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HomeMy WebLinkAboutMinutes - 2013.02.26 - 36699BILL DWYER Chairperson MIKE BOSNIC Vice Chairperson HELAINE ZACK Minority Vice Chairperson February 26, 2013 Chairperson Dwyer called the meeting of the Public Services Committee to order at 11:30 a.m., in Committee Room A, Commiss ioners’ Wing, County Service Center, Pontiac, Michigan. COMMITTEE MEMBERS PRESENT : Bill Dwyer, Mike Bosnic, Helaine Zack, Shelley Taub, Michael Spisz, Gary McGillivray COMMITTEE MEMBERS ABSENT: None. OTHERS PRESENT : EXECUTIVE OFFICE Robert Daddow, Deputy Executive CIRCUIT COURT Lisa Langton, Deputy Administrator John Cooperrider, Business Administrator HUMAN RESOURCES Kelly Siddiqu, Analyst MANAGEMENT AND BUDGET Laurie Van Pelt, Director PUBLIC SERVICES Mike Zehnder, Director MEDICAL EXAMINER William Gerds, Administrator SHERIFF’S OFFICE Michael McCabe, Undersheriff Russ Yeiser, Sergeant MICHIGAN ASSOCIATION OF CHIEFS OF Robert Stevenson, Executive Director POLICE WEST BLOOMFIELD TOWNSHIP POLICE Michael Patton, Chief DEPARTMENT OTHERS (See attached list) BOARD OF COMMISSIONERS Marcia Gershenson, Commissioner David Woodward, Commissioner Jim Ver Ploeg, Administrative Director Sheryl Mitchell, Senior Analyst Tracy Stolzenfeld, Committee Coordinator Helen Hanger, Sr. Committee Coordinator PLEDGE OF ALLEGIANCE APPROVAL OF THE PREVIOUS MINUTES Spisz moved approval of the minutes of January 29, 2013 as printed. Supported by McGillivray. Motion carried on a voice vote. OAKLAND COUNTY BOARD OF COMMISSIONERS 1200 N. TELEGRAPH ROAD, PONTIAC, MI 48341-0470 Telephone (248) 858-0100 FAX (248) 858 -1572 PUBLIC SERVICES COMMITTEE Shelley Taub Michael Spisz Gary McGillivray PUBLIC SERVICES COMMITTEE Page 2 January 29, 2013 PUBLIC COMMENT Roy Salisbury asked what stakeholders would be attending future meetings and asked that gun owners be included as well. He also spoke in support of the second amendment . Chairperson Dwyer indicated that the next meeting agenda for March 12 will tentatively include discussion with mental health and school safety experts. Representatives from the FBI, Bureau of Tobacco and Firearms and the Michigan State Police will also be asked to attend a future meeting. Timothy Perry expressed his concerns about the Target Sports gun shop and shooting range in Royal Oak where 12 self-inflicted shootings have occurred resulting in 5 deaths and the fact that it is exempt from criminal and civil action. He hopes that any suggestions the committee would have in addressing gun violence issues would help to influence changes to the law. Sheila Brice, an elected member of the Baldwin Library Board, stated that their board adheres to a policy stipulating that libraries should be safe places for all to enjoy. However, the Michigan Open Carrying Law allows guns to be brought into libraries and asked that the committee include in its consideration of addressing gun violence two letters placed on record dated July 18, 2012 from the Baldwin Public Library and October 9, 2012 from the Friends of the Baldwin Public Library, both to Senator John Pappageorge and (former) House Representative Chuck Moss , regarding this matter. Commissioner Taub asked that proposed MR #13014 and #13018 be included in the gun violence discussion as both of these resolutions pertain to this topic. These resolutions were formally referred to the General Government Committee because they request legislative action . They will be placed on the next Board agenda for formal referra l as well to the Public Services Committee. AGENDA ITEMS 1. SHERIFF’S OFFICE – NARCOTICS ENFORCEMENT TEAM (NET) INTERLOCAL AGREEMENT WITH THE CITY OF BIRMINGHAM The Sheriff is requesting approval to enter into an Interlocal Agreement with the City of Bir mingham to allow the City to join the Sheriff’s Narcotics Enforcement Team (NET). With a reduction to the Byrne Grant of one deputy, no additional vehicle is necessary. Undersheriff McCabe stated that with the addition of Birmingham , NET membership now includes 15 police departments. Taub moved approval of the attached suggested resolution . Supported by McGillivray. Motion carried unanimously on a roll call vote. 2. SHERIFF’S OFFICE – CONTRACT AMENDMENT #1 FOR LAW ENFORCEMENT SERVICES IN THE CITY OF PONTIAC 2013 -2015 The Sheriff is requesting authorization to amend its Law Enforcement Services Agreement with the City of Pontiac to add one Patrol Investigator for the period August 1, 2013 to December 31, 2015 and 3,000 hours for a part-time non-eligible Court Deputy II annually for the period March 1, 2013 to December 31, 2015. Spisz moved approval of the attached suggested resolution. Supported by Taub. PUBLIC SERVICES COMMITTEE Page 3 January 29, 2013 Motion carried unanimously on a roll call vote. 3. SHERIFF’S OFFICE – CONTRACT FOR FIRE DISPATCH SERVICES FOR THE CITY OF ROCHESTER HILLS FOR 2013 -2015 The Sheriff is requesting authorization to enter into a Fire Dispatch Agreement with the City of Rochester Hills to provide the City with dispatching services. The contract period is April 1, 2013 through March 31, 2015. The City shall pay the County $12,798.24 a month through March 31, 2014 and $13,054.62 per month for April 1, 2014 through March 31, 2015. Bosnic moved approval of the attached suggested resolution. Supported by Zack. Motion carried unanimously on a roll call vote. 4. SHERIFF’S OFFICE – CONTRACT FOR FIRE DISPATCH SERVICES FOR THE CHARTER TOWNSHIP OF OAKLAND FOR 2013 -2015 The Sheriff is requesting authorization to enter into a Fire Dispatch Agreement with the Charter Township of Oakland to provide the Township with dispatching services. The contract period is April 1, 2013 through March 31, 2015. The City shall pay the County $1,411.28 a month through March 31, 2014 and $1,439.55 per month for April 1, 2014 through Ma rch 31, 2015. Spisz moved approval of the attached suggested resolution. Supported by McGillivray. Motion carried unanimously on a roll call vote. 5. DEPARTMENT OF PUBLIC SERVICES /MEDICAL EXAMINER – INCREASE TO THE MEDICAL EXAMINER DIVISION CREMATION PERMIT FEE This item was postponed at the previous meeting so that a member of the Budget Task Force (BTF) could attend today to further explain rationale for the recommended fee. The Medical Examiner (ME) is requesting authorization to increase its Cremation Permit fee from $20 to $30 . This fee has not increased since 2003. A survey shows that Oakland County’s current fee of $20 is much lower than that of surrounding counties . Of fourteen counties surveyed the lowest cremation fee was $25.00 and the highest was $75.00. Ms. Van Pelt advised the committee that they have the option to change this recommendation . She explained that there were two pieces to this request, one being the fee increase and the other being the ME’s request for staff. ME clerical staff was reduced to part -time non-eligible as part of a previous budget task. Experienced full time staff came back part -time but have since left and the ME would like to grow its resources back to a full -time position. The BTF advised the ME to first request the increased fee before proceeding with the position request. Ms. Van Pelt referred to the outcome of Bolt vs City of Lansing as to whether something is considered a fee or tax. If a citizen is required to purchase a service from a governm ent unit and there is no other choice than you must limit the fee to the actual cost otherwise it becomes a tax and has to be voted upon. The analysis maximum of $75 included all direct and indirect costs and the BTF recommend an increase from $20 to $30 which they felt was nominal, would cover the upgrade for the position and would take into account the state of the economy . This is a 50% increase as opposed to a 250% increase to $75 which they felt was excessive. The majority of the ME’s office is budgeted under the General Fund. It receives few revenues and is not designed to PUBLIC SERVICES COMMITTEE Page 4 January 29, 2013 be self-supporting. Mr. Gerds explained that the Oakland County ME only handles cremation requests for deaths occurring within its boundaries. If the death certificate indicate s that the death occurred elsewhere the matter is referred to that jurisdiction. Taub moved approval of the attached suggested resolution. Supported by McGillivray. Spisz moved to amend the resolution to implement the $30 proposed fee for Fiscal Year 2013 and to increase the fee to $40 for Fiscal Year 2014. Supported by Zack. Motion to amend carried on a roll call vote with Bosnic and Dwyer voting no. Main motion as amended carried on a roll call vote with Bosnic and Dwyer voting no. 6. CIRCUIT COURT/CIVIL/CRIMINAL DIVISION – INTERGOVERNMENTAL AGREEMENT FOR MENTAL HEALTH SERVICES BETWEEN THE SIXTH JUDICIAL CIRCUIT COURT (ADULT TREATMENT COURT) AND OAKLAND COUNTY COMMUNITY MENTAL HEALTH AUTHORITY Circuit Court/Civil/Criminal Division is requesting approval to enter into an intergovernmental agreement with the Oakland County Community Mental Health Authority (OCCMHA) to provide mental health services to individuals involved in the Adult Treatment Court who have substance abuse and mental health issu es, with the goal of reducing the need for more costly incarceration. The Court will provide $54,000 to OCCMHA as funding for a Court Liaison (caseworker). Funding will come from the Michigan Mental Health Court Grant Program administered by the State Co urt Administrative Office. This position will collaborate in providing mental health assessm ents, crisis intervention and treatment. Taub moved approval of the attached suggested resolution. Supported by Zack. Motion carried unanimously on a roll call vote. THE COMMITTEE RECESSED FROM 12:05 p.m. – 12:07 p.m. 7. COMMITTEE CHARGE PURSUANT TO MR #13017 – BOARD OF COMMISSIONERS – EXAMINATION OF HOW OAKLAND COUNTY CITIZENS ARE PROTECTED FROM GUN VIOLENCE – INPUT FROM LAW ENFORCEMENT REPRESENTATIVES Chairperson Dwyer welcomed all, introduced Chief Patton, Mr. Stevenson and Undersheriff McCabe and provided an opening statement. He stated that this is the first discussion in review of the Committee’s charge to gathe r information on how the data systems work. The intent is to have an open process inviting experts and the public to participate. This is a strong issue for everyone and all ideas are welcome. The committee will look at how the system s work and their current capabilities and will then receive input on how they could be improved upon to ensure that those with mental health issues are not given access to firearms. In the coming weeks, experts from the fields of mental health and school safety and from the U.S. Department of Justice, Bureau of Alcohol, Tobacco and Firearms, the FBI and the State Police will be asked to participate. He noted that this is a bi-partisan effort and introduced Commissioner Marcia Gershenson as co-sponsor to the resolution. Mr. Stevenson, Chief Patton and Undersheriff McCabe thanked Chairperson Dwyer for the invitation to participate. Mr. Stevenson, previously Livonia’s Chief of Police, noted that that both he and Chief PUBLIC SERVICES COMMITTEE Page 5 January 29, 2013 Patton had lost officers to gun violence and were looking forward to this discussion in an effort to try and impact the situation at both the local and state level. In response to committee members ’ questions, the following information and suggestions were discussed. • National Instant Criminal Background Check System (NICS) – mandated by the Brady Handgun Violence Prevention Act of 1993 and administered by the Federal Bureau of Investigation (FBI) the system is used by law enforcement and by Federal Firearms Licensees to determine if a firearms sale can move forward with a prospective buyer. Michigan does not fully participate in this system. Police Departments have been encouraged to enter information into NICS when a permit to purchase is denied to avoid an individual from skipping communities to shop around. West Bloomfield PD has been able to enter information into the NICS system on non-adjudicated individuals but there is an appeal process and law enforcement must be careful not to frivolously enter information that could take away an individual’s rights. • Law Enforcement Information Network (LEIN) – established in 1967 and maintained by the Michigan State Police this system allows law enforcement to access various state and national data bases instantaneously to check for arrests, convictions, driving records, warrants, adjudicated mental heal th orders, PPOS, etc. State legislation governs what information must be included in the system. • CLEMIS (Court and Law Enforcement Management Information System) – established in the late 1960s by Oakland County and managed by the County’s Information Technology Department, this system is recognized by the U.S. Department of Justice as a model for law enforcement coordination. This system also allows for instantaneous access and d ata sharing and includes 87 law enforcement agencies in 5 counties, inclu ding all Oakland County communities, most in Wayne County , all but 2 in Macomb County, all of Washtenaw and all of Genesee except Fenton. CLEMIS participation also includes fire departments that utilize its Fire Records Management System. Project requests are run through a committee process. While 20% of the County’s jail population is from Detroit or Wayne County, Detroit does not participate. CLEMIS can include information that might not appear in the LE IN system, e.g. if you have had contact with the police previously in response to a domestic complaint or on a mental health issue and are taken into protective custody. State-wide participation should be encouraged and whatever mental health records are available should be included. • Concealed Weapon/Concealed Pistol License (CPL) - issued to an individual by each county for a 5-year period . There is no way of knowing if during that 5 -year period a person develops a mental health problem. If a person is arrested this information should bounce back to the county gun board for review but there could be a delay so there may be an opportunity to still buy firearms. Once notification is received Oakland County will immediately suspend and revoke the license. Of an estimated 47,000 CPLs in Oakland County less than ½% of 1% has been revoked for violations. The County uses both L EIN and CLEMIS when considering permits. Long gun purchases do not require local permits . • Private to private citizen firearms sales - are not illegal and are therefore not required to be entered into the NICS system. These sales include unlicensed gun show participants. There is interest in conducting all firearm transfers through a licensed dealer but there is a question of constitutionality. PUBLIC SERVICES COMMITTEE Page 6 January 29, 2013 • Universal Background Checks – background checks on the transfer of all firearms are not required. This would be helpful but it would be at the mercy of input being continually and accurately entered into the system . Staffing and funding would also be an issue. • Barring of any class of fire arms – barring a class of firearms will not stop the b ad guys who gain access to firearms illegally. • Health Insurance Portability and Accountability Act (HIPA) – this 1996 act helps protect the privacy of persons identifiable through health insurance. Un less a person is an immediate threat, no mental health expert can report someone without the risk of losing their license. This issue is in review at the state level and any recommendations will be submitted to and addressed at the federal level. • The Criminal Justice/Law Enforcement System has become managers of the mentally ill – since most of the mental health facilities closed over a decade ago, the local courts and jails have now become managers of the mentally ill. • Video Games – there seems to be so me commonality in mass shootings regarding the viewing of violent video games. There is no statute being violated in the sale or viewing of violent video games. Games are rated but once an individual is 18 they do not need parental permission to purchase them. These games will have an effect on some individuals but not others. Better parental supervision may help to some extent but trying to regulate or ban video games in a free country is a problem and could result in a black market. • The Open Carry Law – you cannot carry guns in schools, stadiums, etc. but you can carry into libraries. There is ongoing discussion at the state level on the Open Carry Law. • Legislation Action – legislation has been introduced to increase sentencing for the use of firearms in the commitment of felonies. There are many laws on the books that might be considered for review but changes must be carefully considered. • Reduction of Polices Officers – since September 11, 2001 there are about 4,000 fewer police officers on the streets. Mr. Stevenson advised committee members and others they could view the position of the MACP on pending state legislation at Michiganpolicechiefs.org. He added that legal gun owners need to make sure that their guns are secure and locked up a t all times. The Undersheriff responded to questions regarding the Sheriff’s Office law enforcement contract with the City of Pontiac. Pontiac was down to 50 officers when the Sheriff took over this function. There are now 75 officers, including 63 t hat were previously Pontiac officers . Response time has been reduced from 76 minutes on average, with no response to property crimes, to less than 10 minutes. There is still violent crime and there were 16 homicides last year but many arrests are being made and the Sheriff is receiving many calls of support from residents and business owners. They have identified 800 gang members in Oakland County – 400 in Pontiac and the remaining 400 throughout the county. The Sheriff has a direct pa trol unit that focuses on violent crimes and uses CLEMIS to identify and map hot spots. Last year 450 arrests were made and those guns were placed in lockup. The Sheriff is very aggressive in getting guns off the streets. The Undersheriff indicated that a USA Today news article stated that in the last 7 years the majority of mass killings included people the shooter knew. The total figure of 934 deaths is less than 1% of PUBLIC SERVICES COMMITTEE Page 7 January 29, 2013 gun-related homicides in that time period. This is still not good but it provides a perspective. Cr ime has been trending downward since 1980 when the homicide rate was 10.2 homicides per 100,000 people. This figure is now 4.7 per 100,000. Violent crime at its highest in 1992 of 757 per 100,000 is now down to 386. Commissioner Bosnic asked that pro-second amendment groups be included in this discussion. OTHER BUSINESS/ADJOURNMENT There being no further business to come before the Committee, the meeting was adjourned at 1:17 p.m. _____________________________________ ___________________________________ Helen A. Hanger Jim Ver Ploeg Sr. Committee Coordinator Administrative Director NOTE: The foregoing minutes are subject to Committee approval.