08.15.2017 Regular Meeting - Laserfiche WebLink

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City Council Meeting Minutes August 15,2017 is vaguely written, and doesn't provide clear boundaries for elected officials and city employees. Public officials are left in doubt about actions that could make them personally liable for thousands of dollars in civil penalties or removal from office for merely expressing an opinion that is protected by the First Amendment. We hope the pending lawsuit will address these concerns and give our community members,staff and elected officials peace of mind and clear boundaries. The City Council continues to weigh the issues surrounding SB 4, and as a part of our process we have obtained advice from our legal team, professional organizations and our city's legislative consultants. We believe the some of the facts they shared with us, should be shared with you. 1. Many of you are aware that there is a lawsuit pending before United States District Judge Orlando Garcia that will resolve the constitutional issues that have been raised regarding SB 4. His ruling will apply state-wide to all cities, even those that have not intervened in the case... including San Marcos. 2. The City has been very careful about public statements regarding SB 4. The way the bill is written, official criticism of the bill could, in itself, be construed as a violation of SB 4. Unless such statement is revoked before September 1st, any policy statement,whether formal or informal, by an employee or elected official that is believed to "materially limit the enforcement of immigration laws" can result in that person's removal from office and subject them to thousands of dollars in civil penalties. 3. Cities across the state have also expressed concerns about the loss of state and federal grant funds by those communities that publicly denounce SB 4. The state and federal funds the City of San Marcos receives provide much-needed benefits for our community including H.U.D. DR funds to help us recover from the devastating floods in 2015, public safety grants to keep our community safe, along with many others. 4. Communities across Texas have also expressed concerns that public statements denouncing SB 4 or expressing unwillingness to cooperate with the U.S. immigration authorities could lead to increased ICE raids focused on individuals who are not suspected of committing any crime. The City Council has absorbed this information; we have listened and heard the comments our community members have made. We hope this information clarifies our concerns surrounding SB 4, and our concerns for the City of San Marcos and those who live here. City of San Marcos Page 3