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Public Safety Committee (Building & Codes, Fire, Police)

Regular Meeting

Clarksville, TN · November 30, 2020

AgendaMinutes

Minutes

PUBLIC SAFETY COⅣ IMITTEE SPECIAL CALLED ⅣIEETING ⅣIINUTES November 30,2020 Via Zoom Mccts Attending: Councilman Jeff Henley, Chairman; Councilman Ron Erb, Councilman Vondell Richmand and Councilman Travis Hollman Absent: Councilwomen Wanda Smith Others Participating: MayorJoe Pilts, Building & Codes Director David Smith, Policc Chicf David Crockarell, Fire Chief Freddie Montgomery, City Attomey Lance Baker, HR Director Will Wyatt, Health and Safety Manager Wes Golden, Intcrnal Audit Director Stephanie Fox, Gina Johnson The meeting was called to order at 4:00 p.m. by Chairman Henley and it was noted there was a quorum present. APPROVAL OF ELECTRONIC MEETING: In order to compl.y with lhe technical aspects ofthe Governor's Executive Ordcr regarding holding open meetings in a forum other than in the open and in public, the Public Safety Commitlee determines that,neeling electronically is necessary to protect lhc heahh, salbty, and welfare of its citizens due to the COVID-|9 outbreak. Councilman Erb made a motion to approve the clectronic meeting. The motion was secondcd by Councilman Richmond. The vote for the motion to conduct this meeting by electronic means was approved unanimously by the Committee. CITY COUNCIL ACTION REQUIRED: l) Ordinance 49-2020-21 Amending the Official Code pertaining to authority of City Security Officers Will Wyatt/Wes Golden Wes Golden. Health and Safety Manager, presented the committee with a copy of the Authority ofSecurity Officers ordinance for the membem and department heads to review. Mr. Golden stated this ordinance authorizes City Security Officers to issue citations for violations on City Property. He said the Security OfEcer are already doing the work. He said the Security Officers are doing health and safety inspections on 355 structures. Mr. Golden said they would be working with the Clarksville Police Departrnent to insure they work together on this issue. He said oncc this Ordinancc is approvcd they will be writing a policy on how and when to write a citation. He gave exanrples of what the citations include. Mr. Golden asked were there any questions. Councilman Erb asked Mr. Golden if the policy was being written after approval from City Council. Mr. Golden replied yes. Councilman Erb stated the importance of thc jurisdiction should bc prccise ofthe Security Officer and CPD. Mr. Golden said yes sir. He stated they will also be working in conjunction with the court system and policc dcpanment in developing the policy and training. Councilman Erb asked if the Security Officers will maintain insurance orwill the city have to provide in covering them in an incident like the city police carry. City Attorney Lance Baker said this was not discussed or looked at on drafting this ordinance. He said Heather Fleming will have more knowledge of that. Mr. Baker said any City employee include the security officers can purchase personal liability insurance themselves. He stated the City has an umbrella policy that would cover thc City for any incidents. Hc said the Security Officer would havc thc same protections as CPD under the Government Tort Liability Act and the Umbrella Act would kick in once the reserve is mct. Councilman Erb said he was looking out to protect the Security Officers and didn't want them rn a situation outside oftheir training. Mr. Baker said City Police Olficers get sued fairly regularly, this does not mean the lawsuit has merit. He said when this happens there is a specific state statute that allows cities to both defend and indemnify there employees. Hc stated that defend means the city will provide expense for a lawyer. Hc said tlpically whcn it involves police or any city employees they want us to represent them because we deal with govemment issues all the time. He said they do have the option of hiring thcir own lawycr or ask to have a lawyer of their own and have the city to pay for it as long as it is reasonable. He said if a judgement is rendered against them the city will pay for it cven if they are sued at a personal or individual capacity. He said we don't the employees second guessing their selves when they are on the job making split second decisions. He said the security officen work for the city so they will have thc same protections as CPD. Councilman Erb stated his concem about the training for the security officer on knowing certain policy's when they would need to call for CPD for certain situations. Mr. Golden said the procedures and training already cxist for the security officers. He said all thc officers go through that type oftraining and are licensed tkough the State ofTennessee. He said part ofthat training covers the specific training and laws on what they can do. councilman Erb said that was good as long as the employee and city was covered. Councilman Henley stated the Executive Session may want chief Crockarell's input on this. councilman Henley asked Mr. Golden if everyhing was ran by chief crockarell and was he ok with it. Mr. Golden stated yes he was and added they wanted to get on the same radio system as CPD. ChiefCrockarell said it is a unique approach but our gro*h and demand ofthe city parks and this will be supportive of what we do on a daily bases. Chief Crockarell said Mr. Golden and his staff of security have helped a lot already. Chief Crockarell said this is something we can grow it to. He said that last week they discussed to get them on the same radio system. He thinks they resolved that. Chief Crockarell said with respect for Councilman Erb's concems, ifthey need back up then they will receive it. He said they want to make sure the security officer have access to the radio system. ChiefCrockarell Said they will be working together. He said with training they will know when to call on CPD for help in a situation. IIe said it is a good program to grow with but it is in its new infancy. He said based on the ordinances that are being looked at to be enforced and the training they have already received plus working together as a tearn to nrake sure they have calms to remain safe. Chief Crockarell asked were there any more questions. Councilman Travis asked about the law regarding alcohol at city parks if it was the same as State parks. Mr. Golden said there are ordinanccs in place regrading no alcohol in city parks. He said there are special events and the gold course that would allow it. Mr. Baker said there is a City Code in place that covers alcohol can or can't be done in City Parks. . After the general discussion. a motion to send this ordinance to the full City Council with a rccommendation ofapproval was made by Councilman Erb; 2"d by Councilman Travis. The vote for lhc motion was unanimous. A motion to adjourn was made by Councilman Richmond, seconded by Councilman Travis, and approvcd by all at 4:20 pm Submitted by Gina Johnson Adopted: laruary 20,2021

Agenda

PUBLIC SAFETY COMMITTEE ​ ​AGENDA DATE: November 30, 2020 TIME: 4:00 p.m. LOCATION: Zoom 1) CALL TO ORDER 2) ATTENDANCE 3) APPROVAL OF ELECTRONIC MEETING “In order to comply with the technical aspects of the Governor’s Executive Order regarding holding open meetings in a forum other than in the open and in public, this governing body determines that meeting electronically is necessary to protect the health, safety, and welfare of its citizens due to the COVID-19 outbreak.” 4) AUTHORITY OF SECURITY OFFICERS 1. ORDINANCE 49-2020-21 ​Amending the Official Code pertaining to authority of City Security Officers ​Will Wyatt/Wes Golden 5) ADJOURNMENT ORDINANCE 49-2020-21 AN ORDINANCE AMENDING THE OFFICIAL CODE, PART II (CODE OF ORDINANCES) PERTAINING TO AUTHORITY OF CITY SECURITY OFFICERS WHEREAS, the City Council finds that the best interests of the City would be served by providing specific authority to City Security Officers to enforce certain provisions of the City Code, to include the issuance of trespass notices, and citations for violations of certain City Code provisions to persons who commit such civil ordinance violations while on City owned property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: (1) That ​City Code​, ​Title 1 (Administration, Officers, and Personnel)​, Chapter 9 (City Court) ​is hereby amended by adding a new ​Section 1-913. Authority of City Security Officers to issue citations for violations of City Ordinances or City Code​ as follows: Section 1-913. Authority of City Security Officers to issue citations for violations of City Ordinances and City Code. City Security Officers appointed by the Mayor and employed by the City shall have authority to issue civil citations to any person(s) who commit any violation of City Code Section 2-401, or Title 10 (Offenses – Miscellaneous), while on City owned property. The City Court shall have jurisdiction to hear and decide such cases, and to impose civil penalties up to and including FIFTY DOLLARS AND ZERO CENTS ($50.00), and any lawfully authorized courts costs or taxes, upon those found to be in violation. (2) That ​City Code​, ​Title 2 (Alcoholic Beverages)​, ​Chapter 4 (Use and Sale of Alcoholic Beverages in City Parks)​, ​Section 2-401 (Use or sale of alcoholic beverages in city parks; ejection) is hereby amended by deleting said section in its entirety and substituting therefor the following: Section 2-401. Use or sale of alcoholic beverages in city parks; ejection. It shall be unlawful for any person, organization, association or entity to possess, use, consume, sell, distribute or otherwise provide any alcoholic beverage while upon, on, or inside the boundary of any city park or recreational center or facility, except may otherwise be provided in this chapter. Any person, organization, association or entity in violation of this chapter​, or other state laws of general application​, or local ordinances​, may be required to leave the premises by any employee of the city department of parks and recreation, ​or by any City employed Security Officer, ​and ejected and removed from the premises by any city law enforcement officer. ​It shall be unlawful, a trespass, and a violation of this section, for any person, organization, association or entity to refuse to leave the premises upon request by any employee of the city department of parks and recreation, or by any City employed Security Officer, or City law enforcement officer. (2) That ​City Code​, ​Title 2 (Alcoholic Beverages)​, ​Chapter 4 (Use and Sale of Alcoholic Beverages in City Parks)​, ​Section 2-402 (Citation; city court adjudication; assessment of civil fine) is hereby amended by deleting said section in its entirety and substituting therefor the following: Section 2-402. Citation; city court adjudication; assessment of civil fine. Any city law enforcement officer ​or City employed Security Officer, ​is hereby empowered to issue a citation to any person for any violation of any of the provisions of this chapter. Citations issued for violation of any of the provisions of this chapter shall be tried in the city court. The city court judge shall determine whether a violation has occurred and shall assess a civil monetary fine as penalty against any person convicted of violating any of the provisions of this chapter, said fine to be in an amount of fifty dollars ($50.00) for each violation. (3) That ​City Code​, ​Title 9 (Motor Vehicles and Traffic)​, ​Chapter 1 (General)​, ​Section 9-116 (Violation of traffic regulations a misdemeanor)​ is hereby amended by deleting said section in its entirety. (4) That ​City Code​, ​Title 10 (Offenses - Miscellaneous)​, ​Chapter 1 (In General) is hereby amended by adding a new ​Section 10-102 (Authority of City law enforcement officers and City employed Security Officers)​ as follows: Section 10-102. Authority of City law enforcement and City Security Officers. City law enforcement officers and City employed Security Officers appointed by the Mayor shall have authority to issue civil citations to any person(s) who commit any violation of any provision of Title 10 (Offenses – Miscellaneous), while on City owned property. FIRST READING: SECOND READING: EFFECTIVE DATE:

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