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HomeMy WebLinkAbout10/20/1999 - STAFF REPORTS (6) DATE: October 20, 1999 TO: City Council FROM: City Attorney ASSERT VIGOROUS ENFORCEMENT AGAINST HATE CRIMES. RECOMMENDATION: It is recommended that the City Council adopt a Resolution asserting vigorous enforcement against hate crimes. BACKGROUND: Over the last two years, the Human Rights Commission has been preparing a series of recommendations concerning hate crimes and domestic partnerships. At the instruction of the City Council,the City Attorney and City Manager have met with the Commission to help develop regulations to implement the Commission's recommendations. The meeting with the full Commission was September 22, and a follow-up meeting was held with a subcommittee on September 29. Following the subcommittee meeting, the City Attorney has been developing a model ordinance to deal with domestic partnership issues. It will include a domestic partnership registry and will protect the rights of domestic partners to make visits at hospitals and jails, and to file applications and documents with the City to the same extent marital spouses can. This ordinance should be ready for Study Session review in November. The other aspect of the Commission's recommendation concerns a City policy against hate crimes. Hate crimes are made illegal by state law, Penal Code 422.6, a copy of which is attached. The Resolution states the City's opposition to hate crimes, and firm direction to its enforcement authorities to vigorously enforce state law. David hire, City Attom APPROVED ity Mena ATTACHMENTS: 1. Resolution 2. Penal Code 422.6 3 _a RESOLUTION NO. 19670 A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING A POLICY FOR THE PROTECTION OF HUMAN DIGNITY AND PREVENTION OF HATE CRIMES WHEREAS, the City Council ("City Council") of the City of Palm Springs ("City") acknowledges that its residents are diverse in their ethnicity, nationality, lifestyles and religious beliefs, which diversity contributes to the City's rich and varied cultured heritage; WHEREAS, the City Council recognizes that each of its residents has a right to be treated with courtesy and respect, regardless of the resident's background; WHEREAS, the City Council recognizes that there is a need to protect and safeguard the rights and opportunities of all persons to be free from all forms of arbitrary discrimination and hate; WHEREAS, the City Council considers acts of hate and discrimination committed against its residents an act against the entire community; WHEREAS,the City Council wishes to establish a policy to protect its residents against any and all hate crimes within its jurisdiction, which hate crimes include any criminal act or attempted criminal act against another which is motivated by the victim's race, ethnicity, sex, sexual orientation, gender, AID.S/MV status, physical challenges, religion or religious practices; and WHEREAS, the City Council wishes to commit resources of the City to investigate and apprehend any and all persons who participate in hate crimes. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Palm Springs as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Public Policy. The City finds that the establishment of a policy to protect its residents from hate crimes is in the public interest and necessary to safeguard the rights and opportunities of all persons to be free from all forms of arbitrary discrimination and hate. Section 3. Policy Aeainst Hate Crimes. The City wishes to adopt the following zero tolerance policy to protect its residents against hate crimes: 1. Definition. "Hate Crimes" shall have the same meaning as California Penal Code Section 422.6 and shall mean the use of force or threat of force to willfiilly injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or M71014084-M 319M.1 a10f2W -1- RESOLUTION NO. 1 �e. uls 3 R19670 amlos Page 2 the United States because of the other person's race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because of the perception that a person has one or more of those characteristics. 2. CC' y a. The City resolves to vigorously pursue, through means reasonably available to the City and the City's Police Department, a course of investigation, apprehension of any and all persons who participate in hate crimes. b. The City, through its City Manager or his or her designee, shall recommend to the Riverside County District Attorney's Office the prosecution, conviction and incarceration of any and all persons who participate in hate crimes. C. The City shall take appropriate steps to train all law enforcement personnel as to the investigation of hate crimes and apprehension of all persons who perpetrate or participate in hate crimes. 3. Fd nation. The City resolves to support the efforts of the Human Rights Commission of Palm Springs to educate its residents regarding the nature of hate crimes, efforts to combat hate crimes, and developing a sensitivity toward peoples' race, ethnicity, sex, sexual orientation, gender, AMS/H1V status,physical challenges, religion or religious practices. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. ADOPTED this 20th day of October , 1999. AYES: Members Barnes, Hodges, Reller-Spurgin and Mayor Kleindienst NOES: None ABSEN . Member Oden ATTEST: THE CITY OF PALM SPRINGS By City Clerk City Manager REVIEWED AND APPROVED AS TO FORM: City A y a7ro1e084-WI 329M I &100M -2- RESOLUTION NO. dw