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Article 33
<br /> To see if the Town will vote to adopt the following resolution to protect the civil liberties of
<br /> Mashpee residents. We join herewith the towns of Eastham, Dennis, Wellfleet, Provincetown,
<br /> Brewster and Truro to adopt a resolution to protect the civil liberties of our residents.
<br /> Whereas the rights and liberties of the citizens and non-citizen residents of Mashpee,protected by
<br /> the Constitutions of the Commonwealth of Massachusetts and the United States of America
<br /> include: Freedom of speech and assembly; The right to privacy; The rights to counsel and due
<br /> process in judicial proceedings; Protection from unreasonable searches and seizures; The right to
<br /> be notified of charges against them.
<br /> and, whereas the mission of the Mashpee Police Department states that the "Department strongly
<br /> embraces the philosophy of community policing...we hope to build a strong collaborative
<br /> supportive relationship, which will build public trust and mutual respect between our citizens and
<br /> our police department, increasing the quality of life for those that live, work and visit the beautiful
<br /> Town of Mashpee."
<br /> and, whereas the Town of Mashpee Inclusion and Diversity Committee includes the purpose to
<br /> "Strive for a community characterized by the values of inclusion. Inclusion is defined as actively
<br /> pursuing goals of including, integrating, engaging, and welcoming all persons regardless of their
<br /> race, color, ethnicity, gender, sexual orientation, gender identity, disability, age, religion, creed,
<br /> ancestry national origin,military or veteran status,marital status,family status, or receipt of public
<br /> benefits."
<br /> and, whereas the Supreme Judicial Court of Massachusetts has stated that the Tenth Amendment
<br /> to the United States Constitutionprohibits the Federal government from compelling States to
<br /> employ their resources to administer and enforce Federal programs; and ruled "Conspicuously
<br /> absent from our common law is any authority (in the absence of a statute) for police officers to
<br /> arrest generally for civil matters, let alone authority to arrest specifically for Federal civil
<br /> immigration matters."
<br /> It Is Therefore Resolved and the Town Meeting is petitioned to forbid all local and non-local
<br /> officials in Mashpee in the absence of probable cause of criminal activity, to the extent legally
<br /> permissible, and in keeping with current practice, from:
<br /> 1. Participating in or cooperating with any inquiry,investigation,surveillance or detention having
<br /> to do with immigration matters falling under the jurisdiction of the Federal government.
<br /> 2. Enforcing immigration matters.
<br /> 3. Profiling based on race, ethnicity, citizenship,religion, or political values
<br /> 4. Using town funds and other town resources for the enforcement of federal immigration laws
<br /> to the extent permissible by law,and unless presented with a criminal warrant or other evidence
<br /> of probable cause as required by the 4th Amendment of the US Constitution.
<br /> 5. Violating the civil liberties and human rights of all residents and visitors regardless of race,
<br /> ethnicity, religion, ability, sexual and gender identity, national origin, or citizenship and
<br /> immigration status.
<br /> Submitted by Petition
<br /> Explanation: This article is our way to show our support and thanks for the current practice and
<br /> policy of Mashpee police's mission of"community policing," and of the Diversity Committee's
<br /> goal of keeping Mashpee a welcoming community for all residents. Its goal is to reinforce
<br /> adherence to current law,to our civil liberties, and to the priority for local resources to be directed
<br /> toward the safety of Mashpee residents.
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