Resolution No. 19583
RELATING TO THE PATRIOT ACT; AFFIRMING THE CITY OF TUCSON'S COMMITMENT TO PRESERVING THE RIGHTS GUARANTEED BY THE FEDERAL CONSTIUTION; EXPRESSING CONCERN THAT THE PATRIOT ACT INFRINGES ON CONSTITUTIONALLY PROTECTED RIGHTS; AND CALILNG UPON ARIZONA'S CONGRESSIONAL DELEGATION TO MONITOR THE IMPLEMENTATION OF THE PATIORT ACT AND ADVOCATE THE RIGHTS GUARANTEED BY THE CONSTITUTION; AND DECLARING AN EMERGENCY
WHEREAS, the City of Tucson recognizes the Constitution of the United States of America to be the supreme law of the land, which all public servants have sworn to uphold; and
WHEREAS, the City of Tucson has a long and proud tradition of upholding the free exercise and enjoyment of the inalienable rights guaranteed to all persons by the Bill of Rights of the Constitution of the United States of America and by the Universal Declaration of Human Rights; and
WHEREAS, the City of Tucson greatly benefits from the many contribution s of its highly diverse population, which includes citizens from around the world and is vital to our City's unique character; and
WHEREAS, the City of Tucson affirms its strong opposition to terrorism, but also affirms that any efforts to oppose terrorism not be waged at the expense of civil rights and liberties of people of Tucson and the United States; and
WHEREAS, provisions of the USA PATRIOT Act expand the authority of the Federal Government to detain and investigate, and engage in the electronic surveillance of, United States citizens and non-citizens and threatens our civil rights and liberties guaranteed under the United States Constitution; and
WHEREAS, the City of Tucson recognizes that an infringement of the constitutionally guaranteed rights of any person under the color of law is an abuse of power, a breach of public trust, a misappropriation of public resources, and a violation of civil rights and must be beyond the scope or governmental authority; and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TUCSON, ARIZONA, AS FOLLOWS:
SECTION 1. The Mayor and Council of the City of Tucson remains firmly committed to the protection of civil rights and civil liberties for all people. The City of Tucson will completely avoid unlawful discrimination in every function of City government and vigorously uphold the constitutionally protected rights of all persons to peacefully protest and express their political views.
SECTION 2. The City of Tucson joins communities across the nation in expressing concern that the USA PATRIOT Act threatens civil rights and liberties guaranteed under the United States Constitution.
SECTION 3. All of the City of Tucson government Departments shall affirm strong commitments to preserving residents' freedom of speech, assembly, religion, and privacy, the right to counsel and due process in judicial proceedings, and the protection against unreasonable searches and seizures.
SECTION 4. Any Federal, State, or County law enforcement officials acting within the City of Tucson are requested to work in accordance with the City policies and procedures, and, when cooperating with City Departments, to honor and guarantee the constitutional rights of all Tucson residents.
SECTION 5. Our Congressional delegation is called upon to monitor the implementation of the USA PATRIOT Act herein and to act as advocates for the protection of constitutional rights.
SECTION 6. WHEREAS, it is necessary for the preservation of the peace, health and safety of the City of Tucson that this resolution become immediately effective, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption.
PASSED, ADOPTED, AND APPROVED BY THE MAYOR AND THE COUNCIL OF THE CITY OF TUCSON, ARIZONA MAY 5, 2003.