HomeMy WebLinkAbout1998-080-05/05/1998-ADOPTING A BALLOT TITLE AND SUBMISSION CLAUSE FOR THE CONSIDERATION OF ORDINANCE NO. 022, 1998 AT TH RESOLUTION 98-80
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING A BALLOT TITLE AND SUBMISSION CLAUSE
FOR THE CONSIDERATION OF ORDINANCE NO. 22, 1998
AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 3, 1998
WHEREAS, on March 3, 1998, the Council of the City of Fort Collins adopted, on second
reading, Ordinance No. 21, 1998, which ordinance repealed and reenacted Article II of Chapter 13
of the City Code concerning discrimination,and Ordinance No. 22, 1998,which ordinance amended
portions of Article II of Chapter 13 of the City Code by adding sexual orientation as a basis of
discrimination(collectively referred to below as "the Ordinances"); and
WHEREAS, on April 7, 1998, petitions were submitted to the City Clerk, which petitions
have been certified by the City Clerk as containing a sufficient number of signatures to refer the
Ordinances to a vote of the registered electors of the City; and
WHEREAS, said petitions were presented to the City Council at its April 21, 1998 meeting;
and
WHEREAS,pursuant to Article X, Section 2 of the Charter of the City of Fort Collins, the
presentation to Council of a petition certified by the City Clerk as sufficient for referendum
automatically suspends the operation of the ordinance in question pending repeal by Council or final
determination by the electors; and
WHEREAS, the City Council has, this same date, adopted on first reading Ordinance No.
83, 1998, calling a special municipal election to be held in conjunction with the Larimer County
General Election on November 3, 1998 for the purpose of submitting the Ordinances to a vote of the
registered electors of the City; and
WHEREAS, under Article X, Section 6(b)of the City Charter, upon ordering an election on
any initiative or referendum measure, the Council shall, after public hearing, adopt by resolution a
ballot title and submission clause for each measure.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That there is hereby submitted to the registered electors of the City of Fort
Collins at a special municipal election to be held in conjunction with the Larimer County, Colorado
General Election on Tuesday, November 3, 1998 the question of whether or not the following
proposed Ordinance should be adopted:
ORDINANCE NO. 22, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING PORTIONS OF ARTICLE Il OF CHAPTER 13
OF THE CITY CODE BY ADDING SEXUAL ORIENTATION
AS A BASIS OF DISCRIMINATION
WHEREAS, over the past three years, the City's Human Relations Commission has been studying and
gathering information concerning the scope and effectiveness of the provisions set forth in Article lI of Chapter 13 of
the Code of the City of Fort Collins,dealing with human relations(the Human Rights Code"); and
WHEREAS,following the presentation of suggested changes from the Human Relations Commission,the City
Manager formed a 13 member Human Rights Ordinance Task Force ("Task Force") to further study the issues
surrounding the need for changes to the Human Rights Code and to seek further broad-based citizen comment and input;
and
WHEREAS,the Task Force regularly met over a five month period,conducted three publicly advertised open
forums where citizen comment and input was encouraged and received, and vigorously discussed, debated, and
considered the scope and effectiveness of the Human Rights Code and the need for changes to the Code;and
WHEREAS,during the open forums conducted by the Task Force,many citizens came forward to express their
views,experiences,thoughts,and beliefs concerning a wide array of issues related to the Human Rights Code,including
discrimination based on sexual orientation; and
WHEREAS, based upon the comments and input provided by the Human Relations Commission, the Task
Force,the many citizens who participated in the Task Force forums,the many citizens who have provided comment and
input during the proceedings before this body in consideration of this ordinance,and the comments and input from City
staff, the City Council believes it to be in the best interests of the City to prohibit discrimination in the provision of
employment,housing,and public accommodation on the basis of a person's actual or perceived sexual orientation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as
follows:
Section 1. That the City Council hereby makes the following findings of fact: (a)that discrimination
on the basis of sexual orientation in the provision of employment,housing,and public accommodation exists within the
Fort Collins community,and that the City has a compelling interest in eradicating and preventing such discrimination,
so as to fully ensure equal opportunity in employment,housing,and public accommodations;(b)that this compelling
interest in adopting the provisions set forth in Sections 2 through 8 of this ordinance outweighs any burden placed upon
the rights of the persons regulated by said provisions; (c)that the provisions set forth in Sections 2 through 8 of this
ordinance represent the least restrictive means to achieving the City's objectives;and(d)that nothing in such provisions
is intended to establish or require affirmative action, quotas, or preferences of any kind.
Section 2. That section 13-15 of the Code of the City of Fort Collins is hereby amended to read as
follows:
Sec. 13-15. Purpose
The City of Fort Collins values the dignity and worth of all human beings and is committed
to promoting justice, equity and inclusivity by respecting cultural and individual diversity and
fostering mutual understanding among all people regardless of race,color,religion,national origin,
gender,marital status,age,disability,familial status,public assistance status,and sexual orientation.
It is the intent of the City that all people have an equal opportunity to participate fully in the life of
the City and that discriminatory barriers to equal participation in employment,housing and public
accommodations be removed. The City has a compelling interest in eradicating and preventing
discrimination based on race, color,religion, national origin, gender, marital status, age, disability,
familial status, public assistance status and sexual orientation,and in ensuring equal opportunity in
employment,housing and public accommodations. This compelling interest in adopting these code
provisions outweighs any burden placed upon the rights of the persons regulated by said provisions.
These code provisions represent the least restrictive means to achieving the City's objectives.
Nothing in this chapter is intended or shall be interpreted to establish or require affirmative action,
quotas or preferences of any kind.
Section 3. That the definition of harassment set forth in section 13-16 of the Code of the City of Fort
Collins is hereby amended to read as follows:
Harassment shall mean unwelcome physical or verbal conduct concerning race, color,
religion, national origin, marital status, age, gender, sexual orientation, or disability which
unreasonably interferes with the employee's job performance or creates an intimidating, hostile or
offensive working environment.
Section 4. That section 13-16 of the Code of the City of Fort Collins is hereby amended by adding
thereto the following definition:
Sexual orientation shall mean actual or perceived heterosexuality, homosexuality,
bisexuality, or asexuality. Sexual orientation shall not include participation in acts which are
prohibited by law.
Section 5. That section 13-17 of the Code of the City of Fort Collins is hereby amended by adding the
phrase"sexual orientation"to each listing of bases of discrimination in subsections (a)(1)through (5), (a)(7), (b)(1)
through(7), and(c)(2).
Section 6. That subsection (c)(3) of section 13-17 of the Code of the City of Fort Collins is hereby
amended to read as follows:
(3) With respect to marital status and sexual orientation, discrimination in fringe benefits,
insurance coverage or any otherterm,condition or privilege of employment where the employee seeks
coverage for an individual on the basis that the individual is his or her spousal equivalent.
Section 7. That section 13-18 of the Code of the City of Fort Collins is hereby amended by adding the
phrase"sexual orientation"to each listing of bases of discrimination in subsections(a),(a)(4),(b)(1)and(2),and(c).
Section 8. That section 13-19 of the Code of the City of Fort Collins is hereby amended by adding the
phrase"sexual orientation"to each listing of bases of discrimination in subsections(a)and(a)(3).
Section 2. That Ordinance No. 22, 1998 of the Council of the City of Fort Collins, is
hereby submitted to the registered electors of the City of Fort Collins in substantially the following
form:
CITIZEN REFERRED ORDINANCE
ORDINANCE NO.22, 1998 OF THE COUNCIL OF THE CITY OF
FORT COLLINS AMENDING PORTIONS OF ARTICLE II OF
CHAPTER 13 OF THE CITY CODE BY ADDING SEXUAL
ORIENTATION AS A BASIS OF DISCRIMINATION
For the Ordinance
Against the Ordinance
Passed and adopted at a regular meeting of the Council of the QA� of Fort Collins ld this
5th day of May, A.D. 1998. /
or
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City Clerk