I'll be live-blogging the Lewisville City Council meeting tonight, so please cut me some slack on spelling and formatting errors, and refresh often to see the latest. Quotes are paraphrased unless quoted.
5:30 PM - Workshop Meeting called to order.
All Council members are here. There are about 17 spectators - of which some are probably city employees.
E-Verify is a federal government program that allows employers to electronically verify employment eligibility of employees they have hired. The discussion is over whether the city should add a requirement to its outside contracts with vendors that vendors should sign up and maintain status in the program as a condition of contracts.
Basic history of the program - was implemented several years ago as a pilot. Program has improved significantly since then. The biggest criticism was the perceived error rate. It's now in the high 90% range in accuracy. Ideally this would be used by all employers when accuracy has been improved. Federal government has implemented now for all of its contractors.
It's not that simple to implement locally or unilaterally.
Watts wants to clarify exactly what we're verifying - King answers that it's employment eligibility in the US only.
Background is that IRCA currently requires all employers to collect I-9 data. It only applies to employers - not self employed or contractors. There is some room for interpretation. Part of the problem is that some employers stretch the definition of what a contractor is. E-Verify wouldn't solve that problem.
The main purpose of E-Verify is to catch employers or employees who are lying about eligibility or presenting false documents.
False rejections are a part of the error problem - saying someone is unable to work when they are legally allowed. There is a process the federal government has for employees to overcome that false determination.
E-Verify does not detect identity theft. If the employee presents a valid name and SSN, it wouldn't pick up any problem. Photos and biometrics are being or will be added. King: "So if I had Lathan Watts name and SSN, I could work as him".
Watts: "Anybody pick up on that - that I am clear to work?".
King says false rejection is a small percentage. Lewisville has used E-verify for years, but has never received a no-hire message.
King emphasizes that this will not pick up off-the-books employment.
E-Verify is a federal voluntary program. You cannot use it to screen prospective employees or for any other reason. It can only be used for people that have been officially hired.
Watts: It's illegal to use E-Verify as a hiring tool. People misunderstand that. If you do that you can be sued for discrimination. (But it happens all the time).
Gorena: You must do the verification within 3 days. Then you have 90 days to fix problems or terminate the employee.
King: Employers *may* use E-Verify on existing employees if they are federal contractors. There are numerous exceptions, rules, and interpretations on use. (See the memo)
12 states have E-Verify statutes, but some are just for state agencies and contractors. 3 require it for ALL employers in the state. one state prohibits its use, but there is a lawsuit.
Tierney asks King to clarify the various state statutes out there.
Mayor Ueckert wants to know whether any states require infinite levels of compliance among subcontractors.
Issues for local use: - To whom should it apply? - What are the unintended effects? - Administrative effort -enforcement - Ordinance or staff directive? - Penalties for violation?
Gorena says the feds handle all the penalties. We should require enrollment, but no penalty on our end.
Thornhill: How would we enforce this?
King: We'll talk about that more... Only the feds can enforce the actual use of the program. As a city, there are certain elements of documentation we can require that someone is enrolled, but we're not allowed by the feds to ask for certain information.
City has hundreds of contracts of all various sorts - not just construction, but purchases too.
The federal rule could be a model - it exempts commercial "off-the-shelf" purchases, contracts less than $100K, employees performing support work (Like A/P - accounting, etc.), and contracts less than 120 days.
Watts: So if the construction company hires someone to answer the phone, they wouldn't have to check her.
King: Correct.
In the federal rule, only the prime contractor is legally bound to use E-Verify - not subcontractors. It's the prime that must ensure sub-contractor performance.
Locally, we might consider a "COTS" definition, thresholds of size and time, exemptions for social service agencies, and other governmental entities.
Tierney wants clarification of social service agencies. King explains that we purchase the services of the agencies who help our citizens. Tierney clarifies that we make them use E-Verify for their employees - NOT their clients.
King: We also make contracts with other government entities like water districts who do work for us.
One issue to think about : What about large contractors who have many employees who are not working in Lewisville. What about public safety contracts? Economic development agreements?
The biggest question on this is how to handle sub-contractors. Staff doesn't always know how many levels of contractors there are. How would we get compliance?
Watts: If we did this locally, would we make the general contractor enforce for their subs, or would we? Watts enumerates many layers of subcontractors in the construction industry.
(There is now standing room only in the room)
Watts goes on to explain that subcontractors are the ones who hire most of the labor. Primary or general contractor usually has some project managers.
Mayor - a lot of these companies have NO employees. They just hire a lot of subcontractors.
King - Subcontractors can provide enrollment verification from E-Verify - printouts of website screens and copy of MOU. Other than that, there's not much way to enforce whether a sub is following the rules. Sub could sign up for E-Verify, but not follow the rules. King says that in the federal program, contractors can possibly be held liable for subcontractors - points out Walmart case.
Mayor now wants to move on to 287(g). King asks for 5 more minutes.
King says unintended effects could be reducing the pool of subs, cost pass-throughs, and making the contractor use it for all their jobs, whether they are in Lewisville or not, due to federal mandates.
King wonders if there is a city liability now based on whether we "should have known" because we're now paying more attention.
Watts says that by doing all of this, we help the federal government prosecutor's case of constructive knowledge. We could be on the hook.
Another problem is that the feds allow people to drop out of E-verify with 30 days notice. There is the "self-employed" gap. There is also the issue of the 90 day process in case of a no-hire.
Whether to make this and ordinance or a directive: Ordinance is less flexible - holds the effect of law. We probably could not have criminal penalties, but we could cancel contracts if we had to. If this were an ordinance, someone would have to go to council for any variance.
Mission Viejo doesn't seem to have strong enforcement or detection provisions. Stipulates an AG or DHS determination of violation as the trigger, but DHS and AG wouldn't notify the city necessarily. MV has never enforced.
There are relatively few prosecutions of violations nationwide, and when there are, they often lag the violation by years.
Alternative for the city - preferable - is to push this up to the state or federal level to ensure that everyone uses this. Incentives for voluntary compliance. Couple other ideas.
Mayor: Your recommendation?
King: Don't do it at this time. Think about alternatives, or push up to higher level
Mayor: Now lets talk about 287(g).
Second topic - 287(g) - You can follow along with the presentation here.
Police Chief Russ Kerbow is presenting. Says this presentation is similar to the one he gave in 2007.
287(g) is a federal law allowing delegation of immigration enforcement to local level. Originally intended for rural border-area use.
August of 2009, feds announced a new Memorandum of Authority
287(g) has never been a tool for area enforcement or sweeps for day labor, etc. Feds will pull certification if you try it.
(Kerbow is going from the presentation - only talking about changes from 2007)
Change is that training now is 4 weeks. Task force is the idea that we'd give up an officer to join an area task force. ICE will accept part-time participation from an officer.
Chief doesn't want to send a cop to every task force out there. We need our cops in the city. Their missions don't always align to ours.
If we did the street officer model of 287(g), it would take 16 officers to cover all the shifts and platoons.
Officers under 287(g) are totally under federal supervision - no local decision-making. We just do the federal paperwork for them. The new MOA pushes even more liability to the local level.
Federal training would not be totally free now. City may have to pay room and board in addition to salary and overtime.
The federal government does not indemnify the city if we screw up in our enforcement.
287(g) is one of 14 programs under the ICE ACCESS umbrella. We currently use CAP (Criminal Alien Program).
Gorena is excited that Obama administration is breaking up 287(g) into "ala carte" pieces like this.
Kerbow goes on to explain the process we currently use at the jail to determine alienage of suspects in custody. If ICE tells us someone is here illegally and they want them detained, we send them to Denton County jail.
Gorena: We have 16 officers trained? Kerbow: No - that's IF we did 287(g) - in order to do it right. Gorena: That's a large number Ueckert: Feds pulled a lot of 287(g) MOAs because localities were not training enough people.
Kerbow: To date since Sept. 2007, 814 people failed initial screening out of 10,320 jailed. 799 were referred to ICE, and 641 were issued a detainer by ICE.
We're interested in Community Shield Gang Task Force. We can share intelligence on a part-time basis. We want to formalize the association. Part of this is title 19 customs enforcement training. We would be covered by federal liability under this program. Kerbow will have full control over where our officers go - not to Juarez or El Paso - just local.
Secure Communities - This is a program that gives us some access to databases of biometrics where we can scan fingerprints and such. This can give us access to criminal history of aliens.
Gorena: This was the biggest chunk of 287(g) that I wanted. This is fantastic.
Tierney: So, ICE is not interested in picking up our class C misdemenor aliens?
Kerbow: No - they prioritize.
Gorena: This is what detects whether they've committed crimes elsewhere.
Kerbow: This is going national over the course of 3 years. We're getting in early because of our good relationship with ICE in the Dallas area.
To sum up, in all cases, the process starts when someone is arrested for a state criminal offense. ICE won't take custody until after state charges have been satisfied (person convicted or aquitted)
Thornhill: Your recommendation
Kerbow: Not to go with 287(g)
Thornhill: Did ICE have a recommendation?
Ueckert: Yes, ICE agent recommended we do not go for 287(g) because we are doing a splendid, better job using CAP program than we would with 287(g). Met with Rick Manricas and John Chackwick of ICE - they spent 20 minutes praising LPD on their handling, and how we've done a much better job than other cities with their 287(g). They said 287(g) is very restrictive. You can't question anyone until you get an ICE officer.
Ueckert is quoting what Gorena said in the meeting with ICE. Gorena apparently already heard this recommendation. Gorena is denying this. Ueckert says Gorena asked 3 times and was told 3 times.
Gorena clarifies that the recommendation was that we shouldn't do 287(g) unless we do a task force. Gorena now talking again about how chunks of 287(g) are now ala carte.
Ueckert goes on to say re-emphasize how this is the same story as has been the story for years.
King: ICE's official position is that it's up to localities.
Tierney: Chief, what did the other police chiefs say about 287(g)?
Kerbow: Farmers Branch police chief says CAP is better. Cannot speak for Carrollton.
King: Important to keep in mind that thing change. If at some point in time they stop answering our calls on CAP, we may look at something different. For now it's working. Supplement by the other programs like community shield.
Ueckert is praising the LPD's job on this.
Move on to regular agenda.
Item #3 - King clarifies this sewer is one of two phases of sewer - critical if we get more development in old town.
No other comments from council on other items right now.
Ueckert announces that Old Town Post Office will remain open - that he just heard that from Congressman Burgess, who worked real hard to make that happen. This was one of 17 or 27 in the district that were to be closed.
Regular Meeting will start in a few minutes. Kunke just brought me a copy of the letter from Michael Burgess explaining the non-closure of the Old Town Post office, but also stating that cost-cutting is still necessary, and the USPS may still consider a reduced work week. I'll scan and post this later tonight.
I'm gonna go out on a limb here and guess that any attempt to go with 287(g) tonight will die by at least 4 to 1, if it gets a second. Watts may second, but vote against. We'll see.
E-Verify is not going to pass tonight. If anything, it will be tabled, and there may be some direction to staff to draw up some changes or a draft ordinance, but a lot would have to be done to clarify so many of the outstanding issues around enforcement and dealing with subcontractors.
Somebody screwed with the chairs on the dais. Watts, King, and Gorena are spinning their chairs trying to raise them.
7:00 PM called to order.
Invocation and Pledges are done.
Mayor is presenting a certificate of achievement from GFOA in financial management to Brenda Martin, director of finance. City's annual report goes through a 78 page checklist of review. Of 80,000 governments in the U.S. only about 5% receive this certificate. This is an achievement for the city and indicates strong financial integrity. This award is for 2008. Brian Hogan is working on the 2009 report.
Mayor is talking about TCU and UT football.
Item D: Public hearing on a zoning change. Moved, seconded, read, approved unanimously.
Item E: Citizens Forum Dee Leggett and Charles Emery with DCTA. Dee is asking the Mayor to come down. She has a golden shovel in her hand. She's presenting the shovel to Ueckert, and she's not hitting him with it. Celebrating the cities participation in bringing the A Train to Lewisville.
(And now my battery on my laptop shows 14 minutes left - I may not finish this live blog in real time)
Regular Hearings, Item #5: Variance on sidewalks for Mary's Southern Cuisine. Watts moves, Durham seconds. Carries unanimously.
Item #6: Castle Hills Phase V final plat. Gorena wants to know if there's a walkway inside the wall around the property. Correct. Gorena moves, Watts Seconds, Motion Carries.
Item #7: Conforming technical updates to city industrial waste code relating to discharges into sewers. Durham Moved, Seconded, Passed unanimously.
Item #8: E-verify Winston Edmondson filled out a card. Speaking in support of E-Verify. Edmondson says he and city got off on the wrong food - apologizing for miscommunication. Says we should go above and beyond compliance. Says there are NO significant reason not to require E-Verify. All excuses are illegitimate. Says we should lead and not follow. Mentions Durhams opposition to liberty freeway.
(At this point, my laptop battery dies, and my system hibernates.)
So basically what happened is that Gorena moved to have city staff draft an ordinance. Motion died for lack of second. Tierney moved to add the item to the retreat agenda for a lengthier discussion. It was seconded and passed unanimously.
Item #9: 287(g) Again, lots of discussion and a rehash of what was said in workshop. Gorena moved to instruct staff to participate in 287(g). Motion died for lack of second. Durham moved to instruct LPD to keep doing what they're doing with the budget they have, and to come back if things change. Seconded and passed unanimously - Gorena voting against his own issue here again.
Can Americans and permanent residents conceivably imagine, that before President Obama signs into law this Comprehensive Immigration Reform. Millions of desperate people will try and cross the border fence? This is just as they did when President Ronald Reagan occupied the same Oval Office in 1986? Under the authorship of Senator Ted Kennedy, the number of illegal immigrants ready to be processed, instantly accelerated in numbers as they came out of the woodwork. After a promise of NO MORE AMNESTIES--after the Simpson/Mozzoli bill was pending, the obsolete Immigration and Naturalization Service (INS) was suddenly overwhelmed by unknown numbers of illegal aliens, who fraudulently adjusted their status to legal immigrant through bogus documentation.
The law stated you had to have resided on US soil for five years and able to prove it? Simple counterfeit documents were produced attesting to being in the country for that period. Once processed Millions deserted the agricultural jobs and spilled into the legitimate American labor force. Then the deluge of family members wanted to come and now America has not only become the land of fraudulent opportunity, but insipid politicians have allowed free access to American's education, health care and outlandish welfare dollars estimated in the hundreds of billions each year. Now the lawmakers have suckled though gross negligence on poor enforcing the border, to just complete and utter indifference to the American worker. This almost instantaneous infusion of discount labor, lowered wages and other benefits for the populace, producing unfair competition in employment for black, white, brown labor on the minimum wage scale. Its outrageous that roofing companies, dry wall, framers and every conceivable construction, entertainment and service industry have capitalized on illegal workers, taking away from legitimate businesses their ability to compete for bids.
This unsustainable greed cannot last much longer as wages fall and benefits are extinguished by the ruthless use of illegal labor. E-Verify, the local police 287 (g) with the power to arrest, didn't exist prior to President Bush introduction to the job market. From its inception E-Verify to stem illegal aliens from stealing jobs from millions of legitimized workers as part of the progressive SAVE ACT. Free trade under the NAFTA treaty became an abomination, as it deposed indigenous farmers from their income lands South of the border, thanks to US agricultural corporations. They needed to feed their families, so in their desperation they came looking for work in the United States. This catch 22 situation has appropriated lands in Mexico for US agricultural interests, at the same time forcing millions striving to reach this nation. As the Obama administration considers CIR, the numbers of illegal immigrants will rise in apportionment to the new AMNESTY law being to be enacted.
It might seem meaningless now, but if the rush to the border comes, as its been said by blogger's like me and even the press, whom normally have their fingers in their ears. That--NOTHING--will--STOP--the onslaught. The US Border Patrol needs to be enforced with the National Guard, because the numbers who try to force a way into America will freeze the brain. OUR COUNTRY HAS BEEN CRIPPLED BY ILLEGAL IMMIGRATION AND WILL CONTINUE TOO, BECAUSE OF POOR ENFORCEMENT. THE NUMBERS OF 12 TO 13 MILLION ALREADY HERE, DOESN'T ADD UP?
Those who have urged President Obama to enact this nonsensical AMNESTY, will be out-of-office, in the 2010 election year. Sen.Harry Reid (D-NV) leading the pack of wolves, will be the first to end up on the political funeral pyre. Those who come here from South of border and the very tip of South America, will enter with contagious diseases, criminal records and may be even terrorists. Those who slip across the Canadian border or through lengthy tourist lines at airport terminals could also be carriers of many viruses, not seen in America for fifty years.
All these millions of extra mouths to feed, will overload the government entitlement system and our crammed prisons. For many Americans this use of illegal labor and the consequences of Overpopulation seems the least of their worries, in this devastated economy. Perhaps it seems foolish to expect patriotic Americans to make their voices known, but if we do not stop this AMNESTY. We will be committing financial suicide for every legitimate person in this country, for every low skilled, unskilled US worker. Call the Capitol Switchboard at 202-224-3121 to be connected to your Senator and Congressman and use the voting power of THE PEOPLE. NUMBERSUSA AND JUDICIAL WATCH for more enlightening information about this ultra serious concern.
There isn't going to be another amnesty - not in the way it has been done in the past, anyway. I'd be surprised to see any blanket amnesty.
Just because a congressman here or a senator there might propose such a thing from time to time to appease their base doesn't mean it will happen.
The right wing demagogues love to get people riled up with predictions of doom based on immigration, but the truth is that it's just not as dire as that.
We can work on solving our porous borders without resorting to dramatics and xenophobia.
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Re: Lewisville City Council Meeting - Liveblog
