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HomeMy WebLinkAboutItem 7: Ordinance on Citation Authority of UO Dept of Public Safety ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Adoption of 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: November 9, 2009 Agenda Item Number: 7 Department: Eugene Police Department Staff Contact: A/Captain Richard Stronach www.eugene-or.gov Contact Telephone Number: 541-682-5252 ISSUE STATEMENT This is an opportunity for the City Council to take action 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 item is before the council so that University public safety officers commissioned under ORS 352.385 can issue citations found in the Eugene Code that will be directed to the Eugene Municipal Court. UO/DPS officers already have authority to issue certain citations under provisions of the Oregon Revised Statutes and Oregon Administrative Rules, but Eugene must grant authority before citations can be issued for offenses included in the Eugene 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. 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 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 Z:\CMO\2009 Council Agendas\M091109\S0911097.doc 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. 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. Please see attachment B for a list of misdemeanor offenses from the Eugene Code. This attachment indicates those misdemeanors that may be considered for addition to the IGA between the UO and the City of Eugene due to their applicability to campus criminal behaviors and criminal activity. The University and EPD chose to schedule this amendment in the fall when students returned to campus rather than during the summer months. The council heard from a wide range of speakers at the public hearing who support this amendment, including: Emma Kalloway, ASUO president; Doug Tripp, Director of Public Safety, UO; Malcom Wilson from South University Neighbors Association; Phil Farrington, representing Peace Health and University District businesses; and Paul Shang, UO Assistant VP of Student Affairs and Dean of Students. The City Council has previously received a letter from UO Vice President of Finance and Administration Frances Dyke supporting the project. 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. At Councilman Zelenka’s request, please see attachment C - a copy of the current intergovernmental agreement between the UO and City of Eugene that has extended authority to UO/DPS to enforce violations occurring on University property. 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 The council has several options, including: A. Adopt the ordinance concerning University of Oregon Department of Public Safety citation authority. Z:\CMO\2009 Council Agendas\M091109\S0911097.doc B.Direct staff to amend the ordinance and schedule adoption for a later date. C.Take no further action. CITY MANAGER’S RECOMMENDATION The City Manager recommends Option A: adopt the ordinance concerning University of Oregon Department of Public Safety citation authority. SUGGESTED MOTION Move to adopt an ordinance concerning citation authority of University of Oregon Department of Public Safety and amending Section 4.035 of the Eugene Code, 1971 ATTACHMENTS A. Draft Ordinance to Amend Eugene Code 4.035 B. Eugene Code Potential Misdemeanor Citation Authority C. 2005 Intergovernmental Agreement between the University of Oregon and the City of Eugene 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\M091109\S0911097.doc 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 of this code the conduct observed constitutes a violation ; and (c) The city manager has approved an intergovernmental agreement specifying the sections of this with the University of Oregon 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 ATTACHMENT B Chapter 4 Offenses Eugene Code - Misdemeanors Eugene Code Description May Be Considered for the IGA Amendment NOISE MAKING 4.080 Noise Disturbance Yes 4.081 Repetition and Failure to Cease Yes ALCOHOL & DRUGS 4.110 Sales, etc. to certain persons prohibited Yes 4.145 Misrepresentation of age by minor 4.190 Consumption/Possession in Unlicensed Yes Public Place Prohibited (open container) ANIMAL REGULATIONS 4.335 Animal Abuse 4.340 Animal Neglect 4.500 Interference with a Police animal MORALS & PUBLIC CONDUCT 4.705 Offensive physical contact prohibited 4.707 Pedestrians Yes 4.710 Telephonic harassment Yes 4.725 Disorderly conduct Yes 4.726 Harassment Yes 4.728 Recklessly Endangering another person Yes 4.729 Assault Yes 4.730 Menacing Yes 4.731 Intimidation in the second degree Yes 4.745 Prostitution PROPERTY 4.780 Criminal Mischief in the third degree Yes 4.782 Criminal Mischief in the second degree Yes 4.806 Criminal Trespass in second degree by a guest 4.807 Criminal Trespass in second degree Yes 4.808 Criminal Trespass in first degree Yes 4.809 Criminal Trespass while in possession of a firearm 4.810 Criminal Trespass at a sports event 4.812 Violating privacy of another Yes 4.820 Petty Larceny 4.822 Theft Yes 4.825(1,2) Shoplifting in second and first degree Yes Eugene Code Description Related to University Issues DOWNTOWN PUBLIC SAFETY ZONE 4.879 Violation of DPSZ Restrictions MISC. 4.880 Possession of a Burglary Tool or Theft Device Yes 4.882 Unlawful Entry into a Motor Vehicle Yes 4.887 Carrying of Concealed Weapon Yes 4.888 Unlawful Possession of Firearms 4.904 Improper Use of Emergency Telephone System 4.905 Initiating a False Report 4.906 Giving False Information to a Peace Officer Yes for a Citation 4.907 Interfering with a Police Officer 4.908 False Swearing 4.910 Resisting Arrest 4.912 Hindering Prosecution Yes 4.920 Criminal Impersonation 4.922 Failure to Report as a sex offender 4.930(1,2) Theft of services third degree Yes 4.941 Interference with a Firefighter or EMT 4.942 Obstructing Governmental or Judicial Administration 4.943 Tampering with physical evidence Yes 4.977 Interfering with public transportation