City Commission Agenda Cover Memorandum

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Ambrose Webb
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City Commission Agenda Cover Memorandum Originating Department: Mayor/Admin (MA) Meeting Type: Regular Agenda Date: 03/27/2017 Advertised: Required?: Yes No ACM#: 21320 Subject: Resolution No.

1 City Commission Agenda Cover Memorandum Originating Department: Mayor/Admin (MA) Meeting Type: Regular Agenda Date: 03/27/2017 Advertised: Required?: Yes No ACM#: Subject: Resolution No to approve the designation of the City of West Palm Beach as a Welcoming City. Ordinance/Resolution: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE DESIGNATION OF THE CITY OF WEST PALM BEACH AS A WELCOMING CITY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Staff Recommended Motion: Approve Resolution No Background: The City of West Palm Beach celebrates its cultural diversity and acknowledges the positive contributions of our immigrant communities. The City wishes to promote use of its services by all of its residents who are eligible to receive them. Individuals should know that they may seek assistance of City agencies regardless of personal or private attributes, without negative consequences to their personal lives. The race, color, gender, ethnicity, religion, sexual orientation, age, sexual identity, or socio-economic status of a person in need of services should never negatively influence the work performed by City employees. All individuals who are eligible to receive a City service must not be inhibited from seeking that service because of fear or anxiety. The City strives to maintain an environment that protects life, property and amicably resolves conflicts. The City finds that assistance from a person, whether documented or not, who is a victim of, or a witness to, a crime is important to promoting the safety of all its residents, and that the cooperation of the City s immigrant communities is essential to prevent and solve crimes and maintain public order, safety and security in the entire City. Due to the City s limited resources, the complexity of immigration laws, the clear need to foster the trust of and cooperation from the public, including members of the immigrant communities and the need to effectuate the City s goals, the purpose of this Resolution is to clarify the City's position as it relates to enforcement of Federal Law.

2 AGENDA COVER MEMORANDUM Page 2 C.M. # Date: Fiscal Note Current Year: Annualized: Budgeted: Unbudgeted: Funding Source: Comment: Electronic Attachments: Click here for assistance with naming convention. Is this ACM related to a Grant? Yes No Is this ACM related to Housing? Yes No Originating Department - Approved by: Jeffrey Green on 03/15/ /15/2017 City Attorney's Department 03/15/2017 City Administrator Return to Agenda

3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE DESIGNATION OF THE CITY OF WEST PALM BEACH AS A WELCOMING CITY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ********* and WHEREAS, the City of West Palm Beach (the City ) celebrates its cultural diversity; WHEREAS, it is the policy of the City to promote use of its services by all of its residents who are eligible to receive them; and WHEREAS, individuals should know that they may seek assistance of City agencies regardless of personal or private attributes, without negative consequences to their personal lives; and WHEREAS, the race, color, gender, ethnicity, religion, sexual orientation, age, sexual identity, or socio-economic status of a person in need of services should never negatively influence the work performed by City employees; and WHEREAS, all those who are eligible to receive a City service must not be inhibited from seeking that service because of fear or anxiety; and WHEREAS, the City acknowledges the positive contributions of our immigrant communities; and WHEREAS, the City strives to maintain an environment that protects life and property and amicably resolve conflicts; and WHEREAS, the City finds that assistance from a person, whether documented or not, who is a victim of, or a witness to, a crime is important to promoting the safety of all its residents, and that the cooperation of the City s immigrant communities is essential to prevent and solve crimes and maintain public order, safety and security in the entire City; and WHEREAS, due to the City s limited resources, the complexity of immigration laws, the clear need to foster the trust of and cooperation from the public, including members of the immigrant communities and the need to effectuate the City s goals, the City Commission finds that there is a need to clarify the City's position as it relates to enforcement of Federal Law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, that: SECTION 1: SECTION 2: The City Commission hereby approves the designation of the City of West Palm Beach as a Welcoming City. Definitions: As used in this resolution, the following words and phrases shall mean and include: 1

4 a. Agency means every City department, agency, division, commission, council, committee, board, other body, or person established by authority of an ordinance, or executive order. b. Agent means any person employed by or acting on behalf of an agency. c. Citizenship or immigration status means all matters regarding questions of citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States. SECTION 3: No Agent or Agency shall request information about or otherwise investigate or assist in the investigation of the Citizenship or immigration status of any person unless such inquiry or investigation is required by Florida Statutes; Federal Law; the City of West Palm Beach Code of Ordinances; or other binding court decisions, opinions or processes. Notwithstanding this provision, the City Attorney, or his/her designee, may investigate and inquire about immigration status when relevant to potential or actual litigation or an administrative proceeding in which the Cities or may be a party. SECTION 4: No Agent or Agency shall disclose information regarding the Citizenship or immigration status of any person unless required to do so pursuant to Florida Statutes; Federal Law; the City of West Palm Beach Code of Ordinances; other binding court decisions, opinions, or processes; or when such disclosure has been authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual s parent or guardian. SECTION 5: No Agent or Agency shall condition the provision of the City benefits, opportunities, or services on matters related to Citizenship or immigration status unless required to do so by Florida Statutes; Federal Law; the City of West Palm Beach Code of Ordinances; or other binding court decisions, opinions or processes. SECTION 6: Except as otherwise provided in Federal Law; Florida Statutes; City of West Palm Beach Code of Ordinances; other binding Court decisions, opinions, or processes; or Agency policy, where presentation of an Florida driver s license or identification card is accepted 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 matricula consular (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 an Florida driver s license or identification card except that this subsection (b) shall not apply to the completion of the federally mandated I-9 forms. SECTION 7: Except as otherwise provided in Federal Law, all Agent and Agency arrests, detentions and continued detentions shall be conducted in accordance with the procedures set out in Standard Operating Procedures III-1, Arrest Procedures, Florida Statutes, the City of West Palm Beach Code of Ordinances or other binding court decisions, opinions or processes. SECTION 8: This resolution does not create or form the basis for liability on the part of 2

5 the City, its Agents, or Agencies. The exclusive remedy for violation of this resolution shall be through the City s disciplinary procedures for Agents under regulations including but not limited to this City personnel rules, union contracts, civil service commission rules, or any other agency rules and/or regulations. SECTION 9: If any provision, clause, section, part, or application of this resolution to any person or circumstance is declared invalid by any court of competent jurisdiction, such invalidity shall not affect, impair, or invalidate the remainder hereof or its application to any other person or circumstance. It is hereby declared that the legislative intent of the City Commission that this resolution would have been adopted had such invalid provision, clause, section, part or application not been included herein. 3

Office of the City Clerk

Office of the City Clerk Office of the City Clerk II O2012-4984 City Council Document Tracking Sheet Meeting Date: Sponsor(s): Type: Title: Committee(s) Assignment: 7/25/2012 Emanuel, Rahm (Mayor) Ordinance