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Home My WebLink About3/15/2017 - STAFF REPORTS - 3.A. a�*pALM$ py iy c V N r R M1Orrou.eo`.S , °q<,FORN�P CITY COUNCIL STAFF REPORT DATE: MARCH 15, 2017 LEGISLATIVE SUBJECT: INTRODUCTION OF ORDINANCE ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF DISCRIMINATION IN THE CITY FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY This proposed Ordinance ratifies and reaffirms existing non-discrimination policies, practices, and procedures of the City and consolidates such policies in Chapter 2.04 of the Palm Springs Municipal Code. RECOMMENDATION: Waive the reading of the text and introduce for first reading Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF DISCRIMINATION IN THE CITY." STAFF ANALYSIS: At the City Council meeting of February 1 , 2017, Councilmember Kors requested preparation of an ordinance that would essentially consolidate and codify existing non- discriminatory policies, practices, and procedures in an ordinance of the City. The proposed Ordinance ratifies and reaffirms existing non-discrimination policies, practices, and procedures of the City. The Ordinance codifies these practices in Chapter 2.04 of the Palm Springs Municipal Code, and includes the general requirement that City officials and employees will treat others employees equally and fairly and will not engage in discrimination against anyone because of their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. The proposed Ordinance also includes an express prohibition on the City requiring individuals to provide information regarding their actual or perceived race, color, ITEM N0. I Ot City Council Staff Report December 7, 2016 -- Page 2 Case 5.1218-E— Medical Cannabis Issues religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class unless otherwise authorized under Federal of State Law. The proposed Ordinance also includes an express prohibition on the City profiling individuals based on their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. The Ordinance also provides a definition of "national origin" as used in various provisions of the Code. Douglas Holland David Ready, PhD., Esq. yy City Attorney City Manager Attachment: Draft Ordinance 02 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF DISCRIMINATION IN THE CITY. City Attorney's Summary This Ordinance essentially ratifies and reaffirms existing non- discrimination policies, practices, and procedures of the City. A separate provision of this Ordinance codifies these practices in Chapter 2.04 of the Palm Springs Municipal Code, and includes the general requirement that City officials and employees will treat others employees equally and fairly and will not engage in discrimination against anyone because of their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. This Ordinance also includes an express prohibition on the City requiring individuals to provide information regarding their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class unless otherwise authorized under Federal of State Law. This Ordinance also includes an express prohibition on the City profiling individuals based on their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. The Ordinance also provides a definition of"national origin"as used in various provisions of the Code. The City Council of the City of Palm Springs ordains: SECTION 1. Section 2.04.100 is added to the Palm Springs Municipal Code to read: 2.04.100 Policy Against Discrimination (a) It is the policy of the City Council that all persons in the City have the right and the opportunity to be free from all forms of discrimination as defined in Chapters 2.45 and 7.01 of this Code. (b) City officials, employees, and contractors shall not discriminate against other officials, employees, contractors, and the general public or engage in discrimination because of actual or perceived race, color, religion, ancestry, national origin, disability, 03 Ordinance No. Page 2 medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. (c) The City and its employees, officials, agents, and contractors shall not require any individual to provide information regarding his or her actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class unless otherwise authorized under Federal or State Law. (d) The City and its employees, officials, and agents shall not profile individuals based on their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. SECTION 2. Section 2.45.005 of the Palm Springs Municipal Code is amended to read: 2.45.005 Public Policy It is declared as the public policy of the City that it is necessary and appropriate to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination as that term is defined in this Chapter. SECTION 3. Section 2.45.010 of the Palm Springs Municipal Code is amended by adding the following definition: "National Origin" shall mean place of origin, immigration status, cultural or linguistic characteristics, or ethnicity. SECTION 4. Section 7.010.040 of the Palm Springs Municipal Code is amended by adding the following definition: "National Origin" shall mean place of origin, immigration status, cultural or linguistic characteristics, or ethnicity. SECTION 5. The City Council finds and declares the existing laws, policy, and practices of the City generally requires City officials and employees to treat each other and the general public equally, fairly, and with respect in the conduct of the City's business. The City Council specifically finds that this Ordinance reaffirms and ratifies the existing laws, policy, and practices of the City and does not contain or impose any new requirements. SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be 04 Ordinance No. Page 3 published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS _ DAY OF 2017. ROBERT MOON, MAYOR ATTEST: KATHIE HART, INTERIM CITY CLERK 05 CITY OF PALM SPRINGS PUBLIC NOTIFICATION Date: April 17, 2017 Subject: Ordinance 1920 AFFIDAVIT OF PUBLICATION I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice was published in the Desert Sun on April 14, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. Cynthia A. erardi, CMC Interim Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk on or before April 13, 2017. I declare under pepglty of perjury that the foregoing is true and correct. Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 RECEIVED 760-778-4578/Fax 760-778-4731 CITY OF PALM SPRINGLz- State Of California as: 2017 APR 24 PM 3: 13 County of Riverside OFFICE OF THE CITY CLEF:!: Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0002067957 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper(set in type not smaller than non pariel)in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper:The Desert Sun 4/14/2017 NO 0531: ORDINANCE NO.1920 - - AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA,ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005. 2.45.010, AND.SECTION 7.010.040 OF,THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY'S I acknowledge that I am a principal Clerk of the PROHIBITION OF DBCRIMINATION IN THE.CITY. - city s and ea Summary printer of The Desert Sun, printed and This Ordinanm essentially 7atity and reaffirms existing non-discrimination poli- published weekly in the City of Palm Springs, cies,practices, and procedures of the City. A separate provision of this Ordi- nance codifies these practices in Chapter 2.04 of the Palm:Springs Municipal ,County of Riverside, State of California.The Code,.and includes the general requirement that City officials and employees will treat others employees:equally and fairly and will not engage In discrimina- Desert Sun was adjudicated a Newspaper of tion against anyone because of their actual,or perceived race,color, religion, ancestry, national origin,disability, medical condition, marital status,domestic general circulation on March 24, 1988 by the partner status,sex,gender,gender identity;gender expression,or sexual orien- tation or as a member of any other protected class This Ordinance also in- Superior Court of the County of Riverside, cludes an express prohibition on the City requiring individuals to Provide infor- I motion regarding their actual or perceived race, color, religign, ancestry, State of California Case No. 191236. national origin, disability,medical condition, marital status, domestic partner , status,sex,gender,gender identity,gender expression, or sexual orientation or as a member of any other protected class unless otherwise authorized under Federal of.State Law. This Ordinance also includes an express prohibition on .i the City profiling individuals based.on their actual or perceived race,color,reli- gion,ancestry, national origin,;disability, medical condition, marital status,do- mestic partner status,sex,gender,gender identity,gender expression,or sexual 1 orientation or as a member of any other protected.class..The Ordinance also I declare under penalty of perjury that the provides a definition of"national origin' as used in various provisions of the - Code. - foregoing IS true and -rrect. Executed On CERTIFICATION STATE OF CALIFORNIA ) this 14th dayo L, 2017 in Palm CITY OF PALM SPRING ) ss CITY OF PALM SPRINGS) Springs, Calif nla, I KATHLEEN D.HART Interim City Clerk of the City of Palm Springs,hereby cer- tify that Ordinance No 1920 is a full,true and correct copy,and was introduced at regular meeting of.the Palm Springs..City Council on the 15TH day of March, 2017,and adopted at a regular meeting of the City Council held on the 5th day of April,2017,by the following vote: - AYES: '.Councilmembers Kom,Mills,Roberts,Mayor Pro Tem Foat,and Mayor Moon - NOES: None ABSENT: None - ABSTAIN: None RECUSED:.`None KATHLEEN D.HART,MMC ar INTERIM CITY,CLERK 4Published;4/14/2017 i ORDINANCE NO. 1920 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF DISCRIMINATION IN THE CITY. City Attorney's Summary This Ordinance essentially ratifies and reaffirms existing non-discrimination policies, practices, and procedures of the City. A separate provision of this Ordinance codifies these practices in Chapter 2.04 of the Palm Springs Municipal Code, and includes the general requirement that City officials and employees will treat others employees equally and fairly and will not engage in discrimination against anyone because of their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. This Ordinance also includes an express prohibition on the City requiring individuals to provide information regarding their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class unless otherwise authorized under Federal of State Law. This Ordinance also includes an express prohibition on the City profiling individuals based on their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. The Ordinance also provides a definition of "national origin"as used in various provisions of the Code. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1920 is a full, true and correct coP�I and was introduced at a regular meeting of the Palm Springs City Council on the 15 day of March, 2017, and adopted at a regular meeting of the City Council held on the 5th day of April, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None L4�� KATHLEEN D. HART, MMC INTERIM CITY CLERK ORDINANCE NO. 1920 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF DISCRIMINATION IN THE CITY. City Attorney's Summary This Ordinance essentially ratifies and reaffirms existing non- discrimination policies, practices, and procedures of the City. A separate provision of this Ordinance codifies these practices in Chapter 2.04 of the Palm Springs Municipal Code, and includes the general requirement that City officials and employees will treat others employees equally and fairly and will not engage in discrimination against anyone because of their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. This Ordinance also includes an express prohibition on the City requiring individuals to provide information regarding their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class unless otherwise authorized under Federal of State Law. This Ordinance also includes an express prohibition on the City profiling individuals based on their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. The Ordinance also provides a definition of"national origin"as used in various provisions of the Code. The City Council of the City of Palm Springs ordains: SECTION 1. Section 2.04.100 is added to the Palm Springs Municipal Code to read: 2.04.100 Policy Against Discrimination (a) It is the policy of the City Council that all persons in the City have the right and the opportunity to be free from all forms of discrimination as defined in Chapters 2.45 and 7.01 of this Code. (b) City officials, employees, and contractors shall not discriminate against other officials, employees, contractors, and the general public or engage in discrimination Ordinance No. 1920 Page 2 because of actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. (c) The City and its employees, officials, agents, and contractors shall not require any individual to provide information regarding his or her actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class unless otherwise authorized under Federal or State Law. (d) The City and its employees, officials, and agents shall not profile individuals based on their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. SECTION 2. Section 2.45.005 of the Palm Springs Municipal Code is amended to read: 2.45.005 Public Policy It is declared as the public policy of the City that it is necessary and appropriate to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination as that term is defined in this Chapter. SECTION 3. Section 2.45.010 of the Palm Springs Municipal Code is amended by adding the following definition: "National Origin" shall mean place of origin, immigration status, cultural or linguistic characteristics, or ethnicity. SECTION 4. Section 7.010.040 of the Palm Springs Municipal Code is amended by adding the following definition: "National Origin" shall mean place of origin, immigration status, cultural or linguistic characteristics, or ethnicity. SECTION 5. The City Council finds and declares the existing laws, policy, and practices of the City generally requires City officials and employees to treat each other and the general public equally, fairly, and with respect in the conduct of the City's business. The City Council specifically finds that this Ordinance reaffirms and ratifies the existing laws, policy, and practices of the City and does not contain or impose any new requirements. SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. Ordinance No. 1920 Page 3 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 5T" DAY OF APRIL, 2017. ROBERT MOON, MAYOR ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1920 is a full, true and correct coWI and was introduced at a regular meeting of the Palm Springs City Council on the 15 day of March, 2017, and adopted at a regular meeting of the City Council held on the 5th day of April, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None KATHLEEN D. HART, MMC INTERIM CITY CLERK CITY OF PALM SPRINGS PUBLIC NOTIFICATION ,pLM e O• P Lnpere Date: April 20, 2017 Subject: Ordinance 1920 AFFIDAVIT OF PUBLICATION I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice was published in the Desert Sun on April 19, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. Z-d Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk on or before April 17, 2017. I declare under pen Ity of erjury that the foregoing is true and correct. Cynthi . Berardi, CMC Interim Chief Deputy City Clerk The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 R E C E I V E D I. F P" _F S Pi760-778-45781 Fax 760-778-4731 State Of California ss: 2017 APR 24 PM 3: 13 County of Riverside u F F i C E U' T E +;.'I I'i Ci_'E'i' '. Advertiser: CITY OF PALM SPRINGSILEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0002076638 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper(set in type not smaller than non pariel)in each and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: Newspaper:The Desert Sun 4/19/2017 NO OSSB: ORTN/U1M NO.IWO PRI16�.CAUPORM AN 0210M TNr ZA&M. 145.®79. AND T=A Mfa�,CE q owl NAFF101M IG THE I acknowledge that I am a principal clerk of the printer of The Desert Sun, printed and "W. aaa�y. �o��ucrkna�.Es,e published weekly in the City of Palm Springs, cniie*prrookoKea ,l�' of Me,�'2,�;fair�varm Countyof Riverside, State of California.The dance ON" tna f1 r� "" dut cnxy aN a oY+� refffion Desert Sun was adjudicated a Newspaper of dot In dkffk*,&- N n� y i equally ��°fdPintelmd dansek dlabiNty, conditrn general circulation on March 24, 1988 by the 9aadarWkkntft�"d°raim W Superior Court of the County of Riverside, �' 'i a ar a ng'n�'o�'"'fF ;a mach of a parcoved ran, cola, State of California Case No. 191236. medical condsion, marital st" f ' idaMfeas d cha U"(" _ facmd daa unlac on Moir actual a ih/ur,dy,i NNW mask a axfg°"�ir deg I declare under penalty of perjury that the orlp '� °y aay 'as In Val-low •rrdoRsi orgin foregoing is true rract. Executed on CEsnFICATION this CAUFORNIA 19th y of A r1L, 2017 in Palm c�oAutmTE°FroPRIvERST E g• OTY OF PALM SPRINGS . Springs, alifomia. E�' n.NAR'r, M Criy t�coi QW of Falm WOW _ 1pytlwtnaMe fro..t l4and was a tuM cn the 15E4#' - at a r�akr euMin9 of the palm of ow ov Counc#held orf rite Mardi. UM7,.and eccffo of at a rpu rneellap, \ Sib day of A(AN..7A71,M'tha 1010V M/va34: .. . Pro Tun rcat,arid' A1T3:' Wunclbriembers Korn.MRlSilbtiertf.�lror .. fdayor Moon a Norm . None M Pi Nkhak 411fi MI Qecl Ra ary C i' J4 ORDINANCE NO. 1920 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF DISCRIMINATION IN THE CITY. City Attorney's Summary This Ordinance essentially ratifies and reaffirms existing non-discrimination policies, practices, and procedures of the City. A separate provision of this Ordinance codifies these practices in Chapter 2.04 of the Palm Springs Municipal Code, and includes the general requirement that City officials and employees will treat others employees equally and fairly and will not engage in discrimination against anyone because of their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. This Ordinance also includes an express prohibition on the City requiring individuals to provide information regarding their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class unless otherwise required under Federal or State Law. This Ordinance also includes an express prohibition on the City profiling individuals based on their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. The Ordinance also provides a definition of "national origin"as used in various provisions of the Code. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1920 is a full, true and correct coP�I and was introduced at a regular meeting of the Palm Springs City Council on the 15 day of March, 2017, and adopted at a regular meeting of the City Council held on the 5th day of April, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None 1 L"4dep KATHLEEN D. HART, MMC INTERIM CITY CLERK ORDINANCE NO. 1920 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF DISCRIMINATION IN THE CITY. City Attorney's Summary This Ordinance essentially ratifies and reaffirms existing non- discrimination policies, practices, and procedures of the City. A separate provision of this Ordinance codifies these practices in Chapter 2.04 of the Palm Springs Municipal Code, and includes the general requirement that City officials and employees will treat others employees equally and fairly and will not engage in discrimination against anyone because of their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. This Ordinance also includes an express prohibition on the City requiring individuals to provide information regarding their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class unless otherwise required under Federal or State Law. This Ordinance also includes an express prohibition on the City profiling individuals based on their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. The Ordinance also provides a definition of"national origin"as used in various provisions of the Code. The City Council of the City of Palm Springs ordains: SECTION 1. Section 2.04.100 is added to the Palm Springs Municipal Code to read: 2.04.100 Policy Against Discrimination (a) It is the policy of the City Council that all persons in the City have the right and the opportunity to be free from all forms of discrimination as defined in Chapters 2.45 and 7.01 of this Code. (b) City officials, employees, and contractors shall not discriminate against other officials, employees, contractors, and the general public or engage in discrimination Ordinance No. 1920 Page 2 because of actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. (c) The City and its employees, officials, agents, and contractors shall not require any individual to provide information regarding his or her actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class unless otherwise authorized under Federal or State Law. (d) The City and its employees, officials, and agents shall not profile individuals based on their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. SECTION 2. Section 2.45.005 of the Palm Springs Municipal Code is amended to read: 2.45.005 Public Policy It is declared as the public policy of the City that it is necessary and appropriate to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination as that term is defined in this Chapter. SECTION 3. Section 2.45.010 of the Palm Springs Municipal Code is amended by adding the following definition: "National Origin" shall mean place of origin, immigration status, cultural or linguistic characteristics, or ethnicity. SECTION 4. Section 7.010.040 of the Palm Springs Municipal Code is amended by adding the following definition: "National Origin" shall mean place of origin, immigration status, cultural or linguistic characteristics, or ethnicity. SECTION 5. The City Council finds and declares the existing laws, policy, and practices of the City generally requires City officials and employees to treat each other and the general public equally, fairly, and with respect in the conduct of the City's business. The City Council specifically finds that this Ordinance reaffirms and ratifies the existing laws, policy, and practices of the City and does not contain or impose any new requirements. SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. Ordinance No. 1920 Page 3 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 5T" DAY OF APRIL, 2017. ROBERT MOON, MAYOR ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1920 is a full, true and correct coff, and was introduced at a regular meeting of the Palm Springs City Council on the 15 day of March, 2017, and adopted at a regular meeting of the City Council held on the 5ch day of April, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None KATHLEEN D. HART, MMC INTERIM CITY CLERK