SF.Resolution.final

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| CITY OF SANTA FE, NEW MEXICO RESOLUTION NO. 2002-_____ INTRODUCED BY: Matthew Ortiz Miguel Chavez Additional co-sponsors: Patti Bushee, David Coss, Karen Heldmeyer A RESOLUTION SUPPORTING THE BILL OF RIGHTS AND CIVIL LIBERTIES FOR SANTA FEANS WHEREAS, the City of Santa Fe and its citizens are governed by the United States Constitution, including the Bill of Rights, and the New Mexico State Constitution; WHEREAS, fundamental rights granted by the United States Constitution are threatened by actions taken at the federal level, notably by passage of sections of the USA PATRIOT ACT and several Executive Orders which, among other things: * Violate the First and Fourth Amendments to the Constitution through the expansion of the government’s ability to wiretap telephones, monitor e-mail communications, survey medical, financial and student records, and secretly enter homes and offices without customary administrative oversight or without showing of probable cause; * Grant potential unchecked powers to the U.S. Secretary of State to designate legal domestic groups as “terrorist organizations”, while lifting administrative regulations against covert, surveillance counter-intelligence operations by the F.B.I. that in the past targeted domestic groups and individuals; * Violate the Fifth and Sixth Amendments to the Constitution in establishing secret military tribunals, and in subjecting citizens and non-citizens to indefinite detention even when they have not been allowed an attorney, brought to trial, or even charged with a crime; WHEREAS, the City of Santa Fe adheres to the principle that no law enforcement agency, or any other city agency, may profile or discriminate against any person solely on the basis of ancestry, race, ethnic or national origin, color, age, sexual orientation, gender, religion, or physical or mental disability; WHEREAS, the City of Santa Fe wants to recognize the commitment it has to uphold the legal and human rights of its residents; WHEREAS, other communities from around the country have passed similar resolutions reinforcing local efforts to support and defend legal and human rights of their residents; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SANTA FE that it has been, and remains, firmly committed to the protection of civil rights and civil liberties for all of its residents and affirms its commitment to embody democracy and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and the New Mexico State Constitution; BE IT FURTHER RESOLVED that local law enforcement continue to preserve and uphold residents’ freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested to do otherwise and infringe upon such rights by federal or state law enforcement agencies acting under new powers created by the USA PATRIOT ACT or by Executive Order; BE IT FURTHER RESOLVED that law enforcement officials, public officials, and Santa Feans engage in and participate in community dialogue on civil liberties issues, in order to promote the safety and well-being of Santa Fe; BE IT FURTHER RESOLVED that our Federal legislative delegation is petitioned to actively monitor the implementation of the USA PATRIOT ACT, any new Executive Orders, or COUNTERINTELPRO-type regulations and actively work for the repeal of those portions that violate the guaranteed civil liberties enumerated in the Bill of Rights. BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this Resolution to all federal and state law enforcement agencies, the Governor’s office, and to the New Mexico federal legislative delegation. PASSED, APPROVED AND ADOPTED this ________ day of October, 2002. __________________________ LARRY A. DELGADO, MAYOR ATTEST: ___________________________ YOLANDA Y. VIGIL, CITY CLERK APPROVED AS TO FORM: _____________________________ BRUCE THOMPSON, CITY ATTORNEY