Resolution - 2008 - 18 - Adopting A Policy Prohibiting The Use Of Excessive Force Against Non-Violent Civil Rights Demonstrators - 05/13/2008
RESOLUTION NO. 08-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAGLE, ADA COUNTY,
IDAHO, ADOPTING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE
AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTARATORS, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The Congress of the United States has passed the Armstrong/Walker "Excessive
Force" Amendment (Section 104 (L)(1) of title I of the Housing and Community Development
Act of 1974 as amended) prohibiting the use of excessive force by a local law enforcement
agency against any individual engaged in nonviolent civil rights demonstration with its
jurisdiction;
AND WHEREAS, the City of Eagle, Idaho has received an Idaho Community Development
Block Grant and is required to comply with the Armstrong/Walker "Excessive Force"
Amendment;
AND WHEREAS, The use of excessive force against demonstrators may cause the City to lose
its grant or eligibility for future federal grants;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO:
Section 1. It is policy of the City of Eagle that excessive force by local law enforcement
agencies shall not be used against individuals engaged in lawful and nonviolent civil rights
demonstrations with the City boundaries.
Section 2. The City Council directs the Police Chief to implement this Resolution by amending
applicable police department procedures.
PASSED BY THE CITY COUNCIL, CITY OF EAGLE, IDAHO, ON THIS J_~JkDA Y OF
MA Y, 2008.
PHILLIP J. BANDY
MA YOR
ATTEST:
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SHARbN K. BERGMANN
CITY CLERK/TREASURER
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MAY 0 :: 2008
IDAHO
DEPARTMENT OF COMMERCE
C. L. "BUTCH" OTTER, GOVERNOR
DONAlD A. DIETRICH, DIRECTOR
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April 28, 2008
The Honorable Phil Bandy
Mayor, City of Eagle
600 E. Civic Lane
Eagle, Idaho 83616
Dear Mayor Bandy:
Congratulations on being awarded a $100,000 Idaho Community Development Block Grant (ICDBG).
Your grant contract number for the senior center parking lot paving project is ICDBG-08-III-I-SR. All
documents and references related to your project should contain this number.
Until you have an executed contract, you may obligate and spend local funds for only these activities:
Project costs such as design professional services, conducting the environmental assessment and
associated studies, and procedural requirements for procurement of grant administrators and design
professionals.
After the effective date of the contract, you may be reimbursed for these costs provided the activities are
undertaken in compliance with all program requirements. Grant administration and design professional
costs may be reimbursed prior to the environmental review being completed provided a determination of
exemption is submitted with the payment request. Reimbursement for all other project activities has to
wait until the environmental review is completed and approved by the department.
In addition, the following items are needed before the contract can be prepared:
~ Provide documentation that an excessive force resolution has been adopted by the city.
If you have any questions concerning your project, please call Pat Madarieta at 334-2650, Ext.2144, the
Community Development Specialist assigned to your project.
Sincerely,
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Donald A. Dietrich
Director
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cc:
Lloyd Mafaffey, EAC
Shawn Charters, Shawn Charters Consulting
700 West State Street. P.D Box 83720. Boise, Idaho 83720. Tel: 208-334-2470. Fax: 208-334-2631 . Web: commerce.idaho.gov
Equal Opportunity Employer
Mayor Phil Bandy
May 15,2008
Idaho Department of Commerce
Attn: Pat Madarieta
P.O. Box 83720
Boise,ID 83720
RE: ICDBG-08-III-I-SR
Dear Pat:
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CITY OF EAGLE
P.O. Box 1520
Eagle, Idaho 83616
939,6813
Council: Steve Guerber
Michael Huffaker
Norm Semanko
.Al Shoushtarian
Per a letter dated April 28, 2008 from Director Dietrich, enclosed is a copy of the
excessive force resolution recently adopted by the City of Eagle that was required prior to
the grant contract being executed. .
Eagle is quite excited to be the recipients of a Community Development Grant and look
forward to seeing the end results! Should you need additional information or assistance, I
may be reached at 208-939-6813.
Sin~erely, &06-'
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Tracy E~ ehborn ,CMC
Sr Deputy Clerk/Treas.
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ENCLOSURE
K:\Clerks\Letters\2008\JCDBG excessive force Ie. doc