CITY OF AUBURN HILLS
EXPRESSING CONCERN THAT PORTIONS OF THE USA PATRIOT AND HOMELAND SECURITIES ACTS POSE A DIRECT THREAT TO THE LIBERTIES AND CIVIL RIGHTS PROTECTED BY THE UNITED STATES CONSTITUTION
At a regular meeting of the City Council of the City of Auburn Hills, Oakland County, Michigan, held in the Council Chambers at 1827 N. Squirrel Road, Auburn Hills MI 48326 at 6:30 p.m., on the 2nd day of February, 2004
The following resolution was offered by Council Member Knight and supported by Council Member Pillsbury:
WHEREAS, the City of Auburn Hills recognizes the Constitution of the United States of America to be the ""Supreme Law of the Land"", superceding all commercial codes, laws of commerce, admiralty law, laws merchant, administrative rules, local codes and ordinances, state statutes, public and congressional acts, complied and federal laws; and
WHEREAS the City of Auburn Hills desires to maintain its dedication to the free exercise and enjoyment of the unalienable rights endowed to all mankind by their Creator, as so expressed in the Declaration of Independence, the Constitution and the Bill of Rights of the United States of America; and
WHEREAS the City of Auburn Hills recognizes the equality of all persons and embraces a population of unique Citizens and non-citizens having diverse ethnic and racial origin and religious beliefs; and
WHEREAS the City of Auburn Hills affirms its strong opposition to terrorism, but also affirms that any efforts to end terrorism not be waged at the expense of essential liberties and civil rights of the people of Auburn Hills, the State of Michigan and the United States of America; and
WHEREAS certain provisions of the USA Patriot and the Homeland Security Acts, expand the power of the Federal Government to detain and investigate, engage in covert electronic surveillance and search and seize real and personal property, bank accounts, records and information, without establishing reasonable suspicion or probable cause and to further deny persons' right to take legal action against the government or other parties for violations of rights, in such manner as to threaten the lives, liberties and civil rights of Citizens and non-citizens guaranteed under the United States Constitution; and
WHEREAS the City of Auburn Hills recognizes the importance of not infringing on the constitutionality guaranteed rights of any person; and
WHEREAS the City of Auburn Hills is firmly committed to the protection of the unalienable rights and civil liberties for all people, it is the policy of this City to completely avoid discrimination in every function of City government and to vigorously uphold the constitutionally protected rights of all persons to peacefully protest and express their political views without government interference; and
WHEREAS it is the policy of the City of Auburn Hills Police Department and their law enforcement personnel (Police) to ensure the equal protection of the laws and to require that Police shall not act in such a manner as to deprive any citizen or non-citizen of their constitutional rights, and shall not evidence bias in the performance of their duties; and
WHEREAS the City of Auburn Hills Police Department policies recognize that a well informed public is essential to the existence of a Constitutional Republic, and that the Chief of Police, as custodian of the Police Department records has the duty to maintain and dispose of such records in accordance with the Freedom of Information Act, with due regard for the privacy and reputation of the subject of the record.
NOW THEREFORE BE IT RESOLVED THAT the City Council reaffirms that it is the policy of the City of Auburn Hills Police Department not to engage in random profiling based on race, ethnicity, citizenship, religion, or political values, and to that end, the Auburn Hills Police Department will not engage in random interviews of any person solely based on their country of origin, race, religion, sex or any other characteristics unless there is specific evidence linking that person to an illegal act; and
NOW THEREFORE BE IT RESOLVED THAT the City of Auburn Hills City Council directs the City Clerk transmit to the Auburn Hills City Council, no less than once every six months, a summary of information obtained to the USA Patriot and Homeland Securities Acts; and
BE IT FURTHER RESOLVED that the City of Auburn Hills joins communities across the nation in expressing concern that portions of the USA Patriot and Homeland Securities Acts pose a direct threat to the liberties and civil rights protected by the United States Constitution; and
BE IT FINALLY RESOLVED THAT a copy of this resolution be presented to the Governor and Attorney General of the State of Michigan, the President, Attorney General and Congress of the United States of America and that our congressional representatives be advised of their solemn commitment to abide by the Constitution and repeal those sections of the USA Patriot and Homeland Security Acts which violate the People's liberties and civil rights and to the Auburn Hills Library Board for their information and possible action.
AYES: Mayor Harvey-Edwards, Mayor Pro Tem Pillsbury, Council Members
Knight, Luenberger, Newkirk
NAYS: Council Member McDonald
ABSENT: Council Member Kittle
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, the undersigned, the duly appointed City Clerk for the City of Auburn Hills, Oakland County, Michigan do hereby certify that the foregoing is a true and complete copy of a resolution adopted at a regular meeting of the Auburn Hills City Council held on the 2nd day of February, 2004.
IN WITNESS WHEREOF, I have hereunto affixed my official signature on this 3rd day of February, 2004.
Linda F. Shannon, City Clerk
O:\clerks\CITY COUNCIL\RESOLUTIONS\04Opposing Patriot Act.DOC