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NS-2908
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Last modified
1/24/2017 11:18:31 AM
Creation date
1/24/2017 11:11:53 AM
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City Clerk
Doc Type
Ordinance
Date
1/17/2017
Destruction Year
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jmf 1-10-17 <br />The prohibition set forth in this Section shall include but not be limited to: <br />(a) Identifying, investigating, arresting, detaining, or continuing to detain a <br />person solely on the belief that the person is not present legally in the United States or <br />that the person has committed a violation of immigration law; <br />(b) Assisting with or participating in any immigration enforcement operation or <br />joint operation or patrol that involves, in whole or in part, the enforcement of federal <br />immigration laws; <br />(c) Arresting, detaining, or continuing to detain a person based on any <br />immigration detainer or federal administrative warrant, when such immigration detainer <br />or administrative warrant is based solely on a violation of federal immigration law, or <br />otherwise honoring any such detainer, warrant, or request to detain, interview, or <br />transfer; <br />(d) Notifying federal authorities about the release or pending release of any <br />person for immigration purposes; <br />(e) Providing federal authorities with non-public information about any person <br />for immigration purposes; and <br />(f) Enforcing any federal program requiring the registration of individuals on <br />the basis of religious affiliation or ethnic or national origin. <br />Section 7. Implementation of Policies. Within a reasonable time following <br />adoption of this ordinance, the City shall implement policies to prevent biased -based <br />policing and directing its law enforcement personnel to exercise discretion to cite and <br />release individuals in lieu of detaining them at a local detention facility or county jail <br />based on the nature of the crime alleged to be committed. The City shall also provide <br />appropriate training and establish a commission, task force, or similar body composed <br />of community members to advise the City Council on these and all policies related to <br />this ordinance. <br />Section 8. Ordinance Not to Conflict with Federal Law. Nothing in this <br />ordinance shall be construed or implemented to conflict with any valid and enforceable <br />duty and obligation imposed by a court order or any federal or applicable law. <br />Section 9. No Private Right of Action. This ordinance does not create or <br />form the basis of liability on the part of the City, its agencies, departments, officers, <br />employees, or agents. It is not intended to create any new rights for breach of which <br />the City is liable for money or any other damages to any person who claims that such <br />breach proximately caused injury. The exclusive remedy for violation of this ordinance <br />shall be through the City's disciplinary procedures for employees under applicable City <br />regulations, unless the agency, department, officer, employee, or agent of the City is <br />lawfully discharging his or her duties as set forth in Section 6. <br />Ordinance No. NS -2908 <br />Page 3 of 5 <br />
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