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HomeMy WebLinkAboutCC Resolution 11418 (USA Patriot Act)RESOLUTION No. 11418 RESOLUTION OF THE CITY OF SAN RAFAEL IN RESPONSE TO USA PATRIOT ACT WHEREAS, since the September 11, 2001 attacks on our nation, the USA Patriot Act has been enacted to expand federal powers to combat terrorism; and WHEREAS, the USA Patriot Act was passed by Congress in great haste and without the normal deliberative and open process followed in federal legislation; and WHEREAS, the City of San Rafael is governed by the Constitution of the United States and understands that the security of our nation must be achieved in ways that ensure the protection of civil rights and liberties enshrined in the Constitution; and WHEREAS, a number of San Rafael and Marin County residents, as well as prestigious legal organizations, have concluded that certain provisions of the USA Patriot Act subvert the U.S. Constitution; and WHEREAS, the City Council has directed staff to undertake a review of the USA Patriot Act to determine how it affects the delivery of municipal services to residents and businesses of San Rafael; and WHEREAS, it has been determined that Section 215 of the USA Patriot Act affects the manner in which the employees of the City of San Rafael conduct their business; and WHEREAS, it has been the City of San Rafael's long -held policy and practice not to make arrests for immigration violations because of the lack of authority, and to do so would threaten the Police Department's ability to interact constructively with residents in our community; and WHEREAS, without guidance and oversight, the Constitutional rights of City employees may be infringed, and these same employees put at risk of violating fundamental Constitutional rights of the residents of San Rafael. ORIGINAL Aoo NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby adopt the protocols, attached hereto as Exhibit "A", for City employee responses to subpoenas, search warrants, court orders, and other requests for information by law enforcement officials; and further directs that the City Manager work with all City of San Rafael departments, in concert with the City Attorney, to implement these protocols. BE IT FURTHER RESOLVED, given the City's commitment to the privacy of its Library patrons and the confidentiality of Library records, the City Council also adopts the San Rafael Library Privacy Statement, attached hereto as Exhibit "B", setting forth what Library patrons can expect as regards the collection of personal information and the confidentiality of such records. BE IT FURTHER RESOLVED, that the City of San Rafael opposes any amendments to the USA Patriot Act or other federal regulations that would compel local law enforcement to undertake the enforcement of federal immigration law. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the fifteenth day of September, 2003 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Noise �� . Jea e M. Leoncini, City Clerk PROTOCOLS FOR CITY EMPLOYEE RESPONSES TO SUBPOENAS, SEARCH WARRANTS, COURT ORDERS, AND OTHER REQUESTS FOR INFORMATION BY LAW ENFORCEMENT OFFICIALS Department Directors or Division Chiefs shall be responsible for handling all responses to subpoenas, search warrants, court orders, or other requests for records, tangible things, or other information received from law enforcement officials, and in their absence, such responses shall be provided by the persons who have been designated by the Department Director or Division Chief to handle these responses. 2. A City employee contacted by a law enforcement official requesting records, tangible things, or other information shall contact the employee's Department Director or Division Chief, or the designee, and request that such person provide the required response. If no such person is available, the employee shall refer the law enforcement official to the City Attorney's office for the appropriate response. 3. The Department Director, Division Chief, or designee shall: (a) ask the official for identification; (b) contact the official's office to confirm the official's identity; and (c) contact the City Attorney's office for assistance in responding to the request. 4. After consultation with the City Attorney's office, the Department Director, Division Chief, or designee shall provide the required response on a timely basis. 5. If the Department Director, Division Chief, or designee receives a search warrant or court order from the law enforcement official which contains a "gag order" prohibiting disclosure of information regarding the search warrant or court order, such person shall not discuss any information related to the search warrant or court order with any other person, including any other City employee other than the City Attorney's office. 5. A City employee contacted by a law enforcement official requesting records or other information, without a subpoena, search warrant, or court order, shall likewise refer the matter to the Department Director, Division Chief, or designee for a response. If the request constitutes a public records request, the request shall be handled in the same manner as a request for public records by a member of the general public. The Department Director, Division Chief, or designee shall contact the City Attorney's office if assistance is needed in responding to such a request. E�!BIT A SAN RAFAEL LIBRARY POLICY PRIVACY STATEMENT Your Right to Privacy The San Rafael Public Library recognizes the need to protect your right to privacy regarding the questions you ask and the materials you borrow. Confidentiality of Library Records The Public Records Act, California Government Code Section 6267, mandates confidentiality of your registration and borrowing records. These records include any information which a library requires a library user to provide in order to become eligible to borrow books and other materials, and any information which identifies the library user borrowing particular books and other material. All library records relating to an individual library user's use of the library and its resources are confidential. These records may be consulted and used by library staff in the course of carrying out library operations, but will not be disclosed to others except at the request or consent of the library user, or pursuant to subpoena, court order, or otherwise required by law. FREQUENTLY ASKED QUESTIONS ABOUT PRIVACY AT THE LIBRARY Our Commitment to Privacy Protecting your privacy is important to us. This notice explains our information practices, what information the library collects, and how the library uses that information. The Information San Rafael Public Library Collects This information applies to all information submitted to the San Rafael Public Library in person or on the web site. On some web pages, you can make requests, make comments, or reserve a computer to use the Internet. The types of personal information collected are: • Name • Address • E-mail address • Phone number • Library card number • Date/year of birth (for card registration only) • Materials currently checked out • Overdue material (until returned) • Fines, paid or waived (kept for 6 months) EXHIBIT The Way We Use This Information We do not share information collected with outside parties. We use return e-mail addresses to send notification of reserve materials and overdue materials. Mailing addresses are used for overdue and billed notices. There is a check -off box on the application if you would like to receive information from the Friends of the Library or the San Rafael Public Library Foundation. For reserving an Internet computer, your bar code and your PIN are kept in the Library Online System until your reservation is used or cancelled (up to 7 days), and to show workstation usage (up to 24 hours). Internet Privacy When you visit the library's web site, we collect and store only information to measure the number of visitors to our site. This information includes: The address (IP) of your computer or Internet provider The date and time you accessed our site The Internet address of the web site that referred you to our site In accordance with Library Confidentiality Policy, we will not well, lease, or otherwise distribute or disclose your e-mail address, phone number, borrower records, or other personal information for non -library purposes to outside parties unless required by law. The library's website uses "cookies" to allow you access to certain functions (such as the on-line catalog and electronic resources, etc.) within our site. These cookie files do not capture any personal user information (such as e-mail address or user passwords). Temporary cookie files are automatically deleted when you close your browser. Some of the library web site/pages contain links to external sites not maintained by the Library. The library cannot be responsible for your privacy when you disclose information to outside web sites. It is your responsibility to protect your personal information. Our Commitment to Children's Privacy: Protecting the privacy of children is especially important to us. We attempt to minimize exposure of children's personal information when possible by using children's first names only when promoting events on or off our web site. We are also prudent in our use of children's e-mail information, using them only for notification of reserves or overdue or billed materials. Children up to the age of 14 must have a parent's signature on file to access the Internet. Due to the ease with which children can divulge personal information on the Internet, as well as the possibility of inadvertently bringing up inappropriate sites, we urge parents to supervise their children's use of the Internet. Information collected at the San Rafael Public Library is not shared with any other agency or organization. SRPL: Privacy Policy 6/03