ORDINANCE NO. ______N.S AN ORDINANCE OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, ADOPTING A SANCTUARY CITY CONTRACTING AND INVESTMENT POLICY The City of Richmond does ordain as follows: SECTION 1. Title This ordinance shall be known as the Sanctuary City Contracting and Investment Ordinance. SECTION 2. Definitions 1) “City” means the City of Richmond, California. 2) “Data Broker” (also commonly called information broker, information reseller, data aggregator, and information solution provider) means either of the following: a) The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector businesses and government agencies; b) The aggregation of data that was collected for another purpose from that for which it is ultimately used. 3) “Extreme Vetting” means data-mining, threat modeling, predictive risk analysis, or other similar service. 
 4) “ICE” means the United States Immigration and Customs Enforcement, and any subdivision thereof. 
 5) “Person or Entity” means any natural person, corporation, institution, subsidiary, affiliate, or division under operating control of such person; the parent entities that have operating control over such person, and the subsidiaries, affiliates and divisions under operating control of such parent entity. SECTION 3. Prohibition on Use of City Resources 1) No officer, employee, department, board, commission, City Council, City Manager, or other entity of the City shall enter into a new, amended, or extended contract or agreement with, any Person or Entity that provides ICE with any “Data Broker” or “Extreme Vetting” services, as defined herein, unless the City Council makes a specific determination that no reasonable alternative exists, taking into consideration the following: a) The intent and purpose of this ordinance; b) The availability of alternative services, goods and equipment; and c) Quantifiable additional costs resulting from use of available alternatives. 
 2) All public works, construction bids, requests for information, requests for proposals, or any other solicitation issued by the City shall include notice of the prohibition listed above. 3) For the purpose of determining which Person or Entity provides ICE with Data Broker or Extreme Vetting services, the City Manager shall rely on: a) Information published by reliable sources; b) Information released by public agencies; c) A declaration under the penalty of perjury executed by the Person or 
Entity, affirming that they do not provide Data Broker or Extreme Vetting 
services to ICE; and d) Information submitted to the City Manager by any member of the 
public, and thereafter duly verified. 
 4) Any Person or Entity identified as a supplier of Data Broker or Extreme Vetting 
services to ICE and potentially affected by this section shall be notified by the City Manager of the determination. Any such Person or Entity shall be entitled to a review of the determination by appeal to the City Manager. 
 Request for such review shall be made within thirty (30) days of notification, or seven (7) days of the date of a City solicitation or notice of a pending contract or purchase, of interest to the Person or Entity seeking review. Any Person or Entity vendor so identified may appeal the City Manager’s determination to the City Council, within fifteen (15) days of the determination. SECTION 4. Prohibition on Investment 1) The City of Richmond shall not make any investment in stocks, bonds, securities, or other obligations issued by any provider of Data Broker or Extreme Vetting services to ICE. 
 2) The City Council shall adopt a plan with respect to pension fund investments and shall implement such a plan consistent with the intent of this act. SECTION 5. 
Investigation And Reporting 1) The City Manager, or his or her designee, shall review compliance with Sections 3-4. The City Manager may initiate and shall receive and investigate all complaints regarding violations of Sections 3- 4. After investigating such complaints, the City Manager shall issue findings regarding any alleged violation. If the City Manager finds that a violation occurred, the City Manager shall, within 30 days of such finding, send a report of such finding to the City Council, the Mayor, and the head of any department involved in the violation or in which the violation occurred. All officers, employees, departments, boards, commissions, and other entities of the City shall cooperate with the City Manager in any investigation of a violation of Sections 3-4. 2) The City Manager shall coordinate with the City Attorney’s office to remedy any such violations, and the City Attorney is authorized to use all legal measures available to rescind, terminate, or void contracts awarded in violation of this ordinance. 3) By April 1 of each year, each City department shall certify its compliance with this ordinance by written notice to the City Manager. 4) By May 1 of each year, the City Manager shall schedule and submit to the City Council a written, public report regarding the department’s compliance with Sections 3-4 over the previous calendar year. At minimum, this report must (1) detail with specificity the steps the department has taken to ensure compliance with Sections 3-4, (2) disclose any issues with compliance, including any violations or potential violations of this Ordinance, and (3) detail actions taken to cure any deficiencies with compliance. 
 SECTION 6. Enforcement 1) Cause of Action. Any violation of this Ordinance constitutes an injury, and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this Ordinance. 
 2) Attorney’s Fees and Costs. A court may award a plaintiff who prevails on a cause of action under subsection (a) reasonable attorney’s fees and costs. 3) Any Person or Entity knowingly or willingly supplying false information in violation of Section 3 (3)(c), may be guilty of a misdemeanor and be subject to a fine of up to $1,000. 
 SECTION 7. Severability The provisions in this Ordinance are severable. If any part of provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid, the remainder of this Ordinance, including the application of such part or provisions to other persons or circumstances, shall not be affected by such holding and shall continue to have force and effect. SECTION 8. Construction The provisions of this Ordinance are to be construed broadly to effectuate the purposes of this Ordinance. SECTION 9. Effective Date This Ordinance shall take effect on _____________. First introduced at a regular meeting of the City Council on May 15, 2018 and finally passed and adopted at a regular meeting held on ________ by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: CLERK OF THE CITY OF RICHMOND Approved: Mayor Approved as to form: City Attorney