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AGENDA

 

TOWN OF SOUTH KINGSTOWN

 

RHODE ISLAND

 

 

TOWN COUNCIL

 

REGULAR SESSION

 

7:30 PM

 

TOWN COUNCIL CHAMBERS

180 HIGH STREET

WAKEFIELD, RI

 

MONDAY, OCTOBER 23, 2017

 

 

 

NOTE:  Individuals requesting American Sign Language interpreters or CART service must call the Town Clerk’s Office at 401-789-9331 seventy-two (72) hours in advance of the meeting date.

 

DATE POSTED: 10/19/2017

 

1.         A.        INTERVIEW – 6:45 PM

See Attachment A for Boards and Commissions Appointments Report.

 

            B.        WORK SESSION – immediately following

All items listed on Town Council agenda are subject to discussion.

 

            C.        REGULAR SESSION – 7:30 PM Video

 

2.         PLEDGE OF ALLEGIANCE TO THE FLAG Video

 

3.         ROLL CALL Video

 

4.         APPROVAL OF MINUTES OF PREVIOUS MEETINGS Video

 

            A.        Work Session – October 10, 2017

             

B.        Regular Session – October 10, 2017

 

5.         CONSENT AGENDA Video

 

*     *     *     *     *     *     *     *     *      *      *      *      *     *     *     *     *

I.              Rule 10A.  for the conduct of the meetings of the South Kingstown Town Council for the Term 2016 through 2018:  Members of the public shall be entitled to speak at regular meetings during any period designated on the agenda for public comment, once, for a period of five minutes, or longer at the discretion of the President, and at other times when invited to do so by the President.  The public shall address their comments to the question under debate as indicated on the agenda. Pursuant to RI General Laws §42-46-6(b), public comment regarding subject matter not on the agenda but received during the public participation portion of a meeting shall be for information purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.

 

II.             Rule 11:  No item of business other than that of adjournment may be brought before the Town Council at any meeting unless such an item is introduced before 11:00 PM; provided, however, that this rule may be suspended by an affirmative vote of a majority of members present.

 

III.            Rule 13:  All items listed with a (CA) are to be considered routine by the Town Council and will be enacted by one motion.  There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.

 

Pursuant to RIGL §42-46-6(b). Notice – “Nothing contained herein shall prevent a public body, other than a school committee from adding additional items to the agenda by majority vote of the members.  Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

 

 

6.         LICENSES

 

(CA)    A.        A resolution granting Victualling Licenses for the year beginning December 1, 2017 to the following; Renewals:

 

Bluebird Café Inc., 554 Kingstown Road, Wakefield, RI 02879. Application by Robert B. Shumaker, President, 17 Nichols Road, Kingston, RI 02881.

 

Janco Central Inc. d/b/a Burger King #3384, 126 Old Tower Hill Road, Wakefield, RI 02879. Application by Kiki Erikson, P.O. Box 8819, Cranston, RI 02920.

 

Ocean State Waves, Inc., 875 Kingstown Road, Wakefield, RI 02879. Application by Matt Finlayson, President, P.O. Box 443, Wakefield, RI 02880.

 

Ocean’s Catch Seafood LLC, 566 Kingstown Road, Wakefield, RI 02879. Application by Jane Karako, Member, 44 Watson Avenue, Narragansett, RI 02882.

 

South Kingston Food Services Inc. d/b/a D’Angelo’s, 71 Old Tower Hill Road, Wakefield, RI 02879. Application by James H. McLaughlin, President, P.O. Box 363, West Bridgewater, MA 02379.  

 

Turner Provisions LLC d/b/a Pier Pizza Company, 328 Main Street, Wakefield, RI 02879. Application by Jordan Becker, Member, 10 Lakeview Drive, Narragansett, RI 02882.

           

(CA)    B.        A resolution granting Holiday Sales Licenses for the year beginning December 1, 2017 to the following; Renewals:

 

Churas Real Estate, Inc. d/b/a Spangles, 324 Main Street, Wakefield, RI 02879. Application by Kim M. Churas, President, 80 White Falls Trail, Wakefield, RI 02879.

 

Critter Hut Inc. d/b/a Critter Hut Aquarium & Pets, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Christopher Champlin, President, 12 Rolling Hills Drive, Exeter, RI 02822.

 

Narragansett Pest Control Inc. d/b/a All Outdoors Power Equipment, 4060 Tower Hill Road, Wakefield, RI 02879. Application by James Siligato, Vice President, 24 Rhode Island Avenue, Narragansett, RI 02882.

 

Peter Pots Stoneware Inc. d/b/a Peter Pots Pottery, 494A Glen Rock Road, West Kingston, RI 02892. Application by Jeffrey P. Greene, President, 99 Sedgefield Road, North Kingstown, RI 02852.

 

Pleasantries Flower Shop Inc., 102 Main Street, Wakefield, RI 02879. Application by Meredith Masson, President, 90 Main Street, Wakefield, RI 02879.

 

Rhode Island CVS Pharmacy LLC d/b/a CVS #2065, 11 Main Street, Wakefield, RI 02879. Application by Donna Chevalier, One CVS Drive, Woonsocket, RI 02895.

 

Ski General Inc. d/b/a Uncle Sam’s Army Navy Surplus, 548 Kingstown Road, Wakefield, RI 02879. Application by Myron Guttin, President, 121 Narragansett Avenue, Narragansett, RI 02882.

 

Wakefield Music Co., 58 Main Street, Wakefield, RI 02879. Application by Dennis Costa, President, 31 Spencer Court, Wakefield, RI 02879.

 

(CA)    C.        A resolution granting Victualling and Holiday Sales Licenses for the year beginning December 1, 2017 to the following; Renewals:

 

Bagels of Wakefield Inc. d/b/a Bagelz The Bagel Bakery, 90 Pershing Avenue, Wakefield, RI 02879. Application by Nancy Lieberman, President, 39 Wampum Trail, Wakefield, RI 02879.

 

Eteman LLC d/b/a Kingston Convenience Mart, 2360 Kingstown Road, Kingston, RI 02881.  Application by Ozcan Eteman, Member, 95 Manville Hill Road, Cumberland, RI 02864.

 

Howley Bread Group Ltd. d/b/a Panera Bread, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Lee C. Howley, Manager, 159 Crocker Park Boulevard, Suite 290, Westlake, Ohio 44145.

 

Jools LLC d/b/a Java Madness, 134 Salt Pond Road, Wakefield, RI 02879. Application by Mark Lahoud, Member, 24 Cleveland Street, Wakefield, RI 02879.

 

Kingstown Road Coffee LLC d/b/a Bess Eaton, 621 Kingstown Road, Wakefield, RI 02879. Application by Mary E. Haverly, Member, 45 Lambert Street, Narragansett, RI 02882.

 

Seaview Marketplace Inc., 682 Matunuck Beach Road, Wakefield, RI 02879. Application by Daniel E. Saber, President, 159 Seabreeze Terrace, Wakefield, RI 02879.

 

South County Donuts Inc. d/b/a Dunkin Donuts, 231 Old Tower Hill Road, Wakefield, RI 02879. Application by Robert Batista, President, 75 Tipping Rock Drive, East Greenwich, RI 02818.

 

(CA)    D.        A resolution granting Victualling and Holiday Sales Licenses and Additional Hours between 5 AM and 6 AM for the year beginning December 1, 2017 to Tower Hill Road Donuts Inc. d/b/a Dunkin Donuts, 3045 Tower Hill Road, Wakefield, RI 02879; Renewals.

 

(CA)    E.        A resolution granting Victualling, Holiday Sales and Miscellaneous Peddler Licenses for the year beginning December 1, 2017 to the following; Renewals:

 

Dels Mon LLC d/b/a Dels of South County, 49 Old Tower Hill Road, Wakefield, RI 02879. Application by Michael J. Cummings, Member, 83 Kingstown Road, Narrragansett, RI 02882.

 

Swirls & Scoops Inc., 1922 Kingstown Road, Wakefield, RI 02879. Application by Gerald C. DeMaria II, President, 681 Chestnut Hill Road, Wakefield, RI 02879; Renewals.

 

(CA)    F.         A resolution granting Holiday Sales and Miscellaneous Peddler Licenses for the year beginning December 1, 2017 to Benny & Jack Inc., 577 Kingstown Road, Wakefield, RI 02879. Application by David Bilow, President, 301 Mulberry Drive, Wakefield, RI 02879; Renewals.

 

(CA)    G.        A resolution granting Holiday Sales and Farm Retail Sales Licenses for the year beginning December 1, 2017 to Farmer’s Daughter LLC, 716 Mooresfield Road, Wakefield, RI 02879. Application by Sarah Partyka, Member, 952 Mooresfield Road, Wakefield, RI 02879; Renewals.

 

(CA)    H.        A resolution granting Holiday Sales and Farm Produce Licenses for the year beginning December 1, 2017 to Whaley Farm, 2 Jerry Brown Farm Road, Wakefield, RI 02879. Application by George C. Whaley, 2 Jerry Brown Farm Road, Wakefield, RI 02879; Renewals. 

 

(CA)    I.          A resolution granting Holiday Sales and Laundry Licenses for the year beginning December 1, 2017 to Kingston Cleaners Inc. d/b/a Pier Cleaners, 50 High Street, Wakefield, RI 02879. Application by Larry E. Fish, President, 98 Cedar Hollow Road, Wakefield, RI 02879; Renewals.

(CA)    J.         A resolution granting a Firearms and Ammunition License for the year beginning December 1, 2017 to Salt Pond Group LLC d/b/a Peace Dale Shooting Preserve, 130 Pearls Way, Wakefield, RI 02879. Application by James Waugh, Member, 17 Edith Road, Narragansett, RI 02882; Renewal.

 

(CA)    K.        A resolution granting a Private Detective License for the year beginning December 1, 2017 to Michael E. Varnum, 20 Bass Road, Wakefield, RI 02879. Application by Michael E. Varnum, 20 Bass Road, Wakefield, RI 02879.

 

(CA)    L.         A resolution granting a Theater License for the year beginning December 1, 2017 to Contemporary Theater Company, 327 Main Street, Wakefield, RI 02879. Application by Terrence G. Simpson, President, 145 Enterprise Terrace, Kingston, RI 02881; Renewal.

 

(CA)    M.        A resolution granting a Tourist Accommodations License for the year beginning December 1, 2017 to Sugarloaf Hill Bed & Breakfast, 607 Main Street, Wakefield, RI 02879 for 3 spaces, 5 persons. Application by Stephanie A. Osborn, 607 Main Street, Wakefield, RI 02879; Renewal. 

 

(CA)    N.        A resolution granting a Trailer Park – Mixed Use Facilities License for the year beginning December 1, 2017 to Blackbeard Homeowners Association, 836 Matunuck Beach Road, Wakefield, RI 02879 for 26 spaces. Application by Robert Turgeon, President, P.O. Box 488, Glen, NH 03838; Renewal.

 

 

7.         PUBLIC HEARING

 

            A.        A Public Hearing to consider adoption of a proposed Municipal Immigrant Protection Ordinance requested by the American Civil Liberties Union (ACLU), as shown on Exhibit 1 attached hereto. Video

 

Additional background information was previously distributed to the Town Council with the September 21, 2017 Town Manager's Report, Miscellaneous Item II C.  Also enclosed is a letter dated October 18, 2017 from Richard Pike relative to this matter.

 

8.         COMMUNICATIONS

 

(CA)    A.        A communication received October 6, 2017 from Kate Brewster, Executive Director, Jonnycake Center of Peace Dale expressing appreciation for the Town’s support of their food pantry and educational programs is received and placed on file. (10/12/2017 Interim, Item C.)

 

            B.        A communication from Myrna Bizer to the School Committee submitting her resignation effective October 11, 2017 is received, placed on file, and the Town Council further directs __________________. (10/19/2017 Miscellaneous, Item II B.) Video

 

            C.        A communication dated October 18, 2017 from James O’Neill concerning construction by the South Shore Village and Country Club, formerly known as the South County Country Club, is received, placed on file, and the Town Council further directs _________________________. (10/19/2017 Miscellaneous, Item II D.) Video

 

(CA)    D.        Any communication added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --…  “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members.  Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

 

 

9.         COMMENTS FROM INTERESTED CITIZENS Video

 

10.       TOWN MANAGER’S REPORT Video

 

October 12, 2017

October 19, 2017

 

11.       TOWN SOLICITOR’S REPORT Video

 

12.       APPOINTMENTS

 

A.           A resolution appointing ___________________________________ to the ______________________________ Board/Committee/Commission for a term to expire in _______________. (See Attachment A for Boards and Commissions Appointments Report)

 

13.       NEW BUSINESS

 

            A.        A resolution adopting a revised Immigration Protection resolution, as shown on Exhibit 2 attached hereto.

           

(CA)    B.        A resolution that a claim filed by Brian R. Cunha, Esquire on behalf of his client, Jordan Carlson relative to property located at 17 Columbia Street be referred to the Town Solicitor and the Town’s insurance carrier.

 

            C.        A resolution authorizing an award of contract to Energy Conservation, Inc., P.O. Box 726, Hanson, MA 02341 for HVAC improvements at the Town Hall, per vendor proposal dated October 6, 2017, in an amount not to exceed $36,430 including a contingency of $2,500; and as further described in a memorandum from the Facilities Superintendent to the Town Manager dated October 11, 2017 and entitled “Recommendation – Town Hall HVAC Replacement Units.” Video

 

            D.        A resolution authorizing an award of bid to Martone Service Company, Inc., 22 Sextant Lane, Narragansett, RI 02882 for the Town Hall second floor roof replacement and repairs in an amount not to exceed $47,171, including a contingency of $4,500; and as further described in a memorandum from the Facilities Superintendent to the Town Manager dated October 16, 2017 and entitled “Award of bid – Roof Replacement Town Hall.”

 

(CA)    E.        A resolution granting the joint petition of National Grid and Verizon New England for the use of the public ways named for the purposes stated in said petition, and that the work be done subject to the supervision of the Director of Public Services, as follows:

 

To relocate Pole #8-50, 30 feet south on Laurel Lane as described in Joint Petition No. 24320438, conditioned upon the removal of all existing double poles along the entire length of Laurel Lane prior to new pole(s) placement; and any new double pole created as part of this request be removed within sixty (60) calendar days of new pole(s) placement, and subject to notification to the Town for municipal utility mark-out prior to setting the poles.  Said petition is further described in a memorandum from the Public Services Director to the Town Manager dated October 12, 2017 and entitled “National Grid Pole Setting Request – 109 Laurel Lane.”

 

(CA)    F.         A resolution authorizing the Tax Assessor to abate taxes in the total amount of $3,343.62, as shown on Tax Abatement Request No. 543.

 

(CA)    G.        Any New Business added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --…  “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members.  Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

 

 

 

Exhibit 1

 

MUNICIPAL IMMIGRANT PROTECTION ORDINANCE

FOR RHODE ISLAND CITIES AND TOWNS

 

PREAMBLE

WHEREAS, the Town of South Kingstown is dedicated to providing all of its residents fair and equal access to services, opportunities and protections; and

 

WHEREAS, the Town of South Kingstown respects, upholds, and values equal protection and equal treatment for all of our residents, regardless of immigration status; and

 

WHEREAS, Fostering a relationship of trust, respect, and open communication between municipal employees and municipal residents is essential to the Town of South Kingstown’s core mission; and

 

WHEREAS, Public safety in the Town of South Kingstown is best promoted when victims and witnesses of crime feel safe in cooperating with law enforcement officials; and

 

WHEREAS, The purpose of this Ordinance is to foster respect and trust between law enforcement and residents, to protect limited resources, to encourage cooperation between residents and town officials, especially law enforcement, and to ensure community security and due process for all,

 

IT IS HEREBY ENACTED AS FOLLOWS:

 

1.         Limitation on activities solely for the purpose of enforcing federal immigration laws. (a) the South Kingstown Police Department shall not stop, question, interrogate, investigate, or arrest an individual based solely on any of the following: (1) Actual or suspected immigration or citizenship status; or (2) A civil immigration warrant, administrative warrant, or an immigration detainer in the individual’s name, including those identified in the National Crime Information Center (NCIC) database. (b) The South Kingstown Police Department shall not inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the police seeking assistance, unless necessary to investigate criminal activity that is unrelated to the enforcement of civil immigration law. (c) Neither the Town of South Kingstown nor the South Kingstown Police Department shall enter into any agreements to enforce, or otherwise voluntarily engage in the enforcement of, federal immigration law or to perform federal immigration functions pursuant to 8 U.S.C. §1357g or any other federal law, regulation, or policy.

 

2.         Conditions for honoring ICE or CBP detainer requests. (a) Except as provided in subsection (b), the South Kingstown Police Department may respond affirmatively to a civil immigration detainer from ICE or CBP to detain or transfer an individual for immigration enforcement or investigation purposes for up to 48 hours, only if the request is supported by a judicial warrant. (b) Notwithstanding subsection (a), the South Kingstown Police Department may detain a person for up to 48 hours on a civil immigration detainer in the absence of a judicial warrant if there are exigent circumstances preventing ICE or CBP from obtaining a warrant and there is probable cause to believe that the individual has or is engaged in terrorist activity as defined in 8 U.S.C. §1182(A)(3)(B).

 

3.         Limitations on honoring ICE or CBP requests for certain non-public, sensitive information. (a) Except as provided in subsection (b), the South Kingstown Police Department may respond affirmatively to an ICE or CBP request for non-public information about an individual, including but not limited to non-public information about an individual’s release, home address, or work address, only if the request is accompanied by a judicial warrant or a court order enforcing a subpoena. (b) Notwithstanding subsection (a), nothing in this ordinance limits the Town of South Kingstown or the South Kingstown Police Department: (1) disclosing information about an individual’s criminal arrests or convictions, where disclosure of such information about the individual is otherwise authorized by state law or required by court order; or (2) disclosing information about an individual’s juvenile arrests or delinquency or youthful offender adjudications, where disclosure of such information about the individual is otherwise authorized by state law or required by court order. (c) The South Kingstown Police Department shall limit the information collected from individuals concerning immigration or citizenship status to that necessary to perform the South Kingstown Police Department’s agency duties.

 

4.         Limitations on ICE or CBP access to individuals in custody for immigration enforcement questioning purposes. The South Kingstown Police Department shall not provide ICE or CBP with access to an individual in their custody or the use of agency facilities to question or interview such individual if ICE or CBP’s sole purpose is enforcement of federal civil immigration law, unless such enforcement is pursuant to a federal judicial order.

 

5.         Due process for persons about whom federal immigration enforcement requests have been made. (a) the South Kingstown Police Department shall not delay bail and/or release from custody upon posting of bail solely because of (1) an individual’s immigration or citizenship status, (2) a civil immigration warrant, or (3) an ICE detainer request or any other ICE or CBP request for the purposes of immigration enforcement, or for notification about, transfer of, detention of, or interview or interrogation of that individual. (b) Upon receipt of an ICE or CBP detainer, transfer, notification, interview or interrogation request, the South Kingstown Police Department shall provide a copy of that request to the individual named therein and inform the individual whether the South Kingstown Police Department will comply with the request before communicating its response to the requesting agency. (c) Individuals in the custody of the South Kingstown Police Department shall be subject to the same booking, processing, release, and transfer procedures, policies, and practices of that agency, regardless of actual or suspected citizenship or immigration status.

 

6.         Ban on use of resources to facilitate a federal registry based on race, gender, sexual orientation, gender identity or expression, religion, ethnicity, or national origin.  The Town of South Kingstown shall not use agency or department monies, facilities, property, equipment, or personnel to investigate, enforce, or assist in the establishment, maintenance or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, gender identity or expression, religion, ethnicity, or national origin.

 

7.         Limitation on the collection of immigration-related information; provision of nondiscriminatory access to benefits and services. (a) The Town of South Kingstown personnel shall not inquire about or request proof of immigration status or citizenship when providing services or benefits, except where the receipt of such services or benefits is contingent by law upon verification of one’s immigration or citizenship status or where inquiries are otherwise lawfully required by federal, state, or local laws. (b) The Town of South Kingstown and the South Kingstown Police Department shall have a formal Language Assistance Policy for individuals with Limited English Proficiency and provide interpretation or translation services at no cost consistent with that policy.

 

8.         Limits on Political Surveillance. South Kingstown Police Department shall not collect or maintain information about the political, religious or social views, associations or activities of any individual, group, association, corporation, business or partnership or other entity unless such information directly relates to an investigation of criminal activities, and there are reasonable grounds to suspect that the particular subject of the information, whether an individual or other entity, is involved in criminal conduct. 

 

9.         Protecting Immigrant Victims of Crime. (a) On request from an individual whom a law enforcement officer or agent thereof reasonably believes is a victim who is or has been subjected to a qualifying criminal activity for a nonimmigrant T or U visa under 8 U.S.C. §1101(a)(15)(T) or 8 U.S.C. §1101(a)(15)(U), or for continued presence under 22 U.S.C. §7105(c)(3), the law enforcement officer, as soon as practicable after receiving the request, shall, subject to the presumption in subsection (b), provide to the individual a signed certification Form I-914B or Form I-918B. (b) There shall be a rebuttable presumption that a victim is helpful, has been helpful, or is likely to be helpful to the detection, investigation, or prosecution of qualifying criminal activity if the victim has not unreasonably refused or failed to assist with the investigation as requested by South Kingstown Police Department. (c) The South Kingstown Police Department shall process the appropriate form under this section within 45 days of the request, unless the noncitizen is in removal proceedings, in which case the certification shall be processed within fourteen (14) days of the request. (d) If the South Kingstown Police Department determines that an individual does not meet the requirements for the issuance of a certification under this section, the South Kingstown Police Department shall inform the individual in writing of the specific reasons. The written denial shall also advise the individual that he or she may make another request under subsection (a) of this section by submitting additional evidence that he or she has been subjected to a qualifying criminal activity and/or that the presumption established by subsection (b) has been satisfied or not properly rebutted. The denial shall also include a list of organizations that provide services to immigrants whom the individual may contact for additional assistance. (e) The South Kingstown Police Department shall provide an annual report to the South Kingstown Town Council of how many requests were made to the South Kingstown Police Department under subsection (a) and how many were denied.

 

10.       Protecting the Rights of Students. In order to protect the rights of students, the school district shall, within 120 days of enactment of this ordinance, adopt a policy[1] establishing procedures for handling interactions with immigration officials seeking information about, or requesting to talk with any student about, their immigration status; providing for cooperating with such requests only to the extent required by law; and barring the collection and disclosure of students' citizenship status except to the extent required by federal law.

 

11.       Collection of aggregate data regarding ICE and CBP requests. (a) the South Kingstown Police Department shall record, solely to create the reports described in subsection (b) below, the following for each immigration detainer, notification, transfer, interview, or interrogation request received from ICE or CBP: (1) The subject individual’s race, gender, and place of birth; (2) Date and time that the individual was taken into the South Kingstown Police Department custody, the location where the individual was held, and the arrest charges; (3) Date and time of the South Kingstown Police Department’s receipt of the request; (4) The requesting agency; (5) Immigration or criminal history indicated on the request form, if any; (6) Whether the request was accompanied by any documentation regarding immigration status or proceedings, e.g., a judicial warrant; (7) Whether a copy of the request was provided to the individual and, if yes, the date and time of notification; (8) Whether the individual consented to the request; (9) Whether the individual requested to confer with counsel regarding the request; (10) the South Kingstown Police Department’s response to the request, including a decision not to fulfill the request; (11) If applicable, the date and time that ICE or CBP took custody of, or was otherwise given access to, the individual; and (12) The date and time of the individual’s release from the South Kingstown Police Department’s custody. (b) The South Kingstown Police Department shall provide semi-annual reports to the South Kingstown Town Council regarding the information collected in subsection (a) above in an aggregated form that is stripped of all personal identifiers. The reports shall be a public record.

 

12.       Enforcement. An aggrieved individual or an organization that is chartered for the purpose of combating discrimination, promoting the rights of immigrants, or safeguarding civil rights shall be entitled to seek and obtain injunctive and declaratory relief, damages and attorneys’ fees for any violation of this ordinance.

 

13.       Affirmation of Compliance with Federal Law. Pursuant to 8 U.S.C. §1373 or 8 U.S.C. §1644, nothing in this ordinance is intended, or shall be construed, to prohibit or restrict in any way the South Kingstown Police Department or the Town of South Kingstown from maintaining, exchanging, sending, or receiving information regarding the citizenship or immigration status, lawful or unlawful, of any individual with any federal, State or local government entity.

 

14.       Definitions. (a) “CBP” means United States Customs and Border Protection. (b) “Civil immigration detainer” or “civil immigration warrant” means a detainer issued pursuant to 8 C.F.R. § 287.7 or any similar request from ICE or CPB for detention of a person suspected of violating federal immigration law. (c) “ICE” means United States Immigration and Customs Enforcement. (d) “Judicial warrant” means a warrant based on probable cause and issued by an Article III federal judge or a federal magistrate judge that authorizes federal immigration authorities to take into custody the person who is the subject of the warrant. A judicial warrant does not include a civil immigration warrant, administrative warrant, or other document signed only by ICE or CBP officials.

 

15.       Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.

 

 

 

Exhibit 2

 

 

Town of South Kingstown

Commitment to Equal, Respectful and Fair Treatment of All People

Regardless of Their Immigration, Ethnic or Religious Status and a

Commitment to Remain a Welcoming Community (Revised)

 

 

Whereas,      the Town of South Kingstown has long welcomed and embraced individuals of diverse racial, ethnic, religious and national backgrounds, and takes great pride in its commitment to non-discriminatory police policies, and

 

Whereas,      demographic information prepared by the 2016 census shows that 4.7% of South Kingstown's adult residents are foreign born, and that the University of Rhode Island, which is located within the town, has 500 international graduate and undergraduate students, 54 employees with green card status and 33 employees with H1-B visas (temporary worker – maximum duration of six years with this status can only be extended if green card application is in process) and

 

Whereas,      fostering a relationship of trust, respect and open communication between Town officials and residents is essential to delivering effective public health services and maintaining a high quality of life; and

 

Whereas,      mutual respect and trust between the community and the South Kingstown Police Department are critical to promoting public safety, since the police depend on the cooperation of individuals, documented or not, who are victims of, or witnesses to crimes; and

 

Whereas,      it is the intention of the South Kingstown Town Council to clarify the relationship between the Town and the Federal Government regarding enforcement of immigration laws,

 

Now therefore, be it resolved by the Town Council of the Town of South Kingstown in the State of Rhode Island and Providence Plantations that:

 

            First:   No department, employee or official of the Town of South Kingstown shall withhold information, Town services, or benefits based on status of citizenship, immigration, ethnicity or religious affiliation, except where the receipt of such services or benefits is contingent by law upon verification of one’s immigration or citizenship status or where inquiries are otherwise lawfully required by federal, state, or local laws.

 

            Second:         All departments, employees, and officials of the Town of South Kingstown shall comply with the United States and Rhode Island Constitutions, the Rhode Island Attorney General directives, and Federal and State nondiscrimination laws; and shall not take any actions that profile individuals or groups based on religion, race, ethnicity, national origin, gender, sexual orientation, gender identity or expression, or immigration status; and shall not engage in racially or immigration influenced policing.

 

            Third:              No department, employee or official of the Town of South Kingstown shall take part in the registration or reporting of individuals based on religion, race, ethnicity, national origin, gender, sexual orientation, gender identity or expression, or immigration status.

 

            Fourth:           The South Kingstown Police Department's overriding mission is to enforce state and local criminal laws and to protect the community it serves, and not to administer Federal Immigration Laws.

 

            Fifth:               The South Kingstown Police Department shall adhere to the directives and guidelines of the Rhode Island Attorney General with respect to the manner in which local law enforcement agencies interact with Federal Immigration authorities.

 

            Sixth:              The Town of South Kingstown, including its departments, employees, and officials shall not expend Town funds or resources to enforce Federal Immigration Laws or respond to any Immigration and Customs Enforcement or Customs and Border Protection requests unless required by Federal or State statute, regulation, court decision, warrant, subpoena, or directives and guidelines of the Rhode Island Attorney General.

 

            Seventh:        Nothing in this resolution shall be construed or implemented to conflict with any obligation imposed by State or Federal Statutes applicable regulations, and directives of the Rhode Island Attorney General. (Now Fifteenth)

 

            Seventh:        The Town of South Kingstown, including its departments, employees, and officials shall not enter into any agreements to enforce, or otherwise voluntarily engage in the enforcement of, federal immigration law or to perform federal immigration functions pursuant to 8 U.S.C. § 1357g or any other federal law regulation or policy regarding immigration, except to the extent required by Federal or State Law.

 

            Eighth:           Town employees and officials shall monitor any efforts by the Federal Government to withhold or withdraw Federal funding.  (Now Thirteenth)

 

            Eighth:           Town employees shall take care to protect immigrant victims of crime from deportation proceedings to the furthest extent allowed by law.

            Ninth:             The Town shall monitor any efforts to require the expenditure of funds or resources to enforce Federal Immigration Laws and shall take action to appeal or challenge any such requirement.  (Now Fourteenth)

 

            Ninth:             The South Kingstown Police Department shall not inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches police seeking assistance, unless necessary to investigate criminal activity that is unrelated to the enforcement of civil immigration law.

 

            Tenth:             The South Kingstown Police Department shall not stop, question, investigate, or arrest an individual based solely on actual or suspected immigration or citizenship status, except as required by Federal or State law, or Judicial decision or directives of the Rhode Island Attorney General.

 

            Eleventh:       Individuals in the custody of the South Kingstown Police Department shall be subject to the same booking, processing, bail, release, and transfer procedures, policies, and practices of the Department, regardless of actual or suspected immigration status, race, ethnicity, gender, sexual orientation, or gender identity or expression.

 

            Twelfth:          The Town Council shall request the South Kingstown School Department to develop a formal policy regarding all ICE and CBP requests directed at students.

 

            Thirteenth:     Town employees and officials shall monitor any efforts by the Federal Government to withhold or withdraw Federal funding.

 

            Fourteenth:   The Town shall monitor any efforts to require the expenditure of funds or resources to enforce Federal Immigration Laws and shall take action to appeal or challenge any such requirement.

 

            Fifteenth:       Nothing in this resolution shall be construed or implemented to conflict with any obligation imposed by State or Federal Statutes applicable regulations, and directives of the Rhode Island Attorney General.

 

 

 

 

Attachment A

 

Boards and Commissions Appointments Report

 

 

The following information reflects the status of those Town boards, commissions and committees which have vacancies, members whose terms are expiring and are eligible for reappointment, and/or applications filed for consideration of appointment. The Town Council may make appointments at any meeting.

 

Affordable Housing Collaborative Committee (7 members; 3 year term)

Applicant: Kirsten A. Martin (applied 7/20/2017)

 

Bicycle – Pedestrian Advisory Committee (minimum 5, maximum 9 members)

Vacancy: term expires July 2019

 

Conservation Commission (7 members; 3 year term)

Applicant: Kirsten A. Martin (applied 7/20/2017)

 

Economic Development Committee (11 members; 3 year term)

Vacancies: terms expire March 2019 and March 2020 (Frances Alexakos and Edward Terwilliger resigned)

Applicant: Thomas J. Routliffe (applied 10/6/2017; to be interviewed 10/23/2017)

 

Historic District Commission (7 members; 3 year term)

Applicant: Alfred S. Colonies (applied 1/19/2017; interviewed 2/27/2017)

 

Housing Authority (5 members; 5 year term)

Applicants: Kenneth John Burke (applied 5/30/2017, interviewed 10/10/2017); Jane V. Potter (applied 9/11/2017, interviewed 10/10/2017)

 

Planning Board (7 members; 3 year term)

Applicants: Karina L. Burston (applied 4/17/2017; interviewed 5/22/2017); Michael L. Geremia (applied 5/3/2017; interviewed 6/12/2017)

 

School Committee (7 members; 4 year term)

Vacancy: interim term expires November 2018 (Myrna Bizer resigned)

Letters of interest received from: Kevin Jackson, Sarah Markey and Katherine McMahon

 

Trustees of the South Kingstown School Funds (5 members; 5 year term)

Vacancy: term expires June 2020 (Carmine Paolino resigned)

 

 



[1] In the alternative, if the Council does not have power over the school district, the first sentence can begin: “In order to protect the rights of students, the school district is requested to adopt…”


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