Item 2D: Approval to Schedule PH on UO Citation Authority

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Call for Public Hearing on Amendment to EC 4.035 – Citation Authority of University of Oregon Department of Public Safety Officers Meeting Date: September 28, 2009 Agenda Item Number: 2D Department: Police Staff Contact: Pete Kerns, Chief of Police www.eugene-or.gov Contact Telephone Number: 541-682-5102 ISSUE STATEMENT This item is a call for a public hearing on amendments to Eugene Code 4.035, which provides citation authority to University of Oregon Department of Public Safety officers to enforce sections of the Eugene Code. The City Council is asked to set the public hearing date on October 19, 2009. BACKGROUND In 2003, the Eugene City Council adopted (EC 4.035), which permitted University of Oregon’s Department of Public Safety (UO/DPS) officers to issue citations for offenses of the Eugene Code punishable as a violation when those crimes accorded on University of Oregon property in the presence of the public safety officer. This eliminated the need for a Eugene police officer to respond every time a UO/DPS officer witnessed the applicable violations. (“Violations” were defined in 4.035 of the Eugene Code as “an act made unlawful by the code that is punishable by a fine but not punishable to a term of imprisonment.”) This process has worked well over the last six years. However, at this point UO/DPS conducts a considerable number of investigations where the involved violation of the City Code is a misdemeanor crime, thus requiring a Eugene police officer to respond and issue a citation to the offender. In these cases, UO/DPS prepares reports documenting the elements of the crime, and the involvement of the Eugene police officer is most often to simply issue the citation. Over the last year, the Eugene Police Department (EPD) has worked with the University of Oregon’s Department of Public Safety to identify efficiencies in mutual service delivery systems. As a result of these efforts, EPD believes an amendment to the Eugene Code allowing University of Oregon’s Department of Public Safety (UO/DPS) officers to issue citations for certain additional crimes contained in the Eugene Code would be an important step toward streamlining services and improving Eugene’s organizational efficiency. A memorandum was sent from then Interim Chief Kerns to the Mayor and City Council in August introducing this proposed change to the Eugene Code. Attachment A provides a draft ordinance amendment to the Eugene Code that would permit the granting of authority to UO/DPS officers that is necessary before they are permitted to cite individuals for misdemeanors. Z:\CMO\2009 Council Agendas\M090928\S0909282D.doc