Berkeley Municipal Code Ch. 3.68 Peace and Justice Commission

The council finds as follows:

A. The intentional destruction of cities in war is the rule and not the exception.

B. State, national and international governmental bodies have failed to control war and in fact, have in many cases, been responsible for war and the conditions of war.

C. The wealth that could be spent to help the poor, heal the sick, house the homeless, educate the children, and care for the elderly is now spent on ever more costly weapons of mass destruction.

D. Peace is not a fictitious tranquil end-state, but the process of solving differences constructively, creatively, and non-violently.

E. Peace is inseparable from justice.

F. The present threat of nuclear or biological holocaust is not peace, but a condition of war against all humanity.

G. Initiatives are needed to reverse the drift toward war and to remove the causes of war.

H. Our best protection lies in initiating, devising, and promulgating peaceful and just policy alternatives.

I. Individual citizens, unless organized, are virtually powerless in confronting and influencing larger governmental bodies.

J. It is the responsibility of one and all to labor hard for peace and justice within forums of appropriate scale.

K. The residents of Berkeley have continually demonstrated their concern for peace and justice based on equality among all peoples.

L. The residents of Berkeley have welcomed to our City those who have been forced into exile, and who have come fleeing torture and death.

M. The Berkeley City Council, to act successfully in furthering peace and justice, must have wise counsel, accurate research, vigorous analysis, articulate formulation of issues and proposals for action, and thus the establishment of a Peace and Justice Commission is proper. (Ord. 5705-NS § 1, 1986)

A Peace and Justice Commission is hereby established. The commission shall consist of fifteen members. Six members shall be appointed by the Berkeley Unified School District Board and nine members shall be appointed by the Berkeley City Council. Commission members shall have a demonstrated interest in the area of peace and social justice. It is suggested that the commission should have some representation of political refugees and political exiles who are residents of Berkeley and otherwise eligible to serve on the commission. Berkeley City Council appointments to the commission shall be made, and vacancies shall be filled in accordance with the provisions of Sections 2.04.030 through 2.04.130 of the Berkeley Municipal Code enacted as Ordinance No. 4780-N.S. by the voters of the City. (Ord. 5705-NS § 2, 1986)

For the purpose of this chapter, "peace and social justice" shall refer to the goal of creating a world community in which the relations between people are based on equality, respect for human rights, and the abhorrence of exploitation and all forms of oppression. (Ord. 5705-NS § 3, 1986)

A. The appointment of any member of the commission who has been absent from three consecutive meetings shall automatically terminate as set forth in Berkeley Municipal Code Chapter 3.02 unless: (i) the absence of the commissioner is due to incarceration for acts of conscience or is due to absence from the City for work related to that of the commission, (ii) in the case of absences for reasons stated in item (i) it is strongly urged that in accordance with Section 3.02.030 of the Berkeley Municipal Code the appointing councilmember grant a leave of absence for not more than three months, and fill the vacancy with a temporary appointment to the commission.

B. The chairperson of the commission shall report the attendance records of each member of the commission to the City Clerk monthly for each regularly scheduled meeting.

C. Any member absent as noted in items A (i) and A (ii) above shall be recorded as "excused". Any member absent without being recorded as excused from three consecutive regular meetings as reported monthly shall be terminated automatically after the third missed meeting.

D. The City Clerk shall notify any member whose appointment has automatically terminated and report to the appointing City Councilmember or School Board that a vacancy exists on the commission and that an appointment should be made for the unexpired term. (Ord. 5705-NS § 4, 1986)

The commission may designate one or more of its members to act as a liaison representative to any other board, commission, or committee of the City. The functions of the liaison representative may include:

A. Attendance at meetings of such other boards, commissions or committees;

B. Advising the Peace and Justice Commission on the background behind those recommendations to the City Council of other boards, commissions or committees; and,

C. On request of any member of such other board, commission or committee giving advice to such other board, commission or committee of policies, and procedures and recommendations to the City Council of the Peace and Justice Commission that may bear upon matters under discussion by such other board, commission or committee. (Ord. 5705-NS § 5, 1986)

A. The commission shall organize by electing from its members one chairperson and one vice-chairperson and such other officers as may be necessary, who shall hold office for one year and until their successors are elected unless their terms as members of the commission expire sooner. An officer or employee of the City designated by the City Manager shall serve as secretary to the commission.

B. The commission shall establish a regular place and time for meeting. All meetings shall be noticed as required by law and shall be scheduled in a way to allow for maximum input from the public. The frequency of meetings shall be as determined by City Council resolution. The scheduling of special meetings in addition to those established by City Council resolution, except special meetings that take the place of cancelled regular meetings, shall be subject to approval by the City Council. A request for a special meeting shall include the reason for the proposed meeting and should be expedited on the City Council’ s agenda, or in the alternative, placed before the Agenda Committee for approval.

C. The commission shall establish internal working rules and procedures which do not violate those rules of governance existing in the City Charter, the Commissioner’s Handbook, or established through the authority of the City Council. (Ord. 6899-NS § 1, 2006; Ord. 5705-NS § 6, 1986)

The commission shall perform the following functions:

A. Advise the Berkeley City Council and the Berkeley Unified School Board on all matters relating to the City of Berkeley’s role in issues of peace and social justice, including, but not limited to the issues of ending the arms race, abolishing nuclear weapons, support for human rights and self-determination throughout the world, and the reallocation of our national resources so that money now spent on war and preparation of war is spent on fulfilling human needs and the promotion of peace.

B. Help create citizen awareness around issues of social justice and develop educational programs for implementation by the City Council and the School Board.

C. Help develop proposals for the City Council and the School Board for actions in furtherance of the goals of peace and justice, and help publicize such actions in the community.

D. Hold public hearings and community forums on issues that fall within the charge of the commission, and call on appropriate witnesses to provide pertinent information.

E. Initiate and encourage research programs to collect and assess information relevant to the functions of the commission including the effect of the arms race and military spending on funding for City and school programs and on the quality of life for citizens of Berkeley.

F. Develop ways to resolve conflict which do not involve violence and which may be applied on a local level as well as a national level.

G. Initiate and develop cultural and educational foreign exchange.

H. Act as a liaison between community groups organizing around issues of peace and social justice and City government.

I. Prepare inventories of City resources, both public and private that are available for furthering the work of promoting international peace and social justice.

J. Provide information to other municipalities and school districts on the work of the commission, and exchange information on actions taken by cities and the School Board in furtherance of the goals of the commission.

K. Assist the Director of Finance in the annual evaluation of financial institutions for qualification of City investments; complete development and assist in the implementation of a linked deposit program; encourage target investments; coordinate with City agencies, appropriate community organizations, public and private investors, and the Governor’s Public Investment Task Force; and advise the City Council on matters relating to the responsible investment of public funds in accordance with the responsible investment policy established by Resolution No. 55,141A-NS.

L. Perform such other functions and duties as may be directed by the City Council or prescribed or authorized by any ordinance of the City, and such other functions and duties not prohibited by City Council which the commission should decide are consistent with its overall function of promoting peace and social justice.

M. In prescribing the above duties and functions of the commission, it is not the intent of the council to duplicate or overlap the functions, duties, or responsibilities heretofore or hereafter assigned to any other City board or commission or to a City department. As to such functions or responsibilities above set forth which are partially or wholly the responsibilities of another board or commission or of a department of the City, the commission will render such assistance and advice to such board, commission or department as may be requested. (Ord. 6017-NS § 1, 1990; Ord. 5705-NS § 7, 1986)