Chapter 13.96 — DISCLOSURE OF HISTORICAL COMMERCE IN SLAVERY BY CERTAIN CITY

The City Council finds that full disclosure of facts and acknowledgement of the depth and scope of the shameful commerce in slavery furthers the public interest in that it promotes healing in the Berkeley community on the part of both those who were harmed and those who profited from this abhorrent practice. This ordinance is enacted to promote this goal and to ensure that City contractors facilitate this process. (Ord. 6855-NS § 2 (part), 2005)

services to the City.

Any contractor providing insurance or financial services to the City (including any bank in which the City deposits public funds) that directly or through its parent entities, subsidiaries or predecessors in interest, bought or sold slaves, used slaves as collateral, provided loans to purchase slaves, insured such transactions or the slaves, or provided any other services to aid in such transactions, shall disclose in writing whether the contractor engaged in such commerce in slavery as follows:

A. Insurance companies shall file such written disclosure with the City within 30 days of the effective date of this ordinance.

B. Banks or other financial institutions shall have six months from the effective date of this ordinance to file such written disclosure with the City.

C. Contractors who are parties to new contracts providing insurance or financial services to the City shall provide such disclosure in conjunction with execution of a contract with the City, but no earlier than the periods set forth in subsections A and B above. (Ord. 6855-NS § 2 (part), 2005)

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

B. In addition, any Berkeley resident or the City Attorney may bring an action against a person or entity subject to this chapter to enforce its provisions. The relief shall include, but shall not be limited to, an injunction to mandate written disclosure or to correct any misstatement and reasonable attorney’ s fees and costs. (Ord. 6855-NS § 2 (part), 2005)