§ 9.60.010. Slavery era disclosure.

Title. This title shall be known and may be officially cited as the "City of Oakland Slavery Era Disclosure Ordinance" and shall be codified as Chapter 9.60 of Title 9 of the Oakland Municipal Code, entitled "Public Peace, Morals and Welfare."

Findings and Purpose.

A.

Insurance policies from the American slavery era have been discovered in the archives of several insurance companies documenting insurance coverage to slaveholders for damage to or death of people subjected to slavery, and were issued by current or a predecessor insurance firm. Further, records may exist that show that companies:

1.

Providing insurance services;

2.

Providing financial services; and

3.

Textile, tobacco, railroad, shipping, rice and sugar companies;

Either directly or through their parent entities, subsidiaries or predecessors in interest or otherwise, bought or sold people subjected to slavery, used as collateral for insurance policies or other transactions, provided loans to purchase people subjected to slavery, insured such transactions or the people subjected to slavery, and/or provided related or other services to aid and abet such transactions.

B.

These insurance policies, loan documents and other documents and records provide evidence of ill-gotten profits from slavery, which profits in part capitalized insurers, financial services providers, textile companies, tobacco companies, railroads, shipping companies, rice, sugar industry and other entities, whose successors remain in existence today, and such profits from the uncompensated labor of enslaved Africans represent a continuing legacy of slavery.

C.

The city of Oakland finds and declares that the fact that slavery was legal in certain parts of the United States at the time these compatible practices occurred does not make the practices any less repugnant, abhorrent or deplorable, nor in any way diminish the gravity of these wrongs or the importance of rectifying and remediating these travesties.

D.

Many Oakland residents are descendants of people subjected to slavery, whose ancestors were defined as private property, dehumanized, snatched from their families, coerced into performing labor without appropriate compensation or benefits and whose ancestors' owners were compensated for damages by insurers and were used as collateral for insurance policies, loans and other transactions.

E.

Appropriate compensation to Africans for their labor otherwise would have been bequeathed to their descendants to assist them in developing a solid economic base, providing a level playing field and pursuing equal opportunity in this country.

F.

The aforesaid residents as well as all of the residents of Oakland are entitled to full disclosure of the information regarding the above-described transactions that compensated slaveholders for damages to and death of people subjected to slavery and provided other compensation and profits.

G.

The city of Oakland acknowledges the loss of assets that rightfully should be the property of descendants of African people subjected to slavery and extends its apologies to their descendants who continue to suffer the legacy of slavery.

H.

The City Council finds that full disclosure of the facts and acknowledgement of the depth and scope of the shameful commerce in slavery furthers the public interest in that it promotes public health, safety and welfare and healing in the Oakland community both on the part of those who have been and are continuing to be harmed as well as those who profited from this abhorrent practice. The City Council further finds that the establishment of a fund to which contractors subject to this chapter and others may make voluntary contributions will promote healing and assist the City in rectifying and remedying some of the legacies of the shameful commerce in slavery, thereby protecting and promoting the public health, safety and welfare of Oakland residents and the Oakland community.

I.

The purpose of this chapter is to promote full and accurate disclosure to the public of (1) slavery insurance policies, (2) evidence of purchase and sale of people subjected to slavery, (3) use of people subjected to slavery as collateral for insurance policies, loans or other transactions, (4) provision of loans to purchase people subjected to slavery, (5) insuring transactions or the people subjected to slavery, and/or (6) provision of any related or other services to aid and abet such transactions by (i) any contractors providing insurance services or financial services to the city and (ii) any textile, tobacco, railroad, shipping, rice and sugar companies doing business with the city.

J.

The purpose of this chapter also is to establish a fund to which contractors subject to this chapter can make voluntary contributions to promote healing and assist in remedying the depressed economic conditions, poverty, unequal educational opportunity and other legacies of slavery, which will serve to promote the public health, welfare and safety.

Slavery Era Disclosure. Each contractor providing (1) insurance services or (2) financial services to the city of Oakland (including, but not limited to, any bank in which the city deposits public funds and any investment managers), whether subject to competitive bid or not, and (3) each textile, tobacco, railroad, shipping, rice and/or sugar company doing business with the city, including but not limited to, such businesses with a city franchise, must complete an affidavit verifying that the contractor has searched through any and all records in the possession, control and/or knowledge of the company, its parent entities, subsidiaries and any predecessors in interest, for records that the contractor, its parent entities, subsidiaries and any predecessors in interest bought or sold people subjected to slavery, used people subjected to slavery as collateral, provided loans to purchase people subjected to slavery, insured such transactions or the people subjected to slavery during the slavery era and/or provided related or other services to aid and abet such transactions.

The names of each slave and slaveholder described in the records and/or information must be disclosed in the affidavit, as well as the evidence of transactions that benefited/profited from American slavery. The City Administrator after consultation with the City Attorney shall (1) provide this information to the public upon request, (2) provide an initial report to the Mayor and City Council at an open and public meeting no later than January 2006, and (3) annually provide a report to the Council regarding the information.

Disclosure shall be made as follows:

A.

Insurance companies shall provide the disclosure within sixty (60) days of the effective date of this chapter.

B.

Banks and other financial institutions and other contractors covered by this chapter, shall have six months from the effective date of this chapter to file such written disclosure with the city.

C.

Contractors who enter into contracts with the city after the effective date of this chapter to provide insurance, financial or other services or goods covered by this chapter, shall provide the required disclosure in conjunction with and prior to the execution of a contract with the city, provided that in no event shall a contractor be required to provide the required disclosures earlier than the periods set forth in subsections (A) and (B) above.

Establishment of Fund to Include but no be Limited to Support for Education Support and Economic Development in the Economically Depressed Areas of the City. The city shall establish a fund under the oversight of the City Administrator. The fund will be used for purposes, including but not limited to, providing educational support and to support economic development in the economically depressed areas of the city. The City Administrator will prepare guidelines for the use of the funds and present same to the City Council for approval no later than the end of October 2005. Thereafter, the City Administrator shall make funding decisions in accordance with the guidelines and provide an annual report to the Council identifying the fund recipients.

Remedies. Any contractor subject to this chapter who willfully or recklessly files a false affidavit or other statement or fails to file the required disclosure shall be subject to termination of the contract with the city. The City Administrator may take action to terminate the contract.

The following may bring an action against a person or entity subject to this chapter to enforce its provisions: (1) the City Attorney (2) any Oakland resident. Relief shall include, but no be limited to, an injunction to mandate the disclosure required under this chapter or to correct any misstatement as well as reasonable attorney's fees and costs.

(Ord. 12686, 2005)