BOARD OF
IN THE MATTER OF REVISING THE WAY ]
THE
NOTICE OF FEDERAL TAX LIENS ] RESOLUTION
THE RIGHTS
CITIZENS OF THE
WHEREAS, the current practice of filing
Notice of Federal Tax Liens, herein after known as NOFTL, violates the
Constitutionally protected Due Process rights of the Citizens of the
County of Douglas, and;
WHEREAS, the current practice of
filing NOFTL violates the Citizens right to be secure in their persons,
houses, papers and effects, from unreasonable search and seizure arising under
Article 1 section 8, Oregon Constitution and Article IV, US Constitution, and;
WHEREAS, the current practice of
filing these NOFTL has caused the Citizens of the
WHEREAS, the Citizens of
the County of Douglas created and formed the Board of Commissioners of the
County of Douglas; who swore an oath to protect and uphold the Constitution of
the United States and the Constitution of the State of Oregon; for the express
purpose of having said Board defend and protect the Citizens of the
County of Douglas from enemies both foreign and domestic, and;
WHEREAS, it has always been this
Board of Commissioners obligation and duty to defend and protect the private
property rights of the Citizens it was created to serve, and;
WHEREAS, the evidence presented
to this Commission by the Oregon Lawmen ad hoc Steering Committee is
overwhelming and compelling as to the proper way to file these NOFTL and bona
fide Federal Tax Liens,
THEREFORE, we the County of
Douglas Board of Commissioners do hereby resolve and do hereby enact the
following process and procedure to be followed and adhered to for the recording
of NOFTL and bona fide Federal Tax Liens, to be followed from this day forward;
1. Every bona fide NOFTL or
Federal Tax Lien must include a complete copy of IRC section 6331 including
section 6331(a), showing scope and
limitation of authority regarding IRC 6331, in a print font not smaller
than 8 point, and;
2. Every NOFTL and bona fide
Federal Tax Lien received by the County of Douglas Recorder of Conveyance or any
and every other official of this county, elected or appointed to carry out this
duty, shall, from this day forward:
a. Verify that the appropriate documentation, certification, verification, and sworn affidavit be personally signed in front of the County of Douglas Recorder of Conveyance, by the Internal Revenue Special Agent, Criminal Investigator Enforcement Officer or Revenue Recovery Officer, under penalty of perjury, as being true, correct, certain, and complete and;
b. Ensure that the foregoing authentication, as set forth in subsection 1.a above, shall accompany every NOFTL or bona fide Federal Tax Lien, before the filing or recording thereof in the County of Douglas records, and;
c. Ensure that the foregoing authentication, as set forth in subsection 1.a above, shall accompany each and every NOFTL or bona fide Federal Tax Lien, before placing thereon the County of Douglas Recorder of Conveyance seal/stamp on said NOFTL or bona fide Federal Tax Lien, and;
3.
That any Internal Revenue Special Agent, Criminal Investigator, Revenue
Recovery Officer or Enforcement Officer, who shall
present to the County of Douglas Recorder of Conveyance or any other official
of this county, elected or appointed to carry out this duty, a NOFTL or bona fide Federal Tax Lien shall
be hand delivered thereto and be accompanied by:
d.
A positive
e. A thumb print of the right hand of the Internal Revenue Special Agent, Criminal Investigator, Enforcement Officer or Recovery Revenue Officer, and;
f.
Written proof of Delegation of Authority from
the Secretary of the Treasury of the United States ONLY to
the Internal Revenue Special Agent, Criminal Investigator, Enforcement Officer
or Recovery Revenue Officer from the, and;
g.
The work and personal residence address of the
Internal Revenue Special Agent, Criminal Investigator Enforcement Officer or
Recovery Revenue Officer (in the event service upon said
officer is needed), and;
h. The
Internal Revenue Special Agent, Criminal
Investigator, Enforcement Officer or Recovery Revenue Officer to ensure that
he/she is not attempting to extort for personal gain, shall submit to a drug
test which shall be administered by a competent medical laboratory facility,
and a personal credit check, to be paid for by the Internal Revenue Special
Agent, Criminal Investigator, Enforcement Officer or Recovery Revenue Officer,
and;
4. Proof of Certification of
NOFTL or bona fide Federal Tax Lien per ORS 87.811, and;
5. Form 23C Assessment
Certificate-Summary Record of Assessment and a
6. That all
forms/papers/documents from the
THEREFORE, when, and only when
all of the foregoing has been supplied, verified and accounted for, then and
only then shall the above listed information, documentation, certification
shall entitle the NOFTL or bona fide Federal Tax Lien to be date/time stamped
and have the County of Douglas Recorder of Conveyance official seal/stamp
affixed thereto and the said documents then be recorded in the appropriate
permanent alphabetical Lien Index file, to be located in the County Recorder of
Conveyance Lien Index, as per ORS 87.811.
THEREFORE, HEREINAFTER, NO NOFTL or bona fide Federal Tax
Lien shall be electronically transmitted to the County of Douglas Recorder of
Conveyance, and all NOFTL or bona fide Federal Tax Lien being hand delivered
for filing and/or recordation that do not comply with and are not accompanied
by
BE IT RESOLVED: That from this
day forward the foregoing is the process that shall be followed and implemented
upon signing by the commissioners; ordained by this Board of Commissions of the
County of Douglas, State of Oregon, who have sworn an Oath to uphold the
Constitution of the United States and the Constitution of the State of Oregon,
to serve and protect the rights and property of the Citizens of the
County of Douglas.
DEFINITIONS for this
ORDINANCE:
authentication: the act of proving that something (as a document) is true or
genuine, esp. so that it may be admitted as evidence; the condition as being so
proved.
bona
fide: authentic and genuine in
nature, without any intention to deceive.
Certificate: a document in which a fact is formally attested.
certification: the act of attesting. The state of having been attested.
Citizen: A person entitled to all of the protections as
set forth and delineated as being applicable to the People of the United
States, in the First Ten Amendments of the Constitution of the United States of
America, not withstanding the debilitating provisions of the Fourteenth
Amendment; and likewise are entitled to the protective provisions set forth in
the Constitution of the State of Oregon.
For the purpose of this Ordinance - the word AC/citizen@
and the word AP/people@ are declared to be synonymous and equal in
every respect.
conveyance: the voluntary transfer of a right or property.
lien: the legal right or interest that a creditor
has in another=s property, lasting usually until a debt or duty
that it secures is satisfied.
oath: a solemn declaration, accompanied by a
swearing to God or a revered person or thing, that one=s
statement is true or that one will be bound to a promise.
seal: an impression or sign that has legal
consequence when applied to an instrument or document.
service:
formal delivery of a writ, summons or other legal process. Process of service.
status: standing; state or condition; social
position. The legal relation of
individuals to the rest of the community, the rights, duties, capacities, and
incapacities which determine a person to a given class. A legal personal relationship, not temporary
in its nature nor terminable at the mere will of the parties, with which third
persons and the state are concerned.
verification: confirmation of correctness, truth, or
authenticity, by affidavit, oath, or deposition to assure good faith averments
or statements of the party.
Dated this ______day
of ____________2007
BOARD OF
Chair:_________________________________
Comm:_________________________________
Comm:_________________________________