FOREST ~ GROVE OREGON A place where f a milies and businesses thrive.

NOTICE OF PUBLIC HEARING FOR THE CITY OF FOREST GROVE

NOTICE IS HEREBY GIVEN that the Forest Grove City Council will holding a Public Hearing Monday, January 9, 2017, at 7:00 p.m. or thereafter, in the Community Auditorium, 1915 Main Street, Forest Grove, to consider whether to enact a resolution affirming the City of Forest Grove's commitment to a safe, open and friendly community for all people regardless of immigration status. The purpose of the hearing is to broaden discussions and take public input, preliminary to any Council action.

This hearing is open to the public and interested parties are encouraged to attend. Written comments or testimony may be submitted at the hearing, e-mailed to aruggles@forestgrove­ or.gov, or sent to the attention of the City Recorder's Office, P.O. Box 326, 1924 Council Street, Forest Grove, OR 97116, prior to the hearing. For further information, please contact Anna Ruggles, City Recorder, at 503.992.3235, or via e-mail [email protected].

AVISO DE AUDIENCIA PUBLICA PARA LA CIUDAD DE FOREST GROVE

POR MEDIO DE LA PRESENTE SE INFORMA que el Concejo Municipal de Forest Grove llevan~ a cabo una audiencia publica el dia lunes 9 de enero de 2017, a las 7:00p.m. ode aqui en adelante, en el Auditorio Comunitario del 1915 Main Street, en Forest Grove, para considerar Ia promulgaci6n de una resoluci6n que afirme el compromise de Ia Ciudad de Forest Grove de ser una comunidad segura, abierta e inclusiva para todas las personas, independientemente de su situaci6n migratoria. El prop6sito de Ia audiencia es ampliar el debate y escuchar los comentarios del publico antes de que el Concejo tome cualquier acci6n.

Esta audiencia esta abierta al publico y se anima a las partes interesadas a asistir. Los comentarios o testimonies por escrito pueden ser presentados en Ia audiencia, enviados por correo electr6nico a [email protected], o enviados a Ia atenci6n de Ia Oficina del Registro de Ia Ciudad (City Recorder's Office) , P.O. Box 326, 1924 Council Street, Forest Grove, OR 97116, antes de Ia audiencia. Para mas informacion, comuniquese con Anna Ruggles, encargada del Registro de Ia Ciudad, al 503.992.3235, o pore-mail [email protected].

### Anna D. Ruggles, CMC, City Recorder City of Forest Grove

CITY OF FOREST GROVE P. 0 . BOX 326 FOREST GROVE, OR 97116 503·992·3200 www.forestgrove-or.gov WRITTEN TESTIMONY RECEIVED CITY COUNCIL MEETING OF JANUARY 9, 2017

ITEM 6. PUBLIC HEARING TO CONSIDER WHETHER TO ENACT A RESOLUTION AFFIRMING THE CITY OF FOREST GROVE'S COMMITMENT TO A SAFE, OPEN, AND INCLUSIVE COMMUNITY FOR ALL PEOPLE

1. Michael Ross, e-mail dated December 22, 2016

2. Kathlene Postma, e-mail dated January 1, 2017

3. Sara DeFilipps, e-mail dated January 4, 2017

4. Charlotte, Lumae, e-mail dated January 4, 2017 Anna Ruggles

From: Michael Ross ~ . ~m> Sent: Thursday, December 2~ To: Anna Ruggles Subject: Sanctuary Forest Grove City Council

As a Forest Grove taxpayer, 49320 NW Ruby Lane, Forest Grove, 97116, I oppose any action of the City Council that would violate federal law, or fail to enforce federal laws. Article I. Section 8, clause 4 of the Constitution entrusts the federal legislative branch with the power to "establish an uniform Rule of Naturalization." This clear textual command for uniformity establishes that the federal government. specifically Congress, is responsible for crafting the laws that determine how and when noncitizens can become naturalized citizens of the United States. Federal immigration law has been around since 1790, only one year after the Constitution. Common sense dictates, as well. that only the federal government can sensibly make laws governing who can enter the country, since one state does not have jurisdiction over another. The City Council has no legal or constitutional authority in this area, and should enforce existing federal law. The City Council and its constituents should pursue legislative and suffrage means to change the law if they disagree with it. Otherwise, keep out of it.

Blessings, Mike Ross

1 Anna Ruggles

From: Kathlene Postma < > Sent: Sunday, January 01 , 2017 11 : To: Anna Ruggles Subject: Forest Grove a sanctuary city

Dear Council Members,

I support the city council making a resolution affirming the inclusiveness of our community and our unwillingness to participate in actions against local people because of their immigration status.

Even though to outsiders we may seem to be simply a suburb of Portland, the reality is we are a vibrant and diverse community. Our neighborhoods are made up of a mix of people of different faiths and politics. Our public schools are very diverse, with half of the student population people of color. We have an immense amount of goodwill in our town. It is something to protect and fo ster. The prospect of children being separated from their parents because they don't yet have all the necessary paperwork or some of our neighbors removed from our community for the same reason is disturbing and frightening. We cannot have people turning on each other or families being afraid. We cannot let national politics tum our town into an ugly place, one where people tum a blind eye to the cruel treatment of our neighbors. We should instead be supporting each other and continuing to work together on keeping and always improving our peaceful community.

Thank you for your hard work on behalf of our town.

Best Wishes, Kathlene Postma - C Street

1 Anna Ruggles

From: Sara Defilipps ~ Sent: Wednesday, January 04, 2017 10:34 AM To: Anna Ruggles Subject: Immigration hearing

To whom it may concern,

I'm writing to express my concern and opinion on the upcoming hearing about Forest Grove's immigrant policy because I'm unable to attend the hearing. I feel very strongly that we need to stay a safe place for a ll people and not encourage the hate and discrimination towards people seeking refuge and a better life. These ore families in our community and I don't see them as criminals. I feel it's not the city's job to enforce this particular federal law because we ore a small community that thrives on inclusion, not discrimination. Please keep Forest Grove a safe hoven for all human beings and don't spend money on tearing our community aport.

I appreciate your consideration.

Thank you, Sora DeFilipps

Sent from my iPhone Anna Ruggles

From: Charlotte Lumae > Sent: VVednesday, Janua~ To: Anna Ruggles Subject: Question about amount of federal funding of Forest Grove; seeking answer within the week to prepare for public hearing.

Dear Anna Ruggles,

I am a member of our local Forest Grove SURJ chapter and the Social Equity Committee of the Sustainability Commission, and this week I am helping residents prepare for the upcoming public hearing to consider a resolution to commit to a safe and inclusive community regardless of immigration status. http://wvvw.forestgrove-or.gov/news/latest-news/city-council-will-consider-commitment-to-a-safe-and-inclusive­ community. html

I would like to request information about the city budget, specifically, how much federal funding could be at risk if Forest Grove were a Sanctuary City, and it somehow came to pass that Trump somehow pulled all federal funding from all sanctuary cities. Numbers for the city as a whole and law enforcement in particular would be much appreciated. For example, here is the risk for the sanctuary city of Portland, Oregon as reported by Mother Jones magazine: Up to 1.3 percent of its total budget and up to 2 percent of its police budget is at risk.

If it would take more than a couple of days to make an exact answer, even a rough estimate would be very helpful, as we hope to share the information ASAP, before this weekend, so folks can prepare to have an informed discussion.

Thank you for considering this question, and thank you for all you do for our city.

Sincerely, Charlotte Lumae

Charlotte Lumae, M.Ed. Academic Tutor .. 22nd Avenue (at A Street) Forest Grove, Oregon 9711 6

1 CITY RECORDER USE ONL Y: AGENDA ITEM #:

FOREST ~ MEETING DATE: {.p ' GROVE OREGON FINALACTION: ______A place where families and businesses thrive.

TO: Mayor and City Council

FROM: Jesse VanderZanden, City Manager Paul Elsner, City Attorney

MEETING DATE: January 9, 2017

SUBJECT TITLE: Public Hearing to consider whether to enact a resolution affirming the City of Forest Grove's commitment to a safe, open, and inclusive community for all people.

BACKGROUND: At the December 1ih , 2016 meeting , Mayor Truax introduced a letter favoring a public hearing in January regarding a "sanctuary city" designation for Forest Grove. The consensus of the Council was to hold a public hearing and solicit input prior to making a decision. The Mayor's letter followed testimony from two 1 citizens at the November 28 h City Council meeting and a letter from State Rep. Susan Mclain encouraging a "sanctuary city" designation.

The term "Sanctuary City" does not have a legal definition. Wikipedia defines it as: "A sanctuary city has adopted a policy of protecting undocumented immigrants by not prosecuting them solely for violating federal immigration laws in the country they are now living illegally. Such a policy can be set out expressly in a law (de jure) or observed only in practice (de facto) . The term applies generally to cities that do not use municipal funds or resources to enforce national immigration laws, and usually forbid police or municipal employees to inquire about a person's immigration status. The designation has no precise legal meaning."

State law essentially makes Oregon a "sanctuary state." Oregon Revised Statute (ORS) 181A.820 provides in part: "No law enforcement agency of the State of Oregon or of any political subdivision of the state shall use agency moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws."

The City of Forest Grove Police Department does not operate its own jail, therefore, does not get involved with immigration and deportation issues of residents that are here illegally and who may have committed a crime. Those issues are handled directly by Washington County. Washington County Sheriff Pat Garrett recently explained how ORS 181A.820 (as quoted above) prohibits law enforcement agencies in Oregon from becoming involved with immigration issues.

Additionally, Forest Grove police officers do not inquire about a person's legal status when working with residents in our community. Forest Grove police officers are committed to the safety and protection of all Forest Grove residents and provide a safe space in which residents can report law enforcement events without fear of inquiry into their immigration status. A formal "sanctuary" designation would not change any current practices in Forest Grove. While it may convey a message to residents that local law enforcement

{00555727; 1 } CITY OF FOREST GROVE P. 0. BOX 326 FOREST GROVE, OR 97116 503-992-3200 www.forestgrove-or.gov Page 2 of 2 will not inquire about a person's immigration status, it does not prohibit Immigration Control and Enforcement (ICE) from enforcing federal law in Forest Grove.1

CURRENT STATUS: Reports vary on how many and what local municipalities in Oregon are considered a "sanctuary". If "sanctuary" is defined as not honoring ICE detainers without a court order, then up to 28 Oregon counties, including Washington County, would be considered "sanctuaries". Corvallis recently declared itself a sanctuary city and Portland Mayor-elect Ted Wheeler has stated Portland will remain a sanctuary city. Multnomah County recently declared itself a "sanctuary county." Hillsboro, Beaverton, and Cornelius recently passed statements/resolutions affirming their commitment to all citizens but stopped short of declaring themselves a sanctuary city.

President-elect Trump has stated, "cities that refuse to cooperate with federal authorities will not receive taxpayer dollars" and "we will be looking at sanctuary cities very hard." It is unclear if President-elect Trump would be successful in any attempt to block federal funding to those cities who declare themselves a sanctuary city.

Forest Grove currently receives approximately $4 million in federal transportation and community block grant funding for the Senior Center Kitchen remodel ($325,000), Firwood Sewer Extension and Conversion ($240,000) , and Quince/Highway 8 Intersection Improvements ($3.6 million).

OPTIONS: In an effort to hear from Forest Grove citizens and inform the Council's decision making process, there will be a public hearing at the January g th City Council meeting. Following the public hearing, the City Council may 1) take no action, 2) direct staff to draft a resolution for consideration at the January 23rd City Council meeting, or, 3) consider a Councilor-drafted proclamation or resolution at the January gth City Council meeting. Should the Council decide to consider a resolution, it has the following options:

1) Continue current practice of following state law and take no further action; 2) Continue current practice of following state law and issue a statement, either through proclamation and/or resolution, that supports an inclusive community without pursuing a sanctuary city declaration; 3) Continue current practice of following state law and issue a statement, either through proclamation and/or resolution, that supports an inclusive community and declare Forest Grove a sanctuary city.

ATTACHMENTS: 1) Letter by Mayor Pete Truax 2) Letter by Rep. Susan Mclain 3) City of Cornelius Resolution 4) City of Corvallis Resolution 5) City of Hillsboro Statement of Diversity

1 Federal law regard ing th is matter, 8 U.S.C. Section 1324, states: "Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or offi cial may not prohibit, or in any way restrict, any government entity or official from sendi ng to, or receiving from, the Immigration and Naturali zation Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual."

100555727: I \ F OREST ~ (ill()~ OREGON

A place where families and businesses thrive.

PARA: Alcalde y Cencejo de Ia Ciudad

DE: Jesse VanderZanden, Admistrador de Ia Ciudad Paul Elsner, Consejero Legal de Ia Ciudad

FECHA DE REUNION: 9 de enero de 2017

TITULO DEL TEMA: Audiencia Publica para considerar Ia promulgaci6n de una resoluci6n que afirme el compromise de Ia Ciudad de Forest Grove de ser una comunidad segura, abierta e inclusiva para todas las personas. ANTECEDENTES: En Ia reunion del12 de diciembre de 2016, el Alcalde Truax presento una carta en favor de una audiencia publica en enero sobre una designacion como "ciudad santuario" para Forest Grove. El consenso del Concejo fue celebrar una audiencia publica y solicitar opiniones antes de tomar una decision. La carta del Alcalde fue emitida a continuacion del testimonio de dos ciudadanos en Ia reunion del Concejo de Ia Ciudad del 28 de noviembre y una carta de Ia Representante Estatal Susan Mclain que alentaban Ia designacion de "ciudad santuario".

El termino "Ciudad Santuario" no tiene una definicion legal. Wikipedia lo define como: "Una ciudad santuario ha adoptado una polftica de proteccion de inmigrantes indocumentados al no procesarlos solamente por violar las leyes federales de inmigracion en el pais en que ahora viven ilegalmente. Tal polftica puede establecerse expresamente en una ley (de jure) u observarse solo en Ia prcktica (de facto) . El termino se aplica generalmente a las ciudades que no utilizan fondos o recursos municipales para hacer cumplir las leyes nacionales de inmigracion, y por lo general prohfben a los empleados de Ia policfa o municipales preguntar sobre el estatus migratorio de una persona. La designacion no tiene un significado legal precise".

La Ley Estatal hace de Oregon un "estado santuario". El Estatuto Revisado de Oregon (ORS) 181A.820 estipula en parte: "Ninguna agencia de seguridad del Estado de Oregon o de ninguna subdivision polftica del estado usara fondos de Ia agencia, equipo o personal con el proposito de detectar o aprehender a personas cuya unica violacion de Ia ley sea el ser ciudadanos extranjeros presentes en los Estados Unidos, en violacion de las leyes federales de inmigracion" .

El Departamento de Policfa de Ia Ciudad de Forest Grove no opera su propia carcel, por lo tanto, nose involucra con asuntos de inmigracion y deportacion de residentes que esten aquf ilegalmente y que pueden haber cometido un crimen. Esas cuestiones son manejadas directamente por el Condado de Washington. El alguacil del Condado de Washington, Pat Garrett, recientemente explico como el ORS 181A.820 (mencionado lfneas arriba) prohfbe que las agendas de seguridad en Oregon se involucren en asuntos de inmigracion.

Ademas, los oficiales de policfa de Forest Grove no preguntan sobre el estatus legal de una persona cuando trabajan con residentes de nuestra comunidad. Los oficiales de policfa de Forest Grove estan comprometidos con Ia seguridad y proteccion de todos los residentes de Forest Grove y proveen un espacio seguro, donde los residentes pueden reportar asuntos relacionados con Ia aplicacion de Ia ley sin temor de ser investigados sobre su estado migratorio. Una designacion formal de "santuario" no cambiarfa ninguna practica actual en Forest Grove. Aunque esto puede transmitir un mensaje a los residentes de que Ia policfa local no investigara el estatus migratorio de una

{00555727; 1 } CITY OF FOREST GROVE P. 0. BOX 326 FOREST GROVE, OR 97116 503-992-3200 www. forestgrove-or.gov Page 2 of2

persona, no prohfbe que el Servicio de lnmigracion y Control de Aduanas (ICE) aplique Ia ley federal en Forest 1 Grove .

EST ADO ACTUAL: Los informes varian sabre el cuantos y cuales mun1c1p1os locales en Oregon se consideran un "santuario". Si "santuario" se define como el no entregar a detenidos a ICE sin una arden judicial, entonces 28 condados de Oregon, incluyendo el condado de Washington, serfan considerados "santuarios". Corvallis se declaro recientemente una ciudad santuario y el alcalde electo de Portland, Ted Wheeler, ha declarado que Portland seguira siendo una ciudad santuario. El condado de Multnomah se declaro recientemente "condado santuario". Hillsboro, Beaverton, y Cornelius recientemente aprobaron declaraciones/resoluciones que afirmaban su compromiso con todos los ciudadanos, pero no llegaron a declararse ciudad santuario.

El presidente electo Trump ha declarado: "las ciudades que se nieguen a cooperar con las autoridades federales no recibiran dolares de los contribuyentes" y "estaremos vigilando muy seriamente a las ciudades santuario". No esta clara si el presidente electo Trump serfa exitoso en cualquier intento de bloquear los fondos federales a aquellas ciudades que se declaren ciudad santuario.

Forest Grove recibe actualmente, aproximadamente $4 millones en fondos federales para el transporte y recursos en bloque para Ia remodelacion de Ia cocina del Centro para Personas de Ia Tercera Edad ($325,000), Ia extension y conversion de alcantarillado en Firwood ($240,000) y las mejoras de Ia interseccion en Ia calle Quince y Ia carretera 8 ($3.6 millones).

OPCIONES: En un esfuerzo par escuchar a los ciudadanos de Forest Grove e informar sabre el proceso para Ia toma de decisiones del Concejo, habra una audiencia publica en Ia reunion del 9 de enero del Concejo Municipal. Despues de Ia audiencia publica, el Ayuntamiento puede: 1) no tamar accion, 2) instruir al personal que redacte una resolucion para su consideracion en Ia reunion del Concejo del 23 de enero, o 3) considerar una proclamacion o resolucion preparada par el Concejo de Ia Ciudad en Ia reunion del 9 de enero. Si el Concejo decide examinar una resolucion, tiene las siguientes opciones:

1) Continuar Ia practica actual de seguir Ia ley estatal y no tamar ninguna otra accion; 2) Continuar Ia practica actual de seguir Ia ley estatal y emitir una declaracion, ya sea a traves de una proclamacion o resolucion, que apoye una comunidad inclusiva, sin llevar a cabo una declaracion de ciudad santuario; 3) Continuar Ia practica actual de seguir Ia ley estatal y emitir una declaracion, ya sea a traves de una proclamacion o resolucion, que apoye una comunidad inclusiva y declare a Forest Grove como una ciudad santuario.

ARCHIVOS ADJUNTOS: 1) Carta del alcalde Pete Truax 2) Carta de Ia representante Susan Mclain 3) Resolucion de Ia Ciudad de Cornelius 4) Resolucion de Ia Ciudad de Corvallis 5) Declaracion de Diversidad de Ia Ciudad de Hillsboro

1 La ley federal sobre este asunto, 8 U.S.C. Secci6n 1324, declara: "No obstante cualquier otra disposici6n de ley federal , estatal o local, una entidad o funcionario de un gobierno federal, estatal o local no puede prohibir, o restringir de manera alguna, que ninguna entidad gubernamental u oficial envie o reciba informacion del Servicio de Inmigraci6n y Control de Aduanas relacionada con Ia ciudadania o el estado migratorio, legal o ilegal, de cualquier individuo".

/00555727: I \ \,

1 t December 2016

To: Forest Grove City Council

Fr: Mayor Truax

Re: Sanctuary Cities

During our last meeting on November 28, we had two members of the audience present comments urging us to consider a "Sanctuary City" designation for Forest Grove. As you know, such a designation would support residents of our community from having to prove they are legal residents of the city, state and country.

The issue has been discussed in other areas, in other cities in Oregon. For example, the City of Portland's Mayor-Elect, Ted Wheeler, has indicated that he supports such a move by that city. In Washington County, Hillsboro has been urged to adopt a similar declaration, and it is my understanding that Beaverton will also discuss the possibility. Washington County Sheriff Pat Garrett has announced that his office will enforce Oregon Law which prohibits local law enforcement from engaging in such practice, even at the request of the Immigration Service.

There is a reason for this law. If we are to provide an environment where people will feel free to ask for assistance from local law enforcement agencies, then that agency should not be involved in an attitude of checking on whether an individual is in this country in an undocumented or documented status.

Oregon is already a "Sanctuary State" by virtue of the law it passed which Sheriff Garrett refers to.

There are some choices we have as a City Council. 1. We can do nothing and let the flow of state law direct our behavior; 2. We can issue a proclamation that supports all our residents and supports our community diversity, but does not include the Sanctuary City designation (similar to the move taken recently by the City of Cornelius), or; 3. We can issue such a proclamation that includes all of number 2, plus declaring Forest Grove as a Sanctuary City.

I would support a discussion on such a resolution which we would have to write, since it is political issue, and we can't ask staff to work on such projects. As part of that discussion, I would favor holding a public hearing to get public input. I would think that doing this in a timely fashion would mean that we would be doing this in January.

Thank you for your time and feel free to give any thoughts on this.

Pete Truax Mayor, City of Forest Grove SUSAN McLAIN STATE REPRESENTATIVE DISTRICT 29

December 23rd 2016

Dear Forest Grove City Council,

I was informed by a constituent that you may address the sanctuary city status during the January 9th City Council meeting. I wrote a letter in support of sanctuary status to Mayor Traux in November with other Washington County State Representatives, Rep. Joe Gallegos and Rep. Elect . I wanted to voice my support to this body as a whole.

It is time to help our communities come together in healing unity. Hate has surfaced in so many ways across the nation, and even in our own community. We must call for hate-free zones, for safe spaces where individuals and groups in our communities can feel safe. We have the chance to denounce the fear, intimidation, and violence that is plaguing some of our most vulnerable communities.

It is a hard time for Latinos and immigrants in our community. Many of our children and families greet each day with fear of discrimination, violence, and even deportation. For this reason, I support resolution and establishment of a "sanctuary'' status for our Forest Grove and other cities. Such a designation will promote wellbeing and a sense of safety in our community. It will create a safe space, a milieu, in which we can join with you and others to dialogue about reasonable, legal, and humane solutions to immigration issues and minority relations.

The designation of Sanctuary Status will send a message to all, you are welcome here. Forest Grove is a place where families thrive. I humbly ask that you promote the wellbeing of all families.

Sincerely, ~ vyncrj~

Representative Susan Mclain

900 Court St NE, Salem, OR 97301 - 503-986-1429- rep .susanmclain @state.or.us P.O. Box 3891 , Hillsboro, OR 97123 @ ® RESOLUTION No. 2016-036

A RESOLUTION OF THE CITY OF CORNELIUS SUPPORTING DIVERSITY, INCLUSION, TOLERANCE, WELCOMING, UNDERSTANDING AND AN IMMIGRANT -FRIENDLY ENVIRONMENT AND COMMUNITY Findings: In recent weeks, some members of the Latino community have experienced a level of harassment and verbal abuse, including their children at school. The outcome of the Presidential election has heightened Latino community concerns about prejudice. This resolution is intended to demonstrate unqualified support from the Mayor and City Council in Cornelius for the entire Latino community.

WHEREAS, about half of the community in Cornelius is Latino- they provide a positive and an enriching diversity to our community; and

WHEREAS, the City has multiple and positive working partnerships with the many Latino cultural organizations in Washington County, including Centro Cultural of Washington County, Virginia Garcia Memorial Health Center, Adelante Mujeres and area churches; and

WHEREAS, the Cornelius city government suppot1s diversity, inclusion, tolerance, understanding, a welcoming and positive attitude, and an immigrant-friendly enviromnent and community; and

WHEREAS, the Washington County Sheriff's Office has provided police services on a contractual basis for the City of Cornelius since July 20 14; and

WHEREAS, the Cornelius Police Department will only enforce state law and local City of Cornelius ordinances; and

WHEREAS, Washington County Sheriff Pat Garrett stated on November 18, 2016 that the Oregon Legislature passed a law nearly 30 years ago that prohibits law enforcement from using state or local resources to enforce federal immigration law; and

WHEREAS, the Mayor and City Councilors of Cornelius strongly reaffirm their commitment to a safe, open and friendly community for all people.

NOW THEREFORE, BE IT RESOLVED BY THE CORNELIUS CITY COUNCIL;

Section 1. The Cornelius City Council supports a unified community where all people are treated with dignity, respect and fairness.

Section 2. The Cornelius City Council supports inclusivity, human rights laws, equity and a community where everyone is welcome.

City of Cornelius Page 1 of 2 Resolution No. 2016-036 INTRODUCED AND APPROVED by the Cornelius City Council at their regular meeting on November 21 , 2016.

City of Cornelius, Oregon

By: ______Attest: Jeffrey C. Dalin, Mayor

By: ------­ Debby Roth, MMC, City Recorder-Treasurer

Page 2 of 2 City of Cornelius Resolution No. 2016-036 LJ COPY RESOLUTION 2016-50

A RESOLUTION DECLARING THE CITY OF CORYALLIS A "SANCTUARY CITY"

Minutes ofthe December 12, 2016, Corvallis City Council meeting, continued.

A resolution submitted by Councilor Hirsch.

WHEREAS, Section 4 of the City of Corvallis Charter states: "Responsibility to All People. The City shall exercise its power to ensure the equal protection, treatment, and representation of all persons without discrimination including, but not limited to, age, citizenship status, color, familial status, gender identity or expression, marital status, mental disability, national origin, physical disability, race, religion, religious observance, sex, sexual orientation, and source or level of income. Corvallis is a community that honors diversity and diverse interests, and aspires to be free of prejudice, bigotry, and hate"; and

WHEREAS, the City of Corvallis adopted Resolution 2016-01, resolving on January 19, 2016 to be a "city that welcomes people of good will from all religions and all cultures"; and

WHEREAS, through Resolution 2016-01, the City particularly affirmed its welcome for Muslim communities; and

WHEREAS, the City of Corvallis adopted Resolution 2016-38, the Imagine Corvallis 2040 Vision, aspiring to be "a safe, secure, and welcoming community for everyone, promoting respectful relations and collaboration between community members and those providing public safety services"; and

WHEREAS, the City Council of the City of Corvallis adopted Council Policy Area 5 - Community Safety, consisting of Council Policy 5.02, Public Safety and Constitutional Rights, Council Policy 5.03, A Family-Friendly Community, and Council Policy 5.04 Hate/Bias Violence, all affirming the City's commitment to protecting the rights and safety of all members of our community; and

WHEREAS, the City Council enacted Chapter 1.23 of the Corvallis Municipal Code, addressing Civil Rights, which states that it is the policy ofthe City "to eliminate discrimination based on age, citizenship status, color, familial status, gender identity or expression, marital status, mental disability, national origin, physical disability, race, religion, religious observance, sex, sexual orientation, and source or level of income. Such discrimination poses a threat to the health, safety and general welfare ofthe citizens of Corvallis and menaces the institutions and foundation of our community"; and

WHEREAS, Corvallis Municipal Code Chapter 1.23 states that "it is the intent of the City that no person be denied the equal protection of the laws, nor shall any person be denied the enjoyment of his/her civil or political rights or be discriminated against because age, citizenship status, color, familial status, gender identity or expression, marital status, mental disability, national origin, physical disability, race, religion, religious observance, sex, sexual orientation, and source or level of income"; and

WHEREAS, at times like the current period, events and actions take place in our local, state, and national community that result in many individuals fearing for their safety, the safety of others, and the potential for loss of civil liberties; and

WHEREAS, the City of Corvallis acknowledges that all non-Native Americans are all of immigrant­ heritage to our community; and

Resolution- Declaring the City of Corvallis a Sanctuary City Page 1 of2 . ~~... ,, . . -, ~ :· . : ·" . • ' :. ~ ,i'• '· .

WHEREAS, the City of Corvallis affirms the protections of the First Amendment for the free practice of religion; and

WHEREAS, Oregon law prohibits the use of state and local resources to enforce federal immigration laws; and

WHEREAS, the City of Corvallis must act now and always to uphold the community's commitment to be a community "free of prejudice, bigotry, and hate."

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CORVALLIS RESOLVES that the City of Corvallis is a "Sanctuary City"; and

BE IT FURTHER RESOLVED THAT the City will not honor or enforce federal immigration laws, detainers or raids, inquire about immigration status of any person, or engage in activities designed to ascertain the immigration status of any person of foreign citizenship whose only violation is that they are present in the United States in violation of federal immigration laws; and

BE IT FURTHER RESOLVED that the City of Corvallis will not participate in or facilitate any federal efforts to register individuals based on their real or perceived religious affiliation or other status protected by Oregon law; and

BE IT FURTHER RESOLVED that the City of Corvallis publicly proclaims that it strives to be a community free of hostilities, aggressions, and bullying - especially on matters related to age, citizenship status, color, familial status, gender identity or expression, marital status, national origin, physical and intellectual abilities, race, religion, religious observance, sex, sexual orientation, and source or level of income; and

BE IT FURTHER RESOLVED THAT the City of Corvallis will send this resolution to OSU President Ed Ray, Benton County Commissioners, Corvallis School District, and the City's elected officials (Oregon Rep. , Oregon Sen. Sara Geiser, Gov. Kate Brown, Rep. Kurt Schrader, Rep. Peter DeFazio, Sen. Jeff Merkley, Sen. Ron Wyden, President Barack Obama, and President-Elect Donald Trump). / I ./

/, /( _/ ...... _. . () ' ' --- 11 I,~ cord!dr

Upon motion duly made and seconded, the foregoing resolution/., adopted, and the Mayor thereupon declared said resolution to be adopted.

Resolution -Declaring the City of Corvallis a Sanctuary City Page 2 of2 (IJ Hillsboro OREGON

A message from the City Council: Hillsboro's diversity is one of its greatest strengths

There's a great deal of uncertainty right now, both locally and across our nation. It's reflected in the conversations we have with friends, family, and neighbors about who we are as a society, how we view and treat each other, and what we can expect in the future.

More than just uncertain, we recognize that some in our community, especially our communities of color, are fearful. These concerns about respect and understanding are not necessarily new, but they have impacted our people in recent days to the point that we feel compelled as a City Council to speak in one voice.

We have an opportunity right now to call attention to our community's many strengths, such as our diversity, our compassion, and our collaboration. Hillsboro is an inclusive and welcoming place where we all work together to lift each other up.

Our community is full of people who dream boldly and take the initiative to make their vision a reality; people who understand and appreciate our individual differences and how our unique experiences and perspectives make us stronger as a whole. We respect diversity of thought and the freedom to express yourself and your beliefs. We value and honor both long-time and newly-arrived residents who plant roots in our city and join us in our common effort to grow great things.

We are united in our belief that through hard work and care for one another, we can make our hometown an even better place to live. Our residents, business owners, and community partners reflect that commitment to improving our quality of life for each subsequent generation.

We also strongly reaffirm our commitment to providing a safe community for all individuals, regardless of ethnicity or immigration status. The City of Hillsboro, including all public safety employees, will continue to ensure that all members of our community are safe and can call upon public safety assistance whenever necessary, without being questioned about federal immigration laws and without fear of reprisal based solely on legal status, in accordance with Oregon State Law.

Together we grow great things. That message is as important today as it has ever been, in any language. Hillsboro remains a welcoming community for all, and that will not change. We hope you will join us in making sure of it.

Baclzground and Current Status R port Paul Elsner, City Attorney January 9, 2016 City Council Meeting

A place where families and businesses thrive. FOREST ~ GROVE OR EG Ol PURPOSE AND INTENT

• To inform the City Council regarding "Sanctuary City" designations.

• To provide the City Council with options for consideration after the public hearing. FOREST ~ GROVE OREGO~ BACKGROUND

• At the December 12th, 2016 City Council meeting, MayorTruax introduced a letter favoring a public hearing in January regarding a "sanctuary city" designation for Forest Grove. The consensus of the Council was to hold a public hearing and solicit input prior to making a decision.

• The Mayor's letter followed testimony from two citizens at the November 28th City Council meeting and a letter from State Representative Susan McLain encouraging a "sanctuary city" designation for Forest Grove. BACKGROUND

• The term "Sanctuary City" does not have a legal definition. A common definition is: "A sanctuary city has adopted a policy of protecting undocumented immigrants by not prosecuting them solely for violating federal immigration laws in the country they are now living illegally. Such a policy can be set out expressly in a law (de jure) or observed only in practice (de facto). The term applies generally to cities that do not use municipal funds or resources to enforce national immigration laws, and usually forbid police or municipal employees to inquire about a person's immigration status. The designation has no precise legal meaning.. " FOREST Q GROVE OREGON BACKGROUND

• State law essentially makes Oregon a "sanctuary state." Oregon Revised Statute (ORS) 181A.820 states: "No law enforcement agency of the State of Oregon or of any political subdivision of the state shall use agency moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws." BACKGROUND

• The Forest Grove Police Department does not operate its own jail, therefore, does not get involved with immigration and deportation issues of residents that are here illegally. Those issues are handled directly by Washington County. Washington County Sheriff Pat Garrett recently explained how ORS 181A.820 prohibits law enforcement agencies in Oregon from becoming involved with immigration issues.

• Additionally, Forest Grove police officers do not inquire about a person's legal status when working with residents in our community. Forest Grove police officers are committed to the safety and protection of all Forest Grove residents and provide a safe space in which residents can report law enforcement events without fear of inquiry into their immigration status. GROVE OREGON BACKGROUND

• A formal "sanctuary" designation for Forest Grove would not change any current police practices in Forest Grove.

• While a "sanctuary" designation may convey a message that local law enforcement will not inquire about a person's immigration status, it does not prohibit Immigration Control and Enforcement (ICE) from enforcing federal law in Forest Grove. CURRENT STATUS

• Reports vary on how many and what local municipalities in Oregon are considered a "sanctuary". If"sanctuary" is defined as not conducting ICE detainers without a court order, then up to 28 Oregon counties, including Washington County, would be considered a "sanctuary".

• Corvallis recently declared itself a sanctuary city. Mayor-elect Wheeler has affirmed Portland will remain one. Multnomah County declared itself a sanctuary county.

• Hillsboro, Beaverton and Cornelius recently passed statements/resolutions affirming their commitment to inclusion and diversity but did not declare themselves a sanctuary city. CURRENT STATUS

• President-elect Trump has stated, "cities that refuse to cooperate with federal authorities will not receive taxpayer dollars." It is unclear if the President-elect would be successful in any attempt to block federal funding.

• Forest Grove currently receives approximately $4 million in federal transportation and community block grant funding: • Senior Center Kitchen remodel ($325,000) • Firwood Sewer Extension and Conversion ($240,000) Quince/Highway 8 Intersection Improvements ($3.6 million). FOREST ~ GROVE OREGON OPTIONS

Following the public hearing the City Council may: o 1) take no action o 2) direct staff to draft a resolution for consideration at the January 23rd City Council meeting, or o 3) pass a Councilor-drafted proclamation or resolution tonight. Generally, the City Council has the following options:

Policy options include: o 1) continue current practice of following state law and take no further action; o 2) Continue current practice of following state law and issue a proclamation and/ or resolution that supports an inclusive community without pursuing a sanctuary city declaration; o 3) Continue current practice of following state law and issue a proclamation or resolution that supports an inclusive community by declaring Forest Grove a sanctuary city.