Monday, May 13, 2013

Removing The Police Department From Oro Valley Politics (Part 1)


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On May 1, Council Member Brendan Burns recommended that the town have the Chief of Police report to the town manager, not to the town council, as is currently the case.

This change would return the reporting structure to what it was before March 9, 2011.  Prior to that time, the Chief was appointed and terminated by the Council; however, the daily oversight and performance evaluations were completed by the Town Manager. (Source)

There is history behind why the current reporting relationship is "as it is today."

Town Manager David Andrew's had tendered a forced resignation September 2009:

On September 28, 2009, Art wrote: "It is a fact, readily admitted by the Oro Valley police, that their union representatives wanted David out. Why, you ask? For no other reason than they think---and, at this point, they damn well may be right---that they run Oro Valley. Remember, David, working for the best interests of the people of Oro Valley believed the police who have by far the biggest budget---about the same as every other department cumulatively, fought "tooth & nail" so as to not allow even one of their own to be cut back, even though other departments had to do so."

The Oro Valley Town Council held a special session on March 9, 2011.   Council Member Snider, with the seconding of Council Member Hornat, motioned to approve ordinance 11-10 of Oro Valley code section 3-2-3.

The case for making the change was presented by Council Member Mary Snider (02:59).  Sndier claimed that there was a conflict between the code and the Chief's contract. Rather than simply amending the Chief's contract to be consistent with the code, she chose to champion removing the town manager from the equation.
"Vice Mayor Snider stated that from a public policy standpoint, there is a conflict between the Code and the Chief's contract.. The Code states that the Town Council appoints the position of the Town Manager, Chief of Police and Town Attorney. She stated that in Section 3-2, the Chief of Police is appointed by and may be terminated by Town Council pursuant to employment agreement. The new language that was added in 2007 stated "daily oversight and performance evaluation shall be completed by the Town Manager." There is a conflict with the current agreement.  From a policy standpoint, the Town Code states that the Chief of Police is hired or fired by the Town Council, but is not responsible for evaluating performance.  Discrepancy is that Council is responsible for hiring but not for performance."
The change in the code resulted in assigning all responsibilities for oversight and evaluation to the 7 member council as a body.  The motion carried 6-1.

Council Member Barry Gillaspie voted "no."

"I intend to vote no on the motion. I believe that it is in the best interest of the Town Of Oro Valley for the Police Chief to report to the manager and I believe that it is workable to amend the contract of the police chief or use it as stated; so that the town council can provide policy direction both through the town manager and to the police chief. I think that [the change] overly politicizes the position. Town Councils come and go but we want stability in our police department."

So, rather than changing the Chief's contract, as Council Member Gillaspie suggested, the council opted to change the code, removing all Town Manager oversight.  Presently, the police submit their budget through the town manager. The town manager has no role in reviewing or critiquing it.

So how's it working out?

The police budget has grown from $12.1 million in FY2011-12 to a "recommended" $13.8 million in FY 2013-14.  This is an increase of 14%.  During this same time period, the rest of the general fund spending has grown 1.4%.
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1 comment:

Anonymous said...

I have three questions about the police department?

1. WHY has its budget increased by 14%, 10 times that of the rest of the general fund spending?

2. Why is the majority of police overtime going to SROs? If an SRO is assigned to a particular school, I hope they are not getting overtime for attending school carnivals or any event after school hours. Teachers, principals or school staff do not receive overtime pay for after school activities. That's part of their contract.

3. WHEN or HOW does the Council evaluate the performance of police department?

It is very interesting Council member Snider suggested this change. As her husband is in law enforcement, it seems she wants to "protect" all law enforcement without question.