TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Information Requested by the Council for Consideration in Response to a Petition on USA Patriot Act
DATE: October 8, 2003
The purpose of this memorandum to provide information requested in response to Council requests about possible impacts of the USA Patriot Act on the operations of the Chapel Hill Police Department, the Chapel Hill Public Library, and the University Police Department.
BACKGROUND
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act hereinafter referred to as the USA Patriot Act, became law on October 26, 2001. The legislation originated with Attorney General John Ashcroft, who asked Congress for additional powers to fight terrorism in the wake of the events of September 11, 2001.
Regarding law enforcement agencies, the majority of the provisions in the Act broadened the surveillance and subpoena authority of federal law enforcement officials.
Regarding libraries, Section 215 of the USA Patriot Act overrides the North Carolina Patron Privacy Law (Attachment 2) which protected library patron records in the past. An agent may now gain access to library records that may be related to an ongoing investigation related to terrorism or intelligence activities. Librarians served with a search warrant may not disclose, under penalty of law, the existence of the warrant or the fact that records were produced as a result of the warrant. The Orange County Bill of Rights Defense Committee submitted a petition to the Council on September 22, 2003, requesting that the Council adopt a resolution regarding the USA Patriot Act (Attachment 1).
DISCUSSION
University Police Department: In response to the Town’s request for information, Chief Derek Poarch, Director of Public Safety at the University of North Carolina, provided the following information:
“The University of North Carolina at Chapel Hill and the Department of Public Safety have a long standing record of support and protection of civil rights of all persons associated with the University, including protection of free speech, right to assembly, and all due processes afforded by federal and State law. While the University is required to comply with the USA Patriot Act, we have not been requested to, nor would we, participate in any law enforcement activities that are illegal and designed to infringe upon constitutional rights or liberties” (Attachment 4).
Below we provide information requested by the Council.
Chapel Hill Police Department: The enactment of the USA Patriot Act has not affected the policies governing the operational protocols of the Chapel Hill Police Department. We have not been asked by a federal agency to use the powers granted by the Act, nor are we aware of any federal agency using the expanded powers authorized by the Act in Chapel Hill. Because the Patriot Act focuses principally on federal law enforcement authority, we do not anticipate the Act having any impact on the Department.
The principles of respect for the law and respect for the individual govern every facet and every function of the job of police officer in Chapel Hill. The policies and standard operating procedures of the Police Department are formulated on the principle that the rights of the individual must always be protected. These policies and operating procedures will not change because of the Patriot Act.
Chapel Hill Public Library: The enactment of the USA Patriot Act has not affected the daily operations of the Library. The Town has not been asked for access to library records by a Federal agency to use the powers granted by the Act. If asked, library staff has been instructed to refer the request to the highest-ranking on-site staff member (Attachment 3).
The Library maintains no permanent history of a patron’s borrowing activity. Patron records kept by the library are minimal. For back-up purposes, the library automation computer maintains records containing patron activity for up to two months. It also tracks overdue materials for which fines are pending.
Since the Patriot Act went into effect, some patrons have expressed concern about their privacy at public Internet stations. The Library deletes the record of a patron’s use of public Internet stations daily. The Library also discards patron Internet sign-up sheets within 48 hours.
RECOMMENDATION
That the Council consider such actions as it deems desirable.
ATTACHMENTS
1. Petition from Orange County Bill of Rights Defense Committee (p. 3).
2. Memorandum from UNC Chief Derek Poarch entitled “USA PATRIOT ACT” (p. 19).
3. North Carolina Patron Privacy Act (p. 20).
4. Memorandum to library staff entitled “Patriot Act and FBI Inquiries.” (p. 21).