October 3, 2023
Mayor's Office
DATE: October 3, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Eduardo Martinez, Mayor
Subject:
Resolution to Rescind Resolution 92-17 which restricted City-sponsored travel to certain states.
FINANCIAL IMPACT: Click or tap here to enter text.
PREVIOUS COUNCIL
ACTION:
July 18, 2017
STATEMENT OF THE
ISSUE:
In 2017, the City of Richmond adopted Resolution 92-17, which restricted funding for travel by City officials to states identified by the California Attorney General under the authority of Government Code section 11139.8 (e) .
Because Senate Bill 447, which was signed by Governor
Newsom and is currently in effect, repealed the travel
restrictions established by Government Code section
11139.8 (e) , the Mayor’s Office is recommending that
Resolution 92-17 be rescinded.
RECOMMENDED ACTION:
ADOPT a resolution rescinding Resolution 92 -17 that
prevents City-funded travel to states in reliance on state law. Governor Newsom repealed the travel restrictions
established by Government Code section 11139.8 (e) and
therefore the Mayor’s Office is recommending that
Resolution 92 -17 be rescinded – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
AGENDA
REPORT
October 3, 2023
DISCUSSION:
In 2017, the City Council adopted Resolution No. 92-17, which established restrictions on City-sponsored travel to states identified by the California Attorney General as discriminating on the basis of sexual orientation, gender identity or gender expression.
Resolution 92-17 incorporated the policies of the State of California as established by Assembly Bill (AB) 1887.
Adopted in 2016, AB 1887 prohibited a California state agency from requiring any of its employees, officers, or members to engage in non-essential travel to, or approving a request for state funded or state-sponsored travel to, any state which discriminated on the basis of sexual orientation. AB 1887 directed the California Attorney General to identify those states and to develop, maintain and post on his or her Internet Web site a current list of states that, after June 26, 2015, had enacted a law that, (1) voids or repeals, or has the effect of voiding or repealing existing state or local protections against discrimination on the basis of sexual orientation, gender identity, or gender expression; or
(2) authorizes or requires discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression; or (3) creates an exemption to antidiscrimination laws in order to permit discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression.
Resolution 92-17 relied on California Government Code section 11139.8 which prohibiting any city agency, department, board, or commission from requiring any city employees, officers, or members to travel to a state that was identified by the Attorney General under California law.
The policy included exceptions that apply if travel to a subject state is required for the following purposes:
• Enforcement of local laws, including auditing and revenue collection, • Litigation,
• To meet contractual obligations incurred before January 1, 2017, • To comply with requests by the federal government to appear before committees, • To participate in meetings or training required by a grant or required to maintain grant funding,
October 3, 2023
• To complete job-required training necessary to maintain licensure or similar standards required for holding a position, in the event that comparable training cannot be obtained in California or a different state not subject to the travel prohibition,
• For the protection of public health, welfare, or safety, as determined by the affected agency, department, board, authority, or commission, and, • Participation in events, conferences, trainings or other activities that have a stated purpose of advancing anti-discrimination, anti-oppression, social justice, and pro-equality related issues that are directly relevant to the city agency, department, board, or commission requesting permission to travel.
On September 13, 2023, Governor Newson signed California Senate Bill (SB) 447 (referred to as the BRIDGE Project)) into law. SB 447 repealed the travel ban established by Government Code section 11139.8 and replaced it with an advertising campaign targeting the banned states that promotes acceptance and inclusion for the LGBTQ+ community. In arguing for the repeal, the bill’s sponsors cited how it had become unwieldy, given that the list of banned states had grown from four to twenty- three.
Rescinding Resolution 92-17 is appropriate given that Government Code section 11139.8, upon which the City’s travel ban policy relies on, is no longer state law.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution 92-17
Attachment 2 – Proposed Resolution Rescinding Resolution 92-17