HomeMy WebLinkAboutR-2009-045 Excessive Force and Nonviolent Civil Rights DemonstrationsA RESOLUTION
RESOLUTION NO. R 2009-45
condemning the use of excessive force against individuals engaged in
nonviolent civil rights demonstrations and enforcing applicable state laws
which prohibit the physical barring of the entrance or exit from a facility
or location which is the subject of a nonviolent civil rights demonstration.
WHEREAS, the Congress of the United States has passed the Housing and
Community Development Act, 42 U.S.C. Section 5304(1)(1) and (2) letter (I), stating that no
CDBG funds may be obligated or expended by any unit of general local govemment that fails
to adopt and enforce a policy of prohibiting the use of excessive force by local law
enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil
rights demonstrations; or fails to adopt and enforce a policy of enforcing applicable state and
local laws against physically barring entrance to or exit from a facility or location which is the
subject of nonviolent civil rights demonstrations within its jurisdiction; and
WHEREAS, the City of Yakima has received a Community Development Block Grant
and is required to comply with the Title 1 of the Housing and Community Development Act, 42
U.S.C. Section 5304(1)(1) and (2); and
WHEREAS, the failure to enforce such policies may cause the City of Yakima to lose its
grant or eligibility for future federal grants; and
WHEREAS, the City of Yakima is committed to ensuring the coexistence of public
safety and civil liberties; and
WHEREAS, the City of Yakima is committed to policing procedures that.; are fair,
equitable, and constitutional; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
SECTION 1. The City Council condemns the use of excessive force by local law enforcement
agencies against individuals engaged in lawful and nonviolent civil rights demonstrations.
SECTION 2. It is the policy of the City of Yakima to enforce all applicable state and local laws
which prohibit the physical barring of the entrance or exit from a facility or location which is the
subject of a nonviolent civil rights demonstration.
SECTION 3. The Yakima Police Department shall implement this Resolution by ensuring that
it has in place policies against the use of excessive force against individuals engaged in lawful
and nonviolent civil rights demonstrations, and enforcing applicable state and local laws
against the physical barring of an entrance to or exit from a facility or location which is the
subject of nonviolent civil rights demonstrations.
ADOPTED BY THE CITY COUNCIL this 24th day of March, 2009.
ATTEST:
City Clerk
Cim/Excessive Force Resolution CDBG
paged of 1
avid Edler, Mayor
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No./ a -
For Meeting of March 24, 2009
ITEM TITLE: A resolution condemning the use of excessive force against
individuals engaged in nonviolent civil right demonstrations and
enforcing applicable state laws which prohibit the physical barring
of the entrance or exit from a facility or location which is the
subject of a nonviolent civil rights demonstration.
SUBMITTED BY: William R. Cook, Community and Economic Development
Department Director
CONTACT PERSON/TELEPHONE: Michael Morales, Community and
Economic Development Deputy Director (575-3533)
SUMMARY EXPLANATION: In accordance with the Housing and Community Development
Act, 42, U.S.C. Section 5304(I)(1) and (2) letter (1), stating that no CDBG funds may be
obligated or expended by any unit of general local govemment that fails to adopt and enforce
a policy of prohibiting the use of excessive force by local law enforcement agencies within its
jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; or fails to
adopt and enforce a policy of enforcing applicable state and local laws against physically
barring entrance to or exit from a facility or location which is the subject of nonviolent civil
rights demonstrations within its jurisdiction.
Resolution X Ordinance Other (Specify)
Agreement X Mail to (name and address):
Funding Source
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Approve Agreement
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
COUNCIL ACTION: