Council amends discrimination ordinance
Cape Coral City Council voted unanimously Monday night to amend a personnel ordinance regarding discrimination among city employees by adding protection specifically in cases of sexual orientation, gender identity and gender expression.
Councilmember Jessica Cosden brought the amendment before the council to make it clear to city employees that all workers are valued here and make clear what the protections are because no state, county or federal laws expressly protect LGBTQ individuals beyond sex, age, religion, color, etc.
“I reached out to five gay employees and three of them said they had experienced discrimination of some sort,” said Cosden. “One said not really discrimination, but was in the closet because she was afraid of discrimination. That’s not to say anyone was fired obviously because they are still here, but people will sleep a lot better tonight knowing they are protected.”
Laws regarding sexual discrimination as a protected class, but sexual orientation or gender identity are not and it is left up to interpretation in the court system.
City Attorney Dolores Menendez told council an evolution of case law and interpretations has grown recently concerning LGBTQ rights. The proposed ordinance amendments deals with the city as an employer interacting with employees.
“The thought it was better to be clear in the ordinance what it is the city is prohibiting rather than employees or supervisors reading up on latest case law or administrative interpretations of federal legislation,” said Menendez. “The ordinance that is before you is in line with current interpretations.”
Councilmember Rana Erbrick supported the amendments, but said she would be uncomfortable going outside city employees.
“I think this brings things in line with what we discussed with the charter review, but I am uncomfortable about unintended consequences,” said Erbrick. “We are in uncharted territory around here. I am OK with this because it deals with our internal organization only. Anywhere beyond that and you will not see me so willing to jump on board to regulate others.”
Project manager for Bimini Basin
Council hired Redevelopment Manage-ment Associates from Pompano Beach to carry out the responsibilities as project manager for the Bimini Basin redevelopment initiative in South Cape. The contract is for a maximum of $138,000.
RMA was one of two firms responding to the city’s request for proposals and now is responsible for developing public and private partnerships to advance the ongoing project.
Mayor Marni Sawicki was impressed by the firm’s experience on similar projects and is looking forward to bringing the idea to reality with the cooperation of adjacent property owners.
Councilmember Erbrick expressed concern because she has not seen evidence of those property owners being totally on board.
City Manager John Szerlag responded that staff had discussions with property owners, though no formal agreement has been forged. He did say there was an understanding between the owners that once a project manager was hired, they would begin moving that relationship forward.
“The hope would be the consultants would put together a good business model so that it will be worth the property owners’ interest to engage with the city for a better return on investment,” Szerlag said.
RMA indicated its first initiative is to reach out to the adjacent property owners to discuss potential for the Bimini Basin.
City auditor candidate list
City consultant Mercer Group presented council with nine semifinalist candidates for the city auditor position seeking to pare the group down to less than five finalists. Council agreed on three candidates for the consultant to run extensive background checks on and bring to Cape Coral for interviews between Feb. 6 and 10.
One of the three candidates will assume the position from current City Auditor Margaret Krym, who is retiring at the end of February.
Council’s next regular meeting is Monday, Feb. 6. Members will meet in a special workshop session next Monday at 4:30 p.m. in Council Chambers.