Title
Adding Ch. 44A to the Administrative Code to institute training, reporting, and programming related to the City’s relationship with civil immigration laws and enforcement practices under Administrative Code Chapter 44.
Body
Section 1.
WHEREAS, Saint Paul’s residents rely on the values enacted in Chapter 44 of the City’s Administrative Code, also known as the Separation ordinance, to ensure that the city does not operate its programs for the purposes of enforcing federal immigration law and that city officials are prohibited from inquiring about immigration status; and
WHEREAS, Saint Paul’s Separation ordinance reflects the City’s decision to have its police and public safety resources focus on local criminal enforcement and to preserve the necessary trust with its residents to effectively accomplish that objective; and
WHEREAS, Saint Paul city employees regularly interact with the full diversity of Saint Paul residents, including residents from immigrant communities; and
WHEREAS, Saint Paul city employees have been impacted by the unprecedented actions and presence of federal immigration agents in the city and state which raises concerns and uncertainty for employees and supervisors; and
WHEREAS, the City of Saint Paul has a duty to its employees to ensure they are fully trained in upholding the tenets of Chapter 44 throughout the course of their work and to report the results of that training to its residents; and
WHEREAS, the City of Saint Paul has a duty to its residents to publicly report information about immigration enforcement activity in the city generally and provide critical contextual details about Saint Paul public safety personnel if deployed in relation to civil immigration enforcement activity;
THEREFORE BE IT RESOLVED; the Saint Paul City Council adds Chapter 44A to the Administrative Code to require that the City implement policies that creates training for General service employees, Supervisors, and Public safety employees; and now,
THEREFORE BE IT RESOLVED, the City Council of the City of Saint Paul does hereby ordain:
Section 2.
Sec. 44A.01. Purpose and Policy Statements; Definitions; Limitations. (a) This chapter is intended to supplement and strengthen the relationship between the city and its employees under the existing legal guidelines of Chapter 44 of the Administrative Code (“The Separation ordinance”), which provides that the city does not operate its programs for the purposes of enforcing federal immigration laws, nor may city officials inquire about immigration status, except where required by law. The City of Saint Paul commits itself and its personnel to fully upholding the tenets of Chapter 44 through a comprehensive training and education program, the requirements of which are specified in this chapter.
The comprehensive training program will recognize the differences between general service employees and public safety employees to fully ensure that the city will not operate its programs for the purpose of enforcing federal immigration laws. The comprehensive training program, applicable to all general service employees in the city, is not meant to interfere, regulate, prohibit, or intrude on civil immigration activity conducted in this city.
The general service employee training program contained herein is intended to formalize, elevate, universalize, and strengthen those duties and responsibilities already required by Section 44.02, paragraph (c), and in a way that elevates and reflects the community’s values to build resilience and acknowledge the impact of immigration enforcement activity on city operations. Because the Separation ordinance has properly functioned and shaped city practices across multiple Mayoral administrations and presidential administrations, so too should the values and guidelines for Chapter 44’s responsibilities be consistent, durable, and not subject to variation.
The public safety training policy required herein is essential to ensure all public safety personnel are equipped with the knowledge, resources, and proper operational considerations, while recognizing the essential and unquestioned importance of responsiveness and community expectations for calls to service involving civil immigration enforcement. The city itself is a safer, healthier, and more vibrant place when city personnel are educated, trained, and equipped with the tools necessary to maintain a relationship of trust, respect, and cooperation with all city residents for which they serve.
The same values of trust, respect, and cooperation are also essential between elected representatives and public safety officials in times of significant crisis. The information reporting policy established herein reflect a shared agreement about the importance of timely and direct information about public safety incidents in Saint Paul, particularly involving civil immigration enforcement. Such a structure can only improve community service, policymaking outcomes, and making timely decisions on verified information. An annual report shall provide Council with the practical information necessary to understand certain financial and community impacts of the Separation ordinance and civil immigration enforcement in the city.
The comprehensive reporting requirements specified herein are necessary for the transparent accounting of the city’s resources to ensure protection of the city’s public peace, health, and safety for all residents. Because this city is home to persons of diverse racial, ethnic, and national backgrounds, including a large immigrant and refugee population, the city must prioritize the use of its public safety services and resources to advance the health and safety of its residents rather than undertake any law enforcement action for the sole purpose of enforcing federal immigration laws.
(b) For purposes of this chapter, the following terms have their meanings given:
(1) “Chapter 44” means Chapter 44 of the Saint Paul Administrative Code;
(2) “Civil immigration enforcement” means any and all efforts by a law enforcement agency to investigate or penalize a person’s presence in, entry, or reentry to, or employment in the United States;
(3) “General service employee” any employee of the City of Saint Paul, the Saint Paul Public Library Agency, the Housing and Redevelopment Agency, and Saint Paul Regional Water Services;
(4) “Public safety employee” includes sworn and non-sworn personnel of the Saint Paul Police Department and employees of the Department of Fire and Emergency Management;
(c) Nothing in this chapter shall be construed as:
(1) restricting, interfering, or limiting the civil immigration authority of the federal government;
(2) restricting or interfering with the execution of court orders or judicial warrants, or the enforcement of criminal law, nor limiting the rights of any person or entity under state or federal law;
(3) regulating, restricting, limiting, modifying, or repealing permitted actions for a General service employee or public safety official specified in Chapter 44 or otherwise required by law or court order:
(4) regulating, restricting, limiting, or modifying the Chief of Police or Fire Chief or the Mayor’s discretion to determine operational priorities, staffing, and the allocation of resources within an existing budgetary framework; or
(5) creating a private cause of action for violations of this chapter.
(d) If a section of this chapter is found to be invalid for any reason, the remaining sections of the chapter shall continue in full force and effect.
Sec. 44A.02. General service employees training required. (a) To ensure consistent expectations and implementation, General service employees will receive annual training and information on the City’s implementation, policies, regulations, protocols, guidance, or any revisions to Chapter 44. The content of the annual training for General service employees will include, at a minimum, the following information, which must not be contrary to civil immigration laws:
(1) the City’s protocol for encountering civil immigration enforcement activity in or at a city workplace, city work site, or in a city vehicle, which includes, but is not limited to:
(i) staging activity in city lots;
(ii) the limitation in accessing nonpublic city spaces without a judicial warrant;
(iii) a supervisor or director’s required response on behalf of an employee as specified in paragraph (b); and
(iv) a supervisor or director’s required response on behalf of a city employee who is detained or arrested by immigration authorities at a city workplace, city work site, or in a city vehicle;
(2) identifying and reporting potential ordinance violations related to prohibited law enforcement conduct;
(3) the difference between administrative and judicial warrants;
(4) the difference between public and non-public city spaces;
(5) guidance on responding to inquiries or actions by immigration officials, including requests for information regarding any of the following:
(i) city employees;
(ii) members of public; or
(iii) access to city property, city resources, or city lots;
(6) the documentation process required by section 44A.04 and relevant information to rapidly contact appropriate city officials in urgent situations involving civil immigration enforcement at a city workplace, city work site, or in a city vehicle;
(7) information on how and where employees can access relevant city resources, supports, and additional learning materials.
(b) Supervisor training required.
(1) The City Attorney's Office or supervisors of General service employees will offer the training specified in paragraph (a) and shall be offered in the orientation of new employees and as part of an employee’s on-going service training.
(2) In addition to the training specified for new employees and on-going service training under this chapter and Chapter 44, supervisors of General service employees will receive specific training offered by the City Attorney's Office on their roles and responsibilities in the City’s protocol for encountering civil immigration enforcement activity on city property, at a city work site, or in a city vehicle. The specific supervisor training required under this paragraph shall first begin with department directors and department-designated senior leaders. The content of the supervisor-specific training will include:
(i) the internal process for an employee to notify the proper director, supervisor, or manager as the responsible party, along with the City Attorney’s Office;
(ii) best practices for assessing an interaction with civil immigration officials, including:
(A) identifying oneself as the supervisor and requesting the purpose of the visit;
(B) documenting the interaction where appropriate with photographs, video, or both; and
(C) inquiring as to the immigration agents’ name, badge number, agency affiliation;
(D) reviewing a presented judicial warrant with the City Attorney's Office before permitting any access to city-owned property; and
(iii) the protocol if an employee of the supervisor is arrested or detained by immigration officials while performing job duties, on city property, at a city work space, or in a city vehicle.
(c) Annual report on training.
Beginning January 1, 2027, and each year thereafter, the City shall prepare and file with the City Council a report on the prior year’s training of General service employees and supervisors on the requirements of this chapter and Chapter 44.
Sec. 44A.03. Public safety employee training policy.
(a) The Saint Paul Police Department will adopt a policy that creates training for Public safety employees on the requirements of Chapter 44 of the Administrative Code. The training will be mandatory for all current and future employees. The training shall include guidance and best practices for sworn personnel responding to calls for service involving civil immigration enforcement. The training shall also include operational guidance for cooperation between the Saint Paul Police Department and the Department of Fire and Emergency Management during emergency incidents where civil immigration enforcement activity may be present to ensure scene safety.
(b) Report on training. The Saint Paul Police Department and Department of Fire and Emergency Management, in consultation with the City Attorney's Office and the Department of Human Resources, shall prepare and file with the City Council and the Mayor a report and recommendations on public safety training outcomes and implementation of this section and Chapter 44 of the Administrative Code. The report shall provide the content of the training program offered to public safety personnel and identify and analyze any observed operational challenges to public safety from calls for service during civil immigration enforcement.
(c) Report expiration. The requirement to submit the report and recommendations under paragraph (b) expires on December 31, 2029.
Sec. 44A.04. Employee interaction reports.
(1) The City will implement a policy that establishes an internal reporting mechanism for employees to promptly document any interaction involving civil immigration enforcement activity that occurs on city property, at a city work-site, on a city lot, or in a city vehicle.
(2) The documentation shall include, to the extent known or available, the following information:
(i) the date, time, duration, and specific location of the interaction;
(ii) the department, division, and job title of each city employee involved;
(iii) any relevant on-scene information about the interaction, including the name of the civil immigration agency and, if provided, the name, badge number, or title of the immigration enforcement agent or agents involved, including any on-scene agent in charge;
(iv) the stated purpose of the interaction, including whether it involved a request for information, records, access to city property, or assistance from city personnel;
(v) whether legal documentation was presented by the immigration agency to access city property;
(vi) the employee’s response to the request, including whether the request to access city property, resources, records, or facilities was granted; and
(vii) whether the interaction was referred to a supervisor and the City Attorney’s Office.
(3) The requirement to document enforcement activity shall not apply to the performance of duties permitted by Chapter 44 or otherwise required by law or judicial subpoena. The policy implemented by a supervisor will emphasize the prompt manner of a report, except where necessary to delay due to operational or safety concerns.
(4) Except as otherwise required by this section or by law, no report required by this section may contain personally identifiable information.
(5) No information that is otherwise required to be reported under this section may be reported in a manner that would violate any applicable federal, state, or local law or regulation relating to the data privacy and classification of information, including the Minnesota Government Data Practices Act.
(6) This section does not apply to Public safety employees subject to the requirements of section 44A.06.
Sec. 44A.05. Public reports of potential employee violations; immigration enforcement prohibition.
(a) The City will adopt a policy to establish and maintain a reporting mechanism to allow the general public to report alleged violations of Chapter 44 of the Administrative Code. The reporting mechanism must be established consistent with the complaints and discipline provisions of section 44.04 of the Administrative Code and any relevant and applicable law.
(b) The public reporting mechanism shall be available on the city’s website in addition to an alternative reporting option available for individuals without internet access. The reporting mechanism shall permit individuals to submit reports anonymously and allow reports to be submitted by third parties on behalf of affected individuals.
(c) The reporting mechanism shall allow individuals to report:
(i) the observed use of city funds, personnel, facilities, equipment, or other resources to support civil immigration enforcement actions; or
(ii) inquiries by city officials into an individual’s immigration status, except where such an inquiry is authorized by law.
(d) Reports collected may include the following information, to the extent known by the individual:
(i) the date, time, and location of the alleged incident;
(ii) the city department or program involved;
(iii) a description of the conduct giving rise to the allegations; and
(iv) any supporting documentation or information.
(e) Except where required by law, the reporting mechanism shall not condition submission of a report on either:
(i) the provision of personally identifying information; or
(ii) disclosure of immigration status.
(f) The policy adopted shall designate an official responsible for receiving and conducting an initial review of reports submitted to determine whether the allegations constitute a potential violation of Chapter 44 of the Administrative Code and whether the report submitted sufficiently meets the requirements of paragraphs (d) and (e). Upon such a determination, a report will be referred to the relevant city department, the Department of Human Resources, and the City Attorney's Office, or other appropriate entity, and may subject an employee to discipline as specified in section 44.04, paragraph (a) of the Administrative Code.
(g) The Department of Human Resources, in coordination with the required report under section 44.04, paragraph (d) of the Administrative Code, shall prepare and file in April of each year with the City Council and Mayor an annual report and recommendations regarding implementation of this section.
Sec. 44A.06. Information Reporting.
(a) The Saint Paul Police Department will prepare summary data to be reported weekly to the City Council and the Mayor’s Office regarding city resources expended in relation to civil immigration enforcement by any Public safety employee and will include any public information on the call or calls for service, including any use of Public safety employees required to be documented under section 44.03(b) of the Administrative Code. If there are no known calls for service related to civil immigration enforcement within the week, the weekly report is not required.
(b) For any public safety incident necessitating a call for service related to civil immigration enforcement, the Chief of Police, or their designee, will report the following specified information to the City Council President, the Council representative where the incident related to civil immigration enforcement occurred, and the Mayor’s Office, as soon as is practicable, but no later than 48 hours after the incident:
(1) known information about the incident;
(2) the reason for public safety resources or personnel at the scene of the incident;
(3) any identified law enforcement agencies involved in the actions beyond the Saint Paul Police Department; and
(4) any other relevant public safety information useful for constituent services, public distribution, or media inquiry.
Sec. 44A.07. Public Safety summary report to City Council and Mayor.
(a) By each July 1, the Saint Paul Police Department, in cooperation with Saint Paul Fire and Emergency Management where applicable, will provide an annual report to the City Council related to calls for service related to civil immigration enforcement. The annual report shall summarize any public data available on each call for services related to civil immigration enforcement as well as any related costs, including overtime or the use of specialized equipment, to the City in responding to the call for service. The annual report shall also contain:
(1) the general circumstances and rationale for use of those resources;
(2) any known information on the agency performing the enforcement action;
(3) whether any police reports were filed in relation to the call for service;
(4) if known, whether the enforcement action required emergency medical services to render aid or assistance or resulted in any injuries to members of the public; and
(5) the number of any arrests, if any, made by the Saint Paul Police Department at each event and the basis for those arrests.
(b) The report provided under paragraph (a) will also describe the Saint Paul Police Department’s protocol for determining how calls for service related to civil immigration enforcement are identified, routed, and prioritized by dispatch. The Saint Paul Police Department may request assistance or additional information in preparation of the report from Ramsey County Emergency Communications. The information shall identify the types of police resources that may be deployed in response to a call for service and any general guidance or policies offered to the public from calls arising from immigration enforcement activities in the city.
Section 3.
This ordinance shall take effect thirty (30) days after passage, approval by the Mayor, and publication in the City’s newspaper.