Beck/Yourkowski

CITY OF HOMER

HOMER, ALASKA

RESOLUTION 03-69(S)(A)

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, TO DEFEND THE CIVIL RIGHTS AND LIBERTIES OF THE PEOPLE OF HOMER.

WHEREAS, the City of Homer is home to a diverse population, including citizens of other nations, whose contributions to the community are vital to its character and function, and

WHEREAS, the City of Homer has a long and distinguished history of protecting and expanding civil rights and civil liberties, and has often been a haven for citizens of the United States and other nations when rights and liberties are threatened, and

WHEREAS, the City Council of the City of Homer is opposed to terrorism, but also believes that efforts to end terrorism should not disproportionately infringe on the essential civil rights and liberties of the people of Homer, and

WHEREAS, the City of Homer and its citizens are governed by the United States Constitution, including the Bill of Rights, and the Alaska State Constitution, and

WHEREAS, the Bill of Rights of the United States Constitution guarantees those living in the United States the following rights:

· freedom of speech, assembly and privacy;

· protection from unreasonable searches and seizures;

· due process in judicial proceedings and access to counsel;

· protection from cruel and unusual punishment; and

· equality before the law and the presumption of innocence; and

WHEREAS, in response to the tragic events of September 11, 2001, the United States Congress passed the USA PATRIOT Act, which was signed into law by President George W. Bush on October 26, 2001, and

WHEREAS, many residents of Homer, surrounding communities, and other communities across the nation are concerned that the USA PATRIOT Act threatens the civil rights and liberties of citizens of the United States and other nations by:

· greatly expanding the government’s ability to secretly enter homes and offices to conduct searches without warrants;

· significantly reducing judicial supervision of telephone, e-mail and Internet surveillance;

· granting law enforcement officials broad access to sensitive medical, mental health, business, financial, educational, and other records about individuals without first showing probable cause or evidence of a crime;

· expanding the authority of law enforcement officials to obtain from libraries and bookstores any records of books that a person has borrowed or purchased, and prohibiting librarians and employees from disclosing that they have been ordered to produce such records;

· granting unchecked power to the U.S. Secretary of State to designate domestic groups, including religious and political organizations, as “terrorist organizations”;

· creating a crime of “domestic terrorism” that is so vaguely defined it could be applied to political activism and lead to the criminalization of legitimate political dissent;

· granting power to the U.S. Attorney General to subject immigrants to indefinite detention or deportation, even if they have not committed a crime; and

· allowing the CIA to have access to sensitive information gathered during criminal investigations; and

WHEREAS, the civil rights and liberties of all Americans are further threatened by orders and rules of the executive branch that:

· establish secret military tribunals for terrorism suspects;

· authorize eavesdropping on confidential communications between lawyers and their clients in federal custody;

· allow the government to designate citizens as “enemy combatants” and place them in military custody indefinitely without access to counsel or judicial review;

· remove Justice Department regulations against covert, illegal counter-intelligence operations by the FBI that in the past targeted domestic groups and individuals;

· limit the disclosure of public documents and records under the Freedom of Information Act; and

WHEREAS, the City Council of the City of Homer recognizes that excessive infringement on the constitutionally guaranteed rights of any person is an abuse of power, a breach of the public trust, and beyond the scope of governmental authority, and

WHEREAS, a growing number of communities around the country have resolved to support and defend the civil rights of their residents,

NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Homer affirms its strong opposition to terrorism, and also affirms its strong support for fundamental constitutional rights and its opposition to federal measures that infringe on civil liberties, and be it further

BE IT FURTHER RESOLVED, That the City of Homer calls upon the employees of all City departments and agencies to continue to actively uphold and defend citizens’ civil rights and civil liberties as specified in the Bill of Rights and the Fourteenth Amendment of the United States Constitution, and be it further

BE IT FURTHER RESOLVED, That the City Clerk communicate this resolution to the Alaska State’s Congressional Delegation, the Governor and Attorney General of the State of Alaska, the local U.S. Attorney’s office, the local office of the Federal Bureau of Investigation, the Alaska State Troopers, the United States Attorney General, and the President of the United States, to be sure that the Patriot Act is consistent with the Bill of Rights and the Constitution of the United States.

PASSED AND APPROVED by the Homer City Council this _______day of _________, 2003.

CITY OF HOMER

_________________________

JACK CUSHING, MAYOR

ATTEST:

________________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Not identified.