Council OKs immigration resolution amid protest

by PAUL MORTON

Associate editor

With council member Scott Broadwell pleading with council to end debate and get the issue behind them, city council gave final approval last week to a resolution regarding the consideration of immigration status in the city of Oberlin. But the approval might not be the final word on the matter.

At their Jan. 20 meeting, council voted 6-1, with Ron Rimbert dissenting, to approve the resolution on third and final reading. The resolution will go into effect Feb. 19, unless petitions are submitted to refer the resolution to a vote of the people.

During debate on the resolution, Kipton mayor Bob Meilander presented council with petitions signed by 400 Oberlin residents asking council to put the resolution to a vote of the people on the May ballot. The idea was popular with council members, although law director Eric Severs said the petitions submitted probably would not pass muster with the board of elections.

"This is not in the form of a petition, under state law, for either initiative or referendum on legislative action," Severs said.

The petitions submitted by Meilander included the heading, "Give the residents a choice on Resolution #08-14 CMS. Let the people of Oberlin vote on this in May." State law requires a referendum petition to include the number and title of the resolution or ordinance in question, and a notice, printed in red, indicating anyone who signs the petition more than once or is not eligible to sign it could face prosecution.

Lisa Ryba of Oberlin appealed to council to allow a vote on the resolution.

"Let the people have their say and let them vote on this," Ryba said. "I don't think you seven should make that choice for us. I don't think a huge number of residents are gung-ho about this."

One local resident who supported the resolution is Steve Volk, who helped draft the legislation. He said federal immigration policy is in crisis, and the resolution is a reasonable measure for local government to take while the federal government resolves the crisis.

"There is literally no way to deport 12 million people from this country, no matter how much you jump up and down and wail and cry," Volk said. "Because that is the case, and until some reasonable immigration reform emerges from Washington, it is incumbent on us to make accommodations that can best protect the safety of all the city's residents, that can best support the rights of all residents, citizens and undocumented alike, and that can show that we will not be ruled by the fear and bigotry of a few."

Rimbert said he voted no on passage because he felt the 400 residents who signed the petition should be heard. Council vice president Jack Baumann said those 400 signatures did not absolve council of their responsibility.

"We have been elected as council members to make decisions, not just the easy ones, but also the tough ones," Baumann said. "I appreciate Mr. Meilander's suggestion that perhaps this should be put to a vote of the people. And it can be. But I don't think we can evade or avoid our responsibility to make a decision tonight."

Broadwell wearily pleaded with his fellow council members to end debate and vote on the resolution.

"I'm ready to vote on it. It's time to move on," he said. "I'd like to figure out some way for it to come on the ballot so the people can vote on it. But it's time to move on."

The resolution guarantees access to city services to all, regardless of citizenship status, in a reaffirmation of the city's commitment to civil rights and equality. City staff are required to follow general city, state, and federal guidelines to assess eligibility for city services.

It also declares the city will follow a general practice of not inquiring about the immigration status of crime victims, witnesses, or others who call or approach the city seeking assistance. The prohibitions in the resolution do not apply to persons seeking city employment or as otherwise required by federal or state statute, regulation, or court decision.

The resolution is much less binding on the city than an earlier version, which would have prohibited police from inquiring into immigration status or cooperating with immigration authorities. Police chief Tom Miller said the original resolution was unacceptable, but he could live with, but not endorse, the current resolution.

The resolution was first proposed after Immigration and Custom Enforcement agents made raids on the Casa Fiesta restaurant in July and October, 2008. Seven undocumented workers were arrested in the two raids and deported.