Resolution No. ____ (passed unanimously by Boulder's City Council on July 23, 2002)
Expressing the Commitment of the City of Boulder to Civil Rights and Liberties and Acknowledging that the Boulder Police Department Already Incorporates Most of the Following in their Current Policies and Procedures.
WHEREAS, following the attacks on the United States of September 11, 2001, the Congress passed the USA Patriot Act (PL107-56) on October 26, 2001; and
WHEREAS, the provisions of the USA Patriot Act expand the authority of the federal government to detain and investigate citizens and non-citizens and engage in electronic surveillance of citizens and non-citizens; and
WHEREAS, many people throughout communities across the nation, including Boulder, are concerned that certain provisions in the USA Patriot Act threaten civil rights and liberties guaranteed under the United States Constitution; and
WHEREAS, the City of Boulder has been, and remains, committed to the protection of civil rights and liberties for all people as expressed in the United States and the Colorado Constitutions; and
WHEREAS, the policy of the Boulder Police Department is that all detentions or stops must be supported by reasonable suspicion that a crime has been committed or is about to be committed, and that all arrests and searches of person and/or property by officers in Boulder must be conducted in compliance with the Fourth Amendment of the U.S. Constitution and Article II, Section 7 of the Colorado Constitution; and the Mayor, and Chief of Police have confirmed to the Council that this policy is and will remain in full force and effect; and
WHEREAS, the policy of the Boulder Police Department is, further, that officers shall not consider ancestry, race, ethnicity, national origin, color, age, sex, sexual orientation, gender variance, marital status, physical or mental disability, or religion as a sole basis for establishing reasonable suspicion, probable cause, or a basis for requesting consent to search, and the Mayor, and Chief of Police have confirmed to the Council that this policy is and will remain in full force.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BOULDER:
Section 1. That the City of Boulder has been, and remains, firmly committed to the protection of civil rights and civil liberties for all people.
Section 2. That the City of Boulder affirms the following principles: (1) every person has the right to be free from unreasonable search and seizure, (2) neither stops nor arrests may be made without establishing reasonable suspicion or probable cause that a crime has been committed or is about to be committed, (3) every person has a right to equal protection under the law and the right not to be deprived of life, liberty or property without due process of law, and (4) every person has the right to free speech and freedom of association as provided for under the First Amendment of the United States Constitution and court opinions thereon.
Section 3. That when the City of Boulder engages in public safety intelligence gathering as a part of law enforcement and of national security, the City of Boulder intends that such intelligence gathering comply with the following policy: No information about political, religious or social views, associations, or activities should be collected unless the information relates to public safety concerns or suspicion of criminal activity or the potential for criminal activity.
Currently held information shall be thoroughly and carefully reviewed by the City Attorney or other appropriate City official to be designated by the Mayor, for its legality and appropriateness, using the United States and Colorado Constitutions and the established Boulder Police Department policy as guides.
Section 4: That the City of Boulder reaffirms Boulder's commitment to human and civil rights as outlined in the City of Boulder Human Rights Ordinance and its commitment to unbiased policing as expressed in the policies of the Boulder Police Department. The City of Boulder firmly adheres to the principle that no law enforcement agency, or other city agency, may profile or discriminate against any person solely on the basis of ancestry, race, ethnicity, national origin, color, age, sex, sexual orientation, gender variance, marital status, physical or mental disability, or religion, nor shall City of Boulder agencies assist other agencies in practices that violate these policies.
Section 5: That the City of Boulder affirms its strong opposition to terrorism, but also affirms that any efforts to end terrorism not be waged at the expense of essential civil rights and liberties of the people of Boulder, the United States and the World.
Section 6. That the Clerk of the City of Boulder attest and affix the seal of the City of Boulder to this resolution.
PASSED BY THE COUNCIL July 23, 2002
APPROVED_______________________________________, 2002
_______________________________________________MAYOR
ATTEST________________________CLERK Clerk of the City of Boulder