A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA BARBARA REGARDING THE PROTECTION OF CIVIL RIGHTS AND LIBERTIES AND EXPRESSING CONCERNS REGARDING THE USA PATRIOT ACT (PUBLIC LAW 107-56)
WHEREAS, the City Council of the City of Santa Barbara (Council) recognizes the potential dangers inherent in our country's current vulnerability to terrorist activities and the need for a safe and secure City environment; and
WHEREAS, the Council understands its responsibility to assure the residents of Santa Barbara that the City will do all in its power to create and enforce a safe and secure environment; and
WHEREAS, the City of Santa Barbara has a long and distinguished history of protecting civil rights and liberties as expressed in the U.S Constitution and the California State Constitution and the Council believes that these rights and liberties are the foundation of our democracy; and
WHEREAS, many residents of Santa Barbara, and in other communities across the nation, are concerned that the USA PATRIOT ACT directly threatens our civil rights and liberties by:
1. Greatly expanding the ability of federal agents to conduct secret searches of our homes and places of employment;
2. Granting the executive branch unprecedented and extensive surveillance powers including enhanced ability to track email and internet usage, obtain sensitive medical, mental health, business, financial, educational, and other records; and monitor telephone calls, library usage and books purchase - all without evidence of a crime and without a court order;
3. Allowing the Attorney General to subject non-citizens to detention or deportation even if they have not committed a crime; and
4. Conferring powers to the executive branch, which may impact the balance of powers among the executive, judicial, and legislative branches as enshrined in the U.S. Constitution; and
WHEREAS, many Santa Barbara residents and others in communities across the nation are concerned that the Homeland Security Act violates fundamental principles of open governance by exempting the new Homeland Security Department from the disclosure requirements of the Freedom of Information Act and the Sunshine Act, thereby drastically limiting the agency's responsibility to answer public questions and concerns; and
WHEREAS, many Santa Barbara residents and others in communities across the nation believe that our civil rights and liberties are further threatened by orders and rules of the executive branch that:
1. Permit wiretapping of conversations between federal prisoners and their lawyers;
2. Allow FBI operations to target domestic groups and individuals engaged in lawful political activities; and
3. Limit the disclosure of public documents and records under the Freedom of Information Act; and
WHEREAS, the City of Santa Barbara houses a diverse population, including non-citizens, whose contributions to the community are vital to its character and function; and
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA BARBARA RESOLVES AS FOLLOWS:
1. Affirms the City's strong support for fundamental rights guaranteed by the U.S. Constitution and the California State Constitution.
2. Affirms the policies and practices of the City's Police Department, and all City departments, of respecting and protecting freedoms of speech, religion, assembly, and privacy; upholding and advancing the presumption of innocence; acting at all times with due respect for the equality of all people, irrespective of race, religion, ethnic identity, or national origin; protecting residents from unreasonable searches and seizures; and guaranteeing the right to counsel and due process in judicial proceedings.
3. Has directed the Santa Barbara City Administrator to strongly encourage any federal, state, or county agency acting within the City, to work in accordance with the policies and procedures of the City and when cooperating with City departments, to continue to guarantee the fundamental constitutional rights of all Santa Barbara residents.
4. Has directed the Santa Barbara City Administrator to post notices in public libraries informing library patrons that federal agents may obtain records of books and materials borrowed and websites accessed on library computers.
5. Authorizes the Mayor to send letters, and copies of this resolution, to members of our Congressional delegation to strongly encourage them and other members of Congress to monitor the implementation of the USA PATRIOT Act, the Homeland Security Act, and the associated orders and rules of the executive branch and to actively work for the repeal of any and all portions of the existing Acts and Orders, and against enactment of any new federal and state legislation, that threatens fundamental rights and liberties as stated in the U.S. Constitution and its Amendments, and to pursue legislation to restore civil rights and liberties that have been eroded under the recent federal Acts and Orders.