1 00:00:03,630 --> 00:00:22,830 Now we can continue on. I think we're using the same zoom link. There's no changes with all of that. So it was everyone can stay on. And that brings us to our originally scheduled meeting, which is a work session. We've got a number of items down there. We still have a call us to order. We still have the same members present. 2 00:00:25,890 --> 00:00:33,530 You see the agenda in front of you. We have the four items there. I'll hear a motion to approve it. 3 00:00:33,530 --> 00:00:34,730 agenda when you're ready, please. 4 00:00:36,340 --> 00:00:38,780 Oh, make a motion to approve the agenda as submitted. 5 00:00:39,620 --> 00:00:40,000 I'll second. 6 00:00:40,520 --> 00:00:40,800 Thanks. 7 00:00:40,840 --> 00:00:41,340 Any discussion? 8 00:00:41,720 --> 00:00:43,440 Anything we've missed or overlooked? 9 00:00:44,280 --> 00:00:46,560 All those in favor of approving the agenda, please. 10 00:00:46,780 --> 00:00:47,160 Give me a sign. 11 00:00:47,700 --> 00:00:48,240 Thank you. 12 00:00:48,320 --> 00:00:49,140 That's a no. 13 00:00:49,240 --> 00:00:49,840 Also, Bonnie. 14 00:00:51,100 --> 00:00:54,690 I guess we'll dive right in. 15 00:00:54,810 --> 00:00:56,410 Our first order of business rip. 16 00:00:57,750 --> 00:00:58,710 No, excuse me. 17 00:00:58,810 --> 00:01:00,010 This is Jackie. 18 00:01:07,650 --> 00:01:08,330 Good evening. 19 00:01:08,610 --> 00:01:10,290 Everyone, I'm really excited to be here. 20 00:01:10,290 --> 00:01:28,230 I am here to officially kick off the planning period for Economic Development Strategic Plan in May, the Economic Development Department released an RFP and in August, the Mayor and City Council awarded the contract to KB Advisory Group. 21 00:01:28,830 --> 00:01:36,470 I want to thank Tucker North Lake CID, Tucker Summit CID and the Tucker DDA who all have come together to support this plan. 22 00:01:36,470 --> 00:01:44,370 With that, I want to introduce Jeff Koski with the President of KB Advisory Group who will be kicking this off with the presentation. 23 00:01:50,000 --> 00:01:50,680 Very much, Jackie. 24 00:01:51,020 --> 00:01:52,500 Marin Council, thank you very much. 25 00:01:52,640 --> 00:01:53,480 It's good to see you again. 26 00:01:53,580 --> 00:02:00,020 I was here not too long ago as you approved the beginning of this plan and now we're getting going. 27 00:02:00,320 --> 00:02:04,200 So we wanted to kind of give you a short update and dive in a little bit. 28 00:02:04,400 --> 00:02:11,120 And most importantly for me, I want to introduce my team to you because the hard work is going to be done 29 00:02:11,120 --> 00:02:14,040 and by all of us, but mostly by the people 30 00:02:14,040 --> 00:02:16,220 that you'll be introduced to later tonight, 31 00:02:16,420 --> 00:02:19,440 but as well as your staff and yours. 32 00:02:22,620 --> 00:02:24,380 Again, we appreciate the opportunity to be here 33 00:02:24,380 --> 00:02:25,260 and to work with you all. 34 00:02:25,580 --> 00:02:26,800 We've had a great day here. 35 00:02:27,140 --> 00:02:29,260 You graciously hosted us a city hall. 36 00:02:29,440 --> 00:02:30,480 We've been doing interviews. 37 00:02:30,740 --> 00:02:31,360 We've been touring. 38 00:02:32,060 --> 00:02:33,440 We had lunch at local seven. 39 00:02:34,040 --> 00:02:37,180 So we're getting to really know you. 40 00:02:37,400 --> 00:02:40,260 We're starting to got a long way to go to get there, 41 00:02:40,580 --> 00:02:42,100 but we will get there. 42 00:02:42,100 --> 00:02:48,100 Again, just as a matter of sort of review, if you will, of who we are, again you can 43 00:02:48,100 --> 00:02:51,080 see the project lead is my firm KB Advisory Group. 44 00:02:51,340 --> 00:02:54,900 We are local, we are offices are in Midtown, Atlanta. 45 00:02:56,000 --> 00:03:01,200 We do real estate market analysis and economic development consulting throughout the region, 46 00:03:01,340 --> 00:03:03,760 throughout the state, throughout the southeast. 47 00:03:04,520 --> 00:03:11,200 We have put together a team that we're really happy and proud of, and they will hear from 48 00:03:11,200 --> 00:03:16,780 them. My public engagement is being led by Urban Pulse and Christopher Pike is a former 49 00:03:16,780 --> 00:03:21,180 economic development director of the city of South Fulton, so also a fairly new city in 50 00:03:21,180 --> 00:03:28,340 the Atlanta region. So he has a ton of experience and understands how to sort of go through the 51 00:03:28,340 --> 00:03:34,040 first economic development strategic plan. He led that in South Fulton. So he's on the consulting 52 00:03:34,040 --> 00:03:41,020 side and leading our public engagement. So he will have a lot of great insights. And then 53 00:03:41,020 --> 00:03:45,200 And Molly McKay is with Will Dan out of Washington DC. 54 00:03:45,420 --> 00:03:49,440 She brings national insight as well as being a certified economic developer. 55 00:03:49,920 --> 00:03:55,780 So she's got a lot of experience and is already bringing some wonderful ideas to the table. 56 00:03:56,280 --> 00:03:57,400 I'm excited about that. 57 00:03:57,580 --> 00:04:02,860 So again, just to give everyone just a brief kind of introduction of what we're doing here, 58 00:04:03,640 --> 00:04:06,600 this is the city's first economic development strategic plan. 59 00:04:07,200 --> 00:04:11,000 But really, it's obviously, you know, you all know you've been through a lot of work. 60 00:04:11,000 --> 00:04:15,920 to get to this point and have done a tremendous amount of wonderful planning that we will build on. 61 00:04:16,300 --> 00:04:21,920 And I think that's important to think about and to name that we're not showing up here, 62 00:04:22,160 --> 00:04:29,980 you know, starting to ground zero and you guys have laid a fantastic groundwork for all of that that will come next. 63 00:04:30,580 --> 00:04:36,500 And so again, the kind of the big idea, the vision statement, if you will, is that this plan, 64 00:04:36,500 --> 00:04:41,680 the EDSP is going to create the foundation for the City of Tuckers near-term economic development 65 00:04:41,680 --> 00:04:48,200 policies, programs and investments. So that's really kind of the crux of it. What should Jackie 66 00:04:48,200 --> 00:04:53,640 be focused on and her staff? And you all really, I mean obviously everybody's involved in economic 67 00:04:53,640 --> 00:05:00,340 development. So it really sets the stage and again the goals, so if you think about strategy, right, 68 00:05:00,420 --> 00:05:05,840 you've got a big vision statement and we kind of drill down the goals. And so again the goal of all 69 00:05:05,840 --> 00:05:11,020 this is to really guide the planning and again it does bleed over into zoning and other 70 00:05:11,020 --> 00:05:16,480 elements within city hall but we're taking we're taking a look through the economic 71 00:05:16,480 --> 00:05:22,700 development lens hopefully to attract quality investment going going forward and then 72 00:05:22,700 --> 00:05:27,480 obviously to really kind of shape not just just to attract development but to really kind 73 00:05:27,480 --> 00:05:34,380 of shape who you are right as kind of on an economic from an economic standpoint to sort 74 00:05:34,380 --> 00:05:39,100 to build some consensus about what is your community's vision for the future. 75 00:05:39,300 --> 00:05:44,020 And that's a big word that we want to try to keep on the table if you will's consensus, 76 00:05:44,200 --> 00:05:44,300 right? 77 00:05:44,460 --> 00:05:45,880 Not everybody agrees with everything. 78 00:05:46,380 --> 00:05:51,160 Not everybody's going to agree with everything, but can we find some consensus that really helps 79 00:05:51,160 --> 00:05:55,400 define your vision for your future, again, from an economic development standpoint? 80 00:05:55,940 --> 00:06:01,240 And then, of course, once we've got a vision, once we've got a plan, a strategy, and then 81 00:06:01,240 --> 00:06:02,180 it's about implementation. 82 00:06:02,180 --> 00:06:07,280 And so that's key to all of this is that, you know, everyone knows about the proverbial 83 00:06:07,280 --> 00:06:13,250 plan that sits on the shelf and never gets to use, and of course that's what, and so 84 00:06:14,050 --> 00:06:18,730 focusing on really implementing this plan that will be developing over the next six months 85 00:06:18,730 --> 00:06:20,350 is hugely important. 86 00:06:20,750 --> 00:06:26,490 So with that, that is as much as I really want to say because I want you to, again, to meet 87 00:06:26,490 --> 00:06:30,350 the folks that are going to be doing the work, so the hard work, the hardest work. 88 00:06:30,350 --> 00:06:34,070 And so I want you to meet Tate Davis, who is a project manager. 89 00:06:34,390 --> 00:06:38,390 So Tate is really the person who is Jackie's main point of contact. 90 00:06:38,630 --> 00:06:42,910 And so that's why I want to show up and let you meet Tate a little bit, 91 00:06:43,010 --> 00:06:45,190 and she'll continue to tell you a little bit more about the plan. 92 00:06:45,310 --> 00:06:46,410 But again, thank you for your time. 93 00:06:49,910 --> 00:06:51,350 Good evening. I'm Tate Davis. 94 00:06:51,590 --> 00:06:55,350 And so I'm with Kaby Advisory, and we'll be the project manager for this project. 95 00:06:55,350 --> 00:06:57,930 And so I just want to walk you through the expectations, 96 00:06:57,950 --> 00:07:00,850 what it is we're going to be looking at to answer, 97 00:07:00,850 --> 00:07:07,190 to get to this ultimate deliverable to the city of Tucker and walk you through the timeline, 98 00:07:07,190 --> 00:07:11,670 so what you can expect and what that looks like getting to the finish line in March. 99 00:07:12,790 --> 00:07:15,910 So first, I kind of like to explain this in three buckets. 100 00:07:17,070 --> 00:07:22,910 So the first is really, our community engagement and our public engagement for the citizens 101 00:07:22,910 --> 00:07:23,470 of Tucker. 102 00:07:23,750 --> 00:07:28,950 What is the data that we can collect from them, both qualitative and quantitative, and of 103 00:07:28,950 --> 00:07:34,910 course Christopher Pike with Urban Pulse will be a part of that process too and is a wealth 104 00:07:34,910 --> 00:07:41,330 knowledge and public engagement. And the second is Tucker has many assets in one of which 105 00:07:41,330 --> 00:07:46,530 is an engaged business community. And so we want to hear from the business community and from 106 00:07:46,530 --> 00:07:51,510 that side of things and make sure that any visions that come from the community, any visions 107 00:07:51,510 --> 00:07:56,070 that come from the business community, let's find this common ground and the common vision 108 00:07:56,070 --> 00:08:02,850 for that. And finally, the economic profile report in that competitive benchmark so you can 109 00:08:02,850 --> 00:08:09,070 understand where you will be going, what's the trajectory and where are those goals that you 110 00:08:09,070 --> 00:08:10,810 want to hit once we've set the vision. 111 00:08:16,090 --> 00:08:20,090 And so this next slide really is what are the questions 112 00:08:20,090 --> 00:08:26,390 that we're going to answer. So I've kind of outlined the audiences that we're going to be, you know, 113 00:08:27,830 --> 00:08:31,590 getting these answers from, but what is the it factor for Tucker? 114 00:08:32,170 --> 00:08:38,850 And obviously the amount of assets and the amount of plans that have already been laid out are wonderful and great, 115 00:08:38,990 --> 00:08:46,110 and how can we use all of those and bring that synergy together to understand what industries exist here, 116 00:08:46,650 --> 00:08:52,910 what industry should be targeted, and how can we align that with all of the other initiatives that are going on? 117 00:08:52,910 --> 00:08:57,890 the expanding trail system, how is that an asset for economic development, if it's just 118 00:08:57,890 --> 00:08:58,550 one example? 119 00:08:59,810 --> 00:09:04,350 And then how do you, that's Tucker internally, but where does Tucker sit regionally? 120 00:09:04,910 --> 00:09:09,710 And that's the next kind of viewpoint that we're going to look at, and making sure that 121 00:09:09,710 --> 00:09:14,770 all of these come together in a way that we're getting best practices, the best policies, 122 00:09:15,210 --> 00:09:20,290 and really the best programs that Jackie and her team can implement moving forward that 123 00:09:20,290 --> 00:09:20,830 are tangible. 124 00:09:21,470 --> 00:09:26,570 Again, the plan, the shelf does nothing for anybody, and so we want to make sure we're 125 00:09:26,570 --> 00:09:31,790 building that consensus throughout the entire process from all parties to ultimately 126 00:09:31,790 --> 00:09:35,670 get to something that can be acted upon for the betterment of Tucker. 127 00:09:36,930 --> 00:09:40,310 And so this next schedule kind of shows you where we are. 128 00:09:40,470 --> 00:09:42,490 So this is a kickoff, which is wonderful. 129 00:09:43,070 --> 00:09:44,390 I'm very excited to be here. 130 00:09:44,530 --> 00:09:50,530 We've started to kick off our public input and engagement plan, so we've got that running 131 00:09:50,530 --> 00:09:55,150 through the end of November and that's let Christopher Pike give him to that so it won't steal 132 00:09:55,150 --> 00:10:01,570 his thunder. But really going through November to do that outreach both to the community 133 00:10:01,570 --> 00:10:06,950 at large and to our strategic stakeholders that are important in the dialogue of Tucker's 134 00:10:06,950 --> 00:10:12,190 future. The second that we'll be working on in the early term and really these the demographic 135 00:10:12,190 --> 00:10:16,610 and economic profile report and the Tucker and regional industry evaluations are really 136 00:10:16,610 --> 00:10:22,350 think of those as the baseline. Where's Tucker today? What does that look like? And that 137 00:10:22,350 --> 00:10:28,090 makes with the public engagement, we'll all feed into our SWOT analysis and consensus 138 00:10:28,090 --> 00:10:33,730 building. So once we've collected the data, we understand the many paths that could be taken. 139 00:10:34,230 --> 00:10:40,610 How do we narrow that down? How do we really all agree on what is the story to be told? 140 00:10:45,950 --> 00:10:46,550 And 141 00:10:46,550 --> 00:10:52,910 I mean, Jackie, I've had lots of conversations that toolbox should be concise and be 142 00:10:52,910 --> 00:10:54,370 able to be implemented effectively. 143 00:10:55,130 --> 00:11:00,710 And so finally, the plan creation and the presentations will work through the end of March. 144 00:11:01,050 --> 00:11:02,570 So that's really looking at next year. 145 00:11:03,090 --> 00:11:10,270 Once we've kind of set the stage in the beginning, and let's work through iterative policies 146 00:11:10,270 --> 00:11:14,730 on programming, and does that fit, make sure everybody's on board. 147 00:11:14,730 --> 00:11:17,970 because we're not all in board and then it doesn't get blended, that's not what we want. 148 00:11:19,090 --> 00:11:24,910 And so, that kind of outlines the entirety of our process here, but the public engagement 149 00:11:24,910 --> 00:11:29,350 is where we are right now, so I do want to hand it off to Christopher Pike, he's going 150 00:11:29,350 --> 00:11:34,010 to go through the public engagement and outreach program and- 151 00:11:38,420 --> 00:11:42,320 Mayor council good evening, I'm glad to be here, excited to be here. 152 00:11:43,840 --> 00:11:46,220 This plan is a little bit personal for me. 153 00:11:46,220 --> 00:11:50,820 some of y'all may know that actually grew up in Tucker. I moved to Tucker when I was about five 154 00:11:51,280 --> 00:11:58,400 and went to smoke rise and Brockett and then graduated from Tucker High School in 97. So it's been a 155 00:11:58,400 --> 00:12:03,700 while since I've been back to Tucker but definitely familiar with the community and it's been a big 156 00:12:03,700 --> 00:12:10,440 part of my life. So very excited to be here and to be involved with the first economic development 157 00:12:10,440 --> 00:12:15,840 strategic plan for the city. One of the things is an economic development professional that I always 158 00:12:15,840 --> 00:12:22,660 say is the hallmark of a good plan is only as good as community involvement, community engagement. 159 00:12:23,080 --> 00:12:28,320 And what community engagement does is allows you to create a plan and when you start implementing 160 00:12:28,320 --> 00:12:33,780 the plan, you don't have citizens coming to meetings and pitchforks upset about something that you're 161 00:12:33,780 --> 00:12:40,260 doing in the plan. And so as long as citizens have input in that plan, you generally don't have 162 00:12:40,260 --> 00:12:44,620 a lot of pushback when you start implementing things. I'm not saying all the time, 163 00:12:44,620 --> 00:12:49,240 I'm not giving you 100 percent guarantee, but it's always great to have public input when 164 00:12:49,240 --> 00:12:50,260 you're creating a plan. 165 00:12:50,940 --> 00:12:55,840 We want to make sure that this plan is something that represents the city. 166 00:12:56,440 --> 00:13:00,900 As I tell people, as an economic development professional when you come in, our job is to 167 00:13:00,900 --> 00:13:06,760 help the city be the best version of itself, not to be a community like somebody else's. 168 00:13:06,960 --> 00:13:11,720 So our job is to create a plan to make the city of Tucker the best version of itself and 169 00:13:11,720 --> 00:13:12,600 what it wants to be. 170 00:13:12,600 --> 00:13:19,100 So having said that, we've created four opportunities for the community to engage in person. 171 00:13:20,060 --> 00:13:25,040 Those meetings will be between City Hall and the City Hall Annex in downtown. 172 00:13:25,960 --> 00:13:31,500 There will also be a community survey so folks who aren't able to participate in the in-person 173 00:13:31,500 --> 00:13:37,160 meetings, we definitely still want to receive feedback from them and so the survey will be released 174 00:13:37,160 --> 00:13:42,420 this week and then citizens can go and take the survey which will give us 175 00:13:42,420 --> 00:13:46,440 similar information that we receive in a in-person meeting. So that gives 176 00:13:46,440 --> 00:13:52,420 everyone an opportunity to engage either a lot virtually or in person at one 177 00:13:52,420 --> 00:13:56,160 of our focus meetings. The other thing that we're going to do is speak with 178 00:13:56,160 --> 00:14:01,920 stakeholders. We will be setting up meetings not only with community stakeholders 179 00:14:01,920 --> 00:14:06,240 but also with the elected as official as well. We'll have one-on-one meetings with 180 00:14:06,240 --> 00:14:10,320 each one of you all to get your input and your thought processes as well as 181 00:14:10,320 --> 00:14:15,700 relates to the strategic plan and those all of those comments that we get 182 00:14:15,700 --> 00:14:19,660 back from the stakeholders and also the community will inform some of the 183 00:14:19,660 --> 00:14:25,020 next steps as it relates to actionable items in the strategic plan which is 184 00:14:25,020 --> 00:14:31,140 when it's delivered to the to the city. So having said that we definitely look 185 00:14:31,140 --> 00:14:35,880 forward to working with you all to create one of the best strategic plans for this 186 00:14:35,880 --> 00:14:40,540 community and something that you all can be proud of and so at this time we will 187 00:14:40,540 --> 00:14:45,860 answer any follow-up questions if it's desire of the mayor and happy to answer 188 00:14:45,860 --> 00:14:46,980 those questions at this time. 189 00:14:50,040 --> 00:14:52,960 I see you know I've got her hand up know I'll go ahead. 190 00:14:53,920 --> 00:14:58,560 Hey good evening how are you planning on engaging the businesses that we already 191 00:14:58,560 --> 00:14:58,860 they have. 192 00:15:00,660 --> 00:15:29,720 You know, the community, but because it is what it is, I would like to know how you're planning on pulling the existing businesses and to see what they have to say as well. Yes, absolutely. So we have asked the city to identify individuals that we will create. We will basically have these stakeholder engagement meetings. And so that will come from the list that we receive because obviously local folks here on the ground would know better who we need to talk to. 193 00:15:29,720 --> 00:15:36,720 but definitely want to make sure that we're engaged with the people that are brought to our 194 00:15:36,720 --> 00:15:40,400 attention and having those those would be the stakeholder meetings that we would coordinate. 195 00:15:41,080 --> 00:15:46,460 We also have the ability to do a business focused online survey as well. 196 00:15:47,160 --> 00:15:54,100 And so if they're not able or not part of those stakeholder meetings then they can also participate in that survey as well. 197 00:15:55,700 --> 00:15:58,800 Those meetings are different from the before you just had off. 198 00:15:58,980 --> 00:15:59,340 That's correct. 199 00:15:59,480 --> 00:16:02,120 The stakeholder meetings are different than the before community meetings. 200 00:16:04,340 --> 00:16:04,480 Yeah. 201 00:16:04,600 --> 00:16:06,100 Just one last question on that. 202 00:16:06,540 --> 00:16:11,960 Are you planning on using any of the data that we already have for the businesses that we have in Tucker? 203 00:16:12,520 --> 00:16:12,580 Yeah. 204 00:16:12,700 --> 00:16:17,900 We are as part of the process reviewing all the plans and all the data that the city already has. 205 00:16:17,980 --> 00:16:22,200 And it's positioned to help us guide as we move forward with the plan. 206 00:16:22,200 --> 00:16:22,400 Yes. 207 00:16:23,180 --> 00:16:28,320 Okay, and I guess my last question is, are you going to do a stakeholder analysis on these 208 00:16:28,320 --> 00:16:29,500 groups when they come in? 209 00:16:29,540 --> 00:16:32,820 Are you just going to take names from whoever provides them? 210 00:16:34,760 --> 00:16:38,000 When you say stakeholder analysis, I guess we could provide some more context. 211 00:16:38,020 --> 00:16:39,600 Well, like, you know, sample data. 212 00:16:39,840 --> 00:16:45,380 When you're doing statistics, you have sample populations and data that might form like one 213 00:16:45,380 --> 00:16:49,940 certain group, you just make sure that you had a sample population that was unbiased. 214 00:16:51,000 --> 00:17:06,880 Yeah, absolutely. We will definitely make sure that we have a cross-section of folks that participate, because obviously we want to get as much broad feedback as possible, so definitely the more broad that we can be with the feedback that we get the better the plan will be. 215 00:17:07,560 --> 00:17:08,820 Wonderful. Thank you so much. 216 00:17:09,000 --> 00:17:09,680 Thank you. 217 00:17:10,820 --> 00:17:16,460 If I could just add to say that we are, you know, by weekly meeting set up with Jackie, 218 00:17:16,760 --> 00:17:22,060 we are very interested in working with you all and taking as much input from you all as we can. 219 00:17:22,280 --> 00:17:26,840 So if at any point along the way you feel like we're missing the mark, if you feel like we've had a meeting, 220 00:17:27,080 --> 00:17:33,100 and there were populations that were underrepresented in some way, shape or form, complaint to us. 221 00:17:33,520 --> 00:17:35,020 Call me, buck stop with me. 222 00:17:35,020 --> 00:17:44,760 I don't want to leave out of here in March and say there were certain people who didn't get touched in a way that their input wasn't provided appropriately. 223 00:17:45,160 --> 00:17:50,620 So you have my word that we will get it right, and if we're not getting it right, please let us know. 224 00:17:53,710 --> 00:17:59,390 I have two questions. One is just a clarifying question. On the survey, we'll go to the community. 225 00:18:00,130 --> 00:18:03,870 When you say release this week, is it going to be only online or will it be mailed? 226 00:18:04,730 --> 00:18:12,470 The plan is to be only online and that there will be in mailing, the link will be provided in 227 00:18:12,470 --> 00:18:14,790 mailers, but there's not a plan for... 228 00:18:14,790 --> 00:18:18,490 But there will be a mailer that goes out, shoe, everybody, or... 229 00:18:18,490 --> 00:18:24,070 Well, I mean, we were hoping to maybe get it into possibly into something that might be going out, but... 230 00:18:26,020 --> 00:18:31,980 So, as it stands tonight, there isn't a specific mailing that it's intended to, which is there was an idea 231 00:18:31,980 --> 00:18:32,640 that could we 232 00:18:35,240 --> 00:18:39,720 again hadn't hadn't thought closely about you know a particular 233 00:18:39,720 --> 00:18:45,220 male mailing for this particular survey so that could be something. Well it kind of 234 00:18:45,220 --> 00:18:50,220 leads into my next question or comment which is as we all know we have the 235 00:18:50,220 --> 00:18:53,860 public referendum that we're all public works referendum that we're also 236 00:18:53,860 --> 00:18:59,040 looking at I am seeing like two dates on October 18th right we think our next 237 00:18:59,040 --> 00:19:03,640 referendum meeting is in the morning on the 18th and this is saying the evening of 238 00:19:03,640 --> 00:19:08,700 the 18th, so I think what I've witnessed my question is how are we getting clarity 239 00:19:08,700 --> 00:19:13,580 to the community when we're putting out these opportunities for engagement about what 240 00:19:13,580 --> 00:19:18,160 they're engaging on and why it's important and that might be something to like brainstorm 241 00:19:18,160 --> 00:19:25,540 a little bit. I just I want to make sure that we're reaching people fully. We have a lot 242 00:19:25,540 --> 00:19:30,620 of messaging that's really important for our whole community in Asheville and so that's 243 00:19:30,620 --> 00:19:36,640 My, I am very anxious for us to do this, so I'm not, I'm positive towards it. 244 00:19:36,700 --> 00:19:39,860 I just want to make sure that the message gets to the places that we want to. 245 00:19:40,300 --> 00:19:44,180 Absolutely, and I appreciate you saying that, and we spent some time with communications 246 00:19:44,180 --> 00:19:44,880 folks today. 247 00:19:44,880 --> 00:19:48,360 So I think, you know, that's just going to continue to be an ongoing conversation. 248 00:19:48,780 --> 00:19:53,000 So if I don't have a great answer for you tonight, I'll tell you that we're working on it and 249 00:19:53,000 --> 00:19:53,900 we want to work on it. 250 00:19:53,940 --> 00:19:58,760 So, and I hear you that there's a lot going out there for people to pay attention to. 251 00:19:58,760 --> 00:20:01,700 So we just got to kind of cut through that, get the messaging, right? 252 00:20:02,720 --> 00:20:06,660 You could provide us content for emails. 253 00:20:07,200 --> 00:20:07,500 Absolutely. 254 00:20:07,700 --> 00:20:07,980 Absolutely. 255 00:20:08,260 --> 00:20:09,280 We can put up ourselves. 256 00:20:09,460 --> 00:20:10,080 That's our own. 257 00:20:10,440 --> 00:20:10,640 Right. 258 00:20:10,800 --> 00:20:11,860 And that's kind of the idea. 259 00:20:11,980 --> 00:20:13,160 That's usually how we work, right? 260 00:20:13,260 --> 00:20:16,600 And then you all know who gets what message is the best. 261 00:20:16,760 --> 00:20:18,440 But we can provide the content. 262 00:20:22,500 --> 00:20:26,260 Yeah, I think just as a follow-up, I think kind of to the same thing with the business community. 263 00:20:26,840 --> 00:20:30,560 Doing that kind of analysis of who did we get feedback from. 264 00:20:30,560 --> 00:20:48,620 I think that that would be really helpful for us to see on the community side because there are people in our community that we aren't always reaching and so I think we want to make sure as we're thinking about equitable economic development over time that we're making sure we're reaching all as many hours as we can. 265 00:20:48,780 --> 00:20:52,700 So just having a sense of who we are reaching and then how do we be creative about people? 266 00:20:52,700 --> 00:20:54,620 Yep, I heard you. 267 00:20:54,920 --> 00:20:55,180 Well, 268 00:20:59,370 --> 00:21:03,470 I'm just excited that Christopher Pike is coming back home to do some work here in Tucker. 269 00:21:04,050 --> 00:21:05,650 I don't know if you all know him, but he's amazing. 270 00:21:06,090 --> 00:21:07,670 I followed your work in Villa Rica. 271 00:21:08,310 --> 00:21:12,490 I don't know if people know that you are a former mayor pro tem and commissioner, right? 272 00:21:12,690 --> 00:21:13,050 And Albany. 273 00:21:13,690 --> 00:21:18,710 And your work that you did with South Fulton as they were in New City, I think years ago, 274 00:21:18,890 --> 00:21:20,130 I shared it with John, right? 275 00:21:20,310 --> 00:21:25,510 Their community plan that you guys took off on, so excited to see that you're even more amazing 276 00:21:25,510 --> 00:21:30,510 because you grew up in Tucker, so I appreciate you being here very much and looking forward to 277 00:21:30,510 --> 00:21:33,270 working with the rest of the team as well. Thank you very much. 278 00:21:37,150 --> 00:21:38,130 Anything else before they go? 279 00:21:38,270 --> 00:21:40,070 They're going to be getting harder work. 280 00:21:42,350 --> 00:21:45,770 We're local and our doors are open and you know we're 281 00:21:45,770 --> 00:21:50,930 available to you all as much as possible and we will be reaching out to you to formally get your input. 282 00:21:51,650 --> 00:21:57,090 Yeah I'm sorry before you go you've got meetings scheduled or to be scheduled with each of us and 283 00:21:57,090 --> 00:22:00,230 We're part of that input process right at the front end. 284 00:22:00,350 --> 00:22:01,330 Yep, yep, yep. 285 00:22:01,450 --> 00:22:03,070 We're just getting going like literally today. 286 00:22:03,090 --> 00:22:04,130 This is the kickoff, right? 287 00:22:04,290 --> 00:22:07,370 So we've got a lot of work ahead of us, but we look forward. 288 00:22:11,640 --> 00:22:11,940 Thank you. 289 00:22:12,060 --> 00:22:12,660 Thanks to all of you. 290 00:22:12,700 --> 00:22:13,760 I look forward to seeing you around here. 291 00:22:14,260 --> 00:22:15,260 Appreciate you coming out tonight. 292 00:22:18,950 --> 00:22:19,610 I'm going to move on. 293 00:22:19,710 --> 00:22:23,890 I called Rip a minute or two early, but now's your time, 294 00:22:23,890 --> 00:22:24,130 Rip. 295 00:22:29,960 --> 00:22:30,340 Love the green. 296 00:22:30,840 --> 00:22:33,380 They don't theme. 297 00:22:38,480 --> 00:22:40,900 Going to simply introduce the barge team. 298 00:22:41,120 --> 00:22:44,800 They're going to go through the presentation 299 00:22:44,800 --> 00:22:51,000 and answer questions and get your feedback so that we can move this plan forward. 300 00:22:57,660 --> 00:22:58,200 Welcome back. 301 00:23:26,770 --> 00:23:29,590 We have no sound on our side. 302 00:23:32,440 --> 00:23:34,000 I think that's because we're just being quiet. 303 00:23:34,520 --> 00:23:39,120 Bear with us and then we're working on the presentation. Good evening, 304 00:24:11,300 --> 00:24:11,840 Mr. Mayor. 305 00:24:12,100 --> 00:24:16,900 Council, thank you for having us here again this evening and inviting us to share our ideas with you. 306 00:24:17,440 --> 00:24:21,960 We are here to discuss and present the concepts 307 00:24:21,960 --> 00:24:23,140 that's for the Tucker Town Green. 308 00:24:23,760 --> 00:24:24,760 I am Reagan Carr. 309 00:24:24,940 --> 00:24:26,900 I'm a Senior Landscape Architect with Barge Design. 310 00:24:27,620 --> 00:24:30,120 And I'm here with my colleague, Laura Bradford. 311 00:24:30,580 --> 00:24:34,880 She is a Landscape Architect Associate with our firm. 312 00:24:35,040 --> 00:24:36,220 And she and I have been working together 313 00:24:36,880 --> 00:24:38,900 to develop the concepts for this plan. 314 00:24:39,280 --> 00:24:41,300 And tonight we're going to tag team on the presentation. 315 00:24:43,140 --> 00:24:43,540 So 316 00:24:47,660 --> 00:24:48,880 we do have a brief agenda. 317 00:24:50,160 --> 00:24:51,800 We already went through introductions. 318 00:24:52,140 --> 00:24:53,660 And so basically, we want to just kind of want 319 00:24:53,660 --> 00:24:55,940 to run through a project update to bring you up to date 320 00:24:55,940 --> 00:25:01,380 what has been done on the project thus far and then we're going to run through some of the 321 00:25:01,380 --> 00:25:04,840 things that we learned from the last couple of meetings information that we gained from 322 00:25:04,840 --> 00:25:08,700 the public meeting that we had and as well as the council meeting that we had with y'all. 323 00:25:09,180 --> 00:25:15,120 Then we're going to run into, run over our concepts and we'll go over those each and hopefully 324 00:25:15,120 --> 00:25:21,240 by the end of the evening we'll be able to settle on a consistence of one concept or bits and 325 00:25:21,240 --> 00:25:26,380 pieces of concepts that y'all might want for us to further develop into a master plan. 326 00:25:28,620 --> 00:25:30,400 So where are we right now? 327 00:25:32,240 --> 00:25:36,240 As you can see, this is the existing site, and it's roughly two acres, as y'all are familiar 328 00:25:36,240 --> 00:25:36,720 with it. 329 00:25:38,420 --> 00:25:43,700 Railroad Avenue and CSX are to the southern part or the south, the lower part of the site. 330 00:25:44,540 --> 00:25:48,200 Main street is over to the east, and then second avenue is to the west. 331 00:25:50,020 --> 00:25:53,280 We have a whole list of things that we have already done. 332 00:25:53,460 --> 00:25:55,860 We have done a site survey. 333 00:25:56,460 --> 00:26:07,240 At the last meeting we saw that we did a site analysis based on our site visit that we had done with city officials as well as numerous site visits that we had conducted ourselves. 334 00:26:07,900 --> 00:26:14,760 We have, Lauren, I went out and went out and visited several parks that were put together 335 00:26:14,760 --> 00:26:21,320 from a list that you all had asked us to go visit, put a video walkthrough together, came 336 00:26:21,320 --> 00:26:22,880 back, presented that with y'all. 337 00:26:23,540 --> 00:26:28,700 And then, you can see this side analysis that we had done, and then these, from the meeting 338 00:26:28,700 --> 00:26:33,200 that we just recently had last month, I believe, may have been a month before, we put together 339 00:26:33,200 --> 00:26:40,080 a series of graphics that illustrate the top elements that were 340 00:26:40,080 --> 00:26:45,020 listed based on the public input as well as your input. So that first table at 341 00:26:45,020 --> 00:26:48,800 the top because it's a little bit difficult to read and I can't see it even with 342 00:26:48,800 --> 00:26:52,340 my glasses on. So I'm just going to let you know what came out of it. For the 343 00:26:52,340 --> 00:26:55,760 first table where the top desired park elements express verbally during the 344 00:26:55,760 --> 00:27:01,220 public input meeting. So from the upper right, making sure that's the same 345 00:27:01,220 --> 00:27:09,100 the blue square, the element listed in the blue was a linear space or gazebo for vendors, 346 00:27:09,320 --> 00:27:16,000 food trucks, and restaurants. The orange, as you come down clockwise, were requests for 347 00:27:16,000 --> 00:27:21,220 playgrounds. The gray was a restroom building. The yellow was live music. The blue again, 348 00:27:21,320 --> 00:27:28,300 public art, green, a stage. The dark blue was a connection to the existing path that's 349 00:27:28,300 --> 00:27:31,620 currently being constructed and finished out, then the dark orange there was 350 00:27:31,620 --> 00:27:35,720 requests for lighting and then finally the dark green was for shade. You go to 351 00:27:35,720 --> 00:27:38,900 the next table over that second one was based on the top desired park 352 00:27:38,900 --> 00:27:41,700 elements from comment cards. Now they're similar because we have the same 353 00:27:41,700 --> 00:27:46,940 people the meeting. They may have been a little remiss to state them verbally and so 354 00:27:46,940 --> 00:27:51,420 we took the comment cards. So you're gonna see a lot of the same type of things but 355 00:27:51,420 --> 00:27:56,320 the blue again starting at the top almost for a great lawn that could be used for 356 00:27:56,320 --> 00:28:00,420 recreation, and then the orange was a great lawn that could be used for performances, so 357 00:28:00,420 --> 00:28:07,000 those kind of dual uses. The gray was for play space, yellow, restroom, blue, seating 358 00:28:07,000 --> 00:28:13,640 nooks, green, the permanent covered stage, blue, again, public art, dark orange was the 359 00:28:13,640 --> 00:28:18,300 stage for music, dark grapes, shadeboss, and then the top of the dark yellow was for shade 360 00:28:18,300 --> 00:28:23,760 trees. The smaller, the next one down with just the three colors were the biggest concerns 361 00:28:23,760 --> 00:28:28,880 of people had shared. The blue was for limited parking. There was been some discussion about 362 00:28:28,880 --> 00:28:33,060 not having enough parking in the area. I know that your economic development folks have done a 363 00:28:33,060 --> 00:28:39,560 serious study on that in the last couple of months over the year and have put together a pretty 364 00:28:39,560 --> 00:28:46,360 comprehensive look at how that might be rectified over the next few years. And one of them in particular 365 00:28:46,360 --> 00:28:53,300 dealt with a short-term resolve at Railroad Avenue. And we have incorporated something 366 00:28:53,300 --> 00:28:56,320 that would fit that bill in our concepts, which we'll see in a few minutes. 367 00:28:57,400 --> 00:29:02,460 The next one was potential one-way, and we had discussed about potentially changing the 368 00:29:02,460 --> 00:29:08,180 alignment or the route of railroad avenue to bring it down to one-way, taking it from 369 00:29:08,180 --> 00:29:13,360 Main Street and then having it going one-way to West and then coming out on second avenue. 370 00:29:13,480 --> 00:29:14,660 That was a big proponent. 371 00:29:14,820 --> 00:29:18,080 We had several comments that were a lot of people thought that would be a good idea. 372 00:29:18,080 --> 00:29:26,500 be easier to shut down the road itself for bigger events, food trucks, shuttle, drop-off pick-up, 373 00:29:26,820 --> 00:29:29,960 or even port-a-lay locations during big events. 374 00:29:32,800 --> 00:29:35,540 And then finally, in the gray, there was some 375 00:29:35,540 --> 00:29:41,040 discussion about having water feature. Now we got mixed messages on that. Some people were very 376 00:29:41,840 --> 00:29:50,100 for an interactive fountain. Others were not so much, but yes, we need to have it as long as it's not 377 00:29:50,100 --> 00:29:54,500 a type of water feature and so we've I think we picked up most of these 378 00:29:54,500 --> 00:29:58,340 comments in the concepts which you'll see here in a bit and finally that fourth 379 00:29:58,340 --> 00:29:58,660 table. 380 00:30:00,500 --> 00:30:20,280 Elements that we saw or heard from y'all at the last meeting. And that was, again, blue, starting in the upper right there, bench swings, and then the orange picnic areas, gray was a restroom, yellow was a water feature, preferably interactive, blue was a shade boss, and then finally the shade trees. So shade in such a large open space was was a key component. 381 00:30:23,120 --> 00:30:32,620 So concept review. We took the information that we got from both the public and y'all and we brought them back to the office. And we had a little 382 00:30:32,620 --> 00:30:34,480 a bit of a design charrette. 383 00:30:34,580 --> 00:30:36,320 And we developed three different concepts 384 00:30:36,880 --> 00:30:38,740 based on what we heard from y'all. 385 00:30:39,240 --> 00:30:40,340 And one of the things to keep in mind, 386 00:30:40,740 --> 00:30:41,460 as we're going through them, 387 00:30:41,520 --> 00:30:44,440 is you don't have to settle on just one concept. 388 00:30:44,440 --> 00:30:46,400 It's oftentimes it's bits and pieces of them. 389 00:30:46,480 --> 00:30:47,820 We bring them together to make a hybrid 390 00:30:47,820 --> 00:30:49,380 before we move to master plan. 391 00:30:49,500 --> 00:30:50,560 So that's perfectly acceptable. 392 00:30:50,560 --> 00:30:51,740 It's been done hundreds of times, 393 00:30:52,080 --> 00:30:54,100 and we've done it ourselves. 394 00:30:54,880 --> 00:30:58,720 So some of the things that we should mention, 395 00:30:59,020 --> 00:31:00,000 the concept similarities, 396 00:31:01,360 --> 00:31:05,320 I already mentioned reconfiguring Railroad Avenue into one way, all the concepts show that. 397 00:31:06,020 --> 00:31:09,940 We've envisioned Railroad Avenue being as a potential for blocked off for festivals, as 398 00:31:09,940 --> 00:31:14,600 I mentioned, utilize food trucks, shuttle drop off, portally, site events. 399 00:31:15,860 --> 00:31:19,960 It does, as I mentioned, address a parking issue. 400 00:31:20,080 --> 00:31:24,400 On each of the concepts, we have between 45 and 50 parking spaces, and that was in a short 401 00:31:24,400 --> 00:31:31,320 term, short-term solution to parking in the downtown area. 402 00:31:32,140 --> 00:31:36,680 And then each concept provides a connection to your existing path that's currently being 403 00:31:36,680 --> 00:31:37,740 constructed and finished up. 404 00:31:38,220 --> 00:31:43,620 It provides an opportunity for stormwater management underneath both the lawn areas and along 405 00:31:43,620 --> 00:31:44,040 the edges. 406 00:31:44,740 --> 00:31:47,600 I know there isn't an issue along railroad avenue. 407 00:31:48,240 --> 00:31:52,720 So we do have ideas in mind that they have not been fully developed at the concept level, 408 00:31:52,720 --> 00:31:56,740 but as we move forward those will be remedied. 409 00:31:57,100 --> 00:32:00,400 Also, each of them illustrates the desired park elements 410 00:32:00,400 --> 00:32:02,820 that we just reviewed and finally each one 411 00:32:02,820 --> 00:32:04,120 provides a restroom facility. 412 00:32:06,040 --> 00:32:08,160 So I'm going to turn this over to Laura, 413 00:32:08,420 --> 00:32:10,400 just one last brief thing. 414 00:32:11,120 --> 00:32:13,220 This is the base information that we received. 415 00:32:13,500 --> 00:32:15,540 We do have the survey information with the path 416 00:32:16,420 --> 00:32:19,180 overlaid on top of it so that we could tie everything back in. 417 00:32:23,730 --> 00:32:25,130 So this first concept is called R 418 00:32:27,240 --> 00:32:27,560 &D. 419 00:32:27,560 --> 00:32:33,120 it uses a series of concentric circles to form the different areas of the park with each 420 00:32:33,120 --> 00:32:34,860 arc representing a different area. 421 00:32:40,380 --> 00:32:47,520 Okay, so you enter and through the park from a series of wide concrete steps down into 422 00:32:47,520 --> 00:32:54,320 a versatile, flexible, plaza space with a shade box, then the knife's arc is movable seating. 423 00:32:54,820 --> 00:32:59,920 I see this being an area where people are hanging out when nothing's going on, but also 424 00:32:59,920 --> 00:33:05,260 is something where you know there's an armors market or benders or whatever they 425 00:33:05,260 --> 00:33:11,600 could set up in not space. Then the next arc is the art walk and this would have 426 00:33:11,600 --> 00:33:17,100 sculpture bases and those could either be permanent or rotating just kind of 427 00:33:17,100 --> 00:33:23,220 whatever the city decides works best with their art program. So the not space 428 00:33:23,220 --> 00:33:31,480 moves through this half semi-circle of trees and down into this lawn area. That's anchored 429 00:33:31,480 --> 00:33:36,580 by the stage in the southern central area of the park. In the lawn area, when there's 430 00:33:36,580 --> 00:33:43,900 no performances going on, could easily be a recreation lawn. It's about 0.4 acres, so it's 431 00:33:43,900 --> 00:33:51,340 a pretty decent sized open space. So moving across the park, he moved out to the trees and 432 00:33:51,340 --> 00:34:03,260 Oh, the trees would have about, I'm thinking tall trees with a 10 foot clearance, so when you're sitting in that space you can still see out what's going on in the rest of the park and you can still see in to what's going on on the lawn. 433 00:34:04,580 --> 00:34:15,940 So then, excuse me, moving to the western edge of the park, you have another flexible seating area, movable seats, a restroom building, and then this is where I put the interactive fountain. 434 00:34:15,940 --> 00:34:21,000 and so I'm envisioning parents coming having, you know, little picnics or having lunch with 435 00:34:21,000 --> 00:34:25,940 their kids or sitting there watching their kids play in the fountain and then beyond that 436 00:34:25,940 --> 00:34:32,940 is a play area in the purple and it has a concrete seat wall around it so you keep the kids 437 00:34:32,940 --> 00:34:37,120 contained, they're not running out into the street, they're not running out into the water 438 00:34:39,100 --> 00:34:44,700 feature and then on the western and northern edge of the park is going to be heavily 439 00:34:44,700 --> 00:34:51,740 vegetated just to provide visual interest, a noise buffer, and then similarly on the south 440 00:34:51,740 --> 00:34:57,660 edge of the park, this would be heavily densely vegetated with evergreen vegetation, just to 441 00:34:57,660 --> 00:35:03,120 help provide some sound buffer from the trains coming through when there's performances going on. 442 00:35:03,820 --> 00:35:12,140 And then these linear arbor's, they also could be set up for different vendors, or it could be just 443 00:35:12,140 --> 00:35:16,420 simply having benches underneath. I know that was something that we talked about 444 00:35:16,420 --> 00:35:20,760 you guys wanting. And then as Reagan said, we all wrote Avenue this one way and 445 00:35:20,760 --> 00:35:25,980 there's about 48 10-foot wide head and parking spaces in this design. 446 00:35:32,930 --> 00:35:34,130 Oh yeah. So 447 00:35:34,130 --> 00:35:39,890 these are some of the precedent images for this concept. So the stage area which 448 00:35:39,890 --> 00:35:43,990 I'm envisioning to be permanent. But like we said, you know, you can take what you 449 00:35:43,990 --> 00:35:50,410 want and leave what you don't want. So it could be just a space for a stage, a temporary 450 00:35:50,410 --> 00:35:56,150 stage. This is kind of what I was thinking for the the boss, the shade boss with 451 00:35:56,150 --> 00:36:01,190 movable seats, interactive fountain, the plate area, you know, just having really 452 00:36:01,190 --> 00:36:07,410 fun, vibrant colors, more modern-style play structures, the artwork, just 453 00:36:07,410 --> 00:36:13,550 having really cool interesting pieces out there for the public to enjoy. 454 00:36:13,550 --> 00:36:18,290 and then just another image of some shape, the shade boss. 455 00:36:21,570 --> 00:36:26,290 Okay, so in summary, concept one has a large line to accommodate performances 456 00:36:26,290 --> 00:36:28,450 at the stage with evergreen vegetation. 457 00:36:28,450 --> 00:36:30,550 She creates a noise buffer from the train. 458 00:36:32,490 --> 00:36:36,650 Performance areas visually and spatially defined by the tree arc. 459 00:36:38,130 --> 00:36:41,850 The east side of the park is geared more towards adults with arts and sculpture. 460 00:36:41,850 --> 00:36:48,090 feeding areas, shade, boss, and tree plows in the terrace steps. While the west side of the park is more 461 00:36:48,090 --> 00:36:52,950 geared towards children or kids at heart, with the interactive fountain in the play area, 462 00:36:53,570 --> 00:36:59,110 and the new and enhanced vegetation around the western northern edges to create, to help create, 463 00:36:59,310 --> 00:37:06,790 which is to create not great, a noise buffer and provide shade and then a linear arbor to help kind of define 464 00:37:06,790 --> 00:37:09,230 that southern edge of the park from the parking area. 465 00:37:09,230 --> 00:37:10,110 Do 466 00:37:12,320 --> 00:37:15,740 you want to pause for questions about that or do you all like to get all the way through? 467 00:37:16,260 --> 00:37:16,380 The 468 00:37:20,280 --> 00:37:22,500 second concept that we're calling is its festival walk. 469 00:37:24,240 --> 00:37:28,500 And this one is more, it's geared towards a community and potential for festivals. 470 00:37:29,400 --> 00:37:31,420 The concept kind of shows an angle parking. 471 00:37:31,760 --> 00:37:33,000 Well, it doesn't kind of, it does. 472 00:37:33,260 --> 00:37:38,960 It shows angle parking, 45 degrees, roughly 42-foot wide parking spaces. 473 00:37:39,400 --> 00:37:42,020 It shows the island zero, some existing power poles there. 474 00:37:42,020 --> 00:37:46,280 So, there's the potential that those may or may not need to be relocated. 475 00:37:47,120 --> 00:37:48,920 So, we've accommodated for that. 476 00:37:49,720 --> 00:37:54,400 The main feature of this concept is the main spine that runs through it. 477 00:37:54,720 --> 00:37:56,180 It's calling it a market walk. 478 00:37:56,620 --> 00:38:02,240 It's a 12-foot wide concrete walk that would allow vendors to set up on either side 479 00:38:02,240 --> 00:38:06,140 so that you could have this whole market spine walking through or 480 00:38:06,700 --> 00:38:08,320 located through your park. 481 00:38:08,320 --> 00:38:15,900 It can also be used for, you know, just displays or even little parades, maybe there's 482 00:38:15,900 --> 00:38:19,540 a staging area, so there's all kinds of things that could happen with that. 483 00:38:20,380 --> 00:38:25,300 This concept provides various entrance, a variety of entrance points into the park. 484 00:38:25,580 --> 00:38:32,700 The one that you see in this upper northeast corner here provides a terraced seating area 485 00:38:32,700 --> 00:38:37,700 right now as the path comes in, there's like a three to four foot drop, and so this makes 486 00:38:37,700 --> 00:38:42,060 that grade by pre-creating a terrorist seating area under the shade of some shade sales there. 487 00:38:44,120 --> 00:38:49,880 It is high enough that you can overlook the rest of the park and those shade sales are intended 488 00:38:49,880 --> 00:38:54,500 to be cantored back so that the front is a bit higher than the back so you can still see under, 489 00:38:54,720 --> 00:38:57,740 as Laura had mentioned with the trees, the same situation with the shade sales. 490 00:38:58,540 --> 00:39:02,980 It functions as an extension of the path system. It allows for a variety of seating options, 491 00:39:02,980 --> 00:39:08,760 movable tables, seating walls and it steps way down into the park and it 492 00:39:08,760 --> 00:39:16,040 provide areas for dining or whatever. The large chase sales, as I mentioned, 493 00:39:16,280 --> 00:39:20,020 create a cooler environment, I mean that's a wide open space as it is now and it 494 00:39:20,020 --> 00:39:24,260 just offers another option as far as shade within the park. 495 00:39:30,700 --> 00:39:31,660 The southern 496 00:39:31,660 --> 00:39:39,460 Plaza area. There is, it can function as a stage during musical events. There's a opening 497 00:39:39,460 --> 00:39:44,400 up at the front where you can see where it's at stage. Or it can just be an inviting entry 498 00:39:44,400 --> 00:39:49,300 for other days when there's not something event-wise happening in the park. You can have 499 00:39:49,300 --> 00:39:55,100 that function as just like another cool spot because of the the arbor structure in there. 500 00:39:55,260 --> 00:39:58,900 We've also located kind of a fountain. It can serve as either an interactive fountain or 501 00:39:58,900 --> 00:40:02,220 just a water feature. Also it has the option to be flip-flop right now and 502 00:40:02,220 --> 00:40:06,660 showing a larger pool on the inside but if it's not going to be interactive or 503 00:40:06,660 --> 00:40:10,260 whatever you could flip it and just kind of have a small trough happening 504 00:40:10,260 --> 00:40:15,660 there which is some some white noise to kind of what deaden the sound of the 505 00:40:15,660 --> 00:40:19,360 train not that you know the train's not loud and then just landscape behind it 506 00:40:20,060 --> 00:40:24,820 so there's just some versatility going on there in addition to the to the 507 00:40:24,820 --> 00:40:29,560 The harbor, we've included some bench swings that would hang there so you can sit either 508 00:40:29,560 --> 00:40:31,940 facing the plaza or looking out onto the lawn. 509 00:40:32,700 --> 00:40:37,300 The northwest corner up here off the second avenue, there's nothing that really announces 510 00:40:37,300 --> 00:40:41,460 that there's a park happening there and so we've included a little entry there and it has 511 00:40:41,460 --> 00:40:45,820 a plaza along the second avenue with the stairs that's kind of stepped down into it with 512 00:40:45,820 --> 00:40:51,880 another plaza at the bottom that serves as a terminus to the spine trail, spine path. 513 00:40:53,840 --> 00:40:55,200 And then in the 514 00:40:58,050 --> 00:41:02,010 entry to the north, sorry I got lost there for a second, the entry to 515 00:41:02,010 --> 00:41:06,370 the north coming off the path, you meet great right out about this location as if you 516 00:41:06,370 --> 00:41:11,210 all have walked out, had the opportunity to walk out there, and this just kind of reinforces 517 00:41:11,210 --> 00:41:18,350 this axial relationship from this plaza area down to the stage area, and then you would walk 518 00:41:18,350 --> 00:41:22,670 through an order bird to, again, announce that you're entering into park and it becomes 519 00:41:22,670 --> 00:41:23,450 a special place. 520 00:41:26,030 --> 00:41:30,990 The spectator lawn that is all through here is roughly three-quarters of an acre. 521 00:41:32,610 --> 00:41:38,730 Based on where the stage is located, there should be ample opportunity to see from any direction 522 00:41:38,730 --> 00:41:44,510 as you sit on the park. The three-quarter of an acre is a little bit larger than one of the projects 523 00:41:44,510 --> 00:41:48,530 that we have in Sandy Springs where they use that for their festival lawn, their event lawn. 524 00:41:48,530 --> 00:41:54,590 It's about half an acre and during their events they can just moderate events they can see between 3 and 4,000 people on 525 00:41:56,130 --> 00:42:00,010 Larger events and say do you have like another half acre of hard how would escape around it? 526 00:42:00,050 --> 00:42:02,250 They can fit up to 8,000 people within that park 527 00:42:02,690 --> 00:42:06,970 So there is a lot of opportunity to have things happening within this town green 528 00:42:07,750 --> 00:42:11,910 We've cited a restroom building, which is typical in each of the concepts that you that you'll see 529 00:42:12,570 --> 00:42:15,970 This one I've located over here in the South East corner 530 00:42:15,970 --> 00:42:25,910 25 by 25 so you get probably two regular stalls in an accessible stall for men and women 531 00:42:25,910 --> 00:42:31,370 or if you wanted to go gender neutral, that's an opportunity as well. 532 00:42:33,050 --> 00:42:33,310 Let's see. 533 00:42:33,950 --> 00:42:41,570 We've also included a 12,000 square foot playground at this western edge. 534 00:42:41,570 --> 00:42:47,130 And the intent here is for it to be just a single piece of playground equipment. 535 00:42:47,130 --> 00:42:50,830 If you're familiar with the Berliner type playground, something that is sculptural, but 536 00:42:50,830 --> 00:42:54,390 provides a lot of play value, that's what we envision for that location. 537 00:42:55,310 --> 00:42:59,290 And then finally to help connect all the elements of the park and kind of create a continuous 538 00:42:59,290 --> 00:43:02,330 loop so you could do circuits if you wanted during lunchtime or whatever. 539 00:43:02,790 --> 00:43:08,850 We have a eight foot wide garden walk that kind of meanders through linking all the elements. 540 00:43:08,850 --> 00:43:14,910 as I mentioned, a landscape to bring color and soften the edges and also add some noise 541 00:43:14,910 --> 00:43:21,310 abatement along the edges. Each of those landscape beds can also be used for water infiltration, 542 00:43:21,670 --> 00:43:26,330 as the lawn also can be used as infiltration or storage. 543 00:43:28,530 --> 00:43:30,730 As Laura had, I also had precedent 544 00:43:30,730 --> 00:43:35,210 images. These are just kind of some of the things that you can see, the market walk, whoops, 545 00:43:35,210 --> 00:43:41,510 the shade structures, interactive fountain or just a trough type fountain, this is the 546 00:43:41,510 --> 00:43:45,890 Berliner type play feature that I was speaking of, there you have a whole selection of interesting 547 00:43:45,890 --> 00:43:49,230 things, and then of course the garden work that I meant to mention. 548 00:43:50,890 --> 00:43:55,570 Again summary geared towards the community, there's a wide central spine for vendor displays, 549 00:43:56,210 --> 00:44:00,350 provides an expansion of the existing path and connection to business district via the 550 00:44:00,350 --> 00:44:03,850 Here's Plaza, as a versatile temporary stage at the park entrance. 551 00:44:04,450 --> 00:44:07,910 There's also a versatile spectator lawn that includes stormwater management. 552 00:44:08,470 --> 00:44:12,050 The garden walks off and so hard edge is agent water infiltration and noise abatement 553 00:44:12,050 --> 00:44:15,950 and then the sculptural plague equipment with a lot of plague value. 554 00:44:21,000 --> 00:44:23,460 Okay, so our final concept is called Art Pavilion. 555 00:44:25,580 --> 00:44:29,140 And the main feature of this concept is a large overhead shade structure, 556 00:44:33,540 --> 00:44:36,280 so here, so it's 557 00:44:36,280 --> 00:44:38,580 It's about 3,200 square feet, so it's very large. 558 00:44:38,580 --> 00:44:41,720 It would definitely be a kind of defining piece in the park. 559 00:44:42,880 --> 00:44:49,460 It could either be an arbor, it could be shade sales, whatever would work best in that 560 00:44:49,460 --> 00:44:54,720 space, but it does provide a lot of flexibility under and around it. 561 00:44:54,720 --> 00:44:58,640 and so you could have markets, dining areas, events. 562 00:45:00,270 --> 00:45:07,870 And there's also a space for public art under the structure. So this plaza is accessible from 563 00:45:07,870 --> 00:45:14,170 the new path on the western edge as well as the northern edge. There's a connection here. 564 00:45:15,470 --> 00:45:16,990 And over here, 565 00:45:19,160 --> 00:45:25,480 the shade structure is surrounded by vegetation, shade trees, flowering trees, 566 00:45:26,180 --> 00:45:33,460 and then these two playpods with movable seating and then the rest of the buildings. 567 00:45:33,820 --> 00:45:38,740 Same size as the one Reagan talked about about 25 by 25. 568 00:45:38,880 --> 00:45:40,440 So let's see. 569 00:45:41,440 --> 00:45:48,520 Then there's space here in the central area of the park for a temporary or permanent stage. 570 00:45:48,520 --> 00:45:57,620 And it's accessed from the path by another axial path from the north of the park to the south of the park. 571 00:46:03,180 --> 00:46:08,140 The western side of the park is occupied by a large event lawn surrounded by shade trees again. 572 00:46:09,060 --> 00:46:16,380 There are small secondary paths coming off of the new path with seating knicks and then there's another play pod. 573 00:46:16,380 --> 00:46:23,760 And then again, dense vegetation on that western edge, which will provide shade from the 574 00:46:23,760 --> 00:46:30,660 setting sun, as well as provide a visual and spatial buffer for the park on the northern 575 00:46:30,660 --> 00:46:31,060 end. 576 00:46:34,580 --> 00:46:40,200 And then there is a stairway as well on this one coming down from second avenue into kind 577 00:46:40,200 --> 00:46:44,460 of a landing plaza area going on to the path. 578 00:46:44,460 --> 00:46:45,260 And 579 00:46:48,500 --> 00:46:56,640 so some preset images for this concept, you know, really fun, vibrant are a large event 580 00:46:56,640 --> 00:46:57,120 one. 581 00:46:58,020 --> 00:47:01,140 You know, we're kind of envisioning something like this for that shade structure. 582 00:47:01,360 --> 00:47:06,600 I mean, it might be more of a dynamic shape, but that kind of scale. 583 00:47:08,260 --> 00:47:16,340 You know, you have fun play structures like this in those play pods, temporary sage, and then just a fun image 584 00:47:16,340 --> 00:47:23,060 of how that main plaza area might look with the vegetation kind of meandering around it. 585 00:47:26,320 --> 00:47:32,800 So in summary, Concept 3 is rich in the art focus as large art dining pavilion as the park center, 586 00:47:33,480 --> 00:47:39,700 flexibility with the stage, a versatile event one, multiple play areas disperse throughout the park, 587 00:47:40,100 --> 00:47:46,240 flexible seating areas, and enhancement vegetation to provide noise abatement and visual interest. 588 00:47:49,120 --> 00:47:50,400 Those are our concepts. 589 00:47:52,700 --> 00:47:57,360 That is the end of our our concept presentation. So we can take questions 590 00:47:57,360 --> 00:47:58,100 We 591 00:48:01,430 --> 00:48:06,930 can tell us go ahead with this one. Yeah, what you like to end up with is some feedback from us that helps you to the next step, right? 592 00:48:09,170 --> 00:48:11,030 You have a question of thought? 593 00:48:11,250 --> 00:48:16,290 A little question. We're out ahead. Okay. Thank you. Thank you. You have a ability to switch back and forth between those 594 00:48:16,290 --> 00:48:18,470 pretty quickly because I have some questions. 595 00:48:19,370 --> 00:48:21,390 Should we start as everyone should start with? 596 00:48:23,210 --> 00:48:25,250 The first one would be okay. 597 00:48:25,610 --> 00:48:33,910 would work. So I guess actually for all three of them and thank you for pulling all this together 598 00:48:33,910 --> 00:48:38,550 and hosting the public community meetings. I think we received some really good feedback. 599 00:48:39,550 --> 00:48:44,970 I'm just curious in each one of these how large the stage is, 600 00:48:45,550 --> 00:48:52,090 concept wise, when it comes, you know, how many musicians can stand up on that stage and, you know, 601 00:48:52,090 --> 00:48:58,010 What's the flexibility in hosting at, you know, we host the events here in Tucker, Tucker. 602 00:48:59,410 --> 00:49:03,190 So the stage in this concept is a typical band and 603 00:49:14,460 --> 00:49:14,620 stuff. 604 00:49:16,530 --> 00:49:18,410 Square footage wise, but I mean, 605 00:49:24,540 --> 00:49:24,740 great. 606 00:49:25,300 --> 00:49:31,860 And then when it comes to the restrooms, you've located them in each one in different places. 607 00:49:32,420 --> 00:49:40,380 Is there any reasoning for placing them just for options or should they be closer to one place in the park? 608 00:49:40,380 --> 00:49:46,220 versus another ideal well we we place them in different places just to show 609 00:49:46,220 --> 00:49:50,160 well variation but also I mean you what you would like to do is keep them 610 00:49:50,160 --> 00:49:54,600 based on on septid issues you know everybody has a reason to go to the rest 611 00:49:54,600 --> 00:50:00,020 room and it's a safety thing so in this one for example we're located near the 612 00:50:00,020 --> 00:50:07,780 playground for for parents yes but in that in this case the doors would be faced 613 00:50:07,780 --> 00:50:11,300 towards the parking lot so you have that passive policing so there's not you know 614 00:50:11,300 --> 00:50:14,560 someone creepy person kind of hanging around with when you have a playground and 615 00:50:14,560 --> 00:50:18,640 then you have a restroom and the second concept is over in the southeast 616 00:50:18,640 --> 00:50:24,340 corner situated away from the playground it's so proximate but again it's it's on 617 00:50:24,340 --> 00:50:27,660 the on the parking lot so that there is that passive policing I guess it's the 618 00:50:27,660 --> 00:50:32,220 same on the third concept over just moved over a bit more so but I think we could 619 00:50:32,220 --> 00:50:33,220 we could accommodate it. 620 00:50:34,200 --> 00:50:34,580 Pretty much. 621 00:50:34,860 --> 00:50:35,440 All right. 622 00:50:35,620 --> 00:50:36,000 Thank you. 623 00:50:36,260 --> 00:50:43,240 And then when it comes to the water feature in Concept 1 and 2, 624 00:50:43,900 --> 00:50:48,060 they are play features for kids to play in the water that 625 00:50:48,060 --> 00:50:49,240 are fountains. 626 00:50:49,500 --> 00:50:50,080 Is that correct? 627 00:50:50,620 --> 00:50:52,140 Or did I'm... 628 00:50:53,840 --> 00:50:54,040 Okay. 629 00:50:55,120 --> 00:50:57,700 And then in Concept 2, you have the option. 630 00:50:57,780 --> 00:51:00,160 It could be interactive, or it could just be... 631 00:51:00,160 --> 00:51:00,860 There's a water feature. 632 00:51:01,160 --> 00:51:02,300 It could just be... 633 00:51:02,300 --> 00:51:02,540 Okay. 634 00:51:02,540 --> 00:51:03,500 just something to make noise. 635 00:51:09,600 --> 00:51:14,140 I'm going to start with water feature and backwards. I think, 636 00:51:16,180 --> 00:51:23,620 so mom of three small kids, I get why having an interactive water feature is appealing. Also don't 637 00:51:24,140 --> 00:51:29,760 personally care if I have it or not, but I would like to see more of the passive water feature 638 00:51:30,460 --> 00:51:35,920 if it's possible more throughout the park. So not just in one place where you would have to travel 639 00:51:35,920 --> 00:51:43,060 do it, but where it's providing that ambient experience, micro-environment, while you're 640 00:51:43,060 --> 00:51:47,860 kind of in the park and spaces. So, I just, even if there was one other one, or, I don't 641 00:51:47,860 --> 00:51:51,500 know, in some other other place, that would, I think, something that I would enjoy. I really 642 00:51:51,500 --> 00:51:57,900 liked the site visit y'all did, where they kind of had, like, runners of water features, 643 00:51:58,120 --> 00:52:03,480 like, up on a, oh, yeah, remember which one that was. So, that, that's just some feedback 644 00:52:03,480 --> 00:52:11,140 back on that for me personally, moving, staying with the mom, the mom side of things, I also 645 00:52:11,140 --> 00:52:16,980 think that I'd love to see those play areas be more passive play, because I will tell 646 00:52:16,980 --> 00:52:21,820 you that as fun as playgrounds are, if there are rocks for my kids to climb on, that's 647 00:52:21,820 --> 00:52:22,800 what they're climbing on, right? 648 00:52:23,020 --> 00:52:27,080 And so, when you see swing sets, only a few kids can swing on those, so it doesn't really 649 00:52:27,080 --> 00:52:29,640 like open it up to multiple people in the community. 650 00:52:30,120 --> 00:52:36,920 You know, Piedmont Park has that one kind of pocket playground that's really art sculptures that kids can climb on. 651 00:52:37,160 --> 00:52:41,780 They're painted bright colors, but they look art, but they're not sort of what you traditionally think of. 652 00:52:42,160 --> 00:52:44,540 And the types of playgrounds that we have in other parts of our community. 653 00:52:44,800 --> 00:52:49,000 So I like the idea of because I know that that was something from the public input meeting. 654 00:52:49,140 --> 00:52:51,600 There are people on kind of both sides like full on playground. 655 00:52:52,200 --> 00:52:53,760 No, we don't want kids at all. 656 00:52:54,480 --> 00:52:58,800 And I think maybe a happy medium is finding a way to make those be like built-in, like, 657 00:52:58,980 --> 00:53:02,000 to topographically into the space. 658 00:53:02,620 --> 00:53:05,680 It's just something I'd throw out there as I think would be interesting. 659 00:53:06,160 --> 00:53:08,060 And then my last question is about the bathroom as well. 660 00:53:09,300 --> 00:53:15,220 And I'm a North Lake CID plan that they had kind of explored had a built-in restroom 661 00:53:15,220 --> 00:53:19,920 so it kind of had a way to meet the restroom piece, 662 00:53:19,920 --> 00:53:22,700 but you also were still using some of the, again, the topography and built-in. 663 00:53:22,700 --> 00:53:24,600 And I think, again, at Piedmont Park in that same area, 664 00:53:24,960 --> 00:53:26,120 they've got something like that. 665 00:53:27,180 --> 00:53:29,700 I don't know if there's any way to incorporate that, 666 00:53:30,040 --> 00:53:32,660 but I think it's an interesting idea. 667 00:53:33,120 --> 00:53:34,960 I know that there's probably like logistical reasons 668 00:53:34,960 --> 00:53:37,960 why not, too, but if there's a way to maximize height space, 669 00:53:38,440 --> 00:53:39,360 I think that's interesting. 670 00:53:41,650 --> 00:53:44,170 But the last thing I wanted to say is I just really appreciate 671 00:53:44,170 --> 00:53:47,650 that you have thought about, although I think not on the first one, 672 00:53:49,050 --> 00:53:51,550 the different points of entry to the park. 673 00:53:51,550 --> 00:53:53,650 So it's not like, oh, there's one entrance to the park. 674 00:53:53,650 --> 00:53:58,950 So that when you're coming in different places, I like that you have that north-western corner entry point 675 00:53:58,950 --> 00:54:04,850 I like that you're thinking about from the path or trail coming in. What does it look like that way? 676 00:54:04,970 --> 00:54:08,230 Not just what does it look like from the way that sort of we're currently using so 677 00:54:13,600 --> 00:54:18,640 Thank you for your work. I'm going to agree with you on the water features the interactive fountain 678 00:54:18,640 --> 00:54:21,460 gives me heart palpitations not that I don't like little children 679 00:54:21,460 --> 00:54:25,080 This is not a place for preschool buses to pull up and have a play day 680 00:54:25,080 --> 00:54:32,240 We have areas for that, so I know Swanee gets like 10 preschool buses and they're having a lot of fun. 681 00:54:32,480 --> 00:54:35,960 This is an economic development driver in our downtown. 682 00:54:36,400 --> 00:54:42,320 So we want to make sure it is welcoming in that aspect, but you know, it's not an amusement park. 683 00:54:43,000 --> 00:54:43,880 So I like that. 684 00:54:44,300 --> 00:54:49,040 And then I agree with you also on the play features, right? 685 00:54:49,040 --> 00:54:53,360 like fun interesting play features something artsy but we already have I 686 00:54:53,360 --> 00:54:58,020 think what 10 playgrounds across the city as well so let's make it unique and 687 00:54:58,020 --> 00:55:05,400 different and maybe like a destination. And then just last number two I just 688 00:55:05,400 --> 00:55:09,240 felt like there was a nice flow like a welcoming flow to that so if we had 689 00:55:09,240 --> 00:55:13,160 seniors over there and they wanted to walk around you know the smaller portion of 690 00:55:13,160 --> 00:55:17,300 that path you had the shade there it was like it was a little bit more 691 00:55:17,300 --> 00:55:23,100 accessible from different angles yeah and then also I am concerned a little bit 692 00:55:23,100 --> 00:55:28,800 about maybe maybe some more seating features you know I don't know people could 693 00:55:28,800 --> 00:55:32,420 walk off of them but you know in New York City and Bryant Park right it can be 694 00:55:32,420 --> 00:55:36,540 totally clear or during the day they put out some tables and chairs and in some 695 00:55:36,540 --> 00:55:40,020 little seating so people can come up or lunch you know then they they take 696 00:55:40,020 --> 00:55:45,320 them out at night or or whatever so but I thought that flowed really nicely and 697 00:55:45,320 --> 00:55:47,540 And it was accessible to a lot of different people. 698 00:55:48,980 --> 00:55:51,980 Yeah, I just want to agree with Anne since she brought that out because I forgot. 699 00:55:52,300 --> 00:55:56,180 I do like that there's multiple walkways and pathways on that one. 700 00:55:57,460 --> 00:55:58,880 Well, I see you got a hand up. 701 00:56:00,420 --> 00:56:06,160 I did like on the first one that they had seating because there's a lot of restaurants 702 00:56:06,160 --> 00:56:08,500 that people are going to walk off of Main Street 2. 703 00:56:08,880 --> 00:56:13,140 I like the concept of 2 because you can kind of walk through it and I do like that walkability. 704 00:56:13,860 --> 00:56:17,060 I'm wondering if there's something that you can kind of do in a concept that may be 705 00:56:17,060 --> 00:56:18,560 combine those two things. 706 00:56:19,400 --> 00:56:26,140 The thing that I didn't care for very much on one and two is we need more trees on 707 00:56:26,140 --> 00:56:30,840 the railroad side just to block that noise as it comes through because if you're sitting 708 00:56:30,840 --> 00:56:35,400 down there and that train comes through, they're going to blow the horn and it's a little frightening 709 00:56:35,400 --> 00:56:38,620 so if we slow that noise down a little that's fine. 710 00:56:39,640 --> 00:56:48,820 I'm going to agree with Alexis on the water features and the play structures, so let's 711 00:56:48,820 --> 00:56:52,140 kind of keep it interactive and fun for everyone. 712 00:56:53,060 --> 00:56:57,380 But I also like what Ann had to say for the connectivity on that. 713 00:56:58,860 --> 00:57:03,720 So I don't know if there's some kind of hybrid that you can do, that kind of maybe has that 714 00:57:03,720 --> 00:57:07,260 path through it, maybe that's something that you add to the other, but I really think 715 00:57:07,260 --> 00:57:09,660 that seating is super important for that area. 716 00:57:10,300 --> 00:57:12,860 I think it will really bring in a lot more people 717 00:57:13,160 --> 00:57:14,780 in downtown to have lunch. 718 00:57:18,720 --> 00:57:21,640 Roger's menu, you got some comments to add? 719 00:57:22,640 --> 00:57:27,500 I actually, Noel kind of brought it all together for me, 720 00:57:27,820 --> 00:57:34,500 but I agree with Alexis that the Tucker North Lake CID 721 00:57:34,920 --> 00:57:37,320 had that design with the restroom built 722 00:57:37,320 --> 00:57:39,720 into the topography, such that it's not 723 00:57:39,720 --> 00:57:45,820 not that much of a standalone feature and I thought that could be something positive 724 00:57:45,820 --> 00:57:48,520 in any of these designs other than the third one. 725 00:57:49,880 --> 00:57:50,560 That's it. 726 00:57:52,980 --> 00:57:56,440 I had some questions just to understand what you're showing us. 727 00:57:57,520 --> 00:58:00,020 Can you go back to the first iteration? 728 00:58:01,560 --> 00:58:08,060 So on the far eastern side that's right up against the trailer, are those concrete steps 729 00:58:08,060 --> 00:58:09,480 down that we're seeing there? 730 00:58:09,480 --> 00:58:12,980 and are they shallow? Is this like a six or eight inch kind of set them? 731 00:58:12,980 --> 00:58:18,300 Yeah, about six inches but they're 12 inches wide. 732 00:58:19,380 --> 00:58:21,380 12, sorry, 12 feet wide. 733 00:58:21,900 --> 00:58:25,160 So they would be like you could hang out there, meet your friends. 734 00:58:25,380 --> 00:58:26,520 You could sit there and have lunch. 735 00:58:27,060 --> 00:58:28,040 No, no, you could put it there. 736 00:58:31,100 --> 00:58:32,740 It's like a tourist seating area. 737 00:58:33,140 --> 00:58:36,140 Right, so you come down into the level where those trees are. 738 00:58:36,640 --> 00:58:39,880 And then another step down to that gray arc. 739 00:58:39,880 --> 00:58:42,140 No, so I imagine not being flat. 740 00:58:42,420 --> 00:58:43,120 That would all be one. 741 00:58:43,180 --> 00:58:48,360 Yeah, and then the lawn area would almost be cold, similar to the topography out there 742 00:58:48,360 --> 00:58:53,500 now, where it slightly dips down in the middle, so that the stage is sitting at the lowest 743 00:58:53,500 --> 00:58:53,840 point. 744 00:58:55,160 --> 00:59:00,380 So you've got three, twelve foot wide step down, but then all, both of those arcs, section 745 00:59:00,380 --> 00:59:02,100 were in the top right where the trees are. 746 00:59:02,180 --> 00:59:06,420 That's all on a single level, there's no step downs from one to the other. 747 00:59:06,620 --> 00:59:07,560 So it all be accessible. 748 00:59:07,780 --> 00:59:08,960 I mean, it might slightly slow. 749 00:59:13,600 --> 00:59:20,200 Well, I feel that sort of community gathering area, but there's no other than some trees which might provide shade in 10 years. 750 00:59:20,860 --> 00:59:29,840 There's this scorching hot out there, and in all of these, we really got to think about shade in the short term, you know, to draw people and make a call. 751 00:59:34,330 --> 00:59:39,310 I'll echo the comments, I'm not sure if I'm saying just the same thing, but about playgrounds or play areas. 752 00:59:41,410 --> 00:59:46,890 I've visited Peachtree Corner's part, which is actually just being finished, there's some new stuff being added. 753 00:59:46,890 --> 00:59:53,910 So they have one area that's like the biggest craziest playground equipment kind of zone that I've seen 754 00:59:53,910 --> 00:59:58,310 But they had another couple of areas where it's just sort of undulating ground, right? 755 00:59:58,450 --> 00:59:58,990 It's rolling 756 01:00:00,080 --> 01:00:18,080 And kids just get up in a ball and roll down. And that's the fun of saying it did all day. So they'll do it over and over. So that kind of play appeals to me more than a lot of big, you know, visually, I'm going to say, God, I know there's different types of guys. But I like that sort of play in this play 757 01:00:22,690 --> 01:00:33,950 was hoping to see some version of the restroom built into the topography as well. I don't quite have a vision for it. But I think we're talking about that Northeast top right corner. 758 01:00:34,690 --> 01:00:45,970 In some way, it would give us some way to increase the land space, right, if the top was a plaza or a gathering space or an overlook of some kind. 759 01:00:46,370 --> 01:00:52,070 It saves the place, you know, it increases the amount of ground space that we can use and 760 01:00:52,930 --> 01:00:58,130 believes this doesn't have a separate building somewhere else, so it puts up some possibilities. 761 01:00:58,970 --> 01:01:04,650 I'll say about water. I also like the idea. I'm kind of ambivalent about interactive. 762 01:01:06,190 --> 01:01:12,830 When we say that, I'm taking splash pad. Maybe that's an old term. I can see the appeal. 763 01:01:13,130 --> 01:01:17,730 If we're going to have it, I'd like it to be relatively small, but I'd like to see more water 764 01:01:17,730 --> 01:01:23,290 throughout as well so that you get the sound, the cooling aspects, some sense that you're 765 01:01:23,290 --> 01:01:26,370 in a place that's got motion in it. 766 01:01:28,550 --> 01:01:36,890 I really think, maybe just because I've been out there this summer, it's barren and we got to take the edge off of that. 767 01:01:39,730 --> 01:01:44,090 I guess that's the comments that kind of front of mind. What else? 768 01:01:44,090 --> 01:01:47,470 Karen, you've heard all this other, what have you been inspired about? 769 01:01:48,170 --> 01:01:57,070 I'd actually like to see the second one kind of have an incorporation maybe the shade area 770 01:01:57,070 --> 01:02:02,770 be even larger there, but I like the walkway and the green because it is going to be hot. 771 01:02:03,350 --> 01:02:08,510 And I also think we could put more water features in there, but I don't really think we need 772 01:02:08,510 --> 01:02:12,150 that a play area for families. 773 01:02:12,410 --> 01:02:13,530 I think that we've got plenty. 774 01:02:14,010 --> 01:02:16,290 If we can do play features throughout for kids, 775 01:02:16,510 --> 01:02:18,850 I think that might be the better plan. 776 01:02:20,690 --> 01:02:23,150 And there are so many great play features. 777 01:02:23,670 --> 01:02:25,230 I mean, with the pictures you shared. 778 01:02:25,990 --> 01:02:29,610 And I see them in other parks and kids are all over them. 779 01:02:29,830 --> 01:02:32,210 I mean, we have this, right now on the town green, 780 01:02:32,330 --> 01:02:34,570 we've got this workout fitness thing. 781 01:02:34,570 --> 01:02:36,770 And when we did our Friday night concerts, 782 01:02:36,770 --> 01:02:40,770 the kids were always on it, so we have to incorporate that no matter what. 783 01:02:41,450 --> 01:02:46,170 So, if we could make it all bigger, then we could add, you know, a variety of other things 784 01:02:46,170 --> 01:02:50,810 that would be good additions, but that would mean we'd have to buy property and move 785 01:02:50,810 --> 01:02:57,730 buildings, but they're wonderful concepts, I like them, all three of them, but I like the 786 01:02:57,730 --> 01:03:01,730 green space in the middle one the best, and I think that's almost what everybody's saying 787 01:03:01,730 --> 01:03:05,250 with different other features. 788 01:03:05,250 --> 01:03:08,230 Can I go back and ask a specific question I forgot about parking. 789 01:03:09,550 --> 01:03:16,330 I thought angled parking, if we're going to make it one way, the angled parking seems 790 01:03:16,330 --> 01:03:17,970 like an easy call. 791 01:03:18,430 --> 01:03:20,190 Do we lose spaces with that? 792 01:03:21,090 --> 01:03:26,550 Only because I've made them 10 feet wide and I've included the parking islands. 793 01:03:27,530 --> 01:03:31,690 I mean, what we, what an option what we could do is actually have a landscape strip, oh, 794 01:03:31,770 --> 01:03:31,950 I'm sorry. 795 01:03:31,950 --> 01:03:36,550 We could have a landscape strip between the parking rather than going parking sidewalk. 796 01:03:36,790 --> 01:03:41,590 We could do parking, landscape strip, sidewalk, get more trees in there and then take those 797 01:03:41,590 --> 01:03:42,090 islands out. 798 01:03:42,670 --> 01:03:45,670 You'd still end up with about 45, 48 parking spaces. 799 01:03:48,180 --> 01:03:50,320 Oh, we get some consensus that we want to maximize. 800 01:03:50,680 --> 01:03:50,780 Sure. 801 01:03:51,020 --> 01:03:54,900 We don't want to feel like it's a look like a parking lot, but everyone we can get makes 802 01:03:54,900 --> 01:03:55,260 a difference. 803 01:04:00,440 --> 01:04:06,540 I know at the public input meeting, I had conversation with some folks privately, but I don't 804 01:04:06,540 --> 01:04:13,640 I don't know if it came across to the whole meeting around what are ways that we could 805 01:04:13,640 --> 01:04:15,720 do passive education. 806 01:04:16,140 --> 01:04:20,800 So I think you kind of talked about that maybe with the garden area, but I know that was 807 01:04:20,800 --> 01:04:22,380 another feature of the North Lake Planner. 808 01:04:22,640 --> 01:04:28,800 They were thinking about, which you kind of have, I think, that second avenue is the middle 809 01:04:29,400 --> 01:04:35,860 of the park in some ways, but I think either sort of natural education, what's the opportunity 810 01:04:35,860 --> 01:04:42,120 to do that, again, like placards, not like whatever, or history of Tucker education or 811 01:04:42,120 --> 01:04:50,340 a combination where we're kind of, I think that we are always saying we're a new city 812 01:04:50,340 --> 01:04:52,620 but we're not a new city, like we've been here forever. 813 01:04:53,020 --> 01:04:57,220 So I do think if we're having something that's a centerpiece, finding a way to highlight 814 01:04:57,220 --> 01:05:02,700 some of the history of our community, again, passively, would be an interesting thing to do. 815 01:05:03,620 --> 01:05:08,200 I'm not thinking, like, just so everyone is not thinking, like, giant, person-sized bronze 816 01:05:08,200 --> 01:05:12,480 plaques or anything, but it just be something I'd be interested in exploring further. 817 01:05:15,860 --> 01:05:16,580 Or are we helping you? 818 01:05:21,160 --> 01:05:21,520 That's all right. 819 01:05:21,860 --> 01:05:22,400 That's all the time. 820 01:05:23,220 --> 01:05:28,780 So, I think what we're hearing, and you can say, no, you're completely wrong, Reagan, 821 01:05:28,940 --> 01:05:29,780 you're just dreaming things. 822 01:05:30,160 --> 01:05:37,440 But I'm thinking that what we're hearing is, you like the form of concept two with more 823 01:05:37,440 --> 01:05:46,920 more shade, not a specific playground area, just like family playground but more sporadically 824 01:05:46,920 --> 01:05:51,140 throughout, more water, more shade, more trees, more parking. 825 01:05:53,020 --> 01:05:58,120 Let's see what else, did I hear that correctly so far, and then look to incorporate, 826 01:06:04,180 --> 01:06:06,700 you 827 01:06:06,700 --> 01:06:09,820 I like their being a set aside play area. 828 01:06:10,460 --> 01:06:12,200 I just don't think it has to be a playground. 829 01:06:13,320 --> 01:06:15,600 So what the mayor is talking about, 830 01:06:16,160 --> 01:06:19,800 I don't want to lose spaces for families. 831 01:06:20,460 --> 01:06:23,580 I just don't think it needs to be a traditional playground. 832 01:06:23,720 --> 01:06:24,080 Right, right. 833 01:06:26,050 --> 01:06:28,510 Yeah, I like those kind of mounds and things like that. 834 01:06:28,630 --> 01:06:31,510 I actually attempted to roll down a hill with my son 835 01:06:31,510 --> 01:06:32,910 and it didn't really hurt. 836 01:06:33,910 --> 01:06:35,670 Or the previous retirement program. 837 01:06:36,250 --> 01:06:41,230 So in this one that the purplish area way out to the west, is it play area? 838 01:06:41,410 --> 01:06:41,930 Play area. 839 01:06:42,330 --> 01:06:43,550 Could be anything. 840 01:06:43,670 --> 01:06:44,110 Could be anything. 841 01:06:47,660 --> 01:06:50,720 I'm sorry. The only thing I didn't hear repeated was seating. 842 01:06:51,620 --> 01:06:52,340 Oh, yes. 843 01:06:52,660 --> 01:06:52,880 Seating. 844 01:06:53,240 --> 01:06:53,360 Yeah. 845 01:06:53,840 --> 01:06:54,500 With shades. 846 01:06:54,840 --> 01:06:55,340 That's important. 847 01:07:00,930 --> 01:07:02,870 Yeah, I think you can boost shade across the board. 848 01:07:05,040 --> 01:07:05,800 A reference in design. 849 01:07:08,500 --> 01:07:10,000 Tell me just because I'm an ignorant. 850 01:07:10,720 --> 01:07:13,020 We built a park and we put trees at it. 851 01:07:13,440 --> 01:07:16,820 I guess given enough money, you could put any size tree you want. 852 01:07:16,820 --> 01:07:19,500 Alright, where's the starting phase? 853 01:07:20,000 --> 01:07:24,720 We have had, I think the most success that we've had on large trees, we've done this 854 01:07:24,720 --> 01:07:30,140 down at Georgia Tech and I believe the largest that they want to transplant, big trees, 855 01:07:30,480 --> 01:07:34,820 or 8-inch caliper, that seems to be about the max before they really decline. 856 01:07:35,320 --> 01:07:41,160 Granted, you're going to pay a premium for trees like that, but you have instant landscape 857 01:07:41,160 --> 01:07:45,540 no doubt, because they do have to bring in tree spades and cranes. 858 01:07:45,540 --> 01:07:51,340 It's a tree like that big enough to have a clearing underneath of six or eight feet, 859 01:07:51,340 --> 01:07:52,140 maybe more. 860 01:07:52,560 --> 01:07:56,420 So it's useful for shade, you can see under it if there's an event, you can see your 861 01:07:56,420 --> 01:07:59,280 kids across the lake around the lawn. 862 01:08:04,640 --> 01:08:08,880 And ideally what you would want to have with trees that large is kind of like a maintenance 863 01:08:10,500 --> 01:08:16,500 program as they get reestablished, just to make sure that they're fertilized, their optimum 864 01:08:16,500 --> 01:08:18,520 type environment for them. 865 01:08:18,520 --> 01:08:18,700 And 866 01:08:24,050 --> 01:08:27,850 I've got to tell us that you got enough to go away and put it all together. 867 01:08:27,910 --> 01:08:34,870 I need you to tell me, yes, what we want you to do, head off with those or, yeah, I 868 01:08:34,870 --> 01:08:36,130 need a consensus, that's all. 869 01:08:36,730 --> 01:08:37,370 And we can move forward. 870 01:08:39,060 --> 01:08:43,880 Yeah, I think you're capturing what we've said, you guys nodding along online, I see 871 01:08:43,880 --> 01:08:44,500 nodding. 872 01:08:48,990 --> 01:08:53,610 If you think you've got a clear enough idea, I think we're in good shape, or you can ask 873 01:08:53,610 --> 01:08:54,390 us some more questions. 874 01:08:55,210 --> 01:08:56,690 I think we 875 01:09:05,140 --> 01:09:09,100 will work something up and get that to rip and he can share it with you. 876 01:09:09,220 --> 01:09:13,500 Is the stage in this case covered or you've just left it up and we could do whatever? 877 01:09:13,500 --> 01:09:14,400 It could be whatever. 878 01:09:14,720 --> 01:09:21,520 I mean, I've left it open so that you can see that there's an opportunity there but I mean 879 01:09:21,520 --> 01:09:23,580 that stage structure could be anything. 880 01:09:23,800 --> 01:09:28,900 Again, it could be shade sales or it could be a complete roof structure. 881 01:09:29,660 --> 01:09:36,000 but I just wanted to make sure that it was prevalent at the front of that arc so that you could see. 882 01:09:36,460 --> 01:09:41,140 But it might be a flatter arc for a better way of saying. 883 01:09:41,340 --> 01:09:43,020 So it doesn't extend as far into the park. 884 01:09:43,800 --> 01:09:47,480 Maybe a little bit of views from the sides of it. 885 01:09:47,740 --> 01:09:47,840 Yes. 886 01:09:48,280 --> 01:09:49,960 And big enough to think about 887 01:09:52,390 --> 01:09:52,650 it. 888 01:09:52,650 --> 01:09:53,750 Do you have a... 889 01:09:53,750 --> 01:09:57,450 You've got to be covered either something we can erect for an event or... 890 01:09:58,830 --> 01:10:03,410 Do you have a square footage that you're looking for for a stage area? 891 01:10:06,590 --> 01:10:11,770 I think what you think, what is palatable there with the space is what I think we need 892 01:10:11,770 --> 01:10:12,590 you to tell us. 893 01:10:12,810 --> 01:10:15,250 I mean, it's not, I mean, it's not very- 894 01:10:15,250 --> 01:10:20,150 I think it's not a pretty small one in Norcross, right, it's the first stage area. 895 01:10:20,350 --> 01:10:25,840 We saw a huge one and I don't know the footage, but maybe something. 896 01:10:26,320 --> 01:10:30,420 Why don't we ask our bands that have come and played and set up their own stages, right? 897 01:10:30,420 --> 01:10:34,700 And Virginia happens to be one of those people, yeah. 898 01:10:58,390 --> 01:10:59,030 Thank you. 899 01:11:07,260 --> 01:11:10,500 I'm sorry, we can't do town hall styles. 900 01:11:12,020 --> 01:11:17,460 I know you'll get an opportunity with us afterwards or in breaks or somewhere long 901 01:11:17,460 --> 01:11:19,020 way before we make decisions. 902 01:11:21,520 --> 01:11:24,080 That brings us to our third item. 903 01:11:24,840 --> 01:11:25,640 Is it going to be you, Tammy? 904 01:11:35,140 --> 01:11:36,420 It's that time of year again. 905 01:11:36,420 --> 01:11:46,080 We need to start thinking about next year, so largely driven by planning zoning cases and 906 01:11:46,080 --> 01:11:57,220 trying to get ahead of that and which brings up the issue when we're going to close City Hall 907 01:11:57,220 --> 01:11:59,600 and observance of holidays. 908 01:12:01,680 --> 01:12:12,600 So we've talked about this in the past and we got together with the mayor and some staff people and we tossed around a lot of different ideas, looked at different schedules. 909 01:12:13,460 --> 01:12:21,840 We looked at the federal schedule, we looked at the state schedule, we looked at school schedule, we looked at other cities, and it all happened to be different, by the way. 910 01:12:22,680 --> 01:12:30,100 Every single one is different, so there's a lot of different ways to approach this. 911 01:12:30,880 --> 01:12:39,940 And the consensus of this group anyway was that what we should do is get on a schedule 912 01:12:39,940 --> 01:12:49,540 and be predictable year after year, and that it made a lot of sense to follow the federal holidays. 913 01:12:49,540 --> 01:12:56,660 But having said that in the past, we've always observed Christmas Eve and the day after 914 01:12:56,660 --> 01:12:59,940 Thanksgiving, which are, in fact, not federal holidays. 915 01:13:00,880 --> 01:13:09,140 So if we go ahead and follow mostly the federal schedule, we would be adding one day, which 916 01:13:09,140 --> 01:13:13,600 is Columbus Day, which we have not closed city hall for. 917 01:13:14,910 --> 01:13:24,310 So that's a starting point in recommendation that we look at these this set of days for closure of City Hall 918 01:13:24,930 --> 01:13:33,750 and then the other meetings have been scheduled in around those closures. With that I'll turn it back over to the mayor. 919 01:13:36,710 --> 01:13:45,930 Yeah, but I'm in the calendar that you see on the left and corporates all those dates which is always the 920 01:13:46,570 --> 01:13:51,930 complexity of all the boards and commissions and the reason we have to do this so early because they had to have 921 01:13:51,930 --> 01:13:58,830 advanced notice to do their advertising and tell applicants when they need to be here and when very 922 01:13:58,830 --> 01:14:08,630 things will be heard. So simplicity of nothing else says take the federal calendar, add the day after 923 01:14:08,630 --> 01:14:10,690 Thanksgiving and Christmas Eve, 924 01:14:13,070 --> 01:14:17,970 each generous to staff as well as recognize it. That's not particularly busy on 925 01:14:17,970 --> 01:14:21,270 those days if they're here anyway because nobody's coming to the city to do 926 01:14:21,270 --> 01:14:27,170 business. We have a few you know we had to go all through well does this day 927 01:14:27,670 --> 01:14:33,710 always get celebrated on a Monday because that day always follow you know a 928 01:14:33,710 --> 01:14:39,050 calendar day of the month and what happens so it would allow us to be consistent 929 01:14:39,050 --> 01:14:42,950 for a year to year we would just still have to make adjustments in and on what day 930 01:14:42,950 --> 01:14:45,290 certain of those holidays falls on. 931 01:14:46,450 --> 01:14:46,910 Noel? 932 01:14:48,350 --> 01:14:51,610 Um, I can't. I don't have access to what you guys are looking at. 933 01:14:51,790 --> 01:14:51,910 Oh. 934 01:14:52,150 --> 01:14:54,350 When you get the agenda, there's nothing attached there. 935 01:14:56,230 --> 01:14:59,010 And I read Roger Slips, he said same here. 936 01:15:01,040 --> 01:15:03,100 We have the means to throw it up, 937 01:15:07,160 --> 01:15:10,880 sorry about that. We'll get it where you can see it. So 938 01:15:14,940 --> 01:15:26,320 Columbus Day, for example, is pretty much always going to be the second Monday of October. And so we'll observe the holiday and meet on Tuesday. 939 01:15:29,410 --> 01:15:39,790 Some of the other sort of protocols that we went over when we were designing this was always move the meeting, whether it's council meeting or one of the board of commissions. 940 01:15:39,790 --> 01:15:43,650 If it lands on a holiday, it would always move to the following day. 941 01:15:44,490 --> 01:15:50,250 There were a couple cases where our meeting moved to the following day, and that stepped on somebody else's meeting, 942 01:15:50,810 --> 01:15:52,210 which we moved to the day after that. 943 01:15:54,150 --> 01:16:00,970 So, you were seeing the end result, but there was a lot of tetris sort of action on the calendar tiles. 944 01:16:02,610 --> 01:16:05,350 Does anybody like to see you on the national championship game? 945 01:16:05,350 --> 01:16:15,590 that was in fact discussed as well as the CC Championship and this year because 946 01:16:15,590 --> 01:16:21,330 those bulldogs are looking good again. Thanks Bonnie. I got an email. 947 01:16:23,900 --> 01:16:25,540 Oh, we emailed it to y'all. 948 01:16:27,690 --> 01:16:28,730 Did you get it? No, 949 01:16:37,560 --> 01:16:41,940 I've always asked. This is an R calendar because we don't work here nine to five. 950 01:16:41,940 --> 01:16:48,820 So, if staff is good with it, and it serves our constituents, I mean that's what it's about, 951 01:16:49,080 --> 01:16:52,800 right? I've said that since the first time we've approved a calendar, it's not about us, 952 01:16:53,040 --> 01:16:54,580 it's about the others. 953 01:16:57,820 --> 01:17:04,580 I think, so for me, so I'm already, my child's birthday falls on that particular weekend. 954 01:17:06,040 --> 01:17:12,960 And so, I don't have a problem being here, but I do know that fall break for the schools falls 955 01:17:12,960 --> 01:17:20,520 in that same time period. So I appreciate that. I would like to check into the federal 956 01:17:20,520 --> 01:17:26,740 nomenclature because I know that there are going to be people that reference in Digitus 957 01:17:26,740 --> 01:17:31,360 People's Day. I think I've seen it as a Columbus Day slash in Digitus People's Day for 958 01:17:31,360 --> 01:17:35,680 people that don't feel comfortable with that, but I'd like to make sure that we're following 959 01:17:35,680 --> 01:17:40,920 whatever the kind of appropriate current naming for that holiday is. 960 01:17:40,920 --> 01:17:41,440 For 961 01:17:51,360 --> 01:17:58,680 comments, we're not going to act on it tonight, get a check closely, but that's kind 962 01:17:58,680 --> 01:18:10,500 of the rationale, and as you're part of your question, staff, as the 10 days to begin 963 01:18:10,500 --> 01:18:16,800 with, but shortly thereafter they get 15 PTO days a year, plus one floating holiday, 964 01:18:19,030 --> 01:18:19,330 as 965 01:18:19,330 --> 01:18:21,050 far as their individual time off. 966 01:18:21,050 --> 01:18:21,530 And 967 01:18:24,060 --> 01:18:36,240 we were able to clarify that the Jacobs folks, I believe, inter-deaf folks, they get the days off that if they're on a client site, they get those same days off. 968 01:18:37,140 --> 01:18:39,880 So, everybody gets the same benefit as the point. 969 01:18:44,950 --> 01:18:46,310 Other questions? Anything at all? 970 01:18:49,000 --> 01:18:49,680 We're going to move on. 971 01:18:49,680 --> 01:18:50,520 So 972 01:18:53,400 --> 01:18:57,520 the last item on our agenda is rather unique in our history. 973 01:18:58,140 --> 01:19:02,980 I'm going to get some introduction and I think Ann may cover some of the same ground, 974 01:19:03,700 --> 01:19:10,960 but I want to give you a little bit of background on what's unique about it and what we're doing. 975 01:19:11,160 --> 01:19:19,420 So as far as I know, the idea of some kind of non-discrimination ordinance arose in summer of 2019, maybe spring of 2019. 976 01:19:19,420 --> 01:19:25,960 So, well, over three years ago now, I had meetings as far back as that summer, late summer 977 01:19:25,960 --> 01:19:30,920 with the three original proponents in October of that year, I met with all three of them 978 01:19:30,920 --> 01:19:38,080 together in a meeting in December of that year, it's worth noting that those three people 979 01:19:38,080 --> 01:19:43,860 not only, they all served on our boards and commissions at the time, but actually at various 980 01:19:43,860 --> 01:19:48,300 times each of them was chairman of their respective board and commission. 981 01:19:48,300 --> 01:19:52,560 They were all appointed to their positions by me personally or in my first and second 982 01:19:52,560 --> 01:19:53,420 terms as mayor. 983 01:19:54,020 --> 01:19:58,900 They were all confirmed or approved unanimously by the council. 984 01:19:59,820 --> 01:20:05,240 In those meetings, I expressed my opposition to the suggestion of an NDO, but we had very 985 01:20:05,240 --> 01:20:06,160 civil conversations. 986 01:20:07,200 --> 01:20:12,500 I did make some promises about what I'd be willing to consider and what timetable or circumstances 987 01:20:12,500 --> 01:20:18,280 circumstances that included things like review and what we're at the time expected or potential 988 01:20:18,280 --> 01:20:23,260 decisions from the US Supreme Court, the Congress was working on various laws, the State 989 01:20:23,260 --> 01:20:28,180 of Georgia's legislature was working on those laws, and we could talk about that at some 990 01:20:28,180 --> 01:20:29,880 time, but I've kept those promises. 991 01:20:31,720 --> 01:20:35,780 The idea of a non-discrimination ordinance kind of hung around and underwent a lot of 992 01:20:35,780 --> 01:20:41,240 various degrees of conversation and discussion, but the previous counsel, previous to this 993 01:20:41,240 --> 01:20:46,660 current group never reached a consensus on moving forward in some formal way. 994 01:20:47,920 --> 01:20:53,180 We never had two members get together to avail themselves of their prerogative to put it 995 01:20:53,180 --> 01:20:57,460 on the agenda or even present specific draft for consideration. 996 01:20:58,580 --> 01:21:04,320 So last fall, nobody on this board or on our Zoom call needs a reminder that the issue 997 01:21:04,320 --> 01:21:07,900 was kind of front and center during campaigns for mayor and for city council. 998 01:21:10,000 --> 01:21:15,540 So, on October 12th, last year, just about, well, it'll be a year ago at our next meeting. 999 01:21:16,240 --> 01:21:21,740 I brought forward a resolution, I brought some copies, I'll put them on the table over 1000 01:21:21,740 --> 01:21:27,020 there, you can pick them up on the way, the actual resolution that we passed back then. 1001 01:21:27,080 --> 01:21:32,840 But I want to share with the members who weren't part of that council, and maybe members of 1002 01:21:32,840 --> 01:21:37,800 public who've heard about it but haven't heard it itself what was said and done 1003 01:21:37,800 --> 01:21:42,840 immediately before and after that resolution. 1004 01:21:52,180 --> 01:21:52,700 This 1005 01:21:57,500 --> 01:21:58,620 is the text of what I 1006 01:21:58,620 --> 01:22:03,560 read into the record at the time in introducing the resolution. My fellow 1007 01:22:03,560 --> 01:22:06,860 council members for over two years now with some interruptions by COVID we've been 1008 01:22:06,860 --> 01:22:10,860 educating ourselves and talking with many many members of the public about how to 1009 01:22:10,860 --> 01:22:21,780 to ensure not only that Tucker is an inclusive, fair, and welcoming community, but that we find a way to make clear to our citizens and to the world beyond that that is the case tonight. I'm asking you to take action with me. 1010 01:22:22,720 --> 01:22:40,160 During the Tucker Business Association, Tucker Civic Association mayoral candidate forum a few weeks ago, I said like I have many times in the past that I fully support the intent of a non-discrimination ordinance and have long wanted to pass a resolution confirming that we as a city embrace our diversity and seek to protect all people from discrimination. 1011 01:22:41,100 --> 01:22:46,320 I've not pursued a resolution, I said then, because some voices had said it was not enough. 1012 01:22:47,200 --> 01:22:50,780 Well since the forum I've heard from many other voices in homes and neighborhoods across 1013 01:22:50,780 --> 01:22:55,140 Tucker and the grocery store and on Main Street, these voices have urged me to present such 1014 01:22:55,140 --> 01:22:57,360 a resolution to Council because it does have meaning. 1015 01:22:57,860 --> 01:22:58,700 It's what's in their hearts. 1016 01:22:59,300 --> 01:23:00,120 It's what's in my heart. 1017 01:23:00,540 --> 01:23:03,420 It's in your hearts and most important, it's in the hearts of our community. 1018 01:23:04,080 --> 01:23:07,400 Those people encouraged me emphatically to do what we can do now. 1019 01:23:07,920 --> 01:23:09,620 They urged me to remove politics. 1020 01:23:09,620 --> 01:23:14,820 the politics of the matter, and make it about what it should be, which is people and people 1021 01:23:14,820 --> 01:23:19,520 over politics. We've always said, well before cityhood that it's our people that make 1022 01:23:19,520 --> 01:23:25,140 Tucker a special welcoming place, and when we say people, we mean all people. We should 1023 01:23:25,140 --> 01:23:29,360 always seek to draw strength from our diversity, and when we do, we accomplish great things. 1024 01:23:30,040 --> 01:23:34,440 At no time was that more apparent than during the cityhood movement when we all came together 1025 01:23:34,440 --> 01:23:40,960 to keep Tucker, all of Tucker as one community, as others sought to divide us and pit us against 1026 01:23:40,960 --> 01:23:46,800 one another. Instead, we united and made history, and we have continued to make historic progress 1027 01:23:46,800 --> 01:23:51,380 ever since. I'm grateful for all of you who took time to reach out and support our resolution. 1028 01:23:52,020 --> 01:23:56,000 I also want to thank the cities of Stone Mountain, Pine Lake, and Columbus for sharing their own 1029 01:23:56,000 --> 01:24:01,980 resolutions, which inform and add greatly to this one. So with that, I move the following resolution, 1030 01:24:01,980 --> 01:24:07,000 and that's what I've brought as a copy of that resolution that passed unanimously at the time. 1031 01:24:08,920 --> 01:24:14,380 After the motion was made to pass it, I said this, which is important to kind of where we're headed. 1032 01:24:15,400 --> 01:24:17,180 I want to add one other step here. 1033 01:24:17,780 --> 01:24:24,280 Two of our members have recently offered to help create the framework for a working group that can further study this issue. 1034 01:24:25,320 --> 01:24:28,200 Pat and Matt, that was Pat Sultis and Matt Robbins at the time. 1035 01:24:28,620 --> 01:24:38,900 If it's all right with you, I'd like to ask you and Anne Learner to follow through on that and bring me a proposal for how that working group would be constructed if you're willing, we can start working on that right away. 1036 01:24:41,640 --> 01:24:49,390 Well, time passed. It was the end of Pat's and Matt's terms. There was an election going on. The holidays came. 1037 01:24:50,130 --> 01:24:56,510 That was mid-October of last year and nothing really got underway with that group before the end of the year. 1038 01:24:56,510 --> 01:25:08,050 So back in April of this year, with a new council in place, I asked Keras Schroeder and Virginia Reese who's not able to be with us tonight to take on those roles with Anne and they're here tonight to report on their work. 1039 01:25:09,070 --> 01:25:16,590 So I mentioned this was a unique circumstance in our history in several ways, and I want to point those out as we discuss our process on the matter. 1040 01:25:17,690 --> 01:25:21,830 First, I've never appointed a work group like this before. 1041 01:25:22,610 --> 01:25:26,370 So exactly how they should report out and what we'll do with the results is something 1042 01:25:26,370 --> 01:25:27,650 that we're working out now. 1043 01:25:28,610 --> 01:25:33,010 Second, I can't recall, I could be wrong, but I don't recall that we've ever had an ordinance 1044 01:25:33,010 --> 01:25:36,810 interrupted by council members as opposed to our staff and legal council. 1045 01:25:37,090 --> 01:25:41,470 Ordinarily we have staff, we've discussed to talk about the need for it. 1046 01:25:41,630 --> 01:25:46,450 Staff presents, it's been vetted in a lot of ways before it gets to us. 1047 01:25:47,330 --> 01:25:52,010 So I can't recall a case like this where the members of council have actually written 1048 01:25:52,010 --> 01:25:52,510 the ordinance. 1049 01:25:53,510 --> 01:25:57,570 It's a nice just a work session, so the item has not yet been introduced as a business 1050 01:25:57,570 --> 01:26:02,190 item, but if it is, we'll have to work out how it'll be presented and debated and what 1051 01:26:02,190 --> 01:26:07,110 sort of public input we'll have and public hearings if that's going to be the case. 1052 01:26:08,390 --> 01:26:12,770 So we'll have to vet it and do our duty to make sure it's legally defensible, does what 1053 01:26:12,770 --> 01:26:15,690 So it's intended and doesn't produce negative unintended consequences. 1054 01:26:16,510 --> 01:26:18,930 That's all what is beginning tonight. 1055 01:26:19,290 --> 01:26:29,810 So I don't know if everybody had a draft or a draft of a proposed ordinance a week or 1056 01:26:29,810 --> 01:26:38,490 two ago, but we're about to see their report and the current and or final draft of the ordinance 1057 01:26:38,490 --> 01:26:38,970 tonight. 1058 01:26:40,330 --> 01:26:44,590 And we'll all have an opportunity to ask questions about all of that and how we're going to proceed. 1059 01:26:45,130 --> 01:26:51,890 So with that, I'm going to turn it over to Ann and Kara and Virginia later, I guess. 1060 01:26:52,590 --> 01:26:54,010 And I'm so sorry, thank you, Mayor. 1061 01:26:54,370 --> 01:26:58,550 What I want to say, you know, I wholeheartedly agree with your words and your comments 1062 01:26:58,550 --> 01:27:01,610 from when you presented that resolution, it was true. 1063 01:27:01,710 --> 01:27:05,610 And I was one of those loud voices that said, now let's have an ordinance instead of a resolution. 1064 01:27:05,610 --> 01:27:11,310 So, I apologize for that earlier in that and I just loved hearing your words again because 1065 01:27:11,870 --> 01:27:16,670 that is what was in everybody's heart at the time and appreciate you bringing that back 1066 01:27:16,670 --> 01:27:17,270 to the forefront. 1067 01:27:17,830 --> 01:27:18,490 I'm sorry Virginia. 1068 01:27:18,630 --> 01:27:19,410 Reese could not be here. 1069 01:27:19,530 --> 01:27:21,270 She has worked super, super hard. 1070 01:27:21,650 --> 01:27:25,410 We talked about she had a little accident so she was in the hospital, she'll be okay, keep 1071 01:27:25,410 --> 01:27:30,530 her in your thoughts and prayers and just know that she has worked very hard on this as 1072 01:27:30,530 --> 01:27:30,870 well. 1073 01:27:30,870 --> 01:27:36,150 I'll carry you to, Mary, you give a little bit of that background and so I pass out a 1074 01:27:36,150 --> 01:27:37,070 working group report. 1075 01:27:37,170 --> 01:27:45,530 We'll have this online later on to be shared with everybody and I want to bring up the working 1076 01:27:45,530 --> 01:27:46,390 group members. 1077 01:27:47,110 --> 01:27:49,030 They are members of the community. 1078 01:27:49,250 --> 01:27:50,090 They are here tonight. 1079 01:27:50,250 --> 01:27:53,430 One person can't be here, so I'll speak for him real quick, Don Serrino. 1080 01:27:54,630 --> 01:27:58,490 Don has a retired U.S. Department of Labor, Office of Federal Contract Compliance. 1081 01:27:58,490 --> 01:28:14,670 He was an investigator, human resource manager, spent 30 plus years there and, you know, invaluable, and just, you know, this group asked him to come up and introduce themselves if that's okay because they've worked on this and just say a few comments. 1082 01:28:14,990 --> 01:28:17,730 So, Andrew, if you want to kick it off for us, we'd appreciate that. 1083 01:28:17,730 --> 01:28:17,770 Yeah. 1084 01:28:17,990 --> 01:28:19,290 Thank you. 1085 01:28:19,470 --> 01:28:20,910 Good evening, Mayor and Councilor. 1086 01:28:21,170 --> 01:28:22,970 I really appreciate the opportunity to be here. 1087 01:28:24,150 --> 01:28:28,370 I'm not going to try to summarize everything that's announced report, just to hit a few comments 1088 01:28:28,370 --> 01:28:29,370 that I think are important. 1089 01:28:30,570 --> 01:28:36,030 Number one, I really appreciate the powerful statement that your Honor made last year regarding 1090 01:28:36,030 --> 01:28:41,950 so I think it was a perfect, really hit almost every nail in the head, but I want to add this. 1091 01:28:42,110 --> 01:28:44,230 I think an ordinance takes it further. 1092 01:28:45,270 --> 01:28:54,030 an ordinance has moral force and legal force as well. You're saying this is not just our intent, 1093 01:28:54,330 --> 01:29:00,190 but this is where we are legally. And what I like about this, and we've had a very careful process, 1094 01:29:00,210 --> 01:29:05,950 I think, we've worked very hard over the previous months, but I think we've got a framework now to deal 1095 01:29:05,950 --> 01:29:09,010 with complaints that might come up for discrimination. 1096 01:29:11,610 --> 01:29:13,930 I frankly think that there will probably be 1097 01:29:13,930 --> 01:29:18,610 relatively few complaints that we brought into this, but to the extent that there are any, 1098 01:29:18,950 --> 01:29:23,610 we've got a way to deal with it. I think that's pro business, I think that's pro consumer. 1099 01:29:23,870 --> 01:29:28,450 I think it's frankly good for everybody. Our approach, as we've tried to put our thoughts 1100 01:29:28,450 --> 01:29:34,790 together on this, was to come up with a framework that's based on conciliation, mediation, and 1101 01:29:34,790 --> 01:29:40,630 resolution, and not combat. Let's find a way to work things out in a way that satisfies 1102 01:29:40,630 --> 01:29:44,710 Everyone brings us to a good mutual acceptable resolution. 1103 01:29:46,390 --> 01:29:50,130 So that's why we emphasize mediation as much as possible. 1104 01:29:50,790 --> 01:29:54,730 I personally have got a lot of mediation, so I know Roger has done a lot of them too. 1105 01:29:55,330 --> 01:29:59,470 I think Roger would agree that it's absolutely phenomenal how... 1106 01:30:00,000 --> 01:30:28,700 But you can get done when you have a directed mediation. It's not an arbitration, but that's a session where you sit people down and you listen to each other very carefully and face-to-face, and it's remarkable. People can come in miles apart and they walk away going, I see what you're saying. I see what you're saying. They resolve it. And that's our hope, frankly, in terms of how this would work. I'm, again, I don't want to try to cover all of Ann's report because there are a lot of incidents here. 1107 01:30:28,700 --> 01:30:34,100 But I want to thank the Council, I want to thank Ann, Karen and Virginia for spearheading 1108 01:30:34,100 --> 01:30:34,520 this effort. 1109 01:30:34,860 --> 01:30:38,580 And the rest of the Council too for just hearing us, it was an opportunity to put it together. 1110 01:30:39,700 --> 01:30:41,240 But I think it's a good ordinance. 1111 01:30:41,500 --> 01:30:44,560 I'm going to urge the Council to consider it and frankly to adopt it. 1112 01:30:45,020 --> 01:30:47,000 I think it'll move Tucker forward. 1113 01:30:47,300 --> 01:30:52,880 It puts us not only squarely in the mainstream progressive cities, but it puts us in a marketplace 1114 01:30:52,880 --> 01:30:58,440 too, because we want to attract people to Tucker in the future, who this would be important 1115 01:30:58,440 --> 01:31:05,920 to. We want to not just be known for saying that we value diversity, that we value inclusion 1116 01:31:05,920 --> 01:31:10,320 and that we welcome everyone. We want to say, we actually have an order to assess so. 1117 01:31:10,640 --> 01:31:14,600 So come on over. Live here and work here. And that's what we want to do. That's really all 1118 01:31:14,600 --> 01:31:18,920 I've got to say for now. Thanks again to all of you. Others may have something to say too. 1119 01:31:19,140 --> 01:31:23,340 Well, I know you're being modest, but you know, you have some qualifications on why we ask 1120 01:31:23,340 --> 01:31:27,160 you to be in this group. Do you want to? Well, I am a mediator to that. I've been an attorney 1121 01:31:27,160 --> 01:31:34,460 from Logan I'd like to admit or many decades and but over the years I began to 1122 01:31:34,460 --> 01:31:38,860 drift more toward mediation because I felt that that was the prank of the best 1123 01:31:38,860 --> 01:31:44,360 way to resolve the speeds. Almost every court nowadays mandates mediation. Judges 1124 01:31:44,360 --> 01:31:48,960 say I don't want to hear you guys coming to court and fight, go mediated and it's 1125 01:31:48,960 --> 01:31:53,760 remarkable how often that works. People come in breathing fire, they walk out with 1126 01:31:53,760 --> 01:31:59,040 agree that it happens every single day and I think that's the way to go. I think that's 1127 01:31:59,040 --> 01:32:04,800 why it was so important for us to take this approach. Yeah, the city under our approach 1128 01:32:04,800 --> 01:32:09,320 would pace the mediation fees, but I think that's something part of the process. I think 1129 01:32:09,320 --> 01:32:14,080 that's what you got to do to make it work. It would not be an astronomical constant. Again, 1130 01:32:14,280 --> 01:32:19,320 I frankly think that the number of cases that we brought or this will not be great. We'll 1131 01:32:19,320 --> 01:32:24,200 see. But if you look around at what other cities have seen, it's a pretty small number of cases 1132 01:32:24,200 --> 01:32:29,400 that ever come up. But it's an opportunity for us and I think to move our city forward in a 1133 01:32:29,400 --> 01:32:36,340 significant way, to say we're part of the mainstream and we're part of the tomorrow generation. We're 1134 01:32:36,340 --> 01:32:42,540 going to make this happen. We welcome everybody. So anything else I can address? Thanks. Okay, 1135 01:32:54,510 --> 01:32:58,030 I don't have a long speech like Andrea 1136 01:33:00,910 --> 01:33:03,890 but my name is Sandra Rice, I've been a resident 1137 01:33:03,890 --> 01:33:09,550 of Tucker for about ten plus years, a resident of the county for forty years. 1138 01:33:12,370 --> 01:33:19,870 I was here when the mayor read the resolution and immediately sent an email the next day 1139 01:33:19,870 --> 01:33:20,830 to volunteer. 1140 01:33:20,830 --> 01:33:32,790 And for months, I didn't hear anything, but then Anne reached out to me, and I gladly accepted, and thank you for reaching out to me, and I really appreciated working with the working group. 1141 01:33:34,250 --> 01:33:43,790 The reason I'm interested, again, I'm an advocate for individuals with disabilities, no matter what the disability is. 1142 01:33:43,790 --> 01:33:56,250 So I have a son, 37 years old, we live in Tucker, and I just want him to be able to feel comfortable anywhere he goes in Tucker, because that's where he lives. 1143 01:33:56,630 --> 01:34:02,270 He lives here in Tucker, and hopefully after I'm gone, he can still live here in Tucker. 1144 01:34:02,930 --> 01:34:12,730 So that's why I volunteered to be on this committee, and I really, really enjoyed meeting all the different other people on the committee and working with them. 1145 01:34:12,730 --> 01:34:15,050 I was quiet, but I was listening. 1146 01:34:15,730 --> 01:34:16,730 Thank you. 1147 01:34:17,430 --> 01:34:18,530 Call this out sometimes. 1148 01:34:18,990 --> 01:34:20,630 You kept us straight. 1149 01:34:31,320 --> 01:34:32,020 Thomas Walker. 1150 01:34:33,280 --> 01:34:34,780 I've lived in Tucker for 25 years. 1151 01:34:35,400 --> 01:34:36,520 I've been an attorney for 30. 1152 01:34:37,220 --> 01:34:40,820 I have primarily been an employment attorney for that whole time. 1153 01:34:41,540 --> 01:34:43,440 I'm very familiar with employment law. 1154 01:34:44,160 --> 01:34:50,020 The reason why non-discrimination order became important to me is 1155 01:34:50,020 --> 01:34:53,500 Because you know, a lot of people have misconceptions about the federal law. 1156 01:34:53,660 --> 01:34:57,980 So, you know, we don't need one because there's federal protection, let the federal laws 1157 01:34:59,100 --> 01:34:59,900 protect people. 1158 01:34:59,960 --> 01:35:00,980 Let them go that route. 1159 01:35:01,660 --> 01:35:05,760 But people don't understand, though, is that there are gaps in the federal law. 1160 01:35:07,700 --> 01:35:14,300 The Title VII of the Civil Rights Act of 1964, only that's the law that protects based 1161 01:35:14,300 --> 01:35:20,880 in the race, religion, sex, sexual orientation, gender identity, national origin, and ethnicity. 1162 01:35:21,520 --> 01:35:25,880 But it only protects you if you work for employers with 15 or more employees. 1163 01:35:26,660 --> 01:35:31,500 The same with the ADA, the AmeriCorps with Disabilities Act. 1164 01:35:32,040 --> 01:35:34,560 It only protects you if you have 15 or more employees. 1165 01:35:35,240 --> 01:35:35,960 And it gets worse. 1166 01:35:36,420 --> 01:35:41,380 When you get to the ADA, the age discrimination and employment act, it only protects if you 1167 01:35:41,380 --> 01:35:42,540 have 20 employees. 1168 01:35:42,540 --> 01:35:49,480 And the other issue with the ADA is that the 11th Circuit, which is Georgia, Alabama, 1169 01:35:49,680 --> 01:35:57,100 Florida, they have decided that the ADA does not protect respective employees against 1170 01:35:57,100 --> 01:36:03,120 disparate impact and the ADA protects if you're 40 or over. 1171 01:36:04,060 --> 01:36:08,920 One of the things I see a lot are law firms and they advertise one to three years experience, 1172 01:36:09,440 --> 01:36:10,880 you know, fresh graduates. 1173 01:36:10,880 --> 01:36:14,980 Well, that will pretty much eliminate everyone over 40. 1174 01:36:15,740 --> 01:36:20,000 At my whole career, I have only known one attorney who went back to law school after age 40. 1175 01:36:20,760 --> 01:36:32,700 So, you know, here they are openly basically, you know, legally in the law of the circuit getting away with discriminating based on age, you know, because of the disparate impact. 1176 01:36:33,340 --> 01:36:39,980 Other circuits have decided that you can't do disparate impact discrimination under the ADA, 1177 01:36:39,980 --> 01:36:45,020 But that's, you know, there's a split and we live in a lot of circumstances that doesn't matter what the ninth might do. 1178 01:36:46,440 --> 01:36:56,160 And age discrimination is really something that's very important to me because I had my own cell practice during the great recession. 1179 01:36:56,820 --> 01:37:00,360 And I had so many people calling me up who had been fired. 1180 01:37:01,540 --> 01:37:03,560 And they were having to make unemployment claims. 1181 01:37:03,860 --> 01:37:08,840 And employers were fighting them because the people who were in that age group, 1182 01:37:08,840 --> 01:37:12,140 They were the first to be fired because they were the most expensive employees. 1183 01:37:13,180 --> 01:37:18,080 They had a harder time finding work because people just didn't want experienced employees. 1184 01:37:19,640 --> 01:37:22,800 Employers were aggressive with fighting because there were so many people out there. 1185 01:37:23,260 --> 01:37:27,100 So it was something that I really first saw firsthand was an issue. 1186 01:37:27,860 --> 01:37:35,300 And the thing I like about our non-discrimination ordinance is that it fills in the gaps and 1187 01:37:35,880 --> 01:37:37,040 it protects everybody. 1188 01:37:37,040 --> 01:37:41,660 It doesn't just protect, you know, one group here protects every one of us. 1189 01:37:42,140 --> 01:37:44,660 At some point we're going to hopefully will be 40 or older. 1190 01:37:45,940 --> 01:37:48,720 And, you know, there's a protected group that everyone could follow into. 1191 01:37:49,200 --> 01:37:52,620 The other thing, why I think the discrimination ordinance is important, 1192 01:37:53,480 --> 01:37:55,120 is it levels the playing field. 1193 01:37:55,700 --> 01:38:01,700 Like I said, if you're 15 more employees, you have to worry about this stuff. 1194 01:38:02,140 --> 01:38:04,300 If you have 14 more employees, you don't. 1195 01:38:04,300 --> 01:38:09,000 You know, what is the difference between a company with 14 employees and one with 15 employees? 1196 01:38:09,520 --> 01:38:16,240 So, you know, the companies and with, you know, ages, you know, 20 and 19, what's the difference? 1197 01:38:16,440 --> 01:38:23,860 So, you have, you know, employers that are very, very similar, yet you're applying different rules to them. 1198 01:38:24,020 --> 01:38:32,840 You know, the one has to look at their employee manual, that to make sure that they, you know, have training that people educated. 1199 01:38:33,600 --> 01:38:40,220 The other one gets like, we don't care, so you know those are the reasons why I wanted 1200 01:38:40,220 --> 01:38:46,720 to get involved in non-discrimination ordinance and I'll tell you I also had some of a change 1201 01:38:46,720 --> 01:38:50,120 of hierarchy and at one time you know I thought I was a group of like, yeah we don't need this, 1202 01:38:50,120 --> 01:38:51,540 what are we doing this about? 1203 01:38:51,820 --> 01:38:58,160 And then you know when the summer of 2020 there are some rumblings allegations that may not 1204 01:38:58,160 --> 01:39:05,180 have been, you know, have any true basis against a large employer, I said, well, you know, 1205 01:39:05,260 --> 01:39:09,460 we can't just, you know, hide behind what doesn't happen here, because we at least have 1206 01:39:09,460 --> 01:39:14,880 some allegation that it may not have, but that was really where I said, you know, I said, 1207 01:39:14,960 --> 01:39:17,280 I need to reconsider this and start thinking about it. 1208 01:39:17,600 --> 01:39:23,120 And then looking at a lot of the proposed ordinance and other city's ordinance, and they, 1209 01:39:23,200 --> 01:39:27,680 you know, revere and include, I mean, include everyone and yet age reduction, so yeah, so 1210 01:39:27,680 --> 01:39:31,940 that the week's time is the time for us to do this, so that's all I got. 1211 01:39:32,680 --> 01:39:37,640 How has it gone? Lots of great debates. I had to get back to my training of being a school 1212 01:39:37,640 --> 01:39:42,280 teacher to say, all right guys, time out. Let's come back. So it was very, very invaluable. 1213 01:39:42,500 --> 01:39:43,940 Thank you very much. Derek, anything? 1214 01:39:48,170 --> 01:39:53,010 Mayor and council, I just have a couple comments as for just to say thank you for the opportunity 1215 01:39:53,010 --> 01:39:59,330 of being able to serve. One thing that I had always kept reiterating to the members of the committee 1216 01:39:59,330 --> 01:40:06,170 is that when you have the opportunity to adopt this type of ordinance, I think it puts us in the forefront 1217 01:40:06,170 --> 01:40:13,430 of being a modern city because if you take a look at it, Tucker is not the same city that it was 15 years ago. 1218 01:40:14,210 --> 01:40:17,450 And it's not going to be the same city 15 years from now. 1219 01:40:17,990 --> 01:40:24,630 We have to make sure that we are setting the agenda to move forward to what we're going to be, not for what we are right now. 1220 01:40:24,630 --> 01:40:28,550 And I think when you relay that message to the people, 1221 01:40:29,210 --> 01:40:32,590 the individuals who it will affect the most 1222 01:40:32,590 --> 01:40:35,470 will be those individuals 15 years from now. 1223 01:40:36,010 --> 01:40:38,130 It will be immediately felt for those individuals 1224 01:40:38,130 --> 01:40:39,470 when we move it forward for now, 1225 01:40:39,750 --> 01:40:41,650 but we won't always live for now. 1226 01:40:41,910 --> 01:40:45,210 We will always be living for tomorrow for when it comes. 1227 01:40:45,790 --> 01:40:49,250 For individuals who this ordinance basically puts 1228 01:40:49,250 --> 01:40:53,330 a spotlight on is to make sure that it's everybody. 1229 01:40:53,330 --> 01:40:57,130 It's not one single protected class, it's for everybody. 1230 01:40:57,430 --> 01:41:02,450 And we want to make sure that we're being the city that's marketable to those individuals 1231 01:41:02,450 --> 01:41:04,730 who want to do business with Tucker. 1232 01:41:05,190 --> 01:41:08,710 When you have Tucker being put out in the forefront, 1233 01:41:09,250 --> 01:41:14,510 I tell the members of the committee, it will put us on a higher level, 1234 01:41:15,050 --> 01:41:18,390 and with that higher level, higher levels come new levels. 1235 01:41:18,770 --> 01:41:20,550 So you have to be ready and be equipped. 1236 01:41:20,550 --> 01:41:26,790 and I think by putting this ordinance in place it establishes a process of what we would do if we 1237 01:41:26,790 --> 01:41:32,530 were faced and had to deal with it. A lot of the cities that Andrew mentioned before, she stated 1238 01:41:32,530 --> 01:41:36,250 that there was not a whole lot of them, but it doesn't take a whole lot, it only takes one. 1239 01:41:36,930 --> 01:41:41,110 And we want to make sure that we are on that playing field that we're able to contribute and to 1240 01:41:41,110 --> 01:41:50,190 be able to address the needs of the citizens where who would be affected by this. And we want to 1241 01:41:50,190 --> 01:41:54,550 city welcoming city and inclusive of all we want all those businesses all those 1242 01:41:54,550 --> 01:41:58,830 developers who have those employees who this could possibly affect say hey I 1243 01:41:58,830 --> 01:42:02,170 want to do business over there because they not only walk the walk they talk 1244 01:42:02,170 --> 01:42:09,010 the talk and they do it and they have something in place for thank you I've been 1245 01:42:09,790 --> 01:42:16,270 I've been in human resources for the last almost 30 years and it has been one 1246 01:42:16,270 --> 01:42:23,730 One of those things where the types of conversations come up daily, and is anybody 1247 01:42:23,730 --> 01:42:29,030 know working in HR, no day is the same, and it's always faced with a situation where an 1248 01:42:29,030 --> 01:42:34,770 individual or an employee can come to me and say, hey, Derek, I don't know, my supervisor 1249 01:42:34,770 --> 01:42:36,630 is not treating me right. 1250 01:42:37,350 --> 01:42:38,290 This is happening. 1251 01:42:38,490 --> 01:42:39,470 This is what's going on. 1252 01:42:39,610 --> 01:42:45,610 And so I'm faced with having to deal with those types of situations day in and day out. 1253 01:42:46,590 --> 01:42:50,370 I never started out wanting to be an HR, you know, I was going to be an entrepreneur, 1254 01:42:51,130 --> 01:42:57,610 but I got bit by the bug back in the 90s so dealing in HR definitely went and asked 1255 01:42:57,610 --> 01:43:03,190 me to be a part of this, I said, this is right down my alley buddy, this is one of those 1256 01:43:03,190 --> 01:43:09,470 things where it gets me excited and I like to see the opportunity where you're able to 1257 01:43:10,010 --> 01:43:15,350 contribute to the advancement and the success of those in which you serve. 1258 01:43:15,810 --> 01:43:20,530 And that could be applied to not only to my job, but to each and every one of you job, your jobs as well. 1259 01:43:21,070 --> 01:43:25,830 Because when you have, I use an example, when you have an employee come to you and state that, hey, 1260 01:43:27,150 --> 01:43:32,130 something's not right. Well, first of all, you take that as a compliment because they don't necessarily have to share that with you. 1261 01:43:32,610 --> 01:43:37,050 The second part of that is that, okay, what it is that you're going to do about it. 1262 01:43:37,050 --> 01:43:44,430 It may not necessarily be the outcome that they were expecting, but the mere fact that you have a process in place to hear them. 1263 01:43:45,430 --> 01:43:47,710 That's 90% of the battle is won right there. 1264 01:43:48,330 --> 01:44:00,250 So, when you make sure that you put processes in place, it gives you credibility to that eye of that individual, whether that be an employee, whether that be a friend, or even an enemy, but you have a place. 1265 01:44:00,250 --> 01:44:07,390 you have a process and they will respect you and I necessarily agree with what the outcome is but they will respect you for the process. 1266 01:44:09,430 --> 01:44:10,230 Thank you. 1267 01:44:10,730 --> 01:44:11,910 Karen, did you want to say anything? 1268 01:44:16,810 --> 01:44:23,110 So I appreciate the group. I just want to tell you, you guys, your experience was invaluable and we're amazed all the time. 1269 01:44:23,210 --> 01:44:32,030 All of us can say that probably. We're amazed all the time about the talent that's in Tucker but not only the wealth of knowledge and talent that's there but you're willing to give it your time. 1270 01:44:32,030 --> 01:44:32,710 Right. 1271 01:44:33,030 --> 01:44:33,850 That's the difference. 1272 01:44:34,010 --> 01:44:34,910 You're willing to give your time. 1273 01:44:35,070 --> 01:44:39,190 So I want to thank you guys, Mary, thank you for the resolution, for you entrusting 1274 01:44:39,190 --> 01:44:40,030 us with that. 1275 01:44:40,270 --> 01:44:45,450 We thank the past council members who supported that resolution, and we thank our current council 1276 01:44:45,450 --> 01:44:48,810 members for sharing their ideas and concerns about this. 1277 01:44:49,310 --> 01:44:53,790 I also want to thank Angela Brooks, our outreach business coordinator and kept us organized and 1278 01:44:53,790 --> 01:44:56,410 shared her experiences with working with our local businesses. 1279 01:44:56,410 --> 01:44:59,490 Our Tucker open door leaders, Catherine Atterbury. 1280 01:45:00,000 --> 01:45:29,500 Mayor Claire Presley who's here tonight and George Wellborne appreciate your fourth thought and patience. All the business owners, real estate professionals, faith leaders who engaged with us in conversations and ultimately gave us recommendations that made this better. We talked to elected officials and staff members in other cities, not just around the cab or the state, but in other cities across the country. We want to thank them and then community members for the last two years, you know, three years now. We've been getting emails of support. 1281 01:45:29,500 --> 01:45:34,200 and also emails of concern, and it's an important reminder for us to listen to all perspectives. 1282 01:45:35,160 --> 01:45:37,400 And so that's what we did, so we're thankful for you guys. 1283 01:45:37,500 --> 01:45:38,740 So just a little bit about our process. 1284 01:45:39,500 --> 01:45:45,600 I don't have a fancy PowerPoint, because frankly I didn't have time, but you'll see this. 1285 01:45:45,800 --> 01:45:50,720 So our process, we met about an average two times per month for May to September. 1286 01:45:51,440 --> 01:45:55,900 During those meetings, we had different ideas, opinions, robust discussions. 1287 01:45:57,240 --> 01:46:03,400 We raised a lot of issues ourselves, right, and debated, but it was always in an open and respectful manner. 1288 01:46:04,040 --> 01:46:12,900 Then we began to reach out to business owners, business leaders, stakeholders in the community, real estate professionals, faith-based leaders in our community 1289 01:46:12,900 --> 01:46:14,400 to gain their insight and feedback. 1290 01:46:15,340 --> 01:46:22,520 We met twice with Tucker Open Door leaders as well, and, right, we know that it's not a totally exhaustive outreach. 1291 01:46:22,520 --> 01:46:24,960 It's similar to what these other groups were presenting tonight. 1292 01:46:25,180 --> 01:46:28,860 We had a community meeting, people came, or we sent out surveys, all of that. 1293 01:46:28,980 --> 01:46:33,440 So we know it's not exhausted, but it's a sampling of the perspectives across our community. 1294 01:46:34,760 --> 01:46:41,840 And there's still room for public input, there's still room when we would bring this ordinance 1295 01:46:41,840 --> 01:46:43,960 forward working through our city process. 1296 01:46:44,300 --> 01:46:45,920 There could be city hearings as well. 1297 01:46:46,520 --> 01:46:49,060 And so we want to be respectful of that. 1298 01:46:49,060 --> 01:46:54,440 You know, let's be honest. A lot of people said you're flipping crazy to bring it right now because there's an election 1299 01:46:54,440 --> 01:46:58,240 You know coming up and there's all this divisiveness and people were concerned 1300 01:46:58,240 --> 01:47:01,420 And I'm glad that they were concerned for Tucker because we love our hometown 1301 01:47:02,100 --> 01:47:06,560 We've always put aside our differences for Tucker right now. I say the party of Tucker the tea 1302 01:47:07,500 --> 01:47:11,980 And we come together. We roll up our sleeves and we get things done together for the good of the community 1303 01:47:11,980 --> 01:47:16,620 And I would expect that moving forward. We want to make sure it is about Tucker 1304 01:47:17,440 --> 01:47:21,220 right, and no other types of agendas, so I know that everybody will be 1305 01:47:21,220 --> 01:47:27,220 respectful and we can be happy with that. Like I said, we looked at surrounding 1306 01:47:27,220 --> 01:47:31,080 municipalities in Decap County who had ordinances. We looked at other cities in 1307 01:47:31,080 --> 01:47:35,140 Georgia and a few across the country at the local and state level. There are 1308 01:47:35,140 --> 01:47:39,340 states. I think maybe there's only three or four that do not have anything like 1309 01:47:39,340 --> 01:47:44,720 this, so we looked at some state ones as well. And then we also met with City 1310 01:47:44,720 --> 01:47:49,660 manager Tammy Hanlon met a few times and had conversations with City Attorney Ted Baguette 1311 01:47:49,660 --> 01:47:51,500 to discuss the impacts of the city, right? 1312 01:47:51,640 --> 01:47:52,660 It goes beyond that. 1313 01:47:52,740 --> 01:47:57,000 We do that with our other ordinance as well and incorporate their feedback into the 1314 01:47:57,000 --> 01:47:58,620 working group recommendations as well. 1315 01:47:59,540 --> 01:48:03,380 So in this report, gave you a little bit of the discussion and feedback, right? 1316 01:48:03,620 --> 01:48:05,620 There was a lot of questions that were thrown out. 1317 01:48:06,400 --> 01:48:13,020 This is not considered a comprehensive list, but was the most frequently raised concerns 1318 01:48:13,020 --> 01:48:16,620 or issues or thoughts that came up when we were talking about this. 1319 01:48:17,040 --> 01:48:19,540 So one why, right? That's the first thing, why? 1320 01:48:20,540 --> 01:48:23,400 Some people said a way to show Tucker is a welcoming city for all, right? 1321 01:48:23,840 --> 01:48:26,560 You're saying it, you're doing it, you've got an ordinance. 1322 01:48:27,100 --> 01:48:29,580 Provide a process for small businesses and complaints. 1323 01:48:29,820 --> 01:48:35,260 It was mentioned we, you know, sometimes these things play out on social media, right? 1324 01:48:35,400 --> 01:48:37,980 And people don't feel like there's a way or process for them. 1325 01:48:38,340 --> 01:48:41,840 So small business owners felt like they thought that was a protection for them as well. 1326 01:48:41,840 --> 01:48:44,700 There was a place that could handle this. 1327 01:48:45,120 --> 01:48:46,580 Many good things happening in Tucker. 1328 01:48:47,700 --> 01:48:50,440 At some times, we're overshadowed by this one concern. 1329 01:48:51,920 --> 01:48:54,120 So that people didn't see all this other stuff 1330 01:48:54,120 --> 01:48:55,360 because they were looking here. 1331 01:48:56,080 --> 01:48:57,120 And then public perception. 1332 01:48:57,320 --> 01:48:58,620 Sometimes it needs some polishing. 1333 01:48:59,640 --> 01:49:00,900 Because people don't know us. 1334 01:49:01,100 --> 01:49:02,360 And they're not living here. 1335 01:49:03,260 --> 01:49:03,960 What is discrimination? 1336 01:49:05,740 --> 01:49:07,680 Derek, you said you have people come to you 1337 01:49:07,680 --> 01:49:08,980 and say this and that. 1338 01:49:09,200 --> 01:49:10,580 It's not personal conflict. 1339 01:49:10,580 --> 01:49:15,220 it's not you favored this person over that person, you know, it occurs when people are treated 1340 01:49:15,220 --> 01:49:21,420 differently or singled out for those various reasons of who they are. Is this happening in Tucker? 1341 01:49:21,880 --> 01:49:26,660 How would we know? Well, how do we know if we don't have a process, right? People are going on 1342 01:49:26,660 --> 01:49:31,700 social media, traditional media. Sometimes we see that it play out across the metro. No one can say 1343 01:49:31,700 --> 01:49:37,160 for sure unless it's happened to them. Some people, you know, aren't sharing that publicly. And, 1344 01:49:37,160 --> 01:49:41,880 And you know, there's no process unless it fits into the federal state or somebody can 1345 01:49:41,880 --> 01:49:42,480 file a lawsuit. 1346 01:49:42,820 --> 01:49:47,540 And we've seen that recently with some lawsuits covered by the A.J.C. with some businesses, 1347 01:49:47,720 --> 01:49:49,320 not here in Tucker, but in other places. 1348 01:49:50,460 --> 01:49:54,840 Thomas, you talked about the federal and state laws that are in place and explained those 1349 01:49:54,840 --> 01:49:55,460 quite well. 1350 01:49:56,080 --> 01:49:59,360 In fact, that was a big concern of some former council members. 1351 01:50:00,220 --> 01:50:05,940 And so if you look at the ordinance, proposed ordinance, draft ordinance, you'll see that 1352 01:50:05,940 --> 01:50:10,080 But we will say if this is a federal or state law, it goes there. 1353 01:50:10,360 --> 01:50:11,920 No double jeopardy. 1354 01:50:12,380 --> 01:50:16,460 We'll be there to help guide that with a hearing officer to say here so you go to here 1355 01:50:16,460 --> 01:50:20,560 so you refer to, but that'll be theirs. 1356 01:50:20,980 --> 01:50:24,580 Fair Housing Act, you know, exceptions are included as well. 1357 01:50:25,180 --> 01:50:30,220 That falls under state and federal laws, so people were worried about that, right? 1358 01:50:30,340 --> 01:50:32,280 I have a room in my house and I want to run it out. 1359 01:50:32,640 --> 01:50:35,200 Well, under Fair Housing Act, you can do that, right? 1360 01:50:35,200 --> 01:50:41,720 you can do that. And it doesn't limit, you know, maximum number of occupants. I know we've had 1361 01:50:41,720 --> 01:50:46,860 that discussion here with us. Does it impede economic development? Does it make businesses think 1362 01:50:46,860 --> 01:50:52,160 twice about locating here? Conversations we had, you know, most companies have their own policies 1363 01:50:52,160 --> 01:50:58,280 that they follow. Companies are in competitive environment, recruitment and retention, younger, 1364 01:50:58,640 --> 01:51:03,960 new generation of employees are looking for this type of thing. And then there's not been a mass 1365 01:51:03,960 --> 01:51:09,020 exodus from any city that's adopted one of these so I think we always have 1366 01:51:09,020 --> 01:51:14,880 these what ifs what if what if and I'm glad that we do that but you know there's 1367 01:51:14,880 --> 01:51:18,000 also a way of being extreme with that as well well this burden small 1368 01:51:18,000 --> 01:51:22,840 businesses yeah there is that concern for some people you know it could be 1369 01:51:22,840 --> 01:51:26,240 cost-saving because maybe you have a local process to go through and you're 1370 01:51:26,240 --> 01:51:31,400 not having to hire that lawyer and go through a lawsuit sometimes you can 1371 01:51:31,400 --> 01:51:37,580 resolve conflicts quicker, city recommends and pays for mediation, mediation, very important. 1372 01:51:37,820 --> 01:51:42,340 It's a complaint driven process, so no one's going out looking for these things, right? 1373 01:51:42,460 --> 01:51:48,640 You're coming in and there's a filing fee, there's a sworn statement, there's a hearing officer 1374 01:51:48,640 --> 01:51:50,980 to review to protect against frivolous claims. 1375 01:51:51,300 --> 01:51:53,960 Some small business owners said yeah, they would welcome a process. 1376 01:51:54,700 --> 01:51:59,860 They also requested a lot of them said, you know, it would nice to have resources and 1377 01:51:59,860 --> 01:52:04,860 educational type, you know, I'm a restaurant tour. This isn't my thing. But if 1378 01:52:04,860 --> 01:52:07,780 there's some education classes that there's somewhere you can point me or 1379 01:52:07,780 --> 01:52:10,960 their resources, I'd like to be able to start to do that with my employees. 1380 01:52:11,600 --> 01:52:15,120 People talk about Georgia being a right-to-work state. That was brought up. That has 1381 01:52:15,120 --> 01:52:21,100 more to do with unions. Georgia and Al will at will employment state. That yeah, 1382 01:52:21,220 --> 01:52:25,480 you can be terminated without warning. How do we express the intent to be more 1383 01:52:25,480 --> 01:52:30,340 educational and compliance versus punishment. That was a big conversation we 1384 01:52:30,340 --> 01:52:33,720 talked about the role of mediation and it's a registered mediator as you'll 1385 01:52:33,720 --> 01:52:37,640 see in the proposed ordinance so so mediators have to register with the state 1386 01:52:38,540 --> 01:52:43,700 so if that process there optional workshop education once per year provide 1387 01:52:43,700 --> 01:52:49,060 resources on a city website maybe we have a page like some of the others do. Mesa 1388 01:52:49,060 --> 01:52:54,540 Arizona has an excellent one by the way that we looked at FAQs process forms and 1389 01:52:54,540 --> 01:52:59,960 And then, you know, the ordinance, yeah, it's an ordinance, there's going to be a punishment, 1390 01:53:00,280 --> 01:53:00,400 right? 1391 01:53:00,640 --> 01:53:02,000 I mean, that's what an ordinance is about. 1392 01:53:02,140 --> 01:53:05,680 So you got grasses, 12 feet, you know, there's something you got to do about that. 1393 01:53:06,020 --> 01:53:11,060 So this one, very, very, and we'll go into the detail of that in a minute, but it's up 1394 01:53:11,060 --> 01:53:11,780 to, right? 1395 01:53:11,880 --> 01:53:13,020 So some said, here's your fine. 1396 01:53:13,320 --> 01:53:13,840 Here's your fine. 1397 01:53:14,100 --> 01:53:19,520 Well, municipal losses, you can only find $1,000, it could be $1,000 a day, right? 1398 01:53:19,640 --> 01:53:21,880 For some cases, but that's not what we're talking about here. 1399 01:53:22,340 --> 01:53:23,180 It's up to, right? 1400 01:53:23,180 --> 01:53:29,040 up to 500 first offends up to a thousand and there's also an in lieu of option and 1401 01:53:29,040 --> 01:53:33,440 lieu of being a corrective or compliance action plan, right? I made a mistake 1402 01:53:33,440 --> 01:53:37,940 here's what I'm going to do moving forward. How do we address a variety of 1403 01:53:37,940 --> 01:53:42,540 religious organizations located in Tucker and to be more inclusive by that 1404 01:53:42,540 --> 01:53:47,440 definition? A lot of other ordinances just use the IRS definition so as you'll 1405 01:53:47,440 --> 01:53:52,200 see ours is expanded because we have a lot of different religious 1406 01:53:52,200 --> 01:53:57,660 organizations here, religious social service agencies, schools, and so we wanted to make 1407 01:53:57,660 --> 01:54:00,280 sure that we were inclusive of all faiths as well. 1408 01:54:00,940 --> 01:54:03,880 And there's also protections there if you don't have a faith, right? 1409 01:54:05,200 --> 01:54:09,360 Concerns about passing upcoming Supreme Court rulings on whether they applied with the public 1410 01:54:09,360 --> 01:54:14,600 accommodation law to compelling artists to speak or stay silent, violating the free speech 1411 01:54:14,600 --> 01:54:15,660 clause of the First Amendment. 1412 01:54:16,300 --> 01:54:18,700 You're going to see a lot of that coming up in the news. 1413 01:54:18,700 --> 01:54:23,180 everybody talks about the Baker, everybody talks about that in Colorado. 1414 01:54:23,860 --> 01:54:29,140 We know that sometimes the Supreme Court narrowly gives their rulings. 1415 01:54:29,740 --> 01:54:35,060 And so just like any other ordinance, if there is a decision that's made, 1416 01:54:35,780 --> 01:54:38,240 we may have to update our ordinance based on those rulings. 1417 01:54:38,240 --> 01:54:40,000 We've had to do that before with state law. 1418 01:54:40,920 --> 01:54:43,800 And we've had to do that before with other ordinances. 1419 01:54:43,800 --> 01:54:49,660 And then, the last but not least, we did this to ourselves as well, a myriad of scenarios. 1420 01:54:50,280 --> 01:54:50,380 Right? 1421 01:54:50,740 --> 01:54:51,280 What if this? 1422 01:54:51,480 --> 01:54:52,020 What if this? 1423 01:54:52,140 --> 01:54:52,620 What if this? 1424 01:54:52,760 --> 01:54:53,320 What if that? 1425 01:54:54,840 --> 01:54:55,240 Yes. 1426 01:54:55,940 --> 01:55:01,540 And Ted Vega got tired of me calling him with all these scenarios, and he said that every 1427 01:55:01,540 --> 01:55:05,040 time one of them came up, and I appreciate you taking those calls, and it's serious. 1428 01:55:05,260 --> 01:55:08,840 I am joking, but it is serious because everybody says, what if this happens? 1429 01:55:09,040 --> 01:55:09,780 What if that happens? 1430 01:55:10,540 --> 01:55:13,340 It's a complaint driven process, right? 1431 01:55:14,440 --> 01:55:17,140 There's no certainty under any ordinance that we have. 1432 01:55:17,400 --> 01:55:20,180 Nothing is ever pure, these are hypotheticals. 1433 01:55:20,480 --> 01:55:22,200 There's always, he started asking me questions. 1434 01:55:22,240 --> 01:55:23,600 Always additional circumstances. 1435 01:55:23,600 --> 01:55:25,880 And I said, well, here's the scenario somebody gave me. 1436 01:55:26,520 --> 01:55:30,960 And then, you know, not every ordinance goes through such a process, right? 1437 01:55:31,200 --> 01:55:32,620 Sometimes we just have to have faith of that. 1438 01:55:32,720 --> 01:55:33,640 It's like a zoning ordinance. 1439 01:55:33,820 --> 01:55:35,000 We all vote on zoning. 1440 01:55:35,500 --> 01:55:39,060 And we always, you know, it's uncertain, right? 1441 01:55:39,060 --> 01:55:41,600 And it's scary because we're making those decisions. 1442 01:55:41,800 --> 01:55:45,360 And I think there's a similarity probably here as well. 1443 01:55:46,000 --> 01:55:50,340 So our recommendation, the working group looked at all of it. 1444 01:55:50,520 --> 01:55:52,820 We wanted to be sure it focused on equity, inclusion, 1445 01:55:52,880 --> 01:55:55,060 and compliance, similar to the resolution 1446 01:55:55,060 --> 01:55:56,880 and had those tones as well. 1447 01:55:58,500 --> 01:56:00,440 Warning complaints like Andrea said, 1448 01:56:00,640 --> 01:56:04,220 good faith discussion, mediation, voluntary resolutions. 1449 01:56:05,080 --> 01:56:08,360 So Derek, when we talked about naming it, 1450 01:56:08,360 --> 01:56:14,980 non-discrimination was so negative right it's negative so equitable and inclusive practices 1451 01:56:14,980 --> 01:56:22,000 so we looked at the name equitable and inclusive practices you have your draft here I'm 1452 01:56:22,000 --> 01:56:24,960 just going to highlight some things that are a little different than some of the others 1453 01:56:24,960 --> 01:56:33,840 people may have have seen before or looked at and I'll start that one on page 7 so we start 1454 01:56:33,840 --> 01:56:39,400 with definitions, we start with intent. First thing is hearing officer, we really thought 1455 01:56:39,400 --> 01:56:44,020 that this person needs to know their stuff, right? We're really, really lying on them. 1456 01:56:44,080 --> 01:56:48,320 We are hearing officers already that work through processes here in our legal system 1457 01:56:48,320 --> 01:56:51,360 for the city. So it should be a member of the State Bar of Georgia and good standing 1458 01:56:51,360 --> 01:56:57,980 and a practicing attorney for at least five years, mediator. We did not have definitions 1459 01:56:57,980 --> 01:57:03,320 for mediator or mediation. And some small business owners said, you know, is that binding? Tell 1460 01:57:03,320 --> 01:57:07,500 me about mediation. They were very curious about it. They didn't understand it. So we thought, 1461 01:57:07,580 --> 01:57:12,560 okay, we're going to put definitions in here about mediation and also perhaps that's a resource. 1462 01:57:12,780 --> 01:57:18,220 You know, what is it? How does it work? So the mediators third party registered with the Georgia 1463 01:57:18,220 --> 01:57:23,240 Office of Dispute Resolution. So that's different than the other ordinances. Our ordinance, you know, 1464 01:57:23,260 --> 01:57:30,200 the state would recognize our list of mediators that we would work with Ted and Tammy if this would 1465 01:57:30,200 --> 01:57:34,140 pass to put that together for them. 1466 01:57:34,320 --> 01:57:36,480 And then 15 religious organizations, 1467 01:57:37,340 --> 01:57:39,460 entities which include are not limited churches, 1468 01:57:39,860 --> 01:57:42,720 mosques, synagogues, temples, non-denominational 1469 01:57:42,720 --> 01:57:46,520 ministries, inter-denominational mission organizations, 1470 01:57:46,800 --> 01:57:48,800 faith-based social agencies, religious schools, 1471 01:57:49,180 --> 01:57:50,880 other entities whose principal purpose 1472 01:57:50,880 --> 01:57:54,220 is to study practice and advancement of religion. 1473 01:57:56,500 --> 01:58:06,080 We decided to call anybody who had a complaint filed against them the respondent because some people, you know, we thought that sounded better. 1474 01:58:06,200 --> 01:58:08,720 They're responding to that complaint, other ordinances. 1475 01:58:09,500 --> 01:58:11,360 What was the other term that they used? 1476 01:58:13,160 --> 01:58:15,660 Accused or something, right? We want to make sure. 1477 01:58:16,180 --> 01:58:17,620 And then verifiable delivery. 1478 01:58:19,080 --> 01:58:22,840 To add thanks for that when we're starting to put that in all of our ordinances, meaning 1479 01:58:22,840 --> 01:58:25,780 there's many different ways that people can be notified. 1480 01:58:26,700 --> 01:58:31,100 One thing to point out that I don't think anybody pays attention to, but we did civil 1481 01:58:31,100 --> 01:58:37,160 rights declared, this is on page 8 guys, the right of an otherwise qualified person. 1482 01:58:37,360 --> 01:58:40,700 We're not saying the person has to be qualified first, right? 1483 01:58:40,980 --> 01:58:44,640 So the right of an otherwise qualified person to be free from discrimination. 1484 01:58:47,280 --> 01:58:53,120 Let's go to exceptions, exception number one, religious organization that employs an 1485 01:58:53,120 --> 01:58:56,140 individual to perform work connected with the organization. 1486 01:58:57,400 --> 01:59:01,300 That insists that the employee adhere to the tenants of the religious organization as 1487 01:59:01,300 --> 01:59:02,500 a condition of employment. 1488 01:59:02,640 --> 01:59:06,500 We're not saying they have to be the same religion, right, so there are some laws that do. 1489 01:59:06,920 --> 01:59:12,880 This expands upon that and just says you're hiring somebody to do any work at your religious 1490 01:59:12,880 --> 01:59:19,160 organization, you know, and you expect them to follow the tenets of your religion. 1491 01:59:19,700 --> 01:59:23,740 It doesn't prohibit them from limiting their accommodations, advantages, facilities, 1492 01:59:23,960 --> 01:59:24,940 membership, or privileges. 1493 01:59:25,300 --> 01:59:25,900 That's number two. 1494 01:59:26,920 --> 01:59:32,420 Number four, a lot of these ordinances just say a business is not required to hire, right, 1495 01:59:32,640 --> 01:59:33,140 or retain. 1496 01:59:33,600 --> 01:59:34,720 We just said employee, right? 1497 01:59:35,320 --> 01:59:38,680 They don't have to employ on qualified or on competent personnel. 1498 01:59:38,680 --> 01:59:41,500 That one was different than the others. 1499 01:59:42,180 --> 01:59:43,460 Five and six are the same. 1500 01:59:44,920 --> 01:59:49,560 Number eight on page nine, we look at senior living. 1501 01:59:49,700 --> 01:59:51,600 We have some senior living facilities here. 1502 01:59:52,280 --> 01:59:57,260 It also places designated for people, individuals with disabilities. 1503 01:59:58,060 --> 01:59:59,260 Here is where we mentioned. 1504 01:59:59,260 --> 01:59:59,800 And so... 1505 02:00:00,000 --> 02:00:29,980 HUD, state of Georgia and Fair Housing Act. Again, these are exceptions. Beneficial pricing. Sometimes you have those senior discounts, veterans, students. So we put an exception in there for that. Place the public accommodations, single sex designated areas within those public accommodations. So a gym, a gym that has a single sex locker rooms. And then, you know, as long as it does not discriminate against other protected groups identified in the 1506 02:00:29,980 --> 02:00:33,440 ordinance and then last but not least unfortunately sometimes we have some 1507 02:00:33,440 --> 02:00:38,580 people who like to have a lot of fun at restaurants or other places and you 1508 02:00:38,580 --> 02:00:43,280 know sometimes somebody has to be kicked out of an establishment right for 1509 02:00:43,280 --> 02:00:46,840 their behavior the behavior towards employees and such and so there's a there's 1510 02:00:46,840 --> 02:00:53,080 a protection in there as well moving to enforcement something that was 1511 02:00:53,080 --> 02:00:57,120 different from some previous drafts you may have seen we talk about the 1512 02:00:57,120 --> 02:01:03,540 complaint form and that would be a resource that we would work on with our legal team to 1513 02:01:03,540 --> 02:01:04,400 get that up and running. 1514 02:01:04,580 --> 02:01:09,680 I know Andrea, you looked at some from other other placed jurisdictions and then they have 1515 02:01:09,680 --> 02:01:10,960 to do a sworn statement. 1516 02:01:11,160 --> 02:01:17,520 They just similar to what we do when we say we want to run for office, so they're doing 1517 02:01:17,520 --> 02:01:18,360 a sworn statement. 1518 02:01:18,660 --> 02:01:25,080 That's not in all of them, but it's in some number two is important there to avoid multiple 1519 02:01:25,080 --> 02:01:26,000 legal actions. 1520 02:01:26,000 --> 02:01:27,880 So, people were worried about that, right? 1521 02:01:28,140 --> 02:01:31,540 People, somebody's going to come here, they're going to go here, they're going to test it 1522 02:01:31,540 --> 02:01:32,240 out everywhere. 1523 02:01:32,820 --> 02:01:37,160 To avoid multiple legal actions, if the complainant has filed a complaint with a state or federal 1524 02:01:37,160 --> 02:01:42,380 agency or court alleging the same facts, the hearing officer will dismiss the city of Tucker 1525 02:01:42,380 --> 02:01:46,560 complaint to allow the appropriate agencies or court to address the allegations. 1526 02:01:47,360 --> 02:01:51,760 Number three, if the complaint states a claim that would be a violation of existing state 1527 02:01:51,760 --> 02:01:58,180 or federal law, or as an jurisdiction of those agencies, they'll also help refer that complaint over. 1528 02:01:58,460 --> 02:02:04,400 And referring just means, you know, we're not making them take it, we're not saying it, we're going to give a pathway. 1529 02:02:04,980 --> 02:02:06,740 Here's where you should go. It's not here. 1530 02:02:08,340 --> 02:02:15,000 But most people might feel more comfortable coming into City Hall, right, to ask those questions, or work through the city, 1531 02:02:15,520 --> 02:02:19,620 and may not know about other places for them to go. 1532 02:02:19,620 --> 02:02:24,060 And we had a case like that previously, 1533 02:02:24,560 --> 02:02:27,720 but we didn't have a process in place for it. 1534 02:02:28,760 --> 02:02:31,340 Another thing that is different down here. 1535 02:02:32,360 --> 02:02:35,000 Number nine, I know Decatur does this as well. 1536 02:02:36,860 --> 02:02:40,160 Having a city pay for the maximum of six hours 1537 02:02:40,160 --> 02:02:44,100 of mediation, showing that that's important to us. 1538 02:02:44,240 --> 02:02:46,320 And as Andrea said, if people can't 1539 02:02:46,320 --> 02:02:50,100 I saw something in six hours and they're not going to solve it. 1540 02:02:52,220 --> 02:02:54,020 The mediation should be completed. 1541 02:02:54,160 --> 02:02:58,980 So the mediator, Ted talked to us about, you've got to let us know whether it's successful 1542 02:02:58,980 --> 02:02:59,860 or not, right? 1543 02:03:00,220 --> 02:03:01,740 The mediation is successful or not. 1544 02:03:01,940 --> 02:03:05,300 That's number 10 or 1545 02:03:07,860 --> 02:03:08,460 12. 1546 02:03:09,340 --> 02:03:10,720 That's the same as some others. 1547 02:03:11,700 --> 02:03:16,860 Number 13 just allows the hearing officer to be able to advise unacceptable evidence or rules 1548 02:03:16,860 --> 02:03:21,860 for subvenient evidence, and then just some differences here that we talked about again. 1549 02:03:22,280 --> 02:03:27,320 So let's say it goes through the process and within 10 business days of the conclusion 1550 02:03:27,320 --> 02:03:30,240 of a hearing, the hearing officer can dismiss it, right? 1551 02:03:30,680 --> 02:03:37,580 So it worked out, it failed to state the fact sufficient to evoke any kind of disciplinary 1552 02:03:37,580 --> 02:03:38,080 action. 1553 02:03:38,800 --> 02:03:46,080 B, if there is a violation, a person or a business, could be found subject to a civil 1554 02:03:46,080 --> 02:03:54,440 penalty of up to $500 again important to our group to say up to for the first violation 1555 02:03:54,440 --> 02:04:01,580 and up to $1,000 for each subsequent violation and then in addition to or enlu of that you 1556 02:04:01,580 --> 02:04:06,240 can impose or request a corrective action plan for future compliance I know Thomas that 1557 02:04:06,240 --> 02:04:10,500 was one that was really really important to you because of the work that you do and what 1558 02:04:10,500 --> 02:04:19,540 you see day in and day out there. 17 you know the parties they don't like the 1559 02:04:19,540 --> 02:04:23,620 final decision and there's 30 days they can go to the Superior Court of 1560 02:04:23,620 --> 02:04:29,540 Decad County that's similar to other other ordinances. Part two on page 11 1561 02:04:29,540 --> 02:04:35,400 holds us accountable right at our HR practices. We talked to Tammy about that in 1562 02:04:35,400 --> 02:04:41,820 Ted, and Tammy has, we've got a handbook that we use, but we're also in the process 1563 02:04:41,820 --> 02:04:44,260 of hiring an HR manager. 1564 02:04:44,960 --> 02:04:49,880 That was important to folks because, quite frankly, Don Serino said, you know, I don't 1565 02:04:49,880 --> 02:04:56,840 want my taxpayer money going, you know, because we didn't have practices in place, procedures 1566 02:04:56,840 --> 02:04:57,840 in place, and we do. 1567 02:04:59,820 --> 02:05:04,000 Part three, I haven't, we have an XX there, part one of this ordinance will take effect, 1568 02:05:04,000 --> 02:05:09,960 You know, so many days after passage, that's really, you know, can we get some information 1569 02:05:09,960 --> 02:05:10,960 up on the website? 1570 02:05:11,800 --> 02:05:17,840 Can we get it out to the businesses and their occupational tax certificates? 1571 02:05:18,480 --> 02:05:25,480 And you know, what is best in the function of the city to get that started if it passes? 1572 02:05:25,480 --> 02:05:32,200 is part four gives the city manager and city attorney 1573 02:05:32,200 --> 02:05:34,780 they can develop the administrative procedures 1574 02:05:34,780 --> 02:05:36,860 as necessary to give effect to the ordinance. 1575 02:05:38,060 --> 02:05:40,400 Economic development department and conjections 1576 02:05:40,400 --> 02:05:43,240 communications create and implement a plan 1577 02:05:43,240 --> 02:05:45,160 to inform businesses and residents in the city 1578 02:05:45,160 --> 02:05:47,440 of Tucker about the ordinance if it would pass. 1579 02:05:48,160 --> 02:05:50,820 And plan to include an educational opportunity at least 1580 02:05:50,820 --> 02:05:51,620 once per year. 1581 02:05:52,260 --> 02:05:53,900 And we talked about maybe partnering 1582 02:05:53,900 --> 02:05:59,720 with other business groups in Tucker to do that to help educate their small business owners. 1583 02:06:00,520 --> 02:06:05,800 And then this is similar to the resolution when we get out the occupational tax certificates 1584 02:06:05,800 --> 02:06:12,740 to have a copy of this distributed to every holder of that. And then the last part is just you know 1585 02:06:14,800 --> 02:06:20,920 our legal ease that we put in for every ordinance just saying if there's issues with one paragraph 1586 02:06:20,920 --> 02:06:25,020 sentence or clause, you know, it's declared unconstitutional, the whole thing doesn't get 1587 02:06:25,020 --> 02:06:25,220 thrown. 1588 02:06:27,710 --> 02:06:28,610 I know it fast. 1589 02:06:29,150 --> 02:06:35,110 I know we've been here for a while, so we'll get this to Bonnie, for you to put up 1590 02:06:35,110 --> 02:06:43,950 others to add it, just to review the draft ordinance, and just again, want to thank everybody, 1591 02:06:44,130 --> 02:06:47,070 thank everybody for their time and consideration and patience on this. 1592 02:06:47,630 --> 02:06:49,330 Carrie, did you want to say anything before we do questions? 1593 02:06:50,550 --> 02:06:51,470 Yes, thank you. 1594 02:06:51,470 --> 02:06:55,850 I am very proud of the process and thrilled to be a part of the group. 1595 02:06:56,870 --> 02:07:02,850 As you know, last fall's election was a tough time for this community and I believe this will bring us unity. 1596 02:07:04,330 --> 02:07:13,530 We have thoroughly reviewed a variety of opportunities here and I think this NDO is one of the best in the community. 1597 02:07:13,790 --> 02:07:18,370 It can make us city kind of a better city for what it's worth. 1598 02:07:19,030 --> 02:07:29,170 And finally, I think that it really solidifies what we can represent in Tucker to continue to 1599 02:07:29,170 --> 02:07:30,130 unify everyone. 1600 02:07:30,610 --> 02:07:36,830 And I want to thank Anne for her caring concerns for the community, how much time she's 1601 02:07:36,830 --> 02:07:38,310 been to get by in. 1602 02:07:38,670 --> 02:07:44,030 We spent a tremendous amount of time in our work session meetings and meeting with the open 1603 02:07:44,030 --> 02:07:46,770 door group and a variety of other key players. 1604 02:07:46,770 --> 02:07:56,870 I just want to thank all of them for their input and their commitment and their time and I want to urge mayor and council to move forward with this process. 1605 02:07:57,910 --> 02:07:58,610 Thank you. 1606 02:08:01,400 --> 02:08:13,180 Well, I have to add my thanks also to our fellow council members who have led the process but especially to community members who are willing as others have put it out to put in a lot of time and effort. 1607 02:08:14,860 --> 02:08:20,860 many of you on lots of other issues, so that's just this one, so thank you, we're grateful 1608 02:08:20,860 --> 02:08:21,320 for your work. 1609 02:08:21,780 --> 02:08:26,260 And also I'll say for respecting the process, respecting the need for a process. 1610 02:08:28,300 --> 02:08:38,380 We had in our original charter in order to protect minority views on the council, we had a provision 1611 02:08:38,380 --> 02:08:43,760 that allow anyone, council member, at any time, to add something to the agenda and cause 1612 02:08:43,760 --> 02:08:47,660 us to take it up and discuss it in act or not act or whatever. 1613 02:08:47,940 --> 02:08:51,300 Somewhere along the way, I think, as part of our charter review commission, we changed 1614 02:08:51,300 --> 02:08:51,960 that to two. 1615 02:08:52,200 --> 02:08:58,440 Just to keep it from, you know, we realize there was a lot of potential for a rogue act 1616 02:08:58,440 --> 02:09:03,920 or somebody who just had a burn or saddle, as they say, I'm going to get to you know well. 1617 02:09:06,380 --> 02:09:09,360 So we changed it to just to add a little bit of protection to that. 1618 02:09:10,080 --> 02:09:13,840 But that's been the case, and all along this time, any two members of council could have 1619 02:09:13,840 --> 02:09:14,280 got together. 1620 02:09:15,020 --> 02:09:18,040 It's sick of talking about it, and I'm sick of hearing about it, thinking about it, whatever 1621 02:09:18,520 --> 02:09:23,200 I want to force some action, and it's a credit that they have not, because there's a lot 1622 02:09:23,200 --> 02:09:23,760 of disagreement. 1623 02:09:24,480 --> 02:09:29,720 There's a lot of open questions, there's a lot of, I think, hypotheticals are what we do in 1624 02:09:29,720 --> 02:09:33,140 in whatever kind of ordinance is owning or contracts, 1625 02:09:33,140 --> 02:09:36,880 all the stuff we do, we ask, what if and what about 1626 02:09:36,880 --> 02:09:40,940 and suppose that and we have to go through those things. 1627 02:09:41,280 --> 02:09:45,520 So I have questions that I want to ask this is kind of our 1628 02:09:45,520 --> 02:09:48,860 time for council members to ask our fellow council members 1629 02:09:48,860 --> 02:09:51,620 about the process and the ordinance and the thinking 1630 02:09:52,020 --> 02:09:55,820 so that we can kind of understand the conclusions 1631 02:09:55,820 --> 02:09:59,620 and are we all in some kind of consensus about them. 1632 02:10:00,200 --> 02:10:03,620 So, it's sort of like that organized it a little bit 1633 02:10:03,620 --> 02:10:05,300 so that we're not just all over the place, 1634 02:10:05,580 --> 02:10:08,880 and I'm gonna suggest that we start with kind of questions 1635 02:10:08,880 --> 02:10:11,520 about the process, you've heard a lot of it described. 1636 02:10:12,940 --> 02:10:14,700 But about what you all did, 1637 02:10:15,500 --> 02:10:17,100 how you came to certain conclusions, 1638 02:10:17,640 --> 02:10:18,980 did you consider other things, 1639 02:10:19,020 --> 02:10:21,240 what was the discussion, that sort of thing. 1640 02:10:21,880 --> 02:10:25,220 So, Noel, if that's okay with you, 1641 02:10:25,220 --> 02:10:27,560 or do you have something to interject at this point? 1642 02:10:29,340 --> 02:10:33,280 Well, I just wanted to thank everybody for working hard on this 1643 02:10:33,280 --> 02:10:37,880 frank. It was a long process and I know that 1644 02:10:37,880 --> 02:10:42,040 Anne and her group came together and put that together and I would gladly 1645 02:10:42,040 --> 02:10:45,180 second this in a heartbeat. I just wanted to let you know where I was on it. 1646 02:10:45,620 --> 02:10:50,140 Process, not process. It's been in the wing for a while. 1647 02:10:50,560 --> 02:10:53,940 I think the current iteration of the organets 1648 02:10:53,940 --> 02:11:01,320 is written very well. I think that Andrea and Sandra and Thomas and Derek did their due diligence 1649 02:11:01,320 --> 02:11:06,140 and walk through it. I think Ted walked through it. I don't see there's a lot more left to do, 1650 02:11:06,360 --> 02:11:11,260 but to put it on our docket and let the public take a good look at it. It's all I have to say. 1651 02:11:11,740 --> 02:11:12,120 Thank you. 1652 02:11:14,250 --> 02:11:23,310 Roger. Yeah, I want to kind of join into well, but I met with Virginia and Kara for 1653 02:11:23,310 --> 02:11:29,430 lunch last week and it was my first eyes on this document. I know Andy sent me a new one today 1654 02:11:29,430 --> 02:11:34,450 but I wasn't able to see it or print it at nap time since you found out I wasn't going to be there. 1655 02:11:35,390 --> 02:11:45,050 It was very comprehensively written and you know I found a few vagaries that we'll talk about 1656 02:11:45,530 --> 02:11:52,490 that I think need to be sharpened but what an incredible document and a large document and 1657 02:11:52,490 --> 02:11:55,370 and I want to thank Ann and Karen Virginia 1658 02:11:55,370 --> 02:11:57,790 and certainly Derek Andrew and Tom 1659 02:11:58,290 --> 02:12:01,030 who were very eloquent tonight 1660 02:12:01,690 --> 02:12:05,250 because especially Tom, I wasn't a huge fan 1661 02:12:05,250 --> 02:12:08,170 of codifying this type of thing 1662 02:12:08,590 --> 02:12:11,190 because I was one of the guys that Tom pointed out 1663 02:12:11,190 --> 02:12:13,430 that said, hey, we got federal state laws 1664 02:12:13,430 --> 02:12:18,530 but obviously I know that 15 and under it doesn't apply. 1665 02:12:18,530 --> 02:12:26,230 So ultimately where I wanted to see a document that said, we love everyone, welcome to Tucker, 1666 02:12:26,750 --> 02:12:34,110 it's not practical the way this document is practical, and I'm hoping in the introspection 1667 02:12:34,110 --> 02:12:41,730 that I'm seeing this through the eyes of someone who doesn't think to discriminate so that in that 1668 02:12:41,730 --> 02:12:48,210 effect that's why I didn't think we needed to talk, but I guess others do, and I'm very, very happy 1669 02:12:48,210 --> 02:12:53,490 with all the work everyone put into this because it was an incredible amount and it's obvious in the 1670 02:12:53,490 --> 02:12:56,570 product. So thank you and I'm with Noel. 1671 02:12:59,080 --> 02:13:03,640 So questions about the process, anything that 1672 02:13:05,160 --> 02:13:08,040 has gone over about what they did and all that. 1673 02:13:10,910 --> 02:13:13,830 There was a lot of talk about over the course of 1674 02:13:13,830 --> 02:13:21,250 several years, whether we're authorized as a city to regulate businesses in this kind of way. 1675 02:13:24,170 --> 02:13:28,430 I had a conversation with Ted about it, and if I can put words in his mouth, I think 1676 02:13:28,430 --> 02:13:35,090 what he told me was very affirmatively, we don't know that it's the laws on clear 1677 02:13:35,090 --> 02:13:35,410 on it. 1678 02:13:35,550 --> 02:13:36,530 Did you all discuss that? 1679 02:13:37,010 --> 02:13:37,390 Did you, 1680 02:13:39,700 --> 02:13:44,220 how did you come down on, we don't know if it's legal, but we want it forward 1681 02:13:44,220 --> 02:13:44,740 to head anyway. 1682 02:13:47,090 --> 02:13:47,690 So we did. 1683 02:13:48,270 --> 02:13:53,790 And he said, you know, it's gray, and that's what we heard from other city attorneys and 1684 02:13:53,790 --> 02:14:00,750 other cities as well. And we decided that that was okay with us and that we would move forward 1685 02:14:00,750 --> 02:14:07,030 forward with that. We've got attorneys and mediators and on our working group and we've seen 1686 02:14:07,030 --> 02:14:13,090 other city attorneys say the same thing and we appreciate it his honesty and we know that he has 1687 02:14:13,670 --> 02:14:17,870 good experience working with cities across the state and we understood that but we thought 1688 02:14:17,870 --> 02:14:20,990 But, you know, it was time to do this anyway. 1689 02:14:30,480 --> 02:14:34,880 I heard some things that I want to ask you if I heard it right, but the question that 1690 02:14:34,880 --> 02:14:40,860 I had written for myself was, how do we assess the size and the scale of the problem now? 1691 02:14:41,860 --> 02:14:42,580 In other words, 1692 02:14:44,660 --> 02:14:51,810 usually, I don't know, maybe I won't care, I expect we would have such 1693 02:14:51,810 --> 02:14:55,150 an ordinance as a response to an identified problem. 1694 02:14:55,910 --> 02:14:59,790 It's out there. It's creating fronts to help. 1695 02:15:07,520 --> 02:15:28,220 I think we talked a little bit about in the report, you know, we don't have a process, right? So how do you guys shake in your heads, you know, how do we know? We hear things, you know, people shared their experiences with us. 1696 02:15:30,040 --> 02:15:37,440 We talked about our working group had experienced some things as well, but we don't have a process 1697 02:15:37,440 --> 02:15:43,480 to say, quantifiably, there's been 20 issues of this, this is what they ranged in. 1698 02:15:44,500 --> 02:15:47,100 Quite frankly, we don't have that process, so we don't know. 1699 02:15:47,300 --> 02:15:51,640 We do know from other cities as well, I think City of Atlanta's had four or five. 1700 02:15:52,140 --> 02:15:56,020 Other cities have had people file complaints, but it's not gone through the entire process. 1701 02:15:56,020 --> 02:16:02,320 There's either been a mediation or they have said, you know what, this doesn't fall under this, right? 1702 02:16:02,480 --> 02:16:09,180 But I cannot tell you, yeah, we have, we have this happens once a week in Tucker, you know, we don't know. 1703 02:16:11,800 --> 02:16:20,610 So I think to the question of we don't know, maybe we don't know specifics, but I think it's really 1704 02:16:20,610 --> 02:16:25,110 important that these are, we recognize that these are called protected classes for a reason, 1705 02:16:25,110 --> 02:16:29,170 and they're called protected classes because historically they have not been protected. 1706 02:16:29,670 --> 02:16:35,750 They have not received the same rights and treatments as people that don't fall into those classes. 1707 02:16:36,130 --> 02:16:43,630 And so while we may not have specific detailed data because often when people have raised their voice, 1708 02:16:43,950 --> 02:16:48,330 they have been further penalized for raising their voice about the things that have happened to them, 1709 02:16:48,750 --> 02:16:54,550 that part of this which I appreciate so much how you all included the inclusive language, 1710 02:16:54,550 --> 02:17:00,370 the equitable language that we are. We have to think about that too. Qualitative data is important 1711 02:17:00,370 --> 02:17:05,970 and we know from quantitative data outside of our city that this happens and so giving people 1712 02:17:05,970 --> 02:17:12,270 a process and a voice and I really appreciate the framework for mediation. I hope that that's a 1713 02:17:12,270 --> 02:17:18,990 process that we can apply to other components of our ordinances and think about that. So I just want 1714 02:17:18,990 --> 02:17:23,730 to say that I think we really have to recognize that these are protected classes who have historically 1715 02:17:23,730 --> 02:17:27,870 been harmed in various ways and so we really need a process for them to be able to safely 1716 02:17:27,870 --> 02:17:32,350 share their experiences if they are happening, which they probably are. 1717 02:17:33,910 --> 02:17:41,450 Thanks. I'm trying for myself to avoid making statements or debating the issue. I really 1718 02:17:42,310 --> 02:17:51,330 just have a lot of questions and I see some as I have problematic aspects in making law to 1719 02:17:51,330 --> 02:17:55,810 a dress, in this case, an issue that maybe for good reasons, maybe for real reasons, 1720 02:17:56,510 --> 02:18:02,030 we don't know the size and the scale, so we don't know whether our law would address 1721 02:18:02,030 --> 02:18:05,430 it or make it worse or have some unintended consequences. 1722 02:18:06,450 --> 02:18:14,490 So did I hear somebody in the presentation say that we need to pass the law to create a process 1723 02:18:14,490 --> 02:18:17,710 to figure out if we have a problem, is that? 1724 02:18:17,710 --> 02:18:24,170 I don't, I'm not trying to put words on anybody's mouth, but I think I heard somebody say something to them. 1725 02:18:24,250 --> 02:18:28,690 No, I think it's more, the process is there if there is an issue, right? 1726 02:18:28,850 --> 02:18:32,350 It's not to create issues, it's if there is an issue. 1727 02:18:32,510 --> 02:18:39,850 The federal government has the process, they didn't do that to create issues or other states have this process as well. 1728 02:18:40,510 --> 02:18:46,710 But I don't think it's, let's do it so we find out if we have issues, it's there if we need it. 1729 02:18:46,710 --> 02:18:49,710 We have similar ordinances that are there if we need it. 1730 02:18:50,510 --> 02:18:51,970 Can you give me an example of that? 1731 02:19:01,140 --> 02:19:07,700 We don't have, I mean we didn't have as far as I know, rampant scooters all over our city. 1732 02:19:08,240 --> 02:19:14,260 But we've all passed an ordinance regulating that behavior because of the potential. 1733 02:19:20,580 --> 02:19:22,620 Did you all ask 1734 02:19:25,310 --> 02:19:30,270 or investigate on this issue of all these federal laws and some state laws 1735 02:19:30,270 --> 02:19:33,570 that have a threshold less than 15 employees. 1736 02:19:36,550 --> 02:19:38,930 Did anybody investigate why those laws are written that way? 1737 02:19:39,050 --> 02:19:42,130 I mean, they've been coming up on 60 years 1738 02:19:42,130 --> 02:19:45,370 in the case of Title VII, dozens of them, 1739 02:19:45,650 --> 02:19:48,830 the ADA, all these thresholds. 1740 02:19:49,590 --> 02:19:53,030 Are you saying that you conclude that that's a mistake 1741 02:19:53,030 --> 02:19:55,770 that we need to fix, or did anybody ask 1742 02:19:55,770 --> 02:19:58,690 or attempt to answer why those thresholds exist? 1743 02:19:59,950 --> 02:20:05,990 I see Thomas or Andrea looking like they're kind of wanting to get out of here for our council members. Thank you. 1744 02:20:08,220 --> 02:20:13,040 I didn't do any investigation on that. No, but I'd like to hear from our experts who talked about it. 1745 02:20:14,080 --> 02:20:18,660 Yeah. I mean, what they were in our working group. That's why I wanted it. 1746 02:20:18,820 --> 02:20:24,100 Yeah, but it's a council meeting. I'm trying to just because I don't want to have a whole room full of people talking about it. 1747 02:20:24,100 --> 02:20:27,800 I would ask that you allow them, because when we did the 1748 02:20:30,560 --> 02:20:33,660 friends of Tucker Path, we asked some questions to those folks. 1749 02:20:33,700 --> 02:20:34,180 Is that okay? 1750 02:20:35,060 --> 02:20:38,260 Thomas, why does this federal government have thresholds like that? 1751 02:20:38,400 --> 02:20:42,220 And is it a mistake that we need to fix, or is there some rationale we ought to consider? 1752 02:20:42,580 --> 02:20:47,980 Because in 1964, a lot of people didn't want to have a law regarding discrimination. 1753 02:20:49,100 --> 02:20:55,420 So, Title VII, originally it was going to be about race and ethnicity and other things, 1754 02:20:56,080 --> 02:21:00,480 and there's a large group that said we don't want any protection for against discrimination. 1755 02:21:02,200 --> 02:21:05,840 And so many got the broad idea that they're going to put a poison pill into it. 1756 02:21:06,480 --> 02:21:10,760 And the poison pill was, you know, why don't we also protect against discrimination based 1757 02:21:10,760 --> 02:21:11,140 on sex? 1758 02:21:11,680 --> 02:21:15,720 But that had the opposite, because then somebody made the argument, well think about 1759 02:21:15,720 --> 02:21:19,380 what your daughters think about, you know, the women in your life do you want them to 1760 02:21:19,380 --> 02:21:20,200 be discriminated against? 1761 02:21:20,640 --> 02:21:30,120 So the 15 was arbitrary, it was basically something to appease those who just didn't want 1762 02:21:30,120 --> 02:21:35,280 any discrimination law to say, okay, all right, well, you know, we can see that this will 1763 02:21:35,280 --> 02:21:41,580 apply to bigger employers and, you know, they did, and they also want to drive small employers 1764 02:21:41,580 --> 02:21:45,480 you know, into the whole process, because with Title VII, 1765 02:21:45,860 --> 02:21:48,220 your person goes files and complains with the EOC. 1766 02:21:49,580 --> 02:21:52,640 Well, they go to the EOC, and they file a charge of discrimination, 1767 02:21:53,340 --> 02:21:56,620 then it goes sent to the employer, and the employer has to do, 1768 02:21:56,660 --> 02:22:01,520 provide a position, statement, explaining why there was no discrimination. 1769 02:22:02,100 --> 02:22:05,120 And then, after that, then there may be some more investigation, 1770 02:22:07,000 --> 02:22:12,820 and the EOC can go ahead and file a lawsuit against that employer, or they can file 1771 02:22:14,660 --> 02:22:18,960 no finding of no cause, and then give the issue a right to seal letter, and the individual 1772 02:22:18,960 --> 02:22:21,260 can go and then bring their own lawsuit. 1773 02:22:21,680 --> 02:22:25,080 If it's going on for too long a period of time, the individual can say, you know what, 1774 02:22:25,240 --> 02:22:28,580 EOC, get out of my way, give me my right to seal letter. 1775 02:22:28,580 --> 02:22:34,660 So, the thought was, well, you know, we're going to go with 15, you know, as the threshold 1776 02:22:34,660 --> 02:22:39,180 is partly to get people to say, all right, well, we don't want any of this, but we'll 1777 02:22:39,180 --> 02:22:41,880 go with that, um, is compromised. 1778 02:22:42,380 --> 02:22:45,200 And, uh, you know, you're talking about something that was 1964. 1779 02:22:45,640 --> 02:22:52,100 Now, if you look at other states, they don't have, I can't think of what went off the 1780 02:22:52,100 --> 02:22:52,600 top of my head. 1781 02:22:52,600 --> 02:23:03,000 other states will have different thresholds. Title 7 is a floor. It's the minimum that has 1782 02:23:03,000 --> 02:23:08,880 to be done, but states can go and provide more protection than Title 7. So, you're looking 1783 02:23:08,880 --> 02:23:17,660 at something, you're looking at a law in 1964 where a lot of people didn't want it, a lot 1784 02:23:18,980 --> 02:23:24,300 Southern legislators voted against it. It wasn't a very popular thing but it was 1785 02:23:24,300 --> 02:23:28,340 the right thing to do. 15 was, you know, what can we do to get this thing passed 1786 02:23:28,340 --> 02:23:30,800 and that's, you know, over the gold wine and that's why you have it there. 1787 02:23:32,820 --> 02:23:34,020 So the 1788 02:23:34,020 --> 02:23:39,620 Navy burdens too, right? They wanted to, they thought maybe that process would be 1789 02:23:39,620 --> 02:23:43,060 a burden to a small business versus maybe a process like that. 1790 02:23:45,500 --> 02:23:46,300 So that was been on 1791 02:23:46,300 --> 02:23:49,320 in the books for 58 years since 1964. 1792 02:23:50,500 --> 02:23:54,040 Through periods where the presidency of both houses of Congress 1793 02:23:54,040 --> 02:23:57,380 were all held by one party or the other 1794 02:23:57,380 --> 02:23:59,600 and later by the other party, and it's been back and forth, 1795 02:23:59,700 --> 02:24:03,340 every conceivable combination that thresholds remained. 1796 02:24:04,480 --> 02:24:06,920 The poison pill or otherwise still 1797 02:24:09,670 --> 02:24:10,670 left wondering, 1798 02:24:12,250 --> 02:24:16,090 maybe there's some good reason why something like that exists. 1799 02:24:16,090 --> 02:24:22,350 this, maybe there's some good reason why states who have the latitude to make a different 1800 02:24:22,350 --> 02:24:27,990 threshold haven't gone down to one or zero and I think it has to do, I'm going to keep 1801 02:24:27,990 --> 02:24:29,370 asking questions, forgive me. 1802 02:24:30,450 --> 02:24:32,890 That's fine, I think some local ones started at five. 1803 02:24:33,330 --> 02:24:36,010 I remember Mesa, I think started at five in the way or more. 1804 02:24:36,350 --> 02:24:45,210 But are this proposal is for one, is that proposal to us, is every employer of every size, 1805 02:24:45,210 --> 02:24:47,410 There's no limits, no threshold. 1806 02:24:55,810 --> 02:25:01,370 Did you all talk, so it's been three years plus now that we've been having this conversation? 1807 02:25:02,510 --> 02:25:06,290 Have things in this regard deteriorated in those three years? 1808 02:25:06,510 --> 02:25:10,030 Now that it's been on the table, it's been on everybody's mind. 1809 02:25:10,830 --> 02:25:13,370 Are we better or worse about the same? 1810 02:25:14,630 --> 02:25:15,470 We don't know. 1811 02:25:16,810 --> 02:25:18,310 What's happened in recent history? 1812 02:25:20,580 --> 02:25:24,020 Well, I'd say it became a divisive issue, right? 1813 02:25:24,240 --> 02:25:26,700 So I think we're probably worse not having these types 1814 02:25:26,700 --> 02:25:30,500 of discussions that we put it off for quite a while, you know. 1815 02:25:30,720 --> 02:25:33,240 I don't know about the climate of, as discrimination, 1816 02:25:33,900 --> 02:25:35,240 been worse or not, right? 1817 02:25:35,640 --> 02:25:37,840 But I would say, that's what I mean. 1818 02:25:37,960 --> 02:25:40,920 Do we have any measure or any way to judge or since? 1819 02:25:41,320 --> 02:25:42,500 No, no. 1820 02:25:43,240 --> 02:25:46,780 I mean, again, I think the question is, are we talking 1821 02:25:46,780 --> 02:25:48,640 about locally or are we talking about regionally? 1822 02:25:48,700 --> 02:25:49,400 Are we talking about statewide? 1823 02:25:49,400 --> 02:25:56,120 I think there's been a slew of pretty discriminatory legislation that think goodness hasn't passed 1824 02:25:56,120 --> 02:26:00,020 around some of the protected classes that we're talking about in this ordinance. 1825 02:26:00,440 --> 02:26:06,100 So I do think that there, we don't, I think you said it so well, Derek, 1826 02:26:06,640 --> 02:26:10,620 that we don't want to, we want to have a process in place for when something does happen. 1827 02:26:11,760 --> 02:26:18,220 And maybe we will be blessed and nothing will happen to people. 1828 02:26:18,220 --> 02:26:24,020 but we give an opportunity. So I know there was a nearby city where somebody was discriminated 1829 02:26:24,020 --> 02:26:30,020 against based on their expressed gender, you know their gender expression and they had no 1830 02:26:30,020 --> 02:26:35,480 recourse because there wasn't anything in place. So I think and I really liked your kind of 1831 02:26:35,480 --> 02:26:40,580 summary that you had around kind of answering those questions because you said this gives a process 1832 02:26:40,580 --> 02:26:46,060 so it's not just social media or traditional media as the only way to adjudicate issues when they come up. 1833 02:26:47,950 --> 02:26:51,610 I mean, that was what we heard from small business owners and other people making 1834 02:26:54,100 --> 02:26:54,460 it. 1835 02:26:54,460 --> 02:27:02,660 So I heard, I read, assuming that the version you gave me tonight is the same or essentially 1836 02:27:02,660 --> 02:27:03,780 the same is what we had before. 1837 02:27:05,960 --> 02:27:11,020 But I've heard really kind of since the beginning of this conversation, three years ago, I heard 1838 02:27:11,020 --> 02:27:13,920 tonight plainly, this is everybody. 1839 02:27:14,440 --> 02:27:19,280 This is, this offers protections to everybody, we all fall into one or more of the groups 1840 02:27:19,280 --> 02:27:20,040 that are protected. 1841 02:27:21,680 --> 02:27:28,770 it's for all of us. I can't square that within the same breath, we talk about protected 1842 02:27:28,770 --> 02:27:35,370 classes and covered groups and all that. When we talk about groups and classes and 1843 02:27:35,370 --> 02:27:41,730 categories, we necessarily refer to them as if they're monoliths. If everybody who's 1844 02:27:41,730 --> 02:27:45,870 in this group thinks or feels or experiences the same thing because they're in that group. 1845 02:27:47,850 --> 02:27:53,250 So, throughout, I'll get to some questions when we talk about the ordinance, in particular, 1846 02:27:56,530 --> 02:28:02,230 is it everybody, do we need to name, I can't score that, give me some feedback. 1847 02:28:03,890 --> 02:28:09,130 I'm covered as part of everybody, right, so you could describe me according to my age 1848 02:28:09,130 --> 02:28:16,330 and my race and my sexual, whatever, I'm covered, so if I, are you saying I have a complaint, 1849 02:28:16,330 --> 02:28:21,130 I can file under this act just like anybody else in the room can. 1850 02:28:22,150 --> 02:28:25,210 If you felt you were being discriminated against one of these things. 1851 02:28:37,180 --> 02:28:40,880 So I mean, you've got some, you're welcome to do that. 1852 02:28:41,100 --> 02:28:43,960 So what protected group am I in? 1853 02:28:45,460 --> 02:28:47,640 I'm sorry, use myself as an example. 1854 02:28:48,600 --> 02:28:50,720 We can just Thomas or Matthew back there. 1855 02:28:51,040 --> 02:28:53,960 Well, I mean, explicitly obviously it's age, but it's also about 1856 02:28:53,960 --> 02:29:04,760 If somebody comes to you and says just the things you named and said, I'm not going to hire you because you're a white man over 40, then that is a discriminatory statement and you were discriminated against. 1857 02:29:05,340 --> 02:29:12,760 There are groups that meet a lot of categories that kind of systemically can be discriminated against. 1858 02:29:13,060 --> 02:29:18,920 But any person who follows under this could potentially be discriminated against. 1859 02:29:18,920 --> 02:29:23,140 I think your chances are lower but it could happen. 1860 02:29:24,340 --> 02:29:32,770 So is this for everybody or do we need to name groups and how do we deal with the idea 1861 02:29:32,770 --> 02:29:38,950 that what we really want is everybody just get along but we're going to call out this 1862 02:29:38,950 --> 02:29:45,230 group, it's illegal to discriminate against this group, it's illegal to discriminate against 1863 02:29:45,230 --> 02:29:48,830 that one, and we're adding to the list that the federal law calls out, 1864 02:29:51,440 --> 02:29:52,300 a group that has 1865 02:29:52,300 --> 02:29:59,720 been called in by the Bostock case. I'm just... 1866 02:30:00,020 --> 02:30:28,900 I'm going to be looking for some clarity on, are we talking about predictive groups or are we talking about everybody? I think everybody likes to say everybody, right? But there are some people who won't be covered under this. That's just a fact, right? Just like they aren't covered on the federal law, as well, or some of the state laws either. And then as I pointed out before, too, it's the right of an otherwise qualified person, right? As well. So there is some clarity. Yeah, there is some clarity. 1867 02:30:29,440 --> 02:30:33,480 some clarity there as well. So sure, not everybody has covered it. 1868 02:30:36,900 --> 02:30:43,610 That's a really important statement. We'll come back to it one day we'll debate all this. 1869 02:30:43,790 --> 02:30:53,530 I think, I think, you know, out loud people will say that, right? But it is discrimination based on these factors right here, sure. 1870 02:30:55,110 --> 02:31:08,070 And to understand thinking about the whole subject at a high level, this is about going forward, 1871 02:31:08,070 --> 02:31:13,230 making sure that these bad things don't happen, as opposed to corrective action for past 1872 02:31:13,230 --> 02:31:13,530 wrong. 1873 02:31:17,420 --> 02:31:21,720 Does that make sense? In other words, this applies to some action that I or 1874 02:31:21,720 --> 02:31:29,640 to rip over there might take tomorrow, as opposed to finding that the city has for some 1875 02:31:29,640 --> 02:31:35,540 time now engaged in bad behavior. This is not a time to address that, just what happens 1876 02:31:35,540 --> 02:31:40,780 from this day forward. Is that the ordinance when the ordinance would take effect? 1877 02:31:40,780 --> 02:31:41,520 And 1878 02:31:43,960 --> 02:31:48,120 I just want to say y'all have done such a great job on like delineating the time 1879 02:31:48,120 --> 02:31:49,180 that that process takes. 1880 02:31:49,380 --> 02:31:53,300 So I mean there is a very time bound from the data that occurs. 1881 02:31:53,720 --> 02:32:00,500 Like you've spelled out a time and a way for everybody involved in the conversation 1882 02:32:00,500 --> 02:32:01,680 to address that. 1883 02:32:01,680 --> 02:32:06,900 That's both enough time as well as not in perpetuity. 1884 02:32:07,180 --> 02:32:10,460 So I think there's a really nice balance in the process that y'all have worked out. 1885 02:32:10,460 --> 02:32:14,840 Well, and there was a discussion and Ted might be able to clarify this too, as well. 1886 02:32:15,340 --> 02:32:20,200 The majority of ordinances talked about 90 days, somebody has 90 days to file, right? 1887 02:32:22,320 --> 02:32:24,460 You know, I was like, come on, 30 days, let's get it done. 1888 02:32:24,760 --> 02:32:30,220 But our legal folks said 90 days is a good amount of time. 1889 02:32:30,820 --> 02:32:35,960 And then Ted, I don't know if it would be, you know, let's say something passes, it takes 1890 02:32:35,960 --> 02:32:39,460 effects of January 1, does the clock start there? 1891 02:32:39,940 --> 02:32:45,580 Or could somebody from the previous 88 days 1892 02:32:45,580 --> 02:32:47,800 come forward on January 1? 1893 02:32:49,400 --> 02:32:51,220 Was that what you were getting at? 1894 02:32:52,820 --> 02:32:57,200 It depends on what the ordinance will set the statute 1895 02:32:57,200 --> 02:32:59,040 and when it will be effective, 1896 02:32:59,720 --> 02:33:01,620 and whether it's grand, father, or not. 1897 02:33:03,040 --> 02:33:10,440 My question really has less to do with those nuances and more to do with, are we trying 1898 02:33:10,440 --> 02:33:19,060 to correct historical, long history, historical wrongs, structural, whatever may have been 1899 02:33:19,060 --> 02:33:20,720 the way of the world in the past. 1900 02:33:21,080 --> 02:33:24,420 We're not trying to go punish somebody for what they've been doing for the last ten years. 1901 02:33:24,940 --> 02:33:31,340 We're saying, hey, it's a new day and from some day going forward, this process exists 1902 02:33:31,340 --> 02:33:32,060 for someone to follow. 1903 02:33:32,660 --> 02:33:32,980 And 1904 02:33:35,630 --> 02:33:38,370 add on to that, just really quickly, because I think you mentioned this when you 1905 02:33:38,370 --> 02:33:42,430 were talking, but I know when we had our conversation, you spent a little bit more time on it. 1906 02:33:43,970 --> 02:33:48,190 You know, I've always heard that you grow the most when you make a mistake, right? 1907 02:33:48,570 --> 02:33:51,990 Learning from your mistakes is where you have growth. 1908 02:33:52,230 --> 02:33:56,990 And like, I so appreciate, Tom, you being like, you know, I wasn't on this side of it. 1909 02:33:57,050 --> 02:33:57,870 And now I am. 1910 02:33:58,050 --> 02:34:02,810 And we can all grow as individuals, and so I think the education opportunities that you all 1911 02:34:02,810 --> 02:34:09,930 have named in here are really good, and again, not mandatory, but something that gives 1912 02:34:09,930 --> 02:34:12,470 us more opportunity for more people to grow. 1913 02:34:12,690 --> 02:34:18,930 So I just wanted to add that in terms of it's not meant to be punitive solely, it's meant 1914 02:34:18,930 --> 02:34:21,450 to be able to be an opportunity for growth and reconciliation. 1915 02:34:24,230 --> 02:34:29,590 What alternatives to an ordinance did you guys consider? 1916 02:34:29,590 --> 02:34:33,910 or anything short of, or instead of the force of law 1917 02:34:33,910 --> 02:34:37,690 as Andrea put it, you know, you've heard me say, 1918 02:34:38,970 --> 02:34:41,970 that bottom government existed and forced the law, right? 1919 02:34:42,690 --> 02:34:45,430 Government can't love its neighbor, government can't, 1920 02:34:45,730 --> 02:34:47,570 I mean, at bottom, when we pass a law, 1921 02:34:47,790 --> 02:34:50,850 that law gets enforced with force. 1922 02:34:51,870 --> 02:34:55,150 So, is there any, did you consider any middle ground, 1923 02:34:55,170 --> 02:34:58,410 any other paths to reconciliation and anything 1924 02:34:58,410 --> 02:35:03,810 the city could do or provide or encourage, it would help resolve whatever issue might 1925 02:35:03,810 --> 02:35:08,630 come up, sort of passing a law with punitive outcomes. 1926 02:35:10,920 --> 02:35:14,840 No, I mean, we had the resolution, you had passed the resolution. 1927 02:35:15,160 --> 02:35:21,060 We thought it was a good first step and good intent, but to us the ordinance was the next 1928 02:35:29,400 --> 02:35:29,920 step. 1929 02:35:29,920 --> 02:35:30,780 or those other things, 1930 02:35:33,420 --> 02:35:40,040 right, to have those other steps in place, other types of compliance 1931 02:35:40,040 --> 02:35:40,620 in place. 1932 02:35:51,860 --> 02:35:52,840 Sorry, I thought I'd turn it on. 1933 02:35:55,220 --> 02:36:01,940 Organizing around what the NDO is about, if you just have a resolution, you're not institutionalizing 1934 02:36:02,530 --> 02:36:05,020 the process for people to come forward. 1935 02:36:05,720 --> 02:36:10,120 And that's one of the things that we heard over and over from the community. 1936 02:36:10,120 --> 02:36:12,760 And it is a balance when you have ordinances. 1937 02:36:13,020 --> 02:36:15,180 I mean, we've debated other things already this year. 1938 02:36:15,780 --> 02:36:18,940 You know, and in the past, the council has as well. 1939 02:36:19,840 --> 02:36:21,840 You know, there are several, you know, 1940 02:36:23,580 --> 02:36:26,620 control steps and ordinances that you have to weigh. 1941 02:36:27,120 --> 02:36:30,000 I think it's really important that right now, 1942 02:36:30,180 --> 02:36:32,840 this just changes the resolution. 1943 02:36:33,220 --> 02:36:34,260 It goes much further. 1944 02:36:37,010 --> 02:36:38,150 So, and I know it. 1945 02:36:38,150 --> 02:36:42,070 committee be willing to consider middle ground options? 1946 02:36:48,310 --> 02:36:49,210 We can hear them out. 1947 02:36:50,290 --> 02:36:51,270 I think we would. 1948 02:36:51,530 --> 02:36:52,190 I think we would listen. 1949 02:36:56,080 --> 02:37:01,000 Did you have any public hearings during your meeting time 1950 02:37:01,000 --> 02:37:02,960 where did you open anything to the public 1951 02:37:02,960 --> 02:37:05,040 to come offer their thoughts? 1952 02:37:05,720 --> 02:37:07,060 We didn't have any public hearings. 1953 02:37:07,620 --> 02:37:09,680 We had conversations. 1954 02:37:10,180 --> 02:37:13,000 I know it was important in our previous discussions. 1955 02:37:13,380 --> 02:37:15,160 You talked about that people felt comfortable, 1956 02:37:15,160 --> 02:37:20,680 right expressing their concerns or their thoughts around this and so we 1957 02:37:20,680 --> 02:37:26,120 wanted to do that to allow that and once we got to this point you know if this 1958 02:37:26,120 --> 02:37:30,020 would go forward we we would assume we would have public hearings because it's an 1959 02:37:30,020 --> 02:37:35,440 ordinance. But other than those you you have a then you're not planning to have 1960 02:37:35,440 --> 02:37:38,460 any kind of public input sessions. No. 1961 02:37:40,940 --> 02:37:44,480 I saw that you included the folks from 1962 02:38:04,080 --> 02:38:10,600 I'm sure there's folks out there we have not heard from those folks we have heard throughout 1963 02:38:10,600 --> 02:38:16,660 this time from people who have had concerns, I think Thomas you were one of them. 1964 02:38:16,660 --> 02:38:21,540 But also, you know, a lot of times, and I don't want to make an assumption here, but you 1965 02:38:21,540 --> 02:38:29,360 will see that faith leaders, religious organizations have concerns about these ordinances, and 1966 02:38:29,360 --> 02:38:31,020 we did that outreach. 1967 02:38:31,480 --> 02:38:34,740 There were some changes that were incorporated in this because of that. 1968 02:38:35,320 --> 02:38:39,420 I think there probably still are some of those concerns, and we're having those conversations. 1969 02:38:42,860 --> 02:38:48,340 but you know I want them to know that we're listening and we're hearing and we heard them as well. 1970 02:38:49,540 --> 02:38:56,380 So you know there could be and you know we receive emails and feedback all the time 1971 02:38:56,860 --> 02:39:02,800 and I'm sure once this comes out and we have a public hearing we'll hear from some other voices as well. 1972 02:39:03,500 --> 02:39:08,440 But for now, it's a possible exception of Thomas early in the process. 1973 02:39:08,440 --> 02:39:15,140 No, but we heard from business owners and other business community stakeholders that express their concerns as well. 1974 02:39:16,160 --> 02:39:21,780 Do they still have those concerns, or did you satisfy them with changes that you made? 1975 02:39:22,020 --> 02:39:32,400 I would say I think some of the changes that were made were satisfied and I will tell you several folks have said this stuff is not going away. 1976 02:39:32,400 --> 02:39:37,820 whatever they meant by this stuff like these concerns are not going away and we 1977 02:39:37,820 --> 02:39:41,900 would rather see it addressed and have a process in place than to let these 1978 02:39:41,900 --> 02:39:49,120 things linger on. But to be clear you they say this stuff's not going away they're 1979 02:39:49,120 --> 02:39:50,620 referring to advocacy for 1980 02:39:52,700 --> 02:39:57,080 advocacy for human rights actually. Well advocacy yes 1981 02:39:57,080 --> 02:40:05,350 but also the fact that they want to be sure you know that they are following 1982 02:40:05,350 --> 02:40:11,230 rules, they want to be able to take this and learn from it and be able to address it 1983 02:40:11,230 --> 02:40:20,010 with even their own employees. Right? Yeah. Right. But there's no basis to say we've got 1984 02:40:20,010 --> 02:40:23,630 this big problem in this arena that's not going away. We don't know. 1985 02:40:26,720 --> 02:40:27,920 We speculate. We think 1986 02:40:27,920 --> 02:40:36,840 so we hear anecdotal tales from people here or elsewhere. So yeah, there may be some sense 1987 02:40:36,840 --> 02:40:43,640 that, of course, bad things happen, but we don't know the scale, and we've talked about 1988 02:40:43,640 --> 02:40:49,960 that. Why are we deploying a hearing officer instead of using our municipal court? 1989 02:40:55,850 --> 02:41:06,630 I saw where some of the cities that had a police department, they used those to serve the 1990 02:41:06,630 --> 02:41:11,710 respondents, I think that was Brookhaven indicator, some of them used 1991 02:41:11,710 --> 02:41:16,450 immutable courts. You know, we could do that. We could use our immutable 1992 02:41:16,450 --> 02:41:21,790 court. We looked at the hearing officer perspective of it just like we have 1993 02:41:21,790 --> 02:41:27,110 with alcohol licenses and those such things. Working with the businesses, we don't 1994 02:41:27,110 --> 02:41:32,090 have anybody taking a business license but we felt like the hearing officer 1995 02:41:32,090 --> 02:41:33,250 process would be better. 1996 02:41:36,290 --> 02:41:42,210 So we use the hearing officer for alcohol licenses and 1997 02:41:44,250 --> 02:41:51,190 they come back and they can feel that's right. So we felt we looked at other 1998 02:41:51,190 --> 02:41:55,990 ordinances and they use the hearing officer as well. Several that I will say 1999 02:41:55,990 --> 02:42:01,570 again that had like their own police departments some of them used their 2000 02:42:01,570 --> 02:42:08,530 municipal, municipal judge. We could be open to that. It's the same thing as long as there is a process in place. 2001 02:42:10,950 --> 02:42:16,430 So, if we're going to have a hearing officer, what's the process? Who appoints the hearing officer? 2002 02:42:17,290 --> 02:42:24,810 How do they get evaluated and or dismissed? How does that, I didn't see that it was addressed in the ordinance. 2003 02:42:27,790 --> 02:42:32,650 Right now, our current process is that you appoint the hearing officer, correct? 2004 02:42:33,570 --> 02:42:34,490 The mayor does. 2005 02:42:34,610 --> 02:42:34,750 Yeah, 2006 02:42:37,050 --> 02:42:40,670 the mayor does, but I know that you've consulted in the past of the city attorney 2007 02:42:40,670 --> 02:42:42,150 as well, correct? 2008 02:42:42,330 --> 02:42:45,390 When we have appointed our hearing officers, they've had qualifications. 2009 02:42:45,950 --> 02:42:51,750 Here we talk about them being in good standing with the state bar of Georgia and then having, 2010 02:42:52,210 --> 02:42:54,670 you know, five or more years of experience. 2011 02:42:54,670 --> 02:42:59,990 So I would assume we would work with the legal team to get a list of folks in place. 2012 02:43:01,510 --> 02:43:08,660 And so, well, I guess I'll just leave it at that and say it's something that ought to be addressed. 2013 02:43:08,660 --> 02:43:14,820 If we're going to call for a hearing officer, we ought to spell out all those aspects of it. 2014 02:43:16,180 --> 02:43:22,280 Um, this may be more of a question for Ted. I don't recall seeing, I don't have any 2015 02:43:22,280 --> 02:43:29,100 experience at all, a city declared civil rights. There's a section in here that's devoted 2016 02:43:29,100 --> 02:43:30,720 to a declaration of civil rights. 2017 02:43:33,980 --> 02:43:36,600 Clearly we're asserting through this ordinance that we have 2018 02:43:36,600 --> 02:43:39,800 standing to declare civil rights. 2019 02:43:42,630 --> 02:43:45,030 Do you want to speak to it? I don't even know what to, 2020 02:43:45,030 --> 02:43:47,610 I don't know where to turn to understand that. 2021 02:43:49,780 --> 02:43:50,420 I mean, it's limited. 2022 02:43:51,640 --> 02:43:52,540 You'll see it. 2023 02:43:52,680 --> 02:43:53,520 I mean, Atlanta did it. 2024 02:43:53,740 --> 02:43:55,040 And that's the one case we have. 2025 02:43:55,720 --> 02:43:55,920 Atlanta. 2026 02:43:56,580 --> 02:43:57,900 Pest and anti-discrimination ordinance. 2027 02:43:59,540 --> 02:44:01,460 And they declared in the 90s. 2028 02:44:02,300 --> 02:44:04,480 Well, they granted a civil right. 2029 02:44:05,660 --> 02:44:09,320 They recognized domestic partner benefits at a time when gay marriage was not legal. 2030 02:44:11,020 --> 02:44:14,220 And that became part of the challenge to that ordinance at our state supreme court. 2031 02:44:14,220 --> 02:44:15,520 That's really the only case we have. 2032 02:44:17,080 --> 02:44:20,900 I'd have to look back at some of these other cab ordinances to see if they declared a civil 2033 02:44:20,900 --> 02:44:27,080 rights, but I think they did in these kind of terms, places of public accommodation and 2034 02:44:27,080 --> 02:44:29,820 employment, but none of those ordinances have been challenged. 2035 02:44:32,460 --> 02:44:39,240 So is there a standard legal sort of accepted definition of what is a civil right? 2036 02:44:40,480 --> 02:44:42,980 You don't have to tell me what it is, I just wonder if such a thing exists. 2037 02:44:42,980 --> 02:44:43,920 as 2038 02:44:46,260 --> 02:44:47,720 we've learned in law school, it depends. 2039 02:44:48,500 --> 02:44:50,260 I mean, there are definitions in these acts, 2040 02:44:50,260 --> 02:44:52,180 the federal acts that we're all talking about, 2041 02:44:52,540 --> 02:44:54,140 there's definitions in these ordinances. 2042 02:44:55,720 --> 02:44:59,000 But inevitably there's, you know, a vagueness system. 2043 02:45:00,000 --> 02:45:17,460 They mean exactly and how to interpret it. And for lack of a better way of putting it, this is an evolving area of the law. So I don't think there is a definitive definition around these. There's a federal government call them civil rights. Yes. 2044 02:45:20,840 --> 02:45:33,920 And so my application, if we believe or successfully assert or whatever the term is that we can establish civil rights as the city of Tucker, there are lots of things. 2045 02:45:33,920 --> 02:45:37,000 we could apply that to. We might declare civil rights on other. 2046 02:45:41,230 --> 02:45:41,350 Yes. 2047 02:45:46,340 --> 02:45:47,380 I want to return to 2048 02:45:48,200 --> 02:45:53,720 the city because I know that some jurisdictions nearby and farther flowing 2049 02:45:53,720 --> 02:46:03,820 I think to cap counties want to have opted to apply strictures like this to themselves 2050 02:46:03,820 --> 02:46:08,040 and their own hiring and so forth but have declined to try to apply it to the broader 2051 02:46:08,040 --> 02:46:14,800 or the private businesses, property owners, like that. 2052 02:46:16,960 --> 02:46:21,640 Is any of this driven by allegations against the city, 2053 02:46:21,880 --> 02:46:24,160 either in its employment or, for example, 2054 02:46:24,520 --> 02:46:25,720 in our parks and rec department, 2055 02:46:29,600 --> 02:46:32,800 illegally discriminated or that we've done things 2056 02:46:32,800 --> 02:46:35,600 that may not have been illegal before, 2057 02:46:35,780 --> 02:46:37,700 but would be defined as illegal under this law? 2058 02:46:38,160 --> 02:46:39,140 Is there any of that? 2059 02:46:39,140 --> 02:46:43,440 But I don't believe that was ever brought up, ever mentioned, discussed. 2060 02:46:44,100 --> 02:46:45,420 What about boards and appointments? 2061 02:46:46,260 --> 02:46:47,200 No, I don't know. 2062 02:46:47,280 --> 02:46:48,960 I mean, we've been talking about this for three years. 2063 02:46:49,320 --> 02:46:50,220 I don't know. 2064 02:46:50,480 --> 02:46:52,280 There's never been a conversation about that. 2065 02:46:53,420 --> 02:46:56,840 I think our boards have been diverse in appointments. 2066 02:46:58,360 --> 02:47:03,700 And I don't, you know, we're not in the day and day out of the city involvement with HR, 2067 02:47:03,700 --> 02:47:12,860 but you have a process in place. Jacob says a process in place. So, no, that was never the intent of this at all. 2068 02:47:13,600 --> 02:47:16,680 In nor was it ever discussed in any conversations. 2069 02:47:18,780 --> 02:47:29,380 Okay. Did you, maybe, have answered this, but in the range of options, resolution, ordinance, some other middle ground, 2070 02:47:30,080 --> 02:47:33,140 Did you specifically talk about a do-nothing option? 2071 02:47:33,980 --> 02:47:35,500 Like, let's end the conversation. 2072 02:47:36,040 --> 02:47:37,080 We're not taking this up. 2073 02:47:37,220 --> 02:47:38,300 We think we're doing fine. 2074 02:47:39,300 --> 02:47:40,840 What's the downside? 2075 02:47:41,280 --> 02:47:43,260 What transpires? 2076 02:47:43,980 --> 02:47:47,560 What negative event happens if we take a do-nothing option? 2077 02:47:51,240 --> 02:47:53,020 We didn't discuss do-nothing. 2078 02:47:53,360 --> 02:47:56,820 The resolution set forth an NDO ordinance. 2079 02:47:57,320 --> 02:47:58,100 And that's what we know. 2080 02:47:58,360 --> 02:47:59,420 It actually did not. 2081 02:47:59,780 --> 02:48:00,660 Well, forgive me. 2082 02:48:00,760 --> 02:48:01,820 I guess I should rephrase that. 2083 02:48:01,820 --> 02:48:08,640 So when you pass the word that the resolutions are, when you pass the resolution and then you 2084 02:48:08,640 --> 02:48:19,740 ask us to, you know, move forward for a working group, for a working group, that's what I 2085 02:48:19,740 --> 02:48:25,660 called for and the ordinance itself, of course, says clearly that it's a statement of values, 2086 02:48:25,660 --> 02:48:31,780 It stops short of we're going to create a law to enforce those values on people. 2087 02:48:32,460 --> 02:48:38,280 That council at that time said this is what we believe, this is the way we're going 2088 02:48:38,280 --> 02:48:43,440 to behave and to the extent because we can control what the city does, we're going to do 2089 02:48:43,440 --> 02:48:43,640 that. 2090 02:48:44,580 --> 02:48:50,160 I think you and I have shared before and I have shared this with other folks as well as 2091 02:48:50,160 --> 02:48:57,640 that, you know, we had people who were elected to this new council, who were interested in 2092 02:48:57,640 --> 02:49:03,420 doing this, and we're going to get it passed, and so we wanted to make sure that we followed 2093 02:49:03,420 --> 02:49:10,080 a process, and that we made sure it was the best that it could be for Tucker and working 2094 02:49:10,080 --> 02:49:13,840 with maybe different groups that had not had input previously. 2095 02:49:15,860 --> 02:49:27,900 Well, yes, and I promised myself, and I said to y'all a few minutes ago, I'm not here tonight to debate this, and I'm trying to stick to questions about it. 2096 02:49:29,200 --> 02:49:36,380 But I don't consider it any foregone conclusion that we're going to pass in on discrimination ordinance in this form or some other. 2097 02:49:37,540 --> 02:49:42,100 I'm a little disappointed that a lot of our members seem to have come to the table and 2098 02:49:42,100 --> 02:49:46,680 come to the committee with a free determined outcome. 2099 02:49:47,900 --> 02:49:53,200 My questions and the things that I'll argue when the time comes are about attempting 2100 02:49:53,200 --> 02:49:58,680 to influence you that there may be some better ways to achieve the goal that I think you're 2101 02:49:58,680 --> 02:49:59,340 trying to achieve. 2102 02:50:01,700 --> 02:50:05,700 All right, let's talk to our questions about the ordinance itself. 2103 02:50:06,560 --> 02:50:16,470 I'd like to know, and some of it was in the Q&A that you read, the ordinance begins with a statement of purpose. 2104 02:50:16,890 --> 02:50:22,110 Can you give me the lay person's summary of the problem we're trying to solve with the ordinance? 2105 02:50:22,630 --> 02:50:25,370 We're passing this ordinance because I'm 2106 02:50:31,160 --> 02:50:34,400 asking our council member, committee members. 2107 02:50:35,200 --> 02:50:40,320 Because we're trying to protect and safeguard folks to make sure that they have qualified 2108 02:50:40,320 --> 02:50:45,100 persons and equal opportunity to be free from discrimination, as it says. 2109 02:50:45,560 --> 02:50:48,620 We want to declare that this is a welcoming city. 2110 02:50:49,400 --> 02:50:51,280 We are welcoming city. 2111 02:50:53,860 --> 02:50:58,780 Okay, and this ordinance, all the work you've done, and I recognize it's a lot of work. 2112 02:51:00,120 --> 02:51:06,020 This ordinance is what's needed. This is your very best recommendation on how we declare 2113 02:51:06,540 --> 02:51:13,500 that Tucker is in fact a welcoming, inclusive city. I'm not sure I'm getting your words 2114 02:51:13,500 --> 02:51:18,280 raised. No, but I understand. I think so. I believe so. I think the working group believes 2115 02:51:18,280 --> 02:51:26,980 so as well. And you know, there's not to say that there is not, there's always room for 2116 02:51:26,980 --> 02:51:32,620 improvement, but in I don't know what version we're on here, but we have taken 2117 02:51:32,620 --> 02:51:33,940 other input as well. 2118 02:51:37,270 --> 02:51:40,270 And so on the other end of that question, I mean usually 2119 02:51:40,270 --> 02:51:45,950 it's a pretty linear process. We have a problem, we propose a solution, we hope 2120 02:51:45,950 --> 02:51:47,350 for some outcome. 2121 02:51:49,810 --> 02:51:53,010 Tell me again, lay person's what's the hope for. So I think 2122 02:51:53,010 --> 02:51:58,090 sometimes we've done things to prevent problems or to provide a process in case 2123 02:51:58,090 --> 02:52:03,310 there is a problem. I know, Alex, as you mentioned, scooters, and that was one that I was keen 2124 02:52:03,310 --> 02:52:07,110 on as well, although some people probably weren't, right? 2125 02:52:08,570 --> 02:52:15,050 So are you saying that if we go through this process, pass an ordinance, and nobody ever 2126 02:52:15,050 --> 02:52:17,430 uses it, that will be evidence of success? 2127 02:52:20,350 --> 02:52:26,690 It could be. I don't know. It could be. It could be. It would be evidence of success if we 2128 02:52:26,690 --> 02:52:33,570 helped one person, just one, because that person lives in our community, and that person 2129 02:52:33,570 --> 02:52:39,210 is currently not protected. I know there's weird processes and things that you have hiccups 2130 02:52:39,210 --> 02:52:44,010 about, but I think this is super important. I thought it was super important last year. 2131 02:52:47,410 --> 02:52:52,090 You'll have plenty of space to make those arguments. I'm just asking about the process of 2132 02:52:52,090 --> 02:52:59,330 this work group, did it conclude that whether or not it ever gets used is not the point. 2133 02:53:00,450 --> 02:53:03,530 I mean, used as a process to resolve a dispute. 2134 02:53:04,670 --> 02:53:08,670 The point is to have it on the books so that we've made a statement and we'll know that 2135 02:53:08,670 --> 02:53:11,350 we've made the right statement if it doesn't get used. 2136 02:53:13,520 --> 02:53:21,720 Or it could, scenarios that we talked about also were people coming in that maybe thought 2137 02:53:21,720 --> 02:53:25,800 they were being discriminated against or maybe people looking we've had 2138 02:53:25,800 --> 02:53:30,480 something where people wanted to complain about wage differences right and we 2139 02:53:30,480 --> 02:53:35,140 didn't have a process in place for them to explain that but we did it but we 2140 02:53:35,140 --> 02:53:41,800 had informal conversation but again that was misconstrued so if there's a 2141 02:53:41,800 --> 02:53:47,200 process in place those people can be educated as well on what is or is not you're 2142 02:53:47,200 --> 02:53:51,140 not proposing a process to settle a wage an hour to speed no no no I'm saying 2143 02:53:51,740 --> 02:53:55,920 Yeah, but there's a process here to say, you know what? That's not us. 2144 02:54:02,500 --> 02:54:03,620 What do I do about this? 2145 02:54:04,040 --> 02:54:07,700 And despite the fact that we did that in that case, 2146 02:54:08,480 --> 02:54:14,620 it's the committee's belief that we need an ordinance in order to facilitate a process like that. 2147 02:54:15,080 --> 02:54:17,420 We can't have a process like that short of an ordinance. 2148 02:54:20,910 --> 02:54:25,180 So I just want to be clear because I think 2149 02:54:25,180 --> 02:54:26,240 it's going to become important. 2150 02:54:28,640 --> 02:54:30,860 One of the reasons I've been cautious about bringing this whole 2151 02:54:30,860 --> 02:54:38,280 discussion into the kind of wider public arena is because when we talk about groups, we divide 2152 02:54:38,280 --> 02:54:42,600 people. You're in this group, maybe you're in three different groups. You're in that group. 2153 02:54:43,390 --> 02:54:49,380 We know how you think because we know what group you're in. But this version is specifically 2154 02:54:49,380 --> 02:54:57,600 meant to not have that effect. But this version, this proposed ordinance, is to cover everybody 2155 02:54:57,600 --> 02:55:03,300 And always, all the time, anybody who has a complaint that thinks they've been discriminated 2156 02:55:03,300 --> 02:55:09,220 against is invited to file a claim and avail themselves of the process. 2157 02:55:11,950 --> 02:55:12,470 Not everybody. 2158 02:55:13,250 --> 02:55:13,930 Who's not? 2159 02:55:14,170 --> 02:55:14,390 Who's not? 2160 02:55:14,390 --> 02:55:15,210 And not in all ways. 2161 02:55:15,390 --> 02:55:17,230 I mean, that's going back to the civil rights piece, right? 2162 02:55:17,550 --> 02:55:25,010 Employment, accommodations, public accommodations, housing, and property transactions, and being 2163 02:55:25,010 --> 02:55:27,610 a witness to those circumstances. 2164 02:55:27,610 --> 02:55:39,810 So very specific things that are sort of public square and public square adjacent that you and I might be using those terms not quite exactly right but but there is a defy. 2165 02:55:40,030 --> 02:55:43,710 I mean, I've done such a good job on definitions. There is a very clear definition of. 2166 02:55:44,030 --> 02:55:48,890 Okay, on those types of transactions or interactions, but it's for everybody. 2167 02:55:49,090 --> 02:55:50,730 And again, qualified. 2168 02:55:50,730 --> 02:55:57,310 Not only certain people, though, based on race or all the other characteristics that you define in here, 2169 02:55:57,930 --> 02:56:00,770 everybody fits into at least one of those categories. 2170 02:56:00,910 --> 02:56:01,150 No. 2171 02:56:01,290 --> 02:56:02,190 Who does not? 2172 02:56:04,890 --> 02:56:09,090 You could have a white woman, maybe, 30 years of age. 2173 02:56:09,110 --> 02:56:10,290 Who knows what that's sex, right? 2174 02:56:10,650 --> 02:56:10,810 Right. 2175 02:56:11,270 --> 02:56:12,150 I mean, sex. 2176 02:56:12,770 --> 02:56:13,750 It's really circumstantial. 2177 02:56:13,890 --> 02:56:16,970 I mean, I think that's why they're hearing officers important, why the mediator is important, 2178 02:56:17,130 --> 02:56:19,790 why the complaint process is important 2179 02:56:19,790 --> 02:56:26,730 because the point is to get to truth, not frivolity, 2180 02:56:26,930 --> 02:56:30,390 and that's even named in here, I think in one point. 2181 02:56:30,890 --> 02:56:37,110 So, I mean, I think there's, again, I know you don't love it when I say this, 2182 02:56:37,230 --> 02:56:41,590 but there are systemic, historic reasons why we have to name these classes. 2183 02:56:41,850 --> 02:56:46,570 Because if you don't, there are people who do not get protections 2184 02:56:46,570 --> 02:56:48,770 in these types of transactions. 2185 02:56:49,610 --> 02:56:52,570 And I also want to say, yes, the group felt like there was 2186 02:56:52,570 --> 02:56:55,650 something important, but just like Ann said, four of us 2187 02:56:55,650 --> 02:57:01,250 were elected, and all of our platform and the people that 2188 02:57:01,250 --> 02:57:04,630 elected us felt like the NDO was an important thing for us 2189 02:57:04,630 --> 02:57:07,450 to pursue. So I think there is broad community support. 2190 02:57:08,070 --> 02:57:10,310 I think you guys have gone through a very good process. 2191 02:57:10,850 --> 02:57:13,970 I was one of those who, if it hadn't come to it, 2192 02:57:14,010 --> 02:57:15,430 would have been like, yeah, how do we get it done? 2193 02:57:15,430 --> 02:57:16,650 because I think it's really important. 2194 02:57:17,550 --> 02:57:19,990 But the process was really important 2195 02:57:19,990 --> 02:57:21,530 and came out with a really good resolution. 2196 02:57:21,870 --> 02:57:26,310 So I think there is actually broad community support 2197 02:57:26,310 --> 02:57:26,790 for this. 2198 02:57:28,150 --> 02:57:30,750 And I know five of us supported. 2199 02:57:31,790 --> 02:57:33,710 Well, and there's also, we have to acknowledge 2200 02:57:33,710 --> 02:57:35,670 there are still concerns, right? 2201 02:57:35,950 --> 02:57:36,610 I get it. 2202 02:57:37,070 --> 02:57:39,810 There are still concerns and people are always 2203 02:57:41,450 --> 02:57:44,450 if there's something different or change. 2204 02:57:44,450 --> 02:57:46,470 So, yeah, we understand that. 2205 02:57:48,640 --> 02:57:56,050 So, in summer of 2020, the nation was upheaval in all sorts of ways. 2206 02:57:56,770 --> 02:58:00,950 One of the things that was happening was there was violence all around the country in various ways. 2207 02:58:02,690 --> 02:58:04,410 There were incidents in our state. 2208 02:58:05,090 --> 02:58:10,270 The one in particular that had hit home for most of us in a serious way was a monarch, 2209 02:58:10,270 --> 02:58:13,390 are very smarter, still a shores, run through Georgia. 2210 02:58:14,290 --> 02:58:20,950 If you recall, even with only the reporting that we got from the public and then one 2211 02:58:20,950 --> 02:58:28,690 early legal term is, but there was a hearing where there was some direct kind of hearing 2212 02:58:28,690 --> 02:58:32,930 from the people involved, it was clear it was a racially motivated crime. 2213 02:58:33,930 --> 02:58:39,530 It was clear to me, clear enough, well, we talked a lot about what we should do about it. 2214 02:58:39,530 --> 02:58:41,570 There were suggestions that we pass a hate crimes law. 2215 02:58:42,330 --> 02:58:48,990 What we did instead was I wrote a resolution clearly stating our community's values 2216 02:58:49,310 --> 02:58:56,750 and we urged the state legislature to pass a law dealing with hate crimes, which they ultimately did. 2217 02:58:57,990 --> 02:59:05,450 So that resolution we passed with unanimous support, we didn't pass our own ordinance. 2218 02:59:05,450 --> 02:59:12,950 So, I'd like to know the view, y'all's view of that response and why this case calls 2219 02:59:12,950 --> 02:59:20,990 for an ordinance and not just a resolution in light of that earlier decision. 2220 02:59:21,210 --> 02:59:26,270 So, I think not passing a hate crimes ordinance had a lot to do with not having our own police 2221 02:59:26,270 --> 02:59:26,830 departments. 2222 02:59:27,110 --> 02:59:31,530 So, several of these ordinances where they have their own, and we do, I mean we do through 2223 02:59:31,530 --> 02:59:36,570 an agreement, IGI, right, technicality, but several, I can't remember if it's 2224 02:59:36,570 --> 02:59:41,710 Dunwoody or Brookhaven, they do have a piece of their non-discrimination 2225 02:59:41,710 --> 02:59:43,270 does have the hate crimes, 2226 02:59:45,290 --> 02:59:48,610 a piece of that. And I'd love if we, you know, it's not 2227 02:59:48,610 --> 02:59:55,030 an if or, but an and, so if we did this, we could still work at the state level. I 2228 02:59:55,030 --> 02:59:59,090 know a former counsel person who said, you know, I think this is a state issue. 2229 03:00:00,000 --> 03:00:23,420 We can still do that. There's people talking now. There are groups coming together now. To consider that there was hearings, I think, I can't remember the timeframe on that, that they had some hearings to talk about a statewide, non-discrimination ordinance. Maybe because there's many different ones across the state, so they're starting to look at that. I think that'd be great. 2230 03:00:24,320 --> 03:00:30,580 But all of our ordinances, I guess I'm asking Ted, all of our ordinances, so that they're 2231 03:00:30,580 --> 03:00:35,480 unique to Tucker and wouldn't be enforced in an incorporated cab, for example. 2232 03:00:37,440 --> 03:00:39,160 We deal with that through our IGA, right? 2233 03:00:39,340 --> 03:00:44,960 I mean, we tell our police, look, we have an ordinance about littering or prostitution or 2234 03:00:44,960 --> 03:00:49,240 whatever it might be, and they can charge when it occurs in the city of Tucker. 2235 03:00:49,500 --> 03:00:52,400 They can charge in Tucker, it goes to our municipal court. 2236 03:00:53,000 --> 03:00:58,900 They might do something or have to do something differently if they encountered such a thing and unincorporated to cap. 2237 03:01:00,360 --> 03:01:03,200 That's right. That would be a question of venue and jurisdiction. 2238 03:01:04,540 --> 03:01:07,460 Are you saying you want to add a hate crimes piece to this? 2239 03:01:08,820 --> 03:01:12,740 No, I'm asking why resolution was good enough then but not now. 2240 03:01:14,960 --> 03:01:18,340 Why resolution was sufficient? 2241 03:01:19,460 --> 03:01:22,460 I don't even think that was an option we even talked about. 2242 03:01:22,720 --> 03:01:29,040 So maybe if we talked about it, I don't remember people asking us specifically to pass 2243 03:01:29,040 --> 03:01:29,740 the hate crimes. 2244 03:01:29,860 --> 03:01:36,080 I remember we did say that we were working to make our views express to the state, but 2245 03:01:36,080 --> 03:01:41,940 I don't remember the call to action to pass one here for us or the discussion even came 2246 03:01:41,940 --> 03:01:42,440 up with us. 2247 03:01:42,560 --> 03:01:43,560 But that could be my memory. 2248 03:01:43,560 --> 03:01:48,480 But, well, I mean, I remember it differently, but that's not really the point. 2249 03:01:48,800 --> 03:01:56,360 The point that I'm trying to ask about is, for whatever reason, however much consideration we did or didn't give it, 2250 03:01:57,620 --> 03:02:04,040 we were satisfied that we had done our part, spoken our mind, sent it to the right legislative body, 2251 03:02:04,340 --> 03:02:09,600 to send our views to that legislative body for them to deal with, but we're not doing that here. 2252 03:02:09,600 --> 03:02:16,000 I'd be more than happy to do that here if I thought it would make headway and make a difference 2253 03:02:16,000 --> 03:02:16,300 there. 2254 03:02:16,460 --> 03:02:16,880 And maybe it would. 2255 03:02:17,040 --> 03:02:17,660 Let's do both. 2256 03:02:18,080 --> 03:02:18,740 It did before. 2257 03:02:18,860 --> 03:02:18,960 Yeah. 2258 03:02:19,080 --> 03:02:20,420 And I'm not advocating. 2259 03:02:20,620 --> 03:02:26,580 I'm just pointing out that sometimes a resolution, we've passed resolutions on other things, 2260 03:02:28,440 --> 03:02:35,140 less substantive things, recognizing members of our community and a day for, you know, taking 2261 03:02:35,140 --> 03:02:37,040 note of whatever the occasion might be. 2262 03:02:37,040 --> 03:02:43,990 I think people take those seriously, and they believe that we mean what we said, it's 2263 03:02:43,990 --> 03:02:49,510 not lip service, which seems like the implication that we're talking about. 2264 03:02:49,610 --> 03:02:55,190 But a resolution doesn't hold people accountable, and so an ordinance does, and this ordinance 2265 03:02:55,190 --> 03:03:01,230 does in a way that works force towards mediation and reconciliation, and then, if that can't 2266 03:03:01,230 --> 03:03:05,830 be resolved, what that is, it tries to be fair to all parties involved. 2267 03:03:10,680 --> 03:03:16,960 So some people might be confused by the purpose statements reference to being free from discrimination. 2268 03:03:17,340 --> 03:03:23,980 We've talked about there are kinds of discrimination that are acceptable and the law calls them out, supports them. 2269 03:03:24,460 --> 03:03:27,400 But I think, of course, what you mean is illegal discrimination. 2270 03:03:28,280 --> 03:03:32,720 And then you define discrimination further down in the ordinance, in your definitions. 2271 03:03:33,200 --> 03:03:35,860 And that's the discrimination you're trying to help people be free from. 2272 03:03:35,860 --> 03:03:44,660 But in fact, the point of the ordinance is to create and define certain forms of discrimination to become illegal. 2273 03:03:44,980 --> 03:03:56,170 Things that have not been illegal before were defining into illegal discrimination or what's just called discrimination in here, right? 2274 03:04:04,500 --> 03:04:09,240 The right and opportunity of all persons to be free from discrimination, including discrimination based on. 2275 03:04:09,420 --> 03:04:12,220 So maybe we take out all persons, right? I mean, I don't know, does that? 2276 03:04:12,220 --> 03:04:17,660 And then at the bottom are we good to go mayor it is important for the city to ensure 2277 03:04:17,660 --> 03:04:19,960 that persons within the city have equal act. 2278 03:04:21,180 --> 03:04:21,520 Yes. 2279 03:04:21,880 --> 03:04:26,840 So we're working really hard to have an adult discussion and I don't need the personal 2280 03:04:26,840 --> 03:04:27,260 attacks. 2281 03:04:28,080 --> 03:04:34,080 I'm the only person on this council who's asking questions that is our duty to ask that 2282 03:04:34,080 --> 03:04:38,420 is defending our population against potential harm and unintended consequences. 2283 03:04:38,660 --> 03:04:39,380 That's what I'm here for. 2284 03:04:39,380 --> 03:04:43,080 I'm sorry that you don't respect that, but I wish you'd work harder at it. 2285 03:04:43,680 --> 03:04:44,580 I understand that. 2286 03:04:44,740 --> 03:04:45,660 We're moving on. 2287 03:04:46,380 --> 03:04:46,440 Okay. 2288 03:04:46,720 --> 03:04:50,280 So Frank, just real, sorry mayor, real quick, is important for the city to ensure that 2289 03:04:50,280 --> 03:04:53,660 persons within the city have equal access to employment housing and public accommodations. 2290 03:04:54,260 --> 03:04:58,700 So perhaps there's an edit from that first sentence to that second. 2291 03:04:58,700 --> 03:05:03,820 Yeah, I'm not suggesting, I'm real, but I'm not suggesting edits or changes yet. 2292 03:05:03,880 --> 03:05:06,740 I'm just trying to highlight things that I think need attention. 2293 03:05:06,740 --> 03:05:15,860 And so it's a further the goal of including everyone that we've talked about. 2294 03:05:17,180 --> 03:05:23,870 We may need to add some descriptors to the kinds of, I mean, that's what we're doing 2295 03:05:23,870 --> 03:05:25,270 is we're adding some suggestions. 2296 03:05:25,770 --> 03:05:29,710 We may need to add more if we're going to go through as an ordinance like this. 2297 03:05:29,830 --> 03:05:33,710 We need to make sure that we cover everything we intend to cover. 2298 03:05:38,600 --> 03:05:44,180 So, most of the ordinances we've done, there's a pretty direct line to some authority in 2299 03:05:44,180 --> 03:05:48,080 our charter, right? Most of the time, I don't even talk about it because it's pretty 2300 03:05:48,080 --> 03:05:53,080 straightforward. We own the parks. We got to keep them clean and safe. We own the right 2301 03:05:53,080 --> 03:05:57,940 ways. We've got to keep them clean and safe. We've taken on the duty of, you know, 2302 03:05:58,900 --> 03:06:07,400 building roads, trying to take on the duty of maintaining them, so there's usually something 2303 03:06:07,400 --> 03:06:07,900 like that. 2304 03:06:08,140 --> 03:06:16,280 But I guess my question is, is there something, what do you point to in this case that gives 2305 03:06:16,280 --> 03:06:21,320 us the authority to enter into complex environment like employment? 2306 03:06:21,320 --> 03:06:21,360 Okay, 2307 03:06:25,460 --> 03:06:26,440 Ted, help me out here. 2308 03:06:26,560 --> 03:06:32,400 We had talked a little bit about this with a charter and then I know we talked about police 2309 03:06:32,400 --> 03:06:33,480 powers as well. 2310 03:06:34,700 --> 03:06:40,640 So I think what the mayor is asking about and your response gets to the very heart of the 2311 03:06:40,640 --> 03:06:43,580 issue with the legality of an approach like this. 2312 03:06:46,390 --> 03:06:53,170 If this ordinance is valid under the general police powers enjoyed by a city, there's 2313 03:06:53,170 --> 03:07:00,530 a specific service or power mentioned in the Constitution of the Home Rule Act that 2314 03:07:00,530 --> 03:07:04,650 this would be adopted for and when I keep referring to the McKinney case it's because 2315 03:07:04,650 --> 03:07:05,510 it's all we have. 2316 03:07:06,490 --> 03:07:10,170 Court talks about the inherent police power and so I think the debate will be when this 2317 03:07:10,170 --> 03:07:13,010 ordinance is challenged or another ordinance is challenged on appeal. 2318 03:07:13,770 --> 03:07:18,570 Do cities have this inherent, does the home rule power of a Georgia city? 2319 03:07:19,210 --> 03:07:24,910 Does it's police power authorize it to do this, that you've both put your finger on the 2320 03:07:24,910 --> 03:07:26,590 very legal question? 2321 03:07:28,960 --> 03:07:29,400 And so, 2322 03:07:31,630 --> 03:07:38,450 I'd like to note that the issue arises that if we can, if whatever means it's determined 2323 03:07:38,450 --> 03:07:42,150 that this is the kind of thing we can do is for our general police powers, 2324 03:07:44,490 --> 03:07:46,510 again, are there 2325 03:07:46,510 --> 03:07:47,010 any limits? 2326 03:07:47,630 --> 03:07:54,450 And I'd like to note that the committee discuss the general notion of are there limits, should 2327 03:07:54,450 --> 03:08:00,190 we impose limits on ourselves? Should we, from time to time, on individual subjects, say, 2328 03:08:00,670 --> 03:08:07,970 you know what, that's really not for us. Or is the committee's view that, you know, if we see it, 2329 03:08:09,630 --> 03:08:15,370 we don't talk about who jurisdiction it is, or which body of government ought to address it, 2330 03:08:15,370 --> 03:08:21,110 or whether it's already being addressed, and we need to fix it, it was a discussion around that kind of topic. 2331 03:08:21,110 --> 03:08:22,010 First 2332 03:08:25,920 --> 03:08:30,400 thing that comes to my mind was just with the business license revoking business licenses. 2333 03:08:31,260 --> 03:08:37,600 You know, there was discussions around that where is we can when there's the zoning issue, 2334 03:08:37,660 --> 03:08:46,220 we've seen that with recently with the business that did not comply with the stipulations 2335 03:08:47,460 --> 03:08:55,100 we put on their their rezoning those are in the law, those are things and there's and new 2336 03:08:55,100 --> 03:09:00,900 Laws, you know, the police power with nuisance laws as well. But there's if I'm right, there's 2337 03:09:01,920 --> 03:09:05,680 Code about circumstances under which we could revoke a business 2338 03:09:06,800 --> 03:09:13,520 Business lessons we want to say. Oh, sorry. Yes. Occupational tax certificate. There are things for which we can withdraw or vote 2339 03:09:13,520 --> 03:09:19,220 their tax certificate, but this would not be one of them, right? This wouldn't that's why that's not it. We had this ordinance 2340 03:09:19,220 --> 03:09:22,380 A punishment of this ordinance couldn't be that we're gonna 2341 03:09:22,380 --> 03:09:24,460 to ultimately revoke their business license. 2342 03:09:24,960 --> 03:09:26,940 There's nothing in this ordinance that authorizes that. 2343 03:09:27,420 --> 03:09:27,520 No. 2344 03:09:29,140 --> 03:09:32,080 Well, but there can't be because the law says there can't be, 2345 03:09:32,220 --> 03:09:32,540 is that right? 2346 03:09:34,040 --> 03:09:37,220 That's not a penalty we can impose for violation 2347 03:09:37,220 --> 03:09:38,640 of these kinds of acts. 2348 03:09:39,060 --> 03:09:41,280 It's spelled out what we can revoke. 2349 03:09:42,320 --> 03:09:44,260 Occupational texts are good for. 2350 03:09:46,770 --> 03:09:47,630 We could try. 2351 03:09:47,930 --> 03:09:49,210 I would advise against that. 2352 03:09:52,120 --> 03:09:55,360 So on the bigger question, if we can regulate 2353 03:09:55,360 --> 03:10:00,980 this behavior because we have general police powers is the sky the limit or 2354 03:10:00,980 --> 03:10:05,980 are there things that you all believe as council members discussions in your 2355 03:10:05,980 --> 03:10:12,880 committee that we should stay away from because it's not our lane we were 2356 03:10:12,880 --> 03:10:17,400 focused on this discussion and did not venture into any of those other topics now 2357 03:10:17,400 --> 03:10:23,720 Is it a current sign to you now that it's been bothering you? 2358 03:10:23,720 --> 03:10:26,540 Because it worked a few years ago with a future council. 2359 03:10:26,840 --> 03:10:31,320 Yeah, I always worry about that because when we had cityhood movement and people ask 2360 03:10:31,860 --> 03:10:34,560 what's your biggest concern and I said who you elect, right? 2361 03:10:34,740 --> 03:10:35,520 So it could, sure. 2362 03:10:36,220 --> 03:10:39,580 And we've seen other cities do that as well, so there's never any certainty. 2363 03:10:44,050 --> 03:10:47,070 I'm asking lots of questions, I'll pause anytime somebody else has one. 2364 03:10:47,630 --> 03:10:51,570 I'm about to move on to specifics of the language and the ordinance. 2365 03:10:51,570 --> 03:10:52,430 So, 2366 03:11:00,910 --> 03:11:08,670 the first sentence and the second paragraph of the purpose intent statement at the very beginning and that's six in your handout. 2367 03:11:09,890 --> 03:11:14,410 Did they, I've been meaning to ask, did Roger and Noel get the second? 2368 03:11:15,650 --> 03:11:29,930 So, the second paragraph and section 30-30 on begins with, the city of Tupper hereby declares that it is intended that whenever possible, any complaints arising in this, under this ordinance, be resolved by good faith discussion mediation. 2369 03:11:29,930 --> 03:11:35,130 or other forms of voluntary dispute resolution. 2370 03:11:37,240 --> 03:11:46,380 Does that, I mean I guess it's the same question in a different form as earlier, is this 2371 03:11:46,940 --> 03:11:53,500 the force of law as one of our presenters put it, or is this encouraging people to do 2372 03:11:53,500 --> 03:12:00,280 the right thing and resolve their differences sort of invoking the law and the court system 2373 03:12:00,280 --> 03:12:00,780 and so on? 2374 03:12:00,780 --> 03:12:06,200 So yeah, I think it's we're saying the intention is and we've got a process there, you know, for 2375 03:12:06,200 --> 03:12:10,920 mediation, but if that doesn't work, then we've got this ordinance. 2376 03:12:11,340 --> 03:12:15,700 I think this is the place where the language must be different because I had a note that 2377 03:12:16,840 --> 03:12:23,070 this ordinance was to be used as a guide, that specific word that I was asking about. 2378 03:12:24,130 --> 03:12:31,170 I guess my concern would be that some future time does it undermine the force of law that the 2379 03:12:31,170 --> 03:12:35,110 ordinance carries to say that it's really a guide or it's an encouragement or what 2380 03:12:35,110 --> 03:12:35,570 have been. 2381 03:12:36,990 --> 03:12:37,510 It's 2382 03:12:42,380 --> 03:12:47,520 an extra addition I mean we can talk about this further but it's I mean that 2383 03:12:47,520 --> 03:12:50,120 could easily come out and we have the mediation within. 2384 03:12:55,810 --> 03:13:00,130 So I'm sorry I'm going backwards just but the paragraph above that says it's the intent 2385 03:13:00,130 --> 03:13:08,430 of the council mayor safeguard rights including discrimination based on so on and so on. 2386 03:13:09,230 --> 03:13:13,130 Does the fact that it says, including mean that this is not an exhaustive list, 2387 03:13:15,550 --> 03:13:15,750 are there 2388 03:13:15,750 --> 03:13:17,150 things that we 2389 03:13:19,260 --> 03:13:22,840 think should be added there, maybe that is the same question I was asked 2390 03:13:22,840 --> 03:13:23,080 before? 2391 03:13:29,880 --> 03:13:35,980 As we've had with, you know, faith leaders, community leaders, business leaders across 2392 03:13:35,980 --> 03:13:36,380 the board. 2393 03:13:36,540 --> 03:13:39,640 So if there are those things that we need to look at to make sure it's a little bit more clear 2394 03:13:39,640 --> 03:13:41,280 against size, sure, we're open to that. 2395 03:13:43,610 --> 03:13:53,630 What's meant by section 30-302, paragraph 5, or any agent of such person, I don't know 2396 03:13:53,630 --> 03:13:53,850 what? 2397 03:13:59,280 --> 03:14:01,680 Ted, correct me if I'm wrong on this one, though. 2398 03:14:01,780 --> 03:14:05,920 A person who employs one or more employees in the city of Tucker, or any agent of such 2399 03:14:05,920 --> 03:14:06,600 person, 2400 03:14:09,090 --> 03:14:13,110 it could be your managers that are there on site for you as well. 2401 03:14:13,670 --> 03:14:15,250 That's the way I interpret it. 2402 03:14:16,070 --> 03:14:21,730 So, another employee of a business who's respectively higher in someone or 2403 03:14:24,380 --> 03:14:26,420 you 2404 03:14:29,400 --> 03:14:30,020 said earlier 2405 03:14:30,020 --> 03:14:36,840 that religious organizations are free to hire basically whoever they want they can insist 2406 03:14:36,840 --> 03:14:43,520 that anybody they hire for any position they can insist that that person agree to their 2407 03:14:43,520 --> 03:14:44,100 tenets 2408 03:14:46,500 --> 03:14:56,560 so 30 sorry I'm done I'm on page 8 of what you handed out earlier so section 30-304 2409 03:15:03,660 --> 03:15:08,720 I know I couldn't recite it, but affirmative action is a pretty specific legal, 2410 03:15:12,480 --> 03:15:37,890 right? And it really, I'll say it in my laments way, it legalizes certain crimes of discrimination to correct past discrimination, systemic discrimination, is that right? Am I? Anybody else? I guess my heartburn over it is that, again, we're talking about everybody 2411 03:15:37,890 --> 03:15:39,150 everybody getting the same protections. 2412 03:15:40,170 --> 03:15:41,850 We're talking about something that looks 2413 03:15:42,910 --> 03:15:44,030 from a date forward. 2414 03:15:44,930 --> 03:15:47,170 This kind of discrimination will be illegal. 2415 03:15:49,030 --> 03:15:50,470 Section 304- 2416 03:15:51,970 --> 03:15:54,810 And it also says a bona fide seniority system. 2417 03:15:55,010 --> 03:15:55,150 Yeah. 2418 03:15:55,790 --> 03:15:59,410 So what it says is that employer observes 2419 03:15:59,410 --> 03:16:02,470 the conditions of a bona fide affirmative action plan 2420 03:16:03,450 --> 03:16:06,330 and or a bona fide seniority system. 2421 03:16:06,330 --> 03:16:10,170 which is not a pretext to evade the purposes of this ordinance. 2422 03:16:10,590 --> 03:16:16,060 So if an employer has a bona fide seniority system, 2423 03:16:16,640 --> 03:16:22,820 they would qualify and be accepted from this ordinance. 2424 03:16:23,180 --> 03:16:24,760 This is an actual question, too. 2425 03:16:25,000 --> 03:16:27,980 Because I get a little confused in the exception section. 2426 03:16:28,120 --> 03:16:28,940 I think we talked about that. 2427 03:16:30,280 --> 03:16:35,240 Because I read it as, you can't say I have a legally binding affirmative, 2428 03:16:35,600 --> 03:16:37,200 which is what I think the bona fide piece is. 2429 03:16:37,200 --> 03:16:41,960 right? I have a legally binding agreement because of some other thing that I've had this 2430 03:16:41,960 --> 03:16:46,520 that all. Like there are affirmative action plans that sometimes people can be forced 2431 03:16:46,520 --> 03:16:52,040 to. That doesn't give you, this is how I read it. So that doesn't give you a free pass 2432 03:16:52,040 --> 03:16:56,240 to say I'm not discriminating against other people because look I have this plan over here 2433 03:16:56,240 --> 03:17:01,460 or I have this seniority plan. It doesn't, you still have to, you still have to treat people 2434 03:17:02,040 --> 03:17:04,180 is that the right way to read that? 2435 03:17:04,980 --> 03:17:06,540 That's how I took it. 2436 03:17:06,900 --> 03:17:08,500 Did you have any comments on that one? 2437 03:17:10,710 --> 03:17:13,350 I think that provision is, you know, 2438 03:17:13,490 --> 03:17:14,150 it's in the exceptions, 2439 03:17:15,210 --> 03:17:18,310 either a seniority plan or a formative action plan. 2440 03:17:19,410 --> 03:17:22,270 Arguably, if you can demonstrate the satisfaction 2441 03:17:22,270 --> 03:17:24,610 of the hearing officer that that's not a pretext, 2442 03:17:25,430 --> 03:17:27,950 but that it's an other bona fide being otherwise legal, 2443 03:17:28,590 --> 03:17:31,290 legally accepted formative action or seniority plan, 2444 03:17:31,290 --> 03:17:35,790 and that would be an exception to the charge. 2445 03:17:36,030 --> 03:17:39,890 Is it unusual for somebody to have one of those employer? 2446 03:17:42,920 --> 03:17:49,020 Courts have cut back on those significantly over the years. 2447 03:17:50,510 --> 03:17:57,020 They were originally created in order to have a redress for pass wrongs and to protect 2448 03:17:57,020 --> 03:18:01,800 against two-trigger discrimination, but a lot of the rulings and federal courts have really 2449 03:18:01,800 --> 03:18:03,800 restricted the scope of those kinds of plans. 2450 03:18:05,680 --> 03:18:10,580 Most employers who do business with federal government are required to have an affirmative 2451 03:18:10,580 --> 03:18:16,220 action plan and that's the biggest place where it shows up. 2452 03:18:17,460 --> 03:18:18,920 It's often true, yes. 2453 03:18:19,760 --> 03:18:24,580 It seems like we've had a discussion, maybe it was not specifically affirmative action, 2454 03:18:24,740 --> 03:18:30,680 but in order to institute, so if you're an employer or an operator or a business 2455 03:18:30,680 --> 03:18:35,060 and you want to install an affirmative action plan, just because you want to. 2456 03:18:35,900 --> 03:18:43,320 You have to prove all the past behavior that has been wrong, systemically, historically, 2457 03:18:43,760 --> 03:18:48,700 and now needs to be corrected because what you're going to say is you have to affirmatively seek out 2458 03:18:49,360 --> 03:18:55,760 members of protected classes to sort of get back to a level that would be appropriate or expected 2459 03:18:55,760 --> 03:19:00,080 if you hadn't been involved in discriminatory practices. 2460 03:19:01,890 --> 03:19:06,810 I mean, I guess the point is we're already exempting everybody 2461 03:19:06,810 --> 03:19:08,070 above 15 employees. 2462 03:19:08,890 --> 03:19:10,490 We're exempting lots of things. 2463 03:19:10,630 --> 03:19:14,390 We're really in this ordinance of, oh, we're talking about small employers. 2464 03:19:15,250 --> 03:19:19,510 And this is, you're saying a small employer could have an affirmative action plan 2465 03:19:19,510 --> 03:19:22,910 and therefore not have to be covered by this? 2466 03:19:23,770 --> 03:19:30,510 I'm not sure, I think affirmative action plan is a pretty specific legal term or requirement 2467 03:19:30,510 --> 03:19:36,390 that even if they wanted to, I'm not sure small employers could meet because of the law 2468 03:19:36,390 --> 03:19:36,790 requires. 2469 03:19:38,780 --> 03:19:38,940 Okay. 2470 03:19:39,700 --> 03:19:44,480 Well, I guess in the form of a question, the question is, do you really mean affirmative 2471 03:19:44,480 --> 03:19:51,260 action in a legal term of art or do you just mean that they have a non-discrimination policy 2472 03:19:51,260 --> 03:19:51,680 of their own? 2473 03:19:52,780 --> 03:19:55,420 No, I think it's in the legal sense, right here. 2474 03:19:58,590 --> 03:20:04,210 An employer, the way this is written, could have either or and not be covered by the... 2475 03:20:07,590 --> 03:20:14,810 I just want to go back to address, too, when you talked about there's exceptions for the larger employers. 2476 03:20:15,650 --> 03:20:20,810 The exception here, but they have other things that they've got to face. 2477 03:20:20,810 --> 03:20:24,770 But if somebody came in the door from a 100-person employer, 2478 03:20:25,550 --> 03:20:26,750 the hearing officer would immediately 2479 03:20:27,530 --> 03:20:31,830 say he should shout dismiss, not may or might. 2480 03:20:32,130 --> 03:20:32,690 Yeah, they shout. 2481 03:20:33,110 --> 03:20:35,350 If they're covered elsewhere, they're not covered by this. 2482 03:20:42,470 --> 03:20:43,310 So that 2483 03:20:47,240 --> 03:20:47,780 knows that. 2484 03:20:48,580 --> 03:20:51,040 Haven't been, don't intend to be, no offense, Ted. 2485 03:20:52,040 --> 03:20:54,980 But when I've had occasion to look at criminal code 2486 03:20:56,160 --> 03:20:58,760 previously, there's usually something that says something 2487 03:20:58,760 --> 03:21:06,720 like, if a person does X, they will be guilty of having committed the crime of Y. 2488 03:21:09,720 --> 03:21:10,060 Or they're 2489 03:21:10,060 --> 03:21:14,960 in the first degree, vehicular manslaughter, whatever. Is there something parallel to that 2490 03:21:14,960 --> 03:21:22,040 in this ordinance where the ordinance says this is what a violation means? This is what constitutes 2491 03:21:22,040 --> 03:21:22,720 a violation. 2492 03:21:36,910 --> 03:21:40,990 We can move on. It's a question the committee can take up. What does it mean 2493 03:21:40,990 --> 03:21:43,650 30-305 2494 03:21:48,480 --> 03:21:52,780 subject procedures the city shall receive, investigate, seek to 2495 03:21:52,780 --> 03:21:57,080 conciliate hold hearings on and or pass upon complaints alleging violations. 2496 03:21:57,300 --> 03:22:03,560 What does what does that mean to pass upon complaints so that would be somebody 2497 03:22:03,560 --> 03:22:07,620 would come in like you just use that example they have a complaint and we would 2498 03:22:07,620 --> 03:22:12,100 say this is where this is where you would go or we could refer it to that agency 2499 03:22:12,100 --> 03:22:17,400 itself so that's the process of our hearing officer declaring 2500 03:22:17,400 --> 03:22:19,560 This doesn't belong here, it belongs there. 2501 03:22:29,130 --> 03:22:31,010 Still in that same section, 33-05. 2502 03:22:35,100 --> 03:22:36,660 Several parts that kind of run together. 2503 03:22:43,800 --> 03:22:46,340 The item paragraph section four, 2504 03:22:46,960 --> 03:22:48,900 the clerk will still cause the complaint to be served 2505 03:22:48,900 --> 03:22:50,800 on the respondent within seven days. 2506 03:22:51,520 --> 03:22:54,160 And then the respondent shall have 30 days to file an answer. 2507 03:22:58,710 --> 03:23:00,610 You say a led to file later, I think that's one 2508 03:23:00,610 --> 03:23:02,470 of the places you meant to call them, they're responding. 2509 03:23:03,990 --> 03:23:05,130 City will provide form. 2510 03:23:05,450 --> 03:23:06,550 OK, so then it goes down. 2511 03:23:06,550 --> 03:23:10,730 in the next paragraph it says the city clerk shall cause a copy of the complaint to be served upon 2512 03:23:10,730 --> 03:23:17,510 the hearing officer three business days I guess that means within three business days a receipt 2513 03:23:17,510 --> 03:23:26,110 of a properly filed complaint via electronic mail so the clerk gets the complaint and has to serve 2514 03:23:26,110 --> 03:23:32,830 the hearing officer within three days but the respondent within seven days and then the next paragraph 2515 03:23:32,830 --> 03:23:38,970 The hearing officer will have 15 days to review the complaint and answer, so on and so on. 2516 03:23:39,090 --> 03:23:42,930 We're still within the time that the respondent has to respond. 2517 03:23:43,790 --> 03:23:53,230 The respondent has 30 days to answer, but you've already served the hearing officer or required the hearing officer to review the complaint and determine if it's in conformity. 2518 03:23:53,290 --> 03:24:00,250 Within three days, the hearing officer looks at it to say, okay, should it go somewhere else? Should it go here? Should it go there? 2519 03:24:00,250 --> 03:24:03,830 Right. Is this something we're going to look at? 2520 03:24:04,210 --> 03:24:05,970 Is it something we're going to look at at that point? 2521 03:24:06,170 --> 03:24:08,250 They don't even need to hear from the respondent. 2522 03:24:08,390 --> 03:24:10,570 They're just looking at the complaint to say, 2523 03:24:11,030 --> 03:24:12,410 does this fit? Is it covered? 2524 03:24:16,260 --> 03:24:17,320 And those can be adjusted. 2525 03:24:18,900 --> 03:24:21,620 Can I interject in here, Mr. Mayor? 2526 03:24:22,120 --> 03:24:22,320 Sure. 2527 03:24:24,550 --> 03:24:28,290 That was one of the most vague provisions of this 2528 03:24:28,290 --> 03:24:30,630 and I talked to Carol about that as well. 2529 03:24:30,630 --> 03:24:38,970 So, it doesn't really give criteria upon which a, hearing officer can dismiss a complaint, 2530 03:24:39,590 --> 03:24:46,330 and it doesn't provide whether a dismissal is based on a defect, an amenable defect, 2531 03:24:47,010 --> 03:24:55,430 whether it's a technical deficiency, or a failure to state a claim, where a petitioner 2532 03:24:55,430 --> 03:25:00,970 is permitted to amend the petition with no additional fee, 2533 03:25:01,210 --> 03:25:04,730 such as to overcome that presumption of a problem. 2534 03:25:05,520 --> 03:25:08,010 I had a big problem with Section 6 here. 2535 03:25:13,210 --> 03:25:13,390 All right. 2536 03:25:13,730 --> 03:25:17,110 That's good, and we'd recommend any additions or anything 2537 03:25:17,110 --> 03:25:18,730 that you would see that would make that better. 2538 03:25:19,590 --> 03:25:23,230 I'm happy to submit that for you and Ted, of course, 2539 03:25:23,230 --> 03:25:24,470 to review as well. 2540 03:25:25,010 --> 03:25:27,050 Ted will recognize my wording, so. 2541 03:25:27,930 --> 03:25:33,450 So I think it's a valid concern there, and it's very vague, but it needs to be tightened up. 2542 03:25:33,850 --> 03:25:34,330 Thank you. 2543 03:25:37,290 --> 03:25:42,730 So I wanted to try to understand paragraph 7 there, but I think maybe it's getting through 2544 03:25:42,730 --> 03:25:43,170 my head. 2545 03:25:43,690 --> 03:25:46,250 It's saying that the hearing officer has 2546 03:25:48,260 --> 03:25:50,160 the authority to request and share information 2547 03:25:50,160 --> 03:25:51,380 on referred complaints. 2548 03:25:52,720 --> 03:25:55,780 I'm not sure I follow why the word request in there. 2549 03:25:56,020 --> 03:26:01,400 Is this meaning to say the hearing officer can send information on these complaints to 2550 03:26:01,400 --> 03:26:03,500 to whatever state or federal agency. 2551 03:26:03,920 --> 03:26:05,820 Ted, that was when we worked on together. 2552 03:26:10,560 --> 03:26:12,480 Interprety to allow the hearing officer 2553 03:26:12,480 --> 03:26:16,540 to request information of any agency as to whether or not 2554 03:26:16,540 --> 03:26:18,280 they think the nature of the complaint is one 2555 03:26:18,280 --> 03:26:20,960 that's in their jurisdiction and to share the complaint 2556 03:26:21,490 --> 03:26:23,060 with any agency that has jurisdiction 2557 03:26:23,060 --> 03:26:24,120 over these types of complaints. 2558 03:26:28,650 --> 03:26:34,290 And so paragraph eight means that the hearing officer 2559 03:26:34,960 --> 03:26:37,110 will appoint a mediator. 2560 03:26:37,110 --> 03:26:41,190 Is that the intent here that the hearing officer is going to choose a mediator? 2561 03:26:41,790 --> 03:26:47,690 Notify everybody who it is and then somewhere else I think it says they have 30 days to complete 2562 03:26:47,690 --> 03:26:48,370 that mediation. 2563 03:27:13,400 --> 03:27:15,680 So you've changed some of your... 2564 03:27:15,680 --> 03:27:16,220 We did. 2565 03:27:16,360 --> 03:27:17,160 We brought that up. 2566 03:27:20,890 --> 03:27:22,870 Not the wording's changed, but the purpose. 2567 03:27:25,280 --> 03:27:25,700 By purpose. 2568 03:27:26,220 --> 03:27:28,460 I just want to find what I'm trying to ask about. 2569 03:27:31,240 --> 03:27:35,400 So the hearing officer will be notified whether the mediation was successful. 2570 03:27:40,460 --> 03:27:42,900 Initial burden improves placed on the complaining party. 2571 03:27:42,900 --> 03:27:46,340 What does quantum of proof mean? Is that a legal term? 2572 03:27:51,610 --> 03:28:03,200 Quantum, we, you know, burden of proof, but I think, you know, that's just intended to establish preponderance rather than reasonable doubt. 2573 03:28:04,880 --> 03:28:07,960 Proponderance of evidence, I get, I just hadn't seen quantum before. 2574 03:28:12,120 --> 03:28:20,800 So, um, in your paragraph 14 now in page 11, either party may call a witness by submitting a request to the hearing officer. 2575 03:28:20,800 --> 03:28:25,000 So, can they call a witness or only with permission of the hearing officer? 2576 03:28:26,280 --> 03:28:32,340 And can a witness be compelled in a circumstance like this if the respondent or the complainant 2577 03:28:32,340 --> 03:28:34,520 says, I want that witness there? 2578 03:28:36,680 --> 03:28:37,420 Can it be forced? 2579 03:28:37,820 --> 03:28:38,980 What happens there? 2580 03:28:40,440 --> 03:28:42,720 We have a discussion, I believe, as well. 2581 03:28:44,800 --> 03:28:48,900 The ordinance as written doesn't confer a subpoena power on this process, 2582 03:28:51,350 --> 03:28:52,030 so you can try 2583 03:28:52,030 --> 03:28:52,830 to put that in there. 2584 03:28:52,830 --> 03:28:54,810 We have spent a dollar in the Minister's court. 2585 03:28:57,030 --> 03:29:03,450 It's like, it occurred to me because this is sort of an extra legal process, right? 2586 03:29:03,570 --> 03:29:06,030 We're not going through normal processes. 2587 03:29:06,030 --> 03:29:12,800 We're creating a whole separate process to deal with this and a ton of issues that come 2588 03:29:12,800 --> 03:29:16,160 out of that that I think would have to be addressed in some way. 2589 03:29:17,640 --> 03:29:18,800 I did have a question. 2590 03:29:18,940 --> 03:29:24,880 I know we had talked about it and I around that same thing, which is I think I would love 2591 03:29:24,880 --> 03:29:32,140 to see us explore when the complaint is first made, that the complaint name who potential 2592 03:29:32,140 --> 03:29:39,920 witnesses might be, so that it's not further down into the process, and then they're like, 2593 03:29:40,060 --> 03:29:45,120 oh, who was there, who wasn't there, so if there's a way for them on that form to submit 2594 03:29:45,120 --> 03:29:49,360 who might be a potential witness, if there are any, I think that would be good to name early 2595 03:29:49,360 --> 03:29:49,780 in that. 2596 03:29:56,210 --> 03:29:58,570 I'd like to know somewhere along the way. 2597 03:30:00,940 --> 03:30:24,720 If either side wants to call a witness and they're not able to compel them to come in to whatever the process is and bear witness, do they have grounds for an appeal or complaint that says, look, I'm trying to introduce my side of the story. I can't have the means to do it. So process is flawed. 2598 03:30:28,060 --> 03:30:33,320 I'm struggling through trying to square my notes with your paragraph. 2599 03:30:34,420 --> 03:30:36,280 I'll just ask about 2600 03:30:43,070 --> 03:30:47,630 dressing rooming standards. Where did that go? Is that somewhere else? 2601 03:30:49,110 --> 03:30:50,530 It's probably towards the front. 2602 03:30:51,350 --> 03:30:51,810 Yeah, 2603 03:30:57,770 --> 03:31:02,630 maybe under exceptions. Ordnance does not prohibit employer from a 2604 03:31:02,630 --> 03:31:07,810 fire and employee during the employee's hours of work. So it's here to reasonable and equitable 2605 03:31:07,810 --> 03:31:09,150 dressing rooming standards. 2606 03:31:12,550 --> 03:31:13,710 So I got a couple of questions. 2607 03:31:15,870 --> 03:31:18,170 Uniforms, that's intended to address uniforms. 2608 03:31:21,920 --> 03:31:22,680 You can have uniforms. 2609 03:31:23,600 --> 03:31:25,000 Yeah, that's what I'm asking. 2610 03:31:25,280 --> 03:31:30,860 This says it's okay for an employer to require uniforms, provided they're permitted to 2611 03:31:30,860 --> 03:31:33,480 dress in a manner consistent with their gender identity. 2612 03:31:35,280 --> 03:31:37,240 It also uses the word equitable. 2613 03:31:37,580 --> 03:31:42,000 Actually, there's two or three of these that I'll try to regather for you. 2614 03:31:42,100 --> 03:31:43,200 Affirmative action is won. 2615 03:31:43,820 --> 03:31:45,300 That's not in the definitions. 2616 03:31:47,000 --> 03:31:52,600 Equitable is another word that's used in at least a couple of three places that's not in 2617 03:31:53,130 --> 03:31:53,960 the definitions. 2618 03:31:56,900 --> 03:32:02,140 And so, what about underdressed code kinds of things? 2619 03:32:02,540 --> 03:32:11,620 Is a person allowed to wear military or religious or political symbols, icons, or are those 2620 03:32:13,580 --> 03:32:14,810 treated under all this? 2621 03:32:14,810 --> 03:32:17,910 And can I use the example that I used the other day? 2622 03:32:20,770 --> 03:32:23,170 So we spoke the other day and she asked. 2623 03:32:23,630 --> 03:32:31,810 Yeah, so I think my understanding of how to think about equitable is related to... 2624 03:32:32,470 --> 03:32:38,230 So when I worked, one of the places I worked we had to distribute food equitably. 2625 03:32:38,330 --> 03:32:39,950 You had to provide service equitably. 2626 03:32:39,950 --> 03:32:47,410 What that meant was that whatever your stated policy was had to be applied to any person. 2627 03:32:48,050 --> 03:32:50,210 But you could have a specialized policy. 2628 03:32:50,410 --> 03:32:53,450 You could say we're only going to serve senior citizens. 2629 03:32:53,770 --> 03:33:04,110 You could say our dress code requires no political insignia or no religious affiliation or from 2630 03:33:04,110 --> 03:33:06,230 a religious perspective you could say it requires that. 2631 03:33:07,770 --> 03:33:13,730 The inequitable piece is when if you begin to enforce that policy outside of the bounds 2632 03:33:13,730 --> 03:33:14,370 of that policy. 2633 03:33:14,690 --> 03:33:21,410 So, if you've said we can't do this, and then somebody is doing it and something else 2634 03:33:21,410 --> 03:33:22,630 that that's where the issue comes. 2635 03:33:22,770 --> 03:33:29,630 So it's not, to me it's just saying you have to be applying that standard of uniform or whatever 2636 03:33:29,630 --> 03:33:32,270 you're defining as grooming standards appropriately. 2637 03:33:35,700 --> 03:33:41,420 We've had that discussion too with some folks who came in when you talk about, you know, 2638 03:33:42,260 --> 03:33:47,180 talking about beliefs or religious beliefs that work, right, may not go with this ordinance, 2639 03:33:47,400 --> 03:33:52,640 but if you allow, if you say, we don't do that here, you know, do that here, but if you 2640 03:33:52,640 --> 03:33:54,700 start to allow it, then you have to allow everybody. 2641 03:33:59,070 --> 03:34:01,510 For the moment, I'll be interested in getting that, 2642 03:34:10,220 --> 03:34:15,850 just a definition section, so the word 2643 03:34:15,850 --> 03:34:17,750 equitable or equitably is you. 2644 03:34:25,040 --> 03:34:26,700 So in the 2645 03:34:30,060 --> 03:34:34,720 section 30304 exceptions, 2646 03:34:42,600 --> 03:34:43,180 it uses the word 2647 03:34:43,180 --> 03:34:50,050 protected group in paragraph 10, plays of public accommodation, so on and so on, as long as the 2648 03:34:50,050 --> 03:34:54,930 place of public accommodation does not discriminate against any other protected group identified in this 2649 03:34:54,930 --> 03:35:04,700 ordinance. So I guess it just highlights again in another place the need to discern whether we're 2650 03:35:04,700 --> 03:35:10,640 We're talking about defining protected groups or saying it applies to everyone. 2651 03:35:15,390 --> 03:35:17,670 And then the hearing officer's capacity, 2652 03:35:23,700 --> 03:35:25,260 same section, down to 13, 2653 03:35:29,930 --> 03:35:30,870 15c. 2654 03:35:31,740 --> 03:35:38,750 In addition to or in lieu of a civil penalty, the hearing officer may impose or request a 2655 03:35:38,750 --> 03:35:40,810 corrective action for future compliance. 2656 03:35:46,700 --> 03:35:52,640 That's problematic in a couple of ways, but I guess my question is, does that, if the maximum 2657 03:35:52,640 --> 03:36:01,900 We can impose $1,000 or $6 months in jail, and the hearing officer has the authority to add to that. 2658 03:36:02,660 --> 03:36:04,360 Does that not exceed our authority? 2659 03:36:07,710 --> 03:36:11,510 It doesn't say what the limits are and what the hearing officer could prescribe. 2660 03:36:12,430 --> 03:36:21,620 So the home rule limits on a municipal ordinance that has a criminal effect would be $1,000 fine or $6 months in jail. 2661 03:36:21,620 --> 03:36:32,620 So this is, I think, intended to have just a civil penalty and that's, and the, that does 2662 03:36:32,620 --> 03:36:36,680 not answer your question about, you know, what the hearing officer might impose or correct 2663 03:36:36,680 --> 03:36:38,620 in terms of a corrective plan. 2664 03:36:40,680 --> 03:36:48,580 And you know, one can imagine a scenario in which such a plan does exceed parameters that are 2665 03:36:48,580 --> 03:36:51,520 for enforcement of an ordinance. That's not clear. 2666 03:36:53,240 --> 03:36:55,200 So, well, you raised another question. 2667 03:36:55,320 --> 03:36:58,420 It's a pretty foundational one. I guess we haven't talked about it. 2668 03:36:59,020 --> 03:37:06,980 This is, do we need to identify or in some way define this as civil laws opposed to criminal? 2669 03:37:09,630 --> 03:37:14,250 I mean, if you're going to talk about rules of evidence and witnesses and all those kind of things, 2670 03:37:14,250 --> 03:37:15,290 does that make a difference? 2671 03:37:16,030 --> 03:37:20,530 I think the reference in the ordinance to civil penalty and to the preponderance burden 2672 03:37:21,290 --> 03:37:22,070 have that effect. 2673 03:37:22,070 --> 03:37:24,110 It could be amended to make that more clear. 2674 03:37:31,960 --> 03:37:40,260 Section 336 says that this ordinance doesn't limit other remedies, but it would be clear 2675 03:37:40,260 --> 03:37:46,220 that ordinance does limit its own capacity if other remedies are available. 2676 03:37:50,800 --> 03:37:58,620 It's not to preclude someone availing themselves of this doesn't include their other remedies 2677 03:37:58,620 --> 03:38:04,400 except that hearing officer would preclude their remedies under this ordinance. 2678 03:38:04,840 --> 03:38:05,680 As he was covered 2679 03:38:08,520 --> 03:38:09,360 elsewhere, so you're not. 2680 03:38:12,340 --> 03:38:18,680 Could another, let's say, a state or federal agency that somebody took their complaint to, 2681 03:38:18,680 --> 03:38:28,340 But that agency say, oh yeah, but you have an ordinance in the city of Tucker that you have to avail yourself of first before you can come here. 2682 03:38:28,500 --> 03:38:30,000 You haven't exhausted your other remedies. 2683 03:38:33,340 --> 03:38:35,380 There have been exhaustion of administrative remedies argument. 2684 03:38:35,660 --> 03:38:38,960 I don't think it would be applicable in this context though. 2685 03:38:44,520 --> 03:38:53,140 Part two talks about the city of Tucker, I'm a little lost in the bit of a circular logic here. 2686 03:38:53,840 --> 03:38:56,120 We've exempted all governments this 2687 03:39:00,060 --> 03:39:00,360 ordinance. 2688 03:39:02,280 --> 03:39:06,240 But in this act we say we're not, the City of Tucker shall not discriminate. 2689 03:39:08,120 --> 03:39:12,240 The Tucker has such a policy and I think it's required if I'm right. 2690 03:39:13,880 --> 03:39:16,840 We're sort of required by DCA and state agencies, 2691 03:39:19,170 --> 03:39:21,450 all those things, to do all that. 2692 03:39:21,770 --> 03:39:26,950 So, is the City of Tucker exempted or not exempted? 2693 03:39:33,840 --> 03:39:38,180 Ted, you had talked about putting that in a separate provision within the ordinance. 2694 03:39:39,200 --> 03:39:45,020 The city would be exempt from the procedural remedies in terms of the complaint hearing officer. 2695 03:39:45,680 --> 03:39:49,600 Essentially because you can't really find yourself. 2696 03:39:51,540 --> 03:39:58,260 But the part two is intended to make clear a law with respect to how the city sees itself. 2697 03:39:59,120 --> 03:40:01,140 And it should not be exercising this kind of discrimination. 2698 03:40:02,160 --> 03:40:03,940 How you would enforce that is not clear. 2699 03:40:03,940 --> 03:40:04,800 Okay. 2700 03:40:09,690 --> 03:40:15,270 And we did discuss that perhaps that is a separate ordinance. Correct. We did have 2701 03:40:15,270 --> 03:40:17,750 that conversation about all the ourselves accountable. 2702 03:40:26,310 --> 03:40:29,590 The last sentence is not a sentence. 2703 03:40:30,370 --> 03:40:31,830 What do we mean to say there? 2704 03:40:39,180 --> 03:40:43,500 I can't hear you and I'm sorry. Sorry, I'm implement a plan. 2705 03:40:44,760 --> 03:40:48,200 So we talk here to show great and implement a plan plan to include educational 2706 03:40:48,200 --> 03:40:51,960 opportunities at least once per year. The plan. So that plan that's referred to 2707 03:40:52,680 --> 03:40:53,160 we're 2708 03:40:57,350 --> 03:41:00,830 going to distribute it as we called for in the resolution last year. 2709 03:41:02,910 --> 03:41:03,390 Holders 2710 03:41:03,390 --> 03:41:07,030 of Occupational Tech certificates, but a lot more than just businesses are 2711 03:41:07,030 --> 03:41:07,830 covered by that. 2712 03:41:11,380 --> 03:41:15,600 Complete that. We'd have to deal with property owners, 2713 03:41:16,420 --> 03:41:20,280 sellers, lessers, brokers. There are other areas of accommodation. 2714 03:41:23,520 --> 03:41:24,140 We're not just 2715 03:41:24,140 --> 03:41:30,070 talking about employment. Well, and a lot of those folks would be referred 2716 03:41:32,090 --> 03:41:35,250 automatically as well. But yeah, I could see that like real estate agents. 2717 03:41:39,730 --> 03:41:40,510 So what you're thinking? 2718 03:41:40,810 --> 03:41:48,770 Yeah, that's what I was thinking. And I was envisioning at some point when this is obviously approved 2719 03:41:48,770 --> 03:41:55,990 and we're implementing it that we would have perhaps a communications plan and we part of our yearly 2720 03:41:57,590 --> 03:42:03,690 objectives to speak in the communications plan. And I'd go back. I'll ask on that point too 2721 03:42:04,010 --> 03:42:09,690 several of the other cities that did this because I 2722 03:42:12,150 --> 03:42:16,470 know many of them maybe did not call for this to be shared through the occupational tax 2723 03:42:16,470 --> 03:42:20,750 certificate, but others did, and so I would see how they would handle that with the accommodations piece. 2724 03:42:28,520 --> 03:42:38,100 Questions about how it would be applied, but I think you would refer into those hypotheticals before what a business or a business 2725 03:42:38,100 --> 03:42:43,060 business owner have a right to file a complaint against protesters or people on social media 2726 03:42:43,060 --> 03:42:48,500 picketers if the business or the business owner believes they're being discriminated against. 2727 03:42:48,940 --> 03:42:49,820 In other words, 2728 03:42:52,210 --> 03:43:01,700 some group takes up a campaign to malign a business in the public square electronic 2729 03:43:01,700 --> 03:43:08,180 or otherwise. And that business believes there are the subject of discrimination. This is 2730 03:43:08,180 --> 03:43:14,700 all about arming them and not seeking equity or justice or anything else. Under this 2731 03:43:14,700 --> 03:43:19,080 ordinance does that business or business owner have a complaint? 2732 03:43:23,980 --> 03:43:24,480 Kind of goes 2733 03:43:24,480 --> 03:43:30,500 your earlier point. Yeah I mean Ted help me out here I'm not a lawyer but I 2734 03:43:30,500 --> 03:43:37,820 don't see that I don't see it under any areas of discrimination within this 2735 03:43:37,820 --> 03:43:45,740 ordinance. So since 30-303 defines the rights that are being protected, you know, because 2736 03:43:45,740 --> 03:43:49,140 it's a complete different process, someone could try to make an argument, but I don't think 2737 03:43:49,140 --> 03:43:55,100 that's your scenario, Mr. Mayor, addresses the aim of this language. 2738 03:43:58,800 --> 03:44:04,240 Well, I'll just make the point again that if it's for everybody, a business owner can be 2739 03:44:04,240 --> 03:44:10,200 discriminated against. And I think we've seen cases. I'm not going to argue it. I'll 2740 03:44:10,200 --> 03:44:11,400 just ask the question for now. 2741 03:44:13,720 --> 03:44:19,040 Is there a notion within all this of a hostile environment? 2742 03:44:19,860 --> 03:44:29,020 In other words, if I enter a place of public accommodation or a hotel, a store, a public 2743 03:44:29,020 --> 03:44:29,320 street. 2744 03:44:32,670 --> 03:44:39,630 Does the owner have to say something to me directly, or is it enough that they 2745 03:44:39,630 --> 03:44:41,870 clearly don't want my kind in their place? 2746 03:44:48,120 --> 03:44:51,800 Because it's a complaint-driven process, I think if you can make a primafacial case that 2747 03:44:51,800 --> 03:44:58,080 you were discriminated against on any of the criteria, based gender, doesn't have to be 2748 03:44:58,080 --> 03:44:59,460 somebody said I don't like white guy. 2749 03:45:00,340 --> 03:45:17,380 No. If they just make it clear that I'm not welcome. I mean, again, you know, you never know what the hearing officer's going to do with this or what the ovens would show, but I think if you can make a promise, a case based on any numbers, scenarios, verbal, you know, just general how you're treated. Sure. 2750 03:45:23,550 --> 03:45:35,690 Penalties, I don't see any. Are there penalties? Or would you consider them in place for abuse of the ordinance? If you have a person who just 50 bucks done mean anything to them. 2751 03:45:35,690 --> 03:45:39,290 if they can get their pound of flesh by repeatedly accusing somebody, 2752 03:45:41,450 --> 03:45:42,750 if y'all talk about 2753 03:45:42,750 --> 03:45:46,020 that kind of abuse? 2754 03:45:47,870 --> 03:45:49,050 No, we did not. 2755 03:45:54,380 --> 03:46:02,440 Would we be breaking our own ordinance if we seek one protected class instead of another, 2756 03:46:02,980 --> 03:46:10,500 or if we seek anyone based on any of these characteristics rather than their qualifications, 2757 03:46:10,780 --> 03:46:15,040 would we be breaking our own ordinance in the case of board's commission? 2758 03:46:20,220 --> 03:46:22,860 Potentially disordinates and federal law. 2759 03:46:22,960 --> 03:46:23,300 Let 2760 03:46:33,740 --> 03:46:36,080 me ask this quick question for 2761 03:46:38,440 --> 03:46:42,300 boards and commissions, our employees. 2762 03:46:42,560 --> 03:46:45,840 I'm just asking because I don't think we do and I don't think it's our intent to do that. 2763 03:46:46,060 --> 03:46:48,160 But I was just a little clarity on that. 2764 03:46:49,320 --> 03:46:57,200 For boards and commissions, it depends on, you know, the courts would look at whether or not there's a property right interest in that appointment. 2765 03:46:57,200 --> 03:47:04,240 If there's even a stipend, they would definitely say that there is a property right interest in that position. 2766 03:47:04,400 --> 03:47:05,640 And the discrimination would be prohibited. 2767 03:47:06,060 --> 03:47:11,260 The less clear question is if it's a volunteer position, and there's no compensation. 2768 03:47:18,900 --> 03:47:31,140 I was unclear about, there's a reference, and I'm sorry, I don't know where it is, but basically says businesses wouldn't be required to alter their buildings, 2769 03:47:31,140 --> 03:47:34,360 or do something that required them to get a building permit. 2770 03:47:35,680 --> 03:47:43,060 So I don't know what happens in the case where a business has what they have, 2771 03:47:43,320 --> 03:47:45,760 small business, a couple of restrooms. 2772 03:47:47,540 --> 03:47:52,700 So they're not required to build more, change their physical layout, 2773 03:47:53,200 --> 03:47:55,000 but what do they do? 2774 03:47:55,580 --> 03:47:58,700 And is there a claim against them if they just say, 2775 03:47:58,700 --> 03:48:03,000 Okay, you know, I've fallen that category of, I don't have to do anything. 2776 03:48:04,540 --> 03:48:10,000 So they can just carry on as they have, and if a claim arises, am I supposed to make 2777 03:48:10,000 --> 03:48:10,440 a complaint? 2778 03:48:11,780 --> 03:48:14,740 That's their defense, and the hearing officer says the 2779 03:48:32,050 --> 03:48:33,530 Americans with disabilities act. 2780 03:48:38,020 --> 03:48:38,700 I see it in the well. 2781 03:48:39,400 --> 03:48:45,510 We're waiting on the comments from Ted, no, I'm sorry, I was, could you hit the question? 2782 03:48:45,510 --> 03:48:51,970 But, well, Ann points out, there's an item in paragraph seven under exceptions that says 2783 03:48:52,510 --> 03:48:58,390 a business is not required to make changes to any existing facility that would require a building permit, 2784 03:48:59,030 --> 03:49:01,730 except as otherwise required by the ADA. 2785 03:49:02,770 --> 03:49:05,270 Other provisions in law. So this came up a long time ago. 2786 03:49:05,530 --> 03:49:14,490 Like, are you going to make every small business in Tucker build out a third bathroom or a different arrangement within their facility? 2787 03:49:14,490 --> 03:49:20,390 And this is our call. This was a way to say, no, we're not trying to go overboard. 2788 03:49:20,750 --> 03:49:24,770 There are cases where they're small and whatever. But what happens? 2789 03:49:25,430 --> 03:49:29,570 Are we saying that's a defense to someone's complaint? 2790 03:49:31,610 --> 03:49:34,890 I would have to fill a building permit to do that and so I don't have to. 2791 03:49:36,350 --> 03:49:41,990 I think at a minimum, it is a stop all against a remedy plan 2792 03:49:41,990 --> 03:49:43,450 that a hearing officer might try to impose. 2793 03:49:46,500 --> 03:49:49,040 In other words, that's not something within 2794 03:49:49,040 --> 03:49:54,480 the power of the hearing officer, or it's not a remedy, you could obtain through exercising 2795 03:49:54,480 --> 03:49:55,940 the complaint under the ordinance. 2796 03:49:59,580 --> 03:50:02,160 So we have an organization in town we're all familiar 2797 03:50:02,160 --> 03:50:03,140 with called networks. 2798 03:50:05,930 --> 03:50:11,390 My question is would networks, I'll ask the question, would networks be considered 2799 03:50:11,390 --> 03:50:17,670 to religious organization under 30-30, excuse me, 30-30-20-15. 2800 03:50:27,720 --> 03:50:31,220 So, 33-20-20 is definitions. 2801 03:50:32,200 --> 03:50:36,040 Per graph, 15 defines a religious organization. 2802 03:50:38,810 --> 03:50:41,950 And I'd like to know, as an example, just 2803 03:50:41,950 --> 03:50:46,470 because it's what I'm very familiar with, would networks be considered a religious organization 2804 03:50:46,470 --> 03:50:47,150 under that? 2805 03:50:48,290 --> 03:50:51,610 I think we'd have to look at their by-laws. I don't know if they're, I don't think they're 2806 03:50:54,090 --> 03:50:58,990 It's a little tricky because it actually does name that in the mission statement, but 2807 03:50:59,440 --> 03:51:00,090 you're on the board. 2808 03:51:00,750 --> 03:51:11,250 Yeah, so I think it really does come down to what you said, the by-laws and like, is 2809 03:51:11,250 --> 03:51:19,740 the express purpose what this is named or is it doing something else and it's just funded 2810 03:51:19,740 --> 03:51:24,680 by a religious organization, and unfortunately, networks isn't a little bit of a one-of-a-degree 2811 03:51:24,680 --> 03:51:25,620 spots, so. 2812 03:51:25,960 --> 03:51:27,780 And it could be faith-based social agency? 2813 03:51:30,550 --> 03:51:31,630 Unintended consequences. 2814 03:51:32,130 --> 03:51:32,850 That's what I'm looking for. 2815 03:51:34,450 --> 03:51:42,110 So, if an organization like Rotary or Tucker Business has some community business sort 2816 03:51:42,110 --> 03:51:48,070 of organization invites a speaker on a topic that promotes one group at the expense of 2817 03:51:48,070 --> 03:51:54,490 another. In any of these groups, pick your topic. Does an attendee have a claim? 2818 03:51:55,870 --> 03:52:01,350 In other words, meeting people who are invited to, they invite a speaker who 2819 03:52:02,410 --> 03:52:09,790 advocates that whatever it is, he is putting one group in front of another. Does 2820 03:52:09,790 --> 03:52:15,010 an attendee or a member of that club have a claim? 2821 03:52:19,140 --> 03:52:21,360 If a business in Tucker what's 2822 03:52:23,380 --> 03:52:29,820 on a training for, and we're talking businesses under 15 employees, what's on a training 2823 03:52:30,980 --> 03:52:39,310 that promotes ideas about systemic racism and historic oppression and what our response 2824 03:52:39,310 --> 03:52:45,390 should be to that, is that employee have a claim against his employer. 2825 03:52:49,260 --> 03:52:51,300 Is that a question for me, I'm not a 2826 03:52:53,310 --> 03:52:53,590 committee? 2827 03:52:55,530 --> 03:53:00,170 I mean, I think it sounds like from the hypotheticals we're talking about more of a first 2828 03:53:00,170 --> 03:53:07,190 amendment type issue. You know, I think to have a claim, you'd have to be able to allege 2829 03:53:07,190 --> 03:53:11,510 some deprivation of one of these things in section 30-30-30-3 related to appointment, 2830 03:53:12,270 --> 03:53:19,070 denial of accommodation, a place of public accommodation, right to engage in a property transaction 2831 03:53:19,070 --> 03:53:27,130 or be a witness, testify and exercise, any other right. So, you'd have to cast your complaint in such 2832 03:53:27,130 --> 03:53:31,970 a way as to make out a case that you have been deprived under that section, not just 2833 03:53:31,970 --> 03:53:33,170 that you heard something you didn't like. 2834 03:53:33,850 --> 03:53:37,810 Well, then I'm not talking about first amendment that my speech has been suppressed. 2835 03:53:38,590 --> 03:53:42,290 I'm talking about the, let's take the case of an employer doing training. 2836 03:53:42,650 --> 03:53:45,250 We've heard lots of these stories in the last few years. 2837 03:53:47,770 --> 03:53:57,820 That employee has been forced through training that indicates discrimination against him, that 2838 03:53:57,820 --> 03:54:03,280 that employer is going to favor certain groups in order to correct past behavior or whatever 2839 03:54:03,280 --> 03:54:05,300 they perceive as systemic. 2840 03:54:09,460 --> 03:54:10,980 I think there's a potential complaint there. 2841 03:54:13,930 --> 03:54:15,250 Well, if that's not what the committee meant, 2842 03:54:17,840 --> 03:54:19,220 it's something that needs to be considered. 2843 03:54:22,920 --> 03:54:26,440 What about misusing or refusing to use preferred pronouns? 2844 03:54:29,520 --> 03:54:30,060 I'm sorry, no. 2845 03:54:30,120 --> 03:54:32,500 Well, I told you a long time ago I was going to call on you. 2846 03:54:33,220 --> 03:54:33,400 Please go ahead. 2847 03:54:33,400 --> 03:54:35,960 Do you think we can have a break for 10 minutes? 2848 03:54:36,260 --> 03:54:37,920 Please, we've been here for four hours. 2849 03:54:39,080 --> 03:54:39,880 What's your pleasure, 2850 03:54:42,030 --> 03:54:42,570 10 minutes? 2851 03:54:47,840 --> 03:54:49,960 Let me ask this because I see staff. 2852 03:54:50,980 --> 03:54:52,220 Everybody else, it's 11. 2853 03:54:52,440 --> 03:54:53,360 This is a work session. 2854 03:54:53,840 --> 03:54:54,540 It's a discussion. 2855 03:54:54,900 --> 03:54:56,300 There's no decision to be made. 2856 03:54:58,520 --> 03:55:01,020 Would it be OK to continue the conversation? 2857 03:55:01,980 --> 03:55:04,080 I know you're asking these things in public. 2858 03:55:04,700 --> 03:55:08,120 We can take that up next go around. 2859 03:55:08,120 --> 03:55:11,260 or as others have done, they've shared these things 2860 03:55:11,260 --> 03:55:14,760 and we've talked through it and asked to look to address it. 2861 03:55:21,070 --> 03:55:25,850 So, do you want to share that with us 2862 03:55:26,470 --> 03:55:28,470 to take back to the working group 2863 03:55:28,470 --> 03:55:30,690 and work with Ted through those 2864 03:55:32,330 --> 03:55:34,130 as we've done with other folks? 2865 03:55:35,210 --> 03:55:37,610 Do you want to list them out tonight 2866 03:55:37,610 --> 03:55:40,110 and then we come back and answer them at a later time? 2867 03:55:40,110 --> 03:55:42,870 I'm just saying there's no decision tonight. 2868 03:55:44,470 --> 03:55:53,010 So wanting to be respectful of that, but I'm also, you know, you know, it's a public 2869 03:55:53,010 --> 03:55:53,270 now. 2870 03:55:53,450 --> 03:55:54,170 You've brought a report. 2871 03:55:54,370 --> 03:55:57,110 You've done work on behalf of the city with city council members. 2872 03:55:58,500 --> 03:56:01,910 It's important to me that these questions, the public knows these questions are being 2873 03:56:01,910 --> 03:56:08,230 asked and dealt with and considered before we proceed to, you know, finalize a proposal. 2874 03:56:08,230 --> 03:56:13,370 So if you want to continue this at a future work session, or 2875 03:56:18,170 --> 03:56:20,410 do you want to go ahead and list them out and then we'll 2876 03:56:23,030 --> 03:56:30,330 I'll give them to you, but I want to have the discussion in the public view. That's the point. No open records open meeting side 2877 03:56:33,820 --> 03:56:39,820 Could we come back with that discussion like you list those out we may not have answers for all those tonight 2878 03:56:39,820 --> 03:56:40,660 That's what I'm saying 2879 03:56:40,660 --> 03:56:44,560 So then we can come back in another time and address that publicly. 2880 03:56:46,710 --> 03:56:48,970 Well, if you're saying we can take a five minute break. 2881 03:56:49,190 --> 03:56:51,810 We can draw a line and pick up where we left off at some future meeting. 2882 03:56:52,110 --> 03:56:52,970 I'd be willing to do that. 2883 03:56:56,370 --> 03:56:58,130 Rested council, I'm looking at you guys. 2884 03:57:01,740 --> 03:57:03,480 How many more questions do you have, Frank? 2885 03:57:05,060 --> 03:57:05,840 A couple of pages. 2886 03:57:07,120 --> 03:57:10,480 Well, if you could give me an average of time, what do you got? 2887 03:57:12,780 --> 03:57:14,160 For an hour, two hours. 2888 03:57:18,620 --> 03:57:20,940 I guess it depends on the conversation. 2889 03:57:25,010 --> 03:57:26,410 I could do half an hour an hour. 2890 03:57:26,410 --> 03:57:32,270 Listen, I don't want this to be perceived as I'm playing some long drag it out kind of 2891 03:57:32,270 --> 03:57:32,490 game. 2892 03:57:32,670 --> 03:57:36,670 These are legitimate questions to me, and there are people who have either asked me these 2893 03:57:36,670 --> 03:57:41,170 questions or asked me to get an answer, or there are things that I arrived at reading 2894 03:57:41,170 --> 03:57:45,770 through the plain language of the ordinance, and I didn't bring this ordinance, and I didn't 2895 03:57:45,770 --> 03:57:49,790 bring it in the middle of an election season, or in the middle of a public works referendum, 2896 03:57:49,790 --> 03:57:53,670 and we're a little of an economic development strategy plan. 2897 03:57:56,310 --> 03:57:59,050 We can decide to do what we want on our own timing. 2898 03:57:59,210 --> 03:58:00,530 I had that question today as well. 2899 03:58:00,650 --> 03:58:01,790 Yeah, I respect that. 2900 03:58:01,890 --> 03:58:04,030 I was just asking because I would like a bathroom break 2901 03:58:04,030 --> 03:58:04,830 for five minutes. 2902 03:58:05,050 --> 03:58:07,010 And then we can keep going for another two hours. 2903 03:58:07,510 --> 03:58:08,290 I'm ready to go. 2904 03:58:08,810 --> 03:58:10,190 I just would like a break, please. 2905 03:58:10,810 --> 03:58:11,030 Sure. 2906 03:58:11,330 --> 03:58:11,610 All right. 2907 03:58:12,650 --> 03:58:13,430 I have, 2908 03:58:16,000 --> 03:58:17,500 it's coming up on 10 after. 2909 03:58:18,580 --> 03:58:21,540 You want to say, quarter past, we'll be back in here. 2910 03:58:21,540 --> 03:58:24,220 6 minutes. 2911 04:04:48,530 --> 04:04:58,010 Good, finally, you know, this meeting started at five o'clock, Salt Lake City time, so I'm going to eat my dinner now. So I'm going to have to leave a little rest. 2912 04:05:16,690 --> 04:05:20,500 Taking care of, John's going to, okay, I 2913 04:05:45,020 --> 04:05:48,260 was asking about preferred pronouns, which is 2914 04:05:51,680 --> 04:06:00,500 the intention of the committee that misusing or refusing to use requested preferred pronouns would be the basis for a claim. 2915 04:06:08,680 --> 04:06:13,080 We did not discuss that. Ted, would that be a basis for a claim? 2916 04:06:13,080 --> 04:06:18,190 Because it's a complaint driven process, I think someone could make that claim, certainly, 2917 04:06:18,690 --> 04:06:22,270 whether or not that constitutes employment discrimination, if that were in the context, 2918 04:06:22,750 --> 04:06:24,950 would you sort of note that process? 2919 04:06:25,930 --> 04:06:30,690 Well, it could be public accommodation or any of the areas that are covered, right? 2920 04:06:31,970 --> 04:06:32,330 Could be. 2921 04:06:32,430 --> 04:06:33,670 I think employment is most likely. 2922 04:07:10,620 --> 04:07:11,380 I cannot help it. 2923 04:07:11,720 --> 04:07:11,960 I 2924 04:07:18,870 --> 04:07:21,550 can time for you to buy items or go away. 2925 04:07:30,180 --> 04:07:38,480 So I'm interested in the application to public events, festivals on Main Street, 2926 04:07:40,610 --> 04:07:40,950 protests, 2927 04:07:41,730 --> 04:07:42,830 political speech. 2928 04:07:45,670 --> 04:07:51,510 We've talked before about we can't, the city can't limit the content of 2929 04:07:54,130 --> 04:07:54,990 an event or 2930 04:07:54,990 --> 04:07:57,310 a person holding a sign or what have you. 2931 04:07:57,850 --> 04:08:05,190 So what if that event or sign or whatever communication is going on around that is, 2932 04:08:08,070 --> 04:08:08,570 I guess 2933 04:08:08,570 --> 04:08:13,730 can't just be offensive but what if a person says look the city rented the city 2934 04:08:13,730 --> 04:08:19,130 streets they're funding this event which is creating a hostile environment or 2935 04:08:21,790 --> 04:08:28,550 pressing upon me in some way that it feels like the city is saying this race 2936 04:08:28,550 --> 04:08:31,230 whatever other classification that 2937 04:08:33,250 --> 04:08:37,270 should have some sort of priority over me I'm 2938 04:08:37,270 --> 04:08:41,190 not saying they have very well but maybe you can imagine the scenario that I'm 2939 04:08:44,710 --> 04:08:50,170 Isn't it only if you're denied services because of that class, it's not just like, I 2940 04:08:52,440 --> 04:08:55,460 mean I guess I'm asking a question, I thought it was related to the denial of services. 2941 04:08:56,440 --> 04:09:03,160 There's language in the ordinance about contributing directly or indirectly to, I 2942 04:09:05,720 --> 04:09:08,820 don't know exactly where that is, but try to take a fast look. 2943 04:09:13,430 --> 04:09:15,390 13 is 2944 04:09:19,960 --> 04:09:22,860 on your page 7 paragraph 13. 2945 04:09:23,400 --> 04:09:30,500 Plays of Public Resort accommodation assemblage or amusement, which brings to mind city festival 2946 04:09:30,500 --> 04:09:36,540 or a private festival held on public streets that solicits or accepts patronage or trade 2947 04:09:36,540 --> 04:09:40,640 of the general public or that is supported directly or indirectly by government funds. 2948 04:09:43,560 --> 04:09:48,080 So that's the definition of a place of public resort accommodation assemblage or amusement. 2949 04:09:48,080 --> 04:09:49,520 So there's 2950 04:09:51,950 --> 04:09:52,850 all kinds of scenarios. 2951 04:09:57,780 --> 04:10:00,220 Wasn't there one as Supreme Court won in Boston? 2952 04:10:00,920 --> 04:10:01,760 I can't remember the name. 2953 04:10:02,100 --> 04:10:02,800 Well, it was the parade. 2954 04:10:02,900 --> 04:10:03,880 It was St. Patrick's Day parade. 2955 04:10:04,080 --> 04:10:04,720 St. Patrick's Day parade. 2956 04:10:05,460 --> 04:10:13,600 I think the issue is whether or not you're denied the term 2957 04:10:13,600 --> 04:10:15,980 here, the language issues here is a full enjoyment. 2958 04:10:16,540 --> 04:10:18,940 If someone is saying something, you know, 2959 04:10:20,800 --> 04:10:22,600 whatever it is they're saying, that you take 2960 04:10:22,600 --> 04:10:28,240 to, you know, arguably that's, I mean, you could make a complaint for it. I'm not sure 2961 04:10:28,240 --> 04:10:33,520 this language, you know, the most tearing officers would hear that as a valid complaint, 2962 04:10:33,600 --> 04:10:38,940 if you were denied access, that certainly would be a valid basis for a complaint. I think 2963 04:10:38,940 --> 04:10:44,380 that's kind of where the courts have fallen, where you've seen, you know, their state laws 2964 04:10:44,380 --> 04:10:45,380 and federal laws on that. 2965 04:10:48,650 --> 04:10:50,150 Well, clarify 2966 04:10:52,870 --> 04:10:54,990 my concern, but I guess context 2967 04:10:58,000 --> 04:10:59,640 of what I've been asking about tonight 2968 04:11:00,680 --> 04:11:06,840 Question really is just did the committee discuss talk about it consider those kinds of hypotheticals 2969 04:11:06,840 --> 04:11:16,860 And this is ordinance have any bearing on those kinds of things so if the city grants a parade permit a group that 2970 04:11:17,480 --> 04:11:22,620 Some citizen finds noxious does that citizen have a complaint to say the government is sponsoring 2971 04:11:24,340 --> 04:11:30,600 discrimination, because they're allowing and promoting this group to give its message 2972 04:11:30,940 --> 04:11:37,420 on a public street that I help pay for, and I am oppressed by it. 2973 04:11:45,590 --> 04:11:53,590 Loser in a case, so the respondent, the accused, loses, and that person or organization simply 2974 04:11:53,590 --> 04:11:54,690 ignores the fine. 2975 04:12:11,770 --> 04:12:12,470 If 2976 04:12:14,640 --> 04:12:22,100 someone fails to comply, arguably they're in contempt of whatever that penalty or compliance 2977 04:12:22,100 --> 04:12:27,060 order is, there's no procedure identified in the ordinance for that. 2978 04:12:29,010 --> 04:12:37,360 If it's a hearing officer as opposed to a municipal court, does that change the repercussions 2979 04:12:37,360 --> 04:12:38,500 of that action? 2980 04:12:38,500 --> 04:12:44,660 Well, the municipal court would have consent power to enforce an order within the limits 2981 04:12:44,660 --> 04:12:48,760 of what municipal courts are allowed to do, which is a $200 fine and 10 days incarceration. 2982 04:12:51,040 --> 04:12:56,040 There's no, you know, particular prescription here for what the hearing officer can do. 2983 04:12:56,160 --> 04:13:00,900 You can arguably amend the ordinance to confer the same powers that hearing officer, but it's 2984 04:13:00,900 --> 04:13:01,340 not clear. 2985 04:13:02,640 --> 04:13:11,020 Ted, correct me if I'm wrong, would there not be an ability to appeal to the Superior 2986 04:13:11,020 --> 04:13:17,720 Court of Decap County to enforce it beyond what the local ordinance would permit a municipality 2987 04:13:17,720 --> 04:13:18,440 to do? 2988 04:13:19,940 --> 04:13:24,540 I'm not sure exactly how that would work. 2989 04:13:24,540 --> 04:13:31,140 If in that scenario, you know, the hearing officer of this, that's been employed by the 2990 04:13:31,140 --> 04:13:38,240 city to overhear this process issues a judgment, you know, it's not, I mean, you could 2991 04:13:38,240 --> 04:13:42,920 language in here that you could sue to enforce the judgment, but I think we need something 2992 04:13:42,920 --> 04:13:44,720 like that in order to be able to do that. 2993 04:13:47,140 --> 04:13:49,340 And that was exactly my thoughts, thanks. 2994 04:13:50,660 --> 04:14:02,380 So for us laypeople something could be done in the ordinance that would be okay that would be even in the context of a hearing officer as opposed to municipal court. 2995 04:14:02,480 --> 04:14:04,660 We could put something in there. It's just not there now. 2996 04:14:06,380 --> 04:14:12,680 Yes, though I do not want to have 100% certainty that that remedy is effective. 2997 04:14:31,550 --> 04:14:36,610 I would agree, I mean we do struggle with enforcement even in municipal court, cities under 2998 04:14:36,610 --> 04:14:42,050 the home relaxed, cannot create new causes of action in other courts. 2999 04:14:43,130 --> 04:14:53,050 So, and that's a challenge, you could put this in the municipal court, you could confer to give the hearing of the powers of municipal court, which would then make that remedy of 3000 04:14:53,050 --> 04:14:58,790 of assuming to enforce or holding in contempt more likely to be successful. 3001 04:15:02,160 --> 04:15:11,630 Is there any legal way to keep claims of discrimination private until they're resolved? 3002 04:15:14,780 --> 04:15:17,920 Under the way this is written or something we could change about it? 3003 04:15:21,220 --> 04:15:27,490 Not to my knowledge. There's no way to remove this comes up at 3004 04:15:33,020 --> 04:15:44,500 the whole campaign contribution ethics laws is really sort of a big game of gacha. The value that it is being able to claim that you're opponent is something terrible and he's being investigated by the ethics board. 3005 04:15:45,180 --> 04:15:47,240 This strikes me in a little bit the same way. 3006 04:15:47,960 --> 04:15:55,580 I can go pay my $50 and file a claim and spend a month telling everybody how horrible 3007 04:15:55,580 --> 04:16:01,660 this business or property owner, whoever it is, isn't it, by golly, I've filed a claim 3008 04:16:01,660 --> 04:16:02,040 against it. 3009 04:16:04,030 --> 04:16:09,170 That's true, but it's also true if I sue somebody in superior court, complaints of public 3010 04:16:09,170 --> 04:16:14,630 document and people can do with it what they will, it does not protect the complainant 3011 04:16:14,630 --> 04:16:23,090 from defamation if they have done something in a way that is untruthful like that, though. 3012 04:16:23,470 --> 04:16:28,250 Does the respondent have a claim of some sort against the 3013 04:16:30,880 --> 04:16:31,520 claimant? 3014 04:16:32,700 --> 04:16:37,840 After the fact, they've been found not guilty, it was frivolous, whatever. 3015 04:16:38,240 --> 04:16:41,980 That's been established by the hearing officer or whatever the end of the process is. 3016 04:16:42,400 --> 04:16:46,660 And the original respondent take action against the original claimant. 3017 04:16:48,420 --> 04:16:53,720 I think if the respondent can make a case for defamation that they've been 3018 04:16:53,720 --> 04:16:58,300 defamed by materially false accusations, yes, they could sue the complainant 3019 04:16:58,300 --> 04:17:00,920 in a superior court or not under the ordinance. 3020 04:17:04,300 --> 04:17:10,050 Something even that gives something short of filing a defamation lawsuit, 3021 04:17:10,310 --> 04:17:13,330 we could give that respondent some rights to 3022 04:17:16,080 --> 04:17:19,360 make the claimant pay his expenses 3023 04:17:19,360 --> 04:17:19,820 is something. 3024 04:17:21,560 --> 04:17:22,160 Presumably? 3025 04:17:23,020 --> 04:17:23,620 Yes. 3026 04:17:25,020 --> 04:17:34,720 We could, but Mr. Mayor, I'm sorry, but most laws and court rules do not favor that in 3027 04:17:34,720 --> 04:17:36,660 state courts, only federal courts. 3028 04:17:39,130 --> 04:17:45,150 So I, right, and what I'm saying is, you know, it's a very good thought of courts here, but 3029 04:17:45,910 --> 04:17:47,130 I don't think it's practical. 3030 04:17:49,080 --> 04:17:55,580 So my question is actually also about the kind of penalties language because I know we 3031 04:17:55,580 --> 04:18:03,380 have it framed as a fine, but I do know of a situation where somebody was evicted because 3032 04:18:03,380 --> 04:18:11,560 of their gender identity, not in Tucker, not in Tucker, and so when you're evicted your 3033 04:18:11,560 --> 04:18:13,280 belongings are thrown out, right? 3034 04:18:13,280 --> 04:18:19,960 And so if you are found to be discriminated against by this hearing process, is there 3035 04:18:19,960 --> 04:18:25,080 any situation where there is redress available to if somebody has lost their belongings 3036 04:18:25,080 --> 04:18:30,840 or are we just stopping at the fine of, like, you have to pay the fine and move on? 3037 04:18:33,070 --> 04:18:33,790 That was not brought up. 3038 04:18:37,370 --> 04:18:40,150 Do we have, as a municipality or a hearing officer, 3039 04:18:45,310 --> 04:18:46,530 managed that kind of redress? 3040 04:18:47,630 --> 04:18:55,070 So that's more than the nature of restorative justice, which is really more part of the criminal process. 3041 04:18:56,730 --> 04:19:06,070 Somebody finding themselves in that situation may or may not have a claim against their landlord in a contract state that they could file, either in state court or spirit court. 3042 04:19:06,070 --> 04:19:06,630 have 3043 04:19:13,280 --> 04:19:14,780 a provision that I 3044 04:19:16,900 --> 04:19:24,060 think the answer was no. We were looking for a way to the same vein of can we keep it private until the cases resolved. 3045 04:19:25,200 --> 04:19:42,240 And the complainant lose the privilege or their standing or penalties might ensue if they choose to go out into the public and malign a business that they may have filed a legitimate claim against. 3046 04:19:42,240 --> 04:19:45,440 But before it's resolved, they choose to speak 3047 04:19:47,550 --> 04:19:50,770 ill of a month's social media or whatever the case might be. 3048 04:19:51,690 --> 04:19:54,250 Is there a vision like that? Something we could consider? 3049 04:19:55,030 --> 04:19:55,910 Potentially, yes. 3050 04:19:56,390 --> 04:19:56,570 One 3051 04:20:06,080 --> 04:20:12,500 of the groups that's not protected is people under 40, as to why that is. 3052 04:20:13,740 --> 04:20:18,360 People over 40 are protected under all kinds of age discrimination laws. 3053 04:20:21,040 --> 04:20:29,580 businesses under 15 people that's the threshold in those laws seem to be allowed to discriminate 3054 04:20:29,580 --> 04:20:31,080 against people under 40. 3055 04:20:36,240 --> 04:20:38,620 We were asked that question. I think we discussed it too, but 3056 04:20:38,620 --> 04:20:46,700 that's the federal laws are covering that as well. Not for companies under whatever the number of 3057 04:20:46,700 --> 04:20:51,180 employees threshold is. Yeah. It's a local company. It's a restaurant. It's got 10 employees. 3058 04:20:56,620 --> 04:20:57,140 They're 3059 04:20:57,140 --> 04:21:03,260 that based on age. No. That's discrimination based on age. So that's okay under this 3060 04:21:03,260 --> 04:21:03,480 organ. 3061 04:21:08,730 --> 04:21:12,390 Ted, you're not. I wasn't following the question. 3062 04:21:14,890 --> 04:21:16,530 I'm sorry folks and this may 3063 04:21:16,530 --> 04:21:24,490 help you. That's my so-goal Ted. For companies under 15, aren't there still, or am I incorrect? 3064 04:21:24,710 --> 04:21:31,470 Because it's not my area of law, state remedies that may exist outside of the federal concept. 3065 04:21:33,670 --> 04:21:38,630 I don't know of any in Georgia, I don't know of any state law in Georgia that would protect you. 3066 04:21:39,870 --> 04:21:43,110 I'm looking at, I'm just trying to follow the discussion. 3067 04:21:45,110 --> 04:21:47,970 I mean, age discrimination would have to be against someone over the age of 40. 3068 04:21:48,990 --> 04:21:57,490 But the employer is not in the ordinance, is not really defined as having a certain number of employees. 3069 04:21:57,750 --> 04:22:02,410 So the federal law, that's the same number of 40, but you have to have, I think it's 50 employees 3070 04:22:03,150 --> 04:22:16,930 under the Federal Nature Discrimination Act for the employer to have that many employees read and make a case, so this presumably picks up everybody, every employer who has fewer employees than the federal law was, I think, was the intent of this. 3071 04:22:16,930 --> 04:22:36,290 I just thought there was sexual harassment that if the EEOC doesn't give a right to sue within what is the six months that there are still two-year statutes on state law claims that could be brought if I'm wrong and wrong it's not my area law but I just wanted to maybe shortcut something so I apologize for the interruption everyone. 3072 04:22:36,290 --> 04:22:42,110 That's all right, and I may have had it upside down, so our ordinance says you can't 3073 04:22:42,110 --> 04:22:49,510 discriminate against anybody based on any age and the matter how many people you employ. 3074 04:22:50,490 --> 04:22:58,550 If you have, you can't discriminate against anybody 40 or more years old on the basis of age. 3075 04:23:00,610 --> 04:23:05,510 And presumably the way this is written, because you get sort of referred to the federal 3076 04:23:05,510 --> 04:23:10,530 agency, if you have a federal claims, if your employer has, and I think it's 50, it don't 3077 04:23:10,530 --> 04:23:11,170 hold me to that. 3078 04:23:11,390 --> 04:23:12,230 It's some number like that. 3079 04:23:13,170 --> 04:23:18,150 The hearing officer would presumably send you to go sue in federal law or talk to the agency 3080 04:23:18,150 --> 04:23:19,110 that would hear your complaint. 3081 04:23:20,070 --> 04:23:23,410 This ordinance is aimed at picking up people not picked up by federal law. 3082 04:23:23,770 --> 04:23:28,270 And so if you had fewer than that number of employees than this ordinance would apply and 3083 04:23:28,270 --> 04:23:33,970 complain it could bring a complaint against an employer that fewer than that number of employees if they were 40 or older. 3084 04:23:34,990 --> 04:23:35,930 That's my point. 3085 04:23:38,280 --> 04:23:46,660 So if you're 40 or younger in the city of Tucker, you have no course of action to claim that you've been discriminated against. 3086 04:23:48,600 --> 04:23:52,900 This ordinance defines the age as having obtained 40 years or more. 3087 04:23:54,590 --> 04:23:57,290 That's right. You would not be able to make a case based on age discrimination. 3088 04:23:57,290 --> 04:24:01,650 That was just based on following what the federal guidelines are as well. 3089 04:24:02,150 --> 04:24:06,750 I mean, you could add additional protections in there if you want. 3090 04:24:11,360 --> 04:24:14,920 I don't see a definition for a bona fide seniority system. 3091 04:24:15,000 --> 04:24:16,780 We mentioned that earlier, but I don't know what 3092 04:24:21,550 --> 04:24:22,710 definition for that. 3093 04:24:24,210 --> 04:24:25,230 We can add one. 3094 04:24:30,090 --> 04:24:36,480 How does a business know if there are existing policies meet the requirements? 3095 04:24:37,540 --> 04:24:45,800 How does a business owner know if on discrimination policy affirmative action plan bona fide seniority system? 3096 04:24:46,140 --> 04:24:52,580 How does that business know if they're exempted because they're doing with the ordinance? 3097 04:24:52,680 --> 04:24:52,760 We 3098 04:24:55,730 --> 04:25:01,910 allow them to get counsel from city attorney created a model plan. 3099 04:25:03,870 --> 04:25:06,070 We don't let them get advice from the city attorney. 3100 04:25:06,070 --> 04:25:12,990 that much I know, that would be a violation of my big conflict. I couldn't do that. 3101 04:25:14,450 --> 04:25:19,370 I think, you know, it's a good question. I think you can define these terms that have a better idea. 3102 04:25:20,770 --> 04:25:27,130 I think it was pointed out in this discussion earlier that larger employers didn't have a better understanding of what these kind of seniority systems 3103 04:25:27,130 --> 04:25:32,370 and affirmative action plans that are legal are. We're talking about smaller employers here. 3104 04:25:32,370 --> 04:25:37,230 So I think it might be who has to put a definition as best been discussed. 3105 04:25:41,940 --> 04:25:43,380 Just a couple 3106 04:25:47,420 --> 04:25:48,300 places where 3107 04:25:50,380 --> 04:25:51,280 ordinance uses. 3108 04:25:58,510 --> 04:26:00,350 I'm sorry Frank, I can't hear you anymore. 3109 04:26:00,450 --> 04:26:02,050 Sorry, I pushed my microphone away. 3110 04:26:02,350 --> 04:26:02,830 Is that any better? 3111 04:26:03,250 --> 04:26:04,050 Yes, it's great. 3112 04:26:04,150 --> 04:26:04,830 Thank you. 3113 04:26:06,310 --> 04:26:08,810 So as one example, it's in more than one place. 3114 04:26:08,810 --> 04:26:11,990 But at the very beginning of the first paragraph, purpose and intent, 3115 04:26:13,110 --> 04:26:15,330 opportunity of all persons to be free from discrimination, 3116 04:26:15,330 --> 04:26:21,630 including discrimination based on actual or perceived sex, sexual orientation and so on and so on. 3117 04:26:21,630 --> 04:26:29,810 Is perceived intended to qualify, modify every individual descriptor there? 3118 04:26:30,610 --> 04:26:33,690 Or is it intended to modify, only perceived sex? 3119 04:26:35,170 --> 04:26:38,910 I think it could go for all of them, definitely. 3120 04:26:38,990 --> 04:26:40,130 What was your intention? 3121 04:26:40,590 --> 04:26:44,410 I think for all of them, and I think that was, we had that also in the resolution. 3122 04:26:45,930 --> 04:26:51,310 I think this is like the legal, like this is standard legal language around, like those 3123 04:26:51,310 --> 04:26:56,830 protected classes, but it applies to all of them because it's about national origin. 3124 04:26:57,070 --> 04:27:02,610 I know I saw it in the EU. The perceived religion, perceived marital status, perceived veteran 3125 04:27:02,610 --> 04:27:05,450 or military status, that's what that means. 3126 04:27:18,520 --> 04:27:20,440 I have more questions around that, but I'll have to 3127 04:27:20,440 --> 04:27:25,180 I'll have to frame them up. I think there's lots of room for getting 3128 04:27:27,450 --> 04:27:28,270 around the intent 3129 04:27:28,270 --> 04:27:35,350 of the act based on whether a person actually is of a certain religion or is of a certain 3130 04:27:35,350 --> 04:27:43,390 race. Does the claimant have to actually be that or are we saying the claimant can claim 3131 04:27:44,210 --> 04:27:50,910 that the respondent perceived them as that whether they were or not? So you have a person 3132 04:27:50,910 --> 04:27:57,710 who's not Catholic, but they think the employer perceived them as Catholic and discriminated 3133 04:27:57,710 --> 04:28:00,370 him against him on that basis. Is that what we mean to say? 3134 04:28:05,800 --> 04:28:07,020 Does any of this, is any 3135 04:28:07,020 --> 04:28:15,740 of this ordinance intended to apply to vendors, contractors, suppliers of business or property 3136 04:28:15,740 --> 04:28:20,080 owner? No, employees. Ted and I, we discussed that. 3137 04:28:25,600 --> 04:28:25,600 We 3138 04:28:25,600 --> 04:28:35,990 accommodation, a contractor who's working the festival or serving back up to somebody who's an exhibitor there. 3139 04:28:42,700 --> 04:28:47,180 So I met like a place of public accommodation, whether that includes their agents. 3140 04:28:47,820 --> 04:28:49,240 Yeah, I'm trying to 3141 04:28:53,080 --> 04:28:58,560 consider legitimate cases but I'm also trying to consider people who want to misuse this ordinance. 3142 04:28:59,320 --> 04:29:05,680 And so I'm thinking of all the evil things that I've seen people do and attempt to do. 3143 04:29:06,240 --> 04:29:11,320 I mean, I think the same way that employer includes agents of the employer, arguably 3144 04:29:11,320 --> 04:29:16,440 if you're a place of public accommodation, and you have employees that are engaging 3145 04:29:16,440 --> 04:29:22,300 in discriminatory behavior that law would typically hold you responsible for that, so I think 3146 04:29:22,300 --> 04:29:26,380 that that would not prohibit someone from bringing a complaint out of the ordinance. 3147 04:29:27,000 --> 04:29:31,760 Were you thinking more along the lines like you've got a vendor, you're hosting the festival 3148 04:29:31,760 --> 04:29:34,060 and you have a vendor there, were you thinking more along that line? 3149 04:29:34,060 --> 04:29:37,720 Well, yeah, but there's also all kinds of contractors in businesses. 3150 04:29:38,180 --> 04:29:42,660 You know, somebody sits in this business doing graphic design, 3151 04:29:43,900 --> 04:29:45,720 but they're a contractor to that business. 3152 04:29:45,740 --> 04:29:46,940 They're not employed by them. 3153 04:29:47,100 --> 04:29:51,760 Are we trying to capture all of that or if we're not, 3154 04:29:52,000 --> 04:29:55,980 is there the potential that it would be an unintended consequence? 3155 04:29:57,900 --> 04:29:59,840 I would submit that I... 3156 04:30:00,180 --> 04:30:23,480 That would be captured under the agency laws of Georgia, whereas the general contractor, so to speak, would control the time method a manner of a subcontractor, so to speak, such that it would blow back on the contractor where they're discriminatory practices. That's my leave of opinion, not as a council. 3157 04:30:28,660 --> 04:30:32,600 I'll use an example, but there's lots of possibilities. 3158 04:30:32,600 --> 04:30:44,860 I know of a black-owned business and Tucker who maintains an internship program that's specifically aimed at young black college students. 3159 04:30:47,530 --> 04:30:55,850 Could that be continued under this ordinance or would someone have a claim to say I'm not black and I can't even get considered? 3160 04:30:55,850 --> 04:30:56,610 I 3161 04:30:59,590 --> 04:31:00,950 think that's potential grounds for complaint. 3162 04:31:01,870 --> 04:31:06,370 The way I read the ordinance, it applies to discrimination based on race. 3163 04:31:06,750 --> 04:31:08,950 It does not specify which race. 3164 04:31:10,490 --> 04:31:18,750 Would that be, so we know that that happens all the time in the real world, maybe under companies 3165 04:31:18,750 --> 04:31:26,810 that also, or this isn't even on the bookshelf, but federal law, so how does that happen? 3166 04:31:27,510 --> 04:31:29,650 I'm just curious, I think it's a good point, right? 3167 04:31:30,630 --> 04:31:38,830 So a larger company covered under federal law sometimes does have internships for certain 3168 04:31:38,830 --> 04:31:39,130 people. 3169 04:31:40,370 --> 04:31:43,370 So why would that be different than this? 3170 04:31:44,630 --> 04:31:48,890 Just for an educational, and I'm not putting you on the spot, we could come back to it. 3171 04:31:49,570 --> 04:31:50,750 We could come back to it. 3172 04:31:51,950 --> 04:31:57,510 Yes, in a way, I can imagine that that would meet muster is if you had some kind of bonaflata 3173 04:31:57,510 --> 04:32:03,430 from revaction plan, otherwise race discrimination is race discrimination regardless of the color 3174 04:32:03,430 --> 04:32:05,010 of the person who is discriminated against. 3175 04:32:05,350 --> 04:32:07,310 It is an internship non-employment. 3176 04:32:08,510 --> 04:32:14,150 So, if the internship has any kind of property interest, which even a stipend or, you know, 3177 04:32:14,790 --> 04:32:19,550 use of a car, food, you know, I think the question I have is where that butts up against like 3178 04:32:19,550 --> 04:32:28,390 we were talking about that there are exceptions for organizations that have specific, like 3179 04:32:28,390 --> 04:32:33,550 it's okay to lay out particular requirements, right, so it's okay to say you're only serving 3180 04:32:33,550 --> 04:32:39,170 seniors, like this doesn't preclude that, so I do wonder where those two things, um, 3181 04:32:41,580 --> 04:32:50,300 butt up, and I still think that it would be if they may have an internship like that, but 3182 04:32:50,300 --> 04:32:54,940 But if someone who doesn't fall in, it isn't black applies and they give it, they might 3183 04:32:54,940 --> 04:32:55,580 give it to them, right? 3184 04:32:55,960 --> 04:33:00,300 So it really comes down to, what is your actual practice, and then what's the behavior 3185 04:33:00,900 --> 04:33:04,480 in denying somebody's service, so denying them employment, denying them housing. 3186 04:33:05,020 --> 04:33:08,640 Are you doing it from that perspective and saying, 3187 04:33:12,350 --> 04:33:13,870 I think it's part of the whole mediation 3188 04:33:13,870 --> 04:33:19,130 and hearing process, is to figure, you know, that out more fully. 3189 04:33:19,790 --> 04:33:24,970 Well, it's the basis of a complaint, and then you do get into the process and the 3190 04:33:24,970 --> 04:33:29,330 complaint bears the burden by the ponderance to make their case. 3191 04:33:30,290 --> 04:33:34,870 I mean, I don't see any of the exceptions that address race. 3192 04:33:35,150 --> 04:33:36,410 So the question was race. 3193 04:33:36,810 --> 04:33:41,930 It talks about single sex designated areas, but race discrimination is race discrimination. 3194 04:33:41,930 --> 04:33:49,290 So whether it's a hearing officer or a judge or whatever the process is got to be bound by law 3195 04:33:49,290 --> 04:33:51,650 I mean we have to have told that 3196 04:33:52,350 --> 04:33:56,710 First and here's the basis on which you make these decisions. They can't just decide well 3197 04:33:56,710 --> 04:33:59,670 They had good intentions here, or they're doing a good thing 3198 04:34:00,310 --> 04:34:01,190 we have 3199 04:34:02,390 --> 04:34:03,510 pretty sizable 3200 04:34:04,250 --> 04:34:10,750 Organization in town that serves the disabled community and hires a lot of disabled people 3201 04:34:11,930 --> 04:34:20,670 I hate to think that they would face claims from able people saying, hey I applied for a job. 3202 04:34:21,790 --> 04:34:26,070 They told me we only, anyway, that there's lots of permutations of that. 3203 04:34:27,010 --> 04:34:31,050 Who be women, who be any of the classes that we're talking about. 3204 04:34:31,850 --> 04:34:32,890 We'll check on that. 3205 04:34:33,130 --> 04:34:40,930 I do have to say, however, I think that from the philanthropic perspective and the nonprofit major organizations, 3206 04:34:40,930 --> 04:34:44,870 organizations, they have their own missions and values, and 3207 04:34:45,510 --> 04:34:49,270 for to share your responsibilities and almost all of that is spelled out. 3208 04:34:49,650 --> 04:34:54,890 Under that, the way they work is business, entities, and 3209 04:34:54,890 --> 04:34:56,250 non-profit scenario. 3210 04:34:56,650 --> 04:35:02,010 And the people who donate the money is also regulated and 3211 04:35:02,010 --> 04:35:05,130 directed sometimes by that philanthropist. 3212 04:35:05,230 --> 04:35:07,550 So I think we just have to kind of look into all of that. 3213 04:35:07,650 --> 04:35:09,130 It's a good scenario to talk through. 3214 04:35:09,130 --> 04:35:17,790 Wow, can it, can a philanthropist give money to an organization and instruct them to use it in a discriminatory way? 3215 04:35:24,200 --> 04:35:29,000 Well, I mean, and again, if the organization is big enough, it's not our problem. 3216 04:35:29,800 --> 04:35:33,040 Our hearing officers are going to tell them, go see the state, go see the federal government. 3217 04:35:33,700 --> 04:35:35,600 If it's small enough, 3218 04:35:37,660 --> 04:35:42,400 our hearing officers got to hear it and got to decide on whatever our ordinance says. 3219 04:35:42,400 --> 04:35:45,120 Yeah, you can't do that. I'm in Tucker. 3220 04:35:48,790 --> 04:35:52,330 So an establishment, I guess what we're 3221 04:35:52,330 --> 04:35:59,870 calling a place of public accommodation, a bar, a salon, some place like that, can 3222 04:35:59,870 --> 04:36:03,050 they market themselves as aimed at, 3223 04:36:05,860 --> 04:36:07,580 I'm going to say, protected class, although I 3224 04:36:07,580 --> 04:36:12,420 think we're trying to not say protected class, that they serve or they desire to 3225 04:36:12,420 --> 04:36:18,540 are particular race, or gender, or age, or whatever, is that okay? 3226 04:36:20,100 --> 04:36:21,980 Kind of goes to the question I asked earlier. 3227 04:36:25,320 --> 04:36:31,160 If they make it clear that they exist for some group that ain't me, and they discriminate 3228 04:36:31,160 --> 04:36:35,540 against me, I think they can market themselves. 3229 04:36:37,720 --> 04:36:46,480 Once they actually exercise discrimination, I think the ordinance will grant the discriminating 3230 04:36:46,480 --> 04:36:48,900 individual a billy to submit a complaint. 3231 04:36:51,530 --> 04:36:53,370 The marketing might be part of their case 3232 04:36:53,370 --> 04:36:53,890 they try to make. 3233 04:36:57,920 --> 04:37:03,720 Cold weather shelter operated by a non-religious organization. Be required 3234 04:37:03,720 --> 04:37:11,680 to for example allow men in the women's side or all the various permutations of 3235 04:37:11,680 --> 04:37:13,680 that if 3236 04:37:15,830 --> 04:37:23,260 they're not a religious organization is defined here they fall under they 3237 04:37:23,260 --> 04:37:26,660 can't discriminate. I think that probably falls under number ten. 3238 04:37:29,880 --> 04:37:30,740 Subtions? Yes 3239 04:37:30,740 --> 04:37:31,000 sir. 3240 04:37:37,300 --> 04:37:40,660 We talked about this with in particular do a women's shelter. 3241 04:37:54,070 --> 04:37:54,750 That's what 3242 04:37:54,750 --> 04:38:04,290 be required or could they pay for accommodations for certain groups somewhere else? I can't stay 3243 04:38:04,290 --> 04:38:06,230 here but we'll pay for you to stay over there. 3244 04:38:08,580 --> 04:38:09,220 Yep I think so. 3245 04:38:17,020 --> 04:38:18,760 Break up a quick question before 3246 04:38:18,760 --> 04:38:27,060 we move away from this. Sorry go ahead. Is there a way that we can just add into a nice little bundle of 3247 04:38:27,060 --> 04:38:33,380 what we consider discrimination instead of trying to find every loophole that anybody 3248 04:38:33,380 --> 04:38:36,940 could ever find anywhere because we could do this for hours. I mean, I could do this 3249 04:38:36,940 --> 04:38:42,360 for hours. We could find all kinds of things. But would it be easier just to write like this 3250 04:38:42,360 --> 04:38:49,460 is what this ordinance covers in discrimination? So that way, if somebody comes to the 3251 04:38:49,460 --> 04:38:53,980 city and says, I think I've been discriminated against and then the person can look and say, 3252 04:38:54,400 --> 04:39:01,780 Falls within this category. Yeah, you know, I think you are and if it falls with out of that say it's outside of that category, so no 3253 04:39:03,180 --> 04:39:03,580 Well 3254 04:39:04,660 --> 04:39:09,280 You'll spend with mom pretty any that that's how I read section 30-303 3255 04:39:10,240 --> 04:39:12,140 I think that's what that's trying to do 3256 04:39:15,480 --> 04:39:20,600 I don't have that on my phone, so it's very small. Can you read that to us please? 3257 04:39:22,220 --> 04:39:23,400 It's a lengthy paragraph 3258 04:39:25,580 --> 04:39:32,160 It's a section that declares these things to be civil rights and it says if you're actually 3259 04:39:32,160 --> 04:39:38,220 or perceived to be in one of all these categories that you have the right to hold employment 3260 04:39:38,710 --> 04:39:42,060 and full enjoyment of public accommodations, property transactions. 3261 04:39:43,200 --> 04:39:48,340 The last one is a bit of an oddity to me but the right to participate as a witness, 3262 04:39:48,660 --> 04:39:53,900 testify and exercise any right granted here without suffering coercion or retaliation. 3263 04:39:53,900 --> 04:39:54,620 So 3264 04:40:00,820 --> 04:40:03,840 does that limit the other things that you were questioning, 3265 04:40:05,980 --> 04:40:06,880 Mr. Mayor? 3266 04:40:09,140 --> 04:40:11,040 Well, I mean, that's the problem, right? 3267 04:40:11,100 --> 04:40:12,460 We'd love for it to all be simple. 3268 04:40:12,840 --> 04:40:17,040 We'd love for it to just say, everybody behave, do the right thing. 3269 04:40:17,640 --> 04:40:20,040 And if you're not, we're going to punt you. 3270 04:40:21,540 --> 04:40:23,180 I think we 3271 04:40:25,200 --> 04:40:29,340 hope society would do that, you know, in an informal way. 3272 04:40:29,480 --> 04:40:31,940 Then we would all gather around and say, we're not putting up with that. 3273 04:40:31,940 --> 04:40:38,820 But we're not going to patronize your business, we're not going to allow that to go on in 3274 04:40:38,820 --> 04:40:39,240 our midst. 3275 04:40:39,580 --> 04:40:43,560 We're going to turn out in protest, we're going to turn our backs on you. 3276 04:40:43,760 --> 04:40:49,740 But this is law, and when somebody has a claim and wants to avail themselves of law, 3277 04:40:50,000 --> 04:40:55,220 the law needs to be clear and specific and cover all these eventualities, that's what makes 3278 04:40:55,220 --> 04:40:55,600 it hard. 3279 04:40:55,600 --> 04:40:56,620 So, 3280 04:41:00,270 --> 04:41:06,230 our, this ordinance excludes government organizations, which means it excludes the public 3281 04:41:06,230 --> 04:41:06,730 schools. 3282 04:41:06,730 --> 04:41:07,270 Is that right? 3283 04:41:09,910 --> 04:41:12,210 Noticab school system, no public schools. 3284 04:41:12,750 --> 04:41:14,070 What about private schools? 3285 04:41:15,270 --> 04:41:16,250 It covers private schools? 3286 04:41:19,240 --> 04:41:19,820 Potentially. 3287 04:41:25,680 --> 04:41:28,260 Unreligious private schools will be subject to all these 3288 04:41:31,140 --> 04:41:33,040 requirements, which will actually 3289 04:41:33,040 --> 04:41:33,580 better work. 3290 04:41:34,100 --> 04:41:38,180 As would non-religious daycare. 3291 04:41:44,840 --> 04:41:51,880 Yes, except that with respect to the non religious private schools, they're probably all going to be large enough to fall 3292 04:41:51,880 --> 04:42:00,380 under the ambit of federal and to discrimination law. Small daycare might not be large enough, but it would be because not religious, yes, it will be. 3293 04:42:00,380 --> 04:42:03,160 When we had to start at private schools in 3294 04:42:03,820 --> 04:42:06,640 smoke rise, and elsewhere, we have them right now. 3295 04:42:07,620 --> 04:42:11,060 I think most of the car ones are religious affiliated 3296 04:42:11,060 --> 04:42:13,320 although I'm sure they would want to be sure 3297 04:42:13,320 --> 04:42:15,120 they were not caught up in this. 3298 04:42:15,800 --> 04:42:19,420 But we had just lately, we went out of our way 3299 04:42:19,420 --> 04:42:25,120 to change our code to allow a non-religious daycare to 3300 04:42:25,120 --> 04:42:28,080 to locate in a church, 3301 04:42:30,240 --> 04:42:33,460 sort of, you know, be the daycare for that church, although there 3302 04:42:33,460 --> 04:42:38,100 is separate entity, and it was a big hubbub. We had to change our code to enable it and 3303 04:42:38,100 --> 04:42:47,000 allow it, and we defined sizes and everything else, but that daycare is a private, non-religious 3304 04:42:48,660 --> 04:42:54,880 business, and would be subject to all of this. So they could be one of the ones that we 3305 04:42:54,880 --> 04:42:58,800 read about in the paper who's teaching or not teaching certain things in certain ways 3306 04:42:58,800 --> 04:43:07,260 or inviting certain curricula, all those kinds of things, that little in-person operation 3307 04:43:09,500 --> 04:43:10,430 comes under all this. 3308 04:43:17,280 --> 04:43:20,880 Believe it or not, I'm near the end. What would this law have 3309 04:43:20,880 --> 04:43:26,720 an effect on gender-specific sports leagues in Tucker's Parks and Rec Department and what 3310 04:43:26,720 --> 04:43:35,680 about leagues we lease to like Tysa and TFL. So are we going to face conversations about 3311 04:43:37,790 --> 04:43:44,670 biological males participating on girls teams or girls leagues either that we run or that 3312 04:43:47,230 --> 04:43:48,330 affiliates? 3313 04:43:56,220 --> 04:43:58,620 Well the say itself is exempt except that 3314 04:43:58,620 --> 04:44:01,740 it professes not to exercise type of discrimination. 3315 04:44:04,800 --> 04:44:07,140 This would have to fall under, you know, 3316 04:44:07,140 --> 04:44:09,180 number two under section three of three, 3317 04:44:09,540 --> 04:44:11,800 relating to full enjoyment of facilities 3318 04:44:11,800 --> 04:44:12,940 or public accommodations. 3319 04:44:14,340 --> 04:44:18,370 So, I mean, if a private league, 3320 04:44:20,530 --> 04:44:23,430 arguably exercised 3321 04:44:24,530 --> 04:44:25,610 gender discrimination, 3322 04:44:26,250 --> 04:44:27,830 it would be basis of a complaint. 3323 04:44:40,380 --> 04:44:42,800 While quit there, I mean, I think it's clear 3324 04:44:43,200 --> 04:44:46,920 there's a lot of detail that is in here 3325 04:44:46,920 --> 04:44:52,320 that may or may not be our intention or intention 3326 04:44:52,760 --> 04:44:59,100 Mitty's intention or what I have yet my point has been just to point out as many of those areas as I could 3327 04:45:00,000 --> 04:45:21,450 Get from a first reading of the current version. So that's what work sessions for. I think the committee probably has some more work to do. And as much as we appreciate the work that's been done, there's more to do invite you to keep at it. Try to address all these things. Well, 3328 04:45:25,810 --> 04:45:35,150 we appreciate that. Appreciate the discussion. I don't think we'll be able to address every single item that anybody ever comes up with because I'm not sure if every law does. 3329 04:45:35,150 --> 04:45:39,750 but we'll look into some of those there and we'll coordinate Ted if you don't mind back 3330 04:45:39,750 --> 04:45:41,570 with you as we do that work. 3331 04:45:42,050 --> 04:45:49,490 We'll say for anybody who's still online or anybody else, it's not that this was drafted 3332 04:45:49,490 --> 04:45:55,930 without looking at others, right, so other state laws, so those questions are everywhere 3333 04:45:55,930 --> 04:45:56,850 not just in Tucker. 3334 04:45:57,050 --> 04:45:58,450 I'm not saying that they're right or wrong. 3335 04:45:58,870 --> 04:46:00,650 I just want the public to understand. 3336 04:46:00,650 --> 04:46:10,730 And this wasn't a fresh, it's never been looked at by others' opportunity or intention. 3337 04:46:11,590 --> 04:46:17,790 We looked at other laws as well, and I'm sure those discussions have been had so we 3338 04:46:17,790 --> 04:46:19,290 can follow up with those folks too. 3339 04:46:19,670 --> 04:46:24,950 I mean, that's a big part of what's behind all these questions is their experience and 3340 04:46:24,950 --> 04:46:25,510 track record. 3341 04:46:25,510 --> 04:46:30,690 have people filed claims like the ones we've talked about, if they've been successful, do 3342 04:46:30,690 --> 04:46:41,160 they not exist? Have cities been sued over an ordinance that led to an outcome that was 3343 04:46:41,160 --> 04:46:49,760 unintended and the ordinance winds up in court and we wind up right and over. I can't overstate it. 3344 04:46:49,860 --> 04:46:57,610 I do think it's our duty to examine these kinds of things. They're not frivolous and made 3345 04:46:57,610 --> 04:47:03,210 up never going to happen kind of things. These are really reading about them in the paper regularly. 3346 04:47:05,080 --> 04:47:09,080 Maybe a different size company, maybe a different state, maybe a federal law versus something 3347 04:47:09,080 --> 04:47:10,900 local, but I 3348 04:47:13,680 --> 04:47:19,780 can't say it enough. We're creating law. We're affecting livelihoods. We are talking about 3349 04:47:19,780 --> 04:47:26,880 putting somebody out of business, either through our own ordinance or through the external ramifications. 3350 04:47:27,680 --> 04:47:29,460 And I think we have to take it really seriously. 3351 04:47:30,240 --> 04:47:32,880 That's why I keep saying, I get it. 3352 04:47:33,040 --> 04:47:33,900 I get the intent. 3353 04:47:34,480 --> 04:47:38,440 And I wish the whole world could just come together, you know, and be as one. 3354 04:47:40,080 --> 04:47:43,960 But we're saying in effect, we've given up on the world. 3355 04:47:44,080 --> 04:47:45,660 We don't trust the world to do that. 3356 04:47:46,000 --> 04:47:47,560 We don't trust our community to do that. 3357 04:47:47,900 --> 04:47:53,080 And so we're going to pass a law with teeth to punish people and insist on corrective action. 3358 04:47:53,580 --> 04:47:54,760 That's what it ends up being. 3359 04:47:54,760 --> 04:47:59,680 And that's what happens in a court or a hearing officer or in the appeals process, all 3360 04:47:59,680 --> 04:48:00,200 those things. 3361 04:48:00,520 --> 04:48:03,620 So, maybe I'm the only one, but I think it matters a lot. 3362 04:48:07,930 --> 04:48:08,270 Oh, quit. 3363 04:48:08,850 --> 04:48:10,110 I don't think they've given up on the world. 3364 04:48:10,110 --> 04:48:10,650 Close your comments. 3365 04:48:11,390 --> 04:48:11,850 At all. 3366 04:48:12,410 --> 04:48:15,970 And we have other ordinances that might make us look like we've given up on the world as well, 3367 04:48:16,110 --> 04:48:17,730 but we haven't. 3368 04:48:18,330 --> 04:48:20,730 So, I appreciate everybody's time this evening. 3369 04:48:20,730 --> 04:48:23,410 I appreciate the committee that was here. 3370 04:48:23,950 --> 04:48:26,630 I appreciate everybody who's left in the room. 3371 04:48:27,450 --> 04:48:32,090 And of course, yes, we've got a little bit more work to do on this as well, and I appreciate 3372 04:48:32,090 --> 04:48:32,790 what you brought up. 3373 04:48:32,790 --> 04:48:33,090 I'm sorry. 3374 04:48:33,250 --> 04:48:33,970 I said I was going to quit. 3375 04:48:34,130 --> 04:48:34,450 One more thing. 3376 04:48:34,910 --> 04:48:37,930 I'm not just asking questions for the sake of throwing up roadblocks. 3377 04:48:39,610 --> 04:48:45,470 There will be a point when I'll bring a whole list of refinements, amendments, suggestions 3378 04:48:45,470 --> 04:48:46,810 for things to do instead. 3379 04:48:47,570 --> 04:48:52,030 Then I just to discuss Y'all's proposal and that's what I've tried to do. 3380 04:48:52,030 --> 04:48:56,230 And then I would ask, could I get a copy of your questions, in case my notes weren't that great? 3381 04:48:57,390 --> 04:49:03,810 Yeah, but happily we recorded the whole thing too, because I intended to take a lot of notes and I also didn't do that. 3382 04:49:04,010 --> 04:49:04,430 Thank you. 3383 04:49:06,700 --> 04:49:09,140 Any final words up there? I'm looking at you guys online. 3384 04:49:12,540 --> 04:49:14,440 With that objection, I'm going to adjourn us. 3385 04:49:18,220 --> 04:49:18,600 Thank you all.