Danby, NY Resolution

PROPOSED RESOLUTION NO. 72 OF 2003
REGARDING THE USA PATRIOT ACT
By Councilperson Strichartz: Seconded by Councilperson Gagnon

WHEREAS, the Town Board of the Town of Danby is motivated by its commitment to uphold the human rights of all persons in Danby, and to the free exercise and enjoyment of any and all rights and privileges secured by our constitutions and laws of the United States, the State of New York, and the Town of Danby, and

WHEREAS, recognizing that federal, state and local governments need to protect the public from terrorist attacks such as those that occurred on September 11, 2001, governments have an obligation to do so in a rational and deliberative fashion to ensure that any new security measures enhance public safety without impairing constitutional guarantees or infringing on civil liberties; and

WHEREAS, the Bill of Rights of the United States Constitution and the Constitution of New York guarantee to those living in the United States the following rights:

· Freedom of speech, assembly and privacy;
· The Rights to counsel and due process in judicial proceedings; and
· Protection from unreasonable searches and seizures and

WHEREAS, we believe these civil liberties are precious and are now threatened by:

A. The USA PATRIOT Act, which:

• All but eliminates judicial supervision of telephone and Internet surveillance;
• Greatly expands the government's ability to conduct secret searches;
• Gives the Attorney General and the Secretary of State the power to designate domestic groups as ""terrorist organizations"", and
• Grants the FBI broad access to sensitive medical, mental health, financial, and educational records about individuals without having to show evidence of a crime without a court order; and

B. Federal Executive Orders, which:

Establish secret military tribunals for terrorism suspects;

• Permit wiretapping of conversations between federal prisoners and their lawyers;
• Lift Justice Department regulations against illegal COINTELPRO-type operations by the FBI (covert activities that in the past targeted domestic groups and individuals); and
• Limit the disclosure of public documents and records that should be made available to the public under the Freedom of Information Act, and

WHEREAS, this law and these Executive Orders particularly target foreign national and people of Middle Eastern and South Asian descent, in fact they can be and have been used to violate the civil rights of American citizens acting and speaking legally in opposing government policy; and

WHEREAS, the Executive Order on secret military tribunals also undermines the U.S. government's ability to denounce atrocities carried out in secret by military tribunals elsewhere in the world; Now be it

RESOLVED, that the Town Board of the Town of Danby urges Congress to repeal the USA PATRIOT Act and to refrain from passing any further legislation that violates or duly limits the civil rights and liberties guaranteed by the United States Constitution; and be it further

RESOLVED, that the Town Board of the Town of Danby affirms the rights of all people-including United States citizens and citizens of other nations residing within the Town in accordance with the Bill of Rights and the Fourteenth Amendment of the U.S. Constitution; and be it further

RESOLVED, that the Town Board of the Town of Danby calls upon all town officials and employees to respect the civil rights and liberties of all members of this community, including those who are citizens of other nations; and be it further

RESOLVED, that the Town Board of the Town of Danby asks that any town official or employee whose assistance is requested by any federal law enforcement agency report such request to the Town Supervisor who, in consultation with the Town Attorney, shall determine whether such request complies with the requirements of United States and New York State Law, and be it further

RESOLVED, that the Town Clerk shall mail copies of this resolution to those elected to represent the citizens of the Town of Danby in Congress; Representative Maurice Hinchey, Senator Hillary Clinton and Senator Charles Schumer.