Police Commission Minutes 08/08/05

The Rochester Police Commission held their regular monthly meeting on August 8, 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.

Bob Constantine. I’m the President of the Rochester Land Lords’ Association. I am not entirely sure of the body of the ordinance in front of us, but I do have some concerns and questions, as do a large number of the people here with me tonight.

Comm. Stenhouse responded, stating that he works for a company that also represents the City of Franklin. Last year, Franklin adopted an ordinance, called the disorderly residence statute. We suggested that the Department look at it, simply because sometimes, landlords are less than cooperative with the authorities in Rochester and in other cities. This ordinance does not remove the responsibility for bad conduct in any way, shape or form. It is meant to increase awareness of the landlord. You have a responsibility to whom you rent to, [I have been one in Hartford, CT., so I know what I’m speaking about] some responsibility toward keeping your property in some sort of order. Before you make a value judgement, I ask that you look at the ordinance, see how it works, see if its’ overbearing or not and then form a judgment.

Capt. Callaghan said the ordinance is at the birthing stage. For an example, if we respond to the same residence three times in one month, we’d want to bring in the landlord to meet with various city boards, including police, fire, codes, economic development and planning to work with them to curb those problems. We are looking for the landlord to come up with a plan to make the residence less disorderly. If we have five or six calls in thirty days, the Franklin ordinance states you could be fined, up to two thousand dollars.

Mr. Constantine asked, how does it impact current governing statutes? What if it’s just not a good tenant. Are we going to be suffering a fine at the same time as we are working on an eviction, while he’s telling a story to the judge, who gives him 90 more days?

Comm. Stenhouse he does not believe Franklin recommends the fine. “As a member of this Commission, any landlord who has filed eviction against a tenant we would not move forward as you are at the mercy of the courts.” We have had instances where landlords have not done that.

Mr. Constantine said the landlords don’t like disorderly conduct either. It’s not good for us. We are on board with the cooperation with the police, but it feels that this ordinance distances the culprit from the act and puts the responsibility on the wrong party. Is there a dual citation for a disorderly act by the tenant? Maybe the tenant doesn’t like the landlord and maybe they are working against the landlord while the landlord is working with the police. Will they be cited too?

Chief Dubois responded. This issue came to the attention of the press recently and they called me. The Press indicated the landlords’ association had concerns with this. Please understand. This is very, very premature right now. This ordinance has not even reached my desk, let alone reached the Commission or Codes office. We propose instead of answering these questions unprepared, to invite you folks to the table to help us create this before it comes to the Commission and Codes.

Mr. Constantine stated he personally would be willing to work with us. Off the cuff, the Association feels this probably is not a good ordinance for a host of reasons we are familiar with as landlords. I know we favor cooperation, but we are concerned with having this go through without being thought out.

Comm. Stenhouse said, we would like to work with you on this. You and I both know there are mostly great landlords, and then there are some very, very bad ones, in this and in other communities. The further out the landlord gets from the property, the more the potential for problems. If the landlord lives in the same house, there are fewer problems, because they have to live there too.

Comm. Stenhouse said, as the Chief suggested, work with us. If you don’t like the product you see in the end, come to a hearing and make modifications. We can even withdraw it. This was simply suggested based on the work I was doing in another community, where the ordinance passed constitutional muster.

An argument has been made on the facial hair regarding professionalism. The real question we should be asking is, “does facial hair affect job performance?” We have been wearing the goatees for two years as a fund raiser. I don’t believe it has affected the way police officer’s treat the citizens, or that it has contributed to poor job performance. There have been arguments on both sides pro and con for the facial hair. But does this honestly affect how we perform or treat citizens? I don’t think so. Do citizens’ take an officer with facial hair less serious or see them as less credible? If your doctor has facial hair, are you less likely to believe him, or her?

In society today, some people with facial hair include doctors, lawyers, administrators, even our own City Manager. Past President’s of the United States have worn facial hair. The Boston Police Department has a policy allowing facial hair. Facial hair is accepted in most professions. Police work has changed and is ever-evolving. Officers are human. We shouldn’t be looking at preference, but rather if it affects job performance. I’d be interested to know how many instances over the past two years an officer’s facial hair has interfered with the way they perform their job.

Stacy Gilman. I am a resident of Farmington and a landlord in Rochester. I’m the gentleman that notified the press when I saw this in the minutes. As investors in real estates, I have a couple of questions on the ordinance as I read in the minutes. “Improve the quality of life -- I don’t know what that’s for.” As real estate investors we spend hundreds of thousands of dollars in this community at places like Home Depot, WalMart, water bills, sewer bills, tax bills. This ordinance will seriously deter investors coming to Rochester. I don’t want to be held responsible for my tenants. I get calls at 2:00 A.M. I have let the Department use my properties in the past for operations. I would be happy to do so again.

Donovan Funk. I am an employee of the City. I have a letter here from some of the Union folks who couldn’t be here and they asked me to convey their thoughts. The facial hair program was started a couple of years ago as a fund raiser. It was well received and a morale booster for those that participated and for the entire Department, as it was one of the few times we had positive public feedback from something that had nothing to do with police work. Officers raised money to support charity and my morale went up any time I got to explain to the public about the facial hair.

Morale has decreased since we suspended the program. Understandably, there is not one thing we could do, that would increase the morale for every member. But its little things, like facial hair, jeans on Fridays, riding motorcycles, that makes work more enjoyable. The money was well received. We did have a large turnout the first year, but three of those officers retired in the second year. The first year we were able to solicit funds. The second year we were not. We collected what we could, in the midst of stalled contracts. We project donations this year to top at a minimum $1500.00, and if the SOP cannot be changed to permit facial hair, that the program still is allowed, by making donations to charity.

From a personal standpoint, I [Don Funk] come from a family of traditionalists. I have worn a uniform my entire adult life. There is a bit of a struggle in that for eight hours you are attached to the City and for the other 16 hours you are struggling to be part of society. The ability to grow facial hair puts us back into society as a mix – makes us feel normal. I work very hard to be off duty when I am off duty. I fail to see this as an enormous issue and I think it would increase morale.

Dennis Sharkey. I’m a resident of Farmington. My brother and I own properties in various places, including Rochester. My initial concerns, it seems to me, you say I’ve got to screen tenants better and keep it happy for everybody, but to me it seems you are encouraging and promoting discriminatory practices. I can’t say she’s got kids don’t rent to her. Unless you are ready to change some of the other laws, I have to take this tenant, whether they are Section 8, Black, have kids, or live on Lafayette Street. To me it seems this is going way too far to the edge, as on the one hand I have to take these people and on the other I’m being told I have to screen my tenants better.

Comm. Stenhouse responded, “I don’t recall any one of us up here saying you should discriminate against African Americans, or someone poor, or women with children. Don’t put that on this Commission.” I am saying if you have someone living there whose behavior is prone to playing loud music at 2:00 A.M., then you should do something. No one is arguing that you should discriminate against Latino, African Americans, women with children or persons on Section 8.

Comm. Stenhouse said we would like you to work with us when and if problems occur on your property. Work with us to resolve those issues. We would like your input to try to develop something. I find it interesting when anyone is opposed to something they haven’t seen it yet. We ask that you give us a chance to work with you. If you don’t like it and you don’t get input and we’ve done something not to your liking, come in and oppose it. But, give us the opportunity to work with you.

Mr. Sparrow said it seems that it should be put the other way. What can we do? Yes we own the property. No one wants trouble. But as an extension, what can you do for us. Our hands are tied and it is extremely difficult, when a judge can only do what the law allows. I’m getting the impression that I’m going to be held accountable, regardless, when sometimes, our hands are tied.

Comm. Flanagan stated that he would expect the four landlords who spoke this evening to be coming to the table to work on this with us, as well as any other landlords that want to be involved. Help us shape it. It may be good for that community, but not good for here. Your input and our input should allow us to craft something we can all get along with. No one is looking to fine you for something you can’t control.

Comm. Stenhouse stated that the major benefit is the increased dialogue between the landlords, the police, codes, to work together in situations that are not necessarily adversarial. Right now our contact with you is when you call us with a problem at your property. Ongoing dialogue will stop that before it builds, before it starts, before it has to be done in the purview of the court.

Chief Dubois, wrapping it up said, this was really a simple request at the Commission level and has been under study ever since. It has gone way beyond where it should be at this point, as the document has not even been submitted. We had planned to get together with you and like groups prior so this is really premature. If we could accomplish one thing tonight that would be to get a confirmation that you folks will come to the table and help us develop this thing.

A. Maintenance Bids: Review and Award. Capt. Allen reported this was held and went back out to bid following the last meeting. We are recommending the bid to Granite Ford, understanding they have a higher hourly rate. The other bidder still does not have an ASE-certified mechanic on duty, and they have only been in business a few months. With the lack of certification, we don’t feel it’s appropriate to award them that bid. We do not feel the increased hourly amount will significantly impact our funding.

B. Review of SOP 21, Personal Appearance: Request by Local 580. Comm. Flanagan stated he would like to thank Off. Eric Babine for his wonderful presentation on this issue during public comment. The current SOP states there will not be any facial hair and I do not disagree with that. However, I believe that we should go back to the

donations, like we did before, let them have their facial hair, as long as someone will benefit. I would stipulate to do this with a minimum of three thousand dollars to be raised. You will not be limited as to whom you can solicit to help. Thus, I don’t want to change the SOP, but make an addendum to it, allow this for another year for donation to a charity of choice.

Chief Dubois stated, “that’s an option. If that is done, I want to remind you that that’s what we did.” There is a strong feeling that I am hearing from union members there is a “right” so to speak, to grow facial hair beyond a program. They want to extend for a third year something I feel we can control by law and policy. The longer we do something temporarily, the more permanent it becomes.

From a professional standpoint, what image do we want to project? Some complained about them, and some didn’t. In the Department it was split. Some of the comments by the local tonight, I take exception to. “It’s going to raise morale?” I am nervous about that being a reason to change policy. Facial hair today, what tomorrow? This is clearly a management right to control. If we are making a change that this is the image we want to project, I’d support that with no concerns if the Commission wants that. If we are doing this to placate or satisfy what is termed as a morale issue, we should proceed cautiously.

Comm. Flanagan stated he is willing to waive it with the stipulation as noted. The Union and all of them know we are altering this to benefit someone else. I don’t want to change the SOP. Eric Babine made a nice argument. But I think every PD has a right to make their own regulations. But, if someone is going to get three thousand dollars, I would waive it.

Comm. Stenhouse said he has a different perspective. I’m not sure that charity is a reason to change anything. The question is whether facial hair has become a contemporary part of American culture. Is it acceptable or does it detract from the professional image of a police officer? Not whether its Gerry’s food pantry or the like benefitting. I’m rethinking my original position that it has no place in police work. I haven’t completely formulated this yet. This Department and Commission have a perfect right to say no facial hair, include mustaches.

I know of several respected police departments that do allow facial hair or neatly trimmed mustaches. I haven’t had a chance to think it through. Either the wearing of facial hair is acceptable in modern police work, and it doesn’t detract from the image they wish to portray, or if it does. We need to hone in on the policy aspects of this. Either see us revamp the SOP or leave it alone. We should table this for thirty days and think about it whether to change it or not. I would be interested in the number of Departments that do allow it, in addition to use. Research what policies they may have to give us some guidance.

2. Introduction of Department members. Chief Dubois along with Chief Sanborn and Assistant Chief Peters welcomed new staff to the Police Department and introduced new staff. As noted Officer Steven Bourque and Officer Aaron Garneau took the oath of office for police officer. Also introduced were Parking Enforcement Officer Tina Desjardins, Patrol Secretary Jade Lambert, Court Diversion Coordinator Deborah Houle, Martha Swats Communications Supervisor, and Communication Specialists Andrew Neal, Helen Leonard, Stacy Campbell and Tom O'Connell.

Chief Dubois said that in the past several months, we've been doing a lot of hiring in the department. Hiring and retaining qualified personnel is one is one of our major goals for the next year. The Communications Center is up to staff with members in training, and we have one vacancy still in the patrol division. The opportunity to introduce these members puts faces to names.

Officer Bourque previously worked for the Somersworth Police Department, coming to us with 15 years of experience, holding various training certifications. Officer Garneau will begin the Police Academy later this month and following that will be in the FTO program.

Martha Swats comes to us with experience from Hopewell, VA Police, where she was an Administrative Services Manager, which is a civilian position that would equate to an administrative Captain. Hopewell is close in size to Rochester. She relocated to this area following her husbands Navy career. She holds a Master’s degree in Public Administration and has experience with computer crime analysis. The remaining members of the Communication Center were all hired within the past month and are in training.

3. Presentation of twenty-year Plaque to Sec. Becky Warburton. A twenty-year plaque was presented to Secretary Becky Warburton. In addition to the Commission and Chief Dubois, on hand to witness the achievement was former Chief Dan Auger, and other co workers in the City.

B. Goals and Objectives for 2005-2006. Chief Dubois noted that there are three goals with seven objectives. They are fairly self explanatory but we can review them one at a time. The Commission did not desire to review them individually. Comm. Stenhouse commented that he would like to have them be measurable and to develop them further within the next ninety days.

C. SOP Update: 61; Jurisdiction and Mutual Aid: First Reading. This update really centers around our development of the regional tar team. We have added those agencies to our policy. A brief question arose regarding who is liable if one of our people gets hurt in a neighboring jurisdiction? It was noted that the employing agency takes that responsibility. Also questioned was the agreement with Berwick, Maine. Attorney Grossman advised that we have had that for a number of years and it is covered by state law.

D. VFW Donation: Donation by VFW The VFW recently made a donation to the Department in the amount of $500.00 that we can use how we see fit. We are asking to use the same to further our DARE program. The Commission concurred and accepted the donation, noting the generosity of the VFW.

vandalism was once again high, which we attributed to rock throwing and bb guns. We are doing field interviews and concentrating our efforts to find the offenders. The information sharing between patrol and detectives is an asset in this endeavor. Through Crime line tips we have seized several bb guns, as well as made some unrelated arrests. The number of incidents has slowed significantly.

2. Investigations Bureau: Capt. Callaghan noted that our drug unit has been active. We recently graduated five officers from the police academy and one is out on his own. The others have been assigned to field training officers. We anticipate that Off. Bourque, with his years of experience will be released to solo patrol by the end of the month.

3. Administrative Bureau: Capt. Allen reported that our year-end numbers while not final, projected that we turned back $80,000.00 to the general fund. We are still waiting to hear about approvals on the homeland security grants. The cruisers went out to bid and they close this week. Dispatch modems were installed this week and the vendor is anticipating being up and running by the end of the month. We also anticipate the Reverse 911 to be up and running by the 15^th of August.

Comm. Flanagan asked that we research how expensive it would be to have all the communications specialist’s “cordless” with regard to the center, and not having to plug in each day. A concern being cordless would be the security of the transmitted data.

1. Crime Analysis Job Description. Chief Dubois advised that we have created a job description of crime analysis. When we get up to full staff, we want to consider this position, which would work directly with the Lieutenants in statistical crime data that will allow us to target our resources. We are planning on this position being able to act as station officer during the day shift to greet and direct people, in addition to doing the analysis – essentially doing two jobs. This would be a temporary assignment, as all of those assignments are. We just drafted this on Friday, we want you to have an opportunity to review and provide input.

2. Training Grant. This training grant was approved by you earlier this year, but had to be withdrawn when we couldn’t get the officer into the class. We had to spend the money before a certain date. We reapplied to Police Standards for the money in this fiscal year and the same was granted.

3. Memorandum of Understanding. Comm. Dumont commented that the Police Commission met with the City Manager this past month to discuss ways that we could work with the City Manager, around the charter. We ended up signing a statement agreeing to what our duties as the Commission are. The City Council unanimously voted to accept that agreement. I want to thank the City Council for doing that. This thanks was echoed by both Commissioner’s Flanagan and Stenhouse.

A. Appreciation and Recognition. Spec. Michael Beaudoin is recognized by staff for creative suggestion regarding fireworks information on the voice mail system. Spec. Bruce Daigle is recognized by staff for initiative in designing a training program compliant with communications national training standards. Spec. Bruce Daigle and Carol Griffin are recognized for teamwork together and with E911 handling an emergency regarding an attempted suicide call in a local neighborhood. Members of CORE thank the Chief and Dept. for assistance with traffic for “Moonlight Madness” event. Sgt. Deluca is recognized by Capt. Callaghan for creative problem solving regarding rash of BB-gun vandalism in the community. TEAM Fina (Off. MacKenzie and K-9 Fina) are thanked for their assistance at a family safety carnival Chief Dubois and the Dept. Are thanked by Sally Riley for assistance with Read Across Rochester celebration recently held at High School triangle on Yeagley Way. Off. Brendan Bentz is thanked by Ms. MacKenzie for assistance with a welfare check on a friend. Chief Dubois is thanked by Governor Lynch and the staff of the Homeless Shelter for generosity of time and compassion and work during the recent season.