HomeMy WebLinkAboutItem 2D: Approval to Schedule PH on UO Citation Authority
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.
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RELATED CITY POLICIES
The City of Eugene has previously granted authority to the University of Oregon’s Department of Public
Safety officers to enforce certain municipal violations if there is cause for them to do so, including some
violations for which there are no comparable offenses under State law, such as violation of the City’s
noise ordinance. Although granting such authority for municipal violations is not a common practice,
the City of Eugene has also previously extended enforcement authority to Lane County Animal
Regulation to enforce municipal code violations regarding animal offenses.
The City Council has two vision statements that are reflected in this proposal: Safe Community – a
community where people feel safe, valued and welcome; and Effective, Accountable Municipal
Government – a government that works openly, collaboratively, and fairly with the community to
achieve measurable and positive outcomes.
COUNCIL OPTIONS
The City Council has these options:
1.Schedule a public hearing on the proposed amendment to EC 4.035 – Citation Authority of UO
Department of Public Safety Officers for October 19, 2009.
2.Schedule a public hearing on the proposed amendment to EC 4.035 – Citation Authority of UO
Department of Public Safety Officers for another date.
3.Decline to schedule a public hearing on the proposal at this time.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends scheduling a public hearing on the proposed amendment to EC 4.035 –
Citation Authority of UO Department of Public Safety Officers for October 19, 2009.
SUGGESTED MOTION
Move to set a public hearing date on October 19, 2009, for consideration of the proposal to amendment
Eugene Code 4.035 – Citation Authority of UO Department of Public Safety Officers.
ATTACHMENTS
A. Draft Ordinance to Amend Eugene Code 4.035
FOR MORE INFORMATION
Staff Contact: Linda Phelps
Telephone: 541-682-6308
Staff E-Mail: linda.m.phelps@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. _____
AN ORDINANCE CONCERNING CITATION AUTHORITY OF UNIVERSITY OF
OREGON DEPARTMENT OF PUBLIC SAFETY AND AMENDING SECTION
4.035 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1
. Section 4.035 of the Eugene Code, 1971, is amended to provide as follows:
4.035Department of Public Safety of University of Oregon – Citation Authority.
[(1)]
Public safety officers of the University of Oregon are authorized to issue
citations for violations of this code if:
(a) The violation occurs on University of Oregon property in the presence of
the public safety officer;
(b) The public safety officer has reasonable grounds to believe that the
conduct observed constitutes a violation of this code; and
(c) The city manager has approved an intergovernmental agreement with
the University of Oregon specifying the sections of this code for
which citations may be issued to persons allegedly in violation of
the section and containing such terms as the city manager determines
are appropriate.
[(2)
As used in this section, ‘"violation” means an act made unlawful by this code
that is punishable by a fine but not punishable by a term of imprisonment. A
“violation” may carry a penalty of punishment in addition to a fine as long as
the punishment does not include a term of imprisonment.]
Section 2
. The City Recorder, at the request of, or with the consent of the City
Attorney, is authorized to administratively correct any reference errors contained herein, or in
other provisions of the Eugene Code, 1917, to the provisions added, amended or repealed
herein.
Passed by the City Council this Approved by the Mayor this
____ day of _____________, 2009 ____ day of ____________, 2009
________________________________ ________________________________
City Recorder Mayor
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