History: The proposed ordinance amendments were originally presented on the May 5, 2015 agenda as an Ordinance Introduction. The commission voted at that time to postpone the introduction until the following meeting. At the May 19, 2015 meeting, Commissioner Helmboldt motioned to again adjourn the consideration of the proposed ordinance amendment introduction to allow additional time for consideration and community discussion; to allow time for the reinstatement of the Human Relations Board and to allow commissioners to do further review. Appointments were made to the Human Relations Board on July 21, 2015 and its first meeting was held August 13. At the August 18, 2015, Commissioners requested that this matter be placed on the September 1 agenda for consideration as an Ordinance Introduction.
Background: In April 2014, the U.S. Supreme Court upheld a voter-approved Michigan ballot Proposal 2 from 2006. The resulting enactment of Proposal 2 became Article I, Section 26 of the Michigan Constitution, which provides, in relevant part:
"The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting."
Article 26 of the Michigan Constitution defines "State" to include "any city." There is one exception to the prohibition against racial or gender-based preferences, which is where it is required in order to maintain eligibility for any federal program and ineligibility would result in the loss of federal funds. See Article I, Section 26(4).
The U.S. Supreme Court decision held that "voters in the States may choose to prohibit the consideration of racial preferences in government decisions," which is what Michigan voters chose to do in 2006 with the passage of Proposal 2 that year. With the U.S. Supreme Court upholding the constitutionality of this proposal, it was necessary to amend City ordinances that contain some form of racial or gender-based preferences to eliminate such provisions.
Most of the revisions are self-explanatory when reviewing the track changes attachment. The following are additional comments regarding certain proposed revisions:
208.10(c) - The preference given to minorities and women was eliminated. Equal opportunity language may remain but not affirmative action.
230.03(a) - Urban Development Action Grants or loans no longer exist thus this reference was eliminated. Affirmative action-type preferential treatment provisions were eliminated.
230.03(c) - This provision was amended to make clear that where federal laws require data to ensure compliance with affirmative action requirements are met in order to remain eligible for grant funds, it is acceptable. The Michigan amendment only applies to the State and local governments, not to the Federal government which, thus far, may still have affirmative action programs.
294.20 - The provision entitled "Affirmative Action" is deleted as required to conform with Article I, Section 26. Any reference to preferences and numbers of minorities and women that must be hired are deleted. However, the section is revised to make clear that the City remains an "Equal Employment Opportunity Employer." Additional language was added regarding classifications which are protected from discrimination in employment, consistent with the City's anti-discrimination ordinance adopted in 2013 in Chapter 214.
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