Highland Park, New Jersey
City/Town: Highland Park
County: Middlesex
State:
New Jersey
Congressional District: (click to contact Rep.) 6
Population (2000 Census): 13,999
Date Passed: 02/03/04
Resolution Affirming the Commitment of the Borough of Highland Park to the United States Constitution and the Civil Liberties Guaranteed by the Bill of Rights.
Approved by: Highland Park Borough Council
WHEREAS the Borough of Highland Park has a diverse population whose contributions to the community are vital to its economy, culture, and civic character;
WHEREAS the preservation of civil rights is essential to the well-being of any democratic community;
WHEREAS several acts and orders recently enacted at the Federal level, including sections of the USA PATRIOT ACT and several Executive Orders, now infringe upon the following rights and liberties, all guaranteed by the United States Constitution and the Bill of Rights:
• Freedom of speech, religion, assembly and privacy
• The right to counsel and due process in judicial proceedings, and
• Protection from unreasonable searches and seizures;
WHEREAS the Council of the Borough of Highland Park affirms its strong opposition to terrorism of any kind;
WHEREAS the Council of the Borough of Highland Park affirms the responsibility of the leaders of the United States to seek national security without sacrificing the basic civil rights upon which our nation is founded, which rights have been vigilantly protected for over 200 years;
WHEREAS, under the auspices of both the USA PATRIOT ACT and related executive orders, persons of Middle Eastern descent, South Asian descent and of the Muslim faith have been targeted for interrogation and possible deportation in violation of laws prohibiting governmental discrimination against ethnic and religious minorities;
WHEREAS approximately 230 other communities in a majority of the United States, and at least 3 state legislatures have passed resolutions or ordinances protecting the civil liberties of their residents;
WHEREAS the Board of Directors and the staff of the Highland Park Public Library have passed a resolution to educate library users and the community about the dangers to individual privacy resulting from the USA PATRIOT ACT and other related measures and about the process for compliance with those measures;
THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE BOROUGH OF HIGHLAND PARK:
1. Reaffirms its strong support for the rights of immigrants and opposes measures that single out individuals for legal scrutiny based on their country of origin or ethnicity;
2. Reaffirms its strong support for racial equality and opposes measures that single out individuals for legal scrutiny based on their race;
3. Reaffirms its strong support for freedom of religion and opposes measures that single out individuals for legal scrutiny based on their religious beliefs;
4. Reaffirms its strong support for freedom of speech and freedom of assembly and opposes measures that single out individuals for legal scrutiny based on their non-criminal speech and association;
5. Reaffirms its direction to the Police Department and to all other borough employees and municipal workers of the Borough of Highland Park to:
• Refrain from surveillance of individuals or groups and from collecting or maintaining information about the political, religious, or social views of any individual or group unless there are reasonable grounds to suspect that the subject of the surveillance or information collection is or may be involved in criminal activity;
• Refrain from using race, religion, ethnicity or national origin as a factor in selecting which individuals to subject to investigative activities unless there are reasonable grounds to suspect that the subject of the investigation is or may be involved in criminal activity;
6. In accordance with time tested legal procedures concerning search warrants, reaffirms its direction to the Police Department of the Borough of Highland Park to give advance or simultaneous notice of the execution of a search warrant to any resident of the Borough of Highland Park whose property is the subject of such a warrant, to the extent permitted by the courts;
7. Requests federal and state law enforcement officials acting within the Borough of Highland Park to work in accordance with the policies of the Highland Park Police Department and in cooperation with the Police Department by not engaging in or permitting detentions without charges of residents of Highland Park;
8. Directs the clerk of the Borough of Highland Park to transmit a copy of this resolution to Senators Corzine and Lautenberg and Representative Pallone, accompanied by a letter urging them to:
• Work to repeal or amend provisions of the USA Patriot Act or other related federal executive orders, regulations, and actions that infringe on civil rights and liberties;
• Ensure that provisions of the USA Patriot Act that are scheduled to expire on December 31, 2005 do expire without extension;
• Monitor the implementation of the Act and Orders cited above in order to protect the Constitution and the Bill of Rights;
• Propose and support Congressional action to prohibit passage of the act known as "Patriot ll" or other acts or orders that violate the Constitution and the Bill of Rights;
9. Directs the clerk of the Borough of Highland Park to transmit a copy of this resolution to Governor McGreevey and appropriate members of the State Legislature;
10. Directs the clerk of the Borough of Highland Park to transmit a copy of this resolution to all departments, agencies and agents of the Borough of Highland Park.