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City Council Packet - 07/21/1980 a TIGARD CITY COUNCIL STUDY SESSION AGENDA JULY 21, 1980, 7:30 P.M. FOTdLFR JUNIOR HIGH SCHOOL LECTURE ROOM 1. ROLL CALL 2. POLICE IMPLEMENTATION STUDY — Response by Chief of Police h City Administrator 3. OTHER 4. ADJOURNMENT (Please note information distributed in packets. Many of these items will be considered at the July 28,'-1980 meeting.) a n. 3 �`�,_ _ _ ._. ���•gam _ u. �� s__ x.' 1 T I G A R D C I T Y C 0 U N C I L STUDY SESSION MINUTES - JULY 21, 1980 - 7:35 P.M. 1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen John E. Cook, Tom Brian, Kenneth Scheckla (arrived at 7:38 P.M.); Councilwoman Nancie Stimler; Chief of Police, Robert Adams; City Administrator, Raeldon R. Barker, City }recorder/Finance Director, Dorris Hartig; Administrative Secretary, Loreen Wilson. 2. POLICE IMPLEMENTATION STUDY (a) City Administrator expressed his appreciation to the Police Department staff for their assistance in the implementation of the study and their willingness to assist in the process. He pointed out that studies, such as the Tracy Report, indicate areas where improvement or change is needed and do not, and rightfully so, take the time to indicate the areas which are running smoothly or compliment the department. The City Administrator stated that the study will be a positive tool and the City should look at it as such. He noted that it was not an easy task to evaluate all 39 recommendations found in the report and to prioritize them. In the report Dr. Tracy recommended that the City staff and Council read the book "Policing In A Free Society" by Herman Goldstein. The City Administrator distributed two copies to the Council for their use and stated that the Chief and himself have a copy also. The City Administrator stated that he and the Chief of Police would discuss the 39 recommendations with Council and would note which they agreed and disagreed with and the reasoning why. ; . The 39 recommendations were broken down into .four different categories as follows': (1) Goals, Objectives and Performance Measures; (2) Organizational Structures and .Management Responsibilities; (3) ' Public Education and Community Relations; and (4) Training'. City Administrator discussed with Council the weaknesses he saw in the study and requested Council keep this in mind as they discuss the recom- mendations. They were as follows: (1') The fact that Dr. Tracy relies heavily on the American Bar Association (ABA) and the National Advisory Commission (NAC) standards for law enforcement agencies, to support the recommendations made in the study. City Administrator took direct quote` from the ABA's commentary on the 'standards as follows: "First the standards have been offered in the belief that greater understanding of the function of the police in a democratic society is necessary if there is to be needed improvement in the quality of police service... Second, the standards are in fact "standards" in the loosest sense of the term. Partly because of the educational purpose of the standards ax and partly because of the underdeveloped character of the police field, very 'few of the standards consitute model procedures which can be implemented immediately on a national bases." s The City Administrator stated he did not fault Dr. Tracy for using the } x ; e r{; standards, however the standards cannot be implemented verbatim without looking at the application more closely. (2) The other area of concern was the contradictions which occur through the report in the form of recommendations. An example of this was recommendation No. 34 requiring a development patrol officer and recommendation No. 33 requiring the abolition of the corporal position. Since the corporal position is an advancement in pay and responsibility for the patrol officer, it would seem to be in conflict. (b) The Chief of Police expressed his concerns regarding the study from the technical evaluation position. Some of these were: (1) The study re- quested performance measures be implemented, however the measures cannot be developed without first obtaining goals and objectivies from the Council. (2) Organizational changes would be difficult to implement without first again obtaining the Council's goals and objectives for the Department. (3) The utilization of an opinion survey to evaluate the performance of the administration of the department is not accurate (an example cited was the questions asked about the detective division and the results which were misstated in the report). (4) The fact that there was no impact statement included as to the money and manpower needs which would be affected by the organizational change recommendations; and (5) The recommendations seemed to indicate at times that changes were needed for the sake of change and again, the impact statement was not included. The Chief of Police distributed several pieces of material which documented his responses to the study. Included were: the training calendar from the Oregon Police Academy, the chain of command/organizational structure of the department, the commentary by the ABA regarding the standards, guidelines for police evaluation survey's developed by the National Clearinghouse for Criminal Justice Planning and a comparison of various law enforcement agencies in the area from 1979. (c) The City Administrator and Chief of Police proceeded to explain to the Council 'their' opinions on each recommendation. They distributed a ` J matrix with the recommendations set forth in categories and noted the w status, priority, and implementation schedules for each as seen from the City;staff viewpoint with a'note `as to whether there T7ould be any additional cost to 'implement. (d) The recommendations which the staff disagreed with, or took exception to, are set out in full;below.` No. 32 (page 139 in the report) "The functional organization of the Tigard Police Department should be made more effective and efficient by eliminat- ing the Operations Division, moving all administrative/stafffunctions to # the Chief's Office,'and `decentralizing the crime investigation function." No. 33 (page 141) "The position of Operations Division Commander, and the ranks of lieutenant and corporal,should be eliminated;to provide a more effective and efficientcommandstructure for the;Tigard Police Department." No. 35 (page 144 & 145) "The Police Chief Executive of the Tigard Police Department should appoint only one qualified sergeant as an investigative specialist with primary responsibilities to: (1) investigate very ; serious or complex crimes, complaints of personnel misconduct, and -license applicants; (2) analyze crime data; and (3) prepare comprehensive crime PAGE 2 - STUDY SESSION COUNCIL MINUTES - July 21, 1980 y analysis reports for general patrol information." No. 4 (page 45) "The Tigard City Attorney, in conjunction with the City Administrator and the Police Chief Executive, should immediately pre- pare a police governing ordinance that clearly delineates the authority and responsibility of the city council, city administrator, and police chief executive related to the formulation of police policy and control of the police." No. 21 (page 104) "The Tigard City Council should not consider a separate resolution to adopt their police department's operating procedures manual, but rather should consider at the proper time passing a more comprehensive police governing ordinance that ccntai.ns a provision requiring the police chief executive to establish written procedures to direct the operations of the police department, and to review them periodically for any necessary revision." i (e) Comments made by staff in disagreement to the above recoimnendations are set forth by recommendation number below. No. 32 - The Chief of Police is unable to change the organization to such an extent without goals and objectives set forth by the Council and an impact statement as to cost and manpower requirements. No. 33 - The City Administrator quoted court cases around the country where there was found to be more civil liability placed on the city and less supervision of officers if this were implemented. No. 35 - Again the Chief of Police would be unable to change the organiza- tion so drastically without an impact statement on shifting of manpower, case load shifting and cost comparision. No. 4 & 21 - The City Administrator stated the staff agrees with the concept of the ordinance, but requested Council reword section B. (as set forth`;in figure 20 and,page 45 of the report) to eliminate the underlined portion of the following verbage. "B. Appointment and Removal of the Chief of Police. The Chief of Police shall be appointed by the City Administrator with the approval of a majority of the City`,Council, from a listo—F - - eligil3le candidates suPe ied by,thepersonnel officer. The Chief of Police shall serve at the pleasure of the City Administrator and may be removed by ;the City Administrator at any time." Chief of Police suggested the Council might wish to adopt an ordinance for each department head in the City. (f) Consensus of Council was to request staff update the matrix by including status, priority, implementation' schedule_and estimated cost for all recommendations and 'distribute as soon as available. Council also request- ed staff include dollar amounts for the estimated cost if possible with the limited time schedule.` fF Council will set a future date to discuss police study after the matrix is distributed. PAGE 3 - STUDY SESSION COUNCIL MINUTES - July 21, 1980 J _ x 1 3. OTHER (a) Mr. Roger Southerlin, Project Manager, and Mr. Bob Charlie, Project Administrator, for the Storm Water Drainage Study conducted by CH2M-Hill contended that the delay of the study by the Army Corps of Engineers was beyond their control and requested Council pay the additional monies requested to cover the additional time which the study has taken. Consensus of Council was to not pay any additional funds for the study and expressed their concern that CH2M-Hill should have anticipated this possibility when negotiating the original contract in 1978. (b) City Administrator advised Council that TPOA has filed unfair labor practice complaints against the City and requested Council authorize the ?Mayor to sign an agreement with Mills and Associates to represent the City in the litigation process before the Employee Relations Board. Motion by Councilman Cook, seconded by Councilman Brian to approve the contract and authorize the Mayor to sign on behalf of the City, provid- ing the $1,000 retainer fee is refundable if services should not be needed. Approved by unanimous vote of Council. (c) Councilman Scheckla requested staff contact County and request they continue to pave S.W. Frewing Street within their jurisdiction Since the City had paved there are a lot of complaints being received because of the difficulty in driving along the road. 4. ADJOURNMENT: 10:23 P.M. / City Recorder ATTEST: n Mayor' PAGE 4 STUDY SESSION COUNCIL MINUTES - July 21, 1980 r a ;3 � k 3 i � Y i,