Douglas County, Oregon Resolution relating to Recordation of Federal Notices of Tax Lien!

IN THE MATTER OF REVISING THE WAY
THE COUNTY OF DOUGLAS FILES
NOTICE OF  FEDERAL TAX LIENS                                         RESOLUTION
AND FEDERAL TAX LIENS TO PROTECT
THE RIGHTS AND PROPERTY OF THE
CITIZENS OF THE COUNTY OF DOUGLAS

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, U.S. Constitution, and;

WHEREAS, the current practice of filing these NOFTL has caused the Citizens of the County of Douglas irrevocable and irreparable damage to their persons and property, and;

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 IRS identification card and pocket commission containing a color photograph of the officer of which a copy shall be taken thereof and filed in the County of Douglas records with the NOFTL or bona fide Federal Tax Lien , and;

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 IRS form 4340 with a valid Office of Budget and Management (OMB) number, signed and dated by the Assessment Officer must accompany every certified NOFTL or bona fide Federal Tax Lien, and;

6. That all forms/papers/documents from the IRS MUST display a valid Office of Budget and Management (OMB) number, and such number shall be verified by County of Douglas Recorder of Conveyance, through the Office of Budget and Management.

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 ALL the above listed verification, documentation, certification, as prescribed by law, shall be stamped RETURNED FOR CAUSE - FRAUD and marked only with the time/date stamp, and then copied.  The copy shall be placed in an appropriate sub index file in the County of Douglas Recorder of Conveyance Lien Index titled NON-NEGOTIABLE NOTICE OF FEDERAL TAX LIEN INDEX and the original thereof returned to the IRS.

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 COUNTY COMMISSIONERS OF

County of Douglas