HomeMy WebLinkAboutbocc.res.087.2006
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 #M - 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 ofthe 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 11, 2001,
have necessitated the crafting of effective laws to protect the public from terrorist attacks.
5. Any new security measures of federal, state, and local goverrunents should be
carefully designed and employed to enhance public safety without infringing on the civil
liberties and rights of innocent people.
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 emich 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 for Physics.
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 107-56), allow the federal government more
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liberally to detain and investigate people 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
goverrunent 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 PATRIOT Act that could be used to justify the violation ofthe rights and
liberties of people guaranteed 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 people of the United States.
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
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of the United States; the Honorable Bill Owens, Governor of Colorado; and the members
of Colorado's congressional delegation.
INTRODUCED, READ, AND ADOPTED ON THE 2nd DAY OF AUGUST, 2006.
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ATTEST: BOARD OF COUNTY
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Jeanette Jones, Deputy Clerk
COMMISSIONERS OF PITKIN
COUNTY, COLORADO
By: ~ i~~~~v ~l
Michael C. Ireland, C air
Manager's Approval:
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Hilary Fletcher Smith, Manager ~ ~,5/~;~
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-~~~ John Ely, Co~ty Attorney
Patti Kay-Cl er, Commissioner
Michael Ow ey, Commissioner
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Ja Hatfield, Com ' sinner
Dorothea Farris, Commissioner
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