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HomeMy WebLinkAboutRESOLUTION 2003-35Suggested by: Council Member Bookey City of Kenai RESOLUTION NO. 2003-35 A RESOLUTION OF THE COUNCIL OF THE CITY OF I~NAI, ALASKA RELA~NG TO THE USA PATRIOT ACT, THE BILL OF RIGHTS, THE CONSTITUTION OF THE STATE OF ALASKA, AND THE CIVIL LIBERTIES, PEACE, AND SECURITY OF THE CITIZENS OF OUR COUNTRY. NOW, THEREFORE, BE 11' RF~OLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA; WHEREAS, the City of Kenai recognizes the Constitution of the United States as our charter of liberty, and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including the freedoms of rehgion, speech, assembly and privacy; and WHEREAS, each of Kenai's duly elected public servants has sworn to defend and uphold the United States Constitution and the Constitution of the State of Alaska; and WHEREAS, the City of Kenai denounces and condemns all acts of terrorism, wherever occurring; and WHE~S, attacks against Americans such as those that occurred on September 11,2001, have necessitated the crafting of effective laws to protect the public from terrorist attacks; and WHEREAS, any new security measures of federal, state, and local governments should be carefully designed and employed to enhance public safety without infringing on the civil liberties and rights of innocent citizens of the State of Alaska and the nation; and WHEREAS, certain provisions of the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001', also known as the USA PATRIOT Act, allow the federal government more liberally to detain and investigate citizens and engage in surveillance activities that may violate or offend the fights and liberties guaranteed by our state and federal constitutions; and WHERF. A~, the United States Justice Department proposes to enact the Draft Domestic Security Enhancement Act of 2003 (Patriot Act II), which could impose on freedoms granted in the United States Constitution and the Bill of Rights; and BE IT RESOLVED, that the City of Kenai supports the government of the United States of America in its campaign against terrorism, and affn-ms its commitment that the campaign not be waged at the expense of essential civil fights and liberties of the citizens of this country contained in the United States Constitution and the Bill of Rights; and be it FURTHER RESOLVED, that it is the policy of the City of Kenai to oppose any portion of the USA PATRIOT Act and the proposed Patriot Act II that would violate the rights and liberties guaranteed equally under the state and federal constitutions; and be it FURTHER RESOLVED, that the City Clerk communicate this resolution to the Alaska State's Congressional Delegation, the Governor and Attorney General of the State of Alaska, the United States Attorney General, and the President of the United States, to be sure that the Patriot Act is consistent with the Bill of Rights and the Constitution of the United States. PASSED AND APPROVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18 day of JUNE, 2003. ATTEST: CITY OF KENAI OH~LLIAMs, MAYOR Shery~adill~,'DePuty City Clerk KENAI CITY COUNCIL MEETING JUNE 18, 9~003 PAGE 9. ITEM D: PUBLIC HEARINGS D-1. Resolution No. 2003-34 -- Awarding Janitorial Contracts for the City Administration Building and the Kenai Visitors and Cultural Center to Commercial Janitorial Services for the Period July 1, 2003 Through June 30, 2004. MOTION: Councilwoman Porter MOVED to adopt Resolution 2003-34 and Councilman Moore SECONDED the motion. There were no public comments. Moore asked the City Manager to comment on her memorandum (K-1) regarding janitorial services. City Manager Linda Snow explained administration had been looking into the cost benefits of hiring janitorial employees versus contracting for services. The research was not complete, but she would report to council with the results. VOTE: There were no objections to UNANIMOUS CONSENT. SO ORDERED. D-2. Resolution No. 2003-35 -- A Resolution of the Council of the City of Kenai, Alaska Relating to the USA Patriot Act, the Bill of Rights, the Constitution of the State of Alaska, and the Civil Liberties, Peace, and Security of the Citizens of Our Country. MOTION: Councilman Bookey MOVED to adopt Resolution 2003-35 and Councilwoman Porter SECONDED the motion. Gary Cadd, P. O. Box 1995, Kenai, spoke from the audience. He stated he would like to see the resolution "tightened up" and to have the Chief of Police and the Mayor be the "final authority" if questions came up about what was legal under the Patriot Act. Williams explained those kind of questions fall to the City Attorney. VOTE: Jackman Swarner Yes Yes Osborne Yes Williams Moore Yes Yes Bookey Porter Yes Yes MOTION PASSED UNANIMOUSLY.