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HomeMy WebLinkAboutMINUTES - 06032003 - C40-C43 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County j/1►'M►JfTV DATE: JUNE 3, 2003 SUBJECT: DECLARE VACANCY ON THE HISTORICAL.LANDMARKS ADVISORY COMMITTEE SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS DECLARE vacant one of the four Contra Costa County Historical Society seats on the Contra Costa County Historical Landmarks Advisory Committee previously held by Raymond J. O'Brien, due to resignation and DIRECT the Clerk of the Board to post the vacancy,as recommended by the Historical Landmarks Advisory Committee. BACKGROUND In a letter dated May 5, 2003, Mr. O'Brien informed staff of his intention to resign from his position on the Historical Landmarks Advisory Committee. A conflict with his work schedule prevents Mr. O'Brien from attending any of the scheduled meetings. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM MI EE Z:f APPROVE,,� OTHER SIGNATURE(S): �- '✓ ACTION OF BO)Kko ON 3. Z„ APPROVED AS RECOMMENDED j OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS(ABSENT Nene j CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN **District III Seat VACANr** Contact: Ruben Hernandez(925)335-1335 ATTESTED June 3, 2003 JOHN SWEETEN, CLERK OF THE BOARD OF cc: Community Development Department(CDD) SUPERVISORS AND COUNTY ADMINISTRATOR CCC Historical Landmarks Advisory Committee(via CDD) CCG Historical Society(via CDD) BY ,DEPUTY 03 MAY -6 PH *. 39 May 5,2003 Mr. Ruben Hernandez Staff to the Contra Costa County Historic Landmarks Advisory Committee Community Development Department County Administration:Building 651 Pince Street, 4`h Floor,North Wing Martinez, California 94553-0095 Dear Ruben: Thank you for your letter of May 1,2003. Yes, I shall be resigning from the Contra.Costa.County Historic Landmarks Advisory Committee (HLAC). The Society has nominated Dr. Joseph Mariotti to take my place on the Committee. Lest there be an assumption that my absences from Committee meetings reflect disinterest on my part, may I state that it is regrettable that the Committee was unwilling to make a reasonable adjustment in meeting time to a night venue that would allow me and more members of the public to attend Committee meetings. I am a wage earner, working now in San Francisco, so mid-day meetings during the week are an impossibility for me. My commitment to historic preservation remains as strong as ever,as both a member of the Board of Directors of the Contra.Costa County Historical Society and as Chairman of the Board's Historic Preservation Committee. I am appreciative of the opportunity to serve on the HLAC, and assist in its reconstitution and formation. Sincerely, cc: Members,Board of Supervisors Members,HLAC Clerk of the Board CAISLtAN BEAG AIS SCAT AN CHNUIC Hoene of O'B en of Ralwena of the Glen.of Aher§ow Ca C�- t4 5 65,-3- NOTICE The following vacancies to which the Beard.of Supervisors will make appointments now exist and applications therefore may be made in writing to the Clerk, Board of Supervisors, County Administration.Building, 651 Pine Street, Martinez, CA 94553 BOARD,COMMISSION APPOINTMENTS CAN OR:COMMITTEE BE MADE AFTER Contra Costa County June 9, 2003 Historical Landmarks Advisory Committee One seat 1, John Sweeten, Clerk of the Board of Supervisors and County Administrator,hereby certify that, in accordance with Section 54974 of the Government Code, the above notice of vacancy(vacancies)was posted on May 23, 2003. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: 2 2 John Swee n, erk of the d of Supe and Cpu, A intra By: Deputy Clerk cc. Main Library Docurnents Clerk Delta 2000 #301,V 10th St„ Antioch,CA 94509 Concord Library 2900 Salvia Sa"t Concord CA 94519 Attachment to Board Order O'Brien Contra TO BOARD OF SUPERVISORSCosta FROM: FISH AND WILDLIFE COMMITTEE County DATE: June 3, 2003 SUBJECT: DECLARE VACANCY ON FISH AND WIDLIFE COMMITTEE SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS DECLARE vacant the At-Large seat on the Fish and Wildlife Committee previously held by Frank Pereira due to his death and DIRECT the Clerk of the Beard to post the vacancy, as recommended by the Fish and Wildlife Committee. BACKGROUND/REASONS FOR RECOMMENDATIONS Frank E. Pereira Jr., a long time Fish and Wildlife Committee member, passed away on Monday April 14, 2003 at age 81. CONTINUED ON ATTACHMENT: X YES SIGNATURE: Go on Becker, Chair F-iih and Wildlife Committee ,- ' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,-"APPROVE X OTHER SIGNATURES ACTION OF BQAft ON .Tune 3, 2003 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE x UNANIMOUS (ABSENT Nom ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE "District III sdat VACANT** SHOWN. Contact: Kae Ono, (9251335-1230) ATTESTED J,m 3, 2003 JOHN SWEETEN, CLERK OF cc: CAO, Attn: Julie Enea THE BOARD OF SUPERVISORS Clerk of the Board (Maddy Book) AND COUNTY ADMINISTRATOR r BY �' , DEPUTY Notice The following vacancies to which the Boad of Supervisors will make appointments now exist and applications therefore may be made in writing to the Clerk, Board of Supervisors, County Administration Building, 651 Pine Street, Martinez, CA 94553 Board, Commission Appointments can S r_Committee be made lifter Fish &Wildlife Committee ,lune 9, 2003 At-Large 4 I, John Sweeten, Clem of the Board of Supervisors and County Administrator, hereby certify that, in accordance with Section 54974 of the Government Code, the above notice of vacancy (vacancies) was posted on 5/23/200.3. T hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: 5/23/2003 John Swe e ,Clerk of he Board of supe is sand Cou ty Administrator By: Deputy Clerk cc:Main Library Document Clerk Delta 2000 #301,W. 10th St., Antioch,Ca 94509 Concord Library 2900 Salvlo Street Concord,Ca 94519 Attachment to Board Girder Pereira TO: BOA" OF SUPERVISORS `% � Contra FROM: Bob Lanter, Executive Director �' p 'R Costa Workforce Development Board °°' ; County DATE: May 5, 2003 SUBJECT: ACCEPT the resignations of Mr. Pedro Babiak, Mr. Tony Barone, and Mr. Edward N. Thorpe from the Workforce Development Board. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTIOJ3 Per the attached letters, ACCEPT the resignations of Mr. Pedro Babiak, Mr. Tony Barone, and Mr. Edward N. Thorpe from the Workforce Development Board.. DECLARE the vacancies on the Workforce Development Board and DIRECT the Clerk of the Board to apply the Board's policy for filling these vacancies. F.fNANCIAI, IMpAC'T: No County costs. The local Workforce Development Board is mandated by the Federal Workforce Investment Act of 1998 (WIA). The costs of advertisement for new appointees will be funded through WIA funds. IRACKG>2C IND! The following WIB members submitted their resignations (attached.) as business representatives to the WIB in accordance with section 121 (b) of the federal Workforce Investment Act of 1998; Mr. Babiak for personal reasons, Mr. Barone due to increase business responsibilities and Mr.Thorpe due to personal and business demands. The Workforce Investment Act (WIA) and.the State Workforce Investment Board (SWIB) set membership standards for local Workforce Investment Boards (WIBs). The Workforce Development Board works with a broad range of business, education, labor, public agencies and community-based organizations to recruit highly qualified nominees for appointment to the Board. All nominees will meet the strict criteria set forth in the Workforce Investment Act. Nominees will be forwarded to the Internal Operations Committee following WDB endorsement. CONTINUED ON ATTACHMENT: YES SIGNATURE: } r : ---AEGOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C * ITTEE �_° PROVE OTHER SIGNATURE(S)'. ACTION OF BO#14DDdi`N imie 3, 2003 APPROVED AS RECOMMENDED X OTHER VnTF nr 0.1110=0%1len0e TO: ` BOARD OF SUPERVISORS Contra ... FROM: William Walker, M.D. Health Services Director Costa DATE: May 9, 2003 c s `� v � County SUBJECT: Declare Vacancy on the Hazardous Materials Commission ' SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: DECLARE vacant Hazardous Materials Commission City Seat#2 Alternate held by Erling Horn due to his appointment as Commissioner for City Seat#1 and DIRECT the Clerk of the Board to post the vacancy. BACKGROUND: The Hazardous Materials Commission was established in 1986 to advise the Board, County staff and the mayor's council members, and staffs of the cities within the County, on issues related to the development, approval and administration of the County Hazardous Waste Management Plan. Specifically, the Board charged the Commission with drafting a hazardous materials storage and transportation plan and ordinance, coordinating the implementation of the hazardous materials release response pian and inventory program, and to analyze and develop recommendations regarding hazardous materials issues with consideration to broad public input, and report back to the Board on Board referrals. The bylaws of the Commission provide that two representatives of cities be appointed by the City Selection Committee pursuant to Article II (50270 et Seq.) of Chapter 1, Part 1 of Division I of Title 5 of the Government Code. CONTINUED ON ATTACHMENT: ®YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER s 6 ACTION OF BOXRE ON hme 3, 20J3 APPROVE AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN X ACTION TAKEN UNANIMOUS (ABSENT None ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: **District III Seat VACANT** ATTESTED June 3, 2003 CONTACT: JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: Michael Kent-HSD 597 Center,Ste.115 BY DEP Nr LOCAL IMPORTANCE: Why resolutions against the Patriot Act and the crackdown on civil liberties are locally important. Contact: Sanjeev Berg (4151621-2493, sbery _aclunc.org 1. They can direct local law enforcement to stand up for civil rights. Since Sep. 11th,the federal government has targeted many people of Muslim, Arab, or South Asian backgrounds for interrogation, detention, or deportation. Following Sep. 11th, as many as 1,200 individuals were detained and deported without due process or public oversight. At times,the federal government has sought the cooperation of local law enforcement in these discriminatory efforts. In one example, U.S.Attorney General John Ashcroft called on local law enforcement agencies to participate in a dragnet-style "voluntary„questioning of some 5,000 individuals in the U.S. on non-immigration visas (student visas,work visas, etc). In this specific example, some cities declined to participate: San Francisco and San Jose, CA; Portland, Hillsboro, and Corvallis, OR; Richardson and Austin, TX; and Detroit, Mi. Through a resolution against the crackdown on civil liberties, more cities and counties can instruct their law enforcement agencies to take a similar stand in the future. 2. They can instruct local administrators to protect residents' privacy. Section 215 of the USA PATRIOT Act grants the FBI access to"any tangible things (including books, records, papers, documents, and other items)for an investigation to protect against international terrorism. Simply by telling a judge that it is for a terrorism investigation, the FBI can access any of our personal records—medical files, financial statements, bookstore purchases, library records, etc. Because city and county agencies retain a great deal of information about local residents, locally elected officials should direct or encourage departments to protect residents' privacy. Public libraries are one good example. To protect patron privacy against potential FBI requests for information, a number of public libraries have been instructed to no longer retain records of what books library patrons have previously checked out. More cities and counties should follow suit. 3. They encourage locally elected officials to act on their oath of office. When taking office, elected city council members and county supervisors swear an oath to "support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic." The USA Patriot Act and related federal actions taking since September 11th are clear threats to the U.S. Constitution. Not only that, but they have a direct impact on local civil liberties as documented above. By passing a resolution against the USA Patriot Act, locally elected officials can act on their sworn oaths of office and stand up for the civil liberties of their constituents. American Civil Liberties Union of Northern California Phone: (415)621-2493 1663 Mission Street,Suite 460 Fax; (415)255.1478 San Francisco,CA 94103 http://www.aclunc.org LIBERTY: An ACLU list of some of the government powers ERODING expanded since Sept. 11t". Contact: Sanjeev Bery (415)621-2493, sbery aciunc.org Domestic spying: FBI agents can monitor private citizens and organizations without suspicion. Agents can infiltrate houses of worship and monitor open religious and political meetings without evidence of a crime. Government secrecy: An Ashcroft directive limits government compliance with the Freedom of Information Act. Ethnic profiling: Ashcroft has directed the questioning of thousands of innocent individuals based primarily on their country of origin. San Jose, San Francisco, Oakland, and other police departments in Northern California and across the country refused to participate in the dragnet questioning plan. Tracking immigrants: The U.S. Dept. of Justice is subjecting thousands of lawful visitors—from a list of Muslim countries--to onerous fingerprinting and registration requirements. All non-citizens are also required to report changes of address within 10 days or risk fines,jail, or even deportation. Mass detentions: Over 1,100 men were detained after September 11. Although the detentions were shrouded in secrecy, advocates believe that many detainees did not have access to legal representation and were detained for months before having their cases resolved. Many were ultimately charged with only minor immigration violations, and most have now been deported. Secret searches: The USA Patriot Act expands the power of the federal government to conduct"sneak and peak" secret searches. These searches allow the FBI to use a search warrant to enter and search a home or office—without notifying the subject until much later. Expanding surveillance: The USA Patriot Act now lets the FBI secretly conduct physical searches or wiretaps on citizens or residents without showing"probable cause." It only has to claim that"a significant purpose" is intelligence,even when the primary goal is ordinary law enforcement. Internet espionage: Under the USA Patriot Act, email and Internet usage, as well as telephone calls, are now subject to"pen register"orders. These allow the government to monitor the"who,""when,"and"where" of a communication----but not the content. Unlike phone calls, however,the"who/when/where"of an email is not easily separated from the actual content, and web page addresses can reflect the content of the web site visited. Thus, FBI agents must be"trusted"not to read the content of an email or web page. Personal records: Under the USA Patriot Act, if the FBI claims it is for a"terrorism"investigation, it can collect any of an individual's personal records desired—even without suspicion of a crime. This includes library records, medical histories,financial records, or anything else that is recorded. American Civil Liberties Union of Northern California Phone: (415)621-2493 1663 Mission Street,Suite 460 Pax: (415)255-1478 San Francisco,CA 94103 hftp://www.aclune.org CONSERVATIVE VOICES Prominent conservatives go on the record against the USA PATRIOT Act and the post DEFEND FREEDOM: 9/11 crackdown on civil liberties. Compiled by Shenna Bellows,ACLU Organizer Contact: Sanjeev Sery, (415)621-2493 sbery@aclunc.org James Sensenbrenner(R-WI), Chair of the House Judiciary Committee "J.Edgar Hoover Is Back," Washington Times, 6/10/2007 "The Justice Department has gone too far. [We can have security]... without throwing respect for civil liberties into the trash heap. We don't have to go back to the bad old days when the FBI was spying on people like Martin Luther Bing." Paul Weyrich, President of the Free Congress Foundation "Ashcroft's Terrorism Policies Dismay Some Conservatives" The New York Times, 7/24/2002 "A lot of the social conservatives appreciate the stands he's taken on child pornography and the Second Amendment and a number of social issues. But there is suddenly a great concern that what was passed in the wake of 9-11 were things that had little to do with catching terrorists but a lot to do with increasing the strength of government to infiltrate and spy on conservative organizations." [In an 8/6/2002 op-ed in the Washington Times,Weyrich indicated that his concerns primarily related to how a future Attorney General, not Ashcroft,would use new governmental powers.] Robert Novak,conservative columnist "USA Patriot Act Remains Shrouded In Secrecy" The Miami Herald, 9/10/02 "Ashcroft is even more intractable than his predecessor, Janet Reno, in refusing information to the legislative branch." David Keene, Chairman of the American Conservative Union "Ashcroft: Good Intentions on a Bad Road" The Hill, 7/3112002 "The Bush administration argues convincingly that roving wiretaps, reading people's e-mail, putting video cameras on every corner and perusing their library habits will make it easier to catch terrorists before they act...the problem is that once all this is in place,we will no longer be living in the same country we lived in prior to Sept. 11." Dick Armey(R-TX), Former House Majority Leader and Chair of the House Select Committee on Homeland Security "Armey:Justice 'Out of Control"' USA TODAY, 10/16/2002 "I told the President I thought his Justice Department was out of control... Are we going to save ourselves from international terrorism in order to deny the fundamental liberties we protect to ourselves?... It doesn't make sense to me." American Civil Liberties Union of Northern California Phone: (415)621-2493 1663 Mission Street,Suite 460 Fax: (415)255-1478 San Francisco,CA 94103 http://www.aciunc.org CONSERVATIVE VOICES DEFEND FREEDOM(Cont.) William Safire, columnist writing about military tribunals "Selzing Dictatorial Power," The New York Times, 11/15/2001 "Misadvised by a frustrated and panic-stricken attorney general, a president of the United States has just assumed what amounts to dictatorial power to jail or execute aliens... No longer does the judicial branch and an independent jury stand between the government and the accused. In lieu of those checks and balances central to our legal system, noncitizens face an executive that is now investigator, prosecutor,judge,jury and jailer or executioner."' Ken Connor, President of the Family Research Council "Ashcrofrs Terrorism Policies Dismay Some Conservatives" The New York Times, 7/24/2002 "It's important that we conservatives maintain a high degree of vigilance. We need to ask ourselves the questions, 'Wow would our groups fare under these new rules? Vincent Cannistraro,former head of counterterrorism at the CIA "The War on Terror Enters Phase 2" The New York Times, 5/2/2002 "The Justice Department's detention of thousands of immigrant Muslims--the policy of'shaking the trees' in Islamic communities--alienates the very people on whom law enforcement depends for leads and may turn out to be counterproductive." Robert A. Levy, Senior Fellow in Constitutional Studies at the Cato Institute "The USA Patriot Act: We Deserve Better" Cato institute, 11/27/01 "If you think the Bill of Rights is just so much scrap paper, and the separation of powers doctrine has outlived its usefulness,then the USA PATRIOT Act, passed overwhelmingly on Oct. 25, is the right recipe to deal with terrorists. On the other hand, if you are concerned about Fifth Amendment protection of due process, and Fourth Amendment safeguards against unreasonable searches and seizures,then you should be deeply troubled by the looming sacrifice of civil liberties at the altar of national security." American Civil Liberties Union of Northern California Phone: (415)621-2493 1663 Mission Street,Suite 460 Fax: (415)255-1478 San Francisco,CA 94103 hftp:l/www.aclunc.org TAKING A STAND: 76 cities and counties have passed resolutions opposing the civil liberties crackdown. Contact: Sanjeev Bery, (415)621-2493, sbery@aclunc.org 03.26.2003 .*U.AWMqftM Jan 7,2002: Ann Arbor,MI Feb 12,2003: San Anselmo,CA Mar 18,2002: Denver,CO Feb 12,2003: Village of New Paltz,NY Apr 24,2002: Amherst,MA Feb 13,2003: Gustavus,AK Apr 27,2002: Leverett,MA Feb 17,2003: Vashon-Maury Island,WA May 2,2002: Northampton,MA Feb 18,2003: Rockingham,VT May 20,2002: San Miguel County,CO Feb 18,2003: Seattle,WA June 17,2002: Cambridge,MA Feb 18,2003: Ashland,OR June 25,2002: Carrboro,NC Feb 19,2003: Castle Valley,UT July 23,2002: Boulder,CO Feb 19,2003: York,PA Oct 15,2002: Madison,WI Feb 24,2003: Crestone,CO Oct 22,2002: Alachua County,FL Feb 24,2003: Missoula,MO Oct 22,2002: Berkeley,CA Feb 25,2003: Richmond,CA Oct 28,2002: Takoma Park,MD Feb 26,2003: Cotati,CA Oct 30,2002: Santa Fe,NM Feb 27,2003: Town of New Paltz,NY Nov 12,2002: Santa Cruz,CA Mar 4,2003: Athens,VT Nov 25,2002: Eugene,OR Mar 4,2003: Dummerston,VT Dec 2,2002: Burlington,VT Mar 4,2003: Guilford,VT Dec 2,2002: New Haven,CT Mar 4,2003: Jamaica,VT Dec 3,2002: Sebastopol,CA Mar 4,2003: Marlboro,VT Dec 6,2002: Detroit,MI Mar 4,2003: Newfane,VT Dec 17,2002: Flagstaff,AZ Mar 4,2003: Putney,VT Dec 17,2002: Oakland,CA Mar 4,2003: Waitsfieid,VT Jan 6,2003: Fairbanks,AK Mar 4,2003: Warren,VT Jan 7,2003: Fairfax,CA Mar 4,2003: Westminster,VT Jan 10,2003: Montpelier,VT Mar 4,2003: Windham,VT Jan 13,2003: Mansfield,CT Mar 4,2003: Telluride,CO Jan 15,2003: Arcata,CA Mar 5,2003: Sonoma,CA Jan 21,2003: San Francisco,CA Mar 11,2003: Union City,CA Jan 21,2003: West Hollywood,CA Mar 11,2003: Marlborough,NH Jan 28,2003: Yolo County,CA Mar 12,2003: Rosendale,NY Jan 28,2003: Point Arena,CA Mar 15,2003: Petersborough,NH Feb 4,2003: Brattleboro,VT Mar 17,2003: EI Cerrito,CA Feb 5,2003: Ithaca,NY Mar 17,2003: Socorro,NM Feb 10,2003: University City,MO Mar 18,2003: Benton County,OR Feb 11,2003: Claremont,CA Mar 18,2003: Woodstock,NY Feb 11,2003: Santa Monica,CA Mar 24,2003: Bellingham,WA Feb 12,2003: Davis,CA Mar 25,2003: Watsonville,CA Feb 12,2003: Ridgway,CO Mar 26,2003: Fort Collins,CO American Civil Liberties Union of Northern California Phone: (415)821-2493 1883 Mission Street,Suite 480 Fax: (415)255-1478 San Francisco,CA 94103 http://www.aclunc.org po UNDERSTANDING THE USA �"! PATRIOT ACT THE USA PATRIOT ACT... I. Creates a definition of "domestic terrorism" that covers any criminal act that is "dangerous to human life" and is apparently intended to influence the government by intimidation or coercion. Therefore, the government may designate as "terrorists" individuals or organizations that engage in acts of civil disobedience, which by definition violate the law and may arguably put life at risk but are not terrorism under any commonsense definition. Under this new definition, Greenpeace, Operation Rescue, Vieques, and WTO protesters could be targeted as possible terrorists. (Sections 411 and 802) II. Allows the government to seize the assets of an individual or organization without prior notice or hearing if the government alleges that the individual or organization has engaged in or is planning an act of "domestic terrorism". Given the breadth of the definition of "domestic terrorism" the government could seize assets of an organization with which it does not agree. (Section 806) III. Allows the government access to any types of records (educational, medical, financial, tax, sales, library, etc.) without probable cause of a crime AND prohibits the recordholder (librarian, bookseller, etc) from disclosing that they have been ordered to produce such records or they could face criminal penalties. The library records can only be released under court order, but the Act effectively mandates that the judge rubber stamp such orders. (Section 215) IV. Permits the government overly broad monitoring of Internet traffic and e-mail communications on any Internet Service Provider because e-mails and Internet traffic information of non-target individuals cannot be separated from the activity of targeted individuals. (Section 216) V. Allows law enforcement to conduct secret "sneak and peek" searches of your home. Investigators may enter your home or office, take pictures and seize items without simultaneously informing you for days or months that a warrant was ever issued. (Section 213) VI. Changes the nature of warrants for wiretaps by requiring judges to approve a wiretap without knowing who is to be tapped nor where it is to be placed. (Section 216) VII. Permits indefinite jail of immigrants and other non-citizens even if the government cannot show that they are, in fact, terrorists. (Section 412) VIII. Puts the Central Intelligence Agency back in the business of spying on Americans by permitting a vast array of information gathering on U.S. citizens to be shared with the CIA (and other non-law enforcement officials) without judicial or other safeguards. (Sections 203 and 901) Visit www.aclu.org,/safeandfree to get more information and get active. ,os Angeles Times:Pulling FBI's Nose Out of Your Books http://,A ww,latimes.com/templates/mise/Pr...2Doe°/`2Dsanders$rnayO8&section=/Printstory Sponsors;ed by A OF— cr. edlluff http://www.latimes.com/news/printeditionfopini.on/la-oe-sanders8mayO8,1,2885093.story COMMENTARY Pullin. FBI's Nose Out of Your Boobs ki'����` By Bernie Sanders U.S. Rep. Bernie Sanders represents Vermont as an independent. May 8, 2003 tiff An unnecessary chill has descended on the nation's libraries and bookstores: The books you buy and read are now subject to government inspection and review. After 9/11, the Bush administration,particularly Atty. Gen. John Ashcroft,pushed hard for passage of the Patriot Act, which contained sweeping changes to our nation's surveillance laws and new intelligence powers for the FBI and other agencies. At that time of national outrage, Congress passed with little debate a bill the attorney general #' had crafted. Few who voted for the Patriot Act—I did not—knew that among its provisions was one that gave FBI agents the authority to engage in fishing expeditions to see what Americans read. Although it does not mention bookstores or libraries specifically,the sweeping legislation gives the FBI the power to seize all of the circulation,purchasing 1 and other records of library users and bookstore customers on no stronger a claim than an FBI official's statement that they are part of a terrorism investigation. Surely the powers the government needs to fight terrorism can be subject to more meaningful checks and balances than that, especially when the right to read without government intrusion is at stake. Until the Patriot Act, the FBI had the authority to obtain bank records, credit records and certain other commercial records only upon some showing that the records requested related to a suspected member of a terrorist group. The Patriot Act expanded the FBI's authority in two ways. First, it gave the FBI the authority to seize any records careerbudderar of any entity. Most members of Congress probably didn't realize it,but this included libraries and bookstores. Second, Congress dropped the prior requirement that the FBI N smaor actually have some evidence that the person whose records it sought was a member of tD firda!how job. a terrorist group or otherwise involved in terrorism. Now, one Patriot Act provision allows the FBI to obtain whole databases, including records of citizens not suspected of any wrongdoing. The FBI has a history of abusing its power: monitoring, keeping records on and infiltrating civil rights organizations, Vietnam War protest groups and others that had broken no laws but were considered controversial. Little has changed to prevent the FBI .from abusing its powers again if it is left unchecked. The new powers appear to have been used already— of 2 5/22/2003 2:06 PM .os Angeles Times:Pulling FBI's Nose Out of Your Books http.//v Aw.latimes.coni/templates/niisc/gr...2Doe°/o2Dsanders8may08&section=/printstory a University of Illinois survey shows libraries were targeted at least 1.75 times in the year after 9/11 —yet the FBI refuses to explain how or why. Such is the state of affairs that librarians in California and across the country are putting up signs warning patrons that the FBI may be snooping among their records. These librarians, along with booksellers, are particularly concerned because the proceeding for these warrants takes place in a closed court and the new law has a built-in gag order: Those who are asked to turn over records are not allowed to say that the search has occurred or that records were given to the government. In addition, under this provision the courts are no longer an arbiter of individual rights because judges are not allowed to determine whether there is probable cause to justify such sweeping searches. We need law enforcement to track terrorists down before they do their evil deeds. But if we give up some of our most cherished freedoms—the right to read what we want without surveillance; the need for „probable cause" before searches are made—the terrorists win, for their attacks will have struck at the very heart of our constitutional rights. To remedy the excesses of the Patriot Act that threaten our right to read,I have introduced the Freedom to Read Protection Act. The bill, which has the support of Democrats and Republicans,progressives and conservatives,will establish once again that libraries and bookstores are no place for fishing expeditions. Because this new legislation will allow the FBI to use the constitutional routes at its disposal,including criminal subpoenas, to get library and bookstore records, it will not tie the hands of investigators. At the same time it will require--as had always been the case.---that investigations be focused and that the reasons behind them be subject to judicial scrutiny. Before Congress begins any discussion of new powers for the FBI, as some in Washington are advocating, we must first focus on correcting the unchecked authority the Patriot Act already grants the government. If ou want other stories on this topic,search the Archives at latimes.comiarchives. 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Va Wt° ' s� ooa �� amt o � `' sil.A, V-., � yA: — Tw t�c° o San Mateo Daily Journal S' sin Matra QU o Sei L�dilni�Soca#.nevhrss rowera�e fre+rra San i�risno to�tezS�rood Gticy Wednesday May 7, 2003 county endorses limits to Patriot Act � + Michelle Durand, Daily Journal(05-07-03) OgAdi faia►s The Board of Supervisors sent a loud message home yesterday that libraries and booksellers should not tell day M� the federal government what their clients are reading , off by unanimously passing a resolution endorsing a .a change to the Patriot Act. gMb _x Cell Ar ves, The decision came after nearly an hour of public is wiEth % hearings in which residents worried about the pleads constitutionality of opposing a federal mandate as Hearin i � well as fears about Infringing on the Bill of Rights by mon's-il allowing surveillance. While the resolution itself MWail doesn't change the act, it does send a message to Cc�u Congressmembers of what San Mateo County to 95-i residents want, said Supervisor Mike Nevin, Palo A xay;<t. "The Patriot Act is the law of the land until a court RAY—al declares otherwise. Probably not the Patriot Act itself. ®a_v_s_i. It's probably constitutional on its face but it's g9-U k probably unconstitutional as applied by the Attorney sunpoi General,"said Supervisor Mark Church, who proposed adoption of the resolution. technc The vote came after about 15 speakers addressed the users__ board,The majority favored their position although a Stoc s handful backed all provisions of the act and two �k. 1 others called for public input before a resolution was Cho passed. drQP-.4 beat h The resolution supports the enactment of"The Nom. Freedom to Read Protection Act of 2003,"which ecul, prohibits the search or seizure of personal information na.rMot from a bookseller or library, The amendment also MIN requires the Attorney General to regularly update a congressional oversight committee about how many Bay-Ar letters have requested Information. Currently,the - Patriot Act requires libraries and bookstores to Billo provide the federal government with records of its Omer. patrons'reading habits. INUAQ pig.. The supervisors also supported a provision in the HASH._! Patriot Act which sunsets on Dec. 31, 2005. There is a 4Pens proposal to remove the deadline and keep the cow surveillance options indefinitely available. {ISE-Q.,_. tlm,flS The supervisors'decision was spurred by requests AttQ-elf from the Green Party,the ACLU, the Midcoast Community Council and Serra High School students Justin Alley,James Latimer and Nathan Visconti.The students - who call themselves the San Mateo Bill of Rights Defense Committee-did not attend yesterday's hearing but sent videotaped speeches of http://www.smdailyjournal.org/article.cfm?issue=05-07-03&sto.ylD=22128 5/7/2003 San Mateo Daily 3ourmal their stances. "The scary thing about this is, if the war on terrorism never ends, a generation of people are never going to know what it's like to have freedom,"Latimer said. Alley said the act was"submerged in a deep quagmire of fear and confusion"and urged the board that"to preserve liberty we must act now." However, not all speakers agreed that the act is a bad thing. Montara resident Mario Pellegrini argued that the county officials cannot usurp a federal law because It is"illegal and against the democratic process. He said Instead voters should work to change their national representatives, "The ballot box is where they change It,"he said. Terry Gossett of Moss Beach said opposition to the act is"sheer folly"because"the Patriot Act is very important to the security of our nation." But those in favor of the resolution countered that security does not require the loss of civil liberties. Alpesh Patel of the Peace Action Network said loopholes like weapons on airplanes or allowing foreigners in without proper immigration paperwork can be closed without spying on those already in the country. "The act works on the fear of Sept. 11 but ignores the fact of it,"Patel said. Although Patel and others lauded the supervisors for the resolution,some said they stopped short of what is required —opposing all components of the act, such as the scope of subpoenas for e-mail and telephone calls and single jurisdiction search warrants for alleged terrorists, Supervisor Rich Gordon said he hoped Congress would repeal the entire Patriot Act, revise it as necessary and give the document greater review. Since the enactment of the Patriot Act 45 days after the Sept. 11 terrorist attacks, several governments have approved resolutions either opposing it or expressing concern. Locally,these include San Francisco,Mill Valley, Oakland and Berkeley.The ACLU and the Electronic Privacy Information Center have filed lawsuits against the act. Michelle Durand can be reached by e-mail: michelle@smdallyjournai.com or by phone: {550} 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjoumal.com. http://wurw.smdailvjoumal.org/article.cfin?issuc=0a-07-03&storvlD=22 i?8 5/7/2003 CIP4'-27-- 003 10:25 CCCSUPERUISDR JOHN 3101A 520 374 3425 P.02'02 1.,ocal u is ftying to restolV1_.. the rights tby Patriot Act T IS,INDEED,a new world a ing this certainly is a local issue. since the Sept. 11 attacks. The Constitution applies to every Not only have other gov- single person in Pleasanton." ernments been toppled, but Ironically,both Campbell and within the United States the of members of SAVOR,quote.Ben fects of the ironically dubbed i Franklin in their discussions Patriot Act are rightly starting THERESA ;EGAI about the Patriot Act. As to be questioned. runes coluxnnit Franklin so wisely advised in Although the Uniting and tTlliile Livermoreand Dublin our country's formative stage: Strengthening America by Pro- Those willing to give up their viding Appropriate Tools Ile. city councils have been recep- rights to protect freedom will quired to Intercept and Obstruct tine to the groups request to in- ultimately have neither. Terrorism Act passed with great vestigate this act,and the city's Certainly, it seems uphold- support and haste while our role in enforcing what many ing the Constitution,embracing country was in crisis, it's now consider unconstitutional ele- the system of checks and bal- more than obvious that. the ments of it,their request met de- antes and eliminating the ex. 1. long-reaching effects of this al. feat in Pleasanton this week. b g The 3-Z vote means the Patriot cessive stronghold of the Patriot teration, on our civil rights Act on our lives is an all-Amer- needs to be modified.And that Act won`t carne bekore the coun- ican effort that should unify,not message is being resoundingly cit for discussion,, although a wide,all.Americans. echoed by none other than"We, staff report on the impacts at the the people." local library is expected soon. Reach Ft'eegan at 926.97`7-8511 Those from the left and The deciding vete was cast or a-mail those from the right, from the by Matt Campbell, a council- theegan@cctimes.com. ground up are hoping their man who, ironically, is also a message will be heard in the civics teacher at Amador High. halls of Washington,where the And proving that tinning is change ultimately must occur. everything,earlier in the:meet- like the best of political sit. ing his senior students were uations, the bedfellows ad- recognized for placing second dressing this supposed anti-ter- in a statewide competition on rorisrn law are more than constitutional knowledge. strange. But when the tentacles -I dust didn't want to have a 1 Of the Patriot Act are creeping blanket discussion about the Pa- so ;far into people's private ac. mot Act,"sags Campbell.°i just tivities, that everything from dont think the City Council reading material to in-home ac- should.sponsor a conversation tivities can be scrutinized by like that." law enforcement,I guess it's not He thinks the citizens of so strange that'both the ACLU Pleasanton would be better and the NRA fired themselves served by participating in a let- agreeing to oppose the broad ter-writing campaign to their new law& federal representatives, Per- Even in the Tri-Valley, an sonally,he thin the patriot Act J area,known for its conservative is an"abom nadW that will re-stances, at least by Bay Area suit imus becoming a nation of standards,there's a groundswell men, not a.nation of laws. of opposition. Members of SAVOR claire. The Save Our Rights Coale. Campbell doesn't believe the tion of the Tri-Valley has been Constitution is a local issue, i meeting in libraries,pizza joints 'What irritates us so much P and local churches,trying to ed- is that this is a local issue,"says { ucate people about the inherent member flop Cuddy,who,in the danger of the Patriot Act. The interest of full disclosure, used proactive approach is the only to be a co-worker at this news. way to go, says member pied paper. Norman of Pleasanton. "To eliminate it, it has to be 4Now is the time to do sortie- done in Congress," adds Nor- thing." roan, "but to our way of think- 1