To: Board of Supervisors
From: Sheriff
SUBJECT:
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Set a Public Hearing pursuant to Government Code Section 7283.1(d) to Provide Information to the Public about Immigration and Customs Enforcement’s (ICE) Access to Individuals in 2017 and to Receive and Consider Public Comment on December 18
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors direct the Clerk of the Board to schedule a public hearing on Tuesday, December 18, at 9 am or as soon thereafter as the matter may be heard, to provide information to the public about ICE’s access to individuals and allow public comment; and direct the Clerk of the Board to post and publish the required public hearing notice at least 30 days prior to the public hearing.
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SOURCE OF FUNDING:
Not applicable.
DISCUSSION:
Government Code section 7283.1(d) states: “Beginning January 1, 2018, the local governing body of any county in which a local law enforcement agency has provided ICE access to an individual during the last year shall hold at least one community forum during the following year, that is open to the public, in an accessible location, and with at least 30 days’ notice to provide information to the public about ICE’s access to individuals and to receive and consider public comment. As part of this forum, the local law enforcement agency may provide the governing body with data it maintains regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification request or through other means. Data may be provided in the form of statistics or, if statistics are not maintained, individual records, provided that personally identifiable information shall be redacted.”
In accordance with Government Code section 7283.1(d) the Sheriff’s Office recommends that the Board of Supervisors schedule a public hearing to provide the 2017 ICE statistics regarding the individuals to whom the agency has provided ICE access and to receive and consider public comment. The public hearing is for informational purposes only.
FINANCIAL IMPACT:
There is no financial impact to scheduling the public hearing. If approved by the Board of Supervisors, the 2017 informational report will be presented at the December 18, 2018 meeting.
Setting the public hearing to provide information to the public about ICE’s access to individuals and to receive and consider public comment supports the Board’s Strategic Framework to enforce laws and regulations to protect residents.
OTHER AGENCY INVOLVEMENT:
None.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board may decline to direct that the notice of public hearing be posted and published. This action is not recommended, as the county would be out of compliance with Government Code section 7283.1(d).
ATTACHMENTS:
Attachment 1 - Public Hearing Notice.
PREVIOUS ACTION/REFERRAL:
Board Order No.: None.
Meeting of: None.