FILE NO. 1 ORDINANCE NO. [Administrative Code - Establishing African American Reparations Advisory Committee] 2 3 Ordinance amending the Administrative Code to establish the African American 4 Reparations Advisory Committee to advise the Board of Supervisors, the Mayor, the 5 Human Rights Commission, and the public regarding the development, adoption, and 6 implementation of a San Francisco Reparations Plan that determines the scope and 7 eligibility for a citywide reparations program, examines current structural 8 discrimination within San Francisco, and proposes institutional reforms to guard 9 against the need for future redress. 10 11 12 13 14 NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times New Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. 15 Be it ordained by the People of the City and County of San Francisco: 16 Section 1. Chapter 5 of the Administrative Code is hereby amended by adding Article 17 XLVI, consisting of Sections 5.46-1 through 5.46-7, to read as follows: 18 ARTICLE XLVI: 19 AFRICAN AMERICAN REPARATIONS ADVISORY COMMITTEE 20 21 SEC. 5.46-1. CREATION OF ADVISORY COMMITTEE. 22 The Board of Supervisors hereby establishes the African American Reparations Advisory 23 Committee (the “Advisory Committee”) of the City and County of San Francisco. 24 25 SEC. 5.46-2. PURPOSE. Supervisor Walton BOARD OF SUPERVISORS Page 1 1 The purpose of the Advisory Committee is to advise the Board of Supervisors, Mayor, the 2 Human Rights Commission, and the public on the development of a San Francisco Reparations Plan 3 that: 1) chronicles the legacy of American chattel slavery, post-Civil War government-sanctioned 4 discrimination against African Americans, and ongoing institutional discrimination that has prevented 5 the enslaved and their descendants from fully benefiting from the growth of the U.S. economy, with an 6 emphasis on systemic, City-sanctioned discrimination that has adversely impacted the lives of Black 7 San Franciscans; 2) determines the scope of and eligibility for a citywide reparations program and the 8 means of disbursing reparations in order to make whole those who have been wronged or who continue 9 to suffer harm from past wrongs, to close racial wealth gaps, and to address ongoing discrimination, 10 anti-Black prejudice, and inequities; 3) improves education, housing, workforce development, 11 economic opportunities, financial stability, small businesses, transit access, and food security, while 12 reducing violence, health disparities, and over-criminalization, experienced by Black people; and 4) 13 examines current and historic structural discrimination within the City and County of San Francisco 14 and proposes institutional reforms to guard against the need for future redress. 15 16 SEC. 5.46-3. MEMBERSHIP. 17 (a) 18 19 The Advisory Committee shall consist of 15 voting members, appointed by the Board of Supervisors. (1) Seat 1 shall be held by a person who works for a media outlet that principally 20 serves the African American community, is a storyteller of African American stories, or is a historian 21 with expertise in African American history. 22 (2) Seat 2 shall be held by a person who has been displaced from San Francisco 23 due to gentrification. This member shall not be required to reside in the City and County of San 24 Francisco during their participation on the Advisory Committee. 25 Supervisor Walton BOARD OF SUPERVISORS Page 2 (3) 1 2 capital, or fundraising in the financial industry. (4) 3 4 Seat 3 shall be held by an individual with expertise in private equity, venture Seat 4 shall be held by an individual who is 65 years of age or older and who has lived in a predominantly African American community. 5 (5) Seat 5 shall be held by an individual who has been incarcerated. 6 (6) Seat 6 shall be held by an individual who has experienced discrimination in the (7) Seat 7 shall be held by an individual who has experienced or is experiencing (8) Seat 8 shall be held by an individual with expertise in the impact of 7 workplace. 8 9 homelessness. 10 11 redevelopment activities in the Fillmore District and the Western Addition on Black communities. (9) 12 13 Seat 9 shall be held by an individual with experience as a small business owner principally serving the African American community. (10) 14 Seat 10 shall be held by a person who is employed by or in a leadership position 15 in a charitable, social service, or religious organization principally serving the African-American 16 community. 17 18 19 20 21 (11) Seat 11 shall be held by a person who works in the technology industry with experience in the field of technological equity. (12) Seat 12 shall be held by a person who is between the ages of 14 and 24, inclusive, with experience working with community groups serving the African American community. (13) Seat 13 shall be held by a person representing the sectors served by the Office of 22 Economic and Workforce Development (construction, building and trades, hospitality, and medical 23 sectors) with experience working in predominantly African American communities. 24 25 (14) Seat 14 shall be held by an individual with experience as a parent or caregiver of a child or children experiencing barriers to or disparate treatment in education. Supervisor Walton BOARD OF SUPERVISORS Page 3 (15) 1 2 3 4 public housing. (b) In appointing members to the Advisory Committee, the Board of Supervisors shall strive to identify individuals who not only meet the qualifications set forth in subsection (a), but who also: (1) 5 6 Seat 15 shall be held by an individual who has lived or is currently living in Are willing to perform work in service of the Advisory Committee outside of Advisory Committee meetings; 7 (2) Bring diverse skills and experiences to the Advisory Committee; 8 (3) Have experience living or working in predominantly African American 9 neighborhoods or communities in San Francisco; (4) 10 11 Francisco’s Black communities; and (5) 12 13 Appreciate the diversity of viewpoints and experiences that exists within San Have personally experienced discrimination in employment, access to healthcare, or access to social services. 14 15 SEC. 5.46-4. ORGANIZATION AND TERMS OF OFFICE. 16 (a) Members of the Advisory Committee shall serve at the pleasure of the Board of 17 Supervisors and may be removed by the Board at any time. Each member may remain on the Advisory 18 Committee until the termination of the Advisory Committee under Section 5.46-7, unless removed by 19 the Board. 20 (b) Service on the Advisory Committee shall be voluntary. Subject to the availability of 21 funds and pursuant to written policies and procedures adopted by the Human Rights Commission, 22 Advisory Committee members may receive a per meeting stipend. The amount of such stipend shall be 23 set by the Human Rights Commission based on a finding that such amount is no more than necessary to 24 compensate members for the average costs incurred by members to attend Advisory Committee 25 meetings, including but not limited to transportation and childcare costs. Supervisor Walton BOARD OF SUPERVISORS Page 4 1 (c) Any member who misses three regular meetings of the Advisory Committee within a six- 2 month period without the express approval of the Advisory Committee at or before each missed meeting 3 shall be deemed to have resigned from the Advisory Committee ten days after the third unapproved 4 absence. The Advisory Committee shall inform the Board of Supervisors of any such resignation. 5 6 7 (d) The Human Rights Commission shall provide administrative support for the Advisory Committee. (e) At the request of the Advisory Committee, and subject to the fiscal, budgetary, and civil 8 service provisions of the Charter and all applicable rules regarding competitive selection, the Human 9 Rights Commission may retain consultants with appropriate expertise to assist the Advisory Committee 10 in its development of the draft and final San Francisco Reparations Plans. 11 12 SEC. 5.46-5. POWERS AND DUTIES. 13 (a) The Advisory Committee shall have the power and the duty to advise the Board of 14 Supervisors, Mayor, the Human Rights Commission, and the public in the development, adoption, and 15 implementation of a San Francisco Reparations Plan. 16 (b) By no later than six months after its inaugural meeting, the Advisory Committee shall 17 submit to the Board of Supervisors, the Mayor, and the Human Rights Commission a report 18 summarizing the research, outreach, and other efforts it intends to undertake in support of its 19 preparation of a San Francisco Reparations Plan. 20 (c) By no later than 18 months after its inaugural meeting, the Advisory Committee shall 21 submit to the Board of Supervisors a draft San Francisco Reparations Plan (“Draft Plan”), along with 22 a proposed resolution to accept the Draft Plan, and the Board may act by resolution to accept, reject, 23 or modify the Draft Plan. The Advisory Committee shall also submit the Draft Plan to the Mayor and 24 the Human Rights Commission, and the Director of the Human Rights Commission shall post the Draft 25 Plan on the Human Rights Commission’s website. Supervisor Walton BOARD OF SUPERVISORS Page 5 1 (d) By no later than 24 months after its inaugural meeting, the Advisory Committee shall 2 submit to the Board of Supervisors a final San Francisco Reparations Plan (“Final Plan”), which shall 3 incorporate feedback received from the Board of Supervisors, the Mayor, the Human Rights 4 Commission, and the public in response to the Draft Plan. The Final Plan shall be accompanied by a 5 resolution to accept the Final Plan, and the Board may act by resolution to accept, reject, or modify the 6 Final Plan. 7 8 SEC. 5.46-6. MEETINGS AND PROCEDURES. 9 (a) The Advisory Committee shall hold its inaugural meeting not more than 90 days after 10 the effective date of the ordinance in Board File No. _________ enacting this Article XLVI. There shall 11 be at least ten days’ public notice of the inaugural meeting. Following the inaugural meeting, the 12 Advisory Committee shall hold a regular meeting not less than once each month. 13 14 (b) The Advisory Committee shall elect a chair and such other officers as it deems appropriate, and may establish bylaws and rules for its organization and procedures. 15 16 SEC. 5.46-7. SUNSET. 17 Unless the Board of Supervisors by ordinance extends the term of the Advisory Committee, this 18 Article XLVI shall expire by operation of law, and the Advisory Committee shall terminate, three years 19 after the effective date of the ordinance in Board File No. _______________ enacting this Article. In 20 that event, after the sunset date, the City Attorney shall cause this Article XLVI to be removed from the 21 Administrative Code. 22 23 24 Section 2. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the 25 Supervisor Walton BOARD OF SUPERVISORS Page 6 1 ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board 2 of Supervisors overrides the Mayor’s veto of the ordinance. 3 4 5 6 7 8 APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: _____/s/ ANNE PEARSON Deputy City Attorney n:\legana\as2020\2100118\01487265.docx 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Supervisor Walton BOARD OF SUPERVISORS Page 7