Incorporated County of Los Alamos Resolution No. 03-13
Resolution on the USA PATRIOT Act and Related Measures that infringe on the rights of citizens and library users
WHEREAS, the Incorporated County of Los Alamos affirms the responsibility of the leaders of the United States to protect and preserve the freedoms that are the foundation of our democracy;
WHEREAS, the Incorporated County of Lost Alamos is committed to uphold the human rights of all persons in Los Alamos County and the free exercise and enjoyment of any and all rights and privileges secured by our constitutions and laws of the United States, the State of New Mexico and the Incorporated County of Los Alamos;
WHEREAS, the Incorporated County of Los Alamos holds that suppression of ideas undermines a democratic society;
WHEREAS, libraries are a critical force for promoting the free flow and unimpeded distribution of knowledge and information for individuals, institutions, and communities;
WHEREAS, privacy is essential to the exercise of free speech, free thought, and free association; and in a library, the subject of users' interests should not be examined or scrutinized by others; and
WHEREAS, certain provisions of the USA PATRIOT Act, the revised Attorney General Guidelines to the Federal Bureau of Investigation, and other related measures expand the authority of the - federal government to investigate citizens and non-citizens, to engage in surveillance without demonstrating probable cause, threaten fundamental rights and liberties, including freedom of speech, religion, assembly, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Incorporated County of Los Alamos:
Section 1. That local law enforcement continue to preserve residents' freedom of speech, religion, assembly, and privacy; rights to counsel and due process in judicial proceedings' and protection from unreasonable searches and seizures.
Section 2. That federal and state law enforcement officials acting within the Incorporated County of Los Alamos work in accordance with the policies of the Los Alamos Police Department, and in cooperation with the Department, by not engaging in or permitting detentions without charges or racial profiling in law enforcement.
Section 3. 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 of our citizens as stated in the Constitutions of the State of New Mexico and the United States.
Section 4. That the Incorporated of Los Alamos oppose any use of governmental power to suppress the free and open exchange of knowledge and information or to intimidate individuals within our country exercising free inquiry.
Section 5. That the Incorporated County of Los Alamos consider that sections of the USA PATRIOT Act are a present danger to the constitutional rights and privacy of library users and urge the United States Congress to:
A) provide active oversight of the implementation of the USA PATRIOT Act, the revised Attorney General Guidelines to the Federal Bureau of investigation and other related measures
B) hold hearings to determine the extent of the surveillance on library users and their communities; and
C) amend or change the sections of these laws and the guidelines that threaten or abridge the rights of inquiry and free expression.
Section 6. That the Incorporated County of Los Alamos encourage County librarians to defend and support user privacy and free and open access to knowledge and information.
Section 7. That Mesa Public Library and White Rock Public Library post in a prominent place within the library a notice as follows: ""LIBRARY USERS, PLEASE NOTE: In the past, your privacy and confidentiality in regard to use of library materials has been safeguarded by the New Mexico Library Privacy Act (18-9-1 to 18-9-6 NMSA 1987). However, under Section 215 of the federal USA PATRIOT Act (public law 107-56), patron records, including those referencing books and other materials you borrow from this library, may be obtained by federal agents. This law also prohibits librarians from informing you if records about you have been obtained by federal agents. More information is available at the Service Desk.""
Section 8. The Library Manager, in consultation with the City Attorney, shall develop policies and procedures for responding to law enforcement requests for patron information that protect patron confidentiality and privacy to the maximum allowable under the law.
Section 9. That this resolution be forwarded to the President of the United States, to the Attorney General of the United States, to Members of both Houses of Congress, to the library community, and to others as appropriate.