Town Board debates resolution on constitutional protections

By NEAL RENTZ

The Lewisboro Town Board took up a national issue on Monday night — whether it should affirm Fourth Amendment protections and lawful policing practices when federal immigration enforcement officers are in town — but ultimately declined to vote on a resolution.

The resolution was proposed by Councilwoman Julia Hadlock, who said the proposal was not legislation and that she sought to begin a discussion on the topic. 

Her “Resolution affirming Fourth Amendment protections and lawful policing practices when Federal Immigration Enforcement is present in the Town,” stated, in part, that “the Fourth Amendment to the Constitution and Article state constitutions to protect all persons from unreasonable search and seizures and requires warrants to be supported by probable cause issued by a neutral magistrate or judge.” 

New York state law requires law enforcement to work within constitutional and statutory limits to protect the civil rights of town residents, the resolution stated. 

“The actions of U.S. Immigration and Customs Enforcement (ICE) in detaining individuals, including United States citizens, immigrants, students and tourists, without due process and in violation of their constitutional rights, present a grave threat to the foundational principles of liberty, justice and democracy in our nation …” the resolution stated. 

It said that town police should comply with the Fourth Amendment when interacting with or in the presence of federal immigration officers.

It also stated it was not authorizing local police to do independent immigration enforcement and it did not oppose lawful cooperation with federal immigration officers consistent with constitutional guidelines. In addition, the resolution stated it was not intended “to obstruct, impede or interfere with lawful federal enforcement activities.”

Councilman Dan Welsh said the Town Board could address national issues while doing its work on local issues.

“We can walk and chew gum at the same time,” he said. 

The intent of the resolution is not to criticize the town’s police department, Welsh said. 

“It is rather about all the stuff that’s going on around the nation and in our county,” he said. 

“There’s no good reason to sit back and pretend that it’s not going on,” Welsh said. “The stories that come out every day are just horrific.”

The intent of the resolution is on due process, which is not always being observed by ICE, Welsh said.

Councilman Richard Sklarin said the resolution is about when federal immigration officers are in Lewisboro, not what has occurred in other parts of the country. Parts of the resolution are directed toward the town police, he said. 

Each Town Board member is a police commissioner, responsible for overseeing the police department, Sklarin said. 

“There’s no doubt about things going on in other places,” he said. “I don’t think that anybody could seriously dispute that.” 

The question, he said, was why the Town Board would need to adopt the resolution, which is stating the local police need to uphold the law, Sklarin said. Police officers have taken an oath to uphold local, federal, and state laws, he said. 

The resolution is “undermining our confidence in our public confidence in the Lewisboro Police Department,” he said.

Hadlock said she met last week with Police Chief David Alfano to discuss issues related to the department. She is the Town Board’s liaison to the department.

“We’re going to meet regularly so I can just understand what the practices are and how I can support their needs,” Hadlock said.

Hadlock discussed the resolution with Alfano. 

“My goal is not to undermine them but to support them,” she said, adding she said the Town Board would back the town police if ICE officers came to town. “He specifically said I have no problem with this resolution, and you can share that with your board colleagues,” Hadlock said.

Alfano could not be reached for comment.

Hadlock said she supported the town police’s work to uphold the laws they have taken an oath to uphold. Passing the resolution might not be necessary, she said.

“Chief Alfano has been a big proponent of and an advocate for community policing,” Councilwoman Mary Shah said, adding that he has done “a stellar job” of protecting the community and upholding town, national and state laws.

Shah questioned if the Town Board needed to pass the resolution. 

Several people attending the meeting criticized the measure.

Glenn DeFaber asked Hadlock about her motivation. 

“Are you doing it for Lewisboro or are you doing it for yourself?” he asked. “Are you building a brand or are you working for the people of Lewisboro?”

Discussion of the latest immigration resolution “seems to be a waste of our time and our money,” DeFaber said. 

A  resolution was discussed by the Town Board five years ago about “immigration in Lewisboro, which is nonexistent,” DeFaber said. 

Hadlock wants to become town supervisor, DeFaber said. 

Former Councilwoman Andrea Rendo agreed with DeFaber’s comments about the resolution being politically motivated. The resolution was an insult to the police department, Rendo said. 

Instead of expressing her opinion on immigration enforcement, Rendo said she wanted to hear Hadlock’s thoughts on such town-related issues as where a proposed cell tower should be located and zoning for battery storage and solar power farms. 

One resident, Lateasha Stapleton, thanked Hadlock for initiating the discussion. 

“You don’t know what it’s like being black or brown,” she said. “You don’t know the feelings that we have.”

Some ICE officers “are not respecting our constitutional laws,” Stapleton said. “So therefore, please make sure that we should be more united than apart.” The resolution brings up issues that need to be addressed, she said.