Memorandum

To:       City of Berkeley Commission on Labor

From:   Bay Area Sweatfree Coalition

Date:    Wednesday May 17, 2006

Re:       Enforcement funding for sweatfree ordinance for the City of Berkeley

Introduction

As many of you know, sweatfree ordinances are a new method to create local responses to the complex problems of globalization.  Over 70 sweatfree ordinances have been passed in cities, counties and states across the country.  

We believe that the City of Berkeley is uniquely positioned to move the anti-sweatshop movement forward by passing this ordinance.  If the city passes this ordinance with full funding, it will be the third city to do so and will show the potential for these ordinances to take hold.  With the language as it is currently drafted, if passed with funding, Berkeley’s sweatfree ordinance will be the strongest in the nation.

This memo is an effort to address the question: How can the sweatfree ordinance be enforced?

Scope

The scope of the ordinance is broad – it includes not only garments but all purchases by the City like equipment, materials, etc.  This is the same as San Francisco’s ordinance and represents a giant leap forward in fighting sweatshop abuses around the world. 

Enforcement

In order to enforce this ordinance, funds are necessary for a two-pronged approach:

1)   To contract with an independent non-profit monitoring agency which will visit factories that produce goods purchased by the City of Berkeley, in whatever country in the world they may be.  Los Angeles is contracting with the Workers Rights Consortium, a monitoring agency with years of experience auditing factories. 

2)   To gather information about the vendors that the City of Berkeley currently contracts with; specifically, who are their contractors and subcontractors and where are they located. 

This is based on similar sweatfree ordinances that were passed with $100,000 enforcement funding in San Francisco and Los Angeles.  Those cities allocated $50,000 for a monitoring agency and $50,000 for a part-time city staffperson to gather the information.

Former Senator Tom Hayden has these comments about enforcement of the Berkeley sweatfree ordinance:

“The ordinance will not work without funding for an independent monitor with no corporate conflicts-of-interest.  The reason for this is that workplace abuses are likely to occur in Asia and Latin America manufacturing sites where periodic inspections will be required, not a task for your City staff.  Links with human rights and labor groups in those countries are not enough.  An experienced monitor able to make spot inspections and conduct independent interviews with workers offsite is essential.”

Consortium possibility

National anti-sweatshop organizations are working to establish a sweatfree consortium for cities, counties, and states.  Public entities would buy into this consortium which would then monitor their factories in other countries.  The amount public entities pay would be based on a percentage of their procurement budget.

This consortium would be modeled on two similar efforts: the Workers Rights Consortium which was established as a consortium for universities and the Governor’s Sweatfree Coalition which is setting up a consortium for states.

Sweatfree Communities, a network for local action against sweatshops, www.sweatfree.org, is leading this effort.

Request

For the estimated cost of #1 above, or for the City of Berkeley to participate in the consortium, I refer you to the attached letter from the Workers Rights Consortium.  Based on the analysis from Scott Nova, the Executive Director of the WRC, the cost to the City of Berkeley will be $25,000.  This takes into account the fact that the City of Berkeley spends $89 million on goods and services per year. 

We are estimating $20,000 in city staff costs to compile the information on vendors, contractors, and subcontractors.  This number is open to negotiation as city staff see fit.

Therefore, at this time we are requesting $45,000 to fully fund this ordinance. 

Thank you for your time and attention.