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Mastro outlines approach to handling conflicts between council and administration
8:19:20
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5 min
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Randy Mastro explains his approach to handling potential conflicts between the city council and administration regarding sanctuary policies and immigration enforcement.
- Emphasizes the importance of studying the issue thoroughly and understanding the current legal requirements
- Commits to facilitating communication between both sides and encouraging dialogue
- Pledges to provide straightforward advice on what the law requires and to seek common ground to avoid litigation
- Stresses the need to be proactive in bringing both sides together, unlike some past corporation counsels
Alexa Avilés
8:19:20
Can you can you walk me through in the case that these two sides cannot be bought to brought to a compromise How will you pick which side to represent?
8:19:33
And then what is the processes that will be put in place in the law department in order to ensure that there is sufficient resources and independence in order to represent one of those sides.
8:22:47
Thank you for that response.
8:22:48
So So the current law allows federal immigration officials to request the detainment of someone and permit city officials to honor that request in cases where someone is convicted of a serious crime.
8:23:02
Is that also your understanding of our detainer laws?
8:23:09
It hasn't changed.
8:23:10
So I I I had to show you're aware.
8:23:35
So in terms of I mean, the city just can't take the role of federal authorities and all in all cases by broadly denying freedom to someone who would otherwise should not be detained unless they are convicted of a serious crime and federal authorities.
8:23:50
Take the steps to request their detainment.
8:23:53
Is this also your understanding?
Randy Mastro
8:19:57
I know that there are issues of policy and interpretation right now between the council and the administration, but there are legal requirements for us that exist that define the scope of the legal obligation.
8:20:18
I would facilitate communication between the two sides of the hole and see study the issue, understand the law, make recommendations consistent with the law and the best interest of the city, but following the law.
8:20:35
And what I conclude is the state of the law, and you set the policy The law that exists is the policy, and it's a question of whether there is compliance with the law, and I would bring an encourage dialogue between the two sides of the whole.
8:20:52
You're just you're describing guardrails, I understand that there are issues about what that entails and what, you know, can be done.
8:21:04
I would have to, again, responsibly steep myself in the issue, but The law is the law.
8:21:11
Whatever the law is is the advice I am going to give to both of you.
8:21:15
And when I responsibly and professionally sit down to do that analysis, I will hear from all sides I will try and bring all sides together to find a way to make sure that everyone is complying with the law, but you will get my straight answer on what the law is.
8:21:33
And if there is an an aspect where there is in compliance with the law, I'm going to say that.
8:21:40
And I'm going to give that advice, but I can't pre judge that issue.
8:21:46
You all set the policy and the laws that you pass or that the voters pass in a charter referendum.
8:21:55
Our job at Car Gassel's office is to figure out what the law is and requires and tell both sides of the hole what the law requires and to try to bring the two sides of the hole I will be proactive in this way, in a way that past corp counsel haven't necessarily been, to bring the two sides of the hole together, to go through our conclusions of what the law requires, and to see if there is common ground.
8:22:23
Because I don't want to see.
8:22:25
If I'm fortunate to have this role, I don't wanna see litigation between the two sides of the hole.
8:22:31
I want to find common ground, and this is an area where constructive dialogue would help a lot, but I need to study the walk and and then give you responsible professional advice.
8:23:05
I haven't been involved in these issues in 2012.
8:23:13
I I don't be sure I'm aware of 25 years ago.
8:23:17
I've got a I've got a, you know, I've got quite a memory, but I do know that there there are aspects of the law that talk about, you know, detainers and the and the like, I just would have to steep myself in that again and study, you know, what the law requires at this point?
8:23:57
The law as in a more general sense, as I recall it, and what became enshrined in the city's constitution was one that protected immigrants status and right to access city services without fear of reprisal or reporting.
8:24:20
And there were again, I don't recall the specifics, but there were some guardrails there about circumstances that would be exceptions.
8:24:28
I would have to steep myself in it.
8:24:30
I wanna be professional and responsible what I am telling you.
8:24:34
You know where I'm coming from from the charter commission that I had that adopted by the voters, but I would have to professionally and responsibly study the law again, talk to other lawyers, a court council, talk to your law leaders.
8:24:54
And on both sides of the whole, and I will give you my my best assessment.
8:25:00
And whatever I conclude is what I'm going to tell both of you and try and bring together to make sure that the law that exists, laws you've passed, and laws that are enshrined in the charter are followed?