Clallam County, WA Resolution

AFFIRMING CLALLAM COUNTY'S COMMITMENT TO PROTECTING THE CIVIL RIGHTS AND LIBERTIES OF ALL OF ITS CITIZENS

THE BOARD OF CLALLAM COUNTY COMMISSIONERS finds as follows:

1. WHEREAS, Clallam County has a long and distinguished history of protecting and expanding the civil rights and civil liberties of its residents and affirming the fundamental rights of all people; and

2. WHEREAS, the residents of Clallam County wish to honor the memory of all those who died as a result of the September 11, 2001 attacks; and

3. WHEREAS, Clallam County has a diverse population including: students, working and retired citizens, and non-citizens whose contributions to the community are vital to its character and function; and

4. WHEREAS, the United States Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act); and

5. WHEREAS, many provisions of the USA Patriot Act, the Homeland Security Act, and other related Federal and Executive Orders and measures may limit the civil rights and liberties of the residents of Clallam County including those who are immigrants by potentially:

a. Reducing judicial supervision of telephone and Internet surveillance (Section 216)

b. Expanding the government's power to conduct secret searches without warrants (Section 213)

c. Granting power to the U.S. Secretary of State to designate domestic groups, including political and religious groups, as "terrorist organizations" (Section 211)

d. Granting power to the U.S. Attorney General to subject non-citizens to indefinite detention or deportation even if they have not committed a crime (Sections 411 and 412)

e. Granting the Federal Bureau of Investigation (FBI) access to sensitive medical, mental health, financial, and educational records about individuals without having to show evidence of a crime (Sections 215, 218, 358, and 508)

f. Granting the FBI the power to compel libraries and bookstores to produce circulation or book purchase records of their patrons, and forbidding disclosure that such records have been requested and produced (Section 215); and

6. WHEREAS, a nation engaged in or preparing for foreign wars must do everything in its power to lessen fear at home and reinforce constitutional protections for those who in wartime may be victimized; and

7. WHEREAS, the Bill of Rights of the United States Constitution and the Declaration of Rights of the Constitution of the State of Washington guarantee all people living in Clallam County freedom of speech, assembly and privacy; equality before the law and the presumption of innocence; access to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures; and

8. WHEREAS, the preservation of civil rights and liberties is a pillar of American society and is essential to the well-being of our republic and its democratic processes, particularly during times of conflict when such rights and liberties, especially those of immigrants and ethnic minorities, may be threatened, intentionally or unintentionally, under false pretense of national security or patriotic zeal; and

9. WHEREAS, the residents of Clallam County denounce terrorism, and acknowledge that federal, state, and local governments have a responsibility to protect the public from terrorist attacks, and should do so in a rational, deliberative , and lawful fashion to ensure that any new security measure enhances public safety without impairing constitutional rights or infringing upon civil liberties; and

10. WHEREAS, law enforcement and security measures that undermine fundamental rights do irreparable damage to U.S. institutions and values of equal justice and freedom that the residents of Clallam County hold dear; and

11. WHEREAS, Clallam County believes that there is not and need not be conflict between security and the preservation of liberty, and that residents of this County and this nation can be both safe and free; and

12. WHEREAS, Clallam County has been and remains, committed to the protection of civil rights and liberties for all of its citizens; and

13. WHEREAS, the Board of Clallam County Commissioners believes that a threat to any person's Constitutional rights is a threat to the rights of all.

NOW, THEREFORE, BE IT RESOLVED by the Clallam County Board of Commissioners, in consideration of the above findings of fact that we:

1. Will vigorously resist any unconstitutional acts against Clallam County citizens including: invasion of privacy, expanded surveillance, and denial of due process that may come from the application of the Homeland Security Act, related Executive Orders, and by administration of the USA Patriot Act.

2. Affirm the rights of all people, including U.S. citizens and citizens of other nations, within the County in accordance with the Bill of Rights and the Fourteenth Amendment of the U.S. Constitution.

3. Affirm Clallam County's strong support for fundamental constitutional rights and its opposition to federal measures that infringe on civil liberties.

4. Call upon all County officials and employees to continue to respect the civil rights and liberties of all members of this community, including those who are citizens of other nations.

5. Call upon all private citizens including: residents, employers, educators, and business owners to demonstrate similar respect for civil rights and civil liberties.

6. Request that the Clallam County Sheriff's Department continue to protect residents' freedom of speech, religion, assembly and privacy; rights to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures.

7. Support the North Olympic Library System in its efforts to protect the free speech rights of library patrons.

8. Affirm its strong opposition to terrorism but also affirms that any efforts to end terrorism should not be waged at the expense of essential civil rights and liberties of the people of Clallam County and the United States.

9. Request that federal and state law enforcement officials acting within the County not engage in or permit detentions without charges or permit racial profiling in law enforcement.

10. Request that the U.S. Attorney's Office and the Office of the FBI regularly and publicly disclose the extent to and manner in which they have acted under the USA Patriot Act, new Executive Orders, or COINTELPRO-type regulations including public disclosure of the names of any detainees.

11. Request that our United States Congressman and Senators monitor the implementation of the Act and Orders cited herein and actively work for the repeal of the parts of that Act and those Orders that violate fundamental rights and liberties as stated in the Constitutions of Washington State and the United States of America.

12. Direct the County Administrator to provide copies of this resolution to the County's U.S. Congressional representatives, the United State Attorney General, and the President of the United States.