KENAI PENINSULA BOROUGH

RESOLUTION 2003-043 (MERKES) SUBSTITUTE

A RESOLUTION TO ESTABLISH KENAI PENINSULA BOROUGH POLICY WITH RESPECT TO FEDERAL ANTI-TERRORISM ACTS, LEGISLATION, AND ORDERS

WHEREAS, the Kenai Peninsula Borough denounces terrorism, and appreciates and supports those who defend us from terrorism and terrorist attacks, the men and women serving in our armed forces, federal, state and local law enforcement officers, firefighters, and health service professionals; and

WHEREAS, the Kenai Peninsula Borough recognizes its diverse population, including citizens of other nations, whose many and valued contributions to the community are vital to its character and function; and

WHEREAS, the Kenai Peninsula Borough avows and is sworn to the full protection of the civil rights and civil liberties for all people as expressed in both the Alaska State Constitution and the United States Constitution, which so many have made grave sacrifices to initiate and protect; and

WHEREAS, the First Amendment to the United States Constitution states Congress shall make no law, respecting an establishment of religion or prohibiting the free exercise thereof, or to abridge the freedom of speech or the press, or of the right of the people to peaceably assemble and to petition the Government for a redress of grievances; and

WHEREAS, the Fourth Amendment states the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, and shall not be violated. That no warrants shall be issued, but upon probable cause, supported by oath, or affirmation and particularly describing the place to be searched, and the persons or things to be seized; and

WHEREAS, the Fifth Amendment states, in part, that no person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of the law; and

WHEREAS, the Sixth Amendment states, in part, that defendants are guaranteed the right to a speedy and public trial by an impartial jury, to be informed of the nature and cause of the accusation and to be confronted with the witnesses against him, and the right to have the assistance of counsel for his defense; and

WHEREAS, the Eighth Amendment states excessive bail shall not be required, nor excessive fines be imposed, nor cruel and unusual punishments be inflicted; and

WHEREAS, the Fourteenth Amendment states all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws; and

WHEREAS, in response to the terrorist attacks of September 11, 2001, the United States Congress passed the 'Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001', the 'Homeland Security Act of 2002', and may soon rule on the United States Justice Department's Draft 'Domestic Security Enhancement Act of 2003; and

WHEREAS, due to the extraordinary events of September 11, 2001 and the press of time, various Presidential Executive Orders, the USA PATRIOT Act, and the Homeland Security Act have not received the level of scrutiny that Presidential Orders and Acts of Congress deserve; and

WHEREAS, the USA PATRIOT Act at Section 412 authorizes the indefinite incarceration or deportation of non-citizens, suspected terrorists, and the Immigration and Nationality Act is amended by authorizing the incarceration or deportation of non-citizen suspected terrorists if the alien is certified under Section 3-A or B as a suspected terrorist; and

WHEREAS, the USA PATRIOT Act at Section 216 reduces judicial supervision and civil liberties protections relevant to an ongoing criminal investigation related to the use of devices which identify the caller, routing, and recipient of telephone and internet communications; and

WHEREAS, the USA PATRIOT Act at Section 215, 218, 219, 358, 507, and 508 provide that law enforcement and intelligence agencies may make application for an order for broader access to medical, mental health, library, business, financial, educational, and other records about individuals for an investigation to protect against international terrorism or clandestine intelligence activities; and

WHEREAS, the United States Justice Department proposes to enact the Draft Domestic Security Enhancement Act of 2003, which together with the aforementioned Acts and Presidential Orders, could further remove, suspend, or repress freedoms granted in the United States Constitution and the Bill of Rights;

NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH:

SECTION 1. Affirmations.

A. The Kenai Peninsula Borough affirms its strong opposition to terrorism, and also strongly affirms that efforts to end terrorism should not be waged at the expense of the fundamental civil rights and liberties of the people of the Kenai Peninsula Borough, the United States, and the world.

B. The Kenai Peninsula Borough affirms the right of all people living within the United States to be treated in accordance with the full protections granted in the United States Constitution and the Alaska State Constitution.

C. The Kenai Peninsula Borough strongly affirms that the rights of all people shall not be abridged due to race, ethnicity, country of origin, or association as granted in the United States Constitution and the Alaska State Constitution.

SECTION 2. Action Items.

A. The Kenai Peninsula Borough respectfully requests the President of the United States, the United States Attorney General, the Director of Homeland Security, and the United States Congress formally review, and as necessary amend various Presidential Executive Orders, the USA PATRIOT Act, the Homeland Security Act, and the Draft Domestic Security Enhancement Act of 2003 to ensure that they are consistent with constitutionally protected civil rights and fundamental civil liberties.

B. The Kenai Peninsula Borough recognizes that its administrative officers, librarians, school officials, borough health workers, and other employees may receive requests for information under provisions of the USA PATRIOT Act, the Homeland Security Act, various Executive Orders, and the proposed Domestic Security Enhancement Act and encourages Kenai Peninsula Borough employees to consult with the borough Attorney's office concerning the propriety of divulging requested information.

C. The Borough Attorney's office is directed to instruct Kenai Peninsula Borough employees and make them aware of their rights and responsibilities under the United States and Alaska Constitutions in regards to the USA PATRIOT Act, the Homeland Security Act, various Presidential Executive Orders, and the proposed Domestic Security Enhancement Act.

D. The Kenai Peninsula Borough Assembly is requested to prepare a report, insofar as its duty of confidentiality permits, whenever knowledge or a complaint of an employee's civil rights or liberties have allegedly been infringed due to actions authorized by the USA PATRIOT Act, the Homeland Security Act, various Presidential Executive Orders, and the proposed Domestic Security Enhancement Act.

E. The United States Attorney for the District of Alaska is requested to provide the Kenai Peninsula Borough Assembly with an annual summary of investigations, warrants, orders, subpoenas, and arrests carried out within the Kenai Peninsula Borough under the authority of the USA PATRIOT Act, the Homeland Security Act, various Executive Orders, and the Draft Domestic Security Enhancement Act. The Kenai Peninsula Borough shall make such information available to the public.

F. Copies of this resolution of the Kenai Peninsula Borough shall be distributed to the President of the United States, the United States Attorney General, the Director of Homeland Security, the United States Congress, the Alaska State Legislature, the Alaska State Troopers, the United States Attorney for the District of Alaska, and to the various local law enforcement agencies located in the Kenai Peninsula Borough.

SECTION 3. This resolution shall be effective immediately upon its adoption.

ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS *TH DAY OF *, 2003.