BOARD OF SUPERVISORS, COUNTY OF LAKE, STATE OF CALIFORNIA

RESOLUTION NO. 2003-129

RESOLUTION PROTECTING AND DEFENDING THE BILL OF RIGHTS
AND CONSTITUTION OF THE UNITED STATES OF AMERICA

WHEREAS, the County of Lake recognizes the Constitution of the United States of America to be the supreme law of the land, which all public servants are sworn to uphold and which supercedes all administrative rules, local ordinances, state statutes, Federal laws, Treaties and Executive Orders; and

 WHEREAS, the County of Lake has a long and proud tradition of upholding the free exercise and enjoyment of the inalienable rights guaranteed to all natural persons by the Declaration of Independence, the Constitution of the United States of America, and the Bill of Rights; and

 WHEREAS, in November 1974, California voters overwhelmingly amended the State Constitution to guarantee a right to privacy; and

 WHEREAS, the County of Lake affirms its strong opposition to terrorism and affirms that any efforts to end terrorism must not waged at the expense of our constitutionally guaranteed civil and human rights; and

 WHEREAS any new security measures of federal, state, and local governments should be carefully designed and employed to enhance public safety without infringing on the civil liberties and rights of innocent citizens of the County of Lake and the nation; and

 WHEREAS, with gratitude for the supreme sacrifices of those who have fought and died in the armed forces of the United States in order to protect our cherished rights and liberties, we, the people of Lake County, likewise stand firm in honoring and preserving those rights and liberties; and

WHEREAS, provisions of the USA PATRIOT Act, the Homeland Security Act, and certain Federal Executive Orders and Edicts of the Attorney General threaten constitutional rights of the residents of the United States and of Lake County in that they may infringe upon the right of the people:

· not to be detained or investigated without probable cause,
· not to be deprived of liberty without due process, to be secure in their homes, papers and effects from unreasonable searches and seizures,
· to seek redress of grievances,
· to free speech,
· to a speedy and public trial,
· to confidential assistance of counsel for defense,
· to free association and assembly,
· to privacy,
· to other civil liberties guaranteed under the Constitution of the United States and California; and

WHEREAS, the County of Lake recognizes that such infringements on the constitutionally guaranteed rights of any natural person under color of law are a breach of the public trust, an abuse of power, and a misappropriation of public funds.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of the County of Lake affirms its commitment to defend and uphold the rights and liberties guaranteed by the Constitutions of the United States and California; and

 BE IT FURTHER RESOLVED that it is the policy of the County of Lake to oppose any portion of the USA PATRIOT Act that would violate the rights and liberties guaranteed equally under the state and federal constitutions; and

 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Lake supports the repeal of those portions of the USA PATRIOT Act and the Homeland Security Act which violate the U.S. Constitution or the Bill of Rights, and supports the countermand and revocation of those Federal Executive Orders and Edicts of the Attorney General which violate the U.S. Constitution and the Bill of Rights, and affirm the spirit and letter of the Freedom of Information Act as passed by Congress.

 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Lake implores the United States Congress to correct provisions in the USA PATRIOT Act and other measures that infringe on civil liberties, and opposes any pending and future federal legislation to the extent that it infringes on Americans' civil rights and liberties.

COPIES of this resolution shall be sent to the Honorable George W. Bush, President of the United States; the Honorable John Ashcroft, Attorney General of the United States; the Honorable Grey Davis, Governor of California and to the Honorable Barbara Boxer and the Honorable Diane Feinstein, U.S. Senators, and the Honorable Mike Thompson, Representative, members of the California delegation in Congress.

 PASSED AND ADOPTED by the Board of Supervisors, County of Lake, this 8th day of July, 2003, by the following vote:

 AYES: Supervisors Robey, Smith, Farrington and Lewis
 NOES: None
 ABSENT OR NOT VOTING: Supervisor Brown (abstain)