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(a) No officer, employee, department, board, commission, or other entity of the City shall use City moneys, facilities, property, equipment, or personnel to create, implement, provide investigation for, enforce, or assist in the creation, implementation, provision of investigation for, or enforcement of, or provide support in any manner for, any government program that (1) creates or compiles a List, Database, or Registry of individuals on the basis of religious affiliation, kinship, belief, or practice; national origin; or ethnicity or (2) requires registration of individuals in a List, Database, Registry, or otherwise, on the basis of religious affiliation, kinship, belief, or practice; national origin; or ethnicity.
(b) Notwithstanding any other law, no officer, employee, department, board, commission, or other entity of the City shall provide or disclose to any government authority Personal Information regarding any individual that is requested for the purpose of (1) creating or compiling a List, Database, or Registry of individuals based on religious affiliation, kinship, belief, or practice; national origin; or ethnicity, or (2) requiring registration of individuals in a List, Database, registry, or otherwise, on the basis of religious affiliation, kinship, belief, or practice; national origin; or ethnicity. This includes a prohibition on making available Personal Information from any City database for the purposes mentioned in the foregoing sentence, including any City database maintained by a private vendor under contract with the City.
(c) This Section 103.4 shall apply to all individuals, regardless of citizenship or immigration status, race, age, or any other factor.
(d) Nothing in this Chapter 103 prohibits any officer, employee, department, board, commission, or other entity of the City from sending to, or receiving from, any local, state, or federal agency, aggregate information about religious affiliation, kinship, belief, or practice; national origin; or ethnicity within a geographic area, institution, category, or group, where such information is not associated with Personal Information, including but not limited to, names, addresses, and telephone numbers, and cannot be used to identify individuals on the basis of religious affiliation, kinship, belief, or practice; national origin; or ethnicity.
(e) Nothing in this Chapter 103 prohibits any officer, employee, department, board, commission, or other entity of the City from sending to, or receiving from, a Federal agency charged with enforcement of Federal immigration law information regarding an individual’s citizenship or immigration status, lawful or unlawful. “Information regarding an individual’s citizenship or immigration status, lawful or unlawful” for purposes of this Chapter 103, shall be interpreted consistent with Section 1373 of Title 8 of the United States Code. This subsection (e) shall expire by operation of law if a court of competent jurisdiction enters a judgment ruling 8 U.S.C. § 1373(a) facially unconstitutional or unconstitutional as applied to the City.
(f) Nothing in this Chapter 103 prohibits the City from creating or maintaining a List, Database, or Registry that contains ethnicity or national origin information where such information is collected for purposes of complying with anti-discrimination laws or laws regarding the administration of public benefits, or for purposes of ensuring City programs adequately serve the City’s diverse communities, or where the City collects this information to ensure equal access to City programs, services, benefits, and contracts.
(a) The Director of the Human Rights Commission, or his or her designee (“the Director”) shall review compliance with this Chapter 103. The Director may initiate and receive complaints regarding violations of this Chapter. After conducting an investigation, the Director may issue findings regarding any alleged violation. If the Director finds that a violation occurred, the Director shall, within 30 days of such finding, send a report of such finding to the Board of Supervisors, the Mayor, and the head of any department involved in the violation or in which the violation occurred. All officers, employees, departments, boards, commissions, and other entities of the City shall cooperate with the Director in any investigation of a violation of this Chapter.
(b) By February 1 of each year, each City department shall submit to the Board of Supervisors a written, public report regarding the Department’s compliance with this Chapter 103 over the previous calendar year. This report, at minimum, must: (1) detail with specificity the steps the department has taken to ensure compliance with this Chapter; (2) disclose any issues with compliance, including any violations or potential violations of this Chapter; and (3) detail actions taken to cure any deficiencies with compliance.
(a) Cause of Action. The City shall be liable in a civil action for a violation of Section 103.4(b) filed by either (1) an individual whose Personal Information has been disclosed in violation of Section 103.4(b) of this Chapter or (2) a non-profit organization exempt from taxation pursuant to Title 26, Section 501 of the United States Code, that has the defense of immigrants’ and ethnic minorities’ rights as a stated purpose in its articles of incorporation or bylaws.
(b) Damages and Civil Penalties. If the City is found liable in a cause of action brought by an individual under section (a)(1) of this Section 103.6, the City shall be liable for (1) the damages suffered by the plaintiff, if any, as determined by the court, and (2) a civil penalty no greater than $5,000 per violation, as determined by the court. If the City is found liable in a cause of action brought by an organization under section (a)(2) of this Section 103.6, the City shall be liable for a civil penalty no greater than $5,000 per violation, as determined by the court; provided that an organization may not recover a civil penalty if a court has already awarded a penalty to an individual or another organization arising out of the same violation. In determining the amount of the civil penalty in any action filed under subsection 103.6(a), the court shall consider: whether the violation was intentional or negligent, and any prior violations of Section 103.4(b) by the City department that committed the violation. For the purpose of this subsection 103.6(b), each disclosure of each individual’s Personal Information shall be a separate violation.
(c) Attorney’s Fees and Costs. A court may award a plaintiff who prevails on a cause of action under subsection (a) of this Section 103.6 reasonable attorney’s fees and costs.
(d) Limitations on Actions. Any person or entity bringing an action under this Section 103.6 must first file a claim with the City under Government Code Section 905 or any successor statute within three years of the alleged violation.
(e) Exception. Any disclosure of Personal Information required by a legally enforceable subpoena, judicial warrant, or court order shall not give rise to a cause of action under this Section 103.6.
If any section, subsection, sentence, clause, phrase, or word of this Chapter 103, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter. The Board of Supervisors hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.