Police Commission Minutes 06/15/05

The Rochester Police Commission held their regular monthly meeting on June 15, 2005. Present at this meeting was Chairman Dumont, Comm. Flanagan, Comm. Stenhouse, Chief Dubois, Capt. Allen, Capt. Taylor, Capt. Callaghan, Attorney Grossman, and Secretary Warburton, members of the Department, the public and the media.

Commissioner Stenhouse wished to comment on the minutes, on page 3, the discussion between the Commission and IBPO President John Harding on the use of compensatory time. It says ‘he said putting the past practice argument momentarily aside, the FLSA has determined that to deny compensatory time off and replace with overtime is not an argument for a department, under disruption of services.’ What he actually said, I believe was “under the Brookline case to deny compensatory time off, in order not to have to replace with overtime, was not an argument.” In other words, you couldn’t use as an excuse the reason that you could not give comp. time was that you’d have to pay overtime.

Comm. Stenhouse stated he is not suggesting that he agrees with Officer Harding, but to better clarify what was said, it would be appreciated if we could change that in the minutes.

Comm. Flanagan said that he has changed his mind. He would prefer to allow officers to continue not wearing hats on MV stops. Comm. Stenhouse responded, like a sidearm, uniform, and car, that a hat is part of a police officer’s kit, as it were. There were arguments regarding blind spots, and I find that difficult to fathom that would actually be the case. The baseball players were all wearing hats at the game last night; it didn’t stop them from fielding 100 mph’s balls and line drives, even playing at night. I would need a stronger argument, personally, to not require the use of hats, than I have heard so far.

B. Water Dispenser: Capt. Allen reported this has been on the table for two meetings. We got a price list from Poland Springs, which essentially gives us three options.

(3) For $399.00 per unit (two) we can install water cooler dispensers, hooked into your existing water supply, it runs through this system and is filtered and cooled. There is no ongoing cost, except for filters every few months. We could rent the unit for roughly $25.00 per month, but by the second year, you could own it.

Comm. Flanagan stated the prices he received ($404.00 year, with free dispensers) came from Vermont Water. Did we call them? Capt. Allen advised that he did not.

Comm. Stenhouse stated with the 50 employees he has on site where he works, they have at least five of these units and they go through two 10-gallon bottles, per week for each unit. It seems unlikely they (Vermont Water) could do it that inexpensively. Comm. Stenhouse stated that his objection to the water discussion was purely philosophical, because the City is in the water business and it doesn’t set a good example.

C. Facial Hair Program: Date of expiration. Chief Dubois stated we started this program in 2003, as a charitable venture, and we raised funds that year designated for the food pantry, raising just under $3,000.00 that first year. The Union asked for our support again the following year. We had some problems the first year with the hair getting long, full beards, as opposed to goatees. There was discussion at the Commission level, with hesitation on my part, but we ended up trying the program for an additional six months, increasing the participation amount but allowing for the charity of the officers choice. Those problems we had the first year with length and full beards were rectified within the first six months of the second year and they remain rectified.

The original intent of this program was to raise funds for non-profits in the area. The second year we have raised approximately $1,300. 00, and I will tell you, just for an example and for no other reason, $500.00 of that $1,300.00 came from me [Chief Dubois]. There was a very small participation on the part of the officers to support the community.

Based on the lack of participation in raising funds for the non-profits, and the fact that even though the beards are within our standards that we set, there is still a segment of the community that is concerned with police officers looking like that. We still get concerns from the public from time to time. If this thing was raising five, six, seven thousand dollars a year to help people, I might feel differently about this, but it’s not. Without my $500.00 this thing only raised $800.00. For that reason I don’t support it. However, I will do whatever the Commission would desire.

Chairman Dumont MOVED to abolish the ‘Hair because we Care’ program. SECOND by Comm. Flanagan. The motion PASSED unanimously. The program is set to end as of July 1.

A. Retirement Recognition, Specialist Edith Lewis. Chief Dubois thanked everyone for coming and said although we would prefer to do this at City Hall, another meeting conflicted with ours, but that does not lessen the importance of what we hope to accomplish this evening.

We wish to say thank you to a long time city employee. Several of Edie’s co-workers’s indicated they wish to step forward and speak about Edie. The first is Jayne Young, Edie’s direct supervisor.

Jayne Young said she would like to speak about the CPR’s of Edie Lewis; Compassion, Patience and Respect. She said Edie’s COMPASSION is never-ending; her PATIENCE is the difference between being a call for service and knowing that you matter; and her RESPECT for her work and for the citizens of the city leave an indelible example of what we can all aspire to. She said there are many more words that can be used to describe Edie Lewis, but these are the ones that bear witness to Edie’s essence. Jayne said “Edie, you have started our hearts beating, and restarted them at times when they seemed to harden. Our hearts will continue to beat because you have shown us the way and how you did it “more than right” by people. We love you and miss you every day.

Chief Dubois said those are some outstanding words from the line supervisor. The law enforcement profession is a family, and the communications specialists are a family within that family.

Chaplain Lachapelle stated that he has known Edie for many years when he was an agent for Prudential Insurance. Twenty years ago Ken Hussey was the Chief when Edie came to work for us. Throughout her 20 year career and all the adversities she has worked through, she always came back, with a smile and a pleasant attitude. I really, really want to wish you all the love in the world, good health and continue to come back and see us. Chaplain Lachapelle offered a special prayer for Edie.

Carol Griffin came forward to address Edie. She said she is there on behalf of the RPBA thanking her for all her years of service. We have a card and gift for you.

Personally, from me, I want to thank you so much for making the five years that I have been here so wonderful. Getting to know you is the greatest thing in the world. Your advise, your wisdom, I can still hear you say, “Well, Carol, let me tell you....” and just after that you would have this wisdom. I have told you things I have never shared with anyone else.

You are the most honest, wonderful, loving caring person and I miss you. Friday’s are not the same without you and neither are Saturday’s. What Jayne said was so outstanding, so wonderful and it was just the truth of everything. Your customer service skills over twenty years are so outstanding. And everyday I think of that when I am dealing with somebody that’s a little cranky about how wonderful and great you were. You were there, every single day, always, never out. I will never ever forget that. I just love you so much. You are the best friend anybody could have. I sure wish we could all be like you. Thank you.

Chairman Dumont said Edie, what else can we say about a person like you. You’ve done it all for us. It’s extremely hard to replace a person like you. I wish you so much good in your retirement. Take it easy and God love you.

Comm. Stenhouse said I’m not speaking as a Police Commissioner. I worked for the City for over nine years. It was an honor and a privilege to work with you all those years. You were a class act in the police department. From time to time we might get complaints about dispatchers but never anything but the highest of respect and regard for you. It is an honor and a privilege to have known you.

Comm. Flanagan said, well, Edie, being a man of few words, I’m going to tell you; there is an opening in Communications! If you’d like to try for another twenty, we’d be more than happy to have you.

I first met Edie when she first came to work for the City under Ken Hussey, when I was on the police department myself. I’ll just ditto everything that has already been said. You’ve always been kind, courteous and a polite person. Sometimes, when you get a bad phone call, the one after that is the recipient of bad feelings, but you’ve never done that. I’ve never heard anyone say anything bad about you. I congratulate you. It’s a long, long time you were here. Think of us often, but not too hard. Enjoy your retirement.

Mayor Walker said I have never met you and don’t know you personally, but I have heard a tremendous amount about you. Everything I have heard is fabulous and everybody loves you. Twenty years of compassion, being a common voice in all kinds of emergency situations is tremendous. On behalf of a very grateful City, I present you with this token of the City (a blanket depicting the City) and our appreciation.

Chief Dubois asked Chairman Dumont to make a presentation on behalf of the Commission. As with police officers that have attained twenty years of service, we have a plaque honoring your years of service. This is presented to Edith Lewis for twenty years of dedicated service 1985 - 2005. God Bless you dear.

Chief Dubois took an opportunity to say a few words. On behalf of the Department, as your Chief, and also from Dave Dubois to you. When I started on the Department you weren’t here yet. The one specialist that was here, and is still here and outranks you, so to speak, was Mrs. Douglass. We appreciate having your peers who worked so closely with you here. The communications staff was very small when you got here. I remember the days when Eileen was the only specialist in the City. We’ve come a long way since then.

The importance that all City staff adds to the Department is sometimes not understood by the public in general, or even by the police department. I didn’t understand it as a police officer, for many years. It probably still isn’t fully, but I think I have a better understanding of it today, than I did as a young officer. All members of the Department are extremely important to the mission that we supply to the City.

The specialists play a particularly special role. They’re the front line of our contact with the community. The tones that you set with people on the phone set the tone that the officers’ are going to have to deal with when he or she arrives on the scene. It really sets the ball rolling for our service to the public.

You, as Carol said, have been a model communications specialist for your entire twenty years with us. I can tell you that as a police officer responding to calls that you dispatched me to early in my career, to my role now as the Chief of Police who takes in the compliments that the public continually gave us, on your service over the years. I don’t remember one single complaint being filed against you by a member of the public in your entire career. There may have been some before I got in a position to know about them, but I certainly have no memory of any, and that is saying something, given the volume of calls and the types of things that you deal with in the City over the past twenty years.

As an officer, hearing your voice on the other end of the radio, I want you to know, you brought me home, safe, many times, as you did for many officers throughout their careers. They may not say it. I never said it, but I want to say it now. I appreciate that. My family appreciates that. You probably can’t understand what a police officer feels knowing that there is a competent person at the other end of that radio. When you’re going to a hot call and you need back up, you were always a calm voice that I always had confidence in was going to get me home safe, and I appreciate that on a personal level.

The other thing I want to relay is your role with respect to the things that you deal with. You deal with the same issues that police officers deal with, the suicides, the homicides, and the babies that get hurt, the bad car accidents, and the people that are rude and obnoxious, for whatever reason. Those things become second nature to police officers and they also become second nature to communications specialists.

As a Police Officer and as a Chief what I have noticed is that has added greatly to this department over these years is your ability to deal with all those horrible things and still bring a balance of what the real world is like, to the rest of the world that doesn’t experience these things on a day to day basis. Having people like you, and Carol, and Eileen, Jayne and the others, in the building that can see the things we see and keep us in balance is extremely beneficial to law enforcement and they help this police department do a good job.

You are one of the best at it. You’re the first I have ever seen retire from it. You’ve come through a profession and a career that, quite frankly, most people can’t do. You are the first in my 22 years, with the exception of Eileen, who had a bit more time on the job than you, who has gone the distance, in a tough, tough profession. You did it with dignity, you treated people right all the way and I think you helped this police department do a better job. Hopefully that provides you with a bit of the gratitude that I feel toward you, professionally and personally. I sincerely want to thank you and I wish you all the best. I love you and miss you and wish the best in the future.

Specialist Edie Lewis said I’ve got a few thank you’s that I would like to say. First, I want to thank the City of Rochester for giving me the opportunity to do a job that I have really loved doing. I’d like to thank the police department, my coworkers, fellow dispatchers for supporting me and being with me through the good times and the not so good times. I’d like to thank the fire department for showing me that you can teach an old dog new tricks, and for our public works department for being there to help make my job a little easier. Last but not least I want to thank all of the Project Good Morning people that call here every morning, which brought me so much pleasure. And thanks to all of you.

Comm. Flanagan MOVED to accept the resignation of Officer James Cormier and also with regret but gratitude the retirement of Specialist Edith Lewis. SECOND by Comm. Stenhouse and PASSED unanimously.

C. Maintenance Bids: Bids close 6/23/05. Capt. Allen advised these are the general maintenance bids that we have with various vendors, for things such as cruiser maintenance, car washing, clothing, etc. We have gone out to bid; those are set to be open on June 23, 2005. An additional bid, which is not on your list, is for a plasma television monitor for the AVL/GPS system, for dispatch, for the mounts and screens. Comm. Flanagan asked if Jiffy Lube had been included in the bid process, as a few years ago, they made a presentation to the Commission regarding this. Capt. Allen responded that all local vendors offering such services were sent copies of the bid packets.

1. SAFE Team Grant. This grant is a dollar amount, through Homeland Security, direct awards to all tactical teams in the State. There are no matching funds. Our share in this round is $21,053.84. That has to be used by the tactical team for equipment. In addition to that there is $6,153.84 to be used for approved training programs authorized by the Homeland office. We would ask the Commission to accept those grant funds. They still must go before the Council for acceptance also.

2. Homeland Security Grant. The second grant is the 2005 Homeland Security Grant. This is a competitive grant process this year, not a direct award to the City. The staff has decided to apply for a front-line command post vehicle for the patrol bureau. We are looking at a Ford Excursion type of vehicle equipped with all the communications equipment, safety equipment for officers, fingerprinting kits, barricades for traffic control, all the logistical equipment that a critical incident scene might need.

There were some concerns raised by the Council when we presented this to the Council. The acronym that was used in the memo, which was a CBRNE, a response vehicle, was taken out of context. That’s an acronym the homeland security department uses. Any type of equipment we buy through that program has to fall under one of those categories in that acronym, that’s why it was listed in the memo that way. Therefore, for clarification purposes we are not buying nuclear supplies, we are not buying radiological supplies, such as was mentioned at the Council meeting by a couple of Councilors.

Comm. Stenhouse noted that the majority of the Council thought the purchase was a good idea. Capt. Allen confirmed the Council did approve for us to apply for the grant funds. As soon as we get word if we are accepted, we will have to come back to both the Commission and the Council to accept the funds.

3. Byrne Grant through County. The final grant is the Byrne Grant, the JAG program; this is now a combination of Byrne Grants and LLEBG monies, into one program. The award has been given to the County, not to local jurisdictions. The County has chosen to distribute those funds, and our share is approximately $16,000. We are applying for those funds and our plans are to upgrade the hardware and software in both the lecture hall and conference room 3 with audiovisual equipment to enhance our crime mapping capability and crime analysis process. We are putting the proposal together for the county now. We are asking for the Commission’s authorization to apply for those funds through the County and sanction the requested items for said grant.

1. SOP 7; Juvenile Operations/Juvenile Custody. Capt. Callaghan updated the Commission on these changes. SOP 7 deals with juvenile custody, status offenders, such as runaway or truancy violations. We will hold these status offenders in the interview rooms off the lobby. It follows state law keeping them away from the public, and not in a locked facility. That’s the only change. Attorney Grossman confirmed that he reviewed and approved the SOP from a legal standpoint.

2. SOP 14B; Deadly Force/Critical Incident. Essentially all we have done is include the critical incident definitions to this policy, to cover a serious incident that would involved emotional stress, not necessarily an officer involved shooting, but the witnessing of a critical incident. We will grant administrative leave to officers involved in those types of situations and have them undergo a debriefing with a psychologist within twenty-four hours. We had such an incident earlier this year where a person shot himself in front of two police officers. It was suggested to add this to our policy after that incident.

Comm. Stenhouse asked if this is covered under the employee assistance policy? Chief Dubois said it is, to an extent. That covered an officer-involved shooting, getting officers adequate psychological help. What we found from this incident is that officers witness traumatic events and we didn’t have any guidelines on how to handle that. We suggested and recommended from this incident that these officers see a psychologist, and they did. The psychologist recommended we add this to the policy. The EAP Program is still in place and has nothing to do with this.

1. Patrol Bureau: Capt. Taylor reported that a few highlights from his bureau, that vandalism is on an increase, attributed to some paintball and graffiti incidents. Officers have been using this information through field interviews and teamwork have affected an arrest of a suspect in the graffiti incidents. We are using a white board in the briefing room to get current crime information out to the officers. Each briefing new updates and changes are added to the board. It’s been working very well.

Motor vehicle activity, arrests and summonses remain high over all. Traffic stops are up by 36% over 2004. The officers are doing a great job in that area. Route 11 had the number of accidents down again this period. It was suggested the light at Little Falls Bridge Road has made a difference. There is also discussion of a movie theater being put on Crane Drive, behind Granite Ford. That may add another light to that area.

We have increased our presence in the downtown. We had 29 hours there during the month of May. We have hired our parking enforcement officer and we anticipate an increase in square hours and parking compliance issues.

2. Investigations Bureau: Capt. Callaghan noted that our drug unit has been consistently active the past two months, concentrating on what we refer to as open air drug markets in apartment complexes, most of which are located in the downtown area. We focus on these because research shows that much of these environments lead to quality of life issues such as thefts, robberies, fights, public urination etc.

Some of our recent arrests include Hanson Street, problems with littering, fights, juvenile problems, we made an arrest near the high school a few weeks ago, netting a half pound of marijuana, a robbery arrest over the weekend that was tied directly to drugs outside the downtown area, a burglary arrest from Aroma Joe’s kiosk on Milton Road the person was arrested with drugs. We are very happy with the work the unit has been doing. They’ve been working closely with our K-9 in these areas.

We hope in the next few weeks we will be the test case, and first Dept. in the state to enter information on line through HIDTA (High Intensity Drug Trafficking Area). This is a secure database that we enter a suspect’s name and any other Departments in the region that have had contact with this person, we will get a “hit” response. This is huge with regard to information sharing, but also officer safety.

Chairman Dumont asked if we have received a request from our schools to have our K9 go through the school? Capt. Callaghan advised not at this time. Chairman Dumont commented he’s still waiting. We can send our K9 everywhere else, but our own schools.

Comm. Stenhouse shared that there is some good information on ordinances regarding making absentee landlords accountable or culpable for some of the activity in their buildings for failing to keep sound properties. Their lack of concern for the property upkeep encourages bad behavior. Capt. Callaghan advised that our SRO is working some of those very issues this summer. He has taken some patrol shifts, but is also working in ISB, and with Code Enforcement in these areas. Comm. Stenhouse suggested that we check with the City of Franklin to see what they might have to share. This ordinance supports the building codes, but is geared to the law enforcement perspective.

3. Administrative Bureau: Capt. Allen reported that the 05 operating budget is in real good shape. We are about 93% spent and we anticipate a surplus at the end of the year. An exact dollar figure is not currently available. Our overtime line is slightly overspent.

Chairman Dumont said the staff should be congratulated. It was a lean budget to begin with. Capt. Allen concurred, saying the restrictions that we put on overtime and time off and so forth through out the year significantly impacted that, even though we are slightly over, we are well below where we were last year at this time.

Chief Dubois noted that has not come without a cost. We’ve had calls that had to wait, such as the level three calls. We are consistently ending shifts with numerous calls pending for longer than we would like.

Another area we are working on is a new method for tracking time and attendance. We’ve had some problems with our existing process where we fill out time slips for regular hours, over time, time off, it’s really a cumbersome process that needs to be streamlined. We are working with the business office and we are almost ready to implement, at least on a trial basis, a general form that each employee will use weekly. We will get a copy to the Commission once the form is final. We will test it to see. This is one of the recommendations that came from the auditor’s report.

With regard to technology updates, the Reverse 911 system will be installed on June 28^th, with training on the following day. All specialists should be trained and we anticipate going live in July. Lastly, the BioKey project is moving forward. The company will cover maintenance costs and we are in the process of ordering the hardware. We anticipate a July date of installing the server and hardware to get the system up and running. There is still some work to be done on infrastructure with Verizon that may take a couple of months. We are working through these procedural issues.

1. Comments at Council Meeting. Comm. Flanagan noted that he takes exception to Councilor Grassie’s statements the previous evening that we do not need another police officer to do Internet crime. I don’t know if it was the presentation or what, but I take exception to his comments. I don’t think that would have been the sole responsibility of that detective.

Comm. Flanagan said, “I’d like us to look at this again and represent it to them. We need that person.” It’s a disservice to the taxpayers of Rochester and I am not satisfied with the answer from the City Council.

Comm. Flanagan responded absolutely. I would like to see people call their councilors, people who know the responsibilities of this Department, how much work we really have to do, and suggest that the taxpayers, voters and citizens call their councilors and tell them how important it is to have enough officers. I commend the output the Department does with the resources they have. They get a hell of a bang for their buck.

2. Non Union Benefit Contract. Comm. Stenhouse advised that he would not discuss the non-union benefit contract in non-public session. The Council has adopted it, so it is a public document, and any discussion we have, I can do in public. It’s on the non-public session draft agenda and I think that’s an improper use of non-public session. Chief Dubois advised it’s on non-public because he told the recording secretary to put it there.

Comm. Flanagan MOVED to adopt the non-union benefit package, as proposed by the City Manager and approved by the City Council. SECOND by Comm. Stenhouse. Open for discussion.

Chief Dubois stated the document highlights what the City Manager proposed for the rest of the City, and you have how our current package differs from that. We are looking for uniformity with how the Commission wants those to read.

Comm. Stenhouse noted the City Manager’s document was a good one and he was happy to see that the financial package for most city employees was about to improve. He commends the City Manager and the City Council for that.

Chief Dubois asked for clarification for the remaining differences in the two documents. Such as the clothing allowance. The Commission noted they were talking about the pay portion only.

The motion to adopt the pay and benefits portion of the non union benefit package, as proposed by the City Manager and adopted by the Council, PASSED unanimously.

A. Appreciation and Recognition. Letters recognizing Department members this month include: Capt. Susan Forey of NH State Police DARE unit thanks Chief Dubois for letters of support sent on behalf of DARE NH to Congressional delegates. Officers Bonneau, Lambert, Moors, Ouellette and Sgt. Thomas are thanked by the Stanley family for assistance with a difficult family situation. Brigadier General Richard Sherlock thanks Chief Dubois for his support of (Officer) SFC Eric Ball during his service with Operation Iraqi Freedom II. Off. Mundy is thanked by Lt. Dumas for extra effort applied during a phone harassment investigation.

Comm. Flanagan MOVED to enter a non-public session at 9:15 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.

Comm. Stenhouse MOVED that based on a passing evaluation, as outlined in the Union contract, a merit increase is granted to Officer Justin Livingstone. SECOND by Comm. Flanagan and PASSED unanimously.

Comm. Stenhouse MOVED that based on passing evaluations, that the lump sum merit adjustment be made to Captain Mike Allen and further that Chief Dubois be granted a merit increase, as shown on his evaluation. SECOND by Comm. Flanagan and PASSED unanimously.

Comm. Stenhouse MOVED that under the new merit system, the following employees; Lt. Paul Toussaint, Capt. Mike Allen, Capt. Jeff Taylor, Capt. Paul Callaghan, and Chief Dubois shall all be granted merit increases as shown on the respective evaluations. SECOND by Comm. Flanagan and PASSED unanimously.