Order No. 28503 Resolution Prohibiting the use of Excessive Force by Law Enforcement Agencies Came to be heard this the 26th day of January 2004 with a motion made by Commissioner Williams, Seconded by Commissioner Baldwin the Court unanimously approved by a vote of 4-0-0 a Resolution prohibiting the use of excessive force by law enforcement agencies within our jurisdiction against any individual(s) engaged in non-violent civil rights demonstrations. This is a requirement of political subdivisions that receive Community Development Block Grant Funds, of which we have received $1.5 Million for the Kerrville South Wastewater Project. ~~ ~~ ~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams MEETING DATE: January 26, 2004 OFFICE: Commissioner, Pct. 2 TIME PREFERRED: SUBJECT: (Please be specific). Consider, discuss and take appropriate action to approve A Resolution prohibiting the use of excessive force by law enforcement agencies within our jurisdiction against any individual(s) engaged in non-violent civil rights demonstrations. This is a requirement of political subdivisions that receive Community Development Block Grant Funds, of which we have received $1.5 Million for the Kerrville South Wastewater Project. EXECUTIVE SESSION REQUESTED NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams. ESTIMATED LENGTH OF PRESENTATION: 5 Minutes IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. ." ~I.LT ;; .. ~J.. .. Bill Williams From: "Dave Tucker" To: "Bill Williams" Sent: Wednesday, January 14, 2004 10:57 AM Attach: RESOLUTION.doc Subject: Excessive Force resolution Hi Commissioner, this resolution is a requirement (excerpt from the CD implementation manual follows): 1.1.1. 24 CFR Part 91, Section 225 (b) 5. The Consolidated Plan for Community Planning and Development Programs require that in order for a local government to receive CDBG funds, it must certify that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations. In addition, and in the case where there is no local police department, the local government also must certify that it has adopted and is enforcing a policy against physically barring entrance to or exit from, a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. Most of my clients passed it years ago because most had recd CDBG funds in the past. Bandera, Medina and Kendall Counties are examples, they have this resolution on record. If it's possible to place this on the next agenda so I can demostrate to ORCA that it's at least being considered, that would be great. The trade-off would be giving up $1.5 Million in grants (so far). Thanks -Dave 1 /19/04 RESOLUTION 28503 A RESOLUTION ESTABLISHING RULES AND REGULATIONS REGARDING THE USE OF EXCESSIVE FORE DURING NONVIOLENT CIVIL RIGHTS DEMONSTRATIONS, INCLUDING PHYSICALLY BARRING ENTRANCE TO A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH DEMONSTRATION, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF IN KERR COUNTY, STATE OF TEXAS, AS FOLLOWS: ARTICLE I SECTION 1: It is the policy of Kerr County to prohibit the use of excessive force by the law enforcement agencies within its jurisdiction against any individual engaged in nonviolent civil rights demonstrations. The County also prohibits the physical barring of any entrance to, or exit from, such a facility within its jurisdiction. ARTICLE II SECTION 2: It is the policy of the County to enforce this policy to the full extent allowed by law. ARTICLE III Passed and adopted by the Commissioners Court of Kerr County, State of Texas, on the 26th day of January 2004. Pat Tin ,County Judge ~" ~OMlyjs ~~~.~.