HomeMy WebLinkAbout03/24/2009 12 Excessive Force and Nonviolent Civil Rights Demonstrations • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No./
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 (I), stating that no CDBG funds may be
obligated or expended by any unit of general local government 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-t-, { City Manager
STAFF RECOMMENDATION: Approve Agreement
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
•
RESOLUTION NO. R 2009 -
A RESOLUTION 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 government 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 I 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.
Cim/Excessive Force Resolution CDBG
page 1 of 2
ADOPTED BY THE CITY COUNCIL this 24 day of March, 2009.
ATTEST: David Edler, Mayor
Debbie Moore, City Clerk
Cim/Excessrye Force Resolution CDBG
page 2 oft