RESOLUTION No. 11418

RESOLUTION OF THE CITY OF SAN RAFAEL IN RESPONSE TO USA PATRIOT ACT

 WHEREAS, since the September 11, 2001 attacks on our nation, the USA Patriot Act has been enacted to expand federal powers to combat terrorism; and

 WHEREAS, the USA Patriot Act was passed by Congress in great haste and without the normal deliberative and open process followed in federal legislation; and

WHEREAS, the City of San Rafael is governed by the Constitution of the United States and understands that the security of our nation must be achieved in ways that ensure the protection of civil rights and liberties enshrined in the Constitution; and

WHEREAS, a number of San Rafael and Marin County residents, as well as prestigious legal organizations, have concluded that certain provisions of the USA Patriot Act subvert the U.S. Constitution; and

WHEREAS, the City Council has directed staff to undertake a review of the    USA Patriot Act to determine how it affects the delivery of municipal services to residents and businesses of San Rafael; and

WHEREAS, it has been determined that Section 215 of the USA Patriot Act affects the manner in which the employees of the City of San Rafael conduct their business; and

WHEREAS, it has been the City of San Rafael's long-held policy and practice not to make arrests for immigration violations because of the lack of authority, and to do so would threaten the Police Department's ability to interact constructively with residents in our community; and 

WHEREAS, without guidance and oversight, the Constitutional rights of City employees may be infringed, and these same employees put at risk of violating fundamental Constitutional rights of the residents of San Rafael.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of     San Rafael does hereby adopt the protocols, attached hereto as Exhibit ""A"", for City employee responses to subpoenas, search warrants, court orders, and other requests for information by law enforcement officials; and further directs that the City Manager work with all City of   San Rafael departments, in concert with the City Attorney, to implement these protocols.  

BE IT FURTHER RESOLVED, given the City's commitment to the privacy of its Library patrons and the confidentiality of Library records, the City Council also adopts the San Rafael Library Privacy Statement, attached hereto as Exhibit ""B"", setting forth what Library patrons can expect as regards the collection of personal information and the confidentiality of such records.

BE IT FURTHER RESOLVED, that the City of San Rafael opposes any amendments to the USA Patriot Act or other federal regulations that would compel local law enforcement to undertake the enforcement of federal immigration law.

I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the fifteenth day of September, 2003 by the following vote, to wit:

AYES:  COUNCILMEMBERS Cohen, Heller, Miller, Phillips and Mayor Boro

NOES: COUNCILMEMBERS: None

ABSENT: COUNCILMEMBERS: None