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020-21 (ResoToGeneralAssemblyReMedicalMandates) BOARD OF SUPERVISORS RESOLUTION Calling Upon the General Assembly to Amend the Relevant Statutes Dealing with Mandating Medical Treatment by Establishing a Clear and Limiting Delegation of Authority to Those in the Executive Branch and in Local Government Offices to Impose Mandates WHEREAS, the Virginia Bill of Rights contains a provision Article I,§ 16 of the Constitution of Virginia that states, in part, that [no individual] "shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but all men shall be free to profess and by argument to maintain their opinions in matters of religion, and the sarne shall in nowise diminish, enlarge, or affect their civil capacities"; and WHEREAS, this constitutional protection against goveriunent's burdening of the exercise of religious convictions is self-executing, as the Supreme Court of Virginia has held, and requires no legislative implementation because it appears in the Virginia Bill of Rights; and WHEREAS, every individual enjoys the constitutional right to refuse medical treatment on the grounds that it is contrary to his or her religious belief; and WHEREAS, every individual also enjoys a constitutional right to personal integrity and bodily autonomy and to refuse inedical treatment as a function of his or her right to liberty under the Due Process Clause of the United States Constitution and the Constitution of Virginia; and WHEREAS, certain actions of government officials of the Commonwealth of Virginia and the United States that purport to impose or threaten future imposition of mandates on Virginians regarding vaccinations and the wearing of face masks unconstitutionally impinge on the constitutional rights of the people; and WHEREAS, the Board of Supervisors of Frederick County have an obligation to speak on behalf of the residents of the County when actions or threatened actions of the federal or Virginia officials would burden the constitutional rights of the people; and WHEREAS, the authority of Virginia officials in the Executive Branch to impose mandates is derived from powers delegated to them by the General Assembly and is not a power inherent in any executive office; and WHEREAS, officials to whore the General Assembly has delegated the authority to impose mandates have abused that authority by requiring those who assert religious or medical exemptions to comply with burdensome and discriminatory tests and other conditions that violate their constitutional rights; and WHEREAS, the judiciary has failed to date to vindicate the constitutional rights of the people that are or would be violated by such mandates; and WHEREAS, the governing bodies of local governments in Virginia lack the legal and practical means of directing and controlling the constitutional officers, including Commonwealth's Attorneys, Sheriffs and school boards, who are charged with enforcing such mandates; and WHEREAS,the most effective,expeditious and timely response to the unconstitutional imposition of mandates would be a repeal by the General Assembly of Virginia of the authority delegated to executive officials to impose mandates on the people; and WHEREAS, should the General Assembly decline to repeal the authority delegated to officials to impose mandates and officials who have imposed the mandates do not withdraw or appropriately revise the mandates, the people will be left with the extreme remedy of civil disobedience, which carries the risk of conviction, fine and/or imprisorunent. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Frederick County, Virginia calls upon the General Assembly to amend the relevant statutes dealing with mandating medical treatment by establishing a clear and limiting delegation of authority to those in the Executive Branch and in Iocal government offices to impose mandates, which overbroad delegation has been abused, and urges every local governing body and school board in the Commonwealth to join in this appeal to the General Assembly. ADOPTED this 22nd day of September, 2021. Charles S. DeHaven, Jr., Chainnan Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells No Blaine P. Dunn Aye David D. Stegmaier Aye Judith McCann-Slaughter Aye Mary Beth Price Interim Clerk, Board of Supervisors County of Frederick, Virginia Res. No. 020-21 Boardol'Sunervisors ��s.�.os.0 County Administrator Xarin M. Carmack, Chair �� � NedSmither Michae('W. Byerly,"Vice Chair o� Davids-WiCCiams +' Thomas E. Berry Bia'L. Cox + IM �y �y67 g g 70l,, _'.. r.-R a 'N 'Ihe County of rM 41� FcedenG Yo4uniCU Cd Powhatan ,� Abm�Q`S `?SZtiZEZZZ��� September 1, 2021 --- Chairman of the Frederick County Board of Supervisors 107 N. Kent Street. Winchester, VA 22601 Honorable Chair, On August 23, 2021, by a 3-2 vote,the Powhatan County Board of Supervisors adopted the attached resolution which calls upon the Virginia General Assembly to amend the relevant statutes dealing with mandating medical treatment, and the delegation of that authority to the Executive Branch. The Powhatan Board of Supervisors request that this, or a similar resolution, be adopted by the Counties, Cities and Towns of the Commonwealth and to call on your elected representatives to convene a special session of the Virginia General Assembly to consider these issues. I have attached a copy of the adopted resolution for your review. Respectfully, Holly Tole Deputy Clerk,Board of Supervisors 3834 OCdBuckingham Road• Powhatan,177 23139 www..yowhatanva.gov August 31, 2021 r 3 RESOLUTION R-2021-39 WHEREAS,the Virginia Bill of Rights contains a provision Article I, § 16 of the Constitution of Virginia that states, in part,that [no individual] "shall be enforced, restrained,molested, or burthened in his body or goods,nor shall otherwise suffer on account of his religious opinions or belief; but all men shall be free to profess and by argument to maintain their opinions in matters of religion, and the same shall in nowise diminish, enlarge, or affect their civil capacities"; WHEREAS,this constitutional protection against government's burdening of the exercise of religious convictions is self-executing, as the Supreme Court of Virginia has held, and requires no legislative implementation because it appears in the Virginia Bill of Rights; WHEREAS, every individual enjoys the constitutional right to refuse medical treatment on the grounds that it is contrary to his or her religious belief; WHEREAS, every individual also enjoys a constitutional right to personal integrity and bodily autonomy and to refuse medical treatment as a function of his or her right to liberty under the Due Process Clause of the United States Constitution and the Constitution of Virginia; WHEREAS, certain actions of government officials of the Commonwealth of Virginia and the United States that purport to impose or threaten future imposition of mandates on Virginians August 31, 2021 r"x regarding vaccinations and the wearing of face masks unconstitutionally impinge on the constitutional rights of the people; WHEREAS,the Board of Supervisors of Powhatan County have an obligation to speak on behalf of the residents of the County when actions or threatened actions of the federal or Virginia officials would burden the constitutional rights of the people; WHEREAS, the authority of Virginia officials in the Executive Branch to impose mandates is derived from powers delegated to them by the General Assembly and is not a power inherent in any executive office; WHEREAS, officials to whom the General Assembly has delegated the authority to impose mandates have abused that authority by requiring those who assert religious or medical exemptions to comply with burdensome and discriminatory tests and other conditions that violate their constitutional rights; WHEREAS, the judiciary has failed to date to vindicate the constitutional rights of the people that are or would be violated by such mandates; WHEREAS,the governing bodies of local governments in Virginia lack the legal and practical means of directing and controlling the constitutional officers, including Commonwealth's Attorneys, Sheriffs and school boards,who are charged with enforcing such mandates; s August 31, 2021 s' WHEREAS,the most effective, expeditious and timely response to the unconstitutional imposition of mandates would be a repeal by the General Assembly of Virginia of the authority delegated to executive officials to impose mandates on the people; and WHEREAS, should the General Assembly decline to repeal the authority delegated to officials to impose mandates and officials who have imposed the mandates do not withdraw or appropriately revise the mandates,the people will be left with the extreme remedy of civil disobedience, which carries the risk of conviction, fine and/or imprisonment; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Powhatan County, Virginia calls upon the General Assembly to amend the relevant statutes dealing with mandating medical treatment by establishing a clear and limiting delegation of authority to those in the Executive Branch and in local government offices to impose mandates, which overbroad delegation has been abused, and urges every local governing body and school board in the Commonwealth to join in this appeal to the General Assembly. Cereitied Copy Deputy Cdo& o the board of Supervisors ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON AUGUST 23, 2021 Zil- .August 31, 2021 a ; -n ATTEST: 1lFed Smither,Clerk a nn armac air Powhatan County Board of Supervisors Powhatan County Board of Supervisors Recorded Vote: David T. Williams AYE Thomas E. Berry AYE Bill L. Cox AYE Michael W. Byerly, Vice Chair NO Karin M. Carmack, Chair NO