Explanation
This purpose of this code change is to prohibit the use of city-controlled spaces in federal civil immigration enforcement activity, and to define restricted and semi-restricted areas for the purposes of controlling how those spaces are accessed by immigration enforcement officers with or without the authority to do so. The code further directs the Director of Finance and Management to craft rules and signage reflecting the city’s restrictions on use.
In response to the disruptive nature of the aggressive tactics employed by federal immigration enforcement officers, this ordinance is one in a package of policies intended to curb federal overreach and abusive enforcement practices. These policies reflect Council’s commitment to ensuring that Columbus is a place where people can feel safe going to work, opening businesses and investing in their future.
Emergency action is requested in order to immediately enact space use restrictions in advance of anticipated activity here in central Ohio.
Title
To create new chapter 155 - City Property and Immigration Enforcement Matters; and to declare an emergency.
Body
WHEREAS, Columbus is a welcoming city and is home to thousands of immigrants, refugees, and naturalized residents; and
WHEREAS, Columbus City Council has an obligation to enact policies that protect our residents as well as the employees of the City of Columbus; and
WHEREAS, this ordinance is one in a package of policies intended to curb federal overreach and abusive enforcement practices; and
WHEREAS, this code change restricts the use of city-controlled property by immigration enforcement officials for the purposes of staging or for immigration enforcement activities, absent the legal authorization to do so; and
WHEREAS, an emergency exists in the usual daily business of City Council in that it is immediately necessary to authorize this code change in response to anticipated immigration enforcement activity in Columbus to preserve the public peace, property, health or safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Columbus City Codes are hereby amended with the creation of Chapter 155 - City Property and Immigration Enforcement Matters, which reads as follows:
Chapter 155 - City Property and Immigration Enforcement Matters
155.01 - Purpose and Policy Statement
This chapter clarifies the communication and enforcement relationship between the city and the United States Department of Homeland Security and other federal agencies with respect to the enforcement of civil immigration laws. The city does not operate its programs for the purpose of enforcing federal immigration laws. The United States Department of Homeland Security has the legal authority to enforce immigration laws in the United States, in Ohio, and in the city.
155.02 - Access to City-Controlled Property
(a) As used in this chapter:
(1) “Confidential information” means sensitive data protected from unauthorized disclosure including, but not limited to, any personal information as defined in RC §149.45(A)(1)(a-e), protected health information as defined in RC §3701.17(A)(2), or any security record as defined in RC §149.433(A).
(2) “Restricted area” means non-public areas in city-controlled buildings and spaces where access is limited to authorized personnel only. Restricted area includes, but is not limited to, areas in which protected, private and/or confidential information is stored, including electronic storage. Restricted Areas are characterized as any area where unauthorized entry could compromise employee safety or where confidential files or data and protected information are maintained.
(3) "Staging area" means an area that is used to assemble, mobilize, and/or deploy vehicles, equipment, or materials, and related personnel, for the purpose of carrying out operations for the enforcement of civil federal immigration laws.
(4) “Semi-restricted area” means a designated space within city-controlled buildings or spaces where access is limited to city of Columbus employees and invited guests. Semi-restricted areas include any area that is not intended to be widely accessible to the general public, but can be accessed by non-city of Columbus employees when invited and/or accompanied by authorized personnel.
(b) City-controlled parking lots, vacant lots, and garages are not open to the general public without restrictions. No federal, state, local, or other governmental entity or personnel is authorized to use any city-controlled parking lot, vacant lot, or garage as a staging area, processing location, operations base, or any other similar use for enforcing federal immigration laws. Such spaces are not available to the general public for similar activities, and federal, state, or local government entities or personnel shall not receive special or enhanced access to city property for operations enforcing federal immigration laws.
(c) It shall be the policy of the City of Columbus that neither restricted areas nor semi-restricted areas are open for the purpose of enforcement of federal immigration laws except with a judicial warrant, when access is otherwise required by law, or under extenuating circumstances. The authority to consent to a search of City-owned and/or City-controlled buildings and spaces, including in restricted or semi-restricted areas, for the purposes of enforcement of federal civil immigration laws lies solely with City elected officials, the directors of departments, and other administrative officers of the City.
(d) City-owned property shall not be let, licensed, or otherwise be permitted to be used in contravention of the policies provided for in this chapter unless otherwise required by law.
(e) This section is not intended to and shall not be construed so as to interfere with the city’s obligations to comply with the terms of any lease, license, agreement, or contract in effect as of the effective date of this section. This section does not apply to property owned or leased by the federal government or the state of Ohio and operated by or leased to the city.
155.03 - Implementation and Enforcement
(a) The Director of the Department of Finance and Management shall promulgate rules and regulations consistent with the requirements of this chapter for the management of access to City-owned and/or City-controlled buildings and spaces.
(b) The Director of the Department of Finance and Management shall ensure that City-controlled properties have clear signage stating that the property is controlled by the City of Columbus and that it is not authorized for use in any federal civil immigration enforcement operations.
(c) The Director of the Department of Finance and Management shall further ensure that, wherever appropriate as determined by the Director, physical barriers such as locked gates are used to limit access to city-controlled parking lots, vacant lots, and garages. Other city departments with administrative oversight over city-controlled parking lots, vacant lots, and garages shall work collaboratively with the Director in identifying the need for and installing the necessary physical barriers.
(d) A city employee who becomes aware of the use any city-controlled parking lot, vacant lot, or garage as a staging area, processing location, operations base, or any other similar use for enforcing federal immigration laws shall immediately report such violation to at least one of the following, including as much information as they can recollect:
(1) The employee’s department director;
(2) The Director of the Human Resources Department;
(3) The human resources employee or representative in the employee’s department.
Failure to so report may result in an investigation and disciplinary action.
(e) The Director of Finance and Management shall design a signage template that private property owners and leaseholders may use to identify properties owned by entities other than the city of Columbus in which a property owner or leaseholder wishes to lawfully restrict activities related to federal civil immigration enforcement. The Director shall cause the template to be published and maintained on the city of Columbus’ official website, as well as included in the city bulletin, not later than 30 days after the effective date of this section.
155.04 - Scope
Nothing in this chapter shall be construed as restricting or interfering with the execution of court orders or lawful judicial warrants, or the enforcement of criminal violations of law, nor as limiting the rights of any person or entity under state or federal law.
SECTION 2. That for reasons stated in the preamble hereto, which is hereby made a part thereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.