City Councilman Chris Anderson said he will introduce a resolution on July 14 aimed at providing protections to city employees based on sexual orientation and gender identity.
The move comes after the U.S. Supreme Court voted to sanction gay marriage.
Councilman Anderson said this ordinance does not deal with domestic partners or health benefits. An earlier ordinance on that topic was narrowly approved by the council. However, a petition drive to force a vote on it was successful. In the vote that followed, the measure lost by 5,501 votes.
Councilman Moses Freeman said the measure will be discussed at the council's 1:30 p.m. strategic planning meeting next Tuesday - as it was this Tuesday. He said there will be more discussion at a committee hearing at 3 p.m. on the 14th.
City Attorney Wade Hinton said he had distributed early drafts of the ordinance to the council. He said they included mention of domestic partners, but should not have.
A St. Elmo resident told the council he supports such protections for city employees, but Charles Wysong asked the council members to stand up for morality "and follow what God wants."
Councilman Freeman replied by saying, "Jesus said, 'I will make things new.'"
Megan Turner, who said she was among the first to be married to a female partner under the high court ruling, said she almost lost her job over her sexual orientation.
She said she "chooses to love a woman and I cannot change that."
Here is a copy of the proposed ordinance:
ORDINANCE NO. _____________
AN ORDINANCE AMENDING CHATTANOOGA CITY CODE, ARTICLE III, DIVISION 1, CHAPTER 2, SECTION 2-137; ARTICLE III, DIVISION 10, CHAPTER 2, SECTION 2-183, ANTI-HARASSMENT POLICY; AND ARTICLE XIII, CODE OF ETHICS.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE:
SECTION 1. That Article III, Division 1, Chapter 2, Section 2-137, General purpose and Definitions of the Chattanooga City Code is hereby amended by deleting these subsections in their entirety and substituting in lieu thereof the following:
Sec. 2-137. General purpose.
(b) In order that this purpose may be accomplished, it shall be the policy of the city that:
(1) Employment shall be based on merit and fitness, without regard to age, sex, race, religion, physical disability, national origin, protected veteran or military status, sexual orientation, gender identity or expression, and ethnicity or political affiliations, except where such category or class constitutes a bona fide occupational qualification.
SECTION 2. That Article III, Division 10, Chapter 2, Section 2-183, Anti-harassment policy, of the Chattanooga City Code is hereby amended by deleting this paragraph in its entirety and substituting in lieu thereof the following:
Sec. 2-183. Anti-harassment policy.
As an equal opportunity employer, the City is committed to promoting and maintaining a working environment free of all forms of sexual and other unlawful harassment and discrimination. Simply put, the City does not and will not tolerate illegal harassment of its employees. Any form of harassment related to an individual’s race, color, sex, religion, national origin, age, disability, sexual orientation, gender, identity or expression, and ethnicity is a violation of this policy and will be treated as a disciplinary matter. The term “harassment” includes, but is not limited to, slurs, jokes and other verbal, graphic, or physical conduct, statements, or materials relating to an individual’s race, color, sex, religion, national origin, age or disability sexual orientation, gender, identity or expression, and ethnicity. “Harassment” also includes sexual advances, requests for sexual favors, unwelcome or offensive touching, sexually provocative or abusive language, and other verbal, graphic, or physical conduct of a sexual nature. Unlawful harassment may result in the loss of a tangible job benefit, take the form of an implied or express condition of employment, or it may result in an unduly hostile or oppressive work environment. If any employee has any questions about what constitutes harassing behavior, such employee is encouraged to contact his/her supervisor or the City Personnel Director.
SECTION 3. That Article XIII, Chapter 2, Section 2-183, Code of Ethics, of the Chattanooga City Code is hereby amended by deleting this subsection in its entirety and substituting in lieu thereof the following:
Sec. 2-751. Definition of “personal interest.”
(c) Any such financial, ownership, or employment interest of the official’s or employee’s spouse, parent(s), stepparent(s), grandparent(s), sibling(s), child(ren), or stepchild(ren).
SECTION 4. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two (2) weeks from and after its passage.
Passed on second and final reading:_____________
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CHAIRPERSON
APPROVED:____ DISAPPROVED:____
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MAYOR
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