CC Minutes - 11/22/10 Meeting - Laserfiche WebLink

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Councilor Taylor spoke to Mr. Kamis' remarks, saying she had personally opposed the City's prostitution exclusion zone. She said downtown was everyone's neighborhood and people had the right to be somewhere and should be able to move about freely. There were already remedies for criminal violations. She suggested it was better to have such people downtown than out in the parks or by the river. She thought all kinds of people should be welcome to gather and interact downtown. Councilor Clark said when the subject of indigent support was first raised, he had thought it was a reasonable approach but had subsequently discussed the issue with Municipal Court Judge Wayne Allen, who had some concerns about the precedent set by the concept. He recommended that City Manager Ruiz invite input from the judge. Councilor Clark recalled that he had been willing to add elimination of the pre- hearing exclusions as an amendment and indicated he would offer that as a part of the motion that was eventually placed before the council. Councilor Zelenka clarified that he was not proposing that the City provide those who received an exclusion order with legal counsel, but rather that they be provided with an advocate. City Manager Ruiz confirmed there was a difference between legal counsel and such advocacy. He said that staff would not be comfortable with the precedent set by the provision of legal counsel but were comfortable with the provision of an advocate. Councilor Zelenka envisioned that advocates would provide those who received exclusions with information about the process and the choices they faced, but would not provide legal advice. He acknowledged Judge Allen's concerns about the potential that a person facing exclusion could receive inaccurate legal advice from an advocate. Police Chief Kerns concurred with Councilor Zelenka's remarks, adding that an advocate would be primarily concerned with the welfare of the person facing the exclusion hearing. Councilor Ortiz was prepared to support the DPSZ with the amendments contemplated. She spoke to the advocacy element, recalling that when the prostitution zone had been established, the City's Human Rights Support System advocates had worked with the prostitutes who had been arrested. She suggested that any advocacy program could be extended to assist those who approached the Police Auditor's Office for assistance but found that the office could not advocate for them because she believed that represented a service gap. She believed people were frequently challenged by the complexity of the system and needed assistance to navigate it. Councilor Solomon said she would expect the council to appropriate an equal amount to fund victims' assistance program if a motion funding advocate services was to pass. Councilor Clark questioned what the City's liability would be if an advocate were to offer someone facing exclusion with legal advice. Councilor Poling agreed with Councilor Solomon's remarks about funding for victim's assistance. Councilor Ortiz supported a volunteer approach to advocacy services but pointed out that frequently such systems lacked consistency. Someone who was paid could be trained more precisely in the duties and skills of an advocate. She wanted to ensure any advocacy training was consistent and that it remained within the parameters of advocacy. She suggested the City partner with a social service agency to provide such services. Councilor Ortiz said the program could be modeled on such programs as the court program MINUTES— Eugene City Council November 22, 2010 Page 3 Regular Meeting