HomeMy WebLinkAboutRes2003-063
Sponsored by: Mayor
.
CITY OF SEWARD, ALASKA
RESOLUTION 2003-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, TO ESTABLISH POLICY IN DEFENSE OF THE BILL OF
RIGHTS WITH RESPECT TO FEDERAL ANTI-TERRORISM ACTS,
LEGISLATION, AND ORDERS
WHEREAS, the City of Seward denounces terrorism, and appreciates and supports
those who defend us from terrorism and terrorist attacks, the men and women serving in
our armed forces, federal, state and local law enforcement officers, firefighters, and health
service professionals; and
WHEREAS, the City of Seward recognizes its diverse population, including
citizens of other nations, whose many and valued contributions to the community are
vital to its character and function; and
I
WHEREAS, the City of Seward avows and is sworn to the full protection of the
civil rights and civil liberties for all people as expressed in both the Alaska State
Constitution and the United States Constitution, which so many have made grave
sacrifices to initiate and protect; and
WHEREAS, the First Amendment to the United States Constitution states
Congress shall make no law, respecting an establishment of religion or prohibiting the
free exercise thereof, or to abridge the freedom of speech or the press, or of the right of
the people to peaceably assemble and to petition the Government for a redress of
grievances; and
WHEREAS, the Fourth Amendment states the right of the people to be secure in
their persons, houses, papers and effects, against unreasonable searches and seizures, and
shall not be violated; that no warrants shall be issued, but upon probable cause, supported
by oath, or affirmation and particularly describing the place to be searched, and the
persons or things to be seized; and
WHEREAS, the Fifth, Sixth, and Eighth Amendments prohibit compelling a
person in any criminal case to be a witness against himself depriving a person of life,
liberty, or property without due process of the law, or requiring excessive bailor fines, or
the infliction of cruel and unusual punishments, and guarantee defendants the right to a
speedy and public trial by jury, to be informed of the accusation and to be confronted
with the witnesses against him, and the right to have the assistance of counsel for his
defense; and
I
CITY OF SEWARD, ALASKA
RESOLUTION 2003-63
WHEREAS, the Fourteenth Amendment prohibits any State from depriving
any person of life, liberty, or property without due process of law, or denying to any
person within its jurisdiction, the equal protection of the law; and
WHEREAS, in response to the terrorist attacks of September 11, 2001, the
United States Congress passed the 'Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001', the
'Homeland Security Act of 2002', and may soon rule on the United States Justice
Department's Draft 'Domestic Security Enhancement Act of2003'; and
WHEREAS, due to the extraordinary events of September 11,2001 and the press
of time, various Presidential Executive Orders, the USA PATRIOT Act, and the
Homeland Security Act have not received the level of scrutiny that Presidential Orders
and Acts of Congress deserve; and
WHEREAS, the USA PATRIOT Act at Section 412 authorizes the indefinite
incarceration or deportation of non-citizens, even if they have not committed a crime; and
WHEREAS, the USA PATRIOT Act at Section 216 reduces judicial supervision
and civil liberties protections related to the use of devices which identify the caller,
routing, and recipient of telephone and internet communications; and
WHEREAS, the USA PATRIOT Act at Section 214 expands the authority of
federal courts to issue delayed-notice warrants authorizing secret searches so that the
subject of a search warrant is unaware that the property has been searched; and
WHEREAS, the USA PATRIOT Act at Section 215,218,219,358,507, and
508 grant law enforcement and intelligence agencies broader access to medical, mental
health, library, business, financial, educational, and other records about individuals
without first showing probable cause or evidence of a crime; and
WHEREAS, the USA PATRIOT Act at Section 411 redefines terrorist activities
and terrorist organizations so broadly that it could have a repressive effect on free speech;
and
WHEREAS, the Code of Federal Regulations has been amended at 28 C.F.R.
501.3 to allow eavesdropping on conversations between suspects and their lawyers; and
WHEREAS, the President's Military Order of November 13,2001, provides for
the trial of alien terrorist suspects by military commission, and pending such trial, allows
the Secretary of Defense to indefinitely detain the suspect, within the United States, or
elsewhere, without express limitation, or condition, except with regard to food, water,
.
CITY OF SEWARD, ALASKA
RESOLUTION 2003-63
shelter, clothing, medical treatment and religious exercise; and
WHEREAS, the United States Justice Department proposes to enact the Draft
Domestic Security Enhancement Act of 2003, which together with the aforementioned
Acts and Presidential Orders, could further suspend or repress freedoms granted in the
United States Constitution and the Bill of Rights; and
WHEREAS, the Legislature of the State of Alaska passed Joint Resolution
NO. 22 entitled "A RESOLUTION Relating to the USA PATRIOT Act, the Bill of
Rights, the Constitution of the State of Alaska, and the civil liberties, peace, and
security of the citizens of our country."; in which it "FURTHER RESOLVED that,
in accordance with Alaska state policy, an agency or instrumentality of the State of
Alaska, in the absence of reasonable suspicion of criminal activity under Alaska
State law, may not
... (2) record, file, or share intelligence information concerning a person or
organization, including library lending and 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..."; and
I
WHEREAS, the Assembly of the Kenai Peninsula Borough passed
Resolution 2003-043 "A RESOLUTION TO ESTABLISH KENAI PENINSULA
BOROUGH POLICY IN DEFENSE OF THE BILL OF RIGHTS WITH RESPECT
TO FEDERAL ANTI-TERRORISM ACTS, LEGISLATION, AND ORDERS"; and
WHEREAS, many other communities' governing bodies throughout our nation
have enacted resolutions reaffirming protection of civil liberties and civil rights for all
people as granted in the United States Constitution and the Bill of Rights.
NOW, THEREFORE, BE IT RESOLVED BY THE SEWARD CITY COUNCIL:
Section 1.
Affirmations.
A. The City of Seward affirms its strong opposition to terrorism, and also strongly
affirms that efforts to end terrorism should not be waged at the expense of the inalienable
rights, fundamental civil rights and civil liberties of the people of the City of Seward.
B. The City of Seward affirms the rights of all people to be treated in accordance with the
full protections granted in the United States Constitution and the Alaska State
Constitution.
I
CITY OF SEWARD, ALASKA
RESOLUTION 2003-63
C. The City of Seward strongly affirms that the rights of all people shall not be abridged
due to race, ethnicity, country of origin, or association without due process of law as
granted in the United States Constitution and the Bill of Rights.
Section 2.
Action Items.
A. The City of Seward respectfully requests the President of the United States, the United
States Attorney General, the Director of Homeland Security, and the United States
Congress formally review, and as necessary amend various Presidential Executive Orders
adopted in response to the events of September 11, 2001, the USA PATRIOT Act, the
Homeland Security Act, and the Draft Domestic Security Enhancement Act of 2003 to
ensure that they are consistent with constitutionally protected civil rights and
fundamental civil liberties.
B. The City of Seward recognizes that its administrative officers, librarians, and other
employees may receive requests for information under provisions of the USA PATRIOT
Act, the Homeland Security Act, various related Executive Orders, and the proposed
Domestic Security Enhancement Act. City of Seward employees shall consult with the
city attorney's office if they have any doubts about the propriety of divulging requested
information.
C. The City Attorney's office is requested to instruct City of Seward employees about
their rights and responsibilities in their jobs under the United States and Alaska
Constitutions in regards to the USA PATRIOT Act, the Homeland Security Act, various
related Presidential Executive Orders, and the proposed Domestic Security Enhancement
Act if enacted, and State of Alaska Joint Resolution No. 22.
D. The United States Attorney for the District of Alaska is requested to provide the
Seward City Council with an annual summary of the number of investigations, warrants,
orders, subpoenas, and arrests carried out within the City of Seward under the authority
of the USA PATRIOT Act, the Homeland Security Act, various related Executive
Orders, and the Domestic Security Enhancement Act if enacted. The City of Seward
shall make such information available to the public.
E. Copies of this resolution of the City of Seward shall be distributed to the President of
the United States, the United States Attorney General, the Director of Homeland
Security, the United States Congress, the Alaska State Legislature, the Alaska State
Troopers, the United States Attorney for the District of Alaska, and to the various local
law enforcement agencies located in the City of Seward.
Section 3.
This resolution shall be effective immediately upon its adoption.
I
CITY OF SEWARD, ALASKA
RESOLUTION 2003-63
PASSED AND APPROVED by the City of Seward, Alaska this 9th day of June, 2003.
THE CITY OF SEWARD ALASKA
~ /~. C/tIi
~k,MaYOr
AYES:
NOES:
ABSENT:
ABSTAIN:
Amberg, Valdatta, Orr, Dunham, Branson, Shafer, Clark
None
None
None
I
ATTEST:
J Lewis(
Cr y Clerk j "","n.""
......'_1 Or: Scf1,.",,"
.:- ~~ ....... ~.....~
(City Seal) $ c}jP......?>POR..i:>;.:>'O ~
~: ~~ ~
~: -.- 0\ :.
.. : SEAL . .
: . : ., .. : e :
': \ : ..
" -.. ---- .: .:
~ ~'~1I",~ 9""1:.",,,, 1
~~Zi~~:~\J.c:~.l
""IIIl"'"
I