El Cerrito, CA City Council Resolution

Resolution 2003-25

A RESOLUTION OF THE EL CERRITO CITY COUNCIL IN SUPPORT OF THE UNITED STATES CONSTITUTION AND THE BILL OF RIGHTS IN RESPONSE TO THE USA PATRIOT ACT

WHEREAS, the City of El Cerrito houses a diverse population, including citizens of other nations, whose contributions to the community are vital to its character and function; and

WHEREAS, the United States Constitution and the Bill of Rights guarantee to all persons living in the United States these fundamental rights: freedom of religion, speech, and assembly; protection from unreasonable searches and seizures; due process and equal protection to any person; equality before the law and presumption of innocence; access to counsel in judicial proceedings; and a fair, speedy, and public trial; and 

WHEREAS, a great crime against humanity occurred on September 11, 2001, resulting in new federal laws and enforcement powers, including the USA PATRIOT Act signed by George W. Bush on October 26, 2001; and 

WHEREAS, the USA PATRIOT Act has a number of provisions that undermine the above mentioned Constitutional rights and fundamentally alter the nature of our civil liberties; and 

WHEREAS, examples of the provisions in the USA PATRIOT Act and related Executive Orders that may violate our constitution and the rights and civil liberties of El Cerrito residents include:

• Significant expansion of the government's ability to access sensitive medical, mental health, financial and educational records about individuals; 
• Lowering the burden of proof required to conduct secret searches and telephone and Internet surveillance; 
• Expanding law enforcement's authority to obtain library records and prohibits librarians from informing patrons of monitoring or information requests; 
• Limiting disclosure of public documents and records under the Freedom of Information Act and; 
• Granting the U.S. Attorney General and the Secretary of State the power to designate domestic groups, including religious and political organizations, as ""terrorist organizations""; 
• Granting the U.S. Attorney General the power to subject citizens of other nations to indefinite detention or deportation even if they have not committed a crime; 
• Authorizing the eavesdropping of communication between lawyers and their clients in federal custody; and 

WHEREAS, Department of Justice interpretations of the USA PATRIOT Act and these Executive Orders particularly target Muslims, people of Middle Eastern and South Asian descent and citizens of other nations, thereby encouraging racial profiling by law enforcement agencies and hate crimes by individuals in our community, and 

WHEREAS, Oakland, Berkeley, Richmond, and over 50 other cities across the country have already passed resolutions opposing the USA PATRIOT

NOW THEREFORE BE IT RESOLVED that the City Council of the City of El Cerrito hereby 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 rights and liberties of the people El Cerrito and the United States.

BE IT FURTHER RESOLVED that, to the extent legally possible, no City employee or department shall officially assist or voluntarily cooperate with investigations, interrogations or arrest procedures, public or clandestine, that are in violation of individuals civil rights or civil liberties as specified by the US Constitution and the Bill of Rights

BE IT FURTHER RESOLVED that the El Cerrito City Council calls upon all private citizens and organizations, including residents, employers, educators and business owners to demonstrate similar respect for civil rights and civil liberties, especially but not limited to cooperation with investigations and conditions of employment.

BE IT FURTHER RESOLVED that the City of El Cerrito calls on our United States Senators and Representative to monitor the implementation of the PATRIOT Act and Orders and actively work for the repeal of the provisions of the Act and those Orders that violate fundamental rights and liberties as stated in the U.S. Constitution and the Bill of Rights.

BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of the United States, elected Federal representatives, the Governor of California, and the United Nations High Commissioner for Human Rights in Geneva, Switzerland.

I CERTIFY that at a regular meeting on March 17, 2003 the City Council of the City of El Cerrito passed this resolution by the following vote:

AYES:  COUNCILMEMBERS: Abelson, Potter, Friedman
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Brusatori, Moore

IN WITNESS, of this action, I sign this document and affix the corporate seal of the City of El Cerrito on March 17, 2003.

                                                             /s/Linda M. Giddings
                                                             Linda M. Giddings, City Clerk

APPROVED:
/s/Mark Friedman
Mark Friedman, Mayor