2020-R-03 - Prohibition on the Excessive Use of Force RESOLUTION 2020-R-03
A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA,
ADOPTING A POLICY FOR THE PROTECTION OF INDIVIDUALS
ENGAGING IN NON-VIOLENT CIVIL RIGHTS DEMONSTRATIONS,
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA
AS FOLLOWS:
WHEREAS, 42 United States Code 5304(a)(1)(1), enacted as Section 104 of the Housing and
Community Development Act of 1974, requires subrecipients of federal funds to adopt and
enforce a policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in nonviolent civil rights demonstrations;
WHEREAS, 42 United States Code 5304(a)(1)(2), enacted as Section 104 of the Housing and
Community Development Act of 1974, requires subrecipients of federal funds 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 such nonviolent civil rights
demonstration within its jurisdiction;
THEREFORE AND HENCEFORTH, it is the policy of the City of Edgewater to prohibit the use
of excessive force by law enforcement agencies within its jurisdiction against any individuals
engaged in nonviolent civil rights demonstrations; and to enforce applicable State and local laws
against physically barring entrance to or exit from a facility or location which is the subject of
such nonviolent civil rights demonstration within its jurisdiction with due and proper
consideration given to the extent and limits of the City's power and authority to do so.
All other resolutions and policies or sections of resolutions and policies of the City of Edgewater
in conflict with the provisions of this Resolution are hereby repealed to the extent of such
conflict.
If any section, paragraph, sentence, or clause hereof or any provision of this Resolution is
declared to be invalid or unconstitutional, the remaining provisions of this Resolution shall be
unaffected thereby and shall remain in full force and effect.
This Resolution shall take effect immediately upon its passage.
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Resolution#2020-R-03
DULY PASSED AND ADOPTED by the City Council of the City of Edgewater,
Florida at a regular meeting on this h157 day of 'C�c�r� , 2020.
During the April 6, 2020 Council Meeting under Item 5 - APPROVAL OR
CHANGES/MODIFICATIONS TO THE AGENDA, a Motion by Councilwoman Power with
Second by Councilwoman Yaney was made to continue this public hearing to a date and time
certain of May 4, 2020 at 6:00 pm. The vote on the first reading of this resolution on April 6,
2020 was as follows:
AYE NAY
Mayor Mike Thomas EXCUSED
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
Due to the continuing "State of Emergency" situation and since Resolutions do not need to
be advertised, this has been placed on the June 1"Council Agenda.
After Motion by Yic j�ctYCl with Second by
the vote on this resolution held on May 4, 2020 was as
follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberly Klein-Yaney
Councilwoman Megan O'Keefe
Councilman Gary Conroy
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Resolution#2020-R-03
Y
PASSED AND DULY ADOPTED this 1 st day of June, 2020.
ATTEST CITY COUNCIL OF THE
DGE TE LO
( _ C
lhli �y By.
Robin L.Matusick Mike
City Clerk/Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater,Florida. Approved as to form and Edgewater at during the Council meeting held on
legality by: Aaron R. Wolfe,Esquire the 1 st day of June,2020 under Agenda Item
City Attorney 8SL
Doran,Sims,Wolfe,Ciocchetti&Yoon
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Resolution#2020-R-03