Park Hills Life

The Issue with the proposed Park Hills Human Rights Commission

 

As a voter who resides in Park Hills, you might be interested in the following draft ordinance (Black Text) that has been developed by an unofficial committee such that records of their meetings are not subject to Kentucky’s Open Meetings and Open Records Law. City Council Candidates involved include Matt Mattone, Sarah Froelich and Jason Reser. Orange text are comments by Bob Amott, editor of ParkHillsLife.org.

 

Note: Bob and his wife have been long time members and major financial supporters of national and local human rights organizations such as PFlag, The Human Rights Campaign, Lambda Legal and others. Please read why this divisive Ordinance is dangerous to the city of Park Hills, all of our residents and counter productive to those it pretends to help.

 

Summary:

 

Although historically, Park Hills has proven to be a loving and welcoming city, City Council candidates Matt Mattone, Sara Froelich and Jason Reser are part of a committee proposing an ordinance that is harmful, dangerous and divisive.

Instead of drafting a Proclamation of Equality most would be proud of, they drafted a complex unneeded Ordinance that, on the surface, looks like a reaffirmation of where we stand as a community, BUT the devil is in the details as it is fraught with huge risks to all of our residents, businesses, taxpayers and our city as a whole.

• The genesis of this ordinance derives from outside activist groups with good intentions, but there are many dangers to both our city, businesses and residents.
• Creates a five person committee selected by the mayor with the power to report and investigate accused individuals and subject them to public hearings, fines and unspecified legal means to enforce compliance.
• Just by being accused one would find oneself faced with huge legal fees and public intimidation even if not guilty of any crime.
• This ordinance includes the creation of two protected groups not backed by state or federal laws leaving the city open to legal challenges from well funded activist groups nationwide along with associated legal costs.
• The financial security of our city could be severely threatened where tax payers would be responsible for all legal fees if an accused successfully sued the city.
• Proposed outside funding to advance the civil rights of protected classes through education is commendable but the ordinance does not restrict how funding can be used such as hiring attorneys to help prosecute the accused.
• Outside funding would create a bureaucracy much larger and with more influence over Park Hills and local governing of our city than our city government.

 

This is a final draft according to sources.

 

 

ORDINANCE NO. XX, 2018

 

AN ORDINANCE CREATING A HUMAN RIGHTS COMMISSION IN THE CITY OF PARK HILLS, KENTUCKY.

 

*                  *                  *

 

WHEREAS, the City of Park Hills City Council (“City”) desires to be at the forefront of creating and maintaining the equal protection of all its citizens; and

 

WHEREAS 1.

This is a compelling reason to draft this Ordinance but is an interesting change from an earlier draft that stated:

 

From previous draft:

(“WHEREAS, the City of Park Hills City Council (“City”) has received concerns from some of its citizens about the need to address discrimination within the City; and”)

 

I refer to this earlier statement as to why this document was originally drafted because I believe the change is a reaction to sharing my comments with a member of the committee back in August. As such I am including my comments from the earlier draft because it addresses the original stated reason to write this document

 

This first statement is weak because there has not been a history of discrimination in Park Hills. The “bumper sticker” incident, which many understand was an unintended offense, of a misinterpreted and misquoted sticker. Using this to justify the rest of the document as written would not be credible. If credible examples are not available just eliminate the first statement. (WHICH THEY DID) Also, realize that under this proposed ordinance as originally written, the tables could be turned on the gay couple who originated the original complaint. The accused could have claimed that she was discriminated because of her religion and her first amendment rights violated. The couple that originally complained, could themselves be investigated, been called up in front of the commission and punished for denying the civil rights of the person who was accused of the original offense.

 

(Final Draft Continues)

 

WHEREAS, the City wishes to provide equal treatment and opportunity for all its citizens pursuant to the spirit of the Civil Rights Act of 1964 by including sexual orientation and gender identity as protected classes in the Park Hills Human Rights Commission ordinance; and

 

WHEREAS 2.

I’m all for including sexual orientation and gender identity and even including all the related groups of the complete LGBTQA spectrum (Lesbian, Gay, Bisexual, Transsexual, Queer, and Asexual) but including protection to classes that are not covered by state or federal laws is the major issue. Since state and federal laws do not protect these classes any litigation concerning them certainty might end up being an open invitation for thousands of attorneys across the country. I do not think it is in the best interests of Park Hills to create, modify or prosecute classes that are not covered by existing state or federal laws. The best use of a local Human Rights Commission, in my opinion, would be to refer all complaints to the proper state and federal agencies or advocate groups such as Lambda Legal, the ACLU, Human Rights Campaign, GLADD, National Center for Lesbian Rights, Equality Federation, National Black Justice Coalition, National Center for Transgender Equality, Act Up, Stonewall Democrats, People for the American Way, Legal Momentum, National LGBTQ Task Force, Interact for Informed Choice, etc.  These organizations are very well funded, for example Lambda Legal has net assets of over nineteen million, the ACLU has an annual working budget of over one hundred million and the Human Rights Campaign has total assets of over forty-six million. There are also qualified attorneys in the area that have enormous experience in these areas. For example, Cincinnati lawyer Scott Knox.

 

I feel that it is absolute lunacy for Park Hills to be involved with the creation of legislation, litigation, enforcement, or prosecution of any sort in this arena. Just one attempt would result in a plague of lawyers from all sides including those individuals and organizations who make up the defense of those accused. All would descend on this city and would totally bankrupt it overnight in legal fees or lawsuits.

 

 

 WHEREAS, the City desires to create an atmosphere of mutual respect and understanding between all of its residents; and

 

WHEREAS 3.

Good justification of why efforts to enact a resolution, proposition vs an Ordinance.

 

 WHEREAS, the City has conducted public hearings to discuss the issue of establishing a Human Rights Commission in Park Hills; and

 

WHEREAS 4.

In my opinion, this statement does little to actually justify the ordinance. Having public meetings to express a desire by some to write an ordinance does not consider those that do not perceive the justification. There are indeed people in this community who are highly insulted and offended of broad stroke accusations by unsubstantiated negative attitudes toward our fellow man as alluded to in the development of this document.

 

WHEREAS, KRS 344.300 provides that cities may adopt and implement ordinances prohibiting all forms of discrimination, and that cities may add to the protected classes; and

 

WHEREAS 5.

KRS 344.300 does not support the expansion of protected classes beyond those identified by the state.

 

KRS 344.300: Authorization of cities and counties to prohibit discrimination.

(1) Cities and counties are authorized to adopt and enforce ordinances, orders, and

resolutions prohibiting all forms of discrimination, including discrimination on the

basis of race, color, religion, disability, familial status, or national origin, sex, or

age, and to prescribe penalties for violations thereof, such penalties being in

addition to the remedial orders and enforcement herein authorized.

(2) Cities and counties may adopt and enforce ordinances, orders, and resolutions

prohibiting discrimination; no ordinance, order or resolution shall attempt to

exempt more transactions from its coverage than are exempted by KRS 344.362 and 344.365. Effective: July 14, 1992

 

 WHEREAS, the City wants to create a Human Rights Commission to allow a mechanism for citizens and residents to address these issues in Park Hills, Kentucky.

 

WHEREAS 6.

I’m all for it, but not as an ordinance.

 

 WHEREAS, the City desires to pass a Fairness Ordinance that will extend and update protections to include sexual orientation and gender identity.

 

WHEREAS 7.

See WHEREAS 2.

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARK HILLS, KENTON COUNTY, KENTUCKY:

 

Section I

 

That Chapter XXX Park Hills Human Rights Commission is hereby established.

 

Section II

 

CHAPTER XXX: PARK HILLS HUMAN RIGHTS COMMISSION

 

Section XXX Mission.

 

The mission of the Park Hills Human Rights Commission is to promote and protect basic human rights for all people in the community, to investigate claims of discrimination, to discourage discrimination, to foster an atmosphere of mutual respect and understanding between residents, citizens and visitors, and to encourage respect, acceptance, and appreciation of diversity.

 

The City desires to implement a policy to prevent discrimination in the City of Park Hills because of disability, age, sex, race, color, religion, ancestry, national origin, sexual orientation, and gender identity.

 

MISSION

These two paragraphs wonderfully explain the reasonings behind establishing a Human Rights Commission. The only concern is in the second paragraph “…implement a policy to prevent discrimination …” To actually “prevent” discrimination anywhere in this world is a lofty goal that is impossible to obtain. It would be more practical to say we want to “help discourage discrimination”. Also the issue of litigating classes on our own that are not protected by State or Federal laws

 

 

Section III

 

Section XXX. Exemptions.

 

The City’s Human Rights Commission can only act on discrimination complaints with regard to employment, housing, public accommodations and financial transactions.  It is not the intent of this ordinance for the City to curtail any citizen’s right to exercise Freedom of Speech or Freedom of Religion, guaranteed by the United States Constitution.

 

The provisions of this Article regarding sexual orientation or gender identity shall not apply to a religious institution, association, society or entity or to an organization operated for charitable or educational purposes, which is owned, operated or controlled by a religious institution, association, society or entity, except that when such an institution or organization receives a majority of its annual funding from any federal, state, local or other governmental body or agency, or any combination thereof, it shall not be entitled to this exemption.

 

The City is prohibited from substantially burdening a person’s freedom of religion per the provisions of KRS 446.350. Accordingly, where a person, by action or inaction, violates the provisions of the Park Hills Human Rights Ordinance due to a sincerely held religious belief, the individual or entity alleging the violation must prove by clear and convincing evidence that the City has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest to establish the existence of the violation. A “burden” shall include indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access facilities.

 

EXEMPTIONS.

The third paragraph clearly demonstrates why we would need to build an Attorney hotel on Dixie Highway.

 

 

Section IV

 

Section XXX Definitions.

 

Discrimination.  Any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of a person or persons, or the aiding, abetting, inciting, coercing or compelling thereof made unlawful under this chapter or state or federal law.

 

Gender identity. The gender-related identity appearance, or mannerisms or other gender-related characteristics of a person with or without regard to the person’s designated sex at birth.

 

Sexual orientation. The inclination of an individual with respect to heterosexual, homosexual or bisexual behavior.

 

Religion.  Means all aspects of religious observance and practice, as well as belief.

 

The definitions provided in KRS 344.010 are incorporated by reference herein unless otherwise indicated in this ordinance.

 

Section XXX Human Rights Commission membership.

 

The Park Hills Human Rights Commission (“Commission”) is hereby established.

 

The Commission shall consist of five members. The Mayor shall appoint the members on a non-partisan basis. The members should be broadly representative of financial institutions, real estate businesses, religious groups, human rights groups and the general public.  All members shall submit an application to the City for review and approval.

 

 The members shall be adults and reside in the City of Park Hills. No elected or appointed City official shall be a member of the Commission.  The members shall serve without compensation.

 

Of the first five (5) members appointed, one shall be appointed for one (1) year, two (2) shall be appointed for two (2) years, and two (2) shall be appointed for three (3) years.  Subsequent appointments will be for three (3) years.

 

The Commission shall elect a chairperson, vice chairperson, secretary/treasurer.

 

MEMBERSHIP

Limiting the replacement of an unapproved member to the Mayor only, does not allow for the proper representation of all the people of Park Hills. Park Hills needs to remain democratic with fair and equal representation of all the people as intended.

 

The Commission shall schedule a meeting at least once per month.

 

MEETINGS

Considering our lack of discrimination history, mandatory monthly meetings may not be practical. Quarterly meetings and meetings “as needed” would be more sensible.

 

The Commission may establish rules and guidelines for how it conducts its business subject to the approval of the Council.

 

The Commission, on behalf of the City, may accept grants and donations that will be used to further its purpose.

 

Section XXX Unlawful practices.

 

It shall be a prohibited unlawful practice to discriminate against someone in the City of Park Hills on the basis of someone’s protected class as identified in KRS 344 et seq.: age, color, disability, familial status (specifically for housing), national origin, race, religion, sex, tobacco smoking status.

 

The City of Park Hills also recognizes the following classifications as being protected from discrimination even though KRS 344 does not presently specifically identify these classifications: sexual orientation, and gender identity.

 

The prohibitions against discrimination herein are limited to violations involving housing, the sale or rental of property, employment, public accommodations, and financial transactions as identified in KRS 344 et seq. The exceptions to the enforcement and application of KRS 344 et seq. are incorporated by reference herein.

 

If the Commission receives any complaints about discrimination in which the Kentucky Commission on Human Rights does not exercise jurisdiction over—i.e. sexual orientation, or gender identity—then the Commission shall have jurisdiction to adjudicate those claims in accordance with the provisions herein.

 

UNLAWFUL PRACTICES

The second paragraph remains the major issue – See WHEREAS 2.

 

Section XXX Functions of the Human Rights Commission.

 

The Human Rights Commission functions shall:

1. Initiate and encourage opportunities to work cooperatively with elected leaders, business and property owners, civic and community leaders, and citizens to develop awareness of the importance of welcoming diversity and fairness.
2. To provide a forum to communicate about diversity and fairness through discussion while also enhancing and embracing diversity in the City.
3. Encourage fair treatment and equal opportunity for all persons regardless of age, color, disability, familial status, national origin, race, religion, sex, tobacco smoking status, sexual orientation and gender identity.
4. Promote mutual understanding and respect between people regardless of their status as well as appreciation of diversity in the City.
5. Develop and conduct programs and activities designed to increase goodwill among all citizens of the City.
6. Receive, investigate and report complaints of discrimination in the City of Park Hills in the areas of housing, the sale or rental of property, public accommodations and financial transactions as identified in KRS 344 et seq.
7. Enforce the provisions of this ordinance while making a due diligent effort to eliminate discrimination in the City.
8. Conduct regularly scheduled meetings to discuss Commission business.
9. Conduct training, workshops, and seminars on discrimination for elected officials, city employees and staff, City volunteers, citizens, businesses, visitors, and citizens.
10. Be allowed to accept gifts or bequests, grants or other payments, public or private, to help finance its activities.
11.  Determine whether to recommend to the Council to modify or enhance the penalties in the Human Rights Ordinance.

 

FUNCTIONS OF THE HUMAN RIGHTS COMMISSION

1-5 Are fine as is but do not need an ordinance to be effective with 3 being the exception if written as an ordinance vs. a proposition.

6 – It would be better to just report violations to the state where they have the financial resources and trained personal to deal with them properly.

7 - If the city is smart enough to avoid being involved with any form of litigation, this paragraph is not necessary.

8 - Considering our lack of discrimination history, mandatory monthly meetings may not be practical. Quarterly meetings and meetings “as needed” would be more sensible.

10 - In my personal opinion, monetary donations from outside politically motivated groups should be avoided and very limited in scope and defined as to how financial donations are used. In kind services such as education, and services provided by groups such as Lambda Legal, The Human Rights Campaign etc. should be welcomed and encouraged.

11. If Park Hills gets involved with enforcement and penalties we would be open to litigation that could have considerable negative legal and financial ramifications for the city.

 

Section XXX Relationship with the Kentucky Commission on Human Rights.

The Commission shall act in an advisory capacity to the Kentucky Commission on Human Rights, and when possible to effectuate compliance with KRS 344 et seq.

 The Commission is authorized to enter into cooperative working agreements with the Kentucky Commission on Human Rights.

 

RELATIONSHIP WITH THE KENTUCKY COMMISSION ON HUMAN RIGHTS

No issues.

 

Section XXX Enforcement.

 

With regard to complaints of discrimination for those classes protected by KRS 344 et seq., the Commission will report those complaints to the Kentucky Commission on Human Rights as well as any other complaints deemed appropriate by the Kentucky Commission on Human Rights or state law.

The Commission, instead of referring these complaints to the Kentucky Commission on Human Rights, may receive, discuss and attempt to resolve complaints involving alleged discrimination even though the Commission does not have jurisdiction to impose remedies under this ordinance. If so, the Commission may issue a report, but not impose penalties.

With regard to complaints alleging discrimination involving sexual orientation or gender identity, the Commission shall:

1. Conduct an investigation into the complaint.
2. Allow the complaining party, the accused and witnesses a reasonable opportunity to explain the facts and circumstances related to the allegation to the Commission.
3. Make a reasonable effort to negotiate the complaints.
4. If negotiation fails, on a finding of a violation(s) of this Ordinance, the Commission will issue recommendations to the parties; and, in the event of one violation, issue a public letter of reprimand and its findings to a party found to be in violation of this ordinance; and, in the event of a second and other subsequent violations, then issue a civil penalty of $250.00 for each violation. The Commission may seek injunctory relief against a violator to compel compliance with this Ordinance.
5. Report the Commission’s findings to the Park Hills City Clerk and City Council.

 

ENFORCEMENT

The city should refer all cases to the state and not be involved with setting up any process of enforcement. This should be the sole responsibility of state and federal authorities only to protect the accused and the accusers and avoid all the pitfalls of litigation of any sort to avoid lawsuits targeting Park Hills.

 

Section XXX Appeal.

 

The findings of the Commission may be appealed to the Council within 30 days of the entry of the findings by filing an appeal with the City Clerk. The Council shall review the record and may hear testimony at a hearing to be held within 30 days of the appeal. The Council may affirm, modify or set aside the Commission findings.

The Council’s determination may be appealed to the Kenton Circuit Court within 30 days of the Council’s determination.

The prevailing party may recover from the non-prevailing party court costs and/or attorney’s fees.

 

APPEAL

Not relevant if the City is smart enough to stay out of litigation of any type.

 

Section XXX Frivolous conduct.

 

It shall be a violation of this ordinance to engage in frivolous conduct.

Frivolous conduct shall mean conduct that serves to harass or maliciously injure another party, such as, but not limited to, filing a false or misleading claim or defense; or filing a complaint or asserting a defense that is not warranted under existing law and that cannot be supported by a good faith argument for an extension, modification, or reversal of existing law.

Upon a finding by the Commission that that frivolous conduct has occurred, the Commission may issue a public reprimand against the person who engaged in frivolous conduct, and seek reasonable attorney's fees and costs against the violating party.

 

FRIVOLOUS CONDUCT

Yes, there should be provisions that discourage this but again, there are existing laws that cover all of this. Let the state and federal legal system determine frivolous conduct and let them enforce and prosecute the laws.

 

Section V

 

That all ordinances or parts of ordinances in conflict herewith are to the extent of such conflict, hereby repealed.

 

SECTION 5

Disclaimer to cover incompetence.

 

Section VI

 

If any section, subsection, sentence, or clause of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance.

 

SECTION 6

If written as a proposition this section is not needed

 

Section VII

 

The City Clerk of Park Hills, Kentucky, shall certify the adoption of this ordinance and cause the same to be published as required by law; and this ordinance shall take effect and be in full force from and after its approval as required by law.

 

By now I would hope that any reader would have determined that I am totally supporting the values expressed in this document and that I encourage the city to write this as a Proposition or Resolution statement than an ordinance. I believe a Proposition supporting what, we the people of Park Hills as a whole, have endorsed for generations would have complete support. I support the concept of a committee to help those that might be justifiably wronged, find the resources and support to help them find solutions would be commendable and help to communicate that Park Hills is a totally accepting community that will help all those legitimately discriminated against.

 

 

 

 

________________________________

    M A Y O R

 

 

ATTEST:

 

 

____________________________

 CITY CLERK

 

Passed: ____________________ (first reading)

 

  ____________________ (second reading)