RESOLUTION NO. 2003-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AFFIRMING OUR CONSTITUTIONAL LIBERTIES AND OPPOSING THOSE PROVISIONS OF THE PATRIOT ACT WHICH ABRIDGE OUR CONSTITUTIONAL LIBERTIES
WHEREAS, the City of San Ramon ("City") recognizes the Constitution of the United States of America to be the supreme law of the land and all elected officials of the City are sworn to uphold the Constitution of the United States of America in discharging their duties; and
WHEREAS, it is in the purview of local government to take a stand in support of our Constitution and Bill of Rights because any weakening of those rights threaten the broad range of political expression that is vital to our democracy at the local, state, and federal levels; and
WHEREAS, the City affirms its strong opposition to any form of terrorism against humanity, and also affirms that any efforts to end terrorism must not be waged at the expense of civil rights and liberties; and
WHEREAS, a great crime against humanity occurred on September 11, 2001, resulting in new federal laws and enforcement powers, including the USA Patriot Act, signed into law on October 26, 2001; and
WHEREAS, the City believes that the civil rights and liberties of our residents and the foundations of our democracy could be threatened by some provisions of the USA Patriot Act; and
WHEREAS, the City proudly houses a diverse population, including citizens from other nations, whose contributions to the community are significant and important to all; and
WHEREAS, the First Amendment of the Unites States Constitution states that Congress shall make no law respecting an establishment or religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances; and
WHEREAS, the Fourth Amendment states that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized; and the Fifth Amendment states, in part, that no person "shall be compelled in any criminal case to be a witness against himself"; and
WHEREAS, the Eighth Amendment states that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; and the Fourteenth Amendment states that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the Unites States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.
NOW, THEREFORE BE IT RESOLVED, the City of San Ramon affirms its strong support for our constitutionally guaranteed rights and liberties and opposes implementation of the USA Patriot Act in a manner which would infringe on those rights and liberties and supports the repeal of those sections of the USA Patriot Act that infringe upon civil liberties; and
BE IT FURTHER RESOLVED, that the City will continue in its outreach and shall educate its citizens on its policies of tolerance and respect for the diversity of its residents; and
BE IT FINALLY RESOLVED, that the City directs the City Clerk to transmit this resolution to all City departments, the courts, the Governor and the Attorney General of the State of California, to all members of the California Congressional delegation, the United States Attorney General, and the President of the United States of America.
PASSED, APPROVED, AND ADOPTED this 14th day of October 2003 by the following votes.
AYES: Councilmembers Cambra, Dickey, and Tatarka
NOES: Councilmember Hudson and Mayor Wilson
ABSENT:
ABSTAIN:
H. Abram Wilson, Mayor
ATTEST: