Resolution 15225CITY OF ALAMEDA RESOLUTION NO. 15225
AFFIRMING THE CITY OF ALAMEDA'S COMMITMENT, AS A
SANCTUARY CITY, TO THE VALUES OF DIGNITY, INCLUSIVITY,
AND RESPECT FOR ALL INDIVIDUALS, REGARDLESS OF ETHNIC
OR NATIONAL ORIGIN, GENDER, RACE, RELIGIOUS AFFILIATION,
SEXUAL ORIENTATION, OR IMMIGRATION STATUS
WHEREAS the City of Alameda 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, speech, assembly,
privacy, and the equal protection of all the City's residents, regardless of religious
affiliation, race, national or ethnic origin, gender, sexual orientation, or immigration status;
and
WHEREAS each of the City of Alameda'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, the City of Alameda has long embraced and welcomed individuals of
diverse religious, racial, national or ethnic origin, gender, and sexual orientation
backgrounds, including a large immigrant population; and
WHEREAS, immigration has been the cornerstone of the City of Alameda, the
region, the state, and the nation's development throughout our history; and
WHEREAS, the City of Alameda welcomes, honors and respects the contribution
of all its residents, regardless of their religious affiliation, race, national or ethnic origin,
gender, sexual orientation, or immigration status; and
WHEREAS, the City of Alameda has a long history, spanning four decades, of
policies that promote inclusivity, respect, and dignity; and
WHEREAS, in the 1917 Charter, 100 years ago, the Board of Social Services was
first established to have charge of all matters pertaining to the care and relief of the needy;
and
WHEREAS, the current City Charter adopted in 1937 included the Board of Social
Services; and
WHEREAS, in 1977, following a vote by the people of Alameda, the City Council
voted unanimously to provide that the name of the Social Service Board be changed to
Social Service Human Relations Board with such powers and duties the City Council
specifies by ordinance, including the intent of the Board to create an environment which
will encourage and bring about mutual understanding, respect, and good will among
groups in the community; and
WHEREAS, in 2002 the City co- sponsored the No Room For Hate in Alameda
campaign, which pledged to challenge hate and prejudice in all its forms, whenever we
encounter it, whether at home, at school, at work, or in the community, and to stand with
others who are treated unfairly; and
WHEREAS, in 2009, the Alameda Police Department initiated Policy 428, which
currently states that all members make personal and professional commitments to equal
enforcement of the law and equal services to the public and that officers shall not detain
any individual, for any length of time, for a civil violation of federal immigration laws or a
related civil warrant; and
WHEREAS, in 2015 the City of Alameda co- sponsored the "Everyone Belongs
Here" campaign with the Alameda Unified School District to promote inclusion and equity
for all those who live in the City of Alameda; and
WHEREAS, in 2016 the City established the "Love Our Island" campaign to
recognize all the positive and inspiring things that are happening here in Alameda, and
this campaign has been embraced by the community and businesses across the island;
and
WHEREAS, the Alameda Unified School District has resolved to promote the
School District's vision of serving a diverse community of students in an inclusive, safe,
and secure environment, and its commitment to the success of all students regardless of
their national origin, ethnicity, religion, sexual orientation, ability, gender, or socio-
economic status; and
WHEREAS, in the State of California, the Truth Act was signed into law on
September 28, 2016 and provides "Know Your Rights" to every individual, ensures fair
notice to every individual, and shines a light and increases transparency around local
engagement with the Federal Immigration and Customs Enforcement Service; and
WHEREAS, the City of Alameda's diverse population of residents of different
religious affiliations, races, national or ethnic origin, gender, sexual orientation, or
immigration status contribute to the economic and social fabric of the City by establishing
and patronizing businesses, contributing to arts and culture, and achieving significant
educational accomplishments; 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 efficient
public services in partnership with our community which ensures public safety, a
prosperous economic environment, opportunities for our youth, and a high quality of life
for residents; and
WHEREAS, the City of Alameda seeks to continue to foster trust between City
officials and residents, to protect limited local resources, to encourage cooperation
between residents and City officials, including law enforcement officers and employees,
and to ensure public safety, and due process for all; and
WHEREAS, the conflation of federal civil immigration law enforcement and local
criminal law enforcement experienced in other communities has resulted in considerable
erosion of public safety by creating social distance between law enforcement officers and
the community; and
WHEREAS, the City of Alameda desires to address the fears and concerns of its
residents in relation to an individual's religious affiliation, race, national or ethnic origin,
gender, sexual orientation, or immigration status; while at the same time being mindful
that it must maintain positions on federal policy that do not affect the financial stability of
the City of Alameda in ways that are detrimental to the health and safety of its residents;
and
WHEREAS, the City of Alameda desires to demonstrate its commitment to its
residents by unequivocally stating that it will safeguard the values enshrined in our
Federal and State Constitutions by providing a safe community to all residents who are
fearful by assuring them that the City will not expend any funds, nor use its resources,
including staff, to administer federal immigration laws which are under the exclusive
jurisdiction of the federal government;
NOW THEREFORE, the City of Alameda City Council does hereby resolve as follows:
Section 1. In accordance with State and Federal law, City of Alameda officials,
including its law enforcement officers, shall not actively participate with federal agents
seeking to enforce federal immigration law and shall not use city monies, resources, or
personnel to investigate, question, detect, apprehend and /or register persons whose only
violation is or may be a civil violation of federal immigration law.
Section 2. In accordance with State and Federal law, City of Alameda officials,
including its law enforcement officers, will continue to cooperate with Federal immigration
agencies in matters involving criminal activity and the protection of public safety.
Section 3. City of Alameda officials, including its law enforcement officers, shall not
take any direct action against any individual based solely because of his or her
immigration status whether known or unknown nor held in custody solely for a civil
immigration hold unless the individual has been convicted or charged of certain offenses
or is a sex or arson registrant.
Section 4. City of Alameda officials will not use any public resources or honor any
federal program requiring the registration of individuals on the basis of religious affiliation,
race, national or ethnic origin, gender, sexual orientation.
Section 5: The City Manager shall report on a regular basis all requests or mandates
from the federal government for use of City resources to the City Council for advice and
direction or report the absence of such requests or mandates. 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.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on 17th day of January, 2017 by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, and Vella
—4.
NOES: None.
ABSENT: Mayor Spencer — 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 18th day of January, 2017.
Lara Weisiger, Cit CIe k
City of Alameda
APPROVED AS TO FORM:
Janet , C' Kern, City Attorney
City of Alameda