Legislation Details

File #: REF-136-26    Version: 1 Name:
Type: Referral Status: Answered Referral
File created: 9/18/2026 In control: Clerk's Office
On agenda: 9/17/2026 Final action:
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
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Label

Councilman Martinez

O-095-26

9/18/2026

 

Title

From:   Councilman Martinez                       Response Requested:                      asap

 

In Ordinance 095-26 <https://toledo.legistar.com/LegislationDetail.aspx?ID=7942401&GUID=B0DB6A15-7834-4248-86DD-F9C877844CC4&Options=Text%7C&Search=287&FullText=1> "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. §1357(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 from utilizing any City equipment, including Flock, for sole purpose of "detecting or apprehending any person based on the person's suspected immigration status". 

 

Thus, if an outside law enforcement agency with a 287(g) agreement contacted the City for access to its Flock data for purposes of supporting a 287(g) activity, such as "detecting or apprehending any person based on the person's suspected immigration status", the City (and its employees) would be prohibited from sharing that information, absent a valid court order requiring the disclosure.