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
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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.
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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.
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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.
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