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HomeMy WebLinkAbout03-15-19 Correspondence - Human Rights Campaign to Andrus - Inclusion in Municipal Equality Index Office of Mayor Andrus HUMAN P.O. Box1230 E3 RIGHTS Bozeman, MT 59771 C A M P A I G N U L H U A I I U March 15,2019 Dear Mayor Andrus, This letter is to inform you that your city will be included in the eighth edition of the Human Rights Campaign's Municipal Equality Index(MEI)this year.The Human Rights Campaign (HRC) is the largest civil rights organization working to achieve equality for lesbian,gay, bisexual,transgender and queer(LGBTQ)Americans.The MEI is the first nationwide evaluation of municipal laws, policies, and services affecting the LGBTQ community. This year, HRC will evaluate the 506 cities rated in last year's publication.These include the 50 state capitals,the 200 largest cities in the country,the five largest cities in each state,the cities home to the state's two largest public universities, 75 cities and census-designated places with high proportions of same-sex couples, and 98 cities selected by HRC and Equality Federation group members and supporters. HRC will conduct preliminary research on your city and will send you a draft scorecard in June for your review. When you receive your draft scorecard,we ask that you review our research and contact us with corrections and supporting documentation before July 31st.The MEI will be published and released in October. There are no changes to the MEI scorecard this year.All criteria and point allocations are the same as they were in 2018.Along with this letter,you will find a 2019 MEI scorecard template enclosed and a detailed explanation of our standards for credit. At this time,we are writing simply to alert you that your city will be rated again this year. If there is a specific person in your office you would like us to communicate with from now on, please let us know. Also, please let us know if you are interested in learning more about how you can improve your score prior to publication. Finally,we ask that you keep us apprised of any relevant city actions that occur after you receive your draft scorecard.The best way to get in contact with us is by emailing mei@hrc.org. We look forward to working with you in ensuring that your city is rated accurately and given all of the credit it deserves. Sincerely, The MEI Team 11 Xavier Persad,Senior Legislative Counsel Collen Kutney,Senior Manager for State and Municipal Programs HUMAN RIGHTS CAMPAIGN 11640 RHODE ISLAND AVE., N.W., WASHINGTON, D.C. 20036 P 202-628-4160 1 F 202-423-2861 I MEI @ H RC.ORG 32019 M E 1 STANDARDS FOR CREDIT AN-L�V, HUMAN RIGHTS CAMPAIGN, The following outlines our standard for credit in each section of the 2019 Municipal Equality Index (MEI) scorecard. SECTION I. NON-DISCRIMINATION LAWS • Non-Discrimination in Private Employment, Housing, and Public Accommodations—(Up to 30 points). This category evaluates whether a city has an enforceable non-discrimination ordinance that expressly covers sexual orientation and gender identity and applies to private employment, housing, and public accommodations citywide. In each category (private employment, housing, and public accommodations), cities receive 5 points for explicitly prohibiting discrimination on the basis of sexual orientation and 5 points for expressly prohibiting discrimination on the basis of gender identity. A 3-point deduction is applied for protections that contain carve-outs prohibiting individuals from using facilities consistent with their gender identity. Up to six points will be deducted for religious exemptions that single out sexual orientation and/or gender identity. • Required Documentation: Copy of relevant municipal code provision(s). • BONUS: All-Gender Single-Occupancy Facilities (2 bonus points). Cities that require all single-user sex-segregated facilities within the city like bathrooms and changing rooms to be all-gender will receive two bonus points. Cities that have a policy designating all single-occupancy facilities within its own buildings to be all-gender will receive half credit. For more information on the importance of equal access to single-occupancy facilities, see our issue brief entitled Equal Access to Sex-Segregated Facilities here or at www.hrc.org/mei. • Required Documentation: Copy of relevant municipal code provision(s). • BONUS: Protects Youth from Conversion Therapy (2 bonus points). Cities that enact laws to protect youth from the harmful and discredited practice of so-called "conversion therapy"—any effort to change an individual's sexual orientation or gender identity—will garner two bonus points. To learn more about this dangerous practice, see our issue brief entitled Protecting Youth from Harmful "Conversion Therapy" here or at www.hrc.org/mei. • Required Documentation: Copy of relevant municipal code provision(s). SECTION II. MUNICIPALITY AS EMPLOYER • Non-Discrimination in City Employment (7 points for sexual orientation/7 points for gender identity). Whereas Section I assesses private employment citywide, this section evaluates non-discrimination protections for city employees (public employment). To qualify for credit, the city must have an enforceable non-discrimination ordinance or policy that expressly applies to all municipal employees and explicitly includes sexual orientation and gender identity. 1 M NVN .HRC.ORG/ME1 32019 M E I STANDARDS FOR CREDIT HUMAN RIGHTS CAMPAIGN® • Required Documentation: Copy of relevant municipal code provision(s) or city equal employment opportunity policy. • Transgender-Inclusive Healthcare Benefits (6 points). To obtain credit in this category, the city must offer at least one municipal employee health insurance plan that expressly covers transgender healthcare needs, including gender-affirming procedures, hormone therapy, mental health care and other gender-affirming care. The lack of express exclusions for these services is not sufficient for credit because this care is routinely not covered. For more information on extending transgender-inclusive healthcare benefits to city employees, read our issue brief here or at www.hrc.orci/mei. • Required Documentation: Copy of city employee health insurance plan benefits booklet. • City Contractor Non-Discrimination Ordinance or Policy (3 points for sexual orientation/3 points for gender identity). This refers to a city law or policy that requires all businesses the city contracts with for goods or services to have an employee non-discrimination policy that expressly covers sexual orientation and gender identity. Partial credit may be awarded in instances where the city has no qualifying ordinance or policy but consistently includes a contractor non-discrimination provision in all contracts with businesses, or when a city gives a bidding preference to businesses with a qualifying employee non-discrimination policy. • Required Documentation: Copy of relevant municipal code provision(s) or city policy. • Inclusive Workplace (2 points). This section assesses whether a municipality has LGBTQ-specific programming to attract LGBTQ applicants and promote diversity in the workplace. Cities will receive credit if they have any one of the following: an LGBTQ employee pride alliance or resource group, LGBTQ-inclusive diversity training for all city staff, or a recruitment program that actively advertises available positions to the LGBTQ community. • Required Documentation: Confirmation from city human resources department of an LGBTQ employee pride alliance or resource group; copy of LGBTQ-inclusive all-staff diversity training; or documentation of recruitment efforts directed to the LGBTQ community. • BONUS: City Employee Domestic Partner Benefits (1 bonus point). Cities will receive credit for offering equal benefits to both same- and different-sex domestic partners of city employees and their legal dependents. Even after nationwide marriage equality, it is important to respect the diverse family forms that exist by expanding domestic partner benefits to include all families. For more information on this topic, see our issue brief entitled The Case for Retaining Domestic Partnership Laws and Policies here or at 2 ���1�'I.HRC".ORGIMEI 3 2019 M E 1 STANDARDS FOR CREDIT LILILIJ . 1� .ift HUMAN ii ��, RIGHTS k U� CAMPAIGN® www.hrc.org/mgi. • Required Documentation: Copy of relevant municipal code provision(s) or city policy. SECTION III. MUNICIPAL SERVICES • Human Rights Commission (5 points). Credit is awarded in this section if the city has a community-facing body tasked with eliminating discrimination and educating the public on issues of diversity and inclusion. To these ends, the commission can hold community discussions, screen movies, present panels, take public comment, advise city leaders and develop policies and strategies to make the city more inclusive. The commission must be active and meet regularly. • Required Documentation: Copy of relevant municipal code provision(s) or link to city human rights commission website. • Enforcement of Non-Discrimination Ordinance by Human Rights Commission (2 points). Where, in addition to the functions listed above, a Human Rights Commission has the authority to conciliate, issue a right to sue letter, or otherwise enforce citywide non-discrimination protections, that commission will earn two additional points. • Required Documentation: Copy of relevant municipal code provision(s) or link to city human rights commission website. • LGBTQ Liaison to City Executive (5 points). To earn credit in this category, the city must have an officially designated liaison to the LGBTQ community who reports to the city executive and whose designation as LGBTQ liaison and contact information is posted on the city website. An LGBTQ liaison serves as an accessible and friendly ear to the city's LGBTQ community and elevates LGBTQ-related concerns to the city executive and other city officials. LGBTQ persons who work in the city executive's office do not qualify for credit in this category unless they serve as the official LGBTQ liaison and meet the above criteria. This role may be assigned to existing city staff. Additionally, the LGBTQ liaison to the city executive cannot double for credit as an LGBTQ police liaison (which is rated in Part IV), given the unique function of each of these divisions of city government. Required Documentation: A link to the city website displaying the LGBTQ liaison's title and contact information. • BONUS: Youth Bullying Prevention Policy for City Services (1 bonus point for sexual orientation/1 3 VI'R'NV.HRC.ORG/N1E I 32019 M E 1 STANDARDS--)O FOR CREDIT �dU11 HUMAN00 RIGHTSZ" UyuEl 110 CAMPAIGN® [1100 I- I=II A �#� � .i i .. z PR bonus point for gender identity). This category awards cities up to two bonus points for implementing policies that prohibit bullying on the express basis of sexual orientation and gender identity in all youth-facing city facilities and services. These policies should cover, for example, the city's parks and recreation department, library programs, and any other department or service that incorporate young people. For more on this topic, see our issue brief entitled Inclusive and Innovative Approaches to Citywide Bullying Prevention here or at www.hrc.org/mei. • Required Documentation: Copy of relevant municipal code provision(s) or city policy. • BONUS: City Provides Services to/Supports LGBTQ Youth (2 bonus points). Cities should offer services designed to address the unique needs of LGBTQ youth, who often face higher rates of bullying, harassment and rejection after coming out. Cities can earn credit here by (1) directly providing services targeted to LGBTQ youth, (2) funding organizations that provide these services, OR (3) providing other meaningful types of support (such as in-kind support, subsidized use of city facilities, etc.) to community organizations that provide services designed for LGBTQ youth. For LGBTQ youth resources, visit hftp://www.hrc.ora/resources/topic/children-youth. • Required Documentation: (1) A record of the city's support for the qualifying service (ex: A copy of the current city budget showing city funding for a community organization that provides the qualifying service) AND (2) Documentation of how the service qualifies (ex: A link to the city-supported community organization describing the service that is targeted to LGBTQ youth). • BONUS: City Provides Services to/Supports LGBTQ Homeless People (2 bonus points). LGBTQ people — particularly youth — are disproportionately impacted by homelessness. Cities can earn credit in this section by (1) directly providing services targeted to LGBTQ homeless individuals, (2) funding organizations that provide these services, OR (3) providing other meaningful types of support (such as in-kind support, subsidized use of city facilities, etc.) to community organizations that provide services or resources targeted to LGBTQ homeless individuals. For more LGBTQ homelessness resources, visit http://www.hrc.ora/resources/Icibt-youth-homelessness. • Required Documentation: (1) A record of the city's support for the qualifying service (ex: A copy of the current city budget showing city funding for a community organization that provides the qualifying service) AND (2) Documentation of how the service qualifies (ex: A link to the city-supported community organization describing the service that is targeted to LGBTQ homeless individuals). • BONUS: City Provides Services to/Supports LGBTQ Elders (2 bonus points). As LGBTQ individuals age, they encounter unique health, social and cultural challenges. Cities can earn credit in this section by 4 W-N W.HRC.ORG/MEI 132019 M E I STANDARDS FOR CREDIT alin- uut-111 HUMAN RIGHTS �y� , CAMPAIGN® I-4 11 D 0 0 10E t. 10 C=&�_ =11 =ai-Lo, (1) directly providing services targeted to LGBTQ elders, (2) funding organizations that provide these services, OR (3) providing other meaningful types of support (such as in-kind support, subsidized use of city facilities, etc.) to, community organizations that provide services or resources targeted to LGBTQ elders. • Required Documentation: (1) A record of the city's support for the qualifying service (ex: A copy of the current city budget showing city funding for a community organization that provides the qualifying service) AND (2) Documentation of how the service qualifies (ex: A link to the city-supported community organization describing the service targeted to LGBTQ elders). • BONUS: City Provides Services to/Supports People Living with HIV or AIDS (2 bonus points). HIV continues to disproportionately impact segments of the LGBTQ community. Cities can earn credit in this section by (1) directly providing services for people living with HIV or AIDS, (2) funding organizations that provide these services, OR (3) providing other meaningful types of support (such as in-kind support, subsidized use of city facilities, etc.) to community organizations that provide services or resources targeted to individuals living with HIV or AIDS. For resources on HIV and AIDS, visit http://www.hrc.org/resources/topic/hiv-aids. • Required Documentation: (1) A record of the city's support for the qualifying service (ex: A copy of the current city budget showing city funding for a community organization that provides the qualifying service) AND (2) Documentation of how the service qualifies (ex: A link to the city-supported community organization describing the service targeted to people living with HIV or AIDS). • BONUS: City Provides Services to/Supports Transgender-Specific Programming (2 bonus points). Transgender individuals face disproportionate levels of discrimination, stigma and systemic inequality. Cities can earn credit in this section by (1) directly providing services targeted to transgender residents such as employment programs, post-incarceration reentry programs, and violence prevention programs; (2) funding organizations that provide these services; OR (3) providing other meaningful types of support (such as in-kind support, subsidized use of city facilities, etc.) to community organizations that provide services or resources targeted to the transgender community. For resources on the transgender community, please visit http://www.hrc.org/resources/topic/trans,e� and review the 2015 MEI issue brief entitled Anti-Transgender Violence: What Cities Can Do available here or at www.hrc.org/mei. • Required Documentation: (1) A record of the city's support for the qualifying service (ex: A copy of the current city budget showing city funding for a community organization that provides the qualifying service) AND (2) Documentation of how the service qualifies (ex: A link to the city-supported community organization describing the service that is targeted to transgender residents). 5 W_W_1A'.HR1C.0RG/A1EI 32019 MEI STANDARDS FOR CREDIT HUMAN RIGHTS CAMPAIGN® SECTION IV. LAW ENFORCEMENT • LGBTQ Police Liaison or Task Force (10 points). To get credit in this category, the city must have an officially designated liaison from the police department to the LGBTQ community (or a police task force charged with addressing LGBTQ issues) whose designation as LGBTQ liaison and contact information is posted on the police department's website. An LGBTQ police liaison serves as an accessible and friendly ear to the city's LGBTQ community and elevates LGBTQ-related concerns to the police chief and other city officials. LGBTQ police officers, including high-ranking officers, do not qualify for credit in this category unless their service as liaison is part of their official job and the required information is published online. Partial credit will be awarded if the entire police force was recently trained on LGBTQ issues. • Required Documentation: A link to the police department website displaying the LGBTQ police liaison's title and contact information. • Reported 2017 Hate Crimes Statistics to the FBI (12 points). To qualify for points in this section, the city must report hate crimes statistics to the FBI in all categories, including sexual orientation and gender identity, and either: • Report a positive number of hate crimes in any protected category in 2017 (i.e. report more than "0" for hate crimes reported in any one or more of the protected categories), OR • Report zero hate crimes in 2017 AND have reported a positive number of hate crimes in any one or more of the protected categories some year in the past five years of published reports. This second prong is to recognize that while statistically it is possible that no hate crimes of any kind occurred in a small city one year, it is highly improbable that no hate crimes of any kind occurred in a city in the past five years of a published FBI hate crimes reports. • The 2017 FBI Hate Crime Statistics are available online here. SECTION V. RELATIONSHIP WITH THE LGBTQ COMMUNITY • Leadership's Public Position on LGBTQ Equality (0-5 points). This section grades, on a sliding scale from zero to five points, how pro-equality the city leadership is in its public statements. City leadership includes the city executive, city council, and other government officials. These statements may include joining a pro-equality association such as Mayors Against LGBT Discrimination, coming out publicly in favor of LGBTQ rights, supporting LGBTQ community organizations publicly, attending a pride parade, speaking out against anti-LGBTQ legislation, partnering with LGBTQ groups to create solutions to city problems, etc. It also includes comments made during city council meetings or at other public events. 6 % NVNV.HRC.ORG/F*iEI 32019 M E1 STANDARDS FOR CREDIT HUMAN RIGHTS CAMPAIGN® • Required Documentation: Links to recent news articles, photographs of city leadership at LGBTQ events, op-eds, Facebook posts, tweets, etc. • Leadership's Pro-Equality Legislative or Policy Efforts (0-3 points). This section grades, on a sliding scale from zero to three points, how actively the city has been pursuing pro-equality legislation and policies. This includes ordinances introduced (whether passed or not), city policies, and pro-equality city council resolutions and proclamations. • Required Documentation: Links to news articles, copies of ordinances and policies, or a written summary from city officials demonstrating recent pro-equality legislative and policy efforts. • BONUS: Openly LGBTQ Elected or Appointed Municipal Officials (2 bonus points). Appointed or elected city officials who are openly LGBTQ will qualify the city for two bonus points in this category. While the city should seek to employ LGBTQ persons at all levels of government, this criterion specifically addresses city officials who are well-known in the public eye like the mayor, vice mayor, city manager, vice city manager, and members of the city council. A state or federal elected representative from the city does not qualify. • Required Documentation: Links to relevant news articles, for example. • BONUS: City Tests Limits of Restrictive State Law (3 bonus points). This category only applies to cities located in states with statewide laws that restricts cities' authority to pass LGBTQ-inclusive ordinances. Such cities that take distinct actions to push back against state limits to their ability to pass pro-equality laws will qualify for four bonus points in this section. Cities can advocate against restrictive state law through council resolutions or declarations and engagement with state legislators. For more information on preemption laws, please see the 2016 MEI issue brief entitled Power Struggles and Preemption here or at www.hrc.org/mei. • Required Documentation: Links to relevant news articles, copies of council resolutions or declarations, summaries of state-level advocacy by city officials, etc. 7 N N R'.HRC.ORG/AtEI