Office of the Mayor BACKGROUND DISCUSSION:

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1 Office of the Mayor To: Duvall City Council From: Mayor Ibershof Date: February 1, 2017 Subject: Safe City BACKGROUND DISCUSSION: The Trump administration has signed executive orders with respect to immigration. As such, several cities, nationally and within King County, have taken steps to establish a policy or pass a resolution on the issue of being a Sanctuary City. Most notably, the City of Seattle declared itself a Sanctuary City. Most recently, King County, the cities of Shoreline, Edmonds and Renton have discussed the issue. Both Shoreline and Edmunds have discussed their position and passed resolutions that reflect that position. I have received several calls from citizens within the City and a couple from different community groups asking if Duvall is going to declare itself a Sanctuary City. I explained to them that I support the concerns of protecting people s rights, yet I do not want to place Duvall into the crosshairs of the Trump Administration since we receive federal grants and I do not want to place the City into a legal challenge with immigration. As such, I reviewed the materials from King County, Shoreline and Edmonds. I have attached materials from Shoreline and Edmonds for your review. NEXT STEPS: I have attached a draft resolution that the City Administrator and I wrote that I feel sends a message to our community, yet does not place the City into the spotlight with the federal government. I would encourage council to review the draft and provide feedback to the administration if they wish to support this resolution or if they have a different resolution they would like to support. RECOMMENDATION: I would recommend approval of the Safe City Resolution as drafted, yet I am leaving it up to council Main Street NE P.O. Box 1300 Duvall, WA Fax

2 CITY OF DUVALL WASHINGTON RESOLUTION NO. A RESOLUTION DECLARING THE CITY OF DUVALL TO BE AN EQUITABLE, SAFE, AND INVITING COMMUNITY FOR EVERYONE WHO LIVES, WORKS, AND VISITS DUVALL WHEREAS, as City Council and Mayor of the City of Duvall, it is an honor and privilege to serve our community, and it is our utmost responsibility to uphold the rights and freedoms of the families and individuals we represent, and WHEREAS, The City believes that the strength and vitality of our community comes from our rich diversity of cultures, experiences and backgrounds; and WHEREAS, the City recognizes and upholds the rights of individuals to be treated fairly and to live their lives with dignity and respect and free from discrimination, fear or targeting because of their faith, race, national origin, sexual orientation, gender, age ability, housing status, economic status, or other social status; and WHEREAS, the City strongly condemns any act of harassment, bullying, intimidation, violence, or other acts of hate that are based on faith, race, national origin, sexual orientation, gender, age ability, housing status, economic status, or other social status; and WHEREAS, the City is committed to ensuring that Duvall remains a welcoming, inclusive and safe community for all who live, work and visit here; and WHEREAS, the City will continue to work, in cooperation with our community partners, to ensure we work actively to remain a welcoming, inclusive and safe community for all who live, work and visit here; and WHEREAS, as leaders in the community, we have a special responsibility no to stay silent in the face of discrimination, harassment, or hate against any of our residents, and we choose to be a leader in protecting human rights, equity, public safety and social well-being; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUVALL, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City Council and Mayor are committed to making Duvall an equitable, safe, and inviting community for everyone who lives in, works in, or visits Duvall. Section 2. The City Council and Mayor are committed to joining with the people of Duvall in opposing hate, violence, or any acts of intolerance committed against our community members.

3 Section 3. The City Council and Mayor are committed to continuing our work to reach out to and connect with all members of our community to ensure that our programs and services are accessible and open to all individuals. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF, Approved as to form: Rachel B. Turpin, City Attorney CITY OF DUVALL Mayor Will Ibershof ATTEST/AUTHENTICATED Jodi Wycoff, City Clerk

4 From: Matthew Morton Sent: 2/1/2017 8:01 AM To: Will Ibershof; Amy Ockerlander Subject: ICMA View on SC Legal Theories for Sanctuary Cities by Lisa Soronen, executive director, State and Local Legal Center January 30, 2017 On the campaign trail, President Trump promised to cancel all federal funding to sanctuary cities that do not cooperate with the federal government in enforcing federal immigration law. True to his word, President Trump has signed an executive order stating that sanctuary cities are not eligible to receive federal grants, with some unclear exceptions. Whether and when this executive order will lead to cities losing federal funding, and how much, is unknown. New York City mayor Bill de Blasio has vowed to sue the federal government the minute action to withhold funding occurs. Much has been written about what legal theories could be relied on to challenge the cancelling of federal funds. It is difficult to gauge the strength of these theories because all are rooted in Supreme Court precedent applying broad constitutional provisions in fact contexts different than this executive order. Below are a few possible legal theories cities may rely on if they sue the federal government. The first three are based on limitation the Supreme Court has found in the Constitution s Spending Clause. In short, the Spending Clause allows the federal government to place conditions on money states and local government receive to a point. The final theory rests on the Tenth Amendment. If sanctuary cities sue the federal government they are likely to allege that cancelling all federal funding is coercive under the Spending Clause. In NFIB v. Sibelius (2012), Chief Justice Roberts famously described the federal government s plan to withhold all Medicaid funding if states refused to agree to the Afordable Care Act Medicaid expansion as a

5 coercive gun to the head. In that case, states stood to lose over 10 percent of their overall budget by not agreeing to the Medicaid expansion. Many sanctuary cities would stand to lose that percent of their budget and more if they lost all federal dollars. As George Mason University School of Law professor Illya Somin points out in a Washington Post article, the fact that the statutory language of most, if not all, federal grant programs to cities doesn t require cities to assist the federal government with immigration enforcement is another possible ground for sanctuary cities to challenge this executive order. In decisions, including Pennhurst State School and Hospital v. Halderman (1981), the Supreme Court has stated that when Congress, using its spending power, imposes conditions on the receipt of federal funds it must do so unambiguously. The Supreme Court also has held that per the Spending Clause, conditions Congress places on grants must be germane or related to the federal interest in the grant program. In South Dakota v. Dole (1987), the Court noted approvingly that South Dakota didn t challenge the germaneness of the Secretary of Transportation withholding a percent of highway funds to states that did not raise the drinking age to 21. Now imagine if Congress unambiguously conditioned a number of federal grant programs for roads, health care, education, etc. on cities assisting with federal immigration enforcement. Cities could argue these conditions are not germane or related to the federal interests in funding roads, health care, or education. The Tenth Amendment reserves powers not delegated to the federal government to the states. The Supreme Court has interpreted the Tenth Amendment to contain an anticommandeering requirement where states and local governments cannot be required to enact or administer a federal regulatory program. For example, in Printz v. United States (1997), the Court struck down a federal law requiring local police departments to perform handgun background checks until the federal government could manage the task. Sanctuary cities could argue that they cannot be commandeered into enforcing federal immigration law. Matthew T. Morton ICMA-CM, EMPA City Administrator City of Duvall, PO Box 1300, Duvall WA (425) Matthew.Morton@duvallwa.gov

6 Council Meeting Date: January 23, 2017 Agenda Item: 8(a) CITY COUNCIL AGENDA ITEM CITY OF SHORELINE, WASHINGTON AGENDA TITLE: Adoption of Resolution No. 401 Declaring the City of Shoreline to be an Inviting, Equitable and Safe Community for All and Prohibiting Inquiries by City of Shoreline Officers and Employees Into Immigration Status and Activities Designed to Ascertain Such Status DEPARTMENT: City Manager s Office PRESENTED BY: John Norris, Assistant City Manager ACTION: Ordinance X_ Resolution Motion Discussion Public Hearing PROBLEM/ISSUE STATEMENT: In response to hearing about some incidents around the Country where citizens have been targets of harassment, bullying, intimidation, violence, or other acts of hate because their religion, race, immigration status, or some other protected class, Mayor Roberts asked staff to review and put together a resolution for Council consideration that would speak to Shoreline being an inviting, equitable and safe City for all residents and visitors. Tonight, Council will discuss proposed Resolution No. 401, which declares the City of Shoreline to be an inviting, equitable and safe community for all and prohibits inquiries by City of Shoreline officers and employees into immigration status and activities designed to ascertain such status. As this is a proposed Action Item in front of the Council for the first time, as per Council rule, public comment on this resolution shall follow the staff report but precede Council review and potential adoption of proposed Resolution No RESOURCE/FINANCIAL IMPACT: Staff does not believe there to be a financial impact to adopting Resolution No However, threats have been made by the new incoming presidential administration that cities that do not cooperate with federal agencies in providing information about known undocumented immigrants may lose federal grant funding. While proposed Resolution No. 401 only precludes City staff and officers from asking Shoreline residents about their immigration status, which is a long standing practice of the King County Sherriff s Office, it is possible that this type of resolution could be seen by the incoming presidential administration as in conflict with their immigration policies, which could put the City at risk of losing federal grant funding. It is unknown whether this threat would actually be realized or what the outcome of a potential legal challenge would be, if this federal policy were challenged in court. Page 1

7 RECOMMENDATION Staff recommends that Council adopt Resolution No. 401 Approved By: City Manager DT City Attorney MK Page 2

8 BACKGROUND In response to hearing about some incidents around the Country where citizens have been targets of harassment, bullying, intimidation, violence, or other acts of hate because their religion, race, gender, immigration status, or some other protected class, Mayor Roberts asked staff to review and put together a resolution for Council consideration that would speak to Shoreline being an inviting, equitable and safe City for all residents and visitors. Other local communities, such as Olympia, Everett, Seattle, Burien and Kirkland, have also reinforced their commitment to acceptance, equal treatment and safety for everyone in their community, and staff reviewed those communities resolutions and proclamations when drafting this proposed resolution for Council consideration. DISCUSSION Tonight, Council will discuss proposed Resolution No. 401 (Attachment A). Proposed Resolution No. 401 resolves to make Shoreline an inviting, equitable and safe community for everyone. It also resolves that the City is committed to standing together with the people of Shoreline in opposing hate, violence and acts of intolerance committed against our community members and that the City will continue to reach out to and connect with all members of the community to ensure that City programs are accessible and open to all individuals. Additionally, the proposed Resolution No. 401 prohibits any inquiries, unless required by law or by court order, by Shoreline officers and employees into the immigration status or any person, or engage in activities designed to ascertain the immigration status of any person. This prohibition conforms with the long-standing King County Sherriff s Office policy, with whom the City contracts for police services, that prohibits Sherriff s Office personnel from inquiring about an individual s immigration status. It also conforms with the City s current practices, although there are no instances that staff could think of where staff would ask about a resident s immigration status in receiving service from the City. Thus, while this section of the resolution would not change any current operational practices at the City, it does formally affirm the City s and the Police Department s practices and policies and gives weight to their meaning and value. As proposed Resolution No. 401 is in front of the Council for the first time, as per Council rule, public comment on this resolution shall follow the staff report but precede Council review and potential adoption. RESOURCE/FINANCIAL IMPACT Staff does not believe there to be a financial impact to adopting Resolution No However, threats have been made by the new incoming presidential administration that cities that do not cooperate with federal agencies in providing information about known undocumented immigrants may lose federal grant funding. While proposed Resolution No. 401 only precludes City staff and officers from asking Shoreline residents about their immigration status, which is a long standing practice of the King County Sherriff s Office, it is possible that this type of resolution could be seen by the incoming presidential administration as in conflict with their immigration policies, which could put Page 3

9 the City at risk of losing federal grant funding. It is unknown whether this threat would actually be realized or what the outcome of a potential legal challenge would be, if this federal policy were challenged in court. RECOMMENDATION Staff recommends that Council adopt Resolution No. 401 ATTACHMENTS: Attachment A: Proposed Resolution No. 401 Page 4

10 RESOLUTION NO. 401 A RESOLUTION OF THE CITY COUNCIL, CITY OF SHORELINE, WASHINGTON, DECLARING THE CITY OF SHORELINE TO BE AN INVITING, EQUITABLE AND SAFE COMMUNITY FOR ALL AND PROHIBITING INQUIRIES BY CITY OF SHORELINE OFFICERS AND EMPLOYEES INTO IMMIGRATION STATUS AND ACTIVITIES DESIGNED TO ASCERTAIN SUCH STATUS WHEREAS, the City believes that the strength and vitality of our community comes from our rich diversity of cultures, experiences and faiths; and WHEREAS, the City recognizes and upholds the rights of individuals to be treated fairly and to live their lives with dignity and respect and free from discrimination or targeting because of their immigration status, faith, race, national origin, sexual orientation, gender or gender identity, age, ability, ethnicity, housing status, economic status, or other social status; and WHEREAS, the City strongly condemns any act of harassment, bullying, intimidation, violence, or other acts of hate that are based on immigration status, faith, race, national origin, sexual orientation, gender or gender identity, age, ability, ethnicity, housing status, economic status, or other social status; and WHEREAS, the City is committed to ensuring that Shoreline remains a welcoming, inclusive and safe community for all who live, work and visit here; and WHEREAS, the City will continue to work, in cooperation with our community partners, to ensure our services and programs are accessible and open to all individuals; and WHEREAS, the City affirms the King County Sheriff s Office policy, with whom the City contracts for police services, that prohibits Sheriff s Office personnel from inquiring about an individual s immigration status and from engaging in activities to ascertain such status; and WHEREAS, the City s current practice prohibits City employees from inquiring about an individual s immigration status and from engaging in activities to ascertain such status; and WHEREAS, the City wishes to ensure that its officers and employees follow a policy of prohibiting the inquiring into a person s immigration status or from engaging in activities to ascertain such status; and WHEREAS, as leaders in the community, we have a special responsibility not to stay silent in the face of discrimination, harassment or hate against any of our residents, and we choose to be a leader in protecting human rights, equity, public safety and social well-being; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHORELINE, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:

11 That the City Council of the City of Shoreline is committed to making Shoreline an inviting, equitable and safe community for everyone; committed to standing together with the people of Shoreline in opposing hate, violence and acts of intolerance committed against our community members; and committed to continuing our work to reach out to and connect with all members of our community to ensure that our programs are accessible and open to all individuals. That the City Council of the City of Shoreline prohibits any inquiries, unless required by law or by court order, by Shoreline officers and employees into the immigration status or any person, or engage in activities designed to ascertain the immigration status of any person. ADOPTED BY THE CITY COUNCIL ON JANUARY 23, ATTEST: Christopher Roberts Mayor Jessica Simulcik Smith, City Clerk

12 City Council Agenda Item Meeting Date: 01/10/2017 Resolution Declaring Edmonds a Safe City (10 min.) Staff Lead: Department: Pre parer: Councilmember Adrienne Fraley-Monillas City Council Andrew Pierce Background/History The City Council and Mayor are committed to making Edmonds an equitable, safe, and inviting city for everyone who lives in, works in, and visits out city. Staff Recommendation N/A Narrative See text of proposed resolution. Attachments: Resolution 138X safe city.packetpg.. 191

13 RESOLUTION NO. A resolution declaring the City of Edmonds to be an equitable, safe, and inviting community for everyone who lives in, works in, and visits Edmonds WHEREAS, as City Council of the City of Edmonds, it is an honor and privilege to serve our community, and it is our utmost responsibility to uphold the rights and freedoms of the families and individuals we represent, and WHEREAS, we have heard from community members who have concerns about their safety and wellbeing and the safety and wellbeing of their family members, friends, and neighbors, and WHEREAS, with this Resolution, we affirm the following commitments to our residents: We believe that the strength and vitality of our community comes from our rich diversity of cultures, experiences, and faiths and we celebrate that diversity. We recognize and uphold the rights of individuals to be treated fairly and to live their lives with dignity, free from discrimination or profiling because of their faith, race, national origin, or immigration status. We are committed to ensuring that Edmonds remains a welcoming, inclusive, and safe community for all who live, work, and visit Edmonds. We strongly condemn bullying, intimidation, profiling, harassment, or any other acts of hate that are based on age, faith, race, national origin, immigration status, gender identity, ability, ethnicity, housing status, sexual orientation, economic status, or any other social status. We will continue to work, in cooperation vvith our community partners, to ensure our semces and social programs are accessible and open to all individuals. We believe that, as elected representatives of the people of Edmonds, we have a special responsibility to speak out against hate and discrimination against any of

14 our residents, and we choose to be a leader in protecting human rights, equity, public safety, and social wellbeing; and WHEREAS, in furtherance of the aboye-cited commitments, we created the Edmonds Diversity Commission in 2015 and continue to support the Commission's programs and activities intended to carry out its mission, which is codified at ECC as follows: A. Serve as a commission for city goyernment and the community by providing information, education, and communication that facilitates understanding of diversity and to celebrate and respect individual differences. B. Recommend to the mayor and city council diversity opportunities to promote programs, and provide guidance to assure an accessible, safe, welcoming and inclusive government and community. C. Support, challenge, and guide government and the community to eliminate and prevent all forms of discrimination. IIi "C!: 0 E "C w NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as follows: Section 1. The City Council is committed to making Edmonds an equitable, safe, and inviting community for everyone who lives in, works in, or visits Edmonds. Section 2. The City Council is committed to joining with the people of Edmonds in opposing hate, violence, or any acts of intolerance committed against our community members. Section 3. The City Council is committed to continuing our work to reach out to and connect with all members of our community to ensure that our programs and services are accessible and open to all individuals.