(a) Purpose. The purpose of this section is to implement the following expenditure prohibitions.
(b) Definitions. For the purposes of this rule, the following terms mean:
(1) "Discriminatory activities" or "DA" is any program, activity, training, or policy that classifies individuals on the basis of race, color, sex, national origin, gender identity, or sexual orientation and promotes differential or preferential treatment of individuals on the basis of such classification.
(2) "Federal funds" are those funds provided to the institution or a direct-support organization for an institution directly or indirectly by an appropriation by Congress.
(3) "State funds" are those funds provided to an institution or a direct-support organization for an institution directly or indirectly by an appropriation by the Ohio Legislature. This includes any grants provided.
(4) "City funds" are those funds that derived from taxpayers or fees that are able to be expended by different departments within the City of Shelby to include donations or grants given to the city.
(c) No entity or individual within the city may expend any city, state, or federal funds to promote, support, or maintain any programs or activities that advocate for DA as defined in this rule.
(d) A city entity or individual advocates for DA when it engages in a program, policy, training or activity that:
(1) Advantages or disadvantages, or attempts to advantage or disadvantage, an individual or group on the basis of race, color, sex, national origin, gender identity, or sexual orientation, to equalize or increase outcomes, participation, or representation as compared to other individuals or groups; or
(2) Promotes the position that a group or an individual's action is inherently, unconsciously, or implicitly biased on the basis of race, color, sex, national origin, gender identity, or sexual orientation.
(e) Divisions (c) and (d) of this section do not prohibit programs, policies, trainings or activities required for compliance with local, state or federal laws or regulations, contract compliance, or for obtaining or retaining institutional or discipline-specific accreditation by the city, its Council, or its employees with the approval of City Council.
(f) Failure of any city official, employee, whether employed at will, or working pursuant to a contract, to abide by this section may result in discipline, which may include dismissal, as well as any potential civil or criminal sanctions under the law.
(Ord. 4-2024, passed 4-15-2024)