June 4 - Agenda Questions & Responses June 4 - Agenda Questions & Responses smartsheet
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1 06/02/24 Mayor Hudspeth Work Session A. 24-1108 Pg.3 Fidelity Bonding:Details on next twps.Question:What does This is an unintentional typo and has been corrected in the presentation for tomorrow.
twps stand for?
1 06/02/24 Mayor Hudspeth Work Session B. 24-195 How any
ethics complaints have been filed in the last 5 years.Did Since June of 2019,three Ethics Complaints have been filed.One involved Sea 2-273(a)Conflict of Interest,one
2 any involve the categories that we are discussing? involved Sec.2-273(a)Misuse of Information,and one was abandoned by the Complainant before it could be Accepted
by the City Auditor.
3 06/02/24 Mayor Hudspeth Consent B. 24-490 Please have a slide with the city organizational chart available for A copy of the City organizational chart will be provided during the Work Session.
reference.
4 06/02/24 Mayor Hudspeth Public Hearing B. DCA23-0002g I'm requesting a call to discuss this on Monday.Please have the A call was scheduled with the Mayor.
appropriate person email me to schedule a call.
O6/02/24 Mayor Hudspeth Item for Individual Consideration C. 23-2407 Does this ordinance differentiate between the type of felonies(ex. No.The proposed ordinance does not differentiate between types of crimes.The definition of"conviction"within the
Violent felonies). ordinance is as follows:"a felony or misdeameanor for which the person has been placed on probation,fined,
5 imprisoned,or paroled:'Per the EEOC Enforcement Guidance on the Consideration of Arrest and Conviction Records in
Employment Decisions under Title VII of the Civil Rights Act of 1964(April 25,2012),an individualized assessment of the
criminal history of each applicant is recommended to avoid a racially disparate impact,and that would include the specific
crimes committed.
s 06/02/24 Mayor Hudspeth Item for Individual Consideration C. 23-2407 Does it have a geographic restriction(ex.Must be a Denton resident No.The proposed ordinance applies to private businesses of 15+employees that currently operate within the limits of the
for 1 yr). City of Denton.Otherwise,there are no geographical restrictions.
7 06/02/24 Mayor Hudspeth Item for Individual Consideration C. 23-2407 Does this ordinance have a drug testing component? No.The proposed ordinance does not include requirements related to drug testing of applicants.
O6/02124 Mayor Hudspeth Item for Individual Consideration C. 23-2407 Does the City of Denton plan to use this ordinance to begin to enforce No.The proposed ordinance is currently in line with federal regulations under the EEOC,but the City does not have the
e Federal laws? jurisdiction to enforce federal laws.The EEOC and Department of Labor are the primary federal agencies responsible for
enforcing federal employment laws.Per the ordinance,if a federal agency has jurisdiction,the complainant will be
referred to that agency.
9 06/02/24 Mayor Hudspeth Item for Individual Consideration C. 23-2407 Re:Sec.14-203-11...Y/N(Simple yes or no)Will the city(3)"Deny Yes.If appropriate,the city may still refer the complainant to the appropriate federal agency that has jurisdiction over the
the complaint because it legally deficient or untimely"? complaint.
06/02/24 Mayor Hudspeth Item for Individual Consideration C. 23-2407 Re:Sec 14-203-1 What in this section is different from Federal Law? Federal law does not expressly state sexual orientation and gender identity are federally protected classes with respect
10 to employment,services,facilities,public accommodations,or housing.This ordinance,as previously adopted by the
Council,does.
06/02/24 Mayor Hudspeth Item for Individual Consideration C. 23-2407 List in bullet point format the elements required to satisfy the Conditional Employment Offer is defined as:
conditional offer. (1)an oral or written offer
17 (2)by an employer
(3)to employ an individual,and
(4)that is conditioned on the employer's evaluation of the individual's criminal history.
The elements required to satisfy a conditional job offer will depend upon the nature of the job and the specific employer.
06/02/24 Mayor Hudspeth Item for Individual Consideration C. 23-2407 List all differences or changes to Federal law in this proposed This ordinance does not change existing federal employment discrimination laws and regulations.It is a violation of
12 ordinance. federal law and this ordinance if the use/consideration of an applicant's criminal history results in unlawful employment
discrimination.
13 06/02/24 Mayor Hudspeth Item for Individual Consideration C. 23-2407 This ordinance does not penalize an employer for simply inquiring Correct.An employer is only penalized if its actions result in unlawful employment discrimination.
about criminal past correct?(Provide simple y/n answer).
14 06/02/24 Mayor Hudspeth Item for Individual Consideration C. 23-2407 List any and all research,on this topic,that the city conducted that led This ordinance mirrors to the greatest extent possible applicable state and federal employment discrimination laws.Both
to deciding the number of employees. stale and federal law set 15 as the minimum number of employees required for an employer to be subject to those laws.
06/02/24 Mayor Hudspeth Item for Individual Consideration C. 23-2407 Re:"City will almost certainly defer to the EEOC jurisdiction The proposed ordinance provisions are in line with the EEOC's provisions,so there would need to be extenuating
determination"-Please provide an example of a situation where the circumstances surrounding an instance of the City not catering to the EEOC.Staff is unable to provide a definitive
15 city will NOT defer to the EEOC.What would allow the city to take answer to this question because it would have to review the EEOC's decision and reasoning to determine why it
action in a Federal law dispute? concluded it does not have jurisdiction.The decision to defer or not defer would need to be handled with legal counsel
and on a case by case basis.
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