HomeMy WebLinkAboutR-10788 - Resolution formally setting forth the City's current policies and practices relating to federal immigration enforcement cooperation and declaring SLO as a Welcoming CityRESOLUTION NO. 10788 (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, FORMALLY SETTING FORTH THE CITY'S
CURRENT POLICIES AND PRACTICES RELATING TO FEDERAL
IMMIGRATION ENFORCEMENT COOPERATION AND DECLARING
SAN LUIS OBISPO AS A WELCOMING CITY TO ALL PERSONS,
IRRESPECTIVE OF PROTECTED CHARACTERISTICS OR
IMMIGRATION STATUS
WHEREAS, the City of San Luis Obispo is made up of diverse individuals, both native
born and immigrants, whose collective cultures, religions, backgrounds, orientations, abilities and
viewpoints join to form a community that prides itself on being a place that welcomes persons and
families of all walks of life; and
WHEREAS, recent Executive Orders and statements of federal officials have created a
sense of uncertainty and fear among many communities in San Luis Obispo, across our State and
across the Nation; and
WHEREAS, the City of San Luis Obispo assures all members of its community that the
City supports them, will do all it can to maintain and improve their quality of life, and will not
tolerate acts of hate, discrimination, bullying, or harassment; and
WHEREAS, the San Luis Obispo City Council wishes to declare that San Luis Obispo is
a safe place for immigrants from all countries, and of all races, religions, ethnicities, disabilities,
and sexual and gender identities, including the estimated 9,000 undocumented immigrants in SLO
county (Public Policy Institute of California, 2013) and their loved ones; and
WHEREAS, San Luis Obispo's immigrant families contribute to the economic and social
fabric of the City by establishing and patronizing businesses, contributing to arts and culture, and
achieving other accomplishments which benefit not only themselves and their families, but the
entire community; and
WHEREAS, it is the City Council's desire to ensure that its immigrant residents participate
in civic life and daily activities and engage constructively with law enforcement and other City
services without fear of being arrested or reported to the United States Immigration and Customs
Enforcement agency solely due to their immigration status; and
WHEREAS, the City of San Luis Obispo values families remaining together and opposes
separation due to parents' or personal immigration status; and
WHEREAS, it is the policy of the City of San Luis Obispo to treat all persons equally,
with dignity and respect, regardless of race, religion, creed, color, national origin, ancestry, age,
sex, sexual orientation, gender, gender identity, or disability status; and
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WHEREAS, the San Luis Obispo Police Department is committed to providing law
enforcement services to all community members by enforcing the law equally, fairly and without
discrimination toward any individual or group, regardless of race, religion, creed, color, national
origin, ancestry, age, sex, sexual orientation, gender, gender identity, and disability status; and
WHEREAS, the San Luis Obispo Police Department recognizes the need for a safe
community and values a positive and trusting relationship with all community members they are
sworn to protect; and
WHEREAS, to encourage crime reporting and cooperation in the investigation of criminal
activity, all individuals, regardless of their immigration status, must feel secure that contacting or
being addressed by members of law enforcement will not automatically lead to immigration
inquiry and/or deportation actions initiated by the local police; and
WHEREAS, the enforcement of civil immigration laws by local police agencies raises
many complex legal, logistical and resource issues for cities, including the potential to undermine
the trust and cooperation with immigrant communities; and
WHEREAS, the City of San Luis Obispo Council is greatly concerned about public safety
in San Luis Obispo and the mission of the San Luis Obispo Police Department is to maintain a
safe city by working in partnership with the community to protect life and property, prevent and
reduce crime, and improve the quality of life in our neighborhoods, while preserving the rights of
all through a commitment to Service, Pride and Integrity.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The San Luis Obispo City Council calls upon all City residents and all City
Departments and employees to speak out against acts of bullying, discrimination and hate violence
and report any alleged hate crimes to appropriate law enforcement agencies.
SECTION 2. City officials and employees, including members of the San Luis Obispo
Police Department, shall not directly enforce Federal civil immigration laws and shall not use city
monies, resources or personnel to investigate, question, detect, or apprehend persons based on
uncertainty regarding immigration status or solely on a possible violation of immigration law,
unless required by State or Federal law.
SECTION 3. The City of San Luis Police Department has adopted and implements
Police Department policy 443.2 regarding immigration violations which states "It is the policy of
the San Luis Obispo Police Department that all members make personal and professional
commitments to equal enforcement of the law and equal service to the public. Confidence in this
commitment will increase the effectiveness of the Police Department in protecting and serving
the entire community and recognizing the dignity of all persons, regardless of their immigration
status." The practice is that the Police Department does not ask people their status in the United
States whether being contacted as victims, witnesses or suspects.
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Resolution No. 10788 (2017 Series)
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SECTION 4. Nothing herein is intended, nor shall it be construed, to direct non-
compliance with state or federal law.
SECTION 5. Effective Date. This Resolution is effective immediately upon adoption.
Upon motion of Council Member Pease, seconded by Vice Mayor Rivoire, and on the following
roll call vote:
AYES: Council Members Christianson, Gomez and Pease,
Vice Mayor Rivoire and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 4th day of April 2017.
ATTEST:
Z&'M_L'Z�
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
,V. Lthristine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this day of _ 2017.
Carrie Gallagher
City Clerk
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