Hazouri’s
next guest, Attorney Bill Shepherd, recalled the numerous civil rights cases
that he has been involved with over many years.
Gary Bevel, a
children’s ombudsman and attorney, urged the City Council to enact legislation
that would include the LGBT community under the Ordinance Code’s civil rights
umbrella. He felt that the issue should not be put to a public referendum
because the majority opinion has not always been faultless.
Matt Rapp, CEO
of the PGA Tour, spoke on behalf of the Chamber of Commerce and its support of
the inclusion of the LGBT community in the City’s human rights ordinances.
Audrey Moran,
speaking for the Chamber of Commerce, urged passage of the HRO legislation. She
characterized the issue as an economic development issue.
Dr. Jeff
Goldhagen, formerly Director of the county health department, indicated that he
was speaking as a pediatrician in support of the expansion of the human rights
ordinance to include the LGBT community. He spoke of how young people in
particular are often the victims of violence, about how the issue of youths’
sexual orientation is genetic, and how some children are born gay. The whole
LGBT issue is genetic in nature.
Council Member
Aaron Bowman, a co-sponsor of Ordinance 2016-2, said that the issue was a
Constitutional one and the he had risked his life for thirty years in the U.S.
Navy to defend constitutional principles. He alluded to the Pledge of
Allegiance, recited at the outset of each Council meeting, which closes with
the words “…with liberty and justice for all.” Mr. Bowman reiterated the
importance of “for all.”
Council Member
Love, another co-sponsor of 2016-2, said that the issue is about liberty for
all. This is what he fought for during his years in the Navy as well. He feels
that enacting this ordinance is the right thing to do.
Council Member
Gulliford suggested that unintended consequences could result if Ordinance
2016-2 was enacted.
Mr. Gulliford
invited an additional guest to the podium. Attorney Kellie Fieeordk,
representing the Alliance Defending Freedom from Washington D.C. was at the
Committee of the Whole meeting with her client, Barronelle Stutzman of
Washington state. Ms. Fieeordk cautioned that there would be many unintended
consequences if the HRO bill is enacted. She cited the case of her client Ms.
Stutzman, a florist, whose refusal to create a floral arrangement for a
same-sex wedding ceremony resulted in a lawsuit and abuse. She mentioned a
photographer in New Mexico and a baker in Colorado who were fined for refusing
to provide their professional services for same-sex wedding ceremonies because
it violated their personal religious beliefs. Ms. Fieeordk characterized HRO
laws as unconstitutional and un-American. Ms. Stutzman recounted her experience
in declining to provide professional services to a potential customer because
of her religious convictions about the nature of marriage. She explained that
she had been sued personally and professionally, had been the target of abuse
and threats, including death threats, and has had to go so far as to vary her
commute to work out of fear for her safety.
Council Vice
President Boyer offered what she characterized as a third alternative to the
two pending ordinances. She referenced the Mayor’s executive order issued last
Friday committing the administration to ensuring compliance with all applicable
state and federal anti-discrimination laws and indicated that she was
uncomfortable with both 2016-1 and -2. She explained her preference to allow
the Mayor’s directives to be implemented before taking further legislative
action.
Motion (Boyer): withdraw pending ordinances 2016-2 -
Motion (Schellenberg): call the question and vote immediately on
the previous motion – fails 4-15.
Council Member
Gulliford and Council President Anderson echoed Ms. Boyer’s proposal to let the
executive order take effect and judge its outcome before taking any further
action. Council Member Reggie Brown stated that doing nothing is not an option.
The Council has made a commitment to the citizens to hold three Committee of the
Whole meetings and allow citizen input at each, so that process should continue
and Council can then weigh the pros and cons and take some action. Deputy
General Counsel Peggy Sidman explained the rules of a Committee of the Whole
regarding making a committee recommendation to the full Council for action and
the consequences of failing to make a committee recommendation.
The Boyer motion to withdraw 2016-2 failed 8-11.
The committee was in recess from 4:55
p.m. to 5:04 p.m.
In an
abbreviated report (given the constraints of time for the public hearing),
General Counsel Jason Gabriel reported that 11of Florida’s 67 counties and
approximately 36 cities have passed ordinances extending protected class status
to sexual orientation or gender identity. Jacksonville currently has human
rights/equal rights ordinances applying non-discrimination protections to
citizens in the areas of housing, public accommodations and employment. The
Mayor’s recent executive order covers non-discrimination in City employment pursuant
to state and federal law as currently interpreted by the courts and the U.S.
Equal Employment Opportunity Commission, and extends those requirements to City
vendors as well. He posed several threshold questions for determining if
further action is necessary – is there a need for legislation to solve a
problem, and if so, what legislative action is necessary. Mr. Gabriel reviewed
the major commonalities and differences of 2016-1 and 2016-2. The major
difference is the provision in 2016-1 (the Gulliford bill) to amend the
Ordinance Code after an amendment to the City Charter is approved by way of a
voter referendum versus 2016-2 (the Hazouri bill) which provides just for the
Code amendment without the Charter amendment and referendum. The Code currently
contains exemptions, penalties and remedies, none of which would be changed by
either of the pending ordinances as currently drafted.
Council Member
Gulliford requested that Mr. Gabriel be scheduled on the agenda for the next
meeting to give a more in-depth legal briefing. President Anderson asked the
council members to pose any questions they may have to Mr. Gabriel directly so
that he can prepare responses that will be shared with all members.
Public
Comment
Floor Leader
Joyce Morgan outlined the rules of procedure for the public comment period,
with each speaker being given one minute and thirty seconds to speak. Speaker
cards were divided into pro and con piles and shuffled, and pro and con
speakers were called in alternating order to speak. After one hour of public
comment had elapsed, the President ended the public comment period and
announced that the speaker cards submitted by persons who had not gotten the
opportunity to speak at this meeting would be held over the beginning of the
public comment period at the next meeting.
The next meeting
will be held on Thursday, February 18th. The agenda will include the
General Counsel and other invited experts responding to questions posed by
council members, then another hour of public comment.
Meeting adjourned: 6:08 p.m.
Minutes: Jeff
Clements, Council Research
2.5.16 Posted 5:30 p.m.
Tapes: City Council Committee of the Whole on 2016-1
and 2016-2 meeting – LSD
2.4.16