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HomeMy WebLinkAboutCC Minutes - 03/09/05 WS MINUTES Eugene City Council Work Session Council Chamber--City Hall March 9, 2005 Noon COUNCILORS PRESENT: George Poling, Jennifer Solomon, Betty Taylor, David Kelly, Gary Pap~, Bonny Bettman, Andrea Ortiz, Chris Pryor. Mayor Kitty Piercy called the work session of the Eugene City Council to order. Ms. Taylor, seconded by Mr. Kelly, moved to reconsider to authorize City staff to lobby against any proposed legislation that would weaken or eliminate any of the powers of the City with respect to the formation or establishment of any special district whose territory would overlap land within the boundaries of the City or its UGB. The vote on the motion was a 4:4 tie; Mr. Kelly, Ms. Bettman, Ms. Ortiz, and Ms. Taylor voting yes, and Mr. Pap~, Mr. Poling, Ms. Solomon, and Mr. Pryor voting no. Mayor Piercy cast a vote in support of the motion, and it passed on a final vote of 5:4. Mr. Pap~, seconded by Ms. Solomon, moved that the City Council refer this matter to the Council Committee on Intergovernmental Relations (CCIGR) as there was no immediate action required. Ms. Bettman pointed out that a council motion that opposed a particular position on special districts sent a strong message to the State Legislature, as it was its position to take the cities out of the process of determining whether special districts occur. Mr. Pap~ reasoned that if the issue required immediate attention, the council could take a pro-active position. However, he pointed out that a hurried process was not necessary in this particular case as the legislature has yet to form a committee to debate the issue. The vote on the motion was a 4:4 tie; Mr. Kelly, Ms. Bettman, Ms. Ortiz, and Ms. Taylor voting no, and Mr. Pap~, Mr. Poling, Ms. Solomon, and Mr. Pryor voting yes. Mayor Piercy cast a vote in opposition to the motion, and it failed on a final vote of 5:4. A. WORK SESSION: Police Executive Research Forum (PERF) and International City Managers Association (ICMA) Report on Selected Police Operations City Manager Dennis Taylor quoted a conclusion of the report about to be presented: "Out of crisis comes opportunity." MINUTES--Eugene City Council March 9, 2005 Page 1 Work Session City Manager Taylor explained that the entire community was affected by the recent actions of two police officers who devastated the reputation of the Eugene Police Department (EPD). He explained that the ultimate goal of the City was to restore the level of confidence and trust between the department and the community it served. City Manager Taylor opined that the report provided a solid roadmap to achieve that goal. He went on to note that the report concludes that the department has some problems but was fundamentally sound. City Manager Taylor reported he had directed the Police Chief and Human Resource and Risk Services Director to provide his office with an action plan and timeline to implement the recommendations contained in the report by May 1. In mm, he reported that the plan will be incorporated into the ongoing work of the Police Commission, which will include input from community partners and the public. In conclusion, City Manager Taylor voiced his hope that the City will commit itself to making the investment necessary to restore the integrity of and instill a sense of trust and confidence in the EPD. City Manager Taylor introduced Mosi Kitwana, Director, Research and Development of the ICMA. Mr. Kitwana voiced his appreciation to the council for inviting him and his colleagues to present the report. He stated that the entire focus of ICMA was to improve communities through management, specifically to provide a roadmap to improve police community relations and police department management. Mr. Kitwana concluded that PERF was a partner in the report with a focus strictly on the EPD management. Mr. Kitwana formally presented the Management Review of the Eugene Police Department to City Manager Taylor, who in turn presented it to Mayor Piercy. Mr. Kitwana proceeded to introduce the team involved in this creation of the report: ICMA Team Dr. Gayle A. H. Fisher Stewart, Team Leader, Private Consultant Leonard A. Matarese, Commissioner of Human Resources/City of Buffalo, NY Rodney C. Brown, CEO, Public Safety Liability Management, Inc. Dave Mora, City Manager, City of Salinas, CA (not present) PERF Team Dr. Tory Caeti, Director of Management Services Tony Narr, Director Senior Management Institute for Police Dr. Gayle A. H. Fisher Stewart voiced her appreciation to all individuals who assisted the team with this project, particularly the citizens of Eugene and Dawna Miller, Executive Assistant to the City Manager. She stressed that without the assistance of those individuals, the report could not have moved forward. Dr. Fisher Stewart referred to IV. ISSUES, outlined on pages 13 through 15 of the report. She reiterated that fundamentally, the City of Eugene has a sound police department; however, there were some problems, not unlike all police departments throughout the United States, and a few individuals have cast disrespect over the entire department. Dr. Fisher Stewart referred to II. Methodology, as noted on pages 3 through 6 of the report, the methods that were utilized to create the report: MINUTES--Eugene City Council March 9, 2005 Page 2 Work Session · focus groups · personal interviews · phone interviews · document review · City Council and Police Commission meetings · media and other news releases · toll-free telephone line for citizens to express their views about the department and offer recommendations Dr. Fisher Stewart stated there were 57 recommendations (must do) and 12 advisories (reminders) listed in the report. She said these components were in three broad categories: Police/Community Relations, Governance, and Police Management Procedures and Practices. She noted that ICMA was responsible for the former two categories; PERF was responsible for the latter. Dr. Fisher Stewart referred to previous recommendations that were the outcome of a 1997 study of the EPD and its practices and were listed on pages 9 and 10 of the report. She pointed out that almost all of these recommendations continue to be valid today. Dr. Fisher Stewart questioned if the current report would have been necessary if those recommendations had been implemented earlier. Dr. Fisher Stewart referred to the over-arching recommendation that was listed on page 16 of the report: The review team strongly recommends that the City of Eugene contract this efibrt to someone from outside the City whose so&job is to oversee this transformation process. Dr. Fisher Stewart strongly emphasized the fact that the team did not receive input from a critical mass of the people of Eugene as it formed its conclusions and noted it was vital as the process moves forward that input from the "grass roots" of the community be tapped. Dr. Fisher Stewart pointed to the Mayor's one- on-one meetings and the Police Commission and the Human Rights Commission forums as formats which were adept in bringing people into the process. She stressed that there needs to be a concerted effort to provide an opportunity for community members to be heard and responded to, and to ensure that facts were put out to the community-at-large. Dr. Fisher Stewart pointed out that much of the information received from the community were perceptions. Dr. Fisher Stewart stated that the City needed to determine community expectations for community policing and fully implement that model. She conceded that community policing was difficult and must be tailored to Eugene. Dr. Fisher Stewart also stressed that transparency must be achieved within the community policing model. Dr. Fisher Stewart stated that the report recommended an external review board be implemented and that it not become another bureaucratic layer. She said that with the implementation of such a board, resources must be available to process complaints on a timely basis so as not to create additional problems and ineffectiveness. Dr. Fisher Stewart said that the complaint process should also be less threatening than it currently was, and she referred to the following statement which appears on page 21, Recommendation No. 5 of the report: The department routinely checks the police records of the people with whom we have contact, including people who file complaints. Ifa police officer has contact with you and is aware o fa warrant, he/she is legally compelled to arrest you. However, we do not want this to prevent you from MINUTES--Eugene City Council March 9, 2005 Page 3 Work Session giving us feedback. If you have an outstanding warrant, please clear it with the Court. She opined that such a statement can have a negative response from the community and therefore the team suggested it be removed from the EPD website. Dr. Fisher Stewart turned to the strategic plan component. She noted that a strategic plan was critical in managing change and forecasting needs. Dr. Fisher Stewart encouraged the EPD and the City Council to develop an integrated/multi-use strategic plan that will serve as a living document. In conclusion, Dr. Fisher Stewart stated that the City needed to ensure that the Police Commission and the Human Rights Commission were in line with policy that points to the managerial framework of the City. She noted that there was a perception within the community that those bodies were too involved in the management of the EPD as opposed to acting as an advisory body. Dr. Tory Caeti acknowledged the access the EPD provided to the team as it went about its work and specifically thanked Captain Steve Swenson for his participation and cooperation. Dr. Caeti noted that many of the recommendations put forth by the team have already been implemented by the City and the EPD. In reference to police management, Dr. Caeti stated that it was critical to update the Hobson Report and review current allocation levels within the City. Dr. Caeti spoke of an overarching recommendation, recruitment, training, and selection, which requires a budgetary investment to ensure the City attracted first-rate individuals to the department. He noted that municipalities achieve excellent results when candidates seek them out rather than the other way around. Dr. Caeti turned to training practices and revealed that employees of the EPD consistently requested a greater investment in supervisory training. He noted there were myriad training academies throughout the country that could be utilized to foster leadership dimensions. Dr. Caeti referred to the complaint process. He noted that timelines had been inconsistent in the past; however, he acknowledged that the procedures have now been improved. Dr. Caeti said '~transparency" within that process was crucial in order to communicate clear and concise facts to the community. He further remarked that internal transparency was also vital to achieve a healthy department and opined that Chief Lehner was working to ensure that goal. Dr. Caeti referred to the security of EPD records and voiced his understanding that there was now limited access to those records and they do not now leave the Records Office. Dr. Caeti spoke about leadership. He said that leadership needs to be fostered from the moment of hire into the academy so that as officers were put into positions of authority, that authority will be used appropri- ately. Dr. Caeti stressed that all police departments need a clear mission, clear values, and an integration of ethics training to groom and retain true leadership. Dr. Caeti turned to the benefits of community policing and the side effects of the mission expansion that occurs with such a program, especially at the rank of sergeant. He explained that sergeants invariable have less ability to be in the field to supervise officer activity and provide feedback when there was a community MINUTES--Eugene City Council March 9, 2005 Page 4 Work Session policing model in force. Dr. Caeti also referred to performance evaluations and opined that in order to make evaluations effective, field supervisors need to be present in the field. He shared that input from the EPD revealed that internal responsibilities along with commitments to community organizations curtail that key element to effective policing. Consequently, Dr. Caeti announced that the report recommends a watch commander position be reestablished for the late-night hours; additionally, the department should make a concerted effort to put the sergeants back out in the field. Dr. Caeti turned to human resource issues such as discipline, performance evaluations, promotions, transfers, and internal affairs. He said the general recommendation crafted by the team spelled out the need for ;;redefinition" and ;;refinement" of the relationship between the EPD and the human resource function. Dr. Caeti noted that several steps had already been implemented to clarify the process; however, it must also be well-defined prior to the recruitment, training, selection, and discipline processes. In addition, he stated that the evaluation process needed to feed back into the promotional process and in general be utilized in a more effective way. In conclusion, Dr. Caeti turned once again to the complaint process and recognized the changes that have occurred, i.e., all complaints were now tracked. He explained that tracking provides a paper trail which reveals patterns of officer conduct. Dr. Caeti stated that the team recommended (1) that the Internal Affairs Unit be led by a captain-level officer, (2) that all investigative staff receive comprehensive training on how to conduct investigations, and (3) that the process be completely transparent to the EPD and the City. Mayor Piercy thanked the presenters for an excellent presentation and called on the council for questions and comments. Mr. Kelly referred to the Action Plan and questioned the Police Commission's role in that plan. City Manager Taylor explained that the commission was currently conducting a comprehensive analysis of implementing an external review board and that report is due later in the year. Mr. Kelly questioned if the Police Commission and/or the Human Rights Commission will be involved in the implementation of the recommendations. Leonard Matarese replied that policy must be driven by the City Council and it was up to that body to determine what role the two commissions will play in this process. He stressed that the council was the final decision-maker with regard to all City policies. Mr. Pap~ referred to page 13 of the report, Issue No. 1, which stated the EPD was fundamentally sound and that the current problems were easily correctable. Mr. Matarese indicated that the EPD was one of the best departments in the United States, and the %risis" referred to was one of expectations. He went on to say that the team was impressed that the council and the community have taken such a key interest in improving the level of performance within the EPD. Mr. Pap~ remarked that the term %risis" may not have been the best choice of words when writing this report. Mr. Pap~ voiced his concern that the City's job descriptions may not be accurate and additionally that all City employees may not be receiving annual performance reviews. He opined that if there was improvement to be made in those areas, it should be done quickly to ensure this critical management practice was well- instilled within all departments. Mayor Piercy spoke to the council's strategic goals, which listed this particular goal as a priority. MINUTES--Eugene City Council March 9, 2005 Page 5 Work Session Ms. Bettman observed the amount of work that was before the council as it responded to this report. She spoke to the "crisis" that was only relevant to the expectations of the community and questioned what the characteristics of a department should be to attract excellent candidates. Tony Narr responded that the entire recruitment initiative must be one that fully informed the public what the department has to offer. He conceded that such a plan required a budget and a business plan to attract the finest candidates. Mr. Narr spoke of the exemplary plan that has been implemented by the Lakewood, Colorado Police Department. He said that the recruitment process required that all candidates possess a college degree and due to the careful selective process, it was a more attractive department to seek out. Mr. Narr shared that of the approxi- mately 200 officers hired by that department, 56 have gone on to be police chiefs in other municipalities Ms. Bettman spoke of the recent criminal activity that has occurred within the department and questioned how this activity occurred. Dr. Caeti responded that the team was not able to determine if these unfortunate actions could have been stalled earlier in the process as there was not one reasonable answer for an individual to do these acts over a period of time and not be discovered. He pointed out that invariably when an officer was in the field, he or she was alone. Dr. Caeti stressed that corruption was not an element of the EPD; however, he conceded that field supervision may not have revealed this practice. He opined that in-car cameras can offset such activity, early-warning systems can reveal trends, and the building of the culture of integrity in the recruitment/training processes was key. In conclusion, Dr. Caeti stated that fostering potential candidates at an early age within the school systems was also important. Mr. Narr spoke to the rise in popularity of early warning systems. He explained that in a non-disciplinary way, this system was a measure of officer trends and over a period of time can flag the need for supervisory assistance to an officer. Ms. Bettman revealed that the Police Commission was currently discussing the possible implementation of such a system. Mr. Pryor referred to the report and observed that the recommendations were a beginning for the council and the community. He noted that 48 recommendations were operational to the EPD, and the first 9 recommen- dations were policy-related and the responsibility of the council. Mr. Pryor stressed that a strategic plan will provide the basis for departments to build their own plans. Mr. Poling thanked the team for its exemplary effort and also the community for its willingness to participate in the project. He also thanked the officers of the department for their openness and willingness to improve the image of the EPD. Mr. Poling stressed that the problems within the department were caused by a few officers which unfortunately tainted the entire department. He noted that the council, the City Manager, the Police Chief, and the Police Commission now have the tools to move forward to address the issues at hand. Ms. Ortiz thanked all participants who helped create the report. She referred to the recommendations put forth in 1997 and voiced her disappointment that they were not acted upon. Ms. Ortiz questioned if the City be in the position it was in today had they been implemented. She voiced her commitment to the recommen- dations that were now before the council. Ms. Ortiz also voiced her concern that the standardization of evaluations has not occurred throughout the City. City Manager Taylor conceded that the work before this body was daunting but will be accomplished. He said that the issues of the EPD deserve a high-priority level of community, City Council, and management attention and the report provided the foundation to take on this responsibility. He stressed that the council MINUTES--Eugene City Council March 9, 2005 Page 6 Work Session "owned" this issue and now has the opportunity to move forward to a culture of integrity. Mr. Kelly agreed that the EPD was fundamentally sound and complimented Chief Lehner for the work he has accomplished in his short tenure; however, he opined that the problems within the department go beyond a few individuals. He stressed that the policy recommendations before the council must be taken seriously; however, he pointed out that when the council has attempted to address department issues in the past, it was discouraged with the reasoning that such concerns were operational and not the council's concern. Mr. Kelly asked if other jurisdictions can be studied to ascertain if their adopted City Council policy provided a framework for a department to operate on. Mr. Matarese responded that the City Manager can provide the council with the information requested. He referred to the point posed by Mr. Kelly and noted that the City Council, meeting as a body, can certainly ask specific questions about the operations of a department and expect to receive a reply. Mr. Matarese shared that City Manager Taylor expected to be held accountable for implementation of the council's policies and procedures and would not object to such questions. Mr. Matarese added that there was a misconception within the community as to how the council/manager form of government operated, and stressed it was the responsibility of the council to ask such questions. He stressed, however, that council members cannot act individually in such a responsible role with department heads and subordinates. Mr. Matarese reiterated that the council needs to %tep up to the plate" with more regularity and ask the hard questions that need to be asked to ascertain that the administration was accomplishing the policies laid out. Mr. Kelly concurred that additional community input was critical to this process. He pointed out, however, that some community members will not come forward if they do not feel their concerns will be heard and responded to. In conclusion, Mr. Kelly stated that the recommendation to hire an independent consultant was critical to the process and requested that this component be addressed within the budget process. Mr. Pap~ referred to the comments made by Mr. Pryor and noted that the City was "all in this together." He pointed out however that the council cannot operate the EPD; rather, it delegates such authority. At the same time, Mr. Pap~ stressed it is the council that is accountable for the performance of the EPD and, therefore, implementation of the recommendations the council deemed justified was critical. City Manager Taylor concurred and reiterated that the governance of this community rests with elected officials and the leadership team and assured that progress will be made towards the implementation of the recommendations. Ms. Taylor questioned if a performance auditor may have prevented some of the recent problems which occurred within the EPD. Dr. Cacti opined that an auditor who observes the day-to-day operations does not assure that performance issues will be detected. He noted that the key to a successful policy was the action and follow up that occurs and the culture of integrity that exists within a department. Ms. Taylor observed that the auditor model was Portland is making good progress. Ms. Taylor referred to Recommendation 5 - Consider eliminating the statement that the department routinely checks the police records of the people with whom we have contact, including people who file complaints. She voiced concern with that recommendation, pointing out that many individuals who have problems with the EPD have not led a perfect life and do not want to take a chance that their records will be checked. Ms. Taylor suggested that the practice itself be eliminated. Mr. Narr pointed out that it was the responsibility of police officers to bring people to justice when circumstances require that. He elaborated that the team did not believe it was appropriate to include a warning that may discourage an individual from MINUTES--Eugene City Council March 9, 2005 Page 7 Work Session filing of a complaint. Ms. Bettman voiced her appreciation that a work session to discuss the recommendations in detail will be scheduled. She questioned if the community will have an opportunity to respond to the report. City Manager Taylor revealed that the report was on the EPD's Web site; additionally, action steps will include more specific strategies for community involvement and outreach. Ms. Bettman encouraged the City Manager to schedule a public hearing on the report during the month of April. The City Manager agreed to this request. Ms. Bettman voiced her approval that the upcoming strategic plan be overseen by an outside contractor and endorsed the recommendation that the EPD and the City hire an auditor to review resource issues. Mr. Poling, seconded by Ms. Solomon, moved to extend the work session by five minutes. The motion passed unanimously. Mr. Poling asked for a breakdown of the recommendations as follows: those that have been addressed, those in the process of being addressed, and those which require major attention. City Manager Taylor agreed that a ;;first impression" report can be provided to the council at its April 11 meeting. Mr. Pryor agreed that the council must own the entire report. Mr. Pap~ asked if the work of the Police Commission will dovetail with the actions taken by the council. City Manager Taylor pointed out that the report encompasses only a small portion of the issues associated with an affective, professional-standard accountability system that the Police Commission was currently analyzing. Chief Lehner reported that the strategic planning process currently underway was timed to coincide with several events. He said that the conclusions of the Police Commission's work that will be completed in mid- to late-summer or early-fall will provide for a planning process which will be delivered to the public in draft form and ultimately in final form to coincide with the 2007 budget process. Chief Lehner reported that the action plan he will deliver to the City Manager on May 1 will include components (such as an evaluation component) of the strategic plan which were subject to budget processes. Mayor Piercy thanked the team once again for its exemplary effort in providing this report. She turned to the community members and reiterated the commitment on the part of all parties to act upon this report. The meeting adjourned at 1:35 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Joyce Ogden) MINUTES--Eugene City Council March 9, 2005 Page 8 Work Session