HomeMy WebLinkAbout2025_02_05 Town Board Minutes o
_ ��9_1_ Town of Mamaroneck
0 o Town Board Minutes
W 1� j m Wednesday, February 5, 2025, Courtroom, Second Floor of
n Town Center 5:00 PM
•
FOUNDED 1661
PRESENT: Jaine Elkind Eney, Town Supervisor
Sabrina Fiddelman, Councilmember
Anant Nambiar, Councilmember
ABSENT: Jeffery L. King, Councilmember
Robin Nichinsky, Councilmember
ALSO PRESENT: Allison May, Town Clerk
Meredith S. Robson, Town Administrator
William Maker Jr., Town Attorney
Paul Creazzo, Police Chief
Rich Polcari, Building Inspector (via conference call)
Marc Romero, Assistant to the Town Administrator
Christine Canavan, Assistant to the Town Administrator
5:00 PM THE TOWN BOARD WORK SESSION
The Work Session of the Town Board was called to order by Town Supervisor Elkind Eney.
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, the Work
Session unanimously opened at 5:04 p.m.
WORK SESSION ITEMS
1. Out of Order: Executive Session
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman,
the Town Board agreed to enter into Executive Session to discuss the
employment history of a particular person or persons.
Carried
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman,
the Town Board unanimously agreed to resume the Regular Meeting.
Carried
2. Out of Order/Additional Item: Town Seal/Logo Discussion
The Board discussed the development of a new Town seal/logo as one of their
objectives for 2025. Town Supervisor Elkind Eney mentioned reaching out to Tiffany
Zezula, of the Pace Land Use Law Center who recently oversaw the Town's
Comprehensive Plan, and who recommended a firm called Nexus. Elkind Eney spoke
to some of Nexus's principals to learn about their work, which includes public outreach
and design. They discussed various outreach methods and the aspects of the Town
of Mamaroneck that are important to the community, which could inspire the designs.
The firm could either meet with the Town Board first and then conduct public
outreach, or vice versa.
Town Board
February 5, 2025
Jirandy Martinez, Executive Director of the Community Resource Center, joined the
meeting at 5:18 PM. Supervisor Elkind Eney recapped the discussion on the Town
seal for Ms. Martinez, adding that the price range for redevelopment with Nexus is
between $15,000 to $35,000, depending on the level of public engagement.
Supervisor Elkind Eney will talk with Ms. Zezula to better estimate the engagement
needed for the Town seal/logo redevelopment by understanding the amount of public
engagement realized during the Comprehensive Plan's development.
Town Administrator Robson suggested talking to other design firms and mentioned
she has a list of firms that the Town has considered for other projects.
Councilmember Nambiar asked about other towns and villages that may have
recently gone through this process and if there is an even simpler way. Supervisor
Elkind Eney mentioned Ossining as an example of a town that recently revised their
seal/logo. She also believes that significant public engagement will be necessary and
added that Nancy Pierson, a member of the Larchmont-Mamaroneck Human Rights
Committee, would like to honor the past while finding a bridge to the future.
Councilmember Fiddelman agreed with that goal, stressing that a professional
designer should create the seal but pointing out the possibility of keeping the
arrowhead as an option. Councilmember Nambiar inquired about grants or funds
available for these changes, and Administrator Robson said she would check with the
Town's grant writers.
The Board discussed the desire for Supervisor Elkind Eney to announce the project to
the community later tonight during the Supervisor's Report in the regular session.
3. Discussion - Town of Mamaroneck Immigration Policy
Supervisor Elkind Eney initiated a discussion about ensuring that the Town's
Immigration policy and procedures are aligned with the New York State Attorney
General's guidance. Town of Mamaroneck Police Chief Paul Creazzo and Jirandy
Martinez, Executive Director of the Community Resource Center, participated in the
conversation. Key points of the discussion included:
• The need to develop a joint statement among the three local municipalities
rather than adopting a new policy.
• The importance of communication and resources for language barriers.
• Clarifying with the community the differences between local and federal
warrants, with a focus on criminal warrants.
• Concerns over ICE operations and the impact on the community, emphasizing
the need to avoid causing fear.
• Establishing a chain of notification for efficient communication of clear and
accurate information during incidents.
Supervisor Elkind Eney will develop a joint statement amongst the three municipalities
based on their current, well-aligned policy. The Board also emphasized the
importance of consistent communication between the municipalities to calm the
community and avoid misinformation.
See Attachment A.
4. Discussion - Easement Agreement — 59 Maple Hill Drive
Town Attorney Maker explained that the owners of 59 Maple Hill Drive have proposed
adding a sewer line to prevent flooding on their property, which wouldn't impact
neighbors directly but might help contain potential flood spillover. This private drain
connection to the Town storm sewer catch basin requires an easement agreement.
The agreement mandates maintenance access and the restoration of disturbed areas
back to Town specification. There are no downsides for the Town. The Town
Engineering Department has used this agreement before and recommends
authorizing the agreement.
Town Board
February 5, 2025
5. Discussion - Agreement for Consultant Services for Playground Shade
Evaluation & Design Development
Administrator Robson explained that last fall, the Town Engineering Department
issued a Request for Proposal (RFP) to evaluate and design potential shade
improvements at the Memorial Park playground. The scope included evaluating site
conditions, comparing improvement options, holding stakeholder meetings, and
developing designs with cost estimations. The RFP was initially advertised on the
Town's Bidnet portal and sent directly to consultant firms but received no proposals.
After further outreach, Labella Associates, an international consulting firm with a
strong presence in New York State, submitted a proposal that met the Town's RFP
scope. Next, due to the lack of capital budget for 2025, LaBella provided a revised
proposal of work for $33,800, excluding bid document preparation and review. The
Engineering Department has proposed that $30,000 from their consultant services
fund could be used for this project. Future procurement costs will be re-evaluated
after the design development process. The Town Administrator recommended that
the Board authorize LaBella's proposal to begin site evaluation and design
development work, with the possibility of including budget for the work in the 2026
capital projects budget. Supervisor Elkind Eney asked if the agreement could specify
including trees in addition to manmade structures, and the Board requested the
addition of language in the contract that made it clear the Board has a strong
preference for trees and shrubs.
6. Discussion - Rejection of Bid - TA-25-01 2025-2026 Street Sweeping Services
Bid procurement was completed for the 2025 and 2026 Street Sweeping Services
contract, covering approximately 39 miles of Town roads and seven paved properties.
Only one proposal was received, and that proposal significantly exceeded the
allocated budget. Previous contractors did not submit proposals. The Engineering
Department recommended rejecting this proposal and re-bidding with additional
notice to encourage more participation from prospective bidders.
7. Out of Order: Discussion - 2024 LMC Services Agreement
Administrator Robson presented the most recent version of the 2024 LMC Services
agreement for approval. The Town Board discussed retroactively approving the 2024
agreement with LMC Media Inc. for providing services related to the filming, editing,
and broadcast of Town meetings and events for a budget not to exceed $198,800.
The only change to the contract from the prior draft is that LMC has asked to limit
special coverage to 25 items. The Board agreed. The Board will be asked to approve
the 2025 contract at an upcoming meeting, but the contract will require one additional
change, which is any equipment purchased with Town funds will be owned by the
Town.
8. Out of Order: Discussion - Ambulance District Equipment - Lease Agreement
Administrator Robson explained that this lease agreement combines all Town-owned
emergency equipment under one master lease agreement, covering maintenance,
batteries, and service. The lease, reviewed by Attorney Maker, covers new stretchers,
Power Loads, AEDs, Lucas CPR devices, and heart monitors. It consists of two
consecutive five-year terms, with equipment replacement at the five-year mark. The
expense will be allocated to the budgets of the Ambulance District, Fire Department,
Police Department, Recreation, Senior Center, and Town Center based on equipment
allocation. Attorney Maker clarified that SF Stryker has the option to renew after five
years, not the Town. The annual cost of $203,616 is guaranteed not to increase upon
renewal, if SF Stryker agrees to renew the lease agreement for the second five-year
term. Councilmember Fiddelman confirmed with Administrator Robson that these
expenses are budgeted in the various departments.
Town Board
February 5, 2025
9. Discussion - Proposed Local Law - "Regulation of Solar Energy"
Town Building Inspector Rich Polcari explained, via conference call, that the Town
has been using a solar law passed in 2014, and he proposed that the Board now
consider New York State's new model solar law. This new law governs the
appearance and placement of both free-standing and rooftop solar panels, restricting
rooftop panels to 8 inches above the roof. Building Inspector Polcari further explained
that the proposed local law aims to permit and regulate solar energy systems, with
smaller systems (Tier 1 and Tier 2) allowed in all zoning districts, and larger systems
only allowed in specific districts. Amendments to the zoning ordinance mean the
Town Board must refer it to the Planning Board, which will then have 45 days to
respond. A public hearing could be scheduled for as soon as April 2nd.
Councilmember Fiddelman asked about provisions in this law potentially
circumventing other laws, particularly the Tree Law and fence heights. Polcari
responded that this law would not override the Tree Law and that Tier 3 properties,
which are generally much larger and in recreation districts, may benefit from a 7-foot
fence height limit, compared to the current 6-foot limit. Higher voltage in these tiers
might pose a safety issue, so a 7-foot fence may be safer. Councilmember Fiddelman
pointed out that other items in the model law, like prohibiting pesticide use, were
unusual. Polcari explained that New York State is promoting pollinator gardens under
large solar fields, thus the prohibition of pesticides beneath them. Town Attorney
Maker added that these were all part of the model law. Supervisor Elkind Eney added
that updating the solar policy aligns with the Town's Climate Smart Community goals.
10. Out of Order: Request for Executive Session
Moved by Supervisor Elkind Eney, seconded by Councilmember Nambiar, the
Town Board agreed to enter into Executive Session to discuss potential
litigation with Larchmont and the employment history of a particular person or
persons.
Carried
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar,
the Town Board unanimously agreed to resume the Regular Meeting.
Carried
11. Updates
Councilmember Fiddelman mentioned that the Housing Authority have adopted new
policies and procedures for applications and income verification which is similar to
what they used last year. The Housing Authority also approved new rental rates for
new tenants that are between 9 and 19 percent higher than what their current tenants
are paying. They have also approved rents for new tenants that are 9 to 19% higher
than the rates for current tenants, and in alignment with the most up to date HUD
rates. These rates will not apply to current tenants, only new tenants moving into the
complex in the future.
Supervisor Elkind Eney informed the Board that the Fire Department's two new trucks
should be ready by Memorial Day. The Supervisor added that Noah Goldberg is doing
a study of the various types of Fire Department calls to analyze if the Fire Department
could better use their resources.
12. Changes to Regular Meeting Agenda
13. Discussion - Budget Committee (DEFERRED)
14. Discussion - 2025 Town Parking Opportunities (DEFERRED)
Town Board
February 5, 2025
8:00 PM TOWN BOARD REGULAR MEETING
The Town Board meeting convened in the Courtroom Located on the second floor at the
Town Center. The Public was to view the meeting on cable access television (Optimum 76/
Fios 35) or on LMCMedia.org
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Town Supervisor Elkind
Eney at 8:04 p.m. The Town Supervisor noted that the Town Board met for a Work Session
beginning at 5:00 p.m. this evening, which was open to the public.
Welcome to the February 5, 2025, meeting of the Town Board of the Town of Mamaroneck.
The Town Board met today for a work session in Conference Room A, starting at 5:00 pm,
which is open to the public. At the work session, we started talking about the town logo.
On January 26, I was pleased to attend the ceremonial inauguration of former Westchester
County Executive George Latimer as he was locally sworn in by NYS Supreme Court Justice
Keri Fiore as our Congressman. Dozens of past and present local, county, state, and federal
officials (including Senator Schumer, Governor Hochul, NYS Senate Majority Leader Andrea
Stewart-Cousins, and NYS Attorney General Letitia James) attended the ceremony. It was
an exciting event. As always, George gave an inspiring and humble speech. We are hopeful
about Congressman Latimer's impact in our nation's capital.
On January 26, I attended the TMFD Installation Dinner with Sabrina, and Alli, and was
honored to swear in the Chiefs and Line Officers. Congratulations to Chief of Department
Alex Rapp, 1st Deputy Chief Joseph Russo, and 2nd Deputy Chief David Cremins. The
TMFD is always ready, on a moment's notice, to drop what they are doing and put
themselves in harm's way to protect our community. On behalf of myself, the Board of Fire
Commissioners, and the entire community, I want to express our deep pride and heartfelt
gratitude to all of them. They are truly the Town of Mamaroneck's bravest.
On January 29, I attended the groundbreaking ceremony for Murphy's Brothers'
Contracting's expanded self-storage facility. It is good to see a long-standing, family-owned,
local business thriving and growing in our community.
February 11th is a special election for the position of County Executive. As you know,
George Latimer left the position when he was elected Congressman. The County Board of
Legislators appointed Ken Jenkins pending the special election to be held on February 11 .
There is early voting from now until February 9. Registered voters can vote at any early
voting site during early voting. On February 11 , registered voters must vote at their assigned
voting location. For more information, go to the "Our Town, Our Future" section of the Town
website and visit the Voter Information Page.
There is a storm expected overnight and, as a result, we may have to delay the opening of
the Town Center tomorrow and cancel garbage collection. Stay tuned...
RESIDENT COMMENTS
Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board
and there was no one.
Town Board
February 5, 2025
BOARD OF FIRE COMMISSIONERS
1. Call to Order
Commissioner Elkind Eney called the Meeting to order, then on motion of
Commissioner Nambiar, and seconded by Commissioner Fiddelman, the Board of
Fire Commissioners was unanimously declared open.
Present were the following Members of the Commission:
Commissioner: Jaine Elkind Eney
Commissioner: Sabrina Fiddelman
Commissioner: Anant Nambiar
2. Fire Claims
Moved by Commissioner Nambiar, seconded by Commissioner Fiddelman
RESOLVED that the Board of Fire Commissioners hereby approves the
attached list of fire claims in the amount of$4,882.73.
Carried
3. Fire Report
Commissioner Elkind Eney read the Fire Report for the Month of January 2025, as
follows:
ALARM TYPE NUMBER
Generals 33
Minors 19
Stills 3
Out of Town (Mutual Aid) 1
EMS 52
Drills 4
TOTAL 112
Total number of personnel responding: 678
Total time working: 49 hours and 26 minutes.
See Attachment B.
4. Other Fire Department Business
There being no further business to come before the Fire Commission, on motion of
Commissioner Nambiar, Seconded by Commissioner Fiddelman, the Commission
unanimously adjourned and the Town Board reconvened.
AFFAIRS OF THE TOWN OF MAMARONECK
1. Consideration of - Easement Agreement— 59 Maple Hill Drive
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was
RESOLVED that the Town Board hereby approves the easement agreement
between the Town of Mamaroneck and the Owners of 59 Maple Hill Drive,
Larchmont, NY 10538 as presented and hereby authorizes the Town
Administrator to execute the agreement and any related documents necessary
to carry out its implementation.
Town Board
February 5, 2025
Carried
2. Consideration of - Agreement for Consultant Services for Playground Shade
Evaluation & Design Development
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was
RESOLVED that the Town Board hereby approves the submitted proposal from
La Bella Associates for the evaluation and design of shade remediation at
Memorial Park for a budget not to exceed$39,800 and hereby authorizes the
Town Administrator to execute the agreement and any related documents
necessary to carry out its implementation, subject to the changes discussed.
Carried
3. Consideration of - Rejection of Bid - TA-25-01 2025-2026 Street Sweeping
Services
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was
RESOLVED that the Town Board hereby rejects Bid TA-25-01 - 2025-2026 Street
Sweeping Services because it exceeds budget estimates.
Carried
4. Consideration of - Proposed Local Law - "Regulation of Solar Energy"
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was
RESOLVED that the Town Board hereby refers the Proposed Local Law-
"Regulation of Solar Energy" to the Planning Board for review and
recommendations.
Carried
5. Consideration of - Ambulance District Equipment - Lease Agreement
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was
RESOLVED that the Town Board hereby approves the 5-year lease agreement
with Stryker Sales LLC for maintenance of Ambulance District equipment for an
annual amount not to exceed$203,616.00 (with optional renewal with the same
terms for an additional 5 years) and hereby authorizes the Town Administrator
to execute the agreement and any related documents necessary to carry out its
implementation.
Carried
6. Consideration of - 2024 LMC Services Agreement
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was
RESOLVED that the Town Board hereby retroactively approves the 2024
agreement with LMC Media Inc. for providing services relating to the filming,
editing and broadcast of Town meetings and events from January 1, 2024,
through December 31, 2024, for a budget not to exceed$198,800 and hereby
authorizes the Town Administrator to execute the agreement and any related
documents necessary to carry out its implementation.
Carried
Town Board
February 5, 2025
7. Consideration of - Salary Authorization - Police Department
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was
RESOLVED that the Town Board hereby approves the appointment of Mr.
Kenneth Willams as a Probationary Police Officer, effective February 6, 2025, at
an annual salary of$78,171.00.
Carried
8. Consideration of - Salary Authorization & Promotion - Police Department
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, it was
RESOLVED that the Town Board hereby retroactively approves the promotion
and appointment of Police Officer Robert Rotella to Detective, as of January 1,
2025, at an annual salary of$137,945.00.
Carried
REPORTS OF MINUTES
1. Report of Minutes of January 22, 2025, and November 20, 2024.
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, it was
RESOLVED that the Town Board hereby approves the minutes of January 22,
2025, and November 20, 2024.
Carried
REPORTS OF THE COUNCIL
Councilmember Nambiar
• Missed the last Board meeting and several other events, as he was on vacation with
his family in Japan.
• The continuation of December's Planning Board meeting will be held on February
19th. Unfortunately, he will miss that as it conflicts with the next Town Board meeting.
• There was a STEM alliance screening of `Counted Out' last night. It was about the
importance of Math in our society and the need for everyone to be comfortable with
numbers. Fewer and fewer people are accomplishing that. About 70 people attended
and Councilmember Nambiar was on the panel. It was a great movie and a great
discussion.
Councilmember Fiddelman
• Councilmember Fiddelman agreed that the "Counted Out" event held the previous
night made everyone recognize the critical importance of mathematics and the
deficiencies and inequities in teaching math in our country. Thanked Councilmember
Nambiar for his participation on the panel during the discussion.
• Congratulated and expressed gratitude to the three new Chiefs at the Town of
Mamaroneck Fire Department.
TOWN ATTORNEY'S REPORT
A week from today is the start of spring training. It's also the 133rd anniversary of Babe
Ruth's birth in 1895. As the 2025 baseball season kicks off, it's certain that someone will
mention that the season has already broken a record. Even though there's no professional
football or boxing today, figures like Jack Dempsey and Babe Ruth continue to be
remembered and celebrated. People still think about and compare current players to Babe
Town Board
February 5, 2025
Ruth, whose impact on our society remains profound. The baseball gods were wise to have
made him. Happy birthday, Babe!
RETURN TO WORK SESSION
On motion of Councilmember Fiddelman, seconded by Councilmember Nambiar, the
meeting was unanimously recessed at 8:35 p.m. and the Board returned to a Work
Session in Conference Room A.
Carried
Moved by Councilmember Fiddelman, seconded by Councilmember Nambiar, the
Town Board agreed to enter into Executive Session to discuss the employment
history of particular persons for Boards and Commissions and for the Budget
Committee.
Carried
ADJOURNMENT
Moved by Councilmember Nambiar, seconded by Councilmember Fiddelman, the
Town Board agreed to end their Executive Session and close the meeting at 9pm.
Carried
REGULARLY SCHEDULED MEETING - February 19, 2025
Submitted by
Allison May, Town Clerk
Town Board
February 5, 2025
Attachment A
STATEMENT OF POLICY OF THE TOWN OF MAMARONECK
ON IMMIGRATION ENFORCEMENT AND DISCRIMINATION
IT IS THE POLICY OF THE TOWN OF MAMARONECK that its law enforcement officials
not engage in activities solely for the purpose of enforcing federal immigration laws. In
furtherance of that policy:
(A) Town of Mamaroneck Police shall not stop,question,interrogate,investigate,or
arrest an individual solely on the basis of:
(1) Actual or suspected immigration or citizenship status,or
(2) A"civil immigration detainer"1 or administrative warrant in the
individual's name,including those identified in the National Crime
Information Center(NCIC)database.
(B) Town of Mamaroneck Police shall not inquire about the immigration status of an
individual,including a crime victim,a witness,or a person who calls or
approaches the police seeking assistance,unless necessary to investigate criminal
activity by that individual.
(C) Town of Mamaroneck Police shall not perform the functions of a federal
immigration officer or otherwise engage in the enforcement of federal immigration
law—whether pursuant to 8 U.S.C. §1357(g)or under any other law,regulation,or
policy.
(D) Town of Mamaroneck Police shall not inquire about or request proof of a person's
citizenship, immigration status,or country of origin when providing services or benefits,
except where necessary to administer a public program,benefit,or service,or where
required by law.
(E) Town of Mamaroneck Police shall have a formal Language Assistance Policy for
individuals with Limited English Proficiency and provide interpretation or
translation services consistent with that policy. The Town of Mamaroneck Police
shall not use federal immigration officers as interpreters for law enforcement
matters including stops,
questioning, interrogation,or arrest.
(F) Town of Mamaroneck Police shall record,solely to create the reports described in
subsection(1)below,the following for each immigration detainer,notification,
transfer,interview,or interrogation request received from federal civil
immigration authorities:
• The subject individual's race,gender, and age;
1
Town Board
February 5, 2025
Attachment A (Cont'd)
•Date and time that the subject individual was taken into LEA custody,the location
where the individual was held,and the arrest charges;
•Date and time of the Town of Mamaroneck Police receipt of the request;
•The requesting agency;
•The nature of the request;
•Immigration or criminal history indicated on the request form,if any;
•Whether the request was accompanied by any documentation regarding immigration status or
proceedings;
• Whether there was a judicial warrant;
•Whether a copy of the request was provided to the individual and,if yes,the date and time of
notification;
•Whether the individual requested to confer with counsel regarding the request;
• Town of Mamaroneck Police response to the request,including a decision not to fulfill the
request;
•If applicable,the date and time that federal authorities took custody of,or were otherwise
given access to,the individual;and
•The date and time of the individual's release from Town of Mamaroneck Police custody.
(1)Town of Mamaroneck Police shall provide semi-annual reports to the Town Board and make
publicly available the information collected above in an aggregated form that is stripped of all
personal identifiers in order that the Town of Mamaroneck Police and the community may monitor
the Town of Mamaroneck Police compliance with all applicable law.
IT IS THE FURTHER POLICY OF THE TOWN OF MAMARONECK that its law
enforcement officials not honor detainer requests from U.S. Immigration and Customs
Enforcement("ICE")or Customs and Border Protection("CBP")without a judicial warrant,
except in very limited circumstances. In furtherance of that policy:
Town of Mamaroneck Police may respond affirmatively to a"civil immigration
detainer"or other request from ICE or CBP to detain or transfer an individual for
immigration enforcement or investigation purposes for up to 48 hours ONLY IF the
request is accompanied by a judicial warrant,except that the Police may detain a person
for up to 48 hours on a detainer if:
(A) There is probable cause to believe that the individual has illegally re-entered the
country after a previous removal or return,as defined by 8 U.S.C. § 1326,and the
1 A"civil immigration detainer"is sometimes called a"civil immigration warrant."
2
Town Board
February 5, 2025
Attachment A (Cont'd)
•
individual has been convicted at any time of(1)a specifically enumerated set of
serious crimes under the New York Penal Law(e.g., Class A felony,attempt of a
Class A felony,Class B violent felony,etc.)2,or(2)a federal crime or crime
under the law of another state that would constitute a predicate felony conviction,
as defined under the New York Penal Law,for any of the preceding felonies;or
(B) There is probable cause to believe that the individual has or is engaged in terrorist
activity.
IT IS THE FURTHER POLICY OF THE TOWN OF MAMARONECK that in those cases in
which the Town of Mamaroneck Police do receive federal immigration enforcement requests,
the Police shall give the detainee notice of the request and protect the detainee's due process
rights.In furtherance of that policy,
(A) The Town of Mamaroneck Police shall not delay bail and/or release from custody
upon posting of bail solely because of: (1)an individual's immigration or
citizenship status,(2)a civil immigration warrant,or(3)an ICE or CBP request—
for the purposes of immigration enforcement—for notification about,transfer of,
detention of,or interview or interrogation of that individual.
(B) Individuals in the custody of the Town of Mamaroneck Police Department shall be
subject to the same booking,processing,release,and transfer procedures,policies
and practices the Department ordinarily uses,regardless of actual or suspected
citizenship or immigration status.
(C) Upon receipt of an ICE or CBP detainer,transfer,notification, interview or
interrogation request with respect to an immigrant in custody,the Town of
Mamaroneck Police shall provide a copy of that request to the individual named in
it and inform the individual whether the IPD will comply with the request,before
communicating the IPD response to the requesting agency.A copy of the request
shall also be transmitted promptly to the Town Administrator and Town
Supervisor.
IT IS THE FURTHER POLICY OF THE TOWN OF MAMARONECK that the Town of
Mamaroneck Police shall not provide ICE or CBP with access to an individual in the IPD's
custody nor permit the use of Town facilities to question or interview such individual if ICE's
or CBP's sole purpose is enforcement of federal immigration law.
2 The list of serious crimes,based on N.Y.C.Administrative Code § 14-154(a)(6),is
attached.
3
Town Board
February 5, 2025
Attachment A (Cont'd)
IT IS THE FURTHER POLICY OF THE TOWN OF MAMARONECK that,in the absence of
a judicial warrant,the Town of Mamaroneck Police shall not honor ICE or CBP requests for
certain personal information about an individual.In furtherance of that policy:
(A) The Town of Mamaroneck Police may respond affirmatively to an ICE or CBP
request for non-public information about an individual,including but not limited
to non-public information about an individual's release,home address,or work
address,ONLY IF the request is accompanied by a judicial warrant,except that
nothing shall prohibit the Police from:
(1) sending or receiving from any local,state or federal agency,as required by
8 U.S.C. § 1373,(a)information regarding an individual's country of
citizenship,or(b)a statement of the individual's immigration status;or
(2) disclosing information about an individual's criminal arrests or
convictions,where disclosure of such information is otherwise permitted
by state law or required pursuant to subpoena or court order;or
(3) disclosing information about an individual's juvenile arrests or
delinquency or youthful offender adjudications,where disclosure of such
information is otherwise permitted by state law or required pursuant to
subpoena or court order.
(B) The Town of Mamaroneck Police shall limit the information collected from
individuals concerning immigration or citizenship status to that necessary to
perform agency duties and shall prohibit the use or disclosure of such information
in any manner that violates federal,state or local law.
IT IS THE F,
(i.e.,money, jact es,prop`' ,equipmen ofpersonne no •e use. o creae or ass
creation of any registry, including a federal r ,that on race, gender, sex
ntation,
IT IS THE POLICY OF THE TOWN OF MAMARONECK that Town personnel not inquire
about or request proof of immigration status or citizenship when providing services or
benefits,except where the receipt of such services or benefits is contingent on one's
immigration or citizenship status or where such inquiries are otherwise lawfully required by
federal,state or local laws.
4
Town Board
February 5, 2025
Attachment A (Cont'd)
STATEMENT OF POLICY OF THE VILLAGE OF IRVINGTON
ON IMIVIIGRATION ENFORCEMENT AND DISCRIMINATION
(2/28/17)
IT IS THE POLICY OF THE VILLAGE OF IRVINGTON that its law enforcement officials not
engage in activities solely for the purpose of enforcing federal immigration laws.In furtherance
of that policy:
(A) Irvington Police shall not stop,question,interrogate,investigate,or arrest an
individual solely on the basis of:
(1) Actual or suspected immigration or citizenship status,or
(2) A"civil immigration detainer"' or administrative warrant in the
individual's name,including those identified in the National Crime
Information Center(NCIC)database.
(B) Irvington Police shall not inquire about the immigration status of an individual,
including a crime victim,a witness,or a person who calls or approaches the police
seeking assistance,unless necessary to investigate criminal activity by that
individual.
(C) Irvington Police shall not perform the functions of a federal immigration officer
or otherwise engage in the enforcement of federal immigration law—whether
pursuant to 8 U.S.C. §1357(g)or under any other law,regulation,or policy.
IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that its law enforcement
officials not honor detainer requests from U.S.Immigration and Customs Enforcement("ICE")
or Customs and Border Protection("CBP")without a judicial warrant,except in very limited
circumstances. In furtherance of that policy:
Irvington Police may respond affirmatively to a"civil immigration detainer"or other
request from ICE or CBP to detain or transfer an individual for immigration enforcement
or investigation purposes for up to 48 hours ONLY IF the request is accompanied by a
judicial warrant,except that the Police may detain a person for up to 48 hours on a
detainer if:
(A) There is probable cause to believe that the individual has illegally re-entered the
country after a previous removal or return,as defined by 8 U.S.C. § 1326,and the
1 A"civil immigration detainer"is sometimes called a"civil immigration warrant."
1
Town Board
February 5, 2025
Attachment A (Cont'd)
individual has been convicted at any time of(1)a specifically enumerated set of
serious crimes under the New York Penal Law(e.g.,Class A felony,attempt of a
Class A felony,Class B violent felony,etc.)2,or(2)a federal crime or crime
under the law of another state that would constitute a predicate felony conviction,
as defined under the New York Penal Law,for any of the preceding felonies;or
(B) There is probable cause to believe that the individual has or is engaged in terrorist
activity.
IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that in those cases in
which the Irvington Police do receive federal immigration enforcement requests,the Police shall
give the detainee notice of the request and protect the detainee's due process rights.In
furtherance of that policy,
(A) The Irvington Police shall not delay bail and/or release from custody upon posting
of bail solely because of:(1)an individual's immigration or citizenship status,(2)
a civil immigration warrant,or(3)an ICE or CBP request—for the purposes of
immigration enforcement—for notification about,transfer of,detention of,or
interview or interrogation of that individual.
(B) Individuals in the custody of the Irvington Police Department shall be subject to
the same booking,processing,release,and transfer procedures,policies and
practices the Department ordinarily uses,regardless of actual or suspected
citizenship or immigration status.
(C) Upon receipt of an ICE or CBP detainer,transfer,notification,interview or
interrogation request with respect to an immigrant in custody,the Irvington Police
shall provide a copy of that request to the individual named in it and inform the
individual whether the IPD will comply with the request,before communicating
the IPD response to the requesting agency.A copy of the request shall also be
transmitted promptly to the Village Administrator and Mayor.
IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that the Irvington Police
shall not provide ICE or CBP with access to an individual in the IPD's custody nor permit the
use of Village facilities to question or interview such individual if ICE's or CBP's sole purpose
is enforcement of federal immigration law.
2 The list of serious crimes,based on N.Y.C.Administrative Code § 14-154(a)(6),is
attached.
2
Town Board
February 5, 2025
Attachment A (Cont'd)
IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that,in the absence of a
judicial warrant,the Irvington Police shall not honor ICE or CBP requests for certain personal
information about an individual.In furtherance of that policy:
(A) The Irvington Police may respond affirmatively to an ICE or CBP request for
non-public information about an individual,including but not limited to non-
public information about an individual's release,home address,or work address,
ONLY IF the request is accompanied by a judicial warrant,except that nothing
shall prohibit the Police from:
(1) sending or receiving from any local,state or federal agency,as required by
8 U.S.C. § 1373,(a)information regarding an individual's country of
citizenship,or(b)a statement of the individual's immigration status;or
(2) disclosing information about an individual's criminal arrests or
convictions,where disclosure of such information is otherwise permitted
by state law or required pursuant to subpoena or court order;or
(3) disclosing information about an individual's juvenile arrests or
delinquency or youthful offender adjudications,where disclosure of such
information is otherwise permitted by state law or required pursuant to
subpoena or court order.
(B) The Irvington Police shall limit the information collected from individuals
concerning immigration or citizenship status to that necessary to perform agency
duties and shall prohibit the use or disclosure of such information in any manner
that violates federal,state or local law.
IT IS THE FURTHER POLICY OF THE VILLAGE OF IRVINGTON that Village resources
(i.e.,money,facilities,property,equipment or personnel)not be used to create or assist in the
creation of any registry,including a federal registry,that is based on race,gender,sexual
orientation,religion,ethnicity or national origin.
IT IS THE POLICY OF THE VILLAGE OF IRVINGTON that Village personnel not inquire
about or request proof of immigration status or citizenship when providing services or benefits,
except where the receipt of such services or benefits is contingent on one's immigration or
citizenship status or where such inquiries are otherwise lawfully required by federal,state or
local laws.
3
Town Board
February 5, 2025
Attachment A (Cont'd)
Revised:2/22/2018
ACT 19 - 2018
TO: HONORABLE BOARD OF LEGISLATORS
COUNTY OF WESTCHESTER
Your Committee recommends passage of"An Act regarding the policy of the County of
Westchester regarding the treatment of individuals relating to their Citizenship or Immigration
Status."
Your Committee is aware that many immigrants are frightened to cooperate with law
enforcement when they need assistance in their home community. In a study by the University
of Illinois,45%of Latinos stated that they are less likely to voluntarily offer information about
crimes and are less likely to report a crime because they are afraid the police will ask them or
people they know about their immigration status) Meanwhile, 70%of undocumented
immigrants report that they are less likely to contact law enforcement authorities if they are a
victim of a crime,according to the same report. This undermines the safety of all Westchester
residents. Your Committee is also aware that only about 690,000(6.3%)of the approximately
11 million unauthorized immigrants estimated to be in the United States have been convicted of
a felony or serious misdemeanor.2
Your Committee believes that the proposed Act will ensure that all county residents are
treated fairly in any part of the justice system and that immigrants will be more confident in
working with law enforcement. Law enforcement authorities seek to facilitate cooperation and
develop relationships with immigrant communities in the investigation and prosecution of crime.
I See http:/hvww.policvlink.ora/sites/defult/filesTINSECURE COMMUNITIES REPORT_FINAL.pcif.
2 See https://www.migrationpolicyorz/research/understanding-potential-impact-executive-action-
i mmi grati on-enforcement.
1
Town Board
February 5, 2025
Attachment A (Cont'd)
Revised:2/22/2018
This proposed Act includes provisions to encourage cooperation and foster positive relations
between county residents and law enforcement. Ultimately this Act will improve public safety
for all of Westchester's residents.
Your Committee finds that although all Westchester County departments and agencies
and particularly the Departments of Public Safety,Correction and Probation are required to
follow all federal immigration laws,this proposed Act will ensure that individuals are not
stereotyped or discriminated against by providing that County employees shall not inquire as to
immigration status or detain a person based solely on immigration status. This proposed Act also
provides that County employees shall not affirmatively communicate with federal immigration
authorities unless otherwise required to by federal law or for purposes of a criminal
investigation,and will allow individuals being interviewed by federal immigration authorities the
opportunity to have counsel present. This Act requires compliance with all federal immigration
legislation,regulations and state law.
Your Committee is aware that the 4th Amendment to the United States Constitution
protects us from unlawful search and seizure. Accordingly,the proposed Act provides that an
inmate's release from custody shall not be delayed for a suspected federal immigration offense in
the absence of a judicial warrant or probable cause to believe the inmate has committed an
4
additional,non-immigration related crime.
01
Your Committee is advised that this proposed Act will prohibit affirmative
communication with federal immigration authorities regarding an individual's immigration status
2
Town Board
February 5, 2025
Attachment A (Cont'd)
Revised:2J22/2018
unless said communication is required by state or federal law,or is related to the investigation of
a possible non-immigration related crime. In the event confidential or non-public information is
shared with federal immigration authorities,notification will be provided to the individual and
the individual's attorney,if any. To be clear,in compliance with federal law(8 U.S.C. § 1373),
nothing in this proposed Act prohibits the County from sending or receiving information from
any local,state or federal agency regarding an individual's citizenship or immigration status,so
long as such communication is otherwise required by state or federal law. The proposed Act
does not shield anyone involved in criminal conduct. The proposed Act does not create a
sanctuary for anyone involved in criminal conduct nor is it a sanctuary as to any law
enforcement,investigation,prosecution or imprisonment after having been found guilty of a
crime. Rather, it facilitates law enforcement investigation and prosecution of criminal offenses.
Your Committee has been advised that a federal court recently concluded that Section
1373 imposes no affirmative duty on a local government to actively cooperate with federal
immigration authorities. See City of Chicago v. Sessions,264 F. Supp.3d 933(N.D.M. 2017).
Notably,the Attorney General of the United States has also taken the position that Section 1373
imposes no affirmative duty on local governments to actively coordinate with federal
immigration authorities. See City of Chicago v. Sessions,2017 U.S. Dist.Ct.Motions LEXIS
441,at*9-10("In response to the Court's questions,the Attorney General disclaimed,in clear
terms,that there were any such obligations,explaining that'the current administration_very
much believes in the 10th Amendment and separation of powers,and so affirmative obligations
to actually go and employ the regulatory system would be one thing,but 1373 doesn't require
that at all."). The Attorney General's position instead appears to be that Section 1373 requires
3
Town Board
February 5, 2025
Attachment A (Cont'd)
Revised:2/22/2018
County personnel to honor requests from federal immigration authorities for an individual's
immigration status. See id. at*10("Section 1373 . . .just bars the City from having a policy that
bars itself the reporting of that information."). This proposed Act takes the foregoing into
account,and sets forth constitutionally permissible procedures that will help assure just and fair
treatment for all Westchester County residents.
Your Committee is aware that a January 2017 Presidential Executive Order directs the
Attorney General to"ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373
(sanctuary jurisdictions)are not eligible to receive Federal grants.i3 A May 2017 memorandum
from the Attorney General clarifies that"[a]jurisdiction that does not willfully refuse to comply
with[S]ection 1373 is not a`sanctuary jurisdiction'as that term is used in[the Executive
Order].i4 In part because the proposed Act explicitly mandates compliance with Section 1373
(see§§ 7, 15),your Committee believes it does not put any of Westchester's federal grants at
risk.
Your Committee is also aware that the withholding of federal grants on the basis of so-
called"sanctuary"legislation is the subject of ongoing litigation across the United States. For
example, a federal district court in California recently issued a nationwide injunction against any
enforcement of the above-quoted portion of the January 2017 Presidential Executive Order. See
Cty. of Santa Clara v. Trump,250 F.Supp.3d 497(N.D.Cal.2017). A federal district court in
Illinois similarly granted a nationwide injunction against the Attorney General's imposition of,
3 See httas://www.whitehouse.gov/presidential-actions/executive-order-enhancing-public-safety-interior-
united-statgs/,
°See https://www.iustice.gov/opa/press-release/file/968146/download(emphasis added).
4
Town Board
February 5, 2025
Attachment A (Cont'd)
Revised:2/22/2018
inter alia,a requirement that local authorities provide federal agents advance notice of the
release of individuals suspected of immigration violations as a condition for certain grants. See
City of Chi. v. Sessions,264 F.Supp.3d 933 (N.D. 111.2017). And most recently,a federal
district court in Pennsylvania conducted a comprehensive examination of the relevant law,and
concluded that the City of Philadelphia's policies intended to limit coordination with federal
immigration enforcement,which are similar to those in the proposed Act,did not run afoul of
Section 1373. See City ofPhila. v. Sessions,No. 17-CV-3894(MMB),2017 U.S.Dist.LEXIS
188954(E.D.Pa.Nov. 15,2017). All of these decisions are currently on appeal to their
respective circuit courts,and the County Attorney's office will monitor these appeals for any
implications on the proposed Act.
An affirmative vote of a majority of the voting strength of your Honorable Board is
required for approval of this Act. The effective date for the proposed Act is sixty days after
adoption,in order to allow time for County departments to prepare for implementation of the
Act's provisions.
Finally, as you know,this Honorable Board must comply with the requirements of the
State Environmental Quality Review Act("SEQRA"). Your Committee is advised that the
Planning Department has reviewed the applicable SEQRA regulations(6 N.Y.C.R.R.Part 617),
and has determined that since the proposed action does not"change the use, appearance or
condition of any natural resource or structure,"or otherwise affect the environment,with respect
to SEQRA,this proposed Act does not constitute an action as defined in 6 N.Y.C.R.R. §
617.2(b),and as such,no further environmental review is required.
5
Town Board
February 5, 2025
Attachment A (Cont'd)
Revised:2/22/2018
In light of the aforementioned,your Committee,after careful consideration,recommends
adoption of this proposed Act.
Dated: I tr(?!? 5, 0 0/
White Plains,New York
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Town Board
February 5, 2025
Attachment A (Cont'd)
FISCAL IMPACT STATEMENT
SUBJECT: Immigration Protection Act J fNO FISCAL IMPACT PROJECTED
OPERATING BUDGET IMPACT
To Be Completed by Submitting Department and Reviewed by Budget
SECTION A-FUND
nGENERAL FUND nAIRPORT FUND nSPECIAL DISTRICTS FUND
SECTION B-EXPENSES AND REVENUES
Total Current Year Expense $ -
Total Current Year Revenue $ -
Source of Funds(check one): Current Appropriations nTransfer of Existing Appropriations
nAdditional Appropriations JOther(explain)
Identify Accounts:
Potential Related Operating Budget Expenses: Annual Amount $ -
Describe:
Potential Related Operating Budget Revenues: Annual Amount $ -
Describe: This Act fully compiles with all federal immigration legislation,regulations and
state law. The County accordingly expects no interruption in receipt of federal aid from the US
Department of Justice(DOJ)and Homeland Security(OHS).
Anticipated Savings to County and/or Impact on Department Operations:
Current Year. DOC believes additional staff,up to two Correction Officers,may be required to
maintain compliance with the Act. This analysis Is ongoing.
Next Four Years:
Prepared by: Ryan Moore g
Title: Assistant Budget D Reviewed By e
Department: Budget Budget Director
Date: February 9,2018 Date:
Town Board
February 5, 2025
Attachment A (Cont'd)
y
ester
• :`:i .VCOm Memorandum
'' Department of Planning
TO: Linda Trentacoste
Associate County Attorney
FROM: David S.Kvinge,AICP,RLA,CFM
Director of Environmental Planning
DATE: February 8,2018
SUBJECT: STATE ENVIRONMENTAL QUALITY REVIEW FOR
IMMIGRANT PROTECTION ACT
Pursuant to your request for an environmental review of the above referenced action,the
Planning Department has determined that no environmental review is necessary.
The action involves an act of the Board of Legislators instituting a policy of the County of
Westchester regarding the treatment of individuals relating to their citizenship or immigration
status.
Since the proposed act does not"change the use,appearance or condition of any natural resource
or structure,"or otherwise affect the environment,with respect to the State Environmental
Quality Review(SEQR)Act,this does not constitute an action as defined in section 617.2(b)of
6NYCRR Part 617. As such,no environmental review is required.
Please contact me if you need any additional information on this matter.
DSK/cnm
cc: Andrew Ferris,Chief of Staff
Paula Friedman,Assistant to the County Executive
Debby Linhardt,Committee Coordinator,Board of Legislators
Norma Drummond,Acting Commissioner
Claudia Maxwell,Associate Environmental Planner
Town Board
February 5, 2025
Attachment A (Cont'd)
As of:3/5/2018
ACT NO. 19 -2018
AN ACT regarding the policy of
the County of Westchester regarding the
treatment of individuals relating to their
Citizenship or Immigration Status.
BE IT ENACTED by the County Board of the County of Westchester as follows:
Section 1.Definitions:
a. Citizenship or Immigration Status means an individual's Citizenship of the United
States or any other country and an individual's statutory or regulatory right to reside in or
otherwise be present in the United States as determined under the federal Immigration and
Nationality Act.
b.Federal Immigration Authorities means any agency or individual employed by or
acting as an agent of the federal government and charged with enforcement of the civil
provisions of the Immigration and Nationality Act,including but not limited to,United States
Immigration and Customs Enforcement,United States Customs and Border Protection,and
United States Citizenship and Immigration Services.
c. County Law Enforcement Agencies (CLEAs)means the employees,agents and officers
of the County Departments of Public Safety,Correction,and Probation.
d. Civil Immigration Detainer/Hold Request means a request issued pursuant to 8 C.F.R.
§287.7,or any similar request by Federal Immigration Authorities asking CLEAs to maintain
custody of an individual currently in its custody beyond the time the individual would otherwise
be eligible for release,in order to facilitate the individual's transfer to Federal Immigration
Authorities,its form and content,including but not limited to United States Department of
Homeland Security(DHS)Form I-247A.
e.Notification Request means a request from Federal Immigration Authorities to CLEAs
asking to be informed of the release date,time,and/or location of an individual,its form and
content,including but not limited to DHS Form I-247N.
f. Transfer Request means a request from Federal Immigration Authorities to CLEAs
asking for the transfer of an individual in custody of CLEAs to Federal Immigration Authorities,
its form and content,including but not limited to DHS Form 1-247X.
g.Judicial Warrant means a warrant based on probable cause and issued by a federal
judge as established in Article Ill of the United States Constitution or a federal magistrate judge,
or a judge or magistrate of a court of competent jurisdiction. This does not include an
Town Board
February 5, 2025
Attachment A (Cont'd)
As of:3/5/2018
administrative warrant or any other document issued or signed by employees of the Department
of Homeland Security or the Department of Justice relating solely to federal immigration law.
h. Confidential Information means any information obtained and/or maintained by
CLEAs or other County agencies or employees that has been deemed confidential by federal or
state statute or regulation, and/or relating to an individual's sexual orientation,status as a victim
of domestic violence or sexual assault,status as a victim of a crime, status as a crime witness,or
status as a recipient of public assistance.
i.Non-Public Information means information not readily accessible by search within the
public domain and/or which requires access to government records not generally available for
public review,including but not limited to an individual's home address,work address,email
address,past or future release dates,or income tax records.
§2.
a.Any service provided by any County agency or employee shall be made available to all
eligible individuals,regardless of Citizenship or Immigration Status.
b.When assessing eligibility for or providing services or benefits,CLEAs and other
County agencies and employees shall not inquire about or request proof of Citizenship or
Immigration Status,unless the receipt of such services or benefits is contingent upon an
Individual's Citizenship or Immigration Status,or when required by federal or state statute,
regulation,or case law. When inquiry or request for proof regarding Citizenship or Immigration
Status is permitted under this section,such inquiry or request should be limited to that necessary
to evaluate eligibility or comply with relevant law.
c.County resources shall not be used to create an official registry of Westchester
residents for the purposes of targeted immigration profiling based on race,sex,gender identity,
sexual orientation,religion,ethnicity,or national origin.
§3.
CLEAs and other County agencies and employees shall not inquire about or investigate
the Citizenship or Immigration Status or country of birth or place of birth of an individual unless:
a.Required by federal or state statute,regulation,or case law;or
b.Permissible,as determined in Section 2; or
c.Related to the investigation of a possible non-immigration related crime;or
d.Voluntary and informed consent has been obtained from the individual.
§4.
CLEAs and other County agencies and employees shall not threaten to contact Federal
Immigration Authorities or to transmit any information about any individual's Citizenship or
Immigration Status to Federal Immigration Authorities.
2
Town Board
February 5, 2025
Attachment A (Cont'd)
As of:3/5/2018
§5.
CLEAs and other County agencies and employees shall not use County facilities,funds,
personnel or other resources for detecting or apprehending individuals based solely on their
actual or suspected Citizenship or Immigration Status.
§6.
CLEAs shall not stop,question,interrogate, investigate,or arrest an individual based
upon any one or more of the following:
a.Actual or suspected Citizenship or Immigration Status;or
b.Actual or suspected country of birth;or
c.Existence of an administrative warrant,or Civil Immigration Detainer/Hold Request in
the individual's name.
§7.
a.CLEAs shall not communicate with Federal Immigration Authorities about an
individual unless:
1.Required by federal or state statute,regulation,or case law;or
2.Related to the investigation of a possible non-immigration related crime;or
3.There is probable cause to believe that an individual has illegally re-entered the
Country after a previous order of removal or return as defined by 8 U.S.C. § 1326,
and the individual has been convicted at any time of a felony under New York
State Penal Law,or federal crime or crime under the law of another state,either of
which would constitute a predicate felony conviction;or
4.There is probable cause to believe that the individual has or is engaged in
terrorist activity.
b.Subsection(a)does not govern the sending or receiving of information regarding the
citizenship or immigration status,lawful or unlawful,of any individual.
§8.
Nothing in this Act prohibits any CLEAs or other County agencies or employees from
sending to or receiving from any local,state,or federal agency—as required by 8 U.S.C. § 1373
—information regarding an individual's Citizenship or Immigration Status.
§9.
CLEAs and other County agencies and employees shall not provide Federal Immigration
Authorities with access to any County equipment or area not available to the general public,
unless required by exigent circumstances.
3
Town Board
February 5, 2025
Attachment A (Cont'd)
As of:3/5/2018
§10.
a. Except as provided in Section 7,the CLEAs and other County agencies shall not
permit Federal Immigration Authorities to interview an individual in County custody for the sole
purpose of enforcing federal immigration laws without a Judicial Warrant or the voluntary and
informed consent of the individual,and if any such interview shall take place,the individual
shall be provided with the opportunity to have legal counsel present.
b. CLEAs and other County agencies shall not permit Federal Immigration Authorities to
interview an individual in County custody relating to criminal matters without providing the
individual in County custody with the opportunity to have legal counsel present.
c.To properly implement this section,CLEAs and other County agencies shall develop
written materials to notify individuals in County custody that any such interviews with Federal
Immigration Authorities are voluntary,and that the individual may decline to be interviewed or
choose to be interviewed only with legal counsel present. Such notice shall be displayed through
signage,included in the Department of Correction's inmate handbook,and an information sheet
to this effect provided to the individual before being presented to Federal Immigration
Authorities. All such documents shall be preapproved by the Board of Legislators,and made
available in English,Spanish,Portuguese,French,Haitian Creole,Italian,and any other
• language spoken by at least 5%(five per cent)of the County population based on the most recent
census.
d.Additionally, all individuals in the custody of the Department of Correction shall be
notified of the following:
i.that information about the individual may be transmitted to one or more Federal
Immigration Authorities;
ii. that the individual has the right to remain silent and refuse to speak to Federal
Immigration Authorities;
iii, that the individual has the right to consult an attorney at the individual's
expense before contact with Federal Immigration Authorities;and
iv.that anything the individual communicates to Federal Immigration Authorities
may be used against them.
§11.
a.CLEAs and other County agencies and employees shall not delay an individual's
release from custody because of any one or more of the following:
1.An individual's actual or suspected Citizenship or Immigration Status,place of
birth,or country of birth;or
2.A Civil Immigration Detainer/Hold Request;or
4
Town Board
February 5, 2025
Attachment A (Cont'd)
As of:3/5/2018
3.A request from Federal Immigration Authorities for Notification about,transfer
of,detention of,or interview of an individual.
b. CLEAs and other County agencies and employees shall not Detain or Transfer an
individual based upon a Civil Immigration Detainer/Hold or Transfer Request from Federal
Immigration Authorities, unless accompanied by a Judicial Warrant.
c.CLEAs and other County agencies and employees shall utilize the same booking,
processing,release,and transfer procedures,policies,and practices of that agency for all
individuals,regardless of any individual's actual or suspected Citizenship or Immigration Status,
place of birth,or country of birth.
§ 12.
Upon receipt of a Civil Immigration Detainer/Hold Request,Notification Request,
Transfer Request,or an interview request from Federal Immigration Authorities for an individual
in the custody of CLEAs,they shall provide the individual named therein with written
notification that the request has been made and a copy of that request. The notification
document shall be drafted and made available pursuant to the procedures set forth in Section
10(c).
§ 13.
CLEAs and other County agencies and employees shall not perform the duties of Federal
Immigration Authorities,engage in the enforcement of federal immigration law,or accept
requests by Federal Immigration Authorities to assist in the enforcement of federal immigration
laws.
§ 14.
CLEAs and other County agencies and employees shall not use County facilities,funds,
personnel,or other resources for the detention of individuals detained by Federal Immigration
Authorities.
§ 15.
a.All CLEAs shall provide prompt written notice to the County Board of any changes in
policy or practice regarding interactions with Federal Immigration Authorities relating to civil
immigration matters.Within 30 days of its submission to the Board of Legislators, such notice
shall be made available to the public on the County's official website and the County Board
website.
b.All CLEAs shall provide their respective procedures regarding implementation of this
Act to the County Board of Legislators and County Human Rights Commission,for
dissemination to the public.
§ 16.
The provisions of this Act are severable. If any provision of this Act or its application is
held invalid,that invalidity shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
5
Town Board
February 5, 2025
Attachment A (Cont'd)
As of:3/5/2018
§ 17.
Nothing in this Act shall be construed as creating in any individual a private right of
action;however,this Section does not affect an individual's ability to utilize CLEAs' and other
County agencies' administrative complaint procedures.
§18.
This Act shall become effective sixty(60)days after adoption.
6
Town Board
February 5, 2025
Attachment A (Cont'd)
STATE OF NEW YORK
ss.
WESTCHESTER COUNTY
I HEREBY CERTIFY that I have compared the foregoing Act, Act No. 19 -
2018, with the original on file in my office, and that the same is a correct transcript
therefrom, and of the whole, of the said original Act, which was duly adopted by the
County Board of Legislators, of the County of Westchester on March 12, 2018, and
approved by the County Executive on March 13,2018.
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed the Corporate Seal of said
County Board of Legislators on this 16 h day of
March,2018.
alik an erberg
The Clerk of the Westchester County
Board of Legislators
County of Westchester,New York
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Town Board
February 5, 2025
Attachment A (Cont'd)
Westchester Indivisible is a movement of neighbors and friends working together to
promote policies and legislation that uphold the values of inclusion,respect,just and non-
violence.
The following is what Westchester Indivisible shared with members:
In anticipation of a second Trump Administration,it has become necessary for
municipalities to review their policies concerning immigration enforcement. There are a
variety of potential policies municipalities can take to safeguard immigrants, many of
which have already been implemented by municipalities in Westchester. Two examples
include the Westchester County Immigrant Protection Act("Westchester IPA")and the
Village of Irvington's Statement of Policy on Immigration Enforcement and Discrimination
("Irvington Policy"),which were both passed during the first Trump Administration and
created various protections for immigrants, including:
1) Prohibiting municipal police from inquiring about an individual's immigration status
(Westchester IPA at§3, Irvington Policy at p. 1);
2) Forbidding police from stopping,questioning or interrogating an individual solely
because of an individual's immigration status or because of a civil immigration detainer
(Westchester IPA at§6, Irvington Policy at p. 1);
3) Forbidding police from performing the functions of a federal immigration officer or
otherwise engaging in the enforcement of federal immigration law(Westchester IPA at§ 13,
Irvington Policy at p. 1);
4) Forbidding the municipality from transmitting any information concerning individual
immigrant status to the federal government unless required by law(Westchester IPA at§7
&8, Irvington Policy at p.3);
5) Forbidding use of the municipality's resources for detecting or apprehending
individuals based on their citizenship status(Westchester IPA at§9, Irvington Policy at p.
1);
6) Mandating that municipal services are available to all regardless of immigrant status
(Westchester IPA at§2).
During the first Trump Administration,the New York Attorney General also issued guidance
to local municipalities on the actions that they could take to safeguard immigrants. This
guidance is reflected in both the Westchester IPA and the Irvington Policy and is attached.
Some of these policies should be adopted via legislation, but others can be adopted
unilaterally by mayors/supervisors/police departments.
I
Town Board
February 5, 2025
Attachment A (Cont'd)
Town Board
February 5, 2025
Attachment B
TOWN OF MAMARONECK FIRE DEPARTMENT
OFFICE OF THE �w Headquarters
CHIEF •rI 205 WEAVER STREET
LARCH MONT,NEW YORK 10538
WEAVER 834-2100 EMERGENCY
!7'1834-2101-NON EMERGENCY
_ 834-2438 CHIEF'S OFFICE
STREET 834-0922-FAX
WWW.TMFD.ORG
F p
isoN
To: Board of Fire Commissioners
From: Chief Alexander Rapp
Date: February 03,2025
Re: Fire Report for the Month of January 2025
The following report outlines response to calls made during the month of January 2025. It summarizes
the nature,the number of personnel responding and the total time spent.
I have also attached a report showing a further breakdown of these alarms.
Alarm Type Number
Generals 33
Minors 19
Stills 3
Out of Town(Mutual Aid) 1
EMS 52
Drills 4
TOTAL 112
Total number of personnel responding: 678
Total time working: 49 hours and 26 minutes
Respectfully Submitted,
Chie Alexand r p
I