CITY OF SKAGWAY, ALASKA
RESOLUTION NO. 03-16R
A RESOLUTION OF THE CITY OF SKAGWAY, ALASKA RELATING TO THE USA PATRIOT ACT AND CIVIL LIBERTIES, BILL OF RIGHTS AND THE UNITED STATES CONSTITUTION.
WHEREAS, the City of Skagway recognizes the Constitution of the United States as our charter of liberty, and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including the freedoms of religion, speech, assembly, and privacy; and
WHEREAS, all of the City of Skagway's duly elected public servants have sworn to defend and uphold the Constitution of the United States; and
WHEREAS, attacks against Americans such as those that occurred on September 11, 2001, have necessitated the crafting of laws to protect the public from terrorist attacks; and
WHEREAS, the City of Skagway affirms its strong opposition to all acts of terrorism but also affirms that any efforts to end terrorism must not be waged at the expense of essential civil rights and liberties of the people of Skagway; and
WHEREAS, the USA PATRIOT Act passed by the United States Congress in October 2001, expands the federal government's ability to conduct searches, conduct surveillance of telephone and internet activity, and gain access to medical, financial, education, and other records about certain individuals suspected of terrorist activities without first showing probable cause or evidence of a crime; and
WHEREAS, the USA PATRIOT Act increases the federal government's ability to monitor and detain individuals and impose requirements on local governments to assist the efforts of the federal government; and
WHEREAS, if the provisions of this Act are improperly applied, fundamental individual rights, which are protected by the Constitution of the United States, could be violated;
NOW THEREFORE BE IT RESOLVED, that it is the policy of the City of Skagway to oppose any portion of the USA PATRIOT Act that would violate the rights and liberties guaranteed equally under the state and federal constitutions; and
BE IT FURTHER RESOLVED that the City of Skagway joins communities across the country in expressing concern that the USA PATRIOT Act threatens civil rights and liberties; and
FURTHER BE IT RESOLVED that it is the policy of the City of Skagway, to forbid in the absence of probable cause of criminal activity:
1. Any initiation, participation in, assistance or cooperation with any inquiry, investigation, surveillance or detention; and
2. The recording, filing or sharing of intelligence information concerning any person or organization, including library lending, book and video store sales and/or rental records, medical, financial, and student records, and other personal data, even if authorized under the USA PATRIOT Act; and
3. The retention of intelligence information. Information that is currently held shall be thoroughly and carefully reviewed by the City Attorney for its legality and appropriateness under the United States and Alaska Constitutions, and permanently disposed of if there is no reasonable suspicion of criminal activity; and
FURTHER BE IT RESOLVED that the City of Skagway implores the United States Congress to correct provisions in the USA PATRIOT Act and other measures that infringe on the civil liberties, and opposes any pending and future federal legislation to the extent that it infringes on American' civil rights and liberties.
PASSED AND APPROVED this 5th day of June, 2003 by the City Council of the City of Skagway, Alaska.