Omaha City Council considering sexual orientation protection in city charter | Regional Government | #citycouncil


Among the 10 proposed city charter amendments potentially heading before Omaha voters this November, a proposal to add sexual orientation and gender identities as protected civil rights categories drew the most scrutiny and praise during a public hearing before the City Council on Tuesday.

Four speakers raised opposition to the proposal, with most advocating for religious protections. That included Omaha resident Carol Clough, who suggested an addition to the charter that “protects people of all faiths, disabilities, protections of everyone.” She urged the council not to put the amendment forward as proposed.

“Every single person is worthy of dignity and respect in our city charter as well as in our municipal code,” Clough said.

Two speakers shared support for the change, including Sara Rips, LGBTQIA+ legal and policy counsel with ACLU of Nebraska. Rips said approval of the amendment, in addition to aligning the city’s charter with federal and state law, would send a strong message.

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“It imbues a sense of belonging, provides clarity to all stakeholders and helps the city attract new businesses, create jobs, address brain drain and better compete in a global marketplace,” Rips said.

The civil rights protection language is one of 10 potential amendments to the city charter — the document that establishes the organization and procedures of Omaha’s government — currently before the City Council. The council will decide to put some or all of the 10 before Omaha voters in November.

Another proposed amendment that drew criticism Tuesday was the clarification that as part of the process to fill a council vacancy, the departing council member cannot vote for their replacement.

That proposal would be redundant to state statute, said Omaha resident Scott Blake.

Blake has on multiple occasions raised concern that the City Council was in violation of the state law when it allowed outgoing Councilman Rich Pahls to vote for his replacement in 2020 after he won election to the Nebraska Legislature and, consequently, announced he was vacating his seat on the City Council.

Other proposals under consideration by the City Council include:

An addition that clarifies the line of succession if both the City Council president and vice president are out of the city or unable to preside over council meetings or serve as acting mayor. Succession would go to the longest-serving council member.

An exception, in the case of a state or federal emergency, to the requirement that the City Council meet at least twice a month.

A change that would require public notice of initiative petitions to be published in a designated daily newspaper, rather than each of the daily newspapers in the city.

An increase in the maximum amount of money in the cash reserve to 12% of general appropriations, rather than 8%.

An increase from $20,000 to $50,000 in the purchasing procedures that require advertisements for sealed, competitive bids.

An increase in contract amounts that require City Council approval from $20,000 to $50,000.

The addition of affordable housing and sustainable development as elements of the city’s master plan.

The deletion of a current requirement that a medical panel must convene to determine the mayor’s ability to serve in the case of a disability.

Those 10 are fewer than the 24 amendments approved by the recently completed city charter convention, which is formed about every 10 years to review and suggest changes to the charter. The convention is made up of members appointed by the mayor and City Council.

The City Council Legislative Affairs Committee narrowed the list of proposed amendments from 24 to 10, arguing that amending all 24 charter sections this November would not be “a manageable number for voters or the Douglas County Election Commission.”

Council members will vote on the recommended charter amendments during their Aug. 23 meeting.


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