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Staff note that any action would have limited enforceability and could result in legal risk and establishing <br />expectations in the community that staff cannot fulfill, and the City cannot restrict access to the publicly <br />accessible areas of public buildings to any person or agency. <br />Recommendation <br />Staff does not recommend adopting any ordinance that cannot be reasonably enforced or face a legal <br />challenge that could not be effectively defended. It could also place St. Anthony police officers in an <br />untenable position, and could erode public trust in the Police Department by being unable to fulfill <br />community expectations. The City can refresh the existing signage at City parks to express that the use is <br />intended for direct park use only. <br />Law enforcement conduct within City limits <br />Rationale <br />The public has observed and reported unprecedented numbers and behavior of federal law <br />enforcement, resulting in fear and uncertainty. The public has expressed interest in efforts to hold <br />federal law enforcement officers accountable. Common considerations include: <br />1.Require any law enforcement agency to notify City of their presence in our community. <br />2.Require any law enforcement agency to wear a body camera and have it on when conducting <br />operations in the City when engaging with people. <br />3.Prohibiting law enforcement officials from wearing face masks. <br />Feasibility <br />Governmental agencies adhere to intergovernmental immunity, which prevents governments from <br />interfering with others’ functions. Intergovernmental immunity is intended to support governmental <br />balance of powers between Federal, State and local agencies. Considerations of the City requiring other <br />governmental agencies to inform or provide notice in advance likely interferes with intergovernmental <br />immunity because it impacts Federal operations. While previous interactions with Federal agencies may <br />have included notice and cooperation, those were voluntary and not required. <br />Similarly, requirements for Federal agents’ body cameras or mask wearing would also be subject to <br />intergovernmental immunity. Both considerations propose regulating Federal equipment, which is not <br />allowed. <br />The City could consider adopting an ordinance which may or may not pass legal scrutiny. Passing and <br />codifying an ordinance would take time. The pace of ordinance approval and codification does not <br />match the immediacy of the concern. As of the date writing the memo, Staff has not identified other <br />suburban Cities which have passed actions to regulate the conduct of other law enforcement agencies. <br />Staff note that any action would have limited enforceability and could result in legal risk and establishing <br />expectations in the community that staff cannot fulfill. <br />Recommendation <br />Staff does not recommend adopting any ordinance that cannot be reasonably enforced or face a legal <br />challenge that could not be effectively defended. It could also place St. Anthony police officers in an <br />untenable position, and could erode public trust in the Police Department by being unable to fulfill <br />community expectations. <br />Eviction and foreclosure moratoriums <br />Rationale <br />Many Cities and members of the public are concerned with housing evictions as some individuals are <br />not going to work due to risk and fear. Members of the public have expressed interest in eviction