Fairbanks, AK City Council Resolution

Introduced by: Council Member Gilbert
Date: January 6, 2003

Resolution NO. 4036, As Amended

A RESOLUTION TO DEFEND THE BILL OF RIGHTS AND CIVIL LIBERTIES

WHEREAS, the City of Fairbanks recognizes the Constitution of the United States of America to be the supreme law of the land, which all public servants are sworn to uphold; and

WHEREAS, the City of Fairbanks has a long and proud tradition of upholding the free exercise and enjoyment of the inalienable rights granted to all persons by the Universal Declaration of Human Rights and the Constitution of the United States of America; and

WHEREAS, the City of Fairbanks greatly benefits from the many contributions of its highly diverse population, which includes citizens from around the world, and is vital to our city’s unique character; and

WHEREAS, the City of Fairbanks affirms its strong opposition to terrorism, but also affirms that any efforts to end terrorism not be waged at the expense of essential civil rights and liberties of the people of Fairbanks, the United States and the World; and

WHEREAS, the provisions of the USA Patriot Act expands the authority of the federal government to detain and investigate citizens and non-citizens and engage in the electronic surveillance of citizens and non-citizens may threaten civil rights and liberties guaranteed under the United States Constitution; and

WHEREAS, the City of Fairbanks recognizes that an infringement of the constitutionally guaranteed rights of any person, under the color of law, is an abuse of power, and a breach of the public trust, a misappropriation of public resources, a violation of civil rights and is beyond the scope of governmental authority.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRBANKS remains firmly committed to the protection of civil rights and civil liberties for all people. The City of Fairbanks will completely avoid discrimination in every function of city government, and vigorously uphold the constitutionally protected rights of all persons to peacefully protest and express their political views without any form of governmental interference.

IT IS HEREBY FURTHER RESOLVED that the City of Fairbanks joins communities across the nation in expressing concern that the USA Patriot Act threatens civil rights and liberties guaranteed under the United States Constitution.

IT IS HEREBY FURTHER RESOLVED, and is the policy of the City of Fairbanks, to forbid in the absence of probable cause of criminal activity:

1. any initiation of, participation in, assistance or cooperation with any inquiry, investigation, surveillance or detention; and

2. the recording, filing and sharing of any intelligence information concerning any person or organization, even if authorized by federal law enforcement, acting under new powers granted by the USA Patriot Act or Executive Orders. This includes collection and review of library lending and research records, as well as book and video store sales and/or rental records; and

3. the retention of intelligence information. Information that is currently held shall be thoroughly and carefully reviewed by the City Attorney or other appropriate City Official to be designated by the Mayor, for its legality and appropriateness, using the United States and Alaska Constitutions. Any information that was collected is permanently disposed of if there is no probable cause of criminal activity; and

4. enforcement of immigration matters, which are entirely the responsibility of the Immigration and Naturalization Service. No city service will be denied on the basis of citizenship; and

5. profiling based on race, ethnicity, citizenship, religion, or political values.

PASSED AND APPROVED this 6th Day of January, 2003

Steve M. Thompson, Mayor

Ayes: 5
Nayes: 0
Abstain: 0
Absent: 0

Attest: Approved As to Form:
Carol L. Colp, City Clerk Herbert P. Kuss, City Attorney