HomeMy WebLinkAboutStaff Report 313-05c) number of times library records have been obtained from libraries in the City of Palo
Alto under Section 215 ofthe Patriot Act;
d) number of times that records of the books purchased by store patrons have been
obtained from bookstores in the City of Palo Alto under Section 215 of the Patriot
Act;
e) extent of electronic surveillance carried out in the City of Palo Alto under powers
granted in the Patriot Act;
f) names of all residents of Palo Alto who have been arrested or detained by federal
authorities as a result of terrorism investigations since September 11, 2001; and
g) extent to which federal authorities are monitoring political meetings, religious
gathering or activities protected by the First Amendment.
DISCUSSION
Federal authorities have not contacted staff since the adoption of the resolution for any specific
assistance associated with any terrorist's activities or suspects in Palo Alto. Representatives of the
Federal Bureau of Investigation (FBI) recently provided information regarding the provisions of the
resolution.
The information regarding the number of search warrants executed in Palo Alto (3a), and the extent
of arty electronic surveillance carried out in Palo Alto (3e) is classified and has been since the late
1970s, many years before to passage of the Patriot Act.
There has not been any information obtained, nor attempts made to obtain information, from public
. schools or colleges in (3b), from any libraries, (3c), or from any bookstores (3d) in Palo Alto.
While the FBI does not maintain records of arrestees or detainees by their city of residence (3e),
none of the agents in the San Jose and San Francisco offices remembers any arrests/detentions of
any Palo Alto residents related to homeland security efforts.
The FBI also has not monitored any political, religious or other First Amendment gatherings in Palo
Alto. Per the resolution, letters were sent to the California Senators, local Congress representatives,
the Governor,\ State legislators, the Attorney General and President Bush. (Attachment B).
Because there has been little, if any activity associated with the direction provided in the resolution
in over two years, staff will be providing status reports on an annual basis instead of every six
. months.
CMR:313:05 Page 2 of3
P~SOLUTION NO. 8301
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
llliTO DIRECTING ENHF..NCED EFFORTS TO .ll,.SSURE THE
PROTECTION OF CIVIL LIBERTIES T~~ ARE
THREATENED BY THE U.S.A. PATRIOT ACT
W.rlEREAS! the City of Palo Alto is proud of its long and
distinguished law enforcement tradition of protecting the civil
rights and liberties of all persons; and
WH~REAS! the City of Palo Alto has a diverse population,
including immigrants and students! whose contributions to the
community are vital to is economy, culture and civil character;
and
WHEREAS! the preservation of civil rights and liberties
is essential to the well-being of a democratic societYi and
w.rlEREAS, federal, state and local. governments should
protect the public from terrorist attacks, and should do so in a
rational and deliberative fashion to ensure that any new
securi ty' measure enhances public safety wi thou t impairing
constitutional rights or infringing on civil liberties; and
WHEREAS, government security measures that undermine
fundamental rights do damage to the American institutions and
·values that the residents of the City of Palo Alto expect the
City to uphold and protect; and
WHEREAS, federal aC1:~ons since September 11, 2001,
including provisions in the USA PATRIOT ACT (Public Law 107-56)
and related executive orders, regulations and. actions! threaten
fundamental rights and liberties of all those who reside in, do
business with, or visit 'the City of Palo Alto, by:
(a) Authorizing the indefinite incarceration of non-
citizens based on mere suspicion, and the indefinite
incarceration of citizens designated by the President as "enemy
combatants II without access to counselor meaningful recourse to
the federal court;
(b) Limiting the authority of federal co~rts to curb
law enforcement abuse of electronic sunTeillance in anti-
terrorism investigations and ordinary criminal investigations;
(c) E~~anding the authority of federal agents to
conduct so-called "sneak and peekll or "black bag" searches! in
which the subject of the search warrant is unaware that his
property has been searched;
(d) Granting federal law enforcement and. intelligence
agencies broad access to personal medical, financial, library
and educat.ion records with little if any judicial oversight i
(e) Chilling constitutionally protected speech
through expansive derini tions of II terrorism" i
(f) Threatening the relationship between irrrrnigrant
communities and local law enforcement by encouraging involvement
of state and local police in the selective enforcement of
federal irrmigration lawj and
(g) Permitting
religious serVlces,
demonstrations, and other
having any evidence that a
the FBI to' conduct surveillance of
internet chatrooms, political
public meetings of any kind without
crime has been or may be committed.
WrlEREAS, thirty years ago Cali fornia voters
overwhelmingly adopted a· Constitutional right to privacy to
protect. against a \\proliferation of government snooping and data
collecting [that] is threatening to destroy our traditional
freedoms".
NOW, THEREFORE, the Council of the City of Palo Jl ... lto
does RESOLVE as follows:
SECTION 1. The Council affirms its strong support for
fu-'I1damental constitutional rights and its opposi tion to federal
measures that infringe on civil liberties based upon
unsubstantiated fear, or racial or ethnic stereotyping.
SECTION 2. The Council affirms its strong support for
the rights of immigrants and opposes measures that single out
individuals for· legal scrutiny or enforcement activity based
solely .on their country of origin.
SECTION 3. The Council affirms its policy that
organizations and individuals should not be' monitored based
solely on their religious or political views and no information
about political, religious or social views, associations, or
activities should be collected unless the information related to
an imminent threat to public safety or reasonable suspicion of
criminal activity.
(h) Stop drivers or pedestrians for the purpose of
scrutinizing their identification documents wi thout
particularized suspicion of criminal activitYi and
(i) Rely solely on information provided by Federal
authori ties I suc.h· as the 'I'errorism Information and Prevention
System ((TIPS), that encourages members of the general public to
illegally gather information about their neighbors r colleagues
or customers.
SECTION 5. The Council directs the City Manager to
report to the City Council to the extent possible any
extraordinary requests by federal authorities that r if granted,
would cause departments of the City of Palo p_lto to exercise'
powers or cooperates in the exercise of powers that do not meet
the common standards of the city and are in apparent violation
of any city ordinance or laws or Constitution of this State or
the United States.
SECTION 6. The Council directs the City Manager to seek
periodically from federal authorities the following information
in a form that facilitates an assessment of the effect of
federal anti-terrorism efforts on the residents of the City of
Palo Alto:
(a) The number of search warrants that have been
executed in the City of Palo Alto without notice to the subject
of the warrant pursuant to section 213 of the USA PATRIOT Acti
(b) The number of times education records have been
obtained from public schools and institutions of higher learning
in the City of Palo fI.lto under section 507 of the USA PATRIOT
Act;
(c) The number of times library records have been
obtained from libraries in the City of Palo Alto under section
215 of the USA P}l.~TRIOT. Act;
(d) The number of times that records of the books
purchased by store patrons have been obtained from bookstores in
the City of Palo Alto under section 215 of the USA PATRIOT Act;
(e) The 'extent of electronic surveillance carried out
in the City of Palo Alto under powers granted in the USA PATRIOT
Act;
(f) The names of all residents of the City of Palo
}>.l to who have been arrested or otherwise detained by federal
authorities as a result of terrorism investigations since
September 11, 2001; the location of each detained; the
circumstances that led to each detention; the charges, if· any,
lodged against each detainee; the name of counsel, if any,_
represent.ing each detainee i and
(g) The extent to which federal authorities are
monitoring political meetings, religious gathering or other
acti vi ties protected by the First _~endment wi thin the Ci.ty of
Palo Alto.
SECTION 7. The Council directs the City Manager to
transmit to the City Council no less than once every six months
a summary of the information obtained pursuant to the preceding
paragraph and based on such information and any other· relevant
information, and assessment of the effect of federal anti-
terrorism efforts on the residents of t·he City of Palo klto.
SECTION 8. A copy of this resolution shall be sent to
Senator Barbara Boxer, Senator Diarine Feinstein and
Congresswoman Anna Eshoo, accompanied by a letter urging them to
monitor federal anti-terrorism tactics and work to repeal
provisions of the USA PATRIOT Act and other laws and regulations
that infringe on civil rights and liberties;
SECTION 9. A copy of this resolution shall be sent to
Governor Gray Davl-s , and appropriate members of the State
Legislature, accompanied by a letter urging them to ensure that
state anti-terrorism laws and policies by implemented in a
manner that does not infringe on civil liberties as described in
this resolution.
SECTION 10. A copy of this resolution shall be sent to
President Bush and Attorney General Ashcroft.
SECTION. 11. It is not the intent of the Council and
this resolution shall not be construed to establish local policy
that creates any right of action under any state or federal law.
II
II
II
August 22, 2003
Honorable Representative Anna Eshoo
District 14
308 Cannon House Office Building
Washington, D.C. 20515
. Dear Representat~ . ~
Ci~ of Palo Alto
Office of the Mayor and City Council
The purpose of my letter is to inform you that the City Council of Palo Alto
unanimously passed a resolution, Enhanced Efforts to Assure the Protection of
Civil Liberties that are Threatened by the U.S.A. Patriot Act, on June 2,2003.
Attached is a copy of the resolution for your information.
As our representative in the United· States House ofReptesentatives, the Palo Alto
City Council urges you to monitor federal anti-terrorism tactics and urges you to
support a repeal of provisions in the U. S.A. Patriot Act and other laws and
regulations that infringe on civil rights and liberties.
The Palo Alto Cit~ CoundUis very concerned about theiiifringement on our civil
liberties and has heard from many of our residents, during two public forums, on
how provisions of the U.S.A. Patriot Act affected our Middle Eastern residents
with the increased authority over immigrants. Others voiced concern with the
expansion of the government's powers to obtain records about a person such as
library records of what books a person has borrowed without the requirement of
probable cause or reasonable suspicion. These are but a few of the concerns
mentioned. . . . ....
The City Council hopes that you will use the City of Palo. Alto's resolution and
resolutions from other as support for repealing proviSions of the U.S.A. Patriot
Act that infringe on civil rights. .' . . .
Please let me'know if the Palo Alto City Council maybe oratiy further assistance
to you in this endeavor. '.'
Sincerely,
~~~ .
. Mayor Dena Mossar
City of Palo Alto
Attachment
P.O. Box 10250
Palo Alto, CA 94303
650.329.2477
650.328.3631 fax
Au~st 11, 2003
Honorable Senator Barbara Boxer
112 Hart Senate Office Building
Washington, D.C. 20510
Dear Senator Boxer:
Ci~of Palo Alto
Office of the Mayor and City Council
The purpose of my letter is to inform you that the City Council of Palo Alto unanimously
passed a resolution, Enhanced Efforts to Assure the Protection of Civil Liberties that are
Threatened by the U.S.A. Patriot Act, on June 2,2003. Attached is a copy of the
resolution for your information.
As our representative in the United States Senate, the Palo Alto City Council urges you to
monitor federal anti-terrorism tactics and urges you to support a repeal of provisions in
the U.S.A. Patriot Act and other laws and regulations that infringe on civil rights and
liberties.
The Palo Alto City Council is very concerned about the infringement on our civi1liberties
and has heard from many of our residents, during two public forums, on how provisions
ofthe U.S.A. Patriot Act affected our Middle Eastern residents with the increased . .
authority over immigrants. Others voiced concern with the expansion of the
government's powers to obtain records about a person such as library records of what
books a person has borrowed without the requirement of probable cause or reasonable
suspicion. These are but a few of the concerns mentioned~ ...
The City Council hopes that you will use the City of Palo Alto'~resolutionand
resolutions from other as. support for repealing provisioris of the U.S.A. Patriot Act that
infringe on civil rights. , ... :
.. . .
Please let me know if the Palo Alto City Councii may be of any further assistance to you
in this endeavor.
Sincerely,
~~~
Dena Mossar
Mayor, City of Palo Alto
Attachment
'j'
P.O. Box 10250
Palo Alto, CA 94303
650.329.2477
650.328.3631 fax
August 22, 2003
Honorable Byron Sher, Senator
District 11
State of California
State Capitol Room 2082
Sacramento, California 95814
Dear Senator ~~~
Ci~of Palo Alto
Office of the Mayor and City Council
The purpose of my letter is to inform you that the City Council of Palo Alto
unanimously passed a resolution, Enhanced Efforts to Assure the Protection of
Civil Liberties that are Threatened by the U.S.A. Patriot Act, on June 2,2003.
Attached is a copy of the resolution·for your information.
As our Governor of the State of California, the Palo Alto City Council urges you
to monitor federal anti-terrorism tactics and urges you to support California's·
federal legislators in their efforts to repeal provisions in the U.S.A. Patriot Act
and other laws and reguiations that infringe on civil rights and liberties.
The Palo Alto City Council is very concerned about the infringement on our civil
liberties and has heard from many of our residents, during two public forums, on
how provisions of the U.S.A. Patriot Act affected our Middle Eastern residents
with the increased authority over immigration. Others voiced concern with the
expansion of the government's powers to obtain records about a person such as
library records of what books a person has borrowed without the requirement of
probable cause or reasonable suspicion. These are but a few of the concerns
mentioned ..
The City Council hopes that you will use the City ofPal6 Altois resolution and
resolutions from other California Cities as support toward your efforts to support
repealing provisions of the U.S.A. Patriot Act that infringe on civil rights.
. . ." ".. .
Please let me know if the Palo Alto City Council inay be of any further assistance
to you in this endeavor. .
rz~
Dena Mossar
Mayor, City of Palo Alto
Attachment
P.O. Box 10250
Palo Alto, CA 94303
650.329.2477
650.328.3631 fax
August 22, 2003
Honorable Gray Davis, Governor
Governor's Office
State Capitol Building
Sacramento, California 95814
Dear Governor Davis:
Ci!y-of Palo Alto
Office of the Mayor and City Council
The purpose of my letter is to inform you that the City Council of Palo Alto unanimously
passed a resolution, Enhanced Efforts to Assure the Protection of Civil Liberties that are
Threatened by the U.S.A. Patriot Act, on June 2,2003. Attached is a copy of the
resolution for your information.
As our Governor of the State of California, the Palo Alto City Council urges you to
monitor federal anti-terrorism tactics and urges you to support California's federal
legislators in their efforts to repeal provisions in the U.S.A. Patriot Act and other laws
and regulations that infringe on civil' rights and liberties.
The Palo Alto City Council is very concerned about the iIlfringement on our civil liberties
and has heard from many of our residents, during two public forums, on how provisions
of the U.S.A. Patriot Act affected our Middle Eastern residents with the increased
authority over immigration. Others voiced concern with the~xpansion of the
government's powers to obtain records about a person such as library records of what
books a person has borrowed without the requirement ()f probable cause or reasonable
suspicion. These are but a few ofthe concerns mentioned:..' .....
The City Council hopes that you will usethe City ofPai6·iAlto's resolution.and
resolutions from other California Cities as support towardyciuiefforts for repealing'
provisions of the U.S.A. Patriot Act that infringe on civlIrights.;
Please let me know if the Palo Alto City Council maybeoia~Y~rther assistance to you
in this endeavor. . . '. . .
Sincerely,
~~~
Dena Mossar
Mayor, City of Palo Alto
Attachment
P.O. Box 10250
Palo Alto, CA 94303
650.329.2477
650.328.3631 fax
August 22, 2003
Honorable Joe Simitian, Assemblyman
District 21
State of California
State Capitol Room 2136
Sacramento, California 94249-0021
Dear AsSemblyma~
Ci~of Palo Alto
Office of the Mayor and City Council
The purpose of my letter is to inform you that the City Council of Palo Alto
unanimously passed a resolution, Enhanced Efforts to Assure the Protection of
Civil Liberties that are Threatened by the U.S.A. Patriot Act, on June 2,2003.
Attached is a copy of the resolution for your information.
As our Governor of the State of California, the Palo Alto City Council urges you
to monitor federal anti-terrorism tactics and urges you to support California's
federal legislators in their efforts to repeal provisions in the U. S.A. Patriot Act
and other laws and regulations that infringe on civil rights and liberties. .
The Palo Alto'City Council is very concerned about the infringement on our civil
liberties and has heard from many of our residents, during two public forums, on
how provisions of the U.S.A. Patriot Act affected our Middle Eastern residents
with the increased.authority over immigration. Others voiced concern with the
expansion of the government's powers to obtain records about a person such as
library records of what books a person has borrowed without the requirement of
probable cause or reasonable suspicion. These arebut afew of the concerns
mentioned.
The City Council hopes that you will use the City ofPaloAlto'sresolution and
resolutions from other California Cities as support toward your efforts to support
repealing provisions of the U.S.A. Patriot Act that infringe on civil rights.
Please let me know if the Palo Alto City Council may be of any further assistance
to you in this endeavor.
Sincerely, .
~~~
Dena Mossar
Mayor, City of Palo Alto
Attachment
p.o. Box 10250
Palo Alto, CA 94303
650.329.2477
650.328.3631 fax