Item 4: Adoption of An Ordinance Concerning Citation Authority of University of Oregon Department of Public Safety

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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 8, 2010 Agenda Item Number: 4 Department: Police Staff Contact: Captain Richard Stronach www.eugene-or.gov Contact Telephone Number: 541-682-5252 ISSUE STATEMENT The City Council is scheduled to take action on proposed amendments to Eugene Code (EC) 4.035, which provides citation authority to University of Oregon Department of Public Safety (UODPS) officers to enforce sections of the Eugene Code. The proposed amendment will allow University of Oregon (UO) 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 officers to issue citations for offenses of the Eugene Code 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 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 EC 4.035 to extend the authority of public safety officers to cite individuals for certain misdemeanor 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 (IGA) 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 the Eugene Police Department (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. Authority to Issue Citations Based on Probable Cause under the Eugene Municipal Code The proposed amendment to EC 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. Permitting UODPS Z:\CMO\2010 Council Agendas\M101108\S1011084.doc