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01

Office of the City Manager

CONSENT CALENDAR
July 16, 2019
To:

Honorable Mayor and Members of the City Council

From:

Dee Williams-Ridley, City Manager

Submitted by: Mark Numainville, City Clerk
Subject:

Referral Response: Berkeley Municipal Code Revision Related to the Use
of Gender Neutral Language

RECOMMENDATION
Adopt first reading of an Ordinance revising the Berkeley Municipal Code to include
gender-neutral pronouns by eliminating any gender preference language within the
Berkeley Municipal Code and amend Sections 1.04.020, 4.36.110, 4.38.110, 4.39.110,
and 11.08.050 regarding grammatical interpretation to indicate that whenever a gender
neutral personal pronoun is used, it shall be deemed to include the feminine and
masculine also.
FISCAL IMPACTS OF RECOMMENDATION
This update to the Berkeley Municipal Code is estimated to cost $600 and will be paid
from the City’s existing codification contract with Code Publishing Company (Contract
No. 9541A). Funds are allocated in the General Fund budget and will be paid from
budget code 011-32-312-000-0000-000-411-612990-.
CURRENT SITUATION AND ITS EFFECTS
This report partially responds to a two-part short term referral from the City Council that
originally appeared on the agenda of the March 12, 2019 Council meeting and was
sponsored by Councilmembers Robinson, Davila, Bartlett, and Droste. At the City Council
meeting of March 12, 2019 the City Council approved a recommendation to “develop and
return to Council with a procedural and financial plan to revise the Berkeley Municipal
Code to replace all instances of gendered pronouns with the singular “they,” and amend
Sections 1.04.020, 4.36.110, 4.38.110, 4.39.110, and 11.08.050 regarding grammatical
interpretation to indicate that whenever a gender-neutral personal pronoun is used, it shall
be deemed to include the feminine and masculine also.”
In response, the City Clerk Department has drafted an Ordinance (Attachment 1) that
incorporates the principal purpose of the referral. If approved, subject to final approval by
the City, the city's codifier, Code Publishing Company, has authority to degenderize the
Berkeley Municipal Code to update pronouns when appropriate and update future
ordinances by making changes such as the following:

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099
E-mail: manager@CityofBerkeley.info Website: http://www.CityofBerkeley.info/Manager

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Referral Response: Berkeley Municipal Code Revision
Related to Use of Gender Neutral Language

CONSENT CALENDAR
July 16, 2019

A. Gendered subject (he, she, etc.), object (him, her, etc.) and possessive (his,
hers, etc.) pronouns shall be replaced by a gender-neutral description of the
pronoun referent’s title of office, employment or descriptor. For example, where
a code section refers to a “Director” all subsequent gendered pronouns shall
be replaced by “the Director” in the subjective case, “that Director” in the
objective case and “the Director’s” in the possessive case.
BACKGROUND
Item 17 on the March 12, 2019 agenda, was submitted by Councilmember Robinson
regarding the use of gender-neutral language in city documents. The recommendation
was to refer to the city manager to:
1. Develop and return to Council with a procedural and financial plan to modify all
appropriate City forms to include an optional field for personal gender pronouns
(She/her, he/him, they/them, and space to specify other).
2. Develop and return to Council with a procedural and financial plan to revise the
Berkeley Municipal Code to replace all instances of gendered pronouns with the
singular “they,” and amend Sections 1.04.020, 4.36.110, 4.38.110, 4.39.110, and
11.08.050 regarding grammatical interpretation to indicate that whenever a
gender-neutral personal pronoun is used, it shall be deemed to include the
feminine and masculine also.
This report addresses the second half of the recommendation. The City Clerk Department
is responsible for maintaining and managing the official version of the Berkeley Municipal
Code and utilizes Code Publishing Company for the codification of the General
Ordinances.
According to Code Publishing Company, the Berkeley Municipal Code currently contains
mostly masculine pronouns. In recent years, broadening societal awareness of
transgender and gender nonconforming identities has brought to light the importance of
non-binary gender inclusivity.
In 2017, in recognition of the growing awareness, the California Legislature introduced
and passed Senate Bill 179 Gender identity: female, male, or non-binary, which was
signed into law and took effect in 2019. SB 179 provided for a third gender option on the
state driver’s license, identification card, and birth certificates. Locally, in early 2019, the
City of Berkeley extended an option to all employees to receive an employee name badge
with preferred pronouns printed alongside professional category.
The League of California Cities saw the need to develop a best practices guide for city
officials and city staff related to new state laws, policies, and practices that promote
inclusive workplaces. Included in the list of recommendations, is for municipalities to
replace all gendered terms within their Municipal Code with gender-neutral terms.

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Referral Response: Berkeley Municipal Code Revision
Related to Use of Gender Neutral Language

CONSENT CALENDAR
July 16, 2019

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with the
subject of this report.
RATIONALE FOR RECOMMENDATION
The proposed ordinance responds to a Council directive. Amending the municipal code
to include gender-neutral pronouns by eliminating any gender preference language within
the municipal code will promote equality.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments:
1: Ordinance
2: Original Referral Report from Councilmember Robinson

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ORDINANCE NO. X,XXX–N.S.
AMENDING THE BERKELEY MUNICIPAL CODE TO MODIFY ANY AND ALL
MASCULINE AND/OR FEMININE LANGUAGE TO GENDER NEUTRAL PRONOUNS
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code Section 1.04.020 is amended to read as
follows:
Section 1.04.020 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the City of Berkeley:
A. Gender. The masculine gender neutral pronoun includes the feminine and
masculineneuter genders, and the neuter gender includes the masculine and
feminine.
B. Pronoun SingularitySingular and plural. “They/them” shall indicate a singular
individual, unless the context indicates the contrary. In most cases, Tthe singular
number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and the future tenses and
vice versa, unless manifestly inapplicable.
D. Use of words and phrases. Words and phrases not specifically defined shall be
construed according to the context and approved usage of the language.
Section 2. That Berkeley Municipal Code Section 4.36.110 is amended to read as
follows:
Section 4.36.110 Gender.
"Gender." Whenever a personal pronoun is used in the neutralmasculine gender, it shall
be deemed to include the feminine and masculine also. “They/them” shall indicate a
singular individual, unless the context indicates the contrary.
Section 3. That Berkeley Municipal Code is amended to read as follows:
Section 4.38.110 Gender.
"Gender." Whenever a personal pronoun is used in the neutral masculine gender, it
shall be deemed to include the feminine and masculine also. “They/them” shall indicate
a singular individual, unless the context indicates the contrary.
Section 4. That Berkeley Municipal Code is amended to read as follows:

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Section 4.39.110 Gender.
"Gender." Whenever a personal pronoun is used in the neutral masculine gender, it
shall be deemed to include the feminine and masculine also. “They/them”, shall indicate
a singular individual, unless the context indicates the contrary.
Section 5. That Berkeley Municipal Code is amended to read as follows:
Section 11.08.050 Construction of genders.
The neutralmasculine gender includes the feminine and masculineneuter; the feminine,
the masculine and neuter; the neuter, the masculine and feminine. “They/them” shall
indicate a singular individual, unless the context indicates the contrary.
Section 6. The pronouns throughout the municipal code are amended to promote genderneutral pronouns.
Section 7. Subject to final approval by the City, the city's codifier, Code Publishing
Company, has authority to degenderize the Berkeley Municipal Code and update
pronouns when appropriate and also includes the updating of future ordinances by
making changes such as the following:
A. Gendered subject (he, she, etc.), object (him, her, etc.) and possessive (his, hers,
etc.) pronouns shall be replaced by a gender-neutral description of the pronoun
referent’s title of office, employment or descriptor. For example, where a code
section refers to a “Director” all subsequent gendered pronouns shall be replaced by
“the Director” in the subjective case, “that Director” in the objective case and “the
Director’s” in the possessive case.
B. Table 1 lists commonly encountered titles of office, employment and descriptors. All
gendered pronouns within the BMC that refer back to a title of office, employment or
descriptor found in Table 1 shall be replaced by the subjective, objective or possessive
form of the that title of office, employment or descriptor, as the case may be. Table 1
is non-exhaustive and may be amended from time to time.

Table 1
Gendered Terms in Existing Code
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself

Common Non-Gendered Titles of Office,
Employment and Descriptors
The Agent
The Alternate member
The Applicant

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He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself

The Architect
The Assessor
The Attorney
The Candidate
The Chief officer
The Clerk
The Complainant
The Consignee
The Councilmember
The Dancer
The Dealer
The Declarant
The Department director
The Deputy
The Designee
The Detainee
The Director
The Driver
The Employee
The Engineer
The Entertainer
The Examiner
The Executive
The Executor
The Felon
The Fire Marshall
The Franchisee
The Franchisor
The Guarantee
The Guarantor
The Individual
The Inspector
The Investigator
The Leaver
The Lessee
The Lessor
The Licensee
The Lobbyist
The Manager
The Member
The Merchant

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He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself
He, She, Him, Her, Himself, Herself

The Mortgagee
The Mortgagor
The Offender
The Officer
The Official
The Operator
The Owner
The Pawn broker
The Permit holder
The Permittee
The Person
The Physician
The Principal
The Prisoner
The Probationer
The Promoter
The Public records officer
The Purchaser
The Respondent
The Secondhand dealer
The Seller
The Servant
The Sheriff
The Solicitor
The Sponsor
The Station manager’s
The Suspended person
The Tenant
The Trespasser
The Trustee
The Vendor

C. Each specifically gendered term identified in column A of Table 2, and which is also
found within the Berkeley Municipal Code, shall be replaced by the corresponding
non-gendered term identified in column B. Table 2 is non-exhaustive and may be
amended from time to time.
Table 2

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Gendered Terms Commonly Found
in Existing Code
“Bondsman”
“Brother”
“Chairman”
“Craftsmen”
“Fireman,” “Firewoman,” “Firemen,”
“Firewomen”
“Fraternal”
“Heirs”
“Journeyman”
‘Maiden”
“Male” and “female”
“Manhole”
“Manmade”
“Manpower”
“Manpower”
“Master”
“Men and women”
“Men or women”
“Ombudsman”
“Patrolmen”
“Policeman,” “Policewoman,”
“Policemen,“ “Policewomen”
“Pregnant” (woman, women)
“Repairman”
“Salesman”
“Sister”
“Sorority,” “Fraternity”
“Sportsman”
“The masculine pronoun includes the
feminine”
“Watchmen”

Non-Gendered Term Replacement
“Bonds-person”
“Sibling”
“Chair,“ “chairperson”
“Craftspeople,” “artisans”
“Firefighter,” “firefighters”
“Social”
“Beneficiaries”
“Journey”
“Family”
“People of different genders”
“Maintenance hole”
“Human-made” “Artificial” “manufactured”
“machine made” “synthetic”
“Human effort”
“Workforce”
“Captain,” “Skipper,” “Pilot,” “Safety Officer,”
“Central”
“People”
“A single gender”
“Ombuds, “Investigating Official”
“Patrol,” “Guards”
“Police Officer,” “Police Officers”
“Pregnant employees”
“Repairs,” “Repairer”
“Salesperson,” “Salespeople”
“Sibling”
“Collegiate Greek system residence”
“Hunters”
“Words referring to a specific gender may be
extended to any other gender”
“Guards”

Section 8. Copies of this Ordinance shall be posted for two days prior to adoption in the
display case located near the walkway in front of Council Chambers, 2134 Martin Luther
King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each
branch of the Berkeley Public Library and the title shall be published in a newspaper of
general circulation.

 Attachment 2

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17

CONSENT CALENDAR
March 12, 2019
To:

Honorable Mayor and Members of the City Council

From:

Councilmember Rigel Robinson

Subject:

Use of Gender Neutral Language in City Documents

RECOMMENDATION
Refer to the City Manager to:
1. Develop and return to Council with a procedural and financial plan to modify all
appropriate City forms to include an optional field for personal gender pronouns
(she/her, he/him, they/them, and space to specify other).
2. Develop and return to Council with a procedural and financial plan to revise the
Berkeley Municipal Code to replace all instances of gendered pronouns with the
singular “they,” and amend Sections 1.04.020, 4.36.110, 4.38.110, 4.39.110, and
11.08.050 regarding grammatical interpretation to indicate that whenever a
gender neutral personal pronoun is used, it shall be deemed to include the
feminine and masculine also.
BACKGROUND
In recent years, broadening societal awareness of transgender and gendernonconforming identities has brought to light the importance of non-binary gender
inclusivity. Therefore, it is both timely and necessary to make the environment of City
Hall and the language of city legislation consistent with the principles of inclusion.
In a commendable first step, as of February 2019, the City has extended the option to
all employees to receive a name badge with preferred pronouns printed alongside
professional category.
In continuing this trend, City staff should develop a timeline and financial plan for
implementing an optional field for personal pronouns on forms that are used by the
public or new employees. In all instances where such a form currently requires selection
of “Female,” “Male,” or “Decline to State,” this designation should be eliminated and
replaced with “She/Her,” “He/Him,” “They/Them,” or “Other ________”. Forms used by
the public or new employees which do not currently have a form for indicating gender
should be assessed to determine whether such a field should be added.
The five current Sections of the Berkeley Municipal Code regarding the interpretation of
gendered pronouns are inconsistently worded, and three are constructed with an

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7170 ● TDD: (510) 981-6903 ● E-Mail:
RRobinson@cityofberkeley.info

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[Title of Report]

CONSENT CALENDAR
March 12, 2019

exclusionary interpretation of gender as binary. Suggested amendments to correct
Sections 1.04.020, 4.36.110, 4.38.110, 4.39.110, and 11.08.050 are attached.
Additionally, all instances of personal pronouns throughout the Berkeley Municipal Code
should be changed to the neutral gender. Staff should develop a proposal to achieve
these changes which limits cost and additional use of staff time. For the Charter and
those parts of the Code requiring ballot measures to amend, future revisions placed
before the voters of Berkeley for other reasons should also include amendments to
adopt the neutral gender.
FINANCIAL IMPLICATIONS
Cost dependent on staff recommendation.
ENVIRONMENTAL SUSTAINABILITY
No impact.
CONTACT PERSON
Councilmember Rigel Robinson, (510) 981-7170
Mars Svec-Burdick, (510) 981-7170
Attachments:
1: Ordinance
2: Merriam-Webster Definition of “they,”

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5

ORDINANCE NO.

-N.S.

AMENDING THE BERKELEY MUNICIPAL CODE TO ADOPT GENDER INCLUSIVE
LANGUAGE
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code Section 1.04.020 is amended to read as
follows:
Section 1.04.020 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the City of
Berkeley:
A. Gender. The masculine gender neutral pronoun includes the feminine and
masculineneuter genders, and the neuter gender includes the masculine and
feminine.
B. Pronoun SingularitySingular and plural. “They/them” shall indicate a singular
individual, unless the context indicates the contrary. In most cases, tThe singular
number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and the future
tenses and vice versa, unless manifestly inapplicable.
D. Use of words and phrases. Words and phrases not specifically defined shall
be construed according to the context and approved usage of the language.

Section 2. That Berkeley Municipal Code Section 4.36.110 is amended to read as
follows:
Section 4.36.110 Gender.
"Gender." Whenever a personal pronoun is used in the neutral masculine
gender, it shall be deemed to include the feminine and masculine also.,
“They/them” shall indicate a singular individual, unless the context indicates the
contrary.
Section 3. That Berkeley Municipal Code is amended to read as follows:
Section 4.38.110 Gender.
"Gender." Whenever a personal pronoun is used in the neutral masculine
gender, it shall be deemed to include the feminine and masculine also.

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5

“They/them” shall indicate a singular individual, unless the context indicates the
contrary.
Section 4. That Berkeley Municipal Code is amended to read as follows:
Section 4.39.110 Gender.
"Gender." Whenever a personal pronoun is used in the neutral masculine
gender, it shall be deemed to include the feminine and masculine also.
“They/them”, shall indicate a singular individual, unless the context indicates the
contrary.
Section 5. That Berkeley Municipal Code is amended to read as follows:
Section 11.08.050 Construction of genders.
The neutral masculine gender includes the feminine and masculineneuter.; the
feminine, the masculine and neuter; the neuter, the masculine and feminine. .
“They/them” shall indicate a singular individual, unless the context indicates the
contrary.

Section 6. Copies of this Ordinance shall be posted for two days prior to adoption in the
display case located near the walkway in front of Council Chambers, 2134 Martin Luther
King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each
branch of the Berkeley Public Library and the title shall be published in a newspaper of
general circulation.

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Merriam-Webster Definition of They
they pronoun, plural in construction
\ ˈthā \
Definition of they (Entry 1 of 2)
1.
a. those ones —used as third person pronoun serving as the plural of he, she,
or it or referring to a group of two or more individuals not all of the same
sex
i. they dance well
b. HE entry 1 sense 2 —often used with an indefinite third person
singular antecedent
i. everyone knew where they stood — E. L. Doctorow
ii. nobody has to go to school if they don't want to — N. Y. Times
2.
a. PEOPLE sense 2 —used in a generic sense
i. as lazy as they come

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