Community Resolution for East Lansing, MI

May 4, 2004

City of East Lansing
East Lansing, Michigan

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RESOLUTION

A Resolution to Affirm the City of East Lansing's Commitment to Civil Liberties

WHEREAS, the City of East Lansing is proud of its long and distinguished tradition of protecting the civil rights and liberties of its residents; and,

WHEREAS, the City of East Lansing has a diverse population, including immigrants and students, whose contributions to the community are vital to its economy, culture and civic
character; and,

WHEREAS, the preservation of civil rights and liberties is essential to the well-being of a democratic society; and,

WHEREAS, federal, state and local governments should protect the public from terrorist attacks such as those that occurred on September 11, 2001, but should do so in a rational and deliberative fashion to ensure that any new security measure enhances public safety without impairing constitutional rights or infringing on civil liberties; and,

WHEREAS, governmental actions that undermine fundamental civil liberties do damage to the American institutions and values that the residents of the City of East Lansing hold dear; and,

WHEREAS, the City Council of the City of East Lansing believes that there is no inherent conflict between national security and the preservation of liberty -- Americans can be both safe and free; and,

WHEREAS, federal policies adopted since September 11, 2001, including certain provisions in the USA PATRIOT ACT and related executive orders, regulations and actions are believed to impact fundamental rights and liberties.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Lansing affirms its strong support for fundamental constitutional Tights and its opposition to governmental actions that infringe on civil liberties.

IT IS FURTHER RESOLVED that the City Council of East Lansing affirms its opposition to governmental actions that target individuals, groups or organizations for legal scrutiny or enforcement activity based solely on their religion, race, country of origin, or political viewpoint.

IT IS FURTHER RESOLVED that the City Council of East Lansing urges public schools and institutions of higher learning within the City of East Lansing to provide notice to individuals whose education records have been obtained by law enforcement agents
pursuant to section 507 of the USA PATRIOT ACT;

IT IS FURTHER RESOLVED that the City Manager shall post at the East Lansing Public Library in a prominent place within the library, a notice to library users as follows: "WARNING: Under Section 215 of the federal USA PATRIOT ACT, records of the books and other materials you borrow from this library may be obtained by federal agents. Federal law prohibits librarians from informing you if
records about you have been requested or obtained by federal agents. Questions about this policy should be directed to: Attorney General, Department of Justice, Washington, DC 20530;"

IT IS FURTHER RESOLVED that the City Council of the City of East Lansing directs that a copy of this resolution be transmitted to all members of the federal congress; President George Bush; Governor Jennifer Granholm; Michigan Attorney General Mike Cox; State Senators Virgil Bernero and Valde Garcia; and, State Representatives Gretchen Whitmer, Scott Hummell, and Larry Julian urging them to ensure that anti-terrorism laws and policies are implemented in a manner that does not infringe on civil liberties and to:
 

support Congressional efforts to assess the impacts of the USA PATRIOT ACT

monitor federal anti-terrorism tactics and work to repeal provisions of the USA PATRIOT ACT and other laws and regulations if they infringe on civil rights and liberties

ensure that provisions of the USA PATRIOT ACT 93sunset921 in
accordance with the provisions of the Act.

take a lead in Congressional action to ensure that the Domestic Security Enhancement Act, known as 93Patriot II,94 if passed, does not permit the infringement on civil liberties.

IT IS FURTHER RESOLVED that the City Council of East Lansing directs the City Manager to seek, on an annual basis from city staff and federal authorities, under the Freedom of Information Act, if necessary, the following information in a
form that facilitates an assessment of the effects of federal anti-terrorism efforts on the residents of the City of East Lansing and to thereafter report the results of the inquiry to the City Council and the citizens of the City of East Lansing:

(a) The number of residents of the City of East Lansing who have been arrested or otherwise detained by federal authorities as a result of terrorism investigations since September 11, 2001; the location of each detainee; the circumstances that led to each detention; the charges, if any, lodged against each detainee; and whether the resident has been provided legal counsel.
(b) The number of search warrants that have been executed in the City of East Lansing without notice to the subject of the warrant pursuant to section 213 of the USA PATRIOT ACT;
(c) The incidences of electronic surveillance carried out in the City of East Lansing under powers granted in the USA PATRIOT ACT;
(d) The incidences to which federal authorities are monitoring political meetings, religious gatherings, or other activities protected by the First Amendment within the City of East Lansing;
(e) The number of times education records have been obtained from public schools and institutions of higher learning in the City of East Lansing under section 507 of the USA PATRIOT ACT;

(f) The number of times library records have been obtained from libraries in the City of East Lansing under section 215 of the USA PATRIOT ACT;
(g) The number of times records of the books purchased by store patrons have been obtained from booksellers in the City of East Lansing under section 215 of the USA PATRIOT ACT;
(h) The number of times records of East Lansing businesses have been obtained under provisions of the USA PATRIOT ACT.

IT IS FURTHER RESOLVED that the City Manager shall make accessible to the public the city92s policies and procedures of the police department which protect civil liberties and to inform the City Council of any significant changes in the policy.

Sharon A. Reid, City Clerk

Mark S. Meadows, Mayor

Adopted: May 4,2004

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