Resolution No. 23-03
Resolution in the matter of Affirming the County's Commitment to Protecting the Civil Rights and Liberties of all Residents of Jefferson County
Approved June 9, 2003, by the County Commissioners of Jefferson County
WHEREAS, Jefferson County, Washington, 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,
WHEREAS, the residents of Jefferson County wish to honor the memory of all those who died as a result of the September 11, 2001, attacks; and,
WHEREAS, Jefferson 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,
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
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 Jefferson County, including those who are immigrants, by potentially:
A. Reducing judicial supervision of telephone and Internet surveillance
B. Expanding the government's power to conduct secret searches without warrants
C. Granting power to the US Secretary of State to designate domestic groups, including political and religious groups, as "terrorist organizations"
D. Granting power to the US Attorney General to subject non-citizens to indefinite detention or deportation even if they have not committed a crime
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
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; and,
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,
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 Jefferson 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,
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,
WHEREAS, the residents of Jefferson 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,
WHEREAS, law enforcement and security measure that undermine fundamental rights do irreparable damage to US institutions and values of equal justice and freedom that the residents of Jefferson County hold dear; and,
WHEREAS, the Federal Administration is moving to pass a Second USA PATRIOT ACT also known as the Domestic Security Enhancement Act of 2003 that usurps more rights than the original USA PATRIOT ACT which would provide for the presumptive denationalization of American citizens who support the activities of any organization that the executive branch has deemed "terrorist;" and,
WHEREAS, Jefferson 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
WHEREAS, Jefferson County has been and remains, committed to the protection of civil rights and liberties for all citizens of Jefferson County; and,
WHEREAS, the Board of County Commissioners of Jefferson County believes that a threat to any person's Constitutional rights is a threat to the rights of all; and,
WHEREAS, at least 81 cities and counties in more than 20 states, including major cities such as Seattle, Chicago, Philadelphia and Detroit have enacted resolutions reaffirming support for civil rights and liberties in response to the USA Patriot Act and subsequent government policies and laws that threaten these values, demanding accountability from law enforcement agencies regarding their use of these new powers.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Jefferson County, Washington, that we:
Will vigorously resist any unconstitutional acts against Jefferson 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.
Affirm the rights of all people, including United State 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.
Affirm Jefferson County's strong support for fundamental constitutional rights and its opposition to federal measure that infringe on civil liberties.
Call upon all County officials and employees to respect the civil rights and liberties of all members of this community, including those who are citizens of other nations.
Call upon all private citizens, including residents, employers, educators, and business owners, to demonstrate similar respect for civil rights and civil liberties.
Request that the Jefferson County Sheriff's Department continue to protect residents' freedom of speech, religion, assembly and privacy; rights to counsel and due process in judicial proceeding and protection from unreasonable searches and seizures.
Support the County Library system in its efforts to protect the free speech rights of library patrons.
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 Jefferson County and the United States.
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.
Request that the U.S. Attorney's Office and the Office of the Federal Bureau of Investigation 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.
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 States and the United States of America.
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.
APPROVED AND ADOPTED this 9th day of June, 2003.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
SEAL:
Dan Titterness, Chairman
ATTEST:
Glen Huntingford, Member
Lorna Delaney, CMC (Excused Absence)
Clerk of the Board Wendi H. Wrinkle, Member