HomeMy WebLinkAbout2015 08-03 HRC PacketAGENDA
CITY OF MAPLEWOOD
Human Rights Commission
7:00 P.M Monday, August 3, 2015
City Hall, Council Chambers
A. Call to Order
B. Roll Call
C. Approval of Agenda
D. Approval of Minutes
1. Approval of July 6, 2015 Human Rights Commission Meeting Minutes
E. New Business
1. Human Rights in the News - Review/Update on Upcoming Forums/Report on
Forums or Meetings Attended or Other Related HR Issues (No Report)
2. Discussion on Employee Authority in Immigration Matters
F. Unfinished Business
1. Update on body on police body worn camera data temporary classification
application
G. Commissioner Comments / Administrative Presentations
H. Visitor Presentations
I. Adjournment
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July 6, 2015 Human Rights Commission Meeting Minutes 1
MINUTES CITY OF MAPLEWOOD
Human Rights Commission
7:00 PM, Monday, July 6, 2015 Council Chambers, City Hall
A. CALL TO ORDER
A meeting of the Commission was held in the City Hall Council Chambers and was called to order at 5:04 p.m. by Chairperson Deeny. B. ROLL CALL
Commissioners
Annastacia Belladonna-Carrera Commissioner Absent Jon Brandt Commissioner Present
Sarah Deeny Commissioner Present
Marie Garza Commissioner Present Sokunthea Soeun Commissioner Present
Amy Stedman Commissioner Present
Staff Liaison
Paul Schnell Police Chief Present C. APPROVAL OF AGENDA
The following items were removed from the agenda:
E1 Discussion on Integration Issues in the Schools and Recent Legislation/Proposals. Carrie Dixon, Maplewood Resident was not able to attend the meeting to give the presentation.
E2 Presentation on Human Rights Issues, this will be put on a future agenda.
The following items were added under to the agenda:
E5 Update on the St. Paul Foundation - Advancing Racial Equity Grant
E6 Discussion on INS
Commissioner Brandt moved to approve the agenda as amended.
Seconded by Commissioner Garza Ayes – All The motion passed.
D. APPROVAL OF MINUTES
1. Approval of the June 10, 2015 HRC Minutes
Commissioner Brandt moved to approve the June 10, 2015 HRC Minutes as submitted.
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July 6, 2015 Human Rights Commission Meeting Minutes 2
Seconded by Commissioner Garza Ayes – All
The motion passed.
E. NEW BUSINESS 1. Discussion on Integration Issues in the Schools and Recent Legislation/Proposals – Carrie Dixon, Maplewood Resident This item was removed from the agenda.
2. Presentation on Human Rights Issues
This item was removed from the agenda.
3. Current Events/Issues
Commissioner Brandt gave an update on the MN Federal Courts decision on the
Constitutionality of the Minnesota Sex Offender Program. Chairperson Deeny reported that gay marriage is now legal in all 50 states.
Commissioner Brandt further reported that is not that same sex marriage is now legal; it’s that marriage for everyone is now legal.
Chairperson Deeny reported that in the Department of Education and Economic Development there have been some legislative issues relating to people with disabilities, particularly related to those who are transition age in the schools that they be given the
opportunity for competitive work.
Chairperson Deeny reported that the Human Rights Commission has been invited to
take part in the “To Kill a Mockingbird Read-a-Thon from 9:00 am to 9:00 pm on Monday
July 13, 2015 at the Maplewood Mall location.
4. Discussion Resolution in Support of Application for the Temporary Classification of Body Worn Camera Data
Police Chief Schnell gave the report and answered questions of the commission. The commission would like to have the report presented to them at the next commission
meeting. 5. Update on the St. Paul Foundation - Advancing Racial Equity Grant
Police Chief Schnell gave the update. 6. Discussion on INS or Separation Policy Police Chief Schnell gave the report and answered questions of the commission. The
commission would like to have a report provided to them at the next HRC meeting.
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July 6, 2015 Human Rights Commission Meeting Minutes 3
F. UNFINISHED BUSINESS
None
G. COMMISSIONER COMMENTS / STAFF PRESENTATIONS
None H. VISITOR PRESENTATIONS 1. Molly Miller, Maplewood Environmental Natural Resource Commissioner
I. ADJOURNMENT
Chairperson Deeny moved to adjourn the meeting at 8:37 p.m.
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City Of Minneapolis, MN
CHAPTER 19. - EMPLOYEE AUTHORITY IN IMMIGRATION MATTERS
19.10. - Purpose and policy statement.
This chapter clarifies the communication and enforcement relationship between the city and the United States Department of Homeland Security and other federal agencies with respect to the
enforcement of civil immigration laws. The city works cooperatively with the Homeland
Security, as it does with all state and federal agencies, but the city does not operate its programs
for the purpose of enforcing federal immigration laws. The Homeland Security has the legal authority to enforce immigration laws in the United States, in Minnesota and in the city. This chapter ordinance shall be the only regulation within the city on this subject matter, and it shall
supersede all conflicting policies, ordinances, rules, procedures and practices. (2003-Or-092, § 1,
7-11-03)
19.20. - General city services.
(a) To the extent permitted by law, in determining eligibility for, and providing general city
services, city employees shall be governed by the following requirements:
(1) City employees are to carry out their regular duties for the purpose of administering general city
services and programs. Employees may complete I-9 forms, may question a person regarding the I-9 form and documents supporting the I-9 form, and may allow Homeland Security to audit
the I-9 forms as allowed by law. Employees shall comply with any properly issued subpoena for the production of documents or witnesses, even if related to immigration issues or issues of the
Homeland Security.
(2) City employees shall follow general city, state and federal guidelines to assess eligibility for
services. City employees shall only solicit immigration information or inquire about immigration status when specifically required to do so by law or program guidelines as a condition of
eligibility for the service sought. City employees may require evidence of a person's identity and may ask to see a person's personal identifying documents only when specifically authorized and
required to do so by the employee's work duties. City employees shall not discriminate against any current or potential service users on the basis of any of the protected categories listed in
the city's civil rights ordinance (139.40), or on the basis of immigration status.
(3) Other than complying with lawful subpoenas, city employees and representatives shall not use
city resources or personnel solely for the purpose of detecting or apprehending persons whose only violation of law is or may be being undocumented, being out of status, or illegally residing
in the United States (collectively "undocumented").
(4) Where presentation of a Minnesota driver's license is customarily accepted as adequate
evidence of identity, presentation of a photo identity document issued by the person's nation of origin, such as a driver's license, passport, or matricula consular (consulate-issued document)
shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Minnesota driver's license. This paragraph does not
apply to I-9 forms.
(b) General city services defined. General city services shall mean all city services excepting those
services specifically listed as public safety services in section 19.30.
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(c) City attorney's office - civil division employees may investigate and inquire about immigration status when relevant to potential or actual litigation or an administrative proceeding. (2003-Or-092, § 1, 7-
11-03)
19.30. - Public safety services.
(a) To the extent permitted by law, in providing public safety services, employees of the police
and fire departments, and the city attorney's office - criminal division, (collectively, public safety
officials), shall be governed by the following requirements:
(1) Public safety officials shall not undertake any law enforcement action for the purpose of
detecting the presence of undocumented persons, or to verify immigration status, including but not limited to questioning any person or persons about their immigration status.
(2) City attorney's office - criminal division employees shall be permitted to:
a. Inform persons of the possible immigration consequences of a guilty plea.
b. Question and conduct cross-examination of a witness or defendant regarding immigration status.
c. Inquire about immigration status for purposes of bail or conditional release.
d. Investigate and inquire about immigration status when relevant to the potential or actual
prosecution of the case or when immigration status is an element of the crime.
e. Take immigration status and collateral effects of possible deportation into consideration
during discussions held for the purpose of case resolution.
(3) Public safety officials shall not question, arrest or detain any person for violations of federal civil
immigration laws except when immigration status is an element of the crime or when enforcing 8 U.S.C. 1324(c).
(4) Nothing in this chapter shall prohibit public safety personnel from assisting federal law enforcement officers in the investigation of criminal activity involving individuals present in the
United States who may also be in violation of federal civil immigration laws.
(b) All such use of city public safety personnel under 19.30(a)(3) and (a)(4) shall be documented,
including any applicable Department of Homeland Security mission statement and operational guidelines, the reason for the dispatch of personnel, the name of the homeland security agent in
charge, and the name of the officer authorizing the use of city personnel. (2003-Or-092, § 1, 7-11-03)
19.40 - Complaints and discipline.
Complaints of a violation of this chapter shall be shall be subject to disciplinary action under the
appropriate union contract, civil service commission rules, or department work rules. It shall not
be a violation of this chapter to require the completion of I-9 forms or to inquire into or disclose the immigration status of the complainant or witnesses if necessary as part of the investigation of
a complaint of a violation of this chapter, or if deemed necessary by the appointing authority in
order to administer discipline for such violations. (2003-Or-092, § 1, 7-11-03)
19.50. - Subpoena.
Nothing in this chapter prohibits city employees from responding to a properly issued subpoena.
(2003-Or-092, § 1, 7-11-03)
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City of Saint Paul, MN
Chapter 44. - Employee Authority in Immigration Matters
Sec. 44.01. - Purpose and policy statement.
This chapter clarifies the communication and enforcement relationship between the city and the
United States Department of Homeland Security ("homeland security") and other federal agencies with respect to the enforcement of civil immigration laws. The city works cooperatively with homeland security,
as it does with all state and federal agencies, but the city does not operate its programs for the purpose of enforcing federal immigration laws. Homeland security has the legal authority to enforce immigration laws
in the United States, in Minnesota and in the city. It is the policy of the city to respect the role of homeland security by avoiding pro-active enforcement of civil immigration laws. This chapter is not intended to limit
the proper enforcement of generally applicable laws. It is the policy of the city that all residents are equally entitled to protection and that all residents should be able to access city services to which they
are entitled, without regard to their immigration status under federal law.
(C.F. No. 04-316, § 1, 5-5-04)
Sec. 44.02. - General city services.
(a) To the extent permitted by law, in determining eligibility for, and providing general city services, city
employees shall be governed by the following requirements:
(1) City employees are to carry out their regular duties for the purpose of administering general city
services and program. Employees may complete I-9 forms, may question a person regarding the I-9 form and documents supporting the I-9 form, and may allow homeland security to audit
the I-9 forms as allowed by law. With the exception of inquiries allowed by law or as necessary for law enforcement purposes, no St. Paul city officer or employee should inquire into the
immigration status of any person or request any documents or information verifying the immigration status of any individual. Employees shall comply with any properly issued
subpoena for the production of documents or witnesses, even if related to immigration issues or issues of homeland security.
(2) City employees shall follow general city, state and federal guidelines to assess eligibility for services. City employees shall only solicit immigration information or inquire about immigration
status when specifically required to do so by law or program guidelines as a condition of eligibility for the service sought. City employees may require evidence of a person's identity and
may ask to see a person's personal identifying documents only when specifically authorized and required to do so by the employee's work duties. Information about immigration status in the
possession of or known to city employees and representatives, however received, shall not be maintained or recorded except as otherwise specifically required by law. The confidentiality of
such information shall be maintained to the fullest extent permitted by the laws of the United States and the state, including the obligation to maintain the confidentiality of personal
information under the Minnesota Government Data Practices Act. City employees shall not discriminate against any current or potential service users on the basis of any of the protected
categories listed in the city's human rights ordinance, Legislative Code Chapter 183.02(5), or on the basis of immigration status.
(3) Other than complying with lawful subpoenas, city employees and representatives shall not use city resources or personnel solely for the purpose of detecting or apprehending persons whose
only violation of law is or may be being undocumented, being out of status, or illegally residing in the United States (collectively "undocumented").
(4) Where presentation of a state driver's license is customarily accepted as adequate evidence of identity, presentation of a photo identity document issued by the person's nation of origin, such
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as a driver's license, passport, or matricula consular (consulate-issued document), or of a photo identity document issued by any Minnesota county, shall not subject the person to an inquiry
into the person's immigration status. This paragraph does not apply to I-9 forms.
(b) General city services defined. General city services shall mean all city services excepting those
services specifically listed as public safety services in section 44.03
(c) Supervisors of general city services employees shall include information regarding the city's policy
and expectations as set forth in this chapter in the orientation of new employees and as part of their employees' on-going in-service training.
(d) City attorney's office. Civil division employees may investigate and inquire about immigration status when relevant to potential or actual litigation or an administrative proceeding.
(C.F. No. 04-316, § 1, 5-5-04)
Sec. 44.03. - Public safety services.
(a) To the extent permitted by law, in providing public safety services, employees of the police and fire departments, and the city attorney's office - criminal division, (collectively, public safety officials),
shall be governed by the following requirements:
(1) Public safety officials may not undertake any law enforcement action for the sole purpose of
detecting the presence of undocumented persons, or to verify immigration status, including but not limited to questioning any person or persons about their immigration status.
(2) City attorney's office - criminal division employees shall be permitted to:
a. Inform persons of the possible immigration consequences of a guilty plea.
b. Question and conduct cross-examination of a witness or defendant regarding immigration status.
c. Inquire about immigration status for purposes of bail or conditional release.
d. Investigate and inquire about immigration status when relevant to the potential or actual prosecution of the case or when immigration status is an element of the crime.
e. Take immigration status and collateral effects of possible deportation into consideration
during discussions held for the purpose of case resolution.
(3) Public safety officials may not question, arrest or detain any person for violations of federal civil
immigration laws except when immigration status is an element of the crime or when enforcing
8 U.S.C. 1324(c).
(4) Nothing in this chapter shall prohibit public safety personnel from assisting federal law enforcement officers in the investigation of criminal activity involving individuals present in the
United States who may also be in violation of federal civil immigration laws.
(5) Nothing in this chapter prohibits public safety personnel from adequately identifying criminal
suspects or assessing the risk of flight of criminal suspects.
(6) Where presentation of a state driver's license is customarily accepted as adequate evidence of identity, presentation of a photo identity document issued by the person's nation of origin, such as a driver's license, passport, or matricula consular (consulate-issued document), or of a photo
identity document issued by any Minnesota county, shall not subject the person to an inquiry into the person's immigration status.
(b) All such use of city public safety personnel under 44.03(a)(3) and (a)(4) shall be documented,
including any applicable homeland security mission statement and operational guidelines, the reason for the dispatch of personnel, the name of the homeland security agent in charge, and the name of the officer authorizing the use of city personnel.
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(c) Supervisors of public safety officials shall include information regarding the city's policy and expectations as set forth in this chapter, in the orientation of new employees and as part of their
employees' on-going in-service training.
(C.F. No. 04-316, § 1, 5-5-04)
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