As used in this Chapter, the following words and phrases shall have the meanings indicated herein:
(a) "City" shall mean the City of Toledo.
(b) "Commission" shall mean the Gender Equity Commission, which is designated as the community advisory body of CEDAW in the City. The Commission will be tasked with representing Toledo residents by working with the Gender Equity Manager to implement the intersectional gender equity analysis recommendations and track progress.
(c) "Disability" shall mean a physical or mental impairment that substantially limits one or more major life activity, a history of record of such an impairment, or a perception of having such an impairment.
(d) "Disability discrimination" shall mean any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation or modification.
(e) "Disaggregated data" shall mean information collected and analyzed in enumerated categories in order to identify the disparities existing between women and other gender categories. These categories shall include, to the extent permitted by law, sex, gender identity, gender expression, race, immigration status, economic status, parental status, language, sexual orientation, disability, age, and other attributes. This data will be collected in a manner that will facilitate intersectional analysis.
(f) "Discrimination against women" shall include, but not be limited to, any distinction, exclusion or restriction made on the basis of sex or gender that has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women and girls, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
(g) "Gender-based violence" shall mean violence that is directed against an individual because of their gender identity. It includes acts that inflict physical, mental, or sexual harm or suffering, threats of such acts, coercion, and other deprivations of liberty by family, community or government.
(h) "Gender" shall mean the socially and culturally constructed norms about roles, responsibilities, behaviors and expression that is considered appropriate based on a person's sex assigned at birth.
(i) "Gender equity analysis" shall mean an intersectional examination of the cultural, economic, social, civil, legal and political relations and treatment of women within a certain entity. It recognizes that women often have different social roles, responsibilities, opportunities, and needs from other gender identities. These differences, which permeate our society, affect how decisions and policy are made.
(j) "Gender equity" shall mean the redress of discriminatory practices and establishment of conditions enabling women and girls to achieve full equality with other genders, recognizing that needs of women may differ, resulting in fair and equitable outcomes for both.
(k) "Human rights" shall mean the rights every individual possesses that are intended to improve the conditions in society that protect each person's dignity and well-being and the humanity of all people.
(l) "Intersectionality" shall mean the interconnected nature of social categorizations such as race, ethnicity, class, disability status, gender and gender identity, and immigration status, as they apply to a given individual or group, regarded as creating overlapping and interdependent systems of discrimination or disadvantage. Intersectional shall mean of or relating to intersectionality.
(m) "Racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
(n) "Women" shall mean all persons who identify with the gender category, regardless of assignment at birth.
(Ord. 95-22. Passed 3-15-22; Ord. 234- 24. Passed 5-22-24.)
It shall be the goal of the City to implement the principles of CEDAW by addressing discrimination against women and girls in areas including employment opportunities, economic development, political representation, education, and health care. The City also aims to address the critical problem of violence against women and girls. Additionally, the City recognizes the connection between discrimination against women and girls and social categories such as race, economic status, immigration, disability, gender identity, and sexual orientation. In utilizing an intersectional approach, the City shall ensure the needs that exist or arise for specific marginalized communities are centered and addressed.
(a) The City shall take all measures to prevent and redress discrimination against women and girls in employment and economic opportunities, including, but not limited to, the right to equal employment opportunities, benefits, remuneration, and working conditions.
(b) The City shall take all measures to prevent and redress gender-based violence against women and girls, including, but not limited to, sexual violence, domestic violence, sexual harassment, teen dating violence, stalking, and human trafficking. Measures may include, but are not limited to, ensuring enforcement of criminal penalties and civil remedies, providing resources for protective and support services for survivors, providing gender-sensitive training to City employees and the larger Toledo community, providing resources for rehabilitation programs for perpetrators of violence against women or girls, and policy creation that protects women and girls from sexual harassment in their places of employment, school, public transportation, or any other place.
(c) The City shall take all measures to prevent and redress discrimination against women and girls in the field of health care to ensure high quality health care facilities and services and access to affordable healthcare coverage. This includes, but is not limited to, prenatal care, delivery, and post-natal care.
(d) The City shall take all measures to prevent and redress discrimination against women and girls in the area of education, including but not limited to, access to quality education across the lifespan and access to resources to make educational opportunities affordable and accessible.
(e) The City shall take all measures to prevent and redress discrimination against women and girls in the political sphere, including, but not limited to, representation in elected official positions at every level of government and other opportunities to engage civically in the political process.
(Ord. 95-22. Passed 3-15-22; Ord. 234- 24. Passed 5-22-24.)
(a) Establishment. A Gender Equity Commission is hereby established. The Commission shall report to the Mayor. The City will employ a Gender Equity Manager to lead and manage the Commission. The Commission in coordination with the Director of the Department of Human Resources and the Director of the Department of Diversity, Equity and Inclusion shall develop a job description and define the position of the Gender Equity Manager within six months of the effective date of this chapter.
(b) Purpose. The Commission shall be designated as community advisory body of CEDAW in the City. The Commission is established to:
(1) Advise on the impact of all government policies and programs on women and girls;
(2) Monitor the situation of women and girls comprehensively in recognition of the interconnectedness of discrimination based on gender, race and other social criteria;
(3) Help formulate recommendations for new policies, strategies, and measures to eliminate discrimination;
(c) Powers and duties. The Commission shall have all powers and duties enumerated within this chapter.
(1) The Commission shall provide support for the gender equity analysis facilitated by the City.
(2) The Commission shall, based upon the equity disparities identified in the analyses, provide recommendations, bring in community or subject matter experts, identify best practices, etc. through the Gender Equity Manager.
(3) The Commission shall work with the Gender Equity Manager as they monitor and guide the departments in implementation of the Departmental Action Plans.
(4) The Commission shall work with the Gender Equity Manager to draft recommendations in the five-year City-wide Action Plan.
(5) The Commission shall work with the Gender Equity Manager to ensure that the Departmental and City-wide Action Plans are consistent with the intent, purpose, and requirements of CEDAW.
(6) The Commission shall produce annual reports to the Mayor and City Council.
(7) The Commission shall make annual funding recommendations based on community needs to the Mayor and City Council through the Gender Equity Manager.
(8) The Commission shall seek outside sources of funding to supplement Gender Commission activities.
(d) Membership and organization.
(1) The Commission shall consist of fourteen (14) members each appointed by the Mayor and confirmed by City Council, as follows:
(A) One member representing City Council;
(B) The Gender Equity Manager;
(C) Twelve members from the community to include:
(i) Two members representing the Toledo for CEDAW Steering Committee on the Commission's initial composition, thereafter two members shall be appointed from the community, one knowledgeable about health issues and the other with general knowledge of women and girls' issues;
(ii) Two members shall be knowledgeable about international human rights and be knowledgeable about CEDAW;
(iii) Two members shall be knowledgeable about the intersectionality of women and girls' issues and race, poverty, immigration status, disability, gender identity, and sexual orientation;
(iv) Two members shall be knowledgeable about the intersectionality of women and girls' issues and race, poverty, immigration status, disability, gender identity, and sexual orientation;
(vi) One member shall be knowledgeable about economic development, including employment issues;
(vii) One member shall be knowledgeable about violence against women and girls;
(viii) One member shall be a youth under age eighteen (18) at the time of appointment; and
(ix) Three at-large community members, selected based on the needs and focus of the Commission at the time of appointment.
(2) All appointed members of the Commission shall serve at the pleasure of their appointing authorities. The initial composition of community members appointed by the Mayor and subject to confirmation by City Council will include three members appointed to one-year terms, two members appointed to two-year terms, and two members appointed to three-year terms. All other members, and community members appointed thereafter, shall be appointed for three-year terms.
(3) The Commission will annually elect one member to serve as Chair and three additional members to serve with the Chair as an Executive Committee.
(e) The Commission process.
(1) The Commission shall meet in regular session monthly and shall conduct its first meeting no later than 30 calendar days after its members are appointed.
(2) Meetings of the Commission shall be public and shall be advertised in a manner designed to ensure full and meaningful public participation in Commission decisions.
(3) The Commission shall also provide a mechanism through which interested persons may request timely notification of regular and special meetings, which shall include, at a minimum, a summary of the matters that will be under consideration.
(4) The Commission shall allow for public comment on matters up for deliberation at each public meeting, and shall make publicly available a summary of actions taken at each meeting within seven days.
(f) Attendance requirement. In the event that any community member misses three regularly scheduled meetings of the Commission without prior notice to the Commission, the Chair shall certify in writing to the Mayor that the member who missed three meetings. On the date of such certification, the member shall be deemed to have resigned from the Commission. The Chair shall then request the appointment of a new member.
(g) Donations; gifts. The Commission is authorized to solicit and accept donations and gifts for the express purpose of realizing the goals and objectives of this chapter. Any and all donations or gifts received shall be deposited in the CEDAW Trust Fund in the Department of Finance. Disbursements from this Fund shall be made by the Director of Finance upon presentation of proper vouchers from the Commission Chair with the concurrence of the Mayor.
(h) Budget. The Commission shall make recommendations for programming priorities to be considered by the Gender Equity Manager as part of the City's annual budget process. The budget shall be submitted to City Council for approval.
(i) Expenses. Expenses for operation of the Commission shall be met by such appropriations as made by City Council in accordance with the budget. Expenses may also be met by contributions from outside sources as are made for such purposes.
(Ord. 95-22. Passed 3-15-22; Ord. 395- 22. Passed 8-16-22; Ord. 65-23. Passed 2-21-23; Ord. 234-24. Passed 5-22-24.)
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