Chapter 13.36 — MATRICULA CONSULAR: PHOTO IDENTIFICATION ISSUED BY MEXICAN GOVERNMENT

This chapter shall authorize and be known as the acceptance by Alameda County agencies and departments of the "matricula consular" photo identification card, issued by the Mexican Government, as a valid identification of a Mexican National for county identification purposes.

(Ord. 2003-24 (part))

A.

Many Mexican Nationals live in the county of Alameda and utilize county services and interact with county personnel. In many circumstances it can be difficult for Mexican Nationals to prove their identity when required and to carry on with the day-to-day activities of life in the county without official proof of identity. The Mexican Government has authorized Mexican consulates in the United States to issue identification cards, known as "matricula consular," to Mexican citizens living in the United States if they can prove Mexican citizenship; this document has also been authorized as a passport for reentry into Mexico. The matricula consular has identifying information on its face, including a photograph of the person and his/her date of birth.

B.

It is the purpose and intent of the board of supervisors to authorize the use of the "matricula consular" photo identification card issued by the Mexican consulates in the United States, by each county agency and department as a valid identification of a Mexican National under the provisions of this chapter.

(Ord. 2003-24 (part))

"Board of supervisors" or "board" means the board of supervisors of Alameda County, state of California.

"County" means Alameda County, state of California.

"Department" or "agency" means any department or agency of Alameda County, state of California, that is administered by an elected Alameda County official or one appointed by the board of supervisors and that serves those living in Alameda County.

"Director" means the Alameda County diversity programs director in the office of the county administrator.

"Matricula consular" means a photo identification card, issued by the Mexican Government, that is

authorized to be used as a passport for reentry into Mexico, that is issued after the applicant was required to provide reliable identifying information in order to obtain the card, that has features reasonably designed to protect against fraud and counterfeit reproduction, and that has a photograph of the person and the person's date of birth.

(Ord. 2003-24 (part))

When requiring members of the public to provide identification, each county department or agency shall accept as a valid identification of the person a matricula consular if the card meets the following requirements:

A.

It was issued by the Mexican Government as an alternative to a passport for reentry into Mexico only after the applicant was required to provide reliable identifying information in order to obtain the card;

B.

The card has features reasonably designed to protect against fraud and counterfeit reproduction;

C.

The card has a photograph of the person and the person's date of birth; and

D.

Its effective date is current.

(Ord. 2003-24 (part))

Each department or agency head, or his/her designee, as appropriate to its departmental or agency services, shall issue notification and instruction to members of its staff of the provisions of this chapter and shall facilitate implementation of acceptance of the matricula consular for identification purposes for its departmental or agency services.

(Ord. 2003-24 (part))

The matricula consular identification card will not be accepted by the county and its agencies and departments if:

A.

A federal or state statute, administrative regulation or directive, or court decision requires the county to obtain different form or type of identification; or if

B.

A federal or state statute, administrative regulation or directive preempts local regulation of identification requirements; or if

C.

The county would be unable to comply with a condition imposed by a funding source which would cause the county to lose funds from that source; or if

D.

The county department or agency representative in his/her discretion has reasonable grounds for determining that the matricula consular card provided by an individual is counterfeit, altered, improperly issued to or does not belong to the card-holder, or if it provides otherwise inaccurate information.

(Ord. 2003-24 (part))

County department and agency employees can in their discretion:

A.

Request additional information from individuals in order to verify a current address or to establish other facts that would enable a department to fulfill its responsibilities, or

B.

Use fingerprints for identification purposes under circumstances where the department or agency also requires fingerprints from persons who have a driver's license or state identification card.

(Ord. 2003-24 (part))

A.

The Alameda County diversity programs director ("director") shall be the county liaison with the Mexican Government as needed to facilitate and respond to issues concerning the validity of and consulate issuance of the matricula consular identification cards.

B.

If any person believes that any officer or employee of the county has failed to comply with the requirements of this chapter, the person may file a complaint with the director, who shall investigate the complaint and report the findings to the appropriate department head. The director shall make annual reports to the board of supervisors of the number of complaints received and the outcome of the investigation.

C.

The director may act as a general resource to assist county departments and agencies in developing informational programs as set forth in Section 13.36.050.

(Ord. 2003-24 (part))

A.

This chapter is designed to promote the general welfare of those living in the county of Alameda. In enacting this chapter the county is not assuming nor imposing on its officers and employees an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. Acceptance by the county of Alameda of the matricula consular for identification purposes does not create any new rights that are enforceable through a civil action for its failure or refusal to accept the matricula consular and will not subject the county or its employees to liability for any damages.

B.

Submission of a fraudulent matricula consular shall be deemed a violation of this chapter.

C.

If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the provisions of this chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this chapter are severable.

(Ord. 2003-24 (part))