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02-08-05 Worksession CITY COUNCIL MINUTES Richfield, Minnesota Special Worksession February 8, 2005 The meeting was called to order by Mayor Kirsch at 5:32 p.m. Staff Present: Martin Kirsch, Mayor; Bill Kilian; Fred Wroge; Susan Rosenberg; and Sue Sandahl. Steven Devich, Acting City Manager; Bruce Palmborg, Community Development Director; Dan Scott, Public Safety Director; Cheryl Krumholz, Recording Secretary; and Corrine Thomson, City Attorney. Members Present: Item#1 Acting City Manager Devich explained the City Council requested additional information regarding the proposed immigration ordinance, therefore, discussion was scheduled for this evening. City Attorney Thomson reviewed her memo dated January 4, 2005 to the City Council addressing legal concerns related to the ordinance. She stated in summary the proposed ordinance is very similar to the one enacted by St. Paul in most respects. A legal matter raised by the Governor's office is if the ordinance conflicts with certain federal laws. The proposed ordinance does not. City Attorney Thomson stated minor wording clarifications are needed. There is concern with the provision that purports a cause of action of a civil penalty if the ordinance is violated. There is a question if the City has the authority to do a cause of action. It may require a Charter amendment. She recommended against that provision and added St. Paul and Minneapolis do not have it either even though it was requested. City Attorney Thomson explained the proposed ordinance assumes the same internal staff infrastructure, Le. legal staff, and what entity within the city would investigate complaints and violation allegations. As the proposed ordinance is written, the Human Rights Commission is the investigating and reporting agency. The City Council and City staff need to determine if that is appropriate. City Attorney Thomson stated it is a City Council policy to adopt the proposed ordinance. Public Safety Director Scott discussed the purpose of the proposed ordinance and if it was to be used to clarify allegations against the police. The proposed ordinance has raised concerns of staff and, speaking for the Police, the City has caring, good officers and, in some respects, the ordinance could take away from that. Based on conversations with internal staff, there appears to be no problems related to immigration status. The Police do not ask about immigration status. Public Safety Director Scott discussed three points made in a letter from the School District dated November 30, 2004 related to the proposed ordinance. Special Worksession Minutes -2- February 8, 2005 Public Safety Director Scott suggested setting up a dialogue so everyone feels part of the community. In his opinion, the ordinance will not build a stronger, more friendly community and that's what needs to be done. Council Member Wroge asked if the ordinance would correct the problem of abused people, not just Hispanics, from not coming forward. Public Safety Director Scott stated the ordinance may not correct that problem but create an opposite reaction. People are reluctant to come forward whether documented or not The Public Safety Department works through several different agencies to get victims assistance to resolve problems. Jennifer Romo, Richfield Public Safety clerk typist/receptionist for 22 years employee, discussed her work-related experiences with the Hispanic population as translator. Immigration status has never been asked on a City level, but it may come forward at the County level. Public Safety Director Scott explained the City Clerk's Division passport situations, which is a federal process, when documentation is needed, but often times cannot be produced. Dave Kromschroeder, Richfield police officer for 19 years, stated that his experiences with the Hispanic population do not give him the impression they have any concerns with arrests because of undocumentation. There may be other non-Police issues, language barriers and cultural issues. Council Member Kilian asked if the population as a whole has identified one group more than another that appears to be prevented from seeking help. Officer Kromschroeder stated that often times for some cultures, the Police are their first contact for services in the community and they are unaware of other programs that are available to provide assistance. The Police make contact with social service agencies to help people solve problems on their own, and try to be proactive versus reactive. Council Member Sandahl stated it appears the City has an unwritten policy on not seeking immigration status but the Isaiah group is looking to have that policy put in place as written. She invited comment from both sides of the issue. Public Safety Director Scott stated documented as well as undocumented individuals may not want to come forward when resources need to be utilized. The Isaiah group could be a good resource and may know problems before the police. When the police are aware, they are required by law to take specific action. Kathleen Holland, Co-Chair of Isaiah Richfield-Bloomington Caucus, discussed partnering to build relationships because people want to come forward and engage in positive ways. The Isaiah group is not a counseling group but a social justice group to help create positive communities. She said there are issues and believes Isaiah has worked with the City. The ordinance is a foundation on which to build. Scott Dahlquist, Minneapolis police officer and Richfield resident, was invited by Isaiah to present his personal expectations. He added that his experience with the ordinance as an officer, is that he found it clarifying. Mark Waggoner, Wood Lake Lutheran Church, stated the ordinance should not be construed to impede the Police. Much of the discussion is anecdotal, some of it good, some of it not Isaiah is asking the City to go on the record to not operate on bias. He asked why there was hesitation on the ordinance. Council Member Kilian stated he does not see a positive, pro-active approach in the ordinance. The same end result is wanted - people coming forward in a safe, secure environment when they need help. Pastor Waggoner stated the ordinance is not meant to be negative but as a desire to have a policy in place. Special Worksession Minutes -3- February 8, 2005 Council Member Kilian stated the discussions were anecdotal and data is needed for a measurable outcome that is more objective and not based on a feeling. Council Member Sandahl said the ordinance is intended to make a statement to the community, including that undocumented persons have full use and protection under the law without the worry of immigration status. She asked if Minneapolis and St. Paul were reporting any differences with the ordinance in place. Council Member Rosenberg stated it appears there needs to be a coming together of the Public Safety Department and Isaiah to get the truth, including statistics, so there are less anecdotal discussions. If any group is helped, the right thing is being done. Council Member Rosenberg said the Human Rights Commission should be included in discussions and help facilitate dialogue. She said the ordinance should be set aside for a period of time to allow for discussions to occur. Council Member Sandahl suggested an option could be to have the immigration status matter be moved forward in the form of a resolution first and possibly progress to an ordinance to be codified. Council Member Wroge stated he supported less government, not more, and would not approve an ordinance if the need cannot be proven. Mayor Kirsch requested the Acting City Manager to coordinate the review of the immigration status matter and work with Isaiah and the Public Safety Department. The meeting was adjourned by unanimous consent at 6:27 p.m. (', . Devich Acting City Manager Date Approved: February 22,. 2005 7' ,) (!A/~/ ~~~~ Cheryl rum olz Recording Secretary