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HomeMy WebLinkAbout54-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 54-25 File Number: 2025-155 AFFIRMING FAYETTEVILLE AS A WELCOMING AND INCLUSIVE COMMUNITY (RESOLUTION): A RESOLUTION AFFIRMING FAYETTEVILLE AS A WELCOMING AND INCLUSIVE COMMUNITY FOR ALL RESIDENTS WHEREAS, the City of Fayetteville respects the inherent dignity of the human person, and the right of all people, including immigrants, refugees, transgender, non -binary, intersex and queer persons, to be meaningful parts of a Civic community; and WHEREAS, we believe that members of our community should feel safe in their homes, schools, places of work, and public spaces and we will do everything in our power that is not in contravention of federal or state law, to make this a reality; and WHEREAS, the City of Fayetteville is not an arm of the federal government, and therefore does not have a duty to implement federal laws as would a federal agency; and WHEREAS, in accordance with the supremacy clause of the US Constitution, the City of Fayetteville will not act in contradiction to any federal law; and WHEREAS, the Supreme Court in Printz v. United States, 521 U.S. 898 (1997), further reinforced this principle by ruling that the federal government may not require state or local law enforcement officers to execute federal law, emphasizing the dual sovereignty structure of the loth amendment of the U.S. Constitution that states the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; and WHEREAS, promoting trust between immigrant, transgender, non -binary, intersex, and queer communities and local government is essential for ensuring access to vital services, fostering cooperation with law enforcement, and creating a sense of belonging for all individuals to promote and improve public safety. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas affirms Fayetteville's commitment to being a welcoming and inclusive community where all residents can live free from discrimination, harassment, or fear. Section 2: That the City Council of the City of Fayetteville, Arkansas affirms that Fayetteville will continue to promote policies and programs that embrace diversity, strengthen community bonds, and support the contributions of immigrant, refugee, transgender, non -binary, intersex, and queer populations. Page 1 Resolution: 54-25 File Number: 2025-155 Section 3: That the City Council of the City of Fayetteville, Arkansas affirms that Fayetteville upholds the principles of human dignity and equality by ensuring all residents, can access city services and live without fear of discrimination or persecution. Section 4: That the City Council of the City of Fayetteville, Arkansas affirms that Fayetteville commits to ensuring all residents feel safe reporting crimes, accessing emergency services, and seeking city assistance. PASSED and APPROVED on February 4, 2025 Approved: Attest: f= Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 4, 2025 TO: Mayor Rawn and City Council THRU: FROM: Council Member Sarah Moore CITY COUNCIL MEMO 2025-155 SUBJECT: AFFIRMING FAYETTEVILLE AS A WELCOMING AND INCLUSIVE COMMUNITY (RESOLUTION): RECOMMENDATION: Council Member Moore is sponsoring a resolution affirming Fayetteville as a welcoming and inclusive community for all residents. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Packet - Council Member Moore - Affirming Fayetteville as Welcoming and Inclusive Community (#3), City Attorney Memo (#4) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-155 AFFIRMING FAYETTEVILLE AS A WELCOMING AND INCLUSIVE COMMUNITY (RESOLUTION): A RESOLUTION AFFIRMING FAYETTEVILLE AS A WELCOMING AND INCLUSIVE COMMUNITY FOR ALL RESIDENTS WHEREAS, the City of Fayetteville respects the inherent dignity of the human person, and the right of all people, including immigrants, refugees, transgender, non -binary, intersex and queer persons, to be meaningful parts of a Civic community; and WHEREAS, we believe that members of our community should feel safe in their homes, schools, places of work, and public spaces and we will do everything in our power that is not in contravention of federal or state law, to make this a reality; and WHEREAS, the City of Fayetteville is not an arm of the federal government, and therefore does not have a duty to implement federal laws as would a federal agency; and WHEREAS, in accordance with the supremacy clause of the US Constitution, the City of Fayetteville will not act in contradiction to any federal law; and WHEREAS, the Supreme Court in Printz v. United States, 521 U.S. 898 (1997), further reinforced this principle by ruling that the federal government may not require state or local law enforcement officers to execute federal law, emphasizing the dual sovereignty structure of the loth amendment of the U.S. Constitution that states the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; and WHEREAS, promoting trust between immigrant, transgender, non -binary, intersex, and queer communities and local government is essential for ensuring access to vital services, fostering cooperation with law enforcement, and creating a sense of belonging for all individuals to promote and improve public safety. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas affirms Fayetteville's commitment to being a welcoming and inclusive community where all residents can live free from discrimination, harassment, or fear. Page 1 Resolution: 54-25 File Number: 2025-155 Section 2: That the City Council of the City of Fayetteville, Arkansas affirms that Fayetteville will continue to promote policies and programs that embrace diversity, strengthen community bonds, and support the contributions of immigrant, refugee, transgender, non -binary, intersex, and queer populations. Section 3: That the City Council of the City of Fayetteville, Arkansas affirms that Fayetteville upholds the principles of human dignity and equality by ensuring all residents, can access city services and live without fear of discrimination or persecution. Section 4: That the City Council of the City of Fayetteville, Arkansas affirms that Fayetteville commits to ensuring all residents feel safe reporting crimes, accessing emergency services, and seeking city assistance. Page 2 Civic Clerk Item No.: 2025-155 AGENDA REQUEST FORM FOR: Council Meeting of February 4, 2024 FROM: Council Member Sarah Moore ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION AFFIRMING FAYETTEVILLE AS A WELCOMING AND INCLUSIVE COMMUNITY FOR ALL RESIDENTS APPROVED FOR AGENDA: Approved by email Council Member Sarah Moore S&A�& A4111t�r11 Blake Penningto Senior Assistant City Attorney Approved as to form 1 /28/2025 Date 1 /28/2025 Date A RESOLUTION AFFIRMING FAYETTEVILLE AS A WELCOMING AND INCLUSIVE COMMUNITY FOR ALL RESIDENTS WHEREAS, the City of Fayetteville respects the inherent dignity of the human person, and the right of all people, including immigrants and refugees, to be meaningful parts of a Civic community; and WHEREAS, we believe that members of our community should feel safe in their homes, schools, places of work, and public spaces and we will do everything in our power that is not in contravention of federal or state law, to make this a reality; and WHEREAS, the City of Fayetteville is not an arm of the federal government, and therefore does not have a duty to implement federal laws as would a federal agency; and WHEREAS, in accordance with the supremacy clause of the US Constitution, the City of Fayetteville will not act in contradiction to any federal law; and WHEREAS, the Supreme Court in Printz v. United States, 521 U.S. 898 (1997), further reinforced this principle by ruling that the federal government may not require state or local law enforcement officers to execute federal law, emphasizing the dual sovereignty structure of the 1 Oth amendment of the U.S. Constitution that states the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; and WHEREAS, promoting trust between immigrant communities and local government is essential for ensuring access to vital services, fostering cooperation with law enforcement, and creating a sense of belonging for all individuals to promote and improve public safety. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas affirms Fayetteville's commitment to being a welcoming and inclusive community where all residents can live free from discrimination, harassment, or fear. Section 2: That the City Council of the City of Fayetteville, Arkansas affirms that Fayetteville will continue to promote policies and programs that embrace diversity, strengthen community bonds, and support the contributions of immigrant and refugee populations. Section 3: That the City Council of the City of Fayetteville, Arkansas affirms that Fayetteville upholds the principles of human dignity and equality by ensuring all residents, can access city services and live without fear of discrimination or persecution. Section 4: That the City Council of the City of Fayetteville, Arkansas affirms that Fayetteville commits to ensuring all residents feel safe reporting crimes, accessing emergency services, and seeking city assistance. Received From Kara Paxton on 01/31/2025 at 11:46 A.M. DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Senior Assistant City Attorney City Council Hannah Hungate Kara Paxton, City Clerk/Treasurer Assistant City Attorney Stacy Barnes CC: Paul Becker, Chief Financial Officer Paralegal Keith Macedo, Chief of Staff FROM: Kit Williams, City Attorney DATE: January 30, 2025 RE: Resolution Affirming Fayetteville as a Welcoming and Inclusive Community for all Residents After our City Attorney's Office edited out some legally dangerous language, the "Resolution Affirming Fayetteville as a Welcoming and Inclusive Community for all Residents" requested and sponsored by Council Member Sarah Moore should not violate A.C.A. § 14-1-103 Sanctuary policies prohibited (attached). This is important because otherwise the City and its citizens could lose "funds or grants administered by the state." Fayetteville currently receives very substantial funds and grants for infrastructure and programs needed by our citizens. Therefore, we must be careful to comply with this state law. Sarah's current resolution affirms Fayetteville's longstanding commitment as a welcoming city for all of residents and visitors. What this Resolution does not do is try to limit a city employee or official from communicating with any federal agency. Nor does this resolution attempt to do anything that is prohibited by the Sanctuary policies prohibited state law. The resolution even affirms that City of Fayetteville policy will not be in contradiction to any federal law. Therefore, the Fayetteville City Attorney's Office opines that the Resolution Affirming Fayetteville as a Welcoming and Inclusive Community for all Residents does not violate A.C.A. § 14-1-103 Sanctuary policies prohibited. r ireiox about:blank Current through all legislation of the 2024 Fiscal Session and the Second Extraordinary Session (2024) AR - Arkansas Code Annotated > Title 14 Local Government > Subtitle 1. General Provisions > Chapter 1 General Provisions > Subchapter 1— General Provisions 14-1-103. Sanctuary policies prohibited — Definition. (a) (1) A municipality shall not enact or adopt a sanctuary policy. (2) A municipality that enacts or adopts a sanctuary policy is ineligible for discretionary moneys provided through funds or grants administered by the state until the sanctuary policy is repealed or no longer in effect. (b) As used in this section, "sanctuary policy" means an order, ordinance, or law enforcement policy, whether formally enacted or informally adopted by custom or practice, that: (c) (1) Limits or prohibits a municipal official or person employed by the municipality from communicating or cooperating with federal agencies or officials to verify or report the immigration status of a person within the municipality; (2) Grants to illegal immigrants the right to lawful presence or status within the municipality in violation of federal law; (3) Violates 3 U.S-C. 1373, as in effect January 1, 2019; (4) Restricts or imposes any conditions upon the municipality's cooperation or compliance with detainers or other requests from United States Immigration and Customs Enforcement to maintain custody of an immigrant or to transfer an immigrant to the custody of United States Immigration and Customs Enforcement; (5) Requires United States Immigration and Customs Enforcement to obtain a warrant or demonstrate more than probable cause before complying with detainers or other legal and valid requests from United States Immigration and Customs Enforcement to maintain custody of an immigrant or to transfer an immigrant to the custody of United States Immigration and Customs Enforcement; or (6) Prevents law enforcement officers from asking a person about his or her citizenship or immigration status. (1) Upon receiving a complaint from a resident of the state of a violation of this section by a municipality, the Attorney General shall issue an opinion stating whether the municipality is in violation of this section. 1 of 2 1/28/2025, 3:42 PM P iretox Page 2 of 2 about: blank A.C.A. § 14-1-103 (2) If the Attorney General issues an opinion stating that the municipality has enacted or adopted a sanctuary policy that violates this section, the municipality is ineligible to receive discretionary moneys provided through funds or grants administered by the state until the Attorney General certifies that the sanctuary policy is repealed or no longer in effect. (d) (1) Before the provision of funds or the award of grants is made to a municipality, a member of the General Assembly may request that the Attorney General issue an opinion stating whether the municipality has current policies in violation of this section. (2) A municipality deemed ineligible for discretionary moneys under this section is ineligible to receive discretionary moneys provided through funds or grants administered by the state until the Attorney General certifies that the municipality is in full compliance with this section. (e) A municipality may appeal a decision of the Attorney General under this section to the Pulaski County Circuit Court. (f) Records created in connection with administrative investigations related to this section are not subject to the Freedom of Information Act of 1967, 25-19-101 et seq. History Arkansas Code of 1987 Annotated Official Edition Copyright © 2025 by the State of Arkansas All rights reserved End of document 2 of 2 1/28/2025, 3:42 PM