Johnson County board votes against Fourth Amendment workplace protections resolution

IOWA CITY — The Johnson County Board of Supervisors voted 3-2 Thursday, against a resolution that would have affirmed the county’s commitment to upholding protections outlined in the Fourth Amendment to the U.S. Constitution.

The Fourth Amendment provides protections against “unreasonable searches and seizures.”

Supervisors Lisa Green-Douglass, Rod Sullivan and Jon Green voted against the resolution, while supervisors Mandi Remington and V Fixmer-Oriaz voted in favor.

Calls for a resolution were initiated by Escucha Mi Voz, an Iowa City-based nonprofit that advocates for immigrant rights, and county staff who were seeking clear guidance on how to handle a search request from federal law enforcement.

Under the resolution, it would be county policy for employees to ask to see a search warrant before granting access to any area of a county building that’s not open to the public. The resolution also would direct employees to seek guidance from the County Attorney’s Office should questions about a warrant arise.

The county also would post signage at entrances to buildings explicitly stating that a search warrant is required for access to “non-public work areas.”

Mixed support from community

At a board work session last week the majority of the board indicated support for the resolution, though a formal vote was not taken. Since then, the board has received comments from community members opposed to the resolution who cited fear of public actions related to immigration enforcement.

The board also receives emails and public comments from residents in support of the resolution.

Sullivan said his vote against the resolution was influenced by feedback from the County Attorney’s Office that called some of the language in the resolution “legally problematic.”

“They have serious concerns about the criminal and civil liability of county employees if this passes and the proposed signs go up,” he said.

Sullivan also said his no vote was influenced by a written request from Iowa City Council member and Immigrant Welcome Network Director Mazahir Salih.

“Public advocacy, emails, and testimony do not reflect the full range of immigrant voices, particularly those who face the greatest risk,” Salih wrote in an email to the board. “Silence should not be interpreted as agreement; in many cases, it reflects fear of public records, increased visibility, and potential consequences.”

Fixmer-Oraiz said not having 100 percent of community members in support of the resolution should not stop the board from passing it.

“ … what can we do to make it safer and more welcoming is by having clarity, and that's what we do when we survive systems, these systems that are in place, those of us that survive them, are the ones that make it safer for those of us that are at risk,” said Fixmer-Oraiz.

Remington, who voted in favor of the resolution, proposed an amendment that would direct county employees to immediately contact the County Attorney’s Office if a federal officer enters a county building with a search warrant.

“ … (the resolution) means that Johnson County is doing what we can do to help ensure that we've done our part to make sure somebody's rights are being protected. We do not expect or want our employees to try to physically stop an agent that is not following federal law. We want to be able to document that we did everything on our part to ask them to wait for review and to ensure that they have legal grounds to be in there,” said Remington.

Green-Douglass said she felt the resolution echoed guidance already given to county employees and did not ensure safety. Green did not offer an explanation for his vote during the board meeting.

Comments: megan.woolard@thegazette.com

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