Monterey County Municipal Code Ch. 2.82 Foreign Identification—criteria for Acceptance

Except as otherwise provided in this Chapter, a photo identification card issued by a foreign country to its citizens or nations shall be accepted by all County departments and agencies as a valid identification of the person presenting such card, if the card meets all of the following requirements:

1. The issuing country authorizes the use of the card as an alternate to a passport for reentry into the issuing country; and

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

3. The card meets standards established by the County Administrative Officer to ensure that reliable identifying information was required by the issuing country in order to obtain the card.

The County Administrative Officer shall compile and make available to County departments a list of the identification cards and the issuing countries that the County Administrative Officer has determined meet the requirements of this Section. Any County department or member of the public may request the County Administrative Officer to review an identification card for compliance with the requirements of this Section. The County Administrative Officer shall issue appropriate notification and instruction to County staff as to the requirements of this Chapter.

A. The requirements of this Chapter shall not apply under any of the following circumstances:

1. A Federal or State statute, administrative regulation or directive, or Court decision requires the County to obtain a different form of identification;

2. A Federal or State statute, administrative regulation or directive preempts local regulation of identification requirements; or

3. 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.

B. Acceptance of foreign identification pursuant to this Chapter shall not be required in any case in which the Sheriff, District Attorney, or County Administrative Officer determines that such an exception is warranted based on public safety or security considerations.

C. No County department or agency shall be required to accept any identification pursuant to this Chapter if there are reasonable grounds to believe that a foreign identification card presented by an individual is counterfeit, altered, improperly issued, or otherwise inaccurate or unreliable.

D. Nothing in this Chapter is intended to prohibit any County department or agency from requesting additional information from individuals in order to verify a current address or other facts that would enable the affected department or agency to fulfill its responsibilities;

E. Nothing in this Chapter is intended to prohibit any County department or agency from using fingerprints for identification under circumstances where the affected department also requires fingerprints from individuals possession a State driver's license or State identification card.

A. If any person believes that any officer or employee of the County has failed to comply with the requirements of this Chapter, that person may file a complaint pursuant to Chapter 2.80 of this Code relating to the investigation and resolution of discrimination complaints.

B. In the adoption and enforcement of this Chapter, the County is undertaking only to promote the general welfare. The County is not assuming, nor is it imposing on its officers or employees, an obligation whose breach would give rise to liability for money damages to any person.

C. Nothing in this Chapter shall affect an individual's legal status or entitlement to benefits, nor does it expand or otherwise affect any existing law relating to the collection or provision of information regarding an individual's immigration status.

The provisions of this Chapter are severable. If any part or provision of this Chapter, or the application thereof to any individual or circumstance, is held invalid, the remainder of this Chapter, including the application of such part or provision to different individuals or circumstances, shall not be affected thereby and shall continue in full force and effect.