HomeMy WebLinkAboutItem A: Law Enforce.Uniform StdEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Work Session: An Ordinance Concerning Standards for Police Uniforms; Adding
Section 2.665 to the Eugene Code, 1971; and Providing for an Effective Date
Meeting Date: May 11, 2005 Agenda Item Number: A
Department: Eugene Police Department Staff Contact: Jeannine Parisi
www. cl. eugene, or. us Contact Telephone Number: 541-682-5852
ISSUE STATEMENT
The Police Commission has requested a work session with City Council to discuss a proposed ordinance
to the Eugene Code to set standards for police uniforms. This would add Section 2.665 to the Eugene
Code, 1971 and provide an effective date for the ordinance.
BACKGROUND
The purpose of the police uniform is to ensure that the officer is easily identifiable to the public and
other law enforcement personnel. Police uniforms standardize officers' appearance to convey a sense of
authority, professionalism and trust to the public. Uniform color, style, badges and other insignia vary
among agencies to reflect the culture of the organization and the community it serves and to establish an
identity unique to that organization.
Within any community multiple agencies may exist whose uniformed personnel have varying levels of
enforcement and/or legal authority. These can include State, County and local law enforcement
agencies, college campus security, and private security services. When other agencies wear uniforms
that closely resemble those worn by sworn police officers, civilians may misperceive which agency they
are interacting with (particularly since such contacts can cause heightened anxiety in people).
Individuals may have problems with follow-up questions or concerns after an interaction with law
enforcement or security firms if they cannot easily determine the agency with which they have been in
contact. The safety of non-sworn uniformed personnel is another concern. In situations where multiple
police/security agencies are involved, law enforcement personnel may not be able to distinguish their
colleagues from other uniformed personnel, particularly at night. As these employees are not authorized
to carry a firearm, if they are mistaken for a law enforcement officer by a hostile suspect they could be
at serious risk of injury or death if unable to defend themselves.
In April 2004, a Police Commission task group was convened to explore options to ensure that Eugene
Police officers are easily distinguishable from other public safety agencies in Eugene, campus security
and private security employees. An Internet search on the topic indicated that other cities have enacted
ordinances and/or state legislation to address this issue. There has been no prior City Council action on
the specific issue of police uniform standards, although there is existing city code that addresses
"criminal impersonation." The Police Commission believes that given the growth in the number and
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types of security firms in operation in Eugene, an ordinance designed to address standards for police
uniforms would be a proactive measure.
The committee presented a draft proposal to the Police Commission in June 2004. It was emphasized
that, if enacted, the ordinance would be complaint driven, e.g., there would be no obligation by the City
to review uniforms to ensure that they are distinguishable from those worn by Eugene police officers.
The committee met with the City Attorney and from that discussion learned that the proposed ordinance
could not be lawfully applied to the University of Oregon's public safety officers. As a result of that
discussion, the commission discussed adopting specific standards describing a police uniform into the
city's administrative rules with a delayed effective date to allow a reasonable amount of time for
affected companies to come into compliance with the ordinance.
The draft ordinance, Attachment A, was presented to the Police Commission in November 2004.
Although the ordinance may only apply to private security firms, the commission believes that an
ordinance will have value in preventing uniform similarities from causing confusion to the general
public during interactions. Discussion continues with the Department of Public Safety at the University
of Oregon (UO-DPS) regarding uniform similarities between UO-DPS and the Eugene Police.
No financial or resource considerations are anticipated for the City of Eugene. In order to hold the
public hearing while students are still in school at the University of Oregon, the proposed ordinance will
be posted for public review prior to the council work session.
State Senator and Police Commissioner, Floyd Prozanski, has introduced SB547 at the 2005 Oregon
Legislative Session to amend ORS 162.367 to help to address some of the issues regarding police
uniforms (see Attachment B). This legislation would address criminal impersonation of a peace officer
and specifically states:
"'Law enforcement uniform' means clothing bearing words such as 'police,' 'sheriff,' 'state
trooper,' or 'law enforcement,' or clothing that is an official uniform or substantially similar to
an official uniform of a law enforcement unit that would make it reasonably likely that a person
would believe that the wearer is a peace officer."
RELATED CITY POLICIES
During each legislative session, the council takes a position on all bills identified as important to the
City of Eugene. The council on April 21, 2005, took the position of Priority 2/support for SB547-A.
CO[INCIL OPTIONS
The council may choose to:
1. Proceed with the public hearing scheduled for May 23, 2005;
2. Make no changes to the Eugene Code concerning Police Uniform Standards;
3. Identify additional modifications to the draft ordinance that staff should address prior to a public
hearing.
On May 4, 2004, the Police Commission task group held a forum to convey its concerns about
police uniform similarities, explain its proposed solution, and solicit feedback on the concept.
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Private security agencies, armored car services and campus security officials were invited to the
meeting. Feedback from attendees followed several common themes, including:
- Non-sworn officers and security providers need to convey a professional appearance and
establish a command presence to be effective, but there is no desire to emulate police.
- Due to reduced police services and public demand, the role distinction between police
and security has blurred. There is an innate level of risk to security officers particularly as
they move towards more enforcement activities.
- Concerns about financial impacts if uniforms changes are necessary. (Who decides what
is "too close" in resemblance; what ifEPD changes its uniforms?)
- The public, particularly if in a crisis situation, often confuses security and police and will
continue to do so despite any changes to police uniforms.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends that the council proceed with the May 23, 2005, public hearing on this
item.
SUGGESTED MOTION
No motion is necessary as this is a work session.
ATTACHMENTS
A. Proposed Ordinance 2.665
B. Senate Bill 547-A, 2005 Regular Session of Oregon Legislative Assembly
FOR MORE INFORMATION
Staff Contact: Jeannine Parisi
Telephone: 541-682-5852
Staff E-Mail: j eannine.parisi~ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE CONCERNING STANDARDS FOR POLICE
UNIFORMS; ADDING SECTION 2.665 TO THE EUGENE CODE, 1971;
AND PROVIDING FOR AN EFFECTIVE DATE.
The City of Eugene does ordain as follows:
Section 1. Section 2.665 of the Eugene Code, 1971, is added to provide:
2.665 Police Department- Use of Police Uniform.
(1) No person other than a City of Eugene police officer shall wear or
use, or authorize the wearing or use of, a uniform that is
substantially similar to the official sworn officer's uniform. For
purposes of this section:
(a) "Official sworn officer's uniform" means the style and color
of uniform authorized by the city manager or designee for
use by sworn officers in the Eugene Police Department, and it
includes the associated equipment and badge, star or
insignia worn or carried by those officers; and
(b) A uniform is "substantially similar to the official sworn
officer's uniform" if it is reasonably likely that a citizen will
believe the person wearing the uniform is a sworn officer in
the Eugene Police Department.
(2) The prohibition in subsection (1) of this section does not apply to
police officers as defined in ORS 181.610(14)(2003).
(3) The city manager shall adopt rules pursuant to section 2.019 of
this code:
(a) Defining the color or colors, design, identifying insignia,
badge, standard equipment and other features that constitute
the official sworn officer's uniform; and
(b) Defining the combination or combinations of features of the
official sworn officer's uniform that, if duplicated or
substantially duplicated in another uniform, would render the
other uniform substantially similar to the official sworn
officer's uniform.
(4) ff the city modifies the official sworn officer's uniform,
amendments to the rules described in subsection (3) of this
section shall provide a reasonable time to come into compliance
for persons who, as of the date of any amendment to the rules, are
required as part of their employment to wear a uniform that is
substantially similar to the official sworn officer's uniform as
modified.
Ordinance- 1
ATTACHMENT A
(5) In developing the rules described in subsections (3) and (4) of this
section, the city manager or designee shall consult with other
public safety agencies and with private security companies.
(6) Upon a determination by the city manager or designee that a
person has violated the provisions of this section, the city
manager or designee may impose an administrative civil penalty
as provided in section 2.018 of this code.
Section 2. The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended or repealed herein.
Section 3. Notwithstanding the effective date of ordinances as provided in the
Eugene Charter of 2002, subsection (1) of Section 2.665 of the Eugene Code, 1971,
shall become effective on January 1, 2006.
Passed by the City Council this Approved by the Mayor this
~ day of ,2005. ~ day of ., 2005.
City Recorder Mayor
Ordinance - 2
ATTACHMENT B
73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
NOTE: Matter within { + braces and plus signs + } in an amended section
is new. Matter within { - braces and minus signs - } is existing law to
be omitted. New sections are within { + braces and plus signs + }
LC 1758
A-Engrossed
Senate Bill 547
Ordered by the Senate March 17
Including Senate Amendments dated March 17
Sponsored by Senator PROZANSKI; Representatives BARKER, KRIEGER, OLSON (at the request of Eugene Police Commission)
SUMMARY
The following summary is not prepared by the sponsors of the measure and
is not a part of the body thereof subject to consideration by the
Legislative Assembly. It is an editor's brief statement of the essential
features of the measure.
Expands crime of criminal impersonation of peace officer to prohibit
wearing law enforcement uniform { - to deceive others in commission of
crime - } { + with intent to obtain benefit or to injure or defraud
another person + }.
A BILL FOR AN ACT
Relating to criminal impersonation; amending ORS 162.367. Be It Enacted
by the People of the State of Oregon:
SECTION 1. ORS 162.367 is amended to read:
162.367. (1) A person commits the crime of criminal impersonation of a
peace officer if the person { + , with the intent to obtain a benefit or
to injure or defraud another person, + } uses false law enforcement
identification { + or wears a law enforcement uniform to give the
impression that the person is a peace officer and does an act in that
assumed character + } { - in the commission of an offense - }
(2) Criminal impersonation of a peace officer is a Class C felony.
(3) As used in this section { - , - } { + : + } { + (a) + } 'False
law enforcement identification' means a badge or an identification card
that:
{ - (a) - } { + (A) + } Identifies the possessor of the badge or
card as a member of a law enforcement unit; and { - (b) - } { + (B)
+ } Was not lawfully issued to the possessor by the law enforcement unit.
{ + (b) 'Law enforcement uniform' means clothing bearing words such as
'police,' 'sheriff,' 'state trooper' or 'law enforcement,' or clothing
that is an official uniform or substantially similar to an official
uniform of a law enforcement unit that would make it reasonably likely
that a person would believe that the wearer is a peace officer. + }