Police Commission Minutes
Rochester Police Commission
Rochester, NH 03867
Lucien G. Levesque, Chairman
Bruce E. Lindsay, Commissioner
Derek J. Peters, Commissioner
MINUTES OF THE POLICE COMMISSION MEETING
The Rochester Police Commission held their regular monthly meeting at City Hall, Council Chambers on Wednesday, May 6, 2015. Present at this meeting was Comm. Levesque, Comm. Lindsay, Comm. Peters, Chief Allen, Dep. Chief Dumas, Capt. Toussaint, Attorney Grossman, Chaplain Lachapelle and Secretary Warburton as well as members of the Department, the public and the media.
The meeting was called to order at 7:00 P.M.
A. Pledge. All participated in the Pledge of Allegiance.
B. Prayer. Chaplain Lachapelle led the opening prayer.
C. Roll Call. The clerk called the roll marking all Commissioners present.
2. PUBLIC COMMENT:
James Gray, resident of Rochester, a City Councilor and State Rep. Mr. Gray stated that he is a long time participant in the RUN Program in Ward 6. He noted that he sent an email to all the Commissioners, and to the Police Chief about an invitation he received to the Police Standards planning conference.
Mr. Gray said during budgets last year many residents spoke to the issue of needing more police officers. So Mr. Gray began to collect some data, and opined he may have been too good at it as it prompted the Commission to go to the Mayor about him getting involved in things that he shouldn’t as a Councilor. “Certainly that was not my intent.“
Mr. Gray said that attrition in the police department going back several years has been average. But the last couple it has been especially high. In 2014 there were 8 people who left the Department – 3 ordinary resignations, 3 to other departments and 2 retirements.
During that period there were at least 4 or more officers not on the street either because we couldn’t find qualified people to send [to the academy] or hire directly. Four people is what it takes to cover a shift for a whole week. That is one person on the street every hour every day. Not having four people out there means that we are either covering with overtime or not at all. That is a great concern.
Looking at attrition, I asked for data about the Training Academy and how many we are sending. I couldn’t get that information in the City, so I asked for it through the legislature and got the data for the whole state. There is a significant difference between the number that Rochester sends and the number that Dover sends. Over a ten year period using the number officers in the Department Rochester is about 67%; Dover is 35%, and Somersworth is much higher; basically replacing every one of them in a ten year period.
To the email I sent I got a response from the Chief who said that he didn’t believe it was an item the Police Academy could address. They may not. But right now because we have significantly increased the number of weeks those trainings are - up to 16 weeks, you can only hold three academies per year. At 60 per academy there is a limited number of people you can get through them. If you take the number of full time sworn officers in the State, 2,800 plus, if an officer doesn’t stay for at least 15 or 16 years, we don’t have time to replace them. We can’t put enough people through the academy. Are we there yet? No.
Are there things we can do to shorten the amount of time that it takes to hire an officer. Right now the estimates I get is that it takes a year. You identify the vacancy; look for a replacement and a month before the academy starts you have to have the paperwork and have physicals done. Then after the academy it is one to three months of training that he does before that individual is out on the street serving the citizens by himself in a car. Are there ways to shorten that? There may be ways here in Rochester. There may be ways through the Academy. Maybe not all 16 weeks need to be a residential program. I don’t know. But unless we talk and work together we are heading for a problem.
So again to the emails and now in person I encourage you that conference is going to be the end of May. Inputs that you have, or if you want to meet with me, or the person that invited me, the Sheriff, and would like to discuss things that we might bring up at that meeting, to benefit the citizens of Rochester, I am here, available and willing to help. You can contact me via the city website. My name, address and phone number email address are all there.
3. ACCEPTANCE OF MINUTES:
A. April 1, 2015 regular meeting
Comm. Peters MOVED to accept the minutes of the April 1, 2015 regular meeting as presented. SECOND by Comm. Lindsay and PASSED unanimously.
B. April 23, 2015 special meeting
Comm. Peters MOVED to accept the minutes of the April 23, 2015 special meeting as presented. SECOND by Comm. Lindsay and PASSED unanimously.
4. OLD AND UNFINISHED BUSINESS:
There was no old business for discussion.
5. NEW BUSINESS:
A. Awards and Recognitions
1. Fourth Annual Willis “Red” Hayes Community Ambassador Award – Off. Jamey Balint
Chief Allen noted that the Red Hayes award is special and notable. It’s a significant award because it honors a former officer that served many years. Community policing was first pioneered during this time. This person left his mark and legacy on the City and Department. He was considered an ambassador. This award was created in his memory and honor. This years’ recipient is Officer Jamey Balint.
Chief Allen introduced Ms. Marilyn Berry.
Marilyn Berry said, “This is the 4th annual award. I’m proud to say that Red was my stepbrother.” This award arose from the wishes of David Hayes, the son of Willis "Red" Hayes who wished to do something that would honor his Dad's service to the City. This award was created to be given to a patrol officer that most closely represents the essence of the late Willis "Red" Hayes. Marilyn encouraged anyone who witnesses an officer doing something good to notify the department and consider nominating them for this award.
Marilyn requested a moment of silence in honor of Victoria Hayes Lambert, a co founder of the award and a niece of Red Hayes. One of the things she was able to do was to participate in this award this year even while she was in hospice care. She passed away the week following the selection.
The members of the selection committee are people who either knew Red Hayes or his family, or are acquainted with this City. They include Pat Rainboth of Victim’s Inc., Brad Trafton of the Ecumenical Council, Norm Sanborn, Sr. representing the Veteran’s Council, Steve Shaw, nephew of Red Hayes, Rick Sessler, a long time friend of David’s. We are also pleased to have on the committee Chief Michael Allen and former Rochester Police Chief’s David Dubois, Dan Auger and Ken Hussey.
Red was a patrol officer for 32 years. He was well known to the people and flamboyantly directed traffic, he greeted all by name and was the friendly cop on the square. Everyone who ever knew Red never forgot him. He is a true legend in this City.
Upon Red's passing, the Foster's Daily Democrat ran an editorial "Hail Red Hayes." The article noted that he had a rare universal popularity without critics and 100's if not 1000's will mourn him. He genuinely loved people. His Chief, Nelson Goodfield, recalled that Red would come to the aid of anyone in need. He hated to give out tickets for minor offenses, like parking tickets. Former State Police Colonel Paul O'Leary, a tough Irish kid from Boston, said that Red showed him the other side of law enforcement, the humanness. It was said in his eulogy that he could have written the book on how to win friends and influence people.
After reviewing the nominations for the award, the Committee selected Officer Jamey Balint, an 18-year veteran who exemplifies the type of Police Officer representing the essence of Red Hayes. He has remained in patrol, which is important to us. He has more than fifty letters and commendations in his file A Sergeant said Jamey is a veteran currently assigned to patrol. He works busy dayshift, yet Jamey is dedicated to his community and has a high level of compassion and respect. He goes to great lengths in his investigations and builds positive relationships with those he helps. He looks at the totality of the circumstances and seeking what is the best outcome for each situation.
He is very involved with the Rochester Police Benevolent Association and works to orchestrate benefit events. One recent incident of note was an assault of a juvenile that broke their glasses. Jamey reached out to the Association to purchase new glasses when his family could not afford them.
Jamey works with the youth and he worked with Bridging the Gaps last year on a mock crash at the high school outlining the dangers of drinking and driving. He worked on a bike safety rodeo giving good tips for the students. He was the advisor for the Police Explorer post for many years. He is involved with the bike patrol and you can see him out in the community.
Jamey was thanked by the County Attorney for work he did on a child abuse case. He noted that it could be a training model for such investigations. He was thanked by a resident with a hearing disability for his compassion in taking his time with her. He was thanked by a young resident for pointing him in a positive direction without judgment when he had strayed to a different path. In his position Jamey continues to wear many hats, but true to the memory of Red Hayes, he has a heart. He is the head of the Strafford County Regional Traffic Accident Reconstruction team that is comprised of officers from area agencies that respond out to traffic crashes with serious or fatal injuries. He has been integral to the team since it was formed.
Chief Allen presented the perpetual plaque that will have Jamey’s name inscribed on it. He said I present this and congratulate you. Sheriff (Former Chief) Dubois presented a plaque through Jamey’s wife for Jamey to keep. Former Chief Dan Auger presented the ribbon made that was created for this award. Former Chief Ken Hussey presented a check to the family. Pat Rainboth presented a victory rose plant to Jodi Balint in thanks for the support of family. Each year the officers also choose a Rochester charity of their choice that the committee makes a donation to. Jamey chose Victim’s Inc.
Marilyn Berry said we couldn’t be more proud of our department and what they do for us. Don’t forget if you see something that deserves acknowledgement - call, email, say what you saw, why you appreciate it, and why the officer may be deserving of this award.
Off. Balint said I thought the Chief was joking when he asked if I had my speech ready for tonight. I appreciate the recognition and the kudos. Looking back over my career, its hard to recall all I have done over the years. It was a nice snapshot of the highs in my career. The charity I chose there is no other that works so closely with us who are so supportive of the department and have been there for any call we make. The volunteers are always there, and they have such empathy for the people. I couldn’t think of a better organization to honor. I thank my family for their support. I thank the three Chiefs’ here that I have worked with for the opportunities I have been afforded. I am very appreciative.
2. Lifesaving Award – Off. Jamey Balint and Off. Frank Porfido. Chief Allen noted we are recognizing two officers for helping save the life of a resident. We’ve been giving this award often as of late. The substance abuse issue we are seeing here and across the country, particularly heroin, is affecting us. The families were thanked for coming to support the officers. This award is given when an officer saves or attempts to save a life.
Both officers responded to a condo complex for a man not conscious and not breathing. The person was suspected of overdosing on opiates. The AED was deployed and CPR was initiated. The EMS personnel arrived and initiated additional life saving measures. Paramedic Jason Plumb was invited to the stage. They are an extremely beneficial resource to us. This is Off. Balint’s third lifesaving award and Officer Porfido’s first.
Chief Allen said Jamey you are a highly decorated officer as we learned during the Hayes presentation. This adds to the list of kudos and demonstrates and illustrates what a great job you do, not just for the Department but for the citizens of the community.
Frank, thank you as well. Chief Allen continued, saying I've been an officer for 27 years and I've never had to respond to such a call and initiate these life saving measures. Off. Balint was presented with a silver star and Off. Porfido gets a ribbon for his uniform.
3. Academy Bar – Off. Jacob Garstin for academic achievement while at the Police Academy. Chief Allen said Jacob is one of our newest officers. The academy is very rigorous in physical and academic training. Out of 58 cadets Jacob finished first academically with a 95.49 score. Jacob was presented with the bar for his uniform. This is well deserved and you should be proud of your achievement.
4. Chief’s Award – Dep. Chief Scott Dumas. One last recognition, and this is the first time as Chief I have given this award. This award is meant to set you apart and demonstrates superior service and work to the City. This is a culmination of his hard work, commitment and dedication.
Dep. Chief Dumas was hired in 1995 and rose up through the ranks, and was promoted in June 2012 to his current rank. He is an integral part of my senior management team. As second in command he oversees the budget, grant programs and technology projects. We couldn’t accomplish a lot that we do without his hard work and dedication.
In other achievements he has been recognized as a our police liaison to chamber events like the holiday parade, by students in the schools for reading, talking about gun safety, and the middle school leadership program. He has several commendations including for his work in developing our citizens police academy, he’s in charge of coordinating our resources for major events in the city. He has been the employee of the month and has been a member of our Traffic Reconstruction Team, the Honor Guard, the Motor Unit and bicycle patrols. He has been awarded the distinguished unit action award three times. He serves on the Executive Board for the FBINAA. He will be ascending to the president’s chair of that Association in 2017.
Most recently he has led a technology program alongside our MIS staff. This initiative involves the upgrade of our mobile data program in the cars. It involves replacing MDT’s with tablets and which will be a significant cost savings to the City and will improve efficiency across all levels.
I’m proud to have you as my Deputy Chief and I know the Police Commission is as well. The department never skips a beat. When I am away he provides the leadership and I’m grateful for all that he does for the Department and the citizens of the City. Chief Allen presented a ribbon and a plaque to Scott in recognition of his leadership and innovative work in the profession always exhibiting the highest standards of service.
Dep. Chief Dumas thanked the Chief for his kind words. I appreciate it. My job is easier because of the men and women of the Department. We hold ourselves to a high level of accountability, in the organization and in the community. We get a lot of our direction from the citizens, the commission, the council and the officers. I couldn’t achieve all these things without the leadership Chief Allen has shown during his career and in particular over these past three years. I thank you for that.
B. Policy Updates – First Reading
1. 12.2.1 Written Directive System. These are housekeeping updates. They can be placed into the first reading and right into a second reading for adoption.
Comm. Peters MOVED to place Policy 12.2.1 Written Directive System into a first reading, followed by a second reading by title only for adoption. SECOND by Comm. Lindsay. Open for discussion.
Chief Allen said the recently created policy committee is in the process of reviewing all the policies. We are ensuring they are updated to current standards and methods. The committee is comprised of commanders, line level officers, and support staff.
Dep. Chief Dumas added that he was surprised with the number of changes required to this policy to bring us current to what we are doing.
The motion to adopt the policy as updated PASSED unanimously.
2. 1.2.4.1 Searches, Motor Vehicle Inventories and Towing. In line with the review committee, Dep. Chief Dumas said there was a recent issue that came up which moved this update to the front of the line. It deals with who is given notice and when, along with the times documented thoroughly when we release a vehicle from impound. The clock for storage fees starts ticking from that point. The practice has been in place but needed to be more specific in policy.
Comm. Peters MOVED to place Policy 1.2.4.1 Searches, Motor Vehicle Inventories and Towing into a first reading, followed by a second reading by title only for adoption. SECOND by Comm. Lindsay and PASSED unanimously.
D. Monthly Reports
1. Operations. The Detective Bureau had 42 cases sent up from patrol for review and investigation. This is an average month for them. Highlights for the month included four call outs for overdose death investigations as well as one robbery. Our property crime detective wrapped up another serious fraud case where more than $10,000.00 was taken. This is great work that is detail oriented. The detective bureau assisted in the apprehension of a suspect for a series of burglaries in the Stillwater Circle neighborhood in Gonic. Officers were tracking the suspect through the snow and ended up in the woods in Barrington. This is still an open investigation.
The Communications Center has three trainees in various points of field training. We want to ensure they are ready to go on their own. We continue to work to fill the final open position.
We are preparing for the NCIC audit and ensuring we are compliant with policies.
Officer Hayes since returning from light duty is working hard on the Wings and Wheels event set for June 13, 2015 at Skyhaven. She has also resumed updating the facebook page. She worked with Sgt. Swanberry on submitting an application for a Coverdell Grant to obtain training for the evidence team which will get them to a standard they can handle any serious crime they may encounter.
The final Teen night of the year had 265 youth attending. This remains an extremely successful venture.
We have posted for candidates to apply for the full time High School Resource Officer as Officer Murphy has indicated a desire to return to traditional police work. The selection process is important because of the outreach to youth at a critical age. It is important to select the right candidate. Chief Allen added we work closely with the school department on the selection process. It is important to involve the stakeholders and they are involved in the interview process.
Comm. Peters inquired if Off. Murphy will continue working with the Explorers.
It was noted that he may still maintain a role, but we have shifted that to the SRO because they are in a position to recruit members. It makes sense for them to be involved. The Explorers are a subgroup of the Boyscouts and Officer Murphy is an Eagle Scout.
Four of the six wards met this period averaging 10-12 people at each meeting. There was a lot of information sharing regarding statistics, arrest numbers and crime locations by ward. There was discussion on the current drug trends. Other issues related to traffic. They are in the process of being addressed.
The K9 had 10 calls outs, seven of which were in Rochester. Off. MacKenzie was recognized this period by the NH Police, Fire and EMS Foundation as outstanding Police Officer of the year. It was a nice ceremony and a well deserved honor.
Comp stat is basically the patrol report card. We have made more than 1400 traffic stops since our last report. Officers are taking the information from the crime analyst and using it in self initiated activity, putting resources in those areas identified. We have doubled traffic stops for the month over this same period a year ago. It falls right in line with theories that a small amount of people commit the most crime. Our arrests for this same period are also up.
Property crimes are down in almost every category. Officers are making quality stops and contact with citizens.
Comm. Peters noted that of the traffic stops made it’s nice to see that not everyone received a summons. It’s about proactive work, not about making arrests. It’s letting them know we are there.
Chief Allen said the other thing we talk about every month is property crime being one of our biggest challenges. Using the strategy we’ve employed is resulting in more arrests, but also reducing our property crime. There is a direct correlation. Shoplifting is down 56% over this same time period last year which is significant. We are really proud of the work being down by the men and women of the Department. This is time intensive work and we have always done more with less. To have the officers deal as efficiently as we can is our goal and I think we are doing that.
Comm. Peters noted that people are telling him they see a cruiser every time they turn a corner because we have more officers on the street.
Chief Allen said the redeployment has impacted our response times. This has been a concern of politicians and the community. The calls for service have not decreased but we are doing more with the resources we have. We have to look at innovative ways to keep up, knowing and being mindful of the taxpayer and what they can afford. It’s a balancing act for us. We are presenting our budget next week. We will be asking for an additional officer. I think it’s reasonable. We could use more than one but with the data I can show I’m optimistic we will get the support of council.
2. Administration. Dep. Chief Dumas noted that the bi-annual bids are due to be opened tomorrow. There is still one in the process for uniforms and equipment. We will be breaking this out into three separate packages to get more companies involved to be the most cost effective for the taxpayer. The Vest grant application and appropriation went before the Council last evening. It is a federally funded program, a supplemental grant that pays for ½ the cost of the bullet resistant vest. To qualify for these funds you must have a mandatory wear policy, which we do.
Chief Allen said the issue was discussed an approved by the Council last night, including the application and appropriation. There was some confusion about how the grant works and discussion regarding matching funds. I want to clarify there are no matching funds. This grant simply provides 50% of the funding. We budget 100% now and this supplements our existing budget and reduces the cost. We budget it that way in the event our application is not approved. If not for these funds, we would pay the full amount for new or replacement vests.
We determine how many vests we may purchase by looking at the current expiration dates and how many officers we may hire in a given year. When the federal funding gets low and they open a new round of applications, we apply. We’ve been doing that for at least ten years.
Comm. Levesque asked if the lifespan of a vest is five years, does the vest just sit there after.
Chief Allen said five years of wear and tear, weather elements, body temperatures, those break down the material in the vest over time. If you are wearing the vest every work day for five years those things can diminish the level of protection, so from a liability standpoint we replace at five years. Not doing so is not a good practice.
Comm. Levesque asked if every officer has a vest. Chief Allen said they do as we have a mandatory wear policy.
Comm. Peters asked and was advised the vests are in the clothing line.
Dep. Chief Dumas said the latest budget projection was included in the binders to give a general idea of where we are at. We are showing a short fall in revenue, but there is $65,000 in outside details that has an offsetting revenue account. So if we are not gathering it we are not expending it. The accounts projecting to have shortfalls those are based on best estimates over the years.
Comm. Peters said this goes to reserve funds for the city. Dep. Chief Dumas confirmed to general funds.
The accounts that are in the red are generally where we sit every year. They are not large amounts of money but are based on current spending. We budget closely at the beginning of the year. We are still looking at a surplus of about $146,000.00 most of it from the salary and benefits line.
We are at full staff for police officers as of this report. It is worthy to note that all three of our officers graduated in the top ten academically from the Academy. Officer Schacht was ninth, Officer Williams-Hurley was fifth and Officer Garstin was first. Officer Arrajj heads off to the Academy this week.
The tablet project is moving forward and we are almost ready to launch in all the cruisers. We have been testing and troubleshooting different complaints and modifying as we go. All the equipment is borne by a JAG grant.
Lastly is an update on Narcan. We have been working at the forefront on this. Opiate addiction is an issue throughout the state. This comes through pushing this through the EMS Bureau in the State with a memorandum through the public health directive on how can first responders get involved. To put the tools and resources in the hands of officers and first responders is a good thing. The Police Department has a great working relationship with Frisbie EMS and the Fire Department. This will involve additional first aid training. Officers are currently trained in the heart saver basic CPR and AED and will be trained at the health provider status. Frisbie Hospital is assisting with this training and we are developing a policy to go with that. We are very appreciative of the support from Frisbie CEO. We hope to have that policy in front of you at next meeting.
Comm. Lindsay noted that Narcan is not new. It has been around for years and has been used during anesthesia.
Dep. Chief Dumas said it has been around since the 1970’s but until this epidemic wasn’t as prevalent. This is a national problem and the need for law enforcement to get involved is pressing. The Narcan will be supplied by the hospital.
Chief Allen added that Frisbie has stepped up to support the officers and get them trained to the level necessary and provide us with added equipment and product to be used.
D. Other.
1. Festivals at the Fairgrounds. Comm. Lindsay said there are five festivals over multiple days scheduled at the Fairgrounds in the coming months. Is the police department involved in this?
Chief Allen said we are involved. We met with the organizer promoting these events and had a great discussion about the events and the level of resources the Department will need to provide based on projected attendance. We are really excited as a Department and City to have these events here. It is great for the City and the fairgrounds. We are comfortable that we can provide the level of resources they will need to hold safe and successful events.
6. CORRESPONDENCE:
Correspondence for the month included: Officers Kimbrough and Smith are recognized by County Tactical Team Leader Andrew Jackson for initiatives in organizing the command vehicle. Off. Mike Miehle is thanked via facebook post for assisting with noise complaint. Off. Jackson is recognized by Off. Ball for his patience and professionalism during a burglary investigation while interacting with the victims. John Nolan, long-time Editor of the Rochester Times thanks the Commission, Police Chief, officers and staff for the cooperation and mutual respect that extended over a 27 year career. Chief Allen is thanked by Middle School leadership team members Ms. Ellis and Mr. Creteau for participating in the annual job shadow event. Specialist Lavoie is recognized by Asst. County Attorney Walsh for her skills as call taker for a domestic violence report. Specialist Sarah Bailey is recognized by Sgt. Deluca for going above and beyond in her job duties.
7. INFORMATION:
No additional discussion.
8. NON-PUBLIC SESSION: (Pursuant to: RSA 91-A:3)
Commissioner Peters MOVED to enter a nonpublic session at 8:57 P.M. pursuant to RSA 91-A: 3, paragraph II, section A (personnel) and section E (legal.) SECOND by Comm. Lindsay. The motion PASSED by roll call vote 3 – 0 with all three commissioners voting in the affirmative. Three minute recess. The non-public session closed at 9:21 P.M. on a MOTION by Comm. Peters, SECOND by Comm. Lindsay and PASSED unanimously.
9. MISCELLANEOUS:
Comm. Peters MOVED to award a merit increases on the respective anniversary dates to Off. Michael Miehle (4.25%); Off. Christopher Mangum (4.15%); Off. Michael Lambert (2.45%) and Off. Justin Livingstone (2.45%) Comm. Lindsay SECONDED the motion and it PASSED unanimously.
10. ADJOURNMENT:
Comm. Lindsay MOVED to adjourn. SECOND by Comm. Peters at 9:23 P.M.
Respectfully Submitted,
Rebecca J. Warburton
Secretary