BOARD OF COMMISSIONERS'
September 12, 2001
Commissioners' Conference Room
Commissioner Anna Morrison presided with Commissioners Bill Dwyer, Bobby Green, Sr. and Peter Sorenson present. Cindy Weeldreyer was excused. Acting County Administrator David Suchart, Assistant County Counsel Marc Kardell and Recording Secretary Melissa Zimmer were also present.
10. PUBLIC HEARINGS
a. SECOND READING AND PUBLIC HEARING/Ordinance No. 3-01/In the Matter of Amending Chapter 6 of Lane Code to Add Provisions Pertaining to Interference with Official Duties, Providing False Information and False Swearing.
Todd Winter, Parks, reported the last time they were before the Board, Sorenson requested a random survey of other county park rangers to find out what their level of authority was as it pertained to failure to identify and the problems they were having. He noted of the 13 counties he spoke with, not many park rangers have citation authority. He said that Lane County developed the program further than most counties in Oregon. He said they wanted to add interference with official duties, failure to identify, false information, non-payment of fees, dog waste matter and exclusions.
Sorenson asked about the failure to identify and the problem it was attempting to deal with.
Winter responded if someone was parked illegally, or a vehicle was off the roadway or speeding, they could capture the vehicle license number, run it through the DMV for the driver information and then send it through registered mail to the address. He said occasionally they would have a dog off the leash.
With regard to failure to identify, Sorenson asked if they could give the person the choice of a warning or a citation. He was looking for an alternative so people wouldnít have to carry identification.
Winter noted they had a strong customer service approach and donít immediately issue a citation. He added these were second or third offenses when they issue citations and ask for identification.
Sorenson said he didnít understand the use of ď. . . Shall refuse to disclose that personís identity.Ē
Winter stated failure to identify didnít mean that someone didnít have a driverís license.
Sorenson asked what would happen if they were unable to show anything other than their name.
Winter said he would take the name and information and issue the citation that way.
Dwyer said they need a tool for people who defy authority because there is nothing on the books that gives them the authority to act. He noted park rangers donít carry weapons and are not policemen. He said they need to empower the people that work there.
Sorenson asked if the Parks Advisory Committee looked at this.
Winter said they had endorsed all of this information and asked him to move forward.
Winter noted on occasion they have had someone who committed a serious offense (vandalism and other acts).
Dwyer asked if there was an appeal process.
Winter responded that within five days they go before the Lane County Justice Court and could appeal to the judge.
Regarding exclusion process, Dwyer recommended rather than relying on default, he wanted the citation to explain the exclusion policy, stating exclusion from the public park may be appealed and the process for the appeal.
Winter noted they could write on the citation that they may appeal within five days. He could inform his officers about it. He explained they issue Oregon uniform citation and complaints and that would be the device he would deliver the exclusion on. He would include Lane Code. He said if they didnít show up within five days, they would be automatically guilty and the judge would allow the exclusion automatically.
Sorenson asked how they could straighten out the use of the uniform citation as a device for issuing an exclusion.
Kardell wanted direction to work with Park staff to craft a separate exclusion notice. He said the exclusion is based on violations. He said if they were going to do an exclusion, there is no place on the form other than placing it into the "other" category, as Winter suggested. He said in order to set it out more clearly (since there would be separate rights to a hearing) it would be within five days. He wanted to work together on an order.
Green didnít want to set this up for failure.
Dwyer wanted to make sure the exclusion is easy to understand and for a defined time. He said different offenses have to be at different levels of exclusion and they need to develop exclusion based upon the offense. He said they have to work with counsel to develop that and bring it back to the Board.
Kardell noted the exclusion under 6.590 (proposed with this order), would be for a Class D violation of up to seven days, and it goes up to four months for a Class A violation.
Sorenson asked if the exclusion order could explain that they are excluded immediately and they have the right to contest that when and if they request a hearing to contest their citation.
Kardell noted there had been some First Amendment case law about giving people quick hearings for associative rights.
Winter stated he had spoken with the courts regarding the process for the exclusions and there wouldnít be a problem with a violation accompanied by an exclusion. He noted in that instance, they would allow both violation and exclusion to be heard within a five-day period.
Commissioner Morrison opened up the Public Hearing. There being no one signed up to speak, she closed the Public Hearing.
MOTION: to approve Ordinance No. 3-01.
Dwyer MOVED, Green SECONDED.
Sorenson stated the motion should be to approve the Ordinance except for the exclusion portion.
Kardell said the direction to him regarding exclusions was to see if the Courts could accommodate someone who might have the violation matter heard at the same time as the exclusion within five days.
Sorenson suggested working out a process where the park employee could issue the citation for the same date as the exclusion hearing or the deadline, to request a hearing.
Dwyer amended his motion to deal with the exclusions separately.
Morrison reiterated that the motion was to go forward with the recommendations with the exception of the exclusion. Kardell will work with staff to bring back the notice of the five days, the court hearings and the option being up to the defendant, giving them the choice to proceed in five and/or thirty days.
Sorenson asked if there was any reference to the exclusion provision in the rest of the proposed ordinance. He asked if they would have to give notice of an additional public hearing on the exclusion ordinance if they approve the ordinance today.
Kardell said they could continue this hearing in order to resolve the exclusion portion.
Dwyer said they have to adopt this portion of the ordinance and then give notice of a new ordinance on exclusions and what it encompasses.
Winter asked if they wanted Parks to develop a new citation form.
Morrison noted the citation would come back with the exclusion piece.
Kardell said if the Board wanted to pass this with the removal of 6.590 exclusion provisions, they could present that as they change the document.
ROLL CALL VOTE: 4-0.
11. COMMISSIONERS' ANNOUNCEMENTS
Morrison announced that the Eugene Celebration parade would be going forward.
There being no further business, Commissioner Morrison adjourned the meeting at 2:20 p.m.
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