RESOLUTION NO. 12 - 2003
Resolution regarding The Patriot Act and the Protection of Sonoma Residents' Civil Rights
WHEREAS, in response to the tragic events of September 11, 2001, The United States Congress passed the USA Patriot Act (Public Law 107-56) which was signed into law by President George Bush on October 26, 2001; and
WHEREAS, many residents of Sonoma and other communities across the nation, while committed to homeland security, are deeply concerned that certain provisions of the USA Patriot Act expand government powers of secret surveillance, search and seizure and detention without due process in a manner which threatens fundamental civil rights, including:
- Freedom of speech, religion, assembly and privacy;
- The rights to counsel and due process in judicial proceedings;
- Protection from unreasonable searches and seizures; and
- Equal protection under the law;
All guaranteed by the Constitution of the State of California and the United States Constitution; and
WHEREAS, there has been no substantive showing by USA Patriot Act sponsors that these fundamental alterations of our civil liberties increase public safety, and subsequent investigation has shown that government powers of access to personal information prior to the events of September 11, 2001 were adequate to prevent the attacks if properly employed, with the resulting information communicated to the appropriate authorities; and
WHEREAS, the expanded powers of secret surveillance, search and seizure and detention conferred upon the federal government by the provisions of the USA Patriot Act herein opposed are far more likely to have a chilling effect on the free exchange of ideas and expression of disagreement with government policy, than to increase public safety; and
WHEREAS, examples of provisions in the USA Patriot Act which threaten the constitutional rights of Sonoma residents are as follows:
1. Section 216- providing for courts to issue orders authorizing wiretapping and internet surveillance if ""the court finds that the attorney for the government has certified to the court that the information likely to be obtained is relevant to an ongoing criminal investigation,"" eliminating the requirement, well established by legal precedent, to show probable cause that the subject of the surveillance is involved in criminal activity. Furthermore, section 216 requires wire and electronic service providers to make any information available to government investigators which ""may facilitate in the execution of the order."" Such an overly broad and vaguely defined standard virtually eliminates judicial supervision of telephone and internet surveillance.
2. Section 411- granting unchecked power to the Attorney General and the Secretary of State to designate domestic groups as ""terrorist organizations"" if they qualify as ""a political or social group whose endorsements of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorism,"" which could include a Palestinian support group or a group opposing economic globalization.
3. Section 412- allowing the Attorney General to subject non-citizens to indefinite detention, even though they have committed no crime, if the Attorney General ""has reasonable grounds to believe that the alien is engaged in any activity that endangers the national security of the United States.""
4. Sections 215, 218, 358 and 508 giving law enforcement broad access to sensitive medical, mental health, library, business, financial and other records about individuals without showing probable cause or evidence of a crime, where suspicion that the person is the agent of a foreign government is a ""significant purpose"" of the surveillance; and
WHEREAS, our civil rights and liberties are further threatened by orders and rules of the executive branch that:
5. establish secret military tribunals for terrorism suspects (Military Order, Nov. 13, 2001
6. permit wiretapping of conversations between federal prisoners and their lawyers (28 Code of Federal Regulations 501.3)
7. limit the disclosure of public documents and records under the Freedom of Information Act (Memorandum of Attorney general to Heads of all Federal Departments and Agencies, October 12, 2001; and
WHEREAS, communities across the country-including San Francisco, California; Berkeley, California; Santa Cruz, California; Boulder Colorado; Denver Colorado, Detroit Michigan, Flagstaff, Arizona; Madison, Wisconsin; Fairbanks, Alaska; Eugene, Oregon; Takoma Park, Maryland, Alachua County, Florida; Ann Arbor, Michigan; Santa Fe, New Mexico; Carrboro, North Carolina-have passed resolutions opposing those sections of the USA Patriot Act and associated executive orders that threaten our civil liberties; and
WHEREAS, the City of Sonoma affirms its strong opposition to terrorism, but also affirms its commitment to upholding the civil rights and liberties of all persons residing in Sonoma, as expressed in the Constitution of the United States and State of California.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SONOMA that the City of Sonoma affirms the civil rights granted to all of its residents-U.S. citizens and citizens of other nations alike-in accordance with the Bill of Rights and the Fourteenth Amendment of the United States Constitution; and
BE IT FURTHER RESOLVED that the Sonoma City Council encourages the Sonoma Police Department to continue its policy of:
- Respecting and protecting freedom of speech;
- Guaranteeing the right to counsel and due process in judicial proceedings;
- Prohibiting unreasonable searches and seizures; and
BE IT FURTHER RESOLVED that the City of Sonoma requests that federal and state law enforcement officials working within the City work cooperatively with the Sonoma Police Department, and abide by the Department's policies prohibiting racial profiling and detentions without charges, and regularly and publicly report to the City the extent and manner in which they have acted under the USA Patriot Act or the associated orders and rules of the executive branch, including the names of detainees held in the region or any Sonoma residents detained elsewhere; and
BE IT FURTHER RESOLVED that the City of Sonoma supports the efforts of individuals and organizations who have challenged various provisions of the USA Patriot Act in Federal and State courts; and
BE IT FURTHER RESOLVED that City of Sonoma employees and department heads are urged to follow their consciences as to whether or not they wish to assist or voluntarily cooperate with investigations, interrogations, or arrest procedures, public or clandestine, that are in violation of individuals' civil liberties as specified in the above Amendments to the United States Constitution e.g. City of Sonoma police officer conducting surveillance on or gathering information on religious or political meetings or rallies in the absence of evidence that the organization is involved in terrorism or some other illegal activity; and
BE IT FURTHER RESOLVED that law enforcement officials, public officials, and residents of Sonoma engage in and participate in community dialogue on civil liberties issues, in order to promote the safety and well being of the community of Sonoma; and
BE IT FURTHER RESOLVED that our Federal legislative delegation is petitioned to actively monitor the implementation of the USA Patriot Act and associated executive orders and actively work for repeal of those provisions which 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.
The foregoing Resolution was duly adopted this 5th day of March 2003, by the following vote:
Ayes: Barnett, Costello, Brown
Noes: Ashford, McKesson
Absent: None
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DICK ASHFORD, MAYOR
ATTEST:
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GAY RAINSBARGER, CITY CLERK