PREAMBLE: It is the intent of this ordinance to define and establish a required oath of office and bond for all county employees deriving a paycheck from the countys treasury in Stevens County, Washington; that any state or federal employee that desires to exercise their respective state or federal agencys assumed jurisdiction within the interior of the exterior boundaries of Stevens County shall also subscribe an oath of office, file same in the county, and furnish such bond as the Stevens County Commissioners shall determine before they assume their official duties within the county. The necessity of this ordinance shall become effective immediately upon passage.
Whereas, sovereignty 1 is in the People on Stevens County, on Washington state.
Whereas, the sovereign People on Stevens County expect their Commissioners to enact this ordinance to restore sound government 2 according to the common law, in compliance with the laws of Washington, respecting the laws of nature and natures God 3 , wherein all people are to be treated as equal 4 in their unalienable 5 rights, among them Life, Liberty and the pursuit of Happiness 6 , with assurance that the communitys government operates responsibly in such manner that the rights 7 of the People will be protected and preserved, wherein no office or agency of government has any right to exist except with the consent 8 of the People, and if the Peoples county government fails to protect those rights - or, even worse, if the Peoples government itself begins to violate those rights - then it is the right and duty of the People to
1 "Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but, in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts. And the law is the definition and limitation of power." Yick Wo v. Hopkins, 118 U.S. 356 (1886). 2 Sound government should be based on self-evident truths. These truths should be so obvious, so rational, and so morally sound that their authenticity is beyond reasonable dispute. 8 Ancient Principles by Thomas J efferson. 3 The equal station of mankind here on earth is a cosmic reality, an obvious and inherent aspect of the law of nature and of nature's God. Ibid. 4 This presupposes (as a self-evident truth) that the Creator made human beings [living men/women, the people] equal in their rights, equal before the bar of justice, and equal in his sight. (Of course, individual attributes and personal circumstances in life vary widely.) Ibid. 5 These rights which have been bestowed by the Creator on each individual are unalienable; that is, they cannot be taken away or violated without the offender coming under the judgment and wrath of the Creator. A person may have other rights, such as those which have been created as a "vested" right by statute, but vested rights are not unalienable. They can be altered or eliminated at any time. Ibid. 6 Among the most important of the unalienable rights are the right to life, the right to liberty, and the right to pursue whatever course of life a person may desire in search of happiness, so long as it does not invade the inherent rights of others. Ibid. 7 The most basic reason for a community or a nation to set up a system of government is to assure its inhabitants that the rights of the people shall be protected and preserved. Ibid. 8 And because this is so, it follows that no office or agency of government has any right to exist except with the consent of the people or their representatives. Ibid. Stevens County Ordinance No. ________________ Page 1 of 6 Oath of Office Ordinance
regain control 9 of their political affairs which this ordinance will serve to assist the People and aid in the conduct of the people's business.
Whereas, the Commissioners have received numerous and varied complaints from the people concerning mistreatment and abuse 10 of the peoples unalienable rights by those in public service, especially those in service of agencies to the state and federal government.
Whereas, the People on Stevens County have expressed their political will that their Commissioners enact this Ordinance wherein all county employees, and other individuals deriving a paycheck from the County treasury shall be required to subscribe and file an oath of office or affirmation before entering into their employed position with the County; and
Whereas, RCW 36.16.050 provides that bonds for other than elective officials, if deemed necessary by the proper county legislative authority, shall be in such amount and form as such legislative authority shall determine;
Whereas, it is necessary that this Ordinance become effective immediately for the protection of unalienable rights of the people of this county for whom this Commission serves.
NOW, THEREFORE, BE IT ENACTED BY THE COUNTY COMMISSIONERS OF STEVENS COUNTY:
SECTION 1: Individuals in service to the People on Stevens County, or otherwise employed by Stevens County, or any officer or employee of any state or federal agency that intends to appear, operate or function in any official capacity within the interior of the exterior boundaries of Stevens County shall take the constitutional oath of office and furnish bond.
A. All individuals now employed or upon employment with Stevens County, and thus deriving a paycheck from the County Treasury, shall as a condition of their employment and/or service to the people of the county, take and subscribe the oath of
9 It also follows that if a government, either by malfeasance or neglect, fails to protect those rights - or, even worse, if the government itself begins to violate those rights - then it is the right and duty of the people to regain control of theirs affairs and set up a form of government which will serve the people better. Ibid. 10 Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Declaration of Independence (in part.) Stevens County Ordinance No. ________________ Page 2 of 6 Oath of Office Ordinance
office or affirmation (as shown in a. below), and file/record same with the Stevens County Auditor and pay the requisite recording fee at their own expense.
a. The oath shall be as follows:
I do solemnly swear (or affirm) that I will support the Constitution for the United States of America and the Constitution and laws of the State of Washington which are made in pursuit thereof, and that I will faithfully discharge the duties of the office of (name of office) to the best of my ability. (signed, dated and notarized)
b. The bond for each county employee shall be fixed as prescribed in RCW 36.16.050.
c. The oath of office shall be filed, and fees paid, with the Stevens County Auditor prior to exercising any assumed jurisdictional authority or service in the county.
i. All existing elected or appointed officers and deputies who have subscribed an oath of office shall cause their pre-existing oath to be filed in the public records as prescribed by those legislative acts that are codified RCW 65.04.015; 65.04.030(3); and RCW 36.18.010, and any other applicable statute, within 10 days of the execution of this ordinance at their own expense, as authorized by the sovereign people who have extended an Offer of Conditional Acceptance attached hereto as an Addendum.
ii. Any individual elected or appointed in the future or otherwise employed by the county, in service to the people, shall subscribe an oath of office and duly file same as required by law at their own expense, and furnish bond before entering upon his or her duties as a county employee.
iii. Any individual employed by the people of the county, who is neither an elected or appointed official, or a deputy, shall take, subscribe and file his or her oath of office with the County Auditors office and pay the fee at their own expense. Their oath shall remain in effect for their term of employment and will remain valid as long as any leave or break in employment shall not extend beyond one year.
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B. Individuals in service to the people of the state of Washington, intending or otherwise directed to exercise some form of assumed jurisdictional authority or appear in any official capacity within Stevens County, shall take the constitutional oath of office and furnish bond.
a. Any individual employed in public service to the people of the state of Washington in any commission, board, council, committee, subcommittee, department, division, office, or any other agency thereof, who intends or is otherwise directed to administer or exercise some form of assumed jurisdictional authority or appear in any official capacity from their respective state agency within the interior of the exterior boundaries of Stevens County shall take and subscribe the oath of office or affirmation [See Section 1(A)(a)] and file same with the Stevens County Auditor and pay the requisite recording fee at their own expense.
b. The oath of office shall be filed, and fees paid, with the Stevens County Auditor as prescribed by those legislative acts that are codified RCW 65.04.015; 65.04.030(3); and RCW 36.18.010, before exercising any assumed jurisdictional authority in Stevens County.
C. Individuals in service to the federal government of the UNITED STATES 11 who intend or are otherwise directed to exercise some form of assumed jurisdictional authority or appear in any official capacity in Stevens County, shall take the constitutional oath of office and furnish bond.
a. Any individual currently employed, or who may be employed by the government of the UNITED STATES 12 within any commission, board, council, committee, subcommittee, department, division, or office, or any other federal agency thereof, who intends or is otherwise directed to administer or exercise some form of assumed jurisdictional authority or appear in any official capacity from their respective federal agency within the interior of the exterior boundary of Stevens County, Washington, shall take and subscribe the oath of office or affirmation [See Section 1(A)(a)] and file same with the Stevens County Auditor and pay the requisite recording fee at their own expense.
11 [4 USC 72] All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law. 12 [4 USC 72] Stevens County Ordinance No. ________________ Page 4 of 6 Oath of Office Ordinance
b. The oath of office shall be filed, and fees paid, with the Stevens County Auditor as prescribed by those legislative acts that are codified RCW 65.04.015; 65.04.030(3); and RCW 36.18.010, before exercising any assumed jurisdictional authority in Stevens County.
D. Oath to be carried on individual.
a. A certified copy of the Oath of Office filed and recorded with the Stevens County Auditors office shall be carried on the individual while in the exercise of his/her duties within his/her assumed jurisdiction.
b. Additional copies of the recorded oath shall be carried on each individual so required to have an oath to make presentment and delivery of one copy to any one of the people on Stevens County making request for same, according to the peoples initiative Public Records Act codified as RCW 42.56.
E. Oath Purposes and Obligations
a. The purposes of swearing (or affirming), subscribing, and recording an Oath of Office is to instill a duty in the conscience of the individual oath taker [i.e. public servant] that he/she has a binding commitment to protect and maintain the Creator endowed unalienable rights of the sovereign people on Stevens County, on Washington state.
F. Obligations and duties of the individual oath taker.
a. Each individual oath taker is obligated to honor his or her oath of office;
i. An individual violating his/her Oath of Office shall be subject to the penalties for abrogating, violating, diminishing or otherwise infringing upon the unalienable rights of the people; and ii. Subject to suspension from duty pending investigation; and iii. Immediate discharge upon successful prosecution; and iv. Shall be fined not less than $50,000 or more than $250,000 or imprisoned not more than 10 years or both.
b. Each individual oath taker has a duty to make a report upon observation or knowledge of any other oath taker violating a right of the people. A written report shall be submitted as follows: Stevens County Ordinance No. ________________ Page 5 of 6 Oath of Office Ordinance
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i. Original written report to the Stevens County Sheriff for investigation; and ii. Copy of written report to the Stevens County Commissioners office.
c. Failure to make a report as required in (b) above shall be:
i. grounds for immediate dismissal from employment; and ii. charged as an accessory to the act; and iii. if found guilty, fined not less than $5,000 or more than $25,000 or imprisoned not more than 5 years or both.
SECTION 2. Provided that this Ordinance receives the affirmative vote of at least two members of Stevens County Commissioners, this Ordinance shall be in force and effect upon passage for the reasons set forth above and the time provision of the amnesty clause of Section 1(A)(c)(i) shall therein commence.
SECTION 3. It is found and determined that all formal actions taken by the Stevens County Commissioners relating to the adoption of this Ordinance were adopted in open meetings of the Stevens County Commissioners, and that all deliberations of this Commission were in meetings open to the public, in compliance with all legal requirements of the peoples Open Public Meetings Act [codified in RCW 42.30.]
On a motion by Mr. ________________, seconded by Mr. _______________, the foregoing Ordinance was duly enacted.
Wherefore, the County Commissioners for Stevens County, by their signatures below, do hereby enact this Ordinance to be the law in Stevens County effective this, the ____ day of _______________, 2014. ______________________________ Wes McCart, Commissioner
______________________________ Steve Parker, Commissioner (SEAL of the COMMISSIONERS) ______________________________ Don Dashiell, Commissioner First Reading : ____________________________