AN ORDINANCE
FOR THE
PREVENTION OF
HUMAN
TRAFFICKING
City Council Meeting
January 30, 2024
Ray Johal
CITY ATTORNEY’S
OFFICE
What is Human Trafficking
• Violating the personal liberty of another with the intent to obtain Forced Labor or Services • Forced Labor or Service- obtained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person • Sex Trafficking, Labor Trafficking (undocumented and child) • FEAR AND COERCION
2 Myth vs. Reality
• Not just criminal organizations
o Can be small business owners/family members
• Second largest criminal enterprise (second to drug trafficking) • Recruitment happens at:
o Employment agencies
o Train/bus stops and stations
o Parties
o Schools
o Malls and social hang outs
o Online and social media venues
3 Statistics - 2023
US- 115,324 trafficked victims identified (per US Department of State) California- 2,122 victims identified (ranked #1 in the US) • 1,334 cases
• 1,023 sex trafficking
• 131 labor trafficking
4 National Labor Trafficking Stats 2021
5 National Sex Trafficking Stats 2021
6 California Civil Code 52.6
• Posting Requirement- English/Spanish/Armenian
“If you or someone you know is being forced to engage in any activity and cannot leave-whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity-text 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888- 373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services.”
7 California Civil Code 52.6
• Training - At least 20 minutes focused on recognizing signs and how to report • Specified Businesses
ABC licenses, sex oriented, airports, passenger city rail, bus stations, truck stops, emergency rooms, urgent cares, farm labor contractors, privately operated job recruitment centers, roadside rest areas, massage/body work services, hotels/motels, hair/nail/skin
8 Ordinance
• Additional Specified Businesses
Restaurants, Community Care Facilities, Skilled Nursing Facilities, Barbershop/Hair Salons/Nail Salons, Gas Stations, Retail Stores that sell food or household goods, Shelters, Primary and Reproductive Healthcare Providers, Garment Manufacturers, Commercial Storage, Construction Sites for Multi-Family Residential Developments, Businesses providing Janitorial or Maintenance Services Why?
Notice- highly frequented businesses/businesses with at risk clientele Domestic Work- undocumented labor, minor labor, unpaid wages, heavy workloads Construction- undocumented labor, demanding/dangerous working conditions, coercive practices Language- in trade positions where language is a barrier, statistics have shown higher levels of HT
9 Outreach
Option 1: Collaborate immediately with Zonta and CDD. Put together mailers that include a compliance declaration, informational sheets that contain training resources, and required signage.
Option 2: Wait until the fiscal year ends, send mailers containing compliance declaration, informational sheets, and required signage. Send with corresponding Business Permit Renewals.
Option 3: Wait until the end of the calendar year to send mailers to correspond with Business Tax Renewal Paperwork.
Staff Recommendation: Option 1- Immediate awareness and enforcement capabilities.
10 Enforcement
Reactive/Complaint Based:
1. Once mailers are sent to all qualifying businesses, they have 30 days to respond confirming training was completed and signage is posted.
2. Zonta and CDD will do random verifications that signage and training requirements are met.
3. Businesses who fail to respond, Zonta and CDD will do targeted verifications and issue civil assessments ($500 for first offense, $1,000 for each subsequent offense).
4. Cost effective.
11 Goals
1. 100% compliance with Ordinance
2. Educate the community of signs of HT
3. Reduce HT within the community
4. Streamline compliance and complaint processes
12 Questions?
Ray Johal, Senior Assistant City Attorney
rjohal@burbankca .gov
CITY ATTORNEY’S
OFFICE
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