HomeMy WebLinkAboutStaff Report 5.D 02/27/2017Agenda Item #5.D
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DATE: February 27, 2017
TO: Honorable Mayor and Members of the City Council
FROM: John C. Brown, City ManagePe
SUBJECT: Resolution in Support of the Protection of the Human, Constitutional and Other
Rights of Community Members of the City of Petaluma
RECOMMENDATION
It is recommended that the City Council consider and take appropriate action on a Resolution in
Support of the Protection of the Human, Constitutional and Other Rights of the Community
Members of the City of Petaluma.
BACKGROUND
In January, representatives of a number of community organizations, businesses, and faith -based
groups corresponded with the Mayor, requesting that an "It Won't Happen Here" declaration be
discussed at the Council's bi- annual goal setting session (Attachment 2). At the February 4,
2017 goal setting session, several individuals stressed their concerns about the incoming
Administration, and their belief in the need for the City Council to adopt a resolution declaring
the City will protect the human, constitutional and other rights and freedoms of everyone in
Petaluma.
A large group, representing both organizations and individuals in the community, attended the
February 6, 2017 meeting of the City Council to amplify these concerns, and reiterate the request
for City Council action. A number of speakers provided written comments and offered a petition
signed by 875 community members. As the item was not agendized, the Council did not
deliberate, but did comment briefly. Several Councihnembers indicated a willingness to
participate in drafting of a resolution stating Petaluma's position. Issues of potentially negative
impacts on Federal funding were also raised. The Mayor asked three members, Vice Mayor
Barrett, and Councilmembers Miller and King to serve as a subcommittee to draft a resolution
for Council consideration and action. The Council voted to add the matter to the Tentative
Agenda approved for its February 27, 2017 meeting.
DISCUSSION
The subcommittee met during the week of February 6, 2017 and drafted the attached resolution.
The subcommittee based the language largely on the "It Can't Happen Here" proposal, and
recommendations from the County Human Rights Commission to the County Board of
Supervisors for a County resolution. The attached resolution also draws on language from the
California Trust Act, which went into effect in January 2014 and is incorporated as Exhibit A to
the resolution. The subcommittee also took into account the comments and materials provided
by the public, and the input of other Councilmembeis. It is offered for the City Council's
consideration, and action as appropriate.
FINANCIAL IMPACTS
There are no immediate fiscal impacts associated with the recommended action.
ATTACHMENTS
1. Resolution, with Exhibit A: California Trust Act
2. "It Won't Happen Here" Declaration
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ATTACHMENT 1
RESOLUTION No. 2017- N.C.S
A RESOLUTION IN SUPPORT OF THE PROTECTION OF THE HUMAN,
CONSTITUTIONAL AND OTHER RIGHTS OF COMMUNITY MEMBERS OF THE
CITY OF PETALUMA
WHEREAS, the President, many members of his administration, and certain members of
Congress have expressly stated an intent to pursue policies that could threaten the human rights,
freedom, and dignity of specific groups of people based on sexual orientation, religious beliefs,
immigration status, gender, race, disability, economic status, ethnicity, national origin and other
characteristics protected by California and federal anti - discrimination statutes and the United
States and California Constitutions; and
WHEREAS, discrimination on the basis of these characteristics raises clear concerns of
being contrary to the Constitution and laws of the United States and the State of California which
City of Petaluma governmental officials and agencies have sworn to uphold and protect; and
WHEREAS, there is an increasing sense of fear and distress among people living in the
City of Petaluma as a direct result of discriminatory rhetoric and behavior emanating from the
President and his administration; and
WHEREAS, to safeguard the equal and inalienable right and inherent dignity of all
people that is the foundation of the relationship between a government and the people, the City
Council of the City of Petaluma, on behalf of the entire Petaluma community, recognizes the
rights, freedom, and dignity of all people are under threat and that children and families face
potentially devastating and permanent harm;
NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE
CITY OF PETALUMA, AS FOLLOWS:
1. The City of Petaluma will refuse to cooperate with any demands from the federal
government to institute detentions, deportations, registries, conversion therapies,
imprisonment or any other acts that target or discriminate against Petaluma
community members or others based on immigration status, race, ethnicity, religion,
national origin, disability, political affiliation, economic status, age, gender identity or
sexual orientation, or other characteristics protected by California and federal anti-
discrimination statutes and the United States and California Constitutions.
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2. City of Petaluma law enforcement officers will not detain an individual on the basis
of a United States Immigration and Customs Enforcement hold after that individual
becomes eligible for release from custody, unless, at the time the individual becomes
eligible for release from custody, certain conditions are met, including that the
individual has been convicted of specified crimes delineated in the California Trust
Act, a copy of which is incorporated for reference as Exhibit A to this Resolution.
3. The City of Petaluma stands in support of individuals, organizations, and governing
authorities and agencies who are taking action to ensure all community members in
the City of Petaluma and all visitors are safe here, and that their human, constitutional
and other rights and freedoms are respected.
4. The City of Petaluma re- affirms publicly its commitment to preserve and protect the
human, constitutional and other rights of all community members, and our
willingness to adopt policies as necessary that challenge any requests which would
compromise those rights.
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EXHIBIT A
Assembly Bill No. 4
CHAPTER 570
An act to add Chapter 17.1 (commencing with Section 7282) to Division 7 of Title 1 of the Government
Code, relating to state government.
[ Approved by Governor October 05, 2013. Filed with Secretary of State October 05, 2013. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 4, Ammiano. State government: federal immigration policy enforcement.
Existing federal law authorizes any authorized immigration officer to issue an immigration detainer that
serves to advise another law enforcement agency that the federal department seeks custody of an alien
presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing
federal law provides that the detainer is a request that the agency advise the department, prior to release of
the alien, in order for the department to arrange to assume custody in situations when gaining immediate
physical custody is either impracticable or impossible.
This bill would prohibit a law enforcement official, as defined, from detaining an individual on the basis
of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for
release from custody, unless, at the time that the individual becomes eligible for release from custody,
certain conditions are met, including, among other things, that the individual has been convicted of
specified crimes.
DIGEST KEY
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
The Legislature finds and declares all of the following:
(a) The United States Immigration and Customs Enforcement's (ICE) Secure Communities program
shifts the burden of federal civil immigration enforcement onto local law enforcement. To operate the
Secure Communities program, ICE relies on voluntary requests, known as ICE holds or detainers, to local
law enforcement to hold individuals in local jails for additional time beyond when they would be eligible
for release in a criminal matter.
(b) State and local law enforcement agencies are not reimbursed by the federal government for the full
cost of responding to a detainer, which can include, but is not limited to, extended detention time and the
administrative costs of tracking and responding to detainers.
(c) Unlike criminal detainers, which are supported by a warrant and require probable cause, there is no
requirement for a warrant and no established standard of proof, such as reasonable suspicion or probable
cause, for issuing an ICE detainer request. Immigration detainers have erroneously been placed on United
States citizens, as well as immigrants who are not deportable.
(d) The Secure Communities program and immigration detainers harm community policing efforts
because immigrant residents who are victims of or witnesses to crime, including domestic violence, are
less likely to report crime or cooperate with law enforcement when any contact with law enforcement
could result in deportation. The program can result in a person being held and transferred into
immigration detention without regard to whether the arrest is the result of a mistake, or merely a routine
practice of questioning individuals involved in a dispute without pressing charges. Victims or witnesses to
crimes may otherwise have recourse to lawful status (such as U -visas or T- visas) that detention resulting
from the Secure Communities program obstructs.
(e) It is the intent of the Legislature that this act shall not be construed as providing, expanding, or
ratifying the legal authority for any state or local law enforcement agency to detain an individual on an
immigration hold.
SEC. 2.
Chapter 17.1 (commencing with Section 7282) is added to Division 7 of Title 1 of the Government Code,
to read:
CHAPTER 17.1. Standards for Responding to United States Immigration and Customs
Enforcement Holds
7282.
For purposes of this chapter, the following terms have the following meanings:
(a) "Conviction" shall have the same meaning as subdivision (d) of Section 667 of the Penal Code.
(b) "Eligible for release from custody" means that the individual may be released from custody because
one of the following conditions has occurred:
(1) All criminal charges against the individual have been dropped or dismissed.
(2) The individual has been acquitted of all criminal charges filed against him or her.
(3) The individual has served all the time required for his or her sentence.
(4) The individual has posted a bond.
(5) The individual is otherwise eligible for release under state or local law, or local policy.
(c) "Immigration hold" means an immigration detainer issued by an authorized immigration officer,
pursuant to Section 287.7 of Title 8 of the Code of Federal Regulations, that requests that the law
enforcement official to maintain custody of the individual for a period not to exceed 48 hours, excluding
Saturdays, Sundays, and holidays, and to advise the authorized immigration officer prior to the release of
that individual.
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(d) "Law enforcement official" means any local agency or officer of a local agency authorized to enforce
criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals
in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain
custody of individuals in juvenile detention facilities.
(e) "Local agency" means any city, county, city and county, special district, or other political subdivision
of the state.
(f) "Serious felony" means any of the offenses listed in subdivision (c) of Section 1192.7 of the Penal
Code and any offense committed in another state which, if committed in California, would be punishable
as a serious felony as defined by subdivision (c) of Section 1192.7 of the Penal Code.
(g) "Violent felony" means any of the offenses listed in subdivision (c) of Section 667.5 of the Penal
Code and any offense committed in another state which, if committed in California, would be punishable
as a violent felony as defined by subdivision (c) of Section 667.5 of the Penal Code.
7282.5.
(a) A law enforcement official shall have discretion to cooperate with federal immigration officials by
detaining an individual on the basis of an immigration hold after that individual becomes eligible for
release from custody only if the continued detention of the individual on the basis of the immigration hold
would not violate any federal, state, or local law, or any local policy, and only under any of the following
circumstances:
(1) The individual has been convicted of a serious or violent felony identified in subdivision (c)
of Section 1192.7 of, or subdivision (c) of Section 667.5 of, the Penal Code.
(2) The individual has been convicted of a felony punishable by imprisonment in the state prison.
(3) The individual has been convicted within the past five years of a misdemeanor for a crime that
is punishable as either a misdemeanor or a felony for, or has been convicted at any time of a felony for,
any of the following offenses:
(A) Assault, as specified in, but not limited to, Sections 217.1, 220, 240, 241.1, 241.4,
241.7, 244, 244.5, 245, 245.2, 245.3, 245.5, 4500, and 4501 of the Penal Code.
(B) Battery, as specified in, but not limited to, Sections 242, 243.1, 243.3, 243.4, 243.6,
243.7, 243.9, 273.5, 347, 4501.1, and 4501.5 of the Penal Code.
(C) Use of threats, as specified in, but not limited to, Sections 71, 76, 139, 140, 422, 601,
and 11418.5 of the Penal Code.
(D) Sexual abuse, sexual exploitation, or crimes endangering children, as specified in, but
not limited to, Sections 266, 266a, 266b, 266c, 266d, 266f, 266g, 266h, 2661, 266j, 267, 269, 288,
288.5, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code.
(E) Child abuse or endangerment, as specified in, but not limited to, Sections 270, 271,
271 a, 273a, 273ab, 273d, 273.4, and 278 of the Penal Code.
(F) Burglary, robbery, theft, fraud, forgery, or embezzlement, as specified in, but not
limited to, Sections 211, 215, 459, 463, 470, 476, 487, 496, 503, 518, 530.5, 532, and 550 of the
Penal Code.
(G) Driving under the influence of alcohol or drugs, but only for a conviction that is a
felony.
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(H) Obstruction of justice, as specified in, but not limited to, Sections 69, 95, 95.1, 136, 1,
and 148.10 of the Penal Code.
(I) Bribery, as specified in, but not limited to, Sections 67, 67.5, 68, 74, 85, 86, 92, 93,
137, 138, and 165 of the Penal Code.
(J) Escape, as specified in, but not limited to, Sections 107, 109, 110, 4530, 4530.5, 4532,
4533, 4534, 4535, and 4536 of the Penal Code.
(K) Unlawful possession or use of a weapon, firearm, explosive device, or weapon of
mass destruction, as specified in, but not limited to, Sections 171b, 171c, 171d, 246, 246.3, 247,
417, 417.3, 417.6, 417.8, 4574, 11418, 11418.1, 12021.5, 12022, 12022.2, 12022.3, 12022.4,
12022.5, 12022.53, 12022.55, 18745, 18750, and 18755 of, and subdivisions (c) and (d) of
Section 26100 of, the Penal Code.
(L) Possession of an unlawful deadly weapon, under the Deadly Weapons Recodifrcation
Act of 2010 (Part 6 (commencing with Section 16000) of the Penal Code).
(M) An offense involving the felony possession, sale, distribution, manufacture, or
trafficking of controlled substances.
(N) Vandalism with prior convictions, as specified in, but not limited to, Section 594.7 of
the Penal Code.
(0) Gang - related offenses, as specified in, but not limited to, Sections 186.22, 186.26,
and 186.28 of the Penal Code.
(P) An attempt, as defined in Section 664 of, or a conspiracy, as defined in Section 182
of, the Penal Code, to commit an offense specified in this section.
(Q) A crime resulting in death, or involving the personal infliction of great bodily injury,
as specified in, but not limited to, subdivision (d) of Section 245.6 of, and Sections 187, 191.5,
192, 192.5, 12022.7, 12022.8, and 12022.9 of, the Penal Code.
(R) Possession or use of a firearm in the commission of an offense.
(S) An offense that would require the individual to register as a sex offender pursuant to
Section 290, 290.002, or 290.006 of the Penal Code.
(T) False imprisonment, slavery, and human trafficking, as specified in, but not limited
to, Sections 181, 210.5, 236, 236. 1, and 4503 of the Penal Code.
(U) Criminal profiteering and money laundering, as specified in, but not limited to,
Sections 186.2, 186.9, and 186.10 of the Penal Code.
(V) Torture and mayhem, as specified 'in, but not limited to, Section 203 of the Penal
Code.
(W) A crime threatening the public safety, as specified in, but not limited to, Sections
219, 219.1, 219.2, 247.5, 404, 404.6, 405a, 451, and 11413 of the Penal Code.
(X) Elder and dependent adult abuse, as specified in, but not limited to, Section 368 of
the Penal Code.
(Y) A hate crime, as specified in, but not limited to, Section 422.55 of the Penal Code.
(Z) Stalking, as specified in, but not limited to, Section 646.9 of the Penal Code.
(AA) Soliciting the commission of a crime, as specified in, but not limited to, subdivision
(c) of Section 286 of, and Sections 653j and 653.23 of, the Penal Code.
(AB) An offense committed while on bail or released on his or her own recognizance, as
specified in, but not limited to, Section 12022.1 of the Penal Code.
(AC) Rape, sodomy, oral copulation, or sexual penetration, as specified in, but not
limited to, paragraphs (2) and (6) of subdivision (a) of Section 261 of, paragraphs (1) and (4) of
subdivision (a) of Section 262 of, Section 264.1 of, subdivisions (c) and (d) of Section 286 of,
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subdivisions (c) and (d) of Section 288a of, and subdivisions (a) and 0) of Section 289 of, the
Penal Code.
(AD) Kidnapping, as specified in, but not limited to, Sections 207, 209, and 209.5 of the
Penal Code.
(AE) A violation of subdivision (c) of Section 20001 of the Vehicle Code.
(4) The individual is a current registrant on the California Sex and Arson Registry.
(5) The individual is arrested and taken before a magistrate on a charge involving a serious or
violent felony, as identified in subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5 of the
Penal Code, a felony punishable by imprisonment in state prison, or any felony listed in paragraph (2) or
(3) other than domestic violence, and the magistrate makes a finding of probable cause as to that charge
pursuant to Section 872 of the Penal Code.
(6) The individual has been convicted of a federal crime that meets the definition of an
aggravated felony as set forth in subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection (a)
of Section 101 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), or is identified by the
United States Department of Homeland Security's Immigration and Customs Enforcement as the subject
of an outstanding federal felony arrest warrant.
(b) If none of the conditions listed in subdivision (a) is satisfied, an individual shall not be detained on the
basis of an immigration hold after the individual becomes eligible for release from custody.
SEC. 3.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can be given effect without the invalid
provision or application.
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ATTACHMENT 2
i
HAPPEN IT WONT DECLARATION
DECEMBER2016
WHEREAS, to safeguard the equal and inalienable rights and inherent
dignity of all people that is the foundation of the relationship between a '
government and the people;
AND whereas, we recognize that the rights and dignity of all people are
under threat,
WE, the undersigned organizations, call upon all Sonoma County governing
authorities and law enforcement agencies to pledge in writing to protect all
of the County's community members;
FURTHERMORE, we call upon these authorities and agencies to proclaim
publicly that they will refuse to cooperate with any demands from the
federal government to institute detentions, deportations, registries,
conversion therapies, imprisonment or any other acts that target or
discriminate based on immigration status, race, ethnicity, religion, country of
origin, ability, political affiliation, economic status, age, gender - identity or
sexual orientation;
FURTHERMORE, we, the undersigned organizations, in obedience to our
consciences, pledge to protect all community members and will support our
local governments as they move to resist these undemocratic and un-
American practices in order to reaffirm their commitment to inclusivity,
respect and dignity.
i .. � M
Representative
Date