Arcata, California
City/Town: Arcata
County: Humboldt
State:
California
Congressional District: (click to contact Rep.) 1
Population (2000 Census): 16,300
Date Passed: 01/15/03
Resolution of the City Council of the City of Arcata to Defend the Bill of Rights and Civil Liberties
Approved by: Arcata City Council
WHEREAS, the City of Arcata and its citizens are governed by the United States Constitution, including the Bill of Rights, and the California State Constitution; and
WHEREAS, the City of Arcata houses a diverse population, including non-citizens, whose contributions to the community are vital to its character and function; and
WHEREAS, fundamental rights granted by the United States Constitution are threatened by actions taken at the federal level, notably by passage of sections of the USA PATRIOT ACT, the Homeland Security Act and several Executive Orders which, among other things:
• Violate the First and Fourth Amendments to the Constitution through the expansion of the government's ability to wiretap telephones, monitor e-mail communications, survey medical, financial and student records, and secretly enter homes and offices without customary administrative oversight or without showing of probable cause;
• Give law enforcement expanded authority to obtain library records, and prohibits librarians from informing patrons of monitoring or information requests;
• Grant potential unchecked powers to the Attorney General and the U.S. Secretary of State to designate legal domestic groups as "terrorist organizations", while lifting administrative regulations against covert, surveillance counter-intelligence operations by the F.B.I. that in the past targeted domestic groups and individuals;
• Violate the Fifth, Sixth and Fourteenth Amendments to the Constitution in establishing secret military tribunals, and in subjecting citizens and non-citizens to indefinite detention even when they have not been allowed an attorney, brought to trial, or even charged with a crime;
• Authorize eavesdropping on confidential communications between lawyers and their clients in federal custody;
WHEREAS, the City of Arcata adheres to the principle that no law enforcement agency, or any other city agency, may profile or discriminate against any person solely on the basis of ancestry, race, ethnic or national origin, color, age, sexual orientation, gender, religion, physical or mental disability; or apparent socio-economic status;
WHEREAS, the City of Arcata recognizes the commitment it has to uphold the legal and human rights of its residents;
WHEREAS, other communities from around the country have passed similar resolutions reinforcing local efforts to support and defend legal and human rights of their residents;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARCATA that it has been, and remains, firmly committed to the protection of civil rights and civil liberties for all and affirms its commitment to embody democracy and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and the California State Constitution;
BE IT FURTHER RESOLVED that local law enforcement continue to preserve and uphold residents' freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested to do otherwise and infringe upon such rights by federal or state law enforcement agencies acting under new powers created by the USA PATRIOT ACT or by Executive Order;
BE IT FURTHER RESOLVED that law enforcement officials, public officials, and Arcatans engage in and participate in community dialogue on civil liberties issues, in order to promote the safety and well-being of Arcata;
BE IT FURTHER RESOLVED that our Federal legislative delegation is petitioned to actively monitor the implementation of the USA PATRIOT ACT, any new Executive Orders, or COINTELPRO-type regulations and actively work for the repeal of those portions that violate the guaranteed civil liberties enumerated in the Bill of Rights.
BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this Resolution to all federal and state law enforcement agencies, the Governor's office, and to the California federal legislative delegation.
On April 2, 2003, the Arcata City Council also passed an ordinance.
An Ordinance of the City Council of the City of Arcata Amending the Arcata Municipal Code To Defend the Bill of Rights and Civil Liberties: Ordinance No. 1339
Section 1: Title II: Administration, Chapter 2: Officers and Employees, Article 5: Defending Civil rights and liberties, Sections 2190 - 2194 are hereby added to the Municipal Code as follows:
SEC. 2190: Purposes.
The purposes of this ordinance are as follows:
A. To protect the civil rights and civil liberties for all and to affirm the City's commitment to embody democracy, and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and the California Constitutions, as set forth in Resolution 023-32, A Resolution of the City Council of the City of Arcata to Defend the Bill of Rights and Civil Liberties, adopted by the Council on January 15, 2003; and
B. To ensure that local law enforcement continues to preserve and uphold residents' freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon such rights by federal or state law enforcement agencies acting under new powers created by the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107-296), or related Executive Orders, or by future enacted laws, executive orders or regulations.
SEC. 2191: No Unconstitutional Detentions or Profiling.
No management employee of the City shall officially engage in or permit unlawful detentions or profiling based on race, ethnicity, national origin, gender, sexual orientation, or political or religious association that are in violation of individuals' civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution.
SEC. 2192: No Unconstitutional Voluntary Cooperation.
No management employee of the City shall officially assist or voluntarily cooperate with investigations, interrogations, or arrest procedures, public or clandestine, that are in violation of individuals' civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution.
SEC. 2193: Notification.
Management employees of the City shall promptly notify the City Manager when, in the course of City employment, the following occurs:
A management employee of the City is contacted by another law enforcement agency and asked to cooperate or assist with an investigation, interrogation, or arrest procedure under provisions of the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107-296), or related Executive Orders, or future enacted law, executive order or regulation, where such procedure is in violation of an individual's civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution.
Upon such notification from a management employee, the City Manager shall promptly report to the City Council, specifying the law enforcement agency seeking cooperation or assistance and the actions requested of the management employee.
SEC. 2194: Defense.
The City shall provide legal defense to any management employee who is criminally charged by another entity for his or her actions in compliance with this Ordinance.
SEC. 2195: Severability.
If any section or sections of the ordinance is or are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and remain in effect.
Section 2: This ordinance will take effect thirty (30) days after the date of its adoption.
Contact Information:
City Councilor Dave Meserve
702-822-1469
art2bld@humboldt1.com
Additional Info:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/04/13/BA283270.D . . .