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Public Safety Committee

Regular Meeting

Albany, NY · May 24, 2023

AgendaMinutes

Minutes

ALBANY COMMON COUNCIL PUBLIC SAFETY COMMITTEE MINUTES Thomas Hoey, Chair Meeting called by: Thomas Hoey, Chair Date: May 24, 2023 Time: 5:32PM Committee Members Present: Hoey, Chair ☒ | Flynn ☐ | Frederick ☒ | Balarin ☒ | Kimbrough ☒ Council Members Present: Farrell, Love, Robinson, Romero, and Anane City Personnel Present: Danielle Gillespie, Brett Williams, Jake Eisland, and Bryan Jimenez Minutes Agenda Item:  ORDINANCE 5.21.23 AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIMPLIFYING THE ENFORCEMENT GUIDELINES FOR LOITERING  Discussion on violence in the City of Albany Speaker(s):  Police Chief Eric Hawkins  Deputy Chief Anthony Battuello  Deputy Chief Vincent Foley Discussion  The Chair called the meeting to order.  Council Member Hoey asked Chief Hawkins to discuss gun violence and what steps Common Council can take to assist in reducing it.  Chief Hawkins discussed staffing shortages in the Albany Police Department, recalled increase in gun violence nationwide since the start of the pandemic, discussed the plan submitted to the New York State Division of Criminal Justice Services for the Gun Involved Violence Elimination (GIVE) Initiative and changes to it.  Council Member Balarin asked about the motivations behind gun violence.  Chief Hawkins responded by discussing several motivations, including those of a domestic nature, long- standing feuds, and others.  Deputy Chief Foley discussed the difficulty of gathering information and charging suspects without witnesses or victims when responding to gun violence.  Council Member Balarin asked a clarifying question and Deputy Chief Foley responded.  Council Member Frederick asked a question regarding the statistics of prior legal versus illegal possession of guns recovered from crime.  Deputy Chief Foley clarified how the Albany Police Department catalogues recovered gun legality.  Council Member Frederick asked a question regarding how the Albany Police Department is addressing crime hotspots in the city with regards to the plans in place.  Chief Hawkins responded, discussing the department meeting three times a week to review crime trends as well as meeting once a week with partners in the criminal justice system. Deputy Chief Foley elaborated on operational details and how the process has changed from past procedures.  Council Member Kimbrough asked questions about actions taken by the Albany Police Department that did not involve enforcement.  Chief Hawkins discussed working with neighborhood stakeholders, investing in police programs, coordinating with the Sheriff’s department, and securing equipment upgrades. Deputy Chief Foley elaborated further.  Council Member Robinson asked a clarifying question about what qualifies as domestic-related violence for the Albany Police Department.  Chief Hawkins answered, Deputy Chief Foley expanded on procedure.  Council Member Robinson asked a question about police partnerships in monitoring hotspots, to which Chief Hawkins responded and Deputy Chief Foley elaborated.  Council Member Farrell asked a clarifying question about Part 1 and Part 2 crimes, to which Chief Hawkins responded and Deputy Chief Foley elaborated.  Council Member Farrell asked if the Albany Police Department could provide statistics for additional crimes than already provided. Chief Hawkins responded.  Council Member Romero asked to what capacity the Albany Police Department cooperates with Federal authorities and the District Attorney’s office to further investigate where guns recovered originated from.  Deputy Chief Foley discussed the procedure for gun intake and the department’s interactions with various authorities as well as partnerships with organizations for uncovering additional information.  Council Member Romero asked about shooting victim cooperation with police, to which Deputy Chief Foley responded.  Council Member Anane asked a question about the staffing shortage in the Albany Police Department, to which Deputy Chief Battuello responded.  Council Member Anane asked a question about rapid communication of police response to council members, to which Deputy Chief Battuello responded.  Council Member Anane commented on a procedure within the Albany Police Department, which Chief Hawkins clarified.  Council Member Anane asked a question about what legislation may be of use to the Albany Police Department in its activities, to which Chief Hawkins responded.  Council Member Hoey asked a specific question about staffing in the department, to which Deputy Chief Battuello responded.  Council Member Hoey asked if Chief Hawkins has had a chance to review Ordinance 5.21.23 introduced by Council Member Anane. Chief Hawkins responded that they want to refer it to Corporation Counsel.  Council Member Hoey asked for an opinion on upcoming state legislation and how it may be beneficial to the Albany Police Department, to which Chief Hawkins responded.  Council Member Hoey asked a question regarding the use, sale, and transportation of bullets involved in gun violence, to which Deputy Chief Foley responded.  Council Member Farrell requested clarification on the status of Ordinance 5.21.23, to which Council Member Hoey responded. The ordinance is to be held until additional feedback received.  Corporation Counsel Brett Williams provided additional information on the ordinance, to which Council Member Hoey affirmed that the ordinance would be held. Public Comment: No public comments were made. Adjourn: The Chairperson asked for a motion to adjourn, which was duly made, seconded, and passed at 6:48PM. Respectfully Submitted, Bryan Jimenez Legislative Aide to Common Council

Agenda

COMMON COUNCIL MEETING Public Safety Thomas Hoey, Chair DATE: WEDNESDAY, MAY 24 2023 LOCATION: City of Albany Common Council Chambers, 2 nd Floor TIME: 5:30 PM PUBLIC COMMENT PERIOD: YES TOPICS OF DISCUSSION:  ORDINANCE 5.21.23 AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIMPLIFYING THE ENFORCEMENT GUIDELINES FOR LOITERING  Discussion on violence in the City of Albany Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Anane introduced the following: ORDINANCE 5.21.23 AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIMPLIFYING THE ENFORCEMENT GUIDELINES FOR LOITERING The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 255-3 (Enforcement Guidelines) of Article I (Loitering; Disturbances; Defacing of Property) of Chapter 255 (Peace and Good Order) of Part II (General Legislation) of the Code of the City of Albany is hereby to read as follows: § 255-3 Enforcement Guidelines A. Probable cause. Probable cause to charge or arrest any person for a violation of this article shall arise only when the law enforcement officer personally has observed either the commission by such person of some definable impermissible or illegal act as set forth hereinabove. B. Failure to explain presence. The failure of any person to offer an explanation of his or her purpose in being at a particular place shall not, in and of itself, constitute a violation of this article. Section 2. This ordinance shall take effect immediately. Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Jake Eisland, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: January 24, 2023 Sponsor: Council Member Anane ORDINANCE 5.21.23 TITLE AN ORDINANCE AMENDING ARTICLE I (LOITERING; DISTURBANCES; DEFACING PROPERTY) OF CHAPTER 255 (PEACE AND GOOD ORDER) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO SIMPLIFYING THE ENFORCEMENT GUIDELINES FOR LOITERING GENERAL PURPOSE OF LEGISLATION The purpose of this legislation is to permit enforcement of Albany’s loitering laws when there is recorded evidence that a suspect has been in violation of the law. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW The recent rise in crime has left citizens feeling less safe than before. Loitering individuals can be harmful to local businesses, deterring prospective customers, particularly when those individuals are engaging in other criminal activity. The current loitering law requires an officer to “personally observe the commission of a criminal or impermissible act. This leaves the police unable to protect businesses if, for instance, the loitering individual is no longer performing the illegal act when the officer arrives. This ordinance would empower the police to better protect local businesses and restore those businesses faith in the police, since they would be better able to enforce our laws. FISCAL IMPACT(S) None. Matter in strikethrough to be deleted. Matter underlined is new material.

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