IN THE BOARD OF COUNTY COMMISSIONERS
  OF LANE COUNTY, OREGON
          |  | ) IN THE MATTER OF LANE COUNTY, OREGON | 
         | ORDER NO. 03-7-2-1 | ) DEFENDING THE BILL OF RIGHTS AND CIVIL | 
        |  | ) LIBERTIES WITH RESPECT TO THE USA PATRIOT ACT | 
 
    WHEREAS, Lane County has a long and distinguished tradition of protecting the  civil rights and liberties for all its residents as expressed in the United States  and the Oregon Constitution; and
    WHEREAS, Lane County has a diverse population, including immigrants, students  and working people, whose contributions to the community are vital to its character  and function; and
    WHEREAS, Lane County reaffirms its support of the U.S. Constitution and the Oregon  Constitution; and
    WHEREAS, Lane County's Diversity Statement contained in LM 2.390 states the County  policy of respecting and valuing differences, such as those based on ethnicity,  language, and race, as well as respecting each individual's right to privacy in  areas such as religious faith, political beliefs, and association; and
    WHEREAS, in our opinion, several new federal laws, regulations and executive orders  issued since September 11, 2001, including the adoption of certain provisions  of the U.S.A. P.A.T.R.I.O.T. Act (Public Law 107-56, hereafter UPA) and the Homeland  Security Act (Public Law 107-296) now threaten this local policy, as well as our  constitutional rights and liberties, including:
            a. Freedom of speech, association, and religion,
            b. Right to privacy,
            c. Right to counsel and due process in judicial proceedings,
            d. Right to equal protection before the law,
            e. Protection from unreasonable searches and seizures; and
    WHEREAS, federal, state and local governments need to protect the public from  terrorist attacks such as those that occurred on September 11, 2001. Governments  have an obligation to do so in a rational and deliberative fashion to ensure any  new security measures enhance public safety without impairing Constitutional guarantees,  or infringing on civil liberties; and
    WHEREAS, in our opinion, federal policies adopted since September 11, 2001, including  provisions in the UPA and related executive orders, regulations and actions threaten  fundamental rights and liberties by:
            a. authorizing the indefinite incarceration of non-citizens based on mere suspicion  (UPA, sections 411 and 412), and the indefinite incarceration of citizens designated  by the President as "enemy combatants" without access to counsel or  meaningful recourse to the federal courts (White House Order June 9, 2002; Department  of Defense Report October 2, 2002),
            b. establishing secret military tribunals for terrorism suspects, without judicial  oversight or Constitutional safeguards (Military Order, November 13, 2001),
            c. permitting wiretapping of conversations between federal prisoners and their  attorneys (28 CFR 501.3),
            d. limiting disclosure of public documents and records under the Freedom of Information  Act ("Memorandum for Heads of all Federal Departments and Agencies,"  Attorney General John Ashcroft, October 12, 2001),
            e. permitting the use the secret Foreign Intelligence Courts to oversee law enforcement  use of electronic surveillance in anti-terrorism investigations and in ordinary  criminal investigations (UPA, section 216),
            f. expanding the authority of federal agents under the secrecy of Foreign Intelligence  Courts to conduct so-called "sneak and peek" or "black bag"  searches, in which the subject of the search warrant is unaware that his property  has been searched for citizens and non-citizens alike. (UPA, section 213),
            g. granting law enforcement and intelligence agencies broad access to personal  medical, financial, library and education records with little if any judicial  oversight (UPA, sections 215, 218, 358 and 508),
            h. chilling constitutionally protected speech through overbroad definitions of  "terrorism", which include protests and other political demonstrations  (UPA, section 411),
            i. driving a wedge between immigrant communities and the police that protect them  by encouraging involvement of state and local police in enforcement of federal  immigration law (Public Law 107-296, Title VIII, Subtitle I: Homeland Security  Information Sharing Act; Department of Justice Legal Opinion April 10, 2002), 
            j. permitting the FBI to conduct surveillance of religious services, Internet  chatrooms, political demonstrations, and other public meetings of any kind without  having any evidence that a crime has been or may be committed (UPA, sections 203  and 901 and Attorney General's Investigative Guidelines promulgated in May, 2002), 
            k. eliminating many safeguards designed to prevent the potential for broad dissemination  of unsubstantiated, incorrect or inappropriate information via law enforcement  (Public Law 107-296, section 202; Department of Justice Rule amending 28 CFR Part  16 Privacy Act of 1974, March 24, 2003),
            l. allowing the Attorney General to override court decisions granting bond to  immigrants seeking asylum, by requiring most immigrants to be jailed indefinitely  without bond when "national security" risks exist (Interim Decision  #3488, from John Ashcroft April 17, 2003),
            m. failing to ensure the accuracy of National Crime Information Center (NCIC)  records (Department of Justice Order issued March 24, 2003, amending 28 CFR part  16, Privacy Act of 1974),
            n. granting the Attorney General broad discretion to determine which political  and religious organizations are `terrorist organizations', with no judicial or  congressional oversight; (Executive Order 13224); and
    WHEREAS, we believe that new legislation has been drafted by the Administration  currently entitled the Domestic Security Enhancement Act (DSEA) (also known as  PATRIOT II) which contains a multitude of new and sweeping law enforcement and  intelligence gathering powers, many of which are not related to terrorism, that  would severely dilute, if not undermine, many basic constitutional rights, as  well as disturb our unique system of checks and balances by:
            a. diminishing personal privacy by removing important checks on government surveillance  authority,
            b. reducing the accountability of government to the public by increasing government  secrecy,
            c. expanding the definition of "terrorism" in a manner that threatens  the constitutionally protected rights of Americans,
            d. seriously eroding the right of all persons to due process of law; and
    WHEREAS, we believe that these new powers pose a particular threat to the civil  rights and liberties of the residents of our county who are Arab, Muslim, or of  South Asian descent; and
    WHEREAS, more than 130 communities throughout the country, and three states have  enacted resolutions reaffirming support for civil rights and civil liberties in  the face of government policies that threaten these values, and demanding accountability  from law enforcement agencies regarding their use of these new powers; and
    WHEREAS, the citizens of Lane County want their commissioners and government to  take a stand affirming the civil liberties and human rights of its residents, 
NOW, THEREFORE IT IS HEREBY ORDERED AS FOLLOWS:
    1. The County Administrator is directed every three months to compile from each  County Department a list of all contacts, requests for assistance, requests for  information, and any other communication from any federal agency, or on behalf  of any federal agency, under the auspices of enforcing any of the provisions mentioned  in the body of this Order. The information shall be disclosed to the fullest extent  permissible by law. The information to be compiled includes but is not limited  to:
            a. The number of any detainees connected with "terrorism" investigations;
            b. The names of any detainees connected with "terrorism" investigations;
            c. The charges, if any, lodged against each above mentioned detainee;
            d. The number of times federal authorities contacted any department in furtherance  of monitoring political meetings, religious gatherings or other similar activities; 
            e. The number of times education records have been requested or obtained from  public schools and institutions of higher learning in Lane County under section  507 of the UPA, and
            f. The number of times library records have been requested or obtained from libraries  in Lane County under section 215 of UPA
            g. The number of times records of books purchased by store patrons have been requested  or obtained from bookstores in Lane County under section 215 of UPA. 
    2. The County Administrator shall request a report from the Lane County Sheriff    disclosing, to the extent permitted by law, any incidents within the past year    in which he has been requested by federal authorities to take part in enforcement    or furtherance of the above-listed statutes, regulations, and orders. The County    Administrator shall request updated information every three months. The information    requested by the County Administrator will include, but will not be limited    to, the following:
              a. information regarding "sneak and peak" searches, that is, searches    without either advance warning or prompt notification following a search, pursuant    to Section 213 of the UPA,
              b. information regarding military tribunals involving Lane County residents;
              c. information regarding requests to obtain library, educational, and bookstore    purchase records in connection with an investigation of suspected terrorist    activity;
              d. information regarding the involvement of Sheriff's deputies in the investigation    of immigration offenses;
              e. information regarding surveillance of religious services, internet chat-rooms,    political demonstrations, or other public meetings in connection with an investigation    of suspected terrorist activity.
        3. The County Administrator shall advise the Board and the Lane County Human    Rights Advisory Committee of the results of his inquiries within three months    of the date of this Order, and every three months for as long as federal laws    and orders specified in this resolution remain in place.
      4. The Sheriff is further requested to advise the Board of how his Department    complies with ORS 181.850 and 181.575, including providing copies of any applicable    written procedures.
      5. All county agencies are directed not to use county funds in any manner which    would violate the civil liberties of Lane County residents, as outlined in this    resolution. No contract or agreement for any service will be approved by the    Board if the terms of the contract or agreement is for the purpose of conducting    any activities under the provisions of Federal law mentioned in the body of    this Order in a manner that would violate the civil liberties of Lane County    residents.
      6. The County Administrator is directed to transmit a copy of this Order to    Senator Ron Wyden, Senator Gordon Smith, and Representative Peter DeFazio, accompanied    by letters, urging them to:
              a. monitor federal anti-terrorism tactics,
              b. work to repeal the UPA, Homeland Security and other laws and regulations    that infringe on civil rights and liberties,
              c. ensure that provisions of the UPA "sunset" in accordance with the    provisions of the Act, and
              d. take a lead in Congressional action to prohibit passage of the Domestic Security    Enhancement Act, known as "Patriot II" and/or any other new legislation    that performs similar assaults on privacy, due process, increased government    secrecy, and the checks and balances in government.
      7. The County Administrator is directed to transmit a copy of this Order to    Governor Kulongoski, Oregon Attorney General Hardy Meyers and appropriate members    of the State Legislature, accompanied by letters urging them to ensure the state    does not weaken in any way ORS 181.850 or ORS 181.575, urging them to ensure    that any policies implemented by the Legislature do not infringe on civil liberties    as described in this Order, and urging them to take a public stand supporting    a statewide resolution prohibiting the expenditure of state funds in support    of the federal laws, regulations and policies described in this Order.
      8. The County Administrator is directed to transmit a copy of this Order to    President George W. Bush and U.S. Attorney General John D. Ashcroft.
      9. The provisions of this Order shall be severable, and if any phrase, clause,    sentence or provision of this Order is declared by a court of competent jurisdiction    to be contrary to the Constitution of the United States or of the State of Oregon    or the applicability thereof to any agency, person, or circumstances is held    invalid, the validity of the remainder of this Order and the applicability thereof    to any other agency, person or circumstances shall not be affected thereby.
      DATED this 2nd day of July, 2003.
 
  __________________________________
 Peter Sorenson, Chair
Lane County Board of Commissioners