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Pennsylvania Code



Subchapter H. COUNCIL FOR SEXUAL MINORITIES


Sec.


5.91.    Policy.
5.92.    Composition of Council.
5.93.    Functions.
5.94.    Procedures.
5.95.    Duties of Agencies.

Source

   The provisions of this Subchapter H adopted October 22, 1976, 6 Pa.B. 2640, amended October 6, 1978, 8 Pa.B. 2711 unless otherwise noted.

§ 5.91. Policy.

 The council is established to work towards ending discrimination against persons because of their sexual or affectional orientation. There may be no discrimination by any Commonwealth department, board, commission or other official entity under the Governor’s jurisdiction, or any representative thereof, because of sexual or affectional orientation in hiring or employment, housing, credit, contracting, provisions of services or other matters whatsoever. Nothing, however, in this subchapter may be construed to require a review or statistical analyses of the composition of the work force or other class of persons affected hereby.

§ 5.92. Composition of Council.

 (a)  The Pennsylvania Council for Sexual Minorities shall be composed of not more than 37 members. The Attorney General, the Secretaries of the Departments of Health, Labor and Industry, Public Welfare and Education, the State Police Commissioner, the Secretary of Administration, the Commissioner of Corrections, the Executive Directors of the Pennsylvania Human Relations Commission and the Governor’s Council for Drug and Alcohol Abuse, and the Director of the Commission for Women, or a representative designated by them, shall serve as ex officio members. The remaining members will be appointed by the Governor from the general public.

 (b)  The Governor shall designate one member as Chairperson of the Council.

 (c)  Members of the Council shall serve for terms of 1 or 2 years as the Governor shall designate. The Governor shall fill vacancies which may occur.

 (d)  Members of the Council from the general public shall serve without salary but shall be reimbursed for necessary expenses incurred while attending official Council meetings and performing other official functions as the Chairperson, with the written approval of the Governor’s Office, shall prescribe.

§ 5.93. Functions.

 (a)  The Council shall study problems of sexual minorities and make recommendations to the Governor as to policy, program, and legislative changes needed to further the goal of obtaining equal rights for all persons.

 (b)  The Council shall work with State agencies to end discrimination against Commonwealth employes, clients, the general public and employes of firms which contract with the Commonwealth solely on the basis of their affectional or sexual preference.

 (c)  The Council shall work to educate State personnel and the public in general concerning problems and issues affecting sexual minorities. The Council shall outline plans for educating state employes concerning the problems of sexual minorities, review these plans with appropriate agency officials, develop timetables for their implementation, provide qualified speakers for educational seminars it shall organize, and evaluate the results of its programs.

 (d)  The Council is authorized to receive complaints from persons claiming that they have been the victims of discrimination for their sexual or affectional orientation. Where feasible, the complaints shall be referred to the appropriate agency for resolution. The Council shall compile a record of complaints received and their disposition. Agencies receiving the complaints directly will inform the Council of their nature and disposition.

§ 5.94. Procedures.

 (a)  The Council shall adopt rules of procedures consistent with the provisions of this subchapter. The rules shall, where appropriate, provide safeguards for the confidentiality of complaints.

 (b)  The Council shall convene for meetings or hearings at the call of its Chairperson. A majority of appointed members shall constitute a quorum for the purpose of conducting the business of the Council. A vote of the majority of members present shall be sufficient for all actions of the Council.

 (c)  The Council shall issue an annual report to the Governor.

§ 5.95. Duties of Agencies.

 Agencies under the jurisdiction of the Governor are hereby directed to cooperate with the Pennsylvania Council for Sexual Minorities, to supply the Council with information requested in order that goals of this subchapter may be realized, and to work with the Council to educate agency employes on the problems of sexual minorities. In addition, those agencies and departments not otherwise represented on the Council shall send a representative to Council meetings when so requested by the Chairperson.


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