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Home My WebLink About2015 11-02 HRC PacketAGENDA CITY OF MAPLEWOOD Human Rights Commission 7:00 P.M Monday, November 02, 2015 City Hall, Council Chambers A. Call to Order B. Roll Call C. Approval of Agenda D. Approval of Minutes 1. Approval of October 05, 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 F. Unfinished Business 1. Discussion of St. Paul Foundation grant project scope with Wilder Research 2. Discussion of police department immigration policy and implications. G. Commissioner Comments / Administrative Presentations H. Visitor Presentations I. Adjournment THIS PAGE IS INTENTIONALLY LEFT BLANK D1 October 05, 2015 Human Rights Commission Meeting Minutes MINUTES CITY OF MAPLEWOOD Human Rights Commission 7:00 PM, Monday, October 05, 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 7:06 PM by Chairperson Danielson. B. ROLL CALL Commissioners Sarah Deeny Chairperson Jon Brandt Commissioner Elizabeth “Marie” Garza Commissioner Sokunthea Soeun Commissioner Amy Stedman Commissioner Staff Liaison Paul Schnell Police Chief/Staff Liaison C. APPROVAL OF AGENDA Commissioner Soeun moved to approve the agenda as submitted. Seconded by Garza. Ayes - All The motion passed. D. APPROVAL OF MINUTES 1. Approval of the August 3, 2015 HRC Minutes Correction item F1 wording: “Update on body on police body worn….” Commissioner Garza moved to approve the August 3, 2015 HRC Minutes as amended. Seconded by Soeun. Ayes – All The motion passed. HRC Packet Page 1 of 4 D1 October 05, 2015 Human Rights Commission Meeting Minutes E. NEW BUSINESS 1. Human Rights in the News – Review/Update on Upcoming Forums/Reports on Forums or Meetings Attended or Other Related HR Issues (This item is on the agenda to give the Commissioners an opportunity to announce upcoming meetings or give a report on meetings or forums that they have attended) Chairperson Deeny announced upcoming event on October 13, 2015, the League of Women Voters event on Domestic Violence held at Grumpy’s in Roseville at 6:30 p.m. Chairperson Deeny announced it is the 25th Anniversary of the American Disabilities Act, and it is the National Disabilities Employment Awareness Month in October. Chairperson Deeny announced an event on October 28, 2015 held by Business Leadership Network of MN devoted to the ADA moving Minnesota forward. Chairperson Deeny announced The Voting Rights Act youth video competition put on by the MN Department of Human Rights. Chairperson Deeny reminded that Election Day is November 3, 2015. Commissioner Soeun announced Bridges to Safety, a domestic abuse service center, having a 2015 Winter Clothing Drive in October. 2. Discuss St. Paul Foundation Grant Police Chief Schnell gave the report. F. UNFINISHED BUSINESS 1. Update on Employee Authority in Immigration Matters Police Chief Schnell provided the update. G. COMMISSIONER COMMENTS / STAFF PRESENTATIONS Police Chief Schnell provided update on the application for temporary classification of body-worn data, and the Commissioner did not rule in favor. H. VISITOR PRESENTATIONS NONE I. ADJOURNMENT Chairperson Deeny adjourned the meeting at 8:04 PM. HRC Packet Page 2 of 4 F2 Page 1 Draft Policy of the Maplewood Police Department Authority in immigration matters Purpose and policy statement. This policy clarifies the communication and enforcement relationship between Maplewood police officers and the United States Department of Homeland Security ("homeland security") and other federal agencies with respect to the enforcement of civil immigration laws. While the department works cooperatively with homeland security, as it does with all state and federal agencies, 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 within the city of Maplewood. It is the policy of this police department 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 Maplewood Police Department that all residents are equally entitled to protection and that all residents should be able to access police services to which they are entitled, without regard to their immigration status under federal law. Police service delivery. (a) To the extent permitted by law, in providing police services, Maplewood Police Department employees shall be governed by the following requirements: (1) Police officers 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) Police personnel 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). (3) Nothing in this chapter shall prohibit department 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. (4) Nothing in this chapter prohibits police personnel from adequately identifying criminal suspects or assessing the risk of flight of criminal suspects. (5) 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- HRC Packet Page 3 of 4 F2 Page 2 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) Any such use of police personnel to assist Department of Homeland Security in an immigration focused investigation or operation shall be documented in a police report, 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 supervisor authorizing the use of police personnel. As soon as practicable, the authorizing supervisor shall notify command staff, including the police chief, of the investigation/operation. (c) Police administrators and training personnel shall include information regarding the department's policy and expectations, in the orientation of new police employees and periodically thereafter as part of on-going in-service training. (d) Nothing in this policy shall limit the City’s prosecutors ability 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. Complaints and discipline. (a) A police department employee who violates this policy may be subject to disciplinary action, such as oral reprimands, written reprimands, suspension without pay, and discharge, under the appropriate union contract, civil service commission rules, or department work rules. (b) Complaints of a violation by an employee of the city police department shall be received by any ranking member of the department and investigated by a duly qualified internal or external investigator as assigned the chief of police. The results of any such investigation shall be provided to the complainant in writing within ninety (90) days of receipt of the complaint. Complainants and witnesses shall not be asked to provide their immigration status at any point during the complaint process, and no investigation of the immigration status of the complainant and witnesses shall be made by any city personnel in the investigation of such a complaint or thereafter. (c) It shall not be a violation of this policy to require the completion of I-9 forms. HRC Packet Page 4 of 4