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City Council Packet - 09/15/1980 TIGARD CITY COUNCIL STUDY SESSION MEETING SEPTEMBER 15, 1980, 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM AGENDA: 1. CALL TO ORDER 2. ROLL CALL 3. TOWN & COUNTRY DAYS EVALUATION - Carol Dendurent 4. M.S.D. RATE INCREASE FOR GARBAGE FRANCHISE - Garbage Haulers 5. POLICE POLICIES/LIEUTENANT POSITION - City Administrator& Chief of Police 6. CONSIDERATION OF URBAN RENEWAL AGENCY FORMATION - Authorize Hiring Consultant - Planning Director 7. LAND USE APPEAL PROCESS - Legal Counsel 8. DEED RESTRICTIONS- Utility Sheds, Shelters or Buildings - Legal Counsel 9. WALNUT STREET SEWER L.I.D. BIDS - Director of Public works. 10. TIEDEMIAN AVENUE L.I.D. PETITION - Director of Pulbic Works 11. 92ND AVENUE L.I.D. CONSULTANT HIRING - Director of Public Works 12. BANDSTAND TRUST ACCOUNT RESOLUTION - Director of Public Works 13. OTHER 14. ADJOURN14ENT 6 14 f A 1 T I G A R D C I T Y C 0 U N C I L STUDY SESSION MINUTES -TSEPTEMBER 15 , 1980 - 7 :30 P.M. t 1. ROLL CALL: President John E . Cook; Councilmen Tom Brian, Kenneth Scheckla ; Councilwoman Nancie Stimler; Chief of Police , Robert B. Adams; Legal Counsel , Joe D. Bailey (arrived at 7 :41 P.M. ) ; City Administrator, Raeldon R. Barker; Director of Public Works , Frank A. Currie; Planning Director. , Aldie Howard; City Recorder pro-tem/Admir.is- trative Secretary, Loreen Wilson. 2. TOWN & COUNTRY DAYS EVALUATION (a) Mrs. Carol Dendurent discussed with Council seven areas of concern regarding the town and country days celebration and set forth ideas to make next year's celebration better. Among those items discussed were, parking, the beer garden and fence, the banner across Pacific Highway and the proposed bandstand for Cook Park. Legal Counsel arrived - 7 :41 P.M. (b) Consensus of Council was to hear a report from the Town and Country Days Committee next spring when plans are more firm. Council discussed the fencing problems around the beer gardens and was pleased that there would be portable fencing furnished next year. (c) Director of Public Works discussed the bandstand project and stated that there was a special fund created to hold monies for the project.: He suggested Council 'look at agenda item #12 and explained that the resolution would allow the City to accumulate interest on the money; in the account. 3. M.S.D. RATE INCREASEFORCARBACE FRANCHISE (a) Mr. Carl Miller, Mr. Herb Frank and Mr. Tom Schmidt discussed the MSD rate increase, garbage charges at the landfills , prob- lems with haulers of recyclable material, and requested Council consideration in °stopping other 'haulers 'coming into their franchise areas. (b) Council discussed the rage increase requested by the franchise holders of 15% overall rate increase and 2.2% for ;the MSD rate increase. (c) Council, staff and franchise holders discussed the problem with regard to the haulers coming into the franchise holder's areas and hauling off recyclable material when the franchise ordinance gives the holder the right to do that job. After ' lengthy discussion; Mr. Carl Miller stated he did want to have City's Legal Counsel pursue a law suit to stop the haulers from infringing on the franchisee's areas . (d) After further discussion, consensus of Council was to adopt an ordinance on September 22 , 1980, to increase the garbage rates by the amount MSD is increasing the rates . Council will consider at the October_ 20th study session the overall rate increase requested by the haulers . It was noted that the Chamber of Commerce Public Affairs Committee was also going to make recommendations on the request. 4. POLICE POLICIES/LIEUTENANT POSITION (a) City Administrator and Chief of Police discussed with Council the Lieutenant 's position opening and recommended Council allow the City to fill from in--house as there are four quali- fied persons currently employed. The recruitment costs would be approximately $2 ,000 to $3 ,000 if the City opens the job out-of-house using LGPI for the testing enity. (b) Councilman Scheckla opposed the idea of going out-of-house for the opening. (c) Council expressed their desire to retain the Lieutenant posi- tion and to open the position out-of-house for advertising in the State of. Oregon. RECESS: 9 :44 P.M. RECONVENE: 9:54 P.M. 5. CONSIDERATION OF URBAN RENEWAL AGENCY FORMATION -_Authorize Hiring of Consultant (a) Planning Director requested Councilconsider formation of an urban renewal agency for the Downtown area (Hall `Blvd..' & 99W to the South end of 'Main' Street , back to Hall Blvd. at O'Mara and back up Hall to 99W) , and allocate funds to the hiring of a Consultant to draft the plan and program. The Planning Director stated that the Downtown Committee was requesting Council release the necessary funding for this pro- ject and noted that it would be approximately $16,000 to $20,000 for the consultant 's fee. In the 1980-81 budget there is $2,500 budgeted to-date. (b) The staff and Council: discussed several ways of financing the agency and talked of Guys to also fund the consultant. (c) Consensus of Council was to hold off farming the agency until staff prepared information from the Committee' listing ;the costs and what the end result would be. Staff to report back at 9-29-80 meeting. PAGE 2 - STUDY SESSION MINUTES. - September 15, 1980 1 6. LAND USE APPEAL PROCESS (a) Legal Counsel requested Council consider the memo and samples he had supplied. (b) President Cook, with consensus of Council , requested staff and Legal Counsel put together a new form for appeals by combining Multnomah County and City of Portland' s forms . Council discuss- ed staff having the authority to set the time limit for the hearing. Staff to supply forms for Council consideration at 9-29-80 study session. 7 . DEED RESTRICTIONS - Utility Sheds , Shelters or Buildings (a) Legal Counsel requested Council not consider enforcing deed restrictions since many of the restrictions would not be legally enforceable and would cost the City money for enforce- ment and in possible litigation. (b) Consensus of Council was to not consider this item further. 8. WALNUT STREET SEWER LID BIDS (a) Director of Public Works reported that the two bids for the Walnut Street LID were 25% higher than the engineer' s highest estimate . He will discuss this problem with the property owners and report back to Council at the 9-22-80 meeting. 9. TIEDEMAN AVENUE LID PETITION (a) Director of Public Works stated staff had received; a petition for an LID in the Tiedeman Avenue area and would bring more information to Council at a later date. 10. 92ND AVENUE LID CONSULTANT HIRING (a') Director of Public Works requested Council authorize staff to hire a consultant to begin the project. (b) Motion by Councilman Brian, seconded by Councilwoman Stimler to hire consultant for the 92nd Avenue LID project. Approved by unanimous vote of Council present'. 11. OTHER (a) City Administrator requested Council give more definate direc- tonas to the hiringprocedure for the Lieutenant' s position. Motion `by Councilman Brian, seconded by Councilwoman Stimler to fill the lieutenant 's position by opening 'up to state wide recruitment through L.G.P. I. PAGE 3 ,- STUDY SESSION MINUTES - September 15, 1980 s Approved by majority vote of Council present 3-1 , Councilman Scheckla voting nay. Chief of Police stated that the Police Department budget is not set up for this extensive type of hiring procedure and would be requesting additional funds to cover the expenses , (b) Director of Public Works stated there would be an ordinance on the 9-22-80 agenda which would reduce the maintenance bond on Launalinda Subdivision from 50% to 20%. He noted that when the project was started the City's policy was to require 50% of the project, however, the City now only requires 20% be posted in the form of a Maintenance Bond, (c) Director of Public works also noted that on the 9-22-80 agenda there would be a storm sewer easement for Barbee Court. (d) Chief of Police reported that the owners of the Family Drive-In have not submitted a letter to the City with a plan for deal- ing with their problems. However, he expected to hear from them soon. 12. ADJOURNMENT: 11:15 P.M. Lo ecorder pro-tem ATTES zx PACE 4 —STUDY SESSION MINUTES - September 15, 1980 r e r � `IGARD TOWN AND COUNTRY DAYS P.O.BOX 238811 TIGARD,OREGON 97223 n 1n DISCUSSION ITEMS - 1980 _ 1. Permits% Fetters to the appropriate agencies were submitted in late May and June. Follow-up telephone calls were made to make sure that all permits were acquired. Copies are available on request. 2. Parkings Would it be possible to acquire adequate parking for future events? It is not feasible to park on soccer fields because of extensive damage that could result. 3. Beer Gardens The committee recommends that the beer garden be fenced by a professional fence company. It is further recommended a professional security person be at the entrance to check I.D. Entertainment will be arranged so that it will not interfere with another Tark activity. k, Banner: The -telephone crew recommended a permanent location be established for the banner. It was also recommended the time to put the banner in location would be better during the mid-morning rather than at 7:30 A.M. as has been done in the past. r Communications The committee would like the Council to attend any• meeting which is held the first Wednesday;of the month. In the futute, if any problems need attention, please submit them to the committee immeidately. 6. Evaluations The committe feels the 1980 activities went extremely well. The citizens and business community certainly supported f all efforts with much enthusiasm. We are recommending 1981 activities include'July 27 - August 2, 1981. A projected schedule of events is available upon request. 7. Bandstands The committee would like to know the future of the bandstand. Is there a_projected completion schedule and a plan to raise funds for such a project? A TION-PROFIT ORGANIZATION IN 0 Phone 399-7754 t .. SUITE 106, RIVI"RGROVE OFFICE PARK _ Research 2111 FRONT ST. N.E. , BLDG. 1 Standards SALEM, OR 97303 Service March 3, 1980 Carl Miller Miller's Sanitary Service 7764 S.W. Capitol Highway Portland, OR 97219 RE: PURCHASE OF OR "FREE HAULING OF WASTES Dear Carl, Can any person other than the franchisees under the Tigard Ordinance haul waste card- board or similar materials where they collect no fee or pay the customer for the waste material? No. The ordinance grants exclusive franchises for collection service by service area. (Section 4 (1) ). Service includes collection and transportation of solid wastes. (Section 3 (9) ). Solid wastes include cardboard and other "wastes". (Section 3 (10) ) . Wastes include "material that is no longer wanted by or is no 'longer useable by the s source of the material, which material is to be disposed of or be resource recovered by ano.her person". The fact that such material may sometimes have value or -b� source separated does not remove it from the definition. (Section 3 (1) '(c) ) Summarizing, cardboard is a waste material no longer wanted by or useable by the source of the material, which may or may not be source separated from other wastes , whica may be hauled only ,by the franchise whether for compensation from the value of the. material or even upon payment to the source of. ,the material. Collecting for a collection fee is, of course, ;also covered. Solid waste placed out for collectionbelongs to the franchisee. (Section 4 ,(6) ): question Two. What if there is no existing`service or the Council directs an, on-route recycling service to be instituted? Franchisees have "first option" to provide service. As -a franchisee, you may provide the_ service without further council approval and you are doing so. (Section 4 '(7) (d) ) . 3f the service= wcrc not ali•e.ady Lesiup provide el, the franctei:seFv has the "first optiotl". (Section 4 (7) (a) -,' (c) ) . Franchinee Tmist be notified of a proposed service by Coxrncil. Franchisee insist be, givcn a reasnuable opportunity .to provide the service. Only , then and only -after "i.sccuance of a franchisee' by the _Cotincil may another person provide the service. Section 4-.(7) (a) - (c) ). Question Three. What was the intent of the orciinance? To provide a basis for "techno- logically and economically feasible recycling by and through solid' waste collectors". (Section 2 (L) , (j) ) . Additional goals, provided for conservation of energy ,and material resources;, eliminating duplicating service, etc. (Section 2' (1) ) S Letter to Carl Miller - continued This is an anti-creaming, ordinance. Where the Council finds that on route recycling is necessary, it will, direct tltat it bre done. Thi franchisee is given first option. The franchisee is encouraged to initiate the service himself rather than waiting for a Council direction he may put costs in hi:3 rate bas, . The ordinance is intended to stop other pennons from cominco into the City and "creaming" the high volume recycling accounts or those where substantial dollar volume is involved leaving the restof re- cycling financially %,rounded or dead. Question Foc:r. tJhat is the intent on administration? There is to be no unregulated recycling in Tigard except for the "Goodwill" type service; fixed base locations existing prior to April 1, 1978; or, nonprofit charitable, benevolent or civic organizations ser- vices. After April 1, 1978, new fixed base locactions require a city permit. The non- profit systems require a subcontract with the franchised collector or a city collection permit. (Section 4 (4) (g) , (it) and (L) ) . Collection permit:: may be issued only upon a Finding that Che ;;UrVjL'e is needed and the franchi:;ec is not providing it. Question Five. Is there any way out from under the ordinance? Yes. The Council may withdraw regulation of a solid waste service by ordinance amendment "on the basis of a finding that such regulation is not necessary for the implementation of, the purposes of this ordinance or a City, County or Metropolitan Service District Solid Waste Management Plan". (Section 4 (4) (d) 'Note that under the MSD solid waste management plan, cities and counties will be asked by MSD to provide for waste reduction. That includes recycling as one of the techniques, One of the incentives suggested is incentives for or requiring recycling in local frac. chiles. Waste reduction is needed to get: a lWw siteforthe MSIR arra. Tt is needed for DEQ adittinistered pollution bond fund :func!s to expand the c:xi tiny; Portland dispos �i site and pay for a new orae. ("1'c°: tirtony of PS I)-;ic:tro J.xecutive Director Rick Gustaphson`, House Interim CommitteeI• on Energy and nvironment,, February 19, 1980, on implementing SB 925, 1977 Session.) Question Six. Is the ordinance enforceable. Yes. Violation of the prohibition against collecting solid wastes without a franchise is a misdeameanor. (Secti.on 19). The material,belongs tothefranchisee. (Section 4 (6) }. Respectfully s—)ui.tt !� General Y,ouusc l RWWE/ts f 10 MEMM y f a i Z E 1 t w `ANDI'3, AEBi & BAILEY LAWYER5 1'-li Ci E'C)RC�I:1-f''Al loll: E7'.II I.:?IIJ Ci PORTLAND. OREGON 97204 E.F I c)t:E:!'.':C?'JI Z221,-1:E 3:' FRED M.AEf3 `-� JOE D.M E JOHN C.MErcERZ. --.. r .- May 28 1980 JAMES M.CAL.LA,At, Y ANNA'M.f/C1-AN H.Et.12A6 ETH GOEbFL Mr. Carl R. Miller, President Miller's Sanitary Service 7764 SW Capitol Highway Portland, OR 97219 Dear Mr. Miller: Waste Paper Products Hauling I have reviewed your May 19 letter and its enclo- sures. I must say I had no question about the meaning of our waste collection franchise ordinance in this context before your letter came to me, and I have none now. Our ordinance prohibits the hauling of waste by anyone other than a franchisee, and it clearly defines waste. in a way 4 which. includes the paper products your letter discusses. Hauling waste in violation of the ordinance is a misdemeanos�,. s I do not disagree with the opinion given to you by i Mr. Emmons in any respect, €: Very truly yours, c I3 c' ' r i JDB/inr ccs Planning Director, City of Tigard ' yy f 3 CITY OF TIGA", OP,I:C0.7 October 7, 1978 OP,DIi1ANICE 110. 78-04 T n " A c• l.ir, CITY CF ,IGA,J) c.T,DAI*7 SECTIO ' 15: (k) All solid -:aster shall he removed from an}, premises ,nt least once every .even days, re nrdless o£ whether or not confined in any container, con Tpactor or droll bolo or cin. (1) IN'o person ,.iIi use amy solid collection-container of kine cubic ynr:.l nil more in c-ipcicity unles.,; it is skill plied by the franchisee or is approved by hia; on. the 'oasis _ of safety, equipment compatibility, availability or equipr.;ent and the purposes of this ordinance. (p) ;o person shall install a stationary compactor for col- lection unless the franchisee has, been notified and has the necessary equipment- to handle the solid wastes. SECTIO.? 13: E FOR .,'."'T OFFICERS. The Cit-, Administrator shall enforce the provisi.ons of this Ordinance, and his agents, including police officers and other employees ,so designated, may enter affected Drerii res at reasonable times for the purpose of * dr.te_m compliance eaith the provisions and terms of p# this Ordinance S 1CTIC'N PENALTIES: Violations by any person of the provisions of Section 2 '(2) or Section 15''(1) (g) through (lc) and (nt); through , (o) r his ordinance. shall .be deemed to be a mi.scfenmeanor and shall be puni.s`inble upon convicti:orn by, a fine of not ,pore than Five :. y Hundred Dollars ($500). A INSTRUCTIONS FOR COMPLE'T'ION OF REVISED SANITARY SERVICE QUARTERLY REPORT 1. Determine what percentage of your route is in the City of Tigard franchise area. 2. Multiply all REPORTABLE EXPENSES by this percentage. 3. The data for the BASE PERIOD QUARTER ENDING column will need to be determined only once each year, or each period between rate adjustments. The data for the initial report should be for the quarter ending March 31 , 1979• This date will be carried forward to subsequent quarterly reports until a rate adjustment Is made. At that time the base period data will be changed to reflect the data from the quarter ending just prior to the effective date of the rate adjustment. 4. The CURRENT PERIOD QUARTER ENDING COLUMN should contain data from your most recent quarter. For your first report it would be the quarter ending March 31 , 1980. 5. The % CHANGE column is to be completed by dividing the number In the current period column by the number in the base period column. 6. A percentage number only is to be put in the % CHANGE column for Teamsters Union Contract, since this is a negotiated figure and reedily available, it will simplify greatly the completion of the form and will eliminate any question= regarding how owners` salaries should be handled. 7. Under REPORT COMPLETED BY at the bottom of the form it should be signed by the owner or corporate officer, with the title of the individual following the name. F i I - EE t- I l 1 i I . t i P" I k j C1'£ OF TIGARD, OREGOii ' ORDINANCE `O.78- 644 GRDIN:'A.NCE RELATING TO THE ENVIRO\:IENTAL, HEALTH AND SANITATION ASPECTS F SGLID WASTE M.A.NAGEMENT IN THE CITY OF TIGARD, OREGON, INCLUDING VETT .q OT LIMITED TO, GRANTING EXCLUSIVE FRANCHISES TO PROVIDE SOLID WASTE SERVICE WITHIN THE CITY; CREATING NEV; PROVISIONS; REPEALING ALL OTHER ORDINANCES A?TD RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE, DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: i SECTION 1. Short Title. This ordinance shall be known as the ' city. of Tigard Solid jYasta Management Ordinance" and may be so cited and pleaded and shall be cited herein as the "ordinance". F 2. Purpose, Policy and Scope. 'It is declaredto be in thepublic interest for the Citya to establish this policy relative to the matters of solid wastement to: (a) Provide sufficient waste volume to sustain solid waste management facilities necessary to achieve resource re- covery goals established by the city, county, State - Department of Environmental Quality and Metropolitan Service District; (b) Provide the basis for a®reements with other governmental units and persons for regional flow control to such fa- cilities (o) Insure safe accumulation, storage, collection, transporta- tion, disposal or resource recovery of solid waste (d) Insure maintenance of a financially stabley reliable 'solid waste collection and disposal service; (e) Insure rates that are just, fair, reasonable and adequate to provide necessary service to the public; M Prohibit rate preference and other discriminatory practices which benefit one user at expense of other users of the service or ,the general public; r (9) Conserve energy and material resources; (h) Eliminate overlapping service to reduce truck traffic, street wear, air Pollution and noise; (i) Provide standards for solid waste service and public re- Sponsibilities;,' and (j) Provide technologically and economically feasible re- Cycling by and through solid waste collectors. 1, P.. SANT'P;'aitYrllCt; L1tJ1:';�t'I:T 1` i:};PO?`t' �3ant vC Fr.anJ�'_.s_. i7ispos�,1 rervi.cenG 23293 ._...- -- _Tc3j�rd. Ot?.._. ---- __�0 - '1't'li'[,hosi t.'r ,J1111t�'rl . 13 ,.;c C'crt tt�cl t.ux'r(.,,lt_ 3,nd.i r7 C3 percg'rxtacte Cham gE ortable 1 terns Pim, .'—L--Lo7 , M<zrch 31 19811 TRUCK 0PE114c' c17 756 S--„- 2"4".x"' .' EXpENSE (includes the following eynenses xas ai,ca diesel, tires, Mali,- tenance ,nd rlpya i r, mi.sce?llareous xoutF' A'f�eiise, shoe �r;taeix> e) 4,735 3 0.1"/ RIC EXpEN ; $3'639 1 nC'Ur;r S tiz<. 1'01 7)r}.1'i1.7 ix'J.• 1,..,cja , ac.c, 1i t le:�ho:ie,C<>nlnu tc�r gcrvices, t�I9e aitch toll ccticas, e.:pe•xse) $15,658 $19,_569 25.0% ., D:CSPt�SPI., Edi F.^I: - Total of Above $51,550 39" en s e C a tie g o t: c�s $37,053._ ------- ESP _ •— -•-----.'.. p 'rcecttac;e con,, • - _ -- ------ itt Teaut�;tei-: - tod -- g,nce i2F COMPLETED By r,f Owne) oC Ci�cx,oratE Of iicor Q,i.ynat11'e page 1 .. ... S(IPt't�r;N91. NT 1L 7Nt+OtZrlA P:CON nresnnt_ V.jl.zrc, rzi lnvt c;tmt-.nt: � !, Qn0 000 a :In l �•:<ri, o.z:t estimated current ? •___ kacili _ r value 2 .. SP r�i LCf:'u T'zQV..r7'•;,,'1 l,i�� i,.i i•a:it-j r.l riit!Il t: - ri( l'.iu` c .�.any The :usri�tyemeni C for. tYae i 1 !a:� -.i:•rl t.7.:.-,n of nurchas.inrJ, k�E°a"::oRrrcl ?li?;acZtj('nit`!it, custo!l"eL' service ari,.i Liz r;t.c,;tur rc l;it.irt!i ;, kaayrol l nq ad11ii. t: rt_inII, ubl..ic' . trZFrt. icins, ir!c.ln+,li. nsL repoct.in.j trI .inrl t:nrirtii z.it.ioii with c�r>t ' r'runr-.r,t,il. age,nc iE?s, it"�'t'lt },urr•!;t >1. ec)mf, my tti<iti irJ ,u rzt ')olli`1G:1, CI t•+;)c.Pl r.)t. `:�)6`Car{1 >•t'1't)1C� ;1r +:1 l:C'.Vt'll]I1" i1a'yn t, `Cid iUoe;J iyt. 1 riii!`.ib. 3. Local 6dac�c: Sc�zZt':; as Inclicatecl by t,hc� current Teamster Scale, i.rzclucla-nc3 oayi-oll t_�z.sc.:., L'ringf�. $ 5���33/weelc benefit,; and elliployee' .itzsur=slices 4; Concentrats.on (,,f Cusrramc rs anil Area SE,rved: Sege Farm Ii an 1 1":CT (ts) f:qr R� l-.iAdjustnzent Dated for description of service aild. types area haundarxes, number ca f: ciastenvers, of service. 5•, Vletllods of Collc!ct:.i.on �,nd Transport?, ?n d Solid —..— a Waste:_I'u11 i r �rcrz�•a,altt� mttiP!r�-,a1 nrn�..� �mrnercial Can an•� d�on_�� - Service 6. J,encctli :t H<7ut t? rsrzsttl Facilities: A— � ons wait cy�stan 73; Futz?re ervice C7t!mands of Is.re i tcz tat i ni_ic r);) (313 Fu Hc: uirenients icer G:nzzi;amtarlt <�ncl l'r z .cosi )e1 Demands in the Ti 3rd Franchise Asea. are rowth of the Franchise Area as x?rr�iccted car all tie7z� � ---� p?y tTigard CityCouncil- he � c' fic inrrcase `in c1 mind is unknown at this time. t . t -Page '2 l .. . , (2) No Person ()..eall; �e (a) Provide service, offer to provide service or advertise for the performance of service without having obtained a franchise from the City of Tigard. (b) Accumulate, store, collect, transport, dispose of or resource recover solid waste except in compliance with this Ordinance, other City Ordinances, and Chapter 459, Oregon Revised Statues, dealing with solid waste manage- ment and regulations and amendments promulgated under any of the foregoing. SECTION 3. Definitions. (I) Compensation. Includes: (a) Any type of consideration paid for service including, without limitation, rent, lease payments, and any other direct or indirect provision for payment of money, goods, services or benefits by owners, tenants, lessees, oc- cupants or similar persons; (b) The exchange of services between persons; and (c) The flow of consideration from the person owning or possessing the solid waste to the person providing the service or from the person providing the service to the person owning or possessing the solid waste. (2) Council. The City Council of the City of Tigard. (3) Franchise. The right to provide service granted to a person pursuant to this ordinance. (4) Person. Any individual, partnership, association, corpora- ton, ,trust, ,firm, estate, joint venture or other public or private legal entity. (5) Putrescible Material. Organic materials that can decompose and may give rise to foul-smelling, offensive odors or products. (6) Resource Recovery. The process of obtaining useful material or energy resources from solid waste and including energy re- F covert', materials recovery, recycling and reuse of or from solid waste. (7) Recycling. Any process by which solidwaste materials are transformed into new products in .such a manner that the original products Tose their identity. ` (8) Meuse. " The return of a commodity into the 'economic stream for use in the same kind of application as before without a = change in its identity. -k+a.ge 2 Ordinance No. 78-LL - (g) Service. The co g ction and transportation ,. solid waste by persons for compensation. (10) Solid Waste. All putrescible and non-•putrescibse wastes, including by not limited to garbage, rubbish, refuse, ashes, wastepaper and cardboard: residential, commevcial, industrial, demolition and construction wastes; discarded home and industrial appliances; vegetable or animal solid and semi---solid wastes; dead animals, and other wastes. (a) For the purposes of this subsection, "waste" means any material that is no longer wanted by or is no longer use- able by the generator, producer or source of the materia.; which material is to be disposed of or be resource re-- covered by another person. The fact that materials, which would otherwise come within the definition of "waste", may from time to time have value and thus be resource re-- covered does not remove 'them from this definition. Source separated wastes are "wastes" within this sub- section. (b) The term "solid waste" does not include any "hazardous waste" as defined by or pursuant to ORS Chapter 459. SECTION 4. Franchises. (1) Subject to the provisions of this section, this ordinance, the City Charter and any amendments to these documents, there is hereby granted to the following persons an exclusive franchise to provide service within the exclusive area shown within a map of existing franchised 'areas on the effective date of this ordinance, which map is hereby;attached hereto, ,marked "Exhibit All, and by this reference 3s hereby incorporated herein. (2) The franchiseesare: Area I (a) Frank's Disposal Service, Inc. , herb Frank, President, 15890 ;SW Colony;Drive, Tigard, Oregon 97223 Area II (ti) Miler Sanitary Service, Inc. Cara. Miller, President, 7764 SW Capitol Highway, `Portland,- Ore. 97219 Area III (c) 5chmidt's Sanitary Service, Inc. , John Schmidt, President, 8325 SN Ross, Tigard, Ore. 97223 (3) Where any area is annexed to the City of Tigard and the area had been franchised by Washington County for solid waste collection. service prior to annexation, the county franchise shall be recognised as to the area, but service, term and other requirements €` shall be 'those of this ordinance. If the area was franchised to anyof those listed in (2); of this section, the area 'shall; b e added by the City 'Manager by amendment: to "Exhibit All. For r. persons other than those listed in (2) of this section, as ac- ceptance of franchise must be signed and recorded as provided in Section c of: this ordinance. Pa-e, 3 Ordinance No. 78- i S (2) As determined by the Franchisee, excessive weather conditions 4 render providing service unduly hazardous to persons providing service or to the public or such terminatiML is caused by ac- cidents or casualties caused by an act of Cod, a public enemy, or a vandal ; or, road access is blocked. (3) A Customer has not paid for provided service after a. regular billing and after a seven day written notice from the date of mailing, which notice shall not be sent less than fifteen days after the first regular billing; or (4) ninety days written notice is given to the City Council and to affected customers and written approval is obtained from the City Council. (5) The customer does not comply with the service standards of Section (15) of the ordinance. SECTION 1.2. Subcontracts. The Franchisees may subcontract with others to provide a portion of the service where the Franchisees do not have the necessary equipment orservice capability. Such a subcontract shall not relieve the Franchisees of total responsibility for providing and maintaining service and from compliance with this Ordinance. F [at TION 13. Enforcement Officers. The City Administrator shall enforce provisions of this Ordinance, and his agents, including police icers and other employees so designated, may enter affected. premises reasonable times for the purpose of determining' compliance with the visions and terms of this Ordinance. SECTION 14. Rules and Regulations. The City Administrator or his designee may propose and prepare rules and regulations pertaining to this Ordinance. The rules and regulations ;shall be printed or typewritten and be main- tained for inspection in the office of the City Recorder. 'All proposed rules and regulations promulgated under the authority of this section and all amendments thereto shall be immediately forwarded to the Franchisee operating under this Ordinance for his response. The <Franchisee shall have 30 clays to respond in writing to such proposed rules and regulations. The rules and regulations and any amendments thereto shall be ,approved by the City Council. followin g said '30 day period. SECTION 15. Containers/Collection Limitations In addition to compliance wI.th ORS Chapter 459 and regulations promulgated pursuant thereto and Section 15 of this Ordirance: (1) To achieve the purposes of this ordinance, to'provent recurring; back and other injuries to collectors and other ;persons, to comply with safety instructions to collectors from the State Accident Insurance Fund; and to comply with safety, health and environmentalsafeguard; (a) - Solid waste cans shall have a round bottom, sides taper- Ing outward to the opening at the top that provides for . unobstructed clumping of the contents, a bail or two handles .can opposite sides, a closefitting lid with handle, not exceed 32 gallons capacity and be watertight in con- struction. Cans shall be made of metal or some rigid 'age '12 Ordinance No. 78 (j} No person sh" I place any hazardous wa.s"e as defined by or pursuant to OHS Chapter 459 out for collection by another person, franchisee or permittee or place it in any container supplied by such a person, franchisee or permittee without prior written notification and ac- ceptance by the person, franchisee or permittee and also upon compliance with any requirements of ORS Chapter 459 and any rules or regulations thereunder. (k) All putrescible solid wastes shall be removed from any premises at least once every seven days, regardless of whether or not confined in any container, compactor or drop box or can. (1) No person shall use any solid waste collection container of one cubic pard or more in capacity unless it is sup- plied by the franchisee or is approved by him on the basis of safety, equipment compatibility, availability or equipment and the purposes of this ordinance. (m) Containers (and drop boxes) shall be cleaned by the customer or user; provided, however, that the franchisee shall paint the exterior and provide normal maintenance. The customer or user shall be liable for damage beyond reasonable wear and tear. , (n) Container customers shall supply a location and properly maintain containers so as to meet standards of the Consumer Products Safety Commission. (o) All loads of solid wastes that may scatter, blow, leak or otherwide 'escape, and whether an ;collection vehicles or others, shall be covered during transit to 'disposal or resource recovery. Cp) No person shall install'a stationary compactor for col- lection unless the franchisee has been notified and has the necessary equipment to handle the solid wastes.; (q) A container for hazardous or other special wastes shall be appropriately labeled and placed in a location ;inac-- cessible to the public. If the container :is reusable, it shall be suitable for cleaning and be cleaned. (See also requirements of ORS Chapter 459 and rules; and regulations "= thereunder). (2) No stationary compactor or other container for commercial or industrial' use shall exceed the safe loadi.na design limit or operation of the collection vehicles provided by the Franchisee serving the service area. Upon petition of a group of customers reasonably requiring special` service, the City Council may re- quire the Franchisee to 'provide provision for vehicles capable r V. of handling specialized loads including, but not limited to, front ' loading collection `trucks and drop-boy trucks and systems. Page 14 Ordinance No. 78 E h '4 ' � • (S) To prevent injuries to users and collectors, stationary compacting devices for handling solid wastes shall comply with applicable federal and state safety reguAtions, (4) Any vehicle used by any person to transport wastes shall be so loaded and operated as to prevent the wastes from drip- ping, dropping, sifting, blowing, or othez•wise escaping from the vehicle onto any public right-of--way or lands adjacent thereto. SECTION 16. Offensive Waste Prohibited. No person shall, have waste on property that is offensive or hazardous to the health or safety of others or which creates offensive odors or a condition of un-- sightliness. , SECTION 17. Unauthorized Deposit Prohibited. No person shall., without authorization and compliance with the disposal site requirements of this Ordinance deposit waste on public property or the private property of another. Streets and other public places are not authorized as places to deposit waste except as specific provisions for containers have been made SECTION 18. Construction. Any finding by a •court of competent jurisdiction that any portion of this Ordinance is unconstitutional or invalid shall not invalidate any other provison of this Ordinance. [Dallars ON 19. Penalties. Violation by any person of the provisions of on (Z) or Section 15 (1) (g) through (k) and (m) through (0) Ordinance shall be deemed to be a misdeamea^or and shall, be hable upon conviction by a, fine of not more than Five Hundred ( 500) , SECTION '�0. EYnergency'Clause. To provide for safe and sanitary solid waste management in the City and thereby preserve the health, safety and welfare of the residents thereof, an emergency ,is declared to exist and the terms and provisions of this Ordinance, except as expressly provided otherwise in Section 6 and in Section 16, 'shall become effective upon'enactment' of this Ordinance. PASSER: By .ijr-• ; ,ws�::tc vote of all Council members present, after being read two times by number and title only, this ?7-h day of ng.ka P 1_ ; 1978. Recorder -pro-tem City o-f Tigard A1PROVED: By the Ilayor this q711 day of 1978. Mayor City of Ti d/ a®e 15 Ordinance No. 78-_k.,5( za =0 IN 1! MORE i N- C RESOLUTION YO. 79- A RESOLUTION ViCREASING THE GARBAGE RATES. ®n December 18, 1978, representatives of the franchised solid waste disposal companies serving the City of Tigard appeared before the City Council to present evidence in support of a request for rate increases. The required 60•-day period hav- ing now passed between the written notice of the rate-increase proposal and this action by the City Council, and the Council having been satisfied by the evidence submitted that the requested increase is justified and necessary on account of increased costs of the conduct of the business of the franchisees, particularly in the fora of increased Landfill fees. The Council also recognizes that increased labor and material costs have contributed to this need for a revised rate schedule. Now, therefore, the Tigard City Council resolves that the following race schedule be adopted, to become effective im=ediately: SOLID WASTE DISPOSAL T'IGARD SCHEDULE OF RATES ¢: April 9, 1979 a RESIDENTAIL - Cans not to exceed 32 galloper 1 Can $5.00 Monthly Charge; one stop per *meek; 2 Cans $9.40 Any hauling or services ;other,than_ Each additional Can $4.45 monthly rates will be based on WILL CALL sates. Extra Charges The followingextra charges per month are applicable to residential rales, (Prices based on ground level). Occasional Extra Can $1.50 VILL CALL 2.rtiQ Second Can 1.50 Service Charge {return for pickup of inaccessible can 5.00 R Bundles (I ft by 5 Vit). 1.50 Boxes equivalent to 32 gallon can 1.50 - - Re-Stares because of delinquency 3.00 One flight of stairs 257 additional Two flights of stairs 507 additional Special Services-Containers Delivered on calf: $14.00 One Time j $ 50/day Demurrage; charge after 48 hours. 12.00 Second Time I Can 2-Cans Can One stop per week x. 30 9.90 3.90 7.80 Two stops per week '1:0.25 X9.00 Three stops per week 15.35 28.45 17..70 3795 15.60 . Four Stops per week 20.45 . a 25.60 47.45 19.50 Five stops per week 23.40 six stops per week 31.05 56.90 Extxa Charm T'ne following extra charges per month are applicable to commercial rates (Prices based on ground level.) Occasional Extra Can 1.50 2.50 jML CLL 1.50 Second Can Servace Charge (return for pickup 5,00 Of inaccessible can 1.50 Bundles (1 ft by 5 kt) 1,50 Boxes equivalent to 32 gallon can • • Re-Starts because of delinquency 3.00 259 additional { One flight of stairs 55% additional Twoflights of stares Plumber of;-Sto s er Week and Char as er Month CONTAINER SERVICE -- LOOSE FIVE Six ONE TWO THREE POUR ONE & 1/4 YARD 34.30 63.40 90.95 117.75 140:b5 160.85Each Additional 30.25 56.00 80.50 104.20 124-50 142.30 ONE & 112 YARD 38-90 75.80 108.60 137.80 166.60 192.80 35.4 5 66.10 97.00 122.25 147.05 169.65 Each Additional 51.25 ' 98.00 7.40.05 177.45 21L•.00 2.58.85 TWO XARD -- 46.05 85.10 118.75 149.00 178_55 206.80 Each Additional 65.40 123.85 175.20 219.80 268.95 301.40 _ THREE YARD Each Additional 59.50" 114.15 163.60 212.05 259.25 289 80 FOUR Y 79ARD .50 152.80 219.90 280.60 336.35 392.90 74.30 145.05 212.15 275.40 329.25 377.4O Each Additional PACE 2 RESOuUTION No: 79Xq - a FIVE YARD 91.75 179.20 262.60 341.15 409.00 481.10 Each Additional 88.40 169.50 248.10 323.15 392.85 461.75 eix YARD 100.70 196.40 288.35 373.70 456.70 534.35 Each Additional 96.75 188.65 276.70 358.20 435.85 511.20 EIGHT YARD 120.50 234.60 342.00 444.45 539.50 630.45 Each Additional 115.20 224.25 326.70 423.85 513.70 599.50 CONTAINER SERVICE - COh3?ACTED ONE YARD 52.75 97.95 141.15 183.0.5 219.10 251.40 TWO YARD 91.55 175.30 251.40 319.65 386.60 466.35 THREE YARD 116.40 224.25 318.95 402.05 492-90 556.60 CHARGES FOR DROP BOX SERVICE TWENTY YARD One Time $75.80 Exchange $69.00 Demurrage $3.00/day after 48 hour THIRTY YARD One Time $94.80 Exchange $87.65 $4.00/clay after 48 hours Milea;e Rates X5.75 per mile over 24 miles roundtrip to the lacidfi.li (authorized) DROP BOX SERVICE COdiPACTED 20 'LARD 93.85 30 YARD 130.05 32 YARD 138.55 A_ 40 YARD 172.95 PASSED: This day of 1979, by the Council of the City of Ti®ard. IL-KaTo -- City of Tigara E ,ATTEST E corder - City of Tigard"` PAGE 3 RESOLUTION No. 79-dly 1 CITY OF TIGARD, OREGON RESOLUTION No. 80•-d'-1, A RESOLUTION ADOPTING NEW RATE FOR GARBAGE COLLECTION. Section 1: The Tigard City Council hereby resolves to adopt a new garbage collection rate for the following service and amend Resolution No. 79-49 by such adoption. DROP BOX SERVICE d COPMACTED 15 YARD $88.50 Per Haul PASSED: This . day of � 1980, by the Council of the City.of Tigard. May - ity of Tigard ATTEST: Recorder' City of 'gard N; SOLUTION No. 80- v TSUBJET: 235.020 DEPARTMENTAL PERSONNEL JOB DESCRIPTIONS PAGE 4 OF IS 235.020 JOB DESCRIPTION - LIEUTENAMT (OPERATIONS DIVISION COM4MDER) 235.020.10 Definition: Works under the general supervision of the Chief of Police. Shall be directly responsible for the patrol, investigations and communications of the Police Department. 235.020.20 Principal Tasks: Coordinates all activities between res- pective divisions of the Police Department. Responsible for the patrol division, investigative division and services division of the Department. Responsible for maintaining an operational. plan, consistent with the rules, regulations and general orders of the Department, which will serve as a guide to the members of each division. After conferring with'Watch or.Divisional Commanders, makes recommendations to the Chief of Police regarding revision or development of programs and procedures. Shall be known .as the intelligence officer of the Departmentsand shall report directly to the Chief of Police. Evaluates overall personnel performance and determines need ,for training programs, equipment and supplies. Regularly;inspects all divisions to insure fulfillment of division and department goals and objectives. Reviews personnel problems and makes effective recommendations to the Chief of Police; recommends individuals for commendation and merit recognition. Responsibility entails directing the preparation of necessary reports on daily activities; interviews individuals and receives, evaluates and acts upon complaints; assigns command personnel to duties within their a SUBJECT: N().- 25.020 DEPARTMENTAL, PERSONNEL OB DESCRIPTIONS PAG E 5 ®F 18 respective divisions. Insures the establishment of harmonious working relationships and infor— mation sharing between divisions as needed for combined crime reduction efforts. 23.5.020.30 Minimum Skills, qualifications & Experience: I. Five years experience in a wide variety of police work, including a minimum of one year supervisory experience. 2. Associate of Science Degree in Police Science or Administration, or any satisfactory equivalent combination of experience, training and education. 3. A thorough knowledge of criminal and police procedural law. 4. Ability to understand and execute difficult oral and written instructions. 'Ability to develop and implement special programs. . Ability to work with minimal supervision. 5. Ability to assign, instruct and review work of subordinate officers and civilian employees. 6. Highly skilled in written and oral communications with fellow officers, public officials and the public. - 7. A working knowledge of the geography of the City... 8. In 'addition to the above, this position requires demonstrated skills (at a satisfactory level) as specified for the Police Sergeant. 9. ` Valid Oregon driver's license or ability to obtain one within 30 days of appointment. i •_ a NO._ SUBJECT: 20 . 2 — 2771 , ORGANIZATIONAL s`rRUCTUFtE OF PA13E_5 r recommends disciplinary action, salary iricreases and changes in em oyment status. For the rpose of transmitting directives and conimunicatio requiring, I the following order through the chain f command shall the order ran prevails City Council City Administrator Chief of Police Lieutenant _ Records Supervisor Sergeant Clerk Dispatcher Corporal cords Clerk Patrol Officer In the temporary absence of a Chief of olice, the operations Divi— tsion Commander shall assu command of the artment.. Should that _ and shall be assig d-as follows, with the officer also be absent, omm approval of the Chief f Folices the best quali ad Division Commander; then any member of a police Department found to b the best qualified. Assignment as sting Chief of Police shall remain is Cite during the absence ®f e `Chief of Police, upon approval by the Cita' A 'nistrator.' thorny The Acti Chief of Police shall be vested with the necessary and r onsibilities to maintain the policies and procedures of t Chi of Police. 2Q5.O30 DUTIES & RESPONSIBILITIES: OPERATIONS DIVISION COPO?ANDER f 203.030.051 The individual responsible for the activities of the Opera— € tions Division shall be called the operations Division Commander. This s to the Chief of, Police for all officer shall be directly responsible SUBJECT: NCS.: 205.030 ORGANIZATIONAL STRUCTURE PAIG EO F 11 matters pertaining to the operation of all elements of the command. The duties and responsibilities of the Operations Division Commander include, but are not limited to, the following: 205.030.10: This officer shall perform functions relating to Depart- me-at personnel: 1. Diligent observation and enforcement of high ethical standards in operations and conduct. 2. Maintenance of harmonious relationships with other police ele- ments and allied agencies. 3. Examination of reports concerning subordinate personnel to insure their proper deployment, supervision and control. 205.030.15 This officer shall collaborate with the administrative division heads, and staff officers for the following general purposes: 1® Coordinating activities of all dz.isions for harmonious working relationships. 2. Improving working conditions for optimum employee efficiency and, morale. 3 Recognizing oustanding performance. 4. Improving personnelperformance in areas of common responsibility. 5. Advancing a sound program for 'earning community confidence and support. 5 Review all available facilities and resources in the analysis of data concerning alleged crimes- 205.030.20: This officer shall promptly obey and transmit all orders of the 'Chief of. Police, insuring uniform interpretation and full com- pliance. om pliance. 205.030.25: This officer shall insure the legal and civil treatment, ; DWI E-NO %205.030 Sly J ` : ORGANIZATIONAL STRUCTURE 7 OF 11 and the protection of personal rights of all persons, and oversee the systematic investigation of all cases of alleged misconduct by Police Department personnel. Operations Division, the Commander shall 205.030.30. As the head of the maintain familiarity with the administrative policy and execution of the service program within the Department's area of reponsibility. such ure that duties of subordinates are properly dose supervision will ins discharged. - i 205.030.35 Responsibilities for general supervision and inspection of all public places within the City„ and the enforcement of laws and ordinances pertinent to the operation shall belong to the Operations Division Commander. 205.030.40: Instances of negligence or violation of law by any other city, state, or federal agency shall be promptly reported to the Chief of.Police. 205.030.45: Operations Division Commander shall maintain hours of duty ina� ccordance'.'with the needs of the Division, but shall be available for duty at all times in case of special need or emergency.' 205.030.50: Operations Division Commander shall submit to ,the Chief of Poli prescribed form and detail, such reports as may be required' to accurately reflect the, problems, services, and activities of the various divisions of the Department. ATTACHED 14ATERIAL IS FOR YOUR REVIEW. THIS WILI, BE DISCUSSED AT THE SEPTEMBER 15, 1980 STUDY SESSION. r " MEMORANDUM August 14, 1980 TO: City Administrator FROM: Chief of Police SUBJECT: Suggested City Council Police Policy Statement RE: As per City Council Request; August 4, 1980 Sir. The following is a suggested City Council police policy statement, as per the first recommendation of the police department study by Dr. Charles Tracy. These policy statements are provided for your review and City Council consideration. A. The Police Department and its resources shall be primarily con- cerned with the prevention and suppression of crime, and the protection of life and property: and, (1) Shall enforce the laws of the United States, the State of Oregon, the ordinances of the City of Tigard in a fair and impartial manner; (2) Shall provide twenty-four (24) hour police service to the citizens of the community; (3) Shall respond immediately to all emergency calls for police service; (4) ' Shall,provide for the safe movement of people and traffic throughout the city; (5) 'Shall provide the necessary investigative support to reported crimes by`citizens of the community; (6) Shall conduct special policemissions based on crime data analysis; (7) Shall be responsive to all calls for service, consistent with department stated goals and objectives, and within the limited resources allocated. Respectfully, R.B. Adams Chief of Police cc: City Council LETTER OF TRANSMITTAL TO ALL PERSONNEL: The rules and regulations contained in thisDepartment Operations Manual are published for the information and guidance of the members of the Tigard, Oregon Police Department, and it is the duty of all members, sworn and civilian, to be familiar with them. Every member must understand that these rules and regulations are not intended to cover every case which may arise in the discharge of police duties; much must necessarily be left to the intelligence and discretion of the individual. According to the degree in which one exhibits these qualities and of one's zeal, activity, and judgement on all occasions, will be judged one's value to the Department. A majority of you have been appointed and have assumed the'' responsi— bilities of members of the Police Department. The trust placed in you who have been so chosen, and the variety and difficulty of the duties which will confront you are of far greater importance to the public and to you;than is generally realized. you must enforce the laws of the United'States, and of the State, and ordinances of City, and act as a conservator of the public peace. You have chosen a most honorable calling which rightly demands`a professional rather than merely an occu— pational philosophy. Personal honor, a dedication to professional ideals, , and devotion to service above self'should be the motives which impel a member to discharge these responsibilities in full measure. Your acts will, at all times, be subject to the observation and possible criticism of members of the public. The welfare of the community, the reputation of the Department, and your success will depend to a large _ { Letter of Transmittal Page i of 11 degree upon your personal philosophy, the manner in which you approach your assignment, and the course of personal conduct you elect to pur- sue, both on duty and off. Nearly all strengths or weaknesses in law enforcement may ultimately be traced to the relative competency and efficiency of commanding officers, and if the police regulations set herein are not properly, impartially, thoughtfully, conscientiously, and thoroughly applied, the fault will surely rest with the superior officers of the Depart- ment. Command and supervisory personnel must, of necessity, exhibit out- standing leadership qualities, the most important of which include sincerity, competency, understanding, perception, and an ever-abiding interest in the development and welfare of the Department and its mem- bers. Command is synonymous with the initiative and .self-reliance in meeting and accepting responsibility. if subordinates fail or neglect i to perform their duties properly, the causes must be ascertained and remedial and corrective action taken. The overall, or long-range goals of this Police Department require that all members continually strive... . to prevent and control conduct of citizens recognized to be: threatening to life and ,property. to aid individuals who are in danker of physical harm, for example victims of criminal attack. . to protect the constitutional guarantees of all individuals,' for instance the right of free speech and' assembly. . to facilitate the movement of people and vehicles in and through the City. Letter of Transmittal Page 3 of II ,.. to assist those who cannot care for themselves; the intoxi- cated, the addicted, the mentally ill, the physically disabled, the old, and the young. to resolve conflict, whether it be between individuals, groups of individuals, or individuals and their government. . to identify potential threats to the wellbeing of the commu- nity and to prevent them from becoming more ,serious problems :for individual, citizens, for the police, or for the government. ... .to .create and maintain a feeling of security and peace within the community. The general policies and philosophies of this Department developed to insure that the above-stated goals are continually realized are embodied in the following policy statements. These are provided for your guidance and direction, and serve as the foundation upon which the Department Opera- tions Manual is based. Primary Police Objectives The Police Department is,primarily concerned with the prevention and suppression of crime, the protection of life and property, the appre- hension and the assistance in ,the prosecution of offenders, the pre- vention"of traffic accidents and congestion, and the recovery and re- turn of lost and stolen property. All Departmental activities and efforts are oriented towards the fulfillment of these obligations in the most efficient and effective manner possible within the legal, ethi- cal, and moral framework of contemporary society. The efficient and effective discharge of these primary objectives and responsibilities is facilitated in part by the grouping of functionally related tasks within appropriate Departmental elements; the delegation s s i Letter of Transmittal Page 4 of 11 of clearly defined responsibility, which is commensurate with authority in specific areas of activity; the provision of singular command through a specific and appropriate chain of command; the performance of routine tasks, resolving differences and making decisions at the lowest possible level of authority; and the coordination of complementary functions of internal elements to prevent divisive conflicts or wasteful, inefficient duplication of efforts. These classical concepts in no way shall be considered inviolable or immutable, and the Department shall continually seek new and better ways of serving the public through innovative and developmental manage- ment techniques. Crime and Crime Prevention ' Crime and criminality are problems of concern to the entire social com- munity, not problems of the police alone. We are charged to prevent and suppress crime and to solve crime once it occurs, and we shall do these things ,to the utmost of our ability. At the same time, we are w realistically aware that we can neither prevent all crime from occurring, nor solve every crime that does occur. To attain the greatest possible degree of success in these endeavors, we require, and must strive to obtain the active cooperation, assistance, and obtain of the Citi- . tens we serve. Two elements are necessary for a crime to occur: the desire of the offender to 'commit the crime and the opportunity to do so. Police efforts are primarily directed towards eliminating and minimizing the opportunity. Desire is controlled by the individual's interaction with the environmental factors which influence criminal behavior. The most effective means available to the police for crime prevention, thus far, is aggressive and conspicuous patrol, with meaningful de- ployment of available personnel in accordance with demonstrated need. Letter of Transmittal Page 5 of II ( To the citizens of a particular area, the assigned patrol officer rep- resents the Police Department. The accountability of crime and vice bility for preventing preventable crimes conditions and the responsi in that area belong to that officer. Members must take appropriate measures when crimes or emergencies occur. Enforcing the Law The primary purpose of law enforcement is to provide the necessary regu- lation of individual members of society, thereby enabling all citizens to be free of criminal attack as they enjoy their constitutional free- dom and liberties. Law enforcement must be directed towards those who, by engaging in criminal activity, interfere with the rights and personal st and detain such a person is not to deny safety of others. To arre that person assured rights, since no person has a right to violate the law? but is rather the duty and responsibility of any member of society, though the police assume the major responsibility in this respect. Enforcement must be selective in order to be most effective in suppres sing and preventingcrime, for it is neither philosophically desirable nor economically practical to attempt to prevent all crimes or to en- to enforcement must force all laws at all times. Selectibe keyed to time and location, to relative importance of the crimes occurring, to crimes prevent crimes which foster able by police action, and to thos additional and more serious crimes. ' Members must excercise some degree of discretion in enforcing the law because of the limited resources available, the ambiguity of some laws, and the purpose of the law other than arrest. When the offense is minor or in violation of a regulatory measure and lacks a spm^i fi r. police objective can sometimes be best accomplished by a courteous war- ning. Regardless of the nature of enforcement action taken, scolding and un- necessary humiliation, inconvenience, and distress must be avoided; we Letter of Transmittal Page 6 of 11 must remain objective and impersonal in our contacts with offenders. The laws and ordinances exist for the benefit of all citizens without regard to race, creed, sex, color, religion, political ideology or social status. it is our obligation to take whatever action may be necessary to enforce these laws and ordinances with equality and im- partiality, though never forgetting their purpose and intent. Standards of Police Service Loyalty: Every member of the Department has an obligation to be loyal to superiors, and the administration of the Department, so long as those persons are performing lawfully and ethically, in accordance with and in support of the policies of the Department, and the ethical standards of the law enforcement profession. Of even greater importance is the obligation to community and society as a whole, for public service is the sole justification for the position. Loyalty is and must be reciprocal in nature. Supervisory and command personnel must, in return for their subordinates loyalty, be concerned for their welfare and fully support them in their proper actions. This ` does not include, however, protecting them from just consequences of misdeeds. Although there must be abiding mutual loyalty among members, dedication and loyalty to the welfare of the organization should transcend indivi- dual loyalties. An over-protective attitude towards another member who violates the law and/or Departmental regulations is damaging to all pro- fessional law enforcement officers and the citizens they serve. i Personnel: The Department is obligated to attract and select the mnet qualified persons available for appointment into the police service. It must be realized that the future leadership of the Department and coa- tinued advancement of the law enforcement profession will depend upon 1 Letter of Transmittal Page 7 of 11 those selected and appointed. All Departmental appointments of personnel shall be made without re- gard to race, color, religion, national origin, political ideology, marital status, sex, age, and mental or physical handicap, except where it is based upon a bona fide occupational qualification in accordance with the City's Equal Employment opportunity Policy and Affirmative Action Program. The Department is obligated to develop and administer a personnel program which assures proper placement of personnel, and provides for career and Departmental development, and the utilization of potential capabilities of all members. Each member of the Department, regardless of their assigned tasks, is an important member insofar as the task contributes to the achievement _ of the basic objectives of the, police service and insofar as the task is performed in a satisfactory.manner. Members who become partially disabled will be assigned duties re- quiring police knowledge and which makes maximum use of their unaffected abilities whenever such assignment is compatible with the public safety and needs of the community. Training: Training is a continual never-ending process involving all members. The purposes and benefits of training are the professional and personal improvement of members and therefore. the more efficient and effective accomplishment of Departmental objectives. Training is a responsibility and function of command. Each and every Cnmmpna4ro And supprvi gory officer is obligated to p,.,-vide, training to subordinates, irrespective of particular assignment or the presence of (- staff training personnel. 111,101 M .y Letter of Transmittal Page 3 of 11 All members of the Department are encouraged, in addition to Depart- ment training, to further their formal education for the purpose of increasing their ability and potential within the law enforcement pro- fession and for the purpose of meeting more fully the demands of good citizenship. Discipline: Discipline is a state of training and a mental attitude which fosters voluntary compliance with policies, regulations and pro- per conduct. It is that •which prompts individuals and groups to wil- lingly conform to desirable patterns of conduct and to observe rules, regulations and procedures deemed necessary to the attainment of an objective. Proper discipline stimulates harmony and efficiency, facili- tates coordination of effort, promotes high morale, and encourages pub- lic acceptance and support. Discipline is not synonymous with punish- ment, for a well-disciplined individual or group is often the one least c, in need of punitive action. Violations of rules, regulations, and orders nevertheless may require punitive disciplinary action. When necessary, this action must be ad- ministered properly and equitably in order that it be effective. In determining the action to be taken, the motive, intent, or reason for the violation must be considered. Punitive action is to be viewed as a learning process, and every effort should be made to enable the offender to recognize and admit that the action was wrong and to understand that the prescribed punishment is deserved. Discipline is a responsibility and a function of command. Supervisory and commanding personnel are given authority to fulfill their responsi- bilities and are expected to exercise it to that end. When repeated misconduct occurs despite disciplinary action, a determ; .,cion must be maria aR rn whatbpr the fault rests with the offender, the s,,ervisor, or other circumstances.. Allegations of Misconduct: Members of the Police Department, charged e 1 Tetter of Transmittal Page 9 of 1t with the obligation to enforce compliance by the public with standards of conduct established by law, have an even greater obligation to police themselves. The standard of conduct which members must observe is on a higher level than that expected of the average citizen. They must not only avoid misconduct, but even the appearance of misconduct. _ In order to protect both the citizens and the Department, all complaints gainst members must be and allegations directed a thoroughly and objec- tively investigated. Unfortunately,- because of their resentment to police authority, and for other reasons, some citizens falsely accuse police officers of misconduct. A thorough and objective investigation will vindicate and support the member who is the object of such an un-- ctive investigation will also reveal sustained charge. Thorough and obje the member whose conduct has betrayed the trust and tarnished the image of the Department. Failure to detect such individuals and take appro- morale and fraternal spirit of the entire De- priate action damages the partment and undermines public confidence and support. In order to protect innocent members from unwarranted and .injurious publicity, information resulting from investigations will be treated as confidential unless otherwise directed by, the Chief of Police. The necessity and desirability for continuous internal inspection to assure compliance with established regulations,and procedures is wens recognized. Members should realize that such inspections do not consti- tute an affront to them, but are safeguards for the maintenance of high ethical standards in their chosen profession of law enforcement. It is well recognized that the only person who makes no mistakes is the one who takes no action. I Any action involves ,prior 'decision, and there must inevitably be some honest mistakes in judgement and its resulting actions. Such honest and unintentional mistakes are expected and excus- able. However, any police effort to conceal or deny the same is not ting justified. Openly admitting'a mistake is the first step toward correc Letter of Transmittal Page 10 of 11 it and preventing its recurrence. Records and Crime Statistics: All information_ on criminal and traffic incidents reported to the Department, and all police action taken must be recorded accurately and completely. Only by doing this can trends and patterns of criminal and traffic activity be identified, the scope and nature of our crime problem analyzed, and proper and effective police action be taken. Crime and accident statistics reflect only those incidents reported to, or discovered by, the police and therefore do not indicate all incidents which occur. The public should be encouraged and urged to report all crime and traffic problems. This may increase the statistical incident rate, but the more data which is available, the more effective the police can be in the solution of crime and traffic accident and congestion_ problems. Vice and Organized Crime: Gambling, prostitution, illegal traffic in narcotics, and illegal operation of liquor establishments provide fer- tile ground for organized criminal activity which adversely affects the entire community. Vice conditions and organized crime activities are not to be tolerated in any form for any reason. Each and every member is charged with the responsibility to report or take appropriate action concerning any known or suspected violation coming to their attention and will be guided by official policy and procedural statements which will aid in properly performing vice repression and prevention duties. In keeping with these generalphilosophies, the rules and regulations of this Department, which follow, call for a high';lcvcl; of profcs�dLial, , dedicated service to the citizens of Tigard, Oregon. You have my Letter of Transmittal Page 11 of 11 personal encouragement and support in this challenging task, and I wish each of you success and good fortune in your quest for quality law enforcement and service to the public. Robert B. Adams Chief of Police MEMORANDUM f September 9, 1980 TO: City Administrator FROM: Chief of Police SUBJECT: General Commentary on the Report RE: An Assessment of the Management and Operations of the Tigard Police Department: By Dr. Charles A. Tracy, May, 1980 Sir: The following comments are provided for your review and consideration, to assist in the decision making process relative to the study in general, and specific reconunendations included therein. To fully understand the implications of the study conducted by Dr. Tracy, requires a clinical investigation of the quality and quantity of the recom- emendations from a practitioner's point of view, rather than an academican point of view. A. General Commentary on the Report 1. To the casual reader of the report, it tends to lead one to believe that the Tigard Police Department is ineffective and inefficient. However, I wish to bring your attention to;Appendix #1 - Oregon Law - Enforcement Council (O.L.E.C.) Report by Crime Analyst Jim Carter. It should also be noted that the comparative cities used by Dr. Tracy are all rural cities, with the exception of Oregon City. The (OLEC) study used 11 urban cities in the Portland metropolitan area, Tigard ranked third out of the 11; and of the average.of 10 cities, Tigard ranked number one in this statistical performance comparison, -with the exception of one 'category, property recovered. 2. Dr. Tracy stated: "Effectiveness and efficiency can be improved at no addit. onal cost." Yet, recommendations 29, 13, 31, 2, 22, and 15 all require substantial cost. Recommendations 29, 13, 31 will require a crime analyst with a computer system background. 3. No onsite investigation was conducted as indicated on page 9 of the report, as part of the scope of. the;study; perhaps if that work had been done, recommendations 14, -18, 19, 23, 12, 38, 36, 37, 26, 27, 28, 15, 17, and 16 would not have been included in the final recommendations, all of which are online and in effect prior to the study. 4. A list of names with phone numbers were given to Dr. Tracy; he assured me that they would all be contacted by phone or in person. ;Out of approximately one hundred and fifty, three were contacted, who were included in the list of eight who he interviewed at length. M k 0 Tracy Report Page 2 September 9, 1980 f . .Another major and glaring problem with the study is the fact that the scope of the study was expanded. The statement of justification was, "Because I felt it was important to help improve their police service." (pp. 8 and 9 of the study) I find no evidence in the study relative to what or how much improve- went in police service would or might be expected to occur if the recommendations were adopted. I wish to bring your attention to Appendix #2 -- pp. 136, 137, 138, and 139 from the text by Thomas Lynch, Public Budgeting In America 1979 Commentary on Analysis and Presentations of Results. Also, a comment from this same text, page 280, "The complexity of recommendations can mean less productivity." In other words, the added work that may be generated by the adoption of specific recommend- ations may in fact have a dysfunctional impact on productivity. 6. with regard to four (4) specific recommendations in the project, it is my opinion that Dr. Tracy's study is inadequate with regard to: 1) consistency and logic of recommendations; 2) substantiation and documentation of findings; and 3) interpretation of data. Refer to Recommendations 32, 33, 34, and 35. My analysis has led to the identification of the following seven (7) central problems with Dr. Tracy's report: a. The main theme of Dr. Tracy's study is the need to establish policies, goals and objectives to guide operational and management decisions. Yet, Dr. Tracy recommends both operational and'manage- ment changes which should be dependent upon those policies, goals, and objectives, (Applies to Recommendations 32 and 33) b. Dr. Tracy relies heavily on the use of the American Bar Association (ABA) and National Advisory Commission (NAC) ,standards_to support his recommendations. However, the ABA and the NAC both indicate that their,standards cannot be universally applied, .and the ABA even stated that their standards were intended as "educational1° for lawyers, and not as a'model`for 'police,agencies. (See Appendix #3 ABA Commentary) Dr. Tracy failed to make reference to this in his study.' In addition, Dr. Tracy failed to analyze how each standard, if they were used as;guidelines, should be modified to fit the variables present in the City of Tigard. (See Appendix #4 PP. 10-11 Commission on Accreditation for Law Enforcement Agencies). c. Utilization of a personnel opinion survey to guage management decisions is a totally inappropriate data;gathering device, LIM (Refer to personnel survey, P. 174 of study, Question 8, relative to performance and assignment to the Detective Division). a Tracy Report Page 3 September 9, 1980 d. Certain recommendations are contradictory when compared to each other and the standards on which they were based. (Example: Finding 31 re: functional specialization; and Recommendation 34 versus Recommendations 35, 36, and 37, - pp. 137, 143, 145 - Tracy Study). e. Dr. Tracy failed to conduct (or even identify the components of) a cost/benefit analysis relating to his recommendations. In one specific area where I identified these components, the recommendation seemed far less attractive than as presented by Dr. Tracy. (Refer to Recommendation 32 and 33, pp. 139-141 vs. Recommendation 14, pp. 91-92) . f. I cannot agree with those recommendations which suggest change for change's sake. The lack of documentation for and contradictory nature of some of the recommendations seemed to indicate that that was the case. g. Some of the recommendations require major shifts in work load within the organization. Dr. Tracy failed to provide impact statements which analyzed the implication of those shifts. B. Implementation Plan NOTE: References to the recommendations will be consistent with the revised matrix of July 31, 1980, which is organized in specific categories; subsequently, the recommendations 'will`'not be referred to in numerical order. 1. Coals, Objectives and Performance Measures a. Rec._ #1 (a). Agree with recommendation; requires City Council to develop broad police'service policies; under Council`consideration at this time, and is a high priority. Rec. `#1 (b). Agree with recommendation; development of departmental goals, objectives and priorities is dependent upon l (a) above`. However, the department lona range goals and objectives are clearly stated, and do not lend themselves to frequent change. What is needed now, dependent upon City Council's stated police policy, is the development of shorter term,police goals and objectives, consistent'with priorities and allocation of resources. This is a Y,igh priority. b. Rec. #5. Compare service demand to objectives. Agree with recommend- ation; dependent upon 1 (a) above) High priority. c. Rec. '#8. Compare patrol activity to stated objective. Agree with recommendation; dependent upon 1 (a) above. High priority. ` ( i Tracy Report Page 4 September 9, 1980 d. Rec. #29. Develop management information system (MIS) (Data ;= Processing) to identify trends. Agree with recommendation; requires crime analyst with computer background, substantial cost and 1-3 year estimate of time to implement. Medium priority. e. Rec. #3. Develop performance measures for police services to assess annually. Agree with recommendation; requires goals and objectives of 1(b) above, analyst, and the cost would be minimal as it relates back to Rec. #29 above. High priority. f. Rec. #13. Apply measures. to crime prevention activities. Agree with recommendation; however, as Dr. Tracy applies the measurement . theory to this recommendation, there is substantial cost involved, as it would require an analyst. It is my opinion that we should be concerned with the number and types of crime prevention programs, and number of people provided this service, and a comparison of increases or decreases in the crime rate as a measurement. The crime prevention activity is not a funded program as such at this time; it would require personnel to provide this service on a full time basis. Medium/low priority. 2. Organizational Structures and Management Responsibilities a. Rec. #14. Review responsibilities of each position classification plan. Agree with recommendation; however, this recommendation tends to conflict with recommendation 33, and is dysfunctional. Recommend- ation 14 suggests that something should be done tcL enhance the role of the patrolman because of limited promotional opportunity; recommendation 33 says, "Abolish the lieutenant and corporal ranks." The position classification plan has been completed, the new 'police manual clearly establishes responsibilities; essentially this recommendation is on line at this time; the new longevity plan in the TPOA contractwill go far to enhance ,the role of the patrolman. This is medium priority at this time, as the majority of the work is done. b Rec. #33. Abolish Operations Division Commander Lieutenant and Corporal ranks.. l "disagree with this recommendation; similar to recommendation 32, this recommendation proposes reorganization without delineated goals and objectives. To reorganizewithout having first established the intended,direction and purpose of the organization is to violate the concept of establishing policy guide- lines and goals and objectives. In addition, an assessment of the impacts '(work load or otherwise)' resulting from the recommendations to eliminate the positions of lieutenant and corporal were not included in the:study. Those 'impacts are likely to be significantly negative, both inside and outside of the department, if the recommend- ation is implemented without first having some idea of which organi- zational units will "pick up the slack." Tracy Report Page 5 September 9, 1980 It is important to note that the conclusions reached by Dr. Tracy are not documented. That is, there is no explanation of how this reorganization will make the Tigard Police Department more effective or efficient, or why it is assumed to be ineffective or inefficient. Nor is there support documentation that proves conclusively that Tigard Police Department is now ineffective or inefficient or, at FA least, the estimated amount of improvement expected as a result of this recommendation. This recommendation gives no consideration of the city's responsi- bility to provide seven (7) days a week, twenty-four (24) hours a day patrol division supervision and to supervise investigations. The need for adequate, on scene supervision to minimize potential danger to officers and citizens in emergency situations. Additionally the lack of readily available supervisors for patrol and investigative activities significantly increases the risk of civil liablity of the city from resultant poor operational decisions. The following are example cases in which proper supervision was an important element of government liability: .-- Gardner vs. Village of Chicago Ridge, 262 N.E. -d 829 (Ili.. APA• 1970) Thompson vs. Johnson, 295 F. Supp. 1025 (D.D.C. 1966) -- Norton vs. McKeon, 444 F. Supp. 384 (E.D. Pa., 1977) -_ Wenthrich vs. Delia, 341 A. Supp. 365 (N.J. Supor., 1975) _- Rodriquez vs. Ritchey, 539, F 2d 394 (5th Circ. 1976) Stewart vs. Federal Protection Agency, U.S., 'Dist. Ct. (D.DC., 1976)' (This recommendation also is counter to recommendation 14, as mentioned above, in that it significantly impacts the recommendation to enhance the role of the patrolman, by eliminating two possible promotional steps within the organization. If this recommendation should be adopted, the trained and experienced personnel we now have will be taking jobs in other agencies that can offer greater ' promotional opportunity) I mast take issue with the statement in Dr. Tracy's study which says: 1PThe advantages of this ,`((reduced) rank/col'structure far Outweighs the,personal distress associated with demotion." Apart from the quoted statement, there is no indication of ,the cost incurred as a'resultof this decision, and only a marginal reflection of the benefits. igg R2g 1 Tracy Report Page 6 September 9, 1980 f . . Stated Benefits: Elimination of multi layered rank structure which inhibits effective direction, control, and coordination. Identifiable costs not addressed in this recommendation: Impact on morale Organizational disruption Loss of upper mobility -- Loss of routine field supervision (increased liability exposure) _.- Work load overload - including decreased quality of performance by sergeants as division managers/commanders _- Loss of management flexibility to provide supervisory control on special missions (i.e., drug or vice investigations) In the absence of any examples of ineffective direction, control, and coordination caused by the way the organization is currently structured, I must conclude that there are no such identifiable problems. If such problems do exist in the Tigard Police Department., t but could not be documented as being caused by organizational structure, ional structure is the wrong solution. then to change the organizat The major theme of recommendation 33 and 32 is decentralization. I will address this issue at this time rather than repeat it in the following discussion'of recommendation 32. As in recommendation 32, Dr. Tracy proposed reorganization of ,the department and a reduction,of supervisory personnel with having a clearly established definition of purpose as reflected in city policies and department goals and objectives. N.A.C. Standard 5.1 The essence of the following statement 'is included on page 105-106 of the NationalAdvisoryCommission on Criminal Justice Standards and Goals for Police (January) 1973): "Personnel at all levels of command must be equally in touch with the needs and desires of the public. When police commanders are remote from the public, they do not appreciate the needs of the e this, they people and not only decreasprovide weaker leadership for line personnel." It is true that commentary on NAC Standards for Police makes the following statement: "The;organizational structure should be designed to facilitate direct assistance and service by line units, and retain command close to the people..," ` The 'report goes on to say: Tracy Report Page 7 September 9, 1980 t " 'Large' (quotes added) police agencies cannot be sensitive to public needs when the agency operates through a centralized organi- zational structure. On the other hand, if agencies are decentralized, they encounter greatly increased (underscore added) problems of control, coordination, communications and logistics.41 This is followed up with the following statement: "To attempt to set universal standards for decentralization would be difficult for line or staff elements. The determinates are too variable: number of personnel; jurisdictional geography; homogeneity of population, and land use are some examples. Each agency consid eying decentralization must weigh all facts and should decentralize its line units only after comprehensive research and planning have established that the advantages of placing the command closer to the people, for example, would outweigh the disadvantages. Even then, the agencies should decentralize only to the extent necessary to gain, specific advantages." In my analysis of Dr. Tracy's study, it is not clear whether the command personnel in the Tigard Police Department currently have contact with the public, regardless of the way the organization is structured. If Dr. Tracy had conducted the on-site investigation, he would have observed a continuous interaction between the Citizen and command personnel. In addition, one should note carefully that {. the 'NAC Standard, while attempting to improve communication between the;public and.police, should, as mentioned earlier, be context in terms of the proper'role of the police department to obtain feedback in the community versus the City Council responsibility` to 'assess - needs for 'service. 'Public input from the community received .by police managers may be useful for putting a budget or new program proposal together for consideration by the City Council. But, in noway should this type of'input`supplant Council provided policy guidelines on service level for the community. In review of NAC Standard 5.1, I can find no suggestion that supervisory or command positions be eliminated, only that the organization:should'be designed to place corirand'personnel close to the people; and further, this recommendation or standard relates to "large" agencies as most of the standards and studies referred to in fir. Tracy's study. However, those references are completely absent in the text of his work. Dr. Tracy's reorganization proposal is certainly not an'alternative that clearly spells out the positive versus the negative impacts on the 'department or community prior to implementation. This appears" to violate the'spirit of NAC Standard 5.1.3., as reflected in the ` above quoted commentary statements. Tracy Report Page 8 September y, 1980 ._ If direction, control and coordination are problems in the police department, then a much more in depth analysis than what was included on pages 140 and 141 of Dr. Tracy's study would be needed to be conducted to insure that the causes of the effects are indeed related to organizational structure. A decentralization effort, without fully understanding these impacts might, in fact, cause greater probelms than now exist, if any do really now exist. For example, NAC Standard 5.1 works ". ..for large police depart- ments, increased decentralization could increase problems of control, coordination, communication and logistics." While Tigard Police Department might not be considered "large", it is also not small. Therefore, the principle could still apply and is, in fact, contrary to the statements made on page 140 by Dr. Tracy, which says that the multi-layered rank structure inhibits effective direction control and coordination. I must conclude, therefore, that before such reorganization should be accomplished, a full analysis of both the cost and-benefits, as identified above, should be completed so that Council can make a rational resource allocation judgement as it pertains to delivery ' of police services. I find that there is apparent difference between organization charts as identified-on Figure 28 p. 140 of Dr. Tracy's study pertaining to functional operation versus the lines of communication within the department. In reality, the functional operation and management of the department is organized as follows: CHIEF OF POLICE LIEUTENANT (Acting,Chief) RECORDS 61ATCH DETECTIVE DIV. COM. SUPERVISOR COi 1AND SERGEANT (Sergeants) This is contrasted with formal lines of communications within the police environment, and which are called the, chain of command. The chain of command is universally accepted within law en orcement agencies as the proper way in which information should flow through' the organization. Managerially, while the lieutenant has rank and ultimate authority, below that of the chief of police, to make operational and management decisions in the Chief's absence,. in effect, each of the sergeants and the 'records supervisor have direct management communication with the Chief himself. Tracy Report Page 9 September 9, 1980 f•_. i Dr. Tracy's study ignores the fact that it takes 5.2 sworn supervisors to operate the patrol function twenty-four (24) hours a day, seven (7) days a week, plus the supervisory requirement of the investigative division; he ignores the liability of the City to provide supervision. To reiterate the points stated above, in the absence of any examples of lack of direction, control or coordination included in the study itself, I must conclude that there is none. If there are no such problems, then there is no need at this point to address non- existing problems by a restructuring of the organization. This appears to be a clear case of change for change's sake. c. Rec. #34. Limit specialized positions. I agree that specialization should be limited. The issue of consistency and logic surface with this recommendation; which suggests eliminating the Investigative Division, yet, recommendation #35 suggests that an Investigative Specialist be created. Recommendation #36 suggests creating a juvenile specialist. Recommendation #37 suggests that a traffic specialist be created. The irony of all this is that we have had an investigative, juvenile and traffic specialist for years; that specialization is limited to needs. On pages 46 and 47 of Dr. Tracy's report it addresses the ° distribution of the police budget allocation by division, the ` InvestigationDivision's allocation is 15% and that the resource distribution is "reasonably consistent with the practices of similar sized police departments." Now, this suggests that all other police departments are wrong in allocating 15% of the police resources to investigations; or that Dr. Tracy's assumptions are wrong. I will pursue this discussion in recommendation #35 in more detail, as this one and #35 overlap and focus on the_same<issue. < d. Rec. #35. Create Investigative Specialist. I disagree with the recommendation. One of the fundamental problems with the statistical analysis, as conducted by Dr. Tracy regarding this recommendation, is that there is no differentation made between the types of crime handled by the investigators and those handled by the patrol officers. By their nature, certain crimes require a significantly greater`'investment of time than others. The essential problem that this presents is that 56%a of the cases that are being,investigated by the investigative unit are those that are most time consuming, and have the least number of leads to pursue, or are those types of crimes which are expedient (political or otherwise) to pursue whether or not any leads 'actually exist. A transfer of 4,265 hours to the patrol function could have a significant impact on the service level provided by that unit. This, particularly, would be the case ;if what is intended is to spread the work load among the twelve- (12) general patrol officers. This represents an average work load increase of approximately 17%; 1. Tracy Report Page 10 September 9, 1980 ti = or 355 hours per year, per officer. On the other hand, if the intention is to assign all of this work load to one or two positions within the patrol unit, then this would effectively reduce patrol i operations by an equivalent number of positions, and will have I accomplished nothing but transferred specialization from one operating unit to another. It is important to note that the current method of operation, which combines preliminary investigation of the patrol officer with follow- up investigation, including case preparation for the district attorney's office, by the investigative unit, results in a 3.3% greater major crime clearance rate than the average of ten (10) other cities in the Portland metropolitan area (excluding Portland). Refer to Appendix #1. Tigard is, in fact, the third highest among those ten cities. There- fore, it must be.concluded that, while there is always room for improvement, there, again, does not seem to be a problem that needs to be addressed by organizational restructuring. In fact, it appears that the issue is contrived and may result in adverse effects on performance not only in the investigative area, but probably most importantly, in patrol response time capabilities. Dr. Tracy refers to the Rand study p. 144; however, he fails to point out that this study focused on cities with a population of a hundred thousand or more, and police agencies with 150 or more members. See Appendix ##5 Police Productivity by the National institute of Law Enforcement and Criminal Justice, p. 9. It `should;be noted as well that the effectiveness of the patrol officer conducting investigations are subject to the economic law of diminishing returns. That is if they are assigned morecases to investigate and they maintain the same existing work load;' ' responsibilities' (i.e., general;patrol and response to emergency and non-emergency-calls for service) ,'theireffectiveness, 'in terms of clearing crimes, will drop significantly. Therefore, whatever efficiencies (,in this case, possible budget savings) would be gained as a result of demotions'.and work load transfers, would be lost by a major decline in investigative capability and performance (if defined in terms of clearing major crimes). Tigard's leader- ship in"clearing Part I crimes may drop significantly fromthe third place position it now holds in the Portland metropolitan area to some level significantly` lower than that. Without established performance objectives, Dr. Tracy assumes that clearing'crimes is the primary objective of the investigative unit. His entire analysis and subsequent recommendations are based on which unit (patrol or investigations) can clear more crimes per work hour invested. The,question that this raises is how can one>base-a major reorganization and work load redistribution effort on an "assumed" performance objective of that organization. I feel that this is k Mingg MW t x ME Tracy Report Page 11 September 9, 1980 ` reflective of a major problem in logic that affects several of the recommendations in the study. That is, suggesting in the first place, the need for established service level and management guide- lines, but proceeding to propose major changes prior to the formal .establishment of those guidelines. This.type o approach to an operations analysis study, once again, seems to indicate that the author recommended change for change's sake. I find that, according to a statement in Dr. Tracy's study (page 144) sworn personnel, responding to an anonymous questionnaire, indicated the way personnel wthey were not satisfied with a general performance of the investiga- give division, nor the assigned to it. A review of the support documentation revealed that these conclusions were erroneous. Based on the two questions listed on page 174 of the study that deals with this issue, I find the following: There are twenty-two (22) respondents, and only twenty--one (21) sworn personnel in the department, which includes the Chief and Lieutenant, who did not participate in this phase of the study. This means, based on the types of questions that were asked, the validity of the three or more non-sworn employees' responses could be debated. In the first question, six (6) of the twenty-two (22), or twenty seven per cent (27%) indicated that they were dissatisfied with the performance of the investigative unit; six (6) of twenty-two (22) or another twenty-seven percent (270/6) indicated that they were neutral, or had no 'opinion on the subject; and ten (10) of twenty- two (22), or forty-five percent (45%) indicated that they were satisfied or very satisfied with the performance of the investigative unit. In the second question, ten (10) of:twenty-two `(22) or forty-five percent (45%°) indi`tated they were either very dissatisfied or _ dissatisfied with the way personnel are assigned to the int ga- (1i% give unit; three (3) of'.twenty-two (22) or fourteen percent (14%)) indicated that they were neutral or had no opinion; and nine (9)' of twenty-two (22) or forty-one per cent (41°4) indicated that they were very satisfied or satisfied with the way personnel were assigned to the investigative unit. Even if both questions are combined, the results are as follows:" Sixteen (16) of forty-four (44) or thirty six percent (360/*) are; very dissatisfied or dissatisfied with the function of the investi- gative`unit 'or assignment thereto; nine (9) of forty-four (44) or twenty per cent (20%) indicated that they are neutral or had no opinion on this subject; and nineteen (19) of forty-four (44) or forty three percent (43%) indicated that they are satisfied or very satisfied with both the''general performance of the investigative unit and the way personnel are assigned to it. l ( F Tracy Report Page 12 September 9, 1980 i I can only -onclude from this that there was a total misrepresentation of the data on page 144 of the study. This type of analytical problem cast doubts on the validity of the findings and conclusions of the entire study because it may indicate preconceived bias. While it is true that less than fifty percent of the department indicated their satisfaction of these two areas pertaining to the investigative unit, clearly more respondents indicated some degree of satisfaction as compared to those who said they were dissatisfied. Also, the validity of asking the question as to whether the personnel within the department are satisfied with the way they are assigned to a particular operational unit might have some relevance if the intended purpose is to try to assess the degree of morale within the organization. However, if this type of question is designed to obtain management information regarding the functional operations of a unit crithin the department, it is totally inappropriate. It appears from the way the statement is worded on page 144 of Dr. Tracy's study that the intent of the question was to provide insight regarding whether the employees of the department were "satisfied" with the way the Chief of Police had assigned personnel or the extent to which perform- ance effectiveness was being accomplished in that area. Personnel management (re: morale) and operational management, while related, are completely separate issues. As a result, the statement on page 144 of the study so blurs the distinction and misrepresents ( the data there is no alternative but to reject its implications or relevance to the study. It should also be noted that management decisions should be based on the good of the organization and that gyI takes into account that some personnel within the organization may,not II be particularly pleased as a result. If looking toward a model for proper management control and operation of an investigative unit is appropriate, then attention should be;paid to NAC standard 9.7-1, which states "every police agency should recognize that_patrol officers are prelim investigators and that they, should conduct thorough preliminary investigations." In addition, NAC standard 9.7.2 stated that "every police agency should establish only as many. specialized criminal investigative units as needed staffed only with the number of personnel necessary to conduct timely investigations that leads "to organizational objectives." In 9.7.2, the key operative words are "needed" and "organizational objectives." It appears that recommendation I Etiolates both standards 9.7.1, and 9.7.2. by requiring that both preliminary and follow up investigative responsibilities be assigned to the patrol function and by making' a change without knowledge of organizational objectives. Also provided.'for your review is:Appendix #6 - An Evaluation of The Rand Corporation's Analysis of the Criminal Investigation Process by Chief Daryl Gates of the Los Angeles Police Department and Dr. Lyle Knowles, Pepperdine University, Los Angeles, California. i F a : ` Tracy Report Page 13 September 9, 1980 e. Rec. 432. Eliminate Operations Division, move all administrative staff functions to the Chief's Office, and decentralizing the crime investigation function. I cannot agree with this recommendation on the same basis as 33 and 35 above. I do agree with NAC Standard 5.1.3. and to reassess - organizational structure based on the department's role in the community. I must agree with the statement on page 139 of the study;"Command personnel must be in touch with the needs and desires of the public", and I will suggest that command personnel are in touch with the community. It is also understood that police command personnel should ! not infer public policy (in this. case, service level) by virtue of a _ their contact with the citizenry, but rather use feedback obtained in such contact to assess satisfaction with police performance. To do otherwise would result in command personnel incorrectly usurping the proper role and repsonsibility of the City Council which is to articulate service level policy. According to NAC Standard 5.1.3., a police chief executive should establish an organizational structure that will best insure an effective and efficient performance of police functions necessary to fulfill the agency's role in the community. NAC Standard 2.1 quoted on page 15.of Dr. Tracy's study states: "Every police agency should develop short and long range goals and ° objectives to guide agency functions.". Finding number one (1) on page 16 of Dr. Tracy's study indicates that no such written goals exist, either on' a city-wide level or;at a departmental level. It is basically impossible to determinewhether an organization is i ineffective or inefficient unless it has some standard of performance to which it can be compared. This is one of the primary purposes for establishing goals, objectives and performance measures. Without such standards ofperformance, a. judgement one way or the other is not managerially wise. However, Dr. Tracy's study contradicts this fundamental principle by: (1) Assuming the Tigard Police Department is nova both inefficient and ineffective as currently organized without documenting performance deviation from some standard level; (2) 'Recommending a revised organizational structure without first having goals and objectives available-as a;guide to, identify the best organizational structure which will help the police to fulfill the agency's role within the community. (3) Not considering a comparative analysis of work load statistics for medium size cities in the Portland metropolitan area. (Refer to Appendix #1) (4) Not providing impact statements which analyzed the implications t e Tracy Report Page 14 September 9, 1980 �L of organizational changes and shifts of work load responsibilities. f. Rec. #9. Analyze the Investigative Division. I agree with the recommendation; is a high priority; requires a reporting system change. g. Rec. 30. Establish inspection system. the inspection system is informal. I agree with this recommendation;formalized by written policy. at this time; it needs to be h. Rec`. #31. Establish formal planning process. lized with w I agree with this recommendation', needs tosbf e form operson, and sub- goals goals and objectives. This y priority. stantial costs. Also, this is a high h p i, Recs. #4 and 21. Prepare police go verning ordinance- dation; agree with this recommendation; the.ordinance has been adopted by City Council. �jas a high priority. . Review and update written policies into general JRecs. #16 and 19 orders. I agree with recomerldatiort; this work was completed in January, 1980. High priority. k. Rec. #20. Verify legality of general orders. I agree with this``recommendat$u�eauelsgaleadvisor view conducted priority. - Attorney and Portland Police 1, Recs. #10 and ll.11 Include policy on investigation priorities. agree with this recommendation; policy n deeds to be formalized based � goals and objectives. on division go tives � . . Rec. #23. Include policy on role ofpolice officer. I agree with this recommendation; policy is contained in new manual finished in January, 1980. forcement and citation conviction. n. Rec. #12. Verify en has been on ,agree is recommendation; program is valid and Iee with th ' line several years. If Dr. Tracy had conducted the on site 4, 1 Tracy Report Page 15 September 9, 1980 d, investigation this process would have been explained to him, rather than the improper assumptions stated in the study. o. Rec. 438. Distribute patrol personnel based on work load. I agree with this recommendation; this activity has been on line for several years. Deployment is developed from annual Law Enforcement Data System Uniform Crime Report. High priority. p. Rec. 4x`22. Prepare grant application at least one per year. I agree with this recommendation in part; depends on department needs and availability of funds. Priority dependent upon needs of depart- ment. q. Rec. 436. Create juvenile specialist. I agree with recommendation; Juvenile Specialist has been on line since 1974. High priority. r. Rec. 437. Create traffic specialist. I agree with recommendation; traffic specialist has been on line since 1978. High priority. Public Education and Community Relations a. Rec. 424. Create community advisory council to advise on police service needs. I agree with this recommendation; is in planning stages. Medium priority. 'o. Rec. #2. Conduct citizen survey on police service needs.' ' - I agree:with this recommendation; there is substantial cost; requires City Council endorsement and funding resources. Is a high priority. c. Rec. 425. Determine information needs, monthly and annual report. 'I agree with this recommendation; reporting process is on line, needs review. Is a high priority. d. Rec. 426. Establish community education programs. I agree with the recommendation; program is on non-funded. -It is also a high priority. e. Rec. 427. Establish media relations policy. i PON W SEMI 'EM BOOM 'I Tracy Report Page 16 September 9, 1980 I agree with this recommendation; policy is or, line and complete. Is a high priority. f. Rec. #28. Encourage/require police officers to become involved in community affairs. I agree with this recommendation in part; members are active in community affairs at this time. However, to require and evaluate personal performance could not be enforced as a job related requirement. 4. Training a. Rec. #6 a. and b. Require additional training for Chief of Police. I agree with this recommendation; in progress at this time. High priority. b. Rec. V. Obtain BPST Management and Executive certificate. I agree with this recommendation; in progress at this time. High priority. C. Rec. #39. Read all books referenced by study. I agree with recommendation; in progress and continuing activity. High priority. d. Rec. #15. In-service training sworn personnel. I agree with this recommendation; on line, on going program, substan- tial 'cost. Is a high priority. e. Rec. #17. In s ice training - dispatchers. I' agree with this recommendation; on-line, on-going program, minimal cost. Is a high priority. Rec. 416. Training for position assignments. I agree with recommendation; on line and on going programa Is a high priority. _ NOTE:- Refer to_Matrix for Implementation Schedule. i Sii"RY STATEMENT The control problems with this study as stated above are inadequate with regard to: 1) consistency and logic of recommendations; 2) substantiation and docu- mentation of findings; and 33 interpretation of data. a Tracy Report Page 17 September 9, 1950 ati f There is a consistent use of portions of standards and reference material to support a position statement rather than using the total commentary, which in a majority of cases, supported another point of vieTa. The Rand Study and many of the NAC Standards focus on very large police agencies; however, this was not stated by Dr. Tracy in his documentation; specifically, the decentralization ,issue, and the ABA Commentary are typical examples. There is no documentation to support what and how much productivity might be expected (i.e., efficiency and effectiveness). There-is no reference to the Commission on Accreditation for Law Enforcement Agencies (refer to Appendix A), which states in part, on page 11 of text: "No attempt should be made to borrow wholesale the language of past standards efforts, but rather that they should be looked upon as a wealth of basic research and thought," This supports the position that existing standards cannot be universaay adopted. If the focal point of the study had addressed itself to the establishment and design of meaningful goals and objectives; specifically short term goals, the city, policedepartment and citizens would have received considerable benefit from the investment. Please be assured that I will diligently pursue those recommendations adopted by you and City Council. It is my intent to provide the citizens of Tigard the best possible police service with the resources allocated to the police department. p a Respectfully, R' Ada�Cd-� Chief of.Police 1 : RBA:ac I ' E; _ F - x s s s 4 1 _ is -1787of ri H .°u1 N N r-1 ry ro 1 1 �.,• q u u E3 N .� 1 1 0 z z •� cHj C H o `° ? i m a m 0 i 41- In 1-1�gu H U S p a arc,'° 3 ° baw to v deo wxxa w mS3 Cd Iro 41 V 0 V1 H T U 'i. m.O m •rro-0 •'JI V N H N cd d 3 N W cwt •o.+•'vi .-�+.ua H•'+ m amoW oP. ° UN to a.o to CId G G. •de m.I'm o P. to sli ca A oj 0) OG 41 COF AWW •f •. •. •. �P. H 10, NU HH • w d p' O 1 Fal O D. CVU O ? P. O ? ? ? mO 130 O H O O'H o Oi1 U• H ZD D P x m n7 C!•O W J P al a),O 4 w H m ro P' m W fY+ O H O R+ u A x a u U H O O N V3 44 H u W W W W w d Ho p:•ui ui •.t 0 .+ •.1 .e .e a v V v v O•af J G aL J N y .. o H. v d u u. ru. J Ji J1 U H >.Oi•.a •r1 ::� 1 .w H re H w o..moi w °an w w G° wP. °G w n°1 a% Ym 00 a, V) �0 [syr. .r1 41 ci 14 r F. 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H C C C O O O ca W W W W W W W' CS w �.. w H ou cj co p, en as H` w u G W(10 cli X N Q w > G •O 40 44 NN •� r� to x of P. t1 q •14 G W H E- w v Cqi.Y HE- \O O _ K7 H w .a w au mto 60 •.� r..• �..� N w W w v u' Ca 0 q P.CO bo H p •-t P. •ei O0 E • 't 3(0.3 •i9 CA W VHS awi 0 G 0 H w a � .' m ol w [.a C w `...sq pq..Ui.......-4 w a chi c H (D pq H w q W 0 H c w 00 n w w w 3 m N H _. 8 ,;G w A Os IA n Iz APPENDIX # 1 ;I f ri FluOF- '�_O m O MoCIS0 0 G-JF-O 8.J O O.Q UcY 9 M- �LL N F_a -- 1 ZO [� oa v `2 N N \ [V i10>H to 49 N O ..O ^ r m � C) .NONr�-9 41 N N 9 0 C CL d U U i I U O uj •'�O Z O 2'Ln Ol M co r- N r ltl O r j. 0-U C9.C1 .� o:: J 9n ch ^ M 6l Di 47 C.YS l0 m - V a. ~O N N N M o�'1 N cn 1pV N N S M r v v h rn m v �? y Y1' co U,r c0 O1 M N tt) r N r ^ to 11. ~ O M W O O lt5 ^. 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Cs c E '•= t[2 r APPENDIX 4t 3 L 1 S f 5 4 1 k S (figg t T J . .W APPENDIX #3 /g 1{p �,Jp�, however, it �- pendent, in democratic Commentary on Approved Draft ¢ r� which to _ D alleviating lNTilt©DUCTION t .ly deprived; The tentative draft of Standards Relating to The Urban Police =vile justice, Function was issued during March 1972 and was widely distributed ive was of y to interested groups in order to obtain comment and criticism before al problems, reevaluation and submission to the ABA House of Delegates for ap- mnce to Citi- proval. A few changes were made as a result of this process, most of :. tally ill, theg s them incorporating recommendations made in December 1972 by a *- Special Advisory Committee of the International Association of 1 Chiefs of Police. ; For a full understanding of the reasons underlying the recommenda- tions of the ABA Advisory Committee on the Police Function, one is referred to the extensive commentary set forth in the report of March f 1972. It would appear useful, however, to repeat here a few points of 'general applicability discussed in the introduction to that report. 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 tis be needed improvement in the quality of police }; service. Since,in addition to the police profession,such understanding, is.required of the legal profession,'which bears a special responsibility, _ as well as of the general public,it is appropriate for lawyers to attempt'; r L.. to articulate and achieve a consensus as to the complex role which the police play. Second, the standards are in fact "standards" in the; loosest sense of the term. Partly because of the educational purpose ``y= of the standards and partly because of the underdeveloped character _ = The committee was appointed by IACP President Don'Derning'and consisted of Commissioner Francis Looney(retired)of Nassau County,New York,Assistant Corn missioner,New York,City Police Department and IACP Vice-President;Chief Edward a F Davis of Los Angeles,IACP Vice-President;Commissioner Don Pomerieau of Balti- more;and IACP Assistant Director Glen Murphy.' i t '- { 31 - b _ - - --_ _ Urban Police Function of the police field, very few of the standards constitute model pro- cedures which can be implemented immediately on a national basis..; Third, very specific standards for organizing, staffing, and training police agencies have been left for development within the police field. ' I To the extent they address the same areas, the standards here arevv "= limited to reflecting the effect that some of the broader issues dealt ' with will have upon prevailing practices.Fourth,the title—'I he Urban Police Function—is intended to reflect both the fact that the stan- dards are addressed primarily to municipal policing and not, for example, to statewide and federal law enforcement agencies, and the _ fact that some of the specific solutions proposed are directed to the - ' ..�" critical problems of the„roan police.The emphasis on urban problems does not mean that the basic principles are not applicable to all police. Finally, although the focus on the police function in this Project emanated from concern with the operation of the-criminal jcstice system, it became clear that the effectiveness of police within that ' system required exploration of their responsibilities and duties outside �a i it. : i . It should be noted that the standards, as amended, were not only - ' unanimously approved by the ABA House of Relegates in February. 1973,but also unanimously endorsed by the Executive Committee of r - S the International Association of Chiefs of Police, in December 1972. " ° There follb-ws a detailed discussion of the major changes which were made in two sections of the tentative draft. An historical notea indicating all of the changes made in the tentative draft is contained 0. in the appendix to this supplement. " " Section 5.5 _ ' As amended, the standard makes two principal recommendations: (a) that governmental immunity.be eliminated and provision be made for governmental liability for the actions of police acting within i the scope of their employment. This is a clarification of the proposal , .. 'i made in the original draft. (b) that there be a limitation upon the liability of the individual police officer who is acting in accordance with departmental policy. _ 22 - APPENDIX �� 4 r , f E (10) e Standards should stimulate the improvement of services. Discussion: The standards as a whole should promote the development of procedures that will have impact upon the quality and quantity of services to or on behalf of the public. Requirements that are only cosmetic or that lead only to superficial change should have no place among the standards. ' �► The standards as a whole should concentrate on basic operational i programs and activities rather than activities which are infrequently encountered or which represent minor expenditures of police resources. ! a Standards should take the cost of compliance into account. Discussion: Our interpretation of the phase "daily operation of a law enforcement agency" is that it means our efforts should be practical, and should be concentrated upon the cost commonly encountered operational functions, and in particular those which have the greatest impact upon the achievement of basic law enforcement agency objectives, such as the prevention of crime and criminality, the maintenance of public order, and so on. Also, the question of practicality bears directly on cost. Each standard should therefore be considered as to its cost effectiveness. 0 The standards as a body must take into account the whole range of law enforcement activities, from administration to operations. * The standards as a body should reflect the range of activities in approximateproportion to the amount of time;and attention devoted to each in the daily operations of the agency. Discussion: This isnot 'meant to imply that a strict relationship will exist between specific law enforcement agency functions and the number of standards developed to deal with' each'of them. Instead, the standards should, proportionally, emphasize areas where the greatest' improvement can be effected - areas of greatest agency expenditures. Standards should be'uniform and consistent within a given agency size range and in all parts of the country. 9 Standards should be supported either by research, by a comprehensive literature search; by examples of the standards in operation in actual day-to-day police operations, by controlled tests, by the opinionof experts having knowledge of the standard, or by any combination of these justifications. a Standards should reflect the considered thinking of police i ` professional literature, the project staffs, consultants, public interest, groups, and academics. r t EE t R - a (11 ) `Discussion: Many efforts have been made over the past few decades to improve law enforcement agency practices. Unfortunately, not all =: these efforts have been fruitful. Research and the test of time have demonstrated the exemplary nature of some practices and exposed the ineffectiveness of others. Also at issue here is not how old or widespread a practice is but, rather, how effective it is. It should be acknowledged that standards may be developed which have very little current application, but because of compelling evidence such as the research and testing mentioned above --there may be valid reasons for their adoption. a Standards should be researched against all past standards development efforts, especially those contained in the President's Commission on Law Enforcement and Administration of Justice (1957), the National Advisory Commission on Criminal Justice Standards and Goals (1973), and the American Bar Association and IACP Standards on the Urban Police Function (1973). 9 Standards should address contemporary law enforcement problems and issues. Discussion: Past standards development efforts have not been numerous but they have been undertaken several times, and series of standards have been developed. None, however, was developed with accreditation in mind. Therefore, they tend to be more general and open to interpretation than standards which must judge compliance. This does not mean that past standards development effortsarenot withoutgreat value.., It means that no attempt should be made to borrow wholesale the language of past standards efforts but ,rather' that they should be looked upon as a wealth of basic research and thought. In addition'-to ,the broad studies listed in the criteria, other sources of standards should be investigated, such as those . promulgated by such ;groups as the Academy of Criminal Justice Sciences, The National Association of State Directors of Law Enforcement Training, the 'various state law enforcement planning agencies,=and Her Majesty's Inspector of Constabulary ,in Britain. Although previous efforts should be used as a basis for the development of standards, current issues ,must be addressed explicitly. Standards should also be as farsighted in design as possible to' avoid their being quickly';outdated. It i[ a i APPENDIX 5 • e .17, . ,Insights From a Police Investigation Study: A Potential Adversary Role for the Police. Santa;Monica, California, Rand Corporation, 1976. '14 p. (NCJ 43449) Pub. No. P-5722 The study, which was presented at the 1976 -Annual Meeting of the j American Society of Criminology, examines the amount of effort de- g voted by police to investigate reported crimes, how this effort is organized, and what is accomplished. A national survey of all de- partments'exceeding 150 employees or 'serving populations over 100,000 t was conducted to determine patterns of resource use, investigative procedures, personnel policies, and special projects. .Uniform Crime Report data on offenses, arrests, and clearances were: obtained and combined with the survey responses to provide gross performance com- parisons amongdepartments. More than 25 departments which were a identified as being.progressive in their approach to investigative management were visited by the research staff for observations and interviews of investigation personnel. It was demonstrated that in- vestigation efforts have only a marginal effect on the rate at which 1 9 E :; t og AM 3 APPENDIX 6 4 r ANIN 1973,the National institute of Law EVALUATION 0, Enforcement and Criminal Justice of the Law Enforcement Assistance Ad y ministration, United States Depart- OF THri ment of Justice,awarded the Rand Cor- poration of Santa Monica,California,a 1olice criminal in- lD 06 9 ve tigation p acntract to tices In October, 1975, the Rand Corporation published fin- ANA'LlYS51S OW THE dings and proposed reforms in three volumes.When a potentially influential y piece of research such as this has been CRIMINAL INV Cdo_1 1GATION completed,published,and publicized,it is important for those persons and organizations that could be affected to review the work with care and con � sideration. If there are questions regard -.. . . _ ~ ing the validity of the study and the utility of its findings and recommen- dations,then it would seen,appropriate to share these views. It is within this • .. general framework that this analysis is by DARYL F. GATES and LYLE KNOWLES oriented. There is no question that Rand's research project has developed some useful data. Unfortunately there appears to have been an irrepressible need to produce a document with 4 4 meaningful findrngs and provocative recommendations.Had the findings and proposed solutions been supported 'by and consistent with the data gathered, t a rr* 3 the current evaluation would not have- t x been necessary;and,more importantly, the Rand Report on the Criminal - Investigation Process would have made s a valuable contribution to law enforce- ment. Herman Icahn of the Hudson Institute paraphrases an overused com- DARYL F. GATES Is Director of Police enrolled In graduate studies at that un- puter metaphor that does not precisely Operations, Los Angeles Police Depart- Iversity. 6t' here,' but :comes embarrassingly meet, Box 30158, Los Angeles, Califor- close: "garbage-iii, s 1 out" nia 90030.`A career police officer, he g pe entered the LAPD In 1949 and was LYLE`KNOWLES, Ph.d.,is Professor of It is hard to determine at this point promoted through the ranks to his Public';Administration and Urban what impact this research effort will currently held rank of Assistant Chief. Studies and Associate 'Dean for have on the, police investigative func- his experience Includes that of com- Graduate Studies in Pubiic Administra- tion. To date, there.appears to be no 4manding officer of the Intelligence Divi- tion, Pepperdine University, Los measurable` harm done. However, as slop and Administrative Services Angeles, California 80044. He has par- time passes and as police budgets are Bureau,and director of the Office of Ad- -ticipated for seven years as a faculty reviewed, this report unchallenged ministrative Services.Healso served on memberof theUniversity of Southern : could have serious and perhaps consecutive occasions as adjutant and California Delinquency Control Institute. p p executive officer to the late Police Chief His 'areas of ,specialization include devastating impact on the whole in- William H.Parker.He Is Immediate past 'statistics and research methodology, ' vestigative process. president of the Peace Officers Associa- computer sciences, and'administrative The present evaluation was not un- tion- of Los Angeles County and a leadership and behavior. He consults deThe p se support on wa n alive member of the Executive Committee of with many lava enforcement agencies pP g the California Peace Officers' Associa- and 'other criminal Justice groups on status quo. There is indeed a definite tion. Assistant Chief Gates is also a research procedures and data analysis need for improvement in the ,in- member of the Board of Councilors, and -frequently conducts research vestigative process, but there is also Institute of Safety and Systems Mianage- seminars with such groups. He has substantial cause for concern that police ment,University of Southern California; testified.In a number of court cases as an:. administrators may take at race value - Advisory,Council,Pepperdine University expert witness In statistics, research Rand's claimed research findings,and School of Business;and the President's methods,- and-obscenity and por- implement changes which will prove Advisory;Council, Los. Angeles City nography.He holds a bachelor's degree harmful both to the police and the com- College. He was an advisor to the In psychology'and mathematics from the munities the serve. It is therefore imt- National Advisory Commission on Civil University of Arizona/Tucson,a M.S. in y Disorder and authored the Model Plan educational psychology,;and Ph.D. In perative that we alert police ad- t for Riot Control.He holds a B.S.degree educational psychology, and special mmistrators to exercise great caution in In public administration from the Univer- education from the Upiversity of considering the Rand study's purported sity of Southern California and Is " Southern California. findings and suggested reforms. 4 ' Zit .THEE POLICE CHIEF/JU 1976 .:a y c An examination of the study's three any findings. department with a penchant for com- volumes by the authors of this evalua- It is important to recognize that puterization that draws swarms of tion has resulted in questions regarding much of the information used in the researchers eager for easy data access; the methods, data bases, and con- Rand study was quantitative (with the however, this does not mean that Kan elusions of the Rand researchers, par- exception -of a few subjective data sas City can stand for the nation. To ticularly from the perspective of the sources).The entire dimension of quali- draw a majority of information"from police administrator. This article dis- ty was all but overlooked. The quality this one city distorts the entire data base susses these question's in relation to of investigative training;the quality of and leads to conclusions that are, at Rand's major findings and proposed investigative personnel, the quality of best, valid only for Kansas City. reforms, and particularly in relation to their experience, the quality of ERRORS IN DRAWING the Rand conclusion that: procedures,and the quality of the entire CONCLUSIONS 11 .. our study findings suggest that the organization all play a role in the effectiveness of criminal investigation would overall quality of the police function. Although Rand has used procedures not be unduly lessened if approximately half Almost all law enforcement ad- with questionable reliability and data of the investigative effort were eliminated or ministrators have come to learn that not representative of the nation, it has shifted to more productive uses."' quality can be as important as quantity. gone n to draw conclusions that are Evidently,-the Rand researchers have not-consistent with the data. For exam- GENERAL METHODOLOGICAL not come to realize this. pie,one of the"findings"that is used to PROBLEMS support the Rand conclusion that in- Upon considering the research INSUFFICIENT DATA BASES vestigative efforts could be lessened procedures of the Rand study,it should Rand queried 300 major police states that "Our data consistently be noted that it is traditional and departments in the nation through a reveal that a regular investigator's time ethically sound to present statistical mail survey. One hundred and fifty- is preponderantly consumed ... on' evidence along-with research findings. three responded.These replies provided cases that experience shows will not be A violation of this research procedure general information about each depart- solved." However,the data behind the - occurred in a number of places in the ment from which Rand selected"more finding' claims that 60 percent of an Rand report. The reader must accept than 25 police agencies" for individual invesDigator's time is spent investigating the word of the authors that such data on-site research! Volume III of the cases and approximately 40 p.ri;crt of do exist, but for some reason were not Rand report specifically names seven that time is spent on cases that are not included. Phrases-such as "detailed departments from which special solved. This means that a total of 24 analysis of case samples" and "in an statistics and data samples were percent of an investigator's time is spent analysis of a large sample of-crime collected.' The specific identity of the on cases that are not solved. Does this types"$ are used to indicate the source remaining"mote than" 18 agencies and support the conclusion that an in, of various major findings.These are of the nature of the"more detailed"study vestigator's time is preponderantly little help in assisting the reader to con- that was performed is not clear in any of spent on unsolved cases? nect a specific finding with the data.No the report's three volumes. Even if we were to assume that 24 conscientious police administrator As limited as this source of informa- percent is a large amount of time to would find such explanations acceptable Lion is, the majority of.Rand's con- spend on cases that are eventually un- t as proof for conclusions with such elusions were based on even less infor- solved, Rand has not considered in its widespread impact as the Rand study mation. The major conclusion at issue conclusion the additional reasons for in- proposes. here, the reduction of investigative'of- vestigatin that a police agency must Prior to conducting any piece of fort, is shown by aRand footnote as consider. For example,- both the research,every effort is usually made to being "based'on our analysis of how deterrent effect on criminals and the ensure that the basic data are valid and cases are solved and of investigator's obligation of the police to investigate all reliable.-In the Rand report, various daily'routines."'Given this generalized cases areimportant benefits of in- references are made to;,problems in- explanation, it is an alert reader who vestigation that can not be measured by herent in the data,in the measurement' can infer that the phrase"how cases are the percent of cases solved. of certain variables, and in the solved" refers to Chapter b of Volume ANOPINIONOF THE operational definitions of variables.As III entitled "Analysis of How Crimes - one example,in the section titled"How Are Solved, and that the phrase TOTAL WOl$TH OF Reliable Are Our Findings," the hand "investigator's daily routines"refers to THE RAND STUD' researchers admit that"It may be con- Chapter 5 of Volume III entitled"The The Rand Corporation received tended that the d a t a w e Daily,Routine."-However,an examina- $500,000 to prepare a report that (1) collected ... do not reflect sufficiently tion reveals that Rand's entire analysis, contains procedural error, That erase controlled experiments."' Because of in Chapter 6, of how crimes are solved almost all hope of accuracy, (2)has a problems of lack of control,accuracy, > was obtained from six police'agencies fatally limited data base, and (3) and consistency; most researchers ' and that by far the majority of the infor- presents conclusions that do follow would not have used these data. The mation was obtained from one agency, from the data presented and which ig- Rand researchers have recognized these the Kansas City Police Department. pore a host of important:related in- problems (as indicated by their The daily routine chapter does away fluences. references)but have not hesitated to use with the other five 'departments and While every good police ad- the data associated with them. Com- names only Kansas City as its source. -ministrator welcomes advice that will paring data collected from different Rand is attempting to support a finding increase the efficiency -of'his depart- agencies mustberegarded as a serious of purportedly nationwide significance ment, it would seem the;Rand Cor- ;hortcoming. The number of uncon- • with limited and potentially inadequate poration's conclusion that half of the in- trolled and even' unknown variables data drawn primarily from a single _vestigative`effort could be eliminated operating in such situations serves to agency. Granted that the Kansas City without lessening the effectiveness of seriously compromise the validity of Police Department is a modern'police 'criminal 'investigation can not be JULY 197617HE POLICE CHIEF 21 seriously considered as anything other is flat,go ahead and call it flat anyway be expected to influence clearance ' than the unsubstantiated opinions of because that is the way it appears and, rates"This assertion,by merely calling researchers who lack the insight and un- one suspects, is the way they want it to competent investigative police work 7 derstanding of the police investigation be. "routine" on the basis of an arbitrary function necessary to draw such a con- MAJOR FINDING 2 single-agency study, reflects con- clusion. siderable naivete and is of little or no {-a THE METHOD BY WHICII POLICE value to law enforcement agencies. MAJ(iR FINDING I INVESTIGATORS ARE ORGANIZED(i.e.. TEAM POLICING,SPECIALISTS V.GEN- Conclusion y ON INVESTIGATIVE EFFECTIVENESS. ERALIST.PATROLMEN-INVESTIGATORS) As was the case with Major Finding DIFFERENCES IN INVESTIGATIVE CANNOT BE RELATED TO VARI- 1,no attempt to establish a relationship TRAINING. STAFFING, WORKLOAD, ATIONS IN CRIME, ARREST, AND between crime rates and investigative AND PROCEDURES APPEAR TO IIA VE CLEARANCE RATES" practices can be found anywhere the No A PPRECIA SLE EFFECT ON CRIME. report's three volumes.In sum then ARREST,ORCCLEARANcERATES" Source of the Finding ,the 4 - Rand report provides little or no factual Limited ins! Arbitrary j Source of the Finding basis for Major Finding 2, The authors claim that this finding Cannot Be Determined resulted from a detailed analysis of case MAJOR FINDING 3 This finding is plagued by a variety of samples combined with FBI-UCR and difficulties, including contradictory Rand survey data."However,the Rand ON THE USE OF INVESTIGATOR'S statements by the reportts authors con- survey data used to support thi;finding_ TIME.'SUBSTANTIALLY MORE THAN � ceming which data actually produced it. is virtually identical to that st;pporting HALF OF A LL SERIOUS REPORTED In the finding's supporting paragraph in Major Finding I and is just s in- CRIMES RECEIVE NO MORE THAN Volume I,it is unequivocally stated that adequate for support of this finding as it SUPERFICIAL ATTENTION FROM IN- it N-it resulted from an analysis of the is for Major Finding I."The manner in VESTIGATORS" study's survey questionnaire." In con- which FBI-IJCR data supports Major trast,Volume III indicates that the part Finding 2 is not shown. As for the Single Agency Data of the finding relating to clearance rates detailed analysis of case samples men- According to the reports authors, 3 z resulted from entirely different data— tioned, this concerns clearance rates from a study of six departments." only and involved an extremely limited this finding is based on ... an analysis The report provides equally con- data base comprised of two samples." of a c r-readable case assignment tradictory statements as to whether or The first of,these samples was com- file maof intaiintai ned by the Kansas City, not the data actually produced Major posed of 172 cleared cases("with rough Missouri, Police Department and observations during site visits...:136 Finding 1. Thus, the report's authors estimates' made from another 92 cases) Despite this claim,only the Kansas City state in Volume II that, although they drawn from five cities, including 109 data is discussed in the report;the data failed to find any differences in the cases (63 percent of the sample) from effectiveness of various investigative Long Beach, California." The authors obtained from the unspecified obser- ractices, this does not mean such assert that their analysis of this vations and the nature of its p relationship to the finding is not given. differences do not exist,but rather that miniscule sample shows that,in more e clearance and arrest rate statistics for than half of cleared cases,suspect iden- Non-Crimes and Minor Crimes departments cas a whole may be in- tification is available- at the time of Included in the Data adequate to reveal whatever differences reporting,and thus helps prove that the _ _ -do exist." In this connection, the organization of investigative units can The authors,in discussing the Kansas authors note that arrest and clearance have little effect on clearance rates.20 City data, state that only homicide, are widely understood to be inadequate This assertion is essentially meaningless rape,and suicide are invariably worked measures of investigative effec- to ahe law enforcement administrator, on, and that "A few other types of tiveness." The authors are, in effect, especially inaight of the tiny,localized crimes universally regarded as serious` saying that arrest and clearance rates sample used to produce it. are worked on in over 60 percent of the are inadequate tools with which to The second sample used in this con- cases,but many types more likely than produce any valid finding. nection consisted of 92 clearedcases not receive less than a half-hour's atten- d Incredibly, there is little or no em- drawn from the Kansas City,Missouri, tion (thereby counting as not `worked `pirically substantiated attempt shown Police Department." The ,authors on')."The authors conclude that"Since ' anywhere in the report to determine the classified the method of solution of the bulk of crimes fall into these latter relationship between crime rates and these cases as being either"routine"or categories; well under half of all: differences in investigative; training, "special action" (''requiring more than reported crimes receive any serious staffing, workload, and proce- procedural investigative skill")22 by attention by the investigator."" This lures-even though this is the essence means of a totally arbitrary and assertion, which paraphrases;;Major ; , of Major Finding 1! ' specious 'classification 'system. By Finding 3,maybe true for all reported means of this scheme, in which all in- crimes (including trespasFing, van Conclusion vestigative actions were classified as dalism, and other minor crimes), but The authors have little or no factual `.`routine" unless they happened to the report's data certainly does not sup- basis for Major Finding 1; it reflects strike the nonpolice researchers as un- port it in relation to the "serious only their failure to find a correlation usual or flamboyant,the conclusion was reported crimes"specified in the major between the involved variables. By reached that 97 percent of all crimes finding_- stating a finding where none exists, the that now get cleared could be solved This data,presented in Table 5-3,in- authors call to mind geographers who, using only "obvious and routine cludes two non-crimes, "dead body" having admitted that their instruments tasks."" This, say the authors, proves and "lost property," and two Part 11 are inadequate to determine if the earth that investigative organization cannot offenses — "common assault'" and 3• 22 THE POLICE CHIEF/JULY 197Fi i "vandalism."Y9 Even with suicide the period from which the data was MAJOR FINDING 5 (another non-crime) removed from the drawn {May-November 1973), Rand ON HOW CASES ARE SOLV 4: THE list,the data shows that 10(77 percent) lists 28.6 percent of all detecei e SINGLE MOST IMPORTANT DETER- of the 13 "serious reported crimes". working time as "unaccounted for."" dIINANT OF WHETHER OR NOTAC,9SF 66 listed are investigated 59 percent of the M WILL BE SOLVED IS THE INFORMA- time with only three(23 percent)being Largely _ 24. Percent. TION THE VICTIM SUPPLIE.4 TLf THE worked on less than -r percent of the Undaunted by these deficiencies, the IMMEDIATELY RESPONDING PATROL time. The data also reveals that trio authors used the data to compute OFFICER. IF INFORMATION THAT U- "worked on."t average for all of the expenditures of "detective casework NIQUELY IDENTIFIES THE PERPETRA- serious crimes listed is 49.9 percent, a time," which the researches estimated TOR IS NOT PRESENTED AT THE TIME far different figure than the authors' to constitute 60 percent of all detective THECRIMEISREPORTED. THEPERPE- 32.4 percent average, and hardly the working time.16 Their computations TRATOR,BYANDLARGF., WILL NOTBE 'well under half' claimed by Major produced the finding that uncleared IDENTIFIED" t !~.,iding 3, cases account for 40.2 percent of all Conelusiondetective casework time." Based on Source of Finding Not Given Rand's total casework estimate of 60 The authors have used limited data percent, Kansas City detectives spend In the paragraph supporting this fin- from a single agency in their attempt to 24 percent of their time on "unsolved" ding, the authors claim that it is based f support this finding. Arid while it is ob- cases —.a percentage that in no way on"...an analysis of a large sample of ' vious that Kansas City is not the nation, "largely consumes the detectives' combined crime types. .."" Since no = t even the data given does not support the time, additional clues as to the nature of the finding.The finding is not supported by finding's supporting data are offered, fact and therefore-has little validity. Non-Crimes and Minor Crimes the "large sample" must be tracked Before considering the second asser- down,a process necessary in relation to MAJOR FINDING 4several of the major findings.Perusal of 1 tion contained in Major Finding 4,that Volume I reveals the following foot- OUR DATA CONSISTENTLY REVEAL for solved cases an investigator spends noted finding (nota "major„ finding): THAT AN INVESTIGATOR'S TIME IS more time in post-clearance processing "In more than half of the cleared cases, LARGELY CONSUMED IN REVIEWING than he does in identifying the the identification of the offender was REPORTS,DOCUMENTINGFILES.AND perpetrator, we must first turn to available at the time of the initial ATTEMPTING TO LOCATE AND Volume I which states: "The scope of report ...."a3 This is not precisely the INTERVIEW VICTIMS ON CASES THAT the Rand study was limited to police in- same as the first sentence of Major Fin- ` EXPERIENCE SHOWS WILL NOT BE vestigation of serious reported crime: ding 4, but is close enough to show the SOLVED. FOR CASES THAT ARE homicide, rape, assault, robbery, relationship. The footnote appended to SOLVED Ji.e.,SUSPECT ISIDENTIFIED), burglary, and theft. Our work did not this finding provides the following in- AN INVESTIGATOR SPENDS MORE address misdemeanor offenses or vie- formation: "Initially, we analyzed 63 TIME IN POST-CLEARANCE PROCESS- timless or organized crimes whose in- robbery cases, divided among four ING THAN HE DOES IN IDENTIFYING vestigation is substantially different police departments (Berkeley, Las ; THE PERPETRA TOR- from the felony offenses that were our Angeles, Miami, and Washington, primary concern."" D.C.). We then -expanded the analysis Single Agency Data This statement notwithstanding, the to include 109 cleared cases for crimes data base for:the report's casework time other than robbery"from-Long..Beach The same-major finding, stated in percentages`contains such offenses as , Q Volume' III,-substitutes the word "trespassing,” "protective custody," California. The sample'was again re onderanti " for "largely."" The and "disorderly conduct," among expanded to include an additional 92 p n yy g cases from the Kansas City, Missouri finding's supporting paragraph states others.."The average preclearance time police Department selected according,that it resulted from". an analysis of expenditure for these offenses is sub- to a different sampling design" In'dis a variety of crime types...," but stantially, less' than for actual serious cussing the 92 Kansas City cases,all of Volume III of the report informs us " crimes,,o but as the authors' failedtot which were drawn from that city's case that all quantitative data on the use of provide complete casework data,the ex- assignment file, the authors note that investigators'.time resulted from the tent to which the inclusion'of these ..T1ie sample design`in Kansas City also Kansas City Case Assignment File. minor offenses lowered the preclearance ' permits us to obtain rough estimates of •_ The Kansas City, Missouri, Police time;expenditure percentage could not the fraction of cleared cases that were Department's computer-readable case be determined. _ solved by initial identification in Kansas assignment file must therefore con- City.°' stitute the unspecified "experience" to Conclusions which the finding refers,unless it can be Inadequate Data assumed that the report's authors can These procedural shortcomings, to �• discern without investigative' effort which the authors appear peculiarly Are 172 cases, 1Q9 of which are from which cases are unsolvable. susceptible, pale in importance'beside one city, roc "rough estimates" based the fact that they are attempting to sup- on 92 case:: T'i another city really a Limited Reliability of the Data port a finding of purportedly `"large sample"fora nationwide study? nationwide significance with incomplete Such a miniscule sample would at most Concerning the case assignment file, and potentially inaccurate data drawn have limited relevance for the sampled the authors offer the'caution: "We do ftom a single agency. Major Finding 4 jurisdictions. not know whether the officers are con- does not have adequate factual support An Obscure Relationship scientious about'reporting accurately to have more than possible validity for how they spend their time....""This the Kansas 'City, Missouri, Police The source of the second half of warning;appears well founded; during Department. Major Finding 4-that if a perpetrator JULY 1976/THE POLICE CHIEF= 23 FMl Hill nor be identified — cannot be deter- are solved results in a finding that is percent in the sample of cases front mined from the information provided in meaningless. Jurisdiction "A", while 26 percent of the report, although the authors imply the questions were covered in the cases that it is based on the same six cities Conclusion from Jurisdiction "B"S6 'data that supports the first half of the The finding is the result of arbitrary, finding. The six-cities data cited by From Molehills to Mountains the subjective classification and has no validity. Concerning these results, the report authors in this connection includes only rretiloristy cfearccl cases and does not in states: "On their face, the statistical any way address case solution MAJORFINL3ING9 results on the comparison of robbery in- i. s1 p . robabilities. However, thele is no vestigation seem to support the other data in the report that is even ON INVESTIGATIVE THOROUGHNESS. prosecutor's view that his needs for in- formation RELATIVELY FESV DEPARTMENTS related to ease-solution formation are not fully and consistently probabilities. This fact, coupled with DO INVESTIGATORS CONSISTENTLY met."" ethe authors' implication, makes it AND THOROUGHLY DOCUMENT THE The authors have leaped from the -- reasonably safe to assume that the se- KEY EVIDENTIARY FACTS THATR EA- molehill of their limited two-agency cond half of Major Finding 4 is based BONABLY ASSURE THAT THE PROSE- data to the mountains of national on the same insignificant six-cities data CUTOR CAN OBTAtIb' .t CONVICTION significance. But what did the authors { t; as is the first half of the finding.Given ON THE MOST SERIOUS APPLICABLE prove, if anything, concerning even-the z; the nature of the data,the finding could CHARGES' two jurisdictions studied? only have been arrived at through some Two-Jurisdiction Study +, process of indirect inference, which no - Conclusion doubt accounts for.the use of the vague Rand claims that "This finding _ term "by.and large" in the finding. derives from a combination of obser- Upon examining this portion of the Conclusion vations of police departments made Rand study, it seems that the authors throughout the country and some of the operated under the premise that the in the study of post- prosecutor's filing policy was the only The authors derived this finding from results obtained Y' rest investigation practices."13 As the variable influencing investigative very limited data drawn from six cities ar ?' and, possibly, from inferences. made location, nature, and substantive con- thoroughness in the two different police s from these data. Major Finding 5 does tent of these observat'lons is not departments.This is explicitly indicated ' not have adequate factual support to supplied in the.report, the contribution by the authors'. conclusion that "strict filing standards apparently resulted in have more than possible localized of the observations to the finding can- validity. not be determined. However, more thorough investigation.."'TotalIy statements elsewhere in the report unaccounted for are the effects of the MAJOR FINDING 6 suggest that the finding is in all differences between the departments in x probability based entirely on Rand's recruitment, training, caseload, O.Y HOW CASES ARE SOLVED: OF study of post-arrest investigation prac- management, and myriad other THOSE CASES THA TA RE ULTIMA TEL Y tires involving but two jurisdictions." variables, as any police administrator CLEARED BUT IN WHICH THE PERPE- ;: `... This study involved two anonymous knows. Additionally, as noted in TRATOR IS NOTIDENTIFIABLE AT THE California prosecutors' offices (both Volume I1I,the authors have no idea of TIdfE OF THE INITIAL POLICE '' INCIDENTREP- ALMOSTt1 LL ARE branch offices of the same district)and the true relevance of its questionnaire to their companion police departments. the actual requirements of successful CLEARED AS`A RESULT OFROUTINC The authors iallege,'without supporting prosecutions. The questionnaire was POLICEPRocEDUREse data,that prosecutor's office"A" based on the opinion of, "one to be extremely strict in screening cases "experienced" prosecutor. Fancily, 43 V for filing ,iC files only those charges it robbery cases can hardly considered ' An Arbitrary Classification This Finding resulted from the believes can ;be proven to a jury. an adequate sample, ,even for two authors' arbitrary classification of 92 Prosecutor's office "B" is alleged to jurisdictions. - cleared' cases(from the Kansas City, give "routine police procedures" While there may ba'a continuing rieed Missouri,Police Department)as having greater accommodation, accepting to upgrade investigative thoroughness, 3 been solved by either "routine'' their practice of presenting minimal in Rand has not adequately documented ' x methods or"special action.""It should formation to substantiate the filing of a - - this need: Major Finding 9 does not `vp be added here that in classifying some case.."5i have adequate factual support to have - types of cases,the authors followed the To assess the "completeness of in- more than possible validity for robbery guideline that "...investigator action vestigation" of cases submitted by the investigations of the two involved is'characterized as ;`routine,' even police departments to their respective jurisdictions. - » though the actions may be routine only prosecutors' offices, the authors to an investigatar.�30In response to this developed`a list of 39 questions MAJOR FINDING 10 r- guideline,one may well ask:Can the in- ". that_an experienced prosecutor �? vestigative methods of an expert in- believed should be addressed by a police O v IN 71IOROUCHNESS. vestigator, developed-`as a "result of investigation to facilitate prosecution of POLICE FAILURE Tal,'DOCUMENT A years of experience and training, be the case."" Twenty-one robbery cases CASE INVESTIGATION THOROUGHLY = 4 classified. as "routine" merely because from Jurisdiction "A" and 22 robbery RIAs HAVE`CONTiZ18UTED To A _ the investigator's expertise makes them cases from Jurisdiction "B"comprised tfIGHERCASED ISMISSALRATEANDA =" appear so to an uninitiated observer? the study sample. The authors then IYEAKENING n-^;THE PROSECUTOR'S .;- Uninformed classification of competent examinee,the case documents presented PLEA BARGAININGPOSITION" investigative police-work as "routine" to the prosecutor by the'potice. The action and the use of this classification report states that each of the`39 Continued on page 74 24 THE POLICE CHIEF/JULY 1975 y rationale is consistent with our fin- dings," and while the authors say that EVALUATION DATION OF THE they do not expect a police department to adopt the reforms uncriticalEy—the f3�+NDCORPORATION'S ANALYSIS department should act in relation to its Continued From Page c4 — individual situation and then only on an using experimental basis70 the dubious —A Puz lcnE' g ':F nd'ang really had not found anything by g li the hedge word "mal" in the finding validity of the °'findings" evaluated in to the This finding resulted from a Rand statement. This generosity would the be his reager safuinnld oivatve ors.,eSpec"ia1 analysis of the judicial processing and misplaced, as demonstrated by the fact disposition of the same 43 robbery cases paragraph used to support the major wariness is warranted vf reforms used in attempting to support the finding in Volume 1: "In relating case that some of the proposed previous major finding.` It is perhaps genies and the com- g• disposition to investigative appeartobedirectlyinimicaltothein- the most puzzling of the Rand major thoroughness, our analysis showed terests of policserve.It e an findings in that statements in the report significant differences between the to ed cumbent thwo- munities e we eexamine th se reforms repeatedly contradict it. study at in jurisdictions that di$p Y Confronting the Study differences andira_investigative order to�determinegtheirthei finerit i from Obstaclzs C g thoroughness prosecutorial In discussing the analysis that of practices. For example, none and to then consider their merits from . produced the finding, the authors seem of the sampled cases were dismissed in that perspective. genuinely aware-of the.obstacles con- the jurisdiction with more stringent case fronting attempts to convert case dis screening and investigative PROPOSED REFORM 1 thoroughness; furthermore, 60 percent EDUCE FOLLOW-UP INVESTIGATION'+ positions into measures of investigative of the defendants pled guilty to the ON ALL CASES EXCEPT THOSE quality. They note that numerous comparison,in the g chaiges as filed. By p INVOLVING THE AfOST SERIOUS variables, including the social second jurisdiction, about one quarter OFFENSES" characteristics and criminal record of ' defendants;and differences in the corn- of the sampled cases were dismissed petency of prosecutors,defense counsel, after filing, and only one third of the I Which Spent b Cases and judges, all figure importantly in defendants pled guilty to the charges as Which iVill Not be Solved? filed:' (Emphasis added.) This proposed reform is supported by case dispositions. A warning is even °a the following "rationale"' provided: °`...it must s, remembered Conclusion "Our data consistently reveal that a " that extraneous variables,which cannot regular investigator's time is preponderant- be estimated, have possibly intervened It appears that Rand could not resist ? straying from the path of scholarly rec- ly cc surned in reviewing reports,documen- and confounded the results."bZ ting files, and attempting to Vacate and in- that )Etesults Inconclusive titude to create a"finding"where noneitntsses on the "results" of exists. As averred in previous study that experience lume III, "We terview tshows will not be solved. Our This being the case, do not how of any such-a study could at best be considered has succeeded in converting informa- data show, moreover,that most eases that tion spontaneously provided by a source -- inconclusive. And, in Volume III, the tion about case disposition into a valid are solved are salved by means of a our other than thane developed by- the in- . authors appear to accept this limitation. measure of the quality of investigative work.,-There still is none.The fending -vestigator. It follows that a-significant In noting that several cases in the°$" sample were dismissed, while none in is not supported by fact. reduction in follow-up investigative efforts were dismissed, the would be appropriate for all but the most the "A" sample authors concede: `°It is not`clear that CONCLUDING REMARKS serious mandsfsome�type og re ponseC�=confidence any of these dismissals could been ®� f�E MAJOR FINDINGS What the authors are saying,then,is avoided by,better police investigation P ;and reporting in`B'.""In discussing the It will be noted that Major Finding 7, that because-investigators spend most $, l 1, and 12 have not been considered of their time.working on unsolvable totally inconclusive case disposition the current evaluation. These cases and because most cases are solved results,the authorsconctuder"Because o fissions were made in the interest of b inforrnaeion fro,°u—i other than in-.'t of the inconsistent results,no definitive 1 that the vestib Y native sources, it follows that the inferences can be drawn, regardless of brevity and do not imply free follow-up investigation of most crimes the.fact that in the category where ear, the {oin the mornitted ethodologicalrproblems that should be substantially reduced. The largest percentage of cases appear, beset the other major findings. All suf- data which the authors view as revealing data`show less_plea bargaining Finding 1l,which that investigators waste most of their more severe sentencing in Jurisdiction fer from excessive that small data bases• time working on unsolvable cases is the W.,6, A further conclusion is added For example, ears states in art thae r Crime victims in same data from the Kansas City Police concerning sentencing:"It thus app F g y Department used by the authors in that the outcomes in Table$-7 reflect to general strop 1 desire to be notified of- P Y Y B8 is attempting to support Major Finding 4 a treater extent the'non-comparability'' ficial! as to whether or not the police IL will be recalled that our examination of.'our samples than ity of the police in- deriveffects of hav' e d from'a telephone tlsurveylof 36 , of that finding revealed that Kansas differences in the quality P City detectives spend 24.1 percent of vestigation,,,s - crime victims residing in one California erten- ` city.` Lheir time on unsolved cases,a P The Authors Reverse Themselves tage that contradicts'the authors'asser- �d obstacles, tion that an investigator's`;time is Given these acknowledged SOME PROPOSED REFORMS preponderantly expended on cases thiedocs not really seem to be the stuff AND COrICLtJSIOIai- that a-major finding" is made of. But ort •offers nine expenencesltowswillnotbeseasse The i ose The Rand rep whose data does not even support the assertion y then a generous reader might supe r o o s e d reforms"--, - that,Fhe authors were saying that they P P _ j 74 THE POLICE CHIEF/JULY 1976 y i for Kansas City, let alone the nation. authors' minds as they cast about for leaves unsettled (and unconsidered by Although we have dealt with the -likely functions where investigation the Rand authors) the effect on .the authors' claimed basis, in terms of the could be reduced. crime rate if a sizable percentage of a use of investigators'time,for suggesting It thus becomes important to look at city's serious crimes was no longer in- a significant reduction in follow-up in- the total investigative time-expenditure vestigated and the population was told vestigations, it may be contended that data from the perspective of the of this unhappy situation through the we have responded too narrowly to the authors' guideline. This data is sum- authors' suggested victim notification data embracing investigative time marized as follows: program. expenditures. For this reason additional Per- Per How Much Manpower ...................... elements of these data will be examined. Case Work Cent 600 Is Devoted to Solving Cases? Work on cleared crimes It will be recalled that the second half Incorrect Finding,* That before clearance 7-4 Crimes Are Not Worked On Work on cleared crimes of the authors' basis for Proposed after clearance 28.4 Reform I was how cases are solved-- Referring to the Kansas City data(all work on uncleared crimes 24.1 specifically ".. . most cases that are of the investigators' time-use data is Administrative duties 13 g solved are solved by means of informa- from Kansas City),the authors present Surveillance,crime pre 1.'! tion spontaneously provided b a source the following information: vection,and warrants.... ..... _ p Y P Y ''The figures show that only homicide and Unaccounted for 25.3 other than those developed by the in- rape (and suicide, because it is potentially vestigator."'r Given the preceding, The question now becomes, which of evaluation,just what this has to do with homicide),are invariably worked on.A few these •work categories could be substantially reducing follow-up in- other types of crimes that are universally eliminated? Work on cleared crimes regarded as serious are worked on in over 60 vestigation is difficult to comprehend. percent of cases,but many types more likely before clearance? This is largely work Even granting for the moment that the than not receive. less than a half-hour's on those very serious crimes which the authors' claim for the importance of attention from--an investigator (thereby authors think should nearly always be non-)nvestigatory case solutions is cor- counting as not`worked on').Since the bulk investigated.76 Work-on cleared crimes rect, their data purports to show that of crimes fall into these latter categories, after clearance? According to the well under half of all serious crimes in well under halfofallreported crimes receive authors, detectives do not do nearly Kansas City are presently investigated any serious attention by an investigator." enough post-arrest investigation as it is and that less than one-fourth of in- (Emphasis added.) now." Work on unsolved cases? The vestigative time is expended on un- The incorrectness of this assertion in authors say that in Kansas City solved cases. So, how does this support relation to the Kansas City data is ..... well under half of pll reported .. in- proved in the evaluation of Major Fin- crimes receive an serious attention b vestigation? reductions in follow-up in Pr Y y . vestigation? ding 3(their error is in the computing of an investigator,""so this does not seem the percentages). The point is that the a likely area for cuts. Besides, the Conclusion authors believe it, in spite of the data authors have said they would be careful The Proposed Reform 1 is based on They collected. If we turn to Rand's not to judge these efforts as unproduc- exceedingly limited data, not suppor- Table 5-3 (under Major Finding 3), we tive. Surveillance, crime prevention, ting the premise, but rather contradic- see that the serious crimes that get in- and warrants?A tiny but-highly impor- ting it.This conclusion could only exert vestigated 60 percent or more of the tant category that would not contribute a=pernicious effect on police agencies time are very serious crimes on which, ; much to the authors' really big cut. and their client communities. the authors tell us in Volume 1,follow Unaccounted for activities? How can up investigation ought -not to be you cut something when you do not PROPOSED REFORM.2 -: reduced. know what it is? The authors say they ASSIGN THE GENERA LISTINVESTIGA- We should in all fairness look at the have an idea that this category is com- total investigative time expenditure prised of. duties like homicide and OBVIOUS SLEAWHO'LEADWOULS TINE CAS THE data, from the authors' own err ec r OBVIOUS LEADS IN ROUTINE LASES)TO P p robbery unit stand-by time, to THE LOCAL OPERATIONS•COMMAN- tive,to determine if there really is some interview victims and witnesses,res on- possibility, somewhere, of reducing ding to citizen requests for information , DER" follow-up investigationand eliminating etc.,all of which seem like important IVoInitiative Required rq investigators. activities which'should not be.done In their "rationale" for this reform, What Follow-Up Investigations away with." But, the authors do not the authors explain: "Under the in- Can be Reduced? know what is in this category, so they vestigation policy suggested above, the cannot logically-make any cuts here. main duty of the generalist investigator In Volume III, the authors set forth This being the case, where did this is to respond to information developed their guideline for measuring in- conclusion come from? by the patrol units at the crime scene or vestigative productivity: volunteered by the public,rather than to "Finally, we have been careful not to What About Deterrence9 develop newleas on his own in- judge any activities as unproductive when in 'throughout their discussions of itiative."" Incredibly, this means that fact they are primarily directed at objectives reducingfollow-up investigations, the we were unabie to measure. For example, p g investigators would not be allowed to time spent by investigators on crimes that authors avoid any reference to the develop new leads! deterrent'value of follow-up investiga- are never solved is by definition not produc- No Expertise' Regdired tive when clearances are used as a measure tion: In Volume III, we do find the �k of performance,but there may well be some authors questioning whether the mere This reform is symptomatic of the runmeasurcd)deterrent value that justifies process of investigation _has some authors' conceptualization of the in- such investigations."" deterrent value;80 the authors readily ad- vestigative process,which holds:"...if _ Police administrators would heartily mit that they omitted from their study investigators performed; only the ob- support this guideline which,of course, any measurement of the deterrence vious ant'.'routine tasks needed to clear would have been uppermost in the value of investigative activities." This Continued on page 76 JULY 997afTHE POLICE CHIEF 75 Continued Front pJge 75 tise,the development of which depends that the use of information processing the would solve the on substantial training and experience. systems should be increased to assist in- the "easy" cases, y The researcher's proposal to assign this vestigators or that this increased use vast majority(97 percent)of crimes that Class es investigators general duties only should be undertaken to replace them. now get cleared."" Thus, the authors and rotate them with patrol officers Be that as it may, information Continue in their rationale with the would not permit the development and processing systems are tools which can statement: "Our research suggests that maintenance of this vital investigative provide valuable assistance to in- this type of investigative duty does not expertise. vestigators. Information processing entail a requirement for specialized systems have been of major benefit to skills or centralized coordination. The PROPOSED REFORM 4 law enforcement agencies. However, l officers performing it could readily shift ASSIGN SERIOUS OFFENSE I1vVESTI- these systems are nota substitute for in- officers between patrol and investigative DATION To CLOSELY SUPERVISED vestigators.To assume otherwise would duties.' Of course, here the authors TEABIS, RATHER THAN To I NDIVI- run.counter to the experience of most are talking about the"vast majority"of DUAL INVESTIGATORS- maor police departments. crimes'-- the investigation of which Conclusion cription Eze eed4 the Symptoms usually begins with"leads"or informa- The PresIrrespective of the meaning of this tion developed by patrol units or The rationale ex laitiin this reform 1 P g it is without an received from Citizens• stresses the improper'supervision of adequate research basis. The authors Although the authors do not say just personnel and blames this for the im- have ve Kan- which research area it is that suggests proper performance of investigations 90 possibly demonstrated that Kan- this concept, it appears that it is the Could i t be that rather than sas City detectives spend unknown amount same Kansas City research used.to reorganizing investigators,a solution to but cessubstantia nformati n whi a orealiz ng produce the"finding"that 97 percent of the problem of improper supervision processing all Cases can be solved by obvious, would be the improvement of super- but limited success in their endeavors.It possible, depending upon the nature routine tasks, i.e., in Kansas City vision? Reorganization would not is p Pof `• at most 2.7 percent of cleared a+ rocessin in the Kansas necessarily affece the level of proper and current level of systematization as crimes are solved by special action.' supervision.;The imposition of super- city Police p g This percentage and the specious case visory teams in other than major,corn City Police Department,that the could be solution classification scheme used to lex cases may be such an inefficient use tives of that department Could be P y in arrive at it have been previously dis- of manpower that the investigative moils ab assisted cussed, but further commentary is rocess would be affected quite adverse- goals*processing,systems.Given the data that q warranted in connection with this ly the authors have provided, nothing proposed reform. can The authors' conclusion that the in Conclusionmore ur used reform.concluded from this vestigation of the vast majority of Even if it is assumed that Rand is cor- p p crimes requires only simple tasks for rent in its assumption that supervision is solution is obviously the basis for their a problem in some investigations, the PROPOSED REFORM 8 assertion that thesolutionof these proposed reform does not address itself PLACE POST-ARREST ff.e.,SUSPECT IN crimes requires no investigative exper- to the problem. CUSTODY) I vESTtGATI01vs UNDER . tise.'And yet this reasoning rests upon a THE A UTHORITY OF THE PROSECU- totally arbitrary classification scheme PROPOSER REFORM 6 TOR., I that categorizes all case solutions asA Bald Supposition being `simple" unless the no npolice INCREASE THE USE OFINFORhIATfO.v authors say they are not. Only those PROCESSING SYSTEMS IN LIEU of Before beginning the evaluation of casesthat happened to strike the INVESTIGATORS' this reform,it is first necessary to con- authors as being unusual were classified Clerks Instead of investigators sider the authors' rationale: f>gg as `"special action. Apparently no The authors state than their examina- "Generally,then,the prosecutor reties on thought was given to the fact that many the needed to prosecute and convict the suspect. seeminglyroutine'investigative tasks, Assignment�File suggeststhata sub- But this situation police rcontains s to Y aninherent such as skillful Crime scene rues g flict between the prosecutor and police.A tion and evidence interpretation, com- stantial-part of an investigators police`arrest'is justified by probable cause petent suspect interrogation,and proper viorking day is taken up y the scanning po f e an articulable reasonable belief that search warrant preparation; actually and monitoring of huge volumes to 'a crime was committed and that the arrestee demand an extremely high level of in- crime and arrest information in order to was the offender.But.generally,because of vestigative expertise.Thus the authors' make connections be cases, _ conclusion that the—vast majority" of suspects, and property. They indicate the pressure of new cases and the bargained mice crimes require no investigative expertise that only limitedsuccessKansas ti Cthese than tr5 tion ied•the palice Barerelefforts he case will be o strengthennt end for solution resulted more from their P the evidence in the case.The prosecutor,on unfamiliarity with the investigative endeavors and offer the opinion that further investigative information the other hand, may be reluctant to fele process than from any research fin- uld instead by monitoring charges that the police prefer, onto rile at g processing systems which would involve dins. all,if he believes the evidence would not suf j Conclusion clerks and routine procedures in;,small -rice for conviction, i.c.,proojbeyond a The authors,their single-agency data departments and`electronic computers ,e�onob;e doubt.itis s'.car that many cases are affected by the conflicting incentives of I notwithstanding,have offered no tangi- in large ones 9' police and prosecutor,' as reflected in ' bre evidence 4o support their claim;that Meaning of the Reform Is Unclear failures to file,;lenient filings, early dis- j "routine'cases require no investigative The language of the proposed reform in or imbalanced bargaining:' expertise.All varieties of follow-up in- implication here is that all these Y i vesttgation require investigative exper- can be interpreted as meaning:either The A _ q6 THE POLICE CHIEF/JULY 1976 IT iI e f . ff h ills are brought on by having the police than the police? be done with it.In their words it should investigate crimes. The reader hastens be in operation for at least two through the Rand report volumes to An Exercise in Redundancy g p years before a conclusive judgment find the source of these startling fin- The district attorney investigators about its merits is made-"" 1.1 con- dings, but he looks in vain.The whole have a role to play in many jurisdictions sidering the problems of applying this rationale is a bald supposition on the in relation to certain categories of in- recommendation,one wonders whether x, part of the authors, made without an vestigations, and there are instances it should be seriously entertained at all. offering of any data which might where it is expedient for the district at- provide support. torney's office to deal directly with vic- CONCLUDING REMARKS Y: tiros and witnesses.However,almost all ON THE PROPOSED REFORMS A Promising Remedy? routine investigations can be more a Having"proven"the existence of the effective) and efficient) handled b Much of what went awry with the p y y y Rand study and its subsequent repor- problem, a solution is provided: "A the police investigators. The mere ring can probably be traced to un- promising remedy for the problem political considerations of a proposal to realistic expectations on the part of the would be. to place post-arrest in place post-arrest investigations under Rand researchers. These expectations, S vestigations under the authority of the the authority of the prosecutor would be largely produced no doubt pe popular prosecutor's office,under assignment or absurd in-most jurisdictions. 5 stereotypes, led the Rand people to as an integral part of his'staff, depen- If political obstacles could be over- believe that they would discover the . ding on the local situation."" And, come, it would still be a massive exer- previously uttdescribed essences of the where would all of the investigators cine in investigative redundancy, with investigative process required for the newly expanded district the police investigators spending half of attorney's offices come from? Depen- their time trying to show the district at- "We hoped to identify and describe those din on the local-situation, from the torne 's investigators, what the had key program factors which led to improved g % y' g y effectiveness and to suggest how-other. - local police department. The authors already done on the cases.The district police departments might modify their in- ask the rhetorical question,"Is this too attorney's investigators, being totally vestigative practices to achieve the iden- i drastic a measure?Would it not suffice unfamiliar with crime scenes, victims, tilled benefits. These hopes were not_ for the prosecutor to prepare an in- witnesses, informants, reports, tapes, realized."" vestigation manual and help train police and evidence, would spend most of the Having failed in its endeavor, it investigators?We believe that the latter rest of their time going over the same appears that Rand proceeded to erect a would be a less satisfactory solution, ground the police investigators had series of straw men which it then y given the dynamic character of criminal already covered. In addition, there knocked down to provide a basis for fi[ b�aase law and the inherent conflicts r, rains the questionable assumption provocative, and seemingly significant, between two relatively independent that the district attorney investigators findings and proposals. This is unfor- agencies.""What basis do the authors would have sufficient time to manage tunate. Several of its proposed reforms have for this belief?Do they believe that this unpredictable situation. might be beneficial to police agencies. the police are incapable of learning case But, the defective methodology and ill- law and case preparation? And what Conclusion conceived conclusions associated with' basis do they have for their belief that Probably the only additional com- most of the study's findings and district attorney investigators will do-a meet this "reform"deserves is in rola- proposals do not encourage experimen- better job of post-arrest investigation tion to what the authors believe should tation by the criminal justice system.* 'Peter W. Greenwood and Joan'Petersilia, The "Federal.Bureau of Investigation, Uniform Crime 4-Ibid.,p.119. Criminallnvestigation Process Volume l:Summary and Reporting'Xandbook (Washington, D.C., January, "Ibid. Policy implications (Santa Monica, California, The 1974)pp.19,88. -'Ibid.,p.121. Rand Cbrporation,1975),P.x. "Greenwood and Petersilia,p,vii. "Greenwood and Petersiva,p.ix- slbid.,pp.vi-v i. 31Greenwood,Chaiken,et al.,p.viil. .1Greenwood,'Chaiken,et at•,p.38. sIbid..P.26. $rGreenwood and Petersilia,p.vii. "Greenwood and Petersilia,p.ix. Ib d-,P.v. 31Greenwood,Chaiken,et al.,p.46. $'Greenwood,Chaiken,et al.,pp. 126-127. (Peter W.Greenwood,Jan M.Chaiken,Joan Peter- -Ibid..p•51• r.Greenwood and Petersilia;P.ix s»ia,'and Linda Prusoff, The Criminal investigation $$ibid.,p.52. 711bid.,P.'27. Z Process Volume ill.Observations and Analysis(Santa 3-lbid. - 721bid. .$ Monica,California,The Rand Corporation,1975)p.4.'' sllbid.,p.59. rsGreenwood.Chaiken,et aL,p.56. ' 'Greenwood and Petersiria,p.27. "Greenwood and Pe!ersilia,p,v. r4Greenwood and Petersilia,P.x 71bid. '°Greenwood,Chaiken,et aL,p.s9. 1}Greenwood,Chaiken,et al.,p.35. 'Greenwood,Chalken.et at..p.52. --bid. '$Greenwood and Petetsitia,p.x• •Ibid.,p.59. "Greenwood and Petersiiia,p,vii. ""bid.,p.30-31. ,p. .Greenwood and Petersitiavi- 491bid. '$Greenwood,Chaiken,et at.,p.56. "Ibid. 4'ibid..p.14. "Ibid..pp.52-53. - . 'rGreenwood,Chaiken.et al..p.65. "Ibid. -Greenwood Chaiken,et al.,p.35. 7sJan M.Chaiken,The Investigative Process,Volume "Greenwood,Chaiken,et at.,p.76. 411bid., `36. il:Survey of Municipal and County Police Departments "Greenwood and Petersilia,p.vii. •'Greenwood and Petersilla,p.27.' ' (Santa Monica. California, The Rand Corporation, "Greenwood,Chaiken,et al.,pp.65-78. $'Ibid.,p.28. 1975)p,34. "Greenwood and Petersilia,p.vii. •Ibid. 141bid..pp.1-2. '-Greenwood,Chaiken,at al.,PP.69-63.. 8'Ibid..P.14 15Greenwood and Petersilia,P.vl. uibid.,p.69. .$Ibid.,p.28. '$ibid. ''Greenwood and Petersiiia,p.viil. •TGreenwood,Chaiken,et al.,p.74. : 1 69-74. 'Greenwood,Chaiken•et al.,pp.76-78. ''Greenwood, Chaiken,,et at., pp. 122-123: $'Greene pp. and Petersi6a•p.A. - Greenwood and Petersitia,P. "Ibid. '$Ibid. pp.82-83. $•Greenwood and Petersilia.pp.20.21. miibd.,p.30. .y Qsibld.,pp.72-73. $iibid. P.21. ""bid. _ "Ibid-,P.72. -Greenwood,Chaiken,et al..p.105. f11bid p Al. c 'Greenwood and Peitersiria,p. 14. "Greenwood and Petersilia,p.21. s4lbid.,pp.xiii-xiii. `}4Greer•,wood,Chaiken,et al..pp.82.83. --Greenwood.Chaiken,et at.,p.123. "Ibid..p.31. "Greenwood and Petersiria,p.vii. $$Greenwood and Pelersilia,p.ix. •[bid. "Ibid. "Greenwood,Chaiken,et at.,pp.116-123. $11bid. -"Greenwood.Chaiken.et at.,pr 56. Vibid:,pp.38,108- *#Ibid.,p.27.'- "Greenwood,Chaiken•et al.,p.56. •"Ibid.,p.10a. "Ibid..p.xiii. ` JULY 1976/THE POLICE CHIEF 77 SEPTEMBER 10, 1980 MEMORANDUM T0: MEMBERS OF THE CITY COUNCIL FROM: PLANNING DIRECTOR SUBJ. : URBAN RENEWAL AGENCY FORMATION AND ALLOCATION OF FUNDS FOR CONSULTANT TO DRAFT PLAN AND PROGRAM. ON AUGUST 17, 1980 THE DOWNTOWN TIGARD COMMITTEE MET AND DIRECTED STAFF TO PREPARE A REQUEST FOR PROPOSAL (RFP) FOR A CONSULTANT TO DRAFT AN UBRAN RENEWAL PLAN AND PROGRAM. .STAFF WAS DIRECTED TO CONTACT COUNCIL AND REQUEST THE NECESS- ARY FUNDING FOR THIS CONSULTANT. STAFF WAS ASKED TO PRePARE A "PROPOSED URBAN RENEWAL AREA MAP". AND A IETTER TO BE SENT TO THOSE PROPERTY OWNERS WHO MIGHT BE INCLUDED IN THIS AREA. _ YOU SHOULD KNOW SEVERAL THINGS. THE DOWNTOWN COMMITTEE HAS NOT SEEN THE RFP, NOR THE MAP, NOR THE LETTER. I HAD TO REQUEST THE FUNDING FOR THE CONSULTANT TO DO THE PLAN BEFORE ANYTHING ELSE COULD HAPPEN. SO THE PACKAGE IS NOW BEFORE YOU. ENCLOSED WITH THIS MEMO IS THE "INTRODUCTION TO URBAN RENEWAL IN OREGON" AND A DRAFT OF THE RFP. WE ARE ASKING FOR A $20,000.00 ALLOCATION FOR A CONSULTANT. THIS MONEY WILL BE PAID BACK` IF`YOU AGREE TO FORM AN URBAN RENEWAL AGENCY. IF YOU DO NOT AGREE TO FORM THE AGENCY AND HONOR THE REQUEST OF A COMMITTEE WHICH YOU ESTABLISHED IN ANSWER TO THE CHAMBER OF COMMERCE, TEEN IT SEEMS POINTLESS TO CONTINUE ''THIS PROGRAM. OPERATIONAL LEVY PROPOSAL SHALL THE CITY OF TIGARD BE AUTHORIZED TO LEVY FOR MAINTENANCE AND OPERATION OF THE CITY FOR THE PERIOD 51. BEGINNING JULY 1, 1977, AND ENDING JUNE 30, 1978, THE SUM OF $117,594 IN EXCESS OF THE TAX BASE OF THE CITY COMPUTED 3N ACCORDANCE WITH SECTION 11, ARTICLE XI, OREGON CONSTITUTION? EXPLANATION OF BALLOT QUESTION . J `ihe purpose of this measure is to provide a portion of the funds necessary to continue the provision of existing } Operational Budget services which include police, parks, streets, insect control and planning. If this measure is approved that portion of the operating budget to be wholly financed by local taxes for the tax year 1977-1978 will be $16,146 less than that portion of the operating budget wholly financed by local taxes for the preceding year. If approved the estimated tax rate for this proposal is .46 cents per 1,000 assessed valuation. The estimated tax rate for all City services will be reduced from $1.42 per 1,000 assessed valuation to $1.18per 1,000 : assessed valuation. The total estimated tax on a $30,000 home for 1977-78 would be $35.40. Mark a cross (x) or check (,i) inside the voting square to indicate your choice. YES E] I vote in favor of the proposed levy. NO I vote against the proposed levy. THREE YEAR SERIAL LEVY FOR YOUTH SERVICES PROPOSAL SHALL THE CITY OF TIGARD BE AUTHORIZED TO LEVY, IN BEHALF OF TIGARD COMMUNITY YOUTH SERVICES INCORPORATED, 52. THE SUM OF $66,000 TO RE LEVIED SERIALLY FOR THREE YEARS BEGINNJN: JULY 1, 1977 AND ENDING JUNE 30, 1980 IN THE AMOUNT OF $22,000 PER YEAR, SAID SUM BEING WHOLLY IN EXCESS OF THE TAX BASE OF THE CITY AS COMPUTED IN ACCORDANCE WITH SECTION 11, ARTICLE XI, OREGON CONSTITUTION? EXPLANATION OF BALLOT QUESTION The purpose of this proposal is to provide $22,000 per year for each of 3 years to Tigard Community Youth Services Incorporated to defray a portion of the operational expenses of that organization.. Tigard Community Youth Services provides a prevention program designed to keep youth out of the juvenile court system through intervention services which include counselling, job referral, parent education, big brother and big sister programs, informational seminars and crisis intervention. If this measure is approved, .that portion of the operating budget to be financed wholly by local taxes for the tax years 1977-78, 78-79, and 79-80 will be $17,000 greater than that portion of the operating budget financed by local. taxes for the 1976-77 tax year. If approved, the estimated tax rate for 1977-78 will be.9 cents per 1,000 assessed valuation and would reduce " by an uncertain amount each year thereafter due to increased assessed valuations. The total estimated cost to a .$30,000 home for 77-78 would be $2.70. Marks cross (x) or check (f) inside the voting,square to indicate your choice YES ® I vote in favor of the proposed levy. NO 0 I vote against the proposed'.levy. AGED SERVICES LEVY PROPOSAL SHALL THE CITY OF TIGARD BE AUTHORIZED TO LEVY INBEHALF OF TIGARD LOAVESANDFISHES INC.', FOR AGED _ 53. SERVICESPURPOSES FOR THE PERIOD BEGINNING JULY 1, 1977 AND ENDING JUNE 30, 1978 THE SUM OF $5,000 IN EXCESS OF:THE TAX BASE OF THE CITY COMPUTED IN'ACCORDANCE WITH SECTION 11, ARTICLE XI,',OREGON'.CONSTITUTION? EXPLANATION OF BALLOT QUESTION The purpose of the proposal is to provide $5,000 to Tigard Loaves and Fishes to defray portion of the `operational costs of this organization'which provides nutritional, transportation and.other services to the aged. If this measure is approved that portion of the operating budget financed wholly by Tigard taxes for the tax year 1977-78 will be $3,000 greater than that portion of the operating budget financed wholly by Tigard taxes for the preceding;year. If approved, the estimated tax rate will be 2 cents per 1,000 assessed valuation. .. The total estimated cost to $30,000 home for 1977-78 would be 60 cents. > Mark a cross (x) or i.check (d) inside the voting square to indicate your choice,- YES I vote in favor of the proposed levy. NO ® I vote against the proposed levy. a DOWNTOWN TIGARD COMMITTEE AUGUST 17, 1980 NOTE: FUTURE MEETING DATES ARE: September 17, September 24, October 8, October. 22 November 12, November 26 s Attendance: Present - Hirl, Utz, Brown, Dresser, Patterson, Hanson, Jones, t Halderson Absent - Kadel The Committee discussed the actual formation of an Urban Renewal District. to . . . ."Prepare a request for proposal Motion by Hirl, seconded by Utz _ (RFP) to draft a plan for redevelopment of the Downtown area under an k _ Urban Renewal Agency", passed unanimously_ nation by Hirl, seconded by Brown to . ... "Request authorization from the City Council to expend approxi- ", xi- mately $18,000.00 for a consultant to draft an Urban Renewal Planpassed unanimously. on September 15, the City Council will. discuss Urban Renewal at a Study Session. I will request that they authorize $2.0,000 for a consultant to draft a plan. On September 17, we will have our next Meeting and I will know about the money, etc. Staff was directed to prepare the RFP for review at the September 10th meeting (Note date changed to September l7th) . This document to include a narrative which details the concerns and expectations of this Committee. Staff to also develop an appropriate packet of information concerning Urban Renewal to be 'sent to each property owner in the proposed plan area. 4d!ie° ward N 0 T E NEXT MEETING DATE IS SEPTEMBER 17, 1980' r Request for Proposals to draft an Urban Renewal Agency Plan for the City of Tigard, Oregon. NARRATIVE: The City of Tigard appointed a Downtown Tigard Committee on June 9, 1980 in response to the local Chamber of Commerce request- to investigate possible solutions to major concerns voiced by business interests and local citizen groups in the core area. This committee's first duty was to develop a list of goals relative to the following: 1. Downtown transportation plan and a bus transfer station or light rail station. 2. Improvement of the area to encourage greater commercial response from the public. 3. Development of a firm financial plan to bring about re-development of the area. 4. Consideration of a civic complex to include government offices, library, rental space, etc. After several meetings, the Committee agreed to form an Urban Renewal Agency through the Council:. A request was made for funding to allow the Committee to hire a consultant to draft a comprehensive plan for re-development of the Main Street area. Rather than form:the Agency and then try to sell the plan, the Committee felt that the plan and Agency formation should be developed together so that the plan could be then sold to the affected citizens. This means that the consultant will be responsible for the entire ;package from "blight to the first new concrete". Because of the legal and financial burdens involved in this process, it was agreed that we needed expert advise to insure compliance to the statutes and assurance of success further along the .path. We are now in a position to.proceed realizing that one year from now we should have a plan and all of the implementing documents necessary to complete the project in the coming years. PRINCIPAL TASKS: 1. Draft original Urban Renewal Agency Ordinance for presentation to the City Council. The document shall outline Agency/Council powers,',establish a permanent structure of responsibility, and authorize the creation of a district in compliance with ORS Chapter 457. Page 2 2. Draft an Urban Renewal Plan and an Urban Renewal Plan Report for review/ approval by the Committee, Citizens, Planning Commission, and City Council. 3. Provide all legal and financial analysis brought about by development of an Urban Renewal Agency. This is to include the preparation of all documents, the presentations before governing bodies, the tax increment financing analysis, and all liason between the City and the County. - FORMAT OF YOUR RESPONSE: 1. Experience in Urban Renewal field to date. 2. Outline of your approach to this specific project and an estimate of time for each phase. 3. Description of team strategy related to this project with particular attention paid to citizen participation, and presentation of plans to governing bodies. 4. Anticipated cost of accomplishing the tasks outlined above. SEQUENCE OF EVENTS: The Downtown. Tigard Committee will review all responses and may select up to three (3) firms for an interview. The Committee shall then make a written recommendation to the City Council. This recommendation shall include a contract for professional services for Council review. The Council shall accept, reject, or modify the Committee's recommendation and may accept, reject, or modify the contract. Deadline for submission of your response to this request shall be November 1, 1980. The Committee shall make a recommendation to the Council not later than the first regular meeting of Council in 'December of 1980. It is anticipated that work would be in progress by January 15th of 1981. Aldie Froward k { R it j 4 (f� i 3{ ttr t F i AN INTRODUCTION TO URBAN RENEWAL IN OREGON f ib t S 1 d League of Oregon Citic 1201 Court Street N.E. P.O. Box 923 Salem, Oregon 97308 September, 1979 � a '110 NO MEMO n k Runs FOREWORD urban renewal is a device that has received mixed reviews from its users v and observers. As cities have cast about desperately for tools to use in renewing deteriorated areas and bringing new vitality and economic health to their communities, urban renewal has become an important tool for achiev- + ing goals not possible through any other device. On the other hand, some critics have suggested that it is over used or mis-used--sometimes at the expense of other taxing districts. Those claims and counter claims led to a thorough review of urban renewal statutes during the 1977 interim and some modifications to the statutes by the 1979 legislature. This publication is designed to review changes made to urban renewal statutes by the 1979 legislature. In addition, it outlines for cities that may be considering urban renewal activities the qualifications that r must be met and procedures that must be followed in operating an urban renewal agency under Oregon statutes. �a The cities presently operating urban renewal agencies were active partici-- Fy pants in the thoughtful and constructive review of the urban renewal r statutes during the interim and during the 1979 legislature. Those same cities were most helpful in reviewing and offering suggestions for improve- €, ments in this publication. Noel Klein, League senior staff associate, was responsible for the preparation of this publication. He also coordinated the League's activities before the interim and 1979 legislative committees dealing with the urban renewal statutes. e k We hope, that this publication w'oll be of assistance to cities and others interested in Oregon's urban renewalprocess. Suggestions from readers concerning improvements that could be made to the next draft of this c manual are, as always, welcome at the League office. t Sincerely, Stephen C. Bauer Executive Director i November, 1979 f , i r 4 TABLE OF CONTENTS Introduction . . . . . . , . . . , . Be, 1 ci<ground . . . . , 1 *, Why Urban: Renewal? • • . . 2 What is a BlighCed Area? . . . . . . . . . . . 3 How Does Tax Increment Financing Work? The Urban Renewal Agency . . ° . 5 f Creation Powers General r Within an Urban Renewal Project Area 7 Termination . . , . . • ' . The Urban Renewal Pian . . . . . . . • • • • • . ' ' ' . 8 Preparation of: The Plan . . . . . . . . 8 The Accompanying Report . 9 Adoption of the Urban Renewal Plan . 10 Amendments to the Plan 10 Financing the Plan 12 Administering the Plan 13 Urban Renewal Projects 13 Types of Projects . . t3 Acquisition and Disposal of Land ' ' ' ' ' ' Relocation . . 15 Conclusion ' 16 Appendix: Calculating Tax Rate Impact a INTRODUCTION t, urban renewal , as a program aimed directly at eliminating conditions of alums, blight and deterioration in urban areas, grew out of the Federal Housing Act of 1949. The federal program provided a means of financing renewal efforts through loans and grants to public agencies. While the Federal government provided the funds it also mandated very detailed regulations that specifically outlined how the program was to operate. In 1951 the Oregon legislature approved, in ORS Chapter 457, a grant of power to housing authorities to become involved in the urban renewal process. it did not attempt to duplicate or pre-empt the existing federal guidelines governing operation of a program. In 1957 the power to function as an urban renewal agency was extended to city councils, county commissions or separate bodies appointed by the city or county. Almost all renewal projects in the state were federally assisted until the passage of a constitutional amendment in Oregon in 1960, authorizing the use of tax increment financing, increased local resources available for urban renewal activities. Passage of the Federal Housing and Com- munity Development Act of 1974 phased out the direct federal involvement in urban renewal programs. Although renewal activities can still be financed using community development block grant or other federal funds, the federal rules and regulations which governed renewal projects and which supported ORS Chapter 457 were repealed with the passage of the 1974 Act. r " In response to claims that some public agencies were using tax increment financing in an inappropriate manner, the 1977 Legislature directed an interim legislative committee to study the whole area of urban renewal and 'tax increment financing and to report back to the 1979 session. The interim study led to the introduction of HB 2083 which, in the form it was finally approved by the Legislature (Chapter 621 Or. Laws 1979) effective October 3, >1979, substantially rewrites the urban renewal statues in Oregon to provide statutory direction in the 'formation 'and operation of renewal agencies. The purpose of this report is to outline what is now required in order to form an urban renewal agency and identify the constraints under which such an agency will operate. The 1979 legislature also passed a major property tax relief program, a segment of which calls for a five percent limit on annual increases in the statewide assessed valuation of all property ,in the state.< This may limit the annual "increment" or tax revenue available to`'a renew.-] agency, - particularly if tax rates remain constant or continue to decrease follow- ing ollow ing the trend of recent years. The five percent limitation applies to values statewide and it will still be possible forpropertyindifferent s areas to experience annual increases in value well in excess of five per- cent. Given the assessment`''limitation, action by taxpayers in approving g'- higher levies can only, result in higher tax rates which may offset the slowdown in assessed value increases in the renewal area. Tax initiative ' measures to be placed on the November, 1980, "general election ballot which propose to greatly restrict increases in both assessed values and the tax rate pose a greater threat to the future of urban renewal financing. r a - { i E s 1. Cities in Oregon that have established urban renewal agencies include Portland, Eugene, Salem, Springfield, Beaverton, Newport, Coos Bay, Toledo, Cascade Locks, Albany, Tualatin, and Cottage Grove. The League acknowledges the efforts and assistance of several local and state officials and interested individuals who participated in a review of the report and whose suggestions and guidance have guaranteed a better product. R NO 9 r_ i i. s. _ 6 e fr r,. M A I BACKGROUND WHY URBAN RENEWAL? Orec,c,n'> urban renewal laws are contained, for the west part, in ORS Chapter 1157. The need for such a law is stated in ORS 457.020: 1 n,1;t,',0::0. 1 i1r:1'cbd 1.:; jUund (171d ,zeal'all,Y,: ( {1 't:llert there' 1.xiet, within thc; :;trate Wightod tu'u•LIu. I'htlt ;,u,41 ttreu: impair coono»tic valuct ;rrtd tox re:verrc00. +: 1 of ,"ILZt. .:r.f"ll JV(%Za, causo ,ul of Ohl t'!'L1Ke' eti/ii CU313tLtuf q N1GnUce to tllr✓ ht Ilt{i, Saf'ctl, morals an/: decondi;a,'lf arc J' the resr' tYcLIzations r FI�cEas"i.tate excessive and disprovortionate jxp,,ndi tUres of pv_hZ!u f1plds for crime prevention and punishment, pzc1,'Lic health, safety crlcl weZj<zr-e, fere and accident protection and other public services 1znd facilities. (r) That certain blighted areas may requ;'rc acquisition and Le,arance since the I'1r'evailing condition of decoy !ray Mo.!-,,3 2mg?racti- cabZ.e the reclamation of the area by conservation or vub,Izbilitation, but other areas or portions thereof may be susceptible of conservat"i.on or rehabilitation in such manner that the conditions and evils mentioned :n suboections (1), (Z) and (3) of this section may be ulim2nated, ,'e»lcdied or prevented and that such areas shoud, i i' possibZo, be noFzserved and rehabilitated through appropriate pubZic action and r by cooperation and voluntavy action of the oz,7ne:rs and tenants of pl-ol,crtt.i in asu('h areas. Ir,) That the! ae?qu2:;2tion, cunservat:Ur:., rc ,ZblZitation, .redf:vPZ.op- mvfl, ("!etlr,lnUt', 2'I1"Ztinning anal i,veparation fill' "7 cling Jf thCae' 1 ,re'UeYtt,l.on or the reduction tJf L'i"i.gh'L eINt:I 't:' C.'aL1:;o'a%, t»ztl 1 1e. l „r.. 'WhI is uoev and I zcrllJ;;cs fur whzch public m„rccy may be spunl and {'2'tvate 11r'onerty aequi'red and are governmenta f'uncti,on:. of state c•once r'n. , (U) That there are also certain areas where the c=ondition of the title, t{1e diverse ownership of the land to be aasembled, the street or to layouts or other conditions prevent'a proper develop- ment of the Lzild, and that it is in the pubZic interest that such areas, as well -t : blighted areas, be acquired by em,in`nt domain and made available for :.aund and wholesome' development in accordance r,si th a redevelopment or urban renewal;plan, and that the exercise of the power of eminent domain and the; ,financing of the acquisiti.or' and pr','p- arati.on of land by a'public agency for such redev�•lopment or urban renewaZ Ls likewise a pubZic uc,e;and purpose. (7) That redevelopment and urban renewaZ activities will stimulate residential construction which is closely corre l a tad with general. oconomic activity; that undertakings authorized by this chapter will c.i.d the production of better housing and more de .irab7cr neighborhood t and oor.�tmuni ty development at lol,r.r co is and .1. 1-* make l o.>.;:Z,Zc a mare ::tat'lc, and lar.;er ootwnc Uj i t. ai.<IenLi.aL conotru,'! i UF2, hz!?h %.221 uroi:,t »,ratctr.nl,l,lr in m:nrntaininei full Emrloyment. (8) i'hat the nece.s-sit?I in, the pubi 'c' 1n1 :r ;1. t:l thi, ohopterr »tatter 0j' ZegisZative tt::Iterriinatiun.” 1. QRS numbers: refer to section numbers prior to the ir.,:orporation of the. 1979 Jaws into the statutes. As:a result of the changes «xne of these section numbers may be altered when the 1979 laws are published 'i'n December, 1979.` -I- i t 3 leislati volvement This section clearlor,eeeveenstosthegextent`/ofintent using itdirect emieminent of the public sect to bring about the elimination of blighted areas in the state. --F IS A BLirHTEd AREA? ORS 457.010 offers the following definition: son 11457.010. (1) "Blighted areas" mes are improper as whic , by reaties�r deterioration, faulty planning, inadequate deleterious land use or the existence of unsafe structures, or any combination of these or other factors, are detrimental to the safety, health or welfare of the community. A blighted area is characterized I,;/ the existence of one or more of the following conditions: + (a) The existence of buildings and structures, used or intended to bc, used for living, coimnerc•iaZ, industrial or other purposes, or ,ry combination of those uses, hi onec or aycJ-Ombination)oft theccUPY fol7.nra- fur those purposes because of y ing conditions: sicaZ construction; (A) Defective design and quality of phy (B) E'auZty interior arrangement and exterior spacing; (C) overcrowding and a`high_ density of population; (D) Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities; or (E) Age, obsolescence, deterioration, dilapidation, mixed character or shifting of uses. (b) An economic dislocation, deterioration or disuse of property resulting from faulty planning; or lots of (c) The division or subdivision and sale of property t irregular form and shape and inadequate size or dimensions for property usefulness and development; (d) The Zaying out of property or tots in disregard of contours, drainage and other physical characteristics of the terrain and sur- rounding conditions; (e) The existence of inadequate streets an, ether rights-of-wa}; Open "paces and utilitic?s; (f) The existence of property or Lots or c)ther areas which are subject to inundation by water; ' of depreciated values, impaired investments ;(g).A prevalence and social and eco�amiiSr'rreducedtand dtax receipts are to such an einadequate efor capacity to pay taxes the cost of public services rendered; >_(h) A,growing or total lack of proper utilization of areas, resulting in a stagnant and unproductive condition of land poten- tially useful and valuable for contributing to the public health, safety, and welfare; or utilization (i) A loss of population and reduction ofortion and added costs proper of the area, -resulting; in its further deterioration to the taxpayer for the creation of new,public facilities and services elsewhere. " This section identifies a rather broad, list of conditions, any one of which would, on~its face, identify the,area as "blighted". it would, however, be dotmore han necessary to carefully analyze and thoroughly ngcthattheaareaeisoblighted. ist one, of these conditions e -2- The Oregon Supreme Court in Foel ler v. Housing Authority 01 Pott lanai. 198, t)R. 2U5, 256 P. 2d 752 (1954 deliberated at length on what constituted blight "Ild deterioration and should be considered required reading prior to any ,t icnq,t tc, dncument the existence of blight. H()W DOE- S TAX INCREMENT FINANCING WORK? Unca the put)] benefit of eliminating blighting conditions is accepted, the tax increment financing process can be seen as a logical method of financing the. renewal program. The theory_of tax increment financing is that the public cost of undertaking the renewal rogram show be paid from the incra endy pro �ert taxes which result from a successful ro ram. The renewal undertakes to improve public facilities in the a'�utennvestmentlimieinhne�ldevelop- conditions on private property by encouraging p ;lent and rehabilitation. As the private investment occurs, the increased property taxes collected from the initial b�ece�investment. dedicated dedication ofurban therincreased newal agency to repay the intt P taxes continues until the agenc(uedsduthein 9t ringvtheenonet nterinThereafter, he onat investment and any interest ac creased taxes would be paid to the regular governmental districts levying a property tax with the result being a decrease in the taxes levied against all other property in those districts. Mechanically, this is achieved by the county assessor Untilnthe "freeze''g a "freeze" on the value of property in the renewal area (OR5 457.430) . based - lifted, tax rates for all districts levying taxes inthetarea are totalcurrhe current frozen assessed value but the rate is, in fact, ape assessed value so property owners in the renewal area are treated exactly like ail other tax payers. This produces an excess be the amount of taxes 1, collected and the amount the tax revenues would have been at the frozen car original value, The surplus is the "increment" and is "to be paid into a or shall b On special fund of the agency o finance oryl refinance theprincipaldcarryinginterestout of indebtedness incurred by the agency "Indebtedness" has been given a rather the urban renewal plan. (ORS 457.440) broad construction and some agencies have utilized the increment to finance redevelopment on a pay-as-you-go basis. ANCING GRAPHIC ILLUSTRATION OF A REDEVELOPMENT PROJECT USING TAX 1NCREMEActuaNT lAValue Tax Increment (the proportion of taxes collected on the value of Assessed l the increment goes to the special -- Valuation fund of the urban f renewal agency) r in -- - -- - - _.._�_. ---•- --t------- "Frozen Base" Dollars �� ; - —[Ton taxes collected __- —— -- on this portion r---r---r---s----r---r-- a tg79 1980 1981 1982 1983 1984 1985 1986 1987 1988 tg8g back toveach tax- This area represents the decline in actual value that may taxing body;. occur during'period,, in the project when improvement 1fE' cleared for new construction. -3 S one way to view tax increment financing is to see it as a form of interim financing, provided by all taxing districts, to make available public invest- went funds that will realize future economic pay off for the taxpayers in those districts. 3 , thean Looked at strictly within the time frame rofarenewal program new deve®p�ersn,within be viewed as a subsidy to the existing poPetY anin up- ding the renewal area. The agency does, after all , invest substantial money grading the public facilities in the area and in provi ding amenities not pice viously existing. When the agency sells land it has acquired, the sale p is based on the controls included in the renewal pian and the type of develop- ment desired by the plan. A developer willing to accept these controls conse- quently pays a fair value for the property but this value is frequently less than the cost of other - less restrictive - property in the community. Looked at from a larger view, however, the subsidy may be more apparent than 1eal . Most areas qualifying as blighted have a history freceiving eeivingaa lotrr level of public support for utilities, schools, parksplaygrounds, the community. At the same time these areas require an than other parts of abnormally high level of public services such as police and fire protection and social services. In short, these areas are a financial drain on the public purse for some services while they are left out of the public allocation of money for improvements and amenities. Through the urban renewal process, a community can achieve long term budget sav- gs in many public services to an area, and provide the public facilities and In de- improvements inm any that are needed in order to encourage persons and businesses to de- tide to live and work in the areas. In addition to increased property tax neve- Hues, the community receives very real - but not quantifiable financial and social benefits by having an area restored to a desireable, active neighborhood. With the increased recognition of the costs of urban sprawl and suburban develop- ? meat, communities cannot, in fact, afford to have urban land improperly used and underdeveloped. 1' process recognizes the increased property tax rev- The tax increment financingp ne��uofuthenPro9ram'spcostam and temporarily enues which will result from a succ earmarks those revenues for the pay Tax increment- financing of renewal programs has been used most successfully in As projects which primarily involve the usually providenfor ausignificantramount of 3 a consequence, urban renew plans usually p i ' commercial redevelopmentinthe area.. The larger the amount of private invest - t meat that can be attracted to the renewal area, the larger will be the increase in assessed values. When this occurs, public improvements can be paid for and property returned to the tax rolls at its current market value more rapidly than if the'project included housing redevelopment only. " 4 The impact of inflation in recent years has meant that assessed values in the the renewal area have,grown,ar ase ss intvaluelof os h offsetting new ed hislgerowthehasobeen a area and inflationary int e communities. steadily decreasing tax ;rate in many -4- THE URBAN RENEWAL AGENCY 1AMAT I ON OILS 45/ 13o create, in each city and county in the state a public body corporate .incl politic to be known as the "urban renewal agency" of the municipality. Prior to it% exercising any power, however, the governing body must, by non-emergency ordinance, declare that there are blighted areas in the municipality and that a need exists for an urban renewal agency to function in the municipality. By specifically requiring this declaration to be made by non-emergency ordinance, the legislature sought to provide for the use of local initiative and referendur: powers. The governing body may elect to have the powers of the agency exercised in any of three ways: (a) by a housing authority of the municipality (b) by appointing a board or commission composed of not less than three members (c) by the governing body itself (its actions as the renewal agency _ are actions of the agency only and not those of the governing body) How these powers will be exercised must be identified in the ordinance and may be subsequently transferred, by ordinance, to one of the other bodies authorized to exercise those powers. ORS 457. 160 provides for the creation of an urban renewal agency when the govern- ing body certifies an area of the municipality is in need of redevelopment or rehabilitation following a flood, fire, earthquake, storm or other catastrophe. The Governor must first certify the need for disaster assistance under Public Law 875, Eighty-first Congress, 64 Stat. 1109, or other federal law. In these circumstances the governing body may declare the need for a renewal agency and k approve a pian and projects in the area without regard to the normal provisions requiring conformance to any' comprehensive or economic development plan for the municipality and requiring findings that the renewal area be blighted. POWERS General. The urban renewal agency is, granted general powers in ORS 477.180 that, while limited in scope, are not limited to urban renewal project areas and therefore may be undertaken anywhere within the municipality. "They permit an urban renewal ;agency a means of planning and developing programs of a limited nature without thi formality and the required plans and approvals of an urban renewal project." 11457.180, An urban renewal agency, in addition to its other peers, may: (1) Make plans for carrying out a program of;voluntary repair ana rc"habilitation of buildings and •improvements. (�J Make plans, for the enforcement of Zan%s, codes and regulations ~ t��•IrzGirty to: (a) The use of land. (b) 1`he use and occupancy of buildings arcl in1Provements. (c) Phe repair, rehabilitation, demolition or removal of build- ;;nyu and improvements. (S) Make plans for the relocation of peroua.,, and property Jis> placed by an urban renewal project. (' 2. ' 01iver I. Norville, Urban Renewal , Land Use Handbook, Oregon State Bas Committee on Continuing Legal Education, 1976, page 25-5• -5 ) - r (4) Alake, preliminary plans outlining urban renewal activities for neighborhoods to embrace two or more urban renewal areas. (5) Conduct preliminary surveys to determine if the undertaking anus currying out of an urban renewal project is feasible. test and report methods and techniques and carry oul, �l�vrcnr:;l.�•,iti m" anul crthfzr activiti,:�c fax' the prevE'nt.ion and the •iir,rination oJ. urban 1,741t. (I) E;ntgcagE in Wly ether housing or community developmentactivi:- Lies specif'icaZlydelegated Z mitedttogthe Zand aequisitioning oand of the muidispostion, 1naLity including but conservation and rehabilitation, residential,fhousing, 2sa tof gr'�^.nt's construction, Leasing or management of 9a andthemaking and loans from any available source.` , is The urban re Within an Urban Renewal Pro'ect Arith ea.approved urban renewal pnewal lan. These powersare very broad powers to carry out Under appro agency y plan or undertake enumerated in ORS 1+57.170. lemenththeis srenew,altplan. it is important to note urban renewal projects to imp may only be exercised .following approVa) of the renewal that the agency's powers The agency is therefore only Plan by the governing body of the municipality.*eperformed--ultimate control over the instrument through which the projects are p the undertaking of an urban renewal project rests with the elected governing body of the municipality, "437.170. An urGnn renewal agency may plan or undertake artu urban renewal project to carry out an approved urban renewal plan. in planning ar undertakincy an urban renewal project, the urban _ renewal agency has the power: owers (1) To carry out any work or undertaking and exercise any p er which a housing authority is authorized terformoo thisrchaptecise rdpro- ORS 456.055 to 456.230, subject to the provisions mit vided, however, that QRS 456.155 ;and 456.160hdo 'naserot Liesseehe land. power of an agency inevent of a' de�auZt by a and o erate it free from in an urban renewal plan to acquire prop y p the restrictions in those sections. (2) To carry Out any rehabilitation or conservation work in an urban renewal area. (3) To acquire real property, b condemnation if necessary, when p ty� y needed to carry out the plan• includi the demolition, re- (4) To clear any areas acquired, improvements. movaZ or rehabilitation of buildings and reets, u (5) To install, construcCe r recohetri urbantct srenez�aZ planzties and site improvements in plans ro ram o the voluntary repair and (6) To carry out plans for a p f -- rehabilitation of buildings or other improvements in an urban renewal area in accordance with the urban renewal plan. and property situated (7) To asrenewal. areacin2accordance withpersons nthenapproved urban renewal in, the urban mems. , plan and to make relocation pay sale or lease, any property or (8) Todispose of, including by an renewal area in accordance with the part thereof acquired in the urb approved urban renewal plan. (9J o plan, undertake arui capryo,out neighborhood project undertakings in oneeporrtmorea grams consisting of urban renewal p j ed out ° th urban renewal 'areas which are planned and carrethiseehasis terofar' annual increments in accordance'with the provisions of p rlannzing 'and carrying out urban renewal plans. -6 5 (10) To accompZish a combination of the things listed in this section n t!ar=r y out an urban renewal plan. " TERMINATION If the governing body of a municipality which has an urban renewal agency finds that there is no longer any need for its existence it may, by ordinance, termi- the agency and transfer its facilities, files and personnel to the munici nate - pal Should this occur the municipality is then, for purposes of legal actions, considered a continuation of the agency, contracts or obligations of the agency, However, termination is not allowed until all indebtedness, to which a portion of taxes levied In the renewal area is irrevocably pledged, is fully paid. i f 1 i 3 I t� _ L F > E w .. } THE URBAN RENEWAL PLAN PREPARATION Once established the urban renewal agency may formulate a series of proposals for eliminating blighted areas in the municipality. Activity in these "urban renewal areas" can only begin following the preparation and formal adoption of an urban renewal plan that sets out in some detail the activities or "urban renewal projects" that will be undertaken by the agency in the renewal areas. The plan may consist of several projects in each area and may include a number of different areas, although normally each renewal area is the subject of a separate plan. In preparing the urban renewal plan the agency must provide for public involve- , ment in all stages of its development. Any plan proposed by an agency must contain, at a minimum, the following information: (a) A description of each urban renewal project to be undertaken; (b) An outline for the development, redevelopment, improvements, land acquisition, demolition and removal of structures, clearance, rehabilitation or conservation of the urban renewal areas of the plan; (c) A map and legal description of the urban renewal areas of the plan; (d) An explanation of its relationship to definite local objectives regarding appropriate land uses and improved traffic, public transporta- tion, public utilities, recreational and community facilities and other public improvements; (e)' An indication of proposed land uses, maximum densities and building requirements for each urban renewal area; (f) A description of the methods to be used for the temporary or permanent relocation of personsliving in, and businesses situated in, the urban renewal area of the plan; (g) An indication of which real property may be acquired and the anticipated disposition of said real property, whether by retention, resale, lease or other legal use, together with an estimated time schedule for: such acquisition and disposition; and (h) A description of what type of possible future amendments to the plan are so substantial as to require the same notice, hearing and approval procedure required of the original plan. THE ACCOMPANYING REPORT impact of proposed renewal activities'pri While the renewal plan identifies the - marily ;in terms of land use changes, the law also requires the preparation of supplemental informationthat must be incorporated in a formal report to accom-__ pang the plan. The report contains financial , budgetary and other information ti necessary to develop an understanding of how the plan will be put' into:effect. Since these factors are more subject to change than proposed land use patterns, they are set aside from the plan itself so that modifications maybe made. The accompanying report must contain: (a) A description of physical , social and economic conditions in the urban renewal areas of the plan and the expected impact, including the fiscal impact, of the plan in light of;added services or increased population; (b) Reasons for selection of each urban renewal area in the plan; i j 51 t (c) The relationship between each project to be undertaken under the plan and the existing conditions in the urban renewal area; (d) The estimated total cost of each project and the sources of moneys to pay such costs; (e) The anticipated completion date for each project; (f) The estimated amount of money required in each urban renewal area under QRS 457.420 to 457.440 (tax increment financing) , and the anticipated year in which indebtedness will be retired or otherwise pro- vided for under ORS 457.440; (g) A financial analysis of the plan with sufficient information to determine feasibility; and (h) A relocation report which shall include: (A) An analysis of existing residents or businesses required to re- ', locate permanently or temporarily as a result of agency actions which might be taken to implement the plan. (B) A description of the methods to be used for the temporary or permanent relocation of persons living in, and businesses situated in, the urban renewal area in accordance with QRS 281 .045 to 281 .105; and (C) An enumeration, by cost range, of the existing housing units in the urban renewal areas of the plan to be destroyed or altered and } new units to be added, ADOPTION Once prepared the urban renewal pian and accompanying report must be forwarded to the planning commission of the municipality for recommendations, prior to presentation to the governing body for approval . No plan can be carried out until it is approved by the governing body. if the plan proposes urban renewal areas that go beyond the city boundaries then the governing body of the other city or county in which any portion of the urban renewal area is situated must [ also approve the plan before it can be implemented. When the governing body receives the proposed urban renewal plan and report from the urban renewalagency, it must secure public testimony on the plan. After A considering that testimony and the planning commission recommendations, if any, it may approve the renewal 'plan,'by non-emergency ordinance subject to local initiative action. The ordinance will incorporate the plan by reference and include determinations and findings by ,the governing body that: (1) Each urban renewal area is blighted; (2) The rehabilitation and redevelopment is necessary to protect 5 the public health, safety or welfare of, the municipality; (3) The urban renewal,plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the t urban renewal plan proposes;` (4) Orovision has been made to house displaced persons within their financial means in accordance with ORS '281.045 to 281-105 and, except in the relocation of elderly or handicapped individuals., without displacing on priority lists persons already waiting for existing federally subsidized } housing; (5) If acquisition of real property is provided for, that it is necessary; i (6) Adoption and carrying out of the urban renewal plan is economi- i caliy sound and feasible; and (7) The municipality shall assume and complete any activities pre- scribed it by the urban renewal plan. i' -9- 1 Notice of adoption of the urban renewal plan and a statement that the plan will be conclusively presumed valid for all purposes unless challenged within 90 days of its adoption must be published within 4 days of its adoption. The notice is to be published in a newspaper having the greatest circulation in the municipaiit%, and which is published in the municipality. If no newspaper is published within i the municipality, then the notice must be published in the newspaper, having greatest circulation in the municipality, which is published nearest the municipality. A copy of the ordinance approved by the municipality is then sent to the re- newal agency. The plan is then recorded by the agency with the recording officer 6 of each county in which any portion of an urban renewal area within the plan is situated. AMENDMENTS TO THE PLAN The urban renewal Man should not be construed as a document cast in concrete. As renewal projects develop it may be discovered that there now exists certain circumstances that were not perceived when the plan was originally formulated. A certain degree of flexibility will help make the renewal project more respon� sive to new conditions as they occur. The urban renewal plan itself is required to describe the type of possible future amendments to the, plan that are so substantial as to require the same notice, hearing and approval procedures required for adoption of the original plan. Amendments to the plan may not add any more than 20 percent of the total land area of the original plana FINANCING THE PLAN � While the use of tax increment financing represents the major source of finance for most renewal projects in the state, the outlays made by the urban renewal agency may come from many sources. Federal grants may be involved. Revenue bonds, assessments, ;general fund monies, short term loans and state funds in certain`circumstances, e.g. , highway funds on streets in the renewal area, are all possible sources of revenue. The municipality in which an urban renewal agency is established may exercise any of its lawful powers to assist in the planning and carrying out of an urban renewal plan. Specific mention is made in the urban renewal statutes about the municipality's ability to issue general obligation bonds for these purposes and the ability of the urban renewal agency to assume payment of the bonds from whatever revenues it has available. The generalobligation`bonds`would of course be subject to approval by a vote of the people before they could be issued. However, interest rates on general obligation bonds have traditionai'ly been rower than on tax increment bonds. ORS 457. 190 authorizes the agency to borrow money and accept advances, loans, grants and other forms of financial assistance from the federal government, the state, county or other public body, or from any 'sources public or, private, for the purposes of undertaking and carrying out urban renewal `projects. The agency may "do all things necessary or desirable to secure such financial aid." (ORS 457.190) -10- 1 Article IX, Section I (c) , of the 0regon Constitution adopted by the people in 1950 10permitted the Legislature to provide that any increase in taxes resulting from an increase in the ad valorem taxes, imposed by any and all governemnts levying property taxes, in an urban renewal project could be used to pay for any indebtedness incurred for the project.113 In 1961 the legislature authorized the use of tax increment financing for urban renewal projects. An explanation of how tax increment financing works is found on page 3 of this report. Once an urban renewal plan has been approved and the county assessor has pro- vided for the division of taxes to allocate the "increment01 to the renewal agency, tax increment or tax allocation bonds may be issued. Unless authorized by the voters and having a "fall back" provision on the municipality's general taxing powers, these bonds are not general obligation bonds and are secured en tirely by the increment in dollars to be received as a result of the growth in assessed values in the renewal area. They do not require a vote of the people before issuance and do not violate existing statutory, constitutional or charter debt limitations of the municipality. Interest rates on the bonds are usually higher than General Obligation bonds . As with other municipal bonds their marketability is increased by the fact that interest paid to the purchasers of the bondsisexempt from state and federal taxation. The sale of tax increment bonds usually involves: "Obtaining, in behalf of the issuer, a feasibility analysis as to the projection of the increment that will be available to service the bonds, which is usually prepared by an independent consultant; An official statement by the issuer, to all prospective bond purchasers, which makes the feasibility study available; I Mandatory full disclosure of all material information that may affect payment of bonds; and Advertising the bonds pub] icly."4 Purchase of the bonds is usually made by investment banking firms that then market the bonds for public purchase. National banks may acquire them for their own portfolio only since they are prevented by federal regulation from dealing as brokers in anything , but general obligation bonds. Finally, when sufficient funds are available to the renewal agency to ;pay any Indebtedness incurred in carrying out the, projects under the renewal plan, ORS 457.450 requires the agency to notify the assessor and tax allocations; to the agency will then strop. Any surplus tax funds of the agency, will be returned' to the county treasurer for distribution among the various taxing bodies. The 1979 legislature prohibited the use of tax increment financing in any urban `- renewal 'plan;adopted after October 3, 1979, if r (a) For municipalities having a 'population of more than 50,000, according to the latest state census: (A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor , 3. Oliver 1 . Norville, Ibid. , 25-12 4. Report of the Joint Interim Task Force on Urban Renewal Financing, State of Oregon, December, 1979, page t7• -11- Ior other urban renewal plans of the municipality for which a division of ad valorem taxes its provided exceeds a figure equal to 15 percent of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas; or (B) The urban renewal areas of the plan when added to the areas in- cluded in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 15 percent of the total land area of that municipality. (b) For municipalities having a population of less than 50,000 accord ing the latest state census: r (A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad , valorem taxes is provided exceeds a figure equal to 25 percent of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas; or (B) The urban renewal areas of the plan, when added to the areas included in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 25 percent of the total land area of that municipality. ADMINISTERING THE PLAN The urban renewal agency will be required to prepare a statement, by August 1 of each year, that contains the following information: (a) The amount of money actually received during the previous fiscal year as "tax increment financing" revenue from the county _ assessor and the amount of indebtedness incurred from obtaining loans and advances in carrying out the urban renewal plan. (b) The purposes and amounts for which these funds were spent in the previous fiscal year. (c) An estimate of the amount to be received from these two sources in the current fiscal year. (d) 'A budget showing the purposes and amounts for which estimated revenues from these sources will be spent in the current year. (e) An analysis of the impact, if any,; of carrying out the urban renewal plan .on the,tax rate for the previous year for all taxing bodies that levy a tax on property inside urban renewal areas. This statement is to be filed with the governing body ,of the municipality. Notice must be published that it is on file at the municipality and the agency for inspection by interested persons. The notice is to be published once a week for not less than two successive weeks before September 1 in the `newspaper having the greatest circulation in the municipality and which is published in the municipality. The notice will summarize the information under (a) to (d) above but will have to set forth in full the information under paragraph (e) relating, to the impact, if any, on the tax rate of other jurisdictions. (See Appendix) In addition to these requirements the provisions of the local budget and audit law apply to urban renewal agencies. -12- " a URBAN RENEWAL PROJECTS TYPES OF PROJECTS_ The law imposes no constraints on the type of project that can be carried out in an urban renewal area. It does require the urban renewal plan to contain a description of each renewal project to be undertaken. Once the plan is properly approved, the renewal agency then has a number of powers enumerated in ORS 457.170 to carry out proposed projects. In deciding the types of projects that should be included in an urban renewal plan it is important to plan for a joint role between public and private re- development. The plan should ensure as much as possible, particularly if tax increment financing is to be used, that projects are capable of providing a favorable economic return to the taxing bodies involved. The focus of urban renewal is not only to eliminate conditions of blight but also to bring about the type of redevelopment that will prevent these conditions from recurring. One prescription for these roles is as follows. "The function of government in urban renewal is to identify the areas in need, prepare plans for proper use of the land, and place controls on the land to assure proper redevelopment. In addition, government makes public improvements in accordance with the pians. The function of private enterprise is to develop and use the land in accordance with the plans. The controls are placed on the lands through restric- tive covenants placed on property temporarily acquired by government and then sold to developers, by enforcement of zoning, building and other codes, and by voluntary compliance.''5 In this context then: "urban renewal may include anything from total or almost total clearance and new development (redevelopment) to conservation or rehabilitation involving, little or no clearance." ACQUISITION AND DISPOSAL OF LAND An urban renewal agency may acquire real property, by condemnation if necessary, to 'carry out the purposes of the plan. It may clear any area acquired, includ- ing the demolition, removal or rehabilitation ofbuildings and improvements. It may install , construct or 'reconstruct' streets„utilities and site improvements in accordance with the plan. It may also dispose of, including by sale or lease, any property or part there- of-acquired in renewal areas, in accordance with the approved renewal pian. ORS 457.230 requires land in anurban renewal project to be made available for use by private enterprise or public agencies. it is to be made available at a - value the agency determines as its fair reuse value--that is a vzlue the agency determines will bring about its development, redevelopment, clearance, conserva- tiion, or rehabilitation in accordance with the renewal plan. The fair reuse value may not necessarily reflect normal market value based on a "highest and best use" approach since the agency may constrain the rights of the purchaser by requiring (a) that the land be used for purposes designated in the renewal plan, and (b) that building of improvements must begin within a certain time period.. 5. Oliver I . Norville, Ibid. , page 25-3 6. Ibid, page 25-3 —13— RELOCATION An urban renewal agency, in the exercise of its land acquisition powers, may face the problem 09' relocating persons or businesses who must be displaced from the acquired land. The agency must assist in this relocation and make relocation payments where this occurs. ORS Chapter 281 specifies the type of assistance and payments that must be provided to those displaced. The renewal plan itself Aust describe the methods to be used for the temporary or permanent relocation of persons and businesses. The accompanying report p to the plan must contain a detailed relocation report that analyses existing residences and businesses required to relocate either permanently or temporarily, a description of the methods to be used to relocate them and an enumeration, by cost range, of the existing housing units in the renewal area of the plan to be destroyed or altered and the new units to be added. in the ordinance adopting the renewal plan the governing body of the municipality must make determinations and findings that provision has been made to house displaced persons within their financial means and, except in the relocation of elderly or handicapped individuals, without displacing on priority lists persons already waiting for existing federal subsidized housing. .r a Y. 6 -14- a CONCLUSION By establishing an urban renewal agency, a number of Oregon cities have been able to effectively eliminate blighted areas in the municipality. To the extent that blight has been replaced by prosperity, benefits accrue to the residents and taxpayers of the municipality in which this occurs. They also accrue to taxpayers in all taxing districts that levy taxes on the renewed property be- cause those districts are eventually able to tax the increased value in the area. Notwithstanding these benefits city officials contemplating the use of the tax increment financing to carry out the goals of an urban renewal plan should be acutely sensitive to the fact that: (a) It is a financing tool unlike any other available to the city. In more traditional financing arrangements the city would provide total financing for the project even though schools, the county and other taxing districts would all receive a portion of the tax increment generated by the project. Tax increment financing requires all governments that share in the fiscal benefits of the higher tax base produced in the renewal area to also share in the cost of the develop- ment project. (b) The law allows the governing body of the municipality in which the renewal agency is formed to be the sole decider of how renewal pro- grams will be funded. If tax increment financing is used, that de- cision then commits all the other taxing bodies to share in the pro- ject development costs. (c) The most successful renewal programs have been those where time and effort has been taken to educate affected governing bodies about the benefits the program has for their district.- Consultation with and support from the othertaxing bodies, rather than the unilateral ex ercise of power 'granted in the renewal law, has been the distinguish'- z ing factor between good andnotso successful urban renewal efforts. (d) The county assessor's office will be faced with a substantial work- load increase if ;tax increment financing is to be used. The assessor will have to prepare a certification of all taxable property in the renewal area and this will usually require a manual tabulation of individual lot values for real property, extensive research by the assessor of personal property accounts, and work by the :state Depart- ment of Revenue In determining the value of private-utilities. Since: W at least the real property estimates will probably, be needed to make the financial analysis required prior to the adoption of the plan, ' it will be wise to work closely with and assist the county assessor in the preliminary stages of the urban renevial effort. - t d. Enthusiasm for the establishment` and operation of urban renewal agencies has never been universal and communities should ensure that citizens have ample . opportunity to review and discuss the.proposed pian before its adoption. By drawing on the experience of those cities with existing programs, cities may be able to see more clearly the thorns as well as the roses associated with the urban renewal process. 4 a APPENDIX TAX IMPACT" Or URBAN RENEWAL ON TAXING BODIES ORS Chapter 457 requires an urban renewal agency to prepare, by August 1 each year, an analysis of the impact, if any, of carrying out the urban renewal plan on the tax rate for the previous year for all taxing bodies that levy a tax on property inside urban renewal areas. This information must be published in the manner described on page 12 of this report. What Is The Fiscal impact of Urban Renewal on the Tax Rate of a Taxing Body? In order to understand the impact of urban renewal it is first necessary to con- ` cider how the tax rate for each taxing body is developed. The taxes to be levied by a taxing body represent the difference between the expenditure plans of that body and its available revenues from all other sources. The total amount of taxes required to "balance the budget" (the tax levy) is divided by the assessed value of all taxable property within that taxing body to arrive at a tax rate per 1 ,000 of assessed value. This rate is then applied to determine the taxes tbe paid on any one parcel of property. Therefore the tax rate of any taxing body levying taxes on property inside urban renewal areas may be impacted by renewal activities that affect either (a) the amount of tax levy or (b) the level of assessed value available to that body. For example tax levy supported expenditures made by a taxing body, within the renewal area, that are called for in the renewal plan or report, or are otherwise necessary to carry out the renewal plan will make the levy larger than it would be otherwise. On the other hand carrying out of the renewal plan may well decrease -� the expenditure of tax dollars needed to support the previously blighted area. These amounts are often difficult to quantify but if they can be identified and measured in terms of impact on the tax rate, the information should be added to the tax rate ,impact analysis format suggested in this appendix. The Impact of Tax Increment Financing if the agency uses the tax increment financing powers_ provided by ORS Chapter 457 ' then the amount of assessed value available for.use by the taxing body is different than it=would` be otherwise. As described on page 3 increases in assessed values in the renewal area, over and above the ".frozen" level of values available for use by the taxing bodies, are first reserved to pay for the costs of public improve- ments in the renewal area. It is often suggested that the "tax"impact of urban renewal can be measured;by calculating the tax rate using all the assessed value in the renewal area and then comparing the result with the tax rate calculated using only the "frozen" value. Unfortunately this produces an artificial distinc- tion rather akin to the 'parable of the chicken and the egg. Tax' rates ,for each of the taxing bodies in a renewal area might drop if the captured assessed value in creases were immediately released. - However in a legitimate renewai program,' if the increases were not initially set aside to finance the initial development there would likely be no"program, no signigicant increases .in assessed values in �• the area and only a continuing ,tax drain on all taxing bodies to support the blighted area. When the renewal program is completely paid for and the "freeze" on assessed values `lifted there will be a continuing favorable impact on the tax rate of all taxing bodies and any analysis of tax rate impacts should reflect this effect. ' In reviewing the tax rate impact analysis, citizens should be advised that the 'increases in assessed value within urban renewal areas result from a variety of e_ sources; including the constructionor improvement of buildings, increased value -16 E 1 SUGGESTED FORMAT FOR ANALYZING TAX RATE IMPACT OF URBAN RENEWAL 1. The following taxinq bodies levied taxes in urban renewal areas of the in 19 Ilan)t^ U IC YT Taxing Body (list all taxing bodies) Tax Rate 2. These tax rates were calculated as follows: ' MODIFIED ASSESSED TAXING BODY TAX LEVY VALUEI = TAX RATE list-al l taxing bodies) 3. The assessed value of property in the area(s) has increased from $ when the area(s) was/were formed to $ _ as of January 1 , 19 4. In 19 the urban renewal agency received $! from taxes calculated as .follows: URBAN RENEWAL INCREASED A.V. TOTAL TAX REVENUE FOR AREA IN RENEWAL AREA X TAX RATE = RENEWAL AGENCY $., This revenue received by the agency is used to repay indebtedness incurred in carrying out the urban renewal plan(s) . The outstanding obligations of the as at June 30, 19 amounted to $ -� name of agency Had these obligations been repaid in full or otherwise provided for and the increase in A:1l. of- $ been included to the rate calculations in 19 , tax rates would have been as follows: TAXING BODY (list all taxing bodies) TAX RATE 6. ' The estimated increased assessed value of property within urban renewal ., areas for which indebtedness has been repaid or otherwise legally provided- � for in 19 amounted to $ Since this increased assessed value was considered in the calculations of the tax rates, the tax rates were' re- duced as "a result of the urban renewal program in the following amounts: TAX RATE WITHOUT TAXING BODY (list all taxing bodies) TAX RATE-ACTUAL INCREASED A.V. q i. Excludes Increased Assessed Value in urban renewal areas. -t8- 1 due to improved public faciltiies and services or improvement to the area's total environment, and periodic reassessments based upon market analysis of the value of property. The amount and specific sources of the increased assessed value varies with each urban renewal area. A true analysis of the impact of an urban renewal program on the tax rate of affected districts would need to consider the specific combination of sources of the increase for that program. J. I I X 9/8/80 MEMORANDUM TO THE TIGARD CITY COUNCIL OE RE: Land Use Appeals I have reviewed ordinances and the forms in use in Portland, Multnomah County: Clackamas County and Washington County, and of course I have taken into account what you have told me over the past several weeks with regard to streamlining our appellate procedure. I know that the thing you are pri- W merrily interested in is arriving at a mechanism for handling the hearings before the city council which cuts down the time involved on the nights of council meetings and is also easy to understand. As something for you to think about as you look at what other jurisdictions are doing in this area let me make a suggestion. Please don't take this suggestion as a strong recom- mendation from me, just something for you to have in mind to build your own thoughts on. You are the ones who have to handle these things and the most important thing of all is to be sure that you get exactly what you want in any revision. Here is my vvsuggesti.on": 1. Shorten the time allowed for an appeal to ten days. r' That is, the notice of appeal would have to be filed within ten days after the decision of the planning commission. 2. Require that all appeals be filed on a form pro- vided by the city. This form, like ,the`forms, used by _ Multnomah County and the City of Portland, would require the appellant to 'spell out his ground for appeal insome detail. This would be useful in `hat it would help the staff and the city council to know in advance whether_ the appellant was just trying to.get a "second opinion" or really felt the planning coMMssion had misunderstood some 'fact, or hadsome evidence to 'present which for some reason he could not have anticipated to be useful at the time of the hearing before the planning commission. When you have looked at the Portland and Multnomah County forms, ' particularly Multnomah County's, you will see how helpful this can be. You will note that the Multnomah County form permits the appellant to choose the form of the "hearing" before the reviewing body. You should know that although the appellant can make this request someone on behalf of the Board of County Commissioners of Multnomah County makes a ruling on this request before the time set for the hearing. An appellant may well request the opportunity 2 to give both argument and new evidence, and have all or a portion of that request rejected, and show up on the daof the hearing with the agenda fixed de such a way y as to preclude either argument or new evidence or both. As I understand it, in Multnomah County that decision is left to staff. I- Give the city staff ten days to respond in writing to the argument set out by the appellant. You might well want to give the planning commission that right, also. 4_ Have the staff set the amount of time to be allowed at the council meeting for argument. This limi-- tation would be printed on the agenda. of course as a practical matter there would be instances where once the hearing had started it would be clear to everyone that 4 the subject could not be covered in the amount of time allowed; just as there would be instances in which it was obvious that it was not going to take as long as estimated. I think that printing the limitation on the agenda puts a really strong practical restraint on people. 5. it might also be a good idea to distribute a letter with the forms for notice of appeal, as Portland does. In Portland's case this letter describes hat appeal process, alerts the appellant to the procedure be followed on the day of the hearing, and encourages him to make use of the form to make his argument as clear as possible. it seems to me that one of the things you want to avoid is the need to have the council rule twice on any one appealo That is, `we don't 'wan* to have to take the time of the ,whole city s council to say, "Yes, you can pug on new evidence" It "No, this is not a'`case' where new evidence is appropriate." It ;nay be that in some ;cases 'that: decision is important enough for- a city council to make, but I don't think that the occasions ;on which it is that important are frequent enough to; justify slowing the process down enough to do that in every instance. I don't know 'of any legal .. ' reason why staff can't make that decision. You may occasionally get an argument from an appellant about the decision staff has made, but in my limited experience having it done in writings in the farm of an 'entry on the agenda, makes it acceptable to most people. Joe D. Hailey IN d a Cl ACKAMAS .ij MULTNOMAH WASHINGTON Mum 32o S.W.STARK STREET(SUITE 530) PORTLAND. OREGON 97204 PHONE:229-5307 N O T I C E O F H E A R N G NOTICE IS HEREBY GIVEN THAT AT 7:00 P.M. ON THURSDAY, SEPTEMBER 18, 1980, IN ROOM 602, MULTNaNtAi CO. COURTHOUSE, 1021 SW 4th Ave. , PORTLAND, ORE, , THERE SHALL BE A PUBLIC HEARING BY AND BEFORE THE PORTLAND METROPOLITAN AREA BOUNDARY CaNr4ISSION ON THE PROPOSED NOTICE RULE BELOW. INTERESTED PERSONS MAY APPEAR AND SHALL BE GIVEN REASONABLE OPPORTUNITY TO BE HEARD. NOTICE RULE Prior to adoption, amendment, or repeal of any rules the Commission shall give notice of the proposed adoption, amendment or repeal: 1. In the Secretary of State's bulletin referred to in ORS 183,360 at least 15 days prior to the effective date: 2. By legal notice in a newspaper of general circulation in Clackamas, Multnomah and Washington counties. 3. By mailing a copy to each city, district and county under the Commission's jurisdiction and to other interested persons on the a Commission's mailing list. 4. By providing a news release by mail to the 'KEX, KGW, KOAP, KPANI, IMDR, KUPL, KXL, KYTE and"KYXI radio stations; the KATU, KGW, KOAP, KOIN and KPTV television stations; the Canby Herald, Clackamas County News, Daily Journal of Commerce, Enterprise-Courier, Gresham Outlook, Hillsboro Argus, Lake Oswego Review, 'Molalla Pioneer, 'Sandy'Post, The Oregonian, The Oregon Journal, The New Review, Tigard Times, Valley Times, Washington County News-Times and Wilsonville Times newspapers; the Associated Press and United Press International press services. SEPTEMBER S 1980 JAMES L. (Jamie) MATER, Chairman STAFF COMMISSIONER& DONALD E CARLSON, Executive officer PETER M_DONALD,Chaimian JAMES MATER KENNETH S MARTIN, Executive AssistantJEANNE ROBINETTE,Vice-Chairman FAMA PARTLOW DENIECE NON, Program Executive FRANK EISEMAN DORINDA SOLk EIM fCAPI KRET2ER,S iministrative Assistant CAROLYN GASSAWAY CAROL STEELS DALE JOHNSON MARIE WILLIAMS i TIGAI D U DATE A WEEKLY NEWSLETTER September 11, 1980 ` 222 to 1. 222 Applications were received for the Research and eve opment Aide position. In order to further screen these applications, we sent the "qualified" candidates a questionnaire asking them to detail their training and sxperience in research, ,grant writing, municipal problems, equal employment opportunity work etc. The questionnaire is due back to us on September 15th. Screening of applicants will be completed by September 30th. Interviews will take place in early October and we hope to make the final appointement by October 10th. SENIOR BIDS. Bids for the Tigard Senior Citizens Center will be opene T ursday, September 18 at 3:00 p.m. . i4fP© 4 ACTIVE, Staff met with a new, revitalized NPO ir 14 Organization. -- Mem ers agre�eE that it was time to update their plan. TPOA CONTRACT The City and TPOA have executed the 1980-82 un on con ract. This was accomplished on Sepetember 10th. i TRAFFIC-BUTTONS City crews are placing traffic buttons on some ol the s ree s that were recently overlayed as part of the 1979-80 overlay program. The purpose of the experiment was to have an example of the long term value of providing pavement markings that show up well at night and in he ran and also have a 4 to '5 year + life expectancy as compared to paint. Paint does not show up well in 'the rain or at night and smears thinin 30 to ,60 days. This, example was to ;provide insight to the Budget Committe as 'evidence that $17,000-00 for buttons should be approved for the 1980-81 budget. - - - - - - - - - - - - - - - - - - - - - It wasn't! ! BANCROFT #6 Canterbury Lane improvements were bancrofted as wears ago. Finance is in the process of closing out this account as it is all paid. COOK PARK USE From May thru September of this year 9,300 people reserve a facilities for; picnics. This ;does_ not count all of the drop in picnicers, the boy scout, girl scout and YMCA day camps or little league, not to mention Tovm and Country Days.