Text of city measure about USA Patriot Act

Here is the text approved Monday by the Corvallis City Council of its resolution concerning the USA Patriot Act:

Resolution 2003-15


A RESOLUTION Protecting Civil Rights and Liberties of City of Corvallis Residents


WHEREAS, The City of Corvallis strives to be a "community that encourages diversity and is free of prejudice, bigotry and hate" (Corvallis 2020 Vision Statement), is enriched by Oregon State University's foreign student population, our Uzhgorod Sister City relationships, and international exchange programs that teach us about each other and help make us an involved and concerned part of the international human community; and

WHEREAS, the Bill of Rights of the Oregon Constitution and the United States Constitution grant citizens and non-citizens living within the City of Corvallis each certain fundamental rights, such as freedom of speech and the press; protection from unreasonable searches and seizures; an open administration of justice; comprehensive rights of the accused in criminal prosecution; the privilege of the writ of habeas corpus — requiring that a person be brought before a court to determine whether that person has been detained legally; and

WHEREAS, the City Council of the City of Corvallis is committed to upholding the human rights of all persons in Corvallis and their exercise and enjoyment of any and all rights and privileges secured by our constitutions and laws of the United States, the State of Oregon, and the City of Corvallis; and

WHEREAS, we believe that actions recently taken by the Federal government, including the adoption of the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act," also known as the USA Patriot Act, several Executive Orders, and the "Homeland Security Act" may allow the Federal government to violate the following rights which are guaranteed to all residents of the United States by the Constitution of Oregon and the United States:

Freedom of speech, assemble and privacy;

Fundamental liberties protected by due process and probable cause;

The right to legal counsel in judicial proceedings; and

Protection from unreasonable searches and seizures.

WHEREAS, the City Council of the City of Corvallis affirms its strong support for fundamental rights and opposition to measures that infringe on civil rights and liberties; and

WHEREAS, the City council of the City of Corvallis reaffirms its commitment to diversity by preserving the fundamental rights of all persons within the City of Corvallis, including equal protection of the laws, freedom of speech, religion and assembly, freedom from unreasonable searches and seizures as constitutionally secured — without regard to race, ethnicity, national origin, religion, age, sexual orientation, gender, economic status, marital status, citizenship status or disability.

NOW, THEREFORE, BE IT RESOLVED THAT the City council of the city of corvallis:

1. Requests the City Manager to direct City employees to direct requests, including court orders, warrants and subpoenas from Federal authorities under the aforementioned Federal legislation or directives, to the City Manager, unless the lawful directive precludes the same; and

2. Directs the City Manager to report to the City Council at the subsequent regularly scheduled City Council meeting any known activities within the City that have been carried out under the aforementioned Federal laws and orders; and

3. Requests the City Manager to direct all City departments to continue their strong commitment to preserve freedom of speech, religion, assembly and privacy; and

4. Requests the City Manager to direct the Corvallis Police Department to continue to be vigilant in preserving the rights of the people of the City of Corvallis as secured by the Oregon and United States Constitutions. Further, we request the City Manager to direct the Corvallis Police Department to:

a. Continue to carry out investigations without regard to race, religion, ethnicity or national origin, age, sexual orientation, gender, economic status, marital status, citizenship status or disability as a factor in selecting which individuals to subject to investigatory activities, unless such information directly relates to an investigation of criminal activities.

b. Refrain from collecting or maintaining information about the political, religious, social views, associations or activities of any individual, group, association, organization, corporation, business or partnership, unless such information directly relates to an investigation of criminal activities, or there is reasonable suspicion for suspecting criminal conduct.

BE IT FURTHER RESOLVED that the Corvallis City Council respectfully request our State Legislature to ensure that State anti-terrorism measures and laws be implemented in a manner that does not infringe on civil rights and liberties and respectfully request that our United States Representatives and Senators monitor the implementation of Federal legislation and executive directives and actively work to repeal those parts of such legislation that violate our rights and liberties as stated in the Constitution of the United States; and

BE IT FURTHER RESOLVED that the Corvallis City Council directs the Mayor to forward this Resolution to the Governor of the State of Oregon and our State Legislative Delegation and our National Congressional Delegation.

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