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City to examine non-discrimination policy

Sunday, January 26, 2020

The City of San Marcos is looking into possible changes it can make to its non-discrimination policy, regarding sexual orientation and gender identity.

The San Marcos City Council unanimously asked city staff to look into making a change to the policy to include sexual orientation and gender identity during Tuesday’s meeting. The agenda item was requested by councilmembers Maxfield Baker and Joca Marquez.

“The reason I brought this forward to us is because it’s important that we step up and serve all members of our community at every level that we can,” Baker said. “In reviewing our non-discrimination policy, it doesn’t specifically outline sexual orientation and gender identity.”

Current policy states that “no person who resides in, or does business with, the City of San Marcos on the grounds of race, color, national origin, sex, age, disability or economic condition, be excluded from the participation in, be denied the benefits of, or otherwise be subjected to discrimination under any of our programs or activities.”

Baker stated his intent with the item was for the city to amend its non-discrimination policy to include sexual orientation and gender identity as it relates to city health insurance, public employment and private employment — in regard to those the city contracts with — and city public accommodations.

City attorney Michael Cosentino said staff can look into addressing the policy in how the city operates and those businesses that are given incentives through the city. He cited Austin’s policy, where it makes businesses provide evidence that they’ve adopted certain policies and procedures.

“What Austin does is they require the company to prove their compliance with that before they can even bid on or do business with the city,” Cosentino said during Tuesday’s meeting. “So, that’s an extent the council could consider going to this.”

Councilmember Melissa Derrick said she didn’t know that the city hadn’t already addressed sexual orientation and gender identity in its non-discrimination policy.

“I had no idea that we didn’t have those provisions already,” Derrick said. “Good catch.”

Added Mayor Jane Hughson: “I don’t want to discriminate against anybody so I’m good with this. I’m good with this. I just wanted to make sure that we are in our lane and what we could do.”

City Manager Bert Lumbreras said staff can vet out a policy and come back with a recommendation for the council. He added that it’s likely that staff can come back to council with policy suggestions within the next 30 days.

San Marcos Record

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P.O. Box 1109, San Marcos, TX 78666