2017/09/26 City Council Resolution 2017-118RESOLUTION NO. 2017-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
IN SUPPORT OF THE PROTECTION OF THE HUMAN, CONSTITUTIONAL
AND OTHER RIGHTS OF COMMUNITY MEMBERS
OF THE CITY OF ROHNERT PARK
WHEREAS, on September 12, 2017 several residents of Rohnert Park requested that the
City Council consider adopting a resolution in support of the "It Won't Happen Here"
declaration; and
WHEREAS, the declaration states that the safeguarding equal and inalienable rights and
inherent dignity of all people is foundational to the relationship between a government and the
the people, and that rights and dignity of all people are under threat; and
WHEREAS, the declaration calls upon all Sonoma County government authorities and
law enforcement agencies to pledge in writing to protect all community members and to publicly
proclaim that they will not cooperate with the federal government to institute detentions,
deportations, registries, conversion therapies, imprisonment, or any other acts that target or
discriminate based on immigration status, race, ethnicity, religion, country of origin, ability,
political affiliation, economic status, age, gender identity or sexual orientation;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park:
The City of Rohnert Park will refuse to cooperate with any demands from the
federal government to institute detentions, deportations, registries, conversion
therapies, imprisonment or any other acts that target or discriminate against
Rohnert Park community members or others based on immigration status,
race, ethnicity, religion, national origin, disability, political affiliation,
economic status, age, gender identity or sexual orientation, or other
characteristics protected by California and federal anti -discrimination statutes
and the United States and California Constitutions.
2. City of Rohnert Park law enforcement officers will not detain an individual on
the basis of a United States Immigration and Customs Enforcement hold after
that individual becomes eligible for release from custody, unless, at the time
the individual becomes eligible for release from custody, certain conditions
are met, including that the individual has been convicted of specified crimes
delineated in the California Trust Act, a copy of which is incorporated for
reference as Exhibit A to this Resolution.
3. The City of Rohnert Park stands in support of individuals, organizations, and
governing authorities and agencies who are taking action to ensure all
community members in the City and all visitors are safe here, and that their
human, constitutional and other rights and freedoms are respected.
4. The City of Rohnert Park re -affirms publicly its commitment to preserve and
protect the human, constitutional and other rights of all community members,
and our willingness to adopt policies as necessary that challenge any requests
which would compromise those rights.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 26th day of September, 2017.
ATTEST:
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
CITY OF ROHNERT PARK
JjMaqkc�nizie, Mayor
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2017-118
Assembly Bill No. 4
CHAPTER 570
Exhibit A to Resolution
An act to add Chapter 17.1 (commencing with Section 7282) to Division
7 of Title 1 of the Government Code, relating to state government.
[Approved by Govemor October 5, 2013. Filed with
Secretary of State October 5, 2013.]
LEGISLATIVE COUNSEL'S DIGEST
AB 4, Ammiano. State government: federal immigration policy
enforcement.
Existing federal law authorizes any authorized immigration officer to
issue an immigration detainer that serves to advise another law enforcement
agency that the federal department seeks custody of an alien presently in
the custody of that agency, for the purpose of arresting and removing the
alien. Existing federal law provides that the detainer is a request that the
agency advise the department, prior to release of the alien, in order for the
department to arrange to assume custody in situations when gaining
immediate physical custody is either impracticable or impossible.
This bill would prohibit a law enforcement official, as defined, from
detaining an individual on the basis of a United States Immigration and
Customs Enforcement hold after that individual becomes eligible for release
from custody, unless, at the time that the individual becomes eligible for
release from custody, certain conditions are met, including, among other
things, that the individual has been convicted of specified crimes.
The people of the State of California do enact as follows:
SECTION I. The Legislature: finds and declares all of ihc. following:
(a) The Llllited States lrnrnigraiion and C'nsionls Eal'rrcement's
Secure Communities progranl shift:, the burden of Icdcral cavil immigrarinn
enforcement onto local law cnforcement. b 011C111W the Secure Communities
program, ICE relies on voluntary requests, known as ICE holds or detaincts,
to local law cuforcvmentto hold individuals in local jails for additional tinge
beyond when they would be eligible for release in a criminal matter.
(b) State and local law enforcement agencies are not reimbursed by the
federal government for [lie full cost of"responding to a detainer, which call
include, but is not limited to, extended detention tinge and the administrative
costs of tracking and responding to detainers.
(c) Unlike criminal detainers, which are supported by a warrant and
require probable cause, tllere is LIQ requirenrt.111 far a warrant and no
established standard of proof, such as reasonable suspicion or probable
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Ch. 570 —2—
cause,
2—
cause, for issuing an ICE detainer request. Ir nhigration detainers have
erroneously been placed on United States citizens, as well as immigrants
who arc not deportable.
(d) The Secure Communities program and immigration detainers harin
community policing eil017ts because immigrant residents who arc victims
of or witnesses to chime, including domestic violence, are less likely to
report crime or coolxcrate with law enforcement when any contact with law
enforcement could result in depoa•tation. The progt•am can result in a person
being held and transferred into immigration detention w=ithout regard to
whether the arrest is the result of a mistake, or merely a routinc practice of
questioning individuals involved in a dispute without pressing charges.
Victims or witnesses to crimes may otherwise have recourse to lawful status
(such as U -visas or T -visas) that detention resulting from the Secure
Communities program obstructs,
(e) It is the intent of the Legislature that this act shall not be construed
as providing, expanding, or ratifying the legal authority for any state or local
law enforcement agency to detain an individual on an immigration hold,
SEC. 2. Chapter 17.1 (commencing with Section 7282) is added to
Division 7 of Title 1 of the Government Code, to read:
CHAPTER 17.1. STANDARDS FOR RESPONDING TO UNITED STATES
IMMIGRATION AND CUSTOMS ENFORCEMENT HOLDS
7282. For purposes of this chapter, the following teens have the
following meanings:
(a) "Conviction" shall have the same meaning as subdivision (d) of
Section 667 of the Penal Code.
(b) "Eligible for release from custody" means that the individual may be
released from custody because one of the following conditions has occurred:
(1) All criminal charges against the individual have been dropped or
dismissed.
(2) The individual has been acquitted of all criminal charges filed against
him or her.
(3) The individual has served all the time required for his or her sentence.
(4) The individual has posted a band.
(5) The individual is otherwise eligible for release under state or local
law, or Local policy.
(c) "llnntigration hold" metros an immigration detainer issued by an
authorized immigration officer, pursuant to Section 287.7 ot'Title 8 of the
Code of Federal Regulations, that requests that the law enforcement official
to maintain custody of the individual for a period not to exceed 48 hours,
excluding Saturdays, Sundays, and holidays, and to advise the authorized
immigration officer prior to the release of that individual.
(d) "Law enforcement official" means any local agency or officer of a
local agency authorized to enforce criminal statutes, regulations, or local
ordin"ces or to operate jails or to maintain custody of individuals in jails,
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-3- C h. 570
and any person or local agency authorized to operate juvenile detention
fcicilitics or to maintain custody -of individuals in juvenile detention facilities.
(e) "Local agency" means any city, county, city and county, special
di tric.t. or other political subdivision of the state,
(1) "Serious, Felo,tiv" means cmy of the offenses listed in subdivision (c)
of Section 1 192,7 ofthe Penal Code and any offense committed in another
state which, if committed in California, would be punishable as a serious
felony as defined by subdivision (c) of Section 1192.7 of the Penal Code.
(g) "Violent felony" means any of the offenses listed in subdivision (c)
ol' Seclion 667.5 of the Penal Code and any offense committed in another
state which, if committed in California, would be punishable as a violent
felony as defined by subdivision (c) of Section 167.5 of the Penal Code.
7282.5. (a) A law enforcemcnt official shall have. discretion to cooperate
with fecleral immigration officials by detaining an individual on the basis
of an immigration hold alter that individual becomes eligible for release
from custody only if the continued detention of the individual on the basis
of the inrr}iigi•ation bold would not violate any federal, state, or local law,
or any local policy, and only under any of the following circumstances,
(1) The individual has been convicted of a serious or violent felony
identified in subdivision (c) of Section 1192.7 of, or snbdivision (c) of
Section 667.5 of, the Penal Code.
(2) The individual has been convicted of a felony punishable by
imprisonment in the State prison.
(3) The individual has been convicted within the past five years of a
tnisderneanor fora crime that is punishable as either a misdemeanor or a
felony for, or has been convicted at any time of a felony for, any of the
following offenses -
(A) Assault, as specified in, but not limited to, Sections 217.1, 220, 240,
241,1, 241.4, 241, 7, 244, 244.5, 245, 245.2, 245.3, 245.5, 4500, and 4501
of the Penal Code.
(B) Battery, as specified in, but not limited to, Sections 242, 243.1, 243,3,
243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and 4501.5 of the Penal
Code.
(C) Use of threats, its specified in, brit not limited to, Sections 71, 76,
13(), 140, 422, 601,,in d 11418.5 'of the Penal Code.
(1)) Sehu,d ,ihn,c, ,exual cxploitaiion, or crimes undongering children,
as specified ill. but riot litriiled to. Sections 266, 266a, 266b, 266c, 266d,
26(pf. 266g, 2661,, 2661. 2(d}j, 267, 269, 288, 285.5, 31 1.1, 31 t.3, 31 1.4,
31. 1.10, 31.1.1 1, and 647.6 of the Penal Code.
(EI) Child abuse or endangerment, as specified in, but not limited to,
Sections 270, 271, 27fa, 273a, 273ab, 273d, 273.4, and 278 of the Penal
Code.
(F) Burglary, robbery, theft, fraud, forgery, or embezzlement, as specified
in, but not limited to, Sections 211, 245, 459, 463, 470, 476, 487, 496, 503,
518, 530.5, 532, and 550 of the Penal Code.
(G) Driving under the influence of alcohol or drugs, but only for a
conviction that is a felony.
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Ch. 570 —4—
(H)
4—
(H) Obstruction of justice. as specified its, but not limited to, Sections
69, 95 115.1. 136. 11 rind 148.111 of 1:11e Pe11r11 Code.
(1) Bribery, as specified in, but not limited to, Sections 67, 67.5, tyi8, 74,
85, 86 92, 93 137, 138, and 165 ofthe Penal Code.
(,i) Fscape, as specified in, but not limited to, Sections 107, 109, 110,
45301, 4530.5, 4532, 4533, 4534. 4535, and 4536 of the Penal Code..
(K) Unlawful possession or use of a weapon, firearm, explosive device,
or weapon of mass destruction; as specified in, but not Limited to, Sections
171b, 171c, 171d, 246. 2 16,3, 247, 417, 417.3, 417.6, 417.8, 4574, 1 1418,
11418-1. 12021.5, 12(C]. 12022.2, 124122.3, 12022.4, 12022.5, 12022,53,
12022.55, 18745, 18750. ind 18755 of, and subdivisions (c) and (,d) of
Section 26100 of the Penal Code.
(L) Possession oran unlawful deadly weapon, under the Deadly Weapons
Recodification Act of 2010 (Part 6 (commencing with Section 16000) of
the Penal Code).
(M) An offense involving the felony possession, sale, distribution,
manufacture, or trafficking of controlled substances.
(N) 'Vandalism with prior convictions, as specified in, but not limited to,
Section 594.7 of the Penal Code.
(U} Gang -related offenses, as specified in, but not limned to, Sections
186.22, 1.86.26, and 186..28 of the Penal Code..
(P) An attempt, as defined in Section 664 of, ora conspiracy, as defined
in Section 182 of; the Penal Code, to commit an offense specified in this
section.
(Q) A crime resulting in death, or involving the personal infliction of
great bodily injury, as specified in, but, not limited to, subdivision (d) of
Section 245.6 of, and Sections 187, 191.5, 192, 192.5, 12022.7. 12022.8,
and 12022.9 of, the Penal Code.
(R) Possession or use of a firearm in the commission of an offense.
(S) An ofTensc that would require the individual to register as a sex
offender pursuant to Section 290, 290.002, or 290.006 of the Penal Code.
(`T') False: imprisonment, slavery, and human trafficking, its specified in,
but not limited to, Sections 191, 210.5, 236, 236}.l, and 4503 of the Penal
Code.
(U) Criminal ps°ofiteering and motley laundering, as specified in, but not
limited to, Sections 186.2, 186,9, and 1 Sfi.10 of [lie Penal Code.
(U } Torture and mayhem, as specified in, but not limited to, Section 203
of the Penal Code.
(W) A crime threatening the public sail'ty, as specified in, but not limited
to, Sections 219, 219.1, 21 1).2, 247.5,1114, 404.6, 405a,451, and 11413 of
the Penal. Code.
(X) Elder and dependent adult abuse, as specified in, but not limited to,
Section 368 of the Penal Code.
(Y) A hate crime, as specified in, but not limited to, Section 422.55 of
the Penal Code.
(Z) Stalking, as specified in, but not limited to, Section 646.9 of the Penal
Code.
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-5— Ch. 570
(AA) Soliciting the commission of a crime, as specified in, but not limited
to, subdivision (c) of Section 286 of, and Sections 653j ;rod 653.23 of, the
Penal Code.
(AB) An offense committed while on bail or released on his or her own
recognizance, as specified in, but not limited to, Section 12022.1 of the
Penal Code.
(AC) Rape, sodomy, oral copulation, or sexual penetration, as specified
in, but not limited to, paragraphs (2) and (6) of subdivision (.0 of :Section
261 of, paragraphs (1) and (4) of subdivision (n) ofSection 262 or, Section
2(}4.1 of, subdivisions. (c) and (d) of Section 286 of, subdNisions (c) and
(d) of Section 288a of, and subdivisions (a) and 0) of Section 289 of, the
Penal Code.
(AD) Kidnapping, as specified in, but not limited to, Sections 207, 209,
and 209.5 of the Penal Code.
(AE) A violation of subdivision (c) of Section 20001 of the Vehicle Cndr.
(4) The individual is a current registrant on the California Sc.x wid Arson
Registry;
(5) The individual is arrested and taken before a magistrate on a charge
involving a serious or violent felony, as identified in subdivision (c) of
Section 1192.7 or subdivision (c.) of Section 667.5 of the Penal Code, a
felony punishable by imprisonment in st-ate prison, or any felony listed iii
paragraph (2) or (3) other than domestic violence, and the noagisirate makes
a finding, of probable cause as to that charge pursuant to Section 872 of the;
Penal Code.
(6) The individual has been convicted of a federal crime that nteets the:
definition of an aggravated fclon.y as set forth in subparagraphs (A) to (P),
inclusive, of paragraph (43) oI'suhsection (a) of Section 101 of the federal
Immigration and Nationality Act (8 U.S.C. Sec. 1 101), or is identified by
the United States Department of Homeland Security's Immigration and
Customs Enforcement as the subject of an outstanding federal felony arrest
warrant.
(b) If none of the conditions listed in subdivision (a) is satisfied, an
individual shall not be detained on the basis of an immigration hold after
the individual becomes eligible for release from custody.
SEC. 3. The provisions of this act are severable. if any provision of this
act or its application is held. invalid, that inv;llidity shall nrot affect other
provisions or applications that can be given effect without the invalid
provision or application.
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