§ 44.02. General city services.

(a)

To the extent permitted by law, in determining eligibility for, and providing general city services, city employees shall be governed by the following requirements:

(1)

City employees are to carry out their regular duties for the purpose of administering general city services and program. Employees may complete I-9 forms, may question a person regarding the I-9 form and documents supporting the I-9 form, and may allow homeland security to audit the I-9 forms as allowed by law. With the exception of inquiries allowed by law or as necessary for law enforcement purposes, no St. Paul city officer or employee should inquire into the immigration status of any person or request any documents or information verifying the immigration status of any individual. Employees shall comply with any properly issued subpoena for the production of documents or witnesses, even if related to immigration issues or issues of homeland security.

(2)

City employees shall follow general city, state and federal guidelines to assess eligibility for services. City employees shall only solicit immigration information or inquire about immigration status when specifically required to do so by law or program guidelines as a condition of eligibility for the service sought. City employees may require evidence of a person's identity and may ask to see a person's personal identifying documents only when specifically authorized and required to do so by the employee's work duties. Information about immigration status in the possession of or known to city employees and representatives, however received, shall not be maintained or recorded except as otherwise specifically required by law. The confidentiality of such information shall be maintained to the fullest extent permitted by the laws of the United States and the state, including the obligation to maintain the confidentiality of personal information under the Minnesota Government Data Practices Act. City employees shall not discriminate against any current or potential service users on the basis of any of the protected categories listed in the city's human rights ordinance, Legislative Code Chapter 183.02(5), or on the basis of immigration status.

(3)

Other than complying with lawful subpoenas, city employees and representatives shall not use city resources or personnel solely for the purpose of detecting or apprehending persons whose only violation of law is or may be being undocumented, being out of status, or illegally residing in the United States (collectively "undocumented").

(4)

Where presentation of a state driver's license is customarily accepted as adequate evidence of identity, presentation of a photo identity document issued by the person's nation of origin, such as a driver's license, passport, or matricula consular (consulate-issued document), or of a photo identity document issued by any Minnesota county, shall not subject the person to an inquiry into the person's immigration status. This paragraph does not apply to I-9 forms.

(b)

General city services defined. General city services shall mean all city services excepting those services specifically listed as public safety services in section 44.03

(c)

Supervisors of general city services employees shall include information regarding the city's policy and expectations as set forth in this chapter in the orientation of new employees and as part of their employees' on-going in-service training.

(d)

City attorney's office. Civil division employees may investigate and inquire about immigration status when relevant to potential or actual litigation or an administrative proceeding.

(C.F. No. 04-316, § 1, 5-5-04)