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Home My WebLink About01-23-2017 CITY COUNCIL STUDY SESSION AGENDA MODIFICATION TO: Members of the City Council Mayor Backus Department Directors FROM: Danielle Daskam, City Clerk SUBJECT: Agenda Modification DATE: January 23, 2017 The January 23, 2017, City Council Study Session agenda is modified to add the following item: III. AGENDA ITEMS FOR COUNCIL DISCUSSION I. Ordinance No. XXXX An Ordinance of the City Council of the City of Auburn, Washington, adding a new Section 1.02.030 of the Auburn City Code relating to the powers and duties of City officers and employees, including the affirmation of the value of all Auburn residents ------------------------------ Ordinance No. xxxx January 20, 2017 Page 1 of 4 ORDINANCE NO. X X X X AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADDING A NEW SECTION 1.02.030 OF THE AUBURN CITY CODE RELATING TO THE POWERS AND DUTIES OF CITY OFFICERS AND EMPLOYEES, INCLUDING THE AFFIRMATION OF THE VALUE OF ALL AUBURN RESIDENTS WHEREAS, the City of Auburn (the “City”) wishes to foster trust and cooperation between City personnel, law enforcement officials, and the public; and WHEREAS, the City is authorized by Revised Code of Washington 35A.11.030 to define the functions, powers, and duties of its officers and employees and to adopt and enforce ordinances appropriate to the good government of the city; and WHEREAS, the functions, powers, and duties of City officers and employees does not include responsibility for enforcement of federal immigration law; and WHEREAS, the good government of the City includes recognizing that all people are vital to our shared prosperity and that all people must be respected and valued; and WHEREAS, it is in in the best interest of the City and of the residents of the City to be an inclusive and welcoming city. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Recitals Adopted. That the City Council hereby adopts the recitals contained in this Ordinance as Findings of Facts and Conclusions, as ------------------------------ Ordinance No. xxxx January 20, 2017 Page 2 of 4 appropriate given the context of each recital and incorporates said recitals herein by this reference. Section 2. New Section of City Code. A new Section 1.02.030 of the City of Auburn City Code is amended to read as follows: 1.02.030 Restriction on immigration inquiries. Consistent with the city’s intention of being an inclusive and welcoming city, except as provided in this section or when otherwise required by a law, a city office, department, employee, agency or agent shall not condition the provision of city services on the citizenship or immigration status of any individual. A. Nothing in the Auburn city code shall be construed to restrict or prohibit any city officer or employee from participating in cross-designation or task force activities with federal law enforcement authorities. B. City personnel shall not request specific documents relating to a person’s civil immigration status for the sole purpose of determining whether the individual has violated federal civil immigration laws. The documents include but are not limited to; passports, alien registration cards; or work permits. C. City personnel may use documents relating to a person’s civil immigration status if the documents are offered by the person upon a general, nonspecific request. D. City personnel shall not initiate any inquiry or enforcement action based solely on a person’s: 1. Civil immigration status; 2. Race; 3. Inability to speak English; or 4. Inability to understand city personnel or its officers. E. Except when otherwise required by law, where the city accepts presentation of a state-issued driver’s license or identification card as adequate evidence of identity, presentation of a photo identity document issued by the person’s nation of origin, such as a driver’s license, passport or consulate-issued document, shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Washington state driver’s license or identification card. However, a request for translation of such a document to English shall not be deemed a violation of any provision of City code. This provision does not apply to documentation required to complete a federal I-9 employment eligibility verification form. F. This section does not create or form the basis for liability on the part of the city, its officers, employees, or agents. G. Unless otherwise permitted by city code, or required by state or federal law, or international treaty, all applications, questionnaires and interview forms used in relation to the provision of city benefits, opportunities or services shall be promptly reviewed by each agency, and any question requiring disclosure of information related to citizenship or immigration status shall be, in the agency’s ------------------------------ Ordinance No. xxxx January 20, 2017 Page 3 of 4 best judgment, either deleted in its entirety or revised such that the disclosure is no longer required. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ______________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk ------------------------------ Ordinance No. xxxx January 20, 2017 Page 4 of 4 APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: ________________ NL/LH/td 114436a.doc Date:January 27, 2003 V #4 ORDINANCE AN ORDINANCE concerning inquiries by Seattle City officers and employees into immigration status,and activities designed to ascertain such status;and amending Seattle Municipal Code Chapter 4.18 in connection therewith. WHEREAS,the city of Seattle is comprised of immigrants from throughout the world who contribute to Seattle's social vivacity and cultural richness;and WHEREAS,Seattle has been a city that traditionally respects the rights of and provides equal services to all individuals,regardless of race,ethnicity,or immigration status; and WHEREAS,the September 11,2001 attacks on the World Trade Center and the Pentagon have left immigrant communities of color afraid to access benefits to which they are entitled,for fear of being reported to the Immigration and Naturalization Service (INS);and WHEREAS,the Seattle Police Department issued a Directive on June 6,2002,providing guidelines stating,among other things,that Seattle Police officers may not request specific documents for the sole purpose of determining a person's civil immigration status,and may not initiate police action based solely on a person's civil immigration status;and WHEREAS,all Seattle City officers and employees should be afforded analogous guidance with respect to inquiries into immigration status;and WHEREAS,a number of other jurisdictions in the United States have enacted policies or laws recognizing that their officers and employees should properly play a limited role with respect to matters relating to immigration status;and WHEREAS,these amendments to Seattle Municipal Code Ch.4.18 are consistent with federal laws regarding localities'responsibilities to cooperate with federal immigration authorities;and WHEREAS,this ordinance is not intended to interfere with the enforcement of laws. WHEREAS,amending SMC Ch.4.18.is an effective way to guide city officials and employees to adhere to federal law while helping to protect the safety and health of all members of our community. NL/LH/td 114436a.doe Date:January 27, 2003 V #4 NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1.A new Section 4.18.015 is added to Seattle Municipal Code Chapter 4.18,as follows: 4.18.015 Inquiries into immigration status. (A)Notwithstanding Seattle Municipal Code Section 4.18.010,unless otherwise required by law or by court order,no Seattle City officer or employee shall inquire into the immigration status of any person,or engage in activities designed to ascertain the immigration'status of any person. (B)Seattle Police officers are exempted from the limitations imposed by Subsection (A), above,with respect to a person whom the officer has reasonable suspicion to believe:(1)has previously been deported from the United States;(2)is again present in the United States; and (3)is committing or has committed a felony criminal-law violation. Section 2. Seattle Municipal Code Section 4.18.020 is amended as follows: 4.18.020 Mayor reports to Council. The Mayor shall report to the City Council and the people on a yearly basis as to the actions taken and being taken in support of this chapter. Section 3.Seattle Municipal Code Section 4.18.030 is amended as follows: 4.18.030 City Attorney enforcement duties. Consistent with and subject to Article X111 of the City Charter and the Code of Professional Responsibility,the City Attorney is requested to defend every action brought to declare invalid any section of this chapter,and maintain actions enforcing provisions of this chapter. Section 4.A new Section 4.18.035 is added to Seattle Municipal Code Chapter 4.18,as follows: 4.18.035.Required cooperation not prohibited. Nothing in this Chapter shall be construed to prohibit any Seattle City officer or employee from cooperating with federal immigration authorities as required by law. 2 NL/Lli/td 114436a.doc Date:January 27,2003 V 44 Section 5.Nothing in this chapter is intended to create or form the basis for Liability,on the part of the City,or its officers,employees,or agents. Section 6.This ordinance shall take effect and be in force thirty (30)days from and after its approval by the Mayor,but if not approved and returned by the Mayor within ten (10)days after presentation,it shall take effect as provided by Municipal Code Section 1.04.020. Section 7.This ordinance shall take effect and be in force thirty (30)days from and after its approval by the Mayor,but if not approved and returned by the Mayor within ten (10) days after presentation,it shall take effect as provided by Municipal Code Section 1.04,020. Passed by the City Council the al day of 2003,and signed by me in open session in authentication of its passage this dav of -:12Lonj, ~i~ 2003. President of the City Council 1-1 fllApprovedbymethisdayof 2003. 29 (SEAIL) 3