[L.L. No. 4-2018, 7-9-2018, § 1]
(a)
The legislature finds that many residents of the City of Poughkeepsie
are unable to obtain government-issued identification that is required
to fully participate in the City of Poughkeepsie's rich society.
This barrier leaves thousands of individuals, including immigrants,
homeless people, transgender people, senior citizens, young people,
and those who have been formerly incarcerated, without access to critical
services, benefits, and cultural, educational, and civic opportunities.
It is the intent of the legislature to build the City of Poughkeepsie's
standing as a welcoming and inclusive center for all residents, without
regard to a person's race, national origin, religion, sex, sexual
orientation, gender identity, disability, or immigration, housing,
or financial status. Further, it is the intent of the legislature
that the municipal identification card should affirm the resident
status of all City of Poughkeepsie residents.
(b)
Residents' lack of access to acceptable forms of identification
also raises public safety concerns for the City. Residents without
access to bank accounts often carry large amounts of money on their
person or store it in their home, making them targets for crime. In
addition, residents who cannot produce proof of identity are often
reluctant to report crimes to the police that they suffer or witness.
Studies show that immigrant populations in particular are victimized
by crime at rates similar to or greater than the general population,
but they report crime at lower rates than the general population.
This underreporting of crime poses a serious public safety problem
and erodes the ability of law enforcement to function effectively
in the City.
(c)
A City of Poughkeepsie identification card would serve to reduce
the impact of the above-mentioned conditions, improve public safety,
and enable all City of Poughkeepsie residents to participate more
fully in and become an integral part of the life of the community.
A municipal identification card would encourage crime reporting and
witness cooperation, both key elements in building a safer community.
Such cards would also potentially enable more City residents to open
bank accounts, access parks or other public facilities, and receive
resident discounts at local businesses, events, and arts institutions.
The card could have multiple use options; for example, functioning
as a public transportation pass, library card, resident golf card,
and parking meter card all in one. The cards would also benefit children
and youth who become lost and normally possess no identification or
emergency contact information and elderly citizens who no longer drive
and therefore no longer possess a valid driver's license. Accordingly,
it is in the best interests of its residents for the City to issue
its own municipal identification card.
(d)
By authorizing the creation of this program, the legislature
does not intend to expand identification requirements for access to
basic services or exercise of constitutional rights. The program should
not be used as a proxy to require individuals to produce government-issued
identification to access services and benefits where such identification
is not presently required, such as registering to vote, casting a
ballot, or accessing government buildings.
(e)
The legislature further recognizes that transgender and gender-nonconforming
individuals may have particular challenges in obtaining identification
cards that reflect their gender identity, due to stigma and burdensome
administrative policies for changing gender on other identification
documents. This increases the likelihood they will experience discrimination
in seeking employment or housing, or even prevent them from participating
in cultural or civic life, and so it is our intention to make the
program affirming to transgender and gender-nonconforming residents
by not requiring a gender selection.
(f)
Finally, the legislature seeks to preserve the safety and privacy
of all City of Poughkeepsie residents. It is the intent of the legislature
that all completed applications and personal data gathered during
the application process should be destroyed, besides the applicant's
photograph, name, and date of birth, which should be maintained confidentially.
[L.L. No. 4-2018, 7-9-2018, § 2]
Shall be in reference to the City of Poughkeepsie or any
department, agency, board, or commission thereof.
An identification card issued by the City of Poughkeepsie
that shall, at a minimum, display the cardholder's photograph,
name, date of birth, address, ID card number, and card expiration
date. Such identification card shall be designed in a manner to deter
fraud, which may include bar codes, serial numbers, watermarks, the
City Seal, or other security measures used to protect against fraud.
Additionally, the card does not bestow eligibility for state or federal
financial benefits, therefore significantly reducing the incentive
to fraudulently obtaining an ID card.
A person who can establish that he or she is a current resident
of the City of Poughkeepsie pursuant to Section 13 1/4-5 of this chapter.
[L.L. No. 4-2018, 7-9-2018, § 3]
The City of Poughkeepsie Chamberlain's office shall administer
the municipal identity card program and shall promulgate all rules
necessary as set by the Common Council to effectuate the purposes
of this chapter. Such office shall make applications for such card
available for pickup and submission at any agency or office where
there is substantial contact with the public and shall also make applications
available online.
[L.L. No. 4-2018, 7-9-2018, § 4]
(a)
The Poughkeepsie ID card shall be available to any resident
of the City of Poughkeepsie over the age of 14, regardless of his
or her race, color, creed, age, national origin, alienage or citizenship
status, gender identity, sexual orientation, disability, marital status,
partnership status, any lawful source of income, housing status, status
as a victim of domestic violence or status as a victim of sex offenses
or stalking, or conviction or arrest record, provided that such resident
is able to meet the requirements for establishing his or her identity
and residency as set forth in this legislation.
(b)
The City of Poughkeepsie shall establish an application fee
for municipal identification cards of $10 for adults and $5 for people
under the age of 18 or over the age of 62. For those who cannot afford
to pay the set fee, the City of Poughkeepsie will allow for a hardship
waiver if witnessed and authenticated documentation can be produced
thereby establishing difficulty to pay.
(c)
The Poughkeepsie ID card shall be valid for a period of four
years from the date of issuance, and thereafter must be renewed in
order to remain active and receive benefit with a renewal fee of $5.
(d)
The Poughkeepsie ID card program shall be implemented within
six months of the passage of legislation.
[L.L. No. 4-2018, 7-9-2018, § 5]
(a)
Eligibility: In order to obtain a Poughkeepsie ID card, an applicant
must complete an application and provide documentation in order to
establish proof of identity and proof of residency within the City
as follows:
(1)
Proof of identity: In order to establish identity,
an applicant shall be required to attain four points of identification
by producing at least one of the following documents from LIST ONE
(four points), current or expired not more than five years prior to
the date of the City of Poughkeepsie ID card application or one document
from LIST TWO (three points) along with one document from LIST THREE
(one point).
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LIST ONE (four-point documents):
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U.S. or foreign passport; U.S. state driver's license;
U.S. state identification card; U.S. permanent resident card; a consular
identification card; a photo identification card with name, address,
date of birth, and expiration date issued by another country to its
citizens or nationals as an alternative to a passport for re-entry
to the issuing country; a national identification card with photo,
name, address, date of birth, and expiration date; a foreign driver's
license; U.S. or foreign military identification card; a current visa
issued by a government agency.
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LIST TWO (three-point documents):
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U.S. Permanent Resident (Green Card); U.S. Citizenship and Naturalization
Certificate; U.S. federal-government- or tribal-issued photo ID; state
Veterans ID with photo.
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LIST THREE (one-point document):
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Social security card; EBT card; high school or college diploma;
ITIN (Individual Taxpayer Identification Number) card or authorization
letter (must be accompanied by an ID with a photograph); voter registration
card.
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(2)
Proof of residency: In order to establish residency,
an applicant shall be required to produce at least one of the following
items, which must show the applicant's name and residential address
located within the City and must be dated no more than 60 days prior
to the date such document is presented, unless otherwise indicated
below: a utility bill; a current residential property lease; a local
property tax statement dated within one year of the date it is submitted;
a local real property mortgage payment receipt; a bank account statement;
proof that the applicant has a minor child currently enrolled in a
school located within the City; an employment pay stub; a jury summons
or court order issued by a federal or state court; a federal or state
income tax or refund statement dated within one year of the date it
is submitted; an insurance bill (homeowner, renter, health, life,
or automobile insurance); written verification issued by a homeless
shelter located within the municipality that confirms at least 15
days' residency; written verification issued by a hospital, health
clinic or social services agency located within the City of Poughkeepsie
confirming at least 15 days' residency.
[L.L. No. 4-2018, 7-9-2018, § 6]
(a)
Hearing: Any refusal to issue a Poughkeepsie ID card or to renew
a Poughkeepsie ID card made hereunder shall be by written notice issued
by the City Clerk, or his/her designee, to the applicant. Said notice
shall include a statement that the applicant is entitled to demand
a hearing, provided that such demand is made in writing to the City
Clerk, and such hearing shall be conducted within 30 days after the
applicant's or licensee's request is received by the City Clerk
or his/her designee.
(b)
Decision: Upon receipt of a demand for a hearing, the City Clerk
shall transmit such request to the City Administrator, who shall appoint
a hearing officer to make a report and recommendation to the City
Administrator within 30 days of the date of the hearing. The City
Administrator shall have the final authority to uphold, reverse or
modify the decision of the City Clerk, after consideration of the
hearing officer's report and recommendation.
(c)
Demand for hearing: Any demand for a hearing must be made in
writing, within 10 days after mailing notice of the refusal of the
City Clerk to issue a Poughkeepsie ID card.
[L.L. No. 4-2018, 7-9-2018, § 7]
(a)
The City of Poughkeepsie shall not retain originals or copies
of records provided by an applicant to prove identity or residency
for a Poughkeepsie ID card.
(b)
The City will retain the name, date of birth, card number, and
expiration date for all IDs, giving the City the ability to prevent
duplicates.
(c)
The City of Poughkeepsie shall not disclose information about
Poughkeepsie ID card applicants to any public or private entity or
individual, including federal, state, or City immigration or law enforcement
entities. In the event of litigation, the City of Poughkeepsie shall
defend against the disclosure of such information to the maximum extent
possible under the law. This protection shall extend to the Poughkeepsie
ID card application forms, information contained on those forms or
obtained through the Poughkeepsie ID card application process, to
the lists of individuals who hold or have applied for the Poughkeepsie
ID card, and to the fact of any individual's participation in
the Poughkeepsie ID card program.
[L.L. No. 4-2018, 7-9-2018, § 8]
(a)
All municipal agencies and offices, and all municipal employees,
including law enforcement officers, shall accept the Poughkeepsie
ID card as proof of identity and residency, excluding in cases where
acceptance of the Poughkeepsie ID card is precluded by state or federal
law.
(b)
The City of Poughkeepsie shall seek to promote and expand the
benefits associated with the Poughkeepsie ID card and shall take reasonable
efforts to promote the acceptance of the card by banks and other public
and private institutions located within the City.
(c)
The City of Poughkeepsie agencies and officers shall not require
the possession of a Poughkeepsie ID card where identification is not
already required in order to obtain City services; provided, however,
that agencies may require the possession of a Poughkeepsie ID card
to obtain benefits or privileges offered exclusively to those who
possess a Poughkeepsie ID card as an incentive to apply for a municipal
identity card.
(d)
The City of Poughkeepsie will administer and maintain reasonable
and appropriate training for all municipal personnel, municipal offices,
and law enforcement officers to ensure that the Poughkeepsie ID card
is effectively accepted per intended use as is outlined in this legislation.
[L.L. No. 4-2018, 7-9-2018, § 9]
The City of Poughkeepsie shall, consistent with all federal,
state and local laws, provide language assistance to applicants for
the municipal identity cards to facilitate access thereto. The Common
Council of the City of Poughkeepsie shall identify and implement measures,
including but not limited to staff training, community outreach, and
language assistance tools, to address the needs of limited English
proficient individuals in the successful administration of the Poughkeepsie
ID card program.
[L.L. No. 4-2018, 7-9-2018, § 10]
It is a violation of the City of Poughkeepsie ID code under
this section for any person or entity to undertake any of the following
acts. A fine of no more than $100 may be imposed for each violation.
(a)
To knowingly present false information in the course of applying
for a Poughkeepsie ID card.
(b)
To alter, copy, or replicate a Poughkeepsie ID card without
the authority of the City of Poughkeepsie.
(c)
To use a Poughkeepsie ID card issued to another person, with
the intent to cause a third person or entity to believe the holder
of the card is the person to whom the card was issued.
