RESOLUTION NO. 03-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RELATING TO THE USA PATRIOT ACT AND THE PROTECTION OF CIVIL RIGHTS AND LIBERTIES OF SARATOGANS
WHEREAS, the City of Saratoga is a diverse community composed of persons of different ancestries, races, ethnic or national origins, colors, ages, genders, sexual orientations, religions, physical and mental capabilities, economic circumstances and political backgrounds and views; and
WHEREAS, all members of this community are governed by and enjoy certain fundamental rights granted under the United States Constitution including the Bill of Rights and the California State Constitution; and
WHEREAS, these fundamental rights are threatened whenever law enforcement actions are based on extreme interpretations of laws that were ultimately intended for the limited purpose of protecting these fundamental rights; and
WHEREAS, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism of 2001 (""USA PATRIOT Act"") was signed into law on October 26, 2001 with the stated purpose to enable law enforcement officials to track down and punish those responsible for the September 11, 2001 attacks on the World Trade Center in New York City and to protect against any similar attacks; and
WHEREAS, given the length and breadth of such acts, concerns have been raised that their language and that of Executive Orders interpreting such acts, might result in overzealous enforcement of its provisions in derogation of fundamental rights of all Americans, including the members of this community; and
WHEREAS, the City of Saratoga adheres to the principle that no law enforcement agency, or any other City agency, may profile or discriminate against any person solely on the basis of ancestry, race, ethnic or national origin, color, age, sexual orientation, gender, physical or mental disability, religion, political views, or economic circumstances; and
WHEREAS, the City of Saratoga wants to recognize the commitment it has to uphold the legal and human rights of its residents; and
WHEREAS, other communities around the County have passed similar resolutions reinforcing local efforts to support and defend the legal and human rights of their residents; and
NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Saratoga that it has been, and remains firmly committed to the protection of civil rights and civil liberties for all of its residents, to the equal treatment of all its residents, regardless of their ancestry, race, ethnic or national origin, color, age, sexual orientation, religion, physical or mental disability, economic circumstances, political background or views, and affirms its commitment to embody democracy and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States Constitution and California State Constitution; and
BE IT FURTHER RESOLVED that local law enforcement continue to preserve and uphold residents' freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested to do otherwise and infringe upon rights by Federal or State law enforcement agencies acting under new powers created by the USA PATRIOT Act or by Executive Order; and
BE IT FURTHER RESOLVED that our Federal legislative delegation is petitioned to actively monitor the implementation of the USA PATRIOT Act and any new legislation or related Executive Order, and actively work for the repeal of those portions that violate the guaranteed civil liberties enumerated in the Bill of Rights; and
BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this Resolution to all Federal and State law enforcement agencies, the Governor's office and to the California Federal legislative delegation.
PASSED AND ADOPTED by the Saratoga City Council, State of California, this 3rd day of September 2003, by the following vote:
AYES: Councilmember Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit
NOES: none
ABSENT: none
ABSTAIN: none