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HomeMy WebLinkAbout02-18-2014 Human Rights Commission12IOWA CITY HUMAN RIGHTS COMMISSION 51 Years of Advancing Equality 1963-2014 AGENDA CITY OF IOWA CITY HUMAN RIGHTS COMMISSION HELLING CONFERENCE ROOM, CITY HALL February 18, 2014 6:00 P.M. 1. Call Meeting to Order/ Roll Call 2. Approval of Minutes from the January 21, 2014 Meeting 3. Public Comment of Items Not on the Agenda 4. Old Business: a. Municipal Identification Cards b. Establishing A Policy for Funding Request to Commission 5. Subcommittee Reports: a. International Students (Olmstead, Cohen, Retish, Townsend) b. Racial/Ethnic Equity Roundtable (Cohen, Townsend) c. Breakfast d. Education (Relish, Olmstead, Coulter, Amos) i. Martin Luther Icing, Jr. Day ii. Diversity Policy iii. Individualized Education Programs e. Building Communities (Townsend) i. Housing Choice Voucher f. Job Fair (Relish) g. University of Iowa Center for Human Rights (Ghoneim, Olmstead) 6. Reports of Commission 7. Reports of Staff 8. Set Next Regular Meeting for March 18, 2014 at 6 p.m. 9. Adjourn The Iowa City Human Rights Commission meetings follow the Iowa City Community School District closings for inclement weather except for early dismissals for heat. Minutes Human Rights Commission January 21, 2014 — 6 P.M. Helling Conference Room Preliminary Members Present: Harry Olmstead, Orville Townsend Sr., Ali Ahmed, Paul Retish, Joe Coulter, Andrea Cohen, Jewell Amos, Kim Hanrahan. Members Absent: Shams Ghoneim. Staff Present: Stefanie Bowers. Recommendations to Council: YES. The Commission requests the Council to reconsider its decision to discontinue the half -fares for SEATS riders at the end of FY14 and to continue to offer half- fares in light of the fact that according to SEATS Director Tom Base: 1) More than 51% of SEATS riders are eligible for half -fares; 2) Over 91 % of the rides SEATS provides are made by half -fare riders. The elimination of the half -fares impacts businesses and has a very tangible effect on the human rights of persons who reside in this community. Moved by Olmstead, seconded by Amos. Motion passed 8-0. Call to Order: Bowers called the meeting to order at 18:03. New Commission Member: Commissioners recognized newest member Ali Ahmed. Consideration of the Minutes from the December 17, 2013 Meeting: Moved by Townsend, seconded by Harahan with information added to clarify Finnerty's comments under the Report of Education to read: Finnerty proposes a friendly amendment to state that `when policies arise pertaining to the minority community the school district should consult the minority community or any of its committees.' Correction under Reports of Commissioners (Cohen) should read `school buses' and not local school buses. Motion passed 7-0. (Coulter not present). Public Comment of Items Not on the Agenda: None. Meeting Business: Selection of Vice Chair for 2014 Olmstead moved to elect Cohen, seconded by Amos. Motion passed 7-0. (Coulter not present). Selection of Chair for 2014 Townsend moved to elect Olmstead, seconded by Harahan. Motion passed 7-0. (Coulter not present). Establishing a Policy for Funding Request to Commission Amos provided a sample policy that read: The purpose of the Commission is not to donate it's (sic) funds to individuals or Organizations (sic). All individuals and organizations that solicit for donated funds will be denied such funds. Cohen suggested that the creation of a policy for funding request might be best reviewed for evaluation by an outside consultant who would use input from Commissioners as to what the policy should be. A consultant could also assist in evaluating the effectiveness of the Commission's donations in the past to events and organizations. Commissioners declined to move forward on using a consultant citing the number of Commission subcommittees to date. Amos will rewrite a draft policy for the Commission to consider at its February meeting date. SEATS Olmstead requested that the Commission send another recommendation to the Council asking them to reconsider their decision to discontinue the half -fares for SEATS riders at the end of FYI and to continue to offer half -fares in light of the fact that according to SEATS Director Tom Base more than 51 % of SEATS riders are eligible for half -fares and over 91% of the rides SEATS provides are made by half -fare riders. Motion Olmstead, seconded by Amos. Motion passed 8-0. See Recommendations to Council. The elimination of the half -fares is a very tangible human rights concern for riders. In addition, if the elimination of half -fares reduces the number of SEATS riders overall it also has an economic effect for local businesses. Old Business: Inventory of Ramps Olmstead reports the Council increased the FY 14 budget for improving ramps throughout the City (from $50,000 to $100,000). However, he notes that the increased funding is still insufficient to bring the City into compliance with the Americans with Disabilities Act. Subcommittee Reports: International Students Subcommittee Bowers indicated that staff is looking into getting discrimination and fair housing outreach materials translated into Mandarin Chinese. Racial/Ethnic Equity Roundtable No report. Breakfast Ahmed will discuss the allegations against the Sheraton (wage theft of past employees) made by the Center for Worker Justice with the Center for Worker Justice as he is a board member to see if there are any updates. Ahmed will report back to the Commission at the February meeting date. Education Coulter reported that the Iowa City Community School District Board recently discussed the diversity policy. Retish will contact the Equity Director of the school district to get more information. Townsend noted that many youth of the church he belongs to were unable to participate in the church's annual Martin Luther King, Jr. program because of the decision to hold school on this day. Motion Olmstead, seconded by Townsend for the Commission to send a note to the school district that the Commission supports the school district in not holding school on Martin Luther King, Jr. National Holiday for 2015 and in the future. The Commission would also request a written response back from the school district in regards to their intent to hold school on the Martin Luther King, Jr. National Holiday in the future. Motion passed 5-1. (Retish voted against)(Hanrahan, Coulter not present for vote). Newcomers to the Community Cohen suggests merging the International Students Subcommittee under Newcomers to the Community Subcommittee. Building Communities Townsend made a suggestion to Steve Rackis, Director of the Iowa City Housing Authority to add language in its literature (Who We Are & What We Do) that explains that the Housing Authority has its own investigative process for allegations of misconduct for participants of the program. The investigative process used by the Housing Authority is separate and distinct from the legal system should a consumer of the program or a member of their family face legal troubles that comes to the attention of the Housing Authority. Olmstead added that the literature should be printed in multiple languages. Bowers reported that she had discussed Townsend's suggestion with Rackis and that Rackis was open to placing such information in the literature when it was revised later this year. UI Center for Human Rights No report. Building Blocks to Employment Job Fair Bowers reported that the last planning meeting had very low attendance and without more assistance it is unlikely that the job fair will continue. Attendees at the last meeting reported not seeing a need for a job fair and felt another approach may be more beneficial to the community. Another meeting will be scheduled and after that time it will be decided whether to continue to hold the job fair. Commission Townsend reminded Commissioners to not make any commitments to others on behalf of the entire Commission. Any commitments to participate in events or share in any initiatives should be presented and discussed by the entire Commission at a monthly meeting. Retish announced that he is teaching two courses thru the Iowa State Extension Program in 2014 and encouraged Commissioners to attend not only his programs but the other courses being offered that are on a variety of different topics. Amos mentioned that The Visible Action Team is working on getting nursing homes and other persons, organizations and businesses who work with an elder population to be more sensitive and respectful of people from the Queer Community as they age. Cohen invited Commissioners to visit and read her blog and to submit any suggestions or ideas to her Olmstead gave the details on an upcoming keynote presentation by Council Member Kingsley Botchway being held at the University of Iowa College of Law. Olmstead also requested that staff send a letter to Royceann Porter congratulating her on receiving the Martin Luther King, Jr. Achievement Award from Iowa Governor Branstad. Staff Bowers will schedule an additional orientation with Ahmed and Relish to discuss the role of staff to the Commission. Cohen moves to adjourn. Townsend seconds. Motion passed 5 — 0. (Olmstead, Hanrahan, Coulter not present for vote). Adjournment: 19:34 Next Regular Meeting — February 18, 2014 at 6 pm. Human Rights Commission ATTENDANCE RECORD YEAR 2013/2014 (Meeting Date NAME TERM EXP. 1/28 /13 2/19/ 13 3/19/N4/165/21 13/13 6/18/ 13 7/16/ 13 8/20/ 13 9/17/ 13 10/15/ 13 11/19/ 13 12/171 13 1/21/ 14 Diane Finnerty 1/1/14 X X X X X X X X O/E X X - Ali Ahmed 1/1/17 - - -- - - - - - - - X Orville Townsend, Sr. 1/1/17 X X xX X X X X X X X X Paul Retish 1/l/17 - - - - - - - - - X X X X Dan Tallon 1/1/14 X X O/E X X X O/E R R R R R R Kim Hanrahan 111115 X X X O/E X X X X X X O/E X X Shams Ghoneim 1/1/15 O/E X X X O/E X O/E X X X X X O/E Jessie Harper 1/1/15 X X X R R R R R R R R R R Jewell Amos 111115 - - - - - - X X X X O/E X X Katie Anthony 1/1/16 X X X X R R R R R R R R Joe D. Coulter 1/1/16 X X X X X X O/E X X X X X X Harry Olmstead 1/1/16 X X X X X X X X X X X X X Andrea Cohen 1/1/16 - - - - - - - O/E X X X X Y. Connie Goeb 1/1/13 - - - - - - - - - - - - - Howard Cowen 1/1/13 - - - - - - - - - - - - - David B. Brown 1/1/14 R R R R R R R R R R R R R Henri Harper 1/1/14 R R R R R R R R R R R R R KEY: X = Present O = Absent ik O/E = Absent/Excused- +' NM= No meeting -- = No longer a member R =Resignation Agenda Item 4a Stefanie Bowers From: Stefanie Bowers Sent: Thursday, January 23, 2014 4:46 PM Subject: Municipal Identification Cards Attachments: 1-23-2014_I nformationPacket. pdf Attached is a memo and report on municipal identification cards that is in the Council Information Packet of 1/23/14. rl CITY OF IOWA CITY MEMORANDUM IP4 Date: January23, 2014 To: Geoff Fruin, Assistant to the City Manager From: Stefanie Bowers, Human Rights Coordinatd:53 �,� Re: Municipal Identification Cards Introduction: In August of 2013 University of Iowa College of Law Professor Stella Bunch Elias contacted City Attorney Eleanor Dilkes offering to provide a student research paper for City staff on the topic of municipal identification cards as part of her Advanced Immigration Law and Policy course. The topic was of particular interest to Professor Elias as she was involved in the launch of the Elm City Resident Card when she lived in New Haven, Connecticut. Over the next several months Professor Elias and a small team of law students, Eren Fleck and Jordan Moody, rest with City staff to discuss the research project. Discussions included but were not limited to any potential for conflict with existing state or federal law, information gathering on models used by other municipalities that currently issue cards, community interest in a card, community need for a card and the cost to implement and sustain municipal identification cards and whether information collected from those who applied for a card would be a public record under Iowa law. In addition to meeting with City staff Professor Elias and the law students gauged community interest and need by meeting with several local community leaders and organizations for further input on municipal identification cards. The full report entitled memo, History/Background: In December 2012 the Human Rights Commission made the following recommendation to the City Council. The Human Rights Commission would support the City In pursuing a municipal issued identification card, implemented in a manner to protect the safety of undocumented persons. Human Rights Commission Meeting Minutes 12/18/12. In June of 2013 the City Council directed staff to research the feasibility of a municipal identification card as part of the recommendation put forth by the Human Rights Commission and supported by the Ad Hoc Diversity Committee in its recommendations to the City Council in March 2013. Staff subsequently began to meet and research the topic in order to report back to City Council. Financial Impact: The costs and expenses for a municipal identification card system vary. Costs and maintenance can fluctuate depending on who issues the card (a city, a non-profit or a for -profit). Costs are also influenced by the services delivered by the card. For example, a municipal identification that serves as a debit/credit card would be more costly to produce due to the sophisticated nature of the functions delivered and security needed for the card versus a card that was issued for identification and access to City services. In addition, to the costs associated with producing an actual card (materials, software, computer, printer) there are costs in the upkeep/maintenance of equipment and the continual production process. Report, D. 23. January 23, 2014 Page 2 As you will read, New Haven, Connecticut implemented its municipal identification cards with the assistance of philanthropic donations and grants. Since that time New Haven has not reported any additional costs to run the program. The city's Vital Statistics Office manages the issuance of municipal identifications as an additional duty of its responsibilities. Report. D. 17. For comparison, the city of San Francisco expended a large amount of Its general fund ($828,000) to implement municipal identification cards. Two city employees are responsible for running the program. Ongoing costs including licensing, software and printer costs run over $200.000 annually. ReporL D. 20. Cost implications for each model are addressed in the full report that follows. Needs Assessment: As part of their research Professor Elias and the students were able to Collect data from 233 community members in October of 2013. Report, D. 12. The surveys were available in both English and Spanish. Id. Survey results show that there is a demand for a municipal identification card. Respondents ranked the benefits of such a card for use in interaction with law enforcement (94%), medical service access (87%), utility account creation (87%), pharmacy access (84%), feeling a part of the City (84%), financial institution access (85%). jail access (76%), homeless shelter access (78%), parking or bus fare (68%), library card (67%) and City recreation facility access (61%). The survey is an incomplete sampling of the Iowa City community but does indicate a strong demand within the Latino and Sudanese communities for the issuance of a municipal identification card. Report. op. 8, 78-81. Staff notes that with the exception of identification required by the police and library cards, access to the City services identified by survey respondents (utility accounts, parking or bus fare, and recreation facility access) are all available without the need for photo identification. In this regard, the Report notes that "it is important to recognize that the CID has the potential to also create barriers for some residents if the CID becomes a requirement to access City services." Report. D. 13. Pro and Cons of Each Model: The report includes detailed information on 4 cities and 1 county that currently offer municipal identification cards. The cities are: New Haven, CT., San Francisco, CA.', Oakland, CA., and Richmond, CA. The county is Mercer County, N.J. None of the above listed locations have exactly the some program for the issuance of municipal identification cards but all can be placed into the category of city issued cards, non-profit issued cards or for -profit issued cards. City issued municipal identification cards has largely been successful in both New Haven and San Francisco. New Haven has issued over 10,000 cards and San Francisco over 19,000 since Inception. Report. op. 18-19. In both communities proponents of a municipal identification card cited a concern that criminals targeted immigrants for theft because immigrants had difficulty opening bank accounts and as a result carried large amounts of cash. Due to immigration status or an uneasiness with interaction with law enforcement victims of crime often would not report the crime to law enforcement for prosecution. Report. po. 18-21. New Haven reports that after 5 years of issuing municipal identification cards there have been significant increases in crime reporting and a drop in crimes commifted. Report. D. 15. The municipal identification cards issued in both New Haven and San Francisco can be used to access city services and at local lending institutions and businesses that chose to accept the identification. For example, the cardholder has the option of using the card to open bank accounts and cash checks which provides a much broader appeal to cardholders because of the multiple uses for the card. There are disadvantages to a city issued municipal identification card. The first is cost. As mentioned, New Haven was able to use donated funds and grants to implement the program while San Francisco spent a considerable amount of its general fund to initiate the program and ' The City of San Frandsoo and San Frandsoo County are a consolidated governmental entity January 23, 2014 Page 3 continues to spend large amounts annually for the continuation and maintenance of the program. Report op. 1541. The second is concern about whether applicant information would be a public record under Iowa law. Finally, some of the services identified by survey respondents are not city services (e.g., jail access) or are businesses that are located throughout the metropolitan area (e.g., pharmacies and medical services). In Mercer County the municipal identification cards are issued by a non-profit but are recognized and accepted by local city and county authorities. Report. P. 21. An advantage to a non-profit issuing the card is that it makes the card more accessible to all in a community. in Mercer County law enforcement worked alongside a non-profit in establishing what could verify an applicant's identity and residency. An additional benefit to a non-profit issued card is that it truly is a community card and not just a municipal identification card. In Mercer County the card may be presented for ambulance and medical services as well as for recreation and library services at the city and county level. The card in Mercer County is also recognized by city police and county sheriff officers. Report. oo. 22 24. The downside to the Mercer County card is that is does not currently serve as a primary source to open a bank account or provide an ATM/Debit/Credlt function. In the for -profit model Oakland and Richmond license their names to a for -profit entity that then handles all the details of issuing and maintaining the cards. The cities incur no costs as a result. Report. o. 24. Because partnering with a for -profit is a relatively newer model it can come with some undesired consequences depending on the services delivered by the card. For example, if the card allows holders to use it as a debit/credit card then the documentation one must produce for issuance of the card are much higher than what would be required for a card used just for identification purposes or to access city services. The higher documentation is a result of the regulations and policies that banking institutions must follow and as a result cannot be altered by the for -profit or the municipality. Report. D. 26.2 In addition to the higher tier of documentation required to issue the card, the debit/credit functions of the card also has costly service fees to the holder and provide little protection against loss of funds to the holder from human error or theft. Id. The Report provides a good summary of the pros and cons of the different models, stating as follows: A. If the City wishes to maximize the services and benefits provided by a Community Identification Card then the City itself should issue the card. B. If the City wishes to prioritize all local residents having access to a Community Identification Card then it should recognize a non-profit issued card. C, If the City wishes to minimize expenditures then it should recognize a non-profit or for -profit issued card. D. If the City wishes to maximize the security of cardholders' information then it may chose to recognize a community identification card from a non-profit or for -profit provider .3 Recommendation: If the City Council wishes to pursue this endeavor further, then staff would recommend the Mercer County, New Jersey Model. This model allows for a non-profit to issue what would be termed a community identification card (also referenced as "CID") and the card would be recognized by the City as a lawful forth of identification and to access City services. In this model the City would not issue the card; however, it may need to seed funds to the non-profit to cover the costs of labor, production and materials. 2 This would be true whether the card was issued by a municlpality, non-profit or for -profit where the card also provides any banking type services such as a debWoredk card or to open a bank account. 3 Report. op. 45.51. January 23, 2014 Page 4 There are several benefits to this approach. The community identification card applicant does not necessarily need to demonstrate valid immigration status or produce difficult -to -obtain documents. Report, P. 1. A community identification card would be a more accessible form of identification for vulnerable populations, including those that may be homeless. Report. p.4 4 This model prioritizes all residents to have equal access within our community to the wide range of City services and provides a bridge between community members and law enforcement with the added appeal of being expanded to include other services within the entire community. Report, pp. 21 & 49, The non-profit model truly allows for the community identification card to be a card of the community. Non -profits do not have the jurisdictional boundaries a city is inherently bound by, non -profits often serve all in a countywide area and by this are able to serve a larger population which could allow a community card to be more widely accepted. The community members that were surveyed by Professor Elias and the students cite many benefits to community identification cards that extend beyond City services, such as pharmacy access, jail access and homeless shelter access. Based on the survey results a community card that would be recognized by other government entities in Johnson County, educational institutions, health care providers and businesses would maximize the many needs a holder may have for a community identification card. A non-profit issuing the card allows for the card to meet more needs and services as well as be accessible to more in the community. The non-profit approach also reduces the risk of an applicant's personal information being subject to a request for disclosure under Iowa's public records law. This is an important factor in encouraging all members of the community to feel comfortable in applying for the card. The Report notes that each of the communities that introduced a CID had developed a clearly defined protocol for CID use in the course of law enforcement operations. Report p.47. Such a protocol would have to be developed in Iowa City and would require a review of the criteria used to Issue the cards and a review of the Meng County law enforcement practices. Although staff believes the non-profit approach would meet the needs and objectives of the original recommendation to the City Council by the Human Rights Commission and supported by the Ad Hoc Diversity Committee, it does have the potential to limit a holder's ability to use it as a form of identification to open bank accounts or use as a debWcredit card. City staff, the non-profit selected and area banks would need to further discuss this matter to determine whether it would be viable in this community. However, it should be noted that using the community identification card to utilize City services such as recreation, libraries, utilities or transit currently do not and would not involve any higher fees to a card holder or higher tier of documentation. Other details that would need to be fleshed out if the City Council approves the recommendation is the selection process for the non-profit who would issue the cards. Qualities would include but not be limited to objective analysis, good record keeping, strong administrative track record and good standing in the community. The Report notes that as with any identification document there is a strong risk that unscrupulous persons would attempt to obtain a card fraudulently and that other communities with CIDs have taken a variety of measures to ensure that cards cannot be obtained fraudulently. Report, o. 47. The City, and likely any other party choosing to recognize the CID, would need assurances that sufficient security measures were in place. The findings of the report do not indicate any barriers to the implementation of a community identification card based on state or federal law. The documents required for issuance of a card are going to vary largely based on the services the card provides the user. The details of what 4 An affidavit from social service agency, faith based oigenbMions or hospftal oould be used to establish a person's Identity, RepjA D.2 . January 23, 2014 Page 5 would be required would need to be an engagement between communities as well as local law enforcement agencies to be recognized and accepted as a valid form of Identification as they were in Mercer County. This recommendation and following report are intended to provide and inform any decision selected by the City Council on the issuance of municipal identification cards. It would be beneficial for this recommendation and report to be sent to the Human Rights Commission for review and comment in the near future. CC w/o endo.: Stella Burch Elias, Professor of Law Eleanor M. Dilkes, City Attorney Rick Wyss, Police Captain Sue Dulek, 1 st Assistant City Attorney Human Rights Commission An Iowa City Community Identification Card A Report for the City of Iowa City on the Feasibility of Implementing a Community Identification Card Program Eren Fleck Jordan Moody THE UNIVERSITY OF IOWA COLLEGE OF LAW 2E LIP ADVANCED IMMIGRATION LAW $ POLICY I. ADOUTTHIsREPORT This report was commissioned by Iowa City staff currently tasked with investigating whether a community identification card program is feasible in Iowa City. On December 18, 2012, the Iowa City Human Rights Commission recommended that the City implement a community identification card program with the goal of protecting the safety of undocumented persons in Iowa City. In response to this recommendation, the City resolved to investigate this proposal. Students in the University of Iowa College of Law Advanced Immigration Law and Policy seminar, working under the supervision of Professor Stella Burch Elias, prepared this report to assist the City staff in their research and deliberations. Law students Eren Fleck and Jordan Moody are the lead authors of this report. Fellow law students in the Advanced Immigration Law and Policy seminar, Sam Aden, Andrew Giller, Seth Goertz, Julie Mehta, Steven Postolka, Kate Ono Rahel, Justin Shilhanek, and Dean Treftz also contributed to this report. II. ACKNOWLEDGEMENTS To ascertain the demand in Iowa City for a community identification card and the needs of the community, the authors worked with community groups to survey residents of Iowa City. The authors initially met with representatives from the Center for Worker Justice, the Iowa City Human Rights Commission, and the Consultation of Religious Communities to gauge community demand and hone in on what benefits community members would want a community identification card to provide. Then members from the Center for Worker Justice provided invaluable assistance in surveying 233 local residents to gauge demand and prioritize the benefits community members hope a CID might provide. In addition, the authors met with Frederick Newell of the Dream Center and Linda Kopping of the Senior Center who provided thoughtful input on how a community identification card would impact members of their organizations. To compile examples of other community identification card programs in the United States, the authors interviewed representatives from other cities or organizations that currently run a community identification card program. The authors spoke with Ms. Ana Nieves Winn from New Haven, Connecticut; Ms. Jennifer Hong from San Francisco, California; Ms. Maria Juega from the Latin American Legal Defense and Education Fund of Trenton, New Jersey; Ms. LaShonda Wilson from Richmond, California; Mr. Arturo Sanchez from Oakland, California; and Professor Paula Cruz Takash of SF Global, a for -profit supplier of community identification cards. Table of Contents I. ABOUTTHISREPORT............................................................................................................................ ii II. AcKNoWLEDGEMENTS.......................................................................................................................... II III. INTRODUCTION -WHAT IS A COMMUNITY IDENTIFICATION CARD? .......................................................1 IV. EXECUTIVE SUMMARY .... ....................................................................................................................... 3 V. DEMAND FOR A COMMUNITY IDENTIFICATION CARD IN IOWA CITY ....................................................... 6 VI. BENEFITS OF A COMMUNITY IDENTIFICATION CARD PROGRAM 1N IOWA CITY ........................................ 8 A. Benefits Beyond Iowa Non -operator's Identification Card ..................................................... 9 B. A Community Identification Card MY Provide Benefits to Residents Beyond the City's CurrentPolicy to Recognize All Governments'Photo Identification Documents...............11 C Survey Ranking of Benefits and Services Provided by a Community Identification Card in IowaCity .......................................................................................................................................12 D. Potential for a Community Identification to Create Barriers to Accessing Community Services.........................................................................................................................................13 VII. EXAMPLES OF OTHER COMMUNITY IDENTIFICATION CARD PROGRAMS IN THE UNITED STATES.............14 A. City -issued Community Identification Card Programs..........................................................15 I. New Haven, Connecticut.......................................................................................................16 It. San Francisco, California...................................................................................................... 18 B. Non -profit -issued Community Identification Cards Recognized by Local Government .... 21 1. Mercer County, New Jersey.................................................................................................. 22 C. For -profit -issued Community Identification Cards Recognized by Local Government..... 24 1. Oakland, California................................................................................................................ 24 it. Richmond, California............................................................................................................ 27 VIIL LEGAL ISSUES AND ANALYSIS............................................................................................................... 28 A. Community Identification Cards Are Permitted Under Federal Law ................................... 28 1. Community identification cards are not preempted by federal law ............................ 28 U. The REAL 1D Act does not prohibit the City from issuing a community identification card........................................................................................................................................... 29 B. Community Identification Cards are Permitted Under Iowa Law ........................................ 30 1. Community identification cards are not expressly preempted by state law .............. 32 it. Community identification cards are not impliedly preempted by Iowa law .............. 35 tm iii. Community identification cards are not field preempted by Iowa law ....................... 38 C. Safeguarding City Residents' Private Information Under Federal Laws ............................ 38 I. The City need not maintain immigration information................................................... 40 A. The 278(g) Program does not give the federal government access to community Identification card applicant information........................................................................ 40 iii. Secure Communities does not give the federal government access to community identification card applicant information........................................................................ 41 * Safeguarding City Residents'Private Information Under Iowa Open Records Laws........ 41 I. City4ssued community identification card.......................................................................42 ii. City -recognized community identification card..............................................................44 D. Local Law Enforcement Use of Community Identification Cards ......................................... 45 IX. RECOMMENDATIONS............................................................................................................................48 A. If the City Wishes to Maximize the Services and Benefits Provided by a Community Identification Card Then the City Itself Should Issue the Card ............................................. 48 B. If the City Wishes to Prioritize Ali Residents Have Access to a Community Identification Card Then it Should Recognize a Non -Profit Issued Card ...................................................... 49 C. If the City Wishes to Minimize Expenditures Then it Should Recognize a Non Profit or For -Profit Issued Card................................................................................................................ 50 D. If the City Wishes to Maximize the Security of Cardholders' Information Then it May Chose to Recognize a Community Identification Card from a Non -Profit or For -Profit Provider........................................................................................................................................ 50 APPENDIX A: NEW HAVEN QUESTIONNAIRE AND RESPONSES................................................................................52 APPENDIX B: SAN FRANCISCO QUESTIONNAIRE AND RESPONSES............................................................................ 56 APPENDIX C: MERCER COUNTY, NEW JERSEY QUESTIONNAIRE AND RESPONSES ............................... I....................... 59 APPENDIX D: RICHMOND QUESTIONNAIRE AND RESPONSES.................................................................................. 66 APPENDIX E: OAKLAND QUESTIONNAIRE AND RESPONSES..................................................................................... 71 APPENDIX F: SF GLOBAL MEMORANDUM.......................................................................................................... 74 APPENDIX G: EXAMPLE OF COMMUNITY IDENTIFICATION CARD SURVEY.................................................................. 76 APPENDIX H: RESULTS FROM COMMUNITY IDENTIFICATION CARD SURVEY.............................................................. 78 APPENDIX I: MEMORANDUM OF INTERVIEW WITH FREDERICK NEWELL................................................................... 82 APPENDIX J: MEMORANDUM OF INTERVIEW WITH LINDA KOPPING........................................................................ 84 iv III. INTRODUCTION —WHAT IS A COMMUNITY IDENTIFICATION CARD? A valid form of identification is a crucial part of daily life. When an individual needs to open a bank account, cash a check, travel on an airplane, sign a lease, obtain a job,' obtain certain behind the counter medicines,2 obtain a library card,' create a utility account, or interact with police she often must present valid identification —typically a valid passport, driver's license, or non -operator's identification card. However, a significant number of individuals may lack a valid form identification. An individual may lack valid identification because she does not have valid immigration status, is young or old, is poor, is homeless, has suffered loss because of natural disaster, is transgender, or has escaped a domestic violence situation ° As a result of any of these life circumstances, individuals without valid identification cannot access crucial services both in the private and public sectors Cities have the ability to issue or recognize a community identification card to help individuals who lack valid identification. A community identification card (CID) is somewhat like a state -issued identification card but on a much smaller scale. However, unlike a state -issued identification card, an applicant for a CID does not necessarily need to demonstrate valid immigration status or produce difficult -to -obtain documents a Therefore, the primary benefit of a CID is that it is a more accessible form of identification. Currently, cities such as New Haven, Connecticut; Trenton, New Jersey; Oakland, California; and San Francisco, California, have successful CID programs and Richmond, California, is in the process of implementing its program. All of these CID programs aim to address the unmet needs of immigrant communities by helping immigrants obtain photo identification that can be used to access city services, access financial institutions, and obtain the assistance of police' 1 Why do I need an ID?, Cm oFNEW YORK, http://www.nyc.gov/html/id/html/why/why.shtml (last visited Nov. 23, 2013). 2 Legal Requirements for the Sale and Purchase of Drug Products Containing Pseudoephedrine, Ephedrine, and Phenylpropanolamine, U.S. FOOD& DRUG ADMIN. (Jul. 15, 2009), http://www.fda.gov/drugs/drugsafetV/information byd rugclass/ucmO72423.htm. a IOWA CrTY Pus. LIBRARY, Getting a Card, http://www.icpl.org/my-card/getting-a-card.php (last visited Nov. 23, 2013). ° See Infra Part III. 5 See Infro Part IV. See infra Part IV. 7 JUNTA FOR PROGRESSIVE ACTION, INC. & UNIDAD LATINA EN ACCON, A CITYTO MODEL: SIX PROPOSALS FOR PROTECTING PUBLIC SAFETY AND IMPROVING RELATIONSHIPS BETWEEN IMMIGRANT COMMUNITIES AND THE CITY OF NEW HAVEN (2005) available at However, in addition to helping immigrant communities, CIDs can provide services to the community at -large. For example, in Oakland, California, the CID serves as a bank card and can work as a debit card to pay for parking.$ In San Francisco, California, the CID functions as a library card and the city has contracted with financial institutions to ensure the CID is accepted for banking purposes. Therefore, a CID can be an important tool for a wide range of community members to access both civic and private sector services. http://www.cityofnewhaven.com/pdf whatsnew/A City_to_Model_New%2OHaven.pdf,, Lois Rogers, Community ID cards offer dignity, security to local residents, THE MONITER, JUL 19, 2010, http://www.trentonmanitor.com/Main.asp?SectionlD=5&SubSectionID=42&Article1D=1174; See also infra Part V. 8 See infra Part V. 2 IV. EXECUTIVE SUMMARY New Haven, Connecticut, has the longest running community identification card (CID) program in the United States and the program has proven to be a success and has provided numerous benefits to residents and the city itself. Most notably, there has been an increase in crime reporting and a decrease in crime in the city.9 Cardholders have been able to secure numerous benefits including: a creation of a sense of community belonging for all residents regardless of immigration status, access to financial services at a local bank particularly for immigrants without documentation who had been targeted as "walking ATMs;' supported the local economy, more easily access police of help and to report a crime, access city services, and assist recently released prisoners re -integrate into the community.la Other cities have since followed New Haven's example and have implemented CID programs by a variety of methods, all with positive results in the community. City of Iowa City staff now seeks to learn more about whether a program similar to New Haven's could be implemented locally. In this Report, we seek to answer the City's questions regarding the feasibility of implementing a CID program. In particular, the City asked us to try to: (1) quantify the demand for a CID in Iowa City, (ii) examine the benefits a CID might provide to residents above and beyond other programs currently available, (iii) provide an account of other cities' CID programs to inform the City about the practical implementation of such a program, (iv) evaluate whether state or federal laws implicated by a CID prevent the City from acting, (v) examine whether state or federal laws would allow third -parties to access to cardholder information held by the City, and (vi) analyze whether a CID could be used by Iowa City Police in the course of their duties. We have investigated each of these areas of concern and have included our answers in this Report along with several recommendations for the City. More specifically, in Part V of this Report, we explore whether there is a demand for a CID program in Iowa City. To gauge this demand, we first attempt to quantify the undocumented immigrant population in Iowa City as this demographic is expected to have a high need for a CID program. We were unable (for self-evident reasons) to determine the exact number of undocumented immigrants in Iowa City but were able to determine that in 2010 approximately 7,000 residents of Iowa City are foreign -born. To further explore the demand in Iowa City, we distributed 233 surveys to local community members11 and found that ninety percent of survey respondents indicated they would use a CID in Iowa City if given the opportunity. 95ee infra Part VII.A.i. 10 5ee infra Part VI I.A.I. 11 Because the survey was conducted anonymously, we are unable to quantify exactly how many of the respondents are resident within Iowa City or elsewhere in Johnson County, but our understanding is that the majority of respondents live within the City's boundaries. In Part VI of this Report, we discuss the benefits a CID program in Iowa City might provide. We first conclude in Part VLA that a CID could provide benefits to Iowa City residents beyond those currently provided by the Iowa Department of Transportation non -operators' identification cards because a CID could be a more accessible form of identification for undocumented immigrants and other vulnerable populations including the homeless. We then conclude in Part VI.B that a CID program will provide benefits to residents beyond the City's current policy to recognize other governments' identity documents because there appear to be many individuals in Iowa City who either do not have government identity documents to present or who are extremely reluctant to produce foreign identity documents for fear of encountering discrimination or questions about their immigration status. We then discuss in Part VI.0 how survey respondents ranked the benefits a CID could provide. Finally, we note in Part VI.D that a CID program in Iowa City, in addition to offering many benefits also has the potential to create barriers to accessing community services if the card becomes a requirement. In Part VII of this Report, we provide examples of other CID programs in the United States. We discuss the programs in New Haven, Connecticut; San Francisco, California; Mercer County, New Jersey; Oakland, California; and Richmond, California. We found that New Haven and San Francisco had similar program models in that the city governments of each city directly issue the card to residents. The program in Mercer County is unique because a coalition of non- profits and government representatives came together to create the CID program and the community groups issue the CID while local governments recognize it as a valid form of identification. The programs in Oakland and Richmond are similar to each other and each city works with the same for -profit provider. Each city licenses out its name and then the for -profit provider manages and creates the card. For each city, we include information about start-up costs, basic procedures used to issue the card, benefits offered, and community responses. In Part VIII of this Report, we discuss some of the legal issues involved if the City chosen to issue or recognize a CID. In Part VIII.A we conclude that a CID program is permitted under federal law. To reach this conclusion we examine federal preemption law and the REAL ID Act. In Part VIII.B we conclude that a CID program is permitted under Iowa law. To reach this conclusion we examine current state statutory and common law governing state express and implied preemption of local power. In Part VIII.0 of this Report, we conclude that if the City choses to administer a CID program directly, it may be able to protect the cardholder information that it keeps on file from public records requests under state and federal law. We advise, however, that if the City choses to directly issue a CID to the community that it keeps only limited information on file and does not ask for any immigration -related information from applicants, to further protect the identity of the applicants. Finally, in Part MILD we briefly discuss whether the Iowa City Police Department could use a CID as part of the process of obtaining a search or arrest warrant and what the implications might be for the City if a City - issued CID were fraudulently obtained and used. Finally, Part IX provides for our recommendations it the City moves forward with either issuing or recognizing a CID. First, we recommend that the City further investigates the demand and needs of the community so that a CID program in Iowa City would respond to the unique El needs of Iowa City residents. After engaging in this fact finding, we recommend that (1) if the City wishes to maximize the services and benefits provided by a CID then the City itself should issue the card, (2) if the City wishes to prioritize the accessibility of the card to all residents then it should recognize a non-profit Issued CID, which could potentially be launched in Iowa City and then expanded to other parts of Johnson County, (3) if the City wishes to minimize its expenditures on a CID program then it should recognize a non-profit issued or for -profit issued card, and (4) if the City wishes to maximize the security of cardholder information and to limit its potential legal liabilities then it may choose to recognize a non -profit -issued or for -profit - issued CID. 5 V. DEMAND FORACOMMUNITYIDENTIFICATIONCARD INIOWACITY In this section, we attempt to quantify possible demand for a CID in Iowa City. To that, we have attempted to obtain a reliable estimate of the size of the immigrant population in Iowa City and gathered survey information from 233 local community members.12 A CID would likely be helpful to immigrant populations in Iowa City and this demographic of the population would likely use a CID. for example, in Mercer County, New Jersey, immigrants have embraced using the CID and nine out of every ten cardholders are not U.S. citizens.13 Additionally, all programs surveyed for this Report indicated that each program started, in large part, to meet the needs of underserved immigrant communities 14 Unfortunately, it is difficult to calculate how many immigrants in Iowa City need a CID. In 2010, the U.S. Census Bureau reported that ten percent of Iowa City's population is foreign born —approximately 7,000 people.15This calculation, however, does not indicate immigration status of the foreign born individuals counted or give an idea of the number of these who do not have adequate identity documentation. Even so, the survey results suggest that demand for a CID in Iowa City could be significant. With the assistance of members of the Center for Worker Justice, the authors created a survey to gauge the community's demand for a CID program in Iowa City. The survey was distributed in larger part to members of Saint Patrick's Church, the Sudanese community, and the Latino community over the span of two weeks in October 2013. Although this survey is an incomplete sampling of the Iowa City community as a whole, it does indicate a strong demand in the Latino and Sudanese community for a CID. Ninety percent of survey respondents said that they would use a CID if given the option. Below is a chart showing the survey respondents demand for a CID in Iowa City. 12 As noted above, because the survey was conducted anonymously, we were unable to quantify exactly how many of the respondents were resident within Iowa City or elsewhere in Johnson County, but our understanding is that the majority of respondents lived within the City's boundaries. 11 See infra Part VII. 14 See infra Part VI I. is State & County QUfckFacts; Iowa City (city), Iowa, U.S. CENSUS BUREAU, http://quickfacts.census.gov/qfd/states/19/1938595.html (last visited Nov.19, 2013). E] Demand for a Community Idertification Card ■Yes, d would use a CID No, I wou Id not use a CID ■ ND respons Additionally, depending on the services provided, the CID has the potential to be a civic staple in the community. For example, if community members can use a CID to access the library, pay bus fare, pay for parking, or access recreation facilities then demand will likely increase as the card will be more useful to a wider range of community residents. 7 V1. BENEFITS OF A COMMUNITY IDENTIFICATION CARD PROGRAM IN IOWA CITY A valid form of identification is a crucial tool for accessing some of the most basic public and private sector services. For example, a valid form of identification may be required to secure employment, cash a check, open a bank account, rent a home or apartment, attend colleges or universities, travel on an airplane, obtain public benefits, gain access to government buildings, use public libraries, and use recreation facilities.16In addition, all current CID programs surveyed for this Report recognized that adequate identity documentation is important to ensure public safety and crime reporting.17 In a discussion with representatives of the Center for Worker Justice, the Iowa City Human Rights Commission, Immigrant Justice Center, and the Consultation of Religious Communities, the authors identified the following areas of concern for those without adequate identity documentation: interactions with Iowa City police including the ability to report crimes without fear of negative consequences for failure to have adequate identity documents, access to pharmacy services, access to medical services including emergency services, creation of a utility account, access to county jail facilities to visit friends and family, access to the home shelter, and access to public library and city recreation facilities.18 As evidenced by the experience of other CID programs in the United States, a CID recognized on a city- or county -wide level cannot provide the same access to services that a state or federal identification document can.19 First and foremost, a CID only has authority as a recognized document within the boundaries of the city or county recognizing the CID20 In addition, financial institutions will not automatically nor necessarily recognize a CID as a valid form of identification and government bodies issuing or recognizing a CID must take affirmative steps to ensure local financial institutions recognize the CID as valid. 1 Finally, a CID will not function as a form of identification where federal law sets requirements —such as for entering a federal building or boarding an airplane under federal regulation. In addition, a CID does not take the place of other forms of documentation and does not gram a cardholder a license to drive or the right to vote. '0 Why do I need on ID?, CITY Or NEWYORK, http://www.nyc.gov/html/id/html/why/why.shtml (last visited Nov.17, 2013). "See infra Part VII. Is Authors meeting with Charlie Eastham, Diane Finnerty, Kelly O'Brien, Hillary Moise, Marcela Hurtado, Misty Rebik, Robin Clark -Bennett, on August 30, 2013. 19 See Infra Part VI for a discussion of the successes and limitations of the CID programs in New Haven, Connecticut; San Francisco, California; Mercer County, New Jersey; Oakland, California; and Richmond, California. 20 See infra Part VI I. 21 See infra Part VI I. In this section, we further explore the benefits a CID in Iowa City might provide the community. To that end, we discuss (1) the benefits a CID could provide beyond those provided by an Iowa non -operator's identification card, (2) the benefits a CID could provide beyond the City's current policy to recognize all governments' photo identification documents, (3) the community survey rankings of the possible benefits a CID could provide, and (4) the possibility that a CID in Iowa City could actually create barriers in addition to benefits. A. Benefits Beyond Iowa Non -operator's Identification Card An Iowa City -recognized or -issued CID would provide a service beyond that provided by an Iowa Department of Transportation (DOT) non -operator's identification (ID) card. Currently, an applicant for a non -operator's ID must present adequate documentation to prove date of birth, identity, lawful presence in the United States, social security number, and residency in Iowa 22 To prove lawful presence in the United States a citizen must provide proof of citizenship while a non -citizen must show current immigration status by presenting proof of lawful permanent resident status or other valid and current immigration statuS.23 For an immigrant without current lawful status, there are two insurmountable barriers to obtaining an Iowa non -operator's ID: proof of lawful status and proof of social security number. First, if an immigrant does not have current immigration status then she will not be able to provide proof of current immigration status. Second, to obtain a social security number, an applicant must be able to show lawful current immigration status.24 Therefore, both prerequisites to obtaining an Iowa non -operator's ID are Inaccessible to an individual without current lawful immigration status. U.S. citizens may also have difficulty obtaining a non -operator's ID for failure to have adequate identity documentation. For example, 'individuals who have lost key required documents due to hardships such as natural disaster may not be able to obtain a non - operator's ID.25 Others may never have had appropriate documentation in the first place and will face difficulty obtaining an Iowa non -operator's ID.26 22 IOWA DEPT, OF TRANSP., IOWA DLAND ID CARDS: LISETHIS CHECKLIST BEFORE YOU APPLY FOR A DRIVER'S LICENSE (DL) OR IDENTIFICATION (ID) CARD (2013), available at https://forms.lowadot.gov/FormsMgt/External/431053.pdf. 23 Id. 24 Learn What Documents You Need: Original Card for a Noncitizen Adult, SOC. SECURITY ADMIN., http://www.ssa.gov/ssnumber/ss5doc.htm (last visited Nov.17, 2013). 755ee William Petroskl, Iowa to adopt controversial driver's license program, DES MOINES REGISTER, Jan. 3, 2013, h ttp://www.des mo In es registe r.co m/a rticle/20130103/N E W S/301030041/. 2e Id. M U,S, citizens may also be unable to provide adequate proof of citizenship to obtain a non -operator's ID. In 2007, the Brennan Center for Justice found that approximately seven percent (7%) of U.S. citizens do not have access to documents to prove citizenship status 27 Women, individuals with low incomes, the elderly, and people of color fail to have adequate documentation of citizenship more frequently than others.' In addition, the City of Richmond, California, in creating its CID program recognized that adult survivors of domestic violence, transgender individuals, children, students, and runaway youth also more often fail to have adequate documentation.2'9 As the documentary requirements of a CID program approach the same level of requirements of something like a non -operator's ID, the program's ability to provide a valid form of identification to vulnerable populations is undercut.30 For example, in Mercer County, New Jersey, homeless individuals were initially not able to meet the program's requirements to obtain a CID .31 In response to this difficulty, the program implemented a policy to honor affidavits from community and faith -based organizations to issue a CID to a community member, 32 While San Francisco and New Haven require a more stringent level of documentation than Mercer County to issue a CID.33 In and Oakland, California the documentation requirements are restricted by federal banking laws (because the CID functions as a debit card) and more applicants encounter barriers to obtaining a CID because of these higher standards.34Therefore, depending on the documentary requirements to obtain a CID in Iowa City, the card may be inaccessible to vulnerable populations. 17 W ENDY R. WEISER & MYRNA PEREz, BRENNAN CENTER FOR JUSTICE, STATEMENT CONCERNING THE REAL ID OF 2005 ( 2007) available at http://www.brennancenter.org/sites/default/files/legacy/d/download_file_48288,pdf. 2s Id. 29 RICHMOND, CA., ORDINANCE 16-11 N.S. (Jul. 19, 2011), available at http://www.cf.richmond.ca.us/DocuMentCenter/Viewl24632. 30 Chip Johnson, How Oakland fouled up ID card plan, SF Gate, Mar. 21, 2013, http://www.sfgate.com/baya rea/Johnson/article/Haw-Oakland-fouled-up-ID-card-plan-4374916.ph p. 31 See infra Appendix E. 33 See Infra Appendix E. 33 See infra Part VI I.A. 34 See infra Part VII.C. 10 B. A Community Identification Card Will Provide Benefits to Residents Beyond the City's Current Policy to Recognize All Governments' Photo Identrj%ation Documents A CID recognized or issued by the City could provide access to benefits beyond the City's current policy. Iowa City staff currently follow an administrative regulation that instructs all City staff shall accept a government issued photo identification from U.S, or foreign government authority where "presentation of an Iowa driver's license is customarily accepted as adequate evidence of identity for the purpose of obtaining city services in Iowa City:'35 This policy also instructs that city personnel, including police officers with the Iowa City Police Department, "shall not subject the person presenting the document to a higher level of scrutiny or different treatment than if the person has provided an Iowa driver's license."35 Unfortunately, there may be individuals in Iowa City who do not have any valid form of government -issued photo identification and cannot take advantage of the City's policy. As noted above in Part VI.A, both citizens and non -citizens alike may not have access to any form of government issued identification. Moreover, anecdotal evidence suggests that immigrants in possession of foreign -government -issued identification cards and passports are extremely reluctant to produce them for City officials or private sector entities out of fear that these foreign identification documents will be used as per se evidence of alienage and therefore undocumented immigrant status. Therefore, a CID has the potential to fill this identification gap for particularly vulnerable populations. The City's current policy only ensures that the City itself recognizes alternative documentation and does not necessarily ensure that the private sector will recognize other governments' identification documents. If the City worked with local financial institutions, a CID could potentially function as either a primary or secondary source of identification to create bank accounts.37 Additionally, a CID could provide identification to emergency personnel, medical service providers, pharmacies, and stores where additional ID is required to make a purchase.38 35 CITY OF IowA CTY, ACCEPTABLE IDENTIFICATION FOR CRY SERVICES, available at http://www.lcgov.org/site/CMSv2/flle/empRes/policies/P hoto_ID_signed,pdf. 36 Id. 37 See infra Parts VILA & VII.B. 39 The Mercer County Area Community ID Card, LATIN AM. LEGAL DEFENSE AND EDUC. FUND, http://www.laldef.org/laidef_english_verslon/assets/pdfs/Mercer%20ID%2OCard%20fact%20sheet-eng.pdf (last visited on Nov.17, 2013). 11 The City's current policy still requires presentation of government -issued identity documents to police. As previously discussed, some community members will not have any form of government -issued identification to present, or are too afraid to provide foreign - government -issued identification to police. Therefore, these community members may feel reluctant to approach police to report crimes or request assistance. All other CID programs discussed in this Report aimed to encourage all individuals in a community feel safe to request assistance from the police via their CID programs 39 In fact, New Haven reported that five years after the inauguration of its CID program, crime reporting had significantly increased.40 C. Survey Ranking of Benefits and Services Provided by a Community Identification Card in Iowa City To gauge what benefits Iowa City residents would like a CID to provide, 233 community members were surveyed over the span of approximately two weeks in October 2013. Appendix G of this Report is an example of the survey distributed. Respondents completed the survey in English or Spanish. The survey asked respondents to rank the prospective benefits of a CID in Iowa City on a scale from "not important" to "important" to "very important," Appendix H details the results to each question. These survey results, while not complete, do indicate there is demand in the community for a CID. Below is a chart showing the 233 respondent's ranking of each potential category of service. Ranking at Importance of BenefitsandServices Provided bye community Identification Ged In Iowa City 15] 219 lm' 195 205 202 195 197 176 176 259 357 LED142 100 56 52' 49 L7 5: 34 29 so 95 31 20 �19 19 6 9 1 D 1 a 1 3 0 112 IL 9 2 9 11 3 k Phamecy I— me,rlw�l Lltai un Far MPe" a Lax Ft..axs La, Ate Wm P Ortga61E liday Cal Cay Peneatm +Yre� iecie?r[•� '+ rrya.CBY Erlfmr*en wkkomt Shmr ae� Fee Fr-�nVAt:� a cess Aam Nff rynam tvl owt oymimpmm •FrcreWe The findings from the survey reveal that community members prioritize interactions with law enforcement above all other possible benefits a CID might provide. Ninety-four 39 See infra Part VII. °A See infra Part VII.A.i. 12 percent (94%) of survey respondents answered that they felt it was very important that a CID function as an acceptable form of identification to present to law enforcement. Next, respondents prioritized the ability to use a CID to create a utility account (including an Iowa City utility account) and to access medical services: eighty-seven percent (87%) answered that it was very important for them to be able to use a CID for these purposes. Eighty-five percent (85%) of respondents answered that it was very important to them that a CID would provide access to bank or credit union services such as account creation. Respondents then prioritized access to pharmacy services and feeling part of a city: eighty-four percent (84%) of respondents answered that these benefits were very important to them. Seventy-six percent (76%) of respondents answered that access to the homeless shelter and the county jail was very important to them. Only sixty-eight percent (68%) of respondents answered that using a CID to pay for parking or bus fare was very important. In addition, only sixty-seven percent (67%) of respondents reported that it was very important to them to use a CID to access library services. Last, only sixty-one percent (61%) of survey respondents reported that it was very important to them that a CID provide access to recreation services. D, Potential for a Community IdentUlcation to Create Barriers to Accessing Community Services Despite all the potential benefits of a CID program in Iowa City, it is important to recognize that the CID has the potential to also create barriers for some residents if the CID becomes a requirement to access city services. For example, Frederick Newell of the Dream Center noted that if a CID were required to access basic services like recreation facilities many youth might incapable of accessing such an excellent community resource.41 Ultimately, Mr. Newell raises the concern that if a CID were required to access basic civic services at all times it could itself become a barrier to access for some community members. 41 See infra Appendix L. 13 VII. EXAMPLES OF OTHER COMMUNITY IDENTIFICATION CARD PROGRAMS IN THE UNITED STATES Each city that currently offers or recognizes a CID has combined the cards' services differently depending on community demands and the needs of the community and city. For example, in Mercer County, New Jersey, the CID program emphasizes good relationships between the community and law enforcement above all other considerations while Oakland, California, emphasizes the financial aspect of the card. Each of these programs responds to the needs of each unique community. In the following section, we will give an overview of the programs in San Francisco, California; New Haven, Connecticut; Mercer County, New Jersey; Richmond, California; and Oakland, California. We have grouped each of these CID programs into three different model program styles: (1) city -issued community identification card programs, (2) non-profit issued community identification card programs recognized by local government, and (3) for -profit issued community identification card programs recognized by local government. In large part the information included in this section is the result of contacting various city officials to complete a questionnaire on each city's CID program. Appendix A contains the questionnaire response from New Haven, Connecticut. Appendix B contains the questionnaire response from San Francisco, California. Appendix C contains the questionnaire response from Mercer County, New Jersey. Appendix D contains the questionnaire response from Richmond, California. Appendix E contains the questionnaire response from Oakland, California. Finally, Appendix F contains the questionnaire response from SF Global, a for -profit provider of CIDs that works with Oakland and Richmond. All CID programs surveyed indicated that at initiation, proponents were primarily concerned with ensuring community members felt safe to contact police for assistance. For example, an immigrant without legal status may feel intimidated to contact the police to ask for help for fear that her immigration status will be discovered and reported to the federal government, To ensure all members of a community feel safe to contact police for help, each CID program discussed in this Report works in conjunction with either a sanctuary city ordinance42or a police order to ensure police do not investigate the immigration status of a cardholder or community member unless specific criteria are met. To further public safety concerns more generally, CID programs like the one in San Francisco also list critical medical information on the CID to ensure emergency personnel are notified. In addition to addressing public safety concerns, all CID programs have sought to ensure cardholder access to financial institutions. For example, early adopters San Francisco and New 42 For example, the San Francisco Sanctuary Ordinance "prohibits City employees from helping Immigration and Customs Enforcement (ICE) with immigration investigations or arrests unless such help is required by federal or state law or a warrant. The Ordinance is rooted in the Sanctuary Movement of the 1980's, when churches across the country provided refuge to Central Americans fleeing civil wars in their countries." Sanctuary Ordinance, CITY& COUNTY OF SAN FRANCISCo, http://sfgsa.org/index.aspx?page=1067 (last visited Nov. 24, 2013). 14 Haven partnered with banks to ensure cardholders had access to traditional financial institutions. New Haven was motivated to partner with a local bank because it found that immigrants had a hard time opening a bank account and depositing money and, as a result, had become the targets of theft. Most recently, cities such as Oakland and Richmond have moved concern for banking and commerce to the forefront by partnering with SF Global, a for -profit provider, to create CIDs that may be used as a debit card. However, consumer advocacy groups have criticized this new CID scenario for the high service fees charged to cardholders and the lack of security measures provided by traditional financial institutions. Regardless of the drawbacks, Richmond and Oakland specifically aimed to bolster the local economy by ensuring all residents had the ability to participate in local commerce. Each city surveyed reported a wide range of start-up and continuing costs. Oakland and Richmond contracted with a for -profit provider to issue their CIDs and neither city had to expend any general funds to offer the card. Still, each city expended city staff hours during contract negotiations and early implementation. In Mercer County a non-profit issued the CID and provided the initial start-up fund of $2,000. Within a month of issuing the card, the non- profit recouped all of the funds it expended at start-up and the program continues to run self - sufficiently. The Mercer County program runs entirely on volunteer labor and there are no personnel costs associated with the program. The New Haven CID program used no general city funds and instead relied on philanthropic donations and grants. Currently, New Haven city staff administer the program as part of daily responsibilities. Finally, in San Francisco, the city expended general funds at start-up totaling $828,000. The annual budget for the San Francisco CID program is $350,000, Finally, each CID program has sought to integrate basic civic services into the functionality of the card. For example, New Haven allows a cardholder to pay for parking with the CID. In Mercer County and San Francisco cardholders can access public libraries and recreation centers with their CIDs. A. City -issued Community Identification Card Programs New Haven, Connecticut, and San Francisco, California, are the first two cities to issue CIDs in the United States. These two cities represent a model whereby the city itself directly issues the CID to residents. In creating their CID programs, both cities indicated a primary concern with ensuring the safety of all community members through their CID programs. After running its program for five years, New Haven reported a significant increase in crime reporting and a drop in crimes committed. The costs to implement the New Haven and San Francisco programs are vastly different. New Haven found grant money to start its CID program at no cost to the city while San Francisco spent a significant amount of its general funds to create its program. 15 Both cities took an active role in partnering with local businesses and groups to ensure the CIDs would have a maximum benefit to cardholders. For example, San Francisco required that all businesses contracting with the city must recognize Its CID as a valid form of identification. L New Haven, Connecticut New Haven launched its CID program on July 24, 2007, and has since operated this program successfully.43 New Haven's program was the first U.S. city to offer a CID44 Since its inception, more than 10,000 cards have been issued to community members.45 ®NEW HAVEM CONNECTICUT Elm C+ry Res,& n I Corl1 JWln WQgl�no, Jr. mzhww swn •� 'i i �l lil III{III Prior to issuance of the card, proponents were concerned that criminals targeted immigrants for theft because immigrants had a difficult time opening bank accounts and consequently carried large amounts of cash 46 Therefore, access to financial institutions was a primary concern of proponents, 7 In addition, to ensure that immigrants felt safe to ask police for help, the mayor issued a police order that prevents police from asking an individual about their immigration status unless that information is relevant to an investigation.48 Cardholders have used the CID to access a wide range of services including cashing checks, opening bank accounts, accessing a food pantry, getting a bus pass, getting health 43 Thomas MacMillan, Elm City ID Cord Turns 5, NEW HAVEN INDEPENDENT, Jul. 23, 2012, http://www.newhaven independent.org/index.php/arch ives/entry/iCcard_anniversary/. 44 Id. 4s Id. 46 Id. 4] Id. 48id. 16 insurance, paying for parking at meters, as a tool in a city -run prison re-entry program for those recently released, and giving people stake in the community and a sense of belonging.49 The program started without costs to the city government and was funded by philanthropic donations and grants. In recent years, the city vital statistics office has managed the program.50 Therefore, there is no reported separate cost to run the CID program. City staff currently issues the card as just one part of their other job responsibilities. Since its beginning, the New Haven CID program has faced opponents in the community along with resounding support. At the time of its inception, the national debate over immigration was particularly hot and the CID garnered national attention.51The city faced a lawsuit from a private citizen seeking to stop the program and the federal government at one point tried to get cardholder information through a Freedom of Information Act request. However, both issues were resolved in favor of the New Haven program. Conflict over the card has died down and there have been no other issues since its early years of operation. For a community member to get a CID, they must present acceptable proof of Identity and proof of residency in New Haven.52 If the applicant presents a passport, driver's license, birth certificate (if under 16 years of age), or consular identification card then the applicant need only present this one document as proof of identity.53 However, if the applicant does not have one of these forms of identification, then she may present two of the following: a national identification card, foreign driver's license, voter registration card along with original birth certificate, military identification card along with original birth certificate, a current visa, or an individual taxpayer identification card number card issued by the IRS, 54 To demonstrate residency, an applicant must present two of the following: a utility bill, bank statement, check book, pay check, property tax statement, voter registration card, or documents issued by a social service organization.55 49Thomas MacMillan, Elm City1D Card Turns5, NEW HAVEN INDEPENDENT, Jul. 23, 2012, http://www. newhaven inde pe nd a nt.org/i n dex. p h p/arch ives/e n try/id_card_an n the rsa ry/. so See infra Appendix A. Note where no resource is cited in this section, the information conveyed derives from the information included in Appendix A of this Report. 51 Thomas MacMillan, Elm City 1D Card Turns5, NEW HAVEN INDEPENDENT (Jul. 23, 20121:28 PM)., http://www.newhaven independent.org/index.php/arch ives/entry/id_pard_an n iversary/. 52 New Haven's Elm 6'ly Resident Card: My City, My Card, CrrV of NEW HAVEN, http://www.cityofnewhaven.com/csa/newhavenresidents/ (last visited November 13, 2013). sa Id. sa Id. 55 Id. 17 To ensure the privacy of cardholder information, the city only keeps Information on file that is actually displayed on the card. The city does not keep any copies of applicants' identity and residence documents. To ensure accurate Issuance, city staff is trained to recognize valid forms of identification issued by other countries. Staff from foreign -government consulates trained city staff to recognize correct identification cards, look for the hallmarks of authentic documents, and catch fraudulent cards. City staff also use a reference book that details what each countries' identification cards look like. With this training, staff have been able to identify forged documents. In addition, the card has an embedded ultraviolet light hologram in it to protect against forgery. Ultimately, the CID has been a success. Cardholders have been able to use the CID to open bank accounts, use public transportation, create utility accounts, and cash checks.55 Assistant Chief of Police Wiz Casanova noted that, "The New Haven Resident Card has been very helpful from a law enforcement perspective. Since the card was introduced, crime reporting has increased in Fair Haven, yet there were double-digit drops in every category of crime. Overall, the card has improved interactions between police and undocumented residents, and has played an important role in building relationships and respect.i57 ii, San Francisco, California San Francisco inaugurated its CID program in January 15, 2009, and was the second U.S. city to create such a program. Notably, San Francisco was the first large U.S, city to implement a CID programs$ —the population of San Francisco is 825,86359 while the population of New Haven is 130,741.60 On the first day the card was available, lines to get a card went out the door 55 OFFICE OF THE MAYOR, New Haven Marks Fiyth Anniversary of Elm City Resident Card, City of New Haven, Connecticut, CITY OF NEW HAVEN, (July 24, 2012), http://www.cityofnewhaven.com/Mayor/Read More.asp?I D=%7B434764CS-2C6B-4BB3-8241-2CO24F621 FCI%7D. sr Id. 5a Wyatt Buchanan, S.F. supervisors approve 10 cards for residents, SF GATE, Nov.14, 2007, http://www.sfgate.com/bayarea/a rticle/S-F-supervisors-approve-I D-cards-for-resldents-3236637.ph p 59 State & County QulckFacts: San Francisco County, California, U.S. CENSUS BUREAU, http://quickfacts.census.gov/qfd/states/06/06075.htmi (last visited Nov.14, 2013). 60 State & County QuickFacts: New Haven (city), Connecticut, U.S. CENSUS BUREAU, http://quickfacts.census.gov/qfd/states/09/0952000.htmI (last visited Nov.14, 2013). 18 and people had to wait for hours to obtain one.61 Since the program's inception, the city has issued 19,000 CIDs to residents62 SAN FRANCISCO CITY I[)LARE3 uetu1MI"I umeuns�wu� 019Ei6bT6A wWY WONG MH6ATHY.RI74 A Alryp�,3~ iV,n yBF1206 e &3 p✓11Mvn A � li �I� m�Y nwur Proponents noted that the card would strengthen the community and provide marginalized individuals with better access to important resources such as banks, health care, and library books.63 Additionally, proponents were concerned with making sure marginalized individuals could report crimes without fear of negative consequences for failure to have appropriate identification 64 Notably, there was almost unanimous support for the CID in the community.65 To ensure cardholder access to financial institutions, the ordinance creating the CID required that all companies in contract with the city recognize the CID as a valid form of identification.66 Six local banks in San Francisco currently accept the CID as a primary form of 67 Heather Knight Hundreds watt for hours to buy S.F..1D card, SF GATE, Jan.16, 2009, http://www.sfgate.com/politics/article/Hundreds-wait-for-hours-to-buy-S-F-I D-card-3176276.ph p. 62 See infra Appendix B. Note where no resources Is cited In this section, the information conveyed derives from the information Included in Appendix D of this Report. 63San Francisco City ID Fact Sheet, SAN FRANCISCO IMMIGRANT LEGAL& EDuc. NErwoRK, http://www.sfimmigrentnetwork.org/pdfs/english/SFILENC!tylDCardlnfoENG.pdf (lastvisited November 13, 2013). 64 Wyatt Buchanan, S.F. supervisors approve ID cards for residents, SF GATE, Nov.14, 2007, http://www.sfgate.com/baya rea/a rticle/S-F-supervisors-approve-ID-cards-for-residents-3236637.ph p. 66 Id. (noting the ordinance creating the CID passed with ten supervisors voting to approve and only one voting against); See Infra Appendix D. 66 Wyatt Buchanan, S.F. supervisors approve ID cards for residents, SF GATE, Nov.14, 2007, http://www.sfgate.com/bayarea/article/S-F-supervisors-approve-I D-cards-for-residents-3236637.php. 19 identification.67 Additionally, to promote local commerce, the city worked to provide discounts to cardholders at local businesses. 68 In addition to its CID program, San Francisco has a sanctuary city ordinance that requires the city use no municipal funds or staff to assist federal immigration enforcement.69 The city also has an ordinance that requires the San Francisco Police Department accept the CID as a primary proof of identity unless a police officer believes the card was inappropriately issued or the cardholder is not the person identified on the card.70 San Francisco expended a large amount of its general funds to start the program. The total initial cost of the program including hardware, software and licensing, initial supplies, staff, maintenance, and other services totaled $828,000. At implementation no staff was dedicated to provide the service and today two staff members are tasked With running the program. The software alone cost approximately $60,000 and there are ongoing licensing costs. The printer cost $140,000 and the maintenance for the printer is $2,500 per service. Unlike New Haven, San Francisco has encountered no legal challenges to Its CID program. The federal government at no time has tried to obtain the cardholder information San Francisco has on file. To further protect cardholder information, San Francisco maintains a database on a dedicated server71 that only includes a limited amount of cardholder information. San Francisco has not had issues with counterfeited CIDs. The software the city uses prevents individuals from applying for multiple CIDs under different names. The card contains overt and covert security features including laser engraving. The city also uses a biometric scanner to issue the card. To apply for a CID, a resident of San Francisco must first make an appointment up to ninety days in advance by using an online appointment system or by calling the appropriate government office.72 At the appointment, the applicant must present proof of identity and residence within the city.73 There is a separate application for residents who are thirteen years 67 Id se See SF city ID Card — Using Your Card, Crry & COu NTY of SAN FRANosco, http://www.sfgov2.org/index.aspx?page=114 (last visited November 14, 2013). 69 Wyatt Buchanan, S.F. supervisors approve ID cards for residents, SF GATE, Nov. 14, 2007, http://www.sfgate.com/baya rea/a rticle/S-F-supervisors-approve-I D-cards-for-residents-3236637.ph p. "This essentially means that the information is stored on Its own computer separate from other city data storage devices. Tx SF City ID Card — How to Get a Card, CITY & COUNTY OF SAN FRANCISCO, http://www.sfgov2.org/index.aspx?page=113 (last visited November 24, 2013). 73 Id. 20 and younger and those who are fourteen years old and older.74 The cost for a CID Is $5.00 for those who are thirteen years old or younger, over sixty-two years old, or are low-income.75 For all others, the card is $15.00.76 To prove identity an applicant must present one of the following: a passport, U.S. driver's license or state ID, green card, or consular identification card .77Ifthe applicant cannot present one of these, then she must provide two of the following: certified copy of birth certificate, social security card, foreign driver's license, military identification card, current visa, individual taxpayer identification number authorization letter, or school identification card 78 Although, applicants who are under thirteen years of age do not need to present a form of photo identification, all other applicants must 79 To prove residency in the city, applicants must provide one of the following: recent utility bill, property tax statement, mortgage receipt, bank account statement, pay check stub, a ruling from the residential rent stabilization and arbitration board, jury summons, income tax statement, bill from insurance provider, a letter from a homeless shelter, or a letter from a medical care or social services provider.BO B. Non -profit -issued Community Identification Cards Recognized by Local Government The Mercer County, New Jersey, CID program is unique in comparison to the others discussed in this Report because it is issued by a non-profit group but is accepted and recognized by city and county authorities. In many ways, it has the same functionality as the San Francisco or New Haven programs —it creates a bridge between all community members and law enforcement and provides access to civic institutions. However, it has had less success in providing direct access to financial institutions. The card is only accepted as a secondaryform of identification at local banks and not as a primary form of identification. In contrast to San Francisco, the implementation costs and staffing for the CID program are entirely covered by the fees collected when issuing the CID. 74 Id. Ts Id. 761d. 771& 79 SF City ID Card — How to Get a Card, CITY & COUNTY OF SAN FRANCISCO, http://www.sfgov2.org/index.aspx?page=113 (last visited November 24, 2013). 79 Id. so Id. 21 i. Mercer County, New Jersey The Mercer County, New Jersey, CID program offers a unique example of how community groups can work with local governments to create such a program. Ms. Maria Juega is the Executive Director of the Latin American Legal Defense and Education Fund (LALDEF) based in Trenton, New Jersey, and spearheaded the implementation of the Mercer County CID program 81 In 2008, to create the CID, LALDEF brought together various community and local government groups to create the Tremendously Trenton Coalition (TTC). This coalition consisted of the Trenton Fire and Police Departments, the Trenton Public Schools, several community churches, civic associations, businesses such as CVS pharmacies, and a legal services organization. TTCs mission was to integrate immigrant populations into the community and support immigrant community leaders. In 2009, TTC and LALDEFBz worked together to launch the CID program in Trenton, New Jersey. Within a year of the program's inception, LALDEF had issued more than 1,000 cards. At that point, LALDEF approached police and city leaders in Princeton, New Jersey, to expand the use of the CID into that community. Princeton then started recognizing the CID. In 2010, the CID had a two year track record of success and other local governments in Mercer County began to recognize it. Since then the CID has been used on a county -wide level and LALDEF has issued more than 5,500 COS, �'♦�� �11!'EiFA�ss'Siir�iees3si�b:lr AW& Jane Doe Ads= in Street Ave. my I $fait; Trenton, NJ amag 41 ." 12112195 F ft" I ens 1 no sa r,nA,i,,.l Dr.. M& e01 ilwlwMI apbmn,kk9L19 Ms. Juega attributes the success of the program in large part to the Trenton Police Department. The department supported the CID program as part of ensuring community policing efficacy. Additionally, the department provided assistance in writing the procedures used by LALDEF to verify applicant's identity and residence. Ms. Juega notes that "the police department's recognition of the Community ID Card shows a level of commitment and recognition by the police of the immigrant community, encouraging trust in police officers and reporting of crimes that they have been a victim of or have witnessed." To further support this B1 See infro Appendix C. Note where no resource Is cited in this section, the information conveyed derives from the Information Included in Appendix C of this Report. e2 LALDEF created the coalition and continues to take the lead in issuing the Mercer County card to date. Therefore, this Report will refer to LALDEF as the issuing body although many groups are ultimately involved in issuing the card. 22 relationship, the mayor in 2009 issued an executive order to Trenton Police Department to refrain from asking residents about their immigration status unless the inquiry is connected to a felony. To start printing the CIDs, LALDEF used donated laptops, Card Five Vision software, a Fargo C30e ID printer, blank ID cards, and printing ink. The total cost to purchase all of these items totaled $2,000. LALDEF provided the initial start-up funds and was able to recoup all of this initial investment within one month by charging $10.00 per card. The program itself is volunteer -run and no funds are expended on staff. Demand for the card was so heavy that LALDEF purchased two additional printers and two used laptops for approximately $3,500. CID fees cover all the ongoing costs of operation including purchasing new blank cards, printer cartridges, and other maintenance. LALDEF has encountered no counterfeited cards and has taken steps to ensure CIDs are issued to the correct individual. To ensure it is difficult to copy the CID, only a few people actually have access to the CID template. Ms. Juega notes that if someone wanted to go the trouble of falsifying an identification document, they would likely pick a form of identification recognized throughout the state or nation. Applicants have rarely presented false documents to obtain a CID. However, if this situation arises, the volunteers have two books to assist them in ascertaining that state or international forms of identification are valid. If volunteers detect that a document presented to obtain a CID is falsified, they will decline to issue the card and ask the applicant to return with appropriate documentation. LALDEF has several policies and practices to ensure cardholder information is secure, LALDEF only maintains basic non -identifying information in its database for the purpose of statistical reports. it does not maintain the following information: "photograph, name, date of birth, address, height, weight, medical information or emergency contact." To date, neither the federal government nor a community group or member has sought to obtain the information LALDEF has on file, To further ensure cardholder information is secure, all volunteers and staff must sign a confidentiality agreement that restricts the sharing of cardholder information to anyone outside LALDEF unless it is approved by the Executive Director or Board of Trustees. The demographics of the cardholders are diverse. Cardholders have come from more than thirty countries. U.S, citizens make up approximately ten percent of the cardholder population. The largest age demographic of cardholders consists of individuals between twenty-six and thirty-five years old. Many homeless individuals also use the CID." Currently, the card provides access to a variety of city services. A cardholder may present the CID to city police officers; county sheriff officers; many medical service providers including doctors' offices, ambulance services, and hospital emergency rooms; city and county H3 Lois Rogers, Community ID cards offer dignity, security to local residents, THE MONrrER,JUI 19, 2010, http://www.trenton mon itor.com/Mai n.asp?SectionI D=5&SubSectionI D=42&ArticielD=1174. 23 recreation services; and public libraries. Notably, the CID does not function as a primary source of identification for opening bank accounts. However, it does function as a secondary source and LALDEF worked with local banking institutions to ensure some level of recognition for the CID. Unlike the other programs discussed in this Report, LALDEF accepts affidavits from faith - based organizations, social service organizations, or hospitals for applicants who have no other sources of documentation to obtain a CID. LALDEF requires that the letter must be on official letterhead and include the applicant's name, date of birth, and address. This practice ensures that the most vulnerable populations have access to the card. C. For -profit -issued Community Identification Cards Recognized by Local Government Both the cities of Richmond, California, and Oakland, California, have approached issuing a CID in a novel way —by partnering with a for -profit entity. The city licenses its name and logo to the CID provider and in return the CID provider handles all the details of issuing and maintaining the cards. The benefit of this system is that the city incurs no costs and the CID has the potential to function as a debit card. However, the downside of this system is that it is relatively new and there are still kinks to be ironed out, implementation may be slow, the service fees for debit card users are high, the protections provided by traditional banking institutions are not provided by the for -profit entity to CID debit card users, and applicants must be able to produce a high level of documentation to obtain a debit CID card. L Oakland, California Like San Francisco, New Haven, and Mercer County, the Oakland CID began with a concern that immigrants did not feel safe to approach police for assistance and proponents hoped to create trust via a CID.84 Oakland approached the CID as another tool of its sanctuary city policies. However, unlike San Francisco, Oakland could not afford a CID program in its general budget. Therefore, it took the novel approach of looking for a third party vendor to issue the card without cost to the city. After requesting proposals, Oakland created a licensing agreement with SF Global to create the CID. SF Global began issuing CIDs in February 2013 and has since issued approximately 4,900 CIDs. "Appendix E. Note where no resource is cited in this section, the information conveyed derives from the information included in Appendix E of this Report 24 City of Oakland, CA Municipal Identification Card ri naymae,. 9A52;rifaR4c7» g •.rnrtM. Dw _ iv:tNreL lia! .. «,.drlr- 12AnrsuWAim 011111 1, GfJEa1 oa5: ili1a261982 DISCVVER1 :ra t�,nu ., 6022 3045 67891234 Q 4,p. otn 7 Oakland, through using a third party vendor, was also able 1:o achieve something unique —the CID functions as a debit card.85 SF Global works with local merchants to essentially turn them into financial institutions. 86 Each participating merchant is able to take money from a cardholder and then place it on the debit card.87 The participating merchant is also able to pay out money deposited on the debit card to the cardholder.88 However, Oakland's partnership with SF Global has had several drawbacks including the fact that the debit fees are quite high.89 As of August 2013 SF Global charged $.75 for each debit transaction, a flat monthly charge of $2.99, a $1.75 fee for calling customer service, and $1.50 for an in -network ATM withdrawal,90 Critics note that these transaction fees are unacceptably high and the service falls below the standards of traditional bank services.91 In response, Oakland staff noted that the cost of the financial transactions is slated to decrease as es Steve Fisher, Oakland municipalID, debit card program expect to roll out in January, OAKLAND NORTH (Nov.15, 2012, 5.02 PM) http://oaklandnorth.net/2012/1l/15/oakiand-municipal-id-debit-card-program-expected-to-roll- out-in-January/. as Id. 87 id. W Aaron Sankin, Undocumented Immigrant Debit Cards: Oakland Introduces Landmark New Progrom, H UFFINOTON PosT (Feb. 26, 2013 8:27 PM) http://www.huffingtonpost.com/2013/02/26/undocumented-immigrant-debit- cards_n_2769198.html. M Chip Johnson, How Oakland fouled up ID card plan, SF Gate, Mar. 21, 2013, http://www.sfgate.com/bayarea/Johnson/article/How-Oakland-fou led -up -I D-card-plan-4374916.ph p. 50 J.B. Wogan, Oakland's Debit -ID Cards That Aim to Help Unbonked, Immigrants Catching On, GOVERNING, (Aug. 8, 2013), http://www.governfng.com/blop/view/gov-are-municipal-ID-cards-the-best-way-to-bank-the- unbanked.html. "Letter from Mlshellelun of the Consumers Union to Denise Belser of the National League of Cities (May 3, 2013), available athttp://consumersunion.org/wp-content/uploads/2013/05/NLC_Ltr 5_13.pdf. 25 more users sign up to use the debit portion of the card. Even so, some critics note that combining a debit card with a CID is too complex and oftentimes duplicates already available and more affordable and secure financial services in a community.92 To obtain an Oakland CID, an applicant must submit two different tiers of identification depending on whether the applicant wants to use the card as a debit card or solely as an identification card.93 The higher tier is mandated by laws regulating banks and the city is unable to create alternatives for issuing a debit card CID. To prove identity and obtain a debit card CID, an applicant must present one of the following current identification forms: green card, U.S. passport, foreign passport excluding countries prohibited by U.S. Department of the Treasury Office of Foreign Assets Control, U.S. military identification, U.S. state driver's license, U.S. tribal identification card, employment authorization card, or foreign government ID card from El Salvador, Guatemala, Nicaragua, and Mexico,94 Note, because of these requirements, many immigrants without current legal status will be unable to obtain a CID debit card.95 If the applicant simply wants to use the CID for identification and not as a debit card, then she may use any of the documents previously listed that are expired and may also present a foreign government national identification card, foreign driver's license, or consular identification card excluding Mexico.95 Oakland asserts that by using a third party vendor, cardholders' identifying information is more secure.97 The cardholder's information is perhaps more secure because it is covered by financial regulations prohibiting disclosure of information 98 However, there is some concern that the debit card service does not provide enough protection against loss of a cardholder's funds through mistake or theft.99 92 Id. 99 Requirements for the Oakland City ID Prepaid MasterCard, OAKLAND Crry ID, http://www.oakiandc!tyid.com/requirements.html (lastvisited Nov.16, 2013). 94 Id. 95 See id. 95 Id. 97 Steve Fisher, Oakland municipal ID, debit card program expect to roll out in January, Oakland North (Nov.15, 2012, 5:02 PM), http://oaklandnorth.net/2012/11/15/oakland-municipal-id-debit-card-program-expected-to-roll- out-in-January/. 98 Id. 99 Letter from Mishelle Jun of the Consumers Union to Denise Balser of the National League of Cities (May 3, 2013), available athttp://consumersunion.arg/wp-content/uploads/2013/05/NLC_Ltr 5_13.pdf. PI iii. Richmond, California Richmond, California, is the most recent city in the United States to add a CID program. In fact, the program is so new that no cards have yet been issued, although the city hopes CIDs will be issued as early as January or February of 2014.10O The ordinance creating the CID program passed on July 19, 2011, with a unanimous city council votelol and has received widespread support in the community. The city then requested proposals from qualified vendors to provide the service of issuing the CIDs at no cost to the city.102 The city received only two vendor proposals and ranked SF Global as the significantly more qualified and desirable vendor.103 After Oakland, Richmond is the second city client of SF Global. The city enacted its CID ordinance with the goals of promoting community safety by encouraging all residents to feel entitled to report crimes to the police, ensuring all residents have access to financial institutions, ensuring all residents have a source of identification, and unifying the community.104 The city noted that cities such as New Haven and San Francisco experienced an increase in reporting crimes after implementation of their CID programs.105 Issuance of the CID has taken longer than expected and proponents of the card have been frustrated that the card has taken so long to issue. The ordinance creating the CID program was approved over two years ago and the first CID is expected to be issued in early 2014. In part, the delay appears to be part of ironing out all the details with SF Global as this is still a relatively new service. 100 See infra Appendix D. Note where no resource is cited In this section, the information conveyed derives from the information included in Appendix D of this Report. 101 RICHMOND, CA., ORDINANCE 16-11 N.S. (Jul 19, 2011), available at http://www,cl.richmond.ca.us/DocumentCenter/View/24632. 102 LASHONDA W ILSON, Crry OF RICHMOND CITY MANAGER'S OFFICE, AGENDA REPORT ON THE CITY OF RICHMOND MUNICIPAL IDENTIFICATION/STORED VALUECARD PROGRAM (May 1, 2012) available at httP://www.ci.richmond.ca.us/DocumentCenter/Home/View/a792. 103 id 104 RICHMOND, CA., ORDINANCE 16.11 N.S. (Jul. 19, 2011), available at httP://www.ci.richmond.ca.us/DocumentCenter/View/24632. 10s Id 27 VIII. LEGAL ISSUES AND ANALYSIS The City Attorney asked us to research state and federal laws that might affect the potential implementation of a CID program in Iowa City. In this section, we will discuss (1) whether federal laws permit the introduction of a CID program in Iowa City, (2) whether state laws permit the introduction of a CID program in Iowa City, (3) how federal and state information -sharing laws might affect the operation ofsuch a CID program, (4) how local law enforcement may use a CID as part of typical law enforcement duties such as obtaining arrest and search warrants. We conclude that CIDs are permitted by both federal and state law, the personal information of card -holders may be kept private under both federal and state law, and local law enforcement may use CIDs as part of obtaining search and arrest warrants. A. Community Identification Cards Are Permitted Under Federal Law There is no federal law that prohibits a municipal government from authorizing a CID. State and local governments hold a long recognized "police power,i106 which gives them authority to enact laws for the welfare of their residents.107 The City would issue a CID for the welfare of its residents; e.g., to give its residents access to City services, and to increase interactions between its residents and City law enforcement. Therefore, the City's issuing a CID qualifies as a valid exercise of its police power. In the analysis that follows we explain (1) the scope of potentially relevant federal preemption doctrines and (ii) the potentially relevant provisions of the REAL ID Act of 2005. We conclude that neither federal preemption doctrines nor the REAL ID Act prohibit the City from issuing a CID. 1. Community identification cards are not preempted by federal law The City's issuing a CID would not conflict with any federal laws. In certain circumstances, a state or municipal law that conflicts with a federal law is invalidated or "preempted" by the federal law. To be preempted, the state or municipal law must either occupy an area of law that the federal government has exclusive power over, or conflict with federal law so as to make it impossible to follow both the state/municipal and federal law.10a The federal government holds plenary power to make policies and rules regarding immigration laws,109 and certain state and municipal laws may be invalid if they seek to regulate 106 Arizona v. United States,132 U.S. 2492, 2501 (2012). Id., at 2530. 1081d., at 2501. ioe Id., at 2498. 28 immigration laws.110 In this section we explain that if the City decided to issue a CID it would not be seeking to regulate federal immigration laws, and we conclude that therefore if the City issued a CID, federal law would not preempt such a CID. If the City issued a CID, it need not seek to occupy the federal government's exclusive power to regulate immigration laws, nor would it need to create any obstacles to the federal government's administration of immigration laws. The CID could be intended to serve the entire Iowa City community. The immigrant community could be only one of the many groups served by a CID. Other cities issuing a CID have found that some of the highest volume users of the CID are not immigrants. Ill. The purpose of a CID could be to give residents of the community access to City benefits. Giving many groups within the community wider access to City benefits does not approach creating laws that seek to regulate federal immigration matters. If the City decides to introduce its own CID or to grant official recognition to a CID produced by a third party, the City Council could pass an ordinance to authorize and give guidance to the CID program. The ordinance could be expressly designed to ensure that the purpose and usage of the CID does not conflict in any way with the federal government's administration of immigration laws. The CID ordinance need not seek in any way to regulate federal immigration laws, and would defer to federal law in the case of preemption. fi. The REAL ID Act does not prohibit the City from issuing a community identification card The provisions of the REAL ID Act of 2005 ("Act"), which is a federal law that applies to the issuance of state identification cards, does not prevent a municipality from issuing a CID. The Act prohibits a federal agency from accepting an identification card issued by a state unless the state's ID meets the Act's requirements. 112 The Act does not apply to forms of identification issued by municipal governments.113 In this section we explain relevant parts of the Act and conclude that the Act does not preclude the City from issuing a CID. One part of the Act that is relevant to a CID is the requirement that states may not issue IDs that may be used for federal purposes to applicants who cannot prove that they are in the United States lawfully." However, under the Act, states may issue IDs that are not for federal use as long as they "clearly state on its face that it may not be accepted by any Federal agency for federal identification or any other official purpose," and "use a unique design or color 119Id., at 2501. 111 See infra Appendix E. 111Pub. L. No.109-13, 119 Stat.302 (May 11, 2005). 11sSee id., 4 201(5) (defining State). 114Id., 4 202(c)(2)(8)• tk indicator to alert Federal agency and other law enforcement personnel that it may not be accepted for any such purpose.i115 This means that even if the Act did apply to municipalities, cards "not for federal use" could be issued under the Act as long as they complied with these requirements. Many states offer "not for federal use" driver's licenses and identification cards to undocumented persons.116 Those IDS do not meet the requirements of the REAL ID Act, but are still valid because they are not used for federal purposes, and are therefore not subject to the Act's requirements. Iowa has a non -operator's identification card for those who do not qualify for a driver's license,117 but it requires proof of valid immigration status before these IN can be issued.118 A CID need not violate the REAL ID Act because the Act does not seek to regulate municipal governments. Even if the Act did seek to regulate municipalities, if the City decided to issue a CID, the City could ensure that such an ID would have a distinctive design, color, and/or text explicitly stating that it cannot be accepted by a federal agency for any official purpose. B. Communityldentifrcation Cards are Permitted Under Iowa Law Just as federal law may preempt states from acting within certain spheres, it is possible for state laws to preempt or restrict the scope of authority or action of city and county governments. Therefore, as the City considers either issuing or recognizing a CID, it must consider whether state laws prevent the City from acting. To evaluate this concern, the following section will examine current Iowa law governing state preemption of local authority to determine whether the City may act. Ultimately, this section finds that nothing in state law preempts the City from issuing or recognizing a CID. State preemption of local authority is based in the Iowa Constitution, statutes, and Iowa court -made common law. The basis of Iowa law governing state preemption and city power is the 1968 Municipal Home Rule Amendment to the Iowa State Constitution. Prior to the passage of this amendment, Iowa municipalities had little power to determine their local affairs.119 However, this amendment granted cities broad "power and authority ... to determine their 115 Id., 4 202 (d)(11)(A)-(B)• 16 See Nat l Conference of State Legislatures, Immigrant Policy Project 1(Sept. 2013), hitpJ/www.ncsl.orRAssues- research Ji m m ig/immaratio n-repo rt-august-2013.aspx. 117 IoWAADMIN. CODE r. 761-630.2(321)(2013) (Stating that Iowa's non -operator's identification card may only be used for identification purposes). lie IowAADMIN. Cope r. 761-601.5(321)(2013) (Stating that "[a] person who applies for a new driver's license or nonoperator's identification card ... shall submit proof of lawful status in the United States.") 119 Jay P. Syverson, The Inconsistent State of Municipal Home Rule in Iowa, 57 DRAKE L. Rev 263 (20(38). 30 local affairs and government" so long as a local ordinance was not inconsistent with state law.120 Iowa Code Section 364.2 further clarifies the powers of the cities of Iowa. This provision states that a municipality may not act where state statute expressly imposes limitations on the municipality. 121 It further states that municipal ordinances are inconsistent with state law only when they are irreconcilable. 122 The Iowa Supreme Court has further clarified the constitutional and statutory standard for when state law preempts a municipal ordinance.123 City ordinances can be either expressly or impliedly preempted by state law.124 The court stated that state law expressly preempts a municipal ordinance when the state "has specifically prohibited local action in an area,"125 State law impliedly preempts a municipal ordinance where either a municipal ordinance "prohibits an act permitted by a statute, or permits an act prohibited by a statute" or the state has enacted statutes "in such a manner as to demonstrate a legislative intention" to occupy a field.126 As will be explained in further detail below, under these standards of preemption—(!) express, (ii) implied, and (Ili) field —state law does not preempt the City from issuing or recognizing a CID. However, before engaging in a preemption analysis, a reviewing court must first determine if a municipal ordinance governs a "local affair." The Iowa legislature has broadly defined the powers of municipalities as including the "exercise [of] any power and perform[ance) [of] any function it deems appropriate to protect and preserve the rights, privileges, and property of the city or of its residents and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents."127The Supreme Court of Iowa has recognized that this formulation of "local affairs" encompasses almost any activity.128 A concern may be both of statewide importance and still be considered a "local affair" suitable for city action or regulation.129 As a result, the only limitation on a municipality's ability to 120 IOWA CONST. art. III, § 38A. 121 IOWACODE § 364.2 (2013). 1221d. 123 Goodell v. Humboldt County, 575 N.W.2d. 486 (Iowa 1998). 1241d. 125Id. at 492. 126 Id. at 493. 127 IOWACODE § 364.1 (2013). 128 Worth County Friends of Agriculture v. Worth County, 688 N.W.3d 257, 261 (Iowa 2004) (discussing Iowa Code section 331.301(1) which defines the powers of county governments in a parallel wording to the Code's definition of the powers of municipal governments). 129Goodell, 575 N.W.2d. 486 at494 (citing IOWACONSr, art. III, § 39A). 31 regulate "local affairs" is when the state legislature preempts it through legislation and a reviewing court will likely not spend much time on this portion of this preliminary analysis.130 f. Community identification cards are not expressly preempted by state law The first concern is that an Iowa statute expressly prohibits the City from issuing or recognizing a CID. In this section we first examine the legal standard for determining when a state law preempts a city's authority to act. We then examine whether anything in the state laws granting and restricting city authority restrict the City's ability to act. Then, since a CID is a form of government -issued identification, this section examines whether Iowa laws providing for government -issued identification prohibit the City's ability to issue a CID. Finally, this section examines other portions of the Iowa Code to determine that no other state laws restrict the City's authority. "[E]xpress preemption[] applies where the legislature has specifically prohibited local action in a given area. "131 Typically, the court can simply look to the wording of the statute to determine whether a local ordinance is expressly preempted by state law.132 The court will also use all its other established guidelines for statutory construction.133 In Chelsea Theater Corporation v. Burlington, the Court considered whether an Iowa statute expressly prohibited a municipal ordinance regulating the sale of obscene materials and "public displays of explicit sexual material." 13a At issue was Iowa Code section 725.9 which stated: In order to provide for the uniform application of the provisions of sections 725.1 to 725.10 relating to obscene material applicable to minors within this state, it is intended that the sole and only regulation of obscene material shall be under the provisions of these sections, and no municipality, county or 130 Worth County Friends ofAgrlculture, 688 N.W.3d at 261. 131 City of Davenport V. Seymour, 755 N.W.2d 533, 538 (Iowa 2008). 232 id. 233 Chelsea Theater Corporation v. Burlington, 258 N.W.2d 372, 373 (Iowa 1977) (noting that Its established guidelines direct the court to (1) "avoid strained, impractical or absurd results," (2) give the ordinary meaning to the language of the statute "but the manifest intent of the legislature will prevail over the literal import of the words used," (3) avoid construction "where the language is clear and plain," (4) reach a reasonable construction of a statute by "look[ing] to the object to be accomplished and the evils and mischiefs sought to be remedied," (5) consider all parts of the law together and not elevate a single section above others, and (6) "give weight to the administrative interpretation of statute, particularly when they are of longstanding.") IM Id. 32 other governmental unit within this state shall make any law, ordinance or regulation relating to the availability of obscene materials. (emphasis added) The City of Burlington argued that the prefatory wording of the statute limited the scope of the express preemption to the regulation of juvenile access to obscene materials.135 The court, however, found that the introductory clause was "merely descriptive of the state law" and that the statement of the statute barring local regulation of obscene material "plainly expresses a legislative intention to deny political subdivisions the power to enact any law, ordinance or regulation relating to the availability of obscene material:'136 The court, in a later case, clarified that this preemptory language applied to all materials regulated under the entirety of chapter 725.137 Therefore, it is necessary to examine the breadth of a state law to ensure that none of its sections include express preemption language. None of the Iowa Code provisions that grant and limit the City's governmental authority expressly preempt the City from issuing or recognizing a CID. Iowa Code section 364.3 provides some limitations on the powers of municipalities provided by Iowa Code section 364.1. Section 364.3 provides various explicit limits on the powers of municipalities including criminal and civil penalties; certain licensing fees; city run utilities such as cable, gas, and electricity; rent controls; and storm shelter construction.l38 However, none of these provisions specifically restrict the City from Issuing or recognizing a CID. Additionally, the state laws governing the Iowa Department of Transportation and the issuances of drivers' licenses and non -operators' identification cards do not expressly preempt the City from acting. The state legislature created the Department of Transportation (DOT) in 1974 and charged it with "planning, development, regulation and improvement of transportation as provided by law."139 Through rulemaking, the DOT clarified that its mission "is to promote a transportation system to satisfy user needs and maximize economic and social benefits for Iowa citizens [and] to encourage and support programs to provide commodity movement and mobility for all citizens."'IA0 Per its statutory mandate, the DOT issues drivers' licenses and non -operator photo identification cards to Iowa residents.111 The Motor Vehicle Division of the DOT is tasked with 13' Id. at 374, ' Id. 137 Mall Real Estate v. City of Hamburg, 818 N.W.2d 190, 196 (Iowa 2012). "a IOWA CODE § 364.3 (2013). 1391OWACODE § 307.2 (2013); IOWAADMIN. CODE r.761-1.5 (2013). 3Q IowAADMIN. CODE r. 761-1.5 (2013). 141 IOWA CODE §§ 321.189, 321.190 (2013). 33 licensing drivers in Iowa and administers a licensing examination to determine which drivers have the "ability to operate motor vehicles safely upon the highways."142 The exam includes a vision test, test of Iowa traffic laws and highway signs, and a driving test,143 If a prospective driver fails any portion of the required tests, then she will not receive a license to drive.144 While an Iowa resident may apply for a non -operator's identification card at a driver's license examination station3-45 these cards are meant to serve as identification only and do not license an Iowa resident to drive.14E The Iowa Code makes clear that only the DOT and certain authorized counties may issue "driver's licenses, nonoperator identification cards, and persons with disabilities identification devices."147 But, nowhere do the provisions that regulate the issuance of Iowa drivers' licenses or non -operators' identification cards indicate that the legislature intended these specific documents to be the one and only form of acceptable photo identification in the state.140 Unlike the provision at issue in Chelsea Theater Corporation, nowhere in the Iowa Code provisions covering the issuances of drivers' licenses and non -operators' identification cards does it state that the issuance of identification cards shall be solely regulated and provided by the state. Finally, other sections of the Iowa Code and Iowa Administrative Code provide recognition for forms of photo identification other than drivers' licenses and non -operators' photo identification cards thereby indicating that alternate forms of identification may be recognized at the state level in certain situations. For example, a voter may demonstrate her identity and residence for the purpose of registering to vote with a current Iowa driver's license, Iowa non -operator's identification card, or "[a]n identification card issued by an employer[,] [or] [a] student identification card issued by an Iowa high school or postsecondary educational institution."149 Another provision of the Iowa Administrative Code allows a mother to submit a 142 IOWAADMIN. CODE r. 761-1.8(5); 761-601.1 (2013). '43 IOWAADMIN. CODE r. 761-604.7(321) (2013). IOWAADMIN. CODE r. 761-604.40 (2013). 145 IOWA ADMIN. CODE r. 761-630.2(1) (2013). 19 lowAADMIN. CODE r. 716-630.2(3) (2013). 147 IOWACODE § 321M.2 ("Notwithstanding provisions of chapter 321 or 321L that grantsole authority to the department for the issuance of driver's licenses, nonoperator identification cards, and persons with disabilities identification devices, certain counties shall be authorized to issue driver's licenses, nonoperator identification cards, and persons with disabilities identification devices, according to the requirements Of this chapter.") 1481OWACODE §§ 321.189, 321.190 (commanding the issuance of drivers' licenses and non -operators' licenses); IowAADMIN. CODE r. 761(providing rules and regulations for the DOT). 149 IOWACODE § 487A.7A(b)(1) (2013). 34 request for a birth certificate for her child after a home birth with her "current government - issued photo identification" or "other identifying documentation."150These provisions indicate that drivers' licenses and non -operators' cards are not intended to be the sole form of identity cards in Iowa. ff. Community identification cards are not impliedly preempted by Iowa law The Iowa Supreme Court has recognized that a state statute may impliedly preempt a local ordinance if the "legislature has covered a subject by statute in such a manner as to demonstrate a legislative intention" to occupy the field or where the local ordinance is "inconsistent with the laws" of the Iowa legislature.151 A local ordinance impermissibly "conflicts" with a state law when the two are 'irreconcilable." 152 The Iowa Supreme Court has further defined what is irreconcilable with its "permit, prohibit" test. Under the "permit, prohibit test," a municipal ordinance irreconcilably conflicts with state law and is therefore impliedly preempted where it "prohibits an act permitted by statute, or permits an act prohibited by a statute."153 To determine what a statute permits or prohibits, the examining court looks to "the legislative intent in enacting the state statutes and [] require[s] that any local ordinance remain faithful to this legislative intent, as well as to the legislative scheme established in relevant state statutes.n154 Under Iowa Code section 4.6, the court looks to the statute itself and legislative history to determine the legislative intent.155 The reviewing court will try to avoid preemption where it can by reading the state statute in a way that harmonizes it with the local ordinance 156 The Iowa Supreme Court has reviewed a wide spectrum of local ordinances under the prohibit prong of its implied conflict preemption test. In the majority of these cases the court reviewed municipal or county ordinances that set higher or different standards for the regulation of activities than a state statute already provided.157 150 IowAADMiN. CODE 641-96.7(5) (2013). "' Goodell, 575 N.W.2d at 498,500 (citing IOWA CONSr. art. III, § 39A). 152Goodell, 575 N.W.2d at 500 (citing Iowa Code § 331.301). 153 Goodell, 575 N.W.2d at 486,500 (citing City of Des Moines v. Gruen, 457 N.W.2d 457, 342 (Iowa 1990)). 154ld. at 500. 155 Id. at 500. 156Id. atSOO. [?] 157 See Goodell, 575 N.W.2d at500-501; See also Cedar Rapids Human Rights Commission V. Cedar Rapids Community School District, 222 N.W.2d 391, 400-03 (Iowa 1974) (finding a city ordinance which provided no 35 Here, the City is not interested in setting higher or different standards for regulating an activity already regulated by state statute and if it issued a CID its actions would not fall under the prohibit prong of the test. The state legislature has provided that the DOT will issue drivers licenses incident to licensing drivers for the safe operation of motor vehicles on the highway and will issue non -operators' identification cards. $ The state legislature has provided a process for issuing these documents to Iowa residents.159 However, the standards the legislature set for issuing a driver's license or a non -operator's photo identification card only apply to these forms of identification.160 The statutory language in no way indicates that these requirements apply to any other type of photo identification card that might be issued throughout the state.161 To conflict with the state laws governing the issuance of driver's licenses and non - operators' photo identification cards under the prohibit prong of the test, the city would need to take it upon itself to issue drivers' licenses or non -operators' identification cards and implement stricter standards than are provided for in Iowa law. However, the City has no interest in seeking to more strictly regulate the issuance of Iowa driver's licenses and non - operators' identification cards. Instead, the City seeks to potentially provide a different service to its residents which falls entirely outside the regulations provided in Iowa Code sections 321.189 and 321,190. Therefore, any standards the City would set to regulate the issuance of a CID could not conflict with state law —let alone set a higher or different standard for regulating an activity which would place it in danger of preemption via the prohibit prong of the conflict preemption test. appellate procedures for the decisions Cedar Rapids Human Rights Commission preempted a state statute providing a hearing on appeal In the district court); Bryan v. Des Moines, 261 N.W.2d 685, 686-87 (Iowa 1978) (upholding a city ordinance setting educational requirements for police officer promotion despite the appellants argument that the state civil service commission had the sole authority to set requirements for promotion "because of its statutory duty to'hold competitive promotional examinations for the purpose of determining the qualifications of applicants for promotion to higher grade under civil service."'); Sioux City Police Officers' Association v. City of Sioux City, 495 N.W.2d 687, 694 (Iowa 1993) (upholding a city ordinance that set anti - nepotism criteria for employment and promotion for city employees that were beyond Iowa statutory provisions) ; Iowa City v. Westinghouse Learning Corp., 264 N.W.2d 771, 773 (Iowa 1978) (finding a city ordinance which provided procedures for its civil rights commission were inconsistent with the procedures provided under Iowa statute); Beerite Tire Disposal/Recyclingv. City of Rhodes, 646 N.W.2d 857 (Iowa 2002) (finding a city ordinance governing tire disposal with stricter regulations than the Iowa statute governing tire disposal was not impliedly preempted by state law); Baker v. City of Iowa City, 750 N.W.2d 93 (Iowa 2008) (finding a City ordinance which regulated employment discrimination of employers with fewer than four employees was impliedly preempted by state law because the Iowa statute and the city ordinance were irreconcilable after examining the legislative intent of the Iowa legislature when it enacted of the statute). 158IOWA CODE §§ 321.189, 321.190 (2013). 159 Id. 160 id. 151 See id. 131 The Iowa Supreme Court has had fewer occasions to examine municipal ordinances that permit activity that the state has proscribed. In Lewis v, Jaeger, the Iowa Supreme Court considered whether a city ordinance could authorize a city manager to order a landlord to immediately evict a tenant and change the locks on an apartment to rectify an emergency which impacts public health, safety, or welfare, where an Iowa statute provided an evicted tenant three-day notice and an opportunity to contest the eviction.16Z To determine whether the city ordinance and the statute conflicted, the court examined the Iowa Uniform Residential Landlord and Tenant Act (IURLTA) which provided a three-day notice procedure for eviction.163 The court examined IURLTA to determine if it restricted the city's authority to act and found that it did not.364 To make this conclusion, the court looked at the legislative context of IURLTA and found that the legislature passed the statute to recognize the minimum housing standards already supplied by many cities.165 It also noted that the IURLTA specifically included a section which allowed its provisions to be supplemented for the purpose of "public health, safety and fire prevention."166 Further, the court noted that Iowa Code section 364.17 actually requires certain cities to adopt a housing code which includes enforcement provisions.167 Therefore, the court found that the city's ordinance providing more liberal standards for eviction in cases involving public safety and health was not preempted by state law.168 Here, if the City chooses to issue a CID, it would not permit something currently prohibited by Iowa law. Unlike in Lewis, there is no Iowa law regulating the issuance of photo identification cards by municipalities or other actors. The statutory language providing for the issuance of Iowa drivers' licenses and non -operator identification cards in no way suggests that these requirements apply to any other type of photo identification card that might be issued throughout the state.169 Therefore, if the City choses to issue a CID, it would not permit something otherwise prohibited by Iowa law. 162 Lewis v. Jaeger, 818 N.W.2d 165 (Iowa 2012). 16` Id, at 178 (citing IOWA CODE § 562A.2(2)(a)). 164Id. at 178. 165Id. at 179. 1661d. at 179 (citing Iowa Code § 562A.3). " Id. at 178. 168 Lewis, 818 N.W.2d at 178. 169 IOWA CODE §§ 321.189, 321.190 (2013). 37 Ill. Community identification cards are not field preempted by Iowa law Where the state has extensively regulated a field then a city may not be able to operate in this field. The Iowa Supreme Court has found that the state did not occupy the field "despite the extensive statutory regulation of an area of law and only found field preemption where the legislature specifically stated that a specific law "shall ... be uniform throughoutthis state and in all political subdivisions and municipalities therein."170 The court concluded that "extensive regulation of an area is not sufficient in the absence of a clear expression of legislative intent to preempt regulation of field by local authorities, or a clear expression of the legislature's desire to have uniform regulations statewide.„171 State law does not occupy the field and the City may issue a CID if it chooses to do so. The state legislature has not extensively regulated the area of government -issued photo identification cards and has also not provided a clear statement of exclusive regulation in the area172Iowa Code sections 321.189 and 321.190 do provide for and regulate the issuance of drivers' licenses and non -operators' identification cards by the DOT. Iowa Code Chapter 321 does not state that the Iowa legislature exclusively reserves the power to regulate photo Identification cards in the state or that all photo identification cards are prohibited except as provided by Chapter 321 of the Iowa Code. 173In addition, other than Iowa Code sections 321.180 and 321,190, the state legislature has not categorically regulated government -issued photo identification cards. Therefore, the City may choose to act by issuing a CID without concern that state laws field preempt its authority to do so. C. Safeguarding City Residents' Private Information Under Federal Laws If the City decides that privacy of the personal information of CID applicants is a high priority, there are steps the City could take in order to safeguard that information under federal information -sharing laws. As shown by the graph below, many City residents consider it important that their personal information be kept private. 14 Goodell, 575 N.W.2d at 499 (citing Bryan, 261 N.W.2d 686; City of Vinton v. Engledow, 140 N.W.3d 857 (Iowa 1966)). 17 1 Id. at 499_500. 17 2 See Goodell, 575 N.W.2ci 486. 173 Iowa Grocery Industry Association v. City of Des Moines, 712 N.W.2d 675 (Iowa 2006) 38 Privacy of Information Concerns 142 12o 100 ao fio 42 30 D eYe No ■NoresponM Degree of Privacy Concerns 26 -011 6D so los ■Norewum NYerywftr Sabus allorwbiz This is also true in other cities; therefore, some cities choose to create only a limited database of applicants' basic information.174 The federal government cannot compel the City to share the personal information of CID applicants.175 Other cities have demonstrated that one of the safest ways to avoid potential conflicts in information sharing with the federal government is to not maintain copies of the identity documentation provided by CID applicants at the time they submit their applications.176 These cities maintain a database that includes only the information found on the CIDs themselves. In this section, we will discuss one line of federal laws and two federal programs that are relevant in safeguarding City residents' private 14See infra Appendix A. (Stating that the city of New Haven does not maintain copies of applicant documents.); See infra Appendix B. (Stating that the city of San Francisco keeps limited information on the database.) 175 Printz v. United States, 521 U.S.898 (1997). (Stating that federal law could not require the state law enforcement officers to act by participating in its enforcement); see also New York v. United States, 505 U.S. at 188 (noting that the Radioactive Waste Act illegally required the state to act for the federal law and regulate the disposal of radioactive waste). But see Reno v. Condon, 528 U.S. 141 (2000). (Holding that the federal government could regulate states that engaged in interstate commerce under Congress' Commerce Clause authority) 176 See infra Appendix A. (Stating that the city of New Haven does not maintain copies of applicant documents.); See infra Appendix E. (Stating that the city of San Francisco keeps limited Information on the database.) 39 information. The first law deals with information sharing with the federal government, and the two programs are the INA § 287(g) Program and the Department of Homeland Security Secure Communities Program. We conclude that neither the federal laws, nor the two relevant federal programs can compel the Gty to share the personal information of CID applicants with the federal government. t. The City need not maintain immigration information If the City followed the examples of other cities with CIDs and opted not to maintain any records pertaining to CID applicants' documentation or countries of origin, the City would not be violating any federal laws. Federal law states that local governments cannot prohibit a government entity from maintaining Immigration information and exchanging it with the federal government, but nor can they compel such information sharing. 177 The CID database need not maintain any documentation provided by CID applicants, nor does it need to contain any information regarding the legal status of the applicants. The City cannot be compelled to share information that it does not maintain; therefore any law that requires information to be exchanged with the federal government would not apply.'-"8 The limited information that the City might hold; e.g., the information found on the CID such as name, age, and resident address, need not give any indication as to the immigration status of CID cardholders.179 Therefore, any personal information held by the City need not contain information regarding the immigration status of CID cardholders and the City would be in compliance with federal information sharing laws. ii. The 278(g) Program does not give the federal government access to community identification card applicant information The 287(g) Program'80 allows a city to enter into a "Memorandum of Agreement" with ICE which allows local law enforcement to enforce federal immigration laws at the city's expense.181 Although local governments may be encouraged to participate, they cannot be 177 8 U.S.C.A. § 1373 (West 2013); 8 U.S.C.A. § 1644 (West 2013); Sturgeon v. Bretton, 95 Cal. Rptr. 3d 718, 722 (Ct. App. 2009). 178 Sturgeon, 95 Cal. Rptr. 3d at 731-33. 179 The City Attorney's office has expressed some concern that individuals perusing D list of CID holders names mightconclude thatall persons with Latino last names are undocumented and to targetthose persons accordingly. This has not proven to be an issue in other communities that have introduced CIDs. First, to reach such a conclusion based on names alone would be to engage in impermissible racial profiling. Second, because CIDs in those communities have been used by persons with a variety of different immigration statuses, including United States Citizens, Lawful Permanent Residents, Asylees, and undocumented individuals. Im The 287(g) Program was named after the section of the Immigration and Nationality Act (INA) that enacted it Im INA § 287(g); 8 U.S.C. § 1357 (2013). 40 required to participate in the 287(g) Program under both the IN02 and other federal laws.l83 No local government within the state of Iowa currently has a 287(g) agreement with ICE, and the City is under no obligation to participate in the Program.184 Even if the City were to begin to participate in the 287(g) program after the CID program were initiated, there need be no added risk for a community member to apply for or hold a CID because information regarding immigration status of applicants need not be maintained by the City. W. Secure Communities does not give the federal government access to community identification card applicant information Secure Communities, which began in 2008, allows ICE to have access to the fingerprints of individuals who have been arrested for violations of local, state, or federal law, tas ICE's access to fingerprints allows ICE to check if an arrested individual is unlawfully present in the United States.186 If the arrested individual is unlawfully present, ICE then determines whether or not to remove the individual from the United States.187 Although Iowa participates in Secure Communities, the Program does not require any additional information gathering from the state or local government aside from what was done before the program started. lea Biographic information is only traced via the Secure Communities database when a person is arrested, which would form no part of the CID application process. E. Safeguarding City Residents' Private Information Under Iowa Open Records Laws The private information of CID applicants will remain protected under Iowa's open records laws, As shown in the previous section, privacy concerns are a high priority for community members who are potential CID card -holders. Even if an information request were made under Iowa's open records laws, the identity of "a person outside the government," sm INA 287(g)(9) (Stating that nothing within INA 287(g) "shall be construed to require any State or political subdivision of a State to enter into an agreement with the Attorney General under this subsection." (italics added). 'a' New York v. United States, 505 U.S.144 (1992). (Stating that although the Federal Government does lack the ability to compel a local government to act, that is not to say that it "lacks the ability to encourage a State to regulate in a particular way, or that [it] may not hold out incentives to the States as a method of Influencing a State's policy choices. 184ICE Website, Fact Sheet: Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act httplwww.ice.aoylnewsilibrarylfact5heetsf287g.htm. (lastvisited Nov. 15, 2013). 285ICE Website, Secure Communities, http,*/,Iwww.ice.gov/secure communities/ (last visited Nov. 15, 2013). '85 Id. 187 Id. 'M Id. 41 namely, almost all CID applicants, would be protected.189In this section, we will discuss how applicants' personal information will be treated under Iowa's open records laws if copies of applicant documentation are maintained, We explore how CID applicants' personal information will be treated if that information is held by (1) the City; (11) a non-profit; or (iii) a for -profit organization. We conclude that, under Iowa law, CID applicants' information should be protected regardless of who holds the information, although ensuring that protection may be less costly if a third party, ratherthan the City itself, holds the relevant information. i. City -issued community identification card If the City decides to administer the CID itself, and to maintain copies of applicant documentation, it would be subject to information requests, but CID applicants' information would fit within an exception to the Iowa open records laws and would therefore remain protected. Documents of the City of Iowa City are considered public records.190 Because the City's documents are considered public, anyone can request information.191 However, if that information were requested, the City would be given the opportunity to demonstrate that applicants' information is protected by an exception to Iowa's open records laws.192 Iowa courts interpret disclosure requirements broadly, and they interpret the confidentiality exceptions narrowly.193 In this section, we discuss the potential downside to a CID issued by the City, and a relevant exception to Iowa's open records laws. We conclude that CID applicants' information will remain protected under the exception, but the City may need to expend resources to demonstrate that fact. The potential downside of the City issuing the CID itself is the possibility of the City having to spend resources to demonstrate to a court that information gathered from CID applicants fits within an open records exception. This would occur only if an information request were actually made, and if the City maintained copies of the documentation applicants provided. While the City can demonstrate that applicant information fits within the exception; if the City decided to contest the information request, the City would carry the burden of proof to demonstrate the exception's applicability, which would require the City to spend resources. 189 I0WACODEANN. § 22.7 (West 2013). ("Information contained In the communication Is a public record to the extent that itcan be disclosed without directly or indirectly indicating the identity of the person outside of government making itor enabling others to ascertain the identity of that person") 190 IOWACODEANN. § 22.1(West 2013). (Stating that records that are "of or belonging to this state or any... city... are subject" to the open records laws in Iowa). 191 IOWACODEANN. § 22.2(1) (West 2013). (Stating that" fe]veryperson shall have the right to examine and copy public records ..."(emphasis added). 192 Clymer v. City of Cedar Rapids, 601 N.W.2d 42,45 (Iowa 1999). (Stating that the party "seeking the protection of one of the statute's exemptions bears the burden of demonstrating the exemption's applicability.") 193 Am. Civil Liberties Union Found. of Iowa, Inc. v. Records Custodian, Atl. Cmty. Sch. Dist., 818 NN.2d 231, 233 (Iowa 2012). 42 The exception that applies to applicants' information is the "communications not required by law" exception.194 The purpose of this exception is to allow governments to encourage the sharing of useful information that individuals might not share if they knew the information could be "available for public examination.i195 The Iowa Supreme Court has held that this exception was meant to protect a "broad category of useful incoming communications.. ."196 To fit within the exception, it must be shown that i) information is given by persons outside the government, li) the information to be gathered is not required by law, iii) the information is useful to the government body, iv) the government body gathering the information could reasonably believe that individuals would be discouraged from sharing the information if they know it would be available for public examination. CID information that would be held by the City would fit within the "communications not required by law" exception because i) the information gathered would be the information of persons outside of the government, namely, City residents, ii) City residents would not be required by lawto apply for a CID, iii) the Information provided by applicants would be useful to the City (e.g. the CID would allow increased interaction with community residents and law enforcement officers, access to city services, integration, etc.), and iv) the City reasonably believes that many potential applicants consider their concerns for the privacy of their information to be serious, and if applicants' information were subject to disclosure, individuals would be discouraged from applying for a CID. In some respects, the private resident information required to obtain a CID is analogous to the information pertaining to Iowa City residents' utility accounts and billing that is held by the City and which, under Iowa law is "private customer information" that may not be subjected to an open records request.197 194IOWACODE ANN. § 22.7(18) (West 2013). ("Communications not required bylaw, rule, procedure, or contract that are made to a government body or to any of its employees by identified persons outside of government, to the extent thatthe government body recewing those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination.") 195IOWACODEANN. § 22.7(18) (West 2013); City of Sioux City v. Press Club, 421 N.W.2d 895,898 (Iowa 1988).(Stating thatthe purpose of I.C.A. § 22.7(18) Is "to permit public agencies to keep confidential a broad category of useful Incoming communications which might not be forthcoming if subject to public disclosure." See also Des Moines Register & Tribune Co.v. Dwyer, 542 N.W.2d 491, 499 (Iowa 1996). (stating that part of the rationale for the rule is to eliminate the "chilling effect on our citizens' rights and willingness to contacttheir elected officials" if they knew it would be available for public examination). 1"' City of Sioux City 421 N.W.2d at 898. (emphasis added). 197 IOWA CODE ANN. § 388.9A (2013) ("Notwithstanding section 22.2, subsection 1, public records of a city utility or combined utility system, or a city enterprise or combined city enterprise as defined in section 384.80, which shall not be examined or copied as of right, include private customer information. Except as required pursuant to chapter 476, private customer information includes information identifying a specific customer and any record of a customer account, including Internet -based customer account information.") 43 To apply for a CID program, an applicant would need to provide documentation to prove basic personal information, including City residence. The City could choose to keep all of the documentation, or only limited information. Obviously, should the City opt to keep only minimal records —as other communities with CIDs have done —in the highly unlikely event that an Iowa open records request were successful, the immigration status of CID applicants would not be disclosed. Assuming this approach is adopted, the only potential downside to the City administering the CID itself would be the possibility of having to spend City resources to demonstrate that the applicants' information fits within an exception to Iowa's open records laws. This issue would only arise if an open records request were to be made to the City, and if the City itself maintained a database of CID applicants' documentation. H. City -recognized community identification card If the City decides to recognize a CID issued by a non-profit or a for -profit organization, the applicants' personal information will be more protected than if the City were to administer the CID itself. Information held by a private organization is not considered "public" under Iowa's open records laws and is therefore not subject to information requests.198 In this section, we explain that a non-profit or for -profit organization would not be "performing a government function," and is therefore not treated as a public entity. We conclude that a non-profit and a for -profit would not be treated as a public entity, and that information they maintain would therefore not be subject to disclosure requests. The only potential circumstance that would allow a non -profit's information to be subject to requests is if it can be shown that the non-profit was "performing a government function."199 Cities are not expected to issue CIDs, and it would be very difficult to demonstrate that a non-profit issuing CIDs was performing a government function. 2,00 The Iowa Supreme Court states that merely because a private entity is performing a function that "may be characterized as a government function" does not mean that it must "open its doors to public scrutiny."201 193 IOWACODE ANN, 4 22.2(1) (West 2013). (Stating that "[e)very person shall have the right to examine and copy public records ...." (emphasis added); IOWA CODEANN. $ 22.1(West 2013). ( stating that public records include all "records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this state or any county, city... "). 19 Gannon v. Bd. of Regents, 692 N.W.2d 31(Iowa 2005). �0i, KMEG Television Inc. v. Iowa State Board of Regents, 440 N.W.2d 382, 385 (Iowa 1989) (network bid proposals received by communications company pursuant to company's contractwith state university for broadcast of sporting events are not public records because broadcasting sporting events is not a governmental function). But see, Gannon V. Board of Regents, 692 N.W.2d 31(Iowa 2005), overruling KMEG in part and holding that the Iowa State University Foundation "performs a government function by virtue of its contract with ISU.Therefore, its records are "public records" subject to examination." Id. at p. 44. 20J Gannon, 692 N.W.2d 31, 43. 44 Iowa's Supreme Court has found a private entity to be performing a government function when the private entity and the government entity shared a "highly interwoven and symbiotic relationship.i202 If the City decided to model a CID program after other cities, this "highly interwoven" type of relationship would not exist between the City and a private entity. Some cities like Oakland and Richmond merely authorize the private entity that is administering the card to use the city's name and trademark, and let the private organization handle the rest 203 In order to avoid any risk of disclosure, the City could avoid a "highly interwoven and symbiotic relationship" with a private organization by acting as other cities have. D. Local Law Enforcement Use of Communityldentification Cards Officers in the Iowa City Police Department are concerned about three related issues that might arise if they were to use an Iowa City CID in the course of their work. First, they are concerned about using CIDs to identify an individual to obtain a search or arrest warrant. Second, there is some concern that if a CID is used to identify a person for such a warrant, and the CID upon which the police rely does not contain accurate identifying information, the wrong person could be arrested, which would expose the City to civil liability for false arrest. Third, and finally, they are concerned about the crime of identity theft and the possibility that an individual could steal another person's identity documentation, fraudulently obtain a CID and/or counterfeit a CID, and then use that CID for criminal purposes. In this section, we briefly examine the state and federal legal standards governing the validity of search and arrest warrants. We then discuss the measures that other communities with CIDs have taken to ensure that CID information is accurate, to minimize the risk of reliance upon erroneous CID information in the course of law enforcement operations, and to combat identity theft and fraudulent use of CIDs. First, no provision in the Iowa Code or Iowa Constitution requires an individual's legal name must be included on the search warrant for it to be facially valid. The Iowa Constitution requires that all warrants must "particularly describe the place to be searched, and the persons and things to be seized.i204 While Iowa Code section 808.3 further instructs that an officer applying for a search warrant must "describe the person, place or thing ... with sufficient specificity to enable an independent reasonable person with reasonable effort to ascertain and identify the person, place, or thing." Neither one of these provisions require a legally accurate name must be included in a search warrant to be valid. Under Iowa law, an arrest warrant is facially valid even if the incorrect name is included therein. According to the Iowa Code provisions regulating arrests, a valid warrant does not have to include the correct legal name of the person to be arrested gas Iowa Code section 804.1 provides that a court issuing an arrest zoa Id. Z03 See infra Appendix E. ma IOWA CONST, art. 8, § 8. 205 IOWA CODE § 804 (2013). 45 warrant must determine that "there is probable cause to believe an offense has been committed and a designated person has committed it." While Iowa Code section 804.2 states that the warrant itself must "give the name of the defendant, if know to the magistrate; if unknown, may designate 'name unknown. . . ."1206 Finally, the Supreme Court of Iowa has maintained the facial validity of an arrest warrant where the warrant included the wrong name. 207 Under the Fourth Amendment of the U.S. Constitution and the matching Iowa Constitutional provision both require that a search warrant must "be sufficiently definite to enable the searcher to identify the persons, places, or things the magistrate has previously determined should be searched.i208 Under these standards, the officer executing the warrant must not have discretion in determining the scope of the warrant and the officer "must be able to reasonably ascertain and identify the places and things authorized to be searched" from the warrant 209 This requirement is meant to "minimize the risk that officers executing the search warrant will mistakenly search [a] person not intended by the issuing magistrate."210 Under this standard, a search warrant may contain information that is technically incorrect but still valid under the Fourth Amendment.221 In practice, this means that a warrant that contains an incorrect name but otherwise describes the individual to be searched with accuracy is valid 212 The description of the individual must only be reasonable and officer surveillance and actual knowledge of the place or person to be searched are factors that mitigate a technical error on a warrant.213 Therefore, although the City would aim to ensure CIDs contained accurate information, if a CID did contain incorrect information, as long as the individual being detained and arrested was the individual sought by the authorities, a police officer could still rely on the CID to issue a valid search warrant. 20 IOWA CODE § 804.2 (2013). �01 Wilson v. Lapham, 195 N.W. 235, 238 (Iowa 1923). 208 State of Iowa v. Thomas, 540 N.W.2d 658,662 (Iowa 1995). 209 State v. Buchanan, 683 N.W.2d 126 (Iowa 2004). 210 State v. Prior, 617 N.W.2d 260, 263 (Iowa 2000). e31 United States v. Gitcho, 601 F.2d 369 (8th Circ 1979) 2121d. (finding a search warrant was valid under the Fourth Amendment despite listing the incorrect address of a premises to be searched); State v. Buchanan, 683 N.W.2d 126 (2004) (finding that a warrant to seize the blood of an individual was valid under the Fourth Amendment despite the fact that the wrong name was used on the warrant). 21, See id. 46 To minimize the possibility of local law enforcement reliance upon potentially erroneous CID data to arrest individuals, which might leave the municipality issuing the CID open to civil liability, each of the other communities that introduced a CID has also developed a clearly defined protocol for CID use in the course of law enforcement operations. The City of San Francisco, for example, requires its officers to accept the CID as a primary identity document unless they have reason to believe that the person holding the card is not the person identified in the card or they believe that the County Clerk issued the card inappropriately.214 The City of New Haven, in contrast, will accept CIDs as evidence of identity for victims or witnesses reporting crimes, but will not issue arrest warrants for individuals identified solely on the basis of information contained in their CIDs.215 If the City of Iowa City were to issue a CID or recognize a third -party issued CID the City would need to determine what protocol was most appropriate for its use. We note that in our interviews with representatives of other communities with CIDs we were not informed of any civil lawsuits brought against municipalities by individuals claiming false arrest on the basis of information contained in CID documentation, Finally, as with any identification document, there is a risk that unscrupulous persons could attempt to obtain a CID by theft or fraud. Other communities that have introduced CIDs have taken measures to ensure that individuals cannot fraudulently obtain CIDs. In New Haven and Mercer County, for example, only a limited number of individuals are permitted to issue CIDs.2,16 Those individuals receive extensive training in identifying and examining identity documents from a variety of different countries and use an identity document "resource book" to verify the validity of such documents.11z When staff have doubts about the validity of foreign identity documents they err on the side of declining to issue CIDs. Other municipalities issuing CIDs have focused on the security of the CID card itself. For example, San Francisco uses custom proprietary software, secure cardstock, laser engraving, biometric scanning, and other covert and over security features to safeguard the integrity of its CID.218 If the City of Iowa City were to issue a CID, or to recognize a third -party issued CID, it could make such issuance or recognition contingent upon these or other security features being included in the card. 214See infra Appendix B. 215 See infra Appendix A. 216 See infra Appendix A, Appendix C. 217 See infra Appendix A, Appendix C. 21BSee infra Appendix B. 47 IX. RECOMMENDATIONS First and foremost, we recommend that the City further investigate the demand and needs of the community. Our early survey results indicate that residents placed the highest importance on using a CID as a form of identification to present to police. Respondents then prioritized, in descending order of priority, the following potential benefits provided by a CID: access to medical services, creation of utility accounts, access bank or credit union services, access to pharmacy services, feeling part of the city, access to the homeless shelter, access to the Johnson County jail, paying for bus fare, accessing the library, and accessing recreation centers 219 However, as we previously mentioned, our survey sample was limited in scope. Therefore, we recommend that by accurately gauging the needs of the community, the City will be better able to ensure a CID program would meet the unique needs of Iowa City residents. For example, Oakland chose to emphasize the financial aspect of its CID because it had a significant unbanked population,220 while Mercer County chose to emphasize building trusting relationships between police and cardholders over access to financial institutions.22" San Francisco and New Haven have both attempted to provide for both access to financial institutions and public safety.zzZ Therefore, depending on the requirements of the City and the needs of the community, we recommend the following: (1) if the City wishes to maximize the services and benefits provided by a CID then the City itself should issue the card, (2) if the City wishes to prioritize the accessibility of the card to all local residents then it should recognize a non-profit issued CID, (3) if the City wishes to minimize its expenditures on a CID program then it should recognize a non-profit issued or for -profit issued card, and (4) if the City wishes to maximize the security of cardholder information and limit its potential liabilities then it may choose to recognize a non -profit -issued or for -profit -issued CID. A. If the City Wishes to Maximize the Services and Benefits Provided by a Communityldentification Card Then the CityltselfShould Issue the Card San Francisco has had the most success at securing a wide range of services and benefits through its CID program. Notably, six banks in the San Francisco area recognize the city's CID as a primary form of identity documentation, San Francisco in part was able to secure the benefit of this service by directly including this requirement in its contracts with private banks. Through other negotiations, the city has ensured cardholders have access to discounts at local 219 See supro Part VI.C. 220See supra Part VII.C. Note where no resource is cited In this section, the information conveyed about the Oakland and Richmond programs derives from the information presented in Part VII.0 of this Report. 221 Seesupra Part VII.B. Note where no resource is cited in this section, the information conveyed about the Mercer County program derives from the information presented in Part VII.B of this Report. 222 Seesupro Part VII.A. Note where no resource is cited in this section, the information conveyed about the New Haven and San Francisco programs derives from the information presented in Part VILA of this Report. 48 businesses. Also, because the city itself issues the CID, the city uses the card as a method to access city services such as the public library and recreation facilities. However, San Francisco's program has come at an incredible expense. The city expended $828,000 at start-up and currently expends about $350,000 on its program annually. New Haven has been able to achieve almost as much functionality for its card as San Francisco but with fewer costs. As part of the implementation process, New Haven worked with a local bankers association to help ensure financial institutions would trust the CID. Currently, cardholders can use their CIDs to open bank accounts at one local bank. The city also uses its CID to provide access to recreation facilities and library services. In contrast to San Francisco, New Haven was able to achieve these goals without expending general fund money. Instead, New Haven relied on philanthropy and grants. Ultimately, the lesson learned from these two programs is that the cities' active engagement in working with financial institutions ensured their CID programs would provide cardholders with access to financial institutions. All cities surveyed for this Report noted that an active community is essential to keeping any program like this going. However, San Francisco and New Haven demonstrate that city governments' engagement is key to ensuring a CID provides a wide -range of services and benefits to cardholders. B. If the City Wishes to Prioritize All Local Residents Having Access to a Community Identification Card Then it Should Recognize a Non -Profit Issued Card The CID program in Mercer County, New Jersey, is the only CID program surveyed for this Report that will issue a CID to a community member who has no other official documentation of identity. Local City and County authorities recognize the CID (along with other official identity documents) for the purposes of accessing local government services. The non-profit issuing the card will accept a letter on official letterhead from a social service organization, faith -based organization, or hospital as proof of identity. This practice ensures that the most vulnerable populations have access to the card —most notably homeless residents. This standard is a stark contrast to the identification requirements of the other cities surveyed for this Report. San Francisco and New Haven require some other form of Identity documentation to issue a CID and will not accept affidavits from social services organizations. Oakland and Richmond have the highest documentation requirements for issuing debit CIDs. Critics of the Oakland CID have noted that it has failed to provide community members with an accessible form of identification because it has overemphasized the financial aspect of the card which requires applicants present a higher level of documentation. The Mercer County CID program does not ensure access to financial institutions as a primary form of identification. The non-profit issuing the card worked with local banks to ensure the CID would function as a secondary form of identification but was unable to get local 49 banks to recognize the CID as a primary form of identification. Of course, if the City worked with local financial institutions to ensure cardholder access to services, a non -profit -issued CID in Iowa City could potentially overcome this shortcoming. The Mercer County CID program also offers the advantage of countywide recognition. The card was first launched and recognized by the City of Trenton and then expanded to the wider local community, which could provide a useful, scalable model for the broader Iowa City/Coralville/North Liberty community in Johnson County. C. If the City Wishes to Minimize Expenditures Then it Should Recognize a Non -Profit- or For -Profit -Issued Card Both the non -profit -issued and for -profit -issued CID program models would require very few expenditures from the City. The CID in Mercer County, the only non -profit -issued CID discussed in this report, is entirely self-sustaining and requires no support from the city or county governments that recognize it. This program runs entirely on application fees and volunteer support. In Oakland, the CID program is run almost entirely by SF Global, a for -profit provider, and the city does not need to expend any funds to issue the card. However, there is some indication that prior to issuing the card in Oakland, city staff expended a significant amount of time on negotiating a contract with SF Global and preparing to implement the program. Either way, these two options will minimize City expenditures. D. if the City Wishes to Maximize the Security of Cardholders' Information Then it May Chose to Recognize a Community Identification Card from a Non -Profit or For -Profit Provider No CID program surveyed for this report has yet had any difficulty safeguarding cardholder information. To preemptively protect information, cities such as San Francisco only keep a limited amount of cardholder information saved on city databases. However, San Francisco has not had any requests for cardholder information to date. New Haven did face a request for cardholder information from the federal government but was able to defend against this request and was successful in protecting cardholder information. According to our analysis, under federal laws, the City should be able to protect cardholder information it keeps on file so long as it does not record immigration -related information. Under Iowa's law governing open records requests, the City should also be able to safeguard cardholders' information it has on file because that information falls into a category of information that is not accessible for request. Namely, the applicants for a CID would be providing information to the City that they otherwise would not be required to do so by law and might not otherwise share with the City if they knew it would be available via an open records request. Therefore, cardholders' information held by the City would not be available for public inspection under federal law or Iowa law. 441 However, CID programs provided by non-profit or for -profit providers can add another layer of protection to cardholder information. Under Iowa's law governing open records requests, information held by a private actor is not available for public inspection. Additionally, the information held by a non-profit or for -profit entity would not fall into a special category of information held by private actors that is nonetheless open to public inspection. Therefore, if the City wishes to maximize the security of cardholder's information to the highest possible levels, it may chose to recognize a card issued by a non-profit or for -profit provider. 51 APPENDw A. NEW HAVEN QUESTIONNAIRE AND RESPONSES223 1. What were the costs associated with initiating your municipal ID program? • Any questions regarding costs should be directed to Lisa Wilson with the Office of Vital Statistics. Contact phone number: 203-946-8085. • Ms. Nieves Winn was in the Vital Statistics office from 2007-2010. 2. What is the overall maintenance cost of continuing to run the ID program? 3. How is your program funded? At startup? Continuing costs? • Not through general funds. Outside sources gave them the money to get off the ground. They solicited to get grarits, it was done through philanthropy. 4. Do you have staff dedicated to this project? At implementation? Now? Yes. It is all handled by the Office of Vital Statistics. 5. What software do you use to create the cards? What was the cost of the software? Are there ongoing licensing costs? • Software Higgins • Contact Kathleen Agid at 203-268-5124 for more information about the software. 6. How are your cards printed? What was the cost of the printer? Maintenance costs for the printer? Printed on site. • Background: they would print in the office, mail it to the applicant (just to verify their address). Proof of residency and documents. They had to confirm their address within 30 days. o Mobile units were used to go out into the community. They would bring laptops and portable equipment, then come back and run it in the office. o They did ID at high schools also: ■ Card would be scanned at the schools using a wand that would bring up their schedule. It was for attendance and to know where they were supposed to be, if they were suspended from school. It was also used in after school programs to make sure they were attended. She did 5 high schools there. 221 Questionnaire conducted by Jordan Moody via telephone with Ms. Ana Nieves Winn of New Haven, Connecticut, on October9, 2013. 52 o They of course also did the Elm City ID card. 7. What are the safety precautions you have taken to make sure no one can counterfeit the ID? • It has an embedded ultraviolent light holograms that are invisible to the eye. 8. Do you keep a database of information containing the cardholder's information? If so, how do you store this information? • The only thing they have Is the information on the card. They don't keep any personal Information. They didn't keep copies of anything. 9. Has the federal government sought to obtain any of this information you have on file? • They have had at one point (can find online) they had a group protesting outside and were making it intimidating, but they overcame that. • They tried to take them to court, but they won. It was a FOIA issue. • We can ask Ms. Wilson or the office of court council Victor Bolden at 203-946- 7951. The suit was brought by a private citizen, last name Pechinski, who tried to stop the progress of the program. • The person representing the city is Cathlene Foster at 203-946-7971. 10. How many ID cards has your city issued? • When it started in 2007, their goal was to reach 5,000 cards issued. They surpassed that goal in 3 months. She's not sure now, but when she left in 2007, it was over 10,000. 11. Do you have any statistics on the demographics of the people who have obtained the community ID card? • No. Ms. Wilson might. 12. What information does an applicant have to present to obtain an ID card? Need two forms of photo ID and proof of residency. o Photo ID can be from country, passport, consulate card, etc. 13. Have there been any issues with people not being able to obtain a card because they could not produce the required documentation? 53 • Absolutely. When she started, a lot of people didn't have documentation, and tried to obtain the card. They were strict on that. So they instruct applicants that they would have to go have it requested from where they were from or have a family member send it to them. 14. What is the process to obtain a card? • Show proof of residency within 30 days from the time you came in. • They mailed it to the address they told them. • They did walk-ins. 15. Has your city had any issues with individuals obtaining an ID by presenting false information? What were these issues? • In the beginning they tried, but it wasn't successful because they were trained. • They had consulates come in and give them training on the way their country's identification cards were like. They also trained them on what to look for as indications of authenticity, and what they would need to look for to catch fraudulent cards. • They also had a book of the countries and what their ID looked like. o Name of book, Ms. Wilson can tell us. • They have, for example, picked up on forged birth certificates, etc. 16. How did your community react to the creation of your ID program? Advocates: Lines out the door and around the block. it has been very successful. • Opponents: Some were against helping Immigrants. They had calls to the office, good and bad, expressing their thoughts on the program. Overall it was a success. 17. Does your police department have a policy on file that directs police in their interactions with undocumented immigrants? • With police, as long as they had the ID, they would not be asked if they were undocumented. It was used for their protection, and this was to encourage interaction with police. 18. Do banking institutions in your community accept the ID card as a valid form of identification? Did the city or issuing authority reaching out to the banks? • Bank of America was using it as a secondary form of ID to open an account. • Star Community Bank accepts it as primary. 54 • 3 other banks (Wilson). 19. What have been some of the major successes of your ID card program? • People open bank account and are not targeted for robberies. • People feel safe reporting crime to police. • It gives a feeling of belonging because it gives access to library. Also given to load money to use at parking meter of garage. • Subway, jimmy hip hop, several doctors, optometrists (she did a lot of marketing), furniture, chiropractors, driving schools, restaurants, laundromats, car dealership (used ID to get discount, like 500 off used,100 new car). o She went out and these companies would give a 10 percent discount. • Access to parks, city golf course, city dump. • The card also contains emergency contacts and allergies, this is especially good for kids. 20. What have been some of the issues that came up after implementation that you did not foresee? • Did not have any issues that became anything substantial. 55 APPENDIX B: SAN FRANCISCO QUESTIONNAIRE AND RESPONSES' 1. How was your community ID initiative started? • Community -based organization and advocacy. County Supervisor sponsored local ordinance. 2. What were the costs associated with initiating your municipal ID program? • Total cost of $828,000, including hardware, software, professional services, Initial supply of cards, licensing, first year staffing, and maintenance. 3. What is the overall maintenance cost of continuing to run the ID program? • Annual budget for ID card program is $350,000 4. How is your program funded? General fund. At startup? General fund. Continuing costs? General fund and revenue from issued ID cards. 5. Do you have staff dedicated to this project? No. At implementation? No. Now? 2 staff dedicated to processing applications and printing ID cards. 6. What software do you use to create the cards? Customized proprietary software. What was the cost of the software? Approx. $60,000. Are there ongoing licensing costs? Yes. 7. How are your cards printed? Card stock is secure printed. Personal information and photo are laser engraved. What was the cost of the printer? $140,000 Maintenance costs for the printer? $2,500 as needed service. 8. What are the safety precautions you have taken to make sure no one can counterfeit the ID? • Covert and overt security features on ID card, biometric scanner, and laser engraving. 9. Do you keep a database of information containing the cardholder's information? Yes, limited Information. If so, how do you store this information? On a dedicated server. 10. Has the federal government sought to obtain any of this information you have on file? • No. 224 Questionnaire conducted by Jordan Moody via email with Jennifer Hong Yee, Director of the San Francisco County Clerk's Office on October 11, 2013. 56 11. If so, what was your response? How did that resolve? Do you have a policy on file to address this scenario if it arises? 12. How many ID cards has your city issued? • 19,000 13. Do you have any statistics on the demographics of the people who have obtained the community ID card? • No. 14. What information does an applicant have to present to obtain an ID card? • See website. 15. Have there been any issues with people not being able to obtain a card because they could not produce the required documentation? • Yes. 16. What is the process to obtain a card? • Make an appointment, arrive promptly for appointment, present acceptable proof of identity document(s), and proof of SF residency documerrt(s), take photo, capture digital signature, verify ID card produced Is accurate, and pay fees 17. Has your city had any issues with individuals obtaining an ID by presenting false information? CW,l>! 18. How did your community react to the creation of your ID program? Advocates: Supportive. Understood that not every person will be able to meet the requirements for the ID card. Opponents: None. 19. Does your local police department accept your ID as a valid form of identification? 57 • By law, the SFPD is required to accept City ID card as primary proof of identity unless 1) they believe the person holding card is not person identified In card, or 2) they believe the County Clerk issued the ID card inappropriately. 20. Does your police department have a policy on file which directs police in their interactions with undocumented immigrants? • Our office does not prescribe policy for undocumented immigrants. 21, Do banking institutions in your community accept the ID card as a valid form of identification? • Some financial institutions participating in "Bank on SF" accept as a form of ID. 22. Did the city or issuing authority reach out to the banks? • Yes. During project scoping, several sessions with financial institutions and the SF Treasurer were held. 23. What have been some of the major successes of your ID card program? • ID card program has been operating since January 15, 2009. There have been no legal or other challenges to the program. Card has not been counterfeited. Program and system prevents persons attempting to apply for multiple IDs under different names. 24. What have been some of the issues that came up after implementation that you did not foresee? • None. 58 APPENDIX C: MERCER COUNTY, NEW JERSEY QUESTIONNAIRE AND RESPONSES 1. Please tell me more about how LALDEF created the Tremendously Trenton Coalition (TTC) to initially issue the Trenton community identification card. What groups were the initial founders of the organization? How do they work together to issue the Trenton community IN In 2008, we spearheaded the creation of the TTC, a partnership of faith -based, civic, and municipal organizations with the dual purpose of serving as a catalyst for the Integration and acceptance of immigrants in the city, and of developing emerging Immigrant leaders. (See list below for organizations). The Community Photo ID Card Program was launched in Trenton in 2009, in order to strengthen ties among residents of Trenton, and allow members of certain traditionally excluded populations to acquire a photo ID which allows access to basic services and facilitates the work of emergency responders when encountering victims of accident or crime. Those who benefit from this ID include the homeless, immigrants, teenagers, the elderly, low Income families and anyone who has had difficulty obtaining a photo ID though other means. Furthermore, the photo ID Imparts on them symbolic recognition as members of the community. The initial idea came from a similar project developed in Asbury Park. The coalition members had been working closely with the Trenton PD previous to this project, to help educate and establish communications with the immigrant community, so this project was a natural transition. 2. Did TTC work with city officials at the initiation of the Trenton community ID program? How so? Yes; obtaining official recognition from the Trenton Police Department was vital to the success and credibility of the Community ID Card. The Trenton Police Department assisted us in setting up a formal protocol to verify an applicant's identity and residence, and the documentation that we could accept. Their recognition of the value of the card in fostering community policing, and their support from the beginning of the project eased the way for other law enforcement agencies to accept the card. We recommend that securing buy -in from the local police department be the first step for any organization looking to duplicate the Community ID model. 3. What were the costs associated with initiating the Trenton community ID program? The initial expenses of the program were a set of donated, used laptops, ID making software, ID printer, blank cards and ribbon cartridges; all together approximately $2,000. We recouped our investment within a month, charging $10 a card. This is a self -financed project. 225 Questionnaire conducted by Erin Fleck via email with Maria Juega, Executive Director of the Latin American Legal Defense and Education Fund on October 18, 2013. 59 4. What is the overall maintenance cost of continuing to run the Trenton community ID program? To satisfy the demand, we purchased 2 additional laptops and more used laptops printers at a cost of a little over $3,500. Blank cards, ribbon cartridges and occasional maintenance are the only ongoing expenses to maintain the program, which are covered by the cost of the ID cards; $10 for adults and $5 for minors. We spend about $70 on each ribbon cartridge (200 cards x cartridge approx..), and $40 for 500 blank cards. We are able to maintain our cost down due to a committed group of volunteers who give their time and skills to issue the Community ID Cards. The life of our printers may be coming to an end, after 4 years of use, and we may have to start replacing them. 5. How was your program funded at its inception and what were the start-up costs? The program was initially funded from LALDEF cash reserve. See answer for 03 regarding start-up cost. 6. What are the costs to continue running the program? See answer for Q4. 7. Do you have staff dedicated to this project —either at implementation or now? As mentioned above, our program is run by a group of dedicated volunteers, however the Executive Director or Program Manager are often on site when the Community ID Cards are issued in case of any questions or doubts. 8. What software do you use to create the cards? CardFive Vision is the computer software that we use. 9. What was the cost of the software and are there ongoing licensing costs? The software was $400, with no ongoing licensing cost. 10. How are your cards printed? We use the Fargo C30e photo ID printer to print cards (now discontinued). 11. What was the cost of the printer and are there ongoing maintenance costs for the printer? m The retail cost of ID printers is between $1,000 to $3,000, and typically come with a one or two-year service plan/warranty. Repairs after the warranty runs out can cost $200-$500. 12. What are the safety precautions you have taken to make sure no one can counterfeit the community IN Only a handful of people who are authorized to issue the ID have access to our Community ID Card template. There is no real threat that the Community ID Card will be counterfeited; if someone Is going to go through the trouble of falsifying documents it will be for something recognized across the state or country. 13. Do you keep a database of information containing the cardholder's information? If so, how do you store this information? The only information we maintain from cardholders is basic non -personal information for the purpose of statistical reports, which does not include their photograph, name, date of birth, address, height, weight, medical information or emergency contact. The Information is kept with all of our client's information in our password secured database in our main office. 14. Has the federal government or any other group sought to obtain any of this information you have on file? No. 15. If so, what was your response? How did that resolve? Do you have a policy on file to address this scenario if it arises? All volunteers and staff have signed a confidentiality agreement which prohibits the sharing of any information acquired by our office to anyone or any other agency, unless authorized by the Executive Director or Board of Trustees of LALDEF. Furthermore, if anyone involved (past or present) Is subpoenaed they are required to notify the Executive Director or Board of Trustees of LALDEF in writing, along with a copy of the subpoena received, per the confidentiality agreement. 16. How many community ID cards have been issued to date? More than 5,500 Community ID Cards have been issued to date. 17. Do you have any statistics on the demographics of the people who have obtained the community ID card? 61 Yes; The Community ID Card has been issued to Immigrants of more than 30 different countries, across all continents. Approximately one of every 10 applicants is U.S.-born. Majority of applicants are between the ages of 26 to 35. Overall, the Community ID Card has been obtained by more men than women. < 13 years ! 1.8% 14-18 years 2.0%— — 19-25 15.2% 26-35 'i 39.6% 36-45 i122.9% 46-55 i 12.9% 56-65 1 3.8% 66-75 Y 1.1% li Male 1162% I > 75 vears i 0.4% ° Female p, 38% 18. Have there been any issues with people not being able to obtain a card because they could not satisfy the documentary requirements? Yes, this is most common with the homeless population, although on occasion we have residents who have lost or have had all their identification stolen. In such cases, we accept affidavits from faith -based and social organizations, as well as hospitals. We require the affidavits to be on letterhead, with the appllcanYs name, date of birth, and address as it appears on their records. 19. Has your city had any issues with individuals obtaining a community ID by presenting false information to the issuing entity? What were these issues? We rarely deal with applicants who present false documentation. To ensure that documentation that is being presented is true we have two resource books to every International and out of state identification, along with an ultraviolet -light pen to Identify security features. When we do detect a questionable ID we politely decline to Issue the card, and ask the applicant to come back with alternate documentation. 20. How did your community react to the creation of your community ID program? a. Advocates: I-% • The Community ID Card extends acceptance to traditionally marginalized population to the general community, • Allows access to basic municipal, social and health services; • It builds trust between community and law enforcement; and • Emergency respondents have contact information for anyone who requires assistance and cannot speak for themselves due to injury or language barrier. b. Opponents: • The Community ID Card encourages undocumented people to remain the community; and • It interferes with federal immigration policy. 21. From what I have read, I know the Trenton Police Department and other city police departments in Mercer County accept these community identification cards as valid. Can you please tell me about the process of bringing this about? We initially issued the card under the brand name 'The Trenton Community ID Card". After a year, we had issued more than 1,000 cards without incident, we proposed to do the same in Princeton, where the local police and municipal authorities were very supportive. In 2010 we started talking to other police departments in the county, who were able to verify our track record in Trenton and Princeton and also thought the card would be useful in their respective jurisdictions, so we re -launched the card under the current brand name "The Mercer County Area Community ID Card." Did TTC work with the Trenton Police Department from the inception of the card? See answer to Q2. How did the use of the ID card spread to other city police departments? See above. 22. Does the Trenton police department have a policy on file which directs police in their interactions with residents to ensure all persons including undocumented immigrants feel safe contacting the police for assistance? Yes, former Mayor Doug Palmer Issued an Executive Order to that effect in 2009. It is our understanding that Trenton police officials are under orders not to ask residents about their immigration status, unless it is in connection with a felony. Furthermore, the police department's recognition of the Community ID Card shows a level of commitment and recognition by the police of the immigrant community, encouraging 63 trust in police officers and reporting of crimes that they have been a victim of or have witnessed. 23. Do banking institutions in your community accept the ID card as a valid form of identification? If so, how did this come about? Yes, but only as a secondary form of identification. This collaboration came about through meeting with local banks to explain the Community ID Card program, our protocol to ensure that the information is accurate, and that this was a program that benefited everyone, including the banks. 24. What have been some of the major successes of your ID card program? The ability to extend the Community ID Card outside of Trenton to the Mercer County area, it is now recognized by the Offices of the Mercer County Sheriff and Prosecutor, as well as four other police departments, aside from Trenton. The reason the program has been running for as long as it has, and expanded to a county level is the real need for it. However, this is not something that we are particularly pleased about as it signals that there is a large marginalized population. 25. What have been some of the issues that came up after implementation that you did not foresee? We were Initially overwhelmed by the demand. Had to turn people away and create a waitilst that reached over 400 people. We now are able to deal with a steady flow of applicants in our two locations which number between 80-100 people a month. We have also partnered with a local church which issues the cards in a third location, once a month. We are still unable to completely address requests from the Hightstown/East Windsor area of the county, where we go 3 or 4 times a year to issue cards at a church or the public library. 64 TREMENDOUSLY TRENTON COALITION: CHANGE —Committee for Hispanic & Immigrant Students Colombian Civic Association Costa Rican Civic Association CVS Pharmacies Dominican Civic Association Ecuadorian Civic Association Guatemalan Civic Association Hispanic Parade of Mercer County Iglesia Pentecostal Asamblea de Dios La Casita Legal Services Latino Merchants Association Living Hope Church Liberian Community Association of Central NJ Mercer County Hispanic Association (MECHA) Mercer County Prosecutor's Office Mercer County Sheriffs Office Mexican Civic Association St. Joseph's RC Church Trenton Fire Department Trenton Police Department Trenton Public Schools Westminster Presbyterian Church 65 APPENDIX D: RIcHMOND QUESTIONNAIRE AND RESPONSES226 1. First, I have emailed Oakland and haven't heard back, is there a contact in Oakland that you know of whose information you can pass to me? • Contact information will be emailed. She will do an introductory email. 2. To be clear, any software, printing, administering costs, etc. • That is all done by SF Global. She will pass their contact information. 3. How was your community ID initiative started, before City Council signed off on it? • Community groups were interested, this happened years ago and residents started getting behind the idea. Mayor's assistant would know the beginnings of the program. Contact said she'll do an introductory email for her too. • She believes it was a group that formed over the issue. They brought the issue to the mayor and council member, who in turn sponsored the proposition. 4. Why did you choose to go with a 3'd party vendor? Because city council wanted a 3'd party administrator from the beginning. One of the city's major requirements was that that there would be no cost to the city. Contact was aware that San Francisco does it themselves, and it costs them a lot of money. Private information would be more protected. • Contact said that the cost is a major benefit of going with a Yd party vendor. She said that they had learned from San Francisco's high cost to start and run their program. They wanted someone else to take the cost. • They felt that having a 3rd party handling the program also lowered potential liabilities for the city. • Public records requests would be avoided if they went through a private vendor. The card can also function as a pre -paid credit card. The debt card function was only possible with a 3rd patty's assistance. One of their major priorities was to help the unbanked. To have that they needed someone working with a bank. SF Global (the 3rd party vendor they chose) has been around for a while and they were around before they brought this idea to the table. • SF Global is still relatively small. They have just two clients in the U.S. - Richmond and Oakland. 226 Questionnaire conducted by Jordan Moody via telephone with LaShonda Wilson, Management Analyst in the Office of the City Manager of Richmond, California, on October 15, 2013. m • Client also mentioned that she received phone calls from Homestead, FL. They actually did a visit to hear about the program. She also said that the city of Los Angeles looking at their methods. o She can put me in contact with SF Global. a SF Global's goal is for a lot of other cities to do this and to expand their Influence In the financial market. • She will put me in contact with: o Arturo Sanchez of Oakland. o Nicole Valentino at mayor`s office In Richmond, o Paula Takash of SF Global. 5. What are the safety precautions you have taken to make sure no one can counterfeit the ID? • Answered on city's website. Ordinance § 2.64.090 Counterfeit and Fraudulent Cards. 6. Do you keep a database of information containing the cardholder's information? If so, how do you store this information? Answered on chy's website. Ordinance Section 4 Third party Administrator Selection § (B) 7. Has the federal government sought to obtain any of this information you have on file even though they are only with banks? • She said that was not an issue for them because they are going through a 3`d party private vendor. • Their police understand the city Is a sanctuary city, "maybe not technically, but they function as one." • It is a bank that is issuing the actual card. They are the ones who have the information, and ICE can't get bank information. • Their police have the basic information that has gone Into a database that is made available by the third party. The police only use it to access basic information just to verify who they are, and that they are who the card says they are. • Privacy has been a concern for people in Richmond, which Is why they set it up this way. • They don't have their own database, they just have to access a database hold by a P party vendor. It's not just for the undocumented, there are other groups that are unbanked and this rules out the risk of a general information request based on criminal activity. 67 • They are also trying to connect to local merchants to get a 5% discount with use of the card. • In the Contract with SF, it states that SF Global will reimburse their city employees for time spent on the card (afterthe contract entered into). • City isn't making any money SF makes all the revenue and bears the expenses. • Even phone calls like this will be reimbursed by SF Global when the program is running. For the time being, she is working for the city. The contract is planned to be final before the end of this year. 8. How many ID cards has your city issued? • None yet. They started with Oakland's contract. They based their resolution modeled on the resolution passed in Oakland. They are hoping for the contract to be final by November 1, 2013, then SF Global requires 60-90 days to get things going. They are looking to issue their first card in January or February of 2014. City Council started this whole process in 2011. 9. Do you have any statistics on the demographics of the people who have obtained the community ID card? • That's all SF Global. We don't know. 10. What information does an applicant have to present to obtain an ID card? Answered on city's website. Ordinance § 2.64.030 Applications 11, What is the process to obtain a card? Answered on the slide presentation on their website. 12. How did your community react to the creation of your ID program? • Advocates: There are a lot of people, unquestionably the majority, that support the program here. • Opponents: She hadn't heard of anyone. One council meeting, there were a few concerned that we were giving ID to undocumented, they had their opinions about helping undocumented people, this was a very small number. The proposition was unanimously passed by city council. 13. Does your local police department accept your ID as a valid form of identification? M— Answered on city's website. Ordinance Section 4 Third party Administrator Selection § (B) 14, Does your police department have a policy on file which directs police in their interactions with undocumented immigrants? • Answered on city's website. Ordinance Section 4 Third party Administrator Selection § (B) 15. Do banking institutions in your community accept the ID card as a valid form of identification? Did the city or issuing authority reach out to the banks? • It is a MasterCard. You can choose to activate the prepaid debit portion, but you don't have to. Cardholders then have to put money on their account. There are fees there, and that Is where SF is making some of their money. They can do direct deposit with their work. They can use the card anywhere MasterCard Is accepted. Members of the community are used to paying a small check - cashing fee on all of their checks, this will help them avoid that extra cost. This makes them less vulnerable to robbery also. 16. What have been some of the major successes of your ID card program? • It has been great that the council and the mayor heard the voice of the community that they heard what was of interest to the community. They saw a need, and they are meeting it. • Also, they are very happy with their execution of their contract. It was great that the city made sure that a variety of people from the city were present. Police, IT, Library, recreation, finance. All these people making sure we're taking everything under consideration. The collaboration on the city level has been great. 17. What have been some of the issues that came up after implementation that you did not foresee? • Takes so long. It has taken year to get to where they are now. They have been learning along the way and it is taking time. Realistically, they could have shaved months off of the time it has taken maybe, but it took the time that it takes to do it right. • For us, if we decided to go to SF Global, the contract will be tighter and it will be easier to take the contract and just make small tweaks. She was confident that we would not have to go through the whole process they did. Now other cities will have examples of what implementation requires. She also mentioned that SF Global will learn howto work with city more efficiently. m But yes, the time it has taken is frustrating some residents. 70 APPENDIX E., OAKLAND QUESTIONNAIRE AND RESPONSESz27 1. How was your community ID initiative started? • In 2008, city council was interested in starting a program like other cities had done that addressed the needs for the undocumented population. The need mostly arose from them being a "sanctuary city" and seeking to help build rapport and a bridge of trust between police department and the undocumented community. From there, they decided they wanted to do a program, but the city couldn't afford it (estimated $2.5 million and half a million In costs every year after that). They then decided to do an RFQ for a 3rd party vendor. A local debit card with identification capabilities was proposed because of the well-known issue of excess money lack of safety for the unbanked. 2. Why did you choose to go with a 3rd party vendor? • It was the only way to do it for us. Cost was the major driver, and we also knew that many didn't have banking abilities. City council wanted banking because of unbanked. In Oakland, there is a predominantly African American community that does not have access to any traditional banks. They were paying a lot of money to cash their checks and have access to their money. We saw that a third party vendor would solve all of these problems with one card. 3. What can you tell us about SF Global as a company? We found them through an RFQ. They bid against one other company, and we were their first client in the U.S. They have been good partners, they meet frequently to talk about the program and reducing fees which is a goal of the administration. We have a good partnership with them. Their office is right across the street so we are able to meet often. • The downsides have been that people have been disappointed with the long process and the fees were also higher than they wanted them to be. But along the way, they have dealt with the hiccups well. The one major issue is the relatively high fees, but that is being fixed as more people get the cards and the fees are decreased. Richmond is their second client here, and they should have a smoother ride than we have. 4. Have there been any legal challenges to your ID program? No. 227 Questionnaire conducted by Jordan Moody via telephone with Arturo Sanchez, Assistant City Administrator, Oakland, California, on November 11, 2013. 71 5. If so, what was your response? How did that resolve? Do you have a policy on file to address this scenario if it arises? • Because they aren't managing the card, all we did was licensing out our name and logo, our image and name to SIP Global, and as part of that licensing agreement, they had indemnify the city of liability. This is a common practice if one side licenses out a name, then the other side will defend your name. 6. How many ID cards has your city issued? • At this point 4,900. 7. Do you have any statistics on the demographics of the people who have obtained the community ID card? • We have generic statistics, age, area they live in, no demographics. They are signing up for a banking service and IVs protected. • Surveys have been mostly focused on age, gender, area, etc. for marketing purposes. 8. How did your community react to the creation of your ID program? • Advocates; oThey wanted the program more accessible and for it to be rolled out faster. Identification has to be verified and that is frustrating to some people because they don't always have access to that kind of documentation, They need IDs, and some people don't have them. This Is by ordinance, but also baking law, so there isn't really a way around that. • Opponents; o There haven't been many against it. 9. Does your local police department accept your ID as a valid form of identification? • Yes 10. Does your police department have a policy on file that directs police in their interactions with undocumented immigrants? 72 • They are a sanctuary city. Law enforcement recognizes the card for identification purposes. 11. What have been some of the major successes of your ID card program? • 4,900 is a great number to hit. Our goal was 5,000 at this point for the first year, but we really expected that they would have just 3,500, so this has been a great number to hit for us. • Use of the card has been good. Highest volume user is an older African American man (they thought it would be immigrants that used them the most). That means there are a subset of people with this need that we didn't anticipate, and that was a good surprise for us. 12. What have been some of the issues that came up after implementation that you did not foresee? • High fees. • Marketing is slow with the city, this needs to improve. We need to do publications, posters, radio, getting information out there. No trainings done yet. 13. Is there anything we haven't covered that you think would be helpful for us? • You need a strong licensing agreement with third party if that's the path you choose. • The contract should also include an agreement to lower the fees as you go along as your increase users. • You also need to put In place an effective problem -solving policy and procedure that dictates who is the decision maker. • Also, make sure that in the agreement, you have authority as a city to approve or disapprove marketing materials. 73 APPBNDD{ F: SF GLOBAL MBMORANDUe' To: Professor Elias From: Jordan Moody Date: 10/28/2013 Re: Interview with Paula Cruz Takash of SF Global on October 25, 2013 Dr. Cruz Takash is a UCLA research developer who then started SF Global outside the university. SF Global is the third party vendor for Oakland, CA. Oakland is SF Global's first client in the U.S. Doing this kind of work (like the work they do with Oakland) requires checking of documents. Normally, banks don't want to do this, and that is where a company like SF Global comes in. Dr. Cruz Takash is also a city commissioner of Los Angeles, and the President of the HR division of Los Angeles. She was also put in charge of the ID taskforce for Los Angeles. Dr. Cruz Takash asked if we had active community groups that wanted a community ID to happen. She said that, based on what she has seen in other cities, it is extremely important that community groups, churches, and small businesses stay involved. She said that a city can often times not sustain the pressure that these programs require, and that they need help from community groups. She has a lot of information she wants to send us. Then we can pull out documents that they will find useful. Some will be dated. She said that SF Global have clients internationally. They focus on low cost banking. They work with micro banks. Oakland city is the domestic application of their business model. Oakland currently has 4,000 applications for IDs being processed. She asked what we knew about information requests in Iowa. 1 told her a short version of what we knew. She shared that FOIA request largely failed in New Haven because, based on evidence, the court found that a granted FOIA would have put the applicants in danger. To combat information requests, SF Global marries the ID card to a banking product. A prepaid debt card, by marrying to a banking product (FDIC secured banks), it comes under federal banking regulation. Applicant's information is not accessible because of the 1978 Financial Privacy Act Information Dr. Cruz Takash may send via email for further investigation: They do presentations to cities and organizations. She will send FACland responses. 228This Memorandum is the result of Jordan Moody's Interview with Paula Cruz Takash of SF Global on October 25, 2013. 74 Robert (couldn't remember last name at the moment, but said it was likely Professor Elias's Clinical Professor) went to UC Irvine and there did research on liability to the city. This research was done by UC Irvine and was given to the city of Richmond. The report was presented to Richmond city council. She has all of that documentation and will send it. A diagram that shows specific security features. It's also a MasterCard which has a hologram that is near impossible to duplicate, There is also a section where community groups prepared PowerPoints. What the actual fees are included. More clients will drive the prices down. Financial services offered by the card are optional for card holders. Even if financial services are not used, applicants are still protected under the privacy act provision. A report answering "How do you support the ongoing program?" They included a Pew report following the unbanked. 52 of most popular prepaid cards. They took that comparison and then compared their pricing that is part of this information. Also has news articles that show how to use community groups. They have the materials that Richmond used. Groups in Richmond formed a coalition and sent out members to go talk to PD, city officials, etc. Staff reports to city council Richmond, Oakland, Los Angeles. Richmond and Oakland went through an ordinance adoption. LA went through a committee, then put it before the council, so it didn't go through the resolution ordinance process. LA had to do this because of public backlash. 75 APPENDIX G: EXAMPLE OF COMMUNITY IDENTIFICATION CARD SURVEY Community Identification Card Survey A community identification card is a card issued by or recognized by a local government entity like a city or a county. It is not used as a driver's license or as documentation used to vote. A community identification card identifies the cardholder as a member of the community. The cardholder can then potentially use the card to access to services in the community regardless of immigration status or age. 1. The community identification card could hopefully provide numerous benefits to the community. Please rank the importance of the following potential benefits and services a community identification card might provide: a. Using it as a form of identification used to access pharmacy services including behind the counter medicines: 1.) Not important 2.) Important 3.) Very Important b. Using it as a form of identification used to access medical services or emergency room services: 1.) Not important 2.) Important 3.) Very Important c. Using it as a form of identification used to setup utility accounts with the City of Iowa City or other provider: 1.) Not important 2.) Important 3.) Very Important d. Feeling part of the city and part of the downtown: 1.) Not important 2.) Important 3.) Very Important e. Using it to present as an acceptable form of identification to law enforcement: 1.) Not important 2.) Important 3.) Very Important f. Using it as a form of identification used for visiting persons held in the county jail:... 229 Please note that questions 1(f) and 1(g) were switched in the Spanish language translation of the survey. In the Spanish language version of the survey, the question about bank access was question i(f) and the question about 76 1.) Not important 2.) Important 3.) Very Important g. Using it as a form of identification used to access bank or credit union services such as opening an account: 1.) Not important 2.) Important 3.) Very Important h. Using it as a form of identification used to access the homeless shelter: 1.) Not important 2.) Important 3.) Very Important i. Using it as a method of paying for parking meters or bus fare: 1.) Not important 2.) Important 3.) Very Important j. Using it as a library card: 1.) Not important 2.) Important 3.) Very Important k. Using it as a recreation services card entitling you to access swimming pools and other recreation facilities: 1.) Not important 2.) Important 3.) Very Important 2. Would you use a community identification card? a, Yes b. No 3. If the city or county issued the identification card the information you provided to obtain the identification card could potentially be requested by independent groups or government agencies. Would have concerns about this? a. Yes b. No 4. If you would have concerns. How serious are they? 1.) Not serious 2.) Serious 3.) Very Serious jail access was question 1(g). Since the majority of the surveys were completed in Spanish, the final calculation of responses in Appendix H follows the Spanish language question order. 77 APPENDIX H: RESULTS FROM COMMUNITY IDENTIFICATION CARD SURVEY2" Frequency Table Survey Answers Not important =1, Important =2 Very Important = 3, No answer = 4 Question 1(a) Pharmacy Services Code Response Item Frequency Percent 1 Not important 3 1% 2 Important 34 15% 3 Very important 195 84% 4 No response 1 0% 233 100% Question 1(b) Medical Services Code Response Item Frequency Percent 1 Not important 0 0% 2 Important 29 12% 3 Very Important 203 87% 4 No response 1 0% 233 100% 23" With the assistance of the Center for worker Justice, the authors gathered 233 surveys submitted in large part to the Latino and Sudanese community in Iowa City. Erin Fleck compiled this data into an Excel document to calculate the frequency of responses. 78 Question 1(c) Utility Accounts Frequency Percent 1 Not important 0 01YO 2 Important 30 13% 3 Very important 202 87% 4 No response 1 0% 233 100% Question 1(d) Feeling Part of the City Frequency Percent 1 Not important 3 1% 2 Important 35 15% 3 Very important 195 84% 4 No res onse 0 0% 233 100% Question 1(e) Law Enforcement Frequency Percent 1 Not important 1 0% 2 Important 12 5% 3 Very important 218 94% 4 No response 2 1% 233 100% Question 1 f Bank Access Frequency Percent 1 Not important 3 1% 2 Important 31 13% 3 Very important 197 85% 4 No response 2 1% 233 100% t1:1 Question 1(g) Jail Access Frequency Percent 1 Not important 8 3% 2 Important 39 17% 3 Very important 176 76% 4 No response 10 4% 233 100% Question 1(h) Homeless Shelter Access Frequency Percent 1 Not important 11 5% 2 Important 43 18% 3 Very important 176 76% 4 No response 3 1% 233 100% Question 1(i) Paying for Parking and Bus Frequency Percent 1 Not important 19 8% 2 Important 47 20% 3 Very important 159 68% 4 No response 8 3% 233 100% Question 10Library Card Frequency Percent 1 Not important 16 7% 2 Important 56 24% 3 Very Important 157 67% 4 No response 4 2% 233 100% F-161 Question 1(k) Recreation Services Frequency Percent 1 Not important 20 9% 2 Important 52 22% 3 Very important 142 61% 4 No response 19 8% 233 100% Q2 Would you use a Community Identification Card? Frequency Percent 1 Yes 210 90% 2 No 14 6% 4 No response 9 4% 233 100% Q3 Would you have privacy concerns? Frequency Percent 1 Yes 117 50% 2 No 103 44'/6 4 No response 13 6% 233 100% Q4 How serious are your privacy concerns? Frequency Percent 1 Not serious 90 39% 2 Serious 31 13% 3 Very serious 68 29% 4 No response 144 19% 233 100% 81 APPENDIX I: MEMORANDUM OF INTERVIEW WITH F REDERICK NEWELL MEMORANDUM To: Professor Elias From: Erin Fleck Re: Report of Meeting with Frederick Newell, Founder of the Dream Center Date:10/17/2013 I met with Frederick Newell on Thursday, October 17, 2013, at 1:00 PM. The meeting lasted approximately thirty minutes. As background, when the Dream Center started its first program offered to the community was a class to assist fathers in learning the skills of successful fatherhood. Since then the youth programs have taken off and become the focus of the Dream Center. To date they have about 130-150 students enrolled in their various programs. The Dream Center offers sports programs but it requires that youth maintain a 3.0 GPA to participate in these events. If the student falls below the standard, then he may attend tutoring four days a week and continue to participate in the sports programs. Mr. Newell formed the Dream Center in response to seeing a lack in institutional support for families in Iowa City. For example, he did not see that the Neighborhood Centers of Johnson County (NCJC) and United Action for Youth (UAY) were offering programs to make families independent of their services. He also looked to his own family and saw how his father's lack of engagement caused conflict and stress. In response, the Dream Center is aimed at addressing making the family a success and eventually independent from certain social services. Mr. Newell continues to work in, I believe, social services and operates the Dream Center as his second full-time unpaid job. In forming the Dream Center and continuing its operation, Mr. Newell has worked in partnership with the Neighborhood Centers of Johnson County, United Action for Youth, the Iowa City Department of Parks and Recreation, Worker Justice Center, and the Consultation of Religious Communities. The Dream Center has worked specifically with the Iowa City Department of Parks and Recreation regarding its requirement of a rec center identification card. Mr. Newell was and is concerned that the rec center card requirement prevents youth from accessing the rec centers. He mentioned that it is hard for a child or a teenager to keep track of cards or identification. Mr. Newell is concerned that an id requirement to access resources such as the rec center will cut kids off from accessing these important spaces. He has worked with the Iowa City Department of Parks and Recreation to try to make sure all children who want and need access to the rec centers may access them without a card. Mr. Newell has a rec center card for the Dream Center and can use this card to get kids into the rec centers for program sponsored events. However, this does not eliminate the concern of 82 individual access. He also mentioned that the $5.00 replacement cost for a rec center ID is major barrier for youth. Taking all of this into account, Mr. Newell is, to a certain extent, skeptical of a community identification card. He is concerned that like the rec center card, a community identification card could place a barrier between youth and accessing services to which they need and want access. He could see how the card would then become a requirement and therefore a hindrance to youth access. He was also concerned that police in their Interactions with African American youth would begin demanding a community identification card. Mr. Newell stated that he did not think youth should be required to have this form of identification. He also wondered if the community ID card would really add much benefit to African American youth. He said many of them can get non -operator's identification cards if they need them. He thought that youth as young as twelve had access to this program. I can look into this and find out more about youth access to non -operators' cards. Mr. Newell was also concerned that if a community ID were available, that the issuing authority would require a voucher from parents. I looked into DOT requirements for issuing a non - operator's card to youth under 18 years of age and it appears that a form must be signed by a parent and notarized before the DOT will issue a card to a person under 18. 1 believe this is what Mr. Newell referred to. Mr. Newell pointed out that there are many parents who have to work two shifts to make ends meet and this type of requirement would be difficult for parents to meet. Ultimately, Mr. Newell believes a community identification card could benefit youth and he would support it for the betterment of Iowa City as a whole so long as his concerns are addressed, He does think that youth could benefit from having one card to access all services — primarily rec centers and public library —so that they do not have to keep track of multiple cards. As coalition building, he would also support it as a benefit to undocumented persons in Iowa City. However, he was concerned that the City of Iowa City or other government agency could abuse the card as a way of identifying undocumented persons. I told him that part of our report will address the concern of privacy of information. At the end of our meeting, I asked Mr. Newell to recommend other people in the community I should talk to about our project. He said, first, that we should talk to the youth at the Dream Center to directly hear what they have to say. I told him that we could potentially do a presentation or meeting with Dream Center youth to get their input. He thought this was a great idea and told me to get in touch with him about it if we would like to pursue this idea. He also recommended that I speak with Matt Moran, the Director of Iowa City Department of Parks and Recreation. He said that Mr. Moran is particularly interested in combining city services into one card. Mr. Newell also recommended that I speak with Jim Throgmorton who is currently on city council and that I speak to city council candidates Kingsley Botchway and Royceann Porter. 93 APPENDIX I: MEMORANDUM OF INTERVIEW WITH LINDA KOPPING MEMORANDUM To: Professor Elias and Erin Fleck From: Jordan Moody Date: Oct. 14, 2013 Re: Meeting with Linda Kopping, Coordinator of Johnson County Senior Center met today with Linda Kopping, Coordinator at the Senior Center. I first gave an introduction of our project and told her that I was there to gauge demand among members of the Senior Center. I let her know that we wanted to make sure that members of the Senior Center were represented in our research. She reported that the Senior Center deals with the active elderly of Johnson County, almost all of them hold current driver's licenses. She did report that there are certain members that are homeless and she has observed that they do lack a valid form of identification often times. She also mentioned the potential demand of older community members than those found at the Senior Center. She gave her own mother as an example. She no longer has a driver's license, and therefore has no valid form of ID and cannot register to vote. She reported that many older people that relocate would have a problem registering to vote. She also mentioned that her mother probably would not get a CID if it were too hard to get, and it would depend on what documents she needed to provide in order to receive a card. She recommended that I speak with Bob Welsh, and that he might be interested in weighing in on a project like this one. Agenda Item4b Stefanie Bowers From: Jewell Amos <jewellamos@gmail.com> Sent: Monday, February 10, 2014 1:14 PM To: Stefanie Bowers Subject: donation policy Policy about requests from organizations and agencies asking for donations: The ICHRC can donate funds to organizations and agency that partner with the ICHRC in providing such things as organizing and facilitating educational public forums or Planning programs and activities designed to eliminate racial, religious, cultural and other intergroup tensions including but not limited to sex, color, creed, disability, gender identity, sexual orientation, marital status, age, and national origin. Jewell Amos, Chair Iowa City Pride 319-931-1092 Iowa City Pride C/o WRAC Madison St. Iowa City, Iowa 52245 www.iowaciWride.com Agenda Item 5di Stefanie Bowers From: Stefanie Bowers Sent: Thursday, January 23, 2014 10:57 AM Subject: Follow Up From Commission Meeting Attachments: 12 10 13 Approved Board Minutes.pdf Following up from the Commission meeting held on Tuesday, January 21, 2014 please see the attached minutes from the ICCSD Board the item is on the bottom of page 5 and highlighted in yellow. It was voted on and adopted on December 10`n Stefanie Iowa City Community School District Educational Services Center Stephen F. Murley Superintendent of Schools 1725 North Dodge Street - Iowa City, IA 52245 0 (319) 699-1000 . Foe ;319) 698-1009 = AR .iowacityschools.org REGULAR BOARD MEETING TUESDAY, DECEMBER 10, 2013— 6:WPM EDUCATIONAL SERVICES CENTER — ROOM 242A 1725 NORTH DODGE STREET. IOWA CITY, IOWA 52245 Minutes Members Present: Patti Fields, Sally Hoelscher, Brian Kirschling, Chris Lynch, Jeff McGinness, and Marla Swesey. Members Present Via Skype: Tuyet Dorau Also Present: Superintendent, Stephen Murley; Assistant Superintendent, Becky Furlong; Chief Financial Officer/Board Secretary, Craig Hansel; Chief of Operations/Chief of Technology, David Dude; Chief of Human Resources, Chace Ramey; Physical Plant Director; Duane Van Hemert; Director of Health Services, Susie Poulton; Director of Special Services, Carmen Dixon; Equity Director, Ross Wilburn; Director of Budget & Finance, Leslie Finger; Director of Off Site Programs, Kate Callahan, Director of Instruction, Pam Ehly Note: Due to Skype being done over seas and a high volume of interruptions to the connection, there is not an accurate account of every time the connection was lost and reconnected. The meeting was called to order at 6:00 pm. District Showcase Lisa Boyer, Alina Perez -Gomez, Leah Tweedy, and Jacki Ceurvorst gave a presentation on the English Language Learners (ELL) program. Highlights included the process of identifying ELL students, a significant increase in students from last year, the program expanded to more schools this year, and students need to score proficient on both the Iowa English Language Development Assessment and Iowa Assessments in order to exit from ELL services. Student Representatives Asia Cummings of Tate High reported on events taking place at Tate High including the Lincoln Elementary Scholastic Scholars share with Tate for books and yearbooks, Iowa Writers Workshop, creative writing club, after school clubs, blood drive, penny drive, intramural basketball, and Title Boxing. Aspen Miller of City High reported on events taking place at City High including can drive to benefit Crisis Center, Little Hawk journalism awards, math club competition, dance team, National Achievement Scholarship Award, and winter sports. Akash Borde of West High reported on events taking place at West High including winter sports, food drive, Cassie's Mittens, student production theater, show choir, and a Best Buddies fundraiser. ICEA Update Ben Mosher gave an ILEA update on items of recent focus which included the district calendar, RTI, and the tablet program. He introduced Beth Fettweis, City High teacher and ISEA Excellence in Education Teacher of the Year runner up. Fettweis addressed the Board regarding co -teaching, differentiation, and quality instruction. ICCSD Foundation update Victoria Gilpin reported that the Dine Out for Education event raised over $8,000, the Round Up for Education event raised $2,500 in two days, and that the Foundation has a new website. The Iowa City Road Races presented a check in the amount of $22,684.58 from the Run for the Schools event. Community, Comment Ellen Carman, Jonathan Rogers, and Leah Hoelscher of City High presented awards recently won by The Little Hawk at the national journalism conference. Phil Hemingway commented on restoring the home building program, tabling the Program of Studies item on the agenda to add the home building program, and the ESC parking lot project and fiduciary responsibility. Julie Van Dyke commented on community comment barriers, actively engaging the community, meeting locations, and special education IEP's. Mazahir Salih commented on after school programs for low-income families District Business - Consent Items Motion by Swesey, seconded by Kirschling to pull item II. C-6: ESC Parking Lot Project Acceptance, and approve the following consent agenda items: A. Minutes of the November 26, 2013 Board Retreat B. Minutes of the November 26, 2013 Work Session C. Contracts and Agreements D. Accounts payable in the amount of $239,162.01 General Fund, $141,448.75 Management Fund, $147,886.02 Nutrition Fund, $81,150.93 Student Activities Fund, $445,009.21 Schoolhouse Fund/Capital Projects Fund E. Open Enrollment into ICCSD for 2013-2014 for Donnie Day, Open Enrollment Into ICCSD for 2014-2015 for Cole Blankenheim and Open Enrollment out of ICCSD for 2014-2015 for Jackson Link, Morgan Link, and Sophia Link. F. Certificated Staff A(1), B(1) Roll Call Vote: Fields, aye; Hoelscher, aye; Kirschling, aye; Lynch, aye; McGinness, aye; Swesey, aye. Motion carried 6-0. Financial Audit Report Kevin Smith of McGladrey presented an overview of the financial audit report results for the year ended June 30, 2013. He reported that state law requires an external audit of financials and that ICCSD received an unmodified or clean opinion which is the highest possible. He highlighted areas of the report including 2012-13 comparison, financial history, revenue of all governmental funds, expenditures by function, general fund, and fund balances by category, summary statements of revenues, expenses, changes in net position, and compliance report summaries. He reported no findings of non-compliance and noted an immaterial instance of noncompliance in late submission of certified enrollment stating circumstances were well documented by the district. It was noted that the summary schedule of prior audit findings showed findings that have been reported for many years have all been corrected. The business office was commended for the monumental strides made in the past few years. The report will be posted to the business section of the website and certificate of excellence applications will be completed by December 31. Quarterly Financial Report The Board received the Quarterly Financial Report. Lynch inquired of the root cause and the action plans moving forward for the decline in unspent balance. Murley stated one thing is increasing enrollment which results in increased class sizes and addition to staff in the past two years. One of the action plan as an administrative team is to identify where the cost centers are with the 81 cents of every dollar that goes to people in the district and recognizing there may be some opportunities as we move into the staffing season to be more efficient and perhaps a change in practice. Hansel stated on the revenue side and the $5.1 million loss in revenue, $3 million in funds was from stimulus funds which was a one-time revenue. The state failure to fund the Instruction Support Levy plays apart as well. Lynch stated he would like to see an action plan on paper. McGinness stated it is important to note that some of the things are out of our control. Julie Van Dyke stated it was said at a previous meeting that away to recuperate money is through a system -wide early review of IEP's. She stated it s wrong to look to save money on the backs of students with IEP's. Director Dorau joined the meeting via Skype at 7:15 pm. Debt Management Policv —1� Readine The Board held the first reading of the Debt Management Policy. This policy was brought forward from administration and reviewed by the Policy & Engagement Committee. Hansel stated it is very important to have a strong structure in place as we embark upon the Facilities Master Plan while anticipating the possibly of selling debt up to nine times in the next ten years. There is a need for a consistent, solid way of making sure there is transparency in the process, that consistent decisions are made, and decisions are in the best interest of the school district. Drop Out Prevention Application Motion by McGinness, seconded by Swesey to approve the Drop Out Prevention application. Roll Call Vote: Fields, aye; Hoelscher, aye; Kirschling, aye; Lynch, aye; McGinness, aye, Swesey, aye, Dorau, aye. Motion carried 7-0. Fine Arts Policy — 3`d Reading Motion by McGinness, seconded by Swesey to approve the Fine Arts Policy. Phil Hemingway would like to see the policy expanded to include welding, carpentry, woodworking, etc. He stated it could be more than just exposure to fine arts. Roll Call Vote: Kirschling, aye; Lynch, aye; McGinness, aye, Swesey, aye; Dorau, aye; Fields, aye; Hoelscher, aye. Motion carried 7-0. Program of Studies Ehly presented the Program of Studies and stated the report identifies proposed new courses to the program of studies for secondary schools for the 2014-2015 school year. The courses include Advanced Placement (AP) Geography for grades 9-10, Literacy 7 ELP for grade 7, and Fitness & Dance for grades 9-12. Areas schools, Kirkwood Community College, and the University of Iowa work jointly to offer additional courses referred to as Academies. For the 2014-15 school year, one additional Academy, Arts and Science Academy, will be available to ICCSD high school students. These courses address Composition I and II, fundamentals of Communication, and Introduction to Psychology. The Board discussed how the need for programming is identified, class size, and the needs for kids who are going straight to work as opposed to further education. Motion by Swesey, seconded by McGinness to approve the Program of Studies. Phil Hemingway addressed the Board stating the district is a state leader in AP courses and was a state leader in the construction program 44 years ago when the homebuilding program started. He would like to program of studies to include homebuilding again and expressed the need for establishing a feeder for the Kirkwood Regional High School Facility. Roll Call Vote: Lynch, aye; McGinness, aye; Swesey, aye; Fields, aye; Hoelscher, aye; Kirschling, aye. Motion carried 6-0. Community Engagement Public Participation at Board Meetings Hoelscher stated that the Policy & Engagement committee has been reviewing the policy and the suggested guidelines for the execution of the policy and asked for Board discussion. The guidelines were reviewed and the Board discussed concern that some community members were speaking more than Board members at meetings, other avenues of communication with the Board including email, phone calls, and listening posts, and policies from other Boards throughout the state that only allow public to speak during community comment and not to agenda items. McGinness inquired why the Board would seek less community comment and not more as Board meetings may be the only opportunity for them to do so. Phil Hemingway stated debate on public issues must be open and robust. He cited first amendment protections and stated the public should have say in a $270 million plan. He stated the Board should meet the concerns of the public and reminded the Board they took an oath of office and they need to be true to it. Julie Van Dyke stated she hears a great deal from the public who has thanked her for speaking out at meetings. She stated the Board perception is not the only perception and that everyone should be given equal opportunity. She stated the Board is accountable to the public and that Board meetings are the only place to engage the Board. She encouraged the public to read the policy and guidelines carefully. Hoelscher stated that the Board has allowed everyone to talk and reminded everyone that these are not public meetings; they are meetings of the Board of Directors held in public. Eauitv Committee Wilburn reported that the Equity Committee currently has 12 members with 3 pending adoption. The committee is advisory in nature and Equity Committee members are member appointed through application. He reported that the committee met last night and future meeting dates include February 10, 2014, April 14, 2014, and June 9, 2014. He reviewed sources of equity input which include Multicultural/Gender Fair (MCGF) Committee, Equity Committee, and Comprehensive School Improvement Plan Committee. The Board inquired what kind of help was needed from the Board. Wilburn stated help informing the community that there is a committee, possibly merging the MCGF and Equity committees, and when meeting with constituents discuss ways to help diversify the audience and how to interface. Calendar Process Calendar Committee Ramey reviewed the structure of the Calendar Committee stating it is advisory in nature and presents a recommendation to the superintendent. The committee is made up of representatives according to administrative regulation and the committee meets annually at the time of creating a calendar for the following school year. He reported the committee would like to get to a three-year rotation of calendars and that looking at a calendar of hours and minutes vs. days has delayed the process this year. He reported we try to mirror the calendar to the University of Iowa calendar and that graduation dates drive the calendar start and end dates of school. MLK Day Hoelscher stated that the frame of the discussion for MLK Day is to discuss if there will be school on January 20, 2014. Board members indicated they thought the discussion was for future years as well. McGinness asked Murley what the options are for this year. Murley stated that although there are complications with collective bargaining, finding another day to have school, and impacts on graduation, they are all areas that can be explored. Fields stated that in the past the Board has shied away from holding graduation on Saturdays as often times there are state tournaments which forces students to choose between attending the tournament or graduation. Hoelscher stated all schools have put a lot of planning into MLK Day and Wilburn had representative from Borlaug, Northwest and West High give an overview of events and activities they have planned for the day. The Board discussed implications of moving the learning activities to another day if school is not held on January 20 and inquired if the community and community groups were engaged. Wilburn reported that some community groups were contacted and some voiced support and then changed their mind due to pressure and concerns. The Board discussed they day being an excused absence if students don't attend, comparing to what other districts are doing, concern about what engagement was done with the community prior to the calendar, and how to proceed going forward. Murley stated he needs to investigate the options of not holding school and that a public hearing may be required in order to change the calendar. The following community members addressed the Board and urged them to not hold school on January 20, 2014, MLK Day Charlie Eastham, Mazahir Salih, Henri Harper, Joel Giblertson-White, Misty Rebik, Royceann Porter, Matthew Peirce, Circe Stumbo, Annie Tucker, Julie Van Dyke, Ann Stromquist, and Jason Lewis. Motion by McGinness, seconded by Kirschling to direct the Superintendent to seek to find another day to replace the day of school on Martin Luther King Day; not hold class that day, seek to maintain the programming we have in place by shifting it to another day, and that the Board appoint a liaison to the Center for Worker Justice and the Coalition for Racial Justice. Swesey expressed concern with tying the appointment of a liaison to the motion. McGinness stated this is a symptom of a larger problem we have and we need to take a step to address it. Fields inquired if McGinness had a timeframe with his motion. Motion by McGinness, seconded by Kirschling to amend the motion to add that there is a report of findings back to the Board at the next scheduled meeting and if necessary schedule a public hearing. Hoelscher stated she wanted the community to know that they have been heard but expressed concern that MLK Day is less than 40 days from now and the decision was made over a year ago. The decision was made by the calendar committee but as was said has been coming from teachers over the years which has played into the decision. The decision was made over a year ago and she struggles overturning a decision that went through the process a year ago. She expressed concern about students as many don't have opportunities at home and will spend the day unsupervised and perhaps without school lunch. She is not saying she is against the motion; she is saying she has those concerns. Murley stated that last year's professional development day was very powerful. Students presented a play to faculty that had a profound impact and Jaywan Winters presented his experiences in the greater community and in our school district and the impact it had on him. What Murley heard from the calendar committee was about intent and impact and the intent was that the impact was universal and that it was experienced by all students in the school district. Lynch stated he appreciates the community engagement and active listening in the conversations that are going on tonight. He would like to see no school on MLK Day for 2015 and beyond based on the information he has heard. He thinks we can do both; do all the great things planned for this year and plan for 2015 and beyond. He stated this is a teachable moment and we should use this as an opportunity to really leverage the opportunity. He does think there are challenges for 2014 and he doesn't know if they are overcome -able. He is ok with looking at them but the energy put into it takes away from other things and there is a lot going on. He would like to provide guidance for 2015 and beyond. He asked Murley if he had a recommendation on 2015 and beyond. Murley stated is it important as far as direction for the Calendar Committee as well as for the teachers with the current work they have underway to know if this is an isolated incident or a building block for future years. He would ask for direction from the standpoint of that planning process. He stated he feels it is important to recognize the intent behind this and the work that has gone along with it and to the extent we can, preserve the opportunity to share it with students. Roll Call Vote: McGinness, aye; Swesey, aye; Fields, aye; Hoelscher, aye; Mrschling, aye; Lynch, aye. Motion carried 6-0. Motion by Lynch, seconded by Fields for 2015 and beyond to provide guidance that MLK Day would be a day off for students and that we try to do the programming provided on a different day. Ramey asked for clarification that it is a day off for students so it is not a school holiday and it is the collaboration of administration and staff whether it will be a day off for staff. The Board said that is correct. Roll Call Vote: Swesey, aye; Fields, aye; Hoelscher, aye; Kirschling, aye, Lynch, aye; McGinness, aye. Motion carried 6-0. Motion by Kirschling, seconded by Fields to recess for five minutes. All were in favor except McGinness. The Board recessed at 9:40 pm. The Board reconvened at 9:50 pm. Raptor Visitor System Dude reviewed what the Raptor Visitor System is and stated the overall idea is for every adult in building to have an identification badge. In April the Board approved the safety and security plan and in May the equipment to run the system was purchased. The vendor trained staff over the summer and four schools implemented the system between September and October. Implementation for the remaining schools is scheduled to begin after winter break. Dude explained that for adults without an ID a visitor ID card can be created by bringing whatever identification they have to the Educational Services Center where there is a template to print an ID card that would scan and work in any building. The Board discussed the system including discretion of principals, challenges for those who don't have resources to get identification, possible barriers, discussions with student advocates or Family Resource Centers, and a way to provide an additional level of safety. Gregg Shoultz, Northwest principal, and Kristy Heffner, Penn principal, have both implemented the system in their building and are currently using the system. They reported no issues and stated the main complaint they heard about the system is people don't like their picture on their ID. The following community members spoke out about the Raptor Visitor system and encouraged the Board to not implement or to delay the implementation the system until the community is better informed due to barriers and exclusion: Fanai Galicia, Charlie Eastham, Mazahir Salih, Marcela Hurtado, Elizabeth McConaughy, Marcial Hurtado, Misty Rebik, Graciela Ordaz, Jesse Case, Circe Stumbo, Matthew Peirce, Maria Cachua, Julie Van Dyke, Robin Clark -Bennett, Elizabeth Bernal, Claire Czerwionka, Royceanne Porter, and Manuel Galvez Ibarra. Motion by Fields, seconded by Swesey to delay the implementation of the Raptor System until having dialogue with student and family advocates and a comprehensive communication plan to get information out to families. The Board discussed balancing the need to implement with the need to communicate with and inform the public. The Board inquired of any consequences to delaying the implementation. Dude stated if delayed he preferred to stop all implementation including those that are already using the system. Roll Call Vote: Dorau, aye; Fields, aye; Hoelscher, aye; Kirschling, aye; Lynch, aye; McGinness, aye; Swesey, aye. Motion carried 7-0. Board Goals The Board reviewed the Board goals that Lynch, Swesey, and Kirschling worked on wording for. The Board was in consensus that they looked good and it was ok to proceed to add action steps to them. Julie Van Dyke stated that none of the 2012-2013 goals were met so there should be no new goals until the Board succeeded with the current goals. Board Budget Reconciliation The Operations Committee reviewed the Board budget for expenses to attend area, state, and national meetings. Hansel made a few revisions to show actuals as well as the budget. Motion by McGinness, seconded by Kirschling to approve the Board of Education operating budget. Phil Hemingway stated some of the spending is excessive and corners could be cut. He stated the DC advocacy trip is a waste of money and encouraged the Board to meet with local Legislators here in Iowa City. Fields stated that the NSBA conference is in the budget and the Board did not send anyone last year. Early registration closes in January so a decision should be made if the Board plans to send anyone. Roll Call Vote: Fields, aye; Hoelscher, aye; Kirschling, aye; Lynch, aye; McGinness, aye; Swesey, aye, Dorau, aye. Motion carried 7-0. IASB Board of Directors — District 6 Motion by McGinness, seconded by Lynch to vote for David Law to a three- year term on IASB Board of Directors. Roll Call Vote: Hoelscher, aye; Kirschling, aye; Lynch, aye; McGinness, aye; Swesey, aye; Fields, aye. Motion carried 6-0. State Conference Report McGinness highlighted items from the Delegate Assembly including focus on local control, flexibility in spending, adequate finance, on time spending, allowable growth, and Board member terms. Directors discussed that the conference was great and the speaker was phenomenal. Annual LIEN Meeting Report Murley reported that the at Annual LIEN meeting they were able to interact with the keynote speaker, Dr. Yong Zhao. He reported that the meeting is beneficial for interacting with other LIEN districts. Superintendent Contract Motion by McGinness, seconded by Lynch to approve the Superintendent Contract. Julie Van Dyke expressed concern that although the superintendent does not yet have his PhD, the pay raise in his contract continues. She urged the Board to supervise their sole employee and expressed that we are behind again this year in getting the contract renewed. She expressed concern in lack of communication to the community of the results of the survey that was taken last year. McGinness stated this contract reflects that the Board is happy with Murley's performance, especially in the last year with the FMP process which is integral in shaping the district. It will give us much needed improvement and capacity which will allow for flexibility to address education. Lynch agreed and stated he feels it is more the performance vs. what is on the resume. He stated the Board is committed to get back on the annual cycle for the superintendent evaluation and contract renewal. Roll Call Vote: Kirschling, aye, Lynch, aye; McGinness, aye; Swesey, aye; Fields, nay; Hoelscher, aye. Motion carried 5-1. Facilities Master Plan Murley reviewed the changes that were highlighted at the work session. Those changes include the north elementary accelerated by one year. In order to do this the east elementary school would be used as a transitionary school site for Longfellow, and then for Mann and Lincoln at the same time. This would accelerate the work at Lincoln which would occur after the General Obligation bond vote. As Longfellow students are pushed through East Elementary a good plan would be to leave students who are going to be in the East Elementary school there when students are transitioned back to Longfellow. This could be done depending on the rezoning process and how many students will come from Mann and Lincoln as they transition through. Another change was to the 10-year facility construction timeline where projects are now cascaded by bid award. Motion by McGinness, seconded by Swesey to approve the phasing plan as Included in enclosure 17 of the Board packet. The Board discussed the plan and stated they appreciated the back and forth process, that the process allowed deliberation, the timeline that Dude put together, and thanked Murley for all of the community engagement he has done on the topic over the past few weeks. Lynch stated that a milestone on Hoover would be healthy. Murley stated the plan would be reviewed on an annual basis. Phil Hemingway expressed concern regarding choosing sports over academics, private businesses chasing public funds, doing what is truly best for students, and the unexpected consequences of actions. Erin Hoffman presented the Board with a petition containing 860 signatures to save Hoover. Michael Tilley thanked Murley for coming to Hoover on numerous occasions to educate the community on the plan. He supports the milestones Lynch suggested and would like to see the Board suspend the closure of Hoover and reevaluate it yearly as he feels better decisions can be made about City if the Hoover closure is suspended. Paul McLaughlin stated there is more than one way to move forward and encouraged the Board to look at other options. Julie Van Dyke suggested that a narrative be developed to document this process and make it as transparent as possible. Fields agreed that a narrative or historical information is a good idea as it helps to give context which is important. Ramey stated a narrative is in the works. It is in draft form and he can add changes. Murley added that all documents pertaining to the Facilities Master Plan are on line to this point. Roll Call Vote: Lynch, aye; McGinness, aye; Swesey, aye; Dorau, nay, Fields, aye; Hoelscher, aye; Kirschling, aye. Motion carried 6-1. Appendix 9 Approvals Hoover Design Contract: Van Hemert gave an overview of the contract. Motion by McGinness, seconded by Kirschling to approve the Hoover Design Contract. Roll Call Vote: McGinness, aye; Swesey, aye; Dorau, aye; Fields, aye; Hoelscher, aye; Kirschling, aye; Lynch, aye. Motion carried 7-0. Food Service Addition: Van Hemert gave an overview of the addition. It was noted that funds would come from PPEL. Motion by McGinness, seconded by Lynch to approve the Food Service Addition. Julie Van Dyke stated that while she appreciates the improvements she feels that any elementary without air conditioning should take precedence. She cares about kids without air conditioning, not what the entrance to the food service building looks like. Roll Call Vote: Swesey, aye; Dorau, aye; Fields, aye, Hoelscher, aye; Mrschling, aye; Lynch, aye; McGinness, aye. Motion carried 7-0 West High Turf Field: Van Hemert gave an overview of the project. It was noted the funds would come from SILO/SAVE. Motion by Fields, seconded by McGinness to approve the West High Turf Field. Roll Call Vote: Dorau, aye; Fields, aye, Hoelscher, aye; Kirschling, aye; Lynch, aye; McGinness, aye; Swesey, aye. Motion carried 7-0. Committee Reports Policy & Engagement Committee: Kirschling reported on the December 3, 2013 meeting where the reading and writing ends policies were reviewed, the IASB delegate report was delayed to January, LIEN Legislative priorities were reviewed, guidelines for public participation at Board meetings policy were reviewed, the schedule of Legislator meetings was reviewed, attendance at the upcoming IASB Legislative conference was discussed, and attendees for the advocacy DC trip were discussed. Recommendation by the Policy & Engagement Committee to send Director Fields on the advocacy DC trip. Roll Call Vote: Dorau, aye, Fields, aye; Hoelscher, aye; Kirschling, aye; Lynch, aye; McGinness, aye: Swesey, aye. Recommendation carried 7-0. Julie Van Dyke thanked Director Dorau for watching the public participation at Board meetings policy so carefully. She cautioned the committee of being discriminatory against individual community members and expressed concern about first amendment rights. Education Committee: The committee had to cancel their last meeting and Dorau expressed concern that other meetings were given priority by committee members. She asked that members refrain from schedule other meetings on committee meeting dates. Operations Committee: Lynch reported on the November 26, 2013 meeting where the committee charter was reviewed, the calendar of work was tabled for corrections, Board expenses were reviewed, and highlights of the financial report were received. Julie VanDyke addressed the Board regarding the review of the financial report at the Operations Committee meeting. It was noted that the general fund took a hit last year and a comment was made that a way to recuperate that money would be through redoing IEP's. She stated IEP's are being redone early and students are not getting the services they are entitled to. Murley clarified that the IEP reviews are one of the compliance requirements of the District's work with the Office of Civil Rights. Director Liaison Reports There were none. Items Withdrawn for the Agenda McGinness asked to have item II. C-6: ESC Parking Lot Project Acceptance pulled for clarification. Murley reported that the ESC is used by all district staff for professional development as well as for things such as the All State Music reception. There was not enough parking to accommodate such large events so additional parking was added. The project also included sidewalk, railings, and lighting as well. Motion by McGinness, seconded by Lynch to approve item II. C-6: ESC Parking Lot Project Acceptance. Roll Call Vote: Fields, aye; Hoelscher, aye, Kirschling, aye; Lynch, aye; McGinness, aye, Swesey, aye; Dorau, aye. Motion carried 7-0. Agenda Setting Motion by Swesey, seconded by McGinness to hold � Closed Session meeting for an update on litigation, a Board meeting, and an Operations Committee meeting on December 17, 2013. The closed session will be held at 5:30 pm, the Board meeting at 6:00 pm, and the Operations Committee meeting will be held immediately following the Board meeting. Roll Call Vote: Lynch, aye, McGinness, aye; Swesey, aye; Dorau, aye; Fields, aye; Hoelscher, aye; Kirschling, aye. Motion carried 7-0. The agenda for the January 14, 2014 Board meeting will be set at the December 17, 2013 Board meeting. Motion by McGinness, seconded by Lynch to adjourn at 12:34 am. All were in favor. Board President Board Secretary Stefanie Bowers Agenda Item 50i From: Retish, Paul M <paul-retish@uiowa.edu> Sent: Friday, January 31, 2014 7:14 PM To: Stefanie Bowers Subject: Fwd: RE: Please share with other commissioners I will elaborate at our next meeting. Paul Sent from my iPad Begin forwarded message: bYom: Carmen Dixon <Dixon.Carmennaaowacitvschools.org> Date: January 31, 2014 at 6:03:34 PM CST To: "Retish, Paul M" <yaul-retishauiowa.edu> Cc: Ross Wilburn <Wilburn.Ross(a,iowacitvschools.or¢> Subject: RE: Hi Paul, The following information was sent to the OCR today regarding the file review: * 1,412 IEPs were reviewed * of these, 728 needed reevaluations (52%) * The total number of students exited: 108 87 students exited (not eligible) 21 students of these students were exited due to other reasons The reviewers have not completed all of the needed reports regarding race. Once I have this information I will pass it along to you. Thanks, Carmen Dixon ICCSD Special Education Director Phone # (319) 688-1000 Fax # (319) 688-1009 -----Original Message ----- From: Retish, Paul M fmailto:paul-retish(a4uiowa.eduj Sent: Thursday, January 30, 2014 5:16 PM To: Carmen Dixon Subject: Carmen. I met with Ross wilbum today in my role of head of the education committee for the commission on human rights. Our topic was diversity In the district. One of the topics was the OCR agreement. As I understand it, all students in special education were re evaluated an d up dated IEP were developed. Could you give me the data as to how many students were not confirmed as needing special education and how many were students of color. I will be reporting this to the Commissission. Thanks for your help. Paul Relish Sent from my iPads NOTICE: All email communications to and from the District's email server are archived in accordance with District policy and procedures. This email communication, including attachments, contains information which may be confidential and/or legally privileged, and may otherwise be exempt from disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the intended recipient or believe you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you. Correspondence Stefanie Bowers From: Stefanie Bowers Sent: Thursday, January 23, 2014 3:00 PM Subject: City Charter At the Commission meeting held on January 21, 2014 a few of you had questions about the City Charter —the process and also the application deadline. Below is the detailed information so requested. Please let me know if you have any additional questions. City Charter Iowa law (section 372.1 of the Code of Iowa)* allows cities to choose from among eight (8) possible fors of municipal government, one of which is a Home Rule Charter. The Charter itself is an ordinance that sets forth how the city government is structured. On Nov. 15, 1973, the citizens of Iowa City chose to be governed by a Home Rule Charter, and the first Charter was adopted by Ordinance No. 76-2792 on Jan. 2, 1976. Iowa City is one of only five (5) municipalities in Iowa with a Home Rule Charter. View the Iowa City Cltv Charter online here Download a PDF of Iowa City City Charter Citizen's Guide to the Home Rule Charter Resolution establishing Charter Review Commission Charter Review Commission aoolication - Deadline for applications is Wednesday, Feb. 12 at 5 p.m www.press-citizen.com , Printer -friendly article page Page 1 of 2 R - �IYlMMY January 25, 2014 Iowa City ID cards could 'fill a gap,' groups say Council to weigh program to aid those here illegally, poor, homeless, elderly By Josh O'Leary Iowa City Press Citizen Immigrants living in the country illegally and others who may not otherwise be able to obtain an identification card would be able to receive an ID issued by the City of Iowa City under a proposal set to go before the City Council. Iowa City's Human Rights Commission and Ad Hoc Diversity Committee are recommending the city distribute municipal IDs that would assist immigrants here illegally when interacting with police and help them access municipal or private services. A growing number of cities across the U.S. have created a community card system to provide an accessible form of identification for those who are unable to produce the necessary documentation immigration papers or a birth certificate, for instance — to obtain a state -issued ID. Community ID programs have been established in New Haven, Conn.; Mercer County, N.J.; San Francisco; Oakland, Calif.; and Richmond, Calif., either directly by the city or through partnerships with nonprofit or for -profit organizations. Iowa City would be the first municipality in Iowa and likely in the Midwest to issue this type of ID card, should the City Council give such a system its stamp of approval. Eren Fleck, a recent University of Iowa law school graduate who helped research the use of municipal cards around the U.S., said the cards could be a benefit to not only immigrants, but also vulnerable populations such as the poor, homeless and elderly. "It has the potential to fill a gap that's not currently met," Fleck said. The card would give those populations an identification card that would be recognized by law enforcement and be used to access city services such as busing, library usage and recreation facilities. The cards also could potentially be useful in obtaining medical care, securing employment, establishing utilities, banking and other privately operated services where an ID is required. In a report compiled for the city, Fleck, fellow law school student Jordan Moody and Professor Stella Burch Elias surveyed members of the Latino and Sudanese communities to gauge the demand for a card. Of the 233 people who filled out the survey, 90 percent said they would use the card if they had the option. Harry Olmstead, chairman of Iowa City's Human Rights Commission, said there is a need by many for the cards. "It's clear for us to make sure people do have identification," Olmstead said. "It's a protection of human rights, is really what we're doing." Rights for immigrants here illegally have been the subject of a long -running debate in Iowa City. A few http://www.press-citizen.comlprintlarticlel2Ol40125/NEWS0113012500021lowa-City-ID-c... 1 /27/2014 www.press-citizen.com I Printer -friendly article page Page 2 of 2 years ago, the Sanctuary City Committee, an offshoot of Iowa City's Consultation of Religious Communities, urged Iowa City to become the first in the state to offer protections to immigrants here illegally. The City Council ultimately balked at a sanctuary city ordinance in 2011, however, citing potential complications with a federal program requiring that fingerprints collected at the local jails be routed to U.S. Immigration and Customs Enforcement to check against immigration databases. http://www.press-citizen.com/print/article/20140125/NEW S01 /301250002/Iowa-City-ID-c... 1/27/2014 Editorial: Offer local ID cards - The Daily Iowan Page 1 of 3 10 pethE 1 e�► performances SouBI< In the "yea SAwthl-. J HAHCRED "HE INDE-;CNDEN- DAISY NEWSPAPER !DR 1HE JNIVERVTY or IOWA COMMJNCY SINCE 18- The Daily Iawm N E W S P A P E R - O N L I N E T E L E V I S I O N MNDAY, MNVLAY r), W 14 I HOME METRO SPORTS OPINIONS go HOURS PHOTO VIDEO Editorial: Offer local ID cards BY In WOROMAL BOARD I MNUARY 2) 2014 SWO AN While President Obame is expected to address national immigration reform in his State of the Union address on Tuesday, a viable solution to this enduring problem could still be a long way. away. Congress has begun to show signs ofbipanisanshlp in the new year, but a divisive issue such a. immigration could quickly threaten the political peace. Fortunately, politics in Iowa City is not as convoluted, and a recommendation from the Iowa City Human Rights Commission could make a big difference. The commission recommends that the city adopt a municipal ID -card program to assist those who likely don't have the proper papers —namely illegal immigrants, but also the poor, homeless, and elderly. The issue lies in accesability. The burden to prove valid immigration status or produce documents that can be difficult to obtain can leave these segments ofthe population without any valid identification, a major problem in the aril[ century. It's difficult to determine the number of illegal immigrants or others without identification, for the same reasons that these groups don't have IDS. But in its report to the City Council, the Human Rights Commission determined that in 2010 approximately 7,000 citizens of Iowa City Were foreign - born. Mostly, a municipal ID (also called community ID) card would bring the privileges of having identification to those previously not privileged enough to have it. From buying certain kinds of medicine to opening a bank account to getting a job, the benefits of having valid IDS are easily taken for granted, Today, the Iowa City City Council has an opportunity to extend those benefits to the people who have traditionally lacked access to them. A municipal ID card is a simple, practical, and humane approach to a problem with no easy solutions, and the city should act on the Human Rights Commission's recommendation. The concept of a municipal ID card is still quite new. New Haven, Conn., issued the first instances of them in 2007, and San Francisco quickly followed in its footsteps, launching a community ID card program in 2009. Iowa City Would be the first in the state (and potentially the first in the Mi west) to create a municipal ID card, blazing a tmil for others to follow. If adoption becomes widespread, municipal ID ran bring convenience for more than just the underprivileged. In Oakland, Calif., city identification also functions as a banking and debit card, and in San Francisco, a community ID works as a library card as well. Given Iowa Citys UNESCO City of Literature status, the card is a no-bminer. In fad, even before the idea of a community ID received media attention, a survey by researchers at the University of Iowa College of School found that go pereent of respondents indicated they would use such a card in Iowa City if given the opportunity. A community ID would nut legalize illegal immigration. It would not fulfill the ID requirements for state or nationwide programs. But it would bring a level of accessibility to basic, everyday services to sections ofthe community that haven't had it in the past. The politicians will fight over immigration reform, and something may or Easy not get done. But here in Iowa City, a simple remedy has hem brought forward, and it would be foolish not to take it. In today's issue: Nite Ride sees spike Legislators gather to lowa'stwolossesare 'today. Display in ridership discuss education glaringly Arniar Advertising RES jLl N E4nn ►'EGOIUE VIDE $BBICII I http://www.dailyiowan.com/2014/01/27/Opinions/36268.html 1/27/2014 Editorial: Offer local ID cards - The Daily Iowan Page 2 of 3 Camm.nt uelse... remldo Fmncbco pbxAueae Tap!"+•.T.mn.. i 1. Ie0F'-„en, -mg �a Hmmm... NO an wra stand Mesa lO cents. I�11 hit,, +ehug0ngbnP.sd.rQ1 lilwimuMgpekd-JI4WoMoeu:neMe Hmn:gmnlq,gl34412.hunt cm,IY Like' kj John Flnamom hn not eithersince we ere older and has a sense of hlsMry, we knavr whet these cards have been used for In the poet and what they can be mM for again. I find the paaped 0Issuing such cents more frightens, Men reamunlg. Role, Like YB r•.:d e.n)p INTERNATIONAL LUNCH (5 TI� AT THE UNIVERSITY CLUB Come experience University Club dining January 29 Vietnamese February 26 POImh March 26 rish"ceitic April 30 Jaa_nese sS.A�VERMON IGV860W on 4000 semis t300t�6:t ' WIWKSMORCOM RENTAL GUIDE ti6ABM.AddAkpA . Maa_nt.aYar .. . Yi,a--' Follow the DI through: ually I ... n 13109is sponwr.d Unlra Insurance Leads Insurance Forunl Health Insurance Leads eCommerce Solutions Custom Magnets Buy a text ad G..' ._ T dT—T--HO< Access Blocked - Content Alert The URL: http://aoocieads.a.doubleclick.net/o was blocked The link you are accessing has been blocked by the Barracuda Web Filter because it matches a blocked category. The name of the category is: "advertise ments-popups" http://www.dailyiowan.com/2014/01/27/Opinions/36268.html 1 /27/2014 Editorial: Offer local ID cards - The Daily Iowan Page 3 of 3 74eU.iwwOtfd+wHeapCu..e- ir MERCY p,,.P �,. c.teA,q>r.vece3rrm Access Blocked - Content Alert The URL; httpp / ppoogeads aa doublecick��❑❑ pp��}}oead/ads? Pr'w' Polley (WIW07) I Terms of Use (a2r/OS) I Content Sobmissbn Agreement CW231071 I Coe (?o-.,Nance f511ry"(r oublle ic1 85�/1192' - - --- - GopyNpAt L 2G14Ibe Wily Iowan, AM UQ S Reserwul http://www.dailyiowan.com/2014/01/27/Opinions/36268.html 1/27/2014 IMOMMISSION UM A CITY UMAN RIGHTS 410 E. Washington Street • Iowa City, Iowa 52240-1826 (319) 356-5022 • (319) 887-6213 (FAX) www.icgov.org/humandghts January 27, 2014 Royceann Porter 136 Appanoose Court Iowa City, IA 52240 Dear Ms. Porter: 00 The City of Iowa City Human Rights Commission wishes to congratulate you on receiving the Martin Luther King, Jr., Achievement Award for 2014. Your hard work and commitment to public service to make Iowa City a better place for all has not gone unnoticed. We are very happy for your success and wish you all the best in your future endeavors. Sincerely, City of Iowa City Human Rights Commission Stefanie Bowers From: HumanRights Sent: Monday, January 27, 2014 1:37 PM Subject: FW: Pride Fundraiser Feb Sth From: Jewell Amos [mailto:jewellamos@gmail.com] Sent: Monday, January 27, 2014 1:37 PM Subject: Pride Fundraiser Feb 8th Please share. Thanksl Come join Iowa City Pride for a night of music at the Mill. Cover is $6. Doors open at 8pm with music starting around 9pm. We will be kicking off the night with: "All Souls on Deck" Sharon Bousquet and Phoenix Jordan are the award -winning songwriting team for Fairfield's Indie-Acoustic ensemble. They will be joined by saxophone wizard Ed Raines. In this trio format, the band sounds like a cross between a coffeehouse and a roadhouse: one part gorgeous harmonies, one part funky blues and one part so sweet you might swoon! Welcome to the "queer half' of All Souls on Deck! www.reverbnation.com/allsoulsondeck Following "All Souls on Deck" we have Aimee Hingtgen and Laurie Haag, with special guest Natalie Brown. All three of these ladies pour their souls into their music to create heartwarming kickass music. Aimee and Laurie make up 2/3 of the "Two Bit Maniacs"and Natalie ... well she can rock the violin like no other. Around midnight 'The Sullivan Gang" will close out the night by rocking you out of your seats. All of the Musicians are donating their time for this fundraiser. All the proceeds will go for the Iowa City Pride Festival on June 15th. Jewell Amos, Chair Iowa City Pride 319-931-1092 Iowa City Pride C/o WRAC 130 N. Madison St. Iowa City, Iowa 52245 www.iowacityi)ride.com IDS for all no matter your legal status - KW WL - Eastern Iowa Breaking News, Weather, ... Page 1 of 2 IDs for all no matter your legal status Posted. Jan 27, 2014 S57 PM CST UpdaW.Jan 27, 2014 521 PM CST Written by Michelle Corless, Multimedia Journalist - bio email IOWA CITY (KVWVL) - A city issued ID is something the Iowa City Human Rights Commission has been backing for years. "There are people in our society in Iowa City that weren't able to take and get services," said Harry Olmstead, Human Rights Commission Chairperson. Those services include things like utilities, a bank account, or just proof of identification should they need to talk to a police officer or firefighter. Not everyone has a drivers license or state ID, like people living in the country illegally. 'Things are, should not be withheld from someone just because they may not be in our country legally," said Olmstead. A few other cities in the country offer city IDs. Research done by University of Iowa law students show those IDS are often used by immigrants. We asked several people who live in Iowa City what they thought of the concept and each one was in favor. "If they're here and they're not actively being deported, I think it would be a good thing for us to be able to identify them," said Emily Matson. "Iowa's got a ton of migrant workers," said James Conway. "We depend on these people, so yeah, absolutely." The IDs could also help people who've lost documents in a disaster and the homeless. Finding replacement social security cards and other documents takes weeks — and for people at Shelter House, it means a longer stay at the shelter. "It makes it more difficult to get started on finding employment and getting their lire back on track," said Mark Sertlerh, Shelter House Resident Services Director. According to the University of Iowa law students who prepared a report for the city on this issue, a city ID would not conflict with state or federal law. City staff say the city council will likely discuss this issue at the February 18th work session http://www.kwwl.comistoryl2455912812014101127lids-for-all-no-matter-your-legal-status 1/29/2014 IDs for all no matter your legal status - KW WL - Eastern Iowa Breaking News, Weather, ... Page 2 of 2 �. All content ® Copyright 2000 - 2014 WoddNow and KW WL. All Rights Reserved. For more Information on this site, please read our Pdvacv Policy and Terms of Service and Mobile Privaw Policy & Terms of Service. Persons with disabilities who need assistance with Issues relating to the content of this station's public inspection file should contact Administrative Assistant Sandy Younablul at 318-281-1258. Questions or concerns relating to the accessibility of the FCC's online public file system should be directetl to the FCC at 888-2255322, at 888-8355322 (TTY) or at Rclnfodlifrc.aw. http://www.kwwl.comistoryl2455912812014101127lids-for-all-no-matter-your-legal-status 1/29/2014 City to ponder local IDs - The Daily Iowan Pagel of 3 i T So% O ISO ��d a Pizza SoulhGate in thenew a .arfr „era x..xN...... � IxPhil ..m.n,.vua..,n year. _ PIIO 71SHIH xTNNwe Click IN the A INNcAAusnls IineuD. �. wN'"`"NR.,NN, vuaD ns.smesm �a�y�aae■ Mis w..w!a. �' AllaralLR ' 1•x,M' THE INDEPENDENT DAILY NEWSPAPER FOR THE UNIVERSITY Of IOWA COMMUNITY SINCE IS- 4 — The Daily lowm NEWSPAPER ONLINE T E L E V I S I O N WEDN6MY, JANWNY N, 3039 I HOME METRO SPORTS OPINIONS So HOURS PHOTO VIDEO Search City to ponder local IDs aYN N WPPE I JANUARY 29, Cols SO0 AN ON s NNv.xxn THIN NNTiNu In orderto help community members feel mote secure in their city, a report has been filedwith the Iowa City City Council to issue identification cards to citizens who may need them, including immigrants, the poor, homeless, and elderly. The cards could than be used to identify the holder to law edorcement, as well as to gain access to municipal and private services. "It can be used for things like the library or if they ace stopped by a policeman and asked to show ID," said Harry Olmstead of the Iowa City Human Rights Commission. If the recommendation is approved by the City Council, Iowa City will be the first city in the Midwest to implement this type of program. The ID cards will be on the agenda in the upcoming council meeting, and it will be discussed before the councilors make a decision. A College of Law professor Stella Elias and two students wrote a report, called An Iowa City Community Identification Card, outlining the feasibility of implementing a Community identification Card program. Jordan Moody, a third -year University of Iowa law student and Coauthor of the report, said he got involved through one of his seminars. He and recent UI graduate Eren Fleck composed a survey that was geared toward the Latino and Sudanese populations in Iowa City. The surveys were then distributed through Iowa City groups and churebes. 'l'he Latino and Sudanese Communities were surveyed, and go percent of them said that they would use the cards if they were available," Olmstead said. Olmstead said there was a similar program put forth in December xolz that was not approved. In June 2013, the City Council directed its staff to research the feasibility of the recommendation. "We feel that there is a huge need; Olmstead said."We have a large portion of the population that is below poverty level and cant afford IDs any other way." Moody said he and Fleck interviewed six cities that have a similar program —including New Haven, Conn., the first city in the nation to have such a program — about issues such as cost and how the program affected the community. Those cities include Trenton, N.J., Richmond, Calif., Oakland, Calif., and San Francisco. The Cost of this program may vary— New, haven, for instance, implemented the program through grants and donations and has not requested any additional funds from the city since the program began. On the other hand San Francisco expended a large amount of its general fund, nearly $828,000, to implement the cards. Its ongoing costs include licensing, software and printer costs, which run mom than $200,000 annually. City Councilor Rick Dobyns saidthm while he will need to have the report verified, he is "friendly toward this institution" and "is likelyto support it." "Most of these people are not here illegally; they arejust suspicious,"he said. "Because of their background, they don't trust the system." He believes the nroiect should be funded through the community. not through the city, he said. Moody said that while there are many economic benefits, the greatest one maybe in feeling of acceptance in the Community." http://www.dailyiowan.corn/2014/01/29/Metro/36320.html 1/29/2014 City to ponder local IDs - The Daily Iowan Page 2 of 3 "This is a subgroup of the citythat has to live in the shadows," Moody said. 'Anything that would improve the relationship behmeen law eld'oreement and the undocumented cammunitywould be the greatest benefit to our city." In today's issue: rim r ffawkeyesletoneget Hawkeyewrestlers Ulm recognizes Today's Display away take stock Dance Marathon Advertising Add a comment.. Comneen[ using. Fe.k k-1 qu®n COOMPARG SAVE 11t11m10RGlM/51KOmm L, IENTAL GUIDE AWAA Follow the DI through: Daily Iowan &oge '. Adttg as 'Yam sponsored links Insurance Leads Insurance Forum Health Insurance Leads eCommerce Solutions Custom Magnets Buy a text ad http://www.dailyiowan.com/2014/01/29/Metro/36320.htxnl 1/29/2014 City to ponder local IDs - The Daily Iowan Page 3 of 3 Access Blocked - Content Alert The URL: http://a000leads.g.doubleclick.net/D was blocked • The link you are accessing has been blocked by the Barracuda Web Filter because it matches a blocked category. The name of the category is: "advertisements-popups" Off Deadline magazine I DI Awards and PR I Contact Us I Scholarships I Job Opps I subscriol I Back Issues /r„ G,mn uro-4 Il '�i'�I r(1 1• *MERCY � LLI `y, � ,•rn ciav J . uNUNdc. ' Access Blocked - Content Alert The ?AUE htto•//aooaleads.q�{ mlecT.-lick.net/oaaead/ads PrIval, Ill CV19/27} I Tenn 0 Jl C0(a2/0l I Context Swbmi€eion Agivci t (W2WM; pY p �p �a f4y y ? w..ilc Q I--.— _ _ _ _ _ _—_—_ ,Ai4Mt®-3&iC,' A ¢8a1hJ'avrarMW!4{".A'8a•�^� _ http://www.dailyiowan.com/2014/01/29/Metro/36320.html 1/29/2014 Letters to the Editor - The Daily Iowan Pagel of 3 gig � na w,ww.ax Souttfjate I � Ynma Mw PlPan frm ryprinwwvpq ra�N,¢TM�� r53rwrnTFPrat] brntpuaaa Iillllll alrvsaaM r THE INDEPENDENT DAILY NEWSPAPER FOR THE UNIVERSITY OF IDWA COMMUNITY SINCE IDAA The Daily lower NEWSPAPER ONLINE • TELEVISION WEDNESDAY,U UMY M, m141 HOME METRO SPORTS OPINEONS So HOl PHOTO VIDEO Letters to the Editor aY D: RPADIRs r°nuMr ze. zou: 1 n ®� ww —.1L I.M. aanera Re: Medical marijuana unlikely to pass legislature From the bill: The bill strikes references to the authority ofthe board to establish rules relating to the medicinal use of marimma including tetrahydrocannabinals naturally contained in a wnubis plant. A Schedule I controlled substance is a highly addictive and a schedule D controlled substance is a highly addictive substance that has an accepted medical um in the United States. As more states become progressive, it will either be the federal government changing the classification ofmarjuana out of Schedule 1 or an Iowa judge ruling on the side ofcompassion before them will be medical marijuana in Iowa. Them is too much reefer madness Handing in the way ofhu sanity. There is one brill in the House, HB His, for example, that is a rewrite ofClel Baudlaes regressive big from lag year that strips the Iowa Board ofPhannaryof any record or input and increases marijuana pecalties. Ray Lukens Re: Offer local TO, cards I'm not [so sure about ID cards] either. Bemuse we are older and have a move ofhistory, we know what these cards haw been wed for in the past and what they Can be used for again.I find the prospect ofisming such cards more frightening than measuring. John Ihnanme Re: Iowa's two losers are glaringly similar Wresting is a sport of aggression until you're aheed and only than can you ride out the time. Appears the Hawks came out of the phone booth norm like Clark gent than Superman. This is kind of a fiashbackm when Brands Bust was hying to get his coaching act together and installed in previous yea". However, fortoday's program, that should not be allowed or tolerated by Brenda and Company. Brands has proven he's a good reach about go percent ofthe time, but he HIL needs to Work on that in percent and his athletes performance vs. snugger. Online user anothertanklessjob In today's issue: Hawkeyes let one get Rawkeye wrestle" U111C recognizes Today's Display away take stock Dance Marathon Advertising fbmmma wlnp_� nl-w twn.l plug,, Search http://www.dailyiowan.com/2014/01/28/Opinions/36290.html 1/29/2014 Letters to the Editor - The Daily Iowan Page 2 of 3 INTERNATIONAL LUNCH s AT THE UNIVERSITY CLUB tens, experience university Club dining January 29 Vietnamese February 26 Polish March 26 Irish/Celtic April 30 Japanese SAVEM WON TEXTBOMSI awte0001= e800t.e osm Eluw15HOPAN L M6npgwaaaxx- �L✓ W Follow the DI through: oa�y Iowan eiots© Cwi�Oet' Sponsored Unho Ineuraxe lends Insurance Forum Health Nsurante Leads eCommerrr sokaloas Custom Mothers buy a [eat ad Access Blocked - Content Alert The URL: htta://aooaleads.a.doubleclock neVii was blocked • The link you are accessing has been blocked by the Barracuda Web Filter because It matches a blocked category. The name of the category is: "advertisements-popups" http://www.dailyiowan.com/2014/01/28/Opinions/36290.htm1 1/29/2014 Letters to the Editor - The Daily Iowan �lamr� I y1C 7nnc I C:tls�rlrT,lnnc 1 Pv.4 rS6Yl6. Page 3 of 3 P 11!'.• + v; MERCY I M rw.,,.^�'frµYer.." e.., Access Blocked - Content Alert The URL: htto:gwpm °,�dnubleclisck/t oaaead/ads? Mvkry Polity (Q,IS/0]) Tema M U4e (awue) Content Sudn6Non Fgrcement (&2V0)) T4pp V rr T http://www.dailyiowan.com/2014/O1/28/Opinions/36290.html 1/29/2014 www.press-citizen.com Printer -friendly article page Page 1 of 1 February 5, 2014 Proposed calendar shows no school on MLK Day 2015 Holly Hines Iowa City Press -Citizen A proposed 2014-15 school calendar for the Iowa City Community School District shows no school scheduled on Martin Luther King Jr. Day on Jan. 19, 2015. Members of the School Board's Policy and Engagement Committee plan to discuss the proposed calendar during tonight's committee meeting at 5:15 p.m. This comes after the district held school on MLK Day in 2014 and made plans to also hold school on the holiday in 2015. School officials held service activities including food drives, mock peace marches and civil rights lessons for students on MLK Day this year. District officials reported an overall attendance rate of about 85 percent on the holiday this year. This compares to average attendance rates school officials report as 95.7 for K-8 students and 89.5 percent for students in grades 9-12. In December, School Board members voted to approve a recommendation to not hold school on the holiday in 2015 following backlash from community members including members of organizations such as the Iowa City Coalition for Racial Justice and the Center for Worker Justice of Eastern Iowa. School officials said Iowa Code would not allow the district to change the calendar for 2014. http://Www.press-citizen.comlprintlarticlel2Ol4O2O5/NEW S011140205009IProposed-calend... 2/5/2014 www.press-citizen.com I Printer -friendly article page Pagel of 2 1pf"ddgv *j R �2OAl�MR February 10, 2014 Our View: Community IDs would aid more than just the undocumented Press -Citizen Editorial Board Our View Over the past 14 months, Iowa City's Human Rights Commission and Ad Hoc Diversity Committee have both recommended that the city become the first in Iowa — probably the first in the whole Midwest— to offer an official, city -approved, community identification card. The idea is that a community ID card would benefit many local residents who — for various reasons — have difficulty obtaining a state drivers' license or ID card. The Human Rights Commission originally expressed interest in such cards as a way of protecting the safety of undocumented immigrants in the city. But over the past year, the list of potential beneficiaries of such cards has expanded to include: • The spouses and dependents of international students. • Other immigrants and refuges who are in transitional status. • As well as elderly and low-income residents who have trouble gaining access to the right documents to obtain a government ID. At some level, the push for a community ID seems the latest stage of the unsuccessful attempt a few years ago to have Iowa City declared a "Sanctuary City." That effort ultimately failed after city legal staff determined that provisions of state and federal law made it impossible for city employees (especially law enforcement officers) to say that they always would and could offer services without regard to a local resident's immigration status. But the supporters of a municipal/community ID have learned much from that earlier effort. They have pulled on the expertise of University of Iowa College of Law professor Stella Burch Elias — who was involved in the launching of the Elm City Resident Card when she lived in New Haven, Conn. And a team of law students from Elias's Advanced Immigration Law and Policy course have completed and submitted a lengthy report to the city on the feasibility of implementing a similar program in the Iowa City area. The report documents: The likely widespread benefits of the card. The huge demand for such a card among the local immigrant community. (Of the 233 members of the local Latino and Sudanese communities, for example, the team found that 90 percent said they would use the card if they had the option.) • A cost -benefit analysis of the various types of similar programs being offered in New Haven; Mercer County, N.J.; and San Francisco, Oakland and Richmond, Calif. • And most importantly, an analysis of how such a program could be designed to comply with state http://www.press-citizen.com/print/article/2O l4O2l OlOPINIONO3130210000410ur-View-C... 2/10/2014 www.press-eiiizen.com I Printer -friendly article page Page 2 of 2 and federal immigration laws, privacy laws and open government laws. We think the supporters of a municipal ID card have done their homework well — especially in terms of presenting a number of different workable options for how the city could implement such a program. And even if the benefits of such a community ID program were limited only to undocumented immigrants living in the shadows of our community, the proposal would still be a reasonable, practical step for our community to take while our federal leaders haggle over what constitutes true comprehensive immigration reform. Additional Facts To contact us • Send letters (up to 250 words) to opinion@press-citizen.com. • All letters must include a name, address and daytime phone number. (Only your name and city will be printed.) • The editor reserves the right to edit letters for length, content, clarity and style. http://www.press-citizen.com/print/article/201402I O/OPINIONO3/302100004/Our-View-C... 2/10/2014 Dc11001 board to vote on not having classes for MLK Day - The Daily Iowan Pagel of 3 THE INDEPENDENT DAILY NEWSPAPER FOR THE UNIVERSITY OF IOWA COMMUNITY SINCE If — The Daily Iowan I NEWSPAPER • ONLINE T E L E V 1 5 1 0 N MONDAY, FEBRUARY IB, 2111 HOME METRO SPORTS OPINIONS~ So ROURS PHOTO VIDEO School Board to vote on not having classes for MLK Day er uaTEACIGNaeRC FBBRngRr lo, m15 s:aa AM EM •MNN./.NINI TRI........ Local children receive an additional holidaythis comingschool year. The Iowa City School Board will vote on its 2014-2015 calendar, deciding whether to hold classes on Martin Luther King Jr. Day after listening to marry angry people from the community. Currently, the calendar for the 2014-2015 school year has recess on King Day. During its Dec. 17, 2013 meeting, the School Board heard the concerns of may itiscus and organisations, including the Coalition of Racial Justice and Coalition of Worker Justice. Those who thdeh lied the board spoke of how holding school on King Day did not land to a proper observance of 'fie board looked into implementing a holiday this year but discovered that the scholastic calendar, which has already been voted on, could not be altered. One of the issues raised in opposition to instating a holiday was that schools were scheduled to have the finst eve" offer students the'a-learning day instead of canceling classes. The service -learning day intended to oPPorhmity to volunteer at the Crisis Center, learn about Martin Luther King Jr., or hear from ethnic speakers. Board members expressed apprehension on going forward with a decision so quickly because the board didn't discuss the issue in detail until December. At the December meeting, officials decided it would make a decision at this Tuesdays meeting regarding the holiday, but School Board memberTuyet Dumu said it still might be too soon. "III thought it was a bit premature seeing that we haven't seen the feedback from the service learning project done this year," she said. Community speakers who were in opposition to holding classes felt it did not offer students the proper venue to observe the holiday. Dorthy Whiaton, a member of the Racial Justice Coalition, noted that the need for a holiday was important to her and the special -service daydid not offerthe same value as a dismissal of ebasses would. "I think a lot of the activities they had planned were wonderful and had to do with the civil-rights movement, but at the same time, a lot of the activities did not," she said. "For many black families,this is a special day, and they have their own celebrations within the community outside of school. We encourage schools to do these things, but just not during the holiday itself." Board members took the coalitions view into account, but the board's views were split. `fie coalitions came and presented their views,' board president Sally Hoelscher said. "The board looked into changing the holiday this year but was Doable to." While the board is divided on the issue, Dumu said she believes the vote will be condensed to two concerns. "I think it boils down to two issues,"she said. "One is that whether or not the board is sensitive to J community's desires. The other is whether. or not we engage our communityla our decision makithe ng and implementation of the those decisions." 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