MINUTES

The meeting convened at 7:05 p.m. with Anne Wagley, chairperson, presiding.

ROLL CALL

Present:    Elliot Cohen, Stephen Glatt, John Lavine, Steven Freedkin, Anne Wagley

Absent:     Mark McDonald

COMMENTS FROM THE PUBLIC

None

ACTION ON MINUTES

M/S/C (Freedkin, Cohen) to approve the minutes for the regular meeting of September 10, 2001, and the minutes for the special meeting of September 24, 2001.  Ayes: Unanimous; Absent: McDonald.

ACTIONS TAKEN:

M/S/C (Wagley, Freedkin) that Anne Wagley send a letter to Phil Kamlarz regarding the Berkeley Alliance contract and response to letter of July 18, 2001.  Ayes: Unanimous; Absent: McDonald.

M/S/C (Wagley, Freedkin) to approve and send the following Resolution to Council:

WHEREAS, Berkeley Municipal Code (BMC) Chapter 3.68, establishes the Peace and Justice Commission as advisory to both the Berkeley City Council and the Berkeley Unified School District Board; and

WHEREAS, BMC Section 3.68.010 states, in part, "peace is not a fictitious tranquil end-state, but the process of solving differences constructively, creatively, and non-violently"; and

WHEREAS, the City of Berkeley has long been a beacon for peace and justice in the United States; and

WHEREAS, we are horrified and saddened by the death and destruction that occurred on September 11, 2001, and send our condolences to those whose relatives and friends died or suffered as a result of this tragedy; and

WHEREAS, since that time, the United States has received unprecedented support from around the world, including from peoples and governments with which our government has been in conflict; and

WHEREAS, with this incredible level of unity, any further terrorist actions would only turn the entire world against the perpetrators and any cause they hope to advance; and

WHEREAS, the non-violent, heartfelt expressions of condolence and solidarity from people throughout the world may, therefore, be the most effective possible anti-terrorism instrument; and

WHEREAS, any military response risks shattering the fragile but powerful global unity, especially if innocent non-combatants should be engulfed in the conflict; and

WHEREAS, the acts of September 11th should rightly be regarded as "crimes against humanity," as declared by Mary Robinson, United Nations High Commissioner for Human Rights, and international law provides a clear recourse when such crimes are committed; and

WHEREAS, in keeping with international law, the Security Council, empowered under the United Nations Charter, has unanimously denounced the terrorist attacks by passing a strong resolution; and

WHEREAS, the United Nations Charter, Article 51 "does not impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security"; and

WHEREAS, the Peace and Justice Commission has heard public testimony from many residents of the City of Berkeley, expressing their deep concern over the prospect of war and retaliation; and

WHEREAS, justice and the rule of law, so honored in the United States, provide that all people are innocent until proven guilty in a court of law, and require that the guilty be punished for their crimes as allowed by law; and

WHEREAS, we cannot pay tribute to the loss of innocent lives by taking more innocent lives; and

WHEREAS, the Peace and Justice Commission is pleased that the Berkeley City Council passed Resolution No. 61,285-N.S. establishing Berkeley as a Hate-Free Zone; and

WHEREAS, the open-ended resolution passed by Congress on September 14, 2001, and the requests by the Attorney General for a number of new powers, threaten to erode the civil liberties and rights upon which our nation was founded; and

WHEREAS, among the most cherished First Amendment rights that are the very essence of freedom are the rights to peaceably assemble, and to question and speak out on government policies, including the right to conscientiously object to military service and participation in military action.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley urges the federal government to act in a careful, deliberate, and lawful manner to assure that those responsible for the September 11, 2001 attack be identified and brought to justice.

BE IT FURTHER RESOLVED, that the City of Berkeley reaffirms the core values that established this nation, and calls upon our national leaders to cherish the democratic liberties granted by the United States Constitution and opposes those seeking to exploit this catastrophe by diminishing our rights to privacy, free speech, travel, and other important constitutional rights.

BE IT FURTHER RESOLVED, that the City of Berkeley will remain steadfast in opposition to the intimidation and harassment of any one based on race, national or ethnic origin, religion or lawful political affiliation as guaranteed by the First Amendment and under International Law.

BE IT FURTHER RESOLVED, that the City of Berkeley will also vigorously prosecute any hate crimes directed toward any person based on their religion, race, national or ethnic origin, or appearance.

BE IT FURTHER RESOLVED, that the City of Berkeley encourages our national leaders to follow the rule of law and the mechanisms established in the United Nations Charter, allowing the Security Council to take measures necessary to ensure international peace and security, and encourages the use of the International Court of Justice to resolve issues the United States has with other countries;

BE IT FURTHER RESOLVED, that the City of Berkeley encourages the Administration and Congress to undertake a comprehensive review of United States policies to identify which policies can be changed to help redress legitimate grievances and improve the underlying conditions in which people live, so as to reward the support we have been given in these difficult times, to increase the respect and goodwill of people toward our country, and to reduce animosity toward the United States.

BE IT FURTHER RESOLVED, that a record signature copy of this Resolution be forwarded to the following:

President George Bush

Vice President Richard Cheney

Attorney General John Ashcroft

Secretary of State Colin Powell

Secretary of Defense Donald Rumsfeld

Senator Barbara Boxer

Senator Dianne Feinstein

United States Representative Barbara Lee

United Nations Secretary General Kofi Annan

United Nations High Commissioner for Human Rights Mary Robinson

Ayes: Unanimous; Absent: McDonald.

NEXT MEETING:

The next meeting will be on Monday, November 5, 2001 at 7:00 pm in the North Berkeley Senior Center.

The meeting was adjourned at 10:00 pm. 

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