Avondale, AZ Affirming the Principles of Civil Liberties

Type: Resolution

Status: Adopted on 9/6/05

Source File: http://www.ci.avondale.az.us/DocumentView.asp?DID=1115

Text:

RESOLUTION NO. 2525-05
A RESOLUTION OF THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA, AFFIRMING THE PRINCIPALS OF CIVIL LIBERTIES.

WHEREAS, the Constitution of the United States and the Bill of Rights enshrine the fundamental rights of freedoms of speech, religion, assembly and privacy; and

WHEREAS, the United States has developed based upon the beliefs that there is no inherent conflict between national security and the preservation of liberty and that Americans have the right to be both safe and free; and

WHEREAS, in response to the terrorist attacks on September 11, 2001, the United States Congress, on October 26, 2001, passed and President Bush signed into law the USA PATRIOT ACT, an acronym for “United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (the “Patriot Act”); and

WHEREAS, a number of provisions of the Patriot Act threaten fundamental rights and civil liberties such as permitting law enforcement to delay notification of the search of a citizen’s home and allowing law enforcement to seek records from libraries based on minimal evidence of wrongdoing; and

WHEREAS, these provisions of the Patriot Act have been implemented despite the existence of previously-adopted state and federal laws which were intended to strengthen the protection of personal information; and

WHEREAS, municipal government budgets across the nation are strained and these added duties constitute unfunded mandates on municipal police departments and libraries; and

WHEREAS, efforts to prevent and respond to acts of terrorism require extensive coordination, cooperation and accountability among federal, state and local levels of government; and

WHEREAS, the implementation of the Patriot Act may cause residents to avoid utilizing municipal services provided by their respective communities because such use may expose their personal information to unwanted disclosure.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF AVONDALE as follows:

SECTION 1. That the City of Avondale is committed to protecting the United States of America and supports efforts of national security.

SECTION 2. That the City of Avondale urges the President, Congress and the Department of Homeland Security to work together to review and revise provisions of the Patriot Act that limit or compromise the liberties guaranteed by the Constitution, particularly those relating to personal information held by local libraries and delayed notification for search warrants.

SECTION 3. That this Resolution shall be sent to every member of Arizona’s Congressional Delegation for their information and urging their support of civil liberties.

SECTION 4. That the Mayor, the City Manager, the City Clerk and the City Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution.