Label
Ordinance, City Services, Text Amendment of TMC
Driscoll, Gadus, Jones, Komives, Kramer, Martinez
Title
Amending Toledo Municipal Code by enacting Chapter 115 entitled “Immigration Status and City Resources”; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
In response to increased federal immigration enforcement efforts, this ordinance is part of a package of policies that are intended to provide clarity to both its employees and the public as to the City’s involvement with immigration enforcement efforts. The City does not operate any services for the purpose of federal immigration laws and enforcement of civil immigration is under the sole authority of the federal government. Toledo is home to thousands of immigrants, refugees, and their families who all make this city their home and in light of recent immigration enforcement efforts, Council feels an obligation to enact policies that demonstrate our support and protection for those residents.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code §115.01 is enacted to state as follows:
§115.01 Definitions
As used in this Chapter:
(1) “Confidential information” means sensitive data protected from unauthorized disclosure including, but not limited to, any personal information as defined in RC §149.45(A)(1)(a-e), protected health information as defined in RC §3701.17(A)(2), or any security record as defined in RC §149.433(A).
(2) “Immigration detainer request” means a request by a federal immigration enforcement agent to a federal, state, or local law enforcement agency that the law enforcement agency provide notice of release or maintain custody of an individual for purposes of civil immigration law enforcement, including Form I-247-A “Immigration Detainer - Notice of Action”, Form I-247D “Immigration Detainer - Request for Voluntary Action”, I-247X “Request for Voluntary Transfer”, Form I-247N “Request for Voluntary Notification of Release”, or any successor forms, as well as informal and verbal requests.
(3) “Public official” means any elected or appointed officer, or employee, or agent of the city whether in a temporary or permanent capacity.
(4) "Public servant" means any person performing ad hoc a governmental function including without limitation a member of a commission, board, master, advisor, or consultant.
(5) “Restricted area” means non-public areas in city-controlled buildings and spaces where access is limited to authorized personnel only. Restricted area includes, but is not limited to, areas in which protected, private and/or confidential information is stored, including electronic storage. Restricted Areas are characterized as any area where unauthorized entry could compromise employee safety or where confidential files or data and protected information are maintained.
(6) “Semi-restricted area” means a designated space within city-controlled buildings or spaces where access is limited to City of Toledo employees and invited guests. Semi-restricted areas include any area that is not intended to be widely accessible to the general public, but can be accessed by non-city employees when invited and/or accompanied by authorized personnel.
(7) "Staging area" means an area that is used to assemble, mobilize, and/or deploy vehicles, equipment, materials, and/or related personnel, for the purpose of carrying out operations for the enforcement of civil federal immigration laws.
(8) “287(g) agreement” means a 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)), authorizing local law enforcement officers to perform the functions of immigration enforcement agents.
SECTION 2. That Toledo Municipal Code §115.02 is enacted to state as follows:
§115.02 Immigration Status and City Services
(a) No department, employee, public official, or public servant of the City of Toledo shall deny access to city services based on the immigration status of any person unless required by law or court order.
(b) No department, employee, public official, or public servant of the City of Toledo shall solicit information about an applicant's immigration status in any application for city services unless required by law or court order.
(c) No department, employee, public official, or public servant of the City of Toledo shall use city moneys, equipment, or personnel for the sole purpose of detecting or apprehending any person based on the person's suspected immigration status, except in response to a court order.
(d) No department, employee, public official, or public servant of the City of Toledo shall request information about or otherwise investigate or assist in the investigation of a person's immigration status unless a warrant exists, a criminal violation was reported, or an arrest was made.
(e) No employee of the City of Toledo shall hold secondary employment with the U.S. Customs and Border Protection and/or the U.S. Immigration and Customs Enforcement.
(1) This subsection does not apply to city personnel when secondary employment with either agency is necessary for conducting the employee’s official city duties.
(2) An employee found to be in violation of this provision will be subject to disciplinary action, up to and including termination, consistent with any applicable collective bargaining agreement provisions that may apply.
SECTION 3. That Toledo Municipal Code §115.03 is enacted to state as follows:
§115.03 Immigration Enforcement Agreements
(a) No department, employee, public official, or public servant of the city shall enter into, renew, or participate in a 287(g) Agreement with the federal government without approval by ordinance of council.
(b) No city funds, personnel, equipment, or facilities shall be used to support activities authorized by a 287(g) Agreement unless the 287(g) Agreement has been approved by ordinance of council.
(c) Unless authorized by a valid 287(g) Agreement that has been approved by council, the city shall not institute any policy that allows a department, employee, public official, or public servant of the city to stop, arrest, or detain a person; or continue to detain a person after that person would otherwise be legally free to leave, based solely on any of the following:
(1) An immigration detainer request;
(2) An administrative warrant issued by any federal agent for the purposes of civil immigration enforcement; or
(3) Information or suspicion that the person is not present legally in the United States, or that the person has committed an immigration violation.
SECTION 4. That Toledo Municipal Code §115.04 is enacted to state as follows:
§115.04 Immigration Enforcement and City Property
(a) City-controlled parking lots, vacant lots, and garages are not open to the general public without restrictions. No federal, state, local, or other governmental entity or personnel is authorized to use any city-controlled parking lot, vacant lot, or garage as a staging area, processing location, operations base, or any other similar use for enforcing federal immigration laws. Such spaces are not available to the general public for similar activities, and federal, state, or local government entities or personnel shall not receive special or enhanced access to city property for operations enforcing federal immigration laws.
(b) It shall be the policy of the City of Toledo that neither restricted areas nor semi-restricted areas are open for the purpose of enforcement of federal immigration laws except:
(1) with a judicial warrant;
(2) under extenuating circumstances; or
(3) otherwise required by law.
(c) The authority to consent to a search of City-owned and/or City-controlled buildings and spaces, including in restricted or semi-restricted areas, for the purposes of enforcement of federal civil immigration laws lies solely with the Mayor or his or her designee, and
(d) City-owned property shall not be let, licensed, or otherwise be permitted to be used in contravention of the policies provided for in this chapter unless otherwise required by law.
(e) This section is not intended to and shall not be construed so as to interfere with the city’s obligations to comply with the terms of any lease, license, agreement, or contract in effect as of the effective date of this section. This section does not apply to property owned or leased by the federal government or the state of Ohio and operated by or leased to the city.
SECTION 5. That Toledo Municipal Code §115.05 is enacted to state as follows:
§115.05 Implementation and Enforcement
(a) The Mayor, or his or her designee, may promulgate rules and regulations consistent with the requirements of this chapter for the management and access to City-owned and/or City-controlled buildings and spaces.
(b) The Mayor, or his or her designee, shall ensure that City-owned and/or -controlled properties have clear signage stating that the property is controlled by the City of Toledo and that it is not authorized for use in any federal civil immigration enforcement operations.
(c) Wherever deemed appropriate by the Mayor, or his or her designee, he may investigate the need for and with the cooperation of other city departments, install physical barriers such as locked gates to limit access to city-owned and/or -controlled property, parking lots, vacant lots, or garages.
(d) A city employee who becomes aware of the use any city-owned and/or -controlled property, parking lot, vacant lot, or garage as a staging area, processing location, operations base, or any other similar use for enforcing federal immigration laws shall immediately report such violation to the employee’s department director or division commissioner.
SECTION 6. That Toledo Municipal Code §115.06 is enacted to state as follows:
§115.06 Scope
Nothing in this chapter shall be construed as restricting or interfering with the execution of court orders or lawful judicial warrants, or the enforcement of criminal violations of the law, nor as limiting the rights of any person or entity under state or federal law.
SECTION 7. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that the same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide clarity and protection for our employees and residents of City of Toledo.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council