ORDINANCE NO. _____, SERIES 2017
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AN ORDINANCE CREATING A NEW SECTION OF CHAPTER 39 OF
THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT
CODE OF ORDINANCES (“LMCO”) RELATING TO EMPLOYEE
AUTHORITY IN IMMIGRATION MATTERS.
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SPONSORED BY: COUNCIL MEMBERS BLACKWELL, COAN, GREEN,
HOLLANDER AND JAMES
WHEREAS, Louisville Metro is a city of compassion, a city that embraces our
foreign-born neighbors and strives to be welcoming, hospitable and safe; and
WHEREAS, Louisville Metro values our growing immigrant and refugee
community and wants to ensure its safety and access to needed resources and city
services; and
WHEREAS, the Louisville Metro Police Department’s (“LMPD”) role is to protect
and serve all the residents of our community; and
WHEREAS, LMPD works with the community to build relationships that are
essential in helping people stay safe and in solving crimes; and
WHEREAS, a broad coalition of police chiefs across the country have taken the
position that, “build[ing] trusting and supportive relations with immigrant communities . .
. is essential to reducing crime and helping victims”; and
WHEREAS, studies have shown statistically that crime is significantly lower in
jurisdictions that have adopted policies that promote positive relationships between
residents – regardless of their immigration status – and police, showing on average 35.5
fewer crimes per 10,000 people in such jurisdictions, which would correlate to
approximately 2,700 fewer crimes in Louisville Metro each year; and

 WHEREAS, the Kentucky Center for Investigative Reporting reported that LMPD
has been assisting U.S. Customs and Immigration Enforcement to serve local warrants,
make traffic stops and knock on the doors of non-violent offenders wanted for
immigration offenses; and
WHEREAS, clarity is needed to define local and federal roles, responsibilities,
authorities and procedures relating to Metro Government employees in immigration
matters.
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF
THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: A new section of the Louisville/Jefferson County Metro Government
Code of Ordinances (“LMCO”) Chapter 39 is hereby created as follows:
(A)

Purpose and policy statement.

This section clarifies the communication and

enforcement relationship between Metro Government and the United States
Department of Homeland Security ("DHS") and other federal agencies with respect to
the enforcement of civil immigration laws. Metro Government is committed to working
cooperatively with DHS, as it does with all state and federal agencies. Metro
Government respects the role of DHS in enforcing immigration laws in the United
States, Kentucky, and Louisville Metro. This section is not intended to limit the proper
enforcement of generally applicable laws, but rather to state the policy of Metro
Government that all residents are equally entitled to protection, and that all residents
should be able to access Metro Government services to which they are entitled, without
regard to their immigration status under federal law.
(B)

Public safety services.

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 (1) To the extent permitted by law, in providing public safety services, employees of the
Louisville Metro Police Department (“LMPD”), Louisville Metro Department of
Corrections (“LMDC”) and other Metro Government peace officers (collectively,
“Public Safety Officials”), shall be governed by the following requirements:
(a) Public safety officials may not undertake any law enforcement action, such as
entering into Section 287(g) agreements with U.S. Customs and Immigration
Enforcement

(“ICE”), for

the

purpose of

detecting

the

presence

of

undocumented persons, persons out of status, or persons unlawfully residing in
the United States (collectively "undocumented"), or to verify immigration status,
including but not limited to questioning any person or persons about their
immigration status.
(b) Public safety officials may not question, arrest or detain any person for
violations of federal civil immigration laws except when immigration status is an
element of the crime or when enforcing 8 U.S.C. 1324(c).
(c) Nothing in this section shall prohibit public safety officials from assisting federal
law enforcement officers in the investigation of criminal activity involving
individuals present in the United States who may also be in violation of federal
civil immigration laws. If requested, public safety officials will provide support to
ICE only for cases where a judicially authorized warrant exists; a felony or
violent crime is in progress or was recently completed; or ICE articulates a
reasonable suspicion of a risk of violence or an emergency situation when there
is a clear danger to the public.

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 (d) Nothing in this section prohibits public safety officials from adequately
identifying criminal suspects or assessing the risk of flight of criminal suspects.
(e) Where presentation of a state driver's license is customarily accepted as
adequate evidence of identity, presentation of a photo identity document issued
by the person's nation of origin, such as a driver's license, passport, or
consulate-issued document, or of a photo identity document issued by any
Kentucky county, should not subject the person to an inquiry into the person's
immigration status.
(2) All such use of Metro public safety officials relating to immigration matters under this
section shall be documented, including any applicable DHS mission statement and
operational guidelines, the reason for the dispatch of officials, the name of the
requesting DHS agent, and the name of the officer authorizing the use of Metro
personnel.
(3) Supervisors of public safety officials shall include information regarding Metro
Government's policy and expectations as set forth in this section, in the orientation
of new employees and as part of Metro Government's employee on-going in-service
training.
(C)

General Louisville Metro Government services.

(1)

General Metro Government services defined. General Metro Government

services shall mean all Metro Government services excepting those services specifically
listed as public safety services in subsection (B) above.

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 (2) To the extent permitted by law, in determining eligibility for, and providing general
Metro Government services, Metro employees shall be governed by the following
requirements:
(a) Metro employees are to carry out their regular duties for the purpose of
administering general Metro Government services and programs.

With the

exception of inquiries required by law, no Metro officer or employee should
inquire into the immigration status of any person or request any documents or
information verifying the immigration status of any individual.
(b) Metro employees shall follow general city, state and federal guidelines to
assess eligibility for services.

Employees shall only solicit immigration

information or inquire about immigration status when specifically required to do
so by law or program guidelines as a condition of eligibility for the service
sought. Metro employees may require evidence of a person's identity and may
ask to see a person's personal identifying documents only when specifically
authorized and required to do so by the employee's work duties.

The

confidentiality of such information shall be maintained to the fullest extent
permitted by the laws of the United States and the Commonwealth of Kentucky.
Metro employees shall not discriminate against any current or potential service
users on the basis of immigration status.
(c) Metro employees and representatives shall not use Metro Government
resources or personnel solely for the purpose of detecting or apprehending
persons whose only violation of law is or may be being undocumented.

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 (d) Where presentation of a state driver's license is customarily accepted as
adequate evidence of identity, presentation of a photo identity document issued
by the person's nation of origin, such as a driver's license, passport, or
consulate-issued document, or of a photo identity document issued by any
Kentucky county, shall not subject the person to an inquiry into the person's
immigration status.
(3) Supervisors of general Metro Government services employees shall include
information regarding Metro Government's policy and expectations as set forth in
this section in the orientation of new employees and as part of Metro Government's
employee on-going in-service training.
(D)

Complaints and discipline.

(1) An employee of Metro Government who violates this section may be subject to
disciplinary action, such as oral reprimands, written reprimands, suspension without
pay, and/or discharge, under the appropriate union contract, civil service
commission rules, or department work rules.
(2) Complaints of a violation by an employee of LMPD or LMDC shall be received and
investigated by their respective Professional Standards Unit (“PSU”), except for
investigations by the LMPD Public Integrity Unit. Complaints of a violation of this
section by an employee of any other Metro Government departments shall be
received and investigated by the director of the Human Resources Department
(“HR”). The results of any such investigation shall be provided to the complainant in
writing within seven (7) days of the completion of the investigation, which shall
occur no later than one year after receipt of the complaint absent extraordinary

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 circumstances that require a longer investigation.

Complainants and witnesses

shall not be asked to provide their immigration status at any point during the
complaint process, and no investigation of the immigration status of the complainant
and witnesses shall be made by any Metro Government personnel in the
investigation of such a complaint or thereafter.
(3) LMPD, LMDC and HR shall prepare and file in April of each year with the Metro
Council and the Mayor’s Office an annual report and recommendations regarding
the implementation of this section.
(E)

Subpoena.

Nothing in this section prohibits Metro Government employees from

responding to a properly issued subpoena.
SECTION II: Severability. If a subsection of this section is found to be invalid for
any reason, the remaining subsections of the section shall continue in full force and
effect.
SECTION III: This Ordinance shall take effect upon its passage and approval.

_______________________________
H. Stephen Ott
Metro Council Clerk

_____________________________
David Yates
President of the Council

_______________________________
Greg Fischer
Mayor

_____________________________
Approval Date

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 APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney

BY: _______________________________

O-342-17 AN ORDINANCE… RELATING TO EMPLOYEE AUTHORITY IN IMMIGRATION MATTERS.FINAL.09.25.17.DOCX

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