Jerome, AZ Resolution

TOWN OF JEROME, ARIZONA

RESOLUTION #406

YEAR 2003

A RESOLUTION OF THE TOWN OF JEROME, YAVAPAI COUNTY, ARIZONA EXPRESSING THE COMMITMENT OF THE TOWN OF JEROME TO CIVIL RIGHTS AND LIBERTIES AND ESTABLISHING A CIVIL LIBERTIES SAFE ZONE.

WHEREAS, following the attacks on the United States of September 11, 2001, the Congressed passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act (PL 107-56) on October 26, 2001; and

WHEREAS, the provisions of the USA PATRIOT Act expand on the authority of the federal government to detain and investigate citizens and non-citizens, engage in electronic surveillance of citizens and non-citizens, perform searches and seizures without demonstrating evidence of probable cause and without timely showing a relevant warrant; and

WHEREAS, many people throughout communities across the nation, including Jerome, are concerned that certain provisions in the USA PATRIOT Act, Executive Orders and other post 9-11 legislation threaten civil rights and liberties guaranteed under the United States Constitution; and

WHEREAS, the Town of Jerome has been, and remains committed to the protection of civil rights and liberties for all people as expressed in the Untied States and Arizona Constitutions; and

WHEREAS, the policy of the Jerome Police's 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 Jerome must be conducted in compliance with the Fourth Amendment of the United States 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 Jerome 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 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 force.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF JEROME, YAVAPAI OCUNTY, ARIZONA:

Section 1. That the Town of Jerome has been and remains, firmly committed to the protection of civil rights and civil liberties for all people.

Section 2. That the Town of Jerome affirms the following principles: (1) every person has the right to be free from unreasonable search and seizure, (2) neither steps 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 Town of Jerome engages in public safety intelligence gathering as part of law enforcement and of national security, the Town of Jerome intends that such intelligence gathering comply with the following policy: No information about political, religious or social views, associations or activities may be collected.

Section 4. That the Town of Jerome reaffirms Jerome's commitment to human and civil rights as outlined in the Town of Jerome Ordinance Prohibiting Discriminatory Practices and its commitment to unbiased policing as expressed in the policies of the Jerome Police Department. The Town of Jerome firmly adheres to the principle that no law enforcement agency, or other town agency, may provide 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 the Town of Jerome agencies assist other agencies in practice or religion, nor shall Town of Jerome agencies assist other agencies in practices that violate these policies.

Section 5. That the Town of Jerome affirms its strong opposition to terrorism, but also affirms that any effort to end terrorism not be waged at the expense of essential civil rights and liberties of the people of Jerome, the United States and the World.

Section 6. That Staff is directed to send copies of the resolution to President George W. Bush, Attorney General Ashcroft, U.S. Senator Wayne Allard, U.S. Senator Ben Nighthorse Campbell, U.S. Representative Scott McGinnis, Governor Janet Napolitano, U.S. Senator John Kyl and U.S. Senator John McCain, State Representative Tom O'Halleran, Yavapai County Board of Supervisors, and the Yavapai Sheriff's Office.