Westchester County
New York

Act
ACT-2017-165

Immigration Protection Act

Information

Department:Board of LegislatorsSponsors:D8 Legislator (Majority Whip) Alfreda Williams, D5 Legislator Benjamin Boykin, D9 Legislator (Majority Leader) Catherine Borgia, D7 Legislator Catherine Parker, D16 Legislator Kenneth W. Jenkins, D13 Legislator Lyndon Williams, D12 Legislator MaryJane Shimsky, D17 Legislator Virginia Perez
Category:Act

Body

An ACT regarding the policy of the County of Westchester regarding the treatment of individuals relating to their Citizenship or Immigration Status.

Meeting History

Feb 13, 2017 7:00 PM Video Board of Legislators Regular Meeting

On motion of Ms. Borgia the above item was received, filed and referred to the Committees on Public Safety & Social Services, Legislation and Budget & Appropriations.

RESULT:REFERRED TO COMMITTEE
May 8, 2017 2:00 PM Video Public Safety & Social Services Committee Meeting

Chair Boykin opened the committee meeting with a brief over view of the Legislators. The Immigrant protection Act clarifies the existing County policy while drawing from model ordinances put forth by the New York State Attorney General's office with the intent to ensure all County residents are protected. Some of the provisions of the bill are, to make sure the act safeguards the confidentiality of the information shared with all County Departments, prohibits County Officers and Officials from honoring Immigration and Customs Enforcement (ICE) detainer requests which do not give rights to a Criminal's probable cause, ensuring any service provided by a county agency shall be made available to all who are eligible not withstanding their immigration status, protecting the county from liabilities due to false arrests and imprisonment and that no county funds or facility are used to investigate enforce or assist in the investigation or enforcement of any Local, State or Federal program requiring registration of individuals on the basis of race, gender or sexual orientation, religion, ethnicity or national origin.

Chair Boykin invited the first guests to the table to speak. Carola Bracco, Executive Director of Neighbors Link addressed the Committee. Jessica Young, Esq. from the Westchester Hispanic Coalition believes the Act shows that local governments are standing with Westchester residents. It also promoted trust with local officials showing that they are fulfilling to maximize safety and promoting public safety their function Immigrants commit crimes at lower rates.

Ms. Anderson spoke, the language comports with the existing Police Department policy on the distinction between immigration detainers and judicial warrants. The policy is not to inquire about status and not to act on anything other than a judicial warrant. Ms. Anderson also states that the Attorney General has clarified that a Local Governments entity can only be subject to losing Federal funding if they are in violation of 8 USC 1873 and the language is drafted to be in compliance with that statute.

Ms. Anderson addressed the aspect of the bill that deals with the Police's interaction with ICE. It is important for the Police to work with ICE but Law Enforcement across the County has the structure and the reassurance that they need to follow these types of Immigrant and community friendly policy. It is important that all of the boundaries be clearly delineated so that everyone knows what is happening and why. The way that the Act is drafted it addresses all parties involved and provides them with definitions and also tells the Police and Corrections what information can be shared. This enables everyone to know what their rights are, where they stand, what is expected of them, what questions are asked and how they should be responded.

Legislator Tubiolo asked a few corrections. What is the Department of Corrections' (DOC) process if someone comes in? Do they give their information to ICE automatically? Is there communication between the DOC and ICE?

Ariel Gould Esq., Westchester Hispanic Coalition, responded to say the currently the DOC has been instructed to not the origin of birth for every person booked. Tubiolo asked if they are required to provide their immigration status such as citizenship. Ms. Gould, answered no, not citizenship. Ms. Karin added that the place of birth question is a proxy for citizenship. The DOC then provides ICE with a list of the jailer's country of origin. The proposed Act prohibits that question along with the question of their immigration status.

Legislator Tubiolo also asked who provides counsel to the jailers? Mr. Moravec responded, no, the right to seek counsel is written in the bill as a time window of 72 hours before ICE can then come and proceed. The counsel is used when ICE is conducting a criminal investigation.

Legislator Corcoran asked is there are any other reasons why Corrections would ask that type of question, perhaps to find out if there is any gang association or organized crime? Ms. Merton responded to say they there cannot be an assumption made based on county of origin, that everyone from a given county is associated with crime. It has become more of a habit than an actual necessary question to be asked.

Legislator Tubiolo asked if there has been an increase in ICE activity in the NYC Metro area? The increases are documented of the increase the rate of arrests and deportation of non-criminal offenders has doubled since January 2017. www.trac.org.

Ms. Gould clarified that legislation like this makes it much easier for Police officials to say that they do not want to participate or they cannot participate in providing certain information to ICE. It helps them to fight against that pressure by having something to fall back on that they can point to that explicitly says they cannot participate. It is much easier and a stronger defense to have something in writing like this bill.

RESULT:PENDING
Jun 19, 2017 1:01 PM  Public Safety & Social Services Committee Meeting

Both Board Chairman Kaplowitz and Majority Leader Borgia made their statements to the Committee on the current status of the proposed Immigrant Protection Act.

Kari Cubillos addressed the Committee to discuss an incident involving Diego Puma, an Ossining student who was detained by Immigration and Customs Enforcement (ICE) on Friday, June 9, 2017. There have been many forums held in the Community to address concerns of how to interact with ICE of they were to show up at your door. The sentiments of these forums are different when a person is actually is facing these scenarios in real life. Many people in the community question the process and how the situation was handled by both ICE and the Ossining Police Department. There were two representatives from the Police Dept. present during the incident and the question is why were they there? ICE has a policy that they may or may not inform the Police Dept. if they plan on detaining someone. The Chief of Police told community members that ICE did not contact the Police Dept. prior to detaining Diego Puma.

Ms. Cubillos also stated that 40% of Ossining residents are Latino. The residents are in total fear for themselves and their family members. The main question the community wants to be answered is, what is the correct procedure in a situation similar to what Diego Puma encountered?

Majority Leader Borgia added that the County needs some clarity as to how incidents like this happen. There is a lot of confusion between the Community members, the Police Departments and etc. This legislation is to help clarify the laws like this to help individuals.

Chair Boykin closed the meeting and stated that there will be more discussion on the topic and we are looking forward to input from the Administration.

RESULT:PENDING
Jun 26, 2017 1:00 PM Video Public Safety & Social Services Committee Meeting

Majority Leader Borgia thanked the Vice-Chairman Jim Maisano for helping to move the legislation forward. The advocates have agreed to meet with the administration to discuss the Proposed Act to hash out some of their issues and concerns. Vice- Chairman Maisano was able to get some assurance that the administration will go over the legislation and come back to the Committees to have discussions about their specific points of the legislation. The goal is to get an Act that the majority of Legislators, both Democrats and Republicans can support and that the County Executive will not veto.

Vice-Chairman Maisano addressed the Committee and stated that he has tried to work with the Advocates, his Caucus and the Administration to see if there is a way to get a consensus piece of legislation. And that at the end of the day the Executive branch will be in charge of enforcing this law so there buy-in in necessary. He hopes that they get the administration input so that the legsilation can move forward.

Jul 10, 2017 2:00 PM Video Public Safety & Social Services Committee Meeting

The Committees began discussion of Item 9928- the Immigration Protection Act. Deputy County Executive Plunkett explained where the Administration stood on this important piece of legislation. They have been reviewing the legislation that the Board has created, meeting with the Commissioners of the various departments to hear their concerns, as well as the suggestions from advocacy groups in order to create legislation that will have bipartisan support and does not run into "sanctuary city or county" concerns of the Federal government. The administration felt it would be best to meet with the Committees with all the Commissioners present, who would speak to the Committees about their particular concerns. Also, if there were any changes that the Committees would like to make, the administration can work with the committees on those changes.

Commissioner Longworth of Public Safety, Commissioner McGuire of Social Services, Commissioner Pozzi of Probation and Deputy Commissioner Pruyne of Correction explained their concerns with the legislation and suggested changes to the legislation that would address these problems. The committee members asked questions as they continued to review the legislation. Some of the items that came up were: what information the various departments require, what information is required for the State, whether country of birth should be asked, privacy and constitutional issues, the rights of prisoners and cooperation with other agencies including the Department of Homeland Security. A long discussion ensued.

Representatives of advocate groups, Neighbor's Link and the Westchester Hispanic Coalition, made comments concerning the legislation and attempted to address some of the issues that have been raised.

Legislator Kaplowitz noted that time is of the essence. We want to get it right, but sooner rather than later and will continue to work to move this forward as fast as possible. He asked that the parties concerned work during the rest of this week to develop legislation that we can send to the Administration.

RESULT:PENDING
Jul 10, 2017 2:01 PM  Legislation Committee Meeting

The Committees began discussion of Item 9928- the Immigration Protection Act. Deputy County Executive Plunkett explained where the Administration stood on this important piece of legislation. They have been reviewing the legislation that the Board has created, meeting with the Commissioners of the various departments to hear their concerns, as well as the suggestions from advocacy groups in order to create legislation that will have bipartisan support and does not run into "sanctuary city or county" concerns of the Federal government. The administration felt it would be best to meet with the Committees with all the Commissioners present, who would speak to the Committees about their particular concerns. Also, if there were any changes that the Committees would like to make, the administration can work with the committees on those changes.

Comm. Longworth of Public Safety, Comm. McGuire of Social Services, Comm. Pozzi of Probation and Dep. Comm. Pruyne of Correction explained their concerns with the legislation and suggested changes to the legislation that would address these problems. The committee members asked questions as they continued to review the legislation. Some of the items that came up were: what information the various departments require, what information is required for the State, whether country of birth should be asked, privacy and constitutional issues, the rights of prisoners and cooperation with other agencies including the Dept. of Homeland Security. A long discussion ensued.

Representatives of advocate groups, Neighbor's Link and the Westchester Hispanic Coalition, made comments concerning the legislation and attempted to address some of the issues that have been raised.

Chair Kaplowitz noted that time is of the essence. We want to get it right, but sooner rather than later and will continue to work to move this forward as fast as possible. He asked that the parties concerned work during the rest of this week to develop legislation that we can send to the Administration.

To view the full discussion, please go to: http://westchestercountyny.iqm2.com/Citizens/VideoScreen.aspx?Command=TryWmp&MediaURL=http%3a%2f%2f10.16.18.11%2fStreaming%2fWestchesterCountyNY_Encoder1.isml%2fmanifest

RESULT:PENDING
Jul 17, 2017 9:30 AM Video Budget & Appropriations Committee Meeting

This is for discussion only. The financials still have not arrived nor has the SEQR. The cost is listed as "to be determined" on the FIS. Chair Marcotte said she would not present the FIS for discussion and the Budget Committee adjourned at 3:30 p.m.

RESULT:PENDING
Jul 17, 2017 1:00 PM Video Legislation Committee Meeting

County Attorney Meehan stated that he will be addressing just legal issues. Any issues in the legislation that are policy issues should be discussed with the Departments of Public Safety, Correction & Social Services. He noted that there are some wording and drafting issues that he thinks could be better, but he hasn't had a chance to go through it completely. He gave an example on pg. 4 section 7 that was in conflict with New York State Corrections Law.

Leg. Parker noted that there was a meeting going on right now with the advocates and the Administration and noted that the sponsor of this legislation, Leg. Borgia is also in that meeting and Leg. Parker felt that this meeting should wait until that meeting is over. Leg. A. Williams made a motion to recess at the call of the Chair and Chair Kaplowitz seconded. Leg. Kaplowitz stated that the meeting between the advocates and the administration had been scheduled a while ago and was coincidental to the meeting we are having this morning.

Leg. Marcotte stated the Budget & Appropriations was also recessed this morning and will go back into session this afternoon along with Legislation & Public Safety & Social Services.

Chair Perez called a vote on the recess and the meeting was recessed at 1:34pm.

The Committees came out of recess at 3:30pm. Leg. Boykin made a statement to clear up the confusion about versions earlier this morning. Chair Kaplowitz made a brief statement thanking all the participants for their assistance in producing this Act. He stated that any interested legislators will meet off line with Legislators Borgia and Maisano and Chris Crane to reconcile and create the final version in order to get this resolved. He hoped that when it was complete, the legislation will be brought before all three committees to convene next Monday, July 24 to review the work and bring in any extra testimony, and ask the Administration to send down any Commissioners needed. After discussion and hopefully signing out the legislation, it would go to the next Board of Legislators meeting on Aug. 7 at 10:00am.

Leg. Borgia noted that this is a big issue and its important to have these guidelines. Leg. L. Williams stated for the record that this legislation is important and time is of the essence. Leg. Testa asked to have the comments of the County Attorney on record in writing.

Leg. Boykin concluded by stating that he will be looking for another tightened up version, with County Attorney input in writing in order to finalize the legislation on Monday, July 24.

To view this meeting, please go to: http://westchestercountyny.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=4656&Format=Agenda

RESULT:PENDING
Jul 17, 2017 1:00 PM  Public Safety & Social Services Committee Meeting

County Attorney Robert Meehan was invited to the table to discuss the legislation and stated that he will only address the legal issues, and that the policy issues should be discussed with the Departments of Public

Safety, Correction & Social Services. He noted that there are some wording and drafting issues that he thinks could be better, but he has not had a chance to go through it completely. He gave an example on page 4 section 7 that was in conflict with New York State Corrections Law.

Legislator Parker noted that there was a meeting going on right now with the advocates and the Administration along with the sponsor of the legislation, Majority Leader Catherine Borgia. Legislator Parker felt that the committees should wait until that meeting is over.

Legislator A. Williams made a motion to recess at the call of the Chair and Legislator Kaplowitz seconded the motion.

Legislator Kaplowitz stated that the meeting between the advocates and the administration had been scheduled a while ago and was coincidental to the meeting we are having this morning.

Legislator Marcotte stated the Budget & Appropriations also recessed this morning and will go back into session this afternoon along with Legislation & Public Safety & Social Services.

Legislator Perez called a vote on the recess and the meeting was recessed at 1:34pm.

The Committees came out of recess at 3:30pm.

Chair Boykin made a statement to clear up the confusion about versions earlier this morning. Legislator Kaplowitz made a brief statement thanking all the participants for their assistance in producing this Act. He stated that any interested legislators will meet off line with Legislators Borgia and Maisano and Chris Crane

to reconcile and create the final version in order to get this resolved. He hoped that when it was complete, the legislation will be brought before all three committees to convene next Monday, July 24 to review the work and bring in any extra testimony, and ask the Administration to send down any Commissioners needed. After discussion and hopefully signing out the legislation, it would go to the next Board of Legislators meeting on Aug. 7 at 10:00am.

Legislator Borgia noted that this is a big issue and its important to have these guidelines. Legislator L.

Williams stated for the record that this legislation is important and time is of the essence.

Legislator Testa asked to have the comments of the County Attorney on record in writing.

Legislator Boykin concluded by stating that he will be looking for another tightened up version, with County Attorney input in writing in order to finalize the legislation on Monday, July 24.

RESULT:PENDING
Jul 24, 2017 1:00 PM Video Legislation Committee Meeting

Chair Boykin stated that Vice Chair Maisano and Majority Leader Borgia have been working to put together a draft that is still in developmennt. There are some legal, reporting and financial issues that we want to clarify. Leg. Maisano noted that the document that was passed out was to inform the members of what the agreements, disputes, questions have arisen during several meetings with different groups. He stated that for the the last couple of months there have been extensive meeting with advocates, legislators and the 9th floor to see if we can come up with a bipartisan consensus Immigrant Protection Law. Over the last few weeks it has become clear that there some differences among the three groups. That is why we are having these meeting with the Legislators, advocates and administration. Leg. Maisano thought it is needed to be made clear what sections are mostly agreed upon and what sections are problematic and need to be worked on.

Leg. Maisano began to review the document section by section and suggested that he go through it to identify the problems and then as group discuss the next steps.. He noted that some of our members have questions for the guests who included: Public Safety Commissioner Longworth, Correction Commissioner Cheverko, Probation Commissioner Pozzi, Social Services Commissioner McGuire, County Attorney Meehan and Budget Director Soule.

Leg. Maisano stated that he believed that Section 7 has the most problems. The County Attorney believes that Section 7d violates 8 USC 1373.

Leg. Borgia noted that the bill serves two purposes. She stated that once a sufficient number of members have agreed to this legislation that it provides very clear policy directives. Second, we want to drill down on some of the assumptions on the Fiscal Impact Statement and while we have the Commissioners here, see what will be the impact of this policy change.

There was a discussion about what information departments are required to collect and how to protect the immigrants while allowing the Departments to properly do their jobs as well as comply with the Federal law.

County Attorney Meehan discussed his problems with Section 7d. in connection with 8 USC 1373. He was asked to submit a written review of the proposed Act regarding the collection of confidential information on immigration status for the next meeting. A long discussion ensued.

Clare Degnan, Executive Director of the Legal Aid Society Westchester discussed how the proposed legislation would affect the work of the Legal Aid Society and its clients and made some suggestions.

Karin Anderson of Neighbor's Link and Jessica Young of the Westchester Hispanic Coalition also discussed the legislation and brought up issues that they thought should be changed.

Leg. Boykin said the Leg. Maisano and Leg. Borgia will take the information gathered today and continue to work to improve the legislation.

To view this meeting, please go to: http://westchestercountyny.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=4661&Format=None

RESULT:PENDING
Jul 24, 2017 1:01 PM  Public Safety & Social Services Committee Meeting

Chair Boykin stated that Vice Chair Maisano and Majority Leader Borgia have been working

to put together a draft that is still in developmennt. There are some legal, reporting and

financial issues that we want to clarify. Leg. Maisano noted that the document that was

passed out was to inform the members of what the agreements, disputes, questions have

arisen during several meetings with different groups. He stated that for the the last couple

of months there have been extensive meeting with advocates, legislators and the 9th floor

to see if we can come up with a bipartisan consensus Immigrant Protection Law. Over the last few weeks it has become clear that there some differences among the three groups. That is why we are having these meeting with the Legislators, advocates and administration. Leg. Maisano thought it is needed to be made clear what sections are mostly agreed upon and what sections are problematic and need to be worked on.

Legislator Maisano began to review the document section by section and suggested that he go through it to identify the problems and then as group discuss the next steps. He noted that some of our members have questions for the guests who included: Public Safety Commissioner Longworth, Correction Commissioner Cheverko, Probation Commissioner Pozzi, Social Services Commissioner McGuire, County Attorney Meehan and Budget Director Soule.

Legislator Maisano stated that he believed that Section 7 has the most problems. The County Attorney believes that Section 7d violates 8 USC 1373.

Legislator Borgia noted that the bill serves two purposes. She stated that once a sufficient number of members have agreed to this legislation that it provides very clear policy directives. Second, we want to drill down on some of the assumptions on the Fiscal Impact Statement and while we have the Commissioners here, see what will be the impact of this policy change.

There was a discussion about what information departments are required to collect and how to protect the immigrants while allowing the Departments to properly do their jobs as well as comply with the Federal law.

County Attorney Meehan discussed his problems with Section 7d. in connection with 8 USC 1373. He was asked to submit a written review of the proposed Act regarding the collection of confidential information on immigration status for the next meeting. A long discussion ensued.

Clare Degnan, Executive Director of the Legal Aid Society Westchester discussed how the proposed legislation would affect the work of the Legal Aid Society and its clients and made some suggestions.

Karin Anderson of Neighbor's Link and Jessica Young of the Westchester Hispanic Coalition also discussed the legislation and brought up issues that they thought should be changed. Leg. Boykin said the Leg. Maisano and Leg. Borgia will take the information gathered today and continue to work to improve the legislation.

RESULT:PENDING
Jul 31, 2017 10:00 AM  Budget & Appropriations Committee Meeting

(B&A IS UNABLE TO SIGN OUT THIS LEGISLATION AS WE HAVE NOT RECEIVED A CORRECTED FIS, UPDATED/CORRECTED SEQR, NOR UPDATED LEGISLATION. WHEN ALL THIS INFORMATION IS RECEIVED, WE WILL GLADLY DISCUSS AND SIGN IT OUT.)

Jul 31, 2017 1:00 PM Video Public Safety & Social Services Committee Meeting

Legislator Maisano began by explaining this process has been ongoing for several months joined by the Administration and advocate groups. At present we are working on the July 12 draft which was amended on Friday, July 28. This is the latest draft which incorporates all the changes that have been made so far.

Section 1 -Registry- discussed putting back deleted section on registry - not decided.

Section 2b-changed jurisprudence to case law; deleted local and added statute to state. Moved by Legislator Corcoran and seconded by Legislator Tubiolo.

Section 2c-changed to read "County resources shall not create an official registry of Westchester residents for the purposes of targeted profiling, based on race, sex, gender identity, sexual orientation, religion, ethnicity, or national origin.

Section 3-deleted-or place of birth, Sec. 3a deleted lawfully & or local; Sec 3c-deleted ongoing-changes moved by Legislator Shimsky, seconded by Legislator Corcoran-accepted by committee.

Section 6b-deleted place of birth; Sec. 6D - deleted - changes moved by Legislator A. Williams, seconded by Legislator Tubiolo and accepted by committee.

Section 7a-There was a long discussion on deleting "including but not limited to place of birth, release date and time, address. Changes were moved by Legislator Williams, seconded by Legislator Tubiolo - no vote took place. Correction Commissioner Cheverko had some problems with the suggested changes. After a discussion, he Committees decided to move on and come back to Section 7 later;

Sec. b- Items #1&4 were deleted, #2&3 had minor changes and they were renumbered as 1&2. Changes moved by Legislator A. Williams, seconded by Legislator Corcoran -accepted by committee. Legislator Maisano said for the record that we have every intention of following federal law. There was a discussion with the County Attorney about the possibility of losing grants if we don't follow the federal laws.

Section 8-There was a discussion on a more specific definition of equipment but no changes were made.

Section 9- In Sec. a, b, c CLEA was changed to Department of Correction. There was a discussion concerning Judicial Warrants in civil immigration matters. Changes made to Sec. a, b, c moved by Legislator Kaplowitz, seconded by Legislator Corcoran and accepted by committee.

There was a suggestion to add "based on the most recent census" to the last sentence in Sec. c. It was agreed to but not specifically voted on.

Section 11a1-There was a discussion about the translation issue for notices to individuals.

Sec. 11b-They agreed to take a closer look on simultaneous notification of individuals and their attorneys.

Sections 12a, b- Legislator Maisano stated that they would review these sections with Jeffrey Weiss, Dept. of Public Safety.

Section 14-CLEAs changed to Dept. of Correction - moved by Legislator Kaplowitz, seconded by Legislator Burrows-accepted by committee.

Section 18-Commissioner Cheverko asked to have the effective date changed to sixty days. The change was moved by Legislator Maisano seconded by Legislator Corcoran - accepted by committee.

Legislator Marcotte noted that they had not received or discussed the Fiscal Impact Statement and the SEQRA and therefore she didn't feel that they were prepared to accept this legislation without further discussion.

Chair Kaplowitz agreed and suggested that the Committees meet again this week or Monday, August 7 at 9:00am after Legislator Maisano and Borgia and other parties have had a chance to further revise the legislation. He suggested that at the 9:00am meeting on Monday, if the Committees sign out the legislation a special meeting of the Board of Legislators would be held later that day to consider and vote on it.

RESULT:PENDING
Jul 31, 2017 1:01 PM  Legislation Committee Meeting
draft Draft

Leg. Maisano began by explaining this process has been ongoing for several months joined by the Administration and advocate groups. At present we are working on the July 12 draft which was amended on Friday, July 28. This is the latest draft which incorporates all the changes that have been made so far.

Section 1 -Registry- discussed putting back deleted section on registry - not decided.

Section 2b-changed jurisprudence to case law; deleted local and added statute to state.

Section 2c-changed to read "County resources shall not create an official registry of Westchester residents for the purposes of targeted profiling, based on race, sex, gender identity, sexual orientation, religion, ethnicity, or national origin - changes moved by Leg. Maisano/seconded by Leg. Burrows-accepted by committee.

Section 3-deleted-or place of birth, Sec. 3a deleted lawfully & or local; Sec 3c-deleted ongoing-changes moved by Leg. Maisano/seconded by Leg. Burrows-accepted by committee.

Section 6b-deleted place of birth; Sec. 6D - deleted - changes moved by Leg. Maisano/seconded by Leg.Burrows-accepted by committee.

Section 7a-There was a long discussion on deleting "including but not limited to...place of birth, release date and time, address. Changes were moved by Leg. Maisano/seconded by Leg. Burrows - no vote took place. Correction Comm. Cheverko had some problerms with the suggested changes. After a discussion, he Committees decided to move on and come back to Section 7 later; Sec. b-Iitems #1&4 were deleted, #2&3 had minor changes and they were renumbered as 1&2. Changes moved by Leg. Maisano/seconded by Leg. Burrows-accepted by committee. Leg. Maisano said for the record that we have every intention of following federal law. There was a discussion with the County Attorney about the possiblility of losing grants if we don't follow the federal laws.

Section 8-There was a discussion on a more specific definition of equipment but no changes were made.

Section 9- In sec.a, b,c CLEA was changed to Department of Correction. There was a discussion concerning Judicial Warrants in civil immigration matters. Changes made to sec. a, b, c moved by Leg. Kaplowitz/seconded by Leg. Maisano-accepted by committee. There was a suggestion to add "based on the most recent census" to the last sentence in Sec. c. It was agreed to but not specifically voted on.

Section 11a1-There was a discussion about the translation issue for notices to individuals. Sec. 11b-They agreed to take a closer look on simultaneous notification of individuals and their attorneys.

Sections 12a, b- Leg. Maisano stated that they would review these sections with Jeffrey Weiss, Dept. of Public Safety.

Section 14-CLEAs changed to Dept. of Corrrections - moved by Leg. Maisano/seconded by Leg. Williams-accepted by committee.

Section 18-Commissioner Cheverko asked to have the effective date changed to sixty days. The change was moved by Leg. Maisano/seconded by Leg. Perez-accepted by committee.

Leg. Marcotte noted that they had not received or discussed the Fiscal Statement and the SEQRA and therefore she didn't feel that they were prepared to accept this legislation without further discussion.

Chair Kaplowitz agreed and suggested that the Committees meet again this week or Monday, Aug 7 at 9:00am after Leg. Maisano and Borgia and other parties have had a chance to further revise the legislation. He suggested that at the 9:00am meeting on Monday, if the Committees sign out the legislation a special meeting of the Board of Legislators would be held later that day to consider and vote on it.

RESULT:PENDING
Aug 7, 2017 9:00 AM Video Legislation Committee Meeting
draft Draft

Leg. Boykin explained what was in the legislator's packets. Leg. Borgia then discussed some of the changes that were made. Two sections in particular were still outstanding -1 item in section 7 and section 14-reporting requirements.

Leg. Maisano suggested adding #4 to Section 7 and read the new item into the record. Leg. Corcoran noted that he thought there had been changes that had been made and voted on last wee,k that weren't added to the new document. Chris Crane and Leg. Maisano explained which changes were voted on and which were not.

Leg. Maisano stated that Sections 1-6 had been approved and noted that we had voted on changes to 7a 1&4 at the meeting last week. He noted that other changes had been made to the definitions which have have not been voted on. He continued to discuss other changes that had been suggested.

Section 2c - add the word immigration before the word profiling -moved by Leg. Maisano/seconded by Leg. Marcotte-approved.

Section 7a line 2 - change "relating" to "with respect

Section 9 - delete Italian.

Section 11 - delete Sect. 11.a.1 because we learned that these documents are already provided. Sec. b changed last word to any rather than if application-moved by Leg. Maisano/seconded by Leg. Boykin-approved.

Section 12 - merge a and b into one after a discussion with Jeff Weiss of the Dept. of Public Safety.

Section 14 - delete in its entirety - moved by Leg. Maisano/seconded by Leg. Shimsky-approved.

Section 15 - update to tighten up the language.

Section 18 - change date to become effective sixty days after adoption- moved by Leg. Perez/seconded by Leg. Maisano-approved

Leg, Maisano returned to Section 7 and moved to add 7a.3 which he read into the record.

Leg. Maisano moved to accept all changes/Leg. Boykin seconded-approved.

There was a long discussion on the fiscal statement and possible loss of grants. The County Attorney discussed his recent memo on this subject.

Leg, Kaplowitz noted that Corrections should be changed to Correction. Leg. Maisano also stated that since Section 14 had been removed all the numbers had to be changed. Leg. Maisano moved these changes/Leg. Burrows seconded - approved.

The Committee report was then discussed. Definition of Sanctuary County was discussed and the language was removed and changed-motion moved by Leg. Testa/seconded by Leg. Burrows-approved. Other changes were made-Leg. Maisano moved to accept the Committee report as amended, seconded by Leg. Perez.

With a motion by Legislator Maisano and seconded by Legislator Perez, the item was approved as amended with a vote of 9 - 0 with Legislators Marcotte, Testa and Burrows voting without prejudice.

To view this meeting. please go to: http://westchestercountyny.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=4671&Format=Agenda

RESULT:SIGNED BY COMMITTEE
Aug 7, 2017 9:01 AM  Public Safety & Social Services Committee Meeting

Legislator Boykin opened the meeting and explained what was in the legislator's packets. Legislator Borgia then discussed some of the changes that were made. Two sections in particular were still outstanding -1

item in section 7 and section 14-reporting requirements.

Legislator Maisano suggested adding #4 to Section 7 and read the new item into the record. Legislator Corcoran noted that he thought there had been changes that had been made and voted on last week that weren't added to the new document. Chris Crane and Legislator Maisano explained which changes were voted on and which were not.

Legislator Maisano stated that Sections 1-6 had been approved and noted that we had voted on changes to 7a 1&4 at the meeting last week. He noted that other changes had been made to the definitions which have not been voted on. He continued to discuss other changes that had been suggested.

Section 2c - add the word immigration before the word profiling - moved by Legislator Kaplowitz, seconded by Legislator A. Williams - approved.

Section 7a line 2 - change "relating" to "with respect - moved by Legislator Shimsky seconded by Legislator A. Williams.

Section 9 - delete Italian.

Section 11 - delete Sect. 11.a.1 because we learned that these documents are already provided. Sec. b changed last word to any rather than if application-moved by Legislator Boykin, seconded by Legislator Kaplowitz - approved.

Section 12 - merge a and b into one after a discussion with Jeff Weiss of the Dept. of Public Safety.

Section 14 - delete in its entirety - moved by Legislator Corcoran, seconded by Legislator Williams approved.

Section 15 - update to tighten up the language.

Section 18 - change date to become effective sixty days after adoption- moved by Legislator Perez, seconded by Legislator Maisano - approved.

Legislator Maisano returned to Section 7 and moved to add 7a.3 which he read into the record.

Legislator Corcoran moved to accept all changes Legislator Boykin seconded - approved.

There was a long discussion on the fiscal statement and possible loss of grants. The County Attorney discussed his recent memo on this subject.

Legislator Kaplowitz noted that Corrections should be changed to Correction. Legislator Maisano also stated that since Section 14 had been removed all the numbers had to be changed. Legislator Boykin moved these changes, Legislator Burrows seconded - approved.

The Committee report was then discussed. Definition of Sanctuary County was discussed and the language was removed and changed-motion moved by Legislator Boykin, seconded by Legislator Corcoran -approved. Other changes were made - Legislator Shimsky moved to accept the Committee report as amended, seconded by Legislator A. Willaims.

With a motion by Legislator Corcoran and seconded by Legislator A. Williams, the item was approved as amended with a vote of 9 - 0 with Legislators Burrows, Cocoran and Tubiolo voting without prejudice.

RESULT:SIGNED BY COMMITTEE
Aug 7, 2017 9:02 AM  Budget & Appropriations Committee Meeting

There were several changes that were made and discussed by Legislator Borgia. One item in section 7 and section 14, the reporting requirements. There were several changes and corrections. Their was also a discussion by the County Attorney on the fiscal statement and possible loss of grants. Please view this meeting by going to the address below.

http://westchestercountyny.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=4671&Format=Minutes

On the motion of Legislator Maisano, seconded by Legislator Perez, Marcotte, Testa and Burrows voted without prejudice

Aug 7, 2017 1:30 PM Video Board of Legislators Special Meeting

Submitted by COMMITTEES ON BUDGET & APPROPRIATIONS, LEGISLATION AND PUBLIC SAFETY & SOCIAL SERVICES.

Ms. Marcotte, Ms. Perez and Mr. Boykin presented the report and Act and moved that the report be received, filed and approved and the Act adopted, which motion was carried by the following vote.

RESULT:ADOPTED [10 TO 5]
AYES:Catherine Borgia, Benjamin Boykin, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Catherine Parker, Virginia Perez, MaryJane Shimsky, Alfreda Williams, Michael Kaplowitz
NAYS:John G. Testa, Gordon A. Burrows, Francis Corcoran, Sheila Marcotte, David J. Tubiolo
ABSENT:Margaret A Cunzio, Lyndon Williams
Sep 25, 2017 7:00 PM Video Board of Legislators Regular Meeting

This item was taken out of order at the request of Mr. Testa and was voted on before the Standing Committee items. This item was vetoed by the County Executive and appears here for a vote to override; the item failed with a vote of 11 - 6.

RESULT:DEFEATED [11 TO 6]
AYES:Catherine Borgia, Benjamin Boykin, David B. Gelfarb, Kenneth W. Jenkins, James Maisano, Catherine Parker, Virginia Perez, MaryJane Shimsky, Alfreda Williams, Lyndon Williams, Michael Kaplowitz
NAYS:John G. Testa, Gordon A. Burrows, Francis Corcoran, Margaret A Cunzio, Sheila Marcotte, David J. Tubiolo