Sitka, AK Resolution

CITY AND BOROUGH OF SITKA

RESOLUTION NO. 03-886

A RESOLUTION OF THE CITY AND BOROUGH OF SITKA, ALASKA RELATING TO THE PROPOSED “PROTECTING THE RIGHTS OF INDIVIDUALS ACT” AND URGING DEFENSE OF INDIVIDUAL RIGHTS

WHEREAS, the City and Borough of Sitka recognizes that the United States Constitution is a beacon of liberty throughout the world and sees the liberties protected by the Constitution as some of the best things about the United States;

WHEREAS, each of Alaska s elected officials has sworn to defend and uphold the United States Constitution and the Constitution of the State of Alaska;

WHEREAS, the City and Borough of Sitka denounces and condemns terrorism; and

WHEREAS, the City and Borough of Sitka expresses its appreciation and support for those men and women serving in the armed forces and in law enforcement agencies who protect and defend Americans from terrorist attacks; and

WHEREAS, attacks against Americans such as those that occurred on September 11, 2001 have necessitated the adoption of effective laws to protect the public from terrorist attacks; and

WHEREAS, Congress enacted and the President signed in October of 2001 the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001,” also known as “the USA Patriot Act”; and

WHEREAS, there is growing concern across the nation that certain provisions of “the USA Patriot Act” expand the federal government s powers to use telephonic eavesdropping; surveillance of Internet communications; detention of individuals; searches of private property; and access to private financial, library, travel, medical, and religious records in ways not fully understood by the public or elected officials at the time of its enactment; and

WHEREAS, the growing concern over the USA Patriot Act includes fears that the expanded powers granted to the federal government may lead to infringement of civil liberties and abuse of that power, particularly given that the USA Patriot Act has reduced judicial oversight over the federal government s use of the powers; and

WHEREAS, this growing concern included the passage by the U.S. House of Representatives in July of 2003 by a 309-118 vote a measure aimed at blocking the use of federal funds for sneak and peek searches authorized by the USA Patriot Act, in which the federal government secretly searches people s homes and then advises them later; and

WHEREAS, U.S. Representative Don Young of Alaska said on February 3, 2003 that the USA Patriot Act was “”the worst piece of legislation we’ve ever passed””; and

WHEREAS, U.S. Senator Lisa Murkowski of Alaska introduced in August of 2003 S. 1552, a bill called the Protecting the Rights of Individuals Act, which is legislation that would give courts more power to regulate federal investigative efforts authorized under the USA Patriot Act; and

WHEREAS, more than 150 local and state governments including the State of Alaska, the Municipality of Anchorage, the Kenai Peninsula Borough, the City and Borough of Juneau, the City of Fairbanks, the City of Homer, the City of Skagway, the City of Soldotna, and the City of North Pole have adopted resolutions speaking out against terrorism while simultaneously raising concerns about the possible negative effects of the USA Patriot Act on the civil rights and liberties of Americans;

NOW, THEREFORE BE IT RESOLVED by the Assembly of the City and Borough of Sitka, Alaska that the Assembly of the City and Borough of Sitka supports the government of the United States of America in its campaign against terrorism, and also affirms its commitment that the campaign not be waged at the expense of essential civil rights and liberties of citizens of this country contained in the United States Constitution;

BE IT FURTHER RESOLVED that it is the policy of the City and Borough of Sitka to oppose any provision of law that would violate the rights and liberties guaranteed under the federal and state constitutions;

BE IT FURTHER RESOLVED that it is the policy of the City and Borough of Sitka that in the absence of a warrant supported by probable cause of criminal activity or in the absence of some other long-standing exception to the warrant requirement an agency or instrumentality of the City and Borough of Sitka shall not initiate, participate in, assist, or cooperate with any physical search of a home or business, electronic surveillance, or detention;

BE IT FURTHER RESOLVED that it is the policy of the City and Borough of Sitka that the Sitka Police Department shall provide advance or simultaneous notice of the execution of a search warrant to any resident of the City and Borough of Sitka whose property is the subject of such a warrant and shall also refrain from participating in a joint search with any law enforcement agency absent assurances that such notice will be provided to such individuals during the search;

BE IT FURTHER RESOLVED that it is the policy of the City and Borough of Sitka that the City and Borough of Sitka shall not use its resources or institutions for the enforcement of federal immigration matters pursuant to the USA Patriot Act which are the responsibility of the federal government;

BE IT FURTHER RESOLVED that it is the policy of the City and Borough of Sitka that the City and Borough of Sitka may not in the absence of reasonable suspicion of criminal activity under Alaska state law:

(a) initiate, participate in, or assist or cooperate with an inquiry or investigation made under the provisions of the USA Patriot Act if such inquiry or investigation infringes upon the due process of law;

(b) record, file, or share data or intelligence information collected or sought under the provisions of the USA Patriot Act concerning a person or organization, including library lending and research records, book and video store sales and rental records, medical records, financial records, student records, and other personal data; or

(c) retain any data or information described in (b) above;

BE IT FURTHER RESOLVED that the Assembly of the City and Borough of Sitka strongly requests the Attorney General for the State of Alaska to review any data or intelligence information currently held that has been recorded, filed, or gathered pursuant to the provisions of the USA Patriot Act for its legality and appropriateness under the United States and Alaska Constitutions and permanently dispose of it if there is no reasonable suspicion of criminal activity;

BE IT FURTHER RESOLVED that it is the policy of the City and Borough of Sitka that the City and Borough of Sitka shall not collect or maintain information about the political, religious, or social views, associations, or activities of any individual, group, association, corporation, business, or partnership, unless the information directly relates to an investigation of criminal activities and there are reasonable grounds to suspect the subject of the information is or may be involved in criminal conduct;

BE IT FURTHER RESOLVED that it is the policy of the City and Borough of Sitka that the City and Borough of Sitka shall not engage in racial profiling or use race, religion, ethnicity, or national origin as factors in selecting individuals to subject to investigatory activities except when seeking to apprehend a specific suspect whose race, religion, ethnicity, or national origin is part of the description of the suspect;

BE IT FURTHER RESOLVED that the Assembly of the City and Borough of Sitka implores the United States Congress to correct provisions in the USA Patriot Act and other measures that infringe on civil liberties and to oppose any pending and future federal legislation to the extent that it infringes on Americans civil rights and liberties;

BE IT FURTHER RESOLVED that the Assembly of the City and Borough of Sitka supports S. 1552, the Protecting the Rights of Individuals Act, as introduced by U.S. Senators Lisa Murkowski of Alaska and Ron Wyden of Oregon, and urges U.S. Senator Ted Stevens of Alaska to co-sponsor this legislation; and

BE IT FURTHER RESOLVED that the Assembly of the City and Borough of Sitka directs the Administrator of the City and Borough of Sitka to send copies of this resolution to the President of the United States, the United States Attorney General, the Alaska Congressional delegation; the Governor and Attorney General of the State of Alaska; and the United States Attorney for the District of Alaska.

PASSED AND APPROVED by the Assembly of the City and Borough of Sitka, Alaska on this 23rd day of September, 2003.