DRAFT RESOLUTION OF THE CITY OF LIVINGSTON AFFIRMING THE CITY OF LIVINGSTON’S COMMITMENT TO THE VALUES OF DIGNITY, INCLUSIVITY, AND RESPECT FOR ALL INDIVIDUALS, REGARDLESS OF ETHNIC OR NATIONAL ORIGIN, RACE OR IMMIGRATION STATUS AND DECLARING THE CITY OF LIVINGSTON A SANCTUARY CITY

Livingston CA – 04/29/2017

Note From TheGardeningSnail. This is a Draft. The Council is expected to take up a discussion of this Draft, with a the intent of voting on this or a similar resolution, at the Second Council Meeting of May. Since this will be a Resolution, and not an Ordinance, the City does not have to notify the public 30 days in advance.

RESOLUTION OF THE CITY OF LIVINGSTON AFFIRMING THE CITY OF LIVINGSTON’S COMMITMENT TO THE VALUES OF DIGNITY, INCLUSIVITY,

AND RESPECT FOR ALL INDIVIDUALS, REGARDLESS OF ETHNIC OR NATIONAL ORIGIN, RACE OR IMMIGRATION STATUS AND DECLARING THE

CITY OF LIVINGSTON A SANCTUARY CITY

WHEREAS, the City of Livingston recognizes that the Constitution of the United States and Constitution of the State of California enshrine the fundamental and inalienable rights of Americans, including the freedoms of religion, freedom of speech, right to assembly, right to privacy and equal protection under the law for the persons, regardless of religious affiliation, race, national or ethnic origin, gender, gender identity, sexual orientation, or immigration status; and

WHEREAS, each of the City of Livingston’s duly elected or appointed public servants have sworn to defend and uphold the United States Constitution and the Constitution of the State of California; and

WHEREAS, immigration has been a cornerstone of the City, the region, the state, and the nation’s development throughout history; and

WHEREAS, the City of Livingston welcomes, honors, and respects the contributions of all residents regardless of their religious affiliation, race, national or ethnic origin, gender, gender identity, sexual orientation, or immigration status; and

WHEREAS, in the State of California, the Trust Act went into effect January, 2014; requiring the local law enforcement agencies to release people who have been arrested once their bond is posted or their sentence is up, so long as they have no serious convictions and even if U.S. Immigration and Customs Enforcement (ICE) officials have issued a detainer; and

WHEREAS, the TRUTH Act was signed into law on September 28, 2016, which states that if ICE notifies a California jail that it plans to deport someone, it has to serve a copy upon that person in jail, thereby providing the person the “right to know” so they can seek counsel; and

WHEREAS, the Livingston Police Department equally enforces the laws and serves the public without consideration of immigration status, and an individual person’s lack of immigration documentation, alone, has no bearing on the manner in which police officers execute their duties; and

WHEREAS, the City of Livingston recognizes the historical and current diversity of its residents and embraces this diversity as an asset. This diversity encompasses race, ethnicity, culture, national background, religion, and does not delineate based on 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 effective public services in partnership with the community, thereby advancing public safety and a high quality of life for residents; and

WHEREAS, the City of Livingston moves to promote a community of opportunities, tolerance, and inclusiveness; requiring social justice for all residents; and

WHEREAS, the City of Livingston desires to demonstrate its commitment to its residents by unequivocally declaring that it will safeguard the values enshrined in the U.S. and State Constitutions by providing a safe community and by assuring them that the City will not expend any funds nor use its limited resources to administer federal immigration laws that are under the exclusive domain of the federal government.

NOW THEREFORE BE IT RESOLVED by the City Council of Livingston as follows:

1. In accordance with State and Federal law, City of Livingston officials, including its law enforcement officers, shall not actively collaborate with federal agents solely for the purpose of enforcing Federal immigration law and shall not use City resources or personnel to investigate, question, detain, apprehend and/or register persons based solely on a civil violation of federal immigration law.

2. City of Livingston officials, including its law enforcement officers, shall not take any direct action against any individual based solely on their actual or perceived immigration status, nor shall any individual be held in local custody solely for a civil immigration hold unless the individual has been convicted or charged with certain serious offenses, or is a sex or arson registrants.

2. The City will not enter into a 287(g) memorandum of agreement with Department of Homeland Security to partner with U.S. Immigration and Customs Enforcement (ICE) in order to receive delegated authority for immigration enforcement within the City’s jurisdiction.

3. In accordance with State and Federal law, City of Livingston officials, including its law enforcement officers, may cooperate with federal immigration agencies in matters that involve criminal activity, and the protection of public safety. For the purposes of this resolution only, “criminal activity” means a violation of criminal law and not an actual or suspected civil violation of Federal immigration law.

4. City staff shall monitor any efforts by the Federal government to withhold or withdraw Federal funding as a result of the City’s policies to protect and defend its diverse community and shall take all actions necessary to protect such funding.

5. The City of Livingston hereby declares that it is a Sanctuary City.

Passed and adopted this 7th day of February, 2017, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.

___________________________

Jim Soria, Mayor

of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 7th day of February, 2017.

___________________________

Antonio Silva, City Clerk

of the City of Livingston

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