SAN ANTONIO – EDITOR’S NOTE: The broadcast version of this story incorrectly stated the date the CCR was filed. The error has been corrected in the attached video and story below.
Though they’re avoiding an all-out offensive, San Antonio business groups are resisting the idea of expanding the city’s non-discrimination ordinance commonly referred to simply as the NDO.
District 2 Councilman Jalen McKee-Rodriguez announced a push last week to include private businesses with 15 or more employees, as well as contract employment under the NDO. While the areas of city employment, appointments to Boards and Commissions, housing, and public accommodation are all covered, private businesses are generally exempt - unless they have city contracts.
McKee-Rodriguez submitted a council consideration request (CCR) on Thursday to have staff examine expanding the NDO and possibly increase penalties.
The NDO currently allows for Class C Misdemeanors for violations of public accommodation and housing, a city spokesman said, while external employment complaints are referred to the federal Equal Employment Opportunity Commission for investigation.
Class C Misdemeanors carry a fine of up to $500, while the spokesman said “contractual remedies may apply to entities doing business with the City.”
District 8 Councilman Manny Pelaez, who chairs the council’s Economic and Workforce Development Committee, says his phone was “ringing off the hook” within minutes of McKee-Rodriguez’s news conference on Thursday announcing his plans.
“You know, everybody is sort of flabbergasted,” Pelaez said. “And, you know, there’s not a business group out there who’s receptive to, you know, this becoming a reality.”
The North Side councilman sent a lengthy email to business community leaders on Monday, slamming the NDO expansion plans.
Though he calls discrimination “morally reprehensible,” Pelaez said that doesn’t mean it requires municipal governments to regulate it.
The city is not as well-equipped, as the federal EEOC or state Texas Workforce Commission, which already cover employment discrimination, Pelaez argues, and on a practical level, it sends a bad message to businesses.
“There’s palpable anger in the rooms when I’ve been visiting with folks, you know, at the fact that the city is asking all employers in San Antonio to join in this Ready to Work effort in helping recruit people back to work, right? And that at the same time, we’ve got City Council members out there finding new and creative ways to penalize employers,” Pelaez said.
The LGBT Chamber of Commerce has put its support behind McKee-Rodriguez. The councilman said he also spoke with the Hispanic Chamber of Commerce, the San Antonio Chamber of Commerce, the North San Antonio Chamber of Commerce, and the South and West San Antonio Chambers of Commerce “a couple of weeks” ahead of his announcement.
“Overall, they ... were happy that they received a call in advance. They said that the questions that their tea- that their organiza- that their businesses would have would be about the penalties and fees. And what I’ve said is that I want to have the discussion. I want to bring them to the table and let’s come up with something that’s fair. And they seem receptive to tha- most of them seem receptive to that.”
PRIVATE OPINIONS
KSAT reached out to each of the chambers of commerce McKee-Rodriguez mentioned, but they either didn’t comment on the record or respond at all.
However, as an accidental email reply demonstrated, that doesn’t mean the groups don’t have strong opinions.
In response to an interview request, San Antonio Manufacturers Association President and CEO Rey Chavez told KSAT in an email “As you already know, SAMA does not support the expansion of the NDO. We await the decision of city council and until then, we don’t have any additional comments.”
However, it appeared Chavez also included Cristina Aldrete, the president and CEO of the North San Antonio Chamber of Commerce, among the recipients of his statement.
Though a North SA Chamber spokeswoman had already told KSAT “we will not be commenting at this time as it is still early in the process,” Alrdrete provided a different view in what appeared to be meant as a private message to her SAMA counterpart.
“Perfect,” Aldrete replied to Chavez’s email, seemingly including KSAT reporter Garrett Brnger as a recipient by accident. “We said the same thing. Don’t want to give The Dist 2 Councilman what he wants – media attention.”
NEXT STEPS
Both Pelaez and McKee-Rodriguez said the ball is now in Mayor Ron Nirenberg’s court as the head of the council’s Governance Committee. The CCR has to be considered before it can move on to other council committees, and possibly the full city council.
However, Nirenberg said he does not know when it will be added to the agenda.
“So the CCRs get heard once the staff is able to do their preliminary work - their due diligence to be able to present something to the city council and the committee. That work hasn’t been done yet on a number of CCRs. So, obviously, this will get - this one will obviously be heard and will have that due diligence as well, but it’s too early to tell since it was just filed, and I haven’t reviewed it either yet,” Nirenberg said.
Related Story: