February 1999

PETITION TO RESTORE AFFIRMATIVE ACTION IN THE UC SYSTEM

There is a tremendous opportunity to restore affirmative action in the UC system now.  In a recent ruling on the implementation of Proposition 209, California Superior Court Judge Lloyd Connelly, Jr., held that Proposition 209 does not "prohibit the use of race and gender without discriminatory or preferential intent and effect for the purpose of equalizing employment, education and contracting opportunities."

In light of Judge Connelly's interpretation of Proposition 209, if the UC Regents rescind their ban on affirmative action (SP1 and SP2) now, it would be possible for UC-Berkeley and the UC system to restore affirmative action even as soon as the current admissions for the Fall 1999 UC class.

UC Regent William Bagley has stated that he will move to rescind the Regents' ban on affirmative action "as soon as I have the votes." Democratic Governor Gray Davis can make five appointments to the UC Board of Regents right away. Each of the five open seats (including a seat now provisionally filled by former Governor Pete Wilson's long-time aide and anti-affirmative action appointee, Joanne Kozberg) is important to ensuring that a majority of the Regents on the Board would vote for rescinding SP1 and SP2.  Governor Davis can withdraw Joanne Kozberg's provisional appointment, and the California State Senate can refuse to confirm her as a Regent.

A reversal of the UC Regents' ban on affirmative action would be an important victory for the movement to defend affirmative action. It would send the message that the elimination of affirmative action was a grave mistake, and it would open up the opportunity to restore affirmative action and stop the resegregation of the UC system.

THEREFORE, WE THE UNDERSIGNED DEMAND:

1. That Governor Gray Davis immediately fill all five open seats on the UC Board of Regents with people who are pledged to defending and restoring affirmative action in the UC system.

2. That Governor Gray Davis immediately withdraw the appointment of Joanne Kozberg, a Wilson appointee, from the UC Board of Regents.

3. That the California State Senate refuse to confirm Joanne Kozberg or any other appointee who is not pledged to the restoration of affirmative action in the UC system.

4. That the UC Regents rescind their ban on affirmative action (SP1 and SP2) and allow for the restoration of affirmative action in the current set of admissions for the Fall 1999 UC class.