Community Resolution for Calistoga, CA

July 14, 2005
Resolution of the City Council of the Calistoga, County of Napa, State of California in Defense of the Constitutional Rights of the Citizens of Calistoga

Whereas, the City of Calistoga and its citizens are governed by the United States Constitution, and the California State Constitution; and

Whereas, the City affirms the United States Constitution and its Bill of Rights are the foundation of our democracy; and

Whereas, every member of the Calistoga City Council took an oath to defend the Constitution of the United States and the Constitution of the State of California against all enemies foreign and domestic; and

Whereas, the fundamental rights and liberties guaranteed therein are essential to the well being of the citizens and community of Calistoga; and

Whereas, the City of Calistoga houses a diverse population, including non-citizens, whose contributions to the community are vital to its character and function, therefore local law enforcement personnel who may be involved in the enforcement of federal immigration law should continue to pursue actions which are fair and will foster positive relations between immigrant communities and the police; and

Whereas, the City of Calistoga strongly affirms its opposition to terrorism and supports the need to defend our freedoms; it also affirms that efforts to oppose terrorism must be weighed against their affect upon the liberties guaranteed by the United States Constitution and the Bill of Rights; and

Whereas, the City of Calistoga recognizes that some aspects of rights granted by the United States Constitution and Bill of Rights are effected by sections of the USA PATRIOT ACT, the Homeland Security Act, and by recent presidential executive orders which, among other things:

Enhances the government's ability to wiretap telephones, monitor e-mail communications, and survey personal records;
Gives law enforcement expanded authority to obtain library records, and prohibits librarians from informing patrons of monitoring or information requests;
Authorizes the Attorney General and the U.S. Secretary of State to designate local domestic groups as ""terrorist organizations"", modifies regulations regarding FBI sponsored covert surveillance counter-intelligence operations against targeted domestic groups and individuals;
Establishes military tribunals, and authorizes detention of individuals without trial or charge and without legal representation;
Authorizes monitoring of certain communications between lawyers and their clients in federal custody;
Allows the government to seize the assets of individuals or organizations engaging in or accused of planning an act of domestic terrorism without prior notice or hearing; and

Whereas, City policy allows the Calistoga City Council to take a position on issues which are state or national in scope if the particular issue directly relates to the City's ability to govern and/or provide services to its residents; and

Whereas, the City of Calistoga adheres to the principle that no law enforcement agency, or any other City agency, may profile or discriminate against any person solely on the basis of ancestry, race, ethnic or national origin, color, age, sexual orientation, gender, physical or mental disability, religion or apparent socio-economic status; and

Whereas, many communities around the Country have passed resolutions reinforcing local efforts to support and defend legal and human rights of their residents.

Now therefore, be it resolved, by the City Council of the City of Calistoga that it has been, and remains firmly committed to the protection of civil rights and civil liberties for all and affirms its commitment to embody democracy and to embrace, defend, and uphold the inalienable rights and fundamental liberties granted under the United States and the California State Constitution; and

Be it further resolved that the City Council of the City of Calistoga wishes for the local law enforcement to continue to preserve and uphold resident's freedom of speech, assembly, association, and privacy rights, as well as the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested to do otherwise by federal or state law enforcement agencies acting under powers created by the USA PATRIOT ACT or by Executive Orders; and

Be it further resolved that the City Council of the City of Calistoga urges law enforcement officials, public officials, and Calistogans engage in and participate in community dialogue on civil liberties issues, in order to promote the safety and well-being of Calistoga; 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 to revisit and revise or repeal any 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 the Governor's office, and the California federal legislative delegation.

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