Louisville Metro Government  
Action Summary - Final  
Labor and Economic Development  
Committee  
Chair Pat Mulvihill (D-10)  
Vice Chair Anthony Piagentini (R-19)  
Committee Member Tammy Hawkins (D-1)  
Committee Member Donna L. Purvis (D-5)  
Committee Member Robin Engel (R-22)  
Committee Member Khalil Batshon (R-25)  
Committee Member Brent Ackerson (D-26)  
(Vacancy)  
Tuesday, January 24, 2023  
3:00 PM  
Council Chambers/ Virtual  
THIS MEETING IS BEING HELD VIA VIDEO TELECONFERENCE / THIS IS CONSIDERED  
A SPECIAL MEETING.  
Call to Order  
Chair Mulvihill called the meeting to order at 3:00 p.m.  
Roll Call  
Note: All committee members and non-committee members present attended  
in Chambers except for Committee Member Purvis, Committee Member Engel,  
Committee Member Ackerson, Council Member Arthur and Council Member  
Chambers Armstrong.  
7 -  
Present:  
Committee Member Tammy Hawkins (D-1), Committee Member Donna L. Purvis  
(D-5), Chair Pat Mulvihill (D-10), Vice Chair Anthony Piagentini (R-19), Committee  
Member Robin Engel (R-22), Committee Member Khalil Batshon (R-25), and  
Committee Member Brent Ackerson (D-26)  
Non-Committee Member(s)  
Council Member Jecorey Arthur (D-4), Council Member Cassie Chambers  
Armstrong (D-8) and Council Member Dan Suem (D-13)  
Support Staff  
Clerk(s)  
Kathryn Meador, Jefferson County Attorney's Office  
Jason Fowler, Jefferson County Attorney's Office  
Olivia Bennett, Assistant Clerk  
Sonya Harward, Clerk  
Pending Legislation  
1.  
AN ORDINANCE AMENDING LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”)  
CHAPTER 39 TO REQUIRE ORGANIZATIONS RECEIVING INCENTIVES, BENEFITS, OR  
CONTRACTS FROM LOUISVILLE METRO GOVERNMENT TO REPORT INSTANCES OF  
WORKPLACE SEXUAL HARASSMENT AND PROHIBITING THOSE ORGANIZATIONS  
FROM ENTERING INTO CERTAIN TYPES OF NON-DISCLOSURE AGREEMENTS THAT  
ARE CONTRARY TO THE PUBLIC INTEREST.  
Primary Cassie Chambers Armstrong (D-8) and Primary Jecorey Arthur (D-4)  
Sponsors:  
Attachments:  
A motion was made by Vice Chair Piagentini, seconded by Committee  
Member Purvis, that this Ordinance be recommended for approval.  
The following spoke to this item:  
- Chair Mulvihill  
- Council Member Chambers Armstrong  
- Council Member Arthur  
- Kathryn Meador, Jefferson County Attorney's Office  
- Vice Chair Piagentini  
- Committee Member Batshon  
The following was discussed:  
- This Ordinance is designed to combat the rise in sexual harassment and  
sexual assault in Louisville  
- This Ordinance prohibits any organization, business or non-profit that  
receives tax payer money of $50,000 or more and incentives from Metro  
Government from entering into non-disclosure agreements that would cover  
up workplace sexual harassment and/or sexual assault -- If companies violate  
the prohibition stated in the contract they must pay Metro Government a fine of  
10 percent of the financial incentives they receive  
- There are 17 other states that have restricted these types of non-disclosure  
agreements -- 4 states have entirely banned non-disclosure agreements all  
together  
- Congress passed the Speak Out Act in December 2022  
- Referenced the attachment document titled "King Spalding Full Report to  
USSF 1-23-23.pdf" in regards to an incident that occurred within Louisville's  
soccer institution and briefly reviewed some of the recommendations the  
report offers  
- It was asked whether the sponsors filed this Ordinance in conjunction to the  
attached report or in conjunction with Economic Development -- this  
Ordinance was drafted based on California, New Jersey and Washington laws  
- It was asked whether there is an existing bill in Kentucky that has been  
pre-filed or filed regarding this same issue -- the Jefferson County Attorney's  
Office is not aware of any legislation that has been pre-filed or filed in regards  
to this issue in Kentucky  
- It was confirmed that the reporting requirements established in this  
Ordinance is an annual report required for anybody who is considered a  
covered entity  
- It was asked how the Office of Equity would process this reporting -- though  
there are all genders who experience workplace harassment, it is  
predominately women and having the report concentrated in an office that  
deals mainly with equity issues would be preferred  
- It was asked whether the violation of the law would result in a 10 percent fine  
or whether the failure to comply with the reporting requirements would result  
in the 10 percent fine -- this Ordinance is a transparency measure, where  
companies are required to disclose that an incident occurred and that the  
employer cannot prohibit the employee from sharing their experience  
- In 2022, there was a bill introduced in the General Assembly by McKenzie  
Cantrell  
- It was stated that the budget cycle that Metro Government is currently in has  
dozens of institutions that grants were provided through external agency funds  
-- it appears that only a few of these institutions would need to report due to  
the reporting requirements stated in the Ordinance -- examples of these  
institutions were provided  
- It was asked whether this Ordinance is limited to organizations that do  
business with Metro Government -- Yes, this is the only authority that Metro  
Council has under state law -- Congress however just passed a bipartisan law  
addressing non-disclosure agreements which passed unanimously in Senate  
- The need for non-disclosure agreements was discussed in order to protect  
companies from disgruntled employees  
- Questions were asked regarding how this Ordinance is limited to only sexual  
harassment when discussing the banning of non-disclosure agreements all  
together -- page 4, Section III, in the Ordinance was referenced  
- Private entities that do business with Metro Government are not subject to  
Open Records Law and therefore this Ordinance would apply to those  
businesses as Metro Government entities are not allowed to have  
non-disclosure agreements  
A motion was made by Vice Chair Piagentini, seconded by Committee  
Member Engel, that this Ordinance be tabled.  
The motion to table carried by a voice vote.  
2.  
A RESOLUTION APPROVING THE GRANTING OF LOCAL INCENTIVES TO  
CONFLUENT HEALTH, LLC AND ANY SUBSEQUENT ASSIGNEES OR APPROVED  
AFFILIATES THEREOF PURSUANT TO KRS CHAPTER 154, SUBCHAPTER 32.  
Primary Anthony Piagentini (R-19)  
Sponsors:  
Attachments:  
A motion was made by Committee Member Batshon, seconded by Committee  
Member Purvis, that this Resolution be recommended for approval.  
The following spoke to this item:  
- Chair Mulvihill  
- Jake Medley, Economic Development  
The following was discussed:  
- Confluent Health is a family, physical and occupational therapy company  
transforming health care through workplace wellness and injury prevention  
- In January 2022, the company began a $13M relocation and expansion of  
their corporate headquarters, located at 1650 Lyndon Farm Ct. in District 18  
- Confluent Health's goal was to create 350 new full-time jobs within a 10-year  
period  
- Confluent Health has deployed their project investment, commenced hiring,  
and is requesting final approval of their Kentucky Business Investment (KBI)  
incentives which is 1 percent of the wage assessment from Louisville Metro  
- The Department of Economic Development is supportive of this incentive  
The motion carried by a voice vote and the Resolution was sent to the Consent  
Calendar.  
Adjournment  
Without objection, Chair Mulvihill adjourned the meeting at 3:32 p.m.  
Note: Items sent to the Consent Calendar or Old Business will be heard before the full Council at  
the Metro Council meeting on February 2, 2023.