3-37
PROCEDURES FOR THE PROTECTION OF SENSITIVE INFORMATION AND USE OF CITY RESOURCES:
3-37.1 Purpose:
The city of Lynwood has long embraced and welcomed individuals of diverse racial, ethnic, religious, and national backgrounds, including a large immigrant population. The city has long derived its strength and prosperity from its diverse community, and welcomes, honors, and respects the contributions of all its residents, regardless of their immigration status. The city is home to immigrants and their families, and it is here where they form and maintain bonds of family, friendship, and love. Immigrants and their families in the city contribute to the economic and social fabric of the city by establishing and patronizing businesses, participating in the arts and culture, and achieving significant educational accomplishments.
Through the city’s commitment to the equal, respectful, and dignified treatment of all people, one of the city’s most important objectives is to enhance its relationship with all its residents, including immigrants. The cooperation of the city’s immigrant community members is essential to advancing the city’s mission, vision, and guiding principles, including community safety, support for youth and education, economic development, and financial stability. The city is safest when all people feel they can participate in civic and public life. Fostering a relationship of trust, respect, and open communication between city officials and residents is essential to the city’s mission of delivering efficient public services in partnership with our community, which ensures a prosperous economic environment, opportunities for youth, and a high quality of life for all residents. Accordingly, the city seeks to continue to foster trust between city officials and residents; to encourage cooperation between residents and city officials; and to ensure public safety and due process for all.
In 2018, the California Values Act (SB 54) went into effect. SB 54 prevents state and local law enforcement resources from being commandeered by the federal government and diverted to tear families apart and violate due process rights. In that spirit, the city also refuses to use limited city resources to assist with the detention and deportation of mothers and fathers, children, neighbors, co-workers, and friends – except as required by federal law. Instead, the city chooses to stand with our immigrant community members.
Due to the city’s limited resources, the complexity of federal civil immigration laws, the need to promote trust and cooperation from the public, including immigrants, and to attain the city’s objectives, the city council finds that there is a need to clarify the communication and enforcement relationship between the city and the federal government. The purpose of this section is to establish the city’s procedures concerning sensitive information and enforcement of federal immigration laws. This section establishes safeguards and procedures, to the extent permissible by law, to prohibit any city resources, including property and personnel, from being utilized for any federal immigration enforcement. Further, to the extent permissible by law, the city will not enter into new, amended, or extended contracts or agreements with any person or entity that provides immigration authorities with any data broker, data-mining, or extreme vetting services connected to federal immigration enforcement, unless a waiver is granted by a minute order of the city council. (Ord. #1787, §1)
3-37.2 Definitions:
The following definitions shall apply to this section:
a. Awarding authority means a subordinate or component entity or person of the city, such as a city department or board of commissioners, that has the authority to enter into a contract or agreement for the provision of goods or services on behalf of the city.
b. City means the city of Lynwood, agency, department, officer, employee, agent, or any awarding authority.
c. City resources means city monies, facilities, property, equipment, or personnel.
d. Company means any person, firm, corporation, partnership, or combination thereof.
e. Contract means any agreement, franchise, lease, or concession, including agreements for any occasional professional or technical personal services, for the performance of any work or service, the provision of any materials or supplies, or the rendition of any service to the city or to the public, which is let, awarded, or entered into with, or on behalf of, the city or any awarding authority thereof.
f. Contractor means any person, partnership, corporation, joint venture, company, individual, sole proprietorship, vendor or other nongovernmental legal or business entity who seeks to contract, submits a qualification statement, proposal, bid or quote or contracts directly or indirectly with the city for the purpose of providing goods or services to or for the city. The term “contractor” shall include any responsible managing corporate officer who has personal involvement and/or responsibility in obtaining a contract with the city or in supervising and/or performing the work prescribed by the contract.
g. Database means any set of records of any sort, electronic or otherwise, that can be queried to retrieve records matching certain criteria and that contain any protected personal information. This includes but is not limited to any database that stores automated license plate reader data, data about any encounters with law enforcement entities and agencies, biometric information, business licenses, or utility service data.
h. Data broker means either of the following:
1. An entity that collects information, including personal information about consumers, from a variety of sources for the purposes of aggregating, sharing, or reselling such information to its customers, which include both private-sector businesses and government agencies; or
2. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
i. Designated administrative agency or DAA means city manager department, which shall bear administrative responsibilities under this chapter.
j. Extreme vetting means data-mining, data-linking technology, threat modeling, predictive risk analysis, and other similar services.
k. Immigration authorities means any person employed by the Department of Homeland Security, which includes U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and U.S. Citizenship and Immigration Services, any other federal agency or department tasked with enforcing federal immigration law, or persons or entities contracted for immigration enforcement purposes.
l. Immigration enforcement action means any investigation, search, inquiry, or action undertaken to enforce federal immigration law, whether civil or criminal, regarding a person’s entry or reentry, presence, or employment in the United States on the basis of immigration or citizenship status.
m. Sensitive information means any information that identifies, relates to, describes, or is capable of being associated with a particular individual and is protected from disclosure by the city in accordance with this chapter, including but not limited to:
1. Name;
2. Signature;
3. Physical characteristics, descriptions, or biometrics, such as facial characteristics, irises, fingerprints, voice, and DNA;
4. Residential, business, or other addresses;
5. Education or employment histories;
6. Telephone numbers;
7. Date of birth;
8. Place of birth;
9. Religion;
10. Sex;
11. Gender;
12. Gender identity;
13. Sexual orientation;
14. Marital status;
15. Age;
16. Citizenship or immigration status;
17. Social Security number or individual taxpayer identification number;
18. Passport number;
19. Driver’s license or state identification card number;
20. Employers, employers’ address, or employment information;
21. House of worship address;
22. Insurance policy numbers;
23. Status as a victim of or witness to a crime;
24. Known or suspected political or organizational affiliations;
25. Status as a recipient of government benefits;
26. Health or disability information;
27. Income;
28. Assets;
29. Debts; and
30. Bank account numbers, credit card numbers, debit card numbers, or any other financial information. (Ord. #1787, §1)
3-37.3 Confidentiality of Sensitive Information:
a. The city shall not request, inquire, or collect or information about sensitive information about any person, except as provided in subsection 3-37.3e.
b. The city shall not disclose sensitive information to immigration authorities in the furtherance of any immigration enforcement action, except as provided in subsection 3-37.3e.
c. All city departments, agencies, or commissions shall review their confidentiality policies annually and identify and implement any changes necessary to prevent the disclosure of sensitive information in the furtherance of any immigration enforcement action, except as provided in subsection 3-37.3e.
d. All vendors collecting information on behalf of the city shall be required to disclose their data sharing policies and enumerate how the use of its data is limited to the provision of city duties or services and is not used or disclosed for any other purpose, except as provided in subsection 3-37.3e. Vendors must disclose all third-party data sharing, and justifications for any third-party sharing. The city shall conduct an annual audit of this information and report on it annually by June 30.
e. This section shall not be applicable upon the following:
1. The written consent of an individual to whom sensitive information pertains (or if such individual is a minor, the consent of that person’s parent or legal guardian);
2. The information or disclosure is necessary to provide a city service, for election-related purposes or appointment to a city office or commission, or as required for purposes of city employment or the disbursement of city funds;
3. The information or disclosure is required by any applicable state or federal law, including 8 U.S.C. Section 1373, or judicial decision. (Ord. #1787, §1)
3-37.4 Prohibition on Use of City Resources:
a. No city resources shall be used to assist in any immigration enforcement action. Nothing in this section shall prevent the city, including any agency, department, officer, employee, or agent of the city, from lawfully discharging their duties in compliance with and in response to a lawfully issued judicial warrant or judicial subpoena, or other order evidencing a judicial determination of probable cause.
b. The prohibition set forth in this section shall include but not be limited to:
1. Identifying, investigating, interrogating, detaining, citing, arresting, holding, transferring, or refusing to release individuals in city custody for the purpose of immigration enforcement action;
2. Responding to any administrative warrant or request by immigration authorities to detain, transfer, notify, or otherwise facilitate the arrest of any individual in city custody for the purpose of immigration enforcement action;
3. Providing immigration authorities access to any non-public areas, including jails or police department property, without a valid search or arrest warrant issued by a federal court of competent jurisdiction;
4. Making individuals in city custody available to immigration authorities for interviews for the purpose of immigration enforcement action;
5. Participating in any operation or joint operation or patrol that involves, in whole or in part, an immigration enforcement action;
6. Providing access to any city databases in the possession of the city in connection with an immigration enforcement action, except as required by state or federal law, including 8 U.S.C. Section 1373, or judicial decision.
c. The DAA shall establish rules and regulations, as approved by the city council, for city employees for the reporting of information that the employee reasonably believes is evidence of a violation of this chapter. (Ord. #1787, §1)
3-37.5 Prohibition on Contracting With Contractors That Provide Services or Goods for Data Collection to Immigration Enforcement Agencies:
a. The city shall not enter into any new contract or amend or extend an existing contract with any contractor that provides data broker or extreme vetting services, directly or indirectly, to immigration authorities. Such prohibited contracts include, but are not limited to:
1. Professional services, including but not limited to, financial, banking, architectural, engineering, design, information technology or consulting services;
2. Software, hardware, electronic equipment and other types of information technology or related cyber network including, without limitation, cloud computing, internet, or cloud-based computer technology or services, or digital purchases.
b. Every contract or amendment thereto with a company shall include the following provisions:
1. Prohibiting the company from providing data broker or extreme vetting services, directly or indirectly, to immigration authorities;
2. Prohibiting the company from disclosing sensitive information, directly or indirectly, in the furtherance of an immigration enforcement action;
3. Prohibiting the company from disclosing sensitive information, directly or indirectly, for additional commercial purposes beyond the scope of the contract with the city;
4. Requiring the company to identify, upon request of the DAA, data retention and destruction policies relating to compliance with this section;
5. Requiring the deletion of any information collected or sold in violation of this section in a timely manner, no longer than thirty (30) days after the request; and
6. Providing that a violation of the foregoing shall constitute a material breach and entitling the city to terminate the contract and otherwise pursue available legal remedies.
c. All requests for information, requests for proposals, or any other solicitation for a contract issued by the city shall include notice of the prohibitions listed above.
d. Each awarding authority shall require that any contractor that enters into a contract with the city shall complete an affidavit, prior to or contemporaneous with entering into the contract, certifying that it is not engaged in providing data broker or extreme vetting services to immigration authorities and that the city, in its sole discretion shall determine such failure.
e. The city’s designated administrative agency shall to the extent permissible by law, remedy any such violations and shall use all legal measures available to rescind, terminate, or void contracts awarded in violation of this section. The designated administrative agency shall consult with the city attorney in such efforts. (Ord. #1787, §1)
3-37.6 Waiver:
In the event the DAA finds an operational or financial need to request a waiver of the requirements of section 3-37.5, the DAA shall request the city council to review such waiver and provide approval by minute order. (Ord. #1787, §1)
3-37.7 Investigation and Reporting:
a. The DAA shall review compliance with this chapter. The DAA may initiate and shall receive complaints regarding violations of this chapter. All officers, employees, departments, boards, commissions, and any company under contract with the city shall cooperate with the DAA in any investigation of a violation.
b. By June 30 of each year, the DAA shall schedule and submit to the city council a written public report regarding compliance with this chapter over the previous year. At minimum, this report must include the following:
1. Detail with specificity the steps taken to ensure compliance with this chapter;
2. Disclosure of any issues with compliance, including any violations or potential violations of this chapter; and
3. Detailed actions taken to cure any deficiencies arising from compliance with this chapter. (Ord. #1787, §1)
3-37.8 Private Right of Action:
a. An individual may institute civil proceedings as provided by law against any company under contract with the city for violating any of the provisions of this chapter, in any court of competent jurisdiction. Proceedings for injunctive relief or writ of mandate may be initiated at any time to the extent permissible by law.
b. An individual prevailing in court under this chapter may be awarded compensatory damages and the imposition of civil penalties up to five thousand dollars ($5,000.00) per violation, as adjudged by the court. In determining the amount of civil penalty, the court shall consider prior violations of this chapter by the violator, and each disclosure of an individual’s sensitive information or participation in each immigration enforcement action shall be a separate violation.
c. A court may award a plaintiff who prevails on a cause of action under subsection 3-37.8a reasonable attorney’s fees and costs. (Ord. #1787, §1)
3-37.9 Compliance Monitoring and Public Records:
a. The city shall document in writing all requests for assistance from immigration authorities, including but not limited to requests for immigration detainers, transfers, interviews, interrogations, notifications, or non-publicly available information about any individual. The documented requests shall include the date, name of the requesting party, title, agency, nature of the information or assistance sought, the legal basis asserted for the request, and the response to the request.
b. All city boards, agencies, commissions, departments, and offices shall provide semi-annual written reports to the DAA aggregating the information collected in subsection 3-37.9a. These reports shall be submitted every six (6) months. These reports shall exclude all personal identifiers and shall also be considered public records within the meaning of the California Public Records Act and shall be publicly disclosed and made available online.
c. The DAA will be responsible for aggregating the information contained in the semi-annual written reports from all city boards, agencies, commissions, departments, and offices and publishing the information online. The DAA will compile this aggregated information into a monitoring report every six (6) months, and the information will be published online in a format that is accessible to all members of the public and will be updated promptly online upon the receipt of each new semi-annual report from a city board, agency, commission, department, or office. (Ord. #1787, §1)