Agenda - Council - 03/09/2021 - Laserfiche WebLink

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CC Regular Session Meeting Date: 03/09/2021 Submitted For: Kurt Ulrich, Administrative Services By: Kathy Schmitz, Administrative Services Information 7.7. Title: Adopt Resolution # 21-067 Instructing that No City Resource be Utilized in the Enforcement of Executive Order 20-81 Purpose/Background: Councilmembers Heineman and Howell have requested consideration of the attached resolution. The following language was provided: Section 1 of the 14th Amendment states that.• All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. We and other elected officials took an oath to uphold the constitutions of the United States and the State of Minnesota (City Code Chap.12, Sec. 12.2 ), and Governor Walz' executive orders in response to the Covid-19 pandemic have broadly undermined the basic human rights of our neighbors, our families, and ourselves and; conflict with and do not release the city of Ramsey from its' obligation to operate in harmony with the constitutions of this state and of the United States and with the statutes of this state (City Code Chap.l, Sec.1.2 and State Statute 609.735, Chap.12, Sec. 12.39, Chap. 144, Sec.144.651, Chap. 363A, Sec, 363A.11). Recommendation: Councilmembers Heineman and Howell have requested consideration of the attached resolution. The following language was provided: It is recommended that CITY RESOURCES, whether physical, financial or otherwise, including but not limited to law enforcement, city staff and personnel, city contractors and subcontractors or assistance of any kind tied to the city, or any cooperation to any government including federal, state, or county, SHALL NOT be used to enforce any of Governor Walz's Emergency Executive Orders, including but not limited to, Executive Order 20-81 and any other orders that infringe on people's constitutionally protected rights, especially as it related to COVID-19. Staff Comment: The City Attorney advises that the Council doesn't have the authority to instruct law enforcement not to enforce certain laws. He mentioned that points raised in the proposed resolution have been argued in Minnesota courts and the Executive Order has been upheld. Police Chief Katers has expressed similar concerns and, while the mask mandate (a petty misdemeanor) is not proactively enforced by our police, they are bound to enforce the law as determined by the court system. If such a resolution is considered by the Council, it is recommended that the "no enforcement" language be changed to some "strongly opposed... " language that would support the Council's position, without directing staff not to enforce this particular law. Action: Refer item to a future Council work session, or Motion to adopt Resolution #21-067, as amended.