Open Letter To Dekalb City Officials

On the evening of May 6th, Dekalbs newly elected city officials took the oath of office to support and defend the United States Constitution. I think most people will agree that protecting our citizens rights is a top priority. As many of you know, certain local city officials have expressed their enthusiasm for issues that have the potential to infringe on our citizens constitutional rights. The recently enacted housing ordinance and towing ordinance are two examples where our citizens rights have been called into question. Federal, state, and local legislators(aldermen/council members), executive officers(police), and judges are bound by oath or affirmation to support the United States Constitution under Article VI, Clause 3. I, (public official), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. [So help me God.] This is a standard oath taken by public officials and is currently a spoken or oral oath. Unfortunately, a spoken oath is meaningless in a legal sense to protect our citizens rights, and only a written oath is enforceable by law. Contract (n) An agreement between two or more parties, especially one that is written and enforceable by law. Furthermore, there are no specific consequences for violating the oath as you can see from the text of the oath above. So in the event of a violation, additional text would be needed to have immediate recall power and remove the offending city official from office. The additional text could read similar to the following. I, (public official), agree to abide by the rules listed here and support our citizens constitutional rights, or be subject to immediate termination waiving any right to court proceedings or appeal. Again, in the case of a violation, all we really want is to remove the public official from office. City council has the authority to enact such a provision, where a majority vote from the council would indicate the need to remove the offending city official if a violation occurs. Here is a link for those who would like to review their constitutional rights. http://en.wikipedia.org/wiki/List_of_amendments_to_the_United_States_Constitution In section 2.03 of the Dekalb Municipal Code, Filling Aldermen Vacancies, you will find of list of reasons for the need to fill aldermen vacancies including conviction of a disqualifying crime. The list of disqualifying crimes are not currently enumerated in the code. In order to preserve the original intent of the oath of office, we will need to add violation of the oath to this list. Additionally, we need to touch on the subject of the individual citizens right to waive their constitutional rights. A plea bargain is probably the most common instance of an individual waiving their right to a trial by judge or jury. This is a voluntary act by the individual with informed consent as to the consequences of

their plea. On the contrary, some of the local issues currently under debate are not being presented as voluntary or with fully informed consent. In the case of Brady v. U.S., the court ruled, Waivers of constitutional rights not only must be voluntary but must be knowing, intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences. Brady v. U. S. , 397 U.S. 742 This text, or similar additional text, will also need to be added to the written oath. If you agree that protecting the legal rights of our citizens is a top priority, I would urge you to contact your alderman and ask for their support by requiring a written oath for all city officials. The issue here is very straightforward, and I cant see why any city official would be willing to speak the oral oath, but object to signing the identical oath in written form. The written oath should be required for all city officials retroactively after agreement on the issue has been reached. Again, all we are attempting to do here is clarify and preserve the original intent of the oath of office. In the current environment of bribe & gag & manipulate politics, I think many will agree that it is important we require a written and enforceable oath of office for all elected and appointed officials. To contact your city council members http://cityofdekalb.com/CityCouncil.htm