HomeMy WebLinkAbout23-175 RESOLUTION NO. 2023-175
A'RESOLUTION OF THE BOARD OF COUNTY COMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA,ADOPTING POLICY PROTECTING INDIVIDUALS ENGAGED IN NONVIOLENT CIVIL
RIGHTS DEMONSTRATION.
WHEREAS, the Congress of the United States has passed Section 104(1) to the Title I of the
Housing and Community Development Act 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;
Excessive force is determined on the 'objective reasonableness' of the force based on the
situation. Nonviolent civil rights demonstrations use peaceful tactics to achieve social change
and may include distribution of information, picketing, marches, and vigils.
All prior policies and/or directives or parts of policies and/or directives that are contrary to the
provisions of this policy are hereby repealed to give this policy full force and effect. If any
section, clause, sentence, provision, or any part of this policy is held to be invalid or
unconstitutional,the remaining sections,clauses,sentences,or parts not included therein,will
remain in full force.
AND WHEREAS,the County of St. Lucie has received a Community Development Block Grant
and is required to comply with the Title I of the Housing and Community Development Act;
AND WHEREAS, the failure to enforce such policies may cause the COUNTY to lose its grant
or eligibility for future federal grants;
NOW,THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY THAT:
SECTION 1 It is the POLICY of the COUNTY to prohibit the use of excessive force
by law enforcement agencies within its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations;
SECTION 2 It is the POLICY of the COUNTY to require law enforcement agencies to
use the least amount of force necessary to achieve a lawful objective, to
intervene when another law enforcement officer uses excessive force,
that allegations of excessive force will be investigated, and that law
enforcement officers who use excessive force will be disciplined;
SECTION 3 It is the POLICY of the COUNTY to enforce existing 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 within its jurisdiction.
After motion and second, the vote on this resolution was as follows:
Chair Cathy Townsend AYE
Vice Chair Linda Bartz AYE
Commissioner Chris Dzadovsky AYE
Commissioner Larry Leet AYE
Commissioner Jamie Fowler AYE
PASSED AND DULY ADOPTED on this 5th day of December, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNT , FLORIDA
BY:
DEPUTY CLER A GOMMISS>C C IR
o /e AL 0
(3 iket
. APPROVED AS TO FORM
' �`° AND CO CTNESS:
tGcie couN r4.*y.
COUNTY ATT