Police Commission Minutes 10/06/04

The Rochester Police Commission held their regular monthly meeting on October 6, 2004. Present at this meeting was Chairman Dumont, Comm. Flanagan, Comm. Stenhouse, Chief Dubois, Capt. Pease, Capt. Allen, Capt. Taylor, Lt. Gould, Lt. Dumas, Lt. Callaghan, Attorney Grossman, Secretary Warburton, members of the Department, the public and the media.

Comm. Flanagan MOVED to accept the minutes of the September 10, 2004 regular meeting and the September 29, 2004 special meeting as written. SECOND by Chairman Dumont. The motion PASSED, as follows; unanimously for the minutes of September 10, 2004 and 2 - 0 for the minutes of September 29, 2004, with Comm. Stenhouse abstaining as he was not present.

A. Building: Open House well-received. Chief Dubois reported approximately 300 people toured the building on October 2, 2004. Many commented on the building and its capabilities. I want to thank the staff and all those that participated during the open house.

B. Electricity Costs in New Building: Captain Pease updated the Commission on the electricity costs of the new building. He stated that we are running almost double the amount budgeted for this account. We did take specific moves to control costs, such as presetting the HVAC controls. This has only saved us about $300.00 per month.

We have been conversing with the Director of Public Works, Public Buildings and Grounds regarding an energy assessment. Her contact at PSNH stated that energy audits are not usually done on new buildings, because it’s assumed that a new building is built with the most energy efficient materials. The costs could be reduced once the AC is shut off for the winter, but they may not, as heating could be just as expensive. The estimate that we used for electricity was given by the professionals that built the building. They were close, ($3,500.00 per month) but we are still running higher than that estimate.

Comm. Stenhouse stated that basically the professionals that know HVAC systems provided an estimate and at the current kw usage, there is not enough funds in that budget line to pay for the electricity for the whole year. Chief Dubois said that is correct.

1. Unfinished Building Items. Capt. Allen stated that he has a meeting with Horne Construction this week to review the remaining unfinished items. We still have two light poles to install. The water problem in the range was rectified, however, there is still a condensation and mold issue under the rubber. We are working on that. Comm. Flanagan asked if the carpet in the elevator will be addressed. Capt. Allen stated that is on the list. The City is also working with Horne Construction on doing something to the front cement wall. They will plant some ivy, but visually, we won’t see results for a couple of years. The Commission agreed the building is beautiful. Comm. Stenhouse stated that the building is not at eye level, the wall is, and that is where your eyesight is drawn. Capt. Allen said there are probably things that can be done to address it. However, they will cost money to do. It was noted that Studley’s did a fabulous job on the landscaping. It really made a difference in the appearance of the building.

2. Pursuit Policy. Chief Dubois stated the Commission asked us to look at our pursuit policy a couple of months ago. Law enforcement around the country is looking at pursuit policies. These questions are timely based on that. Our policy is right in the middle of area agencies. It’s more restrictive than some, but not as strict as others. Our policy is officer discretion with supervisory overviews.

We have been working with our insurance carrier and are ready to give a verbal update with regard to recommendations to amend the policy. We could put more restrictions on what we will pursue for. We could also limit the speed on pursuits. We are ready to update the policy for action next month, unless the Commission wishes further review of other areas.

Comm. Stenhouse, for the record, noted that he is an executive with the City’s competing insurance carrier. His employer is also the City’s worker’s compensation carrier. However, his comments have nothing to do with that affiliation.

“I think we need to regulate the speed. We have mutual aid agreements with a number of departments. We have a fine State Police. We have the latest in radio telecommunications. The officers train in aggressive driving techniques. All of these things benefit us. So this is not an indictment of the Department or our Officers, or of how we are currently doing this. I don’t want to see anyone get hurt. I don’t want to see an officer do something in the line of duty where someone was hurt inadvertently. Obviously, there have to be exceptions to the rule. I want to make sure that the number of lawsuits that come down are fewer and I want to ensure that worker’s compensation claims are stable. That is good for business, good for the Department and good for the citizens of Rochester.”

Chief Dubois replied that policies differ from agency to agency. Ours differ from those right around us. For example, there was a pursuit near Rochester a couple of weeks ago. I was monitoring the radio transmissions. Our supervisor said to the officers if the pursuit crossed into Rochester, we were not to engage and we would not take part. This was largely due to the fact that the pursuit did not fit into the guidelines that we have established here.

Comm. Stenhouse said that we have to look at these from a risk perspective also – to our people, to our citizens and lastly to the perpetrator. We want to keep everyone safe. Chairman Dumont stated that the people being pursued are not generally as proficient at driving as the police officers. Furthermore, people trying to “get out of the way” of a pursuit are generally not as skilled at driving as the police. These scenarios put not only the pursued vehicle, but others on the roadway at risk.

3. Declaratory Judgement. Comm. Flanagan said that now that elections are over, he would like to begin to close the gap and heal the wounds between the Police Commission and the City Council. We are willing to work with them and I’m sure they will be more than happy to work with us. “ I would ask the Chair to get with the City Manager and get the declaratory judgement. Go to court on the charter, for the duties and parameters of the Commission, what we can and cannot do and what the limits of the Council is. Let’s put this to rest.”

Chairman Dumont said that he sent a letter for that purpose to the City Manager last month. The letter was read at the Council meeting of October 5, 2004 and was referred to the Finance Committee. There was some discussion about sharing the costs of this between budgets. Chairman Dumont confirmed with Attorney Grossman that such judgements are all done with legal briefs.

Comm. Stenhouse said, “I find this really a little bit troublesome, in a sense that this is really a matter between the City Manager and the Commission. The Council has no authority on this. This is clearly a decision the Manager can make himself.”

“I was surprised it went to the Finance Committee since the City has a legal budget that is adequately funded. The Manager can take things like this to court. I don’t see what the Council’s role is in this. The Council can approve or deny our budget or our contract. But this is really the role of the Manager and the day to day operations.”

Chief Dubois spoke to the families that had gathered, thanking them for their support. He said both Jim and Jeff are outstanding people. Jim comes to us certified by the Town of Farmington. He is a hometown boy, a graduate of Spaulding High School, coming back to work in this City. Capt. Taylor, his work is top notch. We are fortunate to have him as part of the command staff. I applaud the Commission for the decision. Ethics – Honor – Integrity is all part of the foundation of being a police officer. The support system that the officers have in their spouses and extended family is key to their success. I give my heartfelt thanks to all of you for all that you do.”

C. Offer of Donation: Surplus Monitors. Chief Dubois noted that as included in the packet, Officer Tapscott has two surplus monitors that he would like to donate to the Police Department. We have checked with MIS, and she has indicated that she can put them to use right away. The Commission was in favor of accepting the donation, with a hearty thanks to Officer Tapscott.

This year the application has been split up into a bunch of areas. All of the states tactical teams, of which there are 13 split an even amount, which gave them slightly more than $29,000 each. The remainder of the money, which used to be decided by population, will be decided by competitive grant application. We don’t know how much money New Hampshire is getting. Our submission will be scored and they will then tell us how much, if any, that we will get.

The Council prioritized the AVL/GPS, and put $25,000 aside in the CIP for this purpose, to gradually fund the total cost. But they also asked us to keep looking for alternative funding. We would like to seek the remaining funding for this through Homeland Security. There is no deadline back to us, for when we might hear if our application is accepted.

Comm. Flanagan said he is not totally sold that the AVL/GPS is something that we need. I don’t think the City is big enough. I see it as a way of tracking our boys and I’m sure they are doing what they are supposed to be doing. I’m having a hard time spending that kind of money on a City this size. Why are we pushing so hard for this? Doesn’t the radio serve the same purpose? If it’s a technology issue, can’t the technology on a Motorola phone do the same thing? For less money?

Chief Dubois stated that AVL/GPS stands for Automatic Vehicle Locator and Global Positioning Satellite. We’ve applied through the CIP for a couple of years for this. We thought it was important enough to submit a CIP and the Council thought it was important enough that they prioritized it over our other request and partially funded it. There are several reasons we feel this is important. One is for supervisory issues and I’d be lying if I said we wouldn’t use it that way. However, with these units, the Communications Center can see right away, where the units are. You are right. The radio does do that. But that may be the only transmission the officer gets off.

From an officer safety standpoint and for emergency response it has a big value. The Center can see right where all the vehicles are on a big screen. The phone can partially do that, but it will not coordinate into our mapping system the same way this will. It is a lot of money but worth expense, especially if we can obtain it with grant funds. However, we work for the Commission. We can pursue other things if you wish.

Capt. Pease also stated that Rochester has nearly 47 sq. miles. The ATV can’t tell us where in the woods they are. So our primary reason for the application is safety. The idea of watching the officers is not as large a part of the equation, as much as safety was. You can see on the monitor where the officers are and close the gap on getting officers to a scene.

Comm. Flanagan inquired if other Departments have this technology? Chief Dubois said that some do, and some have certain components of it. We want the entire package. With a clearer understanding of the value, Comm. Flangan withdrew his objection to the AVL/GPS submission.

Chairman Dumont stated that he had read all of the updates. They are all house keeping changes. Attorney Grossman confirmed that he had reviewed the updates. Comm. Stenhouse was in favor of approving them for a first reading only.

1. Patrol Bureau: Capt. Michael Allen reported that we are continuing our work on Route 11. Even with the intensified enforcement, our accidents were up on Route 11 during this reporting period. We will continue our involvement with the state committee on re engineering the road. We are about ready to hand out the CARE package for the downtown. The few copies that are out there have been well-received.

Comm. Stenhouse inquired into our efforts with liquor enforcement. Capt. Allen stated that we have the authority to enter the premises of these establishments. However, the liquor inspectors have more administrative powers to act with regard to repeated problems, up to and including the suspension of the liquor license. We have only a couple of establishments with ongoing high activity such as intoxication, fights, noise complaints, etc, things typical of such an establishment.

Lt. Gould reported out on the work she has been doing with robberies. We are seeing an upward trend in Rochester, compared to previous years, with only a slight lull in 2001 and 2002. We are in the middle in the UCR statistics of communities our size. The majority of places affected are your 24-hour stores, with generally only one clerk on at a time.

We have completed an informational packet to be handed out to these stores. There is a lot of good information that was adapted from the internet. We also included a description sheet that victims could fill out while things are fresh in their mind, while they are waiting for police response. We will do a cover letter and press release when the packets are distributed. We want to do a survey down the road to see if the management of these businesses thought this was a good idea or not. We won’t know if it’s successful, until a robbery occurs.

2. Support Bureau: Captain Taylor reported that eight investigations were closed this month. The drug officer continues to make progress with street level enforcement. Det. Cahill had 29 new cases, with a total of 46 misdemeanor charges. Det. Funk had 23 adjudicatory hearings with 14 true findings. Seven went to court diversion. Evidence handled a total of 567 pieces, of which 308 were new pieces to be logged. Our Grand Jury is on track. We presented nine cases this month, all were true bills. Ninety-one cases were prosecuted in the District Court and of those, seventy-three had guilty findings. Sixteen were nol prossed. One was not guilty and one was placed on file.

Lt. Dumas reported that our K-9 team of Officer MacKenzie and Fina continues to work well together. They had a mock certification assessment this week, in preparation for her re certification on October 18, 2004. We anticipate being able to tell you next month that she passed without any problems.

The School Resource Officers are settling into their assignments. They have both had activity at their respect assignments. Off. Jackson at the High School had three arrests related to drugs and Officer Stickles at the Middle School had four arrests mostly related to thefts. Both SRO’s are off at DARE training and are expected to graduate this week. As soon as they get back, we hope to start up the DARE Program in the schools again.

The com log call recording system is one of the new items in the communications center. As a test of the capabilities, we randomly selected the date of September 1, 2004 and reviewed one hour per shift of phone and radio traffic. Even though our records show the activity in the center is high, it was interesting to actually see the numbers the com log can track.

During the open house citizens were able to see the range area. We told the public when we built this facility that an indoor range would save them money in overtime costs. As of today, 21 officers have completed annual qualifications with the duty weapon without using overtime. We fully anticipate being able to do all officers without overtime.

Chairman Dumont asked if this will eliminate the use of the Gonic range? Lt. Dumas stated it will not because although the range is rated for using the shotgun, doing so will shorten the life of the rubberized matting. It is not rated for the rifle. Those two weapons will still be done at the Gonic range. However, it will limit the amount of time we have to be down there both for daylight and night fire qualifications.

1. Motorcycle Accident. Chairman Dumont wished to discuss the recent accident involving the Rochester Police motorcycle that occurred in Somersworth. Chief Dubois said, “This deals with personnel. We have to balance the rights of the police officer against the peoples right to know. Because of that I have to say I can’t answer that right now.”

The press asked me the same questions. I can tell you that police vehicles can go into other cities for legitimate reasons. An accident with a public vehicle is serious and we take it serious. We are reviewing the matter and therefore have to restrict the information flow to the public to balance the rights of personnel involved.

Chief Dubois responded, “the staff debated this issue for quite a while, discussing the amount of information to release to the public. You have my word as an officer and as a man that we will address this.”

A. Appreciation and Recognition. Letters recognizing Department members this month include: Off. Cormier is thanked by the Connelly family for recovering a stolen bike. Off. Harding is thanked by the Flowers family for compassion in investigation. Off. Livingstone is recognized for work on identity theft investigation.

1. Primex Video. Comm. Stenhouse commented that the video that was prepared by Primex last month, showcasing some of the members was shared with the board of directors for Primex’s reinsurer and was well received. Appreciation is extended to Chief Dubois, and to the other municipalities that participated.

2. Collective Bargaining Agreement. Comm. Stenhouse noted that reading the newspaper this evening a story reported the police union agreement cost more than the other agreements in the City. “I would question the judgement that it was 20-30% higher. I would like to remind citizens that collective bargaining is equity. That does not mean equal. I think our council has lost sight of that.“

”Look at the issues. I am sure there are times based on economic conditions that our Teachers should receive more money. We have a fine Fire Department and a fine Public Works Department, without much turnover in either department. People think equity means equality and it doesn’t. You have to have a goal and a mission. Had the Council approved this contract, they would have known, for five years, what the police contract was going to cost. Until it is realized that equity doesn’t mean equality, we will never approve another contract in Rochester.”

Chairman Dumont said we will go back to the table. But if parameters are set before you start, then you are not bargaining in good faith. We bargain in good faith. It is hard to bargain if you have to treat everyone exactly the same. Life is not that way.

Comm. Flanagan commented on his years as a police officer. He said that if he was on a call and had an officer with a similar number of years on the job backing him up, he felt more secure than he did with an officer that only had one or two years on. “That’s no disrespect to those younger officers, it’s just the way I felt.” “To start losing officers with seven, eight, nine or ten years on the job, we should be ashamed. The Council should be ashamed of themselves to let people go like that.” A couple of years ago the Council said, “if you want good people you have to pay them.” “We have good cops and you have to pay them what they are worth. It is a kick in the teeth to the citizens to say we are 20-30% higher. I don’t believe it. I think it’s a lie. People have been misled. I’d like to keep these guys. You can’t replace them for 35 cents an hour anywhere.”

Comm. Flanagan MOVED to enter a non-public session at 8:07 P.M. for the purpose of personnel and legal matters. SECOND by Comm. Stenhouse. The motion PASSED by roll call vote, Comm. Stenhouse-yes, Comm. Flanagan-yes, Chairman Dumont -yes. The non-public session closed at 8:16 P.M. on a MOTION by Comm. Stenhouse. SECOND by Chairman Dumont and PASSED unanimously.