HomeMy WebLinkAboutCAP111011Central Point
City Hall
664-3321
Ciry Council
Mayor
Hank Williams
Ward I
Bruce Dingier
Ward II
Belly Geiger
Ward III
Ellie George
Ward IV
Allen Broderick
At Large
Carol Fischer
Isay Harrison
Administration
Phil Messina, Ciry
Manager
Chris Clayton, Assistant
CitS~ Manager
Deanna Casey, Ciry
Recorder
Community
Development
Department
Tom Humphrey, Director
Finance Department
Bev Adams, Director
Human Resources
Barb Robson, Director
Parks and Public Works
Department
Matt Samitore, Director
Jennifer Boardman,
Manager
Police Department
Jon Zeliff, Chief
CITY OF CENTRAL POINT
City Council Meeting Agenda
November 10, 2011
Next Res. 1316
Next Ord. No. 1954
L REGULAR MEETING CALLED TO ORDER - 7:00 P.M.
IL PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC APPEARANCES
V. CONSENT AGENDA
Page 2 - 7 A. Approval of City Council Minutes for October 27, 2011
8 - 9 B. Approval of OLCC Application for Los/Girasoles
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. BUSINESS
11 A_ Comprehensive Annual Financial Report (Adams)
13 - 32 B. Public Outreach -Oregon Senate Bill 111 and Jackson
County Deadly Physical Force Plait (Zeliff)
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
34 - 35 A. First Reading - An Ordinance Amending Section 2.18.010
of the Central Point Municipal Code to Remove
Restrictions on Parks and Recreation Commission
Membership (Sanutore)
LY. MAYOR'S REPORT
Y. CITY MANAGER'S REPORT
YI. COUNCIL REPORTS
YII. DEPARTMENT REPORTS
VIII. EYECUTIVE SESSION
The City Council may adjourn to executive session under the provisions of ORS 192.660.
Under the provisions of the Oregon Public Meetings Law, the proceedings of aii executive
session are not for publication or broadcast.
YIV. ADJOURNMENT
Consent Agenda
CAP111011 Page 1
CITY OF CENTRAL POINT
City Council Meeting Minutes
October 27, 2011
I. REGULAR MEETING CALLED TO ORDER
Mayor Williams called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL: Mayor: Hank Williams
Council Members: Allen Broderick, Carol Fischer, Kelly
Geiger, Kay Harrison, and Ellie George were present.
Bruce Dingler excused.
City Manager Phil Messina; Assistant City Manager Chris
Clayton; City Attorney Paul Nolte; Police Chief Jon Zeliff;
Community Development Director Tom Humphrey; Parks
and Public Works Director Matt Samitore; Finance Director
Bev Adams; and City Recorder Deanna Casey were also
present.
V. PUBLIC APPEARANCES
Chief Dan Petersen from Fire District 3 presented a quarterly report for the
Central Point station activities. About 40% of their call volume comes from the
Central Point Zip Code area. He explained the difference between assistance
calls and emergency call volume.
They will be working on their strategic plan November 7t" and 8t". They are
inviting citizens and local representatives to help set their course for the next five
years. They would like to have confirmations from at least two Central Point
Council members for this process.
VI. CONSENT AGENDA
A. Approval of October 27, 2011, City Council Minutes
B. First Quarter Financial Statements
Kelly Geiger made a motion to approve the Consent Agenda as presented.
Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol
Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes.
Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA -None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
CAP111011 Page 2
City of Central Point
City Council Minutes
October 27, 2011
Page 2
A. Second Reading -Ordinance No. 1953, An Ordinance Amending the
Central Point Municipal Code Buildings and Construction Chapter
15, Section 15.04.010 Pertaining to Building Standards
Community Development Director Tom Humphrey explained that there were no
changes to the Ordinance after the first reading at the last council meeting. This
is a house keeping item to update references to building codes relating to state
and federal codes.
Councilman Dingler asked if an amendment would be coming to the Council
soon regarding changes to accessory dwelling units. Mr. Humphrey stated that
he is assembling several code changes. They are currently waiting on approval
from state agencies in order to proceed with several revisions.
Bruce Dingler made a motion to approve Ordinance No. 1953, An
Ordinance Amending the Central Point Municipal Code Buildings and
Construction Chapter 15, Section 15.04.010 Pertaining to Building
Standards. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce
Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank
Williams, yes; and Ellie George, yes. Motion approved.
B. Resolution No. 1313, A Resolution Approving the Rogue Disposal &
Recycling Inc., Performance Audit Pursuant to Section 7.4 of the
Solid Waste Franchise Agreement, Approving a 3.8% Rate
Adjustment and Authorizing an Extension of the Term to December
31, 2021
City Manager Phil Messina explained that Rogue Disposal and Recycling has
provided solid waste collections and recycling services to Central Point since
1996. Under the terms of the solid waste franchise they are required to have a
performance audit of their operations prepared and submitted to the city every
five years. The council was presented the audit at their last meeting and found no
serious issues in their operation. There have been no documented issues with
customer service to the citizens of Central Point.
Rogue Disposal & Recycling would like to have a 5 year extension to help them
plan their capital improvements, they are also asking fora 3.8% adjustment to
their rates based on paragraph 7.5 of the franchise agreement.
Garry Penning, Director of Governmental Affairs and Marketing stated that they
are proud of the job that they do and enjoy being business partners with Central
Point. The increase is a consumer price index increase which will cover the cost
of including glass products in the co-mingle bins.
Allen Broderick made a motion to approve Resolution No. 1313, A
Resolution Approving the Rogue Disposal & Recycling Inc., Performance
Audit Pursuant to Section 7.4 of the Solid Waste Franchise Agreement,
Approving a 3.8% Rate Adjustment and Authorizing an Extension of the
Term to December 31, 2021. Ellie George seconded. Roll call: Allen Broderick,
CAP111011 Page 3
City of Central Point
City Council Minutes
October 27, 2011
Page 3
yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes;
Hank Williams, yes; and Ellie George, yes. Motion approved.
C. Resolution 1314, A Resolution adopting the City of Central Point
Emergency Action Plan
Assistant City Manager Chris Clayton explained that the Safety Committee has
created this document which will be used for emergency situations around City
Hall. The document covers emergency notifications, evacuation routes, fire
evacuation, active shooters, earthquakes and sheltering in place. These types of
situations can occur at any time and our ability to handle them will increase with
an action plan in place.
The development of an Emergency Action Plan meets recommendations and
mandates from Oregon Occupation Safety & Health Division; Federal Occupation
Safety & Health Division; American National Standards Institute and the Office of
Homeland Security.
Kelly Geiger made a motion to approve Resolution 1314, adopting the City
of Central Point Emergency Action Plan. Kay Harrison seconded. Roll call:
Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes;
Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved.
D. Resolution No. 1315, A Resolution recommending adoption of the
Central Point Hazard Mitigation Plan
Parks and Public Works Director Matt Samitore stated that this plan focuses on
flooding and some winter storm issues, but is an overall city wide plan for hazard
items. Approval of this plan gets us one step closer to improving our score in
order to help citizens with their flood insurance rates.
The Central Point Hazard Mitigation Plan meets the Federal Emergency
Management Agency's planning requirements by addressing hazards,
vulnerability, and risk. Adoption of a mitigation plan is required for Central Point
to be eligible for future FEMA grant funds.
The Plan aims to proactively facilitate and support community-wide policies,
practices, and programs that make Central Point disaster resistant and disaster
resilient. The mitigation items include projects that would achieve the mission,
goals, and objectives of the City if implemented.
Allen Broderick made a motion to approve Resolution No. 1315,
recommending adoption of the Central Point Hazard Mitigation Plan. Kelly
Geiger seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly
Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie
George, yes. Motion approved.
VIII. BUSINESS
CAP111011 Page 4
City of Central Point
City Council Minutes
October 27, 2011
Page 4
A. Front Street Design Contract
Parks and Public Works Director Matt Samitore explained that the wrong staff
report is in the Council Packet. In 2011 the City received a grant to install
sidewalks, bicycle lanes, a pedestrian crossing, and other amenities on Highway
99/N. Front Street from Manzanita to Cherry. Sidewalks and bicycle lanes will
continue to Crater High School.
The City has been going through the process of selecting a qualified engineering
firm to do the design and construction engineering of the streetscape project. In
August we issued an RFQ and received submittals from nine firms.
Unfortunately, staff could not negotiate a contract that was in the best fiscal
interest of the City. Staff reissued a more detailed scope of work in association
with a revised RFQ for the project in September. The top three firms were OBEC,
Murray Smith & Associates, and Hardey Engineering, Inc. Staff recommends
awarding the engineering services to OBEC Consulting Engineers. Staff has
worked with OBEC in the past and been happy with their work.
Kay Harrison made a motion to award the Engineering services for
Highway99\N. Front Street streetscape project to OBEC, Consulting
Engineers. Kelly Geiger seconded. Roll call: Allen Broderick, yes, Bruce Dingier,
yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams,
yes; and Ellie George, yes. Motion approved.
IX. MAYOR'S REPORT
Mayor Williams reported that he:
• Attended a Medford Water Commission (MWC) meeting at the service
center where they approved the Central Point Agreement. He is working
with the City of Eagle Point to get a definition of Surplus Water from the
MWC.
• He attended the MPO meeting where Assistant City Manager Chris
Clayton gave a presentation to support funding for the Freeman Road
Project.
X. CITY MANAGER'S REPORT
City Manager Phil Messina reported that:
• Anew City News letter was in the water bills in full color. Thanks to our
City Recorder Deanna Casey and Recreation Coordinator Sarah Garceau
for their hard work.
City Recorder Deanna Casey has been appointed as Region V Director
for the Oregon Association of Municipal Recorders.
Mr. Clayton did a great job on his presentation to the MPO for funding the
Freeman Road Project.
He attended the going away party for Ashland City Manager Martha
Bennett.
XI. COUNCIL REPORTS
CAP111011 Page 5
City of Central Point
City Council Minutes
October 27, 2011
Page 5
Council Member Allen Broderick reported that he attended the Arts Commission
and Community Center Steering Committee meetings.
Council Member Kay Harrison reported that she attended:
• The Council Study Session.
• An RVSS meeting where they updated their personnel policies and talked
about solar energy.
• A Medford Water Commission meeting.
• A Fair Board meeting and discussed the ponds and making them ADA
accessible.
• An RVCOG meeting. She would like to know how the Council feels about
the county wanting to do a performance audit of the COG. The COG is
not audited in any way. Staff explained some of the interactions that the
City has with RVCOG and how we deal with them.
Council Member Carol Fischer stated that she attended the Community Center
steering committee meeting.
Council Members Bruce Dingler, and Ellie George stated that they attended the
Study Session.
XII. DEPARTMENT REPORTS
City Recorder Deanna Casey stated that the second meeting in November falls
on a holiday and Council usually cancels the second meeting in December due
to Christmas vacations. She would like a motion directing staff to cancel both
meetings or rescheduling them.
Kelly Geiger made a motion to cancel the second City Council meetings for
November and December 2011. Kay Harrison seconded. Roll call: Allen
Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay
Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved.
Assistant City Manager Chris Clayton reported that:
• He will be meeting with PP&L regarding their franchise agreement.
• The Community Center Steering Committee meeting went well. Their next
meeting will be touring the Ashland Community Center to see what they
offer.
The MPO will be voting on the Freeman Road funds at their next meeting.
He will be attending a presentation at the water commission next week
about per capita use policies.
The expo has asked us to put a proposal together to see about reopening
the driving range under City management.
Parks and Public Works Director Matt Samitore reported that:
• They will be reviewing the possibility of a driving range, but the City
needs a lot more information regarding driving range management.
CAP111011 Page 6
City of Central Point
City Council Minutes
October 27, 2011
Page 6
• The Expo is working on new options so they can be self sustaining. He
will be working with them to master plan the area around the ponds
which could be used for Battle of the Bones in the future.
• The Expo Board has not accepted the new water rates and will be asking
the Council to review them. They will also be asking the Council to help
support the Harvest Fair.
• Representative Dennis Richardson may have found state funding that
could help the City build a Community Center, which would include a
swimming pool, senior center, and rehabilitation center. We need one
more Council member to participate on this project. Ellie George stated
that she will help with this project.
• They have been working on clearing the Skyrman Park property. Mr.
Skyrman was a collector of many different things and staff will be
rummaging through the items for months. They will try auctioning some
of the items to make money for the Parks Foundation.
Chief Jon Zeliff had no report this week. Council Member Kelly Geiger asked if
there is anything we can do about the homeless population at the I-5 off ramp.
Chief Zeliff stated that they are working with ODOT to make it less attractive to
the homeless population.
Community Development Director Tom Humphrey reported that:
• The County has approved the next stage of the RPS process. The Plan
will be sent to the State now for further approval. It may be the beginning
of the year before final approval is received. Staff is working on the
ordinances and revisions that need to be in place in order to expand our
UG B.
We received a building permit for the Cowley Building. Hopefully they will
do the structure improvements so we do not have to condemn the
building.
XIII. EXECUTIVE SESSION -None
XIV. ADJOURNMENT
Kay Harrison moved to adjourn, Ellie George seconded, all said "aye" and the
Council Meeting was adjourned at 8:28 p.m.
The foregoing minutes of the October 27, 2011, Council meeting were approved by the
City Council at its meeting of November 10, 2011.
Dated:
Mayor Hank Williams
ATTEST:
City Recorder
CAP111011 Page 7
Return to Agenda
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Return to Agenda
7 ._ _
CAP111011 ®~ ®ag /t "°sAn ®~
Business
Comprehensive
Annual Financial
Report
CAP111011 Page 10
''~"" L Finance Department
~~
Staff Report ~~ 1 `~1 1 Bev Adams, Finance Director
To: Mayor & Council
From: Bev Adams, Finance Director
Date: November zo, zozz
Subject: June 30, zozz Comprehensive Annual Financial Report
Background:
The completed June 30, 2011 Comprehensive Annual Financial Report (CAFR) will be presented by our city
auditor, Chris Dye, CPA. Mr. Dye is from the firm of Johannsen, Dye & Purkeypile, CPA's, located in
Medford, Oregon.
In addition to the customary audited financial statements, we have completed the Government Finance
Officers Association (GFOA) requirements in order to apply for the national award of excellence. If received,
this will our fourth sequential year to receive the award.
This fiscal year we are also required to have a Single Audit which is in the process of being completed. This
addition to the annual audit is required by the federal government whenever an entity receives more than
$500,000 in federal funds. This past year, we met that $500,000 threshold due to the loan money we
received for the water reservoir project. We anticipate that we will have the Single Audit requirement for at
least the next two years until the water reservoir project is completed.
A copy of the audit document will be presented to you at the meeting. Please feel free to ask Mr. Dye any
questions or address concerns that you may have during his presentation.
Recommended Action:
That Mayor and Council accept the June 30, 2011 Comprehensive Annual Financial Report.
Return to Agenda
CAP111011 Page 11
Business
Oregon Senate Bill
111 and JC Deadly
Physical Force Plan
CAP111011 Page 12
~~
°z' i~;,x
155 South Second Street • Central Point, OR 97502
Jon D, Ze/iff
Chief
Ph: (541) 664-5578 • Fax: (541) 664-2705 • www.cp-pd.com
Return to Agenda
STAFF REPORT
To: The Honorable Mayor and City Council
From: Jon D. Zeliff, Chief of Police
SUBJECT: PUBLIC OUTREACH -OREGON SENATE BILL 111 AND
JACKSON COUNTY DEADLY PHYSICAL FORCE PLAN
Date: November 10t", 2011
Summary:
The use of deadly physical force by law enforcement personnel in the performance of their official
duties is a matter of critical importance to both the public, and to the law enforcement community.
The reactions, emotion, and subsequent investigation of these critical incidents present a unique
mixture of very complex issues with highly probable civil, administrative and criminal consequences.
Public interest and scrutiny is acute; Department and individual morale rests in tenuous balance, and
legal issues abound. To assure a proper conclusion requires the trust and confidence of all concerned.
In 2007 the 74t" Oregon Legislative Assembly enacted Senate Bill 111, which created a planning
authority in each county to develop a plan concerning use of deadly physical force by police officers.
The plan provides a framework for a consistent response to an officer's use of deadly physical force
that assures the officer is treated fairly, and promotes public confidence in the criminal justice system.
An essential component of the plan calls for public outreach and education on the specifics of SB 111,
and also the local law enforcement agencies formally adopted county-wide deadly physical force plan.
SB 111 and the Jackson County Deadly Physical Force Plan are presented to increase understanding
and in turn confidence in the CPPD when investigating officer involved deadly physical force incidents.
~~e~~atea~ T ~'ew~i~e~ Co~rr~rrittea~ T ~~e~~e~~e •~
CAP111011 Page 13
JACKSON COUNTY
DEADLY PHYSICAL
FORCE PLAN
June 3, 2008
Return to Agenda
Jackson County, Oregon
Deadly Physical Force Planning Authority
CAP111011 Page 14
Table of Contents
Members of the Planning Authority ......................... .....................................................1
Preamble .. ................................................................. .....................................................2
Section 1: Administration ........................................ .....................................................3
Section 2: Applicability of the Plan ......................... .....................................................3
Section 3: Definitions .............................................. .....................................................4
Section 4: Immediate Aftermath of a Deadly Force Incident .......................................6
Section 5: The Criminal Investigation ..................... .....................................................7
Section 6: Media Releases ....................................... ...................................................10
Section 7: Access to Reports and. Evidence ............. ...................................................10
Section 8: District Attorney ..................................... ...................................................11
Section 9: Internal Administration Investigation ..... ...................................................12
Section 10 : Debriefing /Mental Health Counseling ...................................................12
Section 11 : Agency Use of Force Plans, Reporting, Training and Outreach .............13
Section 12 : Fiscal Impact ......................................... ...................................................14
Section 13 : Plan Revision ........................................ ...................................................14
Patrol Supeivisor's Checklist .................................... ................................... Appendix A
Role of Co mpanion Officer ...................................... ................................... Appendix B
CAP111011 Page 15
Members of the Plan_t~_i_tig Authority
Mark Huddleston, Jackson County District Attorney (co-chair)
Rod Countryman, Jackson County Undersheriff (co-chair)
Chief Jon Zeliff, Central Point Police, police chief representative
Sgt. Jeff Proulx, Oregon State Police, OSP representative
Det. Terry Newell, Medford Police, non-management representative
Jim Mckenzie, PSCC, citizen member
On March 18, 2008, this Plan was approved by a unanimous vote of the Plaiming
Authority, and submitted to governing bodies of the following jurisdictions:
Jackson County ....................................... ................................... Approved April 2, 2008
City of Butte Falls ................................... ................................... Approved April 22, 2008
City of Ashland ....................................... ..................................... Approved April 1, 2008
City of Central Point .................................................................. Approved April 10, 2008
City of Eagle Point ...................................................................... Approved May 13, 2008
City of Jacksonville ....................................................................... Approved May 6, 2008
City of Medford ......................................................................... Approved April 17, 2008
City of Phoenix ............................................................................ Approved April 7, 2008
City of Rogue River .................................................................... Approved May 22, 2008
City of Shady Cove .................................................................... Approved April 17, 2008
City of Talent ............................................................................. Approved April 16, 2008
Upon receiving a vote of approval from all of the above jurisdictions, tlus Plan was
submitted to the Attorney General, who approved the Plan on June 3, 2008.
1
CAP111011 Page 16
Preamble
The use of deadly physical force by law enforcement personnel is a matter of critical
concern both to the public and to the law enforcement community. The purpose of this
Plan is not to set the standards for the use of such force, or to be a substitute for agency
policy regarding use of force, but rather to provide a framework for a consistent response
to an officer's use of deadly physical force that treats the law enforcement officer fairly,
and promotes public confidence in the criminal justice system.
The investigation of these incidents presents a unique combination of complexities that
have potential social, civil, administrative and crinunal consequences. Public interest and
scrutiny is acute; employee morale rests in tenuous balance, and legal issues compound.
Proper resolution requires the trust and. confidence of all concerned. that the investigation
will be conducted impartially, thoroughly aiid openly; without undue or unlawful
infringement on the rights and privacy of those involved. The affected agencies
recognize their responsibilities to meet those demands, which can be accomplished only
through effective management of the investigation. This requires an approach that is:
Well coordinated, to elinunate confusion;
Iuiowledgeable aiid skillful, to ensure thorougluiess;
Defined, so that those involved and the public correctly interpret the
investigative process;
liiformative, without compronuse of the investigation or individual's
rights, in order to restrict speculation and rumor by those who have an
interest in the investigation.
This Plan has been adopted by the Jackson County Deadly Force Planning Authority,
duly constituted pursuant to SB 111, Chapter 842, Oregon Laws, 2007. As such, it sets
out, among other things, the manner in which incidents which involve the use of deadly
physical force by law enforcement personnel are to be investigated. It is anticipated. that
each incident will involve unique circumstances, aiid flexibility must be allowed for
minor modifications. This protocol is not intended to increase the civil or crinunal
liability of member agencies or their employees, and it shall not be construed as creating
any mandatory obligations to, or on behalf of, third parties.
2
CAP111011 Page 17
SECTION 1: ADMINISTRATION
A In the event that a member of the Planning Authority is unable to continue to
serve, a replacement shall be appointed as provided in Section 2(1) of Senate
Bill 111, Chapter 842, Oregon Laws, 2007.
B. There shall be six voting members of the Planning Authority. The approval of
the Plait, or revisions thereof, shall be by majority vote.
C The presence of 2/3 of the voting members shall be required in order to hold
any vote.
D. The final Plan shall be incorporated into the Jackson County Cooperative
Policing Manual.
SECTION 2: APPLICABILITY OF THE PLAN
A Invocation of this Plan
1. Automatic and Immediate
a) This Plan shall be applicable as set forth herein, to airy nse of deadly physical
force by a law enforcement officer, acting in the course of his/her official
duties, occurring within Jackson County.
b) Investigation of these matters must be performed under two separate
investigative formats: (1) the criminal investigation; and (2) the internal
administrative investigation.
2. Optional
a) This Plan may be invoked upon the occurrence of any sensitive or critical
event involving a law enforcement officer which may have criminal liability
attached. Examples include:
(i) A fatality which did not involve the use of deadly physical force by an
officer.
(ii) An officer-involved motor vehicle incident.
3
CAP111011 Page 18
(iii) Any death of a person while in law enforcement custody.
(iv) Anytime when requested by an employer agency.
SECTION 3: DEFINITIONS
A. Law Enforcement Officer or Officer
Full-time, part-time and reserve sworn police officers, whether on duty or off duty
and. when acting in the course of his/her official duties in a law enforcement
capacity.
2. Full-time or part-time non-sworn employees who are on duty at the time of an
incident.
3. Volunteers who are on duty or are working under the direct control and
supervision of a law enforcement officer.
4. Sworn parole and probation officers employed by Jackson County Community
Justice, whether on duty or off duty and when acting in the course of his/her
official duties.
B. Involved Officer
1. The person who's official conduct, or official order, was the cause in fact of the
death of a person. "Involved Officer" also means an officer whose conduct was
not the cause in fact of the death, but who was involved in the incident before or
during the use of deadly physical force, and this involvement was reasonably
likely to expose the officer to a heightened level of stress or trauma.
2. This definition also applies to a situation in which no death occurs, but where the
officer used deadly physical force.
C. Employer Agency
The agency by which the involved officer is employed or with which the person is
affiliated.
D. Agency of Primacy Responsibility
The agency within whose geographical jurisdiction the incident occurs. When an
incident crosses jurisdiction boundaries, or occurs in the unincorporated areas of
Jackson County, the agency of primacy responsibility shall be jointly decided by the
supervisors of the involved agencies.
E. Deadly Physical Force
4
CAP111011 Page 19
Means physical force that under the circumstances in which it is used is readily
capable of causing death or serious physical injury.
F. Serious Physical Injury
Means physical injury which creates a substantial risk of death or which causes
serious uid protracted disfigurement, protracted impairment of health or protracted
loss or impairment of the function of any bodily organ.
G. Criminal Investigators
Those investigators assigned by the agency of primary responsibility, the employer
agency, and/or the Major Assault/Death Investigation Unit, to conduct the criminal
investigation of the incident.
H. Administrative Investigators
Those investigators assigned by the employer agency to conduct the internal
administrative investigation of the incident.
L Major Assault/Death Investigation Unit or MA/DIU
The Jackson County interagency team that investigates serious assault and murder
cases and. cases involving the use of deadly physical force by a law enforcement
officer.
J. Case Agent
The detective assigned to lead the criminal investigation, issue assignments to other
investigators, and gather reports for submission to the District Attorney's office. The
case agent should not be from the employer agency.
h. Companion Officer
An uninvolved. officer either assigned by the involved. officers agency or requested.
by the involved officer.
L. Plan
Means the final document approved by the Planning Authority, adopted by two-thirds
of the governing bodies employing law enforcement officers, and approved by the
Attorney General. Any approved revisions shall become a part of the Plan.
CAP111011 Page 20
SECTION 4: IMMEDIATE AFTERMATH OF A DEADLY FORCE
INCIDENT
A. Scene Procedure
1. Emergency life saving measures and protection of the public have first priority.
2. As soon as possible after the use of deadly physical force, the officer shall
immediately notify his or her agency of the use of deadly physical force. The
employer agency shall ensure that a MA/DICT call-out has been initiated, as
described in Section S.B.
If an injured person is transported to a hospital, aii officer should accompany that
person in the same vehicle in order to:
a) Locate, preserve, safeguard aiid maintain the chain of custody of physical
evidence.
b) Obtain a dying declaration, excited utterance or any other statement made by
the injured person.
c) Maintain custody of the person if that individual has been arrested.
d) Provide information to medical personnel about the incident as it relates to
treatment.
e) Identify relevant people, including ambulance and medical personnel, and
obtain from them information that is relevant to the investigation.
f) Be available for contacts with the injured person's family, if appropriate.
4. The scene must be secured as soon as possible and a sufficient perimeter
established. to safeguard. evidence. Access to the scene should be limited. to those
officials who must enter for investigative purposes. A written log should be
established. to identify all persons entering and leaving the crime scene.
Responding officers in shooting incidents should ensure that involved officers
maintain their weapons in place, in the same condition as they were at the
conclusion of the incident, until surrendered to the evidence officer.
6. A member of the Major Assault/Death Investigation Unit should be designated as
evidence officer to ensure that all physical evidence is identified and collected in
a legally appropriate maimer, providing for aii adequate chain of custody.
B. Transporting Involved Officers
CAP111011 Page 21
Officers who were present at the scene at the time of the incident, whether as
involved officers or witnesses, will be relieved of their duties at the scene as
promptly as possible and shall be taken to their ov~ni police station, unless other
suitable arrangements are made for them.
2. Prior to transport, the officer(s) should be asked to provide information regarding
the circumstances as necessary to protect persons acid property, preserve airy
evidence, and to furnish a framework for the investigation.
C Assignment of Companion Officer
1. A companion officer shall be assigned by the employer agency to each involved.
officer, if practicable. The companion officer shall remain with the involved
officer until the officer can be interviewed.
2. The companion officer is present to provide for the involved officer's privacy, to
be certain that his/her needs are accommodated, and to ensure the integrity of the
involved officer's later statements to investigators.
3. The companion officer should. encourage the involved. officer not to discuss the
incident until the investigative interview. However, this is not intended to in any
way prohibit the involved officer from speaking to family members.
4. The involved officer may also wish to speak to attorneys, union representatives,
psychotherapists or other similar professionals.
After the involved officer is released from the scene by the officer in charge, the
companion officer should remove the involved officer from the scene as soon as
possible.
D. For at least 72 hours immediately following an incident in which the use of deadly
physical force by a law enforcement officer resulted in the death of a person, a law
enforcement agency may not return an involved officer to duties that might place the
officer in a situation in which the officer has to use deadly physical force.
SECTION 5: THE CRIMINAL INVESTIGATION
A Investigation Team Composition and Objective
The investigative team will be composed of criminal investigators from the Major
Assault/Death Investigation Unit. The participating agencies share responsibility
for the integrity of the investigation; however, the agency of primacy
responsibility has the ultimate authority to decide any irreconcilable investigative
issues.
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2. The criminal investigation has priority over the administrative investigation and. it
begins immediately after an incident has occurred.
The goal of the criminal investigation is to develop all available relevant
information about the incident in such a manner as to minimize further trauma to
the involved officer. This information will be used in two ways:
a) To deternune the PRESENCE OR ABSENCE of criminal culpability on the
pant of all those involved. in the incident. Specifically:
(i) To deternune whether the conduct involved is prohibited or authorized
by criminal statutes.
(ii) If criminal conduct does exist:
(a) Determine the identity of the person(s) responsible for that conduct;
(b) Determine the type and degree of the crime(s);
(c) Determine the existence of any factual or legal defenses to the crime;
and.
(d) Determine the presence or absence of any factors which would
mitigate or aggravate punishment for the crime.
b) To incidentally provide factual information to the employer agency's
management for its internal use. While the criminal investigators do not
direct their investigative attention to admnistrative concerns, it is recognized
that the criminal investigation's results are of proper interest to agency
management for its internal use, and those results are fully available for that
purpose.
4. The criminal investigation is performed in a manner that provides both the
appearance and the reality of a thorough, fair, complete and professional
investigation which is free of conflicts of interest.
B. Call-out procedure
Upon identifying an occurrence as one involving the use of deadly physical force
by aii officer, the supervisor of the agency of primacy responsibility shall make
the following notifications as promptly as possible:
When the agency of primacy responsibility is the Jackson County Sheriff's Office,
the Oregon State Police, the Medford Police Department, Ashland Police
Department, Central Point Police Department or Eagle Point Police Department,
the supervisor shall deternune the number of detectives needed from the Major
CAP111011 Page 23
2. When the agency of primacy responsibility is not one of those listed above, the
on-scene supervisor of the agency of primacy responsibility shall contact the
Jackson County Sheriff's Office or the Oregon State Police and speak directly to a
supervisor regarding the call-out of the Major Assault/Death Investigation Unit
and. will cause the supervisor of those detectives to be contacted. If a supervisor
from the Oregon State Police or the Jackson County Sheriff's Office is
unavailable, the on-scene supervisor shall leave a telephone number and wait for a
return call, or take other appropriate action.
A case agent from the Major Assault/Death Investigation Unit shall be appointed.
by a supervisor of the agency of primary responsibility when the incident occurs
within the jurisdiction of the Jackson County Sheriff's Office, the Oregon State
Police, the Medford Police Department, Ashland Police Department, Central
Point Police Department or Eagle Point Police Department. Ili other jurisdictions,
the case agent shall be selected by agreement of the unit members. The case
agent should not be from the employer agency.
4. As pant of the Major Assault/Death hnvestigation Unit call-out, the following
additional notifications shall be made:
a) The District Attorney`s Office
Notification shall be made to the District Attorney first, and if unavailable, the
Chief Deputy. If neither is available, notification should be made to a senior
member of the District Attorney's staff.
b) The medical examiner in the event of a death.
c) The forensic laboratory division of the Oregon State Police, when this is
determined necessary by the case agent.
C. Interviewing involved. officers
1. Interviewees will be considered witnesses unless circumstances dictate otherwise.
2. Prior to conducting the interview, the interviewer shall be briefed by the case
agent and, if possible, view the scene.
The interview shall be conducted by detectives assigned to the Major
Assault/Death Investigation Unit. Each interview shall be conducted by two
detectives, at least one of whom shall be from air agency other than the employer
agency.
CAP111011 Page 24
4. hiterviews will be conducted separately, uid iii a comfortable setting.
Interviewers must remain aware of the percepfial distortions associated with
traumatic incidents, and how these distortions may vary between officers. In-
depth interviews may have to occur some time after the incident, depending upon
the officers condition.
5. Interviews should be audio and/or visually recorded.
6. If the interview is custodial in nature, the officer shall be given Miranda warnings.
D. Intoxicant testing:
1. Involved. officers have the same rights and privileges that any civilian would. have
regarding intoxicant testing. Employees should be requested to voluntarily
provide blood and/or urine samples for intoxicant testing.
2. If the involved officer refuses to voluntarily provide blood andlor urine, and it is
necessary to obtain these, then the District Attorney's office should be contacted.
E. Autopsy
An autopsy shall be performed whenever a death results. A member of the
investigative team shall attend the autopsy. A representative from the Oregon
State Police Forensic Laboratory will attend the autopsy when appropriate, as
determined by the investigative team.
SECTION 6: MEDIA RELEASES
A. Initial media releases are the responsibility of the agency of primary
responsibility, after consultation with the case agent and District Attorney. This
responsibility will normally continue until the final police reports are submitted. to
the District Attorney for review.
B. The District Attorney will assume responsibility for media releases once the final
police reports are submitted. to the District Attorney's Office for review. This will
assist in minimizing the release of information that may jeopardize the
investigation or subsequent prosecution.
SECTION 7: ACCESS TO REPORTS AND EVIDENCE
A. Materials created or collected as a result of the criminal investigation will be made
available to the employer agency for purposes of the internal administrative
investigation at the conclusion of the criminal investigation, unless otherwise directed
by the District Attorney. Materials may also be released to the employer agency
while the crinunal investigation is pending with prior approval of the District
Attorney.
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Materials may be made available to other agencies or individuals, including the
involved officer and the officer's attorney, once the District Attorney had determined
that no criminal charges will be brought against any individual as a result of the
incident. If airy criminal charges are filed, no materials will be released while charges
are pending, except to the employer agency, without the approval of the District
Attorney.
B. The materials may include:
1. Reports
2. Access to physical evidence
3. Photographs and diagrams
4. Audio and. visual recordings
C At the conclusion of the criminal investigation, all reports will be submitted to the
District Attorney by the case agent for review.
D. When the District Attorney's Office concludes that the physical evidence collected by
the crinunal investigators is no longer needed for crinunal law purposes, the employer
agency shall be notified. of that decision so it can assume responsibility for
preservation of such evidence.
SECTION 8: DISTRICT ATTORNEY
A. When an incident involving the use of deadly physical force by an officer occurs, the
District Attorney's Office should be notified by the employer agency, agency of
primary responsibility or MA/DIU case agent.
B. The District Attorney's Office has the following roles in the incident investigation:
1. Participate co-equally with the investigative team performing the criminal
investigation. It should be noted. that the District Attorney has ultimate authority
for the prosecution of crinunal cases, and specific shared responsibility with the
medical examiner in death investigations.
2. Assist and advise the investigative team on various criminal law issues which may
arise, such as Miranda, voluntariness, search and seizure, probable cause to arrest,
detentions and releases, elements of crimes, immunity, legal defenses, etc.
Upon completion of the criminal investigation, analyze the facts of the incident as
well as the relevant law to determine if crinunal laws were violated.
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a) The District Attorney will normally present these matters to the Grand July
for determination of criminal liability on the part of the involved officer.
However, not all cases covered by this protocol may rise to a level that merits
a Grand July determination. The District Attorney has the sole statutory and.
constitutional duty to make the decision whether to present the matter to a
Grand Jury.
b) The District Attorney will decide on the issue of criminal liability or present
the matter to a Grand Jniy as soon as practicable, but not before the District
Attorney has determined that sufficient information is available to
competently make the decision.
c) When the District Attorney has made a final decision concerning criminal
liability, or has presented the case to the Grand Jury, the District Attorney
shall promptly communicate the result to the agency of primary responsibility,
the employer agency, the involved officer's representative and the public.
SECTION 9: INTERNAL ADMINISTRATIVE INVESTIGATION
1. Investigation Priority
While both the criminal investigation and the internal adnunistrative investigation
are important and should be pursued, it is recommended that the criminal
investigation have investigative priority and be completed before commencing the
internal administrative investigation. It is intended that this prioritization will
preclude competition between the two formats for access to witnesses, physical
evidence and the involved parties. Additionally, it will prevent the crinunal
investigation from being compromised by an untimely exercise of the employer
agency's adnunistrative rights.
2. Information Excluded From the Criminal Investigation
Interview statements, physical evidence, toxicologry test results, and investigative
leads that are obtained by internal administrative investigators by ordering police
agency employees to cooperate, shall not be revealed to crinunal investigators.
SECTION 10: DEBRIEFING /MENTAL HEALTH COUNSELING
A. The use of deadly physical force by an officer has the potential to create strong
emotional reactions, which may interfere with an officer's ability to function
effectively. These reactions may be manifested immediately, or over time. Further,
these reactions may occur not only in air officer directly involved in the incident, but
also in other officers within the agency.
B. The requirements of this section provide a minimum framework, and are not intended
to take the place of agency policy. Agencies are encouraged. to develop formal
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procedures to deal with an officers stress response following a use of deadly force
incident. Such policies should include a procedure that is implemented from the time
of the incident and continues as long as necessary.
1. If the incident is of such a magnitude that agency-wide morale is implicated, the
agency shall take such steps as it deems necessary to ensure professional police
services are provided, and to develop strategies to restore morale.
2. Each agency shall provide for a process for airy officer to participate in a
facilitated critical stress incident debriefing.
If available, agencies should. encourage officers to take advantage of employee
assistance programs aiid, if needed, agencies should request assistance from other
agencies that may have in place formal programs for dealing with critical
incidents.
C. In the six months following a use of deadly physical force incident that results in a
death, the agency shall offer each involved officer a minimum of two opporfinities
for mental health counseling. The officer shall be required to attend at least one
session of mental health counseling.
At agency expense, the involved officer(s) shall be scheduled for an appointment
with a licensed mental health counselor for a counseling session, with afollow-up
session scheduled at a date determined by the mental health professional.
2. The counseling sessions are not to be considered fitness for duty evaluations, and
are to be considered privileged between the officer and. counselor.
SECTION 11: AGENCY USE OF FORCE PLANS, REPORTING,
TRAINING AND OUTREACH
A. Every law enforcement agency must adopt a policy dealing with the use of deadly
physical force by its officers. At a mininnun, such policies must include guidelines
for the use of deadly physical force.
B. Upon the conclusion of the criminal investigation, the announcement by the District
Attorney pursuant to Section 8.B.3.c. of this Plait, and the debriefing, the agency shall
complete the Attorney General's report regarding the use of force, aiid submit the
report to the Attorney General.
C. The Jackson County Deadly Force Planning Authority shall take steps to engage the
Jackson County community in a discussion regarding the purpose of the Plait, aiid the
elements contained therein. Such steps may include, but are not limited to, general
public release of the draft, discussion with the media, providing the draft to agency
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employees, union representatives, elected officials, and members of relevant
community groups.
D. Law enforcement agencies within Jackson County are responsible for training their
officers on the specifics of their policies regarding the use of deadly physical force.
That training should also include information about this Plan. Training may include,
but is not limited to, firearms training and shooting scenarios, seminars, briefings,
written materials, promulgation of this Plan along with the Patrol Supervisor's and
Companion Officer's checklist, wallet cards and other written materials. Traiiiiiig
should include suggestions for dealing with challenges that officers may encounter
when responding to situations involving persons who appear to be suicidal, or who
may have other mental health issues. Periodically, such training should be fashioned
to include attorneys employed by state and local governments within the county.
E. Public outreach regarding law enforcement use of deadly physical force is also an
important component of effective and. well-received law enforcement policies and. of
this Plan. Public outreach may be provided in numerous ways, including seminars,
citizen's police academies, career day sessions at local schools, media releases, and
the promulgation of written materials such as flyers. Entities which should take the
lead in such outreach include: Jackson County law enforcement agencies, the Law
Enforcement Agencies Heads group, MA/DIU, the Jackson County Public Safety
Coordinating Counsel and the Deadly Physical Force Planning Authority.
SECTION 12: FISCAL IMPACT
Jackson County law enforcement agencies have incurred no reimbursable out of pocket
costs associated. with the development of this Plan. It is estimated. that there will not be
ongoing reimbursable costs associated with the implementation of the Plan. However, if
any law enforcement agency covered by the Plan does sustain such costs in the fufire,
that agency shall submit to the Department of Justice, in the fiscal year in which said
costs are accrued, a report outlining the fiscal impact of each element of the Plan as
described in Section 4 and Sections (a) to (e) of Section 2(4) of Senate Bill 111, Chapter
842, Oregon Laws, 2007.
SECTION 13: PLAN REVISION
If a revision of the Plan becomes advisable, the Plaiming Authority shall meet and
discuss such a revision. Proposed revisions should be discussed. with the Law
Enforcement Agency Heads group, as well as the MA/DIU. If the Planning Authority
adopts a revision, such revision shall be submitted to the Attorney General and included
in the Jackson County Cooperative Policing Manual.
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POLICE EMPLOYEE-INVOLVED FATAL OR SERIOUS INJURY
Patrol Supervisor's Checklist
1. Emergency life saving measures and protection of the public have first priority.
2. Request additional patrol officers as necessary.
If an injured person is transported to a hospital, air officer should accompany that
person in the same vehicle in order to:
a) Locate, preserve, safeguard and maintain the chain of custody of physical
evidence.
b) Obtain a dying declaration, excited utterance, or any other statement made by
the injured person.
c) Maintain custody of the person if that individual has been arrested.
d) Provide information to medical personnel about the incident as it relates to
treatment.
e) Identify relevant people, including ambulance and medical personnel, and
obtain from them information that is relevant to the investigation.
f) Be available for contact with the injured person's family, if appropriate.
4. When the agency of primary responsibility is the Jackson County Sheriff's Office, the
Oregon State Police, the Medford Police Department, Ashland Police Department,
Central Point Police Department or Eagle Point Police Department, the supervisor
shall determine the number of detectives needed from the Major Assault/Death
Investigation Unit and will cause the supervisor of those detectives to be contacted.
When the agency of primacy responsibility is not one of those listed above, the on-
scene supervisor of the agency of primary responsibility shall contact the Jackson
County Sheriff's Office or the Oregon State Police and speak directly to a supervisor
regarding the call-out of the Major Assault/Death Investigation Unit. That supervisor
will cause MA/DIU detectives to be contacted. If a supervisor from the Oregon State
Police or the Jackson County Sheriff's Office is unavailable, the on-scene supervisor
shall leave a telephone number and wait for a call, or take other appropriate action.
6. Determine what responding/scene officers have learned and. what they've done.
7. LIMIT QUESTIONS of involved officers and other witnesses to those necessary for
public safety and. scene management.
8. Arrange for radio broadcasts on outstanding suspect, vehicle, witnesses, etc.
Appendix A
CAP111011 Page 30
9. Protect sensitive investigative information, including names of involved officers. Use
caution on radio broadcasts. Use secure phone when possible.
10. Locate, identify, uid sequester civilian witnesses for detectives' interviews.
11. The scene must be secured as soon as possible and a sufficient perimeter established
to safeguard. evidence. Access to the scene should be limited. to those officials who
must enter for an investigative purpose. A written log should be established. to
identify all persons entering and leaving the crime scene.
12. Responding officers in shooting incidents should. ensure that involved. officers
maintain their weapons in place, in the same condition as they were at the conclusion
of the incident, until surrendered to the evidence officer.
13. Collect your information and. thoughts to brief investigators.
Appendix A
CAP111011 Page 31
ROLE OF THE COMPANION OFFICER
A companion officer shall be assigned by the employer agency to each involved.
officer if practicable. The companion officer shall remain with the involved officer
until the officer can be interviewed.
The companion officer is present to provide for the involved officer's privacy, to be
certain that his/her needs are accommodated, and to insure the integrity of the
involved officer's later statements to investigators.
3. The companion officer should. encourage the involved. officer not to discuss the
incident until the investigative interview. However, this is not intended to in any way
prohibit the involved officer from speaking to family members.
4. The involved officer may also wish to speak to attorneys, union representatives,
psychotherapists or other similar professionals.
After the involved officer is released from the scene by the officer in charge, the
companion officer should remove the involved. officer from the scene as soon as
possible.
TOC
Appendix B
CAP111011 Page 32
Ordinance
Parks and Recreation
Ordinance
Amendment
CAP111011 Page 33
Parks & Public Works Department ~1 ~T L Matt Samitore, Director
~~, ~T
STAFF REPORT
DATE: NOVEMBER 4, 2011
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MATT SAMITORE, DIRECTOR
SUBJECT: CHANGES TO ALLOW TWO COUNCIL MEMBERS ON PARKS COMMISSION
HISTORY: Over the past two years the Parks Commission has only been able to meet twice a
year because of current members who are not able to make meetings in the late summer and fall.
The is ordinance would allow for membership from the City Council to ensure that a quorum is
obtained for the four required meetings the Parks Commission is required to have.
RECOMMENDATION: Approve first reading of ordinance to allow two City Council members to be
eligible for Parks Commission Membership.
Return to Agenda
140 S. Third Street ~~ Central Point, OR 97502 •541.664.3321 Fax 541.664.6384
CAP111011 Page 34
Ordinance No.
An Ordinance Amending Section 2.18.010 of the Central Point Municipal Code to
Remove Restrictions on Parks and Recreation Commission Membership
Recitals:
A. The Council desires to amend the code to expand membership eligibility for the
Parks and Recreation Commission by allowing council members to be appointed.
B. Words'^°~' +"r^~ ~^" are to be deleted and words in bold are added.
The People of the City of Central Point do ordain as follows:
Section 1. Section 2.18.010 of the Central Point Municipal Code is amended to read:
2.18.010 Established--Membership-Terms.
There is established a Central Point Parks and Recreation Commission composed of
seven and no more than eleven members who shall be appointed by and shall serve at
the pleasure of the city council, but who shall not be ,officers or
employees of the city of Central Point. Parks and recreation commissioners will serve
three-year terms. Each member of the commission shall have a demonstrated interest
in parks, open space and recreation matters. At least seventy-five percent of
commission members shall be residents of Central Point. Each year, before the first
regular meeting of the parks and recreation commission, the mayor shall appoint a
commission chairperson. The chairperson shall hold office for one year.
Passed by the Council and. signed by me in authentication of its passage this day of
2011.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
CAP111011 Page 35