HomeMy WebLinkAbout2003-09-08 City Council (7)TO:
of Palo Alto
City Manag ’s Report
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE:
SUBJECT:
SEPTEMBER 8, 2003 CMR: 409:03
HUMAN RELATIONS COMMISSION RECOMMENDATION TO
CITY COUNCIL TO ADOPT A RESOLUTION OPPOSING STATE
PROPOSITION 54 ("CLASSIFICATION BY RACE,ETHNICITY,
COLOR OR NATIONAL ORIGIN INITIATIVE")
RECOMMENDATION
Staff and the City of Palo Alto’s Human Relations Commission (HRC) recommend that
the City Council adopt a resolution opposing the Classification of Race, Ethnicity and
National Origin Initiative also known as the Racial Privacy Initiative.
BACKGROUND
The Racial Privacy Initiative proposes to prohibit most local and state agencies from
collecting data on race, ethnicity, color or national origin in the areas of public education,
contracting and employment. This initiative will be on the statewide special election
ballot on October 7, 2003. The HRC called a special meeting on Thursday, August 14,
2003 to take the Racial Privacy Initiative under consideration and to allow for a timely
recommendation to Council. Staff requests that Council take immediate action should
the City of Palo Alto wish to be on record opposing this initiative, prior to the election.
DISCUSSION
At its August 14, 2003 special meeting, Commissioners heard testimony from a number
of Palo Alto residents and organizations including testimony from Paul Gilbert, board
member of the Northern Chapter of the American Civil Liberties Union, requesting that
the City go on record opposing the initiative. The HRC voted unanimously to recommend
a resolution opposing the Racial Privacy Initiative to the City Council.
If the Racial Privacy Initiative passes, the City of Palo Alto will be unable to implement
its City-wide Anti-Discrimination Policy that prohibits the City from discriminating in:
employment, access to city programs, contracting, provision of City funding and leasing
space. The City of Palo Alto Police Department will be unable to investigate racial
profiling and hate crimes, as wilt other state and local police departments. Without the
collection of racial and ethnic data, the Human Relations Commission will have difficulty
in acting when it finds any person or group is unable to fully benefit from opportunities
CMR:409:03 Page 1 of 2
or resources in the community, or is unfairly treated because of race, cultural
characteristics, ethnic background, ancestry or citizenship. Without the collection of
racial and ethnic data, state and local agencies will be hindered in their efforts to improve
education specifically for students from historically disadvantaged communities. Public
health efforts to study and address serious health disparities between different
communities will be severely hindered.
RESOURCE IMPACT
This recommendation should not be a significant impact on staff time.
ATTACHMENTS
Attachment A:
PREPARED BY:
Draft Resolution Opposing Proposition 54 known as the "Racial
Privacy Initiative or The Classification of Race, Ethnicity, Color
Or National Origin Initiative (CRENO Initiative).
- -~. TI~ EsPIN(J)ZA.HC~WARD
l~irector of Human Services
PAUL THILTGEN
Director of Community Services
CITY MANAGER APPROVAL:
Assistant City Manager
CMR:409:03 Page 2 of 2
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO OPPOSING PROPOSITION 54 ON THE
OCTOBER 7, 2003 BALLOT
WHEREAS, Proposition 54, also known as the "Racial
Privacy initiative," or the Classification by Race, Ethnicity,
Color, or Nationa! Origin Initiative (CRENO), would prohibit
!ocal and state agencies from collecting data with regard to
race, ethnicity, color or nationa! origin, and would forbid
governmenta! agencies from classifying students, contractors or
emp!oyees by race, ethnicity, color or national origin; and
WHEREAS, in June 2003 the City of Palo Alto enacted an
ordinance establishing a City-wide Anti-discrimination Policy,
and
WHEREAS, it is well established that governmental
agencies are prohibited from discriminating based on race,
ethnicity, co!or or nationa! origin in the areas of public
emp!oyment and public contracting under federa! and state law;
and
WHEREAS, the City of Palo Alto collects data relating to
racia!/ethnic minority status in order to administer local,
state, or federally mandated programs, when legal and
appropriate, including specifically with respect to housing,
police enforcement and City contracting; and
WHEREAS, prohibiting public agencies from collecting and
maintaining such data could prejudice efforts to ensure that
there is equal opportunity in government programs, and could
prejudice the City’s ability to defend against claims arising
under state or federal law; and
WHEREAS, this proposition if enacted~ could constitute a
significant barrier to investigating racia! profiling and hate
crimes by the Palo Alto Police Department as well as county and
state police agencies, and could interfere with the federal
government’s collection of national crime reporting data on
race; and
WHEREAS, lack of racial and ethnic data will severely
hinder public health efforts to study and address serious health
disparities between different communities; and
WHEREAS, lack of racial and ethnic data will also hinder
the state in~_Ls’~ efforts to improve educaL_on~ in genera! and
030902 sm 8120388
specifically for
communities; and
students from historically disadvantaged
WHEREAS, without the collection of racial and ethnic
data, the City of Palo A!to’s Human Relations Commission wil! be
severely hampered in fulfilling its mission, to act when it
finds that any person or group does not benefit fully from
public or private opportunities or resources in the community,
or is unfairly or differently treated due to factors including,
without limitation, race, cultura! characteristics, ethnic
background, ancestry, or citizenship; and
WHEREAS, collection of racial and ethnic data by state
agencies is crucial to efforts of the City of Palo Alto to
address the numerous disparities that exist between ethnic
communities.
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
SECTION I. The Council of the City of Palo Alto
strongly opposes Proposition 54 on the October 7, 2003 ballot.
SECTION 2. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore,
no environmenta! impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
APPROVED:
City Manager
Director of Community Services
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