Backers of a resolution opposing the federal Patriot Act said concerns shouldn't scuttle their efforts.

Members of the Helena Patriot Committee said they'll hold a public forum on what they call "A Resolution for a Free and Safe Helena."

City Attorney David Nielsen recently examined the proposed resolution, saying the Patriot Act doesn't really apply to the Helena Police Deparment. But the resolution could run afoul of the city charter, Nielsen said, which doesn't allow the commission to direct, supervise or discipline city staff, Nielsen said.

Helena Patriot Committee co-chair Paul Edwards said Wednesday his group expects good public discussion on the issue.

"We would like to stick with our resolution," Edwards said. "This is not about a critique of Helena law enforcement. This is about trying to shield (them)."

At a Wednesday work session, Mayor Jim Smith asked fellow commission members to work on a resolution, saying city staff doesn't have time to get too involved. He asked Commissioner Paul Cartwright to draw up another resolution and asked Commissioner Sandy Oitzinger to find out when portions of the Patriot Act were up for reapproval.

Cartwright said a public discussion of the controversial act is important, if only to reaffirm community policing standards. He alluded to tougher enforcement -- but the same laws -- during Mayor Rudy Guiliani's tenure in New York City.

Helena Police Chief Troy McGee said his officers mainly enforce state and city rules, but does cooperate with federal agents drug cases.

"We haven't been asked to assist the feds," McGee said. "The feds cannot come and tell us what to do. There seems to be a misnomer that we're being directed to do things."

The proposed resolution primarily asks city police not to enforce federal immigration laws; not to engage in secret "sneak and peek" searches; not to base investigations on race, religion or ethnicity; and not to encourage neighbors to spy on each other.

Police officers don't enforce federal immigration laws, but do report illegal immigrants to the Immigration and Naturalization Service. They also carry out federal arrest warrants, use video surveillance and are usually present during federal searches to keep the peace.

The department also promotes Crime Stoppers and neighborhood watch programs.

Edwards said the committee is seeking the participation of Carroll College and the IR.

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