RESOLUTION 2003-31
A RESOLUTION FOR THE RESTORATION AND DEFENSE OF CONSTIUTIONAL RIGHTS
WHEREAS, the Town of Silver City, New Mexico, is proud of its long and distinguished tradition of protecting the civil rights and liberties of its residents, and recognizes that the preservation of civil rights and liberties is essential to the well-being of a democratic society; and
WHEREAS, the Town of Silver City has a diverse population, including immigrants and students, whose contributions to the community are vital to its economy, culture, and civil character; and
WHEREAS, federal, state and local governments should protect the public from terrorist attacks such as those that occurred on September 11, 2001, the Town Council of Silver City believes that there is no inherent conflict between national security and the preservation of liberty-Americans can be both safe and free; and that the government security measures that undermine fundamental rights do damage to the American institutions and values that the residents of Silver City rely upon and hold dear; and
WHEREAS, there is wide concern that the recent adoption of U.S. Public Law 107-56, also known as the USA PTRIOT Act, and several executive orders may infringe upon fundamental personal liberties, in violation of due process, the right to privacy, the right to counsel, protection against unreasonable searches and seizures, and basic First Amendment freedoms, all of which are guaranteed by the Constitutions of New Mexico and the United States; and
WHEREAS, nationwide grassroots opposition to infringements on our liberties has led states and local governments to pass resolutions declaring their commitment to freedom and opposition to unconstitutional limitations on our freedoms, sending a message to Congress that the people of this country are calling on our legislators to roll back unconstitutional limitations on our freedoms and refrain from further restrictions.
NOW, THEREFORE BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF SILVER CITY:
1. AFFIRMS its strong support for fundamental constitutional rights and its opposition to federal measures that infringe on these rights;
2. AFFIRMS its strong support for the rights of immigrants and opposes measures that single out individuals for legal scrutiny or enforcement activity based solely on their country of origin;
3. DIRECTS that the extent legally possible, no town resources, including law enforcement funds and educational administrative resources, to be used for unconstitutional activities in whatever manner or under whatever circumstances they may be presented;
4. DIRECTS all agencies of the Town of Silver City to report to the Town Manager, Town Council and Town Attorney any request by federal authorities that, if granted would require such agencies to exercise powers or cooperate in the exercise of powers in apparent violation of any city ordinance or the laws of Constitution of this State or the United States;
5. DIRECTS the Silver City Public Library to post in a prominent place within the library a notice to library users as follows: WARNING: Under Section 215 of the US Public Law 107-56 (the USA PATRIOT Act), records of the books and other materials you borrow from this library may be obtained by federal agents. That federal law prohibits librarians from informing you if records about you have been obtained by federal agents. Questions about this policy should be directed to: Attorney General John Ashcroft, Department of Justice, Washington, DC 20530;
6. DIRECTS the Mayor to transmit a copy of this resolution to Senator Domenici, Senator Bingaman, and Congressmen Pearce accompanied by a letter urging them to monitor federal anti-terrorism tactics and work to repeal provisions of U.S. Public Law 107-56 and other laws and regulations that infringe on civil rights and liberties;
7. DIRECTS the Mayor to transmit a copy of this resolution to Governor Richardson and appropriate members of the State Leigslature accompanied by a letter urging them to ensure that state anti-terrorism laws and policies be implemented in a manner that does not infringe on civil liberties as described in this resolution;
8. DIRECTS the Mayor to transmit a copy of this resolution to President Bush and Attorney General John Ashcroft; and
BE IT FURTHER RESOVED that the provision of this resolution s hall be severable, and if any phrase, clause, sentence, or provision of this resolution is declared by a court of competent jurisdiction to be contrary to the Constitution of the Untied States or of the State of New Mexico or if the applicability thereof to any agency, person, or circumstances is held invalid, the validity of the remainder of this resolution and the applicability thereof to any other agency, person, or circumstances shall not be affected thereby.
PASSED, APPROVED AND ADOPTED this 28th day of October 2003.