Fort Walton Beach Council agenda — 11-14-2006‎(workshop)‎ — reading text

curious as to how those northeastern cities were able to craft local taws to take on the immigration challenge. So, I contacted their leaders to find out how their were implemented in light of Federal Law, how they were enforced ( specifically, what was the policies source of funds to enforce thepolicy), and whether or not these policies had made a tangible difference in their communities. By the time I contacted them, they were already defending their ordinances in court (for constitutionality challenges) and had softened their demeanor considerably from the comments I had read in the newspaper earlier. Then, I read in our local newspaper that the City of Palm Bay, FL was in the process of implementing similar provisions. So, I contacted them to see how they were circumventing the Federal Preemptions. It turns out that their City Attorney was familiar with our City Attorney and when I shared our City Attorney's research with theirs, his response was " well we didn' t think about that issue". I suggested that they should consider re- researching the issue and if they found a " loophole" in the Federal law to please pass the information along. To date, I have received no response from them, and although I haven' t followed up with them in months, it is my understanding that Palm Bay has reversed course too. So, to cap an already lengthy story, I am resigned to the fact that we are federally preempted from implementing a local legislative remedy to deal directly with this problem. And, I have all but given up on Washington to solve the problem. So, if we cant' take on the problem head- on, we are intent to solve the manifestations of the problem, and that is why we have implemented the long- term rental ordinance that you refer to. So far we have been seriously criticized for the inconvenience we are creating for property owners and I predict that once the new ordinance begins to be enforced we will be subjected to an all new level of "pleasantries". And, while I agree the policy does create certain impositions, my belief is that sitting back and ignoring the problem will only lead to further decays in the quality of life here in Destin. We simply have to solve the problem and this is the only proposed solution I' ve seen thus far that will withstand a constitutionality hallenge and actually make Destin a better place to live, work, and to raise a family. eith, I again want to thank you for taking the time to write to me on this most- important issue. r\. My Very Best, Craig Barker Original Message----- From: keith [ mailto: patrick@fox1120. com] Sent:Thursday, September 07, 200610: 10 PM To: craig. barker@cox. net Subject: mr. mayor on the city of my name is keith patrick and i am a local talk show host at fox 1120 am in destin. i know i have been hard destin for not responding aggressively enough to the real threat of illegal immigration. just going to the nitetown parking lot at 6am and watching dozens of illegal mexican immigrants walk to work up the street is very disappointing. i believe that there will be a murder or rape of one of our little destin girls or women by one of these iIIegals very soon. i do want to thank follow up with you and the city for taking an agressive stand with landlords by sending out your threatening letter. please real ordinances that will send a message to our employers and landlords that this will no longer be accepted. i have recieved dozens of emails from destin residents pleading for help to stop this invasion so we dont lose our qaulity of life. this is not about skin cotor this is about enforcing the law. destin. i have please protect been a big fan of yours and i always hate to get mad on the air over this issue. please write a letter to the editor expressing your support for tougher anti- illegal immigration laws. this is no longer a federal problem and the locals have to protect themselves. please lead the way on this issue. you will have the full support of our little radio i can promise you that. thanks, keith patrick station... 2 1 "'. ...... MILLER & ANSLEY, P. A. Attorneys at Law 415 Mountain Drive. Suite 3 J. Jerome Millet Ofutin. Florida 32541- 2349 Andrea D. An$ley T, kphone: ( 850) 837- 3860. FQC$ imile; ( 850) 837~ I 58 St~phanie M. Ockunv.i E-Mail: millcr@dcstinlawfinn. com FAC~IMn~ R COVER SHEET Date: 30-06 6- TO: Mayor Craig H.Barker From: Stephanie Ockunzzi COJDpaDY; Mayor. Re: Lezal pinion () Fn#: 654- 5573 Number of Pages including cover sheet: 2 ! ill Dot follow. Hard copy will w REMARKS: Please find attached legal opinion. If any questions, please so advise. STEPHANIE M. OCKUNZZI CDNFlDENTIALITY NOTICE This t'acsimi1c tnfonnation belonginl:to the sender. which may be 1~ cot'ltains c:onfidential lIy privileged information. The information is it,tendcd only forme use or the individual entity nlUned above. IFyou are nOt the intended reciilient,or 8ft employee or agent resportsible for deUvering it to the intended recipient, you are hereby notified that the di~ JosW'C. copying.ci1sm1lution, or the taking of any action in reliance on the contents oftbe facsimile documen1s is strictly prohibited. If you have received this transmission in error, please immediatc])' notify w by ~ lephone to arranae for relurn ofthe oritinal facsimile documentS to IS. a6- 30- 2aU6 DE: D6Ad FKou-MllLfR , ANswer tI:lu'~ ro!~' l- O~ O r.~ u,,~~, r- QvO MILJ. 1i:R & ANSLEY, PeA. ATTORNEYS A T LAW Wildcat Plaza 415 Mountain Drive. Suite 3 Destin, Florida 32541. 2349 J. Jerome Milter releplwne: ( 850) 837- 3860 . Facsimile: ( 8.50) 837-6158 Andrea D. Anslcy E-Mail: miler@cimnl1! \\' tinn corn S{ ephanic M. Oc:k1.mzr:i MEMORANDUM TO: Mayor Craig H. Barker FROM: City AttorMy ~ DATE: June 3D, 2006 RE: Legal Opinion re: Prohibition against Employment of Unauthorized Aliens Please be advised that we have received your request for a legal opinion regarding the lssue of whether Local Governments can pass legislation to prohibit the employment of unauthorized aliens. In response to your request, we have found that the employer sanction provision of INA ~ 274A [ 8 U.S. C.A ~ 1324a] expressly preempts any state or local govemment from passing a law imposing civil or crimiDal sanctions, other then through licensing and similar la.ws, upc>n those who employ. recruit, or Tefer for employment, unauthorized aliens. This means that state and local legislations may prohibit the employment of unauthorized aliens, but they may not impose any criminal or civil penalties on those who do. The criminal and civil penalties are imposed only by Federal Law. Also. the local law enforcement may arrest those who employ, recruit, or refer for employment, Wlauthorized ali~ but the local law ~nforc~ment must immediately turn over those individuals to Feckral Authorities. Should you have any questions, please so advise. rni Ilmer\" liIdllnUn: c:ipal\ I d\ a! l\ desthl\mt'3S\2006\ Tn\ me oulims6.30 . 06.4oz  Page 1 of 1 Toni l Craig m."_'_.~________..._.__ From: Toni L Craig [toni@tlcpa.gccoxmail.com] Sent: Tuesday, November 14, 20061: 35 PM To: Bob Campbell'; ' Bill Patterson'; ' mike@seminc. net'; ' mikeycmat@aol.com'; ' Joyce Shanahan'; ' Wayne Pullen'; ' 4eagles@cox. net'; 'jmtucker1@cox. net'; 'Mike Anderson'; ' Helen Spencer' Subject: Workshop Agenda Item 2 It is my legal opinion that, if Council is inclined to pursue regulation and policing of illegal immigrants that the following be accomplished first: 1. Study group/ task force/committee/ consultant used to determine the impact of illegal immigrants on the City. [ I.e., criminal reports, rentals, use of City services, benefits expended to them, etc. [ See City of Miami Beach v. Forte Towers, Inc., 305 So. 2d 764 ( Fla. 1974). 2. Determination be made whether the City should adopt a 1) punitive ordinance, 2) land development regulation, or 3) business regulation. [ See attached Ordinance No 2006- 38, City of Escondido, California, adopted on first reading on October 4, 2006; Escondido City Attorney Opinion Letter dated October 4, 2006, and ACLU Legal Director Letter dated September 27, 2006.] 3. The Council wait to adopt any ordinance until the final determination of Lozano v. Hazelton. [ See attached Order, Memorandum, Lozano v. City of Hazelton, Case No. 3: 06cv1586, In the United States District Court for the Middle District of Pennsylvania, dated 31 October 2006; Destin City Attorney Memorandum dated Jun 30, 2006.] All attachments will be provided at the meeting. Thank you. Toni L. Craig Attorney at Law Fla Bar No 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 850) 243-6969