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04/25/2022 - Minutes Public Safety Advisory Board Meeting#32 Meeting Minutes April 25, 2022-5:00pm-7:00pm Minutes 5:00-5:05 Welcome,Centering Exercise, Roll Call - Call to Order 5 p.m. - Chair Patty Lofgren led opening of meeting by reading the purpose and mission of PSAB. - She then read the Centering& Breathing exercise. - Facilitator Kim Marshall conducted roll call. Absent: Elise Butera, Emilio Calderon, Lee Landers,Justin Low, Danny Rauda, Shaun Stuhldryer, Nick Jarmer 5:05-5:10 Introduce Alex Richardson–Alex, new Management Analyst and PSAB Liaison, introduced herself to the Board. 5:10-5:25 Public Comment — No comments or requests to speak were submitted. Community members are encouraged to submit comments by emailing Management Analyst, Alex Richardson at: alex.richardson@tigard-or.gov 5:25-5:35 Chief's Update by Commander McDonald: Mediation Services - Chief McAlpine is out on vacation. - Follow-up from last PSAB meeting—Board Member and Police Commander Jamey McDonald brought forth that Beaverton Mediation Services (Citywide, not just through PD) can be used when appropriate and is recommended for dispute resolution. PD refers public to use. Both parties must agree to attend—can be a challenge. - Board Member and City Councilor Liz Newton explained that city funds are made available for people who want to use service. It is offered at no charge to them. - Chair Lofgren wished a Happy Anniversary to Chief McAlpine. 5:35-6:45 Judicial Topics with Judges Oberdorfer and O'Brien Judge Michael O'Brien introduced slides and stated these are the last three items to go over today, as this was a continuation of a previous session on judicial topics within the Tigard Municipal Court.The purpose is to provide foundational material for PSAB members to consider developing recommendations they might make to the Court and/or City Council. Judge Emily Oberdorfer began by covering sanctions—fines, license suspensions, classes, and other procedures.These sanctions are corrective and rehabilitative in nature rather than involving confinement. She covered factors in imposing fines, including those she considers when deliberating the sanction.Judge O'Brien added that the overwhelming majority of cases they see are for traffic violations. He then presented a sample range of fines that are statutory and can be flexibly imposed. Judge Oberdorfer talked about collateral impacts of conviction for violations (insurance rates rise,for example).Judge O'Brien also talked about the consequences of failure to appear on citation and failure to pay a fine, which can include license suspension and collections process. Judge O'Brien talked about"The Deep Hole Syndrome"wherein a resident suffers a cycle of compounding financial ramifications for original failure to appear in court after being cited for a traffic violation.The resultant total for multiple domino violations can far exceed the original fine. The Court tries to make it easy for people to get back into compliance if they have failed to pay a fine or appear in court.They make every effort to put people on payment plans if they need and don't require financial disclosure statements. Board Member Valarie Sasaki asked if there was a sense of the outstanding fines and penalties still owed currently to the Court and if there has been an assessment done. She noted that people might not realize they have outstanding fines or be reluctant to say they can't pay. What is the scale of the unpaid fines and backlog and what's being done to make sure they are aware there can be other options?Judge Oberdorfer replied that she doesn't believe a study has been done regarding that. In terms of going after that money they are owed,they're not doing that now, and have not sent anyone to collections since before COVID. What they have done is reach out to people via letter and email and say"You owe us money, we're here to help and put you on a payment plan." Judge O'Brien remarked that he has never seen a calculation of accounts receivable. Judge Oberdorfer remarked that although they know how much is coming into the court,they don't know how much is owed.Judge O'Brien mentioned that lot of people don't receive the photo citation in the mail–they don't change their address after moving. People don't find out for a year and a default judgement has already passed resulting in a $1000 fine for failing to change address with DMV.The Judge further remarked that many people lack the confidence to deal with the court or are intimidated by the process, especially people who have limited English.They make an effort to provide interpreters although it is not legally required. Judge Oberdorfer asked for clarification: does the city truly not have to provide an interpreter for violations?Judge O'Brien said he supports it but isn't aware of any court cases that require it. In the Tigard Municipal Court,they are always provided though. Judge O'Brien then talked about social justice in Oregon courts, citing data that looks at the practices of stopping, issuing violations, and violation proceedings against African Americans and other BIPOC, particularly in Portland Police Bureau. Board Member Sasaki asked, with respect to education of court personnel—often a community member's first interaction is with court personnel.There may be biases they have that impact how the interaction goes. What training do court staff have to ensure better outcomes aside from the facts of a person's case?Judge Oberdorfer replied that there are courses offered by the city of Tigard (Microaggressions course), DEI book club, the DEI Committee has a liaison for their team, and the team is constantly educating each other.They have a relatively diverse team and are working closely with HR –program due to start in two weeks— a pilot program on diversity before the rest of the City gets it. Board Member Sasaki asked has there been judicially-focused DEI training.Judge Oberdorfer said that the team has not but she has, and Board Member Sasaki asked if there were plans to open that up to the rest of the team.Judge Oberdorfer replied that the city was focused on more organization-wide training, but was looking forward to PSAB's recommendations. Councilor Newton asked Commander and Board Member Jamey McDonald if has training has shifted at all based on recent legislation that passed to remedy disparate outcomes with regard to PPB data? Commander McDonald explained that Portland is a significantly different community and police department. It's difficult to draw comparisons. Has training changed as a result of a lot of legal changes? Yes, a lot of different trainings have changed.They also reevaluated how trainings are done when Chief McAlpine came on–before it became legislated. What can policymakers do?Constantly be checking and making sure that your police department and municipal court are meeting the expectations of the community. He mentioned that Tigard collects STOPS data as well.The main things they are stopping motorists for:speeding or running red lights or stop signs--probably 80-85%of stops. Judge O'Brien noted that the majority are through the photo enforcement program. Number of officer- generated citations has gone down but numbers are higher now because of photo program enforcement.Judge O'Brien said that many handwritten citations do come in for cellphone use, driving uninsured, driving with a suspended license and driving without proper license. Councilor Newton suggested that data be brought to the next annual review with Council. Judge Oberdorfer introduced proposals for reform:fines as a form of regressive "tax" and flexible alternative sanctions reflecting time commitments to work or childcare by converting to community service.The court could instruct them to find their own 501(c)(3) or use a court-created list of nonprofits.Judge O'Brien remarked that that's what was done in Youth Court. Board Member Sasaki asked—if fines are not significant source of revenue for the city, what are the barriers to community services being implemented as a community service?Judge O'Brien mentioned there were concerns about administrative burdens of handling. Councilor Newton said that she believes this is a good idea, she supports it, and this recommendation would be received well by Council. Judge Oberdorfer said she would get something in writing. Board Member Sasaki asked if she needed a recommendation from the Board.The Judge responded that it would be well-received and helpful. Board Member Sasaki made a motion to consider a recommendation to the Court and the Council explore the possibility of a community service option. Board Member Jimmy Brown said he liked and supported the idea of community service as an alternative to fines. He also noted a caution that many NPOs are not set up to accept folks providing volunteer hours in lieu of fines in this way. Insurance requirements come into play; need to check and see if that produces an administrative challenge for an NPO;want to make sure there isn't another burden produced in the process of making one thing better.Judge Oberdorfer assured that the Court could find organizations who will take folks for community service. Current Washington and Multnomah County Circuit Courts lists can be a good jumping off point. Board Member Sasaki reminded all that this would be a recommendation to explore the possibility of doing this as a way to get to more equitable outcomes in Tigard. Facilitator Marshall reminded all that there was a motion on the floor to provide the recommendation. Chair Lofgren asked again for a confirmation of the motion, which was made by Board Member Sasaki. Board Member Brown seconded it.There was no further discussion. Facilitator Marshall took votes and stated Board was above quorum with 9 votes and was passed unanimously with consensus. Judge Oberdorfer said that with the recent change in law telling judges not to suspect licenses for failure to pay,judges are more likely to reinstate with payment plan rather than full payment at State level. Judge O'Brien also brought up an amnesty program for fines that was discussed informally with a group of other judges some years ago, stating it was not effective. Board Member Sasaki asked for clarification where things were at with the idea, and the Judge stated it needed to move to a higher level of formality to be revived and have any impact. 6:45-6:55 Opportunity to Discuss Current Events and How They Affect Tigard Facilitator Marshall reminded people about Farmer's Market signups and encouraged people to sign up to table at the City of Tigard informational booth. She also mentioned that Chair Lofgren and Co-Chair Mott would be presenting at City Council on 4/26 to give the PSAB quarterly report. 6:55-7:00 Wrap-up and Next Steps Facilitator Marshall reminded that there are two more PSAB meetings saved to make and discuss recommendations. Councilor Newton talked about a generative conversation she had with Commander McDonald about mediation services and stated she would like to talk in the future about challenges for the elder community in Tigard. Commander McDonald said the PD has a Detective who is really well- versed in elder abuse.They have also gone out the community many times with flyers and handouts, however it is a challenge in COVID times with this being a vulnerable population. Board Member Brown asked at what point will the group be able to have a discussion on city plans to continue PSAB past June, especially recognizing Tigard will have a new mayor soon in January 2023. Councilor Newton said a recommendation regarding a continuation in some form of PSAB made to Council would be welcome. Facilitator Marshall reminded the Board that the first meeting in June is saved for this discussion. Commander McDonald said that yes, Chief McAlpine will be discussing other options in June with the Board. Chair Lofgren asked if there was a motion to adjourn. Board Member Sasaki made the motion; Board Member Brown seconded it. With no opposition or further questions,the meeting was adjourned.