whelchel letter 102112
TRANSCRIPT
· The Palm Beach Gaunty HUrnIJ,n Rights Councd, Inc. is dedicated to ending discriminaJ:iun based on sexual orientation, gender identity,and gender expression. The Council promotes equality through education, advocacy, direct action, impad. luzgatzon and commun11y outreach ..
RANnHOCH
FOUNDER & PRESIDENT
DEIDRE NEWTONVICE PRESIDENT
DANIEL S. HALLTREASURER
RAEFRANKSSECRETARr
JESSICA BLACKMAN
PETER CAVA
HUTCH FLOYD
JAMIE T. FOREMAN
W. TRENT STEELE
no Box 267WEST PALM BEACH
FLORIDA 33402
561.586.0203
Please reply to:
400 North Flagler Drive, #1402West Palm Beach, Florida 33401(561) [email protected]
October 21,2012
Mayor Susan WhelchelCity Hall201 West Palmetto Park RoadBoca Raton, Florida 33432
Via e-mail to:[email protected]
Re: Resolution No. 128-2012 and Resciding City of Boca Raton Ordinance5161
Dear Mayor Whelchel:
On behalf of the Board of Directors of the Palm Beach County Human Rights Council("PBCHRC"), I am writing to explain why Ordinance 5161 is a matter of civil rights, sinceit appears from today's article in the Sun-Sentinel, that you do not understand.
Up until January 24, 2011, employees of the City of Boca Raton who felt they had beensubjected to discrimination based on race, sex, color, religion, national origin, age,disability, familial status or marital status, had the right to bring the matter to the attentionof the County's Office of Equal Opportunity, so that the matter could be investigatedlocally, promptly, and inexpensively.
That changed on January 25, 2011, when you and your colleagues unanimously adoptedBoca Raton Ordinance 5161. Since then, city employees seeking independent redress if theyfeel the are being subjected to discrimination based on race, sex, color, religion, nationalorigin, age, disability, familial status or marital status, are limited to filing a Charge ofDiscrimination with the federal Equal Employment Opportunity Commission in Miami orwith the Florida Commission on Human Relations in Tallahassee.
Clearly, the civil rights of the women and minorities working for the City of Boca Raton(which had been in place since 1995 were significantly restricted by the enactment ofOrdinance 5161.
Additionally, up until January 24, 2011, gay, lesbian and gender nonconforming employeesof the City of Boca Raton had legal recourse if they felt the City had discriminated againstbased on their sexual orientation, gender identity or gender expression. The City's lesbianand gay employees' civil rights had been in place since 2002, when the County amended its1995 Equal Employment Ordinance to include "sexual orientation". The City's gendernonconforming employees' civil rights had been in place since 2007,when the County'sEqual Employment Ordinance was amended to include "gender identity or expression".
Mayor Susan WhelchelOctober 21,2012
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So, when you and Deputy Mayor Susan Haynie brought up Ordinance 5161 for consideration on January 25,2011, and when the Council unanimously enacted it, the City, in fact, took away some of the civil rightswomen and minorities working for the City of Boca Raton, and all of the civil rights of the City's gay, lesbianand gender nonconforming employees.
Over the past several weeks, PBCHRC has filed four public records requests in an attempt to ascertain howyou and your colleagues became the only elected officials in Florida during this century (and no doubtlonger) to vote to eliminate anyone's civil rights. As you know, since the City has refused to comply withthe Florida Public Records Act, PBCHRC has retained legal counsel to institute a lawsuit if the records arenot promptly forthcoming. Unless corrective action is taken, PBCHRC will get to the bottom of this. Untilthen, we are relying on records which we can obtain via the internet.
I have reviewed the somewhat misleading January 4,2011 memorandum on Equal Employment Opportunityprepared by City Manager Leif Ahnell and Human Resources Director Mark Buckingham, which wasincluded in the backup for the January 25, 2011 City Council Meeting at which Ordinance 5161 was enacted.The memorandum makes no reference to "sexual orientation" "gender identity" or "gender expression". Nordoes it inform anyone that the civil rights offemale and minority employees would be curtailed. Therefore,it is possible that neither you nor your colleagues had any idea that by enacting the ordinance, you werecompletely eliminating the civil rights ofthe City's gay, lesbian and gender non-conforming employees, aswell as restricting the rights of the City's female and minority employees.
Giving the City Council the benefit of the doubt, if you and your colleagues had been led to believe thatenacting Ordinance 5161 was merely a home rule issue, you now know that it is actually a civil rights issue.
The Board of Directors of the Palm Beach County Human Rights Council continues to urge the City Councilto promptly rescind City of Boca Raton Ordinance 5161 so that all of the City's employees will be affordedthe rights provided to the other men and women working in both private and public employment in PalmBeach County.
On another matter, in an article entitled "Boca Raton officials compare LGBT equality to canine rights &bad hair" published in the South Florida Gay News, Boca Raton Assistant City ManagerMike Woika is quoted as saying, ""What's to keep other groups from wanting to be protected? How aboutme? I'm a pet lover. I think should be included in your anti-discrimination law. Someone who has dogsshould not be discriminated against either."
Putting it simply, Mr. Woika's comments are not only ignorant, but also hurtful. There is no longstandinghistory of employment discrimination against pet owners.
In contrast, the history of employment discrimination against lesbians, gays and gender nonconformingindividuals is extensive. In an attempt to address this workplace issue, thousands of businesses (including87 percent of Fortune 500 companies) have enacted policies prohibiting discrimination based on sexualorientation. More than a third (46 percent) of Fortune 500 companies also prohibit discrimination based ongender identity/expression. Additionally a majority (58 percent) provide domestic partner health insurancebenefits to their employees.
In today's article in the Sun-Sentinel entitled "Home rule or bigotry? Boca opts out of expandedanti-discrimination policy", Mr. Woika toned down his language somewhat. However, he continued tomarginalize LGBT people and the discrimination we face.
Mayor Susan WhelchelOctober 21,2012
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While PBCHRC is not calling for a public apology by Mr. Woika, it would seem appropriate for the City totake some disciplinary action in an attempt to assure the LGBT residents of Boca Raton - and our allies= _.that such callous and hurtful statements are not acceptable.
Finally, PBCHRC renews our longstanding request that the City of Boca Raton amend its nondiscriminationpolicies to include "sexual orientation" as well as "gender identity or expression".
Please be advised that long as Ordinance 5161 remains in effect, PBCHRC will move forward with our"Boca Bigots Run City Hall" campaign.
Sincerely 111.~OCh (retired)
President and FounderPalm Beach County Human Rights Councilwww.pbchrc.org
RH:rcopies via e-mail to: Board of Directors - PBCHRC
Deputy Mayor Susan Haynie ([email protected])Council Member Anthony Majhess ([email protected])Council Member Constance J. Scott ([email protected])Council Member Michael Mullaugh ([email protected])