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HomeMy WebLinkAbout19E - UPDATE SANCTUARY POLICYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2017 TITLE: RECEIVE AND FILE UPDATE ON SANCTUARY POLICY ADVISORY GROUP (STRATEGIC PLAN NO. 3,5A) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1'd Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file update on Sanctuary Policy Advisory Group. DISCUSSION On December 6, 2016, the City Council adopted a resolution to declare the City of Santa Ana a sanctuary for all its residents, regardless of their immigration status. The intent of the Resolution was to demonstrate Santa Ana's commitment to its residents by unequivocally stating that it will provide a sanctuary to all residents who are fearful by assuring them that the City will not expend any funds, nor use its resources, to administer federal immigration law which is the exclusive authority of the federal government. The Resolution required the implementation of various policies which included: protecting sensitive information; reaffirming the City's commitment to preventing biased -based policing and disallowing the use of City resources for immigration enforcement; exercising maximum discretion in policing; providing additional training for all affected City employees, officials, and agents; and the feasibility of establishing a task force for oversight. This action was then followed by the approval of Ordinance No. NS -2908 (Ordinance) by the City Council on December 20, 2016 and January 17, 2017. The purpose of the Ordinance is to establish the City's procedures concerning immigration status and enforcement of federal civil immigration laws. The Ordinance prohibits City staff from participating in certain acts including: • Requesting or mainlining information about sensitive information about any person except as provided in the Ordinance • Disclosing of sensitive information about any person except as provided in the Ordinance • Use of City resources to assist in the enforcement of federal immigration law except as provided in the Ordinance 19E-1 Receive and file the update on the sanctuary policy advisory group November 7, 2017 Page 2 SANCTUARY POLICY ADVISORY GROUP The Ordinance calls for the establishment of a commission, task force, or similar body composed of community members to advise the City Council on these and all policies related to the Ordinance. In an effort to develop an advisory body and work plan to oversee the implementation of the Ordinance, City Manager's Office staff sought the assistance from members of the OC Immigrant Rights Policy Working Group, a collaborative working group comprised of non-profit organizations and educational institutions that were instrumental in the development and adoption of Santa Ana's Sanctuary Resolution and Ordinance. In meeting with members of the OC Immigrant Rights Policy Working Group, staff discussed the composition of the advisory group as well as the need to develop an advisory review processes and work plan for implementation. The outcome of the meeting and follow-up discussion contributed to the development of the Sanctuary Policy Advisory Group that will oversee the implementation the Ordinance. The purpose of the Sanctuary Policy Advisory Group is to provide recommendations to the City Council on policy related items. In addition, the advisory group will also provide recommendations to the City Manager regarding administrative or departmental procedures in furtherance of the Ordinance. Staff anticipates the Sanctuary Policy Advisory Group will have participation from a number of non-profit organizations and support groups. Invitations will be sent to the following groups: • Santa Ana Building Healthy Communities • Resilience OC • Orange County Immigrant Youth United • Western State College of Law • SACRED • ACLU of Orange County • UCI Law School • Mexican Consulate's Office The City Manager's Office will coordinate and facilitate Sanctuary Policy Advisory Group meetings and from time -to -time include members from City Departments and divisions such as the Police Department, Neighborhood Initiatives Program, Community Development Agency, and others in the review of current policies and procedures. Policy level recommendations developed in conjunction with the advisory group will be presented to the Legislative Affairs, Ethics, Transparency and Communication Council Committee prior to being recommended for City Council for consideration. The development of a review process and work plan will be the first priority of the Sanctuary Policy Advisory Group. To this end, Staff is collaborating with members from Santa Ana; Building 19E-2 Receive and file the update on the sanctuary policy advisory group November 7, 2017 Page 3 Healthy Communities and UCI Law School in gathering sample review processes and work plans from Sanctuary cities in California and across the country. Staff anticipates conducting a Sanctuary Policy Advisory Group kickoff meeting in December 2017. Monthly standing meetings will follow to initiate the policy review process and implementation of the Ordinance. The term of the Sanctuary Policy Advisory Group is dependent on the work plan, implementation efforts, and desired outcomes. Staff recommends the advisory group remain active for a term no less than two years and City to reassess the continuation of such advisory group at such time. Progress updates will be provided to the City Council on a quarterly basis. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective 6 (focus projects and programs on improving the health and wellness of all residents.), Strategy F (incorporate health, wellness, and equity into all applicable policies and plans. FISCAL IMPACT There is no fiscal impact associated with this action at this time. Robert C. Cortez Deputy City Mana City Manager's Office 19E-3 19E-4