Fort Walton Beach Council agenda — 11-26-2007 special agenda — reading text

characterized as excellent, perhaps outstanding, During the reestablishment of this working relationship, I informed. Sheriff Morris. that I intended to again appoint an FWBPD detective to the Joint Drug Task Force, I made him aware that the officer would be my fifty-third ( 53rd) position, because I had greater mission demands for the first fifty-two ( 52) officers. As noted elsewhere herein, position number fifty-four ( 54) and fifty-five ( 55) are those funded through the CRA District. There is much to be gained by FWBPD' s participation in a county wide joint Drug Task Force. First, and foremost, it best serves our citizens in the fight against illicit drugs when drug cases can be investigated by a group with overlapping jurisdictional authority, Secondly, it enables cases to be grouped together, in which the information known in an individual case may be insufficient, but wherein collectively probable cause can be developed for and among the several cases. Among other benefits, is enhancement of opportunities to participate in cases that result in asset forfeiture, sometimes at the federal level, which is not an insignificant benefit. It is rarely possible to involve federal authorities in local cases, unless there already is a multi-jurisdictional task force involved, Otherwise, they simply take jurisdiction and work the case as their own. If the police department' s authorized sworn strength is reduced, basic mission c resource demands would prohibit the assignment of an investigator to the Joint Drug Task Force. Recommendation # 31: Consider a concertedinter-Departmental effort combining Police and City Attorney to aggressively pursue unclaimed or forfeited assets - including vehicles, personal property, and real estate assets. Efforts toward implementing this recommendation have already begun; it was presented to the MAG interviewer during the fact gathering portion of the consultant' s work, On July 14, 2006, invited the Palm Bay ( Florida) Police Department' s we Forfeiture Manager to our department. She' made a presentation regarding the manner in which the Palm Bay Police Department ( PBPD) revised its forfeiture activities, The PBPD went from less than $ 30, 000,00 per year in asset forfeitures to than $ 264, 000, 00 in the first nine months after the forfeiture program more was revamped. Several of my captains and detectives viewed her presentation and discussed PBPD' s forfeiture program with her. She gave us advice with regard to pre- court negotiations and settlements, as well as some program document templates. Thereafter, the Investigations Division Captain and I met with our City Attorney to conceptually discuss asset forfeiture procedures, methodologies, and protocols. c We were in general agreement that our asset forfeiture efforts could be improved. although no significant changes have been implemented to date. 43 c We will resume discussion with the City Attorney regarding out pursuit and handling of assets toward forfeiture and offer recommendations for enhancing our program, perhaps involving others in the process. Recommendation # 32: Consider reallocation of a position to the function of Parking Enforcement. I disagree with the recommendation. Parking is an episodic problem, not a constant one. It occurs, almost exclusively, in the downtown area, Most parking problems are associated with the limited availability of parking places during special events and with respect to time limitation violations at certain businesses/ restaurants. Parking enforcement is handled as a medium priority complaint response and as a routine patrol duty for both the Zone Officer, who is assigned downtown, and the designated CRA Officers, At our full complement of fifty-five 55) officers, I believe the reallocation of an existing position to parking enforcement would reduce efficiency rather than increase it. At lesser strength, it would be obstructive to achieving even traditional response objectives regarding safety and response time objectives. Any consideration for establishing a new position for a parking enforcement function, ] believe, would be terribly premature at this point in time. Recommendation # 33: Consider increasing the fine for violation of fire and handicapped parking zones. c The Police Department is responsible for enforcing ordinances and statutes related to fire lane/ zone and handicapped parking restrictions, Currently, the fines for those violations are set at $ 32. 00 for a fire zone violation and $ 150. 00 for a handicapped parking violation. A Council decision to follow this recommendation would have little or no effect on police operations, although our research indicates these amounts are consistent with those in other Okaloosa County jurisdictions: o Niceville tows the vehicle for a fire zone violation and $ 135. 00 is the fine for a handicapped parking violation; o Valparaiso has fines of $ 10, 00 for a fire zone violation and $ 135. 50 for a handicapped parking violation; o Crestview has fines of $ 25. 00 for a fire zone violation and a $ 100. 00 - 250, 00 range for handicapped parking violations; o Destin has fines of $ 37, 00 for a fire zone violation and $ 105. 00 for a handicapped parking violation; o Okaloosa County has fines of $55, 00 for a fire zone violation and $ 155.00 for a handicapped parking violation. c 44 c Recommendation # 34: Research the cost and benefits of opening another DROP [ should be " early retirement"] window for employees who qualify. There are potential long- term cost to the City that should be avoided. c' The study refers to a drop window," but refers to an Clearly retirement window." The establishment of a " drop program" is quite different than providing an abbreviated period for enhanced incentives for those with longevity ( and, therefore, higher paid) t9 retire and be replaced by those more junior in their career. I have reviewed available file information regarding the early retirement incentive program, which the City authorized in 2005, via ordinance # 1641, My review of that file indicates that consideration for another brief early retirement incentive program window may enable some relatively significant salary savings for a two 2) to three ( 3) year period, Costs would not reverse after that period, but the level of savings benefit would decline each year as the replacement officers gained in longevity, This perception is based upon the number of individuals listed as qualifying on the 2005 plan. the number of them that remain ( and still qualify), as well as those who might qualify now1 but did not in 2005. This is not my area of expertise, but I believe it is a recommendation with value and worth considering & analyzing, c Recommendation # 35: Ensure an adequate training budget - many training areas are mandated by law, and initial training and continuing education and certification in areas such as DUI enforcement, Laser/Radar useJ and Traffic Enforcement reduce liability to the City, and potentially generate reVfJnue from increased, and more efficient, law enforcement activities, I firmly agree with the opening phrase that we need to ensure an adequate training budget. Within the parameters of available funds, that certainly is the goal. Our training budget is developed from more than one funding source, including some from the Asset Forfeiture Fund, some from State Second Dollar Monies, and some through the General Revenue Fund. The Study' s recommendation includes an inference that DUI enforcement, laser/ Radar use, and Traffic Enforcement would be enhanced by additional training, Thorough analysis of this issue will find that a sufficient complement of competent officers. who are adequately trained. is absolutely necessary for such enforcement activities. However, training does not make time available to conduct those activities and a reduction in the number of available officers to perform those functions. as contained in recommendation # 29 abave, is contrary to sustaining the ability to perform, much less increase1 such enforcement activities. c 45 c Recommendation #36: Research the options and costs associated with retaining the selVices of a private company for processing traffic incidents accidents and crashes) and then recouping the cost from the Insurance provider of the driver at fault. Earlier this year, on May 10th, I attended a presentation by a private firm, CRC- Cost Recovery Corporation, regarding recouping fees for costs associated with investigating traffic crashes, According to CRC, some other Florida cities alr~ady do 50, recovering $ 10, 000 - $ 12, 000 per year. In Fiscal Year - 2007, the Fort Walton Beach Police Department investigated 982 traffic crashes, Although the recovery of costs associated with investigating traffic crashes is appealing, billing investigative costs to insurance companies will, undoubtedly, be passed through to their clients. It seems fairly obvious, by public comments which appear in the media, that citizens are angry at the insurance companies already [ It is understood that the primary focus of their anger Is based on Property Owner Insurance policies - and the same companies who underwrite both], Policies, but it also applies to their vehicle Following this recommendation will enable them to redirect some of that customer/ citizen ire to the City and its police department, but may permit some cost recovery revenue, From a police standpoint, this recommendation only affects revenue generation for the City and would not interfere with the police mission, except for the political c repercussions described above, We will, of course, abide by any decision regarding this recommendation made by the Council. Recommendation # 37: Consider the option of decriminalizing the " open container~ordinance and replace instead with an administrative fine - $ 50 or 100. Decriminalizing the open container ordinance, and replacing it with an administrative fine, would provide an appearance of success, inasmuch as the J citations issued could be reflected as " a receivable' in the City' s financial ledgers, Two considerations run contrary to this recommendation, although neither would prohibit it from Council consideration, 1. Most open container arrests ( Notice To Appear citations) are issued to vagrants, They comprise the vast majority of those who violate this ordinance, The likelihood of recovering an administrative fine from them is extremely remote. 2, We have engaged in conversations with representatives from the Clerk of the Court' s Office, the State Attorney' s Office, .and the Okaloosa County judiciary regarding the filing and prosecution of these 'cases. From a law enforcement perspective, incarceration - albeit brief - for repeat offenders.