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Mendocino County, CA Resolution

Document Date: April 24, 2003

RESOLUTION NO. 03-083

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STATE OF CALIFORNIA, COUNTY OF MENDOCINO, PROTECTING AND DEFENDING THE BILL OF RIGHTS AND CONSTITUTION OF THE UNITED STATES OF AMERICA

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 and which supercedes all administrative rules, local ordinances, state statutes, Federal Laws, Treaties, and Executive Orders; and

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

WHEREAS, in November 1974, California voters overwhelmingly amended the Sate Constitution to guarantee a right to privacy; and

WHEREAS, the County of Mendocino affirms its strong opposition to terrorism, and affirms that any efforts to terrorism must not be waged at the expense of our Constitutionally-guaranteed civil and human rights; and

WHEREAS, with gratitude for the supreme sacrifices of those who have fought and died in the armed forces of the United States in order to protect our cherished rights and liberties, we, the people of Mendocino County, likewise stand firm in honoring and preserving those rights and liberties; and

WHEREAS, provisions of the USA PATRIOT Act, the Homeland Security Act, and certain Federal Executive Orders and Edicts of the Attorney General threaten constitutional rights of the residents of the United States and of Mendocino County that they infringe upon the right of people to:

  • not be detained or investigated without probable cause;
  • not be deprived of liberty without due process;
  • to be secure in their homes, papers and effects from unreasonable searches and seizures;
  • seek redress of grievances;
  • free speech;
  • a speedy and public trial;
  • confidential assistance of counsel for defense;
  • free association and assembly;
  • privacy;
  • other civil liberties guaranteed under the Constitutions of the United States and California; and

WHEREAS, the County of Mendocino recognizes that such infringements on the Constitutionally-guaranteed rights of any natural person under color of law are a breach of the public trust, an abuse of power, and a misappropriation of public funds; and

NOW THEREFORE BE IT RESOLVED that the County of Mendocino affirms its commitment to defend and uphold the rights and liberties guaranteed by the Constitutions of the United States and California; and

BE IT FURTHER RESOLVED that Mendocino County and its law enforcement will continue to respect all residents' freedom of speech, assembly, association, and privacy; the right to counsel and due process in judicial proceedings, to protection from unreasonable searches and seizures, and other Constitutional rights, even if requested to do otherwise by federal agents acting under color of law; and

BE IT FURTHER RESOLVED that Mendocino County remains committed to avoiding racial, ethnic, religious, and political discrimination and profiling in law enforcement and in all functions of County government; and

BE IT FURTHER RESOLVED that the County of Mendocino supports the repeal of those portions of the USA PATRIOT Act and the Homeland Security Act which violate the U.S. Constitution and Bill of Rights; and supports the countermand and revocation of those Federal Executive Orders and Edicts of the Attorney General which violate the U.S. Constiution and the Bill of Rights; and affirms the spirit and letter of the Freedom of Information Act as passed by Congress.

The foregoing Resolution introduced by Suprevisor Colfax, seconded by Supervisor Campbell, and carried on this 22nd day of April, 2003, by the following vote:

AYES: Supervisors Wagenet, Campbell, Colfax, and Shoemaker
NOES: Supervisor Delbar
ABSENT: None

WHEREUPON, the Chair declared said Resolution adopted and SO ORDERED.

/s/Richard Shoemaker
Richard Shoemaker, Chairman

ATTEST: Kristi Furman
Clerk of the Board

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