Item 2: Ordinance Concerning Citation Authority of UODPS

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cause to investigate reports of certain criminal behavior and take enforcement action would eliminate the need to call EPD simply to issue a citation. Oregon Revised Statute (ORS) 352.385 grants commissioned public safety officers, such as UODPS public safety officers, the authority to arrest on probable cause, but as it is now written, E.C. 4.035 does not grant this authority for violations or crimes in the Eugene Code. An example of a common situation where UODPS and EPD would benefit from the expanded citation authority would be a case where UODPS receives a report of a stolen laptop computer. The UODPS is notified when a reported stolen computer is accessing the UO network and the location is pin-pointed. UODPS officers contact the person using the stolen computer, and after interviewing the subject, learn the individual had actually stolen the computer. Even though UODPS did not witness the actual theft, they developed probable cause to believe the suspect did take the computer by the subject admitting to the crime, and also by being in possession of the stolen computer. As the ordinance stands now, UODPS officers would need to contact EPD, explain the probable cause for the offense, and then have the EPD officer come to the UO to issue the citation. When the proposal to amend the Eugene Code to give UODPS the authority to issue citations based upon probable cause is viewed through a quick triple bottom line analysis, these impacts are evident:  Environmental health is addressed when unnecessary gasoline consumption and extra vehicle trips to the UO campus are eliminated. If the proposed amendment to E.C. 4.035 is adopted by the council, in those cases where UODPS can cite individuals through probable cause, EPD will not be required to join the UODPS officers for what is essentially a paper work function.  The primary economic benefit to the Eugene community and Oregon taxpayers to be gained through the proposed amendment will be the elimination of duplicated workload. UODPS is able to perform the function of investigating and charging subjects for a crime without an EPD officer needing to come along behind and duplicate the work already done.  The primary social equity benefit is the increased ability of UODPS to provide policing that is culturally aligned with the campus community. Some differences in the priority of crime responses are culturally-based, for example the laptop theft discussed above would not reach the level of priority of response for an EPD detective due to the dollar threshold for EPD investigations. On campus, the crime is one that would be prioritized for UODPS response. By aligning the authority of UODPS officers with justice and overall livability values of the University, the change to E.C. 4.035 provides a social equity benefit. From January 1, 2010, through October 5, 2010, the UODPS issued 386 citations; 155 of the total were for Minor in Possession of Alcohol, 65 for Possession of Less than One Ounce of Marijuana, and 50 for Consumption of Alcohol on an Unlicensed Premises. Please see Attachment B for a statistical report of violations and crimes addressed by the UODPS through their citation authority. It should be noted that this amendment to EC 4.035 only gives UODPS officers the authority to issue citations for crimes; they will not be transporting and lodging offenders. RELATED CITY POLICIES The City of Eugene has previously granted authority to the UODPS officers to enforce certain municipal violations and misdemeanor crimes if there is cause for them to do so, including some violations for which there are no comparable offenses under State law, such as violation of the City’s noise ordinance.