RESOLUTION 2003-29
A RESOLUTION OF THE TOWN OF LOS GATOS RELATING TO THE USA PATRIOT ACT AND THE PROTECTION OF CIVIL RIGHTS AND LIBERTIES OF LOS GATANS
WHEREAS, the Town of Los Gatos is a diverse community composed of persons of different ancestries, races, ethnic or national origins, colors, ages, genders, sexual orientations, religions, physical and mental capabilities, economic circumstances and political backgrounds and views;
WHEREAS, all members of this community are governed by and enjoy certain fundamental rights granted under the United States Constitution, including the Bill of Rights, and the California State Constitution;
WHEREAS, these fundamental rights are threatened whenever law enforcement actions are based on extreme interpretations of laws that were ultimately intended for the limited purpose of protecting these fundamental rights;
WHEREAS, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act) was signed into law on October 26, 2001 with the stated purpose to enable law enforcement officials to track down and punish those responsible for the September 11, 2001 attacks on the World Trade Center in New York City and to protect against any similar attacks;
WHEREAS, given the length and breadth of such acts, concerns have been raised that their language and that of Executive Orders interpreting such acts, might result in overzealous enforcement of its provisions in derogation of the fundamental rights of all Americans, including the members of this community;
WHEREAS, the Town of Los Gatos adheres to the principle that no law enforcement agency, or any other city agency, may profile or discriminate against any person solely on the basis of ancestry, race, ethnic or national origin, color, age, sexual orientation, gender, physical or mental disability, or religion, political views, economic circumstances;
WHEREAS, the Town of Los Gatos wants to recognize the commitment it has to uphold the legal and human rights of its residents;
WHEREAS, other communities around the country have passed similar resolutions reinforcing local efforts to support and defend the legal and human rights of their residents;
NOW, THEREFORE, BE IT RESOLVED by the governing body of the Town of Los
Gatos that it has been, and remains, firmly committed to the protection of civil rights and civil liberties for all of its residents, to the equal treatment of all its residents, regardless of their ancestry, race, ethnic or national origin, color, age, gender, sexual orientation, religion, physical and mental capability, economic circumstance, political background or views, and affirms its commitment to embody democracy and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and the California State Constitution;
BE IT FURTHER RESOLVED that local law enforcement continue to preserve and uphold residents freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested to do otherwise and infringe upon such rights by federal or state law enforcement agencies acting under new powers created by the USA Patriot Act or by Executive Order;
BE IT FURTHER RESOLVED that our Federal legislative delegation is petitioned to actively monitor the implementation of the USA Patriot Act, any new legislation, or related Executive Orders, and actively work for the repeal of those portions that violate the guaranteed civil liberties enumerated in the Bill of Rights.
BE IT FURTHER RESOLVED that upon passage, the Town Clerk shall deliver this Resolution to all federal and state law enforcement agencies, the Governor's office, and to the California federal legislative delegation.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 17 day of March, 2003, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzinski, Mike Wasserman, Mayor Sandy Decker
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Sandy Decker
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA