Loading...
HomeMy WebLinkAbout08-26-02 Joint Meeting Health & Public Safety and Residential Neighborhoods tommittr **port Point meting of the tealth an teubzit *a[hhtt tommittet alntr the Xtesibential eigijboroodz Committee The August 26, 2002 meeting of the joint meeting of the Health and Public Safety Committee and the Residential Neighborhoods Committee was called to order by Residential Neighborhoods Committee Chairperson, Council Member Charlotte Pfeifer at 5:07 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Varner, Aranowski, Pfeifer, King, Kelly, Kirsits, Coleman and White; City Attorney Charles Leone, Director of Public Works Gary Gilot, Citizen Member Isabele Gonzalez,and Kathleen Cekanski-Farrand,Council Attorney. Council Member Pfeifer that Bill No. 42-02 which addresses Gang Loitering Regulations was referred b y the Common Council to the Health and Public Safety and the Residential Neighborhoods Committees for further review and recommendation. She noted that the ordinance will have city-wide effect with particular emphasis on "hot spots" where gang or narcotic activities are going on in conjunction with loitering. She noted that there have been many meetings with the Council, with Police Officers including the Police Administration, with members of the Legal Department and our Council Attorney. She noted that in the 13 or so community meetings held on the proposed ordinance that racial profiling was raised as a possible concern. She noted that the " proposed ordinance covers behavior, behavior, behavior and with proper training of the police officers", racial profiling should not take place. The ordinance has been carefully drafted so that it is"behavior specific". She further noted that there is a lot of misinformation out in the community, however she hopes that in light of the many opportunities which the public has had to participate in the process that there is now a better understanding of the proposed ordinance. Council Member Pfeifer noted that under the current ordinance in effect in this area in Chicago that they have had over 18,000 dispersements. She noted that some of the local police officers have cited that fact that they cannot arrest an individual and therefore the ordinance would have limited effect. Council Member Pfeifer stated that disbursement rather than arrest has been the key enforcement component in Chicago and the concerns raised about the lack of arrest power are not a real issue. She stated that if the officers are truly concerned about that issue, that they should contact the State Legislature to voice their concerns. She noted that Police Officers must have _. probable cause based on factual information in order to enforce this ordinance. The ordinance should provide an additional tool to the police department to address behavior which is compromising the quality of life in many areas of our neighborhoods. Council Member Pfeifer stated that if this ordinance is passed, that training must take place prior to enforcement from the Chief down to the Patrol Officer. She noted that with an effective date of January 1, 2003, that this additional time between passage and implementation should provide the time necessary for training to take place. Council Member White noted that she had concerns about enforcement when the ordinance was originally proposed, however she believes that with the additional public forums, some of which she has attended, she believes that the ordinance has been properly drafted. She stressed the need for training prior to enforcement for that all of the misinformation can be addressed before implementation. The Council Attorney noted that the Health and Public Safety Committee and the Residential Neighborhoods Committee met on June 24, 2002 and discussed in detail the proposed ordinance. (Copy of minutes attached) Since that time much additional work has taken place. She then Joint Meeting of the Health and Public Safety Committee&the Residential Neighborhoods Committee August 26,2002 Page 2 summarized the meeting which took place at the new Chicago Police Headquarters located at 3510 South Michigan with members of the City of Chicago General Counsel's Office and the Chicago Police Department on August 13, 2002. Some of the Chicago officials included Karen A. Rowan, General Counsel to the Chicago Police Superintendent Terry Hillard She noted that in addition to Council Member Pfeifer and herself meeting with these Chicago officials that South Bend Police Chief Larry Bennett, Uniform Division Chief Joel Wolvos, Captain Jim Hassig of the Northeast Region, Captain Terry Young of the Southeast Region, Captain Darryl Boykins of the Northwest Region, Captain Garcia of the Southwest Region, and Neighborhood Planner Tonya Zozula, Board of Public Safety Attorney Thomas Bodnar. She noted that good discussions took place and that the City of Chicago provided information such as a palm card used when directing individuals to disperse. She added that Chief Bennett requested additional information which they stated they would send to him. She concluded her remarks by noting that many many ordinances were reviewed and that the best of each was considered. Perfecting the regulations from Chicago, New York, Philadelphia, Madison, Wisconsin and Seattle are just some of those studied. The Chicago Police Department provided a training tape to the City of South Bend which has been reviewed by Chief Bennett and which he now has at the Department so that other South Bend Police officers may review it. She also provided a copy of the July 16th memorandum to the City Attorney addressing the proposed community service component which lists 26 Indiana communities that have similar provisions in effect. Council Member Pfeifer noted that for the past three (3) years she and Council Member King with the Council Attorney have been methodically working on the proposed regulations. There have been three (3) Loitering Conference co-sponsored by the City of South Bend and IUSB SPEA Department. All of these conferences were well attended with neighbors, public officials, police officers from not only our community, but also from Mishawaka, Goshen, Elkhart and many Michigan communities in attendance. There were balanced panel discussions with the ACLU being represented at each. She further noted that neighbors and residents came to her and asked her to try and help them take back their neighborhoods. She has not rammed this legislation through, but rather opened it to every public forum possible,including the Prosecutor's Office. Council Member King noted that a key concern revolves around enforcement. He noted that enforcement must be done fairly and properly. He is encouraged that it will be done right in light of the meeting and sharing of information which took place in Chicago and also Chief Bennett's commitment as evidenced by his letter (copy attached). He stated that the worst thing that could happen is that the ordinance would be passed and then would just sit on a shelf. A total commitment by the City Administration, Police Department and Council must be made for this ordinance to be successful. City Attorney Charles Leone thanked Council Member Pfeifer and King for the opportunity to be involved in the process. He noted that although his department had concerns with regard to the community service component, however the severability clause would separate any concerns in that area. Mr. Leone stated that the City Attorney's Office would work with the Police Department to make sure that proper training would take place with regard to enforcement. He noted that it is important for each officer charged with enforcement to know what can and cannot be done under the ordinance. He noted that he suggested the language addressing injunctive relief and believes that this language will provide an important component with regard to enforcement. Mr. Leone concluded his remarks by stating that all in all the proposed ordinance is a good ordinance which will provide an effective tool for law enforcement. Joint Meeting of the Health and Public Safety Committee &the Residential Neighborhoods Committee August 26,2002 Page 3 Citizen Member Gonzalez stated that this type of ordinance is needed in the community. She also stressed the need for proper training of the police officers so that concerns raised can be addressed and so that behavior is addressed not individuals. Council Member Kirsits inquired whether signage would be necessary for enforcement. The Council Attorney noted that signs are not anticipated. Council Member King stated that unfortunately there are areas in our city where gangs "own this corner", and hopefully with this ordinance, the City will be able to effectively and legally take those areas back for the residents to once again enjoy. Following discussion, Council Member Coleman made a motion, seconded by Citizen Member Gonzalez that Substitute Bill No. 42-02 be recommended favorably to Council. The motion passed. There being no further business to come before the joint Committee meeting, Council Member Pfeifer adjourned the meeting at 5:30 p.m. Respectfully submitted, Council Member Charlotte Pfeifer, Chairperson Residential Neighborhoods Committee KCF:kmf Attachments 1