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Introduced by: Council Member Gilbert
Passed Unanimously: January 6, 2003
Resolution No. 4036, As Amended
Fairbanks, Alaska; A Resolution to Defend the Bill of Rights and Civil
Liberties
WHEREAS, the City of Fairbanks recognizes the Constitution of the
United States of America to be the supreme law of the land, which all public
servants are sworn to uphold; and
WHEREAS, the City of Fairbanks has a long and proud tradition of
upholding the free exercise and enjoyment of the inalienable rights granted to
all persons by the Universal Declaration of Human Rights and the Constitution
of the United States of America; and
WHEREAS, the City of Fairbanks greatly benefits from the many
contributions of its highly diverse population, which includes citizens from
around the world, and is vital to our city's unique character; and
WHEREAS, the City of Fairbanks affirms its strong opposition to
terrorism, but also affirms that any efforts to end terrorism not be waged at
the expense of essential civil rights and liberties of the people of Fairbanks,
the United States and the World; and
WHEREAS, the provisions of the USA Patriot Act expands the authority of
the federal government to detain and investigate citizens and non-citizens and
engage in the electronic surveillance of citizens and non-citizens may threaten
civil rights and liberties guaranteed under the United States Constitution; and
WHEREAS, the City of Fairbanks recognizes that an infringement of the
constitutionally guaranteed rights of any person, under the color of law, is an
abuse of power, and a breach of the public trust, a misappropriation of public
resources, a violation of civil rights and is beyond the scope of governmental
authority.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRBANKS
remains firmly committed to the protection of civil rights and civil liberties
for all people. The City of Fairbanks will completely avoid discrimination in
every function of city government, and vigorously uphold the constitutionally
protected rights of all persons to peacefully protest and express their
political views without any form of governmental interference.
IT IS HEREBY FURTHER RESOLVED that the City of Fairbanks joins
communities across the nation in expressing concern that the USA Patriot Act
threatens civil rights and liberties guaranteed under the United States
Constitution.
IT IS HEREBY FURTHER RESOLVED, and is the policy of the City of
Fairbanks, to forbid in the absence of probable cause of criminal activity:
any initiation of, participation in, assistance or cooperation with any
inquiry, investigation, surveillance or detention; and
the recording, filing and sharing of any intelligence information concerning
any person or organization, even if authorized by federal law enforcement,
acting under new powers granted by the USA Patriot Act or Executive Orders.
This includes collection and review of library lending and research records, as
well as book and video store sales and/or rental records; and
the retention of intelligence information. Information that is currently held
shall be thoroughly and carefully reviewed by the City Attorney or other
appropriate City Official to be designated by the Mayor, for its legality and
appropriateness, using the United States and Alaska Constitutions. Any
information that was collected is permanently disposed of if there is no
probable cause of criminal activity; and
enforcement of immigration matters, which are entirely the responsibility of
the Immigration and Naturalization Service. No city service will be denied on
the basis of citizenship; and
profiling based on race, ethnicity, citizenship, religion, or political
values.
PASSED AND APPROVED this 6th Day of January, 2003
Steve M. Thompson, Mayor
| Ayes: |
5 |
| Nayes: |
0 |
| Abstain: |
0 |
| Absent: |
1 |
Attest: Carol L. Colp, City Clerk
Approved As to Form: Herbert P. Kuss, City Attorney
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