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HomeMy WebLinkAbout08/02/2011 09 Gang Injunction Report BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of August 2, 2011 ITEM TITLE: Report on a gang injunction, and discussion on a possible draft ordinance relating to trespass from City parks SUBMITTED BY: Cynthia I. Martinez, Senior Assistant City Attorney, by Jake Day, Legal Intern CONTACT PERSON /TELEPHONE: Cynthia I. Martinez, (509) 575 -6033 SUMMARY EXPLANATION: The Washington State Legislature has not passed gang legislation providing specific statutory authority for a gang injunction, or language similar to that found in California's anti -gang law. The possibility of obtaining an injunction against gangs in the City has been discussed. While the city is able to do the preparation work for an injunction against Yakima gangs, it is uncertain whether the city would be granted the injunction. Another option that has been discussed is the possibility of an ordinance to trespass people from city parks for committing crimes or infractions in the parks. Such an ordinance would allow authorized personnel the ability to trespass people from the city parks for committing crimes or infractions for a specified period of time. If the Council wishes, staff could present an Ordinance regarding trespass from City parks for consideration at the City Council meeting on August 16, 2011. Resolution Ordinance Contract Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Consideration of a Motion to direct the Legal Department to prepare an Ordinance regarding trespass from City parks for presentation at the City Council business meeting on August 16, 2011. BOARD /COMMISSION RECOMMENDATION: The Public Safety Committee has heard the report and the discussion on a possible °Ordinance regarding trespass from City parks, and requested this matter to be forwarded to the full Council for a report and further discussion. COUNCIL ACTION: • CM! OF YAKIMA O LEGAL DEPARTMENT 200 South Third Street, Yakima, Washington 98901 (509)575 -6060 Fax (509)575 -6160 MEMORANDUM July 26, 2011 TO: Honorable Mayor and Members of the City Council Michael A. Morales, Interim City Manager FROM: Cynthia I. Martinez, Senior Assistant City Attorney, by Jake Day, Legal Intern SUBJECT: Gang Injunction and City Parks Trespass Ordinance Gang Injunction: The Legal Department was asked to look into the possibility of implementing a gang injunction against City of Yakima gangs. These types of injunctions have been moderately successful in California and Utah. The Police Department has a Gang Unit which would be able to provide us with the necessary police input and this is something which the city could prepare. Filing for an injunction would take a great deal of time and preparation. Even after all of the preparation, there is no guarantee the City of Yakima would be granted the injunction. California cities have based their injunction requests off California state gang laws and California Supreme Court decisions. Washington does not have any similar gang laws or court decisions. Instead, the Washington State Legislature has declined to pass any such legislation. Without state legislation on which to base the injunction, obtaining an injunction will be even more difficult. If the city was granted an injunction there would still likely be a protracted legal battle. National organizations have fought against gang injunctions in other states. California cities have either won at the California Supreme Court or later come to negotiated agreements with .these organizations. The gang injunction in place in Utah is currently waiting on a Utah Supreme Court decision to determine its validity. All states that have attempted an injunction have had it appealed. Memo to Honorable Mayor and Members of the City Council July 26, 2011 Page2of2 Park Ordinance: A possible ordinance relating to parks would allow authorized personnel to trespass any person from city parks when they have probable cause to believe that the person has committed a crime or infraction while in a city park. This was suggested by the Gang Unit and would not cost the city anything to implement. If the City Council wishes to consider such a trespass ordinance, we can prepare a final ordinance for your review for the next business meeting. 0 DRAFT 0 ORDINANCE NO.2011- AN ORDINANCE concerning parks and playgrounds; amending Chapter 13.16 of the City of Yakima Municipal Code to add a new section 13.16.146 relating to trespass notifications when there is probable cause to believe a person has committed a crime or infraction while in a City of Yakima park BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. A new section is added to chapter 13.16 of the Yakima Municipal Code to read as follows: Chapter 13.16 RULES AND REGULATIONS 13.16.146 Trespass notifications for city parks In addition to such other penalties as may be imposed by law for the violation of posted rules and regulations or the commission of other offenses in City of Yakima parks, the Yakima Police or the Parks and Recreation Manager are authorized to issue trespass notifications to any person against whom they have probable cause to believe has committed a crime or infraction while in a City of Yakima park. The trespass notification will be valid for 30 to 365 days and will identify the park or parks from which the offender is excluded. Section 2. All remaining sections of chapter 13.16 of the Yakima Municipal Code remain the same, including but not limited to the following sections: 13.16.149 Additional rules and regulations. The parks and recreation commission is authorized to adopt further rules and regulations, consistent with and to administer the provisions of this chapter, affecting the control and use of parks and playgrounds. (Ord. 1184 § 6, 1969). 13.16.150 Penalty for violations. It is unlawful for any person to violate or fail to comply with any rule or regulation provided for in this chapter. Any person convicted of violating or of failing to comply with any rule or regulation provided for in this chapter shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment in the city jail facility for a term not to exceed ninety days or by both such fine and imprisonment. (Ord. 93 -69 § 1, 1993: Ord: 1533 § 7, 1973: Ord. 1184 § 4, 1969: Ord. B -1381 § 2, 1952). Section 3. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of August, 2011. Micah Cawley, Mayor ATTEST: City Clerk Publication Date: Effective Date: 2 YAKIMA POLICE DEPARTMENT INTEROFFICE MEMO DATE: July 21, 2011 TO: Interim City Manager, Michael Morales FROM: Acting Police Chief, Greg Copeland SUBJECT: Safe Streets Task Force (SSTF) Reduction in Personnel In mid-2010, members of the Yakima Police Department, with the approval of the Yakima City Council, began the process of initiating a Safe Streets Task Force effort for . - Yakima. SSTF's are FBI - sponsored investigative groups whose mission is to identify, investigate, and prosecute those individuals most responsible for violent criminal activity in the community. The FBI component within the task force is very important. The presence of the FBI means that federal investigative techniques and access to the federal judicial system are available. Equally important, an SSTF designation means that the local officers assigned to the task force would have overtime costs reimbursed, up to about $17,000.00 a year and would have a vehicle provided. In some cases federal funds provide for office space, computers, and other necessary items as well. ® YPD agreed early on to provide a sergeant and two officers to the effort. The FBI agreed to assign an agent to the SSTF, and WSP agreed to provide a detective as well. YSO and DOC (state probation) also agreed to provide an investigator, but opted to wait until the funding was in hand before moving their officers to the SSTF location. It was our belief that assigning those personnel and beginning operations even before obtaining the Safe Streets designation would demonstrate to the DOJ our level of commitment to the project and improve our chances of obtaining the federal designation. In effect YPD was "all in" from the very beginning. YPD went through a task force member application/selection process and our three selected employees began working to set up the task force office location in October of 2010: YPD created a work space, and through a small Project Safe Neighborhoods grant provided work stations, computers and a small budget for other equipment and some overtime. In January of 2011, they were joined by an FBI agent and by a WSP detective. In the meantime, an SSTF applicatiorihad been submitted and was being considered by DOJ: - All early indications were that Yakima, with our obvious gang problems would be selected for funding. Unfortunately, due to the FBI, US Attorney's Office or the DOJ, the Yakima SSTF project was suspended as were numerous other "pipeline" projects that had not yet received formal approval. It was simply a reflection of the convoluted and 411 uncertain federal budget process. When it was learned that Yakima would not be a new location, the FBI immediately pulled their agent out of the task force. The State Patrol left their detective in place for a while longer, but eventually transferred him to the Violent Crimes Task Force. Our three officers are the last remnants of the originally composed task force. The FBI, despite the federal budget difficulties, would still like to make something happen in Yakima. However, they effectively have their hands tied until there is some clarity to their budget. I spoke to a supervising agent from the Spokane FBI office earlier this week. He said they would still like to do something in Yakima, but later in time and with a different structure than that originally proposed. One possibility they are considering is making Yakima part of a larger Eastern Washington SSTF. The timetable for being able to accomplish that is still uncertain. In the meantime, we at YPD have the 2012 budget process looming and, because of increased jail costs approaching $700,000 this year (these negative impacts will still be present in 2012), we must begin to streamline our operations. YPD lost three positions in the 2011 budget and will suffer further cutbacks in the 2012 budget. For all the reasons stated above, SSTF is the first part of our operation that we feel should be examined for reduction. Our gang Enforcement and Pro -Act teams have already been reduced by fifty percent and cannot absorb further losses. We do not want to completely shut the door on SSTF. We definitely feel it is a concept that could benefit the Yakima area. Unfortunately we need to reduce our manpower commitment from a Sergeant and two officers down to one officer. The officer left in "SSTF" will still be considered our department's contribution to the SSTF effort, but will be moved for organizational purposes to work under the supervision of the YPD Gang Enforcement Team. The Sergeant and the other officer would be transferred back to our Patrol Division. This move would maintain our department's most important division, patrol, while still keeping a "placeholder" if a Yakima SSTF ever comes to fruition. In the meantime, the surviving SSTF officer could assist the Gang Unit and continue to . work the SSTF investigations that are pending at this time. It is possible, because it would cost less, to get one officer designated as an SSTF participant than it would be to get three. We believe, given all the circumstances, these steps are the proper course of action to take.