08-26-02 Council Meeting Minutes

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REGULAR MEETING AUGUST 26. 2002 These older, decent, working class women who worked their whole lives just wanted to have some peace and quiet and they asked her what she was going to do about it. Councilmember Pfeifer advised that the first thing she did about it was talk to neighborhood groups and the South Bend Police Department and ask what could be done. She was informed that there was not anything that could be done because this behavior was taking place on the public sidewalk and without probable cause a police officer was unable to go up to these people who were standing there even if they were engaged in this kind of behavior. She contacted Council Attorney Kathleen Cekanski - Farrand, Councilmembers and Police Departments in the area and they decided to have a series of workshops. Two (2) workshops were held at IUSB and were cosponsored by the Criminal Justice Department. Speakers were brought in from Seattle, Washington as well as various Police Departments. A year later another workshop was held and this time it was based on a gang ordinance that had been prepared by the Chicago Police Department. At that time, there were a couple of different municipalities dealing with this kind of behavior. The City of Philadelphia had this type of problem but it was mostly with their homeless. However, Chicago was dealing with issues of gang and criminal behavior which is the kind of behavior that was going on in South Bend. The City of Chicago passed an ordinance which was challenged and taken to the Supreme Court. The Supreme Court found it unconstitutional and sent it back to be refined and to be made more behavior specific. There were definite concerns about racial profiling and making sure that people were not stopped and harassed unnecessarily because of their race, sex or ethnic orientation. The Chicago Police Department refined their ordinance with the blueprint that the Supreme Court Justices gave them. South Bend was very interested in the Chicago ordinance and a third loitering conference was held in the evening at the downtown public library. Under the leadership of the Council Attorney an ordinance was put together which was taken to the public for input through nine (9) small group neighborhood workshops. The workshops were held in River Park, Rum Village, the west side, the near west side, at LANA, two (2) at the NNN, at the Boys and Girls Club and at the Charles Black Recreation Center. Councilmember Pfeifer noted that she and Council Attorney Kathleen Cekanski Farrand were present at those meetings to address any kinds of issues that anyone might have and they learned some very good things and heard concerns by neighbors. They made the ordinance better. Councilmember Pfeifer reminded members of the Council that she has been before them a couple of times on this issue. The last time a couple of neighbors came forward with additional concerns and at that time she recommended that the vote on this ordinance be tabled in order for continued revisions. Councilmember Pfeifer advised that a delegation from South Bend visited Chicago and met with the individuals there who have been working with this type of ordinance for years and again revisions were made. Some of the public concerns raised earlier were that the ordinance should be City wide and it is City wide. Questions were raised about how hot spots would be designated. She noted that hot spots will be designated through input from neighbors and Councilmembers. The Chief of Police would then simply accept all of the evidence and would accept the area as a hot spot. Councilmember Pfeifer noted that the Chief of Police does not designate hot spots but will receive input from the neighbors, Councilmembers and through calls to service which come from the neighbors. She noted that occasionally, due to increased behavior, there could be some emergency hot spots designated. Councilmember Pfeifer emphasized that the police officers being able to stop and approach a citizen is going to be behavior driven and behavior specific and is behavior that is gang or criminal behavior which is defined by the Indiana state law. A couple young people standing on the corner is not gang behavior and it is not criminal behavior and no officer has any right to approach any person who is engaged in that kind of nonviolent non- criminal, non -gang behavior. If this ordinance is passed tonight, it will not be effective until January of 2003. Councilmember Pfeifer indicated that there will be additional extensive training involving Councilmembers, the Chief of Police, the Mayor and administration. When the Council feels good about it, it will then go to the next level with the Police Department and all the way down to make sure that everyone is clear and on board. Councilmember Pfeifer noted that she has a letter from Police Chief Larry Bennett supporting this ordinance and pointed out that there are a lot of misconceptions about this ordinance and they want to make sure that everyone is clear. She noted