Community Resolution for Elko, NV

July 14, 2005
A Resolution of the Elko City Council Relating to the USA Patriot Act (Public Law 107-56), the Bill of Rights, the Constitution of the State of Nevada and the Civil Liberties, Peace, and Security of the Citizens of Our Country: No. 2-04

Whereas, the City of Elko recognizes the Constitution of the United States as the governing law of the land and the Bill of Rights as guaranteeing inalienable rights of Americans, including the freedoms of religion, speech, the press, assembly, privacy, and petitioning the government for redress of grievances; and,

Whereas, each of the City's duly elected public servants has sworn to defend and uphold the United States Constitution and the Constitution of the State of Nevada; and,

Whereas, the City of Elko denounces and condemns all acts of terrorism, wherever occurring; and,

Whereas, any new security measures resulting from the attacks against the United States that occurred on September 11, 2001 should be carefully designed and employed by federal, state, and local governments to enhance public safety without infringing on the civil liberties and rights of innocent citizens of the City of Elko or the nation; and,

Whereas, certain provisions of the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism of 2001," also known as the USA Patriot Act, as well as several executive orders may allow the federal government to conduct surveillance on and detain citizens without adequate constitutional safeguards; and

Whereas, further provisions contained in the draft legislation entitled the "Domestic Security Enhancement Act of 2003," also known as Patriot Act II, and the draft legislation entitled the "Vital Interdiction of Criminal Terrorist Organizations Act of 2003," also known as the Victory Act appear to contain a multitude of new extra-constitutional law enforcement and intelligence-gathering powers

Now, Therefore, Be It Resolved that the City of Elko affirms its strong opposition to terrorism, but also affirms that any efforts to end terrorism must not be waged at the expense of the fundamental civil liberties, rights, and freedoms of the people of the City of Elko and the United States; and,

Be it further resolved, that it is the policy of the City of Elko 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, in accordance with Nevada State, County, or City policy, and agency or instrumentality of the City of Elko may not without reasonable suspicion of criminal activity, except as authorized by City charter, code, or ordinance:

1. initiate, participate in, assist, or cooperate with any inquiry, investigation, surveillance, or detention; ·freedom of religion, speech, assembly;
2. record, file, or share intelligence information concerning a person or organization, including library lending or research records, book and video store sales and rental records, medical records, financial records, student records, and other personal data, even if authorized under the USA Patriot Act;
3. retain such intelligence information; and

Be it further resolved, that an agency or instrumentality of the City may not:

1. use State, County, or City resources or institutions for the enforcement of federal immigration matters, which are the responsibility of the federal government;
2. collect or maintain information about the political, religious, or social views, associations, or activities of any individual, group, association, organization, corporation, business, or partnership, unless the information relates directly to an investigation of criminal activities based on reasonable suspicion of criminal contact;
3. engage in racial, religious, or ethnic profiling nor use national origin or any other identifiable characteristic(s) as factors in selecting individuals or groups to target for investigation except when race, religion, ethnicity, or national origin is part of the description of a specific suspect and

Be it further resolved, that the City of Elko urges Congress to reconsider any portion of the USA Patriot Act that may violate the rights and liberties guaranteed equally under the State and Federal Constitutions; and,

It is further resolved, that this Resolution shall be effective and shall be enforced immediately upon its adoption, and that upon adoption of this Resolution by the Elko City Council it shall be signed by the Mayor and attested to by the City Clerk.

Make a Difference

Your support helps the ACLU stand up for human rights and defend civil liberties.

Give Now

 

Statistics image