Label
Councilman Martinez
O-095-26
9/18/2026
Title
From: Councilman Martinez Response Requested: asap
In Ordinance 095-26 "Amending TMC by enacting Chapter 115 entitled "Immigration Status and City Resources", does Section 3 (B) apply to Flock data obtainable by law enforcement agencies engaged in a 287 (g) agreement? It states "No city... equipment shall be used to support activities authorized by a 287 (g) agreement unless approved by Council"
Body
Referral Response:
DEPARTMENT OF LAW
September 23, 2026
TO: President Vanice Williams and Honorable Members of Toledo City Council
THROUGH: Wade Kapszukiewicz, Mayor
Abby Arnold, Deputy Mayor
Dale R. Emch, Law Director DRE 9.23.2026
FROM: Sarah Stephens, Senior Attorney
SUBJECT: Council Referral No. 136-26
______________________________________________________________________________
REFERRAL:
In Ordinance 095-26 "Amending TMC by enacting Chapter 115 entitled "Immigration Status and City Resources"", does Section 3 (B) apply to Flock data obtainable by law enforcement agencies engaged in a 287 (g) agreement? It states "No city... equipment shall be used to support activities authorized by a 287 (g) agreement unless approved by Council."
RESPONSE:
Yes, both Section 115.03(b) and Section 115.02(c) would apply. A 287(g) agreement is written Memorandum of Agreement, contract, or arrangement entered into pursuant to Section 287(g) of the Immigration and Nationality Act (8 U.S.C. ยง1357(g)), that authorizes local law enforcement officers to perform the functions of immigration enforcement agents.
Section 115.03(b) prohibits the use of City equipment to support activities under a 287(g) agreement, unless approved by Council. City equipment includes Flock technology. This applies both internally (i.e. our own officers) and externally (i.e. outside agencies that have entered into a 287(g) agreement). Additionally, under Section 115.02(c) the City (and its employees) are prohibited fr...
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