HomeMy WebLinkAboutLetter from Assemblyman James Gallagher - SB 54 Sanctuary State Opt Out Menchaca, Clarissa
From: Bennett, Robin
Sent: Thursday, March 22, 2018 2:59 PM
To: Menchaca, Clarissa
Cc: McCracken, Shari; Honea, Kory
Subject: BOS Correspondence
Attachments: Sanctuary State - Opt Out
Please find an email letter attached from Assemblymember James Gallagher regarding
SB 54, Sanctuary State law.
Thank you,
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Menchaca, Clarissa
From: Assemblymember Gallagher <Assemblymember.Gallagher@assembly.ca.gov>
Sent: Thursday, March 22, 2018 2:46 PM
To: Assemblymember Gallagher
Subject: Sanctuary State - Opt Out
Attachments: LA Ordinance.pdf
North State County Supervisors and City Council Members:
In my opinion, the new Sanctuary State law (SB 54) is unconstitutional and outright
dangerous.
The Sanctuary State law builds a wall between the federal government and our local
partners thereby making our communities less safe. It is also disrupting the federal
partnerships our local governments have with drug task force agencies and
community detention facilities.
I was pleased to hear that the City of Los Alamitos in Orange County recently
approved an ordinance to opt out of the Sanctuary State law and instead, will
comply with the appropriate Federal Laws and the Constitution of the United States.
The Mayor of Los Alamitos was quoted as saying "I feel that Sacramento, the
elected leaders up there, are bullying us into violation of the oath of office that we
took."
This decision by these brave councilmembers will no doubt be met with legal
challenges. Regardless, I support their decision.
In fact, I strongly urge all North State cities and counties to adopt a similar
resolution or ordinance opting out of participation in the Sanctuary State fiasco.
If your city or county were to opt out, please know that I would stand in firm
support of your decision.
A copy of the Los Alamitos ordinance is attached to this email.
Thank you for considering,
James
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City of Los Alamitos
Agenda Report March 18, 2018
Ordinance Item No.: 12A
To: Mayor Troy D. Edgar& Members of the City Council
Via: Bret M. Plumlee, City Manager
From: Warren Kusumoto, Mayor Pro Tem
Subject: Introduce Ordinance No. 2018-03 — Adding Chapter 9.30 Constitution
of the United States Compliance
Summary: This is an opportunity to discuss the Council's desire to show its resolve
and support for the Constitution of the United States by adopting a Resolution or
Ordinance.
Recommendations:
1. Introduce for first reading, read by title only, and waive further reading of
Ordinance No. 2018-03; and,
2. City Attorney Daudt read the title of Ordinance No. 2018-03 entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS,
CALIFORNIA, ADDING CHAPTER 9.30 CONSTITUTION OF THE UNITED
STATES COMPLIANCE."
Background and Discussion
The California Values Act (SB54) is contrary to the United States Constitution and
infringes on the rights of the citizens of the City of Los Alamitos. Furthermore, it affects
the City Council's oath to support and defend the Constitution of the United States.
In view of this contradiction, it is impossible to comply with both the Constitution of the
United States and the Constitution of the State of California. When two governing
documents contradict each other, the order of precedence needs to be invoked and
followed.
In this situation, my belief is that the Constitution of the United States has precedence
over the Constitution of the State of California, so therefore I am proposing that the City
Council discuss and adopt Ordinance No. 2018-03 to exempt the City of Los Alamitos
from the California Values Act.
Attachment 1
ORDINANCE NO. 2018-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LOS ALAMITOS, CALIFORNIA, ADDING CHAPTER
9.30 CONSTITUTION OF THE UNITED STATES
COMPLIANCE
WHEREAS, the members of the City of Los Alamitos City Council have taken an
oath to support and defend the Constitution of the United States and the Constitution of
the State of California, and
WHEREAS, the State of California enacted SB54, called the California Values
Act, and
WHEREAS, the California Values Act is codified into Government Code Title 1,
Division 7, Chapter 17.25 entitled "Cooperation with Immigration Authorities", and
WHEREAS, the Council of the City of Los Alamitos, a Charter City, finds that it is
impossible to honor our oath to support and defend the Constitution of the United
States and to be in compliance with California Government Code Title 1, Division 7,
Chapter 17.25, and
WHEREAS, employees of the City of Los Alamitos, residents, business owners,
guests, visitors, employees and employees of the United States Department of Defense
who proudly serve our Nation while stationed on the Joint Forces Training Base, are
entitled to the protections afforded by the Constitution of the United States, the Bill of
Rights, and the Amendments to the Constitution, and
WHEREAS, employers, including the City of Los Alamitos, operating within the
jurisdiction of the City of Los Alamitos who accept Federal Contracts and must comply
with Federal Law, including lawful requests for access to premises, and
WHEREAS, the entire Joint Forces Training Base may be required to comply
with Federal Laws and is wholly located within the boundaries of the City of Los
Alamitos, and
WHEREAS, the California Values Act may be in direct conflict with Federal Laws
and the Constitution of the United States;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California finds that the
above recitals are true Pnd correct and incorporates them by reference herein.
SECTION 2. Chapter 9.30 Constitution of the United States Compliance is hereby
added to the Los Alamitos Municipal Code as follows:
9.30 Constitution of the United States Compliance
The City of Los Alamitos, a Charter City, does hereby exempt the City of Los
Alamitos from the California Values Act, Government Code Title 1, Division 7,
Chapter 17.25 and instead will comply with the appropriate Federal Laws and the
Constitution of the United States.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance for any reason is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance and shall
cause a summary thereof to be published within fifteen (15) days of the adoption and
shall post a Certified copy of this Ordinance, including the vote for and against the
same, in the Office of the City Clerk, in accordance with Government Code Section
36933.
PASSED, APPROVED, AND ADOPTED this 16t" day of April, 2018.
Troy D. Edgar, Mayor
ATTEST:
Windmera Quintanar, CMC, City Clerk
APPROVED AS TO FORM:
Michael S. Daudt, City Attorney
CC ORD 2018-03
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