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Protection from unreasonable searches and
<br />seizures; The right to be notified of charges against
<br />them.
<br />and, whereas the mission of the Mashpee Police
<br />Department states that the "Department strongly
<br />embraces the philosophy of community policing... we
<br />hope to build a strong collaborative supportive
<br />relationship, which will build public trust and mutual
<br />respect between our citizens and our police department,
<br />increasing the quality of life for those that live, work
<br />and visit the beautiful Town of Mashpee."
<br />and, whereas the Town of Mashpee Inclusion and
<br />Diversity Committee includes the purpose to "Strive
<br />for a community characterized by the values of
<br />inclusion. Inclusion is defined as actively pursuing
<br />goals of including, integrating, engaging, and
<br />welcoming all persons regardless of their race, color,
<br />ethnicity, gender, sexual orientation, gender identity,
<br />disability, age, religion, creed, ancestry national origin,
<br />military or veteran status, marital status, family status,
<br />or receipt of public benefits."
<br />and, whereas the Supreme Judicial Court of
<br />Massachusetts has stated that the Tenth Amendment to
<br />the United States Constitutionprohibits the Federal
<br />government from compelling States to employ their
<br />resources to administer and enforce Federal programs;
<br />and ruled "Conspicuously absent from our common
<br />law is any authority (in the absence of a statute) for
<br />police officers to arrest generally for civil matters, let
<br />alone authority to arrest specifically for Federal civil
<br />immigration matters."
<br />It Is Therefore Resolved and the Town Meeting is
<br />petitioned to forbid all local and non -local officials in
<br />Mashpee in the absence of probable cause of criminal
<br />activity, to the extent legally permissible, and in
<br />keeping with current practice, from:
<br />1. Participating in or cooperating with any inquiry,
<br />investigation, surveillance or detention having to
<br />do with immigration matters falling under the
<br />jurisdiction of the Federal government.
<br />2. Enforcing immigration matters.
<br />3. Profiling based on race, ethnicity, citizenship,
<br />religion, or political values
<br />4. Using town funds and other town resources for the
<br />enforcement of federal immigration laws to the
<br />extent permissible by law, and unless presented
<br />with a criminal warrant or other evidence of
<br />probable cause as required by the 4th Amendment
<br />of the US Constitution.
<br />Violating the civil liberties and human rights of all
<br />residents and visitors regardless of race, ethnicity,
<br />religion, ability, sexual and gender identity,
<br />national origin, or citizenship and immigration
<br />status.
<br />Submitted by Petition
<br />Explanation: This article is our way to show our
<br />support and thanks for the current practice and policy
<br />of Mashpee police's mission of "community policing,"
<br />and of the Diversity Committee's goal of keeping
<br />Mashpee a welcoming community for all residents. Its
<br />goal is to reinforce adherence to current law, to our civil
<br />liberties, and to the priority for local resources to be
<br />directed toward the safety of Mashpee residents.
<br />The Board of Selectmen takes no position on Article
<br />33 by a vote of 4-1.
<br />The Finance Committee takes no position on Article
<br />33 by a vote of 5-0.
<br />Motion made by Petitioner Barbara Lynne Barbee.
<br />Motion: I move the Town vote to adopt the following
<br />resolution to protect the civil liberties of Mashpee
<br />residents. We join here with the towns of Eastham,
<br />Dennis, Wellfleet, Provincetown, Brewster and Truro
<br />to adopt a resolution to protect the civil liberties of our
<br />residents.
<br />Whereas the rights and liberties of the citizens and non -
<br />citizen residents of Mashpee, protected by the
<br />Constitutions of the Commonwealth of Massachusetts
<br />and the United States of America include: Freedom of
<br />speech and assembly; The right to privacy; The rights
<br />to counsel and due process in judicial
<br />proceedings; Protection from unreasonable searches
<br />and seizures; The right to be notified of charges against
<br />them.
<br />and, whereas the mission of the Mashpee Police
<br />Department states that the "Department strongly
<br />embraces the philosophy of community policing... we
<br />hope to build a strong collaborative supportive
<br />relationship, which will build public trust and mutual
<br />respect between our citizens and our police department,
<br />increasing the quality of life for those that live, work
<br />and visit the beautiful Town of Mashpee."
<br />and, whereas the Town of Mashpee Inclusion and
<br />Diversity Committee includes the purpose to "Strive
<br />for a community characterized by the values of
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