HomeMy WebLinkAboutItem A - Police Commission Mtg.EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Work Session: Joint Meeting with Police Commission
Meeting Date: July 28, 2004 Agenda Item Number: A
Department: Eugene Police Staff Contact: Jeannine Parisi
www. cl. eugene, or. us Contact Telephone Number: 682-5852
AGENDA ITEM SUMMARY
This joint work session is scheduled for the City Council to review the Police Commission Fiscal Year
2003 Annual Report, and to provide an opportunity for discussion and approval of the Fiscal Year 2004
Police Commission Work Plan.
BACKGROUND
Council Action History
There has been no prior City Council action on this specific item. However, the City Council meets in
joint sessions with its standing committees to review annual work plans.
Policy Issues
There are no major policy issues associated with this item.
Council Goals
Not applicable.
Financial and/or Resource Considerations
If the council approves the proposed work plan, the Police Commission will focus almost exclusively on
conducting an extensive review of the police department's policies and procedures for handling and
investigating complaints, as well as on looking at different models of police oversight. With more
frequent or extended meetings and minimizing other work plan activities, staff estimates it will take
more than eighteen months to complete this project. The commission agreed that its analysis should be
available to the public in a shorter timeframe. Further, completing the project in a year's time would
better align the commission's recommendations with other internal police process reviews that will be
conducted.
To accomplish this work within the desired timeframe while maintaining a thorough and thoughtful
review and allowing sufficient opportunity for public comment and participation, the commission is
requesting additional funds to support its efforts. An amount not to exceed $70,000 is requested for the
following items:
1. Contract for professional services to research and compile information on civilian oversight models,
focusing on cities comparable to Eugene;
2. Additional staff support to the Police Commission, equivalent to a 0.5 FTE Program Specialist A;
L:\CMO\2004 Council Agendas\M040728\S040728A. doc
3. Travel/training for commission leadership and/or staff to research existing model programs and
procedures;
4. Materials and supplies for community outreach activities, and
5. A professional services contract to coordinate outreach activities in the Latino and Spanish-speaking
communities in order to solicit input on the complaint process and to share information on other
department initiatives, such as the new social security number policy.
The majority of the contingency request would fund the first two items (approximately $55,000) while
the remainder would support information collection for commissioners and dissemination out into the
community.
Other Background Information
Eugene Code requires that the Police Commission submit an annual work plan for City Council
approval that describes how the group will meet five outcomes:
1. Increase communications between the police and the community, leading to a greater understanding
of the preferred policing alternatives for the city;
2. Identify police policy and resource issues related to preferred policing alternatives;
3. Decrease misunderstandings regarding the nature of adopted police policies, practices, and
approaches;
4. Provide input on police policies that reflect community values; and
5. Assist the City Council in balancing community priorities and resources by advising it on police
resource issues.
The Police Commission adopted its FY 2005 Work Plan on July 15, 2004. The plan organizes the
proposed commission activities under each of these outcome areas. The main topics described are:
1. Internal Affairs and Civilian Oversight Review
- Review current policies and procedures for filing complaint and conducting internal
investigations;
- Examine other models of civilian oversight, to include a re-evaluation of the Police
Commission's role in the complaint system;
- Solicit broad range of public input opportunities to help identify key issues and concerns
regarding the police complaint system;
- Develop recommendations to improve the internal affairs process, including options for
incorporating additional civilian oversight into the system.
2. Committee Projects - Coordinate community education effort on the newly implemented Social Security Number
policy;
- Complete a draft Downtown Policing Action Plan for possible Police Commission approval,
including an assessment of resource implications for plan implementation;
- Refine and present a proposed ordinance prohibiting non-sworn public safety and security
entities from wearing uniforms that too closely resemble those worn by EPD;
- Participate in a pilot project to evaluate "tasers" as a less lethal option;
- Assist with developing a policy for the use of in-car video cameras.
3. Work Sessions
- Results of Michigan State University study of off-campus parties and possible additional
enforcement options;
L:\CMO\2004 Council Agendas\M040728\S040728A. doc
- Policy implementation status reports:
o SWAT
o Use of Force
o Vehicle Pursuits
o Social Security Numbers
- 2004 Internal Affairs and External Auditor's Report
- Police Department FY06 Budget Proposal
Please see Attachment A for a copy of the proposed work plan. Attachment B is the FY 2004 Annual
Report documenting the major Police Commission accomplishments over the past year.
Timing
A decision on the Police Commission work plan and contingency request at this meeting will allow the
group to move forward in a timely manner on its main work plan item, "Internal Affairs and Civilian
Oversight Review."
OPTIONS
The City Council may:
1. Approve the Police Commission FY 2005 Work Plan and the contingency request as proposed;
2. Amend the FY 2005 Work Plan and/or contingency request and adopt the plan as amended; or
3. Direct the Police Commission to modify the plan and bring the revised version back to the City
Council for approval at a later date.
STAFF RECOMMENDATION
Staff recommends that City Council approve the work plan and contingency request, with minor
modifications as necessary.
SUGGESTED MOTION
Move to approve the Police Commission FY05 Work Plan.
Move to authorize expenditure of an amount not to exceed $70,000 to support the Police Commission's
review of the internal affairs policies and procedures and civilian oversight models.
ATTACHMENTS
A. Police Commission FY 2005 Work Plan
B. Police Commission FY 2004 Annual Report
FOR MORE INFORMATION
Staff Contact: Jeannine Parisi
Telephone: 682-5852
Staff E-Mail: j eannine.parisi~ci.eugene.or.us
L:\CMO\2004 Council Agendas\M040728\S040728A. doc
ATTACHMENT A
City of Eug ne
POLICE COMMISSION
FY 2004- 2005 Work Plan
Adopted July 15, 2004
Eugene Police Commission Mission Statement
Our mission is to recommend to the City Council, City Manager, Police
Department, and the people, the resources, preferred policing
alternatives, policies, and citizens' responsibilities needed to achieve a
safe community. We strive to create a climate of mutual respect and
partnership among people that helps achieve safety, justice and
freedom for all people in Eugene.
777 Pearl St, R om 105oEugen , r gon97401
(541) 682-5852 · FAX (541) 682-8395
www. ci. eugen .or. uslpolicecommlindex, htm
POLICE COMMISSION MEMBERS
Tim Laue, Chair Carla Newbre
Andrea Ortiz, Vice Chair Tracy Olsen
George Bennett Floyd Prozanski
John Brown Klm Shore
Bonny Bettman Angle Sifuentez
Maurie Denner Jennifer Solomon
For more information on the Police Commission, please contact:
Jeannine Parisi, Police Commission Analyst, Eugene Police Department
Phone: (541) 682-5852 E-Ma#: ]eannine.parisi~,ci. eu.qene.or, us
Or visit the commission's web site at:
www. cl. eugene, or. us/policecomm/inde x. htm
EU ENE POLICE COMMISSION
FY 2004 -2005 Work Plan
I. Background
The Eugene Police Commission is a twelve-member citizen body that acts in an advisory capacity
to the City Council, the Chief of Police and the City Manager on police policy and resource issues.
The commission is one of five standing City Council boards and commissions, and was created by
City Ordinance 20136 in December of 1998. The enabling ordinance requires the commission to
develop a yearly work plan, to be reviewed and approved by the City Council. The work plans
follow a July 1 - June 30th Fiscal Year (FY) schedule. Major accomplishments over the past five
years include:
Development of strategies to address street level prostitution, including adoption of the
prostitution free zone ordinance (FY 2000)
Crowd control and use of force policy recommendations (FY 2001)
Media access policy recommendations (FY 2002)
Community policing outreach and education project; development of recommendations for
next steps in community policing implementation (FY 2002)
Vehicle pursuit policy review (FY 2003)
Development of strategies to reduce speeding and red light running (FY 2003)
Special Weapons and Tactics (SWAT) and related policy review (FY 2004)
Interim Report on Strategies to Improve Police and Community Interactions (FY 2004)
Ideas for work plan projects come to the commission from a variety of sources, including the
public, City Council, other community organizations, police department staff, and from commission
members themselves. A list of potential work plan topics is maintained and updated annually in
preparation for selecting items for inclusion in the next plan. While there has been no shortage of
ideas for new projects, managing workload while maintaining some flexibility to address emerging
issues can be a challenge. As the list above illustrates, the commission has not refrained from
confronting controversial or complex topics, both of which are time-intensive.
The Police Commission's FY04 work plan contained two main projects. First was the completion
of the SWAT Policy Review work, begun the prior year in response to community concerns around
the deployment and practices of the department's tactical team. This report was adopted in April
2004. A new work plan item, "Strategies to Improve Police and Community Interactions" was
initiated as the primary topic before the entire commission. This item consisted of several separate
but related projects culminating in three main outcomes: 1) development of a social security
number policy that establishes protocols for when and how officers should request an individual's
social security number for identification purposes; 2) adoption of an interim report containing
recommendations for improving police/community interactions; and 3) agreement to conduct an
extensive review of police policies and practices for handling complaints and conducting internal
investigations, and to examine different civilian oversight models.
EUGENE POLICE COMMISSION
FY 2004 -2005 Work Plan
Given the magnitude of this last item, the intemal affairs and civilian oversight review will
dominate the commission's attention and resources over the next twelve to fifteen months. This
project, and other tasks planned for the FY05 work plan are described in more detail in the
following sections. A Gantt chart showing work plan tasks and estimated timelines is included as
Attachment A.
II. FY 2004-2005 Work Plan and Procedural Objectives
Work Plan Objectives
The Police Commission's work plan is divided into four main components: a) internal affairs
policy and civilian oversight review; b) committee projects, c) work sessions, and d) liaison
activities.
A. Internal A[fairs and Civilian Oversight Review
This project is a timely and necessary extension of the commission's work on improving police and
community relations. The 2003 Auditor's Report and other recent events have cast doubt over the
reliability of the current internal affairs procedures to consistently treat all involved fairly, to
identify and hold people accountable for inappropriate conduct in a timely manner, and to improve
the quality of police services to the community. A thorough review of existing policies and
procedures, coupled with an examination of models of civilian oversight, will help rebuild public
trust and the credibility of the department's complaint system.
The size and complexity of this project required the commission to divide it into logical topic areas;
however, members did not want to compromise the ability to conduct a policy-level systems review
or artificially separate inter-related processes. Another concern was the length of time required for
the commission to conduct an open, thorough and deliberative process while meeting community
expectations for responsiveness. The following process was selected to address these issues. The
commission recognizes that as it moves forward with this project, unforeseen issues may arise that
require adjustments to the focus areas or timeline.
As a starting point, the commission will be collecting background information through a literature
review and by learning more about the current policies and procedures for complaint intake, internal
investigations and case adjudication. In addition to a literature review and policy examination, the
commissioners will be participating in a variety of public outreach events to solicit input from
community members to help frame key issues and identify community values and expectations.
This process should be complete by the end of the calendar year and will include an interim report
with preliminary findings and recommendations.
An examination of other models for intake, investigations and disposition/external review will be
the next major phase of the work. Preliminary recommendations for different models or procedures
for these processes that could be a good fit for Eugene are planned. Then, the commission will
work with the department to develop policy recommendations for existing general orders, including
at a minimum:
Adopted July 15, 2004 -2-
EU ENE POLICE COMMISSION
FY 2004 -2005 Work Plan
- General Order 1102.2 - Allegations of Misconduct
- General Order 1102.3 - Inquiries
- General Order 1101.1 - Code of Conduct
The commission anticipates that depending on the level of procedural changes recommended,
existing policies may be significantly altered or replaced and new policies may need to be created.
Recommendations regarding the role of the Police Commission, External Auditor or some other
entity, any of which could have City Ordinance or Charter implications, are also potential outcomes.
The commission hopes to have this portion of the work completed by September of 2005.
B. Committee Pro/ects
Due to the magnitude and critical nature of the preceding project, the commission recognized that it
will need to dedicate its time and staff resources almost entirely to that effort. Yet, as is always the
case, there is no shortage of additional work plan items that are of high interest and importance to
commissioners and the community. The commission reluctantly agreed not to add any new
committee projects to its work plan. The projects that are included were either initiated last year
and not yet completed, or were identified in the FY04 work plan and not yet begun.
Committee projects in progress with anticipated completion in Fall 2004:
1) Social Security Number Task Group - General Order 308.39 - Social Security Numbers
has been developed and went into effect on July 1, 2004. The remaining work centers
around developing and implementing a community education process on this policy.
Target audiences for outreach are communities of color and youth.
2) Downtown Policing Action Plan Team - community stakeholders are working with
several commissioners to formalize current community policing strategies in effect
downtown into an action plan and to identify unmet public safety needs in the city's
center. The commission will be reviewing and commenting on the draft plan and
making a recommendation to forward the action plan to decision-makers for adoption.
3) Police Uniforms Standards Committee - options to distinguish Eugene police officers
from other public safety and private security employees operating in Eugene were
reviewed. Remaining work will focus on refining a proposed ordinance addressing
uniform similarity for commission discussion and potentially, for City Council
consideration.
Committee projects to be initiated in FY05:
4) "Tasers" as a less lethal force option - "Tasers" are becoming a standard less lethal tool
for many police departments across the country, offering several advantages of pepper
spray to both officers and suspects. The department plans to launch a pilot project
issuing "tasers" to a group of officers trained in their use. Commissioners will assist the
department in evaluating the results of the pilot and help develop a policy for the use of
"tasers."
5) In-Car Video Policy - Committee members will review and provide input on a draft
policy for the use of video cameras in patrol cars.
Adopted July 15, 2004 -3-
EU ENE POLICE COMMISSION
FY 2004 -2005 Work Plan
C. Work Sessions
Work sessions are scheduled in to the work plan to provide opportunities for information sharing
and discussion of items that do not necessarily require Police Commission action. The following
work sessions are currently planned:
a. A review of the Michigan State University sponsored study on off-campus party
behavior and implications for changes to police practices/enforcement options
including the Special Response Fee Ordinance (September)
b. Presentation of Eugene Police use of force reporting data and comparison to other
communities (November)
c. Police Department FY06 Budget Proposal (December)
d. 2004 Internal Affairs case statistics and Auditor's Report (April)
e. Status reports from department on status of Police Commission policy
recommendations:
Vehicle Pursuit policy (March)
SWAT policies (May)
Social Security Number policy (June)
Other work sessions may be added to address emerging issues and/or provide information updates
on department-related projects.
D. Liaison Activities
The commission has established liaison roles as a strategy to expand its participation and visibility
in community efforts, and to keep members informed of residents' concerns. The liaisons
participate in other law-enforcement related community projects and facilitate information sharing
between the commission and the other organization. In FY05, liaison assignments to the racial
profiling data collection task group will continue. Two members will also represent the commission
in helping identify police service and resource priorities to be reflected in the FY06 police
department budget proposal. Commissioner Laue plans to continue his work with the PSCC on
developing options to reduce the number of people who fail to appear in court, which causes
significant inefficiencies in the criminal justice system.
Procedural Objectives
The commission will focus on a few key objectives this coming year:
- Incorporating policy implementation status reviews into the work plan to help evaluate the
impact and effectiveness of the commission's policy recommendations;
- Creating a process for the internal affairs policy and civilian oversight review that is
transparent, easily accessible to community members, and offers multiple opportunities for
public participation and input; and
Adopted July 15, 2004 -4-
EU ENE POLICE COMMISSION
FY 2004 -2005 Work Plan
Acting in a monitoring and oversight role as the department conducts an internal assessment
of its recruiting, hiring, training and supervision practices that may have allowed criminal
officer misconduct to go undetected.
III. Work Plan Outcomes
increase commUnicationS be~een POlice and the community, leading to a
OUTCOME1; greater Uaderstaadiag of thepreferredPoliCing alteraativeS for theCity.
In FY 2005, the Police Commission will:
· Create a public forum for community dialogues on current issues in policing, to include:
o Prioritizing police resources for the FY06 budget
o Assessing the use of"tasers" as a less lethal force option
o Reviewing EPD force statistics and comparative data from other communities
o Considering options for police response to off-campus parties and alcohol-related
incidents
o Reviewing current procedures for filing complaints with the department and
complaint systems/oversight models in place in other communities
· Through open meetings and public forums:
o Provide mechanisms for citizen input on a variety of policing and community safety
issues, particularly related to the complaint system review process
o Solicit public input on proposed policy recommendations
o Increase accessibility of police department staff to residents
o Make police procedures more transparent to residents and involve citizens in the
decision-making process
· Create opportunities to share information with the public on Police Commission and police
department projects and activities.
OUTCOME 2, Identify police policy and resource issues related to preferred policing alternatives.
In FY 2003-2004, the Police Commission will:
· Participate in evaluating a pilot project for the use of"tasers" by Eugene police and developing
a policy for their use
· Develop policy and procedural recommendations to improve the internal affairs process, to
include options for incorporating additional civilian oversight into the system
Adopted July 15, 2004 -5-
EU ENE POLICE COMMISSION
FY 2004 -2005 Work Plan
OUTCOME 3, Decrease misunderstandingS regarding the nature of adopted police policies,
practices and apprOacheS,
In FY 2003 - 2004, the Police Commission will:
· Provide options to decision-makers regarding a potential ordinance regarding uniform standards
for non-sworn public safety officers and security personnel
· Develop and coordinate a community outreach process on the use of social security numbers by
law enforcement for identification purposes
· Present the results of the commission's analyses to the community through news releases, its
web site, status reports to City Council, distribution of reports to stakeholders and participants,
and other mechanisms as appropriate.
· Continue to seek opportunities to network with other organizations and constituencies to
increase collaboration and information sharing. Building a closer relationship with
youth/students, communities of color, social service providers, and other groups involved in
public safety issues is of particular interest.
oUTCoME 4. provide input On Police policieS that refleCt community values.
· Assist with development of a policy for the use of in-car video cameras
· Develop findings and recommendations on complaint handling and internal investigations
policies and practices for public comment and presentation to decision-makers.
· Monitor the application of policies that were previously amended by the commission through
annual reports and/or information requests to staff.
Assist the City Council in balanCing c°mmunitypriOrities and resources
ouTCOME 5, by advising it °n p°lice resource isSues;
· Submit a public safety action plan for community-based policing activities focused on the
downtown core for City Council consideration
Adopted July 15, 2004 -6-
EU ENE POLICE COMMISSION
FY 2004 -2005 W rk Plan
· Review and comment on department budget documents, including the Multi-Year Financial
Plan and FY06 budget proposal, prior to submission to decision-makers to assist in aligning
resource allocations with community priorities
· Conduct research and provide recommendations to decision-makers regarding different civilian
oversight models that meet community expectations and values
· Respond to emerging issues brought to the commission, recognizing that the commission will
have limited capacity to incorporate new items into the current work plan.
Attachments
FY 2005 Police Commission Work Plan Gantt Chart
Adopted July 15, 2004 -7-
FY05 Police Commission Work Plan
Adopted July 15, 2004
D Task Name 3rd Quarter i 4th Quarter 1st Quarter ~ 2nd Quarter i 3rd Quarter 4th Qu
~ Jul ~ Aug Sep ' Oct i ..... Nov ~i Dec Jan Feb ~ ...... Mar I Apr ' May-~-i Jun- ~[ Jul ~[ Aug i~ Sep'- ~ Oct
2 Develop and Adopt Work Plan
...... 3- .......counCil Review and Approval i~' 7/28
5 Next Steps and Priority Items for FY06 ;
- 6 ~INTERNAL AFFAIRS & CIVILIAN OVERSIGHT REVIEW
'~ Background Information
8 IdentifY KeY issueSNalues/Expectations
.... ~ ........ Literature Review
10 Public Forums/Input iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii!iiiiiiiiii!iii!iiiiiiiiiiiil :
11 ReView Policies/Procedures/Roles i ~.'
-12 '~ Intake ProCeSs
1-;J Investigations Process i
14 Disposition and Review Process
-15 Develop Interim Findings & ReCommendations ~ li~ii~ii!iiiiiii?~iiiiiiiiiiii] :
16
Examine Other Models ~
17 Intake Process
.... ~ Investigation Process
19 Disposition and Review Process
20 Develop Interim Findings & Recommendations
..... ~1-~' Craft Policy ReViSions
.... :~2- General Order 1102.2 - Allegations of Misconduct
23 General Order 1102.3- Inquiries
-~,- ~ General Order 1101.1 - Code of Conduct
25 Develop Draft Findings and Recommendations
26 Public Forum ~ 9~29
.... ~ .... Finalize and present Report :
'~8 COMMITTEE PROJECTS ·,]
29 SSN Task Group ·
~0-- i Develop and Implement Outreach Plan
Task liiiiiiiiiiiiiiiiiiiii!iiiiiiiiiliiii1 Milestone · External Tasks
Project: FY05workplan Split Summary External Milestone ·
Date: Mon 7119104 ...................
Progress Project Summary ~ Deadline
FY05 Police Commission Work Plan
Adopted July 15, 2004
D Task Name 3rd Quarter ~ 4th Quarter 1st Quarter 12nd Quarter / 3rd Quarter i 4th Qu
.................... ~U A~.g ~ep.~{..Oc_t ~ Nov_ Dec .....Jan F~b.i M.ar ~r May ,~un ~_~.._.. ,_.,~ug..} ~Sep .... O~
31 Uniform Standards Task Group ·
32 Refine Ordinance RecommendatiOn
;~3 Present to Police COmmiSsion
34 ..... Downtown Planning Team ·
35 Finalize Draft Plan
36 Police Commission Review and Adoption
37 Tasers as Less Lethal Force Option
38 Develop/Evaluate Pilot Project
~ Policy DeveloPment
40 Findings and Recommendations
41 In-Car Video pOlicY
~; Policy Development
43 ~, Findings and Recommendations
44 ; WORKSESSIONS
~ USU Off-Campus party Study ResUlts · 9/9
46 Use of Force Reporting · 11111
47 Fy06 EPD Budget Review · 12/9
~ Special Response Fee UPdate ' · 2/10
49 2004 IA Stats and Auditor's Report · 4/19
50 SWAT Policy Implementation Status · 5/12
-~'1- Pursuit Policy Implementation Status · 3/10
5-2 SSN Policy Implementation Status i · 6/9
53 LIAISON PROJECTS ·
54 ' Racial Profiling Data Collection Project
56 EPD Fy06 Budget Review :
Task [~:iliiiiiiiiiiiiii!iiiiili!iiiiiiiilil Milestone · External Tasks
Project: FY05workplan Split Summary External Milestone
Date: Mon 7/19/04 ...................
Progress Project Summary ~ Deadline
ATTACHMENT B
City of Eugene
POLICE COMMISSION
Annual Report
FY 2003- 2O04
777 Pearl St, Room 105 · Eugene, Oregon 97401
(541) 682-5852 · FAX (541) 682-8395
www. ci. eugene, or. uslpolicecommlindex, htm
Eug n P lic C mmi si n
2004 ANNUAL REPORT
I. Introduction
This staff report is submitted to the Eugene City Council to document the activities of the Police
Commission during Fiscal Year (FY) 2004. This report documents how the commission has met the
expectations of the City Council, as delineated in its work plan, and has responded to issues of
community concern. The Police Commission is the newest of five standing City Council boards and
commissions. In the past five years, the commission has become proficient at accomplishing its core
objectives while continuing to evolve in response to changing community and organizational needs.
This report describes how the group has responded to challenges faced in the course of carrying out its
charge, and discusses new procedural objectives the commission has identified as it looks to the future.
The charge of the Police Commission, described in City Ordinance 20136, can be distilled into three
main components. One responsibility is to improve communication between the police and the
community, thereby decreasing misunderstandings about policies and practices and helping to build
consensus around preferred policing alternatives for the city. Section II-A of this report describes how,
in addition to the public dialogue occurring at each meeting, the commission has met this objective.
Another responsibility is to identify policy and resource issues related to preferred policing
alternatives, and to assist the City Council in balancing police resources with community priorities.
Section II-B discusses the commission's efforts in this area. Finally, the commission is charged with
providing input on police policies and procedures that reflects community values. Section II-C
reviews the progress made in meeting this objective.
II. Accomplishments
a. Improving Communication Between the Police and Community
The Police Commission provides a forum for information sharing and dialogue on public safety issues.
The meetings allow interested residents the opportunity to provide comment or just listen to
deliberations on a wide range of topics related to police policies and practices. As police department
staff are in attendance, one-on-one communication between residents and police employees is
facilitated. The commission's meeting minutes and final reports are available on the internet for
broader public access.
Work sessions continue to be useful in enabling community conversations about contemporary
policing issues that do not necessarily require commission action. Topics discussed this past year
included police policies and practices for responding to bicycle protests, enforcement strategies for
locations that generate a chronically high level of alcohol-related calls for service, a status update on
changes to the municipal court traffic violation fine schedule, interim analysis of the verified alarm
response procedures, and an informational session on the automated pawn property system pilot
project.
Two joint meetings with the Human Rights Commission were held this past year to discuss issues of
mutual interest. In October, a work session on the department's use of social security numbers as a
form of identification was held. As a result, a joint task group was formed to discuss the community
concerns raised about police collection of social security numbers in more depth, and develop
recommendations that address these concerns and meet the department needs for accurate personal
identifiers. In May, the 2003 Internal Affairs case statistics and the Auditor's Report were presented to
both commissions. The commissions were pleased that as recommended, a sample of "inquiries" was
included in this year's audit. This additional data provided valuable insights to both the auditor and the
various report recipients on the complaint intake process, and the commissions recommended that this
practice be continued in future audits.
This year, the commission added several half-hour discussion sessions prior to its regular meetings to
gain exposure to policing issues of national interest. Articles were selected from the Police
Assessment Resource Center (PARC) newsletters, including interviews with experts on racial
profiling, civilian oversight and the Patriot Act. Commissioners found these informal discussion
sessions to be helpful because they were not agenda-driven, as is so much of the commission's time
together, and provided a bigger picture view of current issues facing law enforcement.
The commission continues to meet as a full body once per month, while issue specific committees and
task groups typically meet more frequently. In FY04, the commission and its committees held forty-
three public meetings, not including the work planning session with City Council. This is nearly twice
the number of meetings convened during the previous year. The SWAT policy review committee
hosted two separate public forums during the year, one to discuss the results of the National Tactical
Officers Association performance audit (September 2003) and another to solicit public comment on its
draft findings and policy recommendations (February 2004).
Commission meetings are not the sole mechanism employed to improve communications between the
police and the community. Members were involved in a range of other community outreach activities,
including giving presentations to the Citizen Police Academy Fall 2003 and Spring 2004 classes. The
active involvement of many commissioners in other community groups, such as Weed and Seed and
the Graffiti Task Group, continues to be a valuable asset for building partnerships, providing mutual
support and sharing information.
In the Police Commission's work plan, the topic "Strategies to Improve Police and Community
Interactions" was the primary focus for the year. This was an umbrella topic consisting of several
separate but related efforts selected by the Police Commission including:
· Holding a joint work session with the Human Rights Commission on police use of Social
Security Numbers for identification information.
· Developing a pilot project in partnership with the Eugene Police Diversity Committee to
conduct a series of small roundtable discussions between community members and police
officers on common values and concerns.
· Reviewing existing training standards and policies related to police interactions with
community members.
The commission agreed that improving interactions between the police and community was an on-
going effort as opposed to a stand-alone work plan item. The goal this year was to develop a series of
2004 Annual Report Page 2 of 10
immediate recommendations that addressed some of the specific concerns brought to the commission's
attention, and identify policy and training issues to be worked on in the future. Throughout the
different discussions, commissioners focused on the following overarching policy issue:
Are community expectations for police employee conduct and performance sufficiently
delineated in policy and addressed through training, and are there other opportunities to
improve interactions between police and community members ?
With the exception of the policy work related to the use of Social Security Numbers, the outcomes of
this project are outlined below.
· Roundtable Discussion Pilot Project
In partnership with the Eugene Police Department Diversity Committee, members of the Police and
Human Rights Commissions designed a pilot program involving a series of roundtable discussions
between police officers and community members to share perspectives and build positive
relationships. The designers sought to create an environment where open dialogue between a small
group of community members and police personnel on common values and concerns could be
established with the goal of fostering trust and improving mutual understanding and respect. A
project description, ground rules and confidentiality agreement, seed questions, and plans for
participant selection were created for review and approval by the Police Commission. Prior to
piloting a discussion group, the project was postponed indefinitely at the request of several
community members who, while in support of the concept, advised that the timing for initiating
this project needed more careful consideration.
· Publicperceptions of Police Employee Performance and Conduct
The Police Commission held a work session to review local survey data that measured residents'
perceptions of police performance and demeanor, as documented in the 1995 and 1999 Police
Services Household Survey and 2001 Call-Taker and Patrol Officer Customer Service Quality
Survey. The work session provided an opportunity for commissioners to assess the value of
surveys in gauging public satisfaction with police services and performance (the survey data
indicated a high level of public satisfaction with police performance and conduct) and to consider
if there are other strategies that can be utilized in lieu of, or in concert with, a survey to measure
public perception of its police department.
· Interactions Task Team
In October 2003, members of the Police and Human Rights Commissions met with police
command staff to voice their concerns regarding an apparent increased strain on police/community
relations. They requested the department's assistance in identifying potential causes for this
tension and in lending its expertise and leadership in finding solutions that would improve
interactions between police and the public. As a result of this discussion, the police department
assigned representatives from different ranks in the organization to work with commissioners to
develop short-term recommendations that would make a positive impact on police/community
relations. The team created a list of almost fifty suggestions and grouped them into four
categories: 1) complaint process, 2) workload/resource issues, 3) internal/external communication,
and 4) relations with the public.
2004 Annual Report Page 3 of 10
The team prioritized each category using impact, urgency, and do-ability as criteria for ranking the
most important focus area. A project was selected that could be completed in a few meetings that
would address the complaint process, which was identified as the primary area of focus. It
identified elements that would be present in an ideal police/community interaction and elements
necessary to build a model police complaint process. These elements were then turned into values
statements. The following statement was developed by the Interaction Task Group related to
Police/Community Relations:
Positive interactions between officers and civilians should be characterized by
mutual respect and courtesy, and a professional demeanor on the part of the officer.
When officers have contact with civilians on a 'stop' there should be an opportunity for
respectful two-way communication between the parties, combined with an upfront
explanation by the officer of the possible enforcement actions that may follow to help
alleviate anxiety. Officers should strive to leave the person with his/her self-respect
intact, and attempt to end the interaction on a positive note.
People who are subject to a stop should understand why they were stopped, be
given an opportunity to express their perspective, and not be detained unnecessarily.
Ultimately, citizens should feel they were stopped legitimately, and understand their
options should they wish to follow up. When possible, translators should be provided
for non-English speakers, and the officers should offer their business cards at the
conclusion of the stop.
Finally, civilians should understand that reserved or cautious behavior of
officers during the stop is 'business-like' and not personal, based on training to protect
the officers 'safety.
· Existing Policies and Training Standards
The commission reviewed city-wide and police department policies and standards for employee
conduct, performance and demeanor, including:
Human Resource and Risk Services Policy 3-900 - Discipline and Grievances
General Order 1101.2- Performance Standards (draft)
General Order 1101.1 - Code of Conduct
General Order 308.40 - Person Stops and Contacts
Commissioners suggested a series of modifications to the department's policies and made a formal
recommendation regarding modifications to General Order 308.40. In March 2004, the commission
held a work session on the department's current officer academy and in-service training curriculum
specific to conduct, demeanor and interactions with the public.
Improving relations between the police and community is part of the Police Commission's core
mission and an integral part of its on-going work with the department and larger community. Upon
completion of the tasks described above, the group developed a set of interim recommendations to help
"create a climate of mutual respect and partnership" between the police and public and to improve
interactions between police and community members for the safety and benefit of all. It should be
noted that several developments occurred over the past year that directly impacted police/community
relations and influenced the recommendations presented in the interim report. The high profile
convictions of two former Eugene police officers on criminal charges that occurred on duty dealt a
2004 Annual Report Page 4 of 10
significant blow to public trust. The 2003 Auditor's Report found several deficiencies in the
department's handling of complaints against its employees. Both of these issues strongly influenced
the type of strategy recommendations identified.
The strategies in the interim report focus on three topic areas: 1) improvements to the complaint
process, 2) community involvement, and 3) training. Regarding the first focus area, the commission
decided that as an extension of its work on strategies to improve police/community relations, it would
undertake an extensive review of the police complaint process and explore different models of police
oversight. A vital element of this project is to modify existing policies and procedures in such a way
as to build trust with the community, increase the accessibility and comfort level for people who want
to file complaints, and ensure accountability and fairness for all involved parties. This project will be
the main work plan item before the Police Commission over the next eighteen months. Other strategy
recommendations included:
· physical improvements to the police lobby area that would afford some measure of privacy to
complainants and victims and create a more customer-friendly environment for others with
business at the department;
· creation of an informational brochure to help educate the public about what to expect during a
police stop and what their rights and responsibilities are, working in conjunction with the ACLU
and ASUO on brochure content and dissemination; and
· transitioning employee diversity training to a cultural competency model that accommodates
employees at different experience levels and links skills development to improved job performance
and satisfaction.
The interim report on Strategies to Improve Police/Community Interactions was approved in July and
forwarded to the Chief for his consideration.
b. Preferred Policing Alternatives and Resource Priorities
This past year, the Police Commission became actively involved in supporting a safe and vibrant civic
center by adding a downtown community-policing project to its work plan. Originally conceived as a
partnership with Downtown Eugene Inc., to strategize options to expand community policing, the
project grew into a planning effort to recognize existing public safety strategies and partnerships that
help make the downtown area safe and to identify additional resources required to meet the area's
public safety needs. Over the past several months, three commissioners have worked with a diverse
group of downtown stakeholders to formalize current community policing programs and future needs
into a downtown public safety action plan that can serve as a model for innovative, neighborhood-
based policing efforts for other parts of the city. The planning group has completed a first draft of the
report for presentation to the Police Commission and will be assessing the resource implications of its
recommendations to help prioritize funding decisions.
The commission convened another task group to explore options to help ensure that Eugene Police
officers are easily distinguishable from other non-sworn public safety and security personnel. This
project stemmed from incidents either witnessed by or conveyed to commissioners where other
personnel were mistaken for Eugene police officers, seemingly due to similarities in uniforms.
Commissioners were concerned that uniform similarities could make it more difficult for residents to
determine which agency to contact following an interaction should questions or concerns arise and
2004 Annual Report Page 5 of 10
could elevate risk in a dynamic, mutual aid incident if officers cannot readily distinguish their
colleagues from other professionals at the scene. Further, non-sworn uniformed personnel might be at
heightened risk of injury if they are mistaken for law enforcement officers by a hostile suspect, but are
unable to fully defend themselves.
In reviewing these concerns and potential solutions, the task group discovered that several other cities
have ordinances in place that prohibit other entities from wearing uniforms that closely resemble those
worn by the police. Based on these examples, the task group drafted an ordinance for comment by
potentially impacted entities (private security agencies, armored car services and UO campus security).
In general, representatives participating in the forum voiced concern about potential financial impacts
to their organizations and uneasiness about the vagueness of the proposed ordinance. The task group's
proposal and public comments received were presented to the Police Commission at the June meeting.
The commission directed the task group to move forward with the concept, but to refine the proposed
ordinance to clarify what constitutes a violation of the uniform standards and who has the authority to
make that determination.
A discussion of the use of "tasers" as a less lethal force option was also included in the FY04 work
plan. "Tasers" are becoming more common in police departments across the country as they offer an
alternative to force options that require close range contact and often result in some level of suspect
injury. However, the department was still in the preliminary stages of technology review and had not
yet decided how to proceed. This project was carried over into next year's work plan and will involve
analysis of a pilot project involving "tasers" and policy development for their use.
The Police Commission continues to review and comment on the department's budget priorities by
reviewing both the Multi-Year Financial Plan and the budget proposal to the City Manager. In looking
at these documents, members help ensure that the community's expectations for police services,
particularly in relation to community policing initiatives, are reflected in the plans. Where possible,
the commission uses liaisons to maintain involvement in other activities to promote citizen
involvement in decisions that may impact public safety resources priorities and policing practices.
Two members continued their work with the Racial Profiling Data Collection Task Force, while
another served on the Public Safety Coordinating Council Committee studying solutions to reduce the
rate of people who fail to appear in court. Lastly, a member of the Police Commission participated in
the Mayor's Civic Facilities Visioning Committee.
c. Poficy Issues and Community Values
Several police policies were identified for inclusion in the Police Commission's FY04 work plan: 1)
completion of the SWAT policy review; 2) assisting the department with developing a policy for its
newly acquired drug detection dog; and 3) creating a new policy for the use of mobile video cameras in
patrol vehicles.
· SWAT Policy Review
The SWAT policy review committee was convened in the Spring of 2003 to address the following key
issues, most of which were attributable to questions and concerns raised by members of the Whiteaker
community. In most cases, the discussion of the key issues led to recommended changes to department
policy and procedures. The Commission did not, however, conduct a review or critique of any specific
incident. Key issues identified were:
2004 Annual Report Page 6 of 10
1. The appearance of and equipment used by the SWAT Team and their impact on community
relations and trust
2. The criteria used in making SWAT activation decisions
3. Procedures for notifying impacted community members during a SWAT incident and providing
follow-up information to the public
4. Use of force issues, including temporary restraints, "spit hoods" and forcible entry into
residences
5. Procedures for treatment of nude or partially clothed suspects
6. Incident debrief and critique
7. Training and equipment issues
8. Resource issues related to SWAT response to incidents outside the city of Eugene.
The committee completed its analysis in February 2004. The following revised policies were
unanimously accepted by the Police Commission and forwarded to Chief Lehner with a
recommendation for adoption on April 8th:
· General Order 304.4 - Search Warrants
· General Order 801.4 - Hostage/Barricaded Subjects
· General Order 1201.5 - Special Weapons and Tactics (SWAT) Team
· General Order 1201.7 - Crisis Negotiation Team
It should be noted that the commission remains concerned about the disproportional use of Eugene
police resources to respond to SWAT incidents in the County, particularly given the recent budgetary
decision by the Sheriff to discontinue participation in Metro SWAT. The commission has requested an
annual staff report on the implementation of its policy recommendations and will stay informed on
resource issues related to SWAT responses outside of Eugene.
· Drug Detection Dog
In the summer of 2003, the department initiated a new drug detection dog program to support the
department's enforcement efforts involving possession of significant quantities, as well as the sale and
distribution, of illegal drugs. The overarching policy issues the committee discussed involved
constitutional and community expectations of privacy, protection from unreasonable search and
seizures, and the provision of effective enforcement of drug laws. The resulting policy, General Order
1201.8 - Drug Detection Dog Program, addressed these issues by describing the situations that are
appropriate for requesting and using the dog, setting forth procedures for training and deployment
documentation, and describing supervisor responsibilities. The policy provides protections against
unwarranted searches that, in many cases, exceed current case law standards. The Police Commission
approved the final policy at its October 9th meeting.
· In-Car Video Cameras
The commission planned to help the department develop a new policy for the use of in-car video
cameras in anticipation of expanding the use of such devices. Unfortunately, workload issues
precluded the commission from initiating this project and it was carried over into the FY05 work plan.
2004 Annual Report Page 7 of 10
· Social Security Numbers
As a result of a work session on current police practices for requesting and using social security
numbers as a form of identification, a joint Police and Human Rights Commission task force was
formed to address the community sensitivities regarding this practice while meeting the needs of
officers to verify people's identities during contacts. The Social Security Number (SSN) Task Force
agreed to the following three objectives:
· To develop a policy that clearly delineates the circumstances in which social security
numbers would be requested to improve consistency in police practices;
· To develop and implement officer training on both the new policy and the community
sensitivities around requesting/collecting social security numbers;
· To conduct a public education and outreach effort to explain police policies and procedures
so that people are better informed about what to expect during a police contact, particularly
as related to supplying social security numbers.
Committee members worked with staff to create a new policy, General Order 308.39 - Social Security
Numbers to describe the situations when requesting SSNs would be appropriate. The policy also
establishes that other valid, government issued identification, including the Matricula Consular issued
by the Mexican Consulate, was acceptable as secondary identification. Officer training on both the
new policy and the Matricula Consular was held in June, and the policy went into effect on July 1,
2004.
III. Challenges and Next Steps
a. Workload Management
During the previous work plan, the complex and time-intensive SWAT policy review caused a
significant deviation from the adopted work plan. The onset of anti-war demonstrations prompted the
Police Commission to take a leadership role as liaisons between the police department and peace
protest organizers, which also impacted the work plan. This past year, emerging issues were not as
problematic. However, the expansion of work session items or liaison activities into more significant
projects did pose a workload management challenge. For example, the work session held on the use of
social security numbers resulted in the formation of a task team that met over the next eight months,
working with department staff to develop a policy and design a community education proposal. The
downtown community policing partnership expanded into a planning project involving a team of over
a dozen stakeholders and spanned several months to draft public safety strategies focused on
improving the conditions downtown. Lastly, following a work session on the status of locations that
were generating a high volume of alcohol-related calls for service, the commission passed a motion to
revisit the Special Response Fee ordinance and determine if modifications to improve its effectiveness
were possible. Staff workload constraints precluded initiation of this ordinance review during this
fiscal year.
These project expansions are by no means extraneous uses of commission time and resources. To the
contrary, the SSN policy is one of the first of such policies in the nation and can serve as a model for
other communities looking to balance privacy protections and law enforcement needs. The work of the
2004 Annual Report Page 8 of 10
downtown policing action plan team is a timely effort that supports the building momentum for
revitalization of downtown and elevates public safety as a crucial component to the long-term success
of a vibrant urban core. The continuing challenge for the commission will be allocating its time and
resources to those critical and time-sensitive issues and declining involvement in projects that would
detract from its effectiveness by spreading its membership and staff resources too thin.
b. Procedural Objectives
One of the key elements of the commission's success is the people who serve on the body. Since its
inception, the group has maintained a highly qualified and dedicated membership that works extremely
well together in support of the community. Last year, six members' terms expired, of which five re-
applied and are serving their second term. Dr. Munir Katul, the commission's first chair, declined a
second term but is continuing to work with the department in other capacities. Through the
recruitment and selection process coordinated by the City Manager's Office, two new members joined
the commission last Fall. Commissioner Bennett was selected to fill Position 1, formerly held by Dr.
Katul, and Commissioner Olsen filled a vacancy due to the early resignation of Thomas Kutchai.
The group remains committed to examining and modifying its internal processes to increase its
effectiveness. Some procedural objectives highlighted last year were to:
· Establish a successful working relationship between the commission and the new Chief of
Police;
· Implement a mentorship process for new commissioners;
· Develop an evaluation plan to assess the effectiveness of the Police Commission, particularly
as it relates to the impact of its policy recommendations on police practices;
· Continue to improve community outreach and involvement of the public in the commission
deliberations.
Regarding the procedural objectives, commission leadership and the Chief's appointee, John Brown,
have had several informal discussions with Chief Lehner for information sharing and relationship
building purposes. These conversations have proven to be very valuable and will continue periodically
over the next year. The fact that Chief Lehner places a high value on the public participation in police
policy development and genuinely appreciates the work of the Police Commission has made for a
smooth leadership transition.
Two commissioners have served in mentorship roles to the new appointed members by acting as
primary contacts for procedural questions and providing other support to help them quickly acclimate
to the body. Commissioners Bennett and Olsen were also encouraged to participate on committees as
another way to become more familiar and comfortable with Police Commission and public meetings
processes. Commissioner Bennett is serving on the Racial Profiling Data Collection Task Team and
Commissioner Olsen is Chair of the Downtown Policing Action Plan Team.
Regarding the Police Commission's intent to develop an internal evalUation process, no formal
assessment plan has been drafted. However, two new processes are in place that will begin to answer
the commission's questions about how its policy recommendations impact police practices and
whether procedural changes should be made to increase the commission's effectiveness. First, the
commission has added annual policy implementation status updates to its work plan to help determine
2004 Annual Report Page 9 of 10
how its recommendations are working in practice. The commission held one such discussion in May
on the status of its vehicle pursuit policy recommendations. In the FY05 work plan, several other
policy implementation reviews are planned in addition to vehicle pursuits, such as SWAT and Use of
Force. Second, the commission's review of the police complaint handling and internal investigation
procedures will include a review of civilian oversight models. This review will include an exploration
of the commission's role as one form of external oversight and, potentially, produce recommendations
for modifications to its responsibilities.
Engaging the broader community in commission deliberations is an objective that requires on-going
attention. The SWAT Policy Review Committee did have a good turn-out at its public forum to solicit
comments on its policy recommendations; however, another forum at the University regarding the
police complaint process was poorly attended. A significant effort to engage residents in the police
complaint and oversight model discussion is planned using neighborhood associations, public forums
with rebroadcast on MetroTelevision and focus groups as some of the outreach mechanisms. The
intent' is not only to increase public participation in this critically important discussion, but also to
elevate the visibility and accessibility of the Police Commission as a venue for other police policy and
practice discussions.
The Police Commission FY05 work plan has been developed and, if approved by the City Council,
will chart a course for another very productive year. The magnitude of the commission's review of
police procedures for handling and investigating complaints may require the commission to adopt a
different meeting schedule to accomplish this item within the timeframe established. This project will
be the sole work item before the entire commission, although several committee projects carried over
from the FY04 work plan were retained and will be finalized this year. Once again, the Police
Commission has not avoided controversial or difficult work plan topics.
The Police Commission's activities over the past few years, documented in its annual reports,
demonstrate that the commission has met its charge. Over fifteen policies have been revised through
commission review processes, and all of the commission's policy recommendations have been
accepted by the police department. In addition to the policy review work, the Police Commission has
been involved in prioritizing police resources to reflect preferred practices, including recommendations
for next steps in community policing implementation, strategies to address red light running and
speeding in neighborhoods, and most recently, community policing activities and partnerships
necessary for downtown safety.
The Police Commission is committed to improving its effectiveness as a citizen advisory body. The
emphasis on annual policy implementation status reports will be helpful in measuring how its
recommendations impact police practices and alert the commission to additional policy or training
modifications that might be needed. The commission also continues to be responsive to emerging
issues and adaptive to changing community expectations. If through the examination of different
models of civilian oversight it is determined that the commission could better serve the community by
adopting different procedures or assuming additional responsibilities, the commission is willing to
make such changes.
2004 Annual Report Page 10 of 10