Emotions Run High at Vista Town Hall Meeting About Community Safety and Due Process Resolution

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By TR Robertson
What was supposed to be a peaceful discussion about a Vista City Council resolution related to Community Safety and Due Process turned a little heated at times as city officials and members of the public expressed their opinions about both the resolution and increased immigration enforcement. The Town Hall, sponsored by Vista District 4 City Councilmember Daniel O’Donnell, was held at the Morris Vance Community Room at the Vista Civic Center. In attendance and taking part in the Town Hall were Vista City Manager John Conley, Vista City Attorney Walter Chung, and Vista Station Sheriff’s Captain John Malan. The resolution in question was brought forward by Vista District 1 City Councilmember Corinna Contreras in September of this year, and a motion was approved in a 3-2 vote to direct Vista staff to create a resolution with commitments from the city listing the following steps for action:

• “The City will actively disseminate ‘Know Your Rights’ information and will create a web page on the City’s official website providing information about individual legal rights and also provide hyperlinks to other online ‘Know Your Rights’ information.

• The City will prohibit federal law enforcement personnel from conducting immigration enforcement actions in non-public areas of City owned or City controlled properties unless federal law enforcement personnel have a valid judicial warrant.

• To the extent possible, future City contracts should include clauses prohibiting contractors from disclosing sensitive personnel and/or non-public information to federal immigration enforcement agencies unless required by law or court order.

• Any protected personal characteristics data of an individual collected by the City will not be shared by the City with immigration enforcement agencies, directly or indirectly, unless required by law or court order.”

Those Vista Councilmembers voting to approve were Councilmembers Contreras, O’Donnell and Katie Melendez. Opposing the resolution were Councilmember Jeff Fox and Vista Mayor John Franklin.

Beginning with an introduction to those in attendance at the Town Hall meeting, Councilmember O’Donnell emphasized the need for decorum and civility and pointed out several Vista Sheriffs Officers in the back of the room. Those in attendance were supposed to submit questions on cards that would be picked up by City Manager John Conley. O’Donnell then proceeded to respond to raised hands from several in attendance, including Mayor John Franklin, who said he was attending as a citizen of Vista. Franklin’s “question” was more of a personal position statement concerning the resolution and whether the resolution was needed at all. Some back-and-forth rhetoric occurred which also led to several citizens in attendance speaking out. The decorum and civility didn’t last too long at this point. O’Donnell said nothing in the Resolution violates federal law and the Resolution does not address Vista as being a sanctuary city, which was brought up by several citizens. He also said the federal government needs more specific immigration legislation and policies. Various citizens asked that the Resolution be read to the group.

With order restored, for the most part, O’Donnell had Captain Malan respond to questions about the current Vista crime rate and the role of the Sheriff’s Department with immigration issues. Several handouts were provided by the Sheriff, one dealing with Compliance with Senate Bill 54: The California Values Act and one with Federal Law Enforcement. The Sheriff emphasized Sheriff’s deputies do not investigate or enforce immigration laws and will not ask individuals for their immigration status. On the handout some of the specifics listed included:

• The Sheriff’s Office does not make contact with the federal government to detain individuals for immigration violations.
• The Sheriff’s Office does not hold individuals based on federal detainer warrants
• Sheriff’s deputies do not use immigration officers for translation services.
• The Sheriff’s Office will not transfer an individual to immigration authorities unless authorized by a judicial warrant or based upon a qualifying conviction as per state law.
• The Sheriff’s Office does not permit license plate reader date to be shared with Department of Homeland Security or Immigration and Customs Enforcement (ICE) agents.
Also from the San Diego County Sheriff’s Office, these were several of the specifics listed:
• San Diego County Sheriff Kelly Martinez values community relationships and prioritizes public safety and trust.
• We only notify immigration for those in our custody meeting qualifying convictions for crimes such as but not limited to murder, rape, domestic violence and drug trafficking.
• We do not provide special access to immigration authorities in our jails.
• We do not enforce immigration law.
• We do not participate in immigration raids or immigration-focused operations.

Some of the questions asked were centered around whether our crime rates are high at the present time. Sheriff Malan said Vista Sheriff’s Station does respond to a high rate of crimes in this area. Many wanted to know why this Resolution is being “pushed” at this time. No clear response was given. City Attorney Chung wanted everyone to know that this is a Resolution, not an Ordinance. An Ordinance is a local law, and a Resolution is an information statement from the City Council.

I strongly encourage each of you reading this article look at both of the videos attached and filmed of the Town Hall meeting and draw your own conclusions concerning the Resolution and the responses from those in attendance. This Resolution will come back to the Vista City Council on November 18th for further discussion. This should be another lively discussion.

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