Supervisor Newburger offered the following resolution and move its adoption, which resolution was declared adopted after a poll of the members of this Board:
RESOLUTION NO. 441-2003
A RESOLUTION URGING CONGRESS TO AMEND THE PATRIOT ACT AND TO ADVOCATE AGAINST PASSASGE OF PATRIOT II
WHEREAS, the Town Board, wishes to continue its long tradition of supporting the civil rights and liberties of its residents, a diverse population, who can contribute to the economic, cultural and civil life of the community; and
WHEREAS, local. State and federal government measures to protect public safety from terrorism should be done without infringing on constitutional rights; and
WHEREAS, the Town Board believes that there is no inherent conflict between enhancing security and preserving liberty, that we can be both safe and free; and
WHEREAS, federal laws and executive orders adopted since September 11, 2001, such as the USA PATROIT Act (Public Law 107-56) do threaten our liberties by authorizing the incarceration of non-citizens based on mere suspicion and off citizens designated ""enemy combatants"" with no access to counsel or to the courts, by chilling speech by defining ""terrorism"" too broadly; and
WHEREAS, the Administration has drafted new legislation called the Domestic Security Enhancement Act (DSEA), also known as PATROIT II, which contains many new and sweeping law enforcement powers unrelated to terrorism that would further compromise our basic rights by barring judicial oversight and impairing our system of checks and balances by removing this judicial oversight; and
WHEREAS, over 100 other communities nationwide have adopted resolutions affirmatively defending civil liberties against federal intrusion
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board affirms its strong support for fundamental constitutional rights and its opposition to federal measures that infringe on those rights with no assurance as to how those limits will enhance our security; and be it further
RESOLVED, that the Town Board urges public libraries in the Town of North Hempstead to post in a prominent place a notice to library users as follows ""WARNING: Under Sec. 215 of the USA PATRIOT Act (Public Law 107-56), federal agents may obtain records of books and other materials you borrow, and librarians are barred from informing you if this occurs. You my direct you questions to Attorney General John Ashcroft, Dept. of Justice, Washington, DC 20530.""; and be it further
RESOLVED, that the Supervisor is hereby authorized and directed to transmit a copy of this resolution to Senator Hillary Rodham Clinton and Senator Charles Schumer, and to the Nassau County delegates to the House of Representatives, with a cover letter urging them to support Congressional efforts to assess the impact of the PATRIOT Act; to ensure that the ""sunset"" provisions of the PATRIOT Act are enforced; and to advocate against the passage of DSEA, known as PATROIT II; and be it further
RESOLVED, that the Supervisor is hereby authorized and directed to transmit a copy of this resolution to Governor George Pataki, Senate Majority Leader Joseph Bruno and Assembly Speaker Sheldon Silver and appropriate members of the state legislature, with a cover letter urging them to ensure that state anti-terrorism law and policies avoid infringing on civil rights and civil liberties as described in this resolution; and be it further
RESOLVED, that the Supervisor hereby is authorized and directed to transmit a copy of this resolution to President Bush and Attorney General Ashcroft.
Dated: North Hempstead
December 16, 2003
The vote on the foregoing resolution was recorded as follows:
Ayes: Councilman D'Urso, Councilman Dwyer, Councilman Pollack, Supervisor Newburg
Nays: None
Abstain: Councilman Wink