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2008-064 City of Hopkins Hennepin County, Minnesota RESOLUTION NO. 2008-064 WHEREAS, on July 23, 2004, the United States Congress declared that "the atrocities unfolding in Darfur, Sudan are genocide;" and WHEREAS, on September 25, 2006, Congress reaffirmed that "the genocide unfolding in the Darfur region of Sudan is characterized by acts of terrorism and atrocities directed against civilians, including mass murder, rape, and sexual violence committed by the Janjaweed and associated militias with the complicity and support of the National Congress party-led faction of the Government of Sudan;" and WHEREAS, on May 23, 2007, the State of Minnesota passed a bill divesting Minnesota's State Board of Investment from companies complicit in the genocide. Upon signing, the Governor stated, "Minnesotans can be proud that we are taking action to help cut off the flow of money to Sudan's military. We're doing our part to stop the crimes and inhumanities in Darfur;" and WHEREAS, on December 31,2007, the President of the United States signed into law the Sudan Accountability and Divestment Act of 2007 (S. 2271), which authorizes state and local governments to divest from Sudan and prohibits federal contracts with companies that support the Khartoum government of Sudan; and WHEREAS, the City of Hopkins is concerned not only with the financial repercussions of investment in companies whose values will be negatively affected by their involvement with the genocide being waged by the Government of Sudan, but also with the moral implications of such financial arrangements; and WHEREAS, the citizens of the City of Hopkins do not want funds used to perpetrate terrorism and atrocities against civilians; and WHEREAS, the City of Hopkins acknowledges that a refusal to invest in and divestment from companies that have been targeted as complicit with genocide is a course of last resort that should be used sparingly, consistent with a City's fiduciary duties and only under extraordinary circumstances. In the case of Sudan, Congressional and Presidential declarations of genocide satisfy this high threshold; and WHEREAS, this Resolution is not intended to set precedent with regard to investment and divestment policies and practices of the City of Hopkins but is solely in response to the exigencies of the declaration of genocide; and WHEREAS, the Finance Director of the City of Hopkins has determined that the City does not now own any investments in the scrutinized companies identified by the Sudan Divestment Task Force; and WHEREAS, it is the judgment of the City of Hopkins that this Resolution should remain in effect only insofar as it continues to be consistent with, and does not unduly interfere with, the foreign policy of the United States as determined by the Federal Government. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins directs that no investments shall be made in any company or corporation identified as a scrutinized company by the Sudan Divestment Task Force. The effective date of this policy shall be upon the adoption of this Resolution by the Hopkins City Council. Adopted by the City Council of the City of Hopkins this 18th day of November 2008. BY~~ GeM well, Mayor "