Rock River Township will be shifting its approach regarding a controversial Diversity, Equity and Inclusion (DEI) policy after receiving an opinion from the township attorney.
Roger Zappa, who serves as a civil and government attorney for numerous municipalities in Alger County, said that while a DEI policy can be added, it should be moved forward as a resolution and not as a part of the township’s master plan.
“Although it could be appropriate to insert a diversity, equity, and inclusion statement in a master plan, if such a statement has already been adopted by the township, a DEI policy should not originate with the planning commission or the master plan, in my opinion,” Zappa wrote in a four-page letter to the township.
Large crowds have gathered at township meetings for the last six months with people speaking positively and negatively of the proposed policy. It was originally listed as a part of a draft of the township’s new master plan, but was removed by the planning commission in a 3-2 vote. In the process of removing the DEI policy, the planning commission also removed any antidiscrimination language necessary to receive state and federal grants.
Discussion over the policy in past meetings have shown the desire by both sides to support diversity, inclusion and antidiscrimination language, but were still divided over the word “equity”. Rock River Township Trustee Rowan Bunce, who serves as the township board’s representative on the planning commission, said that those against the original DEI have been sending in potential alternative language which will be used to formulate a new policy.
“There’s been language submitted that can help us move forward with this by using the language everyone likes,” he said at the township’s regular monthly meeting on Tuesday, Nov. 15. “So we will strike the DEI from the (master plan) and work with the submitted antidiscrimination language.”
Members of the public that had previously spoken against the DEI due to concerns over equity asked that religious and veteran status be included in any antidiscrimination language moving forward. Both were originally included in the original DEI policy.
The township said that a DEI policy would be shifted towards a resolution based on Zappa’s opinion, but tabled the issue so new drafts could be written.
“This is a plan that moves forward with slightly different language, but having some kind of diversity and inclusion statement would be a good idea,” Rock River Township Supervisor Teri Grout said.
Zappa also addressed two previous issues raised by the public concerned about the impact of a DEI policy.
When the planning commission initially removed the policy, members voting against the DEI said the policy was redundant under state and federal constitutional rights. Zappa said that laws and judicial rulings primarily address these issues, citing the July 28, 2022 Michigan Supreme Court’s ruling to extend the state’s Elliot-Larsen Civil Rights Act to prohibit discrimination based on sex to include sexual orientation and gender identity.
“An argument could be made that there is some inherent redundancy in adopting a DEI policy. A counter-argument could be made, however, that despite these laws, discrimination continues to exist, and that a DEI statement may help reinforce an entity’s commitment to take a stance on this issue,” Zappa wrote.
Another question from the public was whether or not the adoption of a DEI would create a risk of litigation for the township. According to the attorney, the risk is less about the DEI and more about poor wording of a policy.
“(Liability) can occur in a poorly- worded DEI statement, especially if it promises protections that the entity cannot lawfully give, or that it cannot ultimately comply with,” he wrote.
