§ 2-229. Discrimination.

(a)

General rule. City affairs must be conducted without bias or prejudice. A city official or employee shall not, in the performance of official duties, intentionally manifest by conduct, including the use of words, bias or prejudice toward any person, group, or entity, including bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status, and shall not permit others subject to his or her direction and control to do so.

(b)

Exceptions. The general rule in subsection (a) does not apply to:

(1)

Conduct undertaken in good faith:

(i)

To implement an existing city policy, or

(ii)

To carry out the direction of a superior; or

(2)

Conduct involving the legitimate advocacy of a position relating to race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status:

(i)

In litigation or similar proceedings, or

(ii)

Incidental to the formation of city policy.

(c)

Illustrations and definitions. For purposes of this section:

(1)

The types of "words or conduct" which may manifest "bias or prejudice" include, but are not limited to, physical abuse, verbal abuse, disparities in the provision of services, threats, intimidation, harassment, coercion, assault, stalking, hate speech, and conduct that threatens or endangers the health or safety of any person.

(2)

"Good faith" means that the city official or employee has a reasonable basis for believing, and does believe, that the conduct in question is lawful.

(3)

"Legitimate advocacy" means that the position espoused is not frivolous.

(Ord. No. 06-22, § 1(part B, § 9), 9-5-2006)