FAIRBANKS NORTH STAR BOROUGH
 
  RESOLUTION NO.2004-25

A RESOLUTION TO REAFFIRM THE PRINCIPLE OF OUR CIVIL LIBERTIES

        WHEREAS, the Fairbanks North Star Borough (FNSB) believes there is no inherent conflict between national security and the preservation of liberty and affirms its strong support of the right of Americans to be both safe and free; and
 
        WHEREAS, the FNSB recognizes the Constitution of the United States as our nation's charter of liberty and that the Bill of Rights enshrines the fundamental and inalienable rights of America, including the freedoms of speech, religion, assembly and privacy; and

       WHEREAS, the act entitled ""Uniting and Strengthening America by Providing Appropriate Tools Required To Intercept and Obstruct Terrorism"" (called ""USA PATRIOT Act"") contains several provisions that reduce freedoms guaranteed in the U.S. Constitution and the Bill of Rights, and adds to Executive Branch powers at the expense of the Legislative and Judicial Branches; and

      WHEREAS, Congress has passed additional legislation, beyond the Patriot Act and the Homeland Security Act, to curb our civil rights. HR 2417 Intelligence Authorization Act for Fiscal Year 2004, passed the Senate and House and allows: the FBI to demand records from a number of businesses, without the approval of a judge or grand jury; enhances the use of ""national security letters"" by expanding the definition of ""financial institution"" to include the US Post Office, travel agencies, car dealers, and other businesses whose ""cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters""; and
 

      WHEREAS, our citizens' rights are violated because there is a ""gag order"" provision on ""national security letters"" which prevents reporting by the FBI, Justice Department or the businesses that are required to turn over their records, to the individual or group being investigated or to attorneys or anyone else; and

     WHEREAS, the FNSB supports the National League of Cities Resolution #2004.37, a Resolution Affirming the Principles of Federalism and Civil Liberties, passed in December 2003.

     NOW, THEREFORE, BE IT RESOLVED that the Assembly of the
Fairbanks North Star Borough supports the U.S. Campaign against terrorism but affirms its commitment to the U.S. Constitution and the Alaska Constitution.

     BE IT FURTHER RESOLVE that the Assembly of the Fairbanks North Star Borough strongly urges the U.S. Congress to amend and remove those parts of the Patriot Act, the Homeland Security Act and the Intelligence Authorization Act of 2004 which abridge our nations fundamental rights and liberties.
 
     BE IT FURTHER RESOLVED that the Assembly of the Fairbanks North Star Borough supports the original sunset provision in the Patriot Act and increased Congressional oversight over the role of the agencies responsible for enforcing the law.
 
     BE IT FURTHER RESOLVED that the Assembly of the Fairbanks North Star Borough calls on Congress, the Department of Homeland Security, and other related agencies to collaborate with cities to protect our homeland while simultaneously preserving the liberties of Americans.
 

     BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the President of the United States, the U.S. Attorney General, and to each member of Congress.

     PASSED AND APPROVED THIS 25th DAY OF MARCH 2004.

Ayes: Romans, Sattley, Rex, Henry, Frank, Aldridge, Cummings, Bartos
Noes: Williams, Hutchison