| The resolution was brought to the council by Paul
Copeland and a community group informally known as the Ashland Patriots.
Changes to this resolution, as indicated on the resolution itself, were made
after consultation with the proponents. While most changes were accepted
by consensus, the actual language of the changes has not been reviewed by
the proponents due to time constraints.
The recitals in the original version remain virtually unchanged except
for formatting. No comprehensive analysis of the USA Patriot Act was possible
in the short time-frame available. A perfunctory review of the USA Patriot
Act sections cited in the recitals indicate that the citations are correct
and that they could be interpreted in the manner suggested. Because of time
constraints, no review of any kind was made of the cases, guidelines, memorandum,
federal regulations or orders referenced in the recitals.
The change in section 2.A was made to make it possible for the city's
police officers to act in those circumstances requiring immediate action
and where it is clear enforcement of the Patriot Act is not involved (e.g.
threatened deadly force against a federal agent).
The change in 2.C was made to make it consistent with the protected
categories listed in section 1 and to allow investigation of crimes specifically
focused on protected classes (e.g. hate crimes).
Section 2.D was changed to allow continuance of non-announced searches
permitted under Oregon law, including wiretaps and mobile trackers. These
searches are only allowed to investigate state crimes after application to,
and approval by, a state court judge.
Section 2.E was changed to make it clear that the police department
would not participate in any federal program of clandestine civilian action.
State law prohibits such participation otherwise. See section 2.B and the
reference to ORS 181.575.
Because the city lacks jurisdiction over schools and libraries, the
consensus was to delete sections 3 and 4, but to notify the schools and libraries
of the action taken by the city in this resolution. See renumbered section
4.D.
Finally section 5 (renumbered to 3) was changed so that the onus was
not placed upon the city administrator to poll all agencies who may operate
under the authority of the USA Patriot Act or to assess the impact of it
on Ashland citizens. |
