Public Safety Committee (Building & Codes, Fire, Police)
Regular MeetingClarksville, TN · November 30, 2020
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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