RESOLUTION OF THE COUNTY OF SANTA CRUZ TO DEFEND CIVIL LIBERTIES AND THE BILL OF RIGHTS THROUGH OPPOSITION TO THE USA PATRIOT ACT
WHEREAS, the County of Santa Cruz and its citizens are governed by the United States Constitution, including the Bill of Rights, and the California State Constitution, and depend on the leaders of the United States to protect and preserve the freedoms which are the foundation of our democracy; and
WHEREAS, the County of Santa Cruz consists of a diverse population, including non-citizens, whose contributions to the community are vital to its character and function; and
WHEREAS, fundamental rights granted by the United States Constitution are threatened by actions taken at the federal level, notably by passage of sections of the USA Patriot Act and several Executive Orders which, among other things:
. Violate the First and Fourth Amendments to the Constitution through the expansion of the government's ability to wiretap telephones, monitor e-mail communications, and all other uses of the internet, survey medical, banking, credit, and student records, and secretly enter homes and offices without customary administrative oversight or without showing of probable cause ;
. Give law enforcement expanded authority to obtain library records, and prohibit librarians from informing patrons of monitoring or information requests, and otherwise gain access to other forms in which information is communicated;
. Grant potential unchecked powers to the Attorney General and the U.S. Secretary of State to designate legal domestic groups as "terrorist organizations" while lifting administrative regulations against covert, surveillance counter-intelligence operations by the FBI that in the past have targeted domestic groups and individuals;
. Violate the Fifth, Sixth and Fourteenth Amendments to the Constitution in establishing secret military tribunals, and in subjecting citizens and non-citizens to indefinite detention even when they have not been allowed an attorney, brought to trial, or even charged
with a crime; and
. Authorize eavesdropping on confidential communications between lawyers and their clients in federal custody; and
WHEREAS, the County of Santa Cruz adheres to the principle that no County agency may profile or discriminate against any person solely on the basis of ancestry, race, ethnic or national origin, color, age, sexual orientation, gender, religion, physical or mental disability, or apparent socio-economic status; and
WHEREAS, the County of Santa Cruz and its officers recognize their constitutional commitment to uphold the legal and human rights of county residents; and
WHEREAS, the County of Santa Cruz opposes any use of governmental power to suppress the free and open exchange of knowledge and information or to intimidate individuals exercising free inquiry; and
WHEREAS, other public jurisdictions around the country have passed similar resolutions reinforcing local efforts to support and defend legal and human rights of their residents, reflecting a common belief that sections of the USA Patriot Act and related regulations, guidelines, and Executive Orders are a present danger to our Constitutional rights and privacy rights.
NOW, THEREFORE, BE IT RESOLVED that the Santa Cruz County Board of Supervisors remains firmly committed to the protection of civil rights and civil liberties for all and affirms its commitment to embody democracy and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and the California State Constitutions;
BE IT FURTHER RESOLVED that the Board of Supervisors requests local law enforcement to continue to preserve and uphold residents' freedom of speech, assembly, association, privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures.
BE IT FURTHER RESOLVED that our federal legislative delegation be petitioned to actively monitor the implementation of the USA Patriot Act, and any existing and new Executive Orders dealing with related subjects, including the proposal, currently in draft, known as Patriot 11, and to actively work for the repeal of those provisions that violate the guaranteed civil liberties enumerated in the Bill of Rights.
BE IT FURTHER RESOLVED that the Clerk of the Board deliver this Resolution to all local law enforcement agencies, the Governor's office and to all members of the California federal legislative delegation.
PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz, State of California, this 29th day of April , 2 0 0 3 , by the following vote:
AYES: SUPERVISORS Beautz, Wormhoudt, Campos, Almquist and Pirie
NOES : SUPERVISORS None
ABSENT : SUPERVISORS None