A RESOLUTION OF THE CITY OF SAUSALITO REAFFIRMING THE IMPORTANCE OF CONSTITUTIONAL RIGHTS AND CIVIL LIBERTIES IN RESPONSE TO THE USA PATRIOT ACT
Whereas, a great crime against humanity occurred on our U.S. shores on September 11, 2001, resulting in new federal laws and enforcement powers; and
Whereas, on October 26, 2001, President Bush signed the Patriot Act into law, giving new powers to both domestic law enforcement and international intelligence agencies; and
Whereas, the United States Constitution is the basis for our civil rights and civil liberties, and a cornerstone of American liberty is defending and protecting our freedoms and Constitutional rights; and
Whereas, in this time of unrest it is within the purview and indeed incumbent upon local government to reaffirm support of the Bill of Rights because any weakening of those rights threatens the broad range of political expression on the local, state and federal level vital to the functioning of our democracy; and
Whereas, City policy clearly allows the Sausalito City Council to take a position on issues which are state or national in scope when the particular issues directly relate to the City's ability to govern and/or to provide services to its residents; and
Whereas, every member of the Sausalito City Council took an oath to support and defend the Constitution of the United States against all enemies, foreign and domestic;
Now, Therefore, Be It Resolved that, at the request of members of its citizenry, the Sausalito City Council makes this statement in support of the United States Constitution; and
Be It Further Resolved that the Sausalito City Council reaffirms the importance of Constitutional rights and civil liberties and will work to ensure that all enforcement and administrative proceedings are conducted consistent with due process of law and Constitutional principles; and,
Be It Further Resolved that the City of Sausalito, acting in the spirit and history of our community, does hereby:
1. Affirm its opposition to any portion of the Patriot Act that weakens or destroys our civil rights and liberties and, where there is discretion, the City of Sausalito will err on the side of civil rights; and
2. Remain firmly committed to the protection of civil rights and civil liberties for all people including those who are citizens of other nations. We affirm this commitment to embody the spirit of democracy, to embrace and defend human rights and civil liberties, to make those liberties viable for all, regardless of citizenship status, gender, racial identification, religious affiliation, age or country of origin.
3. Call upon all private citizens - including residents, employers, educators, and business owners - to demonstrate similar respect for civil rights and civil liberties.
4. Affirm for all Sausalito residents, City departments and employees, and elected officials the following principles:
Every person has:
- The right to freedom of speech and association
- The right to freedom of religion
- The right to assembly and right to privacy
- The right to due process in judicial proceedings
- The right to counsel and attorney-client privilege
- The right to be free from unreasonable searches, seizures, detentions or arrests without establishing reasonable suspicion or probable cause that a crime has been committed or is about to be committed
- The right to equal protection under the law, and
- The right not to be deprived of life, liberty or property without due process of law
5. Reaffirm its commitment to unbiased policing as expressed in the policies of the Sausalito Police Department and endorse the principle that no law enforcement officer or other City employee will discriminate against any person; and City employees may not profile any person solely on the basis of ancestry, race, ethnicity, national origin, color, age, sex, sexual orientation, marital status, physical or mental disability or religious preference.
6. Request that federal officials acting within the City work in accordance with policies of the Sausalito Police Department, and in cooperation with the Department, that these officials neither engage in racial profiling nor permit arrests without charges.
7. Request that federal officials not engage, to the extent legally permissible, in law enforcement activities that: a) threaten civil rights and civil liberties of the people of Sausalito; b) monitor Sausalito citizens based on their religious or political views; and, c) collect information about political, religious or social views, associations, or activities of Sausalitans, unless the information relates to public safety concerns or establishes suspicion of criminal activity or the potential for criminal activity.
8. Endorse HR 1157, a bill that would prevent the FBI from seeking personally identifiable information about a library patron without sufficient legal showing such as a subpoena.
9. Request that the City Clerk send copies of this resolution to the President of the United States and to local Congressional representatives.
The foregoing Resolution was adopted by the City Council of the City of Sausalito on May 6, 2003 by the following vote:
AYES: Councilmembers: Albert, Albritton, Keller, Scremin, Mayor Belser
NOES: None
ABSENT: None
ABSTAIN: None
MAYOR OF THE CITY OF SAUSALITO
ATTEST:
Dana H. Whitson, City Clerk