document

Mill Valley, CA Resolution

Document Date: April 10, 2003

RESOLUTION NO. 03-14

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILL VALLEY TO PRESERVE CIVIL LIBERTIES ENDANGERED BY THE USA PATRIOT ACT, HOMELAND SECURITY ACT AND PRESIDENTIAL AND ATTORNEY GENERAL EXECUTIVE ORDERS AND RULINGS

_________________________________________________________

WHEREAS, a crime against humanity occurred on September 11, 2001 when terrorist acts against the United States resulted in the passage of new federal laws and executive orders; and

WHEREAS, the City of Mill Valley is concerned with the security of our nation and the protection of the civil rights and liberties enshrined in the Constitution which are the foundation of our democracy; and

WHEREAS, in this unprecedented time of crisis it is within the purview of local governments to take a stand in support of our Bill of Rights because any weakening of those rights threatens the broad range of political expression on the local, state and federal level vital to the functioning of our democracy; and

WHEREAS, official City policy allows the Mill Valley City Council to take a position on issues which are state or national in scope if the particular issue ""directly relates to the City's ability to govern and/or to provide services to its residents;"" and

WHEREAS, the Bill of Rights of the United States Constitution guarantees those living in the United States the following rights and liberties:

  • Freedom of speech, assembly, religion, press, dissent and privacy
  • Equality before the law and the presumption of innocence
  • Access to counsel and due process in judicial proceedings
  • Protection from unreasonable searches and seizures
  • Protection against cruel and unusual punishments
  • Equality and the protection from profiling based on race, religion, gender, national origin, political beliefs or actions; and

WHEREAS, we believe these civil rights and liberties are now threatened by the USA Patriot Act, the Homeland Security Act, presidential executive orders and attorney general rulings;

WHEREAS, the USA Patriot Act, the Homeland Security Act and related executive orders and rulings impact the City of Mill Valley's ability to provide services to its residents and to manage its employees by endangering and chilling their civil rights and liberties;

WHEREAS, the City of Mill Valley is governed by the Constitution of the United States and affirms the United States Constitution and its Bill of Rights as the foundation of our democracy;

WHEREAS, every member of the Mill Valley City Council took an oath to support and defend the Constitution of the United States against all enemies, foreign and domestic;

NOW, THEREFORE, BE IT RESOLVED THAT:

  1. The Mill Valley City Council affirms its strong support for our constitutionally guaranteed rights and liberties and affirms its opposition to any and all federal measures that infringe on those rights and liberties.
  2. The Mill Valley City Council shall communicate in writing to President George Walker Bush, Senators Dianne Feinstein and Barbara Boxer, and Representative Lynn Woolsey its desire that they work to repeal the USA Patriot Act and any and all provisions of federal legislation and executive orders, including the proposed Domestic Security Enhancement Act of 2003, that violate the fundamental rights and liberties embodied in the United States Constitution and the California Constitution.
  3. The Mill Valley City Clerk shall send copies of this Resolution to the President of the United States, our two senators and our representative in the United States Congress, the Attorney General of the United States, the local U.S. Attorney's office, and the Attorney General of California.
  4. Policies and procedures shall be developed to support and protect City employees and citizens.

PASSED AND ADOPTED at a meeting of the City Council of the City of Mill Valley on the _7th__ day of April_, 2003, by the following vote:

AYES: Councilmembers Fisco, Solem, Swanson, Waldeck, Mayor Raker
NOES: None.
ABSENT: None.

________________________________
Christopher Raker, Mayor

ATTEST:
______________________________
Mary H. Herr, City Clerk

Related Issues