HomeMy WebLinkAboutOrdinance 26-01 AMENDING CHAPTER 2 OF THE FALCON HEIGHTS CITY CODE CONCERNING STEWARDSHIP OF CITY RESOURCES
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ORDINANCE NO. 26-__
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 2 OF THE FALCON HEIGHTS CITY CODE
CONCERNING STEWARDSHIP OF CITY RESOURCES
THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS:
SECTION I. Chapter 2 of the City Code of Falcon Heights, Minnesota, is hereby amended to
create a new Article IX as follows:
ARTICLE IX - STEWARDSHIP OF CITY RESOURCES
Sec. 2-155 - Purpose and policy
The purpose of this Chapter is to ensure that the City is stewarding its resources for the
benefit of the public in accordance with state public purpose expenditures law and in a
nondiscriminatory fashion compliant with the Minnesota and United States Constitutions. The
City finds that this Chapter serves the public interest by ensuring the equal treatment of all
residents and visitors in the provision of City resources and services, preserving the trust of the
public in the integrity of the City’s stewardship of public resources, and maintaining compliance
with applicable local, state, and federal laws. The City’s findings in Resolution No. 26-__ are
hereby incorporated by reference.
Section 2-156 - Definitions
The following words and phrases used in this Article having the meanings given in this
section:
City property. Real property owned by the City of Falcon Heights, including City parks,
buildings, parking lots and parking structures, but not including public right-of-way, public
streets, and sidewalks. City Property includes property generally open to the public and not
generally open to the public, such as City utilities and spaces designated as employee-only or
requiring secured access for entry.
Staging operations. Actions taken to mobilize, prepare, or deploy vehicles, equipment,
materials, or personnel for the purpose of enforcing federal immigration law.
Section 2-157 - Prohibited uses of city resources
(a) No City employee or City public official may direct, permit, facilitate, or authorize the use
of City resources, including but not limited to City Property or City personal property,
facilities, money, or personnel:
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(1) For the purpose of enforcing federal immigration laws except as authorized by a
judicial warrant or other similar lawful authorization; or
(2) For the purpose of discriminating against any individual on the basis of a protected
class characteristic under the Minnesota or United States Constitution; or
(3) For personal benefit or profit.
(b) No individual or federal, state, or local agency may use or access City Property for the
purposes of staging operations, except the use of City Property authorized by a judicial
warrant, subpoena or other similar lawful authorization. Federal, state, or local government
entities or personnel will not receive special or enhanced access to City Property for
operations enforcing federal immigrations law.
Section 2-158 - Reporting requirements
Any City employee or City public official who observes or identifies use of City resources
for one of the purposes prohibited in Section 2-157or who denies a request to use City resources
for one of those purposes, must provide a report to the City Administrator within five business
days of observing, identifying, or denying use of City resources, including the following
information:
(a) The date the request for resources was received or resources were observed or identified as
used for a prohibited purpose;
(b) The identity of the individual or agency requesting use of City resources for a prohibited
purpose or who was observed or identified as using City resources for a prohibited purpose;
(c) A summary description of the City resources requested or used, which shall not include any
personally identifiable information;
(d) The prohibited purpose for which City resources were used or for which the request for
City resources was denied.
Section 2-159 - Compliance with law
Nothing in this Chapter should be construed to violate state or federal law or to prohibit
City employees from providing data or services when required by state or federal law.
Section 2-160 - Severability
If any section, clause, provision, or portion of this Chapter is adjudged unconstitutional or
invalid by a court of competent jurisdiction, that part may be severed and shall not invalidate or
effect the enforceability of the remainder of this Chapter.
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SECTION II. Effective date. This ordinance is effective immediately upon its passage and
publication.
ADOPTED this ____ day of ___________, 2026 by the City Council of Falcon Heights,
Minnesota.
CITY OF FALCON HEIGHTS
BY: ________________________________
Randall C. Gustafson, Mayor
ATTEST:
_______________________________
Jack Linehan, City Administrator