Council members divided over Luecke's first executive order

by Kelli Cheatham (kcheatham@wsbt.com)

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Banning discrimination based on sexual orientation

South Bend Mayor Steve Luecke signed an executive order banning discrimination on the basis of sexual orientation or gender identity for city employees or prospective workers. (WSBT photo)

By WSBT News1

SOUTH BEND — South Bend's mayor signed his first ever executive order, banning discrimination on the basis of sexual orientation or gender identity for city employees or prospective workers.

Even though an executive order is issued by a government's chief executive, it's not as far reaching as an ordinance or resolution passed by the Common Council.

Regardless, those in favor of the new order say it's been a long time coming.

The ban became effective when Mayor Steve Luecke signed it Wednesday. It basically says Luecke's administration will not tolerate any kind of discrimination toward anyone who is gay, lesbian, bi-sexual or transgendered in city government. It falls in line with the City's Equal Employment Opportunity policy that already says women and blacks must be treated fairly.

“If you do a good job, you should be promoted. If you are a qualified person you should be hired,” said former Common Council member Charlotte Pfeifer.

Both Pfeifer and City Attorney Chuck Leone fear that hasn't always happened in South Bend.

Leone said the city hasn’t had any direct complaints about sexual orientation discrimination because a mechanism to receive the complaints hasn’t been available until now.

Mayor Luecke’s order means the city will investigate city employees' complaints of unfair treatment based on sexual orientation or gender identity.

“That’s all they want,” said Pfeifer, “to be treated like the rest of us should be treated.”

It’s not a new issue in South Bend — three years ago former council members Pfeifer and the late Roland Kelly supported a similar proposal backing sexual orientation and gender identity protection. It lost by one vote.

“The mayor believes that this is the right thing to do,” Leone told reporters.

South Bend Equality, an organization that advocates for equal protection, issued a statement saying it wants the Common Council to re-visit the previous ordinance and consider “…extending such protection to all individuals who work, go to school or seek housing in South Bend.”

“This is going to come back to the council at an extreme time and give us more work rather than focusing on the budget,” said council member Henry Davis, Jr.

Leone said the order is more of a statement of principal and won’t cost the city anything.

Council Vice President Oliver Davis told WSBT he is still taking feedback from constituents in his district.

“I think the issue is not only to have the executive order put in, but also to get the buy-in from the community,” Davis said.

He also said he’s heard from constituents on both sides of the issue — but more people are against the equal rights proposal than for it.

Regarding Mayor Luecke's executive order, council member Al Kirsits told WSBT, "I am all in support of it. I have no problem with it."

This is also following similar state and federal policies. President Clinton enacted his executive order in 1998, Gov. Daniels in 2005. President Obama is working on one right now.

If a South Bend city employee feels they are experiencing discrimination, they should report it to their supervisor, department head or the Division of Human Resources. From there, HR will investigate and attempt to resolve the concerns.

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