HomeMy WebLinkAboutItem 8.6 SaveOurRightsCoalition CITY CLERK
File# 0520-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 15, 2003
SUBJECT: Request from Save Our Rights Coalition of the Th-Valley for City
Council consideration of a Resolution to "Defend Our Constitutional
Civil Rights and Liberties"
Report Prepared by Richard C. Ambrose, City Manager
ATTACHMENTS: Resolution (As proposed by Save our Rights Coalition)
RECOMMENDATION:'~' -'r~,$:'{¢~7 DiScuss and provide staff with appropriate
direction
FINANCIAL STATEMENT: None
DESCRIPTION: At the April 1, 2003 City Council meeting, the City received
requests from Mary Beth Acuff and Stephanie Ericson requesting that the City Council place on a future
Council agenda a Resolution prepared by the Save Our Rights Coalition of the Tri- Valley.
Among other things, the Resolution requests the Council to support repeal of the USA Patriot Act,
support passage of the Freedom to Read Protection Act of 2003 and to oppose introduction of the
Domestic Security Enhancement Act of 2003.
The Council requested Staff to place this item on a future Council agenda for Council discussion.
Staffhas not had an opportunity to research or obtain copies of the information referred to in the
Resolution proposed by the Save Our Right Coalition.
RECOMMENDATION:
Discuss and provide Staff with appropriate direction.
COPIES TO:
ITEM NO.
G:\CC-MTGS\2003-qtr2L4pr\4-15-03XAS-Patriot Act.doc /~b /
Resolution of the City Council of the City of Dublin
To Defend Our Constitutional Civil Rights and Liberties.
WHEREAS:
A. The City of Dublin is proud of its commitment to protect the civil fights and liberties
of its residents established by the U.S. Constitution (including the Bill of Rights and
other Amendments) and believes that the preservation of civil rights and liberties is
essential to the well-being of a democratic society;
B. Public officers and employees of the City of Dublin, including the Mayor and other
members of its City Council, take an oath or affirmation to "support and defend" the
U. S. Constitution "against all enemies, foreign and domestic" and to "bear true faith
and allegiance" to the U.S. Constitution;
C. The City of Dublin believes that there is no inherent conflict between national
security and the preservation of liberty and that government can protect public safety
without curtailing civil fights and liberties;
D. New federal anti-terrorism policies pose a threat to the civil rights and liberties of all
persons with the City of Dublin, and a particular threat to those who are immigrants,
Muslims, or people of Arab or South Asian descent;
E. The Bill of Rights (the first ten Amendments to the U.S. Constitution) and other
Amendments secure the following civil rights and liberties to the people:
1. The First Amendment specifies that no law be made "respecting an
establishment of religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the government for a redress of grievances";
2. The Fourth Amendment declares that "the right of the people to be secure in
their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated; and no warrants shall issue, but upon probable
cause, supported by oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized"; .
3. The Fifth Amendment states that no person "shall be compelled in any
criminal case to be a witness against himself, nor be deprived of life, liberty,
or property, without due process of law";
4. The Sixth Amendment guarantees defendants "the right to a speedy and
public trial, by an impartial jury and to be informed of the nature and cause
of the accusation; to be confronted with the witness against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
assistance of counsel for his defense";
5. The Eighth Amendment states that "excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments inflicted";
6. The Fourteenth Amendment prohibits the government from denying "to
any person within its jurisdiction the equal protection of the laws";
ATTACHMENT 1
F. Federal policies adopted since September 11, 2001, including provisions of the USA
PATRIOT Act (Public Law 107-56) and related executive orders, regulations and
actions threaten fundamental civil rights and liberties guaranteed by the U.S.
Constitution by doing the following:
1. Authorizing the indefinite incarceration or deportation of noncitizens even if
they have not committed a crime (USA PATRIOT Act, Sections 411 and
412);
2. Limiting judicial supervision and civil liberties protections in the application
of telephone and internet surveillance (USA PATRIOT Act, Section 216);
3. Expanding the authority of federal agents to conduct secret searches so that
the subject of a search warrant is unaware that the property has been searched
(USA PATRIOT Act, Section 213);
4. Granting law enforcement and intelligence agencies broad access to sensitive
medical, mental health, library, business, financial, educational, and other
records about individuals without requiring that such agencies first show
probable cause or evidence of a crime (USA PATRIOT Act, Sections 215,
218, 219, 358,507, and 508);
5. Limiting constitutionally protected speech through unchecked authority of the
Attorney General and the Secretary of State to designate domestic groups as
"terrorist organizations" using excessively broad definitions of "terrorism"
(UsA PATRIOT Act, Section 411);
6. Authorizing the FBI to conduct surveillance of religious services, internet
chatrooms, political demonstrations, and other public meetings without
evidence that a crime has been or may be committed (Attorney General' s
guidelines and procedures relating to criminal investigations and national
security, issued May 30, 2002);
7. Limiting the disclosure of public documents and records under the Freedom
of Information Act ("Memorandum for Heads of all Federal Departments and
Agencies," Attorney General John Ashcroft, Oct. 12 2001);
G. As of March 18, 2003, 73 cities, towns, and counties have passed resolutions to
protect the civil liberties of their residents;
H. Legislation may soon be introduced into the Congress further diminishing civil rights
and liberties, namely the draft Domestic Security Enhancement Act of 2003, also
called "Patriot Act II";
I. Legislation has been introduced into the U.S. House of Representatives to exempt
bookstores and libraries from Section 215 of the USA PATRIOT Act, namely the
Freedom to Read Protection Act of 2003 (H.R. 1157. IH);
NOW THEREFORE BE IT RESOLVED:
1. That the City of Dublin affirms its strong opposition to terrorism, but also affirms that
any efforts to end terrorism should not be waged at the expense of the fundamental civil
rights and liberties of the people of Dublin and of the United States;
2. That, to the extent possible, no City employee or department shall officially assist in
or voluntarily cooperate with investigations or arrest procedures, public or clandestine,
that are in violation of individuals' civil rights or liberties as specified by the U.S.
Constitution;
3. That the Dublin City Council calls on all private citizens and organizations, including
residents, employers, educators and business owners to demonstrate similar respect for
civil rights and liberties, especially but not limited to cooperation with investigations and
conditions of employment;
4. That the City of Dublin calls on our United States Senators and Representatives to
monitor the implementation of the USA PATRIOT Act and Executive Orders and to
actively work for the repeal of the Act and of those Orders that violate fundamental rights
and liberties enumerated in the U.S. Constitution;
5. That the City of Dublin calls on our United States Senators and Representatives to
support passage of Freedom to Read Protection Act of 2003;
6. That the City of Dublin calls on our United States Senators and Representatives to
discourage introduction of legislation further diminishing civil rights and liberties,
particularly but not limited to the draft "Domestic Security Enhancement Act of 2003";
7. That copies of this resolution be sent to the President of the United States, to our
elected Federal representatives, the Governor of California, and the United Nations High
Commissioner for Human Rights in Geneva, Switzerland.
Draft 4, Save our Rights Coalition of the Tri-Valley, March 31, 2003
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