Los Alamitos City Council Votes to Opt Out of California’s ‘Sanctuary’ Law
3/19/18 Los Alamitos, CA
Preliminary Report By Robin Hvidston - full report to follow
Link for city council agenda:
http://cityoflosalamitos.org/?wpfb_dl=3092ORDINANCE NO. 2018-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF 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 Governmen
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 t
he 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 and 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
Tit
le 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,
subdi
visions, 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.
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