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RESOLUTION #____ – 2006

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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, CONCERNING THE USA PATRIOT ACT, THE BILL OF RIGHTS AND THE CONSTITUTIONS OF THE UNITED STATES OF AMERICA AND THE STATE OF COLORADO

RESOLUTION # _____ – 2006

Recitals

1. The Board of County Commissioners of Pitkin County, Colorado 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, but not limited to, the freedoms of religion, speech, assembly and privacy.

2. Each of Colorado’s duly elected public servants has sworn to defend and uphold the United States Constitution and the Constitution of the State of Colorado.

3. The Board of County Commissioners denounces and condemns all acts of terrorism, wherever occurring.

4. Attacks against the United States such as those that occurred on September 11, 2001, have necessitated the crafting of effective laws to protect the public from terrorist attacks.

5. Any new security measures of federal, state, and local governments should be carefully designed and employed to enhance public safety without un-necessarily infringing on the civil liberties and rights of innocent people.

6. The Board of County Commissioners recognizes that Pitkin County has a diverse population, whose different backgrounds and experiences allow them to contribute a variety of ideas, expressions and perspectives that enrich our community.

7. Pitkin County hosts international guests who expect a welcoming experience upon arrival to the United States.

8. Aspen, the Pitkin County government seat, has an international presence through its participation in World Cup skiing events and functions sponsored by its non-profit community including, but not limited to, the Aspen Institute, the International Design Conference, the Aspen Music Festival, the Rock Mountain lnstitute, and the Aspen Center for Physics.

Certain provisions of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, commonly known as the USA PATRIOT Act (Public Law 107-56), allow the federal government more liberally to detain and investigate people and engage in surveillance activities that may violate or offend the rights and liberties guaranteed by our state and federal constitutions.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, OF PITKIN COUNTY, COLORADO, THAT:

  1. The Board of County Commissioners of Pitkin County, Colorado supports the government of the United States of America in its campaign against terrorism and affirms its commitment that the campaign not be waged at the expense of inalienable civil rights and liberties of people of this country
  2. The Board of County Commissioners of Pitkin County, Colorado opposes any portion of the USA PATRIOT Act that could be used to justify the violation of the rights and liberties of people guaranteed equally under the state and federal constitutions.
  3. No agency or instrumentality of Pitkin County should, without reasonable suspicion of criminal activity under Colorado or federal law:
    1. Initiate, participate in, assist, or cooperate with any inquiry, investigation, surveillance, or detention;
    2. Record, file, or share intelligence information concerning any person or organization, including library lending and research records, book and video store sales and rental records, medical records, financial records, student records, internet mail and usage records, and other personal data, even i authorized under the “USA PATRIOT Act”; or
    3. Retain such intelligence
  4. No agency or instrumentality of Pitkin County should:
    1. Collect or maintain information about the political, religious, or social views, associations, or activities of any individual, group, organization, or business entity, unless the information directly relates to an investigation of criminal activities and there are reasonable grounds to suspect that the subject of the information is involved in criminal conduct; or
    2. Use race, religion, ethnicity, or national origin as factors in selecting individuals to subject to investigatory activities, except with respect to a specific suspect whose race, religion, ethnicity, or national origin is part of the description of the suspect.
  5. The Board of County Commissioners implores its federal congressional representatives to correct provisions in the USA PATRIOT Act and other measures that infringe on civil liberties, and opposes any pending and future federal legislation to the extent that it infringes on the rights and liberties of people of the United States.

Be It Further resolved, that copies of this Resolution be sent to the Honorable George W. Bush, President of the United States; the Honorable Alberto Gonzales, Attorney General of the United States; the Honorable Bill Owens, Governor of Colorado; and the members of Colorado’s congressional delegation.

INTRODUCED, READ, AND ADOPTED ON THE 2nd DAY OF AUGUST, 2006.

ATTEST: BOARD OF COUNTY COMISSIONERS OF PITKIN COUNTY, COLORADO

Jeanette Jones, Deputy Clerk

Michael C. Ireland, Chair

Manager’s Approval:

Hilary Fletcher Smith, Manager

Patti Kay-Clapper, Commissioner

John Ely, County Attorney

Michael Owsley, Commissioner

Jack Hatfield, Commissioner

Dorothea Farris, Commissioner