The Resolution   (this is Draft, until finalized)

WHEREAS, Public Law 107-56, The US Patriot Act, enacted at the Federal
level, and several Executive Orders, appear to place in jeopardy some
fundamental Constitutional guarantees, most particularly including:

•Freedom of speech, religion, the press, assembly and privacy;

•The rights to counsel and due process in judicial proceedings; and

•Protection from unreasonable searches and seizures; and the right to
petition grievances.


WHEREAS, the City of Yakima seeks to protect and expand civil rights
and civil liberties for all its residents, non-citizens and citizens
alike; and

WHEREAS, the City of Yakima houses an admixture of  students and
working population, including migrant workers, whose contributions to
the community are vital to its economy, culture, and civic character;
and

WHEREAS, many provisions of the US PATRIOT Act and other related
Federal orders and measures may pose a threat to the civil rights and
civil liberties of the residents of our City, by potentially:

       a. Producing threat of law regarding telephone and Internet usage.

       b. Expanding the government’s power to conduct secret searches
without warrants.

       c. Granting power to the federal Secretary of State to designate
domestic groups, including political and religious groups, as
“terrorist organizations”.

       d. Granting power to the Attorney General to subject non-citizens
to indefinite detention or deportation even if they have not committed
a crime.

        e. Granting the Federal Bureau of Investigations (FBI) access to
sensitive medical, mental, health, financial and educational records
about individuals without having to show evidence that a crime has been
commited.

        f. Granting the FBI the power to compel libraries and bookstores
to produce circulation or book purchase records of their patrons, and
forbidding disclosure that such records have been requested and
produced; and


WHEREAS, the City of Yakima is proud of its tradition of protecting the
constitutional rights and civil liberties of its residents; and

WHEREAS, it is possible that city employees, particularly police
officers, will receive requests to take actions from federal law
enforcement agencies pursuant to purported authority of the USA Patriot
Act, which requests, if complied with, may violate the constitutional
guarantees of Yakima residents; and

WHEREAS, the City of Yakima honors the memory of victims of the
terrorist attacks of September 11, 2001, by denouncing acts of violence
and intolerance against all people, and affirming the civil rights of
people of all ethnic and ideological backgrounds; and

WHEREAS, a nation headed to a foreign war must do everything in its
power to lessen fear at home and reinforce constitutional protections
for those who in times of war may be victimized; and

WHEREAS, the Bill of Rights of the United States Constitution and the
Declaration of  Rights of the Constitution of the State of Washington
guarantee all people living in the City of Yakima freedom of speech,
assembly and privacy, equality before the law and the presumption of
innocence, access to counsel and due process in judicial proceedings,
and protection from unreasonable searches and seizures; and

WHEREAS, the preservation of civil rights and civil liberties is a
pillar of American society and is essential to the well-being of any
democracy, particularly during times of conflict when such rights and
liberties, especially those of immigrants and ethnic minorities, may be
threatened, intentionally or unintentionally, under false pretense of
national security or patriotic zeal; and

WHEREAS, the City of Yakima denounces terrorism, and acknowledges that
federal, state and local governments have a responsibility to protect
the public from terrorist attacks, but should do so in a rational,
deliberative and lawful fashion to ensure that any new security measure
enhances public safety without impairing constitutional rights or
infringing upon civil liberties; and

WHEREAS, law enforcement and security measures that undermine
fundamental rights do irreparable damage to the American institutions
and values of equal justice and freedom that the residents of the City
of Yakima hold dear; and

WHEREAS, the Council of the City of Yakima believes that there never
need be a conflict between security and the preservation of liberty,
and that residents of this City and this nation can be both safe and
free; and

WHEREAS, cities and counties in more than 180 communities, including
major cities such as Chicago, Detroit, Philadelphia, Seattle,
Bellingham, and Olympia have enacted resolutions reaffirming support
for civil rights and liberties in response to the USA PATRIOT Act and
other government policies that threaten these values, and demanding
accountability from law enforcement agencies regarding their use of
these new powers


THEREFORE, BE  IT RESOLVED THAT THE COUNCIL OF THE CITY OF YAKIMA

             REAFFIRMS its commitment to the protections guaranteed by
the Constitution of the United States and the State of Washington and
further condemns any measure which impairs such constitutional
guarantees.

             REAFFIRMS the commitment of the City of Yakima to observe
and respect the constitutional protections, particularly those
guaranteed by the Bill of Rights and the 14th Amendment, of all people
living in or travelling through Yakima, regardless of citizenship or
national origin.

             ESTABLISHES as the policy of the City of Yakima, that in
the event a request is made by an outside agency, the compliance with
which, in the judgement of the City employee receiving such request, is
contrary to or in violation of the Constitutional protections afforded
to any person in Yakima, --the employee should promptly communicate
such belief to his or her supervisor or manager for transmittal to the
City Attorney for review and, if appropriate, commencement of judicial
proceedings to review the constitutionality of such request, should
begin.

BE IT FURTHER RESOLVED THE CITY OF YAKIMA

REQUESTS that the U.S. Attorney’s Office, Federal Bureau of
Investigation, Immigration and Naturalization Service, and any other
local, state, or federal law enforcement officials acting within the
City work cooperatively with the Yakima Police Department, abide by the
Department’s policies prohibiting racial profiling and detentions
without charges, and regularly and publicly report to the City the
following:

A.                 The extent of electronic surveillance carried out
within the City of Yakima under powers granted in the US Patriot Act;
B.                 The extent to which federal authorities are
monitoring political or religious gatherings, or other such activities;
C.                 The number of times library records have been
obtained from libraries in the City of Yakima under section 215 of the
USA Patriot Act.
D.                 The number of times that records of books purchased
by store patrons have been obtained from bookstores in the City of
Yakima under section 215 of the USA Patriot Act.
E.                  The names of Yakima residents who are detainees
pursuant to Sections 411 and 412 of the USA Patriot Act.


BE IT FURTHER RESOLVED

  That the Mayor of the City of Yakima communicate a copy of this
resolution to all City Departments, the Governor and Attorney General
of the State of Washington, the Washington Congressional delegation,
the United States Attorney General, and the President of the United
States.

BE IT FURTHER RESOLVED

That the provisions of this Resolution shall be severable, and if any
phrase, clause, sentence, or provision of this Resolution is declared
by a court of competent jurisdiction to be contrary to the Constitution
of the United States or of the State of Washington or the applicability
thereof  to any agency, person, or circumstances is held invalid, the
validity of the remainder of this Resolution and applicability thereof
to any other agency, person or circumstances shall not be affected
thereby;  and

FURTHER REQUEST

             That the Member of Congress representing the Fourth
Congressional District and our United States Senators actively work for
the repeal of those parts of the US Patriot Act which violate
fundamental rights and liberties as enumerated in the Constitutions of
the State and the United States.

We, the undersigned, hereby declare our belief and concern that certain
aspects of the USA Patriot Act passed by the US Congress, as described
herein, since the tragic and murderous September 11, 2001 attacks on
our nation, seriously infringe upon constitutional protections and
guarantees.

Adopted by the City Council the _____ day of _______________, 2003, and
signed by me in open session in authentication of its adoption this
_____ day of _______________, 2003.

Concurring:



City of  Yakima Mayor _________________________________________


City of Yakima Chief of Police ___________________________________


County of Yakima Commissioner ________________________________


County of  Yakima Commissioner ________________________________


County of Yakima Commissioner ________________________________


County of Yakima Sheriff _______________________________________

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