ion and that list is pasted in as the last part of this email. I have not had time yet to make any observations about the changes that basically Council Member Daryl Slusher pushed for and got at the last minute.

I post things to http:news.phaseiii.org

The old unadopted version was posted on date 8-9-03 under topic "Raise Your Fist" and can be accessed there.

I just posted there as two articles that I am sending you here. They will both be posted in an hour or two under the heading "Capitol Report" with post date of 9-27-03.

God bless you.

Jeannon

RESOLUTION NO. 030925-66

WHEREAS, the City of Austin and its citizens are governed by the United States Constitution, which includes the Bill of Rights, and governed by the Texas State Constitution;

WHEREAS, the City of Austin has a diverse population, including students, immigrants and non-U.S. citizens, whose contributions are vital to cultural and civic character, as well as the economy;

WHEREAS, the City of Austin is proud of its long and distinguished tradition of protecting the civil rights and liberties of its residents and visitors;

WHEREAS, the preservation of civil rights and liberties is essential to the well being of a democratic society;

WHEREAS, federal, state and local governments should protect the public from terrorist attacks such as those which occurred on September 11, 2001 and should do so in a rational and diliberative fashion, to ensure that security measures shall enhance the public safety without impairing or modifying constitutional rights or infringing on civil liberties;

WHEREAS, government security measures which undermine fundamental rights do intrinsic damage to American traditions, institutions and values that residents of Austin hold dear;

WHEREAS, there is no inherent or insurmountable conflict between national security and the preservation of liberty and that Americans can be both safe and free;

WHEREAS, the City of Austin adheres to the principle that no law enforcement agency, or any other City agency, may profile or discriminate against any person solely on the basis of ancestry, race, ethnic or national origin, color, age, sexual orientation, gender, religion, physical or mental disability, or socio-economic status;

WHEREAS, the City of Austin acknowledges its commitment to uphold the Constitutional, legal and human rights of its residents and visitors; and

WHEREAS, federal policies adopted since September 11,2001, including provisions in Public Law 107-56, known as the USA PATRIOT Act, and related executive orders, regulations and actions threaten fundamental rights and liberties by:

limiting the authority of federal courts to curb law enforcement abuse of electronic surveillance in anti-terrorism and ordinary criminal investigations;

expanding the authority of federal agents to conduct so-called "sneak and peek" or "black bag" searches, in which the subject of the search warrant has not been notified that his or her property has been searched;

granting federal law enforcement and intelligence agencies broad access to personal,

medical financial, library and educational records with little, if any judicial oversight;

authorizing the indefinite incarceration of non-citizens based on mere suspicion and the indefinite incarceration of citizens designated by the president as "enemy combatants" without access to counsel or meaningful recourse to the federal courts;

chilling constitutionally protected speech through overly broad definitions of "terrorism";

permitting the federal bureau of investigation to conduct surveillance of religious services, internet chat rooms, political demonstrations and public meetings of any kind without evidence that the crime has been or may be committed;

granting potential unchecked powers to the Attorney General and the U.S. Secretary of State to designate legal domestic groups as "terror organizations" by broadly defining "domestic terrorism" to include activities that "appear to be intended to intimidate or coerce a civilian population," thus possibly categorizing acts of civil disobedience as domestic terrorism;

granting law enforcement expanded authority to obtain library records, and prohibiting librarians from informing patrons of monitoring or information requests; and

authorizing eavesdropping on confidential communications between lawyers and their clients in federal custody; and

WHEREAS, new legislation has been drafted by the Federal Administration entitled the Domestic Security Enhancement Act of 2003 (DSEA, also known as Patriot Act 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

radically expanding law enforcement and intelligence gathering authorities;

reducing or eliminating judicial oversight over surveillance;

authorizing secret arrests;

creating a DNA database based on unchecked executive ‘suspicion;’

creating new death penalties; and

expatriating and removing citizenship from Americans who belong to or support disfavored political groups; and

WHEREAS, other communities from around the country have passed similar resolutions reaffirming and reinforcing local efforts to support and defend the legal and human rights of their residents, their civil rights and civil liberties;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS that the City of Austin has been, and remains absolutely committed to the protection of civil rights and civil liberties for all of its residents and affirms its commitment to embody democracy and embrace, defend and uphold the inalienable rights and fundamental liberties granted to citizens under the United States and Texas Constitutions;

BE IT FURTHER RESOLVED that local law enforcement continue to preserve and uphold residents’ and visitors’ freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures;

BE IT FURTHER RESOLVED that law enforcement officials, public officials and Austinites engage in and participate in community dialogue on civil liberties issues, in order to promote and preserve safety and well being for Austin;

BE IT FURTHER RESOLVED that the Council calls on our United States Representatives and Senators to monitor the implementation of the Act and related Executive Orders and actively work for the repeal of the Act or those sections of the Act including Executive Orders that violate fundamental rights and liberties as stated in the United States Constitution and its Amendments;

BE IT FURTHER RESOLVED that the Austin Police Department shall continue their policy of not maintaining a permanent record of the surveillance of individuals or groups of individuals based on their participation in activities protected by the First Amendment to the United States Constitution, such as political advocacy or the practice of a religion without reasonable and particularized suspicion of criminal conduct unrelated to the activity protected by the First Amendment of the United States Constitution;

BE IT FUTHER RESOLVED that the City Manager shall report to the City Council any request by authorities that, if granted, would cause City departments or agencies to exercise powers or cooperate in the exercise of powers in apparent violation of a city ordinance or the laws or constitution of this state or the United States;

BE IT FURTHER RESOLVED that the City Manager shall report to the City Council any request by authorities that, if granted, would cause City departments or agencies to exercise powers or cooperate in the exercise of powers in apparent violation of a city ordinance or the laws or constitution of this state or the United States;

BE IT FURTHER RESOLVED that the city Manager direct the Director of the Library Department to post in a prominent place within the library a notice as follows:

"WARNING: Under Section 215 of the federal USA Patriot Act (Public Law 107-56), records of books and other materials you borrow from this library may be obtained by federal agents. This law also prohibits librarians from informing you if records about you have been obtained by federal agents. Questions about this

policy should be directed to Attorney General John Ashcroft, Department of Justice, Washington, DC 20530;" and

BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this resolution to all appropriate federal, state and law enforcement agencies and to the Austin Federal legislative delegation.

ADOPTED: , 2003 ATTEST: ________________________________

Shirley A. Brown

City Clerk

Prepared by http://news.phaseiii.org roving reporter Archie on September 27, 2003.

Here is a list of the changes in the Patriot Resolution adopted by the City of Austin City Council on September 25, 2003.

The old unadopted version was Agenda Item 030807-37 discussed at the August 14, 2003 City Council meeting.

The new adopted version was Agenda Item 030925-66 discussed and voted on and adopted at the September 25, 2003 City Council meeting.

The official (legal) adopted version of the patriot resolution adopted on September 25, 2003, has not been posted on the City of Austin City Council website as of September 27, 2003. Roving Reporter Archie was handed a paper copy of the newly adopted resolution at the September 25, 2003, council meeting. Archie typed this hard copy resolution "working copy" handout into the computer today for posting at phaseiii. This "changes" report will be a separate article posting at phaseiii.

Old Wording:

This heading will show the wording as it was in the previous unadopted resolution wording.

New Wording:

This heading will show the newly added or replacing wording that is in the newly adopted version of the resolution.

Change Number 1.

Old Wording:

WHEREAS, fundamental rights granted by the United States Constitution are threatened by actions taken at the federal level, notably by passage of certain sections of the "U.S.A. P.A.T.R.I.O.T. Act", other acts and executive orders which, among other things:

Grant potential unchecked powers to the Attorney General and the U.S. Secretary of State to designate legal domestic groups as "terrorist organizations" by overly broad definitions, and implying restrictions to Constitutionally protect First Amendment rights of speech and assembly by reference, such as political advocacy or the practice of a religion; while lifting administrative regulations on covert, surveillance counter-intelligence operations;

Violate the First and Fourth Amendments to the Constitution through the expansion of the government’s ability to wiretap telephones, monitor e-mail communications, survey medical, financial and student records, and secretly enter homes and offices without customary administrative oversight or without showing probable cause;

Give law enforcement expanded authority to obtain library records, and prohibits librarians from informing patrons of monitoring or information requests;

Violate the Fifth, Sixth and Fourteenth Amendments to the Constitution in establishing secret military tribunals, and in subjecting citizens and non-citizens to indefinite detention without being allowed an attorney, without being brought to trial, and without even being charged with a crime;

Authorize eavesdropping on confidential communications between lawyers and their clients in federal custody; and

**********

New Wording:

WHEREAS, federal policies adopted since September 11,2001, including provisions in Public Law 107-56, known as the USA PATRIOT Act, and related executive orders, regulations and actions threaten fundamental rights and liberties by:

limiting the authority of federal courts to curb law enforcement abuse of electronic surveillance in anti-terrorism and ordinary criminal investigations;

expanding the authority of federal agents to conduct so-called "sneak and peek" or "black bag" searches, in which the subject of the search warrant has not been notified that his or her property has been searched;

granting federal law enforcement and intelligence agencies broad access to personal, medical financial, library and educational records with little, if any judicial oversight;

authorizing the indefinite incarceration of non-citizens based on mere suspicion and the indefinite incarceration of citizens designated by the president as "enemy combatants" without access to counsel or meaningful recourse to the federal courts;

chilling constitutionally protected speech through overly broad definitions of "terrorism";

permitting the federal bureau of investigation to conduct surveillance of religious services, internet chat rooms, political demonstrations and public meetings of any kind without evidence that the crime has been or may be committed;

granting potential unchecked powers to the Attorney General and the U.S. Secretary of State to designate legal domestic groups as "terror organizations" by broadly defining "domestic terrorism" to include activities that "appear to be intended to intimidate or coerce a civilian population," thus possibly categorizing acts of civil disobedience as domestic terrorism;

granting law enforcement expanded authority to obtain library records, and prohibiting librarians from informing patrons of monitoring or information requests; and

authorizing eavesdropping on confidential communications between lawyers and their clients in federal custody; and

______________________________________________________________________

Change Number 2.

Old Wording:.

WHEREAS, new legislation has been drafted by the Federal Administration 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 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; and

**********

New Wording:

WHEREAS, new legislation has been drafted by the Federal Administration entitled the Domestic Security Enhancement Act of 2003 (DSEA, also known as Patriot Act 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

radically expanding law enforcement and intelligence gathering authorities;

reducing or eliminating judicial oversight over surveillance;

authorizing secret arrests;

creating a DNA database based on unchecked executive ‘suspicion;’

creating new death penalties; and

expatriating and removing citizenship from Americans who belong to or support disfavored political groups; and

______________________________________________________________________

Change Number 3.

Old Wording

BE IT FURTHER RESOLVED:

That local law enforcement continue 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 to do otherwise and infringe upon such rights by federal or state law enforcement agencies acting under powers assumed by the USA Patriot Act by Executive Order;

*********

New Wording

BE IT FURTHER RESOLVED that the Austin Police Department shall continue their policy of not maintaining a permanent record of the surveillance of individuals or groups of individuals based on their participation in activities protected by the First Amendment to the United States Constitution, such as political advocacy or the practice of a religion without reasonable and particularized suspicion of criminal conduct unrelated to the activity protected by the First Amendment of the United States Constitution;

______________________________________________________________________

Change Number 4.

Old Wording:

BE IT FURTHER RESOLVED:

That our Federal legislative delegation is petitioned to actively monitor the implementation of the USA PATRIOT ACT, any new Executive Orders, or COINTELPRO-type regulations and actively work for the repeal of any and all portions that violate the guaranteed civil liberties enumerated in the Bill of Rights;

**********

New Wording:

BE IT FURTHER RESOLVED that the Council calls on our United States Representatives and Senators to monitor the implementation of the Act and related Executive Orders and actively work for the repeal of the Act or those sections of the Act including Executive Orders that violate fundamental rights and liberties as stated in the United States Constitution and its Amendments;

"Harmon L. Taylor" wrote:

Here's an updated draft of the Resolution.

http://www.deveritas.com/AustinBORDC/docs/AustinResolution.pdf

I have on good information that there have been updated TV and newspaper

reports, but the best source may still be the internet.

Harmon

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