The Helena City Commission will decide early next month whether to support a resolution critical of the Patriot Act, although some officials expressed concerns about its effectiveness and its impact on police officers' morale.

The Helena Patriot Committee recently crafted a "Resolution to Protect Civil Liberties," following a well-attended public meeting last month. The committee first asked city commissioners to make a statement against the Patriot Act Aug. 30.

Commissioner Paul Cartwright said Wednesday the Patriot Act undermines a community, allowing authorities to pry into people's library records and Internet use. Cartwright helped craft the revised resolution, which he says affirms the good things the police department already does.

"We don't need to go mistrusting our police department," he said. "I think we have a very cool police department. I think we've got something to be proud of and this will set a tone."

But city officials have their worries.

City Attorney David Nielsen said he's concerned the resolution could be "manipulated" by someone suing the city. Helena Police Chief Troy McGee said the resolution shouldn't adversely affect the department's working relationship with federal officials. But he added that the resolution is a hot topic among police officers.

"The officers have seen it in the paper," McGee said. "When they feel they're doing a good job and they see this (resolution discussion) come up, it does raise questions in their minds."

The resolution also asks City Manager Tim Burton to check in with federal authorities to see if they've executed sneak-and-peek searches, conducted electronic surveillance, monitored political activities or asked for school, library or bookstore records.

Burton said doing so wouldn't take too much time, but wondered if his time would be better spent drafting a letter to the U.S. attorney general or working on a water main project.

"I don't think we're going to get much out of this," he said. "I will do what you want me to, but I don't want to be the Patriot Act coordinator."

Others suggested lobbying Congress for changes, while a federal agent urged caution.

Helena FBI agent Scott Cruse said he doesn't want the tools provided by the Patriot Act eroded. The act tore down the wall between criminal and intelligence-driven investigations, he said. Cruse, who has discussed his concerns with some city and county commissioners, said Wednesday he hasn't reviewed the latest resolution, but added the FBI is in the business of protecting citizens' civil rights.

It's uncertain if the commission would OK the resolution.

In addition to Cartwright, Commissioner Sandy Oitzinger supports it.

Like Pouliot, Mayor Jim Smith said it ought to be up to Montana's congressional delegation to fix the Patriot Act.

The issue is "very near and dear to me for personal and professional reasons," said Smith, a lobbyist for peace officers' and sheriffs' associations. The act could evolve, he said, and much in it is appropriate, like cutting off the flow of money from churches or mosques to terrorists.

Smith said he wasn't comfortable moving forward with the resolution, but added later he might support it in three weeks. Those opposed to the resolution really haven't been heard, he said, and the topic could prove to be controversial, like the smoking ban or Downtown Walking Mall project.

But Chip Clawson said the resolution would send a message "upstream" to Congress and would join the voice of hundreds of other American communities. Work has begun on reauthorizing parts of the act.

"We're all concerned about terrorism, but we're also concerned about civil liberties," he said.

Reporter Jason Mohr can be reached at 447-4075 or jason.mohr@helenair.com.