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HomeMy WebLinkAboutCOW 2005-02-14 Item 4D - Ordinance - Revisions to Community Oriented Policing Citizens Advisory Board (COPCAB) COUNCIL AGENDA SYNOPSIS /4 Initial ITEMNo. 1 p1 194 1 Akutinx Date 1 Pre and by 1 A taior's rani 1 Cro::il nthw 1 ;Ott- f`2 i 2/14/05 MM L- fit I CS l 1908 I i I I I ITEM INFORMATION CAS NUMBER: 05-020 I ORIGEcAL AGENDA DATE: 2/14/05 AGENDA ITEM TITLE Community- Oriented Policing Citizen's Advisory Board (COPCAB) Ordinance Revision CATEGORY Db_bawiem Marion D solution Ordinance BidAward Public Hearing Othtr 3ftg Date 1 IS Date Aftg Dau Mfg Dad t Dr Mfg Date MtA Date I SPONSOR Coursil .Ma Adm SLrr DCD Finance Fire Izbal P&R Police pry I SPONSOR'S The COPCAB ordinance is being revised to allow for more flexibility in placing new SUMMARY members. In addition, administrative reporting requirements per the ordinance have been changed to reflect the current practice. This includes minute distribution and the annual report to City Council. (see Memo attached). REVIEWED BY COW Mtg. CA&P Cmte FR-S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 2/7/05 RECOMMENDATIONS: SPONSOR /ADMEN. Approve the ordinance COMMITTEE F&S Committee recommended forwarding to full Council COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Connnents: MTG. DATE I RECORD OF COUNCIL ACTION I 2/14/05 I I I 1 I I MTG. DATE I ATTACHM 2/14/05 I Memo, Draft Ordinance and Finance Safety Committee minutes from 2/7/05 (Draft ordinance from F &S Committee mtq on 2/7/05 I TO: FROM: DATE: SUBJECT: City ofTukwila Steven M. Mullet, Mayor David W. Haynes, Acting Chief of Police Police Department All Accredited Agency MEMORAJ\'DUNI Finance and Safety Committee Marja Murray, Administrative Secretary r^ \r^ January 26, 2005 Reco=ended Ordinance Revision The ordinance for the Co=unity-Oriented Policing Citizens' Advisory Board (COP CAB) is being revised to provide flexibility in placing new board members. If a business representative cannot be found for the open position, then a residential representative may fill that position, In addition, COPCAB makes an annual report to the City Council. The ordinance state<; that the board report is to be done on a quarterly basis. Historically, the report has never been done on a quarterly basis, and the Council has been satisfied \vith an annual report fi:om the COPCAB. The current ordinance is being changed to reflect that an "annual" report fi:om COPCAB meets the required standard. The draft ordinance is attached. If you have any questions, or concerns, please inform Acting Chief Dave Haynes. Thank you. Enclosure I 6200 Southcentor Blvd. . Tu1:wila, WA 98188. Phone: - (206) 433-1808. Admin. Fax: - (206) 244-6181; Invest. Fax: - (206) 431-3688 DRAFT 2 v l s c 0) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKI4'ILA, WASHINGTON, AMEN CHAPTER 2.39 OF THE TUKWILA MUNICIPAL CODE, 'COMMUNITY-ORIENTED POLICING CITIZENS ADVISORY BOARD," REGARDING THE COMPOSITION AND REPORTING OF THE BOARD; REPEALING ORDINANCE NO. 1729; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 22, 1994, the City of Tukwila created the Community- Oriented Policing Citizens Advisory Board (COPCAB), which has Y.,, •C.• to be a valuable resource in the development of recommendations aimed at community -wide public safety; and WHEREAS, it is the intent of the City that this committee be broadly representative of both the residential and business communities; and WHEREAS, reporting of the Board's activities to the Mayor and Council on an annual basis, rather than quarterly, is deemed sufficient and WHEREAS, the recruiting of two owners or managers of businesses located within the City has proven to be difficult; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Community Oriented Policing Citizens Advisory Board. Tukwila Municipal Code Chapter 239, entitled °Community- Oriented Policing Citizens Advisory Board: is hereby amended to read as follows: CHAPTER 239 COMMUNITY- ORIENTED POLICINi G CFTIZENS ADVISORY BOARD Sections: 2.39.010 Board Established 239.020 Composition of Board 239.030 Appointment Terms 239.040 Compensation 2.39.030 Duties of the Board 239.060 Meetings and Procedure L i 239.010 Board Established There is hereby established for the City of Tukwila a citizens advisory board to be known as the "Community-Oriented Policing Citi7rns Advisory Board." 2.39.020 Composition of Board The Board shall consist of nine members who shall meet the following qualifications: 1. Not less than five of the members shall be City residents, representing residential property owners and renters; COPCIB 2/8105 Page 1 of 3 2. At least two members shall be owners or managers of businesses located within the City, providing that, if the business community is unable to fill one of its t-vo positions, a resident may fill one of the business board member positions. 3. One member shall represent the school district(s) within the City; and 4. One position shall be a high school student and resident of the City. This single voting position may be occupied by only a duly authorized representative of student government. 2.39.030 Appointment Terms A. All Board members shall be appointed by the Mayor, with the exception of the resident high school student who shall be nominated by her /his high school student government organization All Board appointments, with the exception of the student position, shall be subject to confirmation by the City Council. B. Initial appointments to the Board shall be made for the following terms: 1. One member of the Board shall be appointed to a one -year term; 2. Two members of the Board shall be appointed to two-year terms; 3. Two members of the Board shall be appointed to three -year terms; 4. Three members of the Board shall be appointed to four -year terms; and 5. The student representative position shall be maintained by the student government body. C All subsequent appointments, except for vacancies, and the student representative shall be for four -year terms, provided that members shall remain in office until their successors are appointed and confirmed. D. Vacancies occurring other than through the expiration of terms shall be filled for the remainder of the term of the member being replaced. Vacancies shall be filled in the same manner as initial appointments are filled. E. Members maybe removed at -sill at any time prior to the end of their term by the Mayor. In addition, members who fail to attend three consecutive meetings, regular or special, may be considered to have vacated their positions and may be replaced, as -r provided for herein Any member who ceases to have the qualifications provided in TMC 2.39.020, Composition of Board, shall be deemed to have forfeited his or her office. 2.39.040 Compensation No member of the Board shall receive compensation for services performed. 2.39.050 Duties of the Board A. The duties of the Board shall include, but not be limited to, advising and making recommendations via the Chief of Police on issues concerning public safety and police services within the City, such as: 1. To enhance police- community relations; 2. To review and provide a community perspective and recommendations concerning procedures, programs, and the effectiveness of the police service; 3. To promote public awareness of the City's police services and programs including, but not limited to, business and residential crime prevention programs, safety training, domestic violence intervention, and D.A.R.E.; 4. To hold public meetings from time to time to solicit public input regarding police services and programs; 5. To serve as a liaison between the Police Department and the community; 6. To encourage individuals and community groups to assist the Police Department in the implementation of police programs and services; and corals axon Pace 2 of 3 7. To review and make recommendations concerning such other and further matters as may be referred to the Board, from time to time, by the Mayor, the City Council, or the Chief of Police. B. The Board shall make an annual report to the Mayor and City Council regarding activities. C. Notwithstanding the duties of the Board as described within TMC 2.39.050A, the Board shall have no power or authority to investigate, review, or otherwise participate in matters involving specific police personnel or specific police related incidents. The Board in no way shall receive or stand in review of complaints initiated against personnel of the Police Department, nor play any role in civil or criminal litigation. 239.060 Meetings and Procedure A. The Board shall have at least one regular meeting per quarter on such day of the month and at such time as may be determined by the Board. Special meetings may be held as often as the Board deems necessary. All meetings of the Board shall be open to the public, except as otherwise provided in the State Open Public Meetings Act. All requirements of the Open Public Meetings Act shall be followed by the Board. B. For purposes of conducting the Board's business, exercising its powers and for all other purposes, a quorum of the Board shall consist of five or more members. Any action taken by a majority of those present, when those present constitute a quorum at any regular or special meeting of the Board, shall be deemed and taken as the action and decision of the Board. C. The Board shall elect such officers as it deems necessary in order to conduct its business. The Board shall adopt such rules of procedure as it deems necessary. D. The Board shall tape record or keep minutes of all meetings held and all business transacted. All records of the Board shall be open for public inspection, except those that may be exempt from public disclosure under State law. Minutes shall be distributed, at a minimum, to the Office of the Mayor and the Chief of Police. Section 2. Repealer. Ordinance No. 1729 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, at a Regular Meeting thereof this day of 2005. ATTEST AUTHENITCA I ED: Steven M. Mullet Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: copcAS twos Page 3 of 3 - .\ ., c--J 7n~L ( Finance and Safety Committee February 7,2005 Present: Dennis Robertson, Chair; Pam Carter, Dave Fenton Dave Haynes, Viki Jessop, Jane Cantu, Shelley Kerslake, Rhonda Berry, Darlene Heskett, Kevin Fuhrer, Nick Olivas, Lucy Lauterbach 1. Court Security Bids Darlene briefed the Committee regarding proposals for security services for Tubvila Municipal Court. Seven companies were contacted and three responded. The most complete and least expensive proposal was from Securitas, which provides court security in Kirkland. Kirkland reports being very happy with their services. Securitas will provide one guard that will be on du!y all day. That guard will be on duty from 8:30 to 4:30 p.m. and will eat lunch at his/her station. 'The guard will be unanned, will perfonn a visual check of briefcases, purses and backpacks, and will have a wand to check people who set off the alarm when walking through the security arch. Darlene will draft a contract for services with Securitas and review the operational plan with the police. She did not think she could do it for next week's COW, but will work to get a contract as soon as practicable. Recommend contract to Council: brin!! to Committee onlv if timin!! works. ~2. Revisions to COPCAB Ordinance Police want to amend the Community Oriented Policing ~ 'Citizen Advjsory Board (COPCAB) ordinance to allow a resident to fill a position if a business person cannot be found, and to change reporting requirements from quarterly to annually. Two business persons are to be on the Board, but if that is nor-possible; one resi-dent can fill in-for one business person. Pam C also suggested by removing the requirement for COPCAB minutes to go to City Council. Recommend ordinance to COW. 3. Kenvon Disend Contract There have traditionally been two parts to a Kenyon contract: the general city attorney services portion and an hourly portion. The service portion includes regular office hours, preparation and lor review of ordinances, resolutions, contracts, and other city documents or materials, prosecution services, and a host of other services. The hourly portion covers special matters such as lawsuits originating from code enforcement actions, appeals of Tub vila Municipal Court decisions, and other non-routine matters. Fees for hourly billings for special matters exceeded 585,000 in 2004. The contract proposed for 2005 increases the monthly rate to the Kenyon finn from 525,978 to 531,500 and eliminates hourly billing for special matters until charges incurred for each individual matter exceed 55,000. Pam asked that the Council receive quarterly or semi-annual updates on significant legal issues, as well as a summary oflegal fees incurred if possible. Recommend contract to CO\V. AA pi) i to -d- thcf 'n0_1-n sahc f Cnt 5• Ty, cL/'7 f c. a. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 2.39 OF THE TUKWILA MUNICIPAL CODE, "CONLI4UNITY- ORIENTED POLICING CITIZENS ADVISORY BOARD REGARDING THE COMPOSITION AND REPORT OF THE BOARD, REPEALING ORDINANCE Na 1729; PROVIDING FOR SEVERABILYIY, AND ESTABLISHING AN EIFFhLIPVE DATE. WHEREAS, on February 22, 1994, the City of Tukwila created the Community- Oriented Policing Citizens Advisory Board (COPCAB), which has proven to be a valuable resource in the development of recommendations aimed at community -wide public safety, and WHEREAS, it is the intent of the City that this committee be broadly representative of both the residential and business communities; and WHEREAS, reporting of the Board's activities to the Mayor and Council on an annual basis, rather than quarterly, is deemed sufficient, and WHEREAS, the recruiting of tss o owners or managers of businesses located within the Qty has proven to be difficult, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Community- Oriented Policing Citizens Advisory Board. Tukwila Municipal Code Chapter 2.39, entitled "Community-Oriented Policing Citizens Advisory Board," is hereby amended to read as follows: CHAPTER 239 COISIUNITY- ORIENTED POLICING CITIZENS ADVISORY BOARD Sections: 2.39.010 Board Established 239.020 Composition of Board 2.39.030 Appointment Terns 239.040 Compensation 239.050 Duties of the Board 239.060 Meetings and Procedure 2.39.010 Board Established There is hereby established for the City of Tukwila a citizens advisory board to be known as the "Community- Oriented Policing Citizens Advisory Board." 239.020 Composition of Board The Board shall consist of nine members who shall meet the following qualifications: 1. Not less than five of the members shall be City residents, representing residential property owners and renters; COPCAB >n Page 1 of 3 ez 2. At least two members shall be owners or managers of businesses located within the City, providing that if the business community is unable to fill one of its two positions, a residential-Tin; KnZ-es may fill one of the business board member positions. 3. One member shall represent the school district(s) within the City; and 4. One position shall be a high school student and resident of the City. This single voting position may be occupied by only a duly authorized representative of student government 2.39.030 Appointment Terms A. All Board members shall be appointed by the Mayor, with the exception of the resident high school student who shall be nominated by her /his high school student government organization. All Board appointments, with the exception of the student position, shall be subject to confirmation by the City Council. B. Initial appointments to the Board shall be made for the following terms: 1. One member of the Board shall be appointed to a one -year term; 2. Two members of the Board shall be appointed to two-year terms; 3. Two members of the Board shall be appointed to three -year terms; 4. Three members of the Board shall be appointed to four -year terms; and 5. The student representative position shall be maintained by the student government body. C All subsequent appointments, except for vacancies, and the student representative shall be for four -year terms, provided that members shall remain in office until their successors are appointed and confirmed. D. Vacancies occurring other than through the expiration of terms shall be filled for the remainder of the term of the member being replaced. Vacancies shall be filled in the same manner as initial appointments are filled. E. Members may be removed at will at any time prior to the end of their term by the Mayor. In addition, members who fail to attend three consecutive meetings, regular or special, may be considered to have vacated their positions and may be replaced, as provided for herein Any member who ceases to have the qualifications provided in TMC 239.020, Composition of Board, shall be deemed to have forfeited his or her office. 2.39.040 Compensation No member of the Board shall receive compensation for services performed. 239.050 Duties of the Board A. The duties of the Board shall include, but not be limited to, advising and making recommendations via the Chief of Police on issues concerning public safety and police services within the City, such as: 1. To enhance police community relations; 2. To review and provide a community perspective and recommendations concerning procedures, programs, and the effectiveness of the police service; 3. To promote public awareness of the City's police services and programs including, but not limited to, business and residential crime prevention programs, safety training, domestic violence intervention, and D.A.R.E.; 4. To hold public meetings from time to time to solicit public input regarding police services and programs; 5. To serve as a liaison between the Police Department and the community; 6. To encourage individuals and community groups to assist the Police Department in the implementation of police programs and services; and CorCAS >n Page 2 of 3 7. To review and make recommendations concerning such other and further matters as may be referred to the Board, from time to time, by the Mayor, the City Council, or the Chief of Police. B. The Board shall make an annual report to the Mayor and City Council regarding its activities. C. Notwithstanding the duties of the Board as described within TMC 2.39.050A, the Board shall have no power or authority to investigate, review, or otherwise participate in matters involving specific police personnel or specific police related incidents. The Board in no way shall receive or stand in review of complaints initiated against personnel of the Police Department nor play any role in civil or criminal litigation 2.39.060 Meetings and Procedure A. The Board shall have at least one regular meeting per quarter on such day of the month and at such time as may be determined by the Board. Special meetings may be held as often as the Board deems necessary. All meetings of the Board shall be open to the public, except as otherwise provided in the State Open Public Meetings Act All requirements of the Open Public Meetings Act shall be followed by the Board. B. For purposes of conducting the Board's business, exercising its powers and for all other purposes, a quorum of the Board shall consist of five or more members. Any action taken by a majority of those present when those present constitute a quorum at any regular or special meeting of the Board, shall be deemed and taken as the action and decision of the Board. C. The Board shall elect such officers as it deems necessary in order to conduct its business. The Board shall adopt such rules of procedure as it deems necessary. D. The Board shall tape record or keep minutes of all meetings held and all business transacted. All records of the Board shall be open for public inspection, except those that may be exempt from public disclosure under State law. Minutes shall be distributed, at a minimum, to the t- Office of the Mayoxand the Chief of Police. Section 2. Repealer. Ordinance No. 1729 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to arty person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall lake effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASI ILNGTON, at a Regular Meeting thereof this day of 2005. ATTEST /AUITIEN`IICATED: Steven M. Mullet Mayor Jane E. Cantu, CA-1C, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: COPCAB 121115 Page 3 of 3