2019-86-Minutes for Meeting January 23,2019 Recorded 3/8/2019L�O'� E S C-
4
r� BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 3 88-6 570
Recorded in Deschutes County CJ2019-86
Nancy Blankenship, County Clerk
Commissioners' .Journal 03/08/2019 2:50:51 PM
co
II I I (II (' I'II II II I I II II II III
2019-86
FOR RECORDING STAMP ONLY
10:00 AM WEDNESDAY, January 23, 2019 BARNES & SAWYER ROOMS
Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Tom
Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel;
and Sharon Keith, Board Executive Assistant, Several citizens and identified representatives of the
media were in attendance.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.iqm2..com/Citizens/Default..a.spx
CALL TO ORDER: Chair Henderson called the meeting to order at 10:00 am
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
jerrad Robison commented on second amendment rights and reported on the
original proposal of the 2nd Amendment Preservation ordinance. He presented a
new 2nd Amendment Sanctuary ordinance.
BOCC BUSINESS MEETING JANUARY 23, 2019 PAGE 1 OF 3
CONSENT AGENDA: Before the Board was Consideration of Approval of the
Consent Agenda. Commissioner Henderson requested to pull Item 2 for further
review.
DEBONE: Move approval of Consent Agenda Item 1 and 3
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
Consent Agenda Items:
1. Approval of Minutes of the)anuary 9, 2019 Business Meeting
2. Approval of Minutes of the January 9, 2019 Work Session
3. Approval of Minutes of the January 16, 2019 Business Meeting
ACTION ITEMS:
4. La Pine Sunriver Habitat for Humanity Update on the Putney Place
Town Home Project
Wade Watson, Dwane Krumme, Dick Arnold, and Kristee Chick as
representatives of La Pine Sunriver Habitat for Humanity presented an
update on the Putney Place Town Home Project. Mr. Watson reported on
the planned development.
5. Consideration of Board Signature of Document No. 2019-072, a Bargain
and Sale Deed for a Property Donation to Redmond Habitat for
Humanity
BOCC BUSINESS MEETING JANUARY 23, 2019 PAGE 2 OF 3
James Lewis Property Manager along with Scott Brown of Redmond Habitat
for Humanity presented this item.
ADAIR: Move approval of Document No. 2019-072
DEBONE: Second
VOTE: ADAIR: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
OTHER ITEMS:
Being no further items to come before the Board, the meeting was adjourned at 10:37 a.m.
ATTEST:
4k6�6RDING SECRETARY
BOCC BUSINESS MEETING JANUARY 23, 2019 PAGE 3 OF 3
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, WEDNESDAY, JANUARY 23, 2019
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public. To watch it online, visit www deschutes.orglmeetines. Business Meetings are
usually streamed live online and video recorded.
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board's ability to address other topics.
Meetings are subject to cancellation without notice.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues
that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the
Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to
speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not
being conducted as a part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or other printed matter as part of your
testimony during a public hearing, please be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
CONSENT AGENDA
1. Approval of Minutes of the January 9, 2019 Business Meeting
2. Approval of Minutes of the January 9, 2019 Work Session
Board of Commissioners Business Meeting Agenda Wednesday, January 23, 2019 Page 1
of 2
3. Approval of Minutes of the January 16, 2019 Business Meeting
ACTION ITEMS
4. La Pine Sunriver Habitat for Humanity Update on the Putney Place Town Home
Project
5. Consideration of Board Signature of Document 2019-072, a Bargain and Sale Deed
for a Property Donation to Redmond Habitat for Humanity -,James Lewis, Property
Management
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation, ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues, or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific guidelines,
are open to the media.
ADJOURN
Deschutes County encourages persons with disabilities to participate in all programs and activities. To
request this information in an alternate format please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.or /g meetingcalendar
Meeting dates and times are subject to change. If you have question, please call (541) 388-6572.
Board of Commissioners Business Meeting Agenda Wednesday, January 23, 2019 Page 2
of 2
Document presented and submitted byJerrad Robison during Citizen Input to the
Deschutes County Board of County Commissioners at the Business Meeting on
Wednesday, January 23, 2099.
2019 Deschutes County State of Oregon
Second Amendment Sanctuary Ordinance
SECTION 1. TITLE
The title of this ordinance shall be known as the "Second Amendment Sanctuary Ordinance," or
"SASO."
SECTION 2. FINDINGS
The people of Deschutes County Oregon find and declare:
A. Acting through the United States Constitution, the people created government to be their
agent in the exercise of a few defined powers, while reserving the citizen's right to decide on
matters, which concern their lives, liberties, and properties in the ordinary course of affairs;
B. The Second Amendment to the Constitution of the United States of America states, "A well -
regulated Militia being necessary to the security of a free State, the right of the People to
keep and bear arms, shall not be infringed ";
C. The rights of the people to keep and bear arms are further protected from infringement by
State and Local Governments under the Ninth and Tenth Amendments to the Constitution of
the United States of America as well as Article 1 of the Constitution of the Great State of
Oregon;
D. Article 1, Section 27 of the Constitution of the Great State of Oregon states, "The people
shall have the right to bear arms for the defense of themselves, and the State, but the Military
shall be kept in strict subordination to the civil power";
E. Article 1, Section 33 of the Constitution of the Great State of Oregon states, "This
enumeration of rights and privileges shall not be construed to impair or deny others retained
by the people ";
F. The Supreme Court of the United States of America in District of Columbia v. Heller upheld
the individual's right to bear arms as protected by the Second Amendment of the Constitution
of the United States of America. Justice Scalia's opinion stated that the Second Amendment
protects an individual's right to possess a firearm unconnected with service in a militia, and
to use that firearm for traditionally lawful purposes, such as self-defense within the home;
G. Justice Thomas M. Cooley in the People v. Hurlbut 24 Mich. 44, page 108 (1871) he
surmises: "The State may mould local institutions according to its views of policy or
expediency: but local government is matter of absolute right; and the state cannot take it
away ;
H. The Fourteenth Amendment to the Constitution of the United States of America Section 1 it
states, "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";
There is a right to be free from the commandeering hand of government that has been most
notably recognized by the United States Supreme Court in Printz v. United States. The Court
held: `The Federal Government may neither issue directives requiring the States to address
particular problems, nor command the States' officers, or those of their political subdivisions,
to administer or enforce a federal regulatory program. The anticommandeering principles
recognized by the U.S. Supreme Court in Printz v. United States are predicated upon the
advice of James Madison, who in Federalist 946 advised "a refusal to cooperate with officers
of the Union" in response to either unconstitutional federal measures or constitutional but
unpopular federal measures;
J. It should be self-evident from the compounding evidence that the right to keep and bear arms
is a fundamental individual right that shall not be infringed and all local, state, and federal
acts, laws, orders, rules or regulations regarding firearms, firearms accessories, and
ammunition are a violation of the Second Amendment;
K. Local governments have the legal authority to refuse to cooperate with state and federal
firearm laws that violate those rights and to proclaim a Second Amendment Sanctuary for
law-abiding citizens in their cities and counties;
L. Therefore, through the enactment of this document Deschutes County Oregon is hereby a
Second Amendment Sanctuary County;
SECTION 3. PROHIBITIONS
A. Other than in compliance with an order of a District or Circuit court, and notwithstanding any
other law, regulation, rule or order to the contrary, no agent, department, employee or official
of Deschutes County, a political subdivision of the State of Oregon, while acting in their
official capacity, shall:
1) Knowingly and willingly, participate in any way in the enforcement of any Extraterritorial
Act, as defined herein regarding personal firearms, firearm accessories, or ammunition.
2) Utilize any assets, county funds, or funds allocated by any entity to the county, in whole or in
part, to engage in any activity that aids in the enforcement or investigation relating to
personal firearms, firearm accessories, or ammunition.
SECTION 4. PENALTIES
A. All local, state and federal acts, laws, orders, rules, or regulations, which restrict or affect an
individual person's, or The Peoples', general right to keep and bear arms, including firearms,
firearm accessories or ammunition shall be foreign laws and defined as Extraterritorial Acts,
and are invalid in this county. Such Extraterritorial Acts shall not be recognized by
Deschutes County, are specifically rejected by the voters of this county, and shall be
considered null, void and of no effect in Deschutes County Oregon, and this includes, but
shall not be limited to the following:
1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not
common to all other goods and services on the purchase or ownership of those items by
citizens; and
2) Any registering or tracking of firearms, firearm accessories, or ammunition;
3) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition;
4) Any registration and background check requirements on firearms, firearm accessories, or
ammunition for citizens; and
5) Any Extraterritorial Act forbidding the possession, ownership, or use or transfer of any type
of firearm, firearm accessory, or ammunition by citizens of the legal age of eighteen and
over; and
6) Any Extraterritorial Act ordering the confiscation of firearms, firearm accessories, or
ammunition from citizens; and
7) Any prohibitions, regulations, and/or use restrictions related to ownership of non -fully
automatic firearms, including but not limited to semi-automatic firearms; including
semiautomatic firearms that have the appearance or features similar to fully automatic
firearms and/or military "assault -style" firearms by citizens; and
8) Any prohibition, regulations, and/or use restrictions limiting hand grips, stocks, flash
suppressors, bayonet mounts, magazine capacity, clip capacity, internal capacity, or types of
ammunition available for sale, possession or use by citizens; and
9) Any restrictions prohibiting the possession of open carry or concealed carry, or the transport
of lawfully acquired firearms or ammunition by adult citizens or minors supervised by adults.
B. Anyone within the jurisdiction of Deschutes County Oregon accused to be in violation of this
ordinance may be made a defendant in a civil proceeding pursuant to ORS 203.065.
C. Fines recovered under ORS 203.030 to 203.075 shall be paid to the clerk of the court in
which recovery is had. After first deducting court costs in the proceedings, the clerk shall pay
the remainder to the treasurer of the county for the general fund of the county, pursuant to
ORS 203.065.
D. A civil offense against this ordinance is a Class A violation, per ORS 203.065, with a
maximum fine of $2,000 for an individual, and $4,000 for a corporation, per ORS 153.018.
E. Any peace officer, as defined by ORS 161.015, may enforce this ordinance, adopted under
ORS 203.035.
F. Exceptions:
a. The protections provided to citizens in Section A(1) -(A)(9) of this ordinance do not apply
to persons who have been convicted of felony crimes.
b. This ordinance is not intended to prohibit or affect in any way the prosecution of any
crime for which the use of, or possession of, a firearm is an aggregating factor or
enhancement to an otherwise independent crime.
c. This ordinance does not permit or otherwise allow the possession of firearms in State or
Federal buildings.
d. This ordinance does not prohibit individuals in Deschutes County from voluntarily
participating in assisting in permitting, licensing, registration or other processing of
applications for concealed carry permits, or other firearm, firearm accessory, or
ammunition licensing or registration processes that may be required by law in other legal
jurisdictions outside Deschutes County or by any other municipality inside Deschutes
County.
SECTION 5. PRIVATE CAUSE OF ACTION
A. Any entity, person, official, agent, or employee of the Deschutes County Government who
knowingly violates this ordinance, or otherwise knowingly deprives a citizen of Deschutes
County the rights or privileges ensured by the Second Amendment of the United States
Constitution or Article 1, Section 27 of the Oregon State Constitution, while acting under the
color of any state or federal law, shall be liable to the injured party in an action at law, suit in
equity, or other proper proceeding for redress.
B. In such actions, the court shall award the prevailing party, other than the government of
Deschutes County Oregon or any political subdivision of the county, reasonable attorney's
fees and costs.
C. Neither sovereign nor official or qualified immunity shall be an affirmative defense of the
County in cases pursuant to Section 4 or 5 of this ordinance.
SECTION 6. SEVERABILITY
A. The provisions of this act are hereby declared to be severable, and if any provision of this act
or the application of such provision to any person or circumstance is declared invalid for any
reason, such declaration shall not affect the validity of the remaining portions of this act.
SECTION 7. EFFECTIVE DATE
A. The effective date of this ordinance, The Second Amendment Sanctuary Ordinance or SASO
shall be effective immediately upon certification of approval by the voters of Deschutes
County.
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