HomeMy WebLinkAboutMINUTES - 10151996 - D2 D.2
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 15, 1996 by the following vote:
AYES: Supervisors' Rogers, Bishop, DeSaulnier, Torlakson and Smith
NOES: None
ABSENT: None
ABSTAIN: None
Subject: Proposition 209
On this date, the Board considered the request from Jeanene Ferguson of the
National Association for the Advancement of Colored People (NAACP) that the
Board of Supervisors adopt a Resolution in support of Equal Employment and
Contracting Opportunities and Affirmative Action in opposition to Proposition
209, as recommended by Supervisor Smith.
Emma Kuevor, Affirmative Action Officer, presented the staff report on the
matter.
Chairman Smith opened the floor for public comment, and Rich Turner, 1120
Claeys Court, Rodeo, spoke on the subject.
The Board discussed the matter, and Supervisor DeSaulnier moved that the
Board reaffirm their position in opposition to Proposition 209, and that they
formally communicate that position to the NAACP.
Supervisor Bishop seconded the motion, and the Board took the following
action:
THE BOARD REAFFIRMED their position in opposition to Proposition
209; and DIRECTED that their position be formally communicated to the
NAACP.
I hereby certify that this is a true
and correct copy of an action taken
and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED04e r/tJA4A�l 15, 1 ` 7
Phil Batchelor, Clerk o the Board
of Supervisors and County Administrator
BY �
Barbara S.P
ranUeputy Clerk
c.c. CAO
Affirmative Action Officer
NAACP (c/o Affirmative Action)
tNE nnUgN� National Association For The Advancement of Colored People
P.O. Box 5234, Hercules, CA 94547 • (SIO) 869-3839 • Fax(SIO)236-1183
o NAIICP
i e Hercules • Pinole • Rodeo Branch
Ofi7cers R>EC��`IED
September 24, 11,11196 so 21 �
Rev.Phil Lawson
President
Mtangulizi Sanyika Dear Chair Jeff Smith and Board of Supervisors:
1st Vice President
The November elections are comino up in just over one
John Taylor month frwri today and we as the 1Icreules, Pinole, Rodeo
2nd Vice President
Chaoter of the NAACP are (quite concerned al n.-t
Jeanene Ferguson Proposition 209. We are prolzosing �o the Contra Costa
3rd Vice President Board of Supervisors along N ith the Pinole City Council
Hank Williams and the Hercules City Council that they take a position
Treasurer of NO ON 209. Proposition 209 contains the language,
Willena Gilbert which was formally known as CCRI (California Civil
Secretary Rights Initiative) . 209 will eliminate affirmative action
RobertAnderson as we ktloi�' it. 't)tt h:.ve �v��rlsed long and hard on your
Parlimentarian Affirrm tive A efon lxlan. 209 will 'wipe out most if Piot all
of the efforts city and, comity bodies have made in this
Executive Committee area. `t3'e are l.,�roposing that you adopt the attached
JewellBoutte do-euuie'at even though l3#;(.`.,1€15eof your consent decree
•...
Frances Brownlow your 'CII�PndatI vr:ll not cl'i ►iige. Aulopt:ou will indicate
Albert Brown your, con-1-illIli a comil-lit'meat.
Doris R. Brown
LaVonya DeJean
Trevor Evans-Young Pli':lsc Ie,&` nic Akinow when this is scheduled for discussion
Thomas Florin and vote F y the Bo Ircj' of Supervh;urs.
Jo Ann Lawson
Joe McDonald
Felton Newell Sincerely,
Ruthie Newell U
Rev.J.A#red Smith, Sr. `�
Deanna Taylor ,
Don Thompson
t�j eas �lTony Thompson tByron Webb CI1air def:�ffirina ive Action Coll-InAt'tee
Region I and Cal. State Conference Offie: � �.il .=TV`L:
4929 Wilshire Blvd, Suite 360 Scott
Los Angeles, CA 90010 �.`J t t l «l g l R l f'
(213)931-6331
Fax(213)931-9036
Contra Costa County Board of Supervisors Resolution in Support of Equal Employment
And Contracting Opportunities And Affirmative Action: In Opposition to Proposition
20_9,;The California Civil Rights Initiative,And Any California State Legislator Bill Or
Constitutional Amendment(Such As Assembly Constitutional Amendment("ACA")2,
Assembly Bill("AB")Nos.211,384,727,And 833,Senate Constitutional Amendment
("SCA") 10 And Senate Bill"SB")Nos.938,939,940,and 983),Which Will Eliminate The
Voluntary Use Of Affirmative Action.
WHEREAS,despite the current and past discrimination that denies equal opportunity to individuals
because of gender,race,ethnicity,color and/or national origin,anti-affirmative action activists have
undertaken both an initiative and legislative efforts to amend the California Constitution in such a way that
all voluntary affirmative action in the Public Sector would be eliminated;and
WHEREAS,there is overwhelming evidence,including court decisions,studies conducted in the public
and private sectors,academic reports,and media coverage that women,Native Americans,Americans of
African,Asian and Hispanic decent,and other people of color have been deprived,under color of law,of
their civil rights and property and have been denied equal employment,contracting, and educational
opportunities;and
WHEREAS,women have been discriminated against, and continue to suffer discrimination based on
gender,in terms of employment and educational opportunities;and
WHEREAS,women have been denied jobs,fired from jobs due to pregnancy,and denied the right to
practice certain professions,including but not limited to the legal and medical professions;and
WHEREAS,historically,women were paid lower wages than men for the same work and to this day,in
many instances, continue to be paid less than men,despite education,training,skill and experience;and
WHEREAS,government has a legitimate and substantial interest in ameliorating and eliminating the
disabling affects of discrimination;and
WHEREAS,the judicial history of this nation demonstrates that, until the 1954 decision of Brown v.
Board of Education,the courts of this country rejected the notion that we are a colorblind society and
instead,by law,granted preferential treatment based on the color of one's skin;and
WHEREAS,many of the businesses,corporations,and private citizens of this state and nation have
benefit and continue to benefit significantly from the exploitation of Hispanic citizens and undocumented
workers by failing to comply with health,safety,minimum wage and other labor laws and regulations;and
WHEREAS,many of those businesses,corporations and private citizens have fought efforts by Hispanic
farm workers to obtain decent housing,medical benefits,wages and educational opportunities for their
children;and
WHEREAS,during World War II,in Korematsu v.United States,the United States Supreme Court
mentioned the wholesale internment of Japanese Americas,resulting in deprivation of their liberty and civil
rights and confiscation of their business and property,and the United States Congress recently
acknowledged the inhumanity of this deprivation of liberty,civil rights and property by authorizing payment
of reparation to Japanese Americans who were interned during World War 11;and
WHEREAS,in 1854,the California Supreme Court determined that Chinese persons were not capable of
providing testimony against whites in a court of law,thus depriving persons of Chinese decent of equal
protection of the law;and
WHEREAS,the Chinese Exclusion Act,which was enacted in 1882,was followed by additional anti-
Chinese legislation,including the Scott Act of 1888,which barred the entry or return of Chinese persons,
even those with re-entry permits;the Geary Act of 1892,which extended the exclusion of Chinese persons
and required them to carry identification papers;and,a 1924 immigration law which precluded the wives of
Chinese Americans from entering the country;and
WHEREAS,in 1913 the Alien Land Law was passed by the California Legislature,forbidding ownership
of property to"aliens ineligible to citizenship",which under federal law specifically meant Chinese,
Japanese,Filipinos, and other person of Asian decent;and
WHEREAS,a more restrictive version of the Alien Land Law,entitled the California Alien Property
Initiative Act,was approved by California voters in 1920;and
WHEREAS,the United States Constitution classified an African slave as"three-fifths of a man"and,as
indicated by Chief Justice Taney in the Dred Scott decision,African slaves were deemed to have"no rights
which the white man was bound to respect";and
WHEREAS,the abolition of slavery,which occurred only slightly more than a century ago,provided a
paucity of resources to assist African Americans in assuming full citizenship,in terms of property
ownership,business ownership,education,and civil rights;and
WHEREAS,from 1896 to 1954,the United States Supreme Court,the United States Congress and the
several states of this union, continued to legally sanction and support discrimination against African
Americans and perpetuated second class citizenship;and
WHEREAS,studies show that women and people of color,with credentials,credit ratings and economic
means equivalent to their white male counterparts,are required to pay a significantly higher price for
vehicles and housing,and are denied bank loans and capital at a rate significantly higher than their white
male counterparts;and
WHEREAS,in 1995 the Glass Ceiling Commission,established by the U.S. Congress to study barriers to
advancement faced by women and minorities in America's workplaces,released its landmark study,entitled,
"Good for Business--Making Full Use of the Nation's Human Capital", which documents precisely why
affirmative action programs are necessary,and
WHEREAS, the study verifies that,although women and minorities now make up nearly 60 percent of
the workforce, they hold only 5 percent of senior management position,make average salaries thousands of
dollars less in a range of industries and face lone-standing obstacles within the corporate culture;and
WHEREAS,as a direct consequence of the centuries of legally sanctioned discrimination non-compliance
with current legal mandates,middle and upper management positions in corporate America,government and
business continue to be virtually closed to women and people of color;and
WHEREAS,the discrimination has caused an perpetuated stark inequalities in our society through a
multiplicity of overt,covert and insidious acts,and
WHEREAS, the highest courts of this stale and nation have affirmed the constitutional power of federal
and state governments,including their respective departments and political subdivisions,to act affirmatively
to achieve equal opportunity for all;and
WHEREAS,the foregoing provides compelling justification for and demonstrates the necessity for the use
of affirmative action,as a narrowly tailored remedy,to rectify the legacy of discrimination and exclusion of
worsen and people of color from participation as full citizens in this country,and
WHEREAS,in spite of this compellingiuslificatioq an initiative and legislation to prohibit affirmative
action,as a means to remedy the effects of current and past discrimination in public employment,public
education,and public contracting,has been proposed,including the euphemistically-called"California Civil
Rights Initiative"(Now called Proposition 209),Assemble Constitutional Amendment("ACA")2,
Assembly Bill("AB")Nos.211,384, 727,and 833, Senate Constitutional Amendment ("SCN') 10 and
Senate Bill"SB")Nos. 938,939,940,and 983;and
WHEREAS,the aforesaid initiative and legislation would prohibit any County,City or state agency,
including public educational institutions from voluntarily using affirmative action in making financial aid
decisions,school admissions decisions and hiring decisions,and would repeal requirements for state and
local agencies to set reasonable participation goals;and
WHEREAS,affirmative action is a reasonable and necessary remedy to correct the crippling economic,
political,and educational inequality caused by current and past discrimination;and
WHEREAS,the Contra Costa Board of Supervisors strongly supports and endorses affirmative action and
act affirmatively to foster equal opportunity in employment,County programs,and County contracting;and
WHEREAS, the Contra Costa Board of Supervisors wishes to be a leader in this slate and the nation in
the adoption of affirmative action contracting and employment,County programs;NOW,THEREFORE be
it
FURTHER RESOLVED: that the Contra Costa Board of Supervisors declare their unqualified support
of affirmative action;and be it
FURTHER RESOLVED: that the Contra Costa Board of Supervisors can upon other public entities,
corporations and other businesses to public declare their support of affirmative action and their opposition to
the initiative and legislation that would prohibit use of affirmative action programs as a remedy for current
and past discrimination;and be it
FURTHER RESOLVED:that,to the extent permitted by law they County Attorney,the County and
the County Clerk are authorized and directed to work with the County's lobbyist,civil rights organizations
and other groups to maintain affirmative action;and be it
FURTHER RESOLVED:that,the County Clerk shall communicate this resolution to the Governor of
the State of California,and all other local public entities in Contra Costa County,to the California Public
Utilities Cirutnssiou,to(lie President Pro Tarupore of the California Senate,the Speaker of the California,
Assembly,California Congressional Delegation and Senators,and to President Clinton.
Olt-
� 2
TO- BOARD OF SUPERVISORS IOC-02
Contra
FROM: INTERNAL OPERATIONS COMMITTEE Costa
o: s
County
DATE: September 9, 1996
SUBJECT: RECOMMENDATION TO OPPOSE PROPOSITION 209, THE "CALIFORNIA
CIVIL RIGHTS INITIATIVE"
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in opposition to Proposition 209 on the November 5, 1996 ballot,
commonly referred to as the "California Civil Rights Initiative."
BACKGROUND:
On September 9, 1996, our Committee met with representatives from the Equal
Employment Opportunity Advisory Council, who strongly recommended that the
Board of Supervisors formally oppose Proposition 209.
The official title and summary of Proposition 209, prepared by the State Attorney
General, reads as follows:
"PROHIBITION AGAINST DISCRIMINATION OR PREFERENTIAL
TREATMENT BY STATE AND OTHER PUBLIC ENTITIES.
INITIATIVE CONSTITUTIONAL AMENDMENT
• Prohibits the state, local governments, districts, public universities, colleges,
and schools, and other government instrumentalities from discriminating
against or giving preferential treatment to any individual or group in public
employment, public education, or public contracting on the basis of race, sex,
color, ethnicity, or national origin.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
=�►,YLE BlSHrI.a JIM RCIGERS
ACTION OF BOARD ON.Saptambar 17, 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT --------------- ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED September 17, 1996
Contact: ELOR,CLERK OF THE BOARD OF
cc: S ISORS AND CO Y AD INISTR R
County Administrator
Affirmative Action Officer
Director of Human Resources BY
IOC-02
• Does not'prohibit reasonably necessary, bona fide qualifications based on sex
and actions necessary for receipt of federal funds.
• Mandates enforcement to extent permitted by federal law.
• Requires uniform remedies for violations. Provides for severability of
provisions if invalid."
The analysis by the Legislative Analyst, the text of Proposition 209 and the
arguments in favor of and against Proposition 209 and their respective rebuttals are
attached.
The argument in favor of Proposition 209 is signed by the Governor of California;
Ward Connerly, Chairman, California Civil Rights Initiative; and Pamela A. Lewis,
Co-Chair, California Civil Rights Initiative.
The argument against Proposition 209 is signed by the President of the League of
Women Voters of California; Rosa Parks, Civil Rights Leader; and Maxine Blackwell,
Vice President, Congress of California Seniors.
The rebuttal to the argument in favor of Proposition 209 is signed by the National
Executive Director of the YWCA of the U.S.A.; the President of the American
Association of University Women; and the Executive Director, Leadership
Conference on Civil Rights.
The rebuttal to the argument against Proposition 209 is signed by the Attorney
General of California; State Senator Quentin Kopp; and Gail L. Heriot, a Professor
of Law.
As the argument against Proposition 209 states:
"The initiative's language is so broad and misleading that it eliminates equal
opportunity programs including:
• tutoring and mentoring for minority and women students;
• affirmative action that encourages the hiring and promotion of qualified women
and minorities;
• outreach and recruitment programs to encourage applicants for government
jobs and contracts, and;
• programs designed to encourage girls to study and pursue careers in math
and science."
We proudly join with the AAUW, the League of Women Voters, Rosa Parks and our
own Equal Employment Opportunity Advisory Council in urging the Board of
Supervisors to oppose Proposition 209.
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