Instead, Nesbet's resolution "relating to the protection of civil rights and liberties of Monte Sereno residents" barely squeaked by, with a 3-2 vote in favor of approval. The resolution affirmed fundamental human rights in reaction to the USA Patriot Act, put in place shortly after the Sept. 11 terrorist attacks.

Nesbet had previously said that the Patriot Act allows the government to track records of residents, including library checkouts and store purchases. "It has been implemented in a way that truly strikes fear," she said at the June 17 city council meeting.

As other cities had done, Nesbet proposed that Monte Sereno pass a resolution that would protect the rights of its residents. With no specific references to the Patriot Act, the resolution affirmed the city council and local law enforcement's commitment to those rights.

Two of Nesbet's peers, however, did not feel that the city had the right to take that position.

"It's more of a federal issue and I do believe it is partisan," said Vice Mayor Erin Garner. "Our mission here is to work for the city." Garner added that many citizens had come up to him and said, "Hey, we didn't put you in office to comment on the activities of our President's administration."

Councilman Curtis Wright agreed. "We are a nonpartisan body, elected to take care of our city and look and legislative actions that affect our city," he said.

Wright pointed out that U.S. Sens. Barbara Boxer and Dianne Feinstein and Rep. Anna Eshoo, California representatives on their respective legislative bodies, had voted in favor of the Patriot Act. Wright added that Congress was possibly going to make some changes to the act, and suggested that Monte Sereno simply contact its representatives and give input on those changes.

"When you look at what happened after Sept. 11, how the country was in shock," Nesbet argued, "[you'll see that] people frequently relinquish their right to express an opinion that doesn't coincide with the majority."

Mayor David Baxter and Councilman Mark Brodsky sided with Nesbet. Brodsky said, "We are the people's first line of defense. ... what this says is, 'Let's not look back 10 years from now and wonder what reparations we'll have to pay to a certain class of people.

Baxter said he could vote for the resolution if Nesbet agreed to take out portions of the draft. One such section mentioned "other communities around the country" that had passed such resolutions. "Any action that we're taking is because of Monte Sereno and not any other communities," he said.

With a handful of deletions, the 3-2 vote was taken. The resolution will be sent to Gov. Gray Davis' office, various law enforcement agencies and state and federal legislative bodies.