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HomeMy WebLinkAbout10764RESOLUTION NO. 10764 A RESOLUTION ESTABLISHING A POLICY OF THE CITY OF PUEBLO TO COMPLY WITH AND NOT BE IN VIOLATION OF SECTION 29 -29 -103, C.R.S., RELATING TO COOPERATION WITH FEDERAL OFFICIALS REGARDING IMMIGRATION STATUS WHEREAS, the General Assembly of the State of Colorado recently enacted Senate Bill 06 -090 (the "Legislation "); and WHEREAS, the Legislation provides that the City will not be eligible to receive local government financial assistance through grants administered by the Colorado Department of Local Affairs if the City is in violation of any of the following prohibitions or requirements: (a) A local government, whether acting through its governing body or by an initiative, referendum, or any other process, shall not enact any ordinance or policy that limits or prohibits a peace officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within this state; (b) The governing body of a local government shall provide notice in writing to peace officers of the duty to cooperate with state and federal officials with regards to enforcement of state and federal laws regarding immigration and comply with §29- 29-103(2)(a), C.R.S., which requires a peace officer, who has probable cause that an arrestee for a criminal offense is not legally present in the United States to report such arrestee to the United States Immigration and Customs Enforcement Office if the arrestee is not held at a detention facility; and (c) the governing body of a local government shall provide written confirmation to the general assembly that it has provided such notice and shall annually, on or before March 1 of each year, report to the legislative council of the general assembly the number of reports made to the United States Immigration and Customs Enforcement Office pursuant to this article. WHEREAS, the City of Pueblo does not wish to lose or otherwise put in jeopardy its eligibility to receive local government financial assistance through grants administered by the Colorado Department of Local Affairs, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. No ordinance exists or has been enacted by the City of Pueblo which limits or prohibits a peace officer, local official, or employee of the city of Pueblo from communicating or cooperating with federal officials with regard to the immigration status of any person within the State of Colorado. SECTION 2. It is the policy of the City of Pueblo to comply with and not be in violation of § §29 -29- 103(1) and (2)(b), C.R.S., 2006 as amended. In furtherance thereof, the City Manager is directed to carry out such policy and assure compliance with and performance of the following: (a) Each peace officer employed by the City of Pueblo shall be provided written notice of the officer's duty to cooperate with state and federal officials with regards to enforcement of state and federal laws regarding immigration and to comply with §29- 29- 103(2)(a), C.R.S. which requires a peace officer, who has probable cause that an arrestee for a criminal offense is not legally present in the United States, to report such arrestee to the United States Immigration and Customs Enforcement Office if the arrestee is not held at a detention facility; (b) Written confirmation shall be provided to the General Assembly of the State of Colorado that the foregoing notice has been provided to each peace officer employed by the City of Pueblo; and (c) On or before March 1 of each year, the City of Pueblo will make an annual report to the Legislative Council of the General Assembly of the number of reports made to the United States Immigration and Customs Enforcement Office pursuant to Article 29 of Title 29, Colorado Revised Statutes, 2006 as amended. SECTION 3. This Resolution shall become effective upon final passage and approval. BY Judy Weaver Councilperson APPROVED: President of Cit Council ATTESTED BY: CITY CLERK NTRODUCED June 26, 2006 [PDl D Background Paper for Proposed RESOLUTION l&0 . f 10(04 AGENDA ITEM # I I DATE: DEPARTMENT: June 26, 2006 Law Department TITLE A RESOLUTION ESTABLISHING A POLICY OF THE CITY OF PUEBLO TO COMPLY WITH AND NOT BE IN VIOLATION OF SECTION 29 -29 -103, C.R.S., RELATING TO COOPERATION WITH FEDERAL OFFICIALS REGARDING IMMIGRATION STATUS ISSUE Should the City Council pass and approve the proposed Resolution? RECOMMENDATION It is recommended that City Council pass and approve the proposed Resolution so that the City of Pueblo does not lose its eligibility to receive local government financial assistance through grants administered by the Colorado Department of Local Affairs (the "Grant Money"). BACKGROUND The General Assembly of the State of Colorado recently enacted Senate Bill 06 -090, which provides that the City will not be eligible to receive any Grant Money if the City is in violation of any of the following prohibitions or requirements: (a) A local government, whether acting through its governing body or by an initiative, referendum, or any other process, shall not enact any ordinance or policy that limits or prohibits a peace officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within this state; (b) The governing body of a local government shall provide notice in writing to peace officers of the duty to cooperate with state and federal officials with regards to enforcement of state and federal laws regarding immigration and comply with §29- 29- 103(2)(a), C.R.S., which requires a peace officer, who has probable cause that an arrestee for a criminal offense is not legally present in the United States to report such arrestee to the United States Immigration and Customs Enforcement Office if the arrestee is not held at a detention facility; and (c) The governing body of a local government shall provide written confirmation to the general assembly that it has provided such notice and shall annually, on or before March 1 of each year, report to the legislative council of the general assembly the number of reports made to the United States Immigration and Customs Enforcement Office pursuant to this article. The proposed Resolution assures compliance with the foregoing prohibition and requirements so that the City does not lose or otherwise put in jeopardy the City's eligibility for the Grant Money. FINANCIAL IMPACT If the City loses its eligibility to receive the Grant Money, there will be a significant financial impact to the City. In the recent past, the City has received in excess of $500,000 per year in Grant Money. In approximately the past twelve months, the City has received or been awarded Grant Money in the amount of $1,513,000.