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Public Safety Committee Minutes 2008 11-24-08 Page 1 of 4 APPROVED AS CORRECTED 1/22/09 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC SAFETY COMMITTEE MEETING City Hall, Conference Room Thursday, November 24, 2008 — 6:00 P.M. PRESENT: Chairperson Spears, Committeeman Sutcliff ABSENT: Committeemen Plocher, Werderich ALSO PRESENT: Chief Harold Martin, Lieutenant Don Schwartzkopf, Lieutenant Rich Hart, Molly Batterson, Officer Jon Helland, Alderman Gary Golinski, and Tony Scott of The Record Members of the public in attendance included Mr. Andrew Shaw and Ms. Kim Sullivan. Chairperson Spears stated as there was not a quorum, that no official meeting could take place, however, discussion could take place as there were members of the public present to discuss an item under Old Business. Chairperson Spears called the discussion to order at 6:03 pm. OLD BUSINESS: 1. PS 2008-47 — Ordinance Amending City Code Regarding Parental Responsibility Chairperson Spears reminded the group that this is for discussion only. Members of the community are present and have some concerns. Additionally, she received an email and a phone call today from community members that are against the ordinance. Chief Martin stated that this item was brought forward, however, not for monetary reasons or to create undue hardship. He stated it is a way for the Police Department to work with parents and individuals instead of having to go straight to criminal charges. At this time, he asks that the Committee remove this item from the agenda. The Police Department will try to work 1 Page 2 of 4 with juveniles that they can, others will be charged and processed through the criminal court system. The main purpose of the proposed ordinance was to stop juveniles from having charges on their record, easing up the court system and saving money by reducing overtime for court appearances. The Police Department is not in the business of making money. The ordinance would have given officers more discretion. Chief Martin asked to move forward with the items in Old Business 91. Chairperson Spears stated that after receiving some phone calls regarding the ordinance, she became concerned and agrees it should be removed from the agenda. Additionally, she stated that Mr. Shaw spoke to the City Council at the last meeting and made the council aware of other issues. Chief Martin stated that removal of this item does not stop the parent from being responsible for their children or fines they incur. He stated that Mr. Shaw, as a teacher, has guidelines to follow and is given more opportunity to work with children and their parents. The Police Department has to work with what they have, that is the criminal court system. Committeeman Sutcliff stated that she feels it is difficult for a parent to be responsible for a child when they are not home. She stated that most people feel that this is extra policing. She also feels the item should be removed from the agenda. Ms. Sullivan stated that she does not mind that the item is being removed from the agenda; however, she wanted to make it clear that the article she read in the newspaper regarding this item is completely different from what she is hearing at this meeting. Her understanding was that the child would be charged and the parent would be fined. The newspaper did not discuss anything about the Police Department working with the parents and child. Her interpretation of the ordinance based upon the newspaper article was that the incident would fall under double jeopardy. Chief Martin stated that the newspaper article was blown out of proportion. Mr. Shaw stated that he concurs with Ms. Sullivan's interpretation of the newspaper article. While he is in favor of accountability, to the degree of fining the parents heavily he feels it is not appropriate. Furthermore, he stated that as a teacher he has noticed that the problem kids are typically seeking parental attention and the demographic of the home life of problem kids is not a solid one. Chief Martin disagreed with that statement and advised that the Police Department deals with many problem kids that come from solid homes. Mr. Shaw asked for further clarification on the proposed ordinance. Chief Martin stated that the ordinance would have allowed the Police Department more discretion to try to work with kids on their parents when possible. It would also require that the parent be more accountable. Mr. 2 Page 3 of 4 Shaw asked to use a violation of vandalism as an example and explain what would happen. Chief Martin stated that if a child vandalized a school, the school would want accountability. Therefore, the Police Department would try to work with the parent and child and try to get the damage cleaned or restitution made to the school for the damage. If this was the 1st offense, that would be it and there would be no charges. If this was the 2nd offense, the same would occur, but then the child would be issued a fine. If this was the 3rd offense, the child would be charged criminally and would still be held responsible for making restitution to the school. Officer Helland explained that the same offense occurred a few years ago and the incident resulted in an automatic felony charge for the child. If the Police Department had this route, the child would not have to be charged criminally. Mr. Shaw clarified that this would help the child and gets the parent involved. Chief Martin agreed and stated that perhaps the City could revisit this issue at a later time. If that were the case, he would prepare a press release that explains in more detail how it would work. Chief Martin added that if there is ever a time when residents have questions regarding ordinances, etc., they are welcome to contact him anytime. If they are not happy with the Chiefs explanation or are still confused, they are also welcome to contact the City Council. Mr. Shaw asked if citizens could obtain copies of ordinances. Chief Martin stated that all ordinances are available on the City's website. Lt. Schwartzkopf added that state statutes are also available through the internet. Mr. Shaw thanked Chief Martin for the explanation and stated that as a teacher he is in favor of accountability. He stated that the school liaison officer at the school he teaches at explained the adjudication process to him and he is now in favor of that. Ms. Sullivan stated that the newspaper article stated that the Police Department would fine and charge the children. Does the Police Department still have that discretion? Ms. Batterson stated that at this time, the Police Department can either charge a juvenile or not charge the juvenile. Chief Martin stated that typically, the parents are contacted on a first offense and not fined. If there is a second offense, the juvenile is charged criminally. The proposed ordinance would have broadened their abilities. At a time when juvenile offenses are up 20%, this tool would have helped and also reduced officer's overtime for court appearances. Chairperson Spears stated that no vote could take place at this meeting; therefore, the item would have to be brought back to the next meeting. She thanked the members of the community for attending the meeting. Mr. Shaw thanked Chief Martin for his explanation and thanked the committee for being accessible. 3 Page 4 of 4 ADDITIONAL DISCUSSION: Committeeman Sutcliff asked if the truancy ordinance went through the school board. Officer Helland stated the ordinance was not good. The ordinance allowed for too many truancies before something was done (30+truancies). He stated that something else needs to be put in place as right now there is nothing in place to enforce truancy unless it is in conjunction with a crime such as burglary by a truant student. Officer Helland stated that his proposed ordinance would be enforced by himself and the other school liaison officer. They would use discretion regarding when to charge a truant student as a history has usually developed. Mr. Shaw stated that such a policy is needed in Plano where he teaches. Chairperson Spears stated that she is concerned about paragraph number 2. Ms. Batterson stated that this is just a sample ordinance, not a draft proposed ordinance. She stated that the Police Department would prepare a draft once they know that the committee would support it. Discussion took place regarding changing the age to 17 and also including all schools within the city boundaries. Mr. Shaw added that he is a high school teacher who is very frustrated that he can't do anything about truancy. This sample would help to keep kids in school. Committeeman Sutcliff urged the community attendees (who are both involved in the schools) to check the agendas online. She feels it would be good for them to get involved. Ms. Sullivan stated that the school board agenda is also available online, along with a description of what is considered an excused absence. ADJOURNMENT OF THE PUBLIC SAFETY COMMITTEE MEETING: With no further business to discuss, the meeting adjourned at 6:43 p.m. Minutes respectfully submitted by Margaret M. Hartigan. 4