Community Resolution for Dacono, CO

RESOLUTION NO. 03-35

A RESOLUTION OPPOSING TIEE USA PATRIOT ACT, PATRIOT ACT II (a.k.a. DOMESTIC SECURITY ENHANCEMENT ACT OF 2003) AND OTHER EXECUTIVE ORDERS FOR THE CITY OF DACONO, COLORADO

WHEREAS, the City of Dacono recognizes that a threat to any one person's Constitutional rights is a threat to the rights of all; and

WHEREAS, the City of Dacono has been and remains committed to the protection of civil rights and liberties for all residents; and

WHEREAS, the United States Constitution guarantees all persons living in the United States certain fundamental rights including freedom of religion, speech, assembly and privacy; protection from unreasonable searches and seizures; due process and equal protection; and access to counsel, presumption of innocence and a fair, speedy public trial; and

WHEREAS, a great crime against humanity occurred on September 11, 2001, resulting in new federal laws and enforcement powers, including the USA Patriot Act signed by President George W. Bush on October26, 2001; and

WHEREAS, while the USA Patriot Act was written to respond to the attack on our nation, it weakens, contradicts and undermines the basic constitutional rights outlined above. The Act, a 342 page document, was hastily enacted in sax weeks without public hearings, or a Congressional ""mark-up""; and

WHEREAS, legislation to be proposed by the Administration, known as the Domestic Security Enhancement Act of 2003 or ""Patriot Act II"", goes further than the USA Patriot Act in eroding checks and balances on Presidential power and will give the government broad, sweeping new powers to increase domestic intelligence-gathering, surveillance and law enforcement prerogatives, and simultaneously decrease judicial review and public access to information; and

WHEREAS, examples of the Patriot Act's threat to these fundamental rights include the Government's expanded power to: engage in limited judicial supervision of telephone and Internet surveillance; grant law enforcement and intelligence agencies broad access to sensitive medical, mental health, financial, and educational records with little, if any, judicial oversight, expand the government's ability to conduct secret searches of individual's homes and businesses, including monitoring what books are bought from bookstores or bonowed from libraries; and limits the disclosure of public documents and records under the Freedom of Information Act; and

WHEREAS, Department of Justice interpretations of the Patriot Act and Executive Orders appear to impact on selective racial and religious groups including residents of other nations. This has caused alarm among many of our local citizens and non-citizens who fear an emergent climate for racial and ethnic profiling; and

WHEREAS, many other communities and over fifty cities throughout the country have enacted resolutions reaffirming support for civil rights and civil liberties in the face of government policies that threaten these values, and are demanding accountability from federal agencies regarding the use of these new powers; therefore

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO:

Section 1. The City of Dacono affirms its support of the United States government in its campaign against global terrorism, but also reaffirms that any efforts to end terrorism not be waged at the expense of the fundamental civil liberties of the people of Dacono, and all citizens of the United Stares.

Section 2. The Council calls on our United States Representatives and Senators to monitor the implementation of the USA Patriot Act, proposed USA Patriot Act U and Executive Orders cited herein and actively work for the repeal of the Act or those sections of the Act including Executive Orders that violate fundamental rights and liberties as stated in the United States Constitution and its Amendments.

INTRODUCED, READ, and ADOPTED this 11 day of August, 2003.

CITY OF DACONO, COLORADO

Wade Carlson, Mayor

ATTEST:
Nancy Elliott, City Clerk