APPROVED AS TO FORM AND LEGALITY
____________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
INTRODUCED BY COUNCILMEMBER CARROLL FIFE
AND CO-SPONSORED BY CITY ATTORNEY BARBARA J. PARKER
RESOLUTION IN SUPPORT OF PROPOSITION 6, WHICH IF
APPROVED BY VOTERS AT THE NOVEMBER 5, 2024 GENERAL
ELECTION, WOULD AMEND ARTICLE 1, SECTION 6 OF THE
CALIFORNIA CONSTITUTION TO PROHIBIT SLAVERY AND
INVOLUNTARY SERVITUDE AS PUNISHMENT FOR CRIME
WHEREAS, Article 1, Section 6 of the California Constitution currently states that slavery and involuntary servitude are prohibited, except as punishment for crime; and WHEREAS, the exception clause permits the continued exploitation of labor from incarcerated individuals, which disproportionately impacts people of color, particularly Black and Indigenous communities, and perpetuates systemic racial inequalities; and WHEREAS, forced labor under the guise of punishment for crime is a vestige of slavery, a system that the United States Constitution's 13th Amendment sought to abolish, yet left this harmful exception intact, effectively allowing slavery by another name; and WHEREAS, California is currently one of only 16 states that still retains this exception in its constitution, perpetuating a practice that should have been eradicated with the abolition of slavery; and
WHEREAS, Proposition 6 seeks to amend Article 1, Section 6 of the California Constitution to remove the exception clause, fully prohibiting slavery and involuntary servitude under any circumstances, thereby reaffirming California's commitment to human rights and dignity; and
WHEREAS, the passage of Proposition 6 aligns with the principles of justice and fairness, ensuring that no individual, regardless of their legal status, can be subjected to involuntary servitude as a means of punishment; and
WHEREAS, there is no formal opposition to Proposition 6, and its passage would only strengthen California’s justice system by promoting rehabilitation over exploitation; and
D AS TO FORM AND LEGALITY
________________________________________
CITY ATTORNEY’S OFFICE
WHEREAS, a broad coalition of civil rights organizations, faith leaders, labor unions, legal experts, and formerly incarcerated individuals have voiced their strong support for Proposition 6; and
WHEREAS, the Oakland City Council has previously passed resolutions in support state- level efforts to amend Article 1, Section 6 of the California Constitution 1; and
WHEREAS, the City of Oakland recognizes the importance of historical accountability and the responsibility to dismantle the legacies of systemic injustice embedded in our state and nation’s legal framework; now, therefore, be it
RESOLVED: That the Oakland City Council hereby supports and endorses Proposition 6, which would amend Article 1, Section 6 of the California Constitution to remove the exception clause permitting slavery and involuntary servitude as punishment for crime.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
1 See Resolutions 88843 CMS (2021) and 90323 C.M.S. (2024)