3467667JB
APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
INTRODUCED BY COUNCILMEMBER CHARLENE WANG
RESOLUTION IN SUPPORT OF SENATE BILL 1095 (PÉREZ) RELATED
TO PROTECTING THE PRIVACY AND CONSTITUTIONAL RIGHTS OF
CALIFORNIANS BY PROHIBITING CALIFORNIA FUSION CENTERS
FROM SHARING SENSITIVE PERSONAL INFORMATION WITH
GOVERNMENT AND PRIVATE ENTITIES FOR PURPOSES OF
UNLAWFUL IMMIGRATION ENFORCEMENT A ND RACIAL OR
IDENTITY PROFILING
WHEREAS, the California Constitution guarantees an inalienable right to privacy in Section 1 of Article I; and
WHEREAS, "fusion centers" are state-owned data-sharing hubs operated by the Office of Emergency Services (OES) that involve law enforcement and governmental entities gathering, analyzing, and sharing the personal information of Californians; and WHEREAS, California currently operates six such fusion centers, including the State Threat Assessment Center and various regional intelligence centers in Los Angeles, Northern California, Orange County, and San Diego; and
WHEREAS, while originally intended to prevent terrorism, a report by the United States Senate found no evidence of a fusion center uncovering an attack or disrupting an active plot; an WHEREAS, according to research from the Ella Baker Center for Human Rights, fusion centers have a documented history of targeting and surveilling Muslim, Black, Indigenous, and people of color (BIPOC) communities and activists, including tracking peaceful protest movements and climate advocacy groups; and
WHEREAS, because fusion centers have historically lacked a mechanism for meaningful oversight, state and local resources have been used through these centers to assist federal immigration enforcement, such as ICE tapping fusion centers to locate immigrant vehicles, which undermines public safety and wastes taxpayer resources; and WHEREAS, Senate Bill 1095 (Pérez), the "Expose Data Deportation Centers Act," would prohibit fusion centers from sharing sensitive personal information with any governmental entity for immigration enforcement without a judicial warrant or court order; and
2 WHEREAS, SB 1095 further prohibits fusion centers from engaging in racial or identity profiling, providing office space for immigration enforcement agencies, or allowing entities engaged in unlawful intelligence-gathering to operate within their facilities; and WHEREAS, the bill promotes transparency by authorizing elected officials to conduct unannounced inspections and requiring the Department of Justice to perform annual audits of fusion center activities; now, therefore, be it
RESOLVED: That the Oakland City Council hereby registers its formal support for Senate Bill 1095 (Pérez); and be it
FURTHER RESOLVED: That the City Council authorizes the City’s legislative advocates to include support for SB 1095 in the City’s advocacy efforts in Sacramento; and be it FURTHER RESOLVED: That the City Council hereby formally supports Senate Bill 1095 (Pérez) and urges the California State Legislature and the Governor to enact this legislation; and be it
FURTHER RESOLVED: That the City Clerk is directed to forward a copy of this resolution to Senator Sasha Renée Pérez.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3467667 / JB