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HomeMy WebLinkAbout2003.0812.TCEWSM.PacketNOTICE OF THE EXECUTIVE AND WORK STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilman Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault WHEN: TUESDAY, AUGUST 12, 2003 TIME: 4:30 p.m. — 6:00 p.m. (Executive Session) 6:00 p.m. — 8:00 p.m. (Work Study Session) WHERE: COMMUNITY CENTER 13001 N. LA MONTANA DR. (CLASS ROOMS 1 & 2) Vice Mayor Susan Ralphe PLEASE NOTE: The primary purpose of work session meetings is to provide the Town Council with the opportunity for in depth discussion and study of specific subjects. Public comment is not provided for on the agenda and the public is asked to refrain from comment. 1.) VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. § 38-431-03.A.1 for discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting. (Specifically, to review the evaluations of the town manager and the magistrate judge). 2.) RETURN TO THE WORK STUDY SESSION CALL TO ORDER AND ROLL CALL— Mayor Nichols 1.) DISCUSSION of establishing a Public Safety Commission. 2.) ESTABLISH next meeting date and summary of Council direction by the Town Manager. 3.) ADJOURNMENT. DATED this 8`' day of August, 2003 Bevely J. nder, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to attend this meeting or to ')tain agenda information in large print format. •Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 1 of 1 Last printed 8/11/2003 8:24 AM TOWN OF FOUNTAIN HILLS Office of Town Manager INTER OFFICE MEMO TO: The Honorable Mayor Nichols and DT: August 8, 2003 Town Council FR: Tim Pickering, Town Manager `' 77 RE: Public Safety Commission workshop A discussion of a public safety commission is scheduled for the August 12th workshop at the Community Center. An executive session starts at 5 PM. Back round On April 3r during the law enforcement decision a resolution was passed asking that the Town Manager provide a plan to the Council regarding forming a citizen's public safety commission. I have completed my initial research of the concept and have contacted several other communities regarding this type of commission. Research findings After contacting area cities and towns the following communities responded: No Commission Phoenix Gilbert Queen Creek Florence William Avondale Flagstaff A typical response comes from Phoenix. "The City of Phoenix has no Public Safety Commission per say. As far as an oversight committee or a commissioner type of government, the answer is no. We do have a City Manager and various review boards in place." Committee ordinances attached Chandler Bisbee Casa Grande Chandler's, Casa Grande's and Bisbee's ordinances were developed due to problems arising in their police departments. Chandler had an alleged improper shooting and Bisbee was inaccurately accused of racial profiling. Bisbee's committee was newly formed as part of a charter change and rarely meets. When I spoke with the City Manager of Casa Grande, he indicated that their advisory board was a result of some inappropriate acts of two police officers resulting in a racial issue. The Attorney General recommended that Casa Grande form this board. The City Manager stated that so far the board has been a "good thing" that has helped keep the police command staff on their toes and advised of community issues. However, one problem is board members understanding that they are an advisory board and not in charge of the police department. Board members need to understand they are advisory in nature and not, for example, a shooting review panel. Some of the most important success factors are determined by who is on the board and how the ordinance is written. I have placed calls to other cities that have public safety commissions such as Cupertino, Saratoga, and Malibu California. To date the only California city I have reached is Cupertino who stated they have had responsibility issues with this commission. It seems they have little to do and sometimes get into things beyond their responsibility. Recommendation I purpose we have a thorough discussion about why this committee should be started, what their responsibilities are, and what the objective is of starting the committee. Related items I have also attached a copy of the emergency management coordinator position job description and the original law enforcement resolution passed in April. See you Tuesday night. Attachments: Bisbee, Chandler, Casa Grande ordinances, April 3 resolution, EMC job description Andrew McGuire, Town Attorney Captain Scott Penrose, MCSO Chief Mark Zimmerman, Rural Metro Tpickering/tgp/my documents/publicsafetycommission.doc/8/8/03 ORDINANCE NO.O-03-10 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BISBEE, COUNTY OF COCHISE, STATE. OF ARIZONA, AMENDING CHAPTER 4, ``r•r POLICE AND FIRE DEPARTMENTS, CITY CODE OF THE CITY OF BISBEE, BY ENACTING ARTICLE 4.6, POLICE AND FIRE ADVISORY COMMITTEE, AND BY ENACTING SECTIONS 4.6.1, 4.6.2, 4.6.3, 4.6.4, 4.6.5, 4.6.6, AND 4.6.7, CITY CODE OF THE CITY OF atSIKER, AND PROVIDING FOR REPEAL AND SEVERABILITY WHEREAS, the citizens of the (.:ity of Bisbee (the "City") voted to amend the City's Charter in November'002 and established a standing committee called the Police and Fire Advisory Committee ("PFAC" or the "committee"); and WHEREAS, the Mayor and City Council find that the PFAC should act as a citizen's forum to identify law enforcement and (ire and emergency service issues that alTeet the community and provide policy recommendations to the Mayor and City Council from the community that will yield responsive police and fire service for all citizens of" Bisbee; and WHEREAS, the Mayor and City Council find that the committee should also promote communication between the Bisbee Police and F irc Departments and the community by encouraging; all citizens of Bisbee to present their views, concerns, and complaints about law enforcement and fire and emergency service issues affecting individuals and the community; and WHEREAS, an implementing ordinance is necessary to provide structure for the PFAC. NOW, THERFORE, BE IT ORDAIN 1 1), RV THE MAYOR AND COUNCIL OF THE CITY OF BISBEE, COUNTY OF COCHISE, STATE OF ARIZONA, AS FOLLOWS: Section 1. Chapter 4. Police -md Fire Departments. City Code of the City of Bisbee, is amended by enacting; the following new article and sections: "ARTICLE 4.6. Police and Fire Advisory Committee 4.6.1. Establishment In accordance with Section 5.02, Bisbee City Charter, there is hereby established a Police and Fire Advisory Committee. the committee shall be composed of seven (7) voting members appointed by the Mayor and approved by the City Council. There shall also be four (4) nonvoting members of the committee, one supervisor and one nonsupervisor each from the Police and Fire Departments, as CITY OF BISBEE AZ 520 482 BOGS 08/06/OS 12:sspm P. 003 Ordinance 0-03-10 selected by the Bisbee Police ChieCand the Bisbee Fire Chief from their respective departments. 4.6.2. Selection of Committee Members The seven (7) voting members shall be composed of two (2) members each from the City's three wards and one member at large. In recruiting and selecting the voting members of the committee, the Mayor and City Council shall seek to reflect the diversity of Bisbee's population in order that there will be input from a broad spectrum of interests, views and concerns. In pursuit of that objective, the Mayor and City Council should seek board members from different personal, professional, ethnic, and cultural backgrounds. 4.6.3. Terms of Office The voting members of the committee shall serve staggercd terms. Three (3) of the initial committee voting members, one from each ward, as determined by lot, shall serve a one (1) year term. "Che remaining initial committee voting members shall serve a two (2) year term. Thereafter, the term of office for a board member shall be two (2) years. The Mayor and City Council shall fill a vacancy during a term in office for the remainder of the term in the same manner as the original appointment. Unexcused absence from three (3) consecutive regularly scheduled meetings by any voting member of the committee shall be deemed to constitute the resignation of the voting member. 4.6.4. Officers The committee shall nominate and elect a chairperson and a vice chairperson to each serve a one-year term. 4.6.5. Staff Representatives The City Manager shall select and appoint staff representatives and/or clerical support for the committee. 4.6.6. Meetings A. Regular committee meetings shall be held no less than on a quarterly basis, or more ftequently for cause, as determined by the committee's chairperson. Special meetings may be held as determined by the committee's chairperson or a majority of the committee's voting members, but only after a 24-hour notice to all committee members. B. A quorum of the committee shall consist of a majority of voting committee members then appointed and serving. 2 CITY OF BISBEE AZ 520 432 6069 08/06/08 12:SSpm P. 004 Ordinance 0-03-10 C. Written .minutes of all committee meetings shall be prepared. All committee meetings shall also be .recorded on audiotape. 4.6.7. Powers and Duties Generally of the Committee The committee shall have the following powers and duties: A. The committee shall establish, with the approval of the Mayor and City Council, such written rules and procedures as it deems necessary for the faithful performance of its duties as expressed in this article; provided, however, such rules do not conflict with applicable laws, ordinances or the City's Charter. B. The committee shall advise and consult, through its chairperson, with the City Manager as to the items or matters to be included on any committee agenda prior to the preparation and distribution of the agenda. C. The affirmative vote of a majority of voting members of the committee present shall be required for passage of any matter or recommendation of the committee. D. The committee shall review and approve the official minutes of all committee meetings. E. The committee shall identify public safety, law enforcement, fire prevention and emergency service issues that are of concern to the community, or a particular segment of the community, and provide recommendations to the Mayor and City Council or the City Manager, as the case may be, regarding how those issues should be addressed. The issues the committee should consider addressing include, but are not limited to: • Excessive force concerns; • Slow response times; • Community communications and relations; • Improving ethnic and gender diversity through recruitment; • Enforcement activities or programs; • Criminal activity in specific areas or City wide; • Particular fire safety issues for commercial and residential properties; • Emergency service concerns and needs, • Traffic violations concerns; • Juvenile crime or juvenile activities; • Crime in and around schools; • Equipment needs; and • Staffing needs 3 CITY OF BISBEE AZ S20 4S2 606s oe/06/03 12:sspm P. 00S Ordinance 0-03-10 F. The committee will work through the City Manager to promote and encourage community policing and community fire prevention policies that: • Reflect a concern for the overall well-being of the community; • Seek to address underlying causes and problems; • Deal with the combination of physical and social issues that are at the heart of many community problems; • Require active involvement by community residents; • Require partnerships and involvement sometimes beyond law enforcement and fire prevention to be effective; and • Establish a strong relationship between the Police and Fire Departments and the community based on trust, assistance and mutual respect. G. The committee shall promote communication between the Police and Fire Departments and the community by encouraging citizens from all segments of the community to present their views, concerns and complaints about crime and law enforcement, as well as fire prevention and emergency services issues within Bisbee. In pursuit of this objective, the committee shall actively seek out the views and concerns of citizens from the many racial. ethnic, cultural, socio- economic and minority groups that make up Bisbee's diverse community. H. The committee may allow citizens to express complaints regarding allegations of specific instances of police or fire fighter misconduct. The committee. however, is not an investigative body; nor shall it consider individual personnel issues. The committee shall advise the complainant of the .Police Department's or Fire Department's procedure, as the case may be, for handling such complaints, provide information about how a formal complaint can be filed and refer the matter to the City Manager for his review. The City Manager shall make an immediate inquiry regarding any such complaint and report to the committee regarding his inquiry and recommendations, if any. If the complainant is dissatisfied with the City Manager's report. or if the complaint raises an issue o l' general concern to the community or a segment of the community, the committee may set the issue on its agenda for a later meeting at which it may consider the issue, including holding a public hearing, and offer its recommendations, if any, to the Mayor and City Council regarding the issue. I. The committee shall submit an annual report each July to the Mayor and City Council regarding the activities of the committee. At the committee's request, the City Manager shall prepare the annual report on behalf of the committee for the committee's adoption. The report shall include a summary of the issues reviewed by the committee, any recommendations made by the committee and any actions the Police and Fire Departments have taken as a result of those recommendations. The City Manager shall also provide the Mayor and Council with copies of all committee minutes. In addition, from time 4 CITY OF BISBEE AZ SZO 432 BOSS 08/06/03 12:39pm P. oes Ordinance 0-03-10 11%. to time, the committee may request the opportunity to address the Mayor and City Council at regularly scheduled Council meetings regarding crime or law enforcement or fire prevention or emergency service issues." Section 2. All ordinances, parts of ordinances, resolutions and parts of resolutions in conflict with provisions of this Ordinance, or any part hereof, if any, are repealed. Section 3. If any section, subsection or portion of this Ordinance is for any reason held to be invalid or unenforceable by the decision of any court of competent, jurisdiction, such decision shall not elTect the validity or enforceability of the remaining portions hereof. PASSED, APPRO7D, AND ADOPTED by the lv[avor and Council of the City of Bisbee, this '74, day of 2003. APPROVED: Dan Beauchamp, Mayor ATTEST: Helen J. Lehr, City Clerk APPROVED AS TO FORM: 7 r Gerald H. Grask. City Al.torney cli< . s ORDINANCE NO. 3135 AN ORDINANCE OF THE CITY OF CHANDLER, CITY OF CHANDLER, ARIZONA, AMENDING CHAPTER 10, CHANDLER CITY CODE ESTABLISHING A CHANDLER CITIZEN'S PANEL FOR REVIEW OF POLICE COMPLAINTS AND USE OF FORCE, AND PRESCRIBING ITS MEMBERSHIP, POWERS AND DUTIES. BE IT ORDAINED by the City Council of the City of Chandler, Arizona, that Chapter 10 of the Chandler City Code is hereby amended by adding Section 11 to read as follows: Section 10-11. Chandler Citizens' Panel for Review of Police Complaints and Use of Force. 10-11.1 Established. (a) There is hereby established a Chandler citizens' panel for review of police complaints and use of force ("panel") to be composed of fifteen (15) citizen members and six (6) police department members, three (3) of which will be alternates. (b) When functioning as a review sub -panel as described in Sec. 10- 11.4, each sub -panel shall consist of five (5) citizen members and three (3) police department members. The citizen members and chairperson of each sub -panel shall be selected by the City Manager. (c) This panel shall act in an advisory capacity to the Chief of Police. 10-11.2 Annointment of Citizen Members; Terms of Office. (a) The (15) members of the panel shall be selected from residents of the city and appointed by the Mayor, subject to approval of the Council. (b) The term of office of citizen members shall be for three (3) years, except for the initial citizen members of the panel. Such terms shall be staggered so that the term of no more than five (5) citizen members shall conclude in any given year. (c) A vacancy during a term in office shall be filled for the remainder of the unexpired term in the same manner as the original appointment. (d) Citizens who are selected for appointment shall have no felony convictions or convictions for misdemeanors involving moral turpitude. A criminal history records check of each citizen 13172 Ordinance No. 3135 Page 2 of 5 ;%W selected for appointment shall be conducted prior to appointment. Each appointed citizen member shall have completed the Chandler Police Department's Citizens' Academy or complete the Academy within one (1) year of their appointment. (e) Citizen members of the panel shall receive no compensation for their services as panel members. 10-11.3 Police Department Members Designated. (a) The Chief of Police shall select six (6) police department employees, three (3) of whom are alternates, to serve as members of the panel. (b) The three (3) police members shall consist of one (1) Division Commander, who shall serve for an indefinite term, one (1) first line supervisor, and one (1) line officer, both of whom shall serve for a two year term. Alternates shall consist of (1) Division Commander, who shall serve for an indefinite term, one (1) first line supervisor, and one (1) line officer, both of whom shall serve for a two year term. Alternates may serve on the panel only in the absence of their counterpart. I.. (c) The appointed Division Commander shall serve, in addition to his or her duties as a panel or sub -panel member, coordinate the mailings, meeting rooms and staffing required in order to conduct meetings of the panel and sub -panels. 10.11-4 Powers and Duties. The Chandler Citizen's Panel for Review of Police Complaints and Use of Force shall have the following powers and duties: (a) To establish such rules and regulations as it deems necessary for its government and for the faithful performance of its duties; to set a time for meetings which shall be held as needed if there is business to transact; to establish the manner in which special meetings shall be held and the notice to be given thereof; and to provide that eight (8) citizen members and three (3) police members shall constitute a quorum. (b) To require attendance of the members at regular meetings and to provide that absence from three (3) consecutive regular meetings without consent of the panel shall be deemed to constitute the resignation of such member and such position shall thereupon be deemed vacant. 13172 Ordinance No. 3135 Page 3 of 5 (c) To meet in sub -panels selected by the City Manager and conduct a review of the record of the following: (1) All police shootings and police incidents when direct physical force by the police results in serious physical injury or death. Serious physical injury shall mean that as defined in A.R.S. § 13-105.34. (2) The findings of the Police Department's investigation of unsustained, unfounded, or exonerated citizen complaints, when that citizen requests a review of the Police Department's findings. A request for review must be made within thirty (30) days from the date the citizen is notified of the findings of the Police Department investigation. (3) Any Police Department incident, at the request of the Chief of Police. (d) After a review of the record, each review panel shall make one of the following recommendations in a report to the Chief of Police: (1) Agree with the findings of the Police Department investigation. (2) Disagree with the findings of the Police Department investigation. (3) Recommend to the Chief of Police that further investigation is warranted. (4) Upon review of a use of police force incident, the review panel shall make a further recommendation as to whether the use of police force was within Police Department policy. The recommendation shall be made within six (6) months of receiving the police department report pertaining to a complaint. The panel may extend the period for making a recommendation for up to one (1) year upon a majority vote of the panel. (e) The panel may make recommendations to the Chief of Police concerning training programs, revisions of policies or procedures, commendable actions, preventive or corrective measures except for employee discipline and community concerns regarding police action and procedures. 13172 Ordinance No. 3135 Page 4 of 5 (f) Three (3) citizen members and two (2) police members shall constitute a quorum for a sub -panel. (g) The meetings of the sub -panels dealing with confidential personnel matters shall be executive sessions and shall be subject to the confidentiality of A.R.S. § 38-431.03. (h) The panel shall make a report each July to the Chandler City Council of the number of reviews they have conducted and the recommendations they have made during the past year. 10-11.5 Review with the City Manager. The Chief of Police shall review the recommendations of the Review Panel and sub -panels with the City Manager every quarter. The Chief may review recommendations with the City Manager more often, if he deems it necessary or for the good of the City or the Police Department to do so. INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler, Arizona, this 11 day of PI", 2000. CITY CLEW MA PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this,_ S day of u 32000. CITY CLERI; 13172 Ordinance No. 3135 Page 5 of 5 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 3135 was duly passed and adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the =� day of 2000, and that a quorum was present thereat. APPROVED AS TO FORM: ATTORNEYCITY PUBLISHED: 13172 el? P02 AUG oe '03 14:19 ORDINANCE NO. 2041 AN ORDINANCE OF THE COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA, ESTABLISHING A POLICE ADVISORY BOARD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA, as follows: Section 1. Establishment There is hereby established a Police Advisory Board. The board shall be composed of seven (7) members appointed by the Mayor and approved by the Council. Section 2. Selection of Board Members In recruiting and selecting members of the board, the Mayor and Council shall seek to reflect the diversity of our City's population in order that the Police Department may receive input from a broad spectrum of interests, views and concerns. In pursuit of that objective, the Mayor and Council should seek board members from different personal, professional, ethnic and cultural backgrounds as well as from different geographic areas in the City. Section 3. Term of Office The members appointed to the board shall serve staggered terms. Three of the initial board members, as determined by lot, shall serve a one (1) year term. The remaining initial board members shall serve a two (2) year term. Thereafter, the term of office for a board member shall be two (2) years. The Mayor and City Council shall fill a vacancy during a term in office for the remainder of the term in the same manner as the original appointment. Absence from three consecutive regularly scheduled meetings by any member of the board. shall be deemed to constitute the resignation of the member. Section 4. Officers The board shall nominate and elect a chairperson to serve for a one-year term. Section 5. Staff Representative The Chief or his designee shall serve as the staff representative to the board. Section 6. Meetines A. Regular board meetings shall be held no less than on a quarterly basis, the second Thursday of each calendar quarter, at 7:00 p.m. or more frequently for cause. Special meetings will require a 24-hour notice. B. A quorum shall consist of four (4) board members. C. All meetings will be recorded on audiotape. 917 P03 AUG 08 '03 14:19 Section 7. Powers and Duties Generally The Police Advisory Board shall have the following powers and duties: A. The board shall establish, with the written approval of the Mayor and Council, such rules as it deems necessary for the faithful performance of its duties, provided such rules do not conflict with applicable laws. 13. The board shall advise and consult, through the chairperson, with the Chief of Police as to the items to be included on the meeting agenda prior to preparation and distribution of the agenda by the Chief of Police. C. The affirmative vote of four (4) members shall be required for passage of any matter before the board. D. The board shall review and approve the official minutes of all board meetings, as prepared by a staff representative of the police department, prior to transmittal to the City Council. E. The board shall identify public safety and law enforcement issues that are of concern to the community or a segment of the community and provide recommendations to the department regarding how those issues should be addressed. Among the issues the board should consider addressing are the following: „�,, • Excessive force concerns; • Racial profiling concerns; • Community I police communications and relations; • Improving ethnic and gender diversity in the department through recruitment; • Enforcement activities or programs; • Criminal activity in specific areas or city wide; • Traffic violations concerns; • Juvenile crime and juvenile activities; and • Crime in or around schools F. The board will work with the department to promote and encourage a community policing approach to law enforcement that: • Reflects a concem for the overall well-being of the community; • Seeks to address underlying causes and problems; • Deals with the combination of physical and social issues that are at the heart of many community problems; • Requires active involvement by community residents; • Requires partnerships and involvement sometimes beyond law enforcement to be effective; and • Establishes a strong relationship between the Department and the `" "" community based on trust and mutual respect. B17 PO4 AUG Oe '03 14:20 G. The board shall promote communication between the department and the community by encouraging citizens from all segments of the community to present their views, concerns and complaints about crime and law enforcement issues in our city. In pursuit of this objective, the board shall actively seek out and consider the views and concerns of citizens from the many racial, ethnic, cultural, socio-economic and minority groups that make up our diverse community. H. The board may allow citizens to express complaints regarding allegations of specific instances of police misconduct. The board shall advise the complainant of the Police Department's procedure for handling such complaints and provide information about how the complaint can be filed. If the complaint raises an issue of general concern to the community or a segment of the community, the board may set the issue on the agenda for a later meeting at which it may consider the issue and offer its recommendations to the department regarding how it should be addressed. I. The board shall submit an annual report each July to the Mayor and Council regarding the activities of the board. At the board's request, the Chief shall prepare the annual report on behalf of the board for the board's adoption. The report shall include a summary of the issues reviewed by the board, any recommendations made by the board and any actions the department has taken as a result of those recommendations. In addition, from time to time, the board may request the opportunity to address the Mayor and Council at a regularly scheduled Council meeting regarding crime or law enforcement issues. PASSED AND ADOPTED by the Mayor and Council of the City of Casa Grande, Arizona, this 2nd day ofu7anuazy 2001. ATTEST: ) APPROVED AS TO FORM: • j City Clerk Assistant Attley RESOLUTION NO. 2003-16 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, RELATING TO CONSOLIDATION OF LAW ENFORCEMENT SERVICES. WHEREAS, the current two -agency law enforcement system involving both the Sheriff's Department and the Marshal's Department is an expensive duplication of services that would be a questionable financial burden on taxpayers in good fiscal times and is an intolerable burden upon them in these difficult fiscal times; and WHEREAS, the existence of two law enforcement agencies in the same Town has created great controversy within the Town, which has divided the people and hindered law enforcement operations; and . WHEREAS, the additional funds spent on dual agency law enforcement could be better spent on other necessary services, especially for our seniors and youth, or on tax cuts for our residents; and WHEREAS, the Maricopa County Sheriff's Department has provided quality law enforcement services to the people of Fountain Hills for over a quarter of a century; and WHEREAS, a thorough and complete review of law enforcement services in Fountain Hills by a professional and reputable management consulting firm commissioned by the Town recently advised the Town to transfer almost all law enforcement services to the Sheriffs Department; and WHEREAS, the taxpayers of Fountain Hills can save anywhere from one half million to three quarters of a million dollars per year by making the Sheriff s Department our sole police agency; and WHEREAS, the taxpayers of Fountain Hills can additionally save potentially hundreds of thousands of dollars in police overtime costs for high profile investigation cases by making the Sheriffs Department our sole police agency because unlimited detective overtime is already built into its contract; and WHEREAS, the Marshal's Department is currently at an extremely low staffing level due to recent resignations, thus making this an opportune time to switch to the Sheriffs Department with minimal negative impact on staff, and WHEREAS, other police agencies are hiring police officers, including the Sheriffs department that has reached out to our Marshal's Deputies, which will provide currently employed Marshal's Deputies with potential alternative police employment opportunities; and 9196 00h..\2003-16 Law enforcement consolidationres doc 4.4-03.2 Im WHEREAS, the constant uncertainty and apprehension among both Sheriffs Department and Marshal's Department personnel caused by either group not knowing their career futures in Fountain Hills is unfair to them and their families, and WHEREAS, the Town cannot bear the extraordinary startup costs of its own police department now or in the foreseeable future. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the Town Council of the Town of Fountain Hills (the "Town Council") hereby directs the Town Manager to immediately begin taking all necessary steps to change the delivery of law enforcement services in Fountain Hills from its present expensive, inefficient and controversial dual agency model to a single agency model with said services being provided by the Maricopa County Sheriffs Department with the start of the coming fiscal year being the target date for such transition. SECTION 2. That the Town Council further directs the Town Manager to cause local code enforcement and animal control duties to be transferred to less expensive civilian Town employees. SECTION 3. That such changes be made subject to any legal limitations imposed upon the Town by the U.S. Department of Justice due to past acceptance of grants, but that all efforts be made by the Town Manager and Town Attorney to release or minimize the Town from said grant limitations as soon as possible and to transfer any remaining grant staffing responsibilities to Sheriffs Department personnel. SECTION 4. That the Town Manager is hereby authorized and directed to take all steps necessary to provide the Town Council with an outline of his research and recommendation on the position of Town Marshal/Public Safety/Emergency Preparedness Director during the 2003- 04 budget process. SECTION 5. That the Town Manager is hereby authorized and directed to take all steps necessary to provide the Town Council with a plan for formation of a citizens Public Safety Commission. SECTION 6. That the Town Manager is hereby authorized and directed to take all steps necessary to pursue intergovernmental agreements with neighboring communities to enhance the Town's emergency preparedness and public safety contingency plans. 9196.00IL003-16 Law enforcement consolidation. res.doc 4-4.03-? [SIGNATURES ON FOLLOWING PAGE] 2 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills. Arizona, April 3, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: 9196 001\2003-I6 Law enforcement consolidation res.doc 4-4-03-2 3 APPROVED AS TO FORM: ak -0, 1 Andrew J. McGuire, Town Attorney o � � a off. 6 4 ' 8sc �ve� • mat is Emergency Management Coordinator JOB OBJECTIVES To serve as the Town's liaison on emergency preparedness issues, coordinating training programs and emergency operations drills, and assisting departments with their emergency and mitigation plans, response and recovery activities. Assist in evaluating emergency service contracts. SUPERVISION RECEIVED The Emergency Management Coordinator reports to the Town. Manager and works only under the most general supervision. Work is evaluated primarily on the basis of results achieved. ESSENTIAL DUTIES AND RESPONSIBILITIES • Manages the daily activities and coordination of Town's emergency management program and services. • Reviews the Town of Fountain Hills emergency plans to identify and resolve hazards and potential shortfalls in preparedness for community emergencies. • Provides or coordinates training and instruction in disaster preparedness, emergency operations and procedures with State and regional emergency management programs, orientations, drills and exercises. • Serves as liaison to state emergency management agency (ADEM) and Maricopa County Emergency Management. • Administers the Emergency Management Program budget, supplies, grants and reporting compliance requirements. • Coordinates the response and recovery activities of departments, organizations and agencies involved in disasters. • Establishes, implements and evaluates operational emergency response systems such as alerting the public, recalling personnel, managing resources and cost recovery. 8/8/2003 - t - • Responsible for ensuring that all emergency management documents, manuals, plans and recall lists are up to date. • Identifies resources and/or agencies available to the Town of Fountain Hills in the event of an emergency. The resources should include, but are not limited to, other agencies, available equipment and manpower. • Initiates, develops and delivers public outreach and awareness campaigns, public service announcements and media releases for emergency and non -emergency information. • Develops marketing materials, pamphlets, brochures and instruction manuals on emergency awareness, preparedness and safety procedures. • Responsible for investigations of all liquor, alarm and peddler licenses as required by the state, county and Town. Prepares written reports with recommendations on all investigations. • Reviews liquor license applications. • Acts as liaison with law enforcement and fire departments, focusing on contract, negotiation and developing accountability measurements. 1 • Assists in reviewing, evaluating and negotiating contracts for emergency services (police, firw fire, medical, and animal control). • Writes memos, Town Council reports, damage reports, and other administrative reports. • Point person for homeland security issues. • Resolves routine problems encountered in performance of work assignments. • Performs other related duties as assigned. KNOWLEDGE, SHILLS, ABILITIES Knowledge of: • Federal, State, regional, County and Town emergency operations plans and management laws, statutes, rules, regulations, guidelines practices and procedures; • Education and training methods and practices; • Emergency management program development, administration and management; • Geographical layout of local and regional area; 8/8/2003 - 2 - • Computer hardware, software and peripherals; • Customer service and public relations practices and procedures Ability to: • Communicate effectively in oral and written form; • Develop and present public awareness education and training; • Identify emergency hazards and develop a variety of resolutions; • Administer and coordinate resources for emergency management; • Research, analyze and interpret cost recovery regulations; • Determine long range planning; Y Establish and maintain effective working relationships with others. • Work independently. Skill in: • Use of computers, databases, and software. MINIMUM QUALIFICATIONS: An Associate's Degree in Emergency Management or related field; five (5) years emergency planning and disaster operations experience; or any equivalent combination of experience, education and training which provides the knowledge, skills and ability to perform these duties. ADDITIONAL REQUIREMENTS An employee in this class is required to live within fifteen (15) miles of the Town limits, and within the United States. Physical Requirements: Involves extended workdays outside the regular working hours to respond, manage and investigate emergency response incidents. Requires data entry, lifting, carrying, and transporting equipment weighing up to 50 pounds. Vision and hearing is required to perform essential functions. 8/8/2003 - 3 - N Work Environment: Work is performed in office and field environments. May involve potential exposure to extreme weather conditions, extreme heat, hazardous chemicals and materials, emergency disaster situations, body fluids, infectious diseases and air and water borne pathogens when responding to and managing emergency situations. Requires the safe use of a Town vehicle on Town business. License or Certificate: Must possess a valid Arizona Driver's License. Certified Emergency Manager (CEM) is preferred. FLSA Status: Exempt 8/8/2003 -4-