Tucson, Arizona; December 4, 201 8 Page 1 of 4 CITY OF TUCSON, ARIZONA INITIATIVE PETITION TO THE HONORABLE MAYOR AND COUNCIL, AND THE CITY CLERK OF THE CITY OF TUCSON: The undersigned residents and duly quali?ed electors of the City of Tucson, Arizona do hereby submit and pr0pose to you, for adoption, the following ordinance. We request that you take action relative to the adoption or rejection of such proposed ordinance as soon as possible, and that the same be forthwith submitted to a vote of the people, to?wit: OFFICIAL TITLE TUCSON FAMILIES FREE AND TOGETHER AN INITIATIVE MEASURE Be it enacted by the peeple of the City of Tu cson: The following amendments to the Tucson City Code to provide for the safety and security of all persons in Tucson and to ensure that no person is fearful to engage with local law enforcement or participate ?rlly in the community, valid when approved by a majority of the quali?ed electors voting thereon: AMEND TUCSON CITY CODE CHAPTER 17, RELATING TO HUMAN RELATIONS, TO PROVIDE FOR THE SAFETY AND SECURITY OF ALL PERSONS, AND PROVIDE FOR SEVERABILITY. Section 1: Declaration of Policy Section 1 of Chapter 17 (?Human Relations?) is hereby amended to eliminate the period at the end of the current section and to add the following at the end of the current section: ?and in local policing. It is the policy of the city that the city be a sanctuary and safe re?rge for all persons, regardless of race, color, ethnicity, immigration status, ability to speak English, mode of dress, religion, national origin, sex, gender identity, sexual orientation, disability, economic status, and familial or marital status. Further, the city is committed to protecting and defending all people, and upholding the self- evident truths that all peeple are created equal and endowed with the unalienable rights of life, liberty and sanctuary.? Section 2: Chapter 17 of the Tucson City Code is amended to read: if) 03 Chapter 17 (?Human Relations?) is hereby amended to add a new Article X, to read as follows: :3 Sec. 17-80. Title. 3 This article shall be known and may be cited as the ?Tucson Families Free and Together Ordinance?. 32:3, 0? m: 1 Sec. 17-81. De?nitions. :5 .. ??35 a. In this article, unless the context otherwise requires: (1) ?Arrest? has the meaning given by A.R.S. 13-3881, except that the term shall not include where an of?cer releases a person from custody pursuant to A.R.S. 13-3903, or its successor statute. (2) ?Consensual Contact? means a voluntary interaction between an of?cer and a person, where a reasonable person would clearly understand that he or she is free to leave. The term includes, but is not limited to, the following categories of persons: (1) an alleged crime victim as to Whom there is no reasonable suspicion that he or she committed or is committing a crime; (2) a witness as to whom there is no reasonable suspicion that he or she committed or is commit?ng a crime; (3) a vehicle passenger as to whom there is no reasonable suspicion that he or she committed or is committing a crime. (3) ?Detainee? means a person who is subject to a detention. (4) ?Detention? means the temporary restraint of a person?s movement by an of?cer, short of an arres?g where there exists reasonable suspicion or probable cause to believe the person has committed, is committing, or is about to commit a misdemeanor, a felony, a traf?c offense pursuant to Title 28 of Arizona Revised Statutes, or an offense of the code. ?Detention? and ?stop? shall have the same meaning. (5) ?Determine? has the meaning given by A.R.S. or its successor statute. (6) ?Federal Of?cer? means a sworn federal law enforcement of?cer or a federal peace of?cer who is employed by an agency of the United States and is certi?ed as such under the rules and regulations of the o?icer?s federal agency. (7) ?Immigration Status? means the civil immigration status of a person under federal law, and excludes criminal violations of Sections 1325 and 1326 of Title 8 of the United States Code. (8) ?Intentionally? and ?Knowingly? have the meanings found in A.R.S. 13-105. (9) ?Juvenile? means any peISOn who is under the age of 18. (10) ?O?i cer? means a person certi?ed as an Arizona peace of?cer pursuant to A.R.S. 41-1823, or its successor statute, and who is: (1) an employee of the city; 'or (2) is engaged as a reserve police o?icer; or (3) is performing law enforcement duties pursuant to a Special duty police services agreement. (11) ?Person? means a natural person. (12) ?Reasonable Attempt? means an attempt by of?cers to obtain additional information from a detainee that does not prolong or add time to the underlying detention. (13) ?School? includes any public, private, or charter school, kindergarten through grade twelve. Sec. 17-82. Detentions and lawful stops; General. a. An of?cer shall not detain a person based on that person?s race, color, ethnicity, ability to speak English, mode of dress, religion, national origin, sex, gender identity, sexual orientation, disability, economic status, and familial or marital status, unless such factor is part of a speci?c suspect description linking that person to a particular crime. b. An officer shall not detain a person to determine such person?s immigration status. 0. An officer shall not detain a person for violation of A.R.S. 28-95901, or its successor statute, unless, prior to the detention, the of?cer deveIOped reasonable suspicion of such violation through the use an electronic device that the person is driving a vehicle in violation 28-95901. Serial Number 2018-1001 qq Tucson, Arizona; December 4, 2018 Page 2 of 4 An of?cer shall not participate in any law enforcement activity, investigation, or enforcement action, the purpose of which is to determine a person?s immigration status. An o?icer shall release a detainee immediately upon completing all tasks related to the original tra?ic or criminal investigation, regardless of whether the of?cer has determined such detainee?s immigration status. An of?cer shall af?rmatively notify a detainee when the detainee is no longer subject to detention, regardless of whether the o?icer is required to remain on scene to complete additional tasks, regardless of the status of the detainee?s vehicle, and regardless of whether federal officers have been comacted to determine immigration status. An of?cer shall not detain a person at a checkpoint authorized by United States v. Martinez?Fuerte, 428 US. 543 (1976), unless such officer is called to such checkpoint to investigate a state or local crime alleged to have been committed by a speci?c perSOn or persous. Sec. 17?83. Of?cers? determination of immigration status; General. An officer may seek to determine the immigration status of a detainee or arrestee, and of no other person. An of?cer shall not inquire how a detainee or arrestee entered the United States, unless such inquiry is necessary to establish probable cause of a state or local crime. An officer shall not inquire how many times a detainee or arrestee has entered or otherwise traveled to the United States. During a consensual contact an of?cer shall not inquire about how a person entered the United States, unless such person is a suspected victim of human tra?icking. During a consensual contact, an of?cer shall not inquire about immigration status. An of?cer shall not inquire about the immigration status of a vehicle passenger, unless there is independent reasonable suspicion of a crime. An o?icer shall not seek to determine or otherwise inquire about the immigration status of a person in the following locations, even if such person is a detainee or arrestee: (1) School; (2) HosPital, medical clinic, and nursing home; (3) Church or house of worship; (4) State or local court building; and In developing reasonable suspicion that a detainee is an alien who is unlawfully present in the United States, an of?cer shall articulate at least two distinct factors leading to that suSpicion. In developing reasonable suspicion that a detainee is an alien who is unlawfully present in the United States, an o?icer shall not consider the following factors: (1) A detainee?s race, color, or ethnicity; (2) A detainee?s mode of dress; 00 (3) A detainee?s ability to speak English; if": (4) A detainee?s speech pattern, including a perceived accent; 1 at: ox (5) A detainee?s inability to provide a permanent or local residential address; W1. 2' mi) (6) A detainee?s presence where aliens who are unlaw?illy present are known to gatherdetainee?s presence in a vehicle that is or appears to be overcrowded; (8) A detainee?s physical proximity to aliens who are unlawfully present in the United States; or (9) A detainee?s name. It is the policy of the city that a determination of a detainee?s immigration status is not practicable, per A.R.S. 11-1051 (B), when the detention is a traf?c st0p and the vehicle come to rest on the side or shoulder of a street, and during other circumstances established by the city. It is the policy of the city that the determination of a detainee?s immigration status may hinder or obstruct an investigation, per AR.S. when the crime being investigated is a violation of: (1) A.R.S. 13-3551-3556; (2) (3) (4) A.R.S. 1344044406; (5) (6) A.R.S. 13-1417-1418, or their successor statutes. Sec. 17-84. Of?cers? determination of immigration status; Procedure. a. In seeking to determine whether a detainee or arrestee is an alien who is unlawfully present in the United States, an of?cer shall not initiate contact with a federal law enforcement agency by phone. Any contact initiated by an of?cer with a federal law enforcement agency for the purpose of determining the immigration status of a person shall be documented. Serial Number 2018-1001 Tucson, Arizona; December 4, 201 8 Page 3 of 4 c. Prior to initiating contact with a federal law enforcement agency to determine a detainee?s or arrestee?s immigration status, an o?icer shall record the factorsthat led such of?cer to develop reasonable suspicion that such detainee or arrestee is an alien who is unlaw?rlly present in the United States. d. In addition to Subsections the city shall document the following for any incident where the city has initiated contact with a federal law enforcement agency to determine a detainee?s or arrestee?s immigration status: (1) The time that the city contacted the federal law enforcement agency; (2) The time that the city received an immigration status determination from the federal law enforcement agency; and (3) Whether the. detainee or arrestee was transferred to the custody of the federal law enforcement agency, if applicable. 6. Prior to questioning a detainee or arrestee about immigration status, an of?cer shall: (1) read or recite the following statement: ?You have no obligation to speak with an o??icer about your immigration status. If you are not a US. citizen, anything you say may a?ect your ability to stay in this country. If you choose not to Speak about your immigration status, that cannot be used against you in any way. (2) Have the detainee or arrestee sign a written waiver, provided in both Spanish and English, stating he or she voluntarily consents to answering questions about immigration status. f. The city shall document all such instances resulting in a signed written waiver described in Subsection Sec. 17-85. Collaboration with federal law enforcement. a. No city employee, of?cer, or agent shall participate in, o?'er, teach, prepare, or otherwise provide training to federal of?cers, the effect of which is to confer or extend Arizona peace of?cer certi?cation on a federal o?icer, pursuant to Title 41 of Arizona Revised Statutes. No city resources shall contribute to the training of federal o?icers, if such training confers or extends Arizona peace o?icer certi?cation on a federal of?cer, pursuant Title 41 of Arizona Revised Statutes. No of?cer shall participate in a joint law enforcement taskforce, joint enforcement operation, or similar endeavor with a federal of?cer unless the city has in place a memorandum of understanding with the United States agency employing the federal of?cer, which on the federal law enforcement agency from eifectuating within the city warrantless arrests and detentions -'Ei't"iyond that permitted by A. R. S. 13-3 884 or its successor statute; mac ?6 P4. :45" Igprohibition 0n the federal law enforcement agency from effectuating within the city arrests and detentions on the basis of state arrest authority conferred pursuant to A. R. S. ?13?38 75 or its successor statute, and 18 (4) A prohibition stating that neither the purpose nor the effect of any joint taskforce or joint operation will be the enforcement of federal civil immigration law. See. 17-86. City Employees. a. A city employee shall not coerce or threaten a person based on the actual or perceived immigration status of that person or of that person?s family member. b. A city employee shall not forward to a federal law enforcement agency an emergency call made by someone other than an of?cer or federal of?cer, the sole purpose of which is to alert law enforcement to the existence or whereabouts of a person, other than a detainee 0r arrestee, who is suspected of being an alien who is unlawfully present in the United States. c. A city employee, other than an of?cer, shall not inquire about the immigration status of any person, unless such person is applying for a city service or grant program that has limited eligibility based, in part, on lawful immigration status. Sec. 17-87. Certi?cations for crime victims. a. In reSponse to a request from an alleged crime victim (or from the crime victim?s legal representative) who is seeking law enforcement certi?cation from the city pursuant to 8 U.S.C 1184(p), 8 C.F.R. 214.14, or 8 C.F.R. 214.11, or their successor provisions, the city shall: (1) Adjudicate requests for law enforcement certi?cations and issue to the alleged victim a determination and signed documentatiOn within 90 days of receiving the request; and (2) Specify in writing to the alleged victim why the city determined not to issue the certi?cation, if the city made such determination. Sec. 17-88. Cause of action. a. A person who is a resident of Tucson may bring an action in the City Court of the City of Tucson to challenge any employee, of?cial, or agency of the city that adopts or implements a policy violative of this chapter. If there is a judicial ?nding that a city agency or city of? cial has violated this chapter, the court shall order payment of a civil penalty of not less than ?ve hundred dollars and not more than ?ve thousand dollars for each day that the policy has remained in effect a?er the ?ling of an action pursuant to this subsection. b. A person who was harmed by a violation of this chapter or who is a resident of Tucson may bring an action in the City Court of the City of Tucson to challenge any employee, of?cial, or agency of Tucson that intentionally or knowingly violates the provisions of this chapter. If there is a judicial ?nding that a city agency or city of?cial has violated this chapter, the court shall order payment of a civil penalty of not less than ?ve hundred dollars and not more than ?ve thousand dollars. c. The court may award court costs and reasonable attorney fees to any person who prevails by an adjudication on the merits. d. Except in relation to matters in which an of?cer is adjudged to have acted intentionally or knowingly, an of?cer is indemni?ed by the city against reasonable costs and expenses, including attorney fees, incurred by the o?icer in connection with any action, suit or proceeding brought pursuant to this section in which the of?cer may be a defendant by reason of the of?cer being or having been a city employee. Serial Number 2018-1001 Tucson, Arizona; December 4, 2018 Page 4 of 4 The City Court of the City of Tucson shall collect the civil penalties prescribed in sections and of this section and remit them in their entirety to the Community Food Bank, Inc (doing business as the Community Food Bank of Southern Arizona). Ifthe Community Food Bank ceases to exist, then the civil penalties shall be paid to a successor organization, or to another organization recognized under Section 501 of the Internal Revenue Code and that provides services within Tucson. Sec. 17-89. Severability and Constructionany word, clause, sentence, paragraph or section of this Chapter shall be declared invalid by the judgment or decree of any court of competent jurisdiction, Such invalidity shall not affect any of the remaining words, clauses, sentences, paragraphs and sections of this Chapter. Such word, clause, sentence, paragraph or section shall be severablc, whether such invalidity be due to its unconstitutionality, its violation of state or federal law, or some other cause. Nothing in this Article shall be construed to limit an of?cer?s ability to establish reasonable su5picion or probable cause of a crime arising under the laws of Arizona or this code, or of reasonable suspicion of a civil traf?c infraction. Serial Number 2018-1001 ?It is unlawful to sign this petition before it has a serial number.? CITY OF TUCSON INITIATIVE DESCRIPTION PAID Proposing amendments to _thelTucson Code, Chapter 17, to: prohibit city police of?cers and othercity employees from detaining persons on the basis of a person?s immigration status and from assisting in the enforcement of federal Tucson, Arizona? December 4, 2018 immigration laws, except in Circumstances expressly required under state and federal law; prohibit certain collaborations between city a encres and federal law enforcement agenmes; (3) provide for certi?cation of certain visas for immigrant crime victims; and (4) provide for minimum record keeping and protocols for certain communications between city employees an federal law enforcement agencies. Notice: This is only a description of the proposed measure (or charter amendment) prepared by the sponsor of the measure. It may not include every provision contained in the measure. Before signing, make sure the Title and Text of the measure are attached. You have the right to read or examine the Title and Text before Signing. Initiative Measure to be Submitted Directly to Electors To the Honorable Mayor and Council and the Clerk of the City of Tucson; We, the undersigned, residents of the City of Tucson, Arizona, and duly quali?ed electors therein, do hereby submit and propose to you, for adoption, the following ordinance, and request that action be taken by you relative to the adoption or reception of such roposed ordinance, at the earl iest poss1ble moment, and that the same be forthWIth submitted to a_vote the Tucson Families Free and Together as described mthe attached . 1tle and Text. aeh Signer says: Lhave personally signed With my first and last names. I have not signed any 0 er petition for the same measure._ I am a quali?ed elector of the Cit of Tucson State of Arizona. ?Warning: It is a class 1 misdemeanor for any person to knowmgiy an initiative petition With a name other than his or her own, except in a circumstance where he Signs for a person, in the presence of and at the specific request of such person, who is incapable of signing his or her own name because of physical infirmity, or to knowingly sign his or her name more than once for the same measure, or to knowingly sign such petition when he is not a quali?ed elector.? NAME ACTUAL ADDRESS SIGNATURE (First and Last Name Printed) (Street Number: If no street address, describe residence location) WARD NO. DATE SIGNED 9415 10. 11. 12. 13. 14. 15. The validity of the signatures on this sheet must be sworn to by the circulator before a notary public on the form appearing on the back of this sheet. SERIAL NUMBER 20184001 STATE OF ARIZONA INITIATIVE Tucson, Arizona December 4, 2018 AFFIDAVIT 0F CIRCULATOR County of . (Where notarized) I, a person who is not required to be a resident of this state but who is otherwise quali?ed to register to vote in the County of in the State of Arizona at all times during my circulation of this petition sheet, and under the penalty of a class 1 misdemeanor, depose and say that subject to section 19-115, Arizona Revised Statutes, each individual printed the individual's own name and address and signed this sheet of the foregoing petition in my presence on the date indicated and I believe that each signer's name and residence address or post of?ce address are correctly stated and that each signer is a quali?ed elector of the City of Tucson and that at all times during circulation of this signature sheet a copy of the title and text was attached to the signature sheet (Ariz. Const. ArtArizona Revised Statutes 19-112 (B), (C), (D), Tucson Charter, Chapter XIX, 2). The signatures appearing on this petition sheet are the genuine signatures of the persons whose names they bear (Tucson Charter, Chapter XIX, 2). I retained direct custody and control of this signature sheet, and personally observed each signer of this signature sheet actually sign it (Tucson Code 12?1 16 I crossed out and initialed blank signature lines on this signature sheet prior to or at the time my signature on this af?davit was notarized (Tucson Code 12-1 160)). The names of the petitioners who should be noti?ed of all proceedings and action taken in reference to this petition are: NAME ADDRESS 1. Marion Chubon 6921 E. Hawthorne St., Tucson, AZ, 85710 E53 1 on 2. Steve Diamond 7317 E. Placita Mina, Tucson, AZ, 8571.0 ?13 3. Joel Feinman 638 s. Main Ave., Tucson, AZ 85701 (Tucson Charter, Chapter XIX, 2). Signature of Circulator: Typed or Printed Name of Circulator: My Commission expires: Residence address, street and number of Circulator: (If no street address, describe residence location) Stamp Notary Seal Here: Subscribed and sworn to (or af?rmed) before me on day of . 20 Notary Public Signature: Printed Name of Notary Public: Warning: A person commits perjury by making a false sworn statement in regard to a material issue believing it to be false. Perjury is a class 4 felony. (Arizona Revised Statutes 13-2702) SERIAL NUMBER 2018-1001