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HomeMy WebLinkAboutAGENDA REPORT 1990 1003 CC REG ITEM 11GBERNARDO M. PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tom ELOISE BROWN Councamember CLINT HARPER, Ph.D. Councllmember PAUL W. LAWRASON, Jr. CounWmember LILLIAN KEL.LERMAN City Clerk TO: FROM: DATE: SUBJECT: BACKGROUND MOORPARK ITEMj:tv, THE HONORA13LE C T NCI L RICHARD RODRIGUR LIEUTENANT SEPTEMBER 25, 1990 MOORPARK LAW ENFORCEMENT ASSI PROGRAM - A CITIZEN PATROL STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT Clty Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer .00RPARK. CAUFORNIA City Council MeetlV of An In response to a growing concern by citizens over the escalating incidents of graffiti and vandalism occurring throughout the City a group of citizens held a community meeting on July 10, 1990. This meeting was held at the Moorpark Community Center and was attended by approximately 50 individuals, including the press and speakers_ The meeting was chaired by Steven Brodsky, a Moorpark resident, and the speakers included Lieutenant Rodriguez, Deputy D.A_ Jim Irving and a representative from Corrections Service Agency (Probation)_ The purpose of the meeting was to make the public aware of the growing v4ndalism/graffiti problems in the city and to solicit citizen participation in a citizen patrol group that Mr. Brodsky was attempting to organize. This grow p, referred to as "Graffiti Busters" would patrol the city for the specific intent of deterring-graffiti and other acts of vandalism. Secondarily, the public heard an explanation of how the police are handling the problem and heard what can be expected from the District Attorney-s 0fiice and Corrections Services Agency against anyone arrested, prosecuted and convicted of these crimes_ Lieutenant Rodriguez explained that although Graffiti Busters intent was to report these criminal activities to the police they were not a police sanctioned group_ Further, that the group must act within the law and might be subject to civil 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 liability resulting from allegations against their group_ Lieutenant Rodriguez offered Neighborhood Watch as a viable alternative for those anxious to participate in an activity that would benefit the community. Speakers responded to questions from the audience and at the end of the meeting Lieutenant Rodriguez scheduled a meeting with Mr. Brodsky to discuss Graffiti Busters further. DISCUSSION Staff has met four time; with Mr. Brodsky and had numerous telephone conversations discussing the concept of the Graffiti Busters citizen patrol. Mr. Brodsky's original proposal for Graffiti Busters was first to divide the city into sectors. Citizen members of Graffiti Busters would then be scheduled to patrol the city within the sector where they reside. Schedules would be unannounced to the general public with no defined operating times, presumably late afternoon and nighttime hours. Communication was proposed to occur between patrolling citizens and a base station via portable radios, car phones could also be used. Suspicious activity or actions believed associated with graffiti or vandalism would be reported to the police for response. In -addition to discovering secondary goal is to identify information to the police Graffiti Busters does not into vandals pending the arrival of identification through the use suspicious activity, the groups the vandals and communicate this for reporting /arrest purposes. snd to make personal contact with the police but rather would make Of field glasses, or cameras. Fear of retaliation is a very real concern of those people participating in the Graffiti Busters group and therefore their desire was to maintain members anonymity. The issue of anonymity is an area of concern to city staff. In addition, ..7 city staff expressed concerns ,:'elated to civil liability on the Part of the city for the actions of this proposed citizen group if sanctioned by the city in .zany way. Civil liability was a topic that was discussed briettr during the community meeting on July 10th. In response to these concern�­>, Ventura County Counsel -s Office responoe to the following qucs'..i 1- What liability will Moor.patj, activities fii *Ice the ^herl enforcement`," Qtaff drafted a memorandum to on July 30, 1990, requesting a :M.9 : incur For this group's F >rcvicles the city -s law U 2. If this group's potential members names are provided to the Sheriff for screening, can they be kept confidential? 3_ if this group organizes under the auspices of the Sheriff's Department, who incurs the liability for their behavior? 4. If liability lies with the Sheriff (County), what should be done to mitigate this issue? To date staff has still not; received a response from County Counsel -s Office. Staff encouraged citizens present at the July meeting that Participation in their local Neighborhood Watch program might be an alternative way to accomplish their intended purpose. Graffiti Busters was proposed as a proactive citizen patrol in contrast to Neighborhood Watch which is a more passive crime prevention program, Participation in Neighborhood Watch, by its very nature would present less situations for injury, confrontation or liability- Expansion of the city's Neighborhood Watch program is also a primary goal of the police department this fiscal. year. CITIZEN PATROL PROGRAMS The Sheriff -s Department currently administers two citizen Patrol groups, Retired Seniors Volunteer Patrol(RSVP) and Camarillo Citizen Patrol, in conjunction with the cities of Ojai and Camarillo. Ojai Senior Patrol The Ojai group, commonly referred to as the Ojai Senior Patrol has been in existence over ten years and was funded through a federal grant_ The Ojai Senior Patrol is a branch of H.E_L.P_ of Ojai, a non - profit community help organization. Ojai Senior Patrol participants must comply with formal by -laws dictating behavior and procedures. Oversight of this group is delegated to a Senior Deputy assigned to the Ojai Station. He functions as the law enforcement liaison that directs the groups activities and information through a lead citizen patrol person_ Ojai Senior Patrol. members du not participate in an active law enforcement capacity. 'Their activities are passive and include; vacation house checks, checking the Well-being of senior ahut -ins and Jenerally reporti.rzg to the police anything unusual that they encounter clurr�; their- patrol of the city- Participant-, I communicate vi, � >rt,ib:�e radios to -their base -7 station for police notification. Patrol members work almost exclusively during the daytime hours in teams of two. Occasionally the police have asked their help during the nighttime hours. They also maintain records of their activities. Ojai Senior Patrol personnel have also provided countless hours of assistance in support of the Sheriff's Department's administrative responsibilities. Personnel have logged hundreds of hours in the Sheriff's Crime Lab and Records Bureau -s in Ventura by performing filing and other recordkeeping duties. Camarillo Citizen patrol The Camarillo Citizen Patrol has been in existence since 1976 and is cosponsored by Camarillo Police Department and the Sheriff's Department. Camarillo Citizen Patrol evolved from an earlier group, the Camarillo C.S. (Citizen Band Radio) Patrol.. This group was a citizen band radio club whose members bought and maintained their own equipment_ Their activities included reporting suspicious activities and in- progress crimes in addition to their regularly scheduled field exercises. Their activities periodically came in conflict with local police in responding to Calls For Service, particularly where a CB'er was the reporting party. Officers might find themselves responding to calls that affected 1, officer safety, ie. , Alarms or burglary, and unexpectedly encountered well intending citizens. These encounters placed citizens in danger and required the police to determine the citizen's identity and reason for being present before continuing with their investigation of the call. The Sheriff's Department feels very strongly that the stability and safety in the community requires the willingness of responsible citizens who actively concern themselves with government and its utilization of the criminal Justice system. Effective law enforcement is clearly dependent upon the Participation and cooperation of citizens in making their community a safe place to live. As a result, the Sheriff took the steps necessary to incorporate this group of citizens into their delivery of police serv5.c:,&s to the community. The Camarillo Citizen Patrol works within very clearly defined Parameters- The goals, objectives aria responsibilities of the participants are documented in a Camarillo Citizen Patrol Program Information and Instru °Lien Manual_ The primary goal of this citizr,q group Was to establish a viable community based crime preventio-, program which would enhance the criminal ,justice ; ;yst,e, by s!,- ergthening understanding; between law enforcehient and the c:,m:n .; rt F. i n , served. The group - a - .7 objectives were to discover, report and help prevent criminal activities and to identify and respond to emergency situations when they were needed. A secondary goal was to establish a training program for community disaster situations and individual community service needs.. These emergencies might include earthquakes, fire, public communications breakdowns and searches for lost children. Citizen participation was limited to local citizens or persons with a legitimate interest in the community, ie_ businessman_ All participants were required to submit to a background examination and participate in mandatory training for acceptance and continued participation in the program. The group elected a Board of officers that schedules activities and maintains records, work logs and rosters. The Sheriff -s Department has assigned a Senior Deputy as liaison that directs and oversees the activities of the group. Compliance with the Manual, program evaluation and continuation of the program is the responsibility of the Sheriff's liaison officer- MOORPARK In meetings with Mr_ Brodsky, staff has been advised that the Proposed Graffiti Busters group has a large number of citizens anxious to participate in the program. Ideally, the group intends to recruit citizens to patrol only within the sector of the city where they reside. Logically, auspicious activity would be more apparent to someone that resides in the area. The goal of this group is to be proactive and patrol the community to discover and deter acts of graffiti and other vandalism_ The group intends to accomplish this by reporting these in- progress crimes and suspicious activities as they are observed. Patrol citizens would not attempt to confront the subjects involved but rather wt:)uld stand by awaiting the arrival of responding officers. They would also attempt to identify the subjects through the use of a camera, binoculars or visual observation for later prosec�,ltion_ The groups intent is to conduct their patrol activities through the use of an unannounced public schedule. ['hF belief is that if the parties responsible for the growing incidents of graffiti are aware that a citizen patrol exists but have no knowledge of their schedule, that fact alone might serve as a deterrent. A major point of concern to potential Graffiti Busters Participants is retaliation that might result in injury to themselves or their propr,rt�, ;.f their identity was public knowledge_ presumably, rh_. can be mitigated through anonymity. In discussions with Mr. Brodsky, staff has attempted to keep an open mind and remain objective in determining whether Graffiti Busters, as proposed, would be beneficial for the city and fit within the police department's delivery of services. As noted earlier, the groups proposed activities raise valid concerns on the part of the City and the Sheriff's Department_ Personal injury, confrontation, training, equipment, liab�hlty and parameters of the groups activities are all issues that have been discussed. The Sheriff -s past experience has shown that an organized volunteer group, working within defined parameters, can interface effectively with local law enforcement in the delivery of services to the community_ Conversely, organized crime Prevention groups, though well intended, can create an unnecessary officer - citizen safety situation that may delay or hinder an investigation_ Mr. Brodsky has advised staff :several times that it is his group's desire to organize and participate in this activity under the auspices of the Sheriff -s Department (Police). This type of joint effort will also receive better public acceptance and make the group more effective. Should law enforcement choose not to sponsor the group, the group still hopes to organize and actively patrol the community in pursuit of its goals_ In reviewing the Ojai and Camarillo citizen patrol programs, it appears that the Camarillo Citizen Patrol Manual is a satisfactory source document for defining goals, objectives, Participant responsibilities and parameters for the activities Of a Moorpark citizen patrol. Staff has discussed this manual extensively with Mr_ Brodsky to establish a similar manual for a Moorpark citizen patrol. Mr. Brodsky has been very cooperative with staff and assisted in amending and drafting a similar document for Moorpark. Acceptance of a formal manual. is .7 prerequisite to the Sheriff'_ participation in sponsorahip of such a group. The issue of group member's anonymity has also been discussed and resolved. The Sheriff will require all prospective group members to submit to a background examination to identify criminal history or other factors that may prove unacceptable to the program_ Rosters files will be under control of the Sheriff -s Department. Finai membership approval must rest with the Sheriff's Department_ Staff has also determined thr goals of Graffiti Busters, as proposed, arm very narrow r.tn(3 u)z:3t he expanded. Although the r, r' if f _ r.� I I I incidents of graffiti have been most visible in the downtown area, it has occurred throughout the city at various times. By broadening the goals of changing the name of the proposed group, it is more likely to receive the public's support and lessen the Perception that the groups activities are intended to target a particular section of the city. Agreement has been reached on these two issues and the name MOORPARK LAW ENFORCEMENT ASSISTANCE PROGRAM (LEAP) is the new proposed name, for the group. Revised goals and objectives are defined later "in this report_ Staff is still awaiting a response from the County Counsel's Office on the liability issue. In discussing this issue with Sheriff's Command Staff the question has never been specifically addressed. The belief is that because the Sheriff is sponsoring the two existing groups, oversees their activities, has provided training and requires activities to comply with an established manual, the liability lies witrr the County_ With the potential for injury present, the issue of workman's compensation benefits is also a consideration. Since the County is self - insured, staff has contacted a representative of the County's Risk Management Office for clarification. Staff has been advised that as the groups activities are proposed, workman's compensation benefits are not applicable. The Proposed manual will clearly state that group participants are not to make physical contact with suspected wrongdoers and will retreat from any potential confrontation they may encounter pending the arrival of Sheriff's deputies. Any contrary behavior would be considered a violation of the regulations under which members of Moorpark -s Law Enforcement Assistance Program are required to abide_ Like the Camarillo group, Moorpark program participants will be required to sign liability waiver forms as a condition of their participation in this program_ An emergency situation where a deputy requires some type of emergency assistance from the citizen and /or the citizen is asked to assist and thereafter suffers an injury would be a legitimate workman -s compensation claim however_ COST Equipment is an issue that may be a proposed Moorpark group. Unlike equipment through federal grant consisted of CR'ers with their own participants must find a of are primarily communication; portable Exact quantity and cost are neat known Several option: ere avai]ab for significant problem for the Ojai that acquired its funds and Camarillo that equipment, Moorpark program equipment_ Equipment needs radios and a base station_ at this time. acquisition and include; Personal purchase, equipment donations from business sector, fund raising and possibly federal surplus property acquired through the city_ The Sheriff -s Department does not have surplus communications equipment to make available to the Moorpark group and the police department -s budget did not include funding for this type of equipment acquisition. Mr. Brodsky advised staff initially that the Graffiti Busters group was applying for tax exempt status for the purpose of fund raising and presumably this is still an intended course of action. To date, considerable staff time has been invested in the evaluation of the citizen patrol concept. Staff has determined that if created it is a workable program that can be compatible with current police services_ If created, the program will be administered by a board of directors elected from within the group_ The city "s Community Services Officer (CSO) will be the Police departments liaison officer to oversee and direct the activities of the group, Considerable staff time will be required at the onset in organizing a Moorpark citizen patrol_ On -going CSO staff time is estimated to be A - 8 hours per week. These additional responsibilities coupled with the police department's desire to expand the Neighborhood Watch Program and initiate a Crime Stoppers program may prove excessive for the CSO. A more practical option may require an overtime expenditure for the patrol Senior Deputy to oversee the program. Annual cost is estimated at $6,500. -- $13,000_ Should Council authorize the Police department to move forward with this program on a trial basis, overtime expenditures will be absorbed within existing Police budget appropriations. PROPOSED MOORPARK LAW ENFORCEMENT ASSISTANCE MANUAL Staff has drafted a proposed manual that defines the goals, objectives and respons.ibilit_Les of all program participants. Some refinements are yet to be completed before it is acceptable to the Sheriff's Department. dentified in the draft are: Goals of the program Evaluation of program goal: Citizen involvement Citizen qualifications Member qualifications /responsibilities Board of Directors /Duties and terms Amendments to Manual Membership rules and regu i._ tions Training Patrol operating; procecic�re The goals of the proposed organization have been redefined to discover, report and help prevent all criminal activity. These types of crimes may include burglaries, thefts and vandalism, including graffiti. Additionally, upon receiving the appropriate training, the group will be available to assist the city /police department in addressing disaster situations and other community needs. The drafted manual requires that the objectives of the organization be evaluated quarterly during the first year of the program_ If necessary the objectives will be amended_ If unforeseen problems arise that are irreconcilable, sponsorship of the program will be terminated. At this time ,staff is seeking direction from the City Council in determining whether the police department should proceed in cosponsorship of the program. County Counsel contacted staff on September 28, 1990, and verbally advised that as proposed,the program should work, however, actions of the program participants could result in liability. County Counsel advised that they will attempt to provide staff with a detailed response to its request on the issue of liability by October 3, 1990. RECOMMENDATION Direct staff as deemed appropriate. LEAF