Pete Sprague, President Gary Superman, Vice President

907-262-8608

TO: Assembly President Sprague

Members of the Assembly

FROM: Grace Merkes, Assembly Member

DATE: April 15, 2003

SUBJECT: Ordinance 2003-043 Substitute

Speaking in support of the SUBSTITUTE RESOLUTION

Reasons for why I am submitting a substitute resolution to request US President, Attorney General, Homeland security, Congress, etc. to formally review, and as necessary amend various Terrorism Acts to ensure they are consistent with constitutionally protected rights and liberties.

1^st I want to make it clear that I support all citizens' rights as guaranteed by our Constitutions and Amendments to the Constitution. I do not want to see those rights eroded or violated because of Terrorism but I do think that with the current threat of terrorism in the United States, government should be given the authority to monitor and intercept communications and acts of suspected terrorism.

2nd I think the original Resolution is something that was written by someone, I'm not sure who, other then the sponsor, our legal advisor, or the citizen that originally submitted the idea to the assembly. The USA Patriot Act which means "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" is so long, (on my computer 380 pages) that an ordinary person cannot understand or interpret it. I don't think this assembly should accept a Resolution we have little knowledge of. We, as a local elected body, have no resources to research all the Acts and the reasons they were implanted or changed as presented in the original Resolution.

3rd I think we can agree with the first five and the eight Whereas in reference to the Amendments in the US Constitution. We have access to the Constitution and have agreed to uphold it when we took the oath of office.

4^th Reference to the 5^th and 6^th Amendment is only part of those Amendments and should state that

5^th Reference to 14 th Amendment DELETE as statement is only a part of the Amendment and ADD the whole amendment.

6^th DELETE 11^th Whereas, this is only an opinion not a fact

7^th I recommend we either DELETE the Whereas (# 13-17) in reference to Sections of the Patriot Act as we have no research or knowledge of these statements if they are true, only part true or just an opinion. OR we could approve the changes as I have come up with conclusions after researching the Act as I see it.

8^th DELETE #18 and 19 ( I don't think any of us have read the "Presidents Military Order of November 13, 2001"

9^th DELETE #21, Not Relevant

10^th In the Affirmations change "without due process and add as granted in the US const. Etc.

11^th DELETE any reference to citizens and the request of public sessions

So in closing I agree that we should take a stand on requesting a formal review of the Acts and support of citizens rights as guaranteed by the Constitution but think the Whereas and Action items are too much so I ask your support on at least some of the changes I am recommending.