hold Ordinance #5728. The motion failed by a roll call vote:
Yes: 2 - Jalen Anderson, Jeanie Lauer
No: 6 - Donna Peyton, Megan Marshall, Manuel Abarca IV, Venessa
Huskey, Charlie Franklin, and DaRon McGee
Abstain: 1 - Sean Smith
Jeanie Lauer, County Legislator, asked for clarification as to which
substitute was under consideration. She inquired if this vote is regarding
Floor Substitute II. Manual Abarca IV said yes. Ms. Lauer asked the
sponsor to state the revisions. Mr. Abarca deferred to the County
Counselor. Jay Haden, Chief Deputy County Counselor, said to ignore the
previous document titled Floor Substitute I. Floor Substitute II eliminates a
previous sub-paragraph 5575.3 relating to First Amendment and freedom
of religion issues. That is no longer in this ordinance. It also eliminates
any reference to training and education. Now the section just has a notice
requirement. Those are the two substantive changes. Subsections were
also renumbered.
Jeanie Lauer inquired of the sponsor about the notice requirement. She
asked how he anticipates the County would accomplish the notice
requirement. Mr. Abarca said the same way the County fulfills any notice
requirement, publish in the newspaper. Ms. Lauer asked how often would
this run? Mr. Abarca stated it would be published one time. Ms. Lauer said
many people, therapists, school counselors would not see just one notice.
Mr. Abarca said the goal was to accommodate some of the objections
listed by other legislators from the discussion last week in hopes of
bringing together a more congenial effort to bring folks to the table. Mr.
Abarca said the draft of the ordinance is to provide some level of notice to
those impacted by the new law.
Jeanie Lauer asked about including a fiscal note since this notice
requirement could be an additional cost to the County and staff resources.
She said it also seems this gives an unfair advantage when some groups
are required to receive notice, but other groups do not have that
requirement. This could be construed as to giving notice to “bad actors” of
a penalty provision, whereas the County does not give such notice to other
“bad actors” such as burglars, domestic violence offenders, or other
groups and criminals. It seems inconsistent with the intent.
Megan L. Marshall asked for clarification form the County Counselor
about the notice requirement. Her interpretation is this section requires
notice to the citizens of Jackson County, not specifically providers. Bryan
Covinsky, County Counselor, said the section states, ” The County shall
provide notice to ensure awareness of this section to Providers and other
persons who may be subject to this section in order to ensure that they are
aware of the potential harms of Conversion Therapy.” Mr. Covinsky said,