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City moves to continue controversial interviews
Council votes 4-3 in favor of Public Safety continuing its investigation
By Jana Seshadri
With the issue of national security in mind, the Sunnyvale City Council on Jan. 15 voted 4-3 to continue the investigative process initiated by the Department of Justice early last month. Council members Tim Risch, Julia Miller, Manuel Valerio and Jack Walker voted for the continuation of the investigation, while Mayor Fred Fowler and council members Pat Vorreiter and John Howe voted against it.
The council members professed that it wasn't an easy decision. The issue was put on the agenda at the council's request at the Jan. 8 meeting for discussion and public input.
Possible threats of future terrorist attacks on American soil prompted U.S. Attorney General John Ashcroft to request assistance in early December. Several cities in the Bay Area were asked to interview people on lists provided by the U.S. Attorney's office.
According to Public Safety Department Chief Ernie Bakin, the 11 names on Sunnyvale's list are those of males of Arab, Pakistani and Indonesian origin and between the ages of 18 and 33. Two people on the list have moved from Sunnyvale. Bakin said one person on the list--a student--has already been interviewed.
"There were no issues--it went smoothly," he said.
The process was suspended by Public Safety after the Jan. 8 meeting to await further decision by the council.
As part of his report to the council, Bakin said that, as per guidelines set by the U.S. Attorney's office, the interviews should be voluntary and non-custodial. Bakin said that the person contacted doesn't have to talk to law enforcement if he does not want to and can end the interview and walk out at any time if he wishes.
"These will be conducted as witness interviews," Bakin explained.
He added that the purpose of the interviews is to request people to come forward and provide any information they might have or know about people involved in suspicious or terrorist activities.
Besides supporting Homeland Security, Bakin said the council should consider resuming the interview process because it is "legal, ethical and safe."
Council members did not question the legality of the issue, but rather the humanity of it.
"Civil liberties are at the core here," Vorreiter said. "When we single out a certain ethnicity like this, then terrorism has won. San Francisco and San Jose are two cities that have declined to participate in this process. I think Sunnyvale should do the same."
"I support what Vorreiter said and am happy to be in the minority," Howe said.
Residents of Sunnyvale spoke out about their feelings on the issue.
"My concern is that this type of targeting makes other people suspicious," said Margaret Lamson, a Sunnyvale resident. "Another thing that concerns me is that if I was on the list and I had refused the interview, then the government knows where I live."
Sunnyvale City Attorney Valerie Armento said the materials she read from the Department of Justice do not suggest that any weight be given to, or future action be taken against, those people who refuse to be interviewed.
"I have no reason to believe that the United States Attorney's office would do anything to break the law," Bakin said.
"On Sept. 11 the most heinous act was committed in this country and more than 3,000 people were murdered in cold blood," resident Werner Gans said. "I believe we are at risk in this part of the country and it is our duty and in our own best interest to complete the interviews."
In responding to further questions from Miller and Valerio, Bakin said that the interviewing detective would be in plain clothes while making contact with the people on the list, while Armento added that an attorney can be present during the interviews.
"I do believe we have to take some extraordinary steps to preserve the tranquility of our country," Walker said. "We are reasonable people and we have to take these reasonable measures."
Fowler recounted his mother's experiences as a newlywed who moved back to the United States from Finland just after World War II ended and led a very uncomfortable year. He said she had to deal with and explain to authorities her reasons for living in Finland at the time, especially considering Finland's association with the Nazis during the war.
"My mother's concept of the United States changed completely and forever," Fowler said. "I am very troubled by the way these people on the list were selected."
"We are not by any means removing anyone's constitutional rights," Valerio said. "I don't see this action as violating anyone's rights. However, we should remain vigilant during the process."
Miller moved to support the process, while both Risch and Walker seconded it simultaneously and the motion carried on a split vote of 4-3.
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Sunnyvale, California Since 1994
