HomeMy WebLinkAboutAMENDED Agenda Packet 7-24-19 Work SessionJuly 24, 2019, Work Session
AMENDED AGENDA
EUGENE CITY COUNCIL
July 24, 2019
12:00 p.m. CITY COUNCIL WORK SESSION Harris Hall, 125 East 8th Avenue
Eugene, Oregon 97401
Meeting of July 24, 2019;
Her Honor Mayor Lucy Vinis Presiding
Councilors Betty Taylor, President Emily Semple, Vice President Mike Clark Greg Evans Chris Pryor Claire Syrett Jennifer Yeh Alan Zelenka
Note: This agenda was amended to reflect the addition of Items 1 and 3.
12:00 p.m. EUGENE CITY COUNCIL WORK SESSION
1. Committee Reports and Items of Interest
• Motion Related to City Manager’s Performance Rating Average
2. WORK SESSION: Implementation of Construction Excise Tax and Use of Affordable
Housing Trust Funds
3. WORK SESSION: Protections for Individuals Ordinance Update
July 24, 2019, Work Session
For the hearing impaired, an interpreter can be provided with 48 hours' notice prior to the meeting. Spanish-language interpretation will also be provided with 48 hours' notice. To arrange for these services, contact the receptionist at 541-682-5010. City Council meetings are telecast live on Metro Television, Comcast channel 21, and rebroadcast later in the week. El consejo de la Ciudad de Eugene agradece su interés en estos asuntos de la agenda. El lugar de la reunión tiene acceso para sillas de ruedas. Se puede proveer a un intérprete para las personas con discapacidad auditiva si avisa con 48 horas de anticipación. También se puede proveer interpretación para español si avisa con 48 horas de anticipación. Para reservar estos servicios llame al 541-682-5010. Las reuniones del consejo de la ciudad se transmiten en vivo por Metro Television, Canal 21 de Comcast y son retransmitidas durante la semana.
For more information, contact the Council Coordinator at 541-682-5010 or visit us online at www.eugene-or.gov.
July 24, 2019, Work Session – Item 2
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY Work Session: Implementation of Construction Excise Tax and Use of Affordable Housing Trust Funds Meeting Date: July 24, 2019 Agenda Item Number: 2 Department: Planning and Development Staff Contact: Stephanie Jennings
www.eugene-or.gov Contact Telephone Number: 541-682-5529
ISSUE STATEMENT Eugene City Council and State Legislature both recognize traditional funding sources for affordable housing—especially federal sources—have declined over time. The reduction in resources available for affordable housing has challenged our community’s ability to meet the housing needs of Eugene residents with limited incomes. To help address this issue Eugene City Council passed Ordinance No. 20609 (Attachment A) in April 2019 implementing a local construction excise tax that will contribute to an Affordable Housing Trust Fund. The ordinance went into effect on July 1, 2019. During this work session, staff will provide an update on CET implementation as well as a proposed timeline, advisory committee structure, and priorities for the Affordable Housing Trust Fund. The work session provides an opportunity for council input on desired outcomes for use of the funds.
BACKGROUND In 2016, Oregon Legislature passed Senate Bill 1533 authorizing Oregon cities and counties to establish a construction excise tax. The law authorizes a city or county to tax new residential and commercial buildings, additions, and alterations. A CET is a one-time tax imposed on new construction, where an established tax rate (percentage) is multiplied by the permit valuation of the construction permit. The CET is assessed at the time building permits are issued. On April 8, 2019, City Council passed an ordinance establishing a local CET. From July 1, 2019, through June 30, 2020, residential and commercial projects will be taxed at .33 percent of the permitted value of eligible improvements. Beginning July 1, 2020, and thereafter, the tax increases to .50 percent. The revenue generated through the CET will accrue in the City’s Affordable Housing Trust Fund to support programs, incentives, and services related to the housing of households earning 100 percent of area medium income and below. In addition, the City intends to designate $500,000 per year of City funds to the Affordable Housing Trust Fund. The first allocation of City funds will occur during the Supplemental Budget process in December 2019.
July 24, 2019, Work Session – Item 2
During the first two years, CET charges will be offset by a reduction in System Development Charges and permit fees so that additional costs are not added to improvements subject to the tax. A fact sheet has been developed to educate the public about the tax and its implementation and is included as Attachment B. The CET is one of many strategies to address barriers to housing affordability, availability and diversity of type identified through the Housing Tools and Strategies initiative. The first quarterly update on progress implementing other strategies will be provided to Council via memo before Summer break.
PREVIOUS COUNCIL DIRECTION April 12, 2017, Work Session - City Council received an introductory presentation on Senate Bill 1533 and directed staff to pursue development of policy options for a CET in collaboration with the Housing Policy Board. December 13, 2017, Work Session – City Council reviewed a set of recommendations from the Housing Policy Board for implementation of a CET. Council directed staff to continue engaging community stakeholders on implementation of a CET. April 9, 2018, Work Session – City Council continued discussion of options for a CET and directed staff to return with a process for council consideration that would identify existing barriers to housing affordability, availability, and diversity of type. January 14, 2019, Council Meeting – City Council directed City staff to create a draft CET ordinance and to schedule a public hearing. February 19, 2019, Public Hearing – Thirty-four people testified at the public hearing on an ordinance imposing a construction excise tax on residential and commercial improvements. April 8, 2019, Council Meeting – City Council adopted an Ordinance Concerning Imposition of a Construction Excise Tax on Commercial and Residential Improvements and Adding Sections 3.730, 3.732, 3.734, 3.736, 3.738, 3.740, 3.742, 3.744, 3.746 and 3.748 to the Eugene Code, 1971.
COUNCIL OPTIONS Provide input into proposed timeline, advisory committee structure, and desired outcomes for the Affordable Housing Trust Fund.
CITY MANAGER’S RECOMMENDATION City Manager currently has no recommendation.
July 24, 2019, Work Session – Item 2
ATTACHMENTS A. Ordinance No. 20609 B. Eugene Construction Excise Tax Overview and Frequently Asked Questions
FOR MORE INFORMATION Staff Contact: Stephanie Jennings, Community Development Division Telephone: 541-682-5529 Staff E-Mail: SJennings@eugene-or.gov
ORDINANCE NO. 20609
AN ORDINANCE CONCERNING IMPOSITION OF A CONSTRUCTION EXCISE
TAX ON COMMERCIAL AND RESIDENTIAL IMPROVEMENTS AND ADDING
SECTIONS 3.730, 3.732, 3.734, 3.736, 3.738, 3.740, 3.742, 3.744, 3.746 AND
3.748 TO THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 3.730, 3.732, 3.734, 3.736, 3.738, 3.740, 3.742, 3.744, 3.746 and
3.748 of the Eugene Code, 1971, are added to provide as follows:
Construction Excise Tax
3.730 Construction Excise Tax - Definitions. The following words and phrases as used
in 3.732, 3.734, 3.736, 3.738, 3.740, 3.742, 3.744, 3.746 and 3.748 of this code shall
have the following meanings:
Area median income. Lane County median household income by household size
as defined by the United States Department of Housing and Urban Development and
published periodically.
City Manager. The city manager or the city manager’s designee.
Commercial. Designed or intended to be used, or actually used, for other than
residential purposes.
Construct or construction. Erecting, constructing, enlarging, altering, repairing,
improving, or converting any building or structure for which the issuance of a building
permit is required by Oregon law.
Improvement. A permanent addition to, or modification of, real property resulting in
a new structure, additional square footage to an existing structure, or addition of living
space to an existing structure.
Net revenue. Revenues remaining after the administrative fees described in section
3.738 of this code are deducted from the total construction excise tax collected.
Residential. Designed or intended to be used, or actually used, for residential
purposes including any residential structure, dwelling, or dwelling unit.
Structure. Something constructed or built and having a fixed base on, or fixed to,
the ground or to another structure.
Value of improvement. The total value of the improvement as determined in the
process of issuance of the building permit.
3.732 Construction Excise Tax – Tax Imposed.
July 24, 2019, Work Session - Item 2
(1) Each person who applies to construct a commercial improvement in the city
shall pay a commercial construction excise tax in the following amounts:
(a) From July 1, 2019 through June 30, 2020: 0.33 percent of the value of
the improvement.
(b) Beginning July 1, 2020: 0.50 percent of the value of the improvement.
(2) Each person who applies to construct a residential improvement in the city shall
pay a residential construction excise tax in the following amounts:
(a) From July 1, 2019 through June 30, 2020: 0.33 percent of the value of
the improvement.
(b) Beginning July 1, 2020: 0.50 percent of the value of the improvement.
(3) The construction excise tax shall be due and payable prior to the issuance of
any building permit.
3.734 Construction Excise Tax - Exemptions.
(1) The construction excise tax shall not apply to any of the following improvements:
(a) Private school improvements;
(b) Public improvements as defined in ORS 279A.010;
(c) Residential housing that is guaranteed to be affordable, under guidelines
established by the United States Department of Housing and Urban
Development, to households that earn no more than 80 percent of the
median household income for the city of Eugene, for a period of at least
60 years following the date of construction of the residential housing;
(d) Public or private hospital improvements;
(e) Improvements to religious facilities primarily used for worship or education
associated with worship;
(f) Agricultural buildings, as defined in ORS 455.315(2)(a);
(g) Facilities that are operated by a not-for-profit corporation and that are:
1. Long term care facilities, as defined in ORS 442.015;
2. Residential care facilities, as defined in ORS 443.400; or
3. Continuing care retirement communities, as defined in ORS
101.020.
(h) Residential dwellings sold for $250,000 or less;
(i) Housing for low-income persons that is exempt from systems
development charges pursuant to section 7.725(c) of this code; and,
(j) Projects granted a multi-unit property tax exemption (MUPTE) by the city.
(2) Any person seeking an exemption may be required to demonstrate that the
improvements are eligible for an exemption and to establish all facts necessary
to support the exemption.
3.736 Construction Excise Tax – Refunds.
(1) A construction excise tax may be refunded to a person that:
(a) Establishes that the tax was paid for improvements that were otherwise
eligible for an exemption under section 3.734 of this code; or
(b) Establishes that construction of the improvements was not commenced
and the associated building permit has been cancelled by the city; or
(c) Establishes that the tax had been erroneously collected.
(2) A request for a refund shall be made within three years from the date of payment
of the construction excise tax on forms provided by the city manager. Denial of
a request for a refund may be appealed as provided for in section 3.744 of this
code.
3.738 Construction Excise Tax – Allocation.
July 24, 2019, Work Session - Item 2
(1) Revenues from the construction excise tax will be allocated to fund programs,
incentives, and services related to the housing of households earning 100
percent of area medium income and below, and in accordance with state law.
(2) Up to 4 percent of the taxes collected may be retained by the city for payment
toward the city’s administrative expenses related to collection and distribution
of the construction excise tax.
3.740 Construction Excise Tax – Interest and Penalties. In addition to assessing any
civil penalties, if the city manager determines that a person has failed to pay to the
city all or any part of the construction excise tax due under section 3.732 of this code,
interest shall be due on the entire unpaid amount, assessed at the rate of .833 percent
simple interest per month or fraction thereof (10 percent per annum), computed from
the original due date of the tax.
3.742 Construction Excise Tax – Implementing Rules. The city manager may adopt
administrative rules pursuant to section 2.019 of this code for implementation of
sections 3.732, 3.734, 3.736, 3.738, 3.740, 3.744, 3.746 and 3.748 of this code, the
billing and collection of the construction excise tax due thereunder, and enforcement
of those provisions.
3.744 Construction Excise Tax – Appeal. Any person aggrieved by any decision under
this code may appeal the decision in the manner provided in section 2.021 of this
code. The appeal shall be heard and determined as provided in section 2.021 of this
code.
3.746 Construction Excise Tax – Violations. No person required to pay a construction
excise tax under section 3.732 of this code may fail to state or to misstate the full
value of the improvement.
3.748 Construction Excise Tax – Program Review. Beginning in 2021, and every two
years thereafter, the city council shall review the overall management and outcomes
of the construction excise tax program.
Section 2. The System Development Charges (SDCs) of persons required to pay the
construction excise tax pursuant to Section 3.732 will be calculated in accordance with City Code
and the City’s adopted SDC Methodology. However, for the period of July 1, 2019 through June
30, 2021, the amount of the construction excise tax the person paid pursuant to Section 3.732
will be subtracted from the total amount of City-imposed SDCs the person owes. The person will
owe the total City-imposed SDC amount remaining after the construction excise tax is subtracted.
Also, the person will owe in its entirety the Regional Wastewater SDC. If the amount of the
construction excise tax the person paid pursuant to Section 3.732 exceeds the total amount of
City-imposed SDCs owed, the excess construction excise tax paid will be subtracted from a permit
fee the person owes.
July 24, 2019, Work Session - Item 2
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What Is the Construction Excise Tax?
In 2016, Oregon Legislature passed Senate Bill
1533 authorizing Oregon cities and counties to
establish a construction excise tax (CET). In May
of 2019, the Eugene City Council passed an
ordinance establishing the tax in Eugene. The tax
will create a dedicated source of funding for
affordable housing. The law authorizes a city or
county to tax new residential and commercial
buildings, additions, and alterations. Specifically,
it applies to all improvements which result in a
new structure, additional square footage to an
existing structure, or addition of living space to
an existing structure.
Why is this tax needed?
Eugene City Council and State Legislature both
recognize traditional funding sources for
affordable housing – especially federal sources-
have declined. Because of this decline, our
community has fallen far behind in meeting the
housing needs of Eugene residents with limited
incomes. The money collected from the CET
will be put into the Affordable Housing Trust
Fund. This fund will provide critical funding and
is one part of a larger effort to help address the
housing challenge.
What does the CET pay for?
Money collected from the CET will go into the
Affordable Housing Fund, which will pay for
projects and programs that increase availability
and access to owner- and renter-occupied
housing that is affordable to lower income
community members. Examples of how these
funds may be used include:
• Gap financing for the development of new
affordable housing
• Acquisition of existing housing that will
become affordable
• Acquisition of land for future affordable
housing development
• Down payment assistance for home buyers
• Rental or security deposit assistance for
people who rent their homes.
CET resources will be used to supplement the
limited federal resources that support the City’s
existing federal affordable housing programs.
Revenues will be allocated to fund projects,
programs, incentives, and services related to the
housing of households earning 100% of area
medium income and below, and in accordance with
state law.
The City is in the process of forming a citizen
advisory committee that will advise on the use of
Affordable Housing Trust Funds resources. It is
anticipated that funds will be allocated to housing
programs and projects starting in early 2020.
Who needs to pay and when?
The CET is required to be paid by the developer or
property owner who is developing property within
Eugene city limits. The CET applies to certain
improvements to property that result in additional
square footage or improvements which create
additional living space. The CET is paid when the
permit is issued.
The CET goes into effect July 1, 2019. For the first
two years of implementation, the CET will be
offset by a reduction in system development
charges (SDC) equal to the amount of the CET. If
the SDCs are less than the total of the CET, permit
fees will be reduced to offset the total of the CET.
This means, for the first two years, there will be
no additional cost to development.
Who is exempt from paying the CET?
The following are exempt from the CET:
• Private school improvements
• Public improvements as defined
in ORS 279A.010
• Residential housing that is guaranteed
to be affordable to households that
earn no more than 80% of the median
household income for a period of at
least 60 years following the date of
construction
• Public or private hospital improvements
• Improvements to religious facilities
July 24, 2019, Work Session - Item 2
primarily used for worship or
education associated with worship
• Agricultural building as
defined by ORS 455.315
• Long term care facilities operated by
a not-for- profit corporation, as
defined in ORS 442.015
• Residential care facilities
operated by a not- for-profit
corporation, as defined in ORS
443.400
• Continuing care retirement
communities operated by a not-
for-profit corporation, as defined
in ORS 101.020
• Residential dwellings sold for
$250,000 or less
• Housing for low-income persons
that is exempt from systems
development charges (SDCs)
pursuant to section 7.725c
• Projects granted a multi-unit
property tax exemption (MUPTE)
by the city.
To demonstrate a project is exempt
from the CET a Construction Excise Tax
Exemption Form must be completed,
signed, and submitted with the building
permit application identifying what
exemptions are applicable to the
project.
How much is the CET?
For the first year, the CET will be 0.33%
of the value of permitted work and will
increase to 0.5% the following year. It is
projected to remain at 0.5% for every
year thereafter.
How long is the CET active?
Based on legislation adopted in 2016, the
City can continue levying the tax for an
indefinite amount of time. Eugene City
Council will review the overall
management and outcomes of the
program every two years.
Whom can I contact for more information?
If you have additional questions, you may
contact the City of Eugene’s Building and Permit
Services by phone: (541) 682-5086.
Additional information on the affordable
housing programs and the advisory
committee can be found at:
eugene-or.gov/affordablehousingfund
What is “affordable housing” and how
can I learn more about City affordable
housing programs and resources?
Across the United States, housing costs are
considered “affordable” if the monthly rent or
mortgage, plus utilities, add up to no more
than one-third (or 30%) of gross household
earnings. Affordable housing developments
receive public subsidies in exchange for a
commitment to provide homes with limited
rents for people with limited incomes.
The City of Eugene has supported the creation
of affordable housing using both federal and
local funds for over 40 years.
www.eugene-or.gov/bps Planning & Development 99 W. 10TH Avenue, Eugene, OR 97401 Building and Permit Services P 541.682.5086 * F 541.682.5593
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July 24, 2019, Work Session – Item 3
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Work Session: Protections for Individuals Ordinance Update Meeting Date: July 24, 2019 Agenda Item Number: 3 Department: Central Services Staff Contact: Jennifer Lleras Van Der Haeghen
www.eugene-or.gov Contact Telephone Number: 541-682-5619
ISSUE STATEMENT The City Council established and Ordinance for the Protection of Individuals in March of 2017. This ordinance provides certain protections for all Eugene residents, including immigrants. Following the passage of this ordinance the Eugene City Council requested a work session to better understand which individually-identifiable data is collected and how it’s maintained. This information was provided in June of 2018 to help the City Council determine if there are amendments to this ordinance that the City Council would like to adopt. Following that presentation and discussion, the City Council requested that staff draft potential language for amendment adoption to limit the information collected and maintained related to individually-identifiable immigration status information. This presentation will include an overview of past actions, how City of Eugene staff has implemented council policy direction, offer potential language to be adopted as amendments, and share additional policies that address individually-identifiable information collection and maintenance.
BACKGROUND At the November 14, 2016, meeting, City Council passed Resolution No. 5174, “declaring the City of Eugene’s commitment to being a welcoming, inclusive, and safe community for everyone.” In response to continued community interest, City Council—at their December 12, 2016, meeting—directed the Mayor to form an ad hoc committee to establish concepts, goals and outcomes for a potential ordinance. The Ad Hoc Committee met twice in late January and early February, and presented their proposed outcomes for an ordinance to council at the February 22 work session. At the February 22, 2017, work session, council passed a motion to bring back a proposed ordinance for public hearing that would adopt the provisions of Oregon Revised Statutes 181A.820 and 181A.250 related to law enforcement personnel; expand the applicability of ORS 181A.820 to cover all other city employees; and prohibit all other city employees from collecting and maintaining information regarding political, religious or social views of individuals On March 13, 2017, City Council unanimously passed the Protections for Individuals Ordinance (Ordinance 20579). This ordinance provides certain protections for all Eugene residents, including immigrants. This action put provisions of an existing state law into City Code preventing the use of City resources (moneys, equipment or personnel) to detect or apprehend individuals
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whose only violation of the law is that they are present in the United States in violation of federal immigration laws. Beyond the Ordinance, the Mayor’s Ad Hoc Committee had proposed an expansion that would require the City of Eugene be prohibited from collecting individually identifiable information as it relates to 16 categories. These categories include: immigration status, race, ethnicity, national origin, gender, gender identity, sexual orientation, housing status, disability, association, activities, organization, corporation, business, partnership or group. In May 2018, to better understand the potential impact of amending the Ordinance, the City Manager directed City Departments review their existing policies and practices regarding data collection regarding these 16 categories and report back on a series of questions in order to equip council with the information needed to make a well-informed decision on potential amendments to Ordinance 20579. In June 2018, this information was presented to the City Council at a work session. The presentation included data gathered from each City of Eugene Department. This data was thorough but not fully comprehensive due to time and capacity limitations. From the data provided, staff found that the City of Eugene is primarily collecting data in three core categories. Those categories are when information is legally required, in service provision, and to advance equity goals. There were two areas where collection of individually-identifiable information was more prevalent: in employment-related process and in program service delivery where a person’s individual experience (e.g., a person has a disability or is currently unhoused) may qualify them for services. Based on the information collected, immigration status information was only collected in employment-related process and/or when shared voluntarily. At this work session the City Council requested staff return at a future work session to codify language that would limit City of Eugene employees from collecting or maintaining individually-identifiable immigration status in certain circumstances. Draft language is attached and will be discussed at the July 24 work session. The City Council also asked that the City Manager put policies in place to address collection and maintenance of individually-identifiable immigration status as an interim measure until council could act on potential amendments. In September 2018, the City Manager signed Administrative Order No. 21-18-09 Establishing City Policy Prohibiting Collection and Maintenance of Immigration Status by City Employees Except in Certain Circumstances. This action confirmed a commitment to City of Eugene law enforcement personnel fully implementing the Eugene Code Sections 2.495 and 2.497 regarding immigration status information and prohibited City of Eugene employees from collecting or maintaining immigration status information except when voluntarily provided or required to comply with state or federal law. Upon the adoption of Administrative Order No. 21-18-09 city staff received electronic communications about the order. Executive Directors of each department conveyed the information to their employees. In some cases, especially with city staff who have a high level of community engagement at public events, City of Eugene staff received training on how to properly adhere to the Ordinance and Administrative Order in their daily activities. This training was developed with guidance from the City Attorney’s Office and is provided by the Office of Human Rights and Neighborhood Involvement.
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At this work session, staff will provide an overview of past actions taken by the City Council and City of Eugene staff, review language for a potential amendment to the Protections of Individuals Ordinance, and learn about administrative policies that will be added to the City of Eugene Administrative Policy Manual that all staff are required to adhere to in their course of work with the City. Staff also plan to discuss potential additions and clarifications to internal policy about the collection and maintenance of individually-identifiable information, especially as it relates to information that may be gathered through application processes for license or employment.
PREVIOUS COUNCIL DIRECTION Work Session: February 22, 2017 Council passed a motion to bring back a proposed ordinance for public hearing that would adopt the provisions of ORS 181A.820 and 181A.250 related to law enforcement personnel; expand the applicability of ORS 181A.820 to cover all other city employees; and prohibit all other city employees from collecting and maintaining information regarding political, religious, or social views of individuals
Meeting: March 13, 2017 Council established Ordinance for the Protections of Individuals Meeting: June 13, 2018 Council updated on the Ordinance for Protection of Individuals and Groups. Council directed staff to return with language to consider that would strengthen protections for immigrants.
COUNCIL OPTIONS The Council may choose to: a. Request more information in preparation for a decision on the proposed amendments b. Vote to initiate the process to amend Ordinance 20579 c. Take no action at this time
ATTACHMENTS A. Protections for Individuals Ordinance (Ordinance 20579) B. Draft Code Amendment to 2.947 C. Administrative Order No. 21-18-09
FOR MORE INFORMATION Staff Contact: Jennifer Lleras Van Der Haeghen Telephone: 541-682-5619 Staff E-Mail: jvanderhaeghen@eugene-or.gov
ATTACHMENT A
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July 24, 2019, Work Session – Item 3
July 24, 2019, Work Session – Item 3
2.495 Protections for Individuals.
(1)The city shall not use city law enforcement moneys, equipment or
personnel for the purpose of detecting or apprehending persons whose
only violation of law is that they are persons of foreign citizenship
present in the United States in violation of federal immigration laws.
(2)Notwithstanding subsection (1) of this section, city law enforcement
personnel may exchange information with the United States Bureau of
Immigration and Customs Enforcement, the United States Bureau of
Citizenship and Immigration Services and the United States Bureau of
Customs and Border Protection in order to:
(a)Verify the immigration status of a person if the person is arrested
for any criminal offense; or
(b)Request criminal investigation information with reference to
persons named in records of the United States Bureau of
Immigration and Customs Enforcement, the United States Bureau
of Citizenship and Immigration Services or the United States
Bureau of Customs and Border Protection.
(3)Notwithstanding subsection (1) of this section, city law enforcement
personnel may arrest any person who:
(a)Is charged by the United States with a criminal violation of federal
immigration laws under Title II of the Immigration and Nationality
Act or 18 U.S.C. 1015, 1422 to 1429 or 1505; and
(b)Is subject to arrest for the crime pursuant to a warrant of arrest
issued by a federal magistrate.
(4)As used in this section, “warrant of arrest” has the meaning given that
term in ORS 131.005.
(5)All non-law enforcement personnel working for the city also shall not
use city moneys, equipment or personnel for the purpose of detecting
or apprehending persons whose only violation of law is that they are
persons of foreign citizenship present in the United States in violation of
federal immigration laws.
(Section 2.495 added by Ordinance No. 20579, enacted March 13, 2017, effective April 15,
2017.)
2.497 Information Not to Be Collected or Maintained.
(1)No city law enforcement personnel may collect or maintain information
about the political, religious or social views, associations or activities of
any individual, group, association, organization, corporation, business
or partnership unless such information directly relates to an
investigation of criminal activities, and there are reasonable grounds to
suspect the subject of the information is or may be involved in criminal
conduct.
(2)No non-law enforcement personnel working for the city may collect or
maintain information about the political, religious or social views of any
individual.
ATTACHMENT B
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(3)No city employee may collect or maintain individually identifiable
immigration status information unless (a) such collection and
maintenance is required to comply with state or federal law; (b) the
individually identifiable immigration status information is
voluntarily provided to the City by the individual; or (c) the
information is provided to the City as part of a City application
process for employment or a contract with the City, or a business
permit or license from the City.
(Section 2.497 added by Ordinance No. 20579, enacted March 13, 2017, effective April 15,
2017.)
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ATTACHMENT C
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July 24, 2019, Work Session – Item 3