The URL can be used to link to this page

Home My WebLink About2004-05-10 04-139 RESOLVEItem No. as -139 Date: 05-10-06 Item/Subject: Resolve, Affirming the Necessity of Preserving Civil tibertes Within the Context of National Security and the War on Terror Responsible Department: City Council Several weeks ago, Ne G mment Operations Committee heard from a local group that is seeWng certain amendments to the Patriots Act. The Committee then requested a full Council workshop to remew the issue, both from the perspective of the substance of the Patrons Act itself and a$ to whether It was appropriate for the Council to take a position on it. That workshop was subsequently held, and the majority of the Councilors present requested that a resolve be prepared for consideration at a regular Council Meeting. As directed, the marched Resolve is patterned on the resolve adopted by the National League of Chiles. While calling on the federal government to undertake certain amendments to the Act, it also recognizes some of the posldv adjustments made by it and the necessity for protecting national security and an aggressive war on terror. Managers Comments: Associated Information: Budget Approval: Department Head Finance Director SOldtor Introduced for _x Passage _ First Reading Page _ of Referral 06-139 "Signed to fo®eilor Palmer Ila➢ 10, 2006 CITY OF BANGOR (TIRE.) Resolve, Affirming the Necessity of Preserving Civil Liberties Within the Context of National Security and the War on Terror WHEREAS, the City of Bangor believes that there is no inherent conflict between national security and the preservation of liberty and affirms its strong support of the rights of Americans to be both safe and free; and WHEREAS, we recognize the Constitution of the Urged States as our nation's charter of liberty and that the BIII of Rights enshrines the fundamental an inalienable rights of America, incuditg the freedomes of speech, religion, assembly, and pnvacy and WHEREAS, on September 11, 2001, terronsts from abroad attacked the U.S. by commandeering four commercial airliners, destroying the Wald Trade Center in New York significantly damaging the Pentagon, and causing a jetliner crash, all of which resulted in significant casualties; and WHEREAS, the terrorist attack was an attack on a nation that is home to a diverse population and plunged the nation into deep concern regarding its security and vulnerability to future attacks; and WHERI S, the City of Bangor, In concert with all free peoples everywhere, condemns all terrorist acts wherever they occur; and WHEREAS, efforts to prevent and respond to acts of terrorism require extensive coordination, cooperation, and accountability among federal, state, and local governments; and WHEREAS, we recognize that proteRing our citizens against future hemostat attacks requires the fedea government to aggressively pursue potential terronsts; however, the effort to combat the people of the WHEREAS, In response to the terronst attacks, on Ocoher 26, 2001 the United States Congress passed and President Bush signed Into law the USA PATRIOT Act by a Senate vote of 98-1 and House of Representative vote of 357-66; and WHEREAS, we applaud those sections of this Act that eliminate unnecessary barriers to the sharing or intelligence information and that modernize elements of the law to take into account Ne technical revolution in telecommunicadons; and WHMIDS, we recognize that sweeping legislation adopted in the heat of costs may not receive the level of saui ry, public debate, and thoughtful consideration necessary when balanong security and civil liberties; and 04—[39 As AtaQm® man= cors WHEREAS, new legislation has been drafted entitled the Domestic Security Enhancement AR (DSEA, also known as PATRIOT R) that contains numerous new law enforcement and intelligence gathering powers, and Congress must closely review Nese proposals to insure that a careful balance is struck between protection of the public, and civil liberties; and _ WHEREAS, in response to the avil liberties Issues raised by certain provisims of the PATRIOT AQ, legislation has been introduced in the House and Senate that would roll back certain provisions of the aft; and WHEREAS, our national government is built upon the fundamental principles of separation of powers, checks and balances, and federalism, and Nese Principles must be honored as the PATRIOT Ad and the DSEA Act is reviewed by Congress in light of the need W protect the common good and safety; and WHEREAS, the strongest protection of our civil liberties Is present when the Presidency, the Congress and the Courts are accorded their historic roles in counterbalancing powers and assuring that the powers of each branch of government are not abused. NOW, THEREFORE, BE IT RESOLVED BY THE QTY COUNCIL OF THE CRY OF BANGOR that we hereby support the U.S. campaign against terrorism while affirming our commitment W the Constitution and the Bill of Rights. BE IT FURTHER RESOVED that we strongly urge the U.S. Congress to amend the PATRIOT AR in order to restore and protect our nation's fundamental and inalienable rights and liberties and to insure Nat appropriate checks and balances are in place while maintaining the essential role of the Congress and Courts and Insuring the defense of our country and the protection of our people. BE IT FURTHER RESOLVED that we support increased and diligent Congressional, Judicial, and Executive oversight over the roles and actions of the agencies and individuals responsible for enforcing and using this law. BE iT FURTHER RESOLVED that we oil on Congress, the Department of Homeland Security, and other related agencies to partner with aties to protect our hometowns while simultaneously preserving the liberties of Americans. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded N the members of the Maine Congressional Delegation, the President of the United States, the Attorney General, and the Gavernor of the State of Maine. AS A cEbMEc SUBSYra'll'1'B curs CITY OF BANGOR (TITLE.) Resolve, Outlining Concerns Regarding the USA Pa[tlots Act WHEREAS, the City of Bangor believes that there is a tension between national security and the preservation of liberty and affirms its strong support of the rights of Americans to be both safe and free; and WHEREAS, we recognize the Constitution of the United States as our nation's charter of liberty and that the Bill of Rights enshrines the fundamental an inalienable rights of America, including Me freedomes of speech, religion, assembly, and privacy; and WHEREAS, on September 11, 2001, terrorists from abroad attacked the U.S. by commandeering four commercial airliners, destroying the World Trade Center in New York, significantly damaging the Pentagon, and causing a jetliner crash, all of which resulted in significant casualties; and WHEREAS, the terrorist attack was an attack on a nation that i5 home W a diverse population and plunged Me nation into deep concern regarding its security and vulnerability to future attacks; and WHEREAS, the City of Bangor, In concert With all free peoples everywhere, condemns all terrorist acts wherever they occur; and WHEREAS, efforts to prevent and respond to acts of terrorism require extensive coordination, cooperation, and accountability among federal, state, and local governments; and WHEREAS, we recognize that protecting our citizens against future terroHrt attacks requires the federal government to aggressively pursue potential terrorists; however, Me effort to combat terrorism must not disproportionately infringe on the essential civil rights; and liberties of _Me peapleof the United States; and. - WHEREAS, in response to the terrorist attacks, on Oc ober 26, 2001 the United States Congress passed and President Bush signed into law the USA PATRIOT Act by a Senate vote of 98-1 and House of Representative vote of 357fi6; and WHEREAS, we applaud those sections of this Act that eliminate unnecessary barriers m the sharing of intelligence Information and that modernize elements of the law to take into account me technical revolution in telecommunications; and - WHEREAS, we recognize that legislation adopted in the heat of crisis may not have received me level of scrutiny, public input, and thoughtful consideration necessary when balancing security and civil liberties; and 04-09 WHEREAS, we also are concerned that a number of provisions of the USA PATRIOT Ad threaten fundamental rights and chit liberties including authorization to perform searches with no one present and W delay notification of the search of a down's home; authorization to seek records, including records from libraries and bookstores, tel on minimal evidence of wrongdoing and the prohibition against librarians and bookstore employees from disclosing the fad that they have been ordered to Produce such documents; amending the "probable cause" requirement before conductiong secret searches or surveillance; the provision of broad access to sensitive health, library, business, financial, and educational records in spite of the existence or previously adopted Rate and federal pnvacy laws; authorization of broad powers to the Secretary of State to designate domestic groups as "terrorist organizations" and granting the Attorney Genereal power to subject immigrants to indefinite detention or deportation even if no chime has been committed; and the imposition OF an unfunded mandate an state and local public universities who must called information on students that may be of Interest to the Attorney General; and WHEREAS, new legislation has been drafted entitled the Domestic Security Enhancement Ad (DSEA, also known as PATRIOT In that contains numerous new sweeping law enforcement and Intelligence gathering powers, many of which are not related to terrorism and which would severely dilute or undermine marry basic constitutional rights; and WHEREAS, in response to the civil liberties issues raised by certain provisions of the PATRIOT Act, legislation has been introduced in the House and Senate that would roll back certain provisions of the ad; and WHEREAS, our national government is built upon the fundamental principles of separation of powers, checks and balances, and federalism, and these principles must be honored as the PATRIOT Ad and the DSEA Ad is reviewed by Congress; and WHEREAS, the strongest protection of our coil liberties is present when Congress and the blurts are accorded their historic mles in counterbalancing executive powers and assuring that these Powers are not abused. NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF BANGOR that we hereby support the U.S. campaign against terrorism while affirming our commitment to the Constitution and the Bill of Rights. BE IT FURTHER RESOLVED that we urge the President and members of the executive branch to review, revise and resting executive orders and Policies adopted since the terrorist attacks that compromise or unnecessarily limit the liberties guaranteed by the Constitution and the Bill of Rights. BE IT FURTHER RESOVED that we strongly urge the U.S. Congress to amend the PATRIOT Act in order to restore and probed our nation's fundamental and inalienable rights and liberties and to Insure that appropriate checks and balances are in place by maintaining the essential role of the Congress and Courts. BE 9 FURTHER RESOLVED that we support the "Freecum to Read Proodion Ad of 2003" that would reinstate appropriate legal standards for libraries and booksthres and the "Protecting the Rights of Individuals Act" which would require a court order before conducting electronic surveillance. BE IT FURTHER RESOLVED that we support increased Congressional oversight over the role and actions of the agendas responsible for enforcing and using this law. 0M09 BE IT FURTHER RESOLVED that we call on Congress, the Department of Homeland Sewnty, and other related agencies ro partner with dies to protect our hometowns while simultaneously preserving the essential liberties of Americans. BE IT FURTHER RESOLVED that a copy of this resoludon be forwarded to the members of the Maine Congressional Delegation, the President of me United States, the Attorney General, and the Govemor of the State of Maine, IP CITT COOtlCL. May 10. 2006 Motion Made and Seconded for Passage Motion Made and Seconded to Amend by Substitution Members of the Public spoke in favor of E in aitim_ty tide aswasiment. Motion to Aomd Doubted Vote on Motion to Amend: g yea. 1 m Counsellors voting yes: Allen. D'Errico. Farrington. Gratulck.. Greene, Meelley. Pelaer and Treable Councilor voting no: Casbmll Passed Ae ameended by ulza El 40 U 1 06-139 S 0Lv8 (TITLE) the Maeasity of Preaetving Civil Liberties withint e Context of Matfoml Security ansd the uar m e or Assignedo CounclW UW ,F