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Home My WebLink AboutItem 3: Ordinance on Citation Authority of UO DPS ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning Citation Authority of University of Oregon Department of Public Safety and Amending Section 4.035 of the Eugene Code, 1971 Meeting Date: October 19, 2009 Agenda Item Number: 3 Department: Police Staff Contact: A/Captain Richard Stronach www.eugene-or.gov Contact Telephone Number: 541-682-5252 ISSUE STATEMENT This is 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 amendments would permit Department of Public Safety officers to cite individuals for misdemeanors. BACKGROUND In 2003, the Eugene City Council adopted EC 4.035, which permits University of Oregon’s Department of Public Safety (UO/DPS) officers to issue citations for offenses of the Eugene Code (EC) punishable as a violation when those crimes occurred on UO 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 EC 4.035 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. Attachment C provides a summary of the citations issued by UO/DPS for the violations currently defined in the City Code. Today, UO/DPS conducts a considerable number of investigations where the involved violation is a misdemeanor crime, thus requiring a Eugene police officer to respond and issue a citation to the offender. Misdemeanors are crimes, not simply violations and persons convicted can potentially be sentenced to jail time as well as pay fines. In these cases, UO/DPS prepares a report 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 UO/DPS to identify efficiencies in our service delivery systems. As a result of these efforts, EPD believes an amendment to the EC 4.035 permitting UO/DPS officers to issue citations for misdemeanor crimes contained in the Code would be an important step toward streamlining services and improving Eugene’s organizational efficiency. Attachment C provides data regarding the number of citations issued in past years by EPD on UO property for offenses that would meet the criteria of this change to 4.035 of the Eugene Code. Beginning this fall, the University has reduced the Campus Unit contract with EPD from three police officer positions to one remaining officer. Responsibilities for this officer do not include call response as the primary job function; instead that position will focus on follow-up investigations. By providing UO/DPS officers the authority to issue citations for other crimes, EPD police officers will be freed from Z:\CMO\2009 Council Agendas\M091019\S0910193.doc assisting UO/DPS officers with essentially a clerical function. This will make Eugene’s officers available for calls for service elsewhere in the city. The ability to issue citations for these crimes will also free up the UO/DPS officers and offenders as it will not be necessary to detain the offender until a Eugene police officer is able to respond. It should be noted that this amendment to EC 4.035 only gives UO/DPS officers the authority to issue citations for crimes; they will not be transporting and lodging offenders. The University of Oregon is very interested in this process and has provided a letter from UO Vice President of Finance and Administration Frances Dyke, supporting the project (see Attachment B). The Eugene Municipal Court and the City Prosecutor have been engaged in discussions regarding the proposal and support the proposed amendment to EC 4.035. When citation authority was granted to the UO in 2003, an intergovernmental agreement (IGA) was established to identify the specific sections of the code for which citations could be issued. The proposed amendment would extend this authority to misdemeanors in the specific code sections as determined in the memorandum of agreement between the City and the UO that are within the lawful authority of UO/DPS public safety officers. The University and EPD chose to schedule this amendment in the fall when students returned to campus rather than during the summer months. Members of the Department of Public Safety met personally with the ASUO president Emma Kalloway and she voiced her support for the proposed changes to the code in a recent Register-Guard article. They also worked with the ASUO and the University, City of Eugene and neighborhood partners in the Good Neighborhood program in the near-campus areas. On October 12, 2009, Chief Tripp and staff met with the Residence Housing Association regarding the proposed expansion of citation authority for UO/DPS with favorable comments and support from that group. RELATED CITY POLICIES The City of Eugene has previously granted authority to the UO/DPS 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 This item is scheduled for public hearing only. CITY MANAGER’S RECOMMENDATION This item is scheduled for public hearing only. Staff will take questions after the hearing and provide responses in advance of the November 9, scheduled date of action. Z:\CMO\2009 Council Agendas\M091019\S0910193.doc SUGGESTED MOTION No motion is suggested as deliberation and action is currently scheduled for November 9, 2009. ATTACHMENTS A. Draft Ordinance to Amend Eugene Code 4.035 B. August 11, 2009 UO Letter of Support C. University of Oregon/Department of Public Safety Data FOR MORE INFORMATION Staff Contact: Linda Phelps, Police Planner Telephone: 541-682-6308 Staff E-Mail: linda.m.phelps@ci.eugene.or.us Z:\CMO\2009 Council Agendas\M091019\S0910193.doc 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. 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