Resolution No. 18234 (N.C.S.)
Resolution of the Council of the City of Salinas to Protect Civil Liberties
WHEREAS, the City of Salinas is committed to protecting the civil rights and liberties of its residents; and
WHEREAS, the City of Salinas has a diverse population, including immigrants, students and working people, whose contributions to the community are vital to its character and function; and
WHEREAS, fundamental constitutional rights are essential to the preservation of a just and democratic society; and
WHEREAS, several new laws, regulations, and executive orders issued during the past year including the adoption of certain provisions of the USA PATRIOT Act now threaten these constitutional rights and liberties, including: Freedom of speech and religion; Right to privacy; Right to counsel and due process in judicial proceedings; Right to equal protection before the law; and Protection from unreasonable searches and seizures; and
WHEREAS, these new powers threaten civil rights and civil liberties of Salinas residents, particularly affect those of Latino, Arab-American, Muslim and South Asian backgrounds; and
WHEREAS, thirty years ago this November, California voters overwhelmingly adopted a Constitutional right to privacy to protect against a ""proliferation of government snooping and data collecting [that] is threatening to destroy our traditional freedoms"";
THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF SALINAS:
1. Affirms its strong support for the fundamental constitutional rights and its opposition to the provisions of the USA Patriot Act that infringe on important civil liberties.
2. Affirm its strong support for the constitutional rights for immigrants communities in Salinas and oppose racial profiling and scapegoating of immigrants.
3. Calls upon our United States Representatives and Senators to monitor the implementation of the Patriot Act and Orders cited herein and actively work for the repeal of the Act and those orders that violate fundamental rights and liberties as stated in the United States Constitution and its amendments. That the legislative delegation will request that the U.S. Attorney for the Northern District of California and the Special Agent in charge for the Salinas area to monitor and collect the following information.
a. The following information regarding all detainees that have been held in the City of Salinas as a result of terrorism investigations: name of detainee, where detainee is being held, circumstances of detention, any charges brought against the detainee, whether the detainee has been transferred, whether the detainee has been deported, if the detainee has legal representation, and the name of the attorney.
b. The number of times library records have been requested from libraries in Salinas under powers granted in the USA Patriot Act.
c. The number of times records have been requested from bookstores in Salinas under powers granted in the USA Patriot Act.
d. The number of ""sneak and peak"" searches executed in Salinas under the powers granted in the USA PATRIOT Act.
e. The number of individuals living in Salinas who have been questioned in connection with terrorism investigations, and the race, ethnicity, and immigration status of those individuals.
f. The number of wiretaps utilized in Salinas under the powers granted in the USA PATRIOT Act.
g. The number of religious institutions, political rallies and political meetings monitored in Salinas.
h. The number of terrorism related tips received from Salinas residents.
i. The number of Salinas residents being held in connection with civil immigration violations and the nationality of those being held.
j. The number of requests made to the Salinas Police Department for assistance with the execution of any of the above powers including the number of times local police have detained individuals on civil immigration violations based on information obtained from the National Crime Information Center database.
4. Instructs the Salinas Police Chief to notify the City Council if the department is requested by the United States Attorney Office or the FBI to exercise powers or cooperate in the exercise of powers that violate either state or federal constitution.
PASSED AND ADOPTED this 13th day of May, 2003, by the following vote:
AYES: Councilmembers Barnes, De La Rosa, Lutes, Ocampo, Sanchez, and Mayor Caballero
NOES: None
ABSENT: Councilmember Giuriato
ABSTAINED: None