A RESOLUTION REGARDING THE PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES (2003-10-08/R-5.1)

WHEREAS, Chapel Hill is committed to the human rights of its residents and to actions that preserve and protect those rights; and

WHEREAS, Chapel Hill is home to a diverse population, including students, working people, and non-citizens, whose contributions to the community are vital to its character and function; and

WHEREAS, the Town Council is committed to upholding the civil rights and civil liberties of all persons in Chapel Hill and their free exercise and enjoyment of any and all rights and privileges secured by the constitutions and the laws of the United States, the State of North Carolina, and Chapel Hill; and

WHEREAS, actions taken by the federal government, including the adoption of sections of the USA Patriot Act and several Executive Orders, now threaten those fundamental rights and liberties, including freedom of speech, assembly and privacy; the right to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, all of which are guaranteed by the Constitutions of North Carolina and the United States; and

WHEREAS, the Executive Branch of the United States government has drafted a ""Domestic Security Enhancement Act"" (also known as the ""USA Patriot Act II""), which would further undermine those rights and liberties by expanding the government's surveillance authority; by allowing the sharing of sensitive personal information with local and state law enforcement agencies without consent or judicial process; and by authorizing secret arrests and detentions of persons not criminally charged;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council does hereby resolve:

Section 1.  That we encourage our State and federal legislative delegations to monitor the implementation of the USA Patriot Act and the Executive Orders cited herein and to work actively for the repeal of those portions of the Act and those Orders that violate the rights and liberties guaranteed by the Constitutions of North Carolina and the United States.

Section 2.  That we encourage our State and federal legislative delegations to work actively against adoption of the Domestic Security Enhancement Act cited herein and against any legislation or Executive Order that would undermine residents' fundamental rights and liberties.

Section 3.  That we encourage local law enforcement agencies to continue to preserve residents' freedom of speech, religion, assembly, and privacy; the rights to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon those rights by federal law enforcement under powers granted by Acts or Orders cited herein.

Section 4.  That we encourage federal and State law enforcement officials acting within Chapel Hill to work in accordance with the policies and procedures of and in cooperation with local law enforcement and not to engage in racial profiling or permit detentions without charges.

Section 5.  That this resolution be forwarded to our State and federal legislative delegations on behalf of the residents of Chapel Hill.

This the 8th day of October, 2003.