[CRNMC] FYI - Resolution 2003, adopted by the Board of Supes

[karinajoy]

Just found this resolution I helped to write in 2003. It was adopted by the Board. Someone asked me for a copy, so passing it along.
Karina

RESOLUTION TO DEFEND THE BILL OF RIGHTS and CIVIL LIBERTIES 
•
Mendocino County 2003


WHEREAS the County of Mendocino recognizes the Constitution of the United States of America to be the supreme law of the land, which all public servants are sworn to uphold, superseding all administrative rules, local ordinances, state statutes, federal laws, treaties, and executive orders;

WHEREAS the County of Mendocino has a long and proud tradition of upholding the free exercise and enjoyment of the unalienable rights granted to all natural persons by the  the Declaration of Independence, and the Constitution of the United States of America;

WHEREAS in November, 1974, in response to the gross intelligence agencies abuses of the 1960’s, California voters overwhelmingly amended the Constitution of the State of California to provide a ‘right to privacy’, 

WHEREAS the County of Mendocino affirms its strong opposition to terrorism, but also affirms that any efforts to end terrorism not be waged at the expense of the essential civil and human rights of the people of Mendocino, the United States and of the world;

WHEREAS the Patriot Act and the Homeland Security Act expands the “authority”* of the government to detain and investigate citizens and non-citizens and to engage in electronic surveillance, and threatens  the ability of the people of Mendocino County to exercise their rights to liberty, privacy, due process, and other  civil rights and liberties guaranteed under the California and US Constitution;

WHEREAS the County of Mendocino recognizes that such infringement of the constitutionally guaranteed rights of any natural person, under the color of law, is an abuse of power, a breach of the public trust, a misappropriation of public resources, a violation of civil rights and is beyond the scope of legitimate governmental authority;

WHEREAS, we recognize that democracy requires eternal vigilance against the corruption of power, and that the protection and preservation of our cherished Rights is the duty of every Citizen; 

WHEREAS, over (24) other communities around the country have passed similar resolutions reinforcing local efforts to support and defend the legal and human rights of their residents;

NOW THEREFORE BE IT RESOLVED that the County of Mendocino declares its firm committment to the protection of civil rights and civil liberties for all its residents and affirms its commitment to embody democracy and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and California State Constitutions;

BE IT FURTHER RESOLVED that local law enforcement continue to preserve and uphold resident’s freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested to do otherwise by federal or state law enforcement agencies acting under the color of law;
 
BE IT FURTHER RESOLVED that we call on all public servants to act in the spirit of our state and federal constitutions, refusing secrecy and reporting regularly and publicly all activities commited under the USA Patriot Act..........

BE IT FURTHER RESOLVED that Mendocino county is committed to avoiding discrimination and  racial profiling in law enforcement and in all functions of county government, and to vigorously upholding the constitutionally protected rights of  privacy and of all persons to peacefully protest and express their political views without fear of governmental interference or retaliation.

BE IT FURTHER RESOLVED that our Congressional delegation is petitioned  to actively monitor the implementation of the USA Patriot Act, and the Homeland Security Act, and to actively work for the repeal of  those portions which violate the Constitution and Bill of Rights;

BE IT FURTHER RESOLVED that upon passage, the County Clerk shall send copies of this resolution to all local, state and federal law enforcement agencies, the Governor’s office, our Congressional representatives, and to the President of the United States.

BE IT FURTHER RESOLVED that the provisions of this Resolution shall be severable, and if any phrase, clause, sentence or provision of this resolution is declared by a court of competent jurisdiction to be contrary to the Constitution of the United States or of the State of California, or the applicability thereof to any agency, person, or circumstance is held invalid, the validity of the remainder of this resolution and the applicability thereof to any other agency, person or circumstance shall not be affected thereby. 




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*”authority” - i.e. by what authority? we question your authority, “By what authority do you claim such ‘powers’?”  We do not recognize your authority to use such powers, to act contrary to the constitution.  We declare you to have stepped outside your legal bounds, and to have betrayed and trespassed on the Rights of  the Sovereign People.
“All people are by nature free and independent and have inalienable rights.  Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.”
Article 1, Section 1;  Constitution of the State of California

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EDUCATIONAL INFORMATION ATTACHMENTS:
-Oath to defend constitution from all enemies within and without.
-Definitions:  color of law, supreme law of the land, inalienable rights, declaration of independence as part of the “organic laws” of the U.S., citizen vs. Citizen
-PATRIOT acronym-”Providing Appropriate Tools Required to Intercept & Obstruct Terrorism”
-Quotes from other resolutions, clarifying specific points.
-relevant City/county policies


CITES:
- Richarson V. Selsky, 5 F616 (2nd Cir. 1993)  Public officials are entitled to qualified immunity from liability for civil damages so long as their conduct does not violate clearly established statutory or constitutional right.

- Luck V. Mazzone, 52 F3d 475 (2nd Cir. 1995)  Public employee does not relinquish First Amendment rights to comment on matters of public interest by virtue of government employment.

-Davis V. Ectir County, Texas, 40 F3d 777 (5th Cir. 1994)
 Rankin V. McPherson, 483 US 378, 97 LED2d 315, 107 SCt 2891 (1987)
Speech by public employees on public issues occupies highest rung of hierarchy of First Amendment values.

-Bivens V. Six Unknown Agents, 403 US 388, 29 LEd2d 619, 91 SCt 1999 (1970)
Supreme Court held that government agents may beheld liable for violating constitutional rights.  When  a government agent acts in an unconstitutional manner he becomes liable for money damages.

-Dugan V. Rank, 372 US 609, 10 LEd2d 15, 83 SCt 999 (1963)
There are two instances when the plaintiff can sue the United States directly:
 1) Action by an officer beyond his statutorily defined powers; 2) where the powers or the manner of execution are unconstitutional.

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