HomeMy WebLinkAbout2003-32 RESOLUTION NO. 2003-32
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
REGARDING BILL OF RIGHTS
WHEREAS, the City of Ukiah fully supports the United States Constitution, its first ten
amendments, the Bill of Rights, and the Constitution of the State of California; and
WHEREAS, the fundamental rights and liberties guaranteed therein are essential to the
health of democracy and to the well being of the citizens and the community of Ukiah,
including:
· Freedom of speech, religion, assembly and privacy;
· The rights to counsel and due process in judicial proceedings; and
· Protection from unreasonable searches and seizures;
All guaranteed by the Constitution of the State of California and the United States
Constitution, 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.
government's ability to denounce atrocities carried out in secret by military tribunals
elsewhere in the world; and
Resolution No. 2003-32
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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;
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of
Ukiah, California, acting in the spirit of our State and Federal Constitutions request that:
.
Local law enforcement continue to preserve residents' freedom of speech, religion,
assembly and privacy; rights to counsel and due process in judicial proceedings; and
protection from unreasonable searches and seizures even if requested or authorized to
infringe upon these rights by federal law enforcement acting under new powers granted
by the USA Patriot Act or orders of the Executive Branch;
.
Federal and state law enforcement officials acting within the City, work in accordance
with the policies of the Ukiah Police Department, and in cooperation with the
Department, by not engaging in or permitting detentions without charges or racial
profiling in law enforcement.
3. The U.S. Attorney's Office and the Office of the Federal Bureau of Investigation
regularly and publicly disclose the extent to and the 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 held in Northern California and/or any
Ukiah residents detained elsewhere.
.
Our United States Congressman and Senators monitor the implementation of the Act
and Orders cited herein and actively work for the repeal of the parts that violate
fundamental rights and liberties as stated in the State and United States Constitution.
PASSED AND ADOPTED this 2nd day of April 2003 by the following roll call vote'
AYES:
NOES: None.
ABSENT: None.
ABSTAIN: Mayor Larson.
Councilmembers Rodin, Andersen, Smith, and Baldwin.
ATTEST:
Marie Ulvila, City Clerk
Eric Larson, Mayor
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