HomeMy WebLinkAbout1985-134-08/20/1985-PROMULGATING RULES AND REGULATIONS WITH REGARD TO THE INVESTMENT PRACTICES OF THE CITY AND WITH REGA 1
RESOLUTION 85-134
OF THE COUNCIL OF THE CITY OF FORT COLLINS
PROMULGATING RULES AND REGULATIONS WITH REGARD TO THE
INVESTMENT PRACTICES OF THE CITY AND WITH REGARD TO THE
PURCHASES OF SUPPLIES AND CONTRACTUAL SERVICES BY THE CITY AS SUCH
INVESTMENTS AND PURCHASES RELATE TO THE REPUBLIC OF SOUTH AFRICA
WHEREAS, the legally enshrined policy of apartheid practiced by the
government of South Africa is morally repugnant to the people of the City
of Fort Collins; and
WHEREAS, under apartheid, the South African government uses the
processes of law to deprive the black majority of basic human freedom and
dignity; and
WHEREAS, apartheid is maintained by the regressive tactics of a police
state; and
WHEREAS, non-whites seeking to exercise fundamental human freedoms
individually or collectively are swiftly subjected to brutal repression;
and
WHEREAS, the Council of the City of Fort Collins has determined to
utilize its control of the investment and expenditure of public monies, to
the extent possible, to insure that purchases, deposits, and investments
are made consistently with moral standards and in a manner which promotes
the public welfare; and
WHEREAS, the Council does further seek to protect the financial
interests of the City by limiting the number of City contracts which may
depend for their satisfaction on the internal security of the Republic of
South Africa, where relentless oppression has led to increasing civil
disturbances, making sabotage of business interests and revolution
possible; and
WHEREAS, it is the intention of the Council that these provisions
operate prospectively, and that contracting decisions shall not be based
upon a contractor's dealings with the South African government prior to the
effective date of this Resolution; and
WHEREAS, Article V, Section 23(E) provides that the Director of Finance
shall invest City funds as directed by the City Council by resolution; and
WHEREAS, Section 2-56 of the Code of the City provides that the
Purchasing Agent shall effect purchases of supplies and contractual
services in accordance with, among other things, the rules and regulations
of the City; and
WHEREAS, it is the purpose of this Resolution to instruct the Director
of Finance with regard to the investment of City funds and to promulgate
rules and regulations with regard to the purchase of supplies and
contractual services by the Purchasing Agent.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That no bank, trust company, brokerage firm or other
financial or investment institution shall be utilized for the purpose of
depository or investment of City funds unless:
(1) It does not provide the following services, either directly
or through a subsidiary or agent:
(A) Advertising or otherwise promoting the sale, outside of the
Republic of South Africa or Namibia, of krugerrands or other coins
minted in the Republic of South Africa or Namibia,
(B) Underwriting securities of the government of the Republic of
South Africa,
(C) Making loans to, investments in or transacting any other
business with such government other than loans for educational ,
housing or health facilities available to all persons on a totally
nondiscriminatory basis and located in geographic areas accessible to
all population groups without any legal or administrative
restrictions,
(D) Making loans to, investments in or transacting any other
business with persons, firms, corporations or business entities,
howsoever constituted, with either a principal or subsidiary place of
operation located in the Republic of South Africa, unless such
person, firm, corporation or business entity has affirmatively
adopted the Sullivan Principles annexed hereto and incorporated
herein by reference, such affirmation to be duly adopted by its Board
of Directors or other governing body.
(E) Making loans to, investments in or transacting any other
business with persons, firms, corporations or business entities,
howsoever constituted, who transact business directly with any
individual or organizations enumerated in subparagraph (D) hereof.
(2) Notwithstanding the provisions of paragraph 1 above, the
Director of Finance (a) may engage the services of a bank, trust
company, brokerage firm or other financial or investment institution
which does not meet the above stated criteria upon a determination,
made in writing and forwarded to the Council , that deposit or
investment of City monies in such institution is necessary to obtain
essential services which are not reasonably obtainable from another
such institution.
(3) If the Finance Director shall decide that such policy not to
discriminate or provide services to the government of the Republic of
South Africa has been violated after giving the institution
opportunity to be heard, then upon 30 days notice to the institution,
he may declare the institution to be in default and may exercise such
rights and remedies as are legally available to the City upon such
declaration.
-2-
Section 2. That the Council does hereby establish and promulgate, as
rules and regulations pursuant to Section 2-56 of the Code of the City of
Fort Collins the following:
(1) No city agency shall contract for the supply of goods or
services with any person who does not agree to stipulate to the
following as material conditions of the contract if there is another
person who will contract to supply goods or services of comparable
quality at a comparable price:
(A) That the contractor and its substantially owned subsidiaries
shall not during the term of such contract sell or agree to sell ,
goods or services other than food or medical supplies directly to the
following agencies of the South African Republic government or
directly to a corporation owned or controlled by such government and
established expressly for the purpose of procuring such goods and
services for such specific agencies:
- the police,
- the military,
- the prison system, or
- the department of cooperation and development.
(8) In the case of a contract to supply goods, that none of the
goods to be supplied to the City originated in the Republic of South
Africa or Namibia unless the manufacturer or supplier of such goods
has affirmatively adopted the Sullivan Principles annexed hereto.
(C) That the contractor and its substantially owned subsidiaries
shall not during the term of such contract sell or agree to sell
goods or services to any individual , firm, corporation or other
business entity, howsoever constituted, which has either a principal
or subsidiary place of operation in the Republic of South Africa,
unless such person, firm, corporation or other business entity has
affirmatively adopted the Sullivan Principles annexed hereto.
(D) That the contractor and its substantially owned subsidiaries
shall not during the term of such contract sell or agree to sell
goods or services to any individual , firm, corporation or other
business entity, howsoever constituted, who transact business
directly with any individual or organization as enumerated in
paragraph (C) hereof.
(2) In the case of contracts subject to public letting under
sealed bids pursuant to Section 2-58 of the City Code, whenever the
lowest responsible bidder has not agreed to stipulate to the
conditions set forth in paragraph 1 of this section and another
bidder who has agreed to stipulate to such conditions has submitted a
bid within five percent of the lowest responsible bid for a contract
to supply goods or services of comparable quality, the Purchasing
Agent may determine that it is in the public interest that the
contract shall be awarded to such other bidder.
-3-
r 14 ' •
(3) Upon receiving information that a contractor who has agreed to
the conditions set forth in paragraph 1 of this section is in
violation thereof, the Purchasing Agent shall review such information
and offer the contractor an opportunity to respond. If the
Purchasing Agent finds that a violation of such conditions has
occurred, the Purchasing Agent shall take such action as may be
appropriate and provided for by law, rule or regulation, or contract,
including but not limited to imposing sanctions, seeking compliance,
recovering damages and declaring the contractor in default.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 20th day of August, A.D. 1985.
Mayor
ATTEST:
City Clerk
-4-
♦ .' .�: 4
STATEMENT OF PRINCIPLES
Principle 1 — Nonsegregation of the Races in All Eating, Comfort,
Locker Rooms, and Work Facilities
Principle 2 — Equal and Fair Employment Practices for All
Employees
Principle 3 — Equal Pay for All Employees Doing Equal or Com-
parable Work for the Same Period of Time
Principle 4 — Initiation and Development of Training Programs
that Will Prepare Blacks, Coloureds, and Asians in
Substantial Numbers for Supervisory,
Administrative, Clerical and Technical Jobs
Principle 5 — Increasing the Number of Blacks, Coloureds, and
Asians in Management and Supervisory Positions
Principle 6 — Improving the Quality of Employees' Lives Outside
the Work Environment in Such Areas as Housing,
Transportation, Schooling, Recreation, and Health
Facilities.
43
SULLIVAN PRINCIPLES (1979)
Rev. Leon H. Sullivan in May 1979 published an amplified version of his six principles
of equal employment practices for U.S. firms operating in South Africa. Following is
the text of the amplified principles:
PRINCIPLE I - Non-segregation of the races in all eating, comfort and work
facilities.
Each signator of the Statement of Principles will proceed immediately to:
• Eliminate all vestiges of racial discrimination.
• Remove all race designation signs.
• Desegregate all eating, comfort and work facilities.
PRINCIPLE II - Equal and fair employment practices for all employees.
Each signator of the Statement of Principles will proceed immediately to:
• Implement equal and fair terms and conditions of employment.
• Provide non-discriminatory eligibility for benefit plans.
• Establish an appropriate comprehensive procedure for handling and resolving
individual employee complaints.
• Support the elimination of all industrial racial discriminatory laws which
impede the implementation of equal and fair terms and conditions of
employment, such as abolition of job reservations, job fragmentation, and
apprenticeship restrictions for blacks and other non-whites.
• Support the elimination of discrimination against the rights of blacks to form
or belong to government registered unions, and acknowledge generally the
right of black workers to form their own union or be represented by trade
unions where unions already exist.
PRINCIPLE III - Equal pay for all employees doing equal or comparable work for the
same period of time.
Each signator of the Statement of Principles will proceed immediately to:
• Design and implement a wage and salary administration plan which is applied
equally to all employees regardless of race who are performing equal or
comparable work.
• Ensure an equitable system of job classifications, including a review of the
distinction between hourly and salaried classifications.
• Determine whether upgrading of personnel and/or jobs in the lower echelons is
needed, and if so, implement programs to accomplish this objective
expeditiously.
• Assign equitable wage and salary ranges, the minimum of these to be well
above the appropriate local minimum economic living level.
FROM: Kenneth Propp, The Domestic Debate over South Africa, Investor Responsibility
Research Center, Inc. , 1979.
'v
44
PRINCIPLE IV - Initiation of and development of training programs that will prepare,
in substantial numbers, blacks and other non-whites for supervisory,
administrative, clerical and technical jobs.
Each signator of the Statement of Principles will proceed immediately to:
i
• Determine employee training needs and capabilities, and identify employees
with potential for further advancement.
• Take advantage of existing outside training resources and activities, such as
exchange programs, technical colleges, vocational schools, continuation
classes, supervisory courses and similar institutions or programs.
• Support *he development of outside training facilities individually or
collectively, including technical centers, professional training exposure,
correspondence and extension courses, as appropriate, for extensive training
outreach.
• Initiate and expand inside training programs and facilities.
PRINCIPLE V - Increasing the number of blacks and other non-whites in management
I and supervisory positions.
Each signator of the Statement of Principles will proceed immediately to:
• Identify, actively recruit, train and develop a sufficient and significant number
of blacks and other non-whites to assure that as quickly as possible there will
be appropriate representation of blacks and other non-whites in the
management group of each company.
• Establish management development programs for blacks and other non-whites,
y as appropriate, and improve existing programs and facilities for developing
management skills of blacks and other non-whites.
• Identify and channel high management potential blacks and other non-white
employees into management development programs.
PRINCIPLE VI - Improving the quality of employees' lives outside the work
environment in such areas as housing, transportation, schooling,
recreation and health facilities.
Each signator of the Statement of Principles will proceed immediately to:
9 Evaluate existing and/or develop programs, as appropriate, to address the
specific needs of black and other non-white employees in the areas of housing,
health care, transportation and recreation.
• Evaluate methods for utilizing existing, expanded or newly established in-house
medical facilities or other medical programs to improve medical care for all
non-whites and their dependents.
• Participate in the development of programs that address the educational needs
of employees, their dependents and the local community. Both individual and
collective programs should be considered, including such activities as literacy
education, business training, direct assistance to local schools, contributions
and scholarships.
• Support changes in influx control laws to provide for the right of black migrant
workers to normal family life.
45
• Increase utilizati n of and assist in the developmelof Black and non-white
owned and operated business enterprises including distributors, suppliers of
goods and services and manufacturers.
• With all the foregoing in mind, it is the objective of the companies to involve
and assist in the education and training of large and telling numbers of blacks
and other non-whites as quickly as possible. The ultimate impact of this effort
is intended to be of massive proportion, reaching millions.
r
PERIODIC REPORTING
The signator companies of the Statement of Principles will proceed immediately to:
• Utilize a standard format to report their progress to Dr. Sullivan through the
independent administrative unit which he established on a 6-month basis.
• Ensure periodic reports on the progress that has been accomplished on the
implementation of these principles.