City Council

C-5 Agenda item #_______ CITY OF SAND SPRINGS COUNCIL/AUTHORITY STAFF REPORT MEETING DATE: 09/10/2016 SUBJECT: SWEARING IN CEREMONY BACKGROUND AND HISTORY: Officer Brian Tomsovic has been hired by the Sand Springs Police Department and will be sworn into office. BUGETARY IMPACT: None STAFF RECOMMENDATION: None COMPILED BY: Michael S. Carter – Chief of Police PRESENTED BY: Michael S. Carter – Chief of Police ATTACHMENTS: Oath of Office  POLICE OFFICER’S OATH OF OFFICE I, Brian Tomsovic having been duly appointed as a Police Officer of the City of Sand Springs and a Peace Officer of the State of Oklahoma, do solemnly swear that I will defend, enforce and obey the Constitution and Laws of the United States, the State of Oklahoma and the Charter and Ordinances of the City of Sand Springs. That I will obey the lawful orders of my superior officers and the regulations of the Sand Springs Police Department. That I will protect the Rights, Lives and Property of all citizens and uphold the honor of the Police Profession, with my life, if need be. This I solemnly swear, this 10th day of October, 2016. __________________ _________________ Officer Witness  C-6 Agenda Item_________ CITY OF SAND SPRINGS COUNCIL STAFF REPORT MEETING DATE: 10/10/2016 SUBJECT: POLICING PLAN STAFF RECOMMENDATION: A. Presentation pertaining to a Memorandum of Understanding between the City of Sand Springs and the Oklahoma State Bureau of Investigation. B. Authorization by the City Council for Chief of Police Mike Carter to sign the Memorandum of Understanding between the City of Sand Springs and Oklahoma State Bureau of Investigation. C. Presentation regarding a “Foods for Fines” Amnesty program, as a part of a Policing Plan. BACKGROUND AND HISTORY: The Sand Springs Police Department has been working on goals set forth in the Policing Plan 2016 that has previously been presented to the City Council. One of the goals was for SSPD to find an outside agency to investigate our officer involved shootings and in custody deaths if one were to occur. Although the Sand Springs Police Department has the capability, for public assurance of impartiality, an agreement of this nature seems to be the best course of action to insure the continuation of public safety that we currently enjoy. The Sand Springs Municipal Court Division has continued to finds ways to work with Police Department and citizens in implementing the Policing Plan which has the goal of helping our citizens work through court issues in a fair and impartial manner. BUGETARY IMPACT: None COMPILED BY: Michael S. Carter – Chief of Police/Kenny Penrod – Deputy Court Clerk PRESENTED BY: Michael S. Carter – Chief of Police/Kenny Penrod – Deputy Court Clerk ATTACHMENTS: Memorandum of Understanding Policing Plan 2016 “Food For Fines” Amnesty program  Agenda item #_______ CITY OF SAND SPRINGS COUNCIL/AUTHORITY STAFF REPORT MEETING DATE: 10/10/2016 SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAND SPRINGS AND OKLAHOMA STATE BUREAU OF INVESTIGATION STAFF RECOMMENDATION: A. Presentation Presentation pertaining to a Memorandum of Understanding between the City of Sand Springs and the Oklahoma State Bureau of Investigation B. Memorandum Of Understanding Authorization by the City Council for Chief of Police Mike Carter to sign the Memorandum of Understanding between the City of Sand Springs and Oklahoma State Bureau of Investigation BACKGROUND AND HISTORY: The Sand Springs Police Department has been working on goals set forth in the Policing Plan 2016 that has previously been presented to the City Council. One of the goals was for SSPD to find an outside agency to investigate our officer involved shootings and in custody deaths if one were to occur. Although the Sand Springs Police Department has the capability, for public assurance of impartiality, an agreement of this nature seems to be the best course of action to insure the continuation of public safety that we currently enjoy. BUGETARY IMPACT: None COMPILED BY: Michael S. Carter – Chief of Police PRESENTED BY: Michael S. Carter – Chief of Police ATTACHMENTS: Memorandum of Understanding Policing Plan 2016  Memorandum of Understanding This Memorandum of Understanding (MOU) is entered into between the Oklahoma State Bureau of Investigation (hereinafter referred to as OSBI) and the Sand Springs Police Department (hereinafter referred to as “requesting agency”). Purpose and Acknowledgement This MOU is devised to formalize the association between agencies and to foster an understanding of each agency’s role. The goal of this MOU is to promote efficiency in operations and provide guidelines necessary to ensure standardization in policies and procedures between the parties. To that end, the MOU outlines the scope of assistance, operational procedures, submission of reports, press statements, and Open Records Act requests. The parties to this MOU further acknowledge and seek to comply with recommendation 2.2.2 of the final report of The President’s Task Force on 21 st Century Policing, which calls for “external and independent criminal investigations in cases of police use of force resulting in death, officer-involved shootings resulting in injury or death, or in custody deaths.” Scope of Assistance The parties agree that the occurrence of any of the following predicate events will result in the commencement of OSBI investigative and forensic involvement: 1. The shooting or attempted shooting of a person by a law enforcement officer of the requesting agency acting in the line of duty; 2. The death of an intended arrestee during an arrest attempt by the requesting agency; 3. The death of an arrestee while in the care, custody, or control of the requesting agency; or 4. The death of an arrestee shortly after being in the care, custody, or control of the requesting agency as long as the requesting agency retains the jurisdictional authority to request OSBI assistance. Operational Procedures Upon the occurrence of any of the predicate events, the requesting agency on the scene will ensure that emergency medical services are provided to injured persons and that a secure crime scene perimeter is established with restricted access. Only emergency medical personnel, medical examiner personnel, investigating OSBI personnel, and other law enforcement officials as deemed necessary by either party will be permitted inside the crime scene perimeter. The requesting agency will also provide any necessary crowd control efforts. The requesting agency will then promptly contact the OSBI regional office who will dispatch OSBI investigators to initiate an investigation. Pending the arrival of the OSBI, the requesting agency will secure the scene, protect and preserve all physical evidence and documentation, and identify and separate all law enforcement and citizen witnesses. The requesting agency may conduct the investigation related to any underlying criminal activity that preceded or occurred at the same time as the predicate event outlined above. The requesting agency will also provide any assistance requested by OSBI during and after the on-scene investigation, including additional evidence collection. Once the OSBI has been notified by the requesting agency that a predicate event has occurred, the OSBI will assume operational direction of the investigation initiated pursuant to this MOU. The OSBI will adhere to OSBI’s Standard Operating Procedure and Investigative Policies for investigating officer-involved shootings/deaths. The requesting agency will retain overall direction and responsibility for any internal or administrative investigations initiated in response to any of the predicate events. However, the parties agree that the criminal investigation takes precedence over any internal or administrative investigation being conducted by the requesting agency. Press Statements/Open Records Act Requests The parties agree that the requesting agency may issue an initial press statement acknowledging an incident, reporting the status of the law enforcement officer(s) involved in the incident, and referral to OSBI’s investigative process. As soon as possible, the requesting agency shall indicate to OSBI personnel if it requests OSBI be responsible for statements released to the public. After the initial release, if the requesting agency has designated OSBI as the party responsible for statements released to the public, the requesting agency will release no further statements to the public regarding the case unless approved by the OSBI Public Information Officer or designee. Any public records requests will be processed by the appropriate agency in accordance with the Open Records Act. Submission of Reports OSBI will submit all final reports to the District Attorney’s Office and the requesting agency for review. Transmittal of reports and summaries will be done so as to preserve any applicable exceptions from public disclosure and to maintain any confidentiality of information that may apply. OSBI will report the material factual findings of the investigation but will offer no recommendations or legal conclusions concerning whether the force used, if any, was justified. Term of Agreement This MOU shall become effective on the date executed by the final signatory below. Any party may terminate this agreement by providing the others with thirty (30) days advance notice in writing or by mutual agreement by the parties. In case any one or more of the provisions contained in this MOU shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision. This MOU does not alter or invalidate any other responsibilities that either agency may have by statute or otherwise. Liability Each agency shall assume responsibility and liability for the acts and omissions of its own officers, agents, or employees in connection with the performance of their official duties under this MOU. It is expressly understood and agreed that no agency or governmental entity executing this agreement in any way agree to alter or waive in whole or in part any privileges or immunities otherwise enjoyed by the agency or governmental entity executing this agreement. All agencies and governmental entities to this agreement agree to hold harmless all other agencies and governmental entities to this agreement for any liability, claim, or damages arising by reason of negligence or other wrongful acts of any officer, agent, or employee of any agency or governmental entity to this MOU. Oklahoma State Bureau of Investigation Sand Springs Police Department ________________________________ Requesting Agency Stan Florence – Director____________ Mike Carter, Chief ________________________________ Name and Title Name and Title _______________________________ ________________________________ Signature Signature _______________________________ ________________________________ Date Date Sand Springs Police Department Policing Plan 2016 By Michael S. Carter – Chief of Police  Introduction There has been a national discussion in the United States that has focused on race, bias and social injustice. Our involvement in this topic started when the Department of Justice released a report on Ferguson MO. in March of 2015, and we started planning on what we could do to improve our community based on their findings. This discussion has been reignited by the killing and wounding of officers across the nation. It is my desire to look this discussion and how it relates to the City of Sand Springs. We need to identify what we can do as a City and a department to better ourselves and avoid some of the pitfalls that we have seen across the country. To this end, I would put forward this premise about our community as it relates to the national discussion; “While race has not played a significant factor in policing/judicial problems in the City of Sand Springs; unintentionally, economic disparity may play a significant role in unequal consequences of violations of the law by people in Sand Springs”. With that being said, if even one person feels that they were subject to racial bias by the Sand Springs Police Department, it is OUR responsibility to take steps to better that situation and take steps to make sure we alleviate that concern in the future. In the matter of racial bias, we have received very few complaints from those citizens who are of color and some of the things proposed later in this document can mitigate the chances that we will have a problem in the future. It is my belief that part of the reason that we do not have many complaints from the minority community is the character of the department; the other is the small number of people who fit into that demographic within Sand Springs. Latest census statistics show Sand Springs as having 2.4% African American and 3.4% Hispanic with the remaining being White, Native American or other. It is my personal belief that some of the feeling of disenfranchisement and persecution of people of color may be exacerbated by poverty, which people of color make up a disproportionate segment of that demographic. It is also my belief that when a segment of our society, such as economically disadvantaged, feel that they are oppressed or they feel that they do not have the wherewithal to rise above any problems that they have had in the criminal justice system, some will either choose not to participate or will physically and violently resist. If we keep people in jail for minor traffic offenses because they cannot pay the bond amounts for release, it can and sometimes does lead to a spiral that can impact a person for a long time. If a person loses their employment because they were not able to go to work as a result of an arrest, then it becomes much harder for them to pay the very fines we expect them to pay. Another segment of our community that must be addressed through this initiative is those with mental illness. It is important to treat mental health issues as a medical care situation and to lessen the possibility of potential for violent conflict with the individual. Training and policies must be used to guide officers’ actions in this area. Lastly, officers must be supported in the duties they perform. If an individual seeks to resist or become violent in a criminal way against a police officer, then our system needs to make sure that this behavior is corrected in the most effective and definitive way possible. If our community adopts the assertions above as fact, then the question becomes what have we done about it, and what can we do in the future to fix problems that still exist. The following concepts have either been adopted, or are recommendations to be considered for future adoption. What have we already accomplished? Body Cameras The Sand Springs Police Department has been using body cameras for approximately 8 years now. This has been accomplished at much expense to our city, but has been fully embraced by our officers. It is now the norm and will continue to be used as a preventative measure against misconduct by citizens and officers. All parties tend to act better when under the eye of a camera. When an officer violates policies or is guilty of misconduct, they will be disciplined or even prosecuted if appropriate. If a citizen files a false complaint on an officer with malice or reckless disregard for the truth, they will be prosecuted. Officers Give More Warnings In 2015/2016, the Sand Springs Police Department has greatly increased the amount of warnings that are given in relation to the total number of traffic stops. This again is to highlight to citizens that our role in law enforcement is to improve safety for everyone, not act as de facto tax collectors for the city or state. This has been embraced by our officers and they have increased the amount of warnings. Training Crisis Intervention Team Training (CIT) Currently approximately 1/3 of Sand Springs officers have been trained in advanced mental health techniques through the Crisis Intervention Team (CIT) model of police response to mental health situations. It is expected by the first quarter of 2017, that all Sand Springs Patrol Officers will be trained in this system. Fair and Impartial Policing Training The Sand Springs Police Department has two instructors who attended the Fair and Impartial Policing Train the Trainer that was sponsored by the COPS office of the Department of Justice. This training will allow the Sand Springs Police Department to train all officers in anti-bias policing. The training centers on the concept that all people have some implicit bias. If this is understood, it may be controlled to lessen the chance that it will be a factor in the policing decisions made by an officer. Use of Force Training In 2015, all Sand Springs police officers attended use of force simulator training instructed by the Oklahoma Municipal Assurance Group. This training not only covered shoot-don’t shoot simulations, but other use of force scenarios such as verbal intervention and less lethal. One topic that caught the officers’ attention was using commands that placed officers and suspects at risk for a violent encounter by the very commands issued by the officer. Verbal Skills Training The Sand Springs Police Department has taught a verbal skills class to our officers for many years. This training will be refreshed and all officers will be exposed to the training again by the first quarter of 2017. This training centers on conflict de-escalation and officer approachability. One criticism of law enforcement in Oklahoma that I believe to be valid is that we do not spend enough time training in verbal skills compared to that we spend in training of use of force. Custody and Control Training It has been made mandatory for all Sand Springs Police Patrol Officers to attend annual training on the topic of custody and control techniques. This has helped to insure that our officers are trained and accomplished in these techniques so they may use the minimum force necessary to effect and arrest. Firearms Training and Certification The Sand Springs Police Department requires all Sand Springs Police Officers to train and certify twice a year. This allows time to make sure that our officers skills are adequate, but also allows our instructors to train our officers on the department use of force policy. Our officers also are required to have a score of 84% on a more complicated course of fire for their qualifications, which is a higher standard than required by the State of Oklahoma. Intermediate and Advanced Law Enforcement Certifications It will be the intent of the Sand Springs Police Department to have all officers participate in and achieve the certification levels offered by CLEET. This is a way of demonstrating to our community the dedication to training and excellence that this department has. Policy Manual The Sand Springs Police Department has adopted the Lexipol Policy Manual that has participating departments nationwide. This manual has been modified for the specifics of Sand Springs Police Operations. This gives us the advantage of having a manual that has policies vetted by other professionals and has standards that meet and/or exceed state and national standards. Our department has made these policies available online for the publics’ inspection as we believe that this document should be accessible as Open Record. Complaint / Discipline Processes The Sand Springs Police Department has taken steps to make sure that citizens may file a complaint and that the complaint is investigated. We have new forms for the processing of complaints and a due processing tracking form that follows the officer through the discipline process. Discipline is how we maintain the standards at such a high level. While discipline is not an everyday occurrence, when it has been necessary our officers have been accepting of it. The police union has filed only one grievance in 23 years. The police department has also instituted both a special menu item on our phone system for Internal Affairs as well as an online form on our web site in which people can file a complaint or concern. Business Cards and Officer Uniforms All Sand Springs Police Department officers have been issued business cards which identify them by name and badge number. These are to be given out on routine contacts as well as to anyone who wishes to file a complaint. Our department has also intentionally kept a more formal appearance in our regular duty uniform. While the national trend has been to a dressed down daily uniform, we feel that the current uniform is more comfortable for public interaction and promotes the professional image that we wish to project. Even Greater Transparency The Sand Springs Police Department has adopted a philosophy of transparency. In 2015, our officers had two shooting incidents, which were the first in over 17 years. In both occasions, details and video were released to the media in just three days. We have also adopted a policy that when a document is requested and electronically available, we do not charge a fee to citizens for requesting the open record, unless it is an extraordinary request with an unusual amount of staff time. We will also look for alternatives that allow for us to get as much correct information to the public as soon as possible. We have been averaging three days to release video to the press in instances of videos that contain use of force. SWAT Operations – Suicidal Subjects The Sand Springs Police Department participates in a multi-jurisdictional SWAT team with the cities of Bixby and Sapulpa. The team is called South-West Area Tactical. One of the philosophies adopted by the team is a recommendation from the National Tactical Officer’s Association in regard to suicidal subjects. This standard sets that outside of extenuating circumstances; the SWAT team will not respond or engage with a subject who is alone in a residence who has indicated they wish to end their own life. The department may have patrol officers monitor the situation, but will not escalate the situation. The SWAT team has a full complement of crisis negotiators which have received training in advanced levels of mental health. In the history of the team is they have not injured or killed any subject of a call out. Community Outreach The Sand Springs Police Department has a philosophy of community involvement through positive contacts. One of the best ways to meet with groups of citizens is to meet with them in the context of Neighborhood Watch meetings. This allows for officers to hear first hand from our community about things that concern them. We will also look for other opportunities to interact with citizens. Social media will play a role in our outreach and can help educate citizens about the role law enforcement plays and limitations we may have. One program that we will be starting in the future to compliment this philosophy is Talk and Pop with a Cop. This will be a series of meeting across our community that allows the public to speak with officers and other community leaders about our city. Police Union Contract Provisions Expanded definition of probation for new officers Having an adequate amount of time to evaluate new officers and have them as at will employees during that period reduces the potential of retaining a bad officer. This was not only supported by our local union, officers proposed the enhancement to make sure that they were only working with officers that will be good for our community. The contract language says: Probation Period shall consist of the following: 1. 12 months from the date of initial hire if that person was already certified or achieves their certification from the CLEET Collegiate Officers Program. 2. 12 months from the date of graduation from the police academy if employed by the City of Sand Springs while attending the academy. Just cause for immediate suspension with or without pay of any officer arrested for a felony or excessive use of force, and the termination of said officer if bound over for trial. Many departments across the nation have been struggling with how to deal with officers who have been arrested for criminal offenses or who have used excessive force in dealing with suspects. This is exacerbated by the problem that it is not uncommon for the arbitrators of the Federal Mediation and Conciliation Service (FMCS) to leave that behavior unpunished and reverse dismissals. After discussing a particular egregious incident in another community that made national news, the police union and administration came together and formed a solution that keeps the integrity of the discipline process while insuring officer’s fair and impartial due process. The contract language that our administration and our FOP Lodge have agreed states in part: To suspend, demote, discharge or take other appropriate disciplinary action against members of the Police Department for just cause in accordance with appropriate procedures as set out in Article 9 hereof or, in alternative thereto, the Personnel Policy and Procedures for employees of the City of Sand Springs. For purposes of this agreement, the parties stipulate and agree that in addition to what may otherwise constitute just cause, just cause shall exist for immediate suspension with or without pay, at the discretion of the Chief, of any Police Officer who has criminal charges filed against them for any felony or for any misdemeanor charge of assault and battery related to a claim of excessive use of force directed at a suspect or prisoner who is in the custody of the officer. Further upon a finding at a preliminary hearing that the Officer shall be bound over for trial, or upon a waiver of preliminary hearing without an immediate dismissal of the charges, just cause shall exist for termination. Upon acquittal or dismissal of charges, the Officer may be eligible for re- employment with the City with back pay and applicable benefits, at the discretion of the Police Chief; The elimination of FMCS by adding a process that uses retired judges instead. As discussed above, it is not uncommon for the arbitrators of the Federal Mediation and Conciliation Service (FMCS) to leave that behavior unpunished and reverse dismissals that were made for unlawful or serious policy violations. The Sand Springs Police Department has been unique in our approach to this matter. Our philosophy is that if our judges are qualified enough to hear cases both criminal and civil, they are qualified to hear these types of arbitrations. The judges have a vested interest in our community would have an interest in seeing that an innocent officer is returned to duty and a problem officer receives appropriate discipline. This provision has only been needed one time and the officer was dismissed for “Incompetence” which is rare in the police community. In that case, the complaining party was the officer’s fellow police officers. The contract language that our administration and our FOP Lodge have agreed states in part: The parties shall submit the matter to arbitration. The FOP shall submit a list of five retired Judges from the State of Oklahoma (Appellate, District, Associate, or Special) from Tulsa County and/or any County which shares a common border with Tulsa County, who shall be the proposed panel for selection. From said list, the City shall select one arbitrator. The right of officers to watch body camera footage before being asked to give a statement. There are those that would like to see body cameras be a “gotcha” moment for police officers. The opposite is true at the Sand Springs Police Department. We have agreed with our union that Body cameras are in place as a supplement for them to reveal the truth about a situation. Critics of this type of arrangement will often say that citizens do not get to see the video before making a statement, but that is not true. Citizens cannot be compelled to speak with police as a right of the constitution. Our officers are afforded the same rights as any other human being in the United States. Ultimately, what matters to the department and our community is the truth. This provision also is one of the things that make body cameras popular with our officers. The contract language that deals with this provision is as follows: All Police Officer’s shall have the right to view, listen to or obtain a copy of any video or audio recording produced by equipment worn or used by that officer on or off duty before making a statement or being interrogated in regard to a complaint or investigation. They may not have the right to view other recordings not made by the officer under investigation. The discretion to allow this will be that of the Chief of Police or his designee. The parties acknowledge there may be instances in which an individual employee may have a basis to allege that the document or video should not be “immediately” released. In order to fully protect the interest of the employee in those instances, to protect the interest of the public set forth in the Open Records Act, and to allow the City to have a clear direction of how to proceed, the City retains the management right to determine whether a record is subject to public disclosure, and any objection to disclosure should be made as soon as possible and may require legal action by the employee to delay or preclude disclosure. The City acknowledges and will uphold the confidentiality of employment records as allowed by the Open Records Act. A new program that allows for, “supervisory notices” to document both positive and negative performance of an employee. It is imperative for there to be an intermediary step that covers employee performance in the areas that do not rise to formal discipline and may be forgotten before an annual evaluation. The Supervisory process also recognizes and encourages positive behavior. This has been well received by our officers and supervisors and gives an officer a clear look at their performance in a time span closer to the event documented than to wait for annual evaluations. The contract language in reference to this program states: Documentation of ongoing employee performance may be taken care of through a SUPERVISORY NOTICE. This document will detail the officer’s deficiency/achievement on the prescribed form. This will be routed through the chain of command and be placed in a file to be held by the Human Resources Department after approval by the Chief of Police. This file will be kept separate from the normal personnel file. This notice will only be retained on file for 1 year and will be automatically purged. These notices may be used for documentation related to an officer’s evaluation. If the officer feels that the Supervisor Notice is not warranted, he may appeal this decision to the Chief of Police, whose decision will be final. For the purposes of this article, Supervisory notices are not considered discipline, but a management tool to keep employees and management aware of ongoing employee performance. They may be implemented for positive or negative performance. Support of our Police Officers One of the things our department is proud of is how we support our officers. We will continue to do so, and will ensure that they receive the best training available, equip them with the best tools that we have the resources for and make available to them progressive policies that utilize cutting edge philosophies to keep them aware of the best tactics. We will not forget that they are citizens just like the people they serve and will not reduce their constitutional rights and protections for the sake of political expediency. What are our plans for the future? Traffic Fines and Increased Penalties for Failure to Appear. The Sand Springs Police Department has never worked on quotas or taken fine revenue into account as it relates to enforcement efforts. It is however an area that taken care to make sure that our fines are reasonable and some of the lowest in the metro area. Our city will continue to monitor this and take appropriate steps to minimize increases. If fines become so intrusive for minor infractions that people feel it is not within their ability to pay them, they may fail to appear at court. If a warrant is issued, that may lead to a person choosing to flee, resist arrest or assault an officer. Fines that are more affordable could lead to more people showing up for court, less warrants and less conflict between officers and citizens. This area was discussed in the DOJ report on Ferguson, MO. We have tried to adapt their findings to areas that we can help people have more confidence in their local government. With the commitment made above, it needs to be enhanced with a program that would be another incentive for people to appear in court. With fines being kept to minimum levels, then we need to raise the penalty for failing to appear in court. This may take the form of adopting warrant fees that equate to the maximum fine allowed by state statute. This should incentivize the person to appear in court and decrease the chances that someone will be subject to an arrest warrant. The information above should be explained in detail on the citation so that a person will understand the benefit of appearing in court. If they do, it will lessen the chance that an officer and a citizen are placed together in an arrest situation as well as decrease costs for our municipal court. Give alternatives to fines In 2016 the Sand Springs Municipal Court went forward with a program to allow for alternatives to fines or jail time. It was initially met with limited success, but we will continue this effort to see if we can help reduce the strain from people with limited ability to pay fines. The initial program allowed for citizens to help at one of our local festivals and they received credit that reduced or eliminated their obligation to the city. Six people were referred to the program and 2 people took advantage of the program with the other 4 failing to appear. This does not mean that the program will not be successful, but that we need to look at different ways to insure compliance. Give easy alternatives for recall of existing warrants The City of Sand Springs will look for ways to give people alternatives to take care of existing warrants. A program will be established to look at community service, time pay orders, and fine reduction if existing warrants are taken care of before law enforcement intervention takes place. We will also continue to allow for citizens who have warrants to voluntarily surrender at the Court Clerk’s Office and make arrangements for court appearance, or to enter a plea at the window with a time pay order or community service agreement. This can be accomplished without fear of arrest by the police department. Limit holding of arrested persons to 72 hours on open charges If a person is in the Sand Springs municipal jail on municipal open charges, they should be released upon oral recognizance within 72 hours as a matter of policy of the court. As previously discussed, we are being counter-productive towards justice if we hold someone in jail and they lose their employment. This reduces the ability of a person to pay their fines and may have other untold costs such as family strife, medical issues, etc. This is also a good program in our responsibility to use tax dollars more wisely. If a person has more than two fail to appear warrants involving the same initial charge, space in a county facility should be purchased to hold them until the charge is adjudicated. If all of the avenues and concessions listed above are made available to a person and they still do not participate in clearing themselves of outstanding charges, they should be held until the charge is resolved. Continuing the cycle of arrest and release would only serve to place them and officers at risk of a violent encounter and/or waste resources. The City of Sand Springs should investigate the possibility of implementing this program. Limit number of citations given on individual traffic stops One complaint that critics of law enforcement have about citations is that some officers will write a large amount of citations to a person. The Sand Springs Police Department will institute controls by policy that require supervisor approval when issuing more than three (3) citations to one individual. While there may be occasions that this is necessary, it should be the exception rather than the norm. Modify how we budget fine revenue The city as an entity may reduce the perception of relying on revenue from citations by modification of how we budget this area. The city experiences other forms of unexpected revenue that come into the city’s possessions, and until someone is convicted and the sentence from the court confirmed as a fine, no funds should be booked as a receivable. This allows all parties involved to understand that our philosophy is to use traffic stops for law enforcement purposes rather than a method for fine collection. All resisting and assault and battery on a police officer charges will be charged as state offenses. If we make the allowances above for citizens to feel that they are safe, not oppressed by fines, and have an outlet to file truthful complaints, they have a duty to act as good citizens in return. While our department does not have a reputation of excessive force and we have taken steps to insure we do not in the future; it is incumbent upon our citizens to not resist, assault or otherwise hinder our officers. This must take the form of them complying and if they disagree with the charges placed on them or the overall conduct of an officer, they need to avail of themselves the ability to go to court for redress. If an officer encounters someone who does resist or assaults them, the officer will book the citizen to state court instead of the courtesy of remaining in municipal court. People need to understand that as a civil society, their response to an arrest they feel is unjust must be expressed within the judicial system, not during the arrest. We reject the notion that there is now a right of the public to resist a police officer while he/she is performing their sworn duty. Include community members in monthly use of force/complaint reviews One of the things that the Sand Springs Police Department is most proud of is our relationship with the community. A great way for us to utilize this relationship is for us to involve our local ministerial alliance or other community representatives to act as independent monitors for the chief of police. These representatives would act as passive monitors in police use of force or complaint review boards and report any concerns to the Chief of Police. These representatives would receive some training in use of force policies before participating, so they make educated and informed opinions. Use of Deadly Force Investigations The Sand Springs Police Department has adopted a philosophy that we will ask for an outside entity to participate in the criminal investigation of our use of deadly force when a suspect is injured or killed. We currently use the Oklahoma State Bureau of Investigation. This philosophy should be extended to include cases in which no injury or death occurs in the incident. We will seek to formalize this relationship with OSBI or another agency in the future. Accreditation It is one of the major goals of the Sand Springs Police Department to achieve National or State Accreditation. This will help maintain standards set forth by an organization outside of the internal influence of our department and community. These standards are developed with input from a broad spectrum of perspectives. Video of officers by citizens We will seek to produce materials that encourage people to feel that they can exercise their constitutional right to video officers in the performance of their duties, while encouraging people to stay a safe distance from officers to lessen the chance of a conflict or interference with the officers. We will also educate people that they can have access to copies of the videos from body cameras worn by the officers.  Conclusion While I am sure that some will disagree with some of the items outlined in this document, and others will feel that the provisions discussed will not go far enough to heal wounds that are long in the making; it is our intent to make a tangible effort at addressing situations that may lead to future problems. It is one thing for people to point out that the world is not a perfect place; it is another for an organization to step forward and show the leadership to try something for the benefit of all. The men and women of the Sand Springs Police Department want to be leaders and to show not only our citizens, but other communities that small efforts can pay large dividends. If even one of these areas can make our community a better place to work and live, than it is incumbent upon us to try them. If a provision turns out to be less effective or have unintended consequences, we can always return to the status quo. Above all, it is the intent of the Sand Springs Police Department to honor our mission statement which says: The Mission of the Sand Springs Police Department is the protection of constitutional rights, protection of lives, reduction of criminal activity and fostering of community partnerships. This shall be accomplished by each employee being empowered to provide the best service possible. Our relationship with the Citizens of Sand Springs shall be the foundation for this success. Our legacy within this community will be service with honor, treatment of people with dignity and dedication to excellence. Sand Springs Municipal Court Food for Fines Drive In recent years the Sand Springs Municipal Court has issued warrants of arrest for nearly 4,500 individuals for failing to pay or failing to appear for citations. Most of the warrants issued by the court are for traffic violations. The average amount due for each warrant is about $260 – with more than 3,500 being less than $200. Maintenance and execution of these warrants take considerable resources from the Court and Sand Springs Police. These unpaid fines have the greatest impact on those individuals who simply do not have the financial means to pay. In order to promote the efficient and fair administration of justice, the orderly operation of the Court, and for the benefit of the City and Citizens of Sand Springs, the Court establishes the Sand Springs Municipal Court Food for Fines Drive. The Food for Fines Drive will be a one day only event on November 10th from 8am to 5pm. Defendants will be able to bring canned food and nonperishable items for donation to Sand Springs Community Service. Those making donations will be given $10 of credit for each item they donate, up to $200. Court will give credit for these donations just as it would for community service performed in lieu of fine payment. All those with Failure to Pay warrants, currently on payment plans with the court, and anyone with Failure to Appear warrants for charges that do not require a court appearance will be eligible to participate. Defendants with Failure to Appear warrants for charges that do require a court appearance will still be allowed to participate – their warrants will be recalled, they will be given a receipt for the credit from their donations, and be given a court date for which they must appear. The Court believes the Food for Fines Drive will allow those who fear arrest for their inability to pay outstanding warrants or fines the opportunity to clear that debt while still providing valuable service to the community. It will also benefit the city by alleviating some of the work of storing, maintaining, and filing warrants for Court staff. Food for Fines will be a help to the Sand Springs Police as well by lowering the number of arrests officers have to make just for active warrants.  SAND SPRINGS MUNICIPAL COURT FOOD FOR FINES DRIVE HAVE A WARRANT OR OUTSTANDING COURT FINES? BRING CAN GOODS AND NONPERISHABLE FOOD ITEMS FOR DONATION TO SAND SPRINGS COMMUNITY SERVICES AND RECEIVE UP TO $200 CREDIT FOR YOUR OUTSTANDING FINES AND WARRANTS WHEN: NOVEMBER 10, 2016 8:00 AM – 5:00 PM WHERE: SAND SPRINGS MUNICIPAL COURT OFFICE 100 E. BROADWAY, MUNICIPAL BUILDING FOR EVERY CAN GOOD OR NONPERISHABLE FOOD ITEM DONATED YOU WILL RECEIVE $10 CREDIT ($200 MAXIMUM) TOWARD OUTSTANDING FINES AND WARRANTS. ANY REMAINING BALANCE AFTER DONATIONS WILL BE ELIGIBLE FOR A PAYMENT PLAN. ITEMS THAT WILL BE ACCEPTED: CANNED VEGETABLES (GREEN BEANS, PEAS, CARROTS, CORN) SOUPS CANNED TUNA MACARONI AND CHEESE PEANUT BUTTER RAVIOLI/SPAGHETTI-O’S FOR MORE DETAILS AND TO CHECK YOUR WARRANT OR PAYMENT STATUS CONTACT THE COURT CLERK’S OFFICE (918) 246 – 2530 ELIGIBILITY: ALL THOSE WITH FAILURE TO PAY WARRANTS; ALL THOSE CURRENTLY ON A PAYMENT PLAN WITH THE COURT; ALLTHOSE WITH FAILURE TO APPEAR WARRANTS FOR CHARGES THAT DO NOT REQUIRE COURT APPEARANCE – ANYONE THAT MUST APPEAR IN COURT WILL BE GIVEN CREDIT FOR THEIR DONATION, HAVE THEIR WARRANT RECALLED, AND BE GIVEN A COURT DATE.  C-7A MINUTES Sand Springs City Council Regular Meeting September 26, 2016 – 7:00 p.m. Sand Springs Municipal Building 100 East Broadway – Room #203 Sand Springs, Oklahoma 74063 MEMBERS PRESENT: Mayor Mike Burdge (6-0) Vice Mayor John Fothergill (6-0) Councilman Phil Nollan (5-1) Councilman Patty Dixon (5-1) Councilman Beau Wilson (6-0) Councilman Brian Jackson (6-0) Councilman Jim Spoon (5-1) ALSO PRESENT: Assistant City Manager Daniel Bradley City Attorney David Weatherford City Clerk Janice L. Almy ABSENT: None The Sand Springs City Council met in regular session on September 22, 2016, in Room No. 203 of the Sand Springs Municipal Building pursuant to the agenda filed with the City Clerk’s office and posted at 2:30 p.m. on the digital display board located in the first floor lobby of the Sand Springs Municipal Building, 100 East Broadway, Sand Springs, Oklahoma 74063. 1. Call to Order Mayor Burdge called the meeting to order at the noted time of 7:00 p.m. 2. Roll Call Mayor Burdge called for an individual roll call with members replying in the following manner: Councilman Jackson, here; Councilwoman Dixon, here; Councilman Spoon, here; Vice Mayor Fothergill, here; Mayor Burdge, here; Councilman Wilson, here; Councilman Nollan, here.  CITY COUNCIL MINUTES SEPTEMBER 26, 2016 PAGE 2 3. Invocation Following Roll Call, Vice Mayor Fothergill provided the invocation. 4. Pledge of Allegiance Councilman Spoon led the Pledge of Allegiance. 5. Presentation(s) A) American Heritage Bank Recognition Mayor Burdge recognized Linda Edwards with American Heritage Bank for its community enhancement contributions to the City of Sand Springs. Ms. Edwards expressed appreciation of the recognition and commitment to the Sand Springs community. 6. Consent Agenda (A-H) Mayor Burdge informed Council that all matters listed under the Consent Agenda to be considered by Council are to be routine and will be enacted by one motion. Mayor Burdge noted that questions or clarification on any consent agenda items could be addressed prior to taking action. Mayor Burdge requested if Council had questions or needed clarification on any consent agenda item or whether any item needed to be considered separately. There being no other questions or requests, Mayor Burdge requested a motion regarding Consent Agenda 6A through 6H. A motion was made by Vice Mayor Fothergill and seconded by Councilman Spoon to approve the Consent Agenda Items No. 6A through 6H, as follows: A) The minutes of the September 7, 2016, special City Council meeting. B) The minutes of the September 12, 2016, regular City Council meeting. C) The monthly Transfers of Funds. D) The Sand Springs Pogue Airport Five-Year FAA/OAC CIP update. E) The authorization of an expenditure in the amount not to exceed $500,000 for the purchase of materials and construction activities related to the 2016 Street Overlays project.  CITY COUNCIL MINUTES SEPTEMBER 26, 2016 PAGE 3 F) The Floodplain Management Plan Annual Report G) The proposed Amendment No. 1 to the Engineering Agreement with Keithline Engineering Group, PLLC for design of the South 113th West Avenue Widening, Phase 3 (from the 3500 block to West 41st Street South) project. H) The acceptance of the public improvements in Phase 3 of Stone Creek Estates III subdivision as constructed by A & A Asphalt, Inc. for developer Gibson & Powell Investments, LLC. Mayor Burdge called for the vote recorded as follows: Councilman Nollan, aye; Councilman Wilson, aye; Mayor Burdge, aye; Vice Mayor Fothergill, aye; Councilman Spoon, aye; Councilwoman Dixon, aye; Councilman Jackson, aye. The motion carried 7-0-0. 7. Financial Reports Finance Director Kelly Lamberson provided an overview of the monthly financial reports for all funds. Kelly Lamberson introduced the city’s new Purchasing Agent, Michelle Dawes. Councilman Nollan requested the information regarding the reduction in the Workers Compensation coverage. Councilwoman Dixon requested information regarding the Hotel/Motel Tax, Case Community Center expenses listed on page 40, and the expense for additional repairs of the Avery Drive Lift Station and 10th Street Culvert. 8. Correspondence (A-B) The following correspondence was provided to Council for their review and information: A) Regular monthly bills. B) A letter, dated August 25, 2016, from Oklahoma Department of Environmental Quality, Permit No. WT000072160594, City of Sand Springs New Filter Backwash Pump Station, PWSID No. 1020420, for the construction of one (1) 7,200-gpm backwash pump station, associated yard piping and all appurtenances to serve the City of Sand Springs, Tulsa  CITY COUNCIL MINUTES SEPTEMBER 26, 2016 PAGE 4 County, Oklahoma, was attached in the addendum to be noted in the minutes of the regular City Council meeting, after which it will become a matter of permanent record as required by the Department of Environmental Quality. 9. City Manager’s and Council Members Report A) List of Upcoming Events: 1) Boo on Broadway: 10/29/16 2) “Night at the Museum”: 10/29/16 9:00 pm 3) Street Dept Chipper Days: 09/03, 11/05, 12/03/16 4) CASEtime Movie Night: 11/11, 12/09/16 5) Veterans Day Holiday: City Offices Closed 11/11/16 6) Thanksgiving Holiday: City Offices Closed: 11/24-25/16 7) Festival of Lights Christmas Parade: 12/02/16 8) Employee Recognition Luncheon: 12/07/16 9) Christmas Holiday: City Offices Closed: 12/23, 12/26/16 B) Assistant City Manager Daniel Bradley also reported on the following items: 1) Splashpads will close for the season this Friday, September 30, 2016. 2) Received donation of lights and park staff installed the lights at the Page Triangle. 3) Employee Health Fair is scheduled for 09/29/16. 4) Fire Fighter Kris Koster will be participating in the Burn Camp – a camp for children with injuries resulting from fires and other type of burns. 5) Jay Barnett was promoted to Police Captain. 6) Downhill Derby was considered a success. 7) Janice Almy introduced Kristen Johnston, Deputy City Clerk/Executive Assistant to the City Manager. 8) Janice Almy was recognized at the OMCTFOA Member of the Year for 2016. 9) Recognized Police Chief Mike Carter for the Policing Plan. Vice Mayor Fothergill, Councilwoman Dixon, and Mayor Burdge provide a report on the sessions and events they attended during the Oklahoma Recess City Council Meeting Following the various reports, Mayor Burdge recessed the Council Meeting, to be reconvened following the Municipal Authority Meeting at the noted time of 7:25 p.m.  CITY COUNCIL MINUTES SEPTEMBER 26, 2016 PAGE 5 Following the Municipal Authority meeting, Mayor Burdge reconvened the City Council Meeting at the noted time of 7:27 p.m. 10. Executive Session A) Mayor Burdge informed Council of the consideration of retiring into Executive Session for the purpose of conferring on matters pertaining to economic development within the RiverWest development area and for the purpose of conferring on other economic development projects in which public disclosure of the matter discussed would interfere with the confidentiality of the business in accordance with O.S. Title 25, Section 307(C)(10); for the purpose of conferring on matters pertaining to appraisal or acquisition of property for economic development purposes in accordance with O.S. Title 25, Section 307(B)(3); and for the purpose of the annual evaluation of City Manager Elizabeth Gray, in accordance with Title 25, Section 307(B)(1). A motion was made by Councilman Spoon and seconded by Vice Mayor Fothergill to retire into Executive Session for the purpose of conferring on matters pertaining to economic development within the RiverWest development area and for the purpose of conferring on other economic development projects in which public disclosure of the matter discussed would interfere with the confidentiality of the business in accordance with O.S. Title 25, Section 307(C)(10); for the purpose of conferring on matters pertaining to appraisal or acquisition of property for economic development purposes in accordance with O.S. Title 25, Section 307(B)(3); and for the purpose of the annual evaluation of City Manager Elizabeth Gray, in accordance with Title 25, Section 307(B)(1). Mayor Burdge called for the vote recorded as follows: Councilman Jackson, aye; Councilwoman Dixon, aye; Councilman Spoon, aye; Vice Mayor Fothergill, aye; Mayor Burdge, aye; Councilman Wilson, aye; Councilman Nollan, aye. The motion carried 7-0-0. Mayor Burdge, Vice Mayor Fothergill, Councilman Jackson, Councilwoman Dixon, Councilman Spoon, Councilman Wilson, Councilman Nollan, Assistant City Manager Daniel Bradley, Police Chief Mike Carter and City Attorney David Weatherford retired into Executive Session at the noted time of 7:28 p.m. Discussion was held for the purpose of conferring on matters pertaining to economic development within the RiverWest development area and for the purpose of conferring on other economic development projects in which public disclosure of the matter discussed would interfere with the confidentiality of the business in accordance with O.S. Title 25, Section 307(C)(10); for the purpose  CITY COUNCIL MINUTES SEPTEMBER 26, 2016 PAGE 6 of conferring on matters pertaining to appraisal or acquisition of property for economic development purposes in accordance with O.S. Title 25, Section 307(B)(3). Following said discussions, Police Chief Mike Carter exited the Executive Session. Council members, Assistant City Manager Daniel Bradley and City Attorney David Weatherford then held discussions for the purpose of the annual evaluation of city Manager Elizabeth Gray, in accordance with Title 25, Section 307(B)(1). B) Following the Executive Session, Mayor Burdge reconvened the Council Meeting at the noted time of 8:17 p.m. C) Mayor Burdge stated there was no action deemed appropriate as a result of the Executive Session. 11. Adjournment There being no other discussion, the meeting adjourned at the noted time of 8:18 p.m. ___________________________ Janice L. Almy, City Clerk  C-7 B&C Consent Agenda Item #________ CITY OF SAND SPRINGS COUNCIL/AUTHORITY STAFF REPORT MEETING DATE: October 10, 2016 SUBJECT: SAME DAY AUTO REPAIR A.) FINAL APPROVAL OF UTILITY EASEMENTS B.) FINAL ACCEPTANCE OF SANITARY SEWER EXTENSION STAFF RECOMMENDATION: A. Approve the Utility Easements granted by Same Day Auto Repair and Commander Mills, Inc. B. Accept the sanitary sewer improvements to serve Same Day Auto Repair as constructed by Mullins Plumbing. BACKGROUND AND HISTORY: Same Day Auto Repair has constructed a new building at 100 S. Adams Road and is relocating from 231 S. Adams Road. The new Same Day Auto is located north of the new Sonic on the west side of Adams Road Boulevard. A sanitary sewer extension was constructed to provide sewer service to the new site. Mullins Plumbing constructed the sewer extension consisting of approximately 231 feet of 8-inch public sanitary sewer mains and two manholes. Daniel Smith, President of Same Day Auto Repair and W. Michael Partain, Commander Mills Director of Real Estate have granted the attached Utility Easements for operation and maintenance of the public sanitary sewer main. BUDGETARY IMPACT: Fixed Assets: Construction costs = $!6,500.00 COMPILED BY: Kurt Baker, Engineering Technician PRESENTED BY: Derek Campbell ATTACHMENTS: Inspection Memo City Council Acceptance Letter Utility Easements Maintenance Bond Assets Sheet C-8