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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Clerk
Subject: Resolution...calling and giving
notice of a Special Municipal Election to be
held on September 12, 2006 for the purpose
of submitting to the qualified electors of the
City a proposed initiative ordinance relating
to illegal immigration; requesting the
Registrar of Voters to conduct the Special
Municipal Election; transmission of the
proposed ballot measure to the office of the
City Attorney for purposes of preparation of
an impartial analysis; other related matters
From: Rachel G. Clark, City Clerk
Date: May 31,2006
MICC Meeting Date: June 5, 2006
Synopsis of Previous Council Action:
5/15/06 The City Council approved a motion that pursuant to Section 120 of the City
Charter, the Council proceed to call a special election (regarding initiative
measure on illegal immigration) and directed the City Attorney to prepare the
necessary documents to call for a special election.
Recommended Motion:
Adopt Resolution.
(2~d h. CJ~.
'- Signature
Contact person: Rachel G. Clark. Citv Clerk
Phone: 384-5002
Supporting data attached:
Yes
Ward: All
FUNDING REQUIREMENTS: Amount: $280,000 (estimated)
Source: (Accl. No.)
(Accl. Description)
Finance:
Council Notes:
-m~ +r;,JJ - t1J~ ~
Agenda Item No.
:5zr
(;j5/06
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Date:
To:
From:
May 31, 2006
Honorable Mayor and Members of the City Council
Rachel G. Clark, City Clerk
Subiect: Resolution of the City of San Bernardino Calling and Giving Notice of a Special
Municipal Election to be held in the City of San Bernardino on September 12, 2006, for the
Purpose of Submitting to the Qualified Electors of the City a Proposed Initiative Ordinance
Relating to Illegal Immigration; Requesting the Registrar of Voters of the County of San
Bernardino to Conduct the Special Municipal Election; Transmission of the Proposed Ballot
Measure to the Office of the City Attorney for Purposes of Preparation of an Impartial Analysis;
Other Related Matters.
Backl!fOund: At the meeting of the Mayor and Council held on May 15, 2006, the City Council
received and filed a Certificate of Sufficiency relative to an Initiative Petition, submitted by
Joseph Turner, that qualified pursuant to the provisions of Section 120 of the City Charter.
The City Council had two options: (a) Pass the ordinance without alteration within twenty days
after the issuance of the Certificate of Sufficiency; or (b) Proceed to call a special election. A
motion to pass the ordinance, without alteration, failed and the City Council then approved a
motion calling for a special election at which time the ordinance shall be submitted to a vote of
the people. They also approved a motion directing the City Attorney to prepare the necessary
documents to call for a special election.
Accompanying this Request for Council Action is a Resolution that has been prepared by the
City Attorney's Office. The Resolution calls for and gives notice ofthe Special Municipal
Election to be held on September 12, 2006 for the purpose of submitting to the qualified electors
a proposed initiative ordinance relating to illegal immigration; requests that the County Registrar
of V oters conduct the Special Municipal Election; requests that the City Attorney prepare the
Impartial Analysis, and contains other matters related to the conduct of the election.
It should be noted that San Bemardino Municipal Code Section 2.56.170 provides that a special
election be held on a Tuesday, not less than ninety (90) nor more than one hundred thirty-five
(135) days following such call. With the City Council's action to approve the attached
Resolution at the June 5, 2006 Council meeting, the 90-to135-day window will fall between
September 3,2006 and October 18, 2006. The County Registrar of Voters has indicated that due
to the proximity of the November 7,2006 statewide election, they cannot conduct a special
election after September 19, 2006; consequently, we are recommending that the City Council set
September 12, 2006 as the date for the special election.
We are working with the County Registrar of Voters' Office and the Fair Political Practices
Commission to ascertain the deadlines for the Special Municipal Election. Attached is a draft of
the election calendar. As soon as the calendar is finalized, it will be posted to the City's website
and distributed to the Mayor and Council.
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Financial Impact:
Since this will be a stand-alone election, the City of San Bernardino will bear the entire cost of
this election and it is estimated to be $280,000. A budget amendment will be required in the next ..
fiscal year budget (2006-2007) to cover the costs ofthis special election.
Recommendation:
Adopt the Resolution.
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CITY OF SAN BERNARDINO
SPECIAL MEASURE ELECTION CALENDAR
September 12, 2006
PAGE 1
CITY CLERK
CITY CLERK
June 16
(88)
"June 17-
June 26
(87 -78)
CITY CLERK Sept 5
(-7)
OPPONENTS June 26
PROPONENTS (78)
CITY
ATTORNEY
June 26
(78)
No later than this date, the City Clerk/City Council shall forward a Resolution
calling the election with the Board of Supervisors. A copy of the Resolution
should be sent to the Registrar of Voters.
The resolution to call the election shall include all of the following:
(a) Call, provide for and give notice of a special measure election.
(b) Fix a date of election
(c) Provide for the question to be submitted to the voters.
The City Clerk shall make the ordinance and measure text available for public
examination for a period of 10 calendar days immediately following the filing
deadline for the submission of those documents. During the 10 day viewing
period any voter of the jurisdiction may seek a writ of mandate or an injunction
requiring any or all of the material in the statements to be amended or
deleted.
Last day to publish Notice of Measure.
Notice to include date of election, synopsis of the measure and last day to file
arguments.
Last day set by Registrar of Voters to submit arguments in favor or against the
measure to the City Clerk. Arguments are limited to 300 words. No more
than five (5) signatures shall appear with any argument.
An Authors of Argument form must be attached to all arguments.
Last day for City Attorney to submit Impartial Analysis to the City Clerk. The
analysis shall not exceed 500 words.
[IDrn&~1r
CITY OF SAN BERNARDINO
SPECIAL MEASURE ELECTION CALENDAR
September 12, 2006
PAGE 2
PROPONENT July 6
OPPONENTS (68)
CITY CLERK
July 7 -
July 16
(67 - 58)
COMMITTEES To be
CITY CLERK determined
REGISTRAR Aug 14 -
OF VOTERS Sept 5
(29 -7)
REGISTRAR Aug 3 -
OF VOTERS Aug 22
(40-21)
REGISTRAR Aug 28
OF VOTERS (15)
COMMITTEES To be
CITY CLERK determined
The. City Clerk shall make arguments and impartial analyses available for
public examination for a period of 10 calendar days immediately following the
filing deadline for the submission of those documents. During the 10 day
viewing period any voter of the jurisdiction may seek a writ of mandate or an
injunction requiring any or all of the material in the statements to be amended
or deleted.
Last day set by Registrar of Voters to submit rebuttal arguments in favor or
against the measure to the City Clerk. Rebuttal arguments are limited to 250
words. No more than five (5) signatures shall appear with any rebuttal
argument.
An Authors of Argument form must be attached to all rebuttal arguments.
The City Clerk shall make rebuttal arguments available for public examination
for a period of 10 calendar days immediately following the filing deadline for
the submission of those documents. During the 10 day viewing period any
voter of the jurisdiction may seek a writ of mandate or an injunction requiring
any or all of the material in the statements to be amended or deleted.
Last day to file campaign statements showing receipts and expenditures for
the period October 1 through October 21, 2006.
[])rn&~v
CITY OF SAN BERNARDINO
SPECIAL MEASURE ELECTION CALENDAR
September 12, 2006
PAGE 3
REGISTRAR
OF VOTERS
Sept 5 -
Sept 12
(7 -0)
,e"
. !
'( ;,,i
',,,,.. ".k." '"
Sept 12
(0)
REGISTRAR
OF VOTERS
Sept 14
(+2)
REGISTRAR
OF VOTERS
Sept 15
(+3)
REGISTRAR Oct 10
OF VOTERS (+28)
REGISTRAR Dec11
OF VOTERS (+90)
COMMITTEES Jan. 31
CITY CLERK
When ballots are to be counted by computer, the Registrar of Voters may
begin processing ballots 7 days prior to the election. No count may be made
available until after the polls close on election day.
The polls will be open from 7:00 a.m. and will close at 8:00 p.m. Absentee
ballots may be turned in, before the polls close, at any polling place in the
jurisdiction.
During the Official Canvass the Elections Official shall conduct a public
manual tally in 1 percent of the precincts chosen at random by the elections
official.
Statement covers transactions through December 31.
"Note: Whenever a date prescribed by law falls on a weekend or holiday, such act may be performed
on the next business day (E.C. 15; G.C. 6700, 6701)
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO CALLING AND GIVING NOTICE
OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SAN BERNARDINO
3 ON SEPTEMBER 12, 2006 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
ELECTORS OF THE CITY A PROPOSED INITIATIVE ORDINANCE RELATING TO ILLEGAL
4 IMMIGRATION; REQUESTING THE REGISTRAR OF VOTERS OF THE COUNTY OF SAN
BERNARDINO TO CONDUCT THE SPECIAL MUNICIPAL ELECTION; TRANSMISSION OF
5 THE PROPOSED BALLOT MEASURE TO THE OFFICE OF THE CITY ATTORNEY FOR
PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS; OTHER RELATED
6 MATTERS.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
8 SAN BERNARDINO AS FOLLOWS:
9 SECTION I. Recitals.
10 Whereas, Section 120 of the Charter of the City of San Bernardino ("Section 120")
11 authorizes the submittal of a proposed ordinance to the Common Council by a petition signed by
12 qualified electors equal in number to thirty percent of the entire vote cast for all candidates for the
13 Mayor at the last preceding City election at which a Mayor was elected; and
14 Whereas, a Notice of Intention and Request for Ballot Title and Summary was filed on
IS October 10, 2005; and
16 Whereas, a petition titled "Initiative Ordinance Proposing Requirements and Sanctions on
17 Businesses and Individuals Regarding Day Laborer Agencies, the Solicitation of Day Laborers,
18 Aiding and Abetting Illegal Immigration and Prohibiting Persons or Entities From Renting or
19 Leasing Property to Illegal Aliens" ("Initiative Ordinance") was submitted to the City Clerk on
20 April 24, 2006, who thereafter issued a Certificate of Sufficiency on May 4, 2006, declaring that
I;
21 a sufficient number of signatures had been gathered to qualify it pursuant to Section 120 of the
22 City Charter for a special election. A copy of the Initiative Ordinance is attached hereto as Exhibit
23 A and is hereby incorporated herein as though fully set forth; and
24 Whereas, Section 120 requires the Common Council either to pass the proposed ordinance
25 without alteration within twenty days after the attachment of the City Clerk's Certificate of
26 Sufficiency, or in the alternative, forthwith call a special election at which the proposed ordinance
27 shall be submitted to a vote of the people; and
28 Whereas, on May 15,2006, at a regular meeting of the Common Council, it declined to
DHC/tbm [Reso. Calling Special Election Illegal Alien]
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V(o.3f
Or, /oS-!a
RESOLUTION OF THE CITY OF SAN BERNARDINO CALLING AND GIVING NOTICE
OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SAN BERNARDINO
2 ON SEPTEMBER 12, 2006 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
ELECTORS OF THE CITY A PROPOSED INITIATIVE ORDINANCE RELATING TO ILLEGAL
3 IMMIGRATION; REQUESTING THE REGISTRAR OF VOTERS OF THE COUNTY OF SAN
BERNARDINO TO CONDUCT THE SPECIAL MUNICIPAL ELECTION; TRANSMISSION OF
4 THE PROPOSED BALLOT MEASURE TO THE OFFICE OF THE CITY ATTORNEY FOR
PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS; OTHER RELATED
5 MATTERS.
6 pass the proposed ordinance and, in lieu thereof, requested the City Attorney to prepare a
7 resolution in the appropriate form calling a special municipal election to permit a vote of the
8 people of the City of San Bernardino as authorized by Section 120 for consideration of the
9 Common Council at its next regularly scheduled meeting on June 5,2006; and
10 SECTION 2. Special Municioal Election Called. A special municipal election is hereby
1 I called and will be held in the City of San Bernardino on September 12, 2006, for the purpose of
12 voting on the adoption of thelnitiative Ordinance.
13 SECTION 3. Ordinance. The Initiative Ordinance to be voted on at the special municipal
14 election as it is to appear on the ballot shall be as follows:
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Measure
"Initiative Ordinance Proposing
Requirements and Sanctions of Businesses and Individuals For the Ordinance
Regarding Day Laborer Agencies, the Solicitation of Day
Laborers, Aiding and Abetting Illegal Immigration and
Prohibiting Persons or Entities from Leasing Property to
Illegal Aliens."
Against the Ordinance
The Initiative Ordinance shall be designated on the ballot by a letter printed on the left
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margin of the square containing the description of the Ordinance as provided in the Elections Code
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of the State of California.
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SECTION 4. Notice of Election. The City Clerk is hereby directed to publish a notice
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of the special municipal election which shall contain the following:
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A.
The date of the election and the hours the polls will be open.
DHCftbm [Reso. Calling Special Election Ulegal Alien] 2
RESOLUTION OF THE CITY OF SAN BERNARDINO CALLING AND GIVING NOTICE
OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SAN BERNARDINO
2 ON SEPTEMBER 12, 2006 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
ELECTORS OF THE CITY A PROPOSED INITIATIVE ORDINANCE RELATING TO ILLEGAL
3 IMMIGRATION; REQUESTING THE REGISTRAR OF VOTERS OF THE COUNTY OF SAN
BERNARDINO TO CONDUCT THE SPECIAL MUNICIPAL ELECTION; TRANSMISSION OF
4 THE PROPOSED BALLOT MEASURE TO THE OFFICE OF THE CITY ATTORNEY FOR
PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS; OTHER RELATED
5 MATTERS.
6
B.
That the last day for receipt of primary arguments for or against the Ordinance has
7 been established as 5:00 p.m. on June 26,2006 in the City Clerk's Office, Second Floor, City
8 Hall, 300 North "0" Street, San Bernardino, California.
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C.
That the last day for receipt ofrebuttal arguments is 5:00 p.m. on July 6, 2006, in
10 the City Clerk's office at the above location.
11 The City Clerk is directed to accept arguments and arrange for sample ballots, which shall
12 also include the text of the proposed Initiative Ordinance, in accordance with the Elections Code.
13 SECTION 5. Conduct of Election. The special municipal election so called shall be held
14 in such precincts and at such polling places as shall be determined by the Registrar of Voters of
15 the County of San Bernardino. The Board of Supervisors of the County of San Bernardino is
16 hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the
17 holding of the election. The Mayor is hereby authorized to execute a contract for the services
18 necessary for conducting the special municipal election. The City of San Bernardino recognizes
19 that additional costs will be incurred by the County by reason of this consolidation and agrees to
20 reimburse the County for any such costs.
21 SECTION 6. Canvass of Returns. The Registrar of Voters of the County of San
22 Bernardino is authorized to canvass the returns of the special municipal election and to conduct
23 the special municipal election in all respects. Results of said special municipal election shall be
24 certified to the Mayor and Common Council of the City of San Bernardino.
25 SECTION 7. Transmission of Proposed Ballot Measure Documents. Pursuant to the
26 Elections Code of the State of California, the City Clerk is hereby directed to transmit a copy of
27 the ballot measure, and all other necessary documents, to the office of the City Attorney for
28 purposes of preparation of an Impartial Analysis.
DHC/tbm {Reso. Calling Special Election megal Alien] 3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO CALLING AND GIVING NOTICE
OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SAN BERNARDINO
2 ON SEPTEMBER 12, 2006 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
ELECTORS OF THE CITY A PROPOSED INITIATIVE ORDINANCE RELATING TO ILLEGAL
3 IMMIGRATION; REQUESTING THE REGISTRAR OF VOTERS OF THE COUNTY OF SAN
BERNARDINO TO CONDUCT THE SPECIAL MUNICIPAL ELECTION; TRANSMISSION OF
4 THE PROPOSED BALLOT MEASURE TO THE OFFICE OF THE CITY ATTORNEY FOR
PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS; OTHER RELATED
5 MATTERS.
6 SECTION 8. Filinl! of Resolution. The City Clerk of the City of San Bernardino is
7 directed to file a certified copy of this Resolution with the Board of Supervisors of the County of
8 San Bernardino and to file a copy of this Resolution with the Registrar of Voters.
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DHC/tbm [Reso. Calling Special Election Dlegal Alien] 4
1 RESOLUTION OF THE CITY OF SAN BERNARDINO CALLING AND GIVING NOTICE
OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SAN BERNARDINO
2 ON SEPTEMBER 12, 2006 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
ELECTORS OF THE CITY A PROPOSED INITIATIVE ORDINANCE RELATING TO ILLEGAL
3 IMMIGRATION; REQUESTING THE REGISTRAR OF VOTERS OF THE COUNTY OF SAN
BERNARDINO TO CONDUCT THE SPECIAL MUNICIPAL ELECTION; TRANSMISSION OF
4 THE PROPOSED BALLOT MEASURE TO THE OFFICE OF THE CITY ATTORNEY FOR
PURPOSES OF PREPARATION OF AN IMPARTIAL ANALYSIS; OTHER RELATED
5 MATTERS.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Conunon Council of the City of San Bernardino at a
meeting
8 thereof, held on the day of
9 COUNCIL MEMBERS: AYES NAYS
10 ESTRADA
II BAXTER
12 MCGINNIS
13 DERRY
14 JOHNSON
IS KELLEY
16 MCCAMMACK
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, 2006, by the following vote, to wit:
ABSTAIN ABSENT
CITY CLERK
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The foregoing Resolution is hereby approved this
day of
,2006.
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PATRICKJ. MORRIS, Mayor
City of San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN
City Attorney
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27 By: .k~ '1-.~
(l
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EXHIBIT "A"
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
5.27 TO THE SAN BERNARDINO MUNICIPAL CODE OF THE CITY OF. SAN
BERNARDINO IMPOSING REQUIREMENTS AND SANCTIONS ON BUSINESSES AND
INDIVIDUALS REGARDING DAY LABORER AGENCIES, THE SOLICITATION OF
F:6H~BW?NRJ~RS1:Z~~~ t~lht.rsEll6~gJk~f~t5R Itl~~r/M n<6~E~~~
TO ILLEGAL ALIENS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.27 is hereby added to the San Bernardino Municipal Code to
read as follows:
Chapter 5.27
ILLEGAL IMMIGRATION RELIEF ACT
Sections:
5.27.005
5.27.010
5.27.015
5.27.020
5.27.025
5.27.030
5.27.035
5.27.040
5.27.050
5.27.060
5.27.065
Title.
Findings and Declaration of Purpose.
DefinitIons.
Daj' Laborer Agencies.
Solicitation of Day Laborers.
Business Permits) Contracts or Grants.
Renting to Illegal Aliens.
Englisli Only.
Severability.
Injunctive and Declaratory Relief.
Duties to Defend.
16 5.27.005 Title.
This chapter shall be known and may be cited as the "City of San Bernardino Illegal
Immigration Relief Act Ordinance."
5.27.010 Findings and Declaration of Purpose.
The People of the City of San Bernardino find and declare:
A.
That illegal immigration leads to higher crime rates, contributes to overcrowded
classrooms and faIling schools, subjects our hospitals to fiscal hardship and legal
residents to substanaard quali t)' of care, and destroys our neighborhoods and
diminishes our overall quality of life.
That the City of San Bernardino is empowered and mandated by the People of San
Bernardino to abate the nuisance of illegal immigration by aggressively
prohibiting and punishing the acts, policies, people and businesses that aid and
abet illegal aliens.
Definitions.
B.
5.27.015
Whenever used in this chapter, the following terms shall have the following meanings:
A.
"City" means the City of San Bernardino.
DHC/js [Ordinances\IlIegal Alien.Ordinance]
EXHIBIT "A"
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.27 TO
THE SAN BERNARDINO MUNICIPAL CODE OF THE CITY OF SAN BERNARDINO
IMPOSING REOUIREMENTS AND SANCTIONS ON BUSINESSES AND INDIVIDUALS
REGARDING D1\ Y LABORER AGENq~SJ THE SOLICIT A TION OFDA Y LABORERS~
AIDING AND ABETTING ILLEGAL IMlVIIGRA TION AND PROHIBITING PERSON:'l
1 OR ENTITIES FROM RENTING OR LEASING PROPERTY TO ILLEGAL ALIENS.
"Contract employer" means any person who obtains the services of one or more
individuals through a day labor agency.
"Day Labor" means labor or employment that is irregular or occasional at which
a person is employed for not longer than the time required to complete the
assignment. For the purposes of this chapter, "day labor" does not include
secretarial, clerical or professional services.
"Day Laborer Agency" or "agency" means any entity engaged in providing day
labor workers for a contract employer.
E. "Day Laborer" means any person who seeks day labor employment.
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D.
F.
G.
5.27.020
B.
c.
"Solicit" or "solicitation" means and includes the following:
The act of making a request, offer or an announcement by the use of
spoken word, bowly act or gesture;
A solicitation as defined in this section shall be deemed completed when
made, whether or not an employment relationship is created.
"Vehicle" means a vehicle as defined in California Vehicle Code Section 670 as
the same now reads or may hereafter be amended.
1.
2.
Day Laborer Agencies.
A. Public Funding
1.
B.
The City shall not operate, construct, maintain or fund any day laborer
agencies.
Operational Procedures, Requirements and Responsibilities
1.
No person or entity shall engage in the business of a day laborer agency
without first having obtainea and met all applicable business licensing and
zoning requirements by the City.
Day Laborer Agencies are prohibited from procuring work on behalf of
day laborers that are not legally authorized to work m the United States.
Agency assumes strict liability with respect to ensuring that all day
laborers matched with a contract employer are legally authorized to work
in the United States.
Each agency must collect a completed Employment Eligibility
Verification Form 1-9 for each prospective day laborer and must retam the
1-9 form of each employee either for three years after the date of hire or for
one year after the employment is terminated, whichever is later.
Each agency must conduct extensive background checks on each
prospective day laborer seeking day labor employment to verif)' the
veracity of all identification informatIOn and to ensure that each applicant
is legally authorized to work in the United States.
2.
3.
4.
DHC/js [Ordinances\Illegal Alien.Ordinance]
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EXHIBIT "A"
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.27 TO
THE SAN BERNARDINO MUNICIPAL CODE OF THE CITY OF SAN BERNARDINO
IMPOSING REaUIREMENTS AND SANCTIONS ON BUSINESSES AND INDIVIDUALS
N&~Wl~& ~Btt~~~l\lt~g~~~~~IIlA~ W5~C11tl~~S.?fuytI~~A:E~~~
1 OR ENTITIES FROM RENTING OR LEASING PROPERTY TO ILLEGAL ALIENS.
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2 6 5.27.025
27 A.
c.
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5.
Each agency shall collect all compensation from the contract employer for
each day laborer transaction.
Each agency is responsible for deducting required FICA and state and
federal mcome taxes and remitting payment of remainder to day laborer.
Each agency' shall purchase general liability insurance in amount not less
than two mIllion dollars.
Each agency shall provide toilet facilities within its place of business to
accommodate the needs of day laborers using the agency.
Each agency shall create an account and record of each day laborer
applicant containing the information from the background check and all
employment transactions.
Each agency shall create an accurate record of each transaction by which
a day laborer was sent to a contract employer. The record shall include:
6.
7.
8.
9.
10.
a.
The name of the day laborer and the date of the transaction;
The address of the day laborer;
The name, address and telephone number of the contract
employer;
The name and title of the individual at the contract employer's
place of business responsible for the transaction;
The type of work to be performed;
The hourly rate of pay to the day laborer;
The compensation payable by the contract employerto the agency;
The number of hours worked by the day laborer;
Actual deductions from the day laborer's compensation made by
the agency.
b.
c.
d.
e.
f.
g.
h.
1.
Violations.
Any person or entity that violates any portion of this section shall be
subject to a fine of not less than $1,000 for each offense. Each day that a
violation shall continue shall constitute a separate and distinct offense.
Any licensee who violates any provision of thiS chapter shall be subject to
suspension or revocation of any licenses and penruts.
Solicitation of Day Laborers.
1.
Any person or his or her servant, agency, or employee who owns,leases, conducts
or maintains any vehicle used to solicit day laborers is guilty of creating a
nuisance.
DHC/js [Ordinances\JIlegal Alien.Ordinance]
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EXHIBIT "A"
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.27 TO
THE SAN BERNARDINO MUNICIPAL CODE OF THE CITY OF SAN BERNARDINO
IMPOSING REQUIREMENTS AND SANCTIONS ON BUSINESSES AND INDIVIDUALS
REGARDING DA Y LABORER AGENCIES THE SOLICITATION OF DA Y LABORERS
AIDING AND ABETTING ILLEGAL IMMIGRATION AND PROHIBITING PERSONS
1 OR ENTITIES FROM RENTING OR LEASING PROPERTY TO ILLEGAL ALIENS.
B.
Unless procured at a day laborer agency in compliance with this Chapter or at the
legal residence of the day laborer offering hislher services, any veliicle used to
solicit or attempt to solicit or attempt to solicit the services of a day laborer is
declared a nuisance and the vehicle shall be enjoined and abated by seizure and
impoundment, as provided in Chapter 8.35 of the San Bernardino Municipal
Code. If the Common Council amends Chapter 8.35, that Chapter shall be added
in its original form to this Chapter.
This section shall not be construed so as to prohibit a business establishment or
property owner from soliciting or hiring employment at or on his or its premises.
For the purpose of this sectIOn, vehIcles and other similar types of mobile
locations shall not be considered a business establishment or premises.
Business Permits, Contracts or Grants.
c.
5.27.030
Any for profit entity, including acts committed by its parent company or subsidiaries, that
aids and abets illegal aliens or illegal immigration shall be denied approval of a business permit,
the renewal of a business permit, cIty contracts or grants for a period not less than five years from
its last offense.
A.
Aiding and abetting shall include, but not be limited to, the hiring or attempted
hiring of illegal aliens, renting or leasing to illegal aliens, or funding or aiding in
the establishment of a day laoorer center that does not verify legal work status.
Any act that aids and abets illegal aliens within the United States, not just within
the City limits, will constitute a violation.
Renting to Illegal Aliens.
Illegal aliens are prohibited from leasing or renting property. Any property owner
or renter/tenant/lessee in control of property, who allow an illegal aliens to use,
rent or lease their property shall be in violation of this section, irrespective of such
person's intent, knowledge or negligence, said violation hereby being expressly
oeclared a strict liability offense.
Property owner is hereby required to submit a copy of the lease or rental
agreement to the City Clerk's Office within 45 days of execution.
Any person or entity that violates this section shall be subject to a fine of not less
than $1,000.
English Only.
B.
5.27.035
A.
B.
C.
5.27.040
Unless explicitly mandated by the federal government, the state of California orthe county
of San Bernardino, all official city business, forms, documents, signage, telecommunication or
electronic communication devices will be conducted or written in or utIlize English only.
5.27.050
Severability.
If any part or provision of this Chapter is in conflict or inconsistent with applicable
provisions of feoeral or state statutes, or is otherwise held to be invalid or uneforceabfe by any
court of competent jurisdiction, such part or provision shall be suspended and superseded by such
applicable laws or regulations, and tlie remamder of this Chapter shall not be affected thereby.
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EXHIBIT "A"
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.27 TO
THE SAN BERNARDINO MUNICIPAL CODE OF THE CITY OF SAN BERNARDINO
IMPOSING REa.UIREMENTS AND SANCTIONS ON BUSINESSES AND INDIVIDUALS
~rii~Wl~g ~Btt;~~~t~8~~~~1Wi~?5kCl~tl~~S3fuytI~~AfE~~~
1 OR ENTITIES FROM RENTING OR LEASING PROPERTY TO ILLEGAL ALIENS.
2 5.27.060
Injunctive and Declaratory Relief.
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Any citizen residing in the City of San Bernardino may sue for injunctive, declaratory, or
any other appropriate relief to enjoin violations orto compel compliance with the provisions of this
section.
5 5.27.065
Duties to Defend.
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If any part orrarts of this section are challenged in court, the City shall defend the legality
of this section until al appeals have been exhausted and a final judgment is enacted.
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EXHIBIT "A"
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.27 TO
THE SAN BERNARDINO MUNICIPAL CODE OF THE CITY OF SAN BERNARDINO
IMPOSING REOUlREMENTS AND SANCTIONS ON BUSINESSES AND INDIVIDUALS
REGARDING DA Y LABORER AGENCIES THESOLICITA TION OFDA YLABORERS
AIDING AND ABETTING ILLEGAL IMMIGRATION AND PROHIBITING PERSONS
1 OR ENTITIES FROM RENTING OR LEASING PROPERTY TO ILLEGAL ALIENS.
2 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the People of
3 the City of San Bernardino at a Special Municipal Election held on the 12th day of September, 2006,
4 by the following vote, to wit:
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6 FOR THE ORDINANCE
7 AGAINST THE ORDINANCE
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9 and was certified to the Mayor and Common Council on the _ day of
,2006.
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19 JAMES F. PENMAN
City Attorney
Rachel Clark, City Clerk
There is a legal question as to whether this Ordinance conflicts with or is preempted by Federal and
California laws. In addition, all or part of this Ordinance may conflict WIth the Constitution of the
United States, and the Constitution of the State of California. It is the opinion of the City Attorney
that this Ordinance may, therefore, be successfully challenged in court.
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BY;!- z {~
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