HomeMy WebLinkAboutMINUTES - 08121986 - X.5 X,5
Tai BOARD OF SUPERVISORS
FROMI Supervisor Tom Powers Contra
Costa
DATE: August 12, 1986 Cpuy
S UBJEC Ts Report on Apartheid Policy Roundtable Discussion of July 29, 1986
SPECIFIC REQUEST(SI) OR RECOMMENDATIONS) C: BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Boycott County use. of Shell Oil Company products and services.
2. Support Senator Cranston's anti-apartheid bill S2570.
3. Develop lists of companies doing business with South Africa,
4. Gather together lists of companies who have either divested their
interests in South Africa or who have not been doing business with that
nation. The purpose of this would be to have available the names
of companies which because of their position on this issue, may
deserve preferential status when bidding for County contracts.
5. Develop a list of banks which have a policy of either not loaning
funds to companies doing business with South Africa or are not
renewing loans of this sort. ROAR suggested that they could be
helpful with this.
6. Approve a County policy on apartheid similar to that approved by
the City of Richmond.,
7. Consider the implementation of a monitoring system which would
oversee compliance with regulations to be set forth in a policy
such as that called for in item'6.
B. Review the possibility of divestment of County retirement and
pension funds from companies that continue to do business in and
with South Africa.
i
9. Call for a future meeting of those concerned with this situation
in order to review progress and discuss plans for dealing with the
problem.
10. Refer this material to the Internal Operations Committee for
further study and action.
CONTINUED ON ATTACHMENT: _YES
SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
APPROVE -----RECOM
OTNER MENDATION OF BOARD COMMITTEE
SiGNATURE(S)
ACTION OF BOARD ON August 12 1986
APPROVED AS RECOMMENDED OTHER -XX„�
The Board approved the above recommendations in concept and REQUESTED the County
Administrator to submit a status report thereon on -thete.e t.ember-9;19gb acrenda.
Supervisor Schroder abstained because he desired more information on the financial impact
to the County and the County Employees Retirement Funds.
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) i HEREBY CERTIFY
AYESi TV. V. T NOES: THAT THIS i3 A TRUE
`
ABSENTS — IT AND CORRECT COPY OF AN ACTION TAKEN
-- ABSTAIN: TTL AND ENTERED ON THE MiNUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CCI County Administrator ATTESTED A t i t 1 86
County Employees Retirement Administrator ------
M3e2/7-83 j��
. DEPUTY
TO: BOARD OF SUPERVISORS
FROMI Qont1 a
Costa-
DATE:
ostaDATE: County
SUBJECT%
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
BACKGROUND:
On June 10, 1986 the Board approved the request of the Internal
Operations Committee that a roundtable discussion on the question of the
County's policy on apartheid take place. This request directed
Supervisors Powers and Torlakson to call such a meeting.
On July 29, 1986, Supervisors Powers and Toriakson held a roundtable
discussion on apartheid at Easter Hill United Methodist Church in
Richmond. Rev. Ron Swisher, the pastor of Easter Hill , wrote the
original letter to the Board requesting that 'this discussion take place.
The meeting was attended by approximately 50 people and lasted two hours.
A large number of participants offered their support and energies to do
all that they could to help abolish the horrid practice of apartheid by
South Africa. The recommendations listed on the first page of .this
report constitute the collective sentiment of the participants regarding
County policy as expressed that. evening.
i
t
CONTINUED ON ATTACHMENTt YES SIGNATURES
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
....��APPROVE OTHER
SIONATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED
OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT 3 I HEREBY CERTIFY THAT THIS iS A TRUE
AYES% NOES% AND CORRECT COPY OF AN ACTION TAKEN
ABSENT% ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED
M302/7.83 By
DEPUTY
'ORDINANCE NO. 1fl-86 N.S.
AN ORDINANCE OF THE COUNCIL OF 'THE' CITY OF RICHMOND CONCERNING
THE POLICY OF APARTHEID IN SOUTH AFRICA AND PROHIBITING THE USE
OF CITY FUNDS TO PURCHASE GOODS OR SERVICES FROM FIRMS DOING
BUSINESS 'IN SOUTH* AFRICA
WHEREAS., . 04 citizens of the -City of Richmond recognize the
moral responsibility of- communities to: take positive steps to end
the practices of racial 'discrimination and racism .both in the
United States and 'abroad; •and .
WH33REAS, .the government of South Arica has institutionalized
racial discrimination and racism under the policy of apartheid,
denying more than 20.91million Africans as well as Coloureds and
Indians the right to participate in the- political process or to
"benefit- from the system of. .justice; and
WHEREAS, the government -of South Africa has implemented a
web of racially discriminatory laws and practices, including:
(a) The Constitution itself, . which entrenches a white
monopoly of political power;
(b) The "independent homelands" policy and- Group Areas Act
Which mandate separate residential areas for whites, :Africans,
Coloureds, •and Indians, and which denationalize South' A:frica's
20.9 million African. citizens 'by arbitrarily assigning .them, to
live in resource-poor "independent'-fiomelands" (constituting a
non-contiguous -13 percent.Qf. theeland for 72 percent of the • .
population) , regardless of their-'place , of ,birth or location of
their home and family, and .-which has already caused the forcible
uprooting of over 3.5 million binck 'persons;
(c) The influx control- or "pass" laws, which prescribe and
limit the conditions under which African workers and their families
mayy. remain* outside the homelands,- and which traps several hundred
thbusand wives of African migrant -workers to be left to bring up
their families through subsistence farming and remittances from
their spouses (black women are treated under South African law as
perpetual minors, limiting• their 'ability to own or rent accommodations
and depriving them of employment alternatives) ;
(d) separate and unequal educational systems for the various
race groups (average expenditure -for -white students exceed 1,000
percent of expenditures for black students) ; .
(e) Labor laws and practices that -effectively limit the
proportion of black workers as a percentage of a company's labor
force in an urban area and tightens controls on the activities of
free trade unions;
(f) The Internal Becurity' Act and other so-called security
legislation which are designed to stifle and silence public
opinion by 'authorizing the banning .of individuals who are then
unable to work .and are exiled to' remote areas, and by' allowing
the arbitrary, preventive and- secret detention of critiee who can
be held indefinitely and incommunicado for - interrogation without
the right. of a writ of habeas corpus and without being brought to
trial; and
IIUEREAS, the government of South Africa continues its
military occupation and control of its neighbor state, .Namibia,
despite United Nations directives -to withdraw; and
WHEREAS, the .United States Supreme Court has upheld the
power of a municipality to make legitimate economic decisions
without being subject to the restraints of- the interstate Commerce
Clause when it participates in the market place as a corporation
or a citizen as opposed to exerting its regulatory powers; and
WHEREAS, the City of Richmond declares the right to measure
the moral character of its business partners in determining with
whom it seeks to have business relations; and
WHEREAS,.•the.'system of apartheid in South .Africa is morally
repugnant to •tbe. citizens of,. the City of' Richmond, the Council of
the City of Richmond -do -hereby set forth a municipal policy
prohibiting authorized deposits, investments and use of City
funds with banks, financial. institutions,- investment firms, or
service firms who- either loan money- or who provide services to
the public or .private sector, in Bouth Africa .or Namibia, prohibit-
ing investment in any private company"'doing business with .or in
South Africa or Namibia; prohibiting .the purchase of any commodities
actually produced in- South Africa or 'Namibia, and setting. forth a
policy prohibiting the purchase of•-products manufactured by firms
who do business with or maintain facilities in South Africa or
Namibia in accordance with standards enumerated in this Ordinance;
NOT, THEREFORE, .the Council •of the City of Richmond do
ordain as follows :
SECTION I . Definitions.
A. "City funds" shall mean all' monies, grants , or other funds
received and managed by or otherwise under the control of
the City Manager, and any notes, bonds, or securities issued
by the City of Richmond.
B. The""�'City Manager" . shall mean 'the City Manager of the City
of Richmond, or any authorized representative of the City
Manager.' • .
C. The "City" or "City of Richmond" shall mean the City of
Richmond, or any entity or official agent acting under the
direction of the City Council of the City of Richmond.
D. "Commodities" shall -include, but not be limited 'to, supplies,
goods, commodities, vehicles, machinery and equipment.
E. "Loans" shall include providing lines of credit or. -loans
made as a participant in lending 'consortia. .
F. "Services" shall' mean any. services provided to the City ,
including bank loans .
G. The "government .of.-Namibia" • (also known as "South-West
Africa") shall mean any public 'or quasi-public entity operat-
ing within Namibia, including, 'but 'not limited to, municipal,
provincial, national, ' or .other government bodies, . including
all departments and agencies of such bodies, public utilities,
public .f acilities, '-or any national corporation in which the
public sector of Namibia has a financial -interest or operational
responsibilities'.
B. The ."government of South Africa" shall mean any public or
quasi-public entity operating within South Africa,' 'including,
but not limited• to,' municipal, provincial, national, or
other government bodies, including all departments and
agencies of such bodies,- public utilities, public facilities,
or. any national corporation .in which the public sector. of
the South Africa has a -financial interest or operational
responsibilities, and including Bantustans or so-called
"independent". Homelands.
SECTION I .' Deposit and Investment-of City Funds in Banks
Finan'c'i'al' Institutions.
A. General Prohibited Transaction : .
1. .No City funds; sha.11 be deposited or remain deposited
.. in any bank. or financial institution which has a
Policy of making new loans or renewing loans to:
-2-
1. The government of South Africa or the government of.
Namibia;
2. - Any business or corporation organized under the laws of
•South Africa or Namibia;
34 Any business or corporation for the express purpose of
assisting in operations in or trading with .any public
-or private entity located in South Africa or Namibia.
B. -Affidavit Required:
1. :Pizior to contracting with-any -firm or individual for
the provision of services, the City Manager, or any
official agent of the City'•of Richmond, shall obtain
•' from said firm or individual an affidavit 'stating that
the policy of said firm-!or individual is to forego any
contractual relations -to provide services to the entities
listed in 'Subsection A until the system of apartheid is
dismantled and until,,Namibia 'becomes self-governing as
defined in United -Nations Resolution 385 (1976) . The
provisions of this section shall apply to renewals of
• existing contracts' as well •as to new contracts. The
affidavit shall require said :firm or individual to
notify the City- if it subsequently enters into any
' :contractual agreement with the entities listed in
Subsection A, • or if .the policy stated in the affidavit .
is changed. An affidavit- shall not be required if it
is .determined as set forth-.in Section VI that an exemption
3s. applicable or as set forth in Section VII that a
waiver of this section is necessary.
C. Compliance.
This section of the ordinance shall be effective 120 days
after the effective date of this ordinance.
SECTION V. 'Purchase of Commodities.
A. General Prohibited Transaction:
The City of Richmond shall be prohibited from purchasing any
commodity which is manufactured or produced in South Africa
or Namibia or which is manufactured or produced by any
company that does business in or with South Africa or
Namibia.
B. Contract Stipulation:
Prior to making any contract . for -the purpose of supplying a
commodity to the City of Richmond, the vendor shall be
required to stipulate, as a material condition of the
.gontract, that the commodity offered for sale .to the City* of
Richmond is not manufactured or -produced in' South• Africa or
Namibia nor manufactured. or' produced by any company that
does •business in or with South Africa. or Namibia. - Said
contract stipulation shall not- •be. required if it is dot-ermined
as set forth in- Section VI than an exemption is applicable
oras set - forth in 'Section VII that a- waiver of this section
is necessary.
SECTION VI. • Zxemptlons.
The prohibitions contained in Sections- IV and .V shall not
apply if:
1. The cost of the service or commodity during any fiscal
year is $1,000 or. less; or
2. There are no other sources available for the .service or
commodity other than those that would violate Sections
-IV or V. In such event, the service or commodity shall
SECTION III . -'Investment, 01 City Funds .
A. General Prohibited Transaction:
No City . funds shall be invested .in 'or remain invested in
the stocks, ' bonds, securities or -other obligations of:
1. The Government of- South Africa or the government of
.Namibia; or
2. Any corporation organized under .the' laws of the Republic
of South Africa or Namibia;` or
o
S. Any company doing business in or with -South Africa or
Namibia.
Be Implementation by Published List :
1. Within -ninety .(90) .daya after the effective date of
this Ordinance, the. City Manager shall file in the
'Office of the .City Clerk and distribute to the appropriate
City .ofticers,- a. listing of companies and their subsidiaries
'or 'affiliates which .are described in .Subsection A. The.
' City Manager shall consult the most recent annual
report of the U.B. Consulate General of Johannesburg,
entitled "American Firms, .Subsidiaries and Affiliates-
South Africa, " United' Nations reports, and other reliable
. .sources in the preparation of the listing. The City
., Manager shall, update and' amend the listing annually, or
more frequently. as deemed necessary by the City Manager,
2. The requirements of this. section shall be satisfied by '
ensuring that no 'City• funds are invested in any stocks,
-bonds, securities; or other obligations of any firms
which appear on the list prepared pursuant to the
preceding subsection,',�or '•in any stocks,. securities, or
other obligations of the government of South Africa"or
the government of Namibia or .any company organized
under the laws of .South Africa or Namibia.
C. Media Waiver:
This section shall not apply-to, companies operating in South
+ Africa or Namibia primarily for the purpose of news reporting.
D. Compliance:
With respect 'to .City funds currently invested in .proscribed
investments pursuant to this section, the withdrawal or
divestiture required by this section shall be completed as .
soon as possible and in no case more than one year after the
• effective date of this ordinance. During this period, the
City Manager shall make quarterly reports to the City Council
concerning the progress of divestiture, until all City funds
have -been withdrawn or divested "from .proscribed investments.
When the City Manager -determines that City funds must be
divested pursuant ".to: this .section, - the City Manager shall
advise said .companies that' thewithdrawal- or divestiture of
City funds is required by this ordinance. All other provisions
of this section shall take effect on the effective date of ,
this. ordinance. ,
SECTION IV: ` Use' oY' Servi'c'es.
A. General Prohibited Transaction: '
The City of Richmond shall be,'prohibited from entering into'
any contractual agreement for the provision of services with
any individual,* firm or financial institution who is willing
to provide services to:
be provided by the person or company which conforms to
the greatest extent with the policies and intent of
this ordinance as determined by the City Council.
SECTION VII . Waiver.
The City Council may waive the prohibitions -contained in
Sections IV and V if the City Council determines that the
added cost to the City as a result of applying said pro-
hibitions exceeds ,5 percent of the cost of the service or
commodity or $25,000, whichever is less. This waiver
shall not apply to any commodity manufactured in South
Africa or Namibia.
SECTION VIII. .. Rules and Regulations.
The City Manager shall be authorized to promulgate any rules
and regulations necessary or appropriate to carry out the
purposes and requirements of this ordinance, effective upon .
approval of the City Council. The City Manager shall provide
a written report on the implementation of this ordinance to
the City Council on the following basis :
1. The first report shall be due at the first City Council
meeting after this ordinance has been effect for 270
days.
2. The second report shall be due -at the first City Council
meeting after this ordinance has been in effect for 360
days.
3. Thereafter, reports shall be due semi-annually.
SECTION IX. Public Records ,
The City Clerk shall make available for public inspection
all affidavits., lists and reports filed pursuant to the
requirements of this ordinance.
SECTION X. ' Severability.
If any section, subsection, clause, phrase or .portion of
this ordinance is for any reason held invalid or unconstitutional
by any court or federal or state agency of competent jurisdiction,
such portion shall be deemed a separate , distinct and independent
provision and such holding shall not affect the validity of.
the remaining portions thereof.
SECTION XI . - Effective Date.
This ordinance shall take effect and be in force on and
after its final passage and adoption.
First read at a regular meeting of the Council of the City
of Richmond held 'February 3 1986, and finally passed
and adopted at a ,regu ar meeting Thereof held February 10
19868 by the following vote:
Ayes: Councilmembers Washington, Niccolls, Corbin, Marquez,
Ziesenhenne, McMillan, MacDiarmid, Griffin and
Mayor Livingston.
Noes: None.
Absent: None
HARLAN J. HEYDON
Jerk of the City of Richmond
Approved: Approved as to form:
GEORGE 'L. 'LIVINGSTON MALCOLM HUNTER
avor City Attorney