Jake McGoldrick: We Must Protect our Civil Liberties

Last January, the SF Board of Supervisors passed my resolution 10 - 1, putting San Francisco on record as opposing the so-called USA Patriot Act, a federal law which severely impacts our most basic civil and constitutional rights. This resolution called upon city agencies and private citizens to defend our residents' basic constitutional rights and to refuse to cooperate with federal requests that would violate those rights. In taking this step, San Francisco jump-started a movement that spread across the country, encompassing 194 communities in 34 states.

Despite this wave, the Bush administration has stepped up its efforts to defend and expand the unconstitutional provisions of the Patriot Act. For this reason, I believe we must take the next step. I have introduced a charter amendment for the March ballot that is now before my colleagues on the board of supervisors. Currently co-sponsored by three supervisors, I hope it will enjoy the same broad support as my previous resolution.

The Privacy Protection Charter Amendment deals with San Francisco's response to federal requests under the Patriot Act. Currently, if federal authorities request an individual's private records from any City agency, the head of that agency is obligated under federal law to provide such records and is forbidden from revealing to any person that the request was even made. This is true even though the request may violate the constitutional rights of the individual whose records were requested.

For example, if a federal agency were to request the library records of a San Francisco resident, our city librarian would be required to provide any records she had. Federal law also would prohibit her from revealing to anyone that she had received the request.

Federal officials also could obtain your health records from any SF Department of Public Health clinic you visited for health care or from any other city department or agency. Under the Patriot Act, the federal government can obtain these records without showing probable cause to believe that any person has committed a crime and without ever notifying the person whose privacy is compromised.

I believe very strongly that this act puts heads of city agencies in an untenable position. They may be required by federal law to violate the most basic privacy rights of city residents and if they fail to respond or even reveal they received such a request, they can be punished under federal law. All city officials should owe their first allegiance to the residents of our City, whom they serve. We should not put department heads in the position of choosing between violating the constitutional rights of city residents and being prosecuted by the federal government.

The Privacy Protection Charter Amendment would strip city department heads of the authority to respond to federal requests under laws such as the Patriot Act. Because these requests have such significant political and constitutional ramifications, I believe the decision whether to respond to them or not should be made by the city's highest policy-making body - the board of supervisors. The city attorney has advised my office that the only way to achieve such a result is to amend the city charter.

This measure also would provide that the board of supervisors review and respond to requests under the Patriot Act, or similar laws designated as possibly violating constitutional rights. The board of supervisors would consult with the city attorney and then decide on an appropriate response to requests. The clerk of the board would prepare an annual report of all such requests, noting the board's responses. This would place responsibility for responding to such record requests with elected officials, who are sworn by their oath of office to uphold both the U.S. and California constitutions.

The Patriot Act clearly violates such fundamental rights as freedom of speech and assembly and a right to privacy; protection from unreasonable searches and seizures; due process; and the presumption of innocence. At a time when the federal government is intent on violating our rights, it is up to each of us to be the real patriots and stand up and defend our rights. I hope you will join me in supporting this proposal.

Jake McGoldrick is a San Francisco supervisor representing District 1.