HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/18/2003 - RESOLUTION 2003-039 AFFIRMING THE CITYS OPPOSITION AGENDA ITEM SUMMARY ITEM NUMBER: 30
DATE: March 18, 2003
FORT COLLINS CITY COUNCIL FROM: Steve Roy
Karen Stevens
SUBJECT:
Resolution 2003-039 Affirming the City's Opposition to Terrorism and Commitment to Civil
Rights.
RECOMMENDATION:
No recommendation.
EXECUTIVE SUMMARY:
In October 2001, the USA PATRIOT Act (the "Act") was signed into law. It was adopted in
response to the September 11 terrorist attacks in an attempt to provide investigators with tools to
prevent future attacks. The Act was an enormous bill that amended more than 15 different
federal statutes. Some of these amendments have elicited significant public debate and concern
as to their impact on civil liberties and the Bill of Rights. In response to these concerns, a
number of municipalities have passed resolutions which reaffirm their commitment to the civil
rights and civil liberties of their citizens.
BACKGROUND:
At the February 18, 2003, Council meeting, the City Attorney was directed to prepare for
Council consideration, a resolution addressing the Act, its implications for the City, and its
potential effect on the civil liberties of City residents. In response to that direction, the City
Attorney has brought forward a proposed resolution, together with the following analysis of
some of the issues presented by the Act.
The Act has modified several different federal statutes. The modifications receiving the most
public scrutiny are those that relate to criminal investigations and foreign intelligence
investigations, as well as those that deal with the deportation and detainment of foreign
nationals.
A. Criminal and Foreign Intelligence Investigations
Since 1978, when the Foreign Intelligence Surveillance Act ("FISA") was adopted, federal law
has formally distinguished between criminal investigations and foreign intelligence
investigations. In either type of investigation, there are several different mechanisms that law
enforcement officers employ to obtain information: wiretap/intercept orders, which authorize
the interception of "real time" communications; trap and trace/pen register orders, which allow
for the identification of telephone numbers dialed to and from a telephone; search warrants,
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which authorize the search and seizure of property; and subpoenas, which compel the production
of tangible things. Each of these mechanisms has its own procedure and standard of proof, and
the procedures and standards of each mechanism differ depending on the type of investigation
being conducted. The Act affects both criminal investigations and foreign intelligence
investigations.
Below is an outline of the standards and procedures for each of the mechanisms affected by the
Act.
Criminal Investigations
1. Wiretap/Intercept orders
a. Pre-Act Process
Interception is permissible only in accordance with a court order. A court order is
issued only upon a finding that there is probable cause to believe the target
committed a "predicate offense" (one of a number of crimes listed in the statute).
The court order prescribes the duration and scope of the order, the conversations
to be seized, and the efforts required to be taken to minimize the seizure of
innocent conversations. The court notifies the parties to any seized conversation
after the expiration of the order.
b. Changes under the Act
The Act adds terrorism and computer crimes to the list of predicate offenses. It
allows monitoring of the content of email to and from a trespasser within a
computer system, with permission of the computer owner, without the need to
follow the process outlined above. The Act also exempts voicemail from the
protections outlined in subparagraph (a) and permits, instead, for voicemail to
be treated in the same manner as stored email.
2. Trap &Trace/Pen Registers
a. Pre-Act Process
These orders are available upon government certification (no finding by the court
required) that the use is likely to produce information relevant to the investigation
of any crime. Prior to the Act, the orders had to be issued by a court in the same
jurisdiction as the telephone to be traced. No notification to the participants is
required.
b. Changes under the Act
The Act makes pen register/trap and trace orders available to trace email and
web browsing information. Further, it allows for the nationwide:execution of
such orders.
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3. Searches and Seizures
a. Stored E-mail
(1) Pre-Act Process
Access to the content of stored email is permitted only upon a showing
of probable cause that the information is relevant to criminal
investigation. Access to the content of email stored over 180 days is
permitted upon a showing of reasonable grounds to believe
information was relevant to a criminal investigation.
(2) Changes under the Act
The Act allows for nationwide execution of a search warrant issued
by a court in the district where offense occurred.
b. Property
(1) Pre-Act Process
A court may issue a warrant upon finding probable cause of
criminality. Prior to the Act, warrants generally had to be obtained in
the same jurisdiction as the property to be searched. Officers were
required to notify the person(s) whose premises were searched at the
time of the search or soon thereafter.
(2) Changes under the Act
The Act allows for the nationwide execution of
warrants issued in investigations involving terrorism. It
also makes it possible to delay notice of the search.
4. Subpoena
a. Pre-Act Process
Access to record information (subscribers' names and addresses,
telephone numbers and billing records) is available upon issuance of a
subpoena.
b. Changes under the Act
The Act expands the information available through subpoena to include
session times and durations, temporary network addresses, means and
sources of payment (bank account and credit card numbers).
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Foreign Intelligence Investigations
1. Wiretap/Intercept Orders
a. Pre-Act Process
Any criminal information obtained through the surveillance could be
turned over law enforcement. Prior to the Act, surveiltanc6•er4ers could
be issued only upon government certification that: (1) the purpose of the
surveillance was to obtain foreign intelligence information; and (2) the
target was a foreign power. The court order had to identify the
instrument, facility or place where surveillance was to occur and require
that custodians complying with the order do nothing to jeopardize the
investigation.
b. Changes under the Act.
Under the Act, the government must only certify that foreign intelligence
information is a "significant purpose" for the surveillance, not the
purpose of the surveillance; there is no longer a requirement that the
target is a foreign power. In addition, the Act expands the duration of
the surveillance orders. Finally, it eliminates the requirement that the
order specify the facility, instrument or place where surveillance is to
occur if the court finds the target is likely to thwart identification with
particularity ("roving" surveillance).
2. Trap &Trace/Pen registers
a. Pre-Act Process
Prior to the Act, the orders could be issued only upon a showing of
relevance and a showing that the communication device had been used by
an "agent of a foreign power".
b. Changes under the Act
The orders may be issued if relevant to an investigation to protect against
terrorism as long as the grounds for the warrant are not based solely on an
American's exercise of his/her First Amendment rights. (There is no
longer a need to show that the communication device is/was used by a
foreign power).
3. Searches and Seizures
a Pre-Act Process
Prior to the Act, federal intelligence officers were required to seek a court
order in order to access car rental, storage or hotel accommodation
records.
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b. Changes under the Act
Federal intelligence officers are now able to access "any tangible item"
from any business on any investigation to protect against terrorism or
clandestine intelligence activities.
In addition to the above, the Act also expands the ability of law enforcement officers to share
information with intelligence officers and vice versa. Prior to the Act, matters before a grand
jury (a process in the realm of criminal investigations) were secret and could only be disclosed
by the attending attorney for the government in the performance of his/her duties. The Act
permits intelligence information obtained in grand jury proceedings to be shared with any law
enforcement, intelligence, immigration or national security personnel, as long as notice is given
to the court. In addition, federal officers may share information with law enforcement officers
that relates to criminal activity obtained via a FISA wiretap order, which orders are issued under
a much lower standard than criminal wiretap orders.
B. Deportation and Detainment
In addition to the changes relating to investigations, the amendments that affect the detainment
and deportation of foreign nationals (aliens) have stirred significant discussions around the
country. Historically, foreign nationals were deportable from the United States, among other
grounds, if they were inadmissible at the time they entered the country. Grounds for
inadmissibility always included terrorism-related reasons. However, the Act adds the following
to the previous list of terrorism-related grounds: espousing terrorist activity; being the spouse or
child of an inadmissible foreign national associated with a terrorist organization; associating
with a terrorist organization and intending to engage in conduct dangerous to the welfare, safety,
or security of the United States. It is this last ground that has caused the most opposition,
because the Act leaves it to the Attorney General and Secretary of the State to determine whether
or not someone intends to engage in conduct dangerous to the United States.
Further, the Act amends the law to permit the Attorney General to detain an alien he certifies as
a threat to national security for up to seven days. Within that time, the Attorney General must
initiate removal or criminal proceedings or release the alien. If the Attorney General commences
either criminal or removal proceedings, the Act provides for mandatory detention of that alien
pending the outcome of the proceedings.
C. Effects on City Operation.
There are not many provisions of the Act that are likely to directly affect City operations.
However, the City, as an organization, could possibly be affected in the following ways:
The changes to the law relating to criminal investigations may affect the ways in which local
officers may legally conduct investigations that are governed by federal statutes. For example,
local officers that are "deputized" by federal agencies would be authorized to conduct their
investigations under the federal statutes.
Of greater possible significance to the City are the provisions of the Act that amend FISA
wiretap/intercept orders to permit "roving surveillance" in foreign intelligence investigations.
Prior to the Act, a wiretap order was required to identify the instrument, facility or place where
surveillance was to occur. Accordingly, unless an individual or business was specifically named
in the order, the business or person need not comply. Under the Act, in certain circumstances
March 18, 2003
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where the target is likely to thwart identification with particularity, a federal intelligence
investigator may present an intercept order to any third party and require that they help with the
wiretap. It is this provision, in particular, which has caused the greatest concern to libraries
across the nation. Potentially, librarians could be ordered to install a wiretap on a public
computer to help trace information. In the face of such an order, a City employee would have no
legal alternative but to comply with the order.
In addition, even when City operations are not involved, the provisions of the Act may clearly
impact residents of the City who become the target of a federal investigation.
D. Possible Council Actions
Several cities have passed resolutions in response to the Act. Some of these resolutions, like the
resolution passed by the city council of Leverett, Massachusetts, strongly denounce the USA
PATRIOT Act; others, like the resolution passed by the City of Denver, simply reaffirm the
city's commitment to the protection of civil rights. (Copies of both the Leverett and Denver
resolutions are included in the agenda materials, together with resolutions adopted by the cities
of Boulder, Colorado and Seattle, Washington.)
The passage of any local resolution on this subject is primarily for the purpose of making a
statement as to the City's position with regard to the issues raised by the Act, since
municipalities obviously do not have the authority to compel compliance with such a resolution
by federal investigators.
The resolution proposed for Council consideration, which is patterned after models from Denver
and other cities, contains provisions which:
(1) approach the Act from a policy standpoint;
(2) oppose terrorism, support the government's efforts to combat terrorism and
support the men and women serving in our armed forces;
(3) acknowledge the City's respect for, and adherence to, constitutional safeguards
and the civil rights and civil liberties of City residents and all people; and
(4) oppose any legislative measures which infringe upon such civil rights and
liberties or single out individuals for legal scrutiny or enforcement activity based solely on their
country of origin, religion,ethnicity or immigration status.
• RESOLUTION 2003-039
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AFFRU IING THE CITY'S OPPOSITION TO TERRORISM
AND COMMITMENT TO CIVIL_RIGHTS
WHEREAS,the United States Congress passed the USA Patriot Act(PL 107-56)on October
26, 2001, following the horrific attacks on America of September 11, 2001; and
WHEREAS, the City of Fort Collins (the "City") denounces terrorism, and acknowledges
that federal, state and local governments have a responsibility to protect the public from terrorist
attacks; and
WHEREAS, it is imperative that a legislative response to the terrorist attacks be rational,
deliberative and lawful, so as to ensure that any new security measures established by such
legislation enhance public safety without impairing constitutional rights or infringing upon civil
liberties; and
WHEREAS, the provisions of the USA PATRIOT Act expand the authority of the federal
govemment to detain and investigate citizens and non-citizens and engage in electronic surveillance
of citizens and non-citizens; and
• WHEREAS,the Bill of Rights of the United States Constitution guarantees all people living
in the City of Fort Collins freedom of speech,assembly and privacy,equality before the law and the
presumption of innocence,access to counsel and due process in judicial proceedings,and protection
from unreasonable searches and seizures; and
WHEREAS, the preservation of civil rights and civil liberties is essential to the well-being
of any democracy; and
WHEREAS, this is particularly true during times of conflict when such rights and liberties,
especially those of immigrants and ethnic minorities, may be threatened, intentionally or
unintentionally, in the interest of national security or patriotic zeal; and
WHEREAS, law enforcement and security measures that undermine fundamental rights do
irreparable damage to the American institutions and the values of equal justice and freedom that the
residents of the City hold dear.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City opposes global terrorism and hereby states its unqualified
support for the men and women serving in our armed forces.
Section 2. That the City supports the government of the United States of America in its
. campaign against global terrorism, and also reaffirms its commitment that such campaign not be
waged at the expense of essential civil rights and liberties of the people of the United States.
Section 3. That the City reaffirms its unwavering support for the fundamental,
constitutionally protected civil rights and liberties of all its residents and is firmly committed to the
protection of civil rights and civil liberties for all people.
Section 4. That the City opposes any legislative measures,whether local, state or federal,
which infringe upon such civil rights and liberties, or single out individuals for legal scrutiny or
enforcement activity based solely on their country of origin, religion, ethnicity or immigration
status.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
18th day of March, A.D. 2003.
Mayor
ATTEST:
City Clerk
MODEL RESOLUTION RECEIVED FROM COLINCILMEMBER ROY
Resolution to Make Ft. Collins a Civil Liberties Safe Zone
WHEREAS the people of Fort Collins, Colorado, are dedicated to defending the Constitution
of the United States, in particular:
1. The right of free speech and the right to peacefully assemble guaranteed by the First
Amendment,
2. The requirement of probable cause and the prohibitions against unreasonable search and
seizure guaranteed by the Fourth Amendment,
3. The right of due process and protection from indefinite incarceration without a trial
guaranteed by the Fifth Amendment,
4. The right to a prompt and public trial guaranteed by the Sixth Amendment, and
5. The prohibition against cruel and unusual punishment guaranteed by the Eighth
Amendment, and
WHEREAS the people of Fort Collins oppose:
1. Wiretaps and intemet surveillance without anyjudicial supervision,
2. Secret searches without a warrant,
3. Unrestricted access by the FBI to any type of data existing in any system anywhere, such
as medical records, financial records, and library records,
4. Allowing the CIA to target people in this country for intelligence surveillance,
5. Indefinite detention of anyone designated by the U.S. Attorney General, Defense
Secretary, or CIA Director as an "enemy combatant",
6. Deportation of any immigrant certified by the U.S. Attorney General as a"risk", and
7. Allowing the federal government to take away the people's right to privacy and then
assume for its own operations a right to total secrecy,
• THEREFORE be it resolved that the City of Fort Collins, Colorado, is hereby declared a
Civil Liberties Safe Zone and the rights guaranteed to its people by the Bill of Rights of the
United States Constitution shall remain in effect. Furthermore, be it resolved that:
1. All Fort Collins officials and the Fort Collins police, to the extent legally possible, shall
refrain from enforcement of the provisions of the USA PATRIOT Act and executive
orders which are in violation of our constitutional rights;
2. The Fort Collins police, to the extent legally possible, shall preserve the rights of Fort
Collins residents' freedom of speech, assembly, privacy, and lawful political protest;
shall preserve their tights to counsel and due process in judicial proceedings, their right to
protection from unreasonable searches and seizures; and shall refrain from racial, ethnic,
or religious profiling and detentions without charges in the fulfillment of their law
enforcement responsibilities;
3. The Fort Collins City Council shall communicate in writing to President George Bush,
Senators Ben Nighthorse Campbell and Wayne Allard, and Representative Marilyn
Musgrave its desire that they work to repeal those provisions of the USA PATRIOT Act
and any and all provisions of other federal legislation and executive orders that violate
the fundamental rights and liberties embodied in the United States Constitution;
4. The Fort Collins City Clerk shall send copies of this resolution to the President of the
United States, our two Senators and our Representative in the United States Congress, the
Attorney General of the United States, the local U.S. Attorney's office, the Governor of
Colorado, and the Attorney General of Colorado.
• Article Twenty-one, Leverett, Massachusetts, 228th Annual Town Meeting
Calling on local government to defend state and federal Constitutions from
threats imposed upon them by the USA PATRIOT Act
Whereas, the Bill of Rights of the United States Constitution and the Constitution of
Massachusetts guarantee those living in the United States the following rights:
• Freedom of speech, assembly and privacy;
• The rights to counsel and due process in judicial proceedings; and
• Protection from unreasonable searches and seizures; and
Whereas, we believe these civil liberties are precious and are now threatened by
A. The USA PATRIOT Act, which
• All but eliminates judicial supervision of telephone and Internet surveillance;
• Greatly expands the government's ability to conduct secret searches;
• Gives the Attorney General and the Secretary of State the power to designate
domestic groups as "terrorist organizations"; and
• Grants the FBI broad access to sensitive medical, mental health, financial and
educational records about individuals without having to show evidence of a crime
and without a court order; and
B. Federal Executive Orders, which
• Establish secret military tribunals for terrorism suspects;
• Permit wiretapping of conversations between federal prisoners and their lawyers;
• Lift Justice Department regulations against illegal COINTELPRO-type operations
by the FBI(covert activities that in the past targeted domestic groups and
individuals); and
• Limit the disclosure of public documents and records under the Freedom of
Information Act; and
Whereas, this law and these Executive Orders particularly target foreign nationals and
people of Middle Eastern and South Asian descent, but could affect any one of us in the
U.S.A. acting and speaking legally in opposing government policy; and
Whereas, the Executive Order on secret military tribunals also undermines the U.S.
governmentfs ability to denounce atrocities carried out in secret by military tribunals
elsewhere in the world; and
}
S
Whereas, several law enforcement officials, including previous heads of the FBI, have
decried the USA PATRIOT Act and these Executive Orders as unnecessary to the
prosecution of,and protection from, terrorism;
Therefore, we the people of Leverett, Massachusetts,call on our local government to act
in the spirit of our state and federal Constitutions by asking local and state police, the
local U.S. Attorney's office, and the FBI to:
1. Report to citizens regularly and publicly the extent to and manner in which they
have acted under the USA PATRIOT Act, new Executive Orders, or
COINTELPRO-type regulations,including disclosing the names of any detainees;
2. End racial profiling in law enforcement and detentions without charges;
3. Not participate, to the extent legally permissible, in law enforcement activities {
that threaten civil rights and civil liberties of the people of Leverett, such as
surveillance, wiretaps, and securing of private information, which the Act and
Orders authorize; and
Therefore,we the people of Leverett, Massachusetts, call on our local government to:
4. Openly work for the repeal of the parts of the Act and Orders that violate civil
rights and civil liberties.
5. Ask the Town Clerk to notify the above authorities of our action in this regard.
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Resolution No.13,Series of 2002
Expressing the Commitment of the City and County of Denver to Civil Rights and Liberties
WHEREAS,following the attacks on America of September 11,2001 the Congress passed the USA Patriot Act(PL107-56)on October 26,
and
EAS, the provisions of the USA Patriot Act expand the authority of the federal government to detain and investigate citizens and
non-citizens and engage in electronic surveillance of citizens and non-citizens;and
WHEREAS, many people throughout communities across the nation, including Denver, are concerned that certain provisions in the USA
Patriot Act threaten civil rights and liberties guaranteed under the United Stales Constitution;and
WHEREAS,the City and County of Denver has been,and remains, committed to the protection of civil rights and liberties for all people as
9xpressed in the United States and the Colorado Constitutions;and
VHEREAS, the policy of the Denver Police Department is that all detentions or stops must be supported by reasonable suspicion that a
.rime has been committed or is about to be committed, and that all arrests and searches of person and/or property by officers in Denver
must be based on a showing of probable cause, as required by the Fourth Amendment of the U.S. Constitution and Article 11.Section 7 of
'.he Colorado Constitution, and the Mayor, Manager of Safety,and Chief of Police have confirmed to the Council that this policy is and will
--emain in full force and effect;and
WHEREAS, the policy of the Denver Police Department is, further,that officers shall not consider race,ethnicity, national origin,age,sex.
sexual orientation, or religion as a sole basis for establishing reasonable suspicion, probable cause, or a basis for requesting consent to
search,and the Mayor.Manager of Safety,and Chief of Police have confirmed to the Council that this policy is and will remain in full force.
NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER:
Section 1. That the City and County of Denver has been,and remains,firmly committed to the protection of civil rights and civil liberties for
all people.
Section 2. That the City and County of Denver affirms the following principles: every person has the right to be free from unreasonable
search and seizure, arrests may not be made without establishing reasonable suspicion or probable cause that a crime has been
committed or is about to be committed, every person has a right to equal protection under the law and the right not to be deprived of life,
liberty or property without due process of law, and every person has the right to free speech and freedom of association under the First
Amendment of the United States Constitution.
Iftri
3. That the City and County of Denver respects and values.public safety intelligence gathering as an indispensable part of law
ment and of national security. The City and County of Denver intends that such information be regularly and rigorously examined
fo mpliance with the following policy. Currently held information shall be thoroughly and carefully reviewed for its appropriateness,
using the United States and Colorado Constitutions and the established Denver Police Department policy:'No information about political,
religious or social views, associations, or activities should be collected unless the information relates to criminal activity and the subject is
suspected of criminal activity.'as our guides.
Section 4. That the City and County of Denver reaffirms Denver's commitment to unbiased policing as expressed in the policies of the
Denver Police Department and endorses the principle that no law enforcement or other city agency may profile or discriminate against any
person on the basis of race,ethnicity,national origin,age,sex,sexual orientation,or religion.
Section 5. That the City and County of Denver reaffirms its support of the government of the United States of America in its campaign
against global terrorism, but also reaffirms its commitment that such campaign not be waged at the expense of essential civil rights and
liberties of the people of Denver and the United States.
Section 6.That the Clerk of the City and County of Denver attest and affix the seal of the City and County of Denver to this resolution and
that a copy be transmitted to President George W. Bush. Attorney General John Ashcroft, Governor Bill Owens, Mayor Wellington E.
Webb,Manager Aristedes Zavaras,and Chief Gerald Whitman.
PASSED BY THE COUNCIL _2002
PRESIDENT
APPROVED .2002
MAYOR
ATTEST CLERK
Ex-Officio Clerk of the City and County of Denver
. A Proposal To The Boulder City Council
Proposed Resolution No.
Expressing the Commitment of the City ojBoulder to Civil Rights and Liberties and
Acknowledging that the Boulder Police Department Already Incorporates Most of the
Following in their Current Policies and Procedures.
'WHEREAS,following the attacks on America of September 11,2001 the Congress
passed the USA Patriot Act(PL107-56)on October 26,2001;and
WHEREAS,the provisions of the USA Patriot Act expand the authority of the federal
government to detain and investigate citizens and noncitizens and engage in electronic
surveillance of citizens and non-citizens;and
• WHEREAS,many people throughout communities across the nation,including
Boulder,are concerned that certain provisions in the USA Patriot Act threaten civil rights
and liberties guaranteed under the United States Constitution;and
WHEREAS,the City of Boulder has been,and remains,committed to the protection of
civil rights and liberties for all people as expressed in the United States and the Colorado
Constitutions;and
WHEREAS,the policy of the Boulder Police Department is that all detentions or stops
must be supported by reasonable suspicion that a crime has been committed or is about to
be committed,and that all arrests and searches of person and/or property by officers in
Boulder must be conducted in compliance with the Fourth Amendment of the U.S.
Constitution and Article II,Section 7 of the Colorado Constitution;and the Mayor,and
Chief of Police have confirmed to the Council that this policy is and will remain in full
force and effect;and
. ' WHEREAS,the policy of the Boulder Police Department is,further,that officers shall
not consider ancestry,race,ethnicity,national origin,color,age,sex,sexual orientation,
gender variance,marital status,physical or mental disability,or religion as a sole basis
for establishing reasonable suspicion,probable cause,or a basis for requesting consent to
search,and the Mayor,and Chief of Police have confirmed to the Council that this policy
is and will remain in full force.
NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BOULDER:
• Section 1.That the City of Boulder has been,and remains,firmly committed to the
protection of civil rights and civil liberties for all people.
• Section 2.That the City of Boulder affirms the following principles:(1) every person
has the right to be free from unreasonable search and seizure,(2) Neither stops nor
•
arrests may be made without establishing reasonable suspicion or probable cause that a
crime has been committed or is about to be committed,(3) every person has a right to
equal protection under the law and the right not to be deprived of life,liberty or property
without due process of law,and(4) every person has the right to free speech and
freedom of association as provided for under the First Amendment of the United States
Constitution and court opinions thereon.
• Section 3.That when the City of Boulder engages in public safety intelligence
gathering as a part of law enforcement and of national security,the City of Boulder
intends that such intelligence gathering comply with the following policy: No
information about political,religious or social views,associations,or activities should be
collected unless the information relates to public safety concerns or establishes suspicion
ofcriminal activity or the potential for criminal activity.
Currently held information shall be thoroughly and carefully reviewed by the City
Attorney or other appropriate City official to be designated by the Mayor,for its legality
and appropriateness,using the United States and Colorado Constitutions and the
established Boulder Police Department policy as guides.
' Section 4:That the City of Boulder reaffirms Bouldees commitment to human and
civil rights as outlined in the City of Boulder Human Rights Ordinance and its
commitment to unbiased policing as expressed in the policies of the Boulder Police
Department The City of Boulder finely adheres to the principle that no law enforcement
agency,or other city agency,may profile or discriminate against any person solely on the
basis of ancestry,race,ethnicity,national origin,color,age,sex,sexual orientation,
gender variance,marital status,physical or mental disability,or religion,nor shall City of
Boulder agencies assist other agencies in practices that violate these policies.
• Section 5:That the City of Boulder affirms its strong opposition to terrorism,but also
affirms that any efforts to end terrorism not be waged at the expense of essential civil
rights and liberties of the people of Boulder,the United States and the World-
* Section 6.That the Clerk of the City of Boulder attest and affix the seal of the City of
Boulder to this resolution.
PASSED BY THE COUNCIL 12002
APPROVED ,2002 MAYOR
ATTEST CLERK
Clerk of the City of Boulder
Untitled Document Page 1 of 3
A RESOLUTION affirming the City of Seattle's commitment to protecting the Civil
• Rights and Civil Liberties of all Seattle Residents
Passed unanimously (6-0) by the Seattle City Council on February 18, 2003
WHEREAS, Congress passed the so-called USA Patriot Act(PL 107-56) on October 26, 2001,
following the horrific attacks on America of September 11, 2001; and
WHEREAS, many provisions of the USA PATRIOT Act and other related Federal orders and measures
may pose a threat to the civil rights and civil liberties of the residents of our City,particularly to those
who are immigrants of Middle Eastern, Muslim or South Asian descent,by potentially:
a. Reducing judicial supervision of telephone and Internet surveillance.
b. Expanding the government's power to conduct secret searches without warrants.
c. Granting power to the Secretary of State to designate domestic groups, including political and
religious groups, as "terrorist organizations".
d. Granting power to the Attorney General to subject non-citizens to indefinite detention or
deportation even if they have not committed a crime.
e. Granting the Federal Bureau of Investigations(FBI) access to sensitive medical, mental health,
financial and educational records about individuals without having to show evidence of a crime.
f. Granting the FBI the power to compel libraries and bookstores to produce circulation or book
purchase records of their patrons, and forbidding disclosure that such records have been requested
and produced; and
WHEREAS, the City of Seattle honored the memory of victims of the terrorist attacks of September 11,
2001, through Resolution 30434, by denouncing acts of violence and intolerance against all people, and
affirming the civil rights of people of all ethnic and ideological backgrounds; and
WHEREAS, a nation headed to a foreign war must do everything in its power to lessen fear at home and
reinforce constitutional protections for those who in wartime may be victimized; and
WHEREAS, the City of Seattle is proud of its long and distinguished tradition of protecting the civil
rights and civil liberties of all its residents and affirming the fundamental rights of all people; and
WHEREAS, the Bill of Rights of the United States Constitution and the Declaration of Rights of the
Constitution of the State of Washington guarantee all people living in the City of Seattle freedom of
speech, assembly and privacy, equality before the law and the presumption of innocence, access to
counsel and due process in judicial proceedings, and protection from unreasonable searches and
seizures; and
WHEREAS, the preservation of civil rights and civil liberties is a pillar of American society and is
. essential to the well-being of any democracy,particularly during times of conflict when such rights and
liberties, especially those of immigrants and ethnic minorities, may be threatened, intentionally or
unintentionally, under false pretense of national security or patriotic zeal; and
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WHEREAS,through the "Seattle Police Intelligence Ordinance" (Seattle Municipal Code Chapter
14.12; Ordinance 108333 as amended by Ordinance 110572 and Ordinance 110640),the City of Seattle
was the first city in the United States to prohibit by law the collection and maintenance of information
about the political,religious or social views, associations or constitutionally protected activities of
subjects who are neither involved in criminal activity, suspected of involvement in criminal activity, nor
charged with involvement in criminal activity; and
WHEREAS, the City of Seattle denounces terrorism, and acknowledges that federal, state and local
governments have a responsibility to protect the public from terrorist attacks,but should do so in a
rational,deliberative and lawful fashion to ensure that any new security measure enhances public safety
without impairing constitutional rights or infringing upon civil liberties; and
WHEREAS, law enforcement and security measures that undermine fundamental rights do irreparable
damage to the American institutions and values of equal justice and freedom that the residents of the
City of Seattle hold dear; and
WHEREAS, the Council of the City of Seattle believes that there is not and need not be conflict between
security and the preservation of liberty, and that residents of this City and this nation can be both safe
and free; and
WHEREAS, cities and counties in more than 20 states, including major cities such as Chicago,
Philadelphia, and Detroit have enacted resolutions reaffirming support for civil rights and liberties in
response to the USA PATRIOT Act and other government policies that threaten these values, and
demanding accountability form law enforcement agencies regarding their use of these new powers
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE,
THE MAYOR CONCURRING, THAT WE:
AFFIRM the City of Seattle's abhorrence of, and opposition to global terrorism and our unqualified
support for the men and women serving in our armed forces.
AFFIRM the City of Seattle's support for the fundamental, constitutionally protected civil rights and
liberties of all our residents, and oppose those measures that infringe upon such civil rights and liberties
or that single out individuals for legal scrutiny or enforcement activity based solely on their country of
origin, religion, ethnicity or immigration status.
AFFIRM the City of Seattle's support for the Seattle Police Intelligence Ordinance(Seattle Municipal
Code Chapter 14.12; Ordinance 108333 as amended by Ordinance 110572 and Ordinance 110640)and
endorse its independent Civilian Oversight.
RESOLVE that the City of Seattle will vigorously resist any unconstitutional acts against its citizens
under the USA PATRIOT Act, including invasion of privacy, expanded surveillance, and denial of due
process that may come from application of the USA PATRIOT Act.
REQUEST that City of Seattle Departments with jurisdiction over facilities frequented by the public
post copies of the Bill of Rights in prominent locations within such buildings.
URGE the Seattle Library Board of Trustees to notify patrons of the Seattle Public Library that their
library records may be subject to disclosure to law enforcement officials under provisions of the Patriot
Act, and that librarians may under some circumstances be forbidden from disclosing that certain records
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have been requested or obtained.
. Adopted by the City Council the 18th day of February, 2003, and signed by me in open session in
authentication of its adoption this_day of 2003.
President of the City Council
THE MAYOR CONCURRING:
Mayor
Filed by me this day of 2003.
City Clerk
(Seal)
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