Benton County, OR resolution

BEFORE THE BOARD OF COMMISSIONERS
FOR THE STATE OF OREGON, FOR THE COUNTY OF BENTON

In the Matter of Protecting the   )

Civil Rights and Liberties of       )              RESOLUTION #D2003-111

Benton County Residents          )                       

            WHEREAS, several actions recently taken by the federal government, including the adoption of the ""Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act,"" also known as the USA PATRIOT Act, several Executive Orders, and the ""Homeland Security Act,"" may cause the federal government to violate the following when pursuing matters of security:

• Freedom of speech, assembly and privacy;
• Fundamental liberties protected by due process and probable cause;
• The right to legal counsel in judicial proceedings; and
• Protection from unreasonable searches and seizures all of which are guaranteed to all residents of the United States by the Constitutions of Oregon and the United States; and

WHEREAS, there is conflicting federal legislation that directly impacts the ability of Benton County employees to respond to requests for assistance and access to personal and confidential information;

THEREFORE, BE IT RESOLVED THAT the Benton County Board of Commissioners, hereby:  

1.         Directs County employees to direct requests, including court orders, warrants and subpoenas from federal authorities under the aforementioned federal legislation or directives to the highest supervisory level:  the Sheriff for law enforcement and the Board of Commissioners for all others;

2.         Directs all County departments to continue their strong commitment to preserve residents' freedom of speech, religion, assembly and privacy; and

3.         Urges local law enforcement entities to continue to be vigilant in preserving the rights of the people of Benton County as guaranteed by the Oregon and United States Constitutions.

BE IT FURTHER RESOLVED that The Benton County Board of Commissioners requests that our United States Representatives and Senators monitor the implementation of federal legislation and executive directives and actively work to correct or repeal those parts of such legislation that violate our rights and liberties as stated in the Constitution of the United States. 

THEREFORE, in recognition that residents of Benton County, Oregon are a diverse population and include non-citizens whose contributions to the community are vital to its character and function, the Benton County Board of Commissioners asserts its commitment to defend the constitutionally protected rights to liberty, justice and the pursuit of happiness from unnecessary government intrusion.

Adopted this 18th day of March, 2003

Signed this                     day of March, 2003

BENTON COUNTY
BOARD OF COMMISSIONERS

                                       Jay Dixon, Chair

                                       Linda Modrell, Commissioner

                                       Annabelle Jaramillo, Commissioner