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HomeMy WebLinkAboutbocc.packet.spec.08022006 , AGENDA ITEM SUMMARY SPECIAL MEETING DATE: August 2, 2006 AGENDA ITEM TITLE: Bill of Rights Defense Resolution STAFF RESPONSIBLE: Debbie Quinn DESCRIPTION OF ISSUE: This special meeting and public hearing has been arranged at the direction of the Board of County Commissioners, following a request by the Woody Creek Caucus that the Board conduct such a hearing and take a position in defense of the Bill of Rights. Background information. A grassroots movement commenced in Massachusetts in November 2001 with the formation of the Bill of Rights Defense Committee, whose mission is to promote, organize, and support a diverse, effective, national grassroots movement to restore and protect civil rights and liberties guaranteed to all U.S residents by the Bill of Rights. Our purpose is to educate people about the significance of those rights in our lives; to encourage widespread participation; and to cultivate and share the organizing tools and strategies needed for people to convert their concern, outrage. and fear into debate and action to restore Bill of Rights protections. Since its inception, 8 states and 400 cities and counties throughout the nation have passed resolutions relating to the USA Patriot Act, the Bill of Rights and the U.S. Constitution. The Colorado legislature passed a resolution on May 9, 2005 and the City of Aspen passed a resolution on June 14, 2004, both of which "support(s) the government ofthe United States in its campaign against terrorism and affirm( s) its commitment that the campaign not be waged at the expense of the essential civil rights and liberties enshrined in the constitutions of the United States and the state of Colorado." The legislative resolution goes on to state that "it is the policy of the state of Colorado to oppose any provision or application ofthe "USA PATRIOT Act" that would violate the rights and liberties guaranteed by the state and federal constitutions." Since the passage ofthe City of Aspen's and the State of Colorado's resolutions, the American Bar Association has taken a position on the President's secret authorization of warrantless electronic eavesdropping by the National Security Agency (NSA) on Americans and others inside the United States to search for evidence ofterrorist activity. A national controversy has resulted, with both critics and supporters of the NSA program. This latest controversy increases the need for communities to engage in public discussions about how the war on terrorism and related legislation has affected our civil liberties. J- 1 - , Public Hearinl!. The agenda for the public hearing is as follows: 1. Brief introductory comments by Dwight Shellman on behalf of the Woody Creek Caucus, including comments on the national context for the issue and action by the State of Colorado. 2. Comments and testimony from several witnesses to be introduced by Mr. Shellman. 3. Comments and testimony from members of the public. 4. Comments and testimony from members of the Board of County Commissioners and other elected officials in attendance. 5. Discussion and consideration ofa resolution by the Board of County Commissioners. A draft resolution, based on the nearly identical resolution passed by the Colorado legislature, is attached for the Board's discussion and consideration. RECOMMENDED ACTION: Conduct a public hearing, revise the draft resolution as necessary and approve the resolution. j 2 DRAFT A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO, CONCERNING THE USA PATRIOT ACT, THE BILL OF RIGHTS AND THE CONSTITUTIONS OF THE UNITED STATES OF AMERICA AND THE STATE OF COLORADO Resolution # _ - 2006 Recitals 1. The Board of County Commissioners of Pitkin County, Colorado recognizes the Constitution of the United States as our charter of liberty, and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including, but not limited to, the freedoms of religion, speech, assembly and privacy. 2. Each of Colorado's duly elected public servants has sworn to defend and uphold the United States Constitution and the Constitution of the State of Colorado. 3. The Board of County Commissioners denounces and condemns all acts of terrorism, wherever occurring. 4. Attacks against the United States such as those that occurred on September II, 200 I, have necessitated the crafting of effective laws to protect the public from terrorist attacks. 5. Any new security measures of federal, state, and local governments should be carefully designed and employed to enhance public safety without unnecessarily infringing on the civil liberties and rights of innocent citizens. 6. The Board of County Commissioners recognizes that Pitkin County has a diverse population, whose different backgrounds and experiences allow them to contribute a variety of ideas, expressions and perspectives that enrich our community. 7. Pitkin County hosts international guests who expect a welcoming experience upon arrival to the United States. 8. Aspen, the Pitkin County government seat, has an international presence through its participation in World Cup skiing events and functions sponsored by its non-profit community including, but not limited to, the Aspen Institute, the International Design Conference, the Aspen Music Festival, the Rocky Mountain Institute, and the Aspen Center~ Physics. 4 3 9. Certain provisions of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, commonly known as the USA PATRIOT Act (Public Law l07-56), allow the federal government more liberally to detain and investigate citizens and engage in surveillance activities that may violate or offend the rights and liberties guaranteed by our state and federal constitutions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO THAT: 1. The Board of County Commissioners of Pitkin County, Colorado supports the government of the United States of America in its campaign against terrorism and affirms its commitment that the campaign not be waged at the expense of inalienable civil rights and liberties of citizens of this country. 2. The Board of County Commissioners of Pitkin County, Colorado opposes any portion of the USA P~TRIQT Act that could be used to justify the violation of the rights and liberties Clfcitizens4uaranteed equally under the state and federal constitutions. 3. No agency or instrumentality of Pitkin County should, without reasonable suspicion of criminal activity under Colorado or federal law: (a) Initiate, participate in, assist, or cooperate with any inquiry, investigation, surveillance, or detention; (b) Record, file, or share intelligence information concerning any person or organization, including library lending and research records, book and video store sales and rental records, medical records, financial records, student records, internet mail and usage records, and other personal data, even if authorized under the "USA PATRIOT Act"; or (c) Retain such intelligence information. 4. No agency or instrumentality of Pitkin County should: (a) Collect or maintain information about the political, religious, or social views,' associations, or activities of any individual, group, organization, or business entity, unless the information directly relates to an investigation of criminal activities and there are reasonable grounds to suspect that the subject ofthe information is involved in criminal conduct; or (b) Use race, religion, ethnicity, or national origin as factors in selecting individuals to subject to investigatory activities, except with respect to a specific suspect whose race, religion, ethnicity, or national origin is part of the description of the suspect. 5. The Board of County Commissioners implores its federal congressional representatives to correct provisions in the USA PATRIOT Act and other measures that infringe on civil liberties, and opposes any pending and future federal legislation to the extent that it infringes on the rights and liberties of citizens ofthe United States. 4 -5 . Be It Further resolved, that copies of this Resolution be sent to the Honorable George W. Bush, President of the United States; the Honorable Alberto Gonzales, Attorney General of the United States; the Honorable Bill Owens, Governor of Colorado; and the members of Colorado1s congressional delegation. INTRODUCED, READ, AND ADOPTED ON THE 2nd DAY OF AUGUST, 2006. ATTEST; BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Jeanette Jones, Deputy Clerk By: Michael C. Ireland, Chair Manager's Approval: Hilary Fletcher Smith, Manager John Ely, County Attorney 5 ~