HomeMy WebLinkAboutCC Reso 2017-19 RESOLUTION NO. 2017-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY PROCLAIMING SANCTUARY CITY
STATUS
WHEREAS, the City of Cathedral City has long embraced and welcomed
individuals of diverse racial, ethnic, religious, and national backgrounds, including a large
immigrant population; and
WHEREAS, the City of Cathedral City respects, upholds, and values equal
treatment for all of its residents, regardless of immigration status; and
WHEREAS, fostering a relationship of trust, respect, and open communication
between City officials and residents is essential to the City's mission of delivering efficient
public services in partnership with our community, which ensures public safety, a
prosperous economic environment, opportunities for our youth, and a high quality of life
for residents; and
WHEREAS, the City of Cathedral City seeks to continue to foster trust between
City officials and residents to protect limited local resources, to encourage cooperation
between residents and City officials, including law enforcement officers and employees,
to ensure public safety and due process for all; and
WHEREAS, the City of Cathedral City will not utilize local funds and resources to
enforce federal immigration laws, and has reaffirmed the Cathedral City Police
Department policy on immigration violations; and
WHEREAS, the Cathedral City Police Department is committed to protect
individuals from persecution within the city limits based solely on immigration status; and
WHEREAS, in recognition of the City's continued commitment to the equal,
respectful, and dignified treatment of all people regardless of sex, gender, gender
identity, gender expression, marital status, domestic partnership status, sexual
orientation, race, color, religion, ancestry, national origin, or disability, the City Council,
desires to adopt this Resolution declaring the City of Cathedral City a sanctuary city for
all its residents, regardless of their immigration status; and
WHEREAS, the City of Cathedral City objects to the enforcement of Executive
Order Number 13768 on the basis of ensuring the public health, safety, and welfare of all
Cathedral City residents, including undocumented immigrants; and
WHEREAS, on April 25, 2017, the United States District Court for the Northern
District of California granted the County of Santa Clara and City and County of San
Francisco's motions to prevent the enforcement of Section 9(a) of Executive Order
Number 13768, finding that the section is unconstitutional and cities would suffer
irreparable harm from the discontinuation of federal funds based on their sanctuary
jurisdiction status; and
WHEREAS, the City Council of the City of Cathedral City believes that the above
Executive Order strongly betrays the longstanding principles, values, and traditions of not
only the City of Cathedral City but also those of the United States of America.
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. As federal immigration laws become more complex, the City
Council finds it necessary to clarify the communication between the City and the federal
government to prevent the use of local resources for federal immigration enforcement.
Accordingly, the purpose of this Resolution is to reaffirm the City's policies and
procedures in the enforcement of federal immigration laws.
SECTION 2. A sanctuary city means it is a place where all persons are treated
equally, with respect and dignity, regardless of immigration status. This sanctuary city
status is designed to promote trust between City employees and City residents ensuring
community safety and security.
SECTION 3. Except as otherwise provided or required in this resolution, no City
official, employee or agent of the City, while in the course and scope of employment
shall use any City funds or resources to enforce federal civil immigration law. City
officials, employees and agents may continue to comply with lawfully issued judicial
warrants or other subpoenas and cooperate with federal authorities to protect public
safety. This collaboration includes, but is not limited to, participation in joint criminal
investigations that are permitted under City policy and applicable under federal or state
law.
SECTION 4. The regulations set forth in the Cathedral City Police Department
Policy Manual, Policy 428 entitled, "Immigration Violations", provide guidelines to
members of the Cathedral City Police Department for investigating and enforcing
immigration laws. The regulations include, but are not limited to, the following:
1. An officer will require a judicial warrant prior to detaining an individual solely
on the basis of alleged violations of the civil provisions of federal immigration law.
2. Arresting, detaining, or continuing to detain a person solely on the belief that
a person is not lawfully present in the United States is prohibited.
SECTION 5. Nothing in this Resolution restricts any City official, employee or
agent of the City from sending to and/or receiving information from federal immigration
authorities regarding a person's citizenship or immigration status pursuant to Sections
1373 and 1644 of Title 8 of the United States Code. Nothing in this Resolution shall be
construed to apply to matters other than those relating to federal civil immigration and
none of its terms shall be interpreted to prevent or prohibit City officials, employees or
agents from enforcing criminal laws.
SECTION 6. The regulations set forth in Policy 428 will not apply where
confidential information is required to provide a resident with City services and the
necessary consent is given by the resident.
SECTION 7. It is the public policy of this City to encourage cooperation with the
criminal justice system and not to penalize persons for being victims, undocumented
immigrants, or witnesses who can give evidence in a criminal investigation.
SECTION 8. The City of Cathedral City hereby objects to Executive Order
Number 13768 on the basis that it is contrary to the values of openness and inclusion
of the City of Cathedral City and to the ideals upon which the United States of America
was founded as a population of persons that at one time were all immigrants or refugees
from some other country.
SECTION 9. The City of Cathedral City implores the repeal of Executive Order
Number 13768 on the basis that it is contrary to traditional American values of
acceptance, inclusion, and the idea of the American Dream.
SECTION 10. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution. This Resolution will also be made available in Spanish to ensure trust
and respect between all Cathedral City residents and City personnel.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Cathedral City held on this 24th day of May, 2017, by the following vote:
Ayes: Councilmembers Aguilar and Kaplan; Mayor PRo Tem Pettis
Noes: Councilmember Carnevale and Mayor Henry
Absent: None
Abstain: None
S anley E. Henry, Mayor �r
ATTEST:
4441MIL
Gary F. Howell, ,1 ity Clerk -
APPROVED S Te • 'M:
AUlid
Eric S. Vail, City Attorney