Title: Establishing an Office of Civil Rights within the Sheriff's Department
Author: Harold W. Bolinger (Under Contract with Gun Owners Foundation)
Applicability: (County) To create an arm of the sheriff's department to investigate violations of individual constitutional rights committed by government officials
Establishing an "Office of Civil Rights" within the sheriff's department
THERE IS HEREBY ESTABLISHED within the Sheriff's Department of (name) County an "Office of Civil Rights."
SECTION ONE (Appointment of Department Head, Duties Thereof):
A. The sheriff shall appoint a lead deputy to run the Office of Civil Rights, but at all times the sheriff shall be the primary person responsible for the discharge of the functions of the office.
B. The deputy in charge of the Office of Civil Rights shall recommend to the sheriff a budget and plan for exercising the duties and responsibilities pertaining thereto.
C. The deputy in charge of the Office of Civil Rights shall receive the rank of Lieutenant, and shall oversee all daily operations of the Office of Civil Rights in consultation with the sheriff.
SECTION TWO (Function):
The function of the Office of Civil Rights is to protect the rights and immunities secured by the Constitutions of the United States and the State of (name) within the jurisdiction of (name) County. It shall be the responsibility of the Office of Civil Rights to receive and investigate any complaints brought by citizens of (name) County which relate to any of the following:
A. Violations of oath of office committed by any person acting in an official capacity under the laws of this State or any political subdivision thereof, or of the United States or any department or unit thereof.
B. The deprivation of any rights under color of law committed against a citizen or citizens of this County by any officer(s) or employee(s) of this State or any political subdivision thereof, or of the United States or any department or unit thereof.
C. Disputes arising over jurisdiction when employees of the State of (name), or any department or political subdivision thereof, or of the United States or any department of unit thereof purport to assert jurisdiction over a citizen or citizens of (name) County.
SECTION THREE (Action Directed To Be Taken On Behalf Of Citizen[s]):
A. The Office of Civil Rights shall, upon a complaint by a citizen of this County alleging a circumstance covered by Section II-A, II-B, or II-C, investigate the complaint to determine its validity. Upon sufficient inquiry to sustain the complaint, the investigating officer shall notify the sheriff, who is then authorized to commence legal recourse on behalf of the aggrieved citizen.
B. If the complaint is brought under Section II-A, the investigating deputy shall, together with the person bringing the complaint, file a criminal complaint with [insert name of court or judicial officer] setting forth the particulars of the case under authority of [insert section of state code/constitution].
Any evidence gathered during the course of the investigation by the Office of Civil Rights shall become part of the official case for the County/State in prosecuting defendant(s).
C. If the complaint is brought under Section II-B, the investigating deputy shall, together with the person bringing the complaint, file a criminal and/or civil complaint with the United States Department of Justice, Civil Rights Division setting forth the particulars of the case under authority of Title 18, Section 241 or 242 (whichever applies) of the United States Code.
Any evidence gathered during the course of the investigation by the Office of Civil Rights shall become part of the official case for the County. The Office of Civil Rights shall assist the victim to prosecute the defendant(s) in federal court. The Office of Civil Rights shall assist the U.S. Department of Justice, Civil Rights Division to the fullest extent possible with the case.
D. If the complaint is brought under Section II-C, the investigating deputy shall research and investigate the jurisdictional claim of the employee of the government or department thereof and offer a legal opinion to the complainant regarding the matter.
If the deputy believes, following the investigation, that the government employee, whether a state or federal matter, lacks jurisdiction over the individual or subject matter in question, the deputy shall immediately notify the sheriff. It shall then be the responsibility of the sheriff to file proper recourse and redress in either state or federal court, or both state and federal courts, to protect the citizen(s) of (name) County from action(s) by employees of government who attempt to act while lacking jurisdictional authority to perform the action.
E. The sheriff shall have the authority to intervene either civilly or criminally, or proceed with both civil and criminal actions, on behalf of any citizen of this county and to resist, with force if necessary, any violations of law committed by any agent of this State or the United States occurring within the jurisdiction of (name) County. Actions taken can include filing on behalf of a citizen any and all legal documents, suits at law, civil and criminal proceedings, injunctions, or other warranted actions with proper judicial authorities, whether County, State or Federal. The financial burden of any and all actions taken by a sheriff on behalf of a citizen or the people of this County shall rest on the County's general fund.
