2264 legal letter regarding Sanctuary City (from 2007)In
STENSTROM, McINTOSH, COEBERT, WHIGHAM & PARTEOW, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
WILLIAM L. COLBERT
FRANK C. WHIGHAM
ROBERT K. McINTOSH
JAMES J. PARTLOW'
SUSAN W. STACY
MINH N. HAN
VERA L. JUNE
LESLIE S. STEWART
'CERTIFIED MEDIATOR
1001 HEATHROW PARK LANE
SUITE 4001
LAKE MARY, FLORIDA 32746
(407) 322-2171
DELAND (386) 668-1479
FAX (407) 330-2379
WWW.STENSTROM.COM
October 31, 2007
Via Certified Mail, Return Receipt Requested
Steve Salvi, Founder
Ohio Jobs and Justice PAC
Post Office Box 46219
Bedford, Ohio 44146
7661 Normandie Blvd.
Middleburg Heights, Ohio 43201
202 East Frambes Avenue
Columbus, Ohio 43201
7661 Normandie Blvd., Suite D3
Cleveland, Ohio 44130
Re: City of Sanford, Florida, Sanctuary City Designation
Dear Mr. Salvi:
KENNETH W. McINTOSH
S. KIRBY MONCRIEF
SANDRA K. AMBROSE
MONICA W. ROTHBAUM
OF COUNSEL
DOUGLAS STENSTROM
RETIRED
THOMAS E. WHIGHAM
(1952-1988)
This is to supplement our communication of August 23, 2007. The contents of our
previous letter are confirmed, ratified and made a part of this communication.
Further provided is the below information:
1. The City of Sanford complies with the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRAIRA) as amended.
2. The City of Sanford and the Sanford Airport Authority fully complies with all
federal regulations and legislation promulgated by the Department of
Homeland Security.
3. Written policies are established as follows:
a) See policy and letter of August 23, 2007 which is a part of all City
contracts, enclosed herein.
SERVING CENTRAL FLORIDA
— SINCE 1954 —
October 31, 2007
Page 2
b) We enclose herewith an additional term from City contracts whereby the City
will not intentionally award publicly funded contracts to any consultant who
knowingly employs unauthorized alien workers. This term also
acknowledges that the City considers the employment of an unauthorized
alien of a consultant to be a violation of policy promulgated by the INA.
Violation of such regulations are held by the City to be grounds for immediate
termination of any City contracts.
The City demands and enforces adherence to these policies.
4. All City staff, employees, and agents are instructed to comply with the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) and
related regulations on a day-to-day basis as they perform their respective job
responsibilities and tasks and are regularly reminded by their supervisors to
report any and all non compliance.
5. The City of Sanford does not have any legislation or policy of any type that
discourages or prevents any City employee from notifying Immigration and
Customs Enforcement (ICE) after having contact with an illegal alien or
suspected illegal alien.
Please note the following:
a) Tropicana Apartments are regularly in contact with City staff and employees
regarding those individuals that reside at or visit this are of immigrant
residence.
b) Police officials computerize traffic stops to determine the status of an alleged
violator and report negative immigrant status to ICE and FDLE (Florida
Department of Law Enforcement).
C) FDLE is becoming proactive with the City of Sanford in the management of
illegal immigrant affairs.
Political candidates have repeatedly recognized the efforts of this City as an example of
compliance with Federal, State and local immigration control efforts.
The City of Sanford, Florida is not subject to criticism or failure of performance by OJJPAC
(Ohio Jobs and Justice PAC) as alleged in defining the City of Sanford, Florida as a
"Sanctuary City."
Accept this correspondence as the City's demand for removal from any "Sanctuary City"
definition, label, list or other categorization however disseminated or published.
October 31, 2007
Page 3
Provide INSTANTER proof of removal.
Please govern yourself accordingly.
Sincerely,
STENSTROM, McINTOSH, COLBERT,
WHIGHAM & PARTLOW, P.A.
William L. Colbert, City Attorney
cc: Sherman Yehl, City Manager
anet Dougherty, City Clerk
Linda Kuhn, Mayor
Members of the City Commission
CTocuments and Settings\YolandatLocal Settings\Temporary Internet F Ies10LK61 Ur to S Salvl re Sanctuary City wpd
STENSTROM, MCINTOSH, COLBERT, WHIGHAM & PARTLOW, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
WILLIAM L. COLBERT
1001 HEATHROW PARK LANE
KENNETH W. McINTOSH
FRANK C. WHIGHAM
SUITE 4001
S. KIRBY MONCRIEF
ROBERT K. McINTOSH
LAKE MARY, FLORIDA 32746
SANDRA K. AMBROSE
JAMES J. PARTLOW'
(407) 322-2171
OF COUNSEL
SUSAN W. STACY
DELAND (386) 668-1479
DOUGLAS ENSTROM
MINH N. HAN
FAX (407) 330-2379
RETIRED
VERA L. JUNE
WWW.STENSTROM.COM
MONICA W. ROTHBAUM
THOMAS E. WHIGHAM
LESLIE S. STEWART
(1952-1988)
'CERTIFIED MEDIATOR
August 23, 2007
via email: ojjpac.org and
certified maii, return receipt requested
Steve Salvi, Founder
Ohio Jobs and Justice PAC
P. O. Box 46219
Bedford, Ohio 44146
Re: City of Sanford, Florida, Sanctuary City Designation;
Dear Mr. Salvi:
The designation of the City of Sanford, Florida,:as a sanctuary city for illegal aliens is
unwarranted, unfounded and ludicrous.
Your generalization that City employees of the City of Sanford are instructed not to notify
the Federal Government and its agencies including:
D Department of Homeland Security
D Immigration and Customs Enforcement (ICE)
is incorrect, unfounded and inflamatory.
OJJPAC has conducted no investigation within the Centrai Fiorida area io advance the
label "Sanctuary City" and defame not only the City, but its dedicated employees.
The statements of OJJPAC are actionable and appropriate investigative efforts are
underway with State and Federal agencies to determine the legitimacy of your "labeling"
and the objectives of your organization.
Attached for your identification is just one of a number of policy declarations which are
included in all City/Consultant/Contractor contracts. This po'icy inclusion has been utilized
by other municipalities as a format for our collective efforts to notify and cooperate with all
local, State, and Federal agencies to identify illegal and legal aliens within our communities.
SERVING CENTRAL FLORIDA
— SINCE 1954 —
August 23, 2007
Page 2
We have many legal immigrants living within and employed by our City that are outraged
by your labeling of their home place.
We shall await your immediate retraction of the label "Sanctuary City" that you have cast
on the City of Sanford, Florida.
We shall likewise await your immediate removal of the designation "in dispute" from your
website.
We await your formal response within ten (10) days from the receipt of this certified
communication else we shall proceed as clearly stated in this correspondence.
GOVERN YOURSELVES ACCORDINGLY.
Sincerely,
STENSTROM, McINTOSH, COLBERT,
WHIGHAM & PARTLOW, P.A.
William L. Colbert, City Atto��*=�
Enclosure
xc: Honorable Linda Kuhn, Mayor (via hand delivery)
Sherman Yehl, City Manager (via hand delivery)
Kenneth W. McIntosh, Assistant City Attorney
SECTION 6: CONSULTANT RESPONSIBILITIES.
(a) The CONSULTANT shall be responsible for the professional
quality, accepted standards, technical accuracy, neatness of appearance of
employees, employee conduct, safety, and the coordination of all services
furnished by the CONSULTANT under this Agreement as well as the conduct of
its staff, personnel, employees and agents. All CONSULTANT employees shall
at all times when performing work wear identification badges which, at a
minimum, provides the name of the employee and the CONSULTANT.
(b) The CONSULTANT shall provide to the CITY a list of employees
working on the project. The CONSULTANT shall provide to the CITY a list of
employee working days, times and assignments within forty-eight (48) hours of
the CITY's written request for such information. This information, when
requested by the CITY, shall be provided to the CITY prior to the employees of
the CONSULTANT entering the CITY's premises.
(c) The CONSULTANT shall comply with Section 2-67 of the Sanford
City Code as it relates to security screenings of private contractors and
employees of private contractors. The CONSULTANT shall cause each person
found by the City Commission to be functioning in a position critical to the
security and/or public safety of the CITY by reason of access to any publicly
owned or operated facility to undergo the following inquiries and procedures
conducted by the City of Sanford:
i.) Fingerprinting in accordance with the CITY's pre-employment
procedures,
ii.) Submission of the fingerprints to the Florida Department of Law
Enforcement for state criminal history evaluation, and
iii.) Submission of the fingerprints to the Federal Bureau of
Investigation for a national criminal history evaluation.
Such confidential information shall be used by the CITY to determine a person's
eligibility to function in such critical employment position(s) as described.
Additionally, the CITY may request and the CONSULTANT shall provide the
name, address and social security number and licenses (driver's, commercial
drivers license or CDL, or other operator's license) for employees of the
CONSULTANT that may work on the CITY's premises in positions found by the
City Commission to be critical to the security and/or public safety of the CITY by
reason of access to any publicly owned or operated facility. The CONSULTANT
shall release such information upon approval of the employees. If an employee
refuses to authorize the release of their address, social security number and/or
licenses they shall not be allowed to work or continue to work in such critical
positions.
(d) The CONSULTANT shall work closely with the CITY on all aspects
of the provision of the services. The CONSULTANT shall be responsible for the
professional quality, technical accuracy, competence, methodology, accuracy
and the coordination of all of the following which are listed for illustration
purposes only and not as a limitation: documents, analysis, reports, data, plans,
plats, maps, surveys, specifications, and any and all other services of whatever
type or nature furnished by the CONSULTANT under this Agreement. The
CONSULTANT shall, without additional compensation, correct or revise any
errors or deficiencies in his/her/its plans, analysis, data, reports, designs,
drawings, specifications, and any and all other services of whatever type or
nature. The CONSULTANT's submissions in response to the subject bid or
procurement processes are incorporated herein by this reference thereto.
(e) Neither the CITY's review, approval or acceptance of, nor payment
for, any of the services required shall be construed to operate as a waiver of any
rights under this Agreement or of any cause of action arising out of the
performance of this Agreement and the CONSULTANT shall be and remain
liable to the CITY in accordance with applicable law for all damages to the CITY
caused by the CONSULTANT's negligent or improper performance or failure to
perform any of the services furnished under this Agreement_
(f) The rights and remedies of the CITY, provided for under this
Agreement, are in addition to any other rights and remedies provided by law.
(g) Time is of the essence in the performance of all services provided
by the CONSULTANT under the terms of this Agreement and each and every
Work Order.
(h) The CONSULTANT shall cooperate with the CITY in the
implementation of the CITY's tax recovery program and, to that end, the CITY
may make purchases directly under its purchase order processes relative to
various materials, supplies and equipment that may be part of the services
provided under this Agreement. The CONSULTANT hereby recognizes the right
of the CITY to engage in tax recovery/savings through direct purchases.
CITY OF SANFORD
AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into the day of ,
by and between the City of Sanford, Florida, whose address is 300 North Park Avenue;
Sanford, Florida 32771, a municipal corporation of the State of Florida, holding tax
exempt status, hereinafter referred to as the "CITY" and , a
(state) Corporation authorized to do business in the State of Florida, whose
principal and local address is ,
hereinafter referred to as the "CONSULTANT". The CITY and the CONSULTANT are
collectively referred to herein as the Parties.
WITNESSETH:
SECTION 22: STANDARDS OF CONDUCT.
(k) The CITY will not intentionally award publicly -funded contracts to any
Consultant who knowingly employs unauthorized alien workers, constituting a violation
of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of
the Immigration and Nationally Act (INA). The CITY shall consider the employment by
the CONSULTANT of unauthorized aliens, a violation of Section 274A(e) of the INA.
Such violation by the CONSULTANT of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for immediate termination of this
Agreement by the CITY.
MEMORANDUM
Stenstrom, McIntosb, Cert w�iobam & Pardow, P.A.
1oo1 Heat�jrow Par Lane, Suite 4001
Labe Maq, Floriba 32746
(407) 322-2171
To: Sherman Yehl, City Manager
Janet Dougherty, City Clerk
Linda Kuhn, Mayor
Members of the City Commission
From: Leslie S. Stewart, Esquire
Date: November 16, 2007
Re: City of Sanford, Florida, Sanctuary City Designation
cc: William L. Colbert, Esquire
Kenneth W. McIntosh, Esquire
After today's review of the website promulgated by Ohio Jobs and Justice PAC
(www.OJJPAC.org), I can report that the City of Sanford has been removed from the
list of Florida cities classified by OJJPAC as a Sanctuary City.
Attached is an excerpt from the website, including a new update showing the City of Sanford
has been removed from the list.
I:lstewart\clients\cityofsanford\sanctuarycity\memo regarding sanctuary city designation.wd
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OJJPAC: "Sanctuary Cities, USA"
Ohio Jobs & Justice PAC
Go to Home Email: salvi�ojjpae.org
Sanctuary Cities, USA
(Sanctuary Cities list below)
From 9/11 Commission hearings:
LEHMAN: "Were you aware that it was the US government established policy not to
question or oppose the sanctuary policies of New York, Los Angeles, Houston, Chicagc
San Diego for political reasons, which policy in those cities prohibited the local police
from cooperating at all with federal immigration authorities?"
CONDOLEEZA RICE: "I do not believe 1 was aware of that."
Sanctuary Cities: What are they?
By Steve SaNi (Revised 17-11-07)
Despite a 1996 federal law [the Illegal Immigration Reform and Immigrant Responsibility Act ( IIRIR
requires local governments to cooperate with Department of Homeland Security's Immigration and Cup
Enforcement (ICE), many large urban cities (and some small) have adopted so-called "sanctuary policit
Generally, sanctuary policies instruct city employees not to notify the federal government of the presen
aliens living in their communities. The policies also end the distinction between legal and illegal immi€
illegal aliens often benefit from city services too.
A formal sanctuary policy is a written policy that may have been passed by a local government body in
resolution, ordinance, or administrative action --general or special orders, or departmental policies. For
cities are the easiest to identify since their actions to become a sanctuary city are public record. Click I-
one
one city's (Tulsa, OK) police department policy.
An informal sanctuary policy is a policy that does not exist on paper but none -the -less is carried out by
workers (administrative, service, or safety). An informal sanctuary policy is more difficult to documen
http://www.ojjpac.org/sanctuary.asp 11/15/2007
3VV1.11rJ1Ly1... 1 ark, L Vl 7
obvious public record exists. Since no public records are available, a local government's (e.g., townshi
city) actions in regards to interacting with illegal aliens will evidence its "unwritten" policy regarding it
Statements and actions by public officials, including safety forces, can indicate what is the unwritten pc
News reports can also shed light on what a local government unwritten policies. For example, did the I
department contact ICE after determining that a driver involved in a misdemeanor traffic stop was an it
was the driver let go with no call to ICE? Did a mayor of a town hire illegal alien day laborers for a ci
Does a mayor complain to the press that illegal aliens workers were arrested by ICE? These are all goc
that an informal (unwritten) sanctuary policy exists.
One justification of creating sanctuary cities is often under the guise of protecting "immigrant rights."
aliens are not immigrants -- immigrants come to the US legally, and maintain their legal presence. Whe
illegally smuggled into the U.S. or violates their visa restrictions -- he/she is not an immigrant or visitor
illegal alien subject to deportation.
Why do public officials pass sanctuary laws or establish unwritten "don't ask --don't tell" policies? Thee
variety of reasons: To appease illegal immigration support groups; buckling to political pressure from
support groups who lobby local governments to implement formal or informal sanctuary policies; polis;
contributions and support at election time; complacency, ignorance, or "don't care" attitudes; and purpo
resistance to existing US immigration law based upon an open -border political philosophy that serves t:
economic, political, and cultural ethnocentric interests.
Sanctuary policies --official or otherwise, result in safe havens for illegal aliens and potential terrorists.
policies allow criminal aliens to avoid deportation because they prevent local police from reporting ali,
to ICE. Visit the Victims of Illegal Aliens Memorial and learn about some terrible consequences sancb
and lax enforcement have had on American families.
What can you do? --Demand change! Call your members of Congress (House and Senate) and ask for
interior enforcement of US immigration laws. At the state and local level, ask your public officials wh:
community's policies are in regards to illegal aliens. If your local government or state has an official of
sanctuary policies, ask that they be repealed or changed.
Might your city have a written or "unwritten" sanctuary policy? First, read the disclaimer below and th
list below.
List of US Sanctuary Cities*
Note: Not all listings have been independently confirmed by OJJPAC. If you believe a city should
ease send an email, and OJJPAC will make note of the dispute and attempt to verify. Dates represent
as added to the list, not when it became or allegedly became a sanctuary city. Other notations may indi
)urce of information. Cities without a date were added prior to May, 2007. Some sanctuary cities may
;en identified and therefore not listed here. You are encouraged to perform additional research regardi
your own city. The presence of illegal aliens in your city does not necessarily indicate that your city i
ty.
Last updated: 11-12-07
http://www.ojjpac.org/sanctuary.asp 11/15/2007
• Denver, CO
• Durango, CO
• Federal Heights, CO
• Fort Collins CO
• Lafayette, CO
• Thornton, CO
• Westminster. CO
Connecticut
. New Haven. CT
to illegals)
(Congressional Research Service)
(6/13/07 Congressional Research Service)
(Added 6/3/07, documented by reader)
• Springfield CT (Disputed)
Florida
• DeLeon Springs, FL
• Deltona, FI
• Miami. FL
JvV�'11 ,iit),... 1 ar,%- -r vt i
(Added 6/4/07. TV News 8: City council votes 25-1 to issue ID cards
• Georgia
• Dalton, GA (Added 5/34/07. 6/18/07 Listing disputed as inaccurate by the City of Dalton,
GA. Currently being researched. )
Illinois
• Chicago, IL (Congressional Research Service)
• Cicero, IL (6/13/07 Congressional Research Service)
• Evanston, IL (6/13/07 Congressional Research Service)
Massachusetts
• Cambridge, Mass. (Source: Boston Globe. First passed resolution in 1985)
• Chelsea, Mass. (Added: 8-14-07 Source: Chelsea government website with text of sanctuary
policy.)
• Orleans, Mass. (6/13/07 Congressional Research Service)
Maine
• Portland (Added 5/31/07 Note: Maine resident reported that Portland city council passed
sanctuary legislation)
• State of Maine (Added 5/31/07 Note: Maine resident reported that the governor signed a
sanctuary executive order)
Maryland
• Baltimore, MD (Congressional Research Service)
http://www.ojjpac.org/sanctuary.asp 11/15/2007