Public Policy Toolkit

8/14/2019 Public Policy Toolkit

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Table of Contents

Letter from Nadine Smith, CEO, Equality Florida .................................................. 1

Section One: Legislative

I. Human Rights Ordinance ...................................................................................... 2

II. Domestic Partnerships ..........................................................................................4

III. Equal Benefits Ordinance..................................................................................... 6

IV. Tax Equity Policy ..................................................................................................... 8

V. Safe Schools Policy ................................................................................................10

VI. Campaign Timeline ..............................................................................................11

VII. Lobbying 101 ........................................................................................................13

Section Two: Executive

Working with Your Mayor ........................................................................................16

Section Three: Model Language

Human Rights Ordinance ........................................................................................17

Domestic Partnership Registry ..............................................................................17

Equal Benefits Ordinance ........................................................................................17

Tax Equity Policy .........................................................................................................17

Safe Schools Policy ....................................................................................................17


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Dear Reader,

Im thrilled to bring you the first addition of the Pro-LGBT PolicyToolkit. Our team developed this toolkit as a resource for Floridians who

want to create change in their community and help to make the world

a more fair place for LGBT people.

Since Equality Florida was first formed in 1997, we have seen a lot

of changes in our state. From Anita Bryant to the Johns Committee, the

Sunshine state has seen its share of dark days, but the tide is turning

because of the hard work of thousands of people who know we can do

better.

Equality for LGBT people in Florida has never enjoyed more support

than right now. Over the last three years in particular, we have seen doz-

ens of pro-equality policies pass on the local level, and many more com-

munities are interested in passing their own.

You are reading this toolkit because you are interested in passinga policy in your community. First let me say congratulations, you have

already done the most important part, deciding that change needs to

happen, and that you are going to be an agent of that change.

I hope this toolkit gives you guidance, but please know our help

does not stop here. Our team is available to help provide model lan-

guage, campaign strategy, lobby training or volunteer recruitmentwhere needed, just let us know how we can help.

Until Equality Is Ours,

Nadine Smith

CEO, Equality Florida

PS. Pro-equality policies are developing so quickly at the local level, so make sure

you have the most updated version of this document.


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Section One: LegislativeI. Human Rights Ordinance

What is an HRO?

An HRO is a Human Rights Ordinance. A Human Rights Ordinance is apolicy passed on the local level (city or county) to prohibit discriminationbased on certain characteristics. These policies often ban discrimination

in housing, public accommodations, and employment. HRO policies mostoften ban discrimination based on race, religion, sex, disability, ethnicity,national origin and marital status.

A growing number of cities and counties are including sexual orien-tation and gender identity and expression in their policies. They under-stand that it is important to include lesbian, gay, bisexual and transgender(LGBT) people in non-discrimination laws. A large part of the work we doat Equality Florida is to work with teams in communities all across the state

to ensure LGBT people are covered under these laws. In fact, a majority ofFloridians now live in a municipality that includes LGBT people in its non-discrimination laws.

QUICK NOTE:

It is important to do research about what laws already exist in yourcommunity. Some communities already have HRO policies that includeother categories, but leave out sexual orientation and gender identity andexpression. In that case you will need to work your bill sponsor to includethose categories in pre-existing law. In other cases, your municipality maynot have any nondiscrimination laws already in place, so your team willneed to work with your sponsor to develop a new law.

Important Definitions

When working on policy that we want to become law, it is vital that thecorrect definitions and wording are included. Thats why we have devel-oped model definitions for key terms that will appear in your policy. Usingour recommended definitions will help ensure that there are no unintend-ed consequences as a result of the policy that might actually do harm toour community.


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II. Domestic Partnerships

What is a domestic partnership registry?Domestic partnerships (DP) grant certain health-care, child care and burialrights to committed couples who are not married. A registry is a term forthe mechanism through which these rights are afforded. Typically, eligiblecouples fill out forms through the Clerk of Court in their City, pay a nominalfee and are then registered and recognized by that municipality. Registriesafford domestic partners the rights and responsibilities afforded to marriedcouples within that jurisdiction. Domestic partnerships are not recognizedby the federal government, or the state of Florida and have no bearing ontaxes or federal benefits.

Important Definitions

It is important to be clear who may qualify as a domestic partner. How thedefinition of domestic partner is written can greatly affect who is eligiblefor the registry. At Equality Florida, we believe domestic partnerships are aviable option for all couples, both opposite-sex and same-sex, who cannot,or choose not, to be married. It is also important not to create too manyunreasonable burdens for couples who wish to register and to ensure do-mestic partners face no more barriers to registering their relationship thana couple would face when choosing to marry. Below is the recommendeddefinition for who qualifies as a domestic partner. (Taken from the BrowardCounty registry, created in 1999.)

n Each party is at least 18 years old and competent to contract

n Neither person is married, nor a partner to another domestic partner-ship relationship

n Consent of either person to the domestic partnership relationship hasnot been obtained by force, duress, or fraud.

n Each person agrees to be jointly responsible for each others basic food

and shelter


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Good to know!n Lots of places in Florida are already doing it.More and more places

are learning the benefits of offering domestic partnerships. In Floridaplaces like Broward County, Miami Beach, Gainesville, Miami DadeCounty, Palm Beach County, Tavares, Leon County, St. Pete, Tampa,Sarasota, Orlando, Orange County and Volusia County offer domesticpartnership registries.

n The cost for creating a registry is minimal.Cities and counties thathave these policies say their only cost is the administrative cost for pa-per for the certificates.


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III. Equal Benefits Ordinance

What is an Equal Benefits Ordinance?

n An Equal Benefits Ordinance (EBO) requires businesses that contractwith the city to treat employees with domestic partners the same waythey treat married employees. If a company provides benefits to thespouses of their married employees, they would be required to providethe same benefits to an employees domestic partners if they wish to

do business with the city. Benefits might include bereavement leave,access to health care plans and family medical leave.

n EBOs do not add new financial burdens for businesses, they simply re-quire that companies treat married employees and employees in do-mestic partnerships equally in terms of the benefits they provide. If acompany does not currently provide benefits to the spouses of theiremployees then they are not required to provide benefits to the do-mestic partners of their employees.

n EBOs have a proven track record of success in Florida and across thecountry. In recent years EBOs have been adopted as state law in Califor-nia, and in the cities of San Diego, San Francisco, Los Angeles, Olympia,Minneapolis, Portland and Atlanta. In Florida, Miami Beach, HallandaleBeach, Key West, Oakland Park and Broward County have passed EBOs.

Why EBOs are important:

n It is available, it typically costs the company nothing, and domesticpartners need these protections for the same reason married couplesdo - to take care of their loved ones.

n By and large this policy wont cost employers a penny. And under thispolicy, no company would be required to change insurance carriers.

n It wont cost anything extra to a company that does not pay for benefits

for their employees spouses. And it wont impact companies that donot want a contract with the city.

Williams Institute Study: EBOs have almost no costs, are generallyembraced by contractors, and have a positive economic impact on thecommunity.


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IV. Tax Equity Policy

Why are tax equity policies needed?

When employees receive healthinsurance coverage from their em-ployers for their families, the majorityof their employers contribute at leasthalf of the insurance coverages cost.For opposite sex couples, employersare not required by state or federallaw to report their contribution totheir employees taxable wages earned- health insurance coverage is ex-cluded from that employees gross income.

For employees in domestic partnerships, the employers contributiontoward health care-coverage for the employees domestic partner must bereported as taxable wages earned resulting in the employee taking home

less pay. On average, employees in domestic partnerships pay $1,069more per yearin taxes than their married counterparts.1

What can employers do to address this inequity?

Employers that are committed to fairness in the workplace, and wishto provide equal pay for equal work to all employees are able to addressthis inequity. Employers must ensure that all employees have equivalent

post-tax incomes.To do this employers gross up, which is the practice of increasing pre-

tax income so that all post-tax incomes are equitable. Essentially, grossingup provides for equal pay for equal work.

In fact, employers in the public and private sector are working to fix thisinequity and ensuring all of their employees are treated equally. Accord-ing to the Human Rights Campaign thirty two private sector employees,including major corporations like Googleand Facebook gross up their

employees salaries. Cities like Miami Beach, Wilton Manorsand Hallan-dale Beach,Florida have also enacted such policies. Recently, the OrangeCounty and the Palm Beach County tax collector offices added their ownpolicies.

1According to the Human Rights Campaign


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Who is a Dependent Domestic Partner for Pre-Tax Health Coverage?

IRS Publication 501 contains information on how to determine a de-pendent. In general, the following conditions must be met (in additionto meeting the City of Miami Beachs domestic partner eligibility require-ments) for a domestic partner to qualify as a tax dependent for pre-taxhealth coverage purposes under federal tax law.

n Employee and employees domestic partner have the same principalplace of abode for the entire calendar year;

n Employees domestic partner is a member of employees household for

the entire calendar year (the relationship must not violate local law);n During the calendar year, employee provides more than half of the do-

mestic partners total support;

n Employees domestic partner is not employees (or anyone elses) quali-fying child under Code 152(c); and

n Employees domestic partner is a U.S. citizen, a U.S. national, or a resi-dent of the U.S., Canada, or Mexico.

Note that the employees domestic partner could be the employeesfederal tax dependent for health coverage purposes even if the employeedoes not claim an exemption for him or her on the employees Form 1040.The City of Miami Beach will also consider the employees different-sexdomestic partner to be the employees federal tax dependent for healthcoverage purposes if he or she meets the above requirements for the firstportion of the year, then the employee marries, and he or she remains theemployees legal spouse for the remainder of the year.


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V. Safe Schools Policy

What is a safe schools policy?A safe schools policy is an anti-

bully and anti-harassment policy forstudents, faculty and staff in schoolsthat includes an enumerated cat-egory of prohibited types of bullyingand harassment. These policies areintended to keep all students pro-

tected and safe while at school.

Why do safe schools policies need enumerated categories?Cant we just ban bullying?

Enumeration means to list the characteristics that research shows aremost often the subject of bullying and harassment, including race, religion,sexual orientation, national origin, disability and gender identity or expres-

sion. By listing specific types of bullying and harassment that are prohib-ited, it ensures our most vulnerable students are protected.

Enumeration also provides teachers and administrators with the toolsthey need to implement anti-bullying and harassment policies, making iteasier for them to prevent bullying and to intervene when incidents occur.

The Supreme Court of the United States noted in Romer v. Evans thatenumeration is the essential device used to make the duty to discriminate

concrete and to provide guidance for those who must comply. (Romer v.Evans 517 U.S. 620)

Many school districts in Florida have fully inclusive safe schoolspolicies. They include

Alachua County Broward County Clay County

Gadsden County Hardee County Hillsborough County

Leon County Liberty County Madison County

Miami Dade County Monroe County Nassau County

Okaloosa County Orange County Palm Beach County

Pinellas County Polk County Volusia County


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VI. Campaign Timeline

Now that you have all the background info, its time to start putting to-gether the campaign to pass a local policy your community. Here are keyelements important to passing your policy:

n Put together your team.The first step in any campaign is to put to-gether the team that is going to help you. Think of a few people (5-10)that will be dedicated to passing the policy. The most important qualityof each of your teammates is commitment, but also think about whatvoices will be helpful. For instance, someone with a faith background

might be important, or if your community has a large Hispanic popula-tion; someone who is a leader in the Hispanic community could be keyto moving the process forward. Think of key stakeholders who mightbe important for lawmakers to hear from.

n Do your research.Its important to know exactly the climate you areworking in before you start, that way you and your team are better ableto plan your strategy.

n What laws already exist?Does your community already have an HROand you are adding to it, or do you need to create new law altogether?You can often check by calling the city and asking them. Be sure theysend you a copy of whatever laws may already exist.

n Know the process for passage.Once you understand what law youneed to push for, you need to know how to pass that law. Many times,passing policies require two hearings by the full commission, but notalways. Some policies can be passed on a consent agenda (lawmakers

dont vote on individual items, but vote in a large block).n Know your lawmakers.Once you understand passage, its important

to understand who you are working with. Do some research on each ofthe members of the commission. Have they ever voted on LGBT legis-lation in the past? Or other social issues that might indicate how theywould vote on your issue? What affiliations do they have? Search forclues on how friendly a legislator may be to the cause.


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n Take a vote count.When you understand more about your lawmakersyou can form a vote count, or an estimate of how many votes you think

you have, and how many you think you need to get a majority. If yourcommission has 5 members, you need 3 votes. Divide up the commis-sion into Yes Votes, No Votes and Swing Votes, people you think youmight be able to convince. It is important to make an honest assess-ment, that way your team can make a realistic plan for success.

n Find a sponsor. Identify the most friendly person on your commissionor council, and set a meeting with them. Tell them about the issue, andwhy your community needs it, and ask them to sponsor the policy. Ifthey agree, talk to them about your vote count and see if they haveinput as to how their colleagues would vote. Also, make sure to discussyour understanding of the process for passage and confirm it is correct.

n Set a timeline.Once you get input from your sponsor, you and yourteam should set a timeline for passage depending on the process forpassage and how much time you estimate it will take to get a majorityof the commission on board. While it is ok for a plan to change, make

sure you set measurable goals and deadlines for your team. That wayyou will ensure the process moves forward and doesnt stall.

n Round up your yes votes.Once you find a sponsor and set a timeline,its time to get the other members of the commission on board. Setmeetings with the lawmakers you thought would vote Yes and presentthem with all of the information and ask how they would vote.

n Educate your swing votes and turn them into yeses. After you getyour yes votes on board, go to the swing votes and work on making

them yes votes. Set a meeting with them and present your case. Thisshould be primarily an information gathering meeting. Let the lawmak-er do a lot of the talking and try to get a read on where they are on theissue. If they still seem on the fence, decide what you think would pushthem to a yes. Will hearing from hundreds of their constituents convincethem? Or hearing from business leaders who support LGBT inclusion?

n Public Education.Its important to make sure your community is readyfor such a change. Decide what ways you can educate your community

on the issue, for instance by placing an op-ed in the local paper thatexplains why the issue is important. Reach out to groups that you thinkwould support the policy change and bring them into the loop.

n Getting the item on the agenda.Once you have a majority supporton the commission, talk to your sponsor about getting the item on theagenda and prepare for a final vote on the issue.


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n Turning out supporters. When you know the exact date and time theitem will be on the agenda, start reaching out to your supporters and

try to get them to the meeting. It will be important for legislators to seethere are lots of people in the community who support adding LGBTpeople to the local nondiscrimination law or creating a domestic part-nership registry. Often we ask our supporters to wear a color so theyare easily identifiable in the commission chambers. Red is a color thathas been used in several communities throughout the state.

n Celebrate!

VII. Lobby Training 101Having a face-to-face meeting with a lawmaker is one of the most ef-

fective things a concerned citizen can do. This is intended to be a guide tothe general structure of a lobby visit and building out your team.

Once you have a commissioner or council person who will sponsor theproposed ordinance its important to begin meeting with the other mem-

bers of the body to secure enough votes for passage. Remember, you wantstrategize with your sponsor as to which other members are most likely tobe supportive. Start with those members first, and then move on to folksyou think may be on the fence.

Lobby Tips!

n It is not necessary for you to be a technical expert about every aspectof the bill. What is important is for you to be a human face to these im-portant issues.

n If a lawmaker asks you a question you dont know how to answer, thecorrect response is I dont know, but I can ask someone who does andhave them follow up with you. If you are asked a question you do notknow the answer to, please e-mail Equality Floridas Public Policy Direc-tor at [email protected] and she will help get an answer for you.


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n Dress appropriately. When having a meeting with a lawmaker it is im-portant to dress professionally. Button up shirts, slacks, knee length

dresses and closed toed shoes are examples of appropriate clothing. Itis permissible to wear group or organizational t-shirts.

n Be polite but firm. Always be polite and respectful when talking to alawmaker. Sometimes you may get a lawmaker who obviously disa-grees with you. Be firm in getting your point across but never be rude.

n Dont be intimidated. Remember, you have every right to talk to themabout the issues that are important to you.

n Be nice to the lawmakers aides. They run the show!

Step-by-Step Lobby Visit

1. Introduce yourself; if you are a constituent of theirs be sure to tell them.

2. Give background on the problem you are there to talk about.

3. If you have one, tell a personal story about how a law, or lack of a law,affects you or someone you know.

4. Deliver important talking points about the proposal. Key things tomention: if other places in Florida or businesses are already doing this;if there is a minimal fiscal impact; if this ordinance will help attract morebusinesses to the area.

5. Give them the solution to the problem. Tell them by supporting or vot-ing for a particular bill they can remedy the problem.

6. Ask them point blank, Will you support the proposed ordinance by[sponsors name]?

7. If they have questions you cannot answer, tell them you will get backto them. Write it down and send it to [email protected] and we will getback to them.

8. Thank the lawmaker (always shake hands) and if there is follow up askwhen you should follow up.

9. Let the rest of your team (the ones who may not have been in the visit,including your EQFL staff contact) know how the visit went!


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Your Lobby Team

There is a role for everyone on your lobby team. Decide as a team who willfill each role.

1. The Greeter.This person takes lead on greeting the legislator and in-troducing everyone in the group.

2. The Scribe/New Media Guru. The scribe takes notes in the meetingand ensures that everyone gets copies of it after the visit

3. The Story Teller.If someone has a personal story with discrimination

this person should tell their story in 2-4 minutes to put a human face onthe issue.

4. The Bill Expert.This person should feel comfortable with talking aboutthe proposed ordinance. The Bill Expert will give a brief summary of theproposal and deliver the talking points.

5. The Closer. After your team describes the bill and shares a personalstory, the Closer asks the legislator to support the bill. The Closer says,

Does this sound like a bill you can support? If the legislator seemssupportive, ask, Will you co-sponsor this bill?


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Section Two: ExecutiveWorking with your Mayor

There are many policies a Mayor can put into place, without legisla-tive action, to create a more friendly environment for LGBT employees, andsend a signal about the citys commitment to diversity.

If you have a friendly Mayor, you may want to work with her or him toenact the full range of pro-equality policies within their power. Here is achecklist of policies most Mayors will be able to enact:

1. Ensure that the nondiscrimination policy for city employees explicitlyincludes both sexual orientation and gender identity.

2. Include domestic partners in Family Medical Leave Act (FMLA) medicalleave provisions.

3. Ensure that diversity training for city employees includes LGBT people.

4. Form a LGBT Council or a Diversity Council, following the model of oth-er similar councils (example Hispanic Council).

5. Establish and LGBT liaison to the police chief.

6. Provide transgender inclusive health care for city employees.

7. Enact a procurement policy that requires contractors with the city tohave a nondiscrimination policy that includes LGBT people; and re-quire the contractor to provide the same benefits to domestic partners

that are provided to married couples.

If your Mayor has expressed interest in working to make your city orcounty LGBT inclusive, schedule a meeting with the Mayor, or staff and gothrough the checklist above to see which items (or all) that they would bewilling to pursue.

For help scheduling a meeting with your Mayor, or for questions,please contact [email protected].


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Section Three:

Model LanguageTo ensure your team has the best possible language, please use the fol-

lowing as example language to give to your bill sponsor. Using these triedand true policies will make sure your city or county has the most up to datelanguage that provides the best possible protections for LGBT people.

Human Rights OrdinanceVolusia County: http://library.municode.com/index.aspx?clientId=11665

Domestic Partnership RegistryLeon County: http://image.clerk.leon.fl.us/finance/Ordinances/2013/ORD13-09.

pdf

Equal Benefits OrdinanceKey West: http://www.keywestcity.com/egov/docs/1330355237_337738.pdf

Tax Equity PolicyMiami Beach: http://library.municode.com/index.aspx?clientId=13097

Safe Schools PolicyBroward County: http://www.browardschools.com/SiteMedia/Docs/Schools/PDFs/Anti-BullyPolicy-5-9.pdf

For more information about any of the above policies, or for questionsabout starting a campaign in your area, please contact Mallory Gar-ner-Wells, Public Policy Director, at [email protected].


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(813) 870-3735 | www.eqfl.org

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