A RESOLUTION RELATING TO THE USA PATRIOT ACT
(PUBLIC LAW 107-56), THE BILL OF RIGHTS, THE
CONSTITUTION OF THE STATE OF NEVADA AND THE CIVIL
LIBERTIES, PEACE AND SECURITY OF THE CITIZENS OF
OUR COUNTRY AND THE WORLD
BE IT RESOLVED BY THE COUNTY OF ELKO:
WHEREAS, the County of Elko recognizes the Constitution of the United States as the governing law of the land and the Bill of Rights as guaranteeing inalienable rights of Americans, including the freedoms of religion, speech, the press, assembly, privacy, and petitioning the Government for redress of grievances; and
WHEREAS, each of the County's duly elected public servants has sworn to defend and uphold the United States Constitution and the Constitution of the State of Nevada; and
WHEREAS, the County of Elko denounces and condemns all acts of terrorism, wherever occurring; and
WHEREAS, any new security measures resulting from the attacks against the United States that occurred on September 11, 2001 should be carefully designed and employed by federal, state and local governments to enhance public safety without infringing on the civil liberties and rights of innocent citizens of the County of Elko, the nation, or the world; and
WHEREAS, certain provisions of the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001", also known as the USA PATRIOT Act, as well as several executive orders, allow the federal government to conduct surveillance on and detain citizens of the County of Elko, the nation, and the world; and
WHEREAS, further provisions contained in the draft legislation entitled the "Domestic Security Enhancement Act of 2003", also known as Patriot Act II, and the draft legislation entitled the "Vital Interdiction of Criminal Terrorist Organizations Act of 2003 also known as the VICTORY Act, contain a multitude of new and sweeping extra-constitutional law enforcement and intelligence gathering powers.
NOW, THEREFORE, BE IT RESOLVED that the County of Elko affirms its strong opposition to terrorism, but also affirms that any efforts to end terrorism not be waged at the expense of the fundamental civil liberties, rights, and freedoms of the people of the County of Elko, the United States, or the world;
BE IT FURTHER RESOLVED that it is the policy of the County of Elko to oppose any portion of the USA PATRIOT Act that would violate the rights and liberties guaranteed equally under state and federal constitutions; and
BE IT FURTHER RESOLVED that, in accordance with the state and federal constitutions, the County of Elko is opposed to actions which violate due process [Fifth Article of Bill of Rights] and right to privacy [Fourth Article of Bill of Rights] without probable cause;
BE IT FURTHER RESOLVED that the County of Elko is opposed to the collection or maintenance of information about the political, religious, or social views, association, or activities of any individual, unless the information directly relates to an investigation of criminal activities based on probable cause, not mere suspicion of criminal conduct; and
BE IT FURTHER RESOLVED that the County of Elko implores the United States Congress to repeal any provision of the USA PATRIOT Act or other measures that infringe on civil liberties, and opposes any pending and future legislation that similarly infringe on civil rights and liberties.
PROPOSED by Commissioner Warren Russell
SECONDED by Commissioner Sheri Eklund-Brown
PASSED and ADOPTED this 18th day of February, 2004.