Demand for Executive Orders and an Emergency Session to Enact Reparations Legislation

Governor Newsom,

In the wake of George Floyd’s death in 2020, you publicly affirmed your support for reparations for Black Americans, particularly those descended from enslaved Africans in the United States. Your pronouncements sparked hope for many who have long sought legal and equitable remedies for the systemic racial discrimination and economic disenfranchisement faced by Black Americans. However, recent events cast doubt on the sincerity of this commitment, necessitating immediate action to rectify this failure.

As a direct result of your support, the California Legislature enacted Assembly Bill 3121, which created the California Reparations Task Force (CRTF) to study and develop proposals for reparations. This non-regulatory state agency, composed of appointed officials from various branches of state government, was charged with the critical task of providing a legal framework for reparations. In June 2023, after nearly three years of research, public hearings, and deliberation, the CRTF released its final report with comprehensive recommendations on how the State of California could remedy its historical and ongoing harm against Black residents.

Despite this substantial groundwork, the failure to act on Senate Bill 1403 and Senate Bill 1331 demonstrates a breach of legislative and moral responsibility. On August 31, 2024, the last day of the legislative session (Sine Die), the California Assembly failed to bring these crucial bills to a vote. Senate Bill 1403, which proposes the establishment of the California American Freedmen Affairs Agency to oversee reparations programs, and Senate Bill 1331, which seeks to create a dedicated reparations fund, were inexplicably shelved. These bills, which had already passed the Senate, were supported by the California Legislative Black Caucus (CLBC) and Democratic lawmakers, yet were obstructed from a floor vote, denying Black Californians the justice they are owed.

Our Demands:

1. Issuance of Executive Orders: Pursuant to your executive authority under the California Constitution, we demand that you immediately issue executive orders to implement SB 1403 and SB 1331. Executive action is warranted given the failure of the Legislature to carry out its duty. This is a matter of state interest and racial justice, and time is of the essence. An executive order would ensure the creation of the California American Freedmen Affairs Agency and establish the necessary funding mechanism to begin reparations programs without further delay.
2. Convene an Emergency Legislative Session: Under your authority as Governor, you are empowered to call an emergency session of the California Legislature under Article IV, Section 3(b) of the California Constitution. We demand that you convene an emergency session of the Assembly to ensure that SB 1403 and SB 1331 are brought to the floor for an immediate vote. The failure to act during the regular session represents a breach of the Assembly's fiduciary duty to Black Californians, and immediate legislative intervention is required to rectify this injustice.

Failure of the California Legislative Black Caucus (CLBC): It has come to light that the CLBC, despite publicly co-authoring and endorsing the bills, intentionally obstructed their passage. This was allegedly due to internal conflicts and instructions from your administration. Specifically, credible sources suggest that you introduced last-minute amendments aimed at diverting $6 million to the California State University system for further studies on reparations. These amendments were unacceptable, as they sought to delay the implementation of reparations by commissioning redundant studies on an issue that has already been thoroughly researched by the CRTF.

Furthermore, it is alleged that members of the CLBC were pressured not to advance SB 1403 and SB 1331 to protect your political interests. These actions amount to willful neglect of their legislative duties and a betrayal of the very constituency they claim to represent.

The obstruction of these bills, particularly given the bipartisan support they garnered, is an affront to the Black community and to the democratic process. Your administration's actions, through both direct and indirect means, have stifled legislative efforts to deliver reparative justice. These actions also raise significant legal concerns, as the intentional delay of reparations legislation may constitute a violation of Black Californians’ civil rights.

Your Legacy is at Stake: Governor Newsom, as the chief executive officer of the State of California, you have a fiduciary and moral duty to rectify the historical and ongoing harm done to Black Californians. Your legacy is now tied to the outcome of these bills. Failure to act decisively at this moment will cement your legacy not as a leader of progress, but as one who used Black suffering as a political tool without delivering substantive change.

We are no longer interested in symbolic gestures or further studies. The CRTF has provided all the necessary data, legal analysis, and recommendations. Now, the responsibility falls to you to take concrete action.

We, the undersigned, formally demand that you:

1. Immediately issue executive orders to implement SB 1403 and SB 1331.
2. Convene an emergency session of the California Assembly to vote on these bills without further delay.

The failure to act on reparations is a violation of the principles of equity, justice, and fairness that you have claimed to support. We expect immediate action in accordance with the law and your constitutional duties. The eyes of the Black community and the nation are on you.

SPONSORED IN PART BY:

FBA National Advocacy Group 

Ohio Alliance for Social Justice