RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE IN SUPPORT OF HOMELAND SECURITY AND TO  PROTECT CIVIL LIBERTIES

          WHEREAS, the City of Sunnyvale fully supports the efforts of the federal government in protecting homeland security but such efforts should not alter long-established civil rights and protections of its residents; and

          WHEREAS, there are available many law enforcement investigative tools that are consistent with these civil rights and provide law enforcement with the ability to monitor and investigate individuals suspected of illegal activity; and

WHEREAS, the City of Sunnyvale ("the City") is proud of its long and distinguished tradition of protecting the civil rights and liberties of its residents; and

WHEREAS, the City has a diverse population whose contributions to the community are vital to its economy, culture and civic character; and

WHEREAS, the preservation of civil rights and liberties is essential to the well-being of a just and democratic society; and

WHEREAS, the City affirms its commitment to the Bill of Rights and other amendments to the Constitution of the United States of America and the Constitution of the State of California, and objects to any erosion and violation of the rights and liberties of residents of the City; and

WHEREAS, the City concludes that such erosion and violation is taking place under certain provisions of the USA Patriot Act, in particular, the expansion of authority to conduct surveillance of lawful activities and expanded information gathering about persons without any demonstrated evidence or suspicion of criminal activity.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:

1.       The City of Sunnyvale fully supports the efforts of the federal government in protecting homeland security and in the prevention of and apprehension of individuals involved in illegal activity.

2.       The City of Sunnyvale affirms its strong support for fundamental constitutional rights and opposition to measures that undermine this nation’s strong tradition of  civil liberties.

3.         Officials of the City of Sunnyvale are urged to object to the maximum extent permitted under law to actions or requests for personal information which violate constitutionally guaranteed rights to privacy.  

4.        The privacy rights and intellectual freedoms of Sunnyvale residents are affirmed and librarians, booksellers and other communications dealers are encouraged by the City to protect, to the maximum extent permissible under law, the privacy and civil rights of their clients and customers.

5.       The City of Sunnyvale's concerns shall be communicated to state and federal representatives who shall be urged to work toward repeal or modification of provisions of the USA Patriot Act which infringe on civil liberties.

          Adopted by the City Council at a regular meeting held on ________, 2005, by the following vote:

(SEAL)

APPROVED AS TO FORM AND LEGALITY:

______________________________________

David E. Kahn, City Attorney