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HomeMy WebLinkAboutItem 2: Ordinance Concerning Citation Authority of UODPS 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 18, 2010 Agenda Item Number: 2 Department: Police Staff Contact: Captain Richard Stronach www.eugene-or.gov Contact Telephone Number: 541-682-5252 ISSUE STATEMENT This is a public hearing regarding 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 proposed amendment will allow University of Oregon public safety officers to issue citations for violations when the public safety officer has probable cause to believe that the person to be cited committed the violation on property owned or leased by the University of Oregon. BACKGROUND In 2003, the Eugene City Council adopted EC 4.035, which permitted University of Oregon’s Department of Public Safety (UODPS) officers to issue citations for offenses of the Eugene Code (EC) punishable as a violation when those crimes occurred on University of Oregon (UO) property in the presence of the public safety officer. This eliminated the need for a Eugene police officer to respond every time a UODPS 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.”) On November 9, 2009, the council adopted Ordinance No. 20443, amending Eugene Code 4.035 to extend the authority of public safety officers to cite individuals for certain misdemeanors crimes found in the Eugene Code. UODPS officers already had authority to issue certain citations under provisions of the Oregon Revised Statutes and Oregon Administrative Rules, but Eugene needed to grant authority before citations could be issued for offenses included in the Eugene Code. An intergovernmental agreement between the University and the City of Eugene identified those violations and misdemeanors for which public safety officers could issue citations. Beginning this fall, the University of Oregon eliminated its contract with EPD for one remaining officer of the former Campus Unit. Previously, EPD had a Campus Unit that included three officers and a sergeant that were available for call response and follow-up investigations. The proposed amendment to E.C. 4.035 is necessary to remove the restriction on UODPS officers to be present to issue citations for crimes that were committed on University property. One goal of expanding the UODPS citation authority in 2009 was to lessen the impact on the City to investigate low-level crimes occurring on campus properties or properties under University control. Permitting UODPS officers to use probable Z:\CMO\2010 Council Agendas\M101018\S1010182.doc cause to investigate reports of certain criminal behavior and take enforcement action would eliminate the need to call EPD simply to issue a citation. Oregon Revised Statute (ORS) 352.385 grants commissioned public safety officers, such as UODPS public safety officers, the authority to arrest on probable cause, but as it is now written, E.C. 4.035 does not grant this authority for violations or crimes in the Eugene Code. An example of a common situation where UODPS and EPD would benefit from the expanded citation authority would be a case where UODPS receives a report of a stolen laptop computer. The UODPS is notified when a reported stolen computer is accessing the UO network and the location is pin-pointed. UODPS officers contact the person using the stolen computer, and after interviewing the subject, learn the individual had actually stolen the computer. Even though UODPS did not witness the actual theft, they developed probable cause to believe the suspect did take the computer by the subject admitting to the crime, and also by being in possession of the stolen computer. As the ordinance stands now, UODPS officers would need to contact EPD, explain the probable cause for the offense, and then have the EPD officer come to the UO to issue the citation. When the proposal to amend the Eugene Code to give UODPS the authority to issue citations based upon probable cause is viewed through a quick triple bottom line analysis, these impacts are evident:  Environmental health is addressed when unnecessary gasoline consumption and extra vehicle trips to the UO campus are eliminated. If the proposed amendment to E.C. 4.035 is adopted by the council, in those cases where UODPS can cite individuals through probable cause, EPD will not be required to join the UODPS officers for what is essentially a paper work function.  The primary economic benefit to the Eugene community and Oregon taxpayers to be gained through the proposed amendment will be the elimination of duplicated workload. UODPS is able to perform the function of investigating and charging subjects for a crime without an EPD officer needing to come along behind and duplicate the work already done.  The primary social equity benefit is the increased ability of UODPS to provide policing that is culturally aligned with the campus community. Some differences in the priority of crime responses are culturally-based, for example the laptop theft discussed above would not reach the level of priority of response for an EPD detective due to the dollar threshold for EPD investigations. On campus, the crime is one that would be prioritized for UODPS response. By aligning the authority of UODPS officers with justice and overall livability values of the University, the change to E.C. 4.035 provides a social equity benefit. From January 1, 2010, through October 5, 2010, the UODPS issued 386 citations; 155 of the total were for Minor in Possession of Alcohol, 65 for Possession of Less than One Ounce of Marijuana, and 50 for Consumption of Alcohol on an Unlicensed Premises. Please see Attachment B for a statistical report of violations and crimes addressed by the UODPS through their citation authority. It should be noted that this amendment to EC 4.035 only gives UODPS officers the authority to issue citations for crimes; they will not be transporting and lodging offenders. RELATED CITY POLICIES The City of Eugene has previously granted authority to the UODPS officers to enforce certain municipal violations and misdemeanor crimes 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. 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 No recommendation is provided as this item is scheduled for public hearing only. Action by the City Council on this item is scheduled for November 8, 2010. SUGGESTED MOTION No motion is suggested as deliberation and action is currently scheduled for November 8, 2010. ATTACHMENTS A. Draft Ordinance to Amend Section 4.035 of the Eugene Code B. Statistical Report from University of Oregon Department of Public Safety FOR MORE INFORMATION Staff Contact: Linda Phelps, EPD Planner Telephone: 541-682-6308 Staff E-Mail: linda.m.phelps@ci.eugene.or.us Z:\CMO\2010 Council Agendas\M101018\S1010182.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[:] the public safety officer has probable cause to believe that the person to be cited committed the violation on property owned or leased by the University of Oregon. [(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] (c2) [The city manager has approved] The authority granted by subsection (1) of this section may be exercised only pursuant to 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. 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, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this ____ day of ________________, 2010 ____ day of _______________, 2010 _______________________________ ______________________________ City Recorder Mayor ATTACHMENT B UO DEPARTMENT OF PUBLIC SAFETY CITATION ACTIVITY JANUARY 1 – OCTOBER 5, 2010 COMMON UODPS CITATIONS – STUDENT V.S NON-STUDENT ALL UODPS CITATIONS – STUDENT V.S NON-STUDENT