Ordinance Passed By Charlottesville City Council in Response to PATRIOT Act

ORDINANCE

Preamble: It is the policy of the City of Charlottesville that all City officers and employees shall fully cooperate with agents of the Government of the United States acting within the scope of their lawful and constitutional authority and that they shall assist them by giving them all appropriate assistance in order to protect the lives and property of people living in the United States. In addition, it is the policy of the City of Charlottesville that all City employees and officers shall act in a manner consistent with the concerns expressed in the Resolution passed by this Council on July 21, 2003, governing the disclosure of information and the protection of the privacy, civil rights and liberties of individuals. This Ordinance sets forth the process employees and officers of the City shall follow in order to accomplish these important goals.

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CHARLOTTESVILLE:

1. Short Title. This Ordinance may be cited as "The Charlottesville Civil Liberties Protection Act.”

2. Definitions.

(a) "Person" shall mean one or more persons, organizations, businesses, corporations or other entities.

(b) "Request for assistance" shall mean a request for information about any person or a request for assistance relating to an investigation of any person.

3. Duty of Officers and Employees of the City. Whenever an employee of the City of Charlottesville is approached by any person acting under the authority of the Government of the United States who presents a request for assistance, as defined in this Ordinance, that employee shall follow the procedures set forth in this Ordinance.

4. The Civil Liberties Protection Board. There is hereby created a Civil Liberties Protection Board.

(a) Members. The Board shall consist of three members, who shall be attorneys licensed to practice in the Commonwealth of Virginia, as follows:

(i) One member appointed by the Charlottesville Commonwealth's Attorney. In addition, the Commonwealth's Attorney may appoint one alternate member, who will serve if the person appointed by the Commonwealth's Attorney is not available.

(ii) One member appointed by the Public Defender whose office serves the City of Charlottesville. In addition, the Public Defender may appoint one alternate member, who will serve if the person appointed by the Public Defender is not available.

(iii) One member selected by the other two members.

(b) Quorum. A majority vote of the members then serving on the Board, but in no case fewer than 2, shall be required for the Board to act.

(c) Compensation. Members of the Board shall serve without compensation. They shall be entitled to reimbursement, however, for any expenses reasonably incurred in the performance of their duties as members of the Board.

5. Procedure on Receipt of Request For Assistance From A Person Acting Under the Authority of the Federal Government. Immediately after receiving a request for assistance, as defined in this Ordinance, from a person acting under the authority of the Government of the United States, a City employee shall, prior to taking any action to comply with the request, report the fact that the request has been made to the employee's immediate supervisor. The employee and the employee's supervisor shall then submit a report to the Civil Liberties Protection Board describing the request for assistance, provide the Board with a copy of any document delivered to the employee purporting to authorize the assistance requested, and including whatever other information the employee or the employee's supervisor believes is appropriate. Any member of the Board may request additional information relating to the request. In addition, the Board may ask for information from the person making the request for assistance.

6. Action by the Board. The Board shall meet without delay and shall decide:

(a) whether the request for assistance has been made under lawful authority; and

(b) whether the request for assistance violates or abridges the constitutional or statutory rights of any person.

The burden of proof shall be on the person requesting the information or assistance to demonstrate that the request meets these tests.

The Board shall deliver to the employee and the employee's supervisor a written decision stating either that the request for information is proper and lawful under the tests described above or that it is not. The decision shall state the Board's reasons

7. Cooperation with the Request for Assistance. The employee shall not take any steps to cooperate with the request for assistance until the Board delivers a written statement of its decision to the employee and the employee's supervisor. If the Board's decision states that the request meets the test outlined in Section 6 above, then the employee's supervisor shall authorize and instruct the employee to cooperate with the request for assistance, and the employee, acting under the authority of the employee's supervisor, shall then proceed to take any appropriate steps to cooperate with the request for assistance without delay. If the Board's decision states that the request does not meet the standards set forth in Paragraph 6 above, then the employee shall not cooperate with the request for assistance and shall refuse to provide any information or other assistance requested.

8. Employees Protected from Liability. Any employee who, acting under the authority of this Ordinance, fails to cooperate with any request for assistance from a person acting under the authority of the Government of the United States, and who as a result of failing to cooperate with that request for assistance is made a party to any legal or administrative proceeding, shall be reimbursed by the City for any liability incurred, including liability for payment of any fine, and for any costs or attorney's fees reasonably incurred in the employee's defense. If the City provides any reimbursement to the employee under this paragraph, the City shall be subrogated to any right the employee might have to seek reimbursement for that cost from any party who may be liable to pay such reimbursement.

9. Discipline of Employee Providing Cooperation in Violation of the Provisions of this Ordinance. Any employee who takes any action to cooperate with a request for assistance from a person acting under the authority of the Government of the United States in violation of the provisions of this Ordinance shall, in addition to any other penalty which may be imposed by law, be subject to appropriate disciplinary action, which may include termination of employment.

10. Notice to Employees. Every employee of the City of Charlottesville shall be given a copy of a notice summarizing the provisions of this Ordinance. A copy of the notice shall be signed and dated by each employee and kept in the City's Office of Human Resources. The provisions of this ordinance shall be made public by posting and by other means for the purpose of insuring that the residents of Charlottesville know of their protections against abuses under the Patriot Act.

11. Officers. Any officer of the City of Charlottesville, or any employee of any officer of the City of Charlottesville who receives a request for assistance from a person acting under the authority of the Government of the United States, as described in this Ordinance, may report on the request for assistance to the Civil Liberties Protection Board and seek the Board's review and ruling on the appropriateness of the request, using the standards described in Section 6 above. Any officer of the City of Charlottesville or any employee of an officer of the City of Charlottesville who fails or refuses to cooperate with such a request for assistance because the Board has advised that the request does not meet the standards set forth in Section 6 above shall be indemnified by the City for any costs or liability that person may incur as a result of such failure or refusal to cooperate in the same manner as outlined for City employees in Section 8 of this Ordinance.

12. Reports. Whenever the Board has been asked to rule on a request for assistance from a person acting under the authority of the Government of the United States, as described in this Ordinance, it shall submit a report to the City Attorney for the City of Charlottesville. The report shall include the date, the nature of the information requested, a copy of the document purporting to authorize the assistance requested, and such other information as the Board deems appropriate. Any reports submitted in accordance with this paragraph shall be considered public documents and may be reviewed by any person asking to do so, provided, however, that part or all of any report may be kept confidential if the Board votes unanimously that it is in the best interests of the citizens of the City of Charlottesville to do so.