Troy's foreword: I am putting the text of the referenced ordinance here for your reading pleasure. I highlighted the most important parts in red. Note that the ordinance takes the stand that the Constitution should actually be enforced.
ORDINANCE NO. 1339
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA
AMENDING THE ARCATA MUNICIPAL CODE
TO DEFEND THE BILL OF RIGHTS AND CIVIL LIBERTIES
TITLE II: ADMINISTRATION; CHAPTER 2: OFFICERS AND EMPLOYEES;
ARTICLE 5: DEFENDING CIVIL RIGHTS AND LIBERTIES
The City Council of the City of Arcata does ordain as follows:
Section 1: Title II: Administration, Chapter 2: Officers and Employees, Article 5: Defending Civil Rights and Liberties, Sections 2190 – 2194 are hereby added to the Municipal Code as follows:
ARTICLE 5 - DEFENDING CIVIL RIGHTS AND LIBERTIES
SEC. 2190: Purposes.
The purposes of this ordinance are as follows:
A. To protect the civil rights and civil liberties for all and to affirm the City’s commitment to embody democracy, and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and the California Constitutions, as set forth in Resolution 023-32, A Resolution of the City Council of the City of Arcata to Defend the Bill of Rights and Civil Liberties, adopted by the Council on January 15, 2003; and
B. To ensure that local law enforcement continues to preserve and uphold residents’ freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon such rights by federal or state law enforcement agencies acting under new powers created by the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107-296), related executive orders, regulations or future enacted laws, executive orders or regulations.
SEC. 2191: No Unconstitutional Detentions or Profiling.
No management employee of the City shall officially engage in or permit unlawful detentions or profiling based on race, ethnicity, national origin, gender, sexual orientation, political or religious association that are in violation of individuals’ civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution.
SEC. 2192: No Unconstitutional Voluntary Cooperation.
No management employee of the City shall officially assist or voluntarily cooperate with investigations, interrogations, or arrest procedures, public or clandestine, that are in violation of individuals’ civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution.
SEC. 2193: Notification.
Management employees of the City shall promptly notify the City Manager when, in the course of City employment, the following occurs:
A management employee is contacted by another law enforcement agency and asked to cooperate or assist with an investigation, interrogation, or arrest procedure under provisions of the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107-296), related executive orders, regulation or future enacted laws, executive orders or regulations, where such procedure is in violation of an individual’s civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution.
Upon such notification from a management employee, or upon such contact directly, the City Manager shall promptly report to the City Council specifying the law enforcement agency seeking cooperation or assistance and the actions requested of the management employee.
SEC. 2194: Defense.
The City shall provide legal defense to any management employee who is criminally charged by another entity for his or her actions in compliance with this Ordinance.
SEC. 2195: Severability.
If any section or sections of the ordinance is or are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and remain in effect.
Section 2: This ordinance will take effect thirty (30) days after the date of its adoption.
DATED: April 2, 2003.
ATTESTED: APPROVED:
s/ Dan Hauser
City Clerk, City of Arcata
s/ Robert J. Ornelas
Mayor, City of Arcata
Clerk’s Certification
I hereby certify that the foregoing is a true and correct copy of Ordinance No. 1339, passed and adopted at a regular meeting of the City Council of the City of Arcata, Humboldt County, California, on the 2nd day of April, 2003, by the following vote:
AYES: Conner, Meserve, Stewart, Ornelas.
NOES: Machi
ABSENT: None.
ABSTENTIONS: None
s/ Dan Hauser
City Clerk, City of Arcata
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