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HomeMy WebLinkAbout04/05/2011 04B4a City Properties Community Service Possibilities Report BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 410 Item No. .1-P3 " L a For Meeting of: April 5, 2011 ITEM TITLE: Public Safety Committee's Report to the full City Council on Possibilities for Additional Community Service for City Properties SUBMITTED BY: Chris Waarvick, Director of Public Works Cynthia Martinez, Assistant City Attorney CONTACT PERSON/TELEPHONE: Chris Waarvick, Director of Public Works, 575 -6411 Cynthia Martinez, Senior Assistant City Attorney Ken Wilkinson, Parks & Recreation Manager Archie Matthews, ONDS Manager SUMMARY EXPLANATION: The City Council's Public Safety Committee (Kathy Coffey, Chair; Bill Lover, Maureen Adkison, and Rick Ensey - Altemate) requested staff to research the possibilities of bringing additional maintenance and clean -up man -hours to public places. The attached memorandum from Cynthia Martinez, Senior. Assistant City Attomey, describes staffs current understanding of what those possibilities are. Simply, "volunteers" are the most expedient group of individuals to use for activities such as park cleanup. Individuals ordered by the Court to provide community service enjoy the same benefits as volunteers, with respect to insurable coverage, but can have a spotty reliability history. Substituting community service in lieu of paying fines is not favored by the ® Courts at this time, and has similar challenges as community service in lieu of jail time — that being proper supervision and documentation. ONDS is prepared to continue to lead community service crews which may include clean -up activities in parks. Ken Wilkinson, Parks and Recreation Manager, has organized volunteer groups to come in for specific dates and places for clean -up activities throughout the coming year. These volunteer groups are typically church and service club groups. Resolution _ Ordinance Other X (Specify) Legal Memorandum dated 2/18/11 Contract _Mail to (name and address): Funding Source: APPROVED FOR SUBMITTAL: � —� City Manager STAFF RECOMMENDATION: Staff recommends that the City continue to: (1) engage community groups for park clean -up and improvement efforts; (2) use ONDS to lead Community Service Work Programs ordered by the Court, notwithstanding certain reliability challenges; and (3) continue to engage the City and County justice system on the issues of community service in lieu of fines and jail time. BOARD /COMMISSION RECOMMENDATION: Public Safety Committee discussed this matter on March 16, 2011, and recommends forwarding the issue to the full City Council for further deliberation and action. . COUNCIL ACTION: CITY OF YAKIMA LEGAL • DEPARTMENT 200 South Third Sheet, Yakima, Washington 98901 (509)575 -6030 Fax (509)575 -6160 • MEMORANDUM February 18, 2011 • • TO: Kathy Coffey, Chair Public Safety Committee • Maureen Adkison, Public Safety Committee Member • Bill Lover, Public Safety Committee Member • FRO M: Chris Waarvick, Director of Public Works Cynthia Martinez, Assistant City Attorney SUBJECT: Expansion of ONDS Work Crew Program • On January 28, 2011, Chris Waarvick, Ken Wilkinson, and Cynthia Martinez met with Archie Matthews, Operations Supervisor for the Office of Neighborhood Development Services (ONDS) to discuss the possibility of expanding the ONDS Work Crew Program. During this meeting, Archie explained that the ONDS work crew utilizes three categories of manpower: 1. Volunteers - This category includes Church Groups or other civic groups looking for a community service project. He typically tries to organize a large project on a week end day to accommodate these groups. Turn out for this group is unpredictable. 2. People for People program participants — These individuals are paid to work 20 hours per week by the People for People Program with,the goal of learning work skills. .These program participants. are typically reliable and stay for a three month period. However, the number of participants in this . program is limited. 3. Juveniles /Adults ordered by the Court to perform Community Service /Restitution hours - These individuals are the most difficult to supervise and turnout is very unpredictable. • Volunteers for the ONDS program perform a variety of jobs from picking up litter to painting out graffiti. The program can handle 15 people on a daily basis. Archie Matthews indicated that the work crew program could handle a limited expansion • Memorandum • February 18, 2011 Page 2 of the program, including some park clean up event for volunteers and individuals whom the Court allows to work for credit on jail and /or fines. During the meeting, the Parks and Recreation Division in partnership with the ONDS Work Crew planned a 'Park Clean Up Day'. It is tentatively scheduled for Saturday, March 5, 2011. ONDS stated that the Park Clean Up Event could also utilize individuals that need to perform Community Service /Restitution hours as allowed by the Court. Parks Maintenance can provide the park locations, job lists, and some direction for the workers for these' specific clean up days. ONDS may be able to provide the direct supervision of the work crew. The two future dates for park clean ups have not been established but they are hoping to plan another in the summer and the fall. Mr. Mathews indicated that these events take planning, organizing and coordinating, and success largely depends on the weather and the enthusiasm of the group. Council could choose to authorize limited programs utilizing volunteers (category 1, above), such as this one, without further deliberations. These are the issues still outstanding for a program that would allow Defendant's to • work for credit against jail or fines: Costs: Insurance: Most Work Crew programs utilizing individuals who are receiving credit for fines or jail time maintain an insurance policy to cover medical expenses in the event a work crew participant is injured while working. RCW 35.21.209 authorizes cities to purchase liability insurance to cover this situation and also authorizes cities to treat offenders as employees and /or workers under Title 51 RCW (Labor and Industries Insurance). The City is self insured for Labor and Industries purposes. If Council chooses to treat these individuals as employees and /or workers for Labor and Industries purposes, an injured Work crew participant would not only recover for medical expenses, but could also claim lost wages. The City would also have to pay an hourly assessment. On the other hand, the cost to purchase a separate insurance policy to cover medical expenses is considerable. Joel Pierson of Wells Fargo Insurance Services states that such a policy would cost in the neighborhood of $1,050. a month (cost depends on number of work hours). ONDS volunteers are covered by L and 1, however, those working for credit on fines or jail time, would not be considered volunteers, because they are receiving value for the work they perform. The L and I coverage for volunteers limits recovery to medical costs. Fortunately, and to the credit of those supervising this program, there have been no incidents that have led an individual to seek reimbursement for medical expenses from the City. Memorandum February 18, 2011 Page 3 Operating Costs: It costs money to dispose of garbage. Refuse typically pays these • fees. Some clean up operations have costs more than $1,000. in dump fees. Adding more clean up days may translate t� more dump fees. Court Participation: The program would rely on the elected Judges agreeing to allow this sentencing alternative. Presiding Judge Kelley Olwell was receptive to the program as an alternative to jail time, _ but not for fines. We already have electronic home monitoring and day detention as jail alternatives. The Judge also stated that due to staffing shortages in the Court Office, staff can not take on any additional duties. If Council chooses to move forward with an expanded ONDS program, Council members may want to meet with the Judges discuss program and explore participation. As of January, Judge Susan Woodard became the presiding judge. • •