Community Resolution for Santa Clara, CA

RESOLUTION NO. 7117

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, TO UPHOLD THE CONSTITUTION AND CIVIL LIBERTIES BE IT RESOLVED BY TILE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AS FOLLOWS:

WHEREAS, the City of Santa Clara has a long-standing tradition of protecting the civil liberties of its residents; and, WHEREAS, the City of Santa Clara has a diverse population whose contributions to the community are vital to its character and function and,

WHEREAS, the adoption of the USA Patriot Act (93Patriot Act94) following the terrorist attacks of September 11, 2001, affects constitutional rights and liberties, including, but not limited to the following: Freedom of speech; right to privacy; protection from unreasonable searches and seizures; right to legal counsel and due process in judicial proceedings; right to equal protection; and, WHEREAS, the powers granted under the Patriot Act potentially impact the civil liberties of the residents of the City of Santa Clara; and,

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AS FOLLOWS:

1. That the City of Santa Clara affirms its strong support of the constitutional rights for all persons.

2. That the City of Santa Clara opposes any legislation that unlawfully interferes with the civil liberties of any persons.
 
3. That the City of Santa Clara supports legislation to modify any provisions of the Patriot Act that may interfere with civil liberties.

4. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The City Council of the City of Santa Clara hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 23rd DAY OF MARCH, 2004, BY THE FOLLOWING VOTE:

AYES:  
COUNCILORS: Caserta, Diridon, McLemore, Pane and  Mayor Mahan

NOES:
COUNCILORS: Koistad and Matthews

ABSENT:
COUNCILORS: None

ABSTAINED:
COUNCILORS: None

ATTEST:
J.E.BOCCIGONE
CITY CLERK
CITY OF SANTA CLARA