Police Commission Minutes 02/06/2008

The Rochester Police Commission held their regular monthly meeting in City Hall Council Chambers on February 6, 2008. Present at this meeting was Comm. Levesque, Comm. McManus, Comm. Bemis, Chief Dubois, Deputy Chief Allen, Attorney Grossman, Chaplain Lachapelle, Lt. Anthony Triano, Jeffrey Taylor and Secretary Warburton.

A. Sandra Constantine, 86 Charles St. Rochester. Ms. Constantine thanked Comm. McManus for his work involving the stray cats at a boarded up house in the City. The Police didn't respond as well as I had hoped and Comm. McManus made some calls and only then did action take place. She noted several calls to the police department on this issue that were not in the police log in the paper. Why? She also noted her conversations with Animal Control and the reference to the law A once you feed it, you own it. She received a copy of that law from Capt. Dumas and that is not how she interprets what it says. They were able to collect all the cats and take them to Cocheco Valley Humane Society.

Chief Dubois noted we do redact some things from the log for privacy rights. We don't control what the media decides to print. They get all we are obligated to give them. I've seen notations in the log about this incident. I don't know if those were your calls.

Ms. Constantine said there are tons of stray cats in this community. The Town should be attending to this matter, given the rabies issue. Something needs to be done, but I don't know what.

B. Amy Wheeler 83 Crown Pt. Rd. Rochester. Informed the Commission of the actions of an Officer Deluca, who picks up his child at the same school as her fiancé. She said he started a conversation with her fiancé stating it gives me honor to ruin your life. He is harassing my fiancé for some reason, but I don't know why. It is disturbing. There was a witness to all of this, but she cannot be here tonight.

Comm. Levesque thanked her for coming. He said if you do have a problem, please contact the police department about it, and then if you are not satisfied, then contact the Commissioners. The right and wrong of it goes to the Police first, and then to us.

C. Chip Noon, Director, Rochester Main Street. He said their mission is working together to make Rochester a destination location and a source of pride. I=ve been a conduit from merchants to the police department. The Police Department has been extremely responsive to suggestions we have made and we have better contact now. When I first came on the job, I was told there needed to be more police presence in the downtown. I spoke to Chief and Capt. Callaghan and within days there was a greater presence downtown. That presence has significantly increased in the city over the past year, so that I=m not hearing the issues that I used to, such as folks being afraid to walk downtown. Some of the restaurant owners feel there are too many police downtown.

The Police and Rochester Main Street are trying to make this a place that is safe, pleasant and inviting to work and shop and be entertained. He noted that their meetings are open to the public and they are open to suggestions from the Police, the Commission and the people. He noted particularly the visit of a Resource Team next week from experts around the County who will visit our community, review and provide suggestions and recommendations for us. The welcoming event is Sunday, February 10th, from 5 B 7:30 PM at the Governor=s Inn. It will wrap up on Wednesday, February 13_th, from 5:30 B 7:15 PM

As we go into the spring and summer, we intend to go back to the merchants and talk to them about activity last year. They are the eyes and ears of the downtown. One building owner gratefully accepted the security review by the Police. He didn’t know you did that. I am available for suggestions and I want to hear them.

Comm. McManus mentioned the parking issue that was taking place all during the hostage situation that occurred downtown. You could bring that to the Codes and Ordinances committee and then to the Council for graduated parking fines for repeat offenders.

Mr. Noon stated that he is in regular contact with our parking enforcement officer. The parking enforcement officer is doing her job. He said the person that owns that van was provided with a pass to park in a private lot, but continues to park on the street. Some people you can help all you want and they still don’t pay attention to you. The design committee is taking this up this year with a vengeance. I’ll share my report with the Chief.

A. Area Department Cooperation: Update. Chief Dubois noted at the last meeting cooperation of the Department in the State was an area that was coming to the Commission as a concern. He said, I met with the Colonel of the State Police, the former Executive Major of Highway Patrol. Their opinion is that there is a good working relationship with the Rochester Police Department, and I have had good reports from all of those areas. I restate to you that I am convinced we are doing fine in that area and those leaders have conveyed that to me personally. I’d like to state for the record that we would help any law enforcement agency that requests our help.

B. Department Phone System, Auto Attendant: Update. Chief Dubois stated that he spoke with the gentleman who reported this problem and he had no concerns or complaint. To be frank, he was bewildered as to why it was brought up. He felt he might have dialed a number that got him an answering machine, or voice mail. If people would call the Police Department, sometimes talking to us makes it easier for them to understand, and the conversation is beneficial to us and to them.

We do have an auto attendant. It can be confusing and bothersome to people wait to the end of the options. If you listen there is an option to talk to a live person. We did debate this at all levels before we instituted the auto attendant.

C. Handicap Parking in Private Parking Lots: Update. We had a similar response when speaking with the citizen with the handicapped parking issue. His concern allowed us to remind officers of the ability to write a parking ticket for that issue. Illegal parking is an issue that annoys a lot of people. This person could not help us with respect to when this happened or the location, as it happened some time ago. He didn’t want to do a formal complaint.

He was frustrated in Rochester and in other communities who have said they couldn’t enforce this. I took the time to check our system and we have issued handicapped parking tickets in private lots and we have a record and history of doing so in all the mall parking lots. He had a particular concern with the Walgreen’s parking lot, and we show a history of ticketing there as well.

D. Grants; Highway Safety Approved: Review and Accept Funds. These are grants that were approved by the prior Commission, and now by the State. The Council permitted us to apply for them. The last three require matching funds and we anticipate using some of the Shea-Porter federal money. These will go to the Council now for approval of the money, and we are seeking approval from you as well.

1. Ward One Meeting. Comm. McManus commented that he attended the recent Ward 1 meeting held in East Rochester. It was well attended and we had quite a few officers there. One of the biggest things complained about was the speed trailer, and getting a second one.

It was noted the Department has a speed trailer, but this one is more diverse. We use the one we have quite frequently and we get positive feedback from the community. We used it quite a bit during the detour on South Main Street, to slow people down and educate them. We could use more than one unit at a time, one in the east and in the west.

2. Susan Lane. Comm. McManus brought up suspicious vehicles parking in that area, possibly accessing wireless computer routers. These are older neighborhoods and folks are saying they never see a police cruiser. I told the gentleman I'd bring it up.

3. Speeding Tickets vs. Warnings. Chief Dubois said that we do directed patrols in areas that show high activity in accidents or other problems and we look for results. We do not dictate to officers whether to ticket or give warnings. They have the discretion on how to best accomplish the results. We do track it and on average for every citation we give, there are three to four warnings.

Comm. McManus said that at the Ward 1 meeting, some folks in the City think that certain times of the month there are more tickets given for the fine money. I want to let the folks out there know that Rochester doesn’t have a quota system. The City doesn’t get the revenue; it goes to the Court and to the State.

Chief Dubois said to reiterate that a bit further, if I tried that, these officers have a strong ethical background and they would openly tell me I was wrong and challenge me, and Foster’s might call. They wouldn’t tolerate it if I tried that. I respect the officers’ discretion. They have a lot of responsibility and we hold them accountable for positive results for the taxpayers’ safety, not for monetary reasons.

A. Oath of Office: Anthony Triano to Lieutenant. Attorney Grossman gave the oath of office for Lieutenant to Anthony Triano. Lt. Triano’s family and friends were on hand to witness his achievement.

B. Retirement Recognition: Lt. Jeffrey Taylor. Chief Dubois said that Jeff announced his intent to retire about a month ago. He’s been with us just under twenty years, and spent most of it in patrol. He did a lot in training as a field training officer and coordinating our training programs. Prior to working for us he worked in the corrections field.

You will not find a more even-tempered, fair-minded and easygoing gentlemen than Jeff. It’s been a pleasure to work with him in good times and in some of the tough times we all see in police work. He has had a consistency in attitude and ethical conduct. These are the things that come to mind when I think of Jeff. He’s going to stay with us in a part time capacity, and I look forward to working with him, still.

Chief Dubois presented a shirt shadowbox badge on behalf of the Benevolent Association, along with a card to recognize his service to that group. Chief Dubois also presented Mrs. Taylor with flowers, a small token of our appreciation for the sacrifices made by the family during Jeff’s service.

Officer Taylor said that he has been a fortunate individual to have served this community. It has been a pleasure working with and for some exceptional individuals. He thanked his family for their undying support.

C. Application for Grants: NH Highway Safety for FY09. Chief Dubois said this is a planning document for the next fiscal year funding for the State. We have the approval of the City’s safety committee. We are looking to have bicycle patrols, enforcement of pedestrian laws, funding some bicycle equipment for patrol, added DWI patrols, portable breath testing equipment and a radar unit for the motorcycle.

Comm. Bemis MOVED to approve our intent to apply for said grant funded projects in the next fiscal year. The motion was SECONDED by Comm. McManus and PASSED unanimously.

D. Worthless Check Policy: Review and Discuss. Chief Dubois stated that he submitted a report to the Commission regarding this. To recap, we looked at this policy in 1998 and again in 2003, with the help of the Chamber.

Of the businesses we spoke to during this most recent review they noted the existing policy works for them and most of their checks meet our threshold anyway. For checks that don’t meet our threshold a couple of those businesses screen folks closely, and one doesn’t take checks because we don’t follow up. At least one of them uses the telecheck that verifies the veracity of the check as it is passed. We checked briefly with patrol and investigations regarding any impact a change would have. There would be some negative impact to patrol and support services. There was not a strong desire with the limited review we did this time to make a change. We can do a more thorough look and get more input from the community for a further study.

Comm. Levesque took umbrage with the use of the word worthless to describe these checks. He said it is his duty as a Commissioner to all the businesses in town to make sure we implement something so that people are not going to enter Rochester and feel free to commit fraud by bouncing checks. He noted his prior history with the judiciary committee to get more tools to go after these people. We need a new SOP that approaches this problem and takes care of it, so that people are afraid to bounce checks.

Comm. Levesque said that he spoke to some of the same businesses you [Chief] did and they are happy that you came to visit, but they are not happy with your procedures. They would like a stronger stand in helping them when they have this issue.

Chief Dubois said you are the Commission. We will enforce whatever policy you adopt. He restated you have to watch your resource deployment and balance response times and all kinds of different things. These are time consuming to do. The read I got would indicate the businesses wouldn’t support it. We can do more work on this, or you can change the policy. You legislate it.

Comm. Bemis noted that he talked to a couple of those same businesses, and they commented they liked seeing you [Chief] stop by. Such interaction gathers more information some times.

Comm. McManus stated that he went to Hervey’s today and the one check you looked into Chief, someone made a call and they had their money. That’s all this Commission wants. Easy.

Chief Dubois reviewed that most of the policy is standard. The contention seems to be the minimum value of $100. unless there are several with aggregate amounts.

Comm. Levesque felt the threshold should be lower. Most of the checks he dealt with years ago were business checks, fraud; someone cashing someone else’ check and then the check is reported as stolen. I got no satisfaction from this police department. No help at all.

Chief Dubois said, I wish I could comment, with more intelligence about what happened then. If you want that done, you implement the policy and we will enforce it.

Comm. Levesque said that folks that run small or large businesses, this is thievery and should be treated the same as shoplifting. They should have that protection. It doesn’t mean it’s worthless.

Chief Dubois replied that this is a resource draw and you have to have that available to do that type of call. I hate to come across that this is a value judgment. But one is more preventable than the other. One has storeowners where most have taken steps to remedy this problem.

Comm. McManus stated Hervey’s Tire, Beaudoin Oil, known businessmen in town. Is there a way they could hand you a check, come to the station and if the dispatch person wasn’t doing nothing for a few minutes, or an officer, or your self, and made the calls and the checks clear. How did you do that last one?

Chief Dubois said that we had the investigation already and its’ still under investigation. They had some questions and I asked them to give them a call. I wasn’t aware that it wrapped it up that quick.

Comm. McManus said that someone giving a check that isn’t any good is no different than them holding a gun to my head for the register. They know they are doing wrong, they knew when they wrote the check it was wrong. If we could do something simple, they give you a check and you call the person up, once or twice, or we’ll sign a charge.

Chief Dubois said that could be interpreted as coercion from a government agency. There is due process and constitutional rights and you have to be careful about using the muscle of the badge to coerce behavior. This can easily be misinterpreted. There is a lot of work that has to be done to legally bring a charge. It’s not that simplistic.

E. FY09 Budget; First Review. Chief Dubois stated that we worked on the 09 Budget with the City Manager today. We are looking to continue some redeployment to put officers on the street and requests we built into the budget will help us do that. Staff and workload analysis shows we are behind where we would like to be particularly in patrol services. We had a good discussion and the City Manager has asked me to rework some things and get feedback from you.

Comm. McManus noted that these numbers could change. Chief Dubois replied they will change, and he will keep the Commission apprised. The City Manager has already made it clear not all that has been submitted will make it to the Council.

Comm. Bemis inquired if the City Manager cuts the budget, or can the Commission do it now? Chief Dubois replied that the Commission can discuss it and give direction, but the City Council has the final say. The City Manager looks at what we submit and he presents a budget he feels comfortable with. He is not done looking at this and you can provide input, discuss modifications. He gets a final staff look at it, but the Council has the final decision.

Comm. Levesque noted that as Chairman of the Commission he has appointed an advisory review committee, consisting of Comm. Bemis, Julien Savoie and David Walker to review the Department Budget and requested a motion to that effect.

Chairman Levesque commented that this will give him another perspective and noted that he has an issue with his eyesight that makes it difficult for him to see small print. He wants to use folks that are interested in public service and he is looking forward to working with them.

F. Three Year Plan: Review. Chief Dubois said this is another document that gives the Commission insight toward what we are looking to do. We do this each budget session, and can connect it to past and future budgets to show things we hope to accomplish. This is a long-range plan, if you will, and is another tool that the Commission uses to influence that process. This is an informational document that you can provide feedback on.

G. Operations Report. Deputy Chief Allen said the compstat report for January shows great work done in all areas. We are happy to report that we have made progress in our response times. Last month we reported that we respond to priority #2 calls within 15 minutes 54% of the time. We also respond to priority #3 calls within 15 minutes 51% of the time. We have improved those numbers to 67% for priority #2, and 66% for priority #3. Those are significant gains in both areas and we surpassed the goals we had for the year.

We have begun plans for National Night Out, which celebrates police and community partnerships. Capt. Callaghan is working with the Main Street program on the planning. This was very successful last year and we hope it will be again this year.

We have hired Jason Cole as our Communications Supervisor. He comes to the City from the Sanford area, previously working as their Human Resources director. This position reports to the City Manager

H. Executive Report. Chief Dubois advised we are on target with the FY08 budget and project to be well in the black. Staff has done a wonderful job managing the overtime lines. Some of the operational lines that are close to are because of advanced purchasing. We make limited transfers to balance lines, but we always advise the Commission when we do that.

A. Appreciation and Recognition: Melissa Silvey of the United Way thanks Chief Dubois for his help his help with the One Voice Project. Dispatcher Andy Neal is recognized with the Jaycees Specialist of the Year Award. Officer Donovan Funk is recognized with the Jaycees Police Officer of the Year award. Chief Roberge in Farmington recognizes department members for the help of the Strafford County Regional Tactical Operations Unit.

Comm. McManus MOVED to enter a non-public session at 8:51 P.M. for the purpose of personnel and legal matters. SECOND by Comm. Bemis. The motion PASSED by roll call vote, Comm. Bemis-yes, Comm. McManus-yes, Comm. Levesque-yes. The non-public session closed at 11:00 P.M. on a MOTION by Comm. Bemis, SECOND by Comm. McManus and PASSED Unanimously.

Comm. Levesque MOVED to hire Jeffrey Taylor on a part-time basis for the housing officer, at $20.00 per hour. SECOND by Comm. Bemis and PASSED unanimously.

Comm. McManus MOVED to promote Eric Babine to the rank of Sergeant, effective February 7, 2008, salary to be set at $51,682.00. SECOND by Comm. Levesque and PASSED unanimously.