HomeMy WebLinkAboutReso 2021-3251RESOLUTION NO. 2021-
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, DENOUNCING BEN & JERRY'S AND ITS PARENT
COMPANY, UNILEVER PLC, AND ITS DECISION TO BOYCOTT THE WEST BANK AND
GAZA STRIP; DIRECTING THE CITY MANAGER TO AVOID CONTRACTS,
PURCHASES, AND INVESTMENTS WITH BEN & JERRY'S AND UNILEVER PLC TO
THE GREATEST EXTENT PERMITTED BY LAW; DIRECTING THE CITY CLERK TO
DISTRIBUTE COPIES OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") seeks to promote an inclusive
environment; and
WHEREAS, strong relations between the United States and Israel have led to bilateral
cooperation in many areas; and
WHEREAS, on January 16, 2020, via Resolution No. 2020-3034, the City Commission
denounced the Global Boycott, Divestment, an Sanctions Movement ("BDS") and other boycotts
of Israel; and
WHEREAS, the BDS movement seeks the "divestment" of university, municipal, church,
union and other investment portfolios from companies that advocates claim "aid Israel's
occupation", as well as the "boycott" of Israeli products, professionals, professional associations
and academic institutions, and artistic performances (in Israel and abroad); and
WHEREAS, the BDS movement mirrors anti-Jewish/anti-Semitic tactics used by the Nazi
regime. When the Nazis came to power, the lives of German Jews changed drastically. On April
1, 1933, the Nazis carried out the first nationwide, planned action against them: a boycott of
Jewish businesses. Nazi spokesmen claimed the boycott was an act of revenge against both
German Jews and foreigners, including US and English journalists; and
WHEREAS, on July 19, 2021, Ben & Jerry's announced plans to stop selling its ice cream in
the West Bank and Gaza, saying that sales in the "Occupied Palestinian Territory" are
"inconsistent with [their] values;" and
WHEREAS, both BDS movement and the Ben & Jerry announcement claim to be driven
by a principled concern for Palestinian human rights, but the idealistic message is arguably a
smokescreen for a nationalist agenda to abolish the State of Israel; and
WHEREAS, some supporters may genuinely believe that these efforts will encourage
Israel to change policies with which they disagree. However, the predominant drive of the BDS
campaign and its leadership is not criticism of policies, but the demonization and de -
legitimization of Israel; and
WHEREAS, as of July 29, 2021, the State of Florida added Unilever PLC, ("Unilever") the
parent company of Ben & Jerry's to the Scrutinized Companies that Boycott Israel list maintained
R2021_Denounce_Unilever_s_Decision_re_Israel (1) Page 1 of 2
by the state pursuant to Florida Statute 215.4725(a)(1), which prohibits investments by the State
Board of Administration in companies that boycott Israel; and
WHEREAS, the City Commission denounces the actions of Ben & Jerry's and its parent
company, Unilever, and re -affirms that we will not tolerate discrimination against the people of
Israel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Denouncement. The City Commission hereby denounces Ben & Jerry's boycott of Israeli
territories and further holds accountable its parent company, Unilever, which fully controls the former,
and directs the City Manager to avoid purchases, contracts and investments with both companies to the
greatest extent permitted by law, including, but not limited to, state statute and City Code.
Section 2. Direction to the City Clerk. City Clerk is hereby directed to forward a copy of the instant
resolution to all appropriate parties.
Section 3.
ATTEST:
Effective Date. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED on this 21St day of tober 021.
io Bbtancur, CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
'D �9
Edward A. Dion, City Attorney
Moved by: w / /� Z Ac4uwSecondecl by:
Vote:
Mayor Svechin41(Y
Yes) (No)
Commissioner Goldman es) (No)
Commissioner Lama les) (No)
Commissioner Viscarra (Yes) (No)
R2021_Denounce_Unilever_s_Decision_re_Israel (1) Page 2 of 2
To: Governor Ron DeSantis
STATE BOARD OF ADMINISTRATION
OF FLORIDA
1801 HERMITAGE BOULEVARD, SUITE 100
TALLAHASSEE, FLORIDA 32308
(850)488-4406
POST OFFICE BOX 13300
32317-3300
Attorney General Ashley Moody
Chief Financial Officer Jimmy Patronis
From: Ash Williams, Executive Director & Chief Investment Officer
Date: August 2, 2021
Re: Anti-BDS Scrutinized List Status — Unilever PLC (parent company of Ben & Jerry's)
RON DESANTIS
GOVERNOR
CHAIR
JIMMY PATRONIS
CHIEF FINANCIAL OFFICER
ASHLEY MOODY
ATTORNEY GENERAL
ASHBEL C. WILLIAMS
EXECUTIVE DIRECTOR &
CHIEF INVESTMENT OFFICER
As noted in the July 22"d letter we received from Governor DeSantis, Ben & Jerry's recent announcement that the
company would halt sales of its products in Israeli -controlled territories is an action that falls under Section
215.4725(1)(a), Florida Statutes (the "Statute"), "Prohibited investments by the State Board of Administration;
companies that boycott Israel."
The SBA has instituted the statutory process for identification of companies that boycott Israel as it applies to Ben
& Jerry's and its parent company, Unilever PLC. The Statute defines a "boycott of Israel" as refusing to deal,
terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or
entities doing business in Israel or in Israeli -controlled territories, in a discriminatory manner.
The termination of business activities and limitation of commercial relations is directly addressed in Ben & Jerry's
letter of July 19, 2021, as the company announced plans to stop selling its ice cream in the West Bank and Gaza,
saying sales in the "Occupied Palestinian Territory" are "inconsistent with our values." At the end of next year,
Ben & Jerry's will not renew its license with the local partner who has manufactured and distributed Ben & Jerry's
products in Israel since 1987.
Upon Ben & Jerry's announcement and consistent with statute, we contacted Unilever directly to request an
engagement on behalf of the SBA and to make clear that Unilever as owner of Ben & Jerry's would be affected by
Florida law. We indicated that, pursuant to the Statute, the SBA would be prohibited from further investment in
Unilever and affiliated companies if they were placed on the Scrutinized Companies that Boycott Israel List. The
SBA conveyed that we encourage Unilever and Ben & Jerry's to cease any boycott of Israel or associated territories.
The SBA conducted an engagement call with Unilever Investor Relations on July 28, 2021 and received indication
that the parent company has no current plan to prevent Ben & Jerry's from terminating business activities in
Israeli -controlled territories. This was consistent with Unilever's announcement that it recognizes "the right of the
Ben & Jerry's brand and their independent Board, to take decisions about its social mission".
As a result, Unilever PLC has been added to the "Scrutinized Companies that Boycott Israel" list as of July 29, 2021.
As directed by statute, we will send Unilever a written notice informing the company of its scrutinized company
August 2, 2021
Page 2
status and clarification that it may become subject to investment prohibition if the company does not cease a
boycott of Israel within 90 days of being placed on the list.
If you would like to discuss in greater detail, please contact me directly, or our corporate governance staff may be
reached at governance@sbafla.com to discuss technical details.
Sincerely,
Ashbel C. Williams
Executive Director & CIO
d +FLWX 4
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Larisa Svechin, Mayor
DATE: October 21, 2021
RE: Denouncement of Ben & Jerry's, and Parent Company Unilever's, Decision tc
Boycott Israel
RECOMMENDATION:
This Resolution is recommended for adoption.
REASONS:
The Boycott, Divestment, and Sanctions Movement ("BDS") seeks the "divestment" of university
municipal, church, union and other investment portfolios from companies that advocates claim "aid
Israel's occupation", as well as the "boycott" of Israeli products, professionals, professional
associations and academic institutions, and artistic performances (in Israel and abroad). The BD!
movement mirrors anti-Jewish/anti-Semitic tactics used by the Nazi regime. When the Nazis came tc
power, the lives of German Jews changed drastically. On April 1, 1933, the Nazis carried out the first
nationwide, planned action against them: a boycott of Jewish businesses. Nazi spokesmen claimed the
boycott was an act of revenge against both German Jews and foreigners, including US and English
journalists.
On July 19, 2021, Ben & Jerry's announced plans to stop selling its ice cream in the West Bank anc
Gaza, saying that sales in the "Occupied Palestinian Territory" are "inconsistent with [their] values;".
Both BIDS movement and the Ben & Jerry announcement claim to be driven by a principled concern foi
Palestinian human rights, but the idealistic message is arguably a smokescreen for a nationalist agenda
to abolish the State of Israel. Both BDS movement and the Ben & Jerry announcement claim to b,
driven by a principled concern for Palestinian human rights, but the idealistic message is arguably a
smokescreen for a nationalist agenda to abolish the State of Israel.
As of July 29, 2021, the State of Florida added Unilever PLC, the parent company of Ben & Jerry's t
Item Number: 10.0
the Scrutinized Companies that Boycott Israel list maintained by the state pursuant to Florida Statut(
215.4725(a)(1), which prohibits investments by the State Board of Administration in companies that
boycott Israel.
ADDITIONAL INFORMATION:
On January 16, 2020, via Resolution No. 2020-3034, the City Commission denounced the Globa
Boycott, Divestment, an Sanctions Movement ("BDS") and other boycotts of Israel.
ATTACHMENTS:
Resolution
Memorandum from Florida State Board of Administration
Item Number: 10.0