Loading...
HomeMy WebLinkAboutItem 3: Ord.Police Uniform StdrEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: 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 23, 2005 Agenda Item Number: 3 Department: Eugene Police Department Staff Contact: Jeannine Parisi www. cl. eugene, or. us Contact Telephone Number: 541-682-5852 ISSUE STATEMENT This is a public hearing 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. The Eugene Police Commission became interested in the issue of police uniform standards after it heard from a commission member about incidents that occurred during his ride-a-longs with police and from public testimony attesting to confusion between the uniforms of the police department (EPD) and the Department of Public Safety at the University of Oregon. When other agencies wear uniforms that closely resemble those worn by sworn police officers, civilians may misperceive the agency with whom they are interacting and may have problems with follow-up questions or concerns after the interaction if they cannot easily determine the agency with which they have been in contact. In situations where multiple police/security agencies are involved, the safety of non-sworn uniformed personnel is also a concern. Law enforcement personnel may not be able to distinguish their fellow officers from other uniformed personnel, particularly at night. If these non-sworn employees, who are not authorized to carry a firearm, 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 L:\CMO\2005 Council Agendas\M050523\S0505233.doc 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 types of security firms in operation in Eugene, an ordinance designed to address standards for police uniforms would be a proactive measure. Although the ordinance may only pertain to private security firms, and cannot be applied to the Department of Public Safety at the University of Oregon, the Police Commission believes that such an ordinance will have value in preventing uniform similarities from causing confusion to the general public. Discussion will continue with the Department of Public Safety at the University of Oregon (UO- DPS) regarding uniform similarities between UO-DPS and the Eugene Police. The Police Commission recommends that, if enacted, the ordinance 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. Consideration can be afforded to private companies that could be affected by this ordinance by providing a reasonable amount of time for affected companies to come into compliance with the ordinance. No financial or resource considerations are anticipated for the City of Eugene. Senate Bill 547-A, which was introduced by State Senator and Police Commissioner Floyd Prozanski, and would amend ORS 162.367 to address criminal impersonation of a peace officer, is still under consideration in the current session of the State Legislature. This bill 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. On April 21, 2005, the council took the position of Priority 2/Support for SB547-A which addresses, in part, issues around uniforms resembling law enforcement as to mislead the public. COUNCIL OPTIONS The council may choose to: 1. Take action on the proposed ordinance at the June 13, 2005, City Council meeting. 2. Direct staff to modify the proposed ordinance and bring the ordinance forward for action either at the June 13, 2005, meeting, or at a later date. 3. Take no further action on the proposed ordinance. 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. 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. L:\CMO\2005 Council Agendas\M050523\S0505233.doc - 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. - There are concerns about financial impacts if uniform changes are necessary (who decides what is "too close" in resemblance; what if EPD 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. All of the agencies present at the May 4, 2004, meeting, neighboring law enforcement agencies and the ASUO have been contacted about the proposed ordinance and were apprised of the work session and this public hearing. CITY MANAGER'S RECOMMENDATION The City Manager recommends that the City Council accept the proposed ordinance concerning setting standards for police uniforms; adding Section 2.665 to the Eugene Code, 1971, and providing an effective date for the ordinance and take action on the ordinance at the June 13, 2005 City Council meeting. S[IGGESTED MOTION No motion is necessary as this is a public hearing. ATTACHMENTS A. Proposed Ordinance 2.665 FOR MORE INFORMATION Staff Contact: Jeannine Parisi Telephone: 541-682-5852 Staff E-Mail: j eannine.parisi~ci.eugene.or.us L:\CMO\2005 Council Agendas\M050523\S0505233.doc 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