Model Municipal Official English Ordinance

The people of [NAME OF JURISDICTION] find and declare that:

1. the English language is the common language of [NAME OF JURISDICTION], of the State/Commonwealth of [NAME OF STATE] and of the United States;
2. the use of a common language removes barriers of misunderstanding and helps to unify the people of [NAME OF JURISDICTION], this State and the United States, and helps to enable the full economic and civic participation of all its citizens, regardless of national origin, creed, race or other characteristics, and thus a compelling governmental interest exists in promoting, preserving, and strengthening the use of the English language;
3. proficiency in the English language, as well as in languages other than the English language, benefits [NAME OF JURISDICTION] both economically and culturally and should be encouraged;
4. in addition to any other ways to promote proficiency in the English language, the government of [NAME OF JURISDICTION] can promote proficiency in English by using the English language in its official actions and activities;
5. in today's society, [NAME OF JURISDICTION] may also need to protect and preserve the rights of those who speak only the English language to use or obtain governmental programs and benefits; and
6. the government of [NAME OF JURISDICTION] can reduce costs and promote efficiency, in its roles as employer and a government accountable to the people, by using the English language in its official actions and activities.

1. The English language is the official language of [NAME OF JURISDICTION].
2. The [COUNCIL/OTHER LEGISLATIVE BODY], [EXECUTIVE] and officials of [NAME OF JURISDICTION] shall take all steps necessary to insure that the role of English as the common language of [NAME OF JURISDICTION] is preserved and enhanced.
3. The [COUNCIL/LEGISLATIVE BODY] of [NAME OF JURISDICTION] shall make no [ORDINANCE/POLICY] which diminishes or ignores the role of English as the common language of [NAME OF JURISDICTION].
4. Official actions of [NAME OF JURISDICTION] which bind or commit [NAME OF JURISDICTION] or which give the appearance of presenting the official views or position of [NAME OF JURISDICTION] shall be taken in the English language, and in no other language. Unofficial or non-binding translations or explanations of official actions may be provided separately in languages other than English, if they are appropriately labeled as such and reference is made to a method to obtain the official action; unless otherwise required by federal or [STATE/COMMONWEALTH] law, no person has a right to such an unofficial or non-binding translation or explanation, and no liability or commitment of [NAME OF JURISDICTION] shall be based on such a translation or explanation.
5. No ordinance, decree, program, or policy of [NAME OF JURISDICTION] or any of its subdivisions, shall require the use of any language other than English for any documents, regulations, orders, transactions, proceedings, meetings, programs, or publications, except as provided in Section 3.
6. A person who speaks only the English language shall be eligible to participate in all programs, benefits and opportunities, including employment, provided by [NAME OF JURISDICTION] and its subdivisions, except when required to speak another language as provided in Section 3.
7. No law, ordinance, decree, program, or policy of [NAME OF JURISDICTION] or any of its subdivisions shall penalize or impair the rights, obligations or opportunities available to any person solely because a person speaks only the English language.

Section 3. Exceptions

[NAME OF JURISDICTION] and its subdivisions may use a language other than English for any of the following purposes, whether or not the use would be considered part of an official action:

1. To teach or encourage the learning of languages other than English;
2. To protect the public health, sanitation, and public safety;
3. To teach English to those who are not fluent in the language;
4. To comply with the Native American Languages Act, the Individuals with Disabilities Education Act, the Voting Rights Act, or any other federal or [STATE/COMMONWEALTH] law;
5. To protect the rights of criminal defendants and victims of crime;
6. To promote trade, commerce, and tourism;
7. To collect payments, fines, or other financial obligations due and payable to the [MUNICIPALITY]];
8. To create or promote mottos or designations, inscribe public monuments, and perform other acts involving the customary use of a language other than English;
9. To utilize terms of art or terms or phrases from other languages which are commonly used in communications otherwise in English; and
10. Printed materials, signage, or other materials or documents of [NAME OF JURISDICTION] printed in languages other than English at the time of the adoption of this resolution and not otherwise excepted in this Section 3 shall not be discarded or reprinted solely in English at the addition cost or expense of the taxpayers of the [MUNICIPALITY] until they are exhausted or become otherwise obsolete.

Section 4. Private Use Protected

The declaration and use of English as the official language of [NAME OF JURISDICTION] should not be construed as infringing upon the rights of any person to use a language other than English in private communications or actions, including the right of government officials (including elected officials) to communicate with others while not performing official actions of [NAME OF JURISDICTION].

Section 5. Severability

If any provision of this ordinance, or the applicability of any provision to any person or circumstance, shall be held to be invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected and shall be given effect to the fullest extent practicable.

Section 6. FEDERAL AND [STATE/COMMONWEALTH] PREEMPTION

Nothing in this ordinance shall be interpreted as conflicting with the statutes of the United States, or the laws of this [STATE/COMMONWEALTH].