2016-29376 Reso RESOLUTION NO., 2016-29376
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
MIAMI BEACH, FLORIDA, WELCOMING AND URGING
PAYPAL TO RELOCATE ITS PROPOSED GLOBAL
OPERATIONS CENTER TO MIAMI BEACH, IN LIGHT OF
NORTH CAROLINA'S ENACTMENT OF LEGISLATION
PERMITTING DISCRIMINATION AGAINST THE LGBT
COMMUNITY, AND WELCOMING AND URGING OTHER
BUSINESSES TO RELOCATE THEIR OPERATIONS TO MIAMI
BEACH, WHICH IS AN INCLUSIVE AND DIVERSE CITY THAT
BOASTS COMPREHENSIVE HUMAN RIGHTS PROTECTIONS.
WHEREAS, the City of Miami Beach's Human Rights Ordinance declares that "there is
no greater danger to the health, morals, safety and welfare of the city and its inhabitants than
the existence of prejudice against one another and antagonistic to each other because of
differences of race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, age, or disability"; and
WHEREAS, as stated in the Human Rights Ordinance, "prejudice, intolerance, bigotry
and discrimination and disorder occasioned thereby threaten the rights and proper privileges of
its inhabitants and menace the very institutions, foundations and bedrock of a free, democratic
society"; and
WHEREAS, in view of this policy, the City's Human Rights Ordinance prohibits
discrimination in employment, public accommodations, housing, and public services, on the
basis of race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, age, and disability; and
WHEREAS, PayPal is a global payments platform that is available to people in more
than 200 markets, allowing customers to get paid in more than 100 currencies, withdraw funds
to their bank accounts in 57 currencies and hold balances in their PayPal accounts in 26
currencies; and
WHEREAS, in 2015, PayPal processed $282 billion in payments, and earned $9.24
billion in revenue; and
WHEREAS, in March 2016, PayPal announced plans to open a new global operations
center in Charlotte and employ over 400 people in skilled jobs—an investment valued at $3.6
million; and
WHEREAS, recently, state legislatures across the country have considered a wave of
legislation that threatens the health, safety, and welfare and weakens the civil rights of the
lesbian, gay, bisexual, and transgender ("LGBT") community; and
WHEREAS, on March 22, 2016, the North Carolina Legislature abruptly convened a
special session on March 23, 2016 to consider legislation (i) barring transgender individuals
from restrooms and locker rooms that do not match the gender on their birth certificates, (ii)
preempting municipalities from enacting local antidiscrimination policies, (iii) preempting local
governments from raising minimum wage levels above the state level, and (iv) preempting local
governments from imposing antidiscrimination policies or additional labor requirements (e.g.,
minimum wage) on their contractors ("HB 2"); and
WHEREAS, as a direct result of the adoption of HB 2, PayPal has withdrawn its plan to
expand its operations into Charlotte; and
WHEREAS, in a press release, PayPal stated that this decision "reflects PayPal's
deepest values and . . . strong belief that every person has the right to be treated equally, and
with dignity and respect. These principles of fairness, inclusion, and equality are at the heart of
everything [PayPal] seek[s]to achieve and stand for as a company"; and
WHEREAS, though PayPal regrets that it will not have the opportunity to "be a part of
the Charlotte community," PayPal stated that "becoming an employer in North Carolina, where
members of[PayPal's] teams will not have equal rights under the law, is simply untenable"; and
WHEREAS, the American Civil Liberties Union ("ACLU"), the ACLU of North Carolina,
Lambda Legal, and Equality North Carolina have filed a lawsuit challenging HB 2 as
unconstitutional under the Equal Protection Clause and Due Process Clause of the Fourteenth
Amendment, and for violating Title IX of the Civil Rights Act (prohibiting discrimination in
education on the basis of sex); and
WHEREAS, Roy Cooper, the Attorney General for North Carolina, has refused to defend
the constitutionality of HB 2, finding that the Governor "signed state-wide legislation that puts
discrimination into the law"; and
WHEREAS, leaders and high-ranking executives of more than one hundred companies,
including American Airlines, Apple, Bank of America, Facebook, GE, Google, IBM, Marriott, and
PayPal, have signed a letter urging the repeal of HB 2, arguing that "[t]he business community,
by and large, has consistently communicated to lawmakers at every level that such laws are
bad for [their] employees and bad for business"; and
WHEREAS, inclusionary state and local laws allow businesses to recruit and retain the
most qualified and talented individuals; and
WHEREAS, the City of Miami Beach, which boasts a comprehensive Human Rights
Ordinance, and an inclusive and diverse community of residents, businesses, and visitors,
hereby urges and welcomes PayPal, and any other companies opposed to harmful
discrimination, to relocate their operations to Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby welcome and urge PayPal to relocate its proposed global operations center
to Miami Beach, in light of North Carolina's enactment of legislation permitting discrimination
against the LGBT community, and welcome and urge other businesses to relocate operations to
Miami Beach, which is an inclusive and diverse city that boasts comprehensive human rights
protections.
PASSED AND ADOPTED this 13 day of Apr(') , 2016.
Attest: f
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Philip Levine ,'
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Mayor iv,,
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Ra ael E.—G anad •rte•°�\ ����0�i
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City Clerk l�i��
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City Attorney Dote
1
F:\ATTO\KALN\RESOLUTIONS\PayPal Reso.docx
MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
To: Mayor Philip Levine Date: April 13, 2016
Members of the Ci y Commission
From: Raul J. Aguila ,(4)71
City Attorney
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH, FLORIDA, WELCOMING AND URGING PAYPAL TO RELOCATE
ITS PROPOSED GLOBAL OPERATIONS CENTER TO MIAMI BEACH, IN
LIGHT OF NORTH CAROLINA'S ENACTMENT OF LEGISLATION
PERMITTING DISCRIMINATION AGAINST THE LGBT COMMUNITY, AND
WELCOMING AND URGING OTHER BUSINESSES TO RELOCATE THEIR
OPERATIONS TO MIAMI BEACH, WHICH IS AN INCLUSIVE AND
DIVERSE CITY THAT BOASTS COMPREHENSIVE HUMAN RIGHTS
PROTECTIONS.
Attached for review by the Mayor and City Commission is a Resolution sponsored by
Commissioner Ricky Arriola.
RA/NK/sc
F:IATTO\KALN\COMMISSION MEMOS\Reso Re Pay Pai.docx
Agenda Item 7 C4
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