OSCAR LEESER ‘MAYOR cer a CC: Cary Westin, Interim City Manager Karla Nieman, City Attorney RE: VETO—Agenda Item No. 37 ‘August 15, 2023, Regular Meeting of the City Council Date: August 17, 2023 In accordance with Section 3.5 (E) of the Charter of the City of El Paso, | am filing this memorandum with the City Clerk to notify the City Council, the Interim City Manager, and members of the public that | am vetoing agenda item 37, which was approved by the City Council on August 15, 2023: ‘Agenda Item 37. An Ordinance amending Title 10 (Public Peace, Morals and Welfare), Chapter 10.20 (Offenses by or against minors) of the El Paso city Code to remove curfew ordinance provisions located in sections 10.20.054. The reasons for my veto are as follows: Since the action was taken, the feedback | have received from community members overwhelmingly supports retaining the ordinance as it stands. | have received reaction from El Pasoans with serious concerns over the negative impact lifting the curfew would have on our community. 2. Ihave consulted with our primary local law enforcement agency leadership (EPPD and the Sheriff's Department), and they support and recommend this action. 3. Since it was first established in 1991, the curfew ordinance has been a resourceful tool to protect and prevent our children and teens from becoming victims of crimes and/or being, involved in illicit activity 4. itis an important tool for our officers. While the issuance of curfew citations has fluctuated ‘throughout the years, during high rates of criminal activity, the curfew ordinance is used in conjunction with other efforts to deter criminal actions and allows our officers to gain safety control in our city. It is one of the means that is attributed with helping make our city one of the safest major cities in the United States. City of E1Paso + 300N. Campbell + El Paso, TX 79901 (915) 212-00215. In addition to the counsel I received from our local law enforcement, major organizations from large cities throughout Texas such as the Dallas Police Department and Police Association, the San Antonio Police Officers Association, and the Combined Law Enforcement Associations of ‘Texas (CLEAT) - the largest police association in the state - opposed this bill 6. There are 254 counties in Texas. Each one faces different threats, risk factors, geographic challenges, and dynamics that should be thoughtfully considered and uniquely addressed. | believe discretionary authority on this matter should rest at the local level, directly in relation to local constituent concerns. 7. We have experienced loss of lives in El Paso in recent years that have changed us and made us more aware of the vulnerability we all face. One life lost is one life too many. The risk of recruitment for criminal activity in the late hours of the night, and the availability of immediate life-threatening drugs such as fentanyl is far more prevalent now than in previous generations. Any tool that allows our community to safeguard the safety of our children is a tool worth keeping. Taking a veto action is not something | take lightly. Its with careful consideration that | arrived at this decision. While | understand that state law supersedes our local authority on this front, | veto this action a a first step in what will be a concentrated effort to encourage the State Legislature to reconsider this law. In addition, look forward to working with the City Council to re-examine the penalty associated with curfew violations. A $500 fine for a violation is simply too high. It is overwhelming for many El Pasoans, especially as the cost of living for just about everything continues to go up. | am proud of our efforts during the budget preparation to pass a no new revenue budget and not increase taxes for El Pasoans. In that spirit, | will extend those efforts to ensure that an ordinance of this nature is a positive tool in our toolbox, but a fair one as well City of Paso + 300N.Campbell + EI Paso, TX 79901 (915) 212-0021