Lacey City Council Hears Homeless, Advocates

Above: The Lacey City Council listens to a speaker at the podium about a proposed ordinance prohibiting camping in public places on Thursday evening. Patrick and Danelle Helsper, foreground, live in a recreational vehicle in a parking lot in Lacey and spoke to the council about their current circumstance.

By Janine Gates

Little Hollywood

https://www.janineslittlehollywood.blogspot.com

The City of Lacey just turned 50, and the city council held an appreciation ceremony at its meeting Thursday night for those who made the year long celebration a success.

The accolades, though well deserved, along with the announcement of the city's new song, “You're Never a Stranger in Lacey,” could not have been more poorly timed.

Ironically, the city also had on their agenda consideration of an ordinance related to the prohibition of camping on public property. 

Tens of community members, social workers, and advocates for street people filled the room in opposition to the ordinance. Hasty conversations between council members just prior to the start of the meeting was observed. 

When it came time to approve the agenda, Mayor Andy Ryder made a motion to table the controversial agenda item, saying he wanted people to have a chance to comment on it.

City councils typically do not allow public comment on items already on the agenda and there had been no previous public discussion about the proposed ordinance.

City attorney Dave Schneider gave a brief report, then the council unanimously put the item on the agenda for discussion at their next work session, scheduled for August 3 at 7:00 p.m., Lacey City Council chambers.

The staff report, which lists no disadvantages to the ordinance, reads, “Increasingly, people are camping in public areas in cities and towns across the country. Such camping is taking place in areas that are not designated as, nor intended or designed for camping. The allowance of camping in such areas presents health and safety concerns for the public. Other Washington cities have begun to regulate camping activities via their city codes. 

“Currently there is limited regulation on this type of camping in the City of Lacey. Recent case law suggests that regulations which prohibit camping in public areas are permissible provided adequate shelter options are available for those camping due to lack of shelter. In the Lacey-Olympia-Tumwater area there are several such shelters available, some partly funded by public means. Accordingly, the City of Lacey may legally regulate camping.”

The proposed ordinance would prohibit camping in any park, on any street, or publicly owned parking lot or publicly owned area. Violators would be subject to a $1,000 fine or by imprisonment not to exceed ninety days, or both.

A “compassionate enforcement” section states that the investigating officer shall inquire as to whether the camping is due to homelessness. If the officer learns that is the case, the officer shall determine whether any known homeless shelters within the cities of Lacey, Olympia, or Tumwater have adequate space and facilities available to accommodate the subject of the investigation. 

If the officer determines that all such shelter space is full, the officer shall not issue a citation. If the officer determines that there is shelter space available, the officer may, within his or her discretion, issue a citation, provide directions to the shelter and/or offer one-time transportation to the shelter.

Above: Community members lined up to address the Lacey City Council Thursday night.

A wide range of representatives and volunteers from area homeless support and advocacy organizations, such as Sidewalk, Interfaith Works Emergency Overnight Shelter, and Just Housing argued that there are not enough shelters in the region to house the homeless. The City of Lacey does not have a homeless shelter.

Community activists with veteran support groups, the Libertarian Party, the Thurston County Democratic Party, and various Tumwater and Lacey city council candidates all spoke in opposition to the ordinance. 

Others literally came out of the woods to speak for themselves, telling first-hand stories of their experiences with homelessness.

In all, thirty articulate, passionate speakers spoke to council members.

Just Housing arranged carpools for several people to attend the meeting. Many speakers handed out flowers to council members.

The flowers, some with names attached, signified those who have passed away on the streets or those who are surviving on the streets without shelter.

Tye Gundel, an organizer with Just Housing, said she wanted the flowers to remind council members that the ordinance represents so much more than a simple rule on paper.

“It is an ordinance that has the potential to affect the lives and survival of hundreds. We need to remind them that each one of them has the power in their vote to prevent so many more beautiful flowers from suffering and even possibly, from dying,” she said before the meeting.

Patrick and Danelle Helsper came to the meeting on their own, after hearing about the proposed ordinance on Seattle based radio stations KIRO and KOMO.

“I can’t give you an address,” Patrick Helsper started, trying to fulfill the typical requirement requested by public bodies when speakers approach the podium to speak.

He said he and his wife have been married for 34 years. Their home was foreclosed, and both have medical issues, making them unable to work. They receive Social Security, and park their motorhome in the parking lot of a Lacey business.

The couple says there aren’t enough recreational vehicle parks in the area and Capitol Forest changed its rules, allowing camping ten days in a calendar year.

“We don’t litter or leave trash. …We’re not criminals, we don’t do drugs, we’re just down on our luck! What are we supposed to do? We want to know!”

Eric Miller said that this proposed ordinance hit home for him because he and his brother grew up homeless in Lacey.

When he was about 13 years old, his single mother developed agoraphobia, a fear of leaving the house, which they eventually did not have. He did as many odd jobs as he could. Friends would let them sleep in their garage or on couches. They also lived on the streets.

Through all that, he was vice president of his student body, graduated from South Sound High School, and received a community service award.

“My childhood was not easy, but one benefit that I feel like we had was that my mom didn’t have to run from the police or worry about our RV getting towed or impounded. We did have a lot of other things to worry about, but to me, at a time that income inequality is growing further, we need to look for a way to reach out to the most vulnerable and make things easier for them instead of figuring out new ways to attack them,” he said in an interview before the meeting.

James Blair, of Yelm, is chair of the Libertarian Party of Thurston County.

“When this meeting started, each and every one of you stood up and said The Pledge of Allegiance. The last sentence is, ‘with liberty and justice for all.’ This ordinance does not promote liberty and assuredly does not promote justice,” he said. 

“I don’t tell people this very much, but for nine months, I slept in my truck….Multiple times, wherever I parked, I was told to move….Everyone in this room could end up in the same situation….This doesn’t target homeless people? That’s the only people it’s targeting….You say other cities have this similar ordinances….If someone jumps off a cliff, would you? It’s wrong, and Lacey needs to step forward and find a different solution.”

TJ LaRocque spoke as a private citizen in opposition to the ordinance. 

LaRocque works for Providence St. Peter Hospital and will serve as the manager for the Providence Community Care Center currently under construction in downtown Olympia. The center will provide wrap-around health and wellness services along with showers and restrooms.

He said that if the ordinance was enacted, it would be difficult to reverse, and that the City of Olympia’s ordinance, which is similar to the one proposed by Lacey, has caused damage to the community. 

“Even if this is with the best of intentions not meant to be coordinated around the homeless, there is no way to separate an ordinance like this from homelessness,” he said, saying that the majority of those who are car camping are families who could best be helped with rent assistance and rapid rehousing.

Since Lacey does not have a downtown, he said he does not want to see the ordinance push people out of Lacey and into a concentrated area like downtown Olympia.

“…And when people are looking at whether or not there are enough shelter beds, we fail as a community,” referring to the 200 people per night who showed up per at Interfaith Works’ temporary warming center in downtown Olympia this past winter.

Eric Franks, a man who is disabled and uses a wheelchair, said he became homeless one and a half months ago because the property owner recently sold the home he was living in. He says this is his third stint with homelessness.

He said that Tuesday was the 27^th anniversary of the American Disability Act, and learned that in the late 1800’s, there were American cities that made it illegal for persons with “ugly,” or “unsightly” disabilities to appear in public.

“This ordinance criminalizes humanity. I don’t want to go backwards,” he said.

Phoenix Wendt, who lives in the woods, is active in finding solutions. She participated in the drafting of a resolution that will be introduced to the Olympia City Council at its meeting next Tuesday. If passed, it could result in a standing committee on homelessness.

Before the meeting, Wendt was circumspect about her situation.

“I love everyone and I appreciate everyone to the point that, yeah, I may have a difficult past but this is the best I can give you right now. Why is it that evil is still in this world? Why does it still exist? It is to make us humble to have the pain and suffering to move us closer to understanding love, joy, and beautiful mercy and compassion for others. It brings us closer together,” she said.

Above: Just Housing organized a rally outside Olympia City Hall on Tuesday evening.

Training of an Olympia Police Officer

Postscript to Man with a Gun: A Night in the Life of an Olympia Police Officer

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

In light of the May 21 Olympia police officer involved shooting of two men, the community is asking questions about general police training, tactics, use of force, and the discharge of a firearm.

 

On Saturday, September 12, Little Hollywood spent four hours shadowing two officers with the Olympia Police Department and reported on the experience in a story posted September 17 at www.janineslittlehollywood.blogspot.com.

That night, at about 10:30 p.m., Officer Jeff Davis responded to a call involving a man with a gun at the Emperor’s Palace restaurant located on Cooper Point Road.

At the scene, Officer Davis drew his duty weapon on the suspect and then holstered it within seconds. He did not fire his weapon.

Little Hollywood later asked Officer Davis why he pulled his gun from his holster and what the protocol was for such an action.

Davis replied, “When we responded to the man with a gun, we were the third responding unit on scene. As we drove around the northwest corner of the building, I observed two officers with the suspect and immediately exited my vehicle. Yes, the suspect was down on his knees with his hands up, but the suspect was not in hand-restraints and/or yet in custody and still represented an immediate deadly threat to officers and the general public.

“When I exited my vehicle, I immediately armed myself with my duty weapon and moved toward the two officers and the suspect in order to provide cover to them and assist with restraints. 

“Once there, I observed another officer place the suspect into hand-restraints and remove a large black semi-automatic handgun which was lying just inches from the suspect’s feet. An officer requested I double-lock the restraints so they would not cinch down and hurt and/or damage the suspect’s wrists. My duty weapon was holstered and secured as I moved in to double-lock the restraints.

“We are trained that action beats reaction every time. It is my training and experience that even though a suspect is kneeling and facing away from me, he still represents a deadly threat until completely secured. He could still reach for and/or grab for the weapon that was lying mere inches from his feet. 

  

“We, as officers, are trained to use ‘Contact’ and ‘Cover’ principles when responding to calls for service as well as contacting suspects. The two officers were ‘Contact’ while I was ‘Cover.’ The main protocol for this type of call is a combination of officer safety and scene security. Our main goal is to do things as safely and efficiently as possible. We, as officers, cannot investigate until we have established a safe and secure scene.”

In his official incident case report, Davis writes, “….Once secure, I immediately removed a large fixed blade knife and leather sheath from his left pants pocket. Officer Bronson arrived and together we assisted the suspect up to his feet in order to complete the pat down for weapons.” 

Asked how often he has felt compelled to take similar actions to draw his weapon, Officer Davis said, “So far, while being on dayshift, I have yet to remove my duty weapon from its holster. However, when I was working graveyard, it was fairly common for me to remove my duty weapon multiple times per shift. We are trained to keep our weapons in the low ready position and off target until a deadly threat presents itself.”

It is a long process to become a police officer. There are 272 recognized law enforcement agencies in Washington. To attend the Basic Law Enforcement Academy in Burien, you must be hired first by one of those agencies.

City of Olympia police Lt. Aaron Jelcick says less than five percent who apply make it to the streets. He explained the screening process in rough terms.

“Out of about 100 men or women who apply, the initial written and physical test will immediately filter out about 30 percent of applicants. Next, the psychological screening will reduce that number about 50 percent. About seven or eight will move forward to the oral review board process and background screening, but half of those individuals will wash out.

“About four are left out of the initial 100 to get an interview with the police chief who will have a conversation with the officer about post-traumatic stress disorders, bias, and other issues. At this point, they need to sign a waiver allowing the department to access their military files, if any. After the interview and reviewing those files, half will not pass. Two individuals are left to take a polygraph test.

“At this point, the one or two who are left are hired, go to the police academy to get trained for five months, go through rigorous mock scenarios involving legal issues, contact, level of force, search and seizure, and more. After this, an officer is on probation for one and a half years from the date of hire.”

A workbook called Blue Courage and a little book called The Nobility of Policing: Guardians of Democracy sat on Jelcick’s desk during our interview. 

The latter book features inspirational quotes by famous leaders and poignant stories of officers who have found themselves in challenging situations. The police academy uses these books to help officers review why they became officers in the first place. 

Plato described the policing profession thousands of years ago as the ‘guardian of democracy.’ He said, “It does not matter if the cobblers and the masons fail to do their jobs well, but if the Guardians fail, the democracy will crumble.”

When asked if there are quotas for citations or arrests, Jelcick said that that is a common myth.

Jelcick said he used to be a walking patrol officer in Olympia in the late 1990’s, and he would write about 10 criminal citations in one night for nuisance behaviors such as public urination and disorderly conduct because that was the strategy to get people off the streets.

“We went through, writing tickets, without thinking of the unintended consequences….We can’t arrest our way out of problems. The result was that most tickets turned into warrants for arrests and our jail was full….Now, we ask our officers to ask themselves, ‘How can I solve this problem?’ Writing tickets is our last resort….”

Little Hollywood observed officers on the evening of September 12 being quite tolerant of known violations such as Olympia’s pedestrian interference ordinance that restricts sitting and lying on public sidewalks.

Jelcick described how last week officers directed social services staff to the artesian well area to meet a man who needed treatment, knowing full well that the man was not going get it on his own.

“We’re thinking outside the box…and taking a qualitative approach rather than a quantitative approach,” said Jelcick.

Jelcick said that at any one time, there are about 15 – 20 persons in the city jail for felonies, driving while intoxicated, domestic violence, or awaiting arraignment on charges.

For more information about Olympia police tactics and protocols, see http://www.codepublishing.com/wa/olympia/?opd/OlympiaOPDNT.html

Code Enforcement Leaves Olympia Resident Frustrated

Above: Melinda Spencer arrived early at tonight's Olympia city council meeting to give public comment about an alleged commercial marijuana grow operation in her northeast neighborhood. Spencer believes that three recent utility line fires near her home were caused by the operation. 

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

Code enforcement for residents of the City of Olympia is an issue fraught with emotions. Law abiding citizens turn to the City of Olympia for help and information regarding sidewalks blocked with vegetation, abandoned or dilapidated houses used by the homeless, abandoned vehicles, busy drug houses operating in established neighborhoods, and nuisance dogs.

Commercial businesses like the Grande Terrace on Capitol Lake, a wedding and event venue on Deschutes Parkway, also test neighbor's nerves, when they are blatantly allowed to skirt the law, operating in a residential neighborhood and violating the terms of temporary use permits, as well as known federal and state law and city ordinances.

With the help of a concerned group of neighborhood volunteers between 2010 and 2014, the city did pass a repeat violator ordinance and developed an action plan to improve code enforcement but a functional online system that would allow citizens to track the status of code enforcement complaints has yet to be implemented.

Not surprisingly, a 2014 opinion survey of Olympia’s city government services by Elway Research published last November indicates that code enforcement is lagging.

Out of thousands contacted, the poll surveyed 952 residents drawn from a list of residential utility customers provided by the city.  Survey respondents were asked about the quality of life in Olympia and their assessment of city government programs and services.

Performance lagged behind expectations for six services: neighborhood planning, permits and code enforcement, sidewalks, land use, street maintenance and police patrols.

Neighbor Concerned About Alleged Marijuana Grow Operation

Tonight, northeast neighborhood resident Melinda Spencer addressed the Olympia city council about an alleged unpermitted, commercial marijuana growing operation. The home is 200 feet from Roosevelt Elementary School.

Earlier this month, Spencer reached out to Little Hollywood for assistance and granted an interview to explain her plight.

Spencer said that she believes this operation has caused three fires on the power line outside her home since June 29, causing a transformer fire, lit the lawn on fire, and closed the street. She is concerned about the electrical safety of her home, and other homes in her neighborhood, as well as other issues.

In her comments to city council tonight, Spencer said, “Because this business continues to operate unchecked, we are bracing for the next power surge and fire. The city better hope that the melted service line doesn't fall on a school bus, Intercity Transit bus, U.S. Postal Service mail carrier, or anyone else who lives or travels on our street. We need city staff to investigate this situation and take the appropriate actions. And I shouldn't have to lobby City Council to get our staff to do their job.” 

Spencer mentioned that a group of volunteers worked for four years with city staff from 2010 until 2014 to develop workable solutions, but which city managers have largely ignored.

“You should be very concerned about the lack of accountability that has been allowed to take root among our city staff. Volunteers work for years to cultivate strong neighborhoods, but city staff demolish those gains when they ignore clear code violations and allow unsafe and illegal commercial operations to flourish in our communities,” said Spencer. 

 

“I’m sure the individual code enforcement officers took their positions with the city with every intention of doing a good job for the citizens of Olympia. But something is broken at top levels of city management, and this breakdown has cultivated a culture of inaction among key city staff. Olympia will never grow into its potential if residents' efforts to build strong neighborhoods are obliterated by the lack of accountability among management at City Hall,” she said.

Little Progress and the Run-Around

In her interview with Little Hollywood, Melinda Spencer said she works fulltime and researching city codes has been exhausting.

“This is not what I do for living, and I might have missed something, but I want to know what universe I am in that it takes all this work to get city staff to help us with this situation. I’ve lived here 18 years and I’ve never needed code enforcement. Now that I do, I need them to help me,” said Spencer.

Spencer brought her concern to the attention of the city code enforcement staff in June. She also informed Puget Sound Energy (PSE). As her research increased, so did her email communications to the city. Most recently, on August 13, she informed the city council of her concerns, and received no reply. 

In an email to Spencer on August 7, the city's code enforcement manager, Todd Cunningham, said that the service line from the pole to the home is regulated by PSE – the city has no jurisdiction over this part of the electrical system. He referred the situation to Chris Grabowski, the city’s lead code enforcement officer in charge of complaints for the Eastside.

On August 11, Grabowski referred Spencer to Jeff Payne at PSE, who informed Grabowski that PSE was looking into the line failure but they had not made a determination yet on the cause of the fire. According to Spencer, PSE has had to repair the service line to the property three times since late June.

Grabowski also told Spencer that her issue was not a code enforcement issue, but a law enforcement issue. Grabowski forwarded her concern to the Olympia police, who then forwarded it to the Thurston County Narcotics Task Force.

The business is not listed as licensed on a list of marijuana license applicants by the Washington State Liquor and Cannabis Board (WSLCB). The WSLCB does not issue licenses for locations that are personal residences.

The residence is a small home on a 0.17 acre residential lot owned by Michael Saulino of Ocean Shores, according to Thurston County Assessor’s Office information.

Attempts by neighbors to reach Saulino in early August were unsuccessful. The homeowners sent Saulino a certified letter, but have seen no changes at the home.

“The pot-growing operation continues as usual and it does not look like the tenants are being evicted. We continue to be concerned about fires resulting from these activities,” said Spencer.

Spencer showed Little Hollywood two photos that show how the service line to that property was taped and clamped after the most recent power surge and line fire on July 30.

According to Spencer, a PSE employee who was at her home to determine if her power supply has been affected by the surges said that the fixes to the melted service wire may not appear to be safe, especially if the pot-growing equipment continues to draw extraordinary amounts of energy.

Spencer’s husband, Keith, and PSE staff were given tours by the tenants of the marijuana operation inside the home as well as two attached and detached garages, and confirmed that air conditioners have been running around the clock since they moved into the rental home in January.

In response to Little Hollywood's question about odors, Spencer said, “Yes, there are uncontrolled odors, and the pesticide and fertilizer use goes down into our water system, but the pot operation isn’t even the issue for me. It’s an unpermitted commercial operation that is exceeding the capacity of the system in a residential area….The city is on the hook for this,” said Spencer, as she concluded our interview.

City Response 

As is customary at city council meetings, council members listen to all speakers at public comment time and at their discretion, choose to respond to specific speakers and issues.

In response to Spencer’s comments, Olympia city manager Steve Hall said that city staff has been very responsive to Spencer’s concerns, and detailed the city communications with PSE and staff, information that was already known to Spencer. Hall said PSE has assured the city that the power lines are safe.

Hall also said that he just received information that he had not shared with Spencer.

Hall said that city staff contacted the Thurston County Narcotics Task Force, who investigated and determined that the location is a collective garden operation, which would be allowed under state law, and as such, would not be regulated by the city, nor is a business license required. 

Councilmember Nathaniel Jones commented that he remains concerned about the city’s role in the situation and was concerned about the three recent fires within a short period of time.

“It seems to me we have some responsibility to follow up with PSE in our role….to ensure there are no remaining concerns about fire risk or electrical failure.” He thanked staff for what has been done but said the report did not give him confidence on continuing risk.

Councilmember Jeannine Roe also thanked Spencer for coming, and said she sensed that the city needed the improve communications with constituents.

As the council turned to other business, speakers left the council chambers en masse. Hall quickly gave Spencer his business card as she left.

Outside city hall, Spencer was incensed with Hall’s comments.

“….I was last in contact with the city on Thursday and I never heard anything else after that…. He could have had the courtesy to call or email me…To undercut what I said in public! That’s mean! I’ve waited the last three business days for communication from the city because I’ve been giving them the benefit of the doubt. All along I’ve been thinking, ‘prove me wrong!’ You just don’t do that!”

Spencer complimented the councilmembers who expressed concern about the issue.

“It is not a collective grow operation. They have several hundred plants in there. The city is trying to tie it up in a tiny little bow because code enforcement minimized the problem,” said Spencer.

Above: City of Olympia's Strategic Communications Director Kellie Purce Braseth, who began her new position with the city on July 13, checks the public comment sign-in sheets at 6:50 p.m. City council meetings usually start at 7:00 p.m. At the beginning of the meeting, Braseth takes the sheets to the mayor, who usually calls speakers up to the podium in the order in which they signed up.

Tonight, ten speakers spoke on issues related to code enforcement, public support for the city's possible purchase of 75 acres off Kaiser Road as open park space, support for a $15 minimum wage, support for the the city's possible purchase of LBA Woods, and Black nationalism.

Proposed Downtown Olympia Drug-Free Zone Ordinance Passes Committee

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

To potentially thwart the activity of drug dealers in downtown Olympia, a proposed drug-free zone ordinance passed the city’s Land Use and Environment committee on February 20 and will now go to the full council.

It has not yet been scheduled to be heard by the city council as of this week.

The draft ordinance designates five civic centers located in downtown Olympia and the area within 1000 feet of the perimeter of each civic center as drug-free zones.

These civic centers include the Hands-On Children’s Museum on Adams Street, the Washington Center on Washington Street, the Olympia Center on Columbia Street, Olympia City Hall on Fourth Avenue, and the Olympia Timberland Library on Eighth Avenue. A map indicating the areas shows that the downtown core of Olympia is covered.

The draft ordinance, states, “…there is an increase in the consumption of illegal felony drugs, including methamphetamine and heroin….Drug-free zones will permit a potential enhanced sentence if a person is convicted of a felony drug offense in violation of 59.50.401, 69.50.410, and 69.50.204, excluding marijuana leaves and flowering tops….”

The creation of the draft ordinance was a joint decision made between multiple agencies and departments within the city. 

The police department worked with the city prosecutor, the Thurston County prosecutor, the Thurston County Sheriff, the city manager’s office, the Community Planning & Development department, the Parks department, and the Public Works department.

The top five reasons for arrests downtown in 2013 in descending order, are outstanding warrants, drinking in public, trespassing, assault, and narcotics, says Amy Stull, senior program specialist for police community programs at the Olympia Police Department.

Roberts and Tunheim Address Proposed Ordinance

Olympia Police Chief Ronnie Roberts and Thurston County Prosecutor Jon Tunheim explained the proposed ordinance in a brief presentation to the committee.

“State law allows this designation….It certainly is not the solution. We can’t arrest our way out…but it does allow us to identify those repeat offenders and refer those cases….All these areas are where we’ve had a considerable number of calls,” said Chief Roberts.

The proposed ordinance uses current statute language and does not take the passage of I-522 into consideration. “The marijuana discussion is different,” said Tunheim.

Tunheim said his office would use the designation as a strategy, and is a collaborative effort with other agencies. “It has a valuable role, and is really consistent with the ongoing efforts of the Olympia Police Department and all law enforcement leaders of the community with a more regional approach….I want to stress it’s not our intention to go on an all-out enforcement effort and jail everyone we can….It’s about the prosecution of drug dealers and the ability to address the chronic offenders with some enhanced sentence.”

Tunheim said that with an arrest for a felony drug case, the offender could go to the state prison system if the sentence exceeds one year, or it could get handled on a county level. “The enhanced sentence automatically kicks us into that conversation for treatment options, through the Drug Offender Sentencing Alternative (DOSA) or Drug Court.”

The Thurston County Superior Court Drug Court is a 12 – 18 month treatment program, but not everyone is eligible to participant.

Tunheim said, “Coerced drug treatment can be as effective as voluntary treatment, and that’s a shift of what we’ve known before….The more leverage you put on the table, the greater chance they can get treatment.  Make no mistake - dealers are in it for the money. That’s what they’re motivated by.”

Roberts and Tunheim would like a map of the ordinance area to be part of the ordinance. “Admitting it into evidence makes it easier for us, so we can say, ‘here’s the zone, here’s where the deal happened.’”

Tunheim added that the prosecution doesn’t have to prove that the offender knew it was a drug-free zone and says a dealer is defined as someone who possesses drugs and paraphernalia with intent to deliver. Evidence could include packaging, materials for the purpose of redistribution, scales, notes, records, multiple packages of all the same weight, and the presence of drugs.

“There is no automatic threshold – it’s just the totality of evidence,” said Tunheim.

Tunheim said he plans to ask the court to restrict the offender’s ability to come into downtown. “If the court puts that in place and a law enforcement officer knows they have that order, then they will be in violation of a court order, and the officer can engage that person and make an arrest.”

The specifics of an exclusion order will be addressed at the time the order is issued by the court, said Chief Roberts, when asked later by Little Hollywood.

Asked if there is capacity to hold additional offenders, Tunheim said yes. “Yes, we have capacity. We have for quite awhile. We face this challenge of people not looking at a lengthy sentence for a felony…they serve time, get out, and do it again. It’s tougher for us to push people into treatment….The Drug Court has their own treatment staff. There is capacity. In the county overall, outside the criminal justice system, for detox and drugs, there is a lack of capacity.”

Felony offenses are already illegal in parks so drug-free zone signs will not need to be placed in parks such as Heritage Park or Sylvester Park, which are governed by the state. It is expected one sign per city facility would be sufficient notice.

“The signs will send a message to the community that we’re taking this serious, that we’re cracking down,” said Councilmember Jeannine Roe.

Councilmember Langer said he would like to get the word out to the Tacoma community that dealers are not welcome in Olympia. Roberts and Tunheim said there are already collaborative efforts underway with the City of Tacoma Narcotics Task Force.

Connie Lorenz, executive director of the Olympia Downtown Association, asked about the Olympia Farmer’s Market. Roberts admitted that the market is not included in the zone and is a point of contention in discussions. “I was concerned with going too far. It is city property….the city attorney will have to weigh in.”

Councilmember Steve Langer invited public comment during the meeting, and community member Monica Hoover said that the proposed ordinance criminalizes poverty.

She followed up her comments with a letter to the council, saying in part, “I have no faith that the prison system contains solutions for the vast majority of the problems we are facing in society.  They are mostly part of the problem that drains resources away from what people really need.

“The United States has the highest incarceration rates in the world; many times greater than countries that we might consider our peers.  Longer sentences for drug related crimes are a significant part of this problem.  Please reject this ordinance and work for solutions that don't exacerbate the prison problem.”

Tunheim responded, saying that in the last 25 years, there has been a dramatic shift away from incarceration to treatment. “….Evidence is showing us that criminal justice gets people into treatment and use the system as a way to get into treatment.”

Roberts said that when people complete Drug Court, the charges are dismissed.

Roe said she views the proposed ordinance as a deterrent for hardcore dealers. “It may save some lives, and targets individuals making a business of this.” Langer agreed. “I support this. It deals with drug dealers and not users.”

Exclusion From Downtown Olympia

Later, Tunheim clarified for Little Hollywood that whether a certain offender is excluded from the downtown or not is ultimately a judge's decision and will likely be made on a case by case basis, depending on the circumstances of that case and the offender. 

“Both the state (through the prosecutor) and the defense are allowed opportunities to make recommendations to the court before a judge makes the decision.  My deputy prosecutors will generally recommend a condition like this if they believe the person continues to present a risk of further criminal behavior downtown.  A judge can potentially order someone excluded from downtown at any point in time after they are arrested and charged and, once imposed, a condition like this would likely last until the case is concluded. However, if the defendant is convicted, the same order can also be part of the court's sentence extending the condition up to a couple of years.”

To clarify questions regarding the Drug Court program, Tunheim also said later:

“In almost all cases involving drug related charges, participants who graduate have their charges dismissed.  That is part of the reward for successfully completing the treatment program.  Their “record” (because it does not involve a conviction it is generally only available to law enforcement) shows only that they were arrested and charged, but that the charge was dismissed.  If someone enters drug court but is terminated before they graduate, then the judge decides their guilt or innocence for the original crime based only on the information contained in the police report.  If convicted, then they will have that conviction on their record.”

Upcoming:

A conference, Substance Abuse: A Community Response, will be held Wednesday, April 30, 2014, from 9:00 a.m. to 4:00 p.m. at Great Wolf Lodge Conference Center, 20500 Old Highway 99 SW, Centralia, WA 98531.

Sponsored by the Thurston County Drug Action Team, the conference will provide educational breakout sessions, opportunity for discussion and collaboration, and informative professional keynote speakers.

Prevention leaders, treatment professionals, law enforcement professionals, educators, health professionals, government officials and community members are invited to attend. 

The conference is designed to cover all community sectors and focus on current and emerging issues, latest research findings, best practices, successes, lessons learned, and problems solved. The conference is designed for all levels of experience. 
 

Early-bird registration, on or before March 31, is $35 and includes lunch. Regular price registration, April 1 and later, is $45. Payment for registration must be received on or before March 31 to qualify for the early-bird price.

For more information, contact Tamara Clark, Events Coordinator, TOGETHER!, at tclark@thurstontogether.org or 360-493-2230 ext. 10.

For more information about the proposed ordinance, go to the February 19, 2014 story, “Draft Drug Ordinance Covers All of Downtown Olympia,” at www.janineslittlehollywood.blogspot.com.

The City of Olympia website is www.olympiawa.gov

Draft Drug Ordinance Covers All of Downtown Olympia

Draft Ordinance to be heard in Land Use this Thursday

By Janine Unsoeld
www.janinelittlehollywood.blogspot.com

A draft ordinance designating certain civic centers located in the city of Olympia and the area within 1000 feet of the perimeter of each civic center is being proposed as drug-free zones. The ordinance would add a new section to Olympia's municipal code.

These civic centers include the Hands-On Children’s Museum on Adams Street, the Washington Center on Washington Street, the Olympia Center on Columbia Street, Olympia City Hall on Fourth Avenue, and the Olympia Timberland Library on Eighth Avenue. A map indicating the areas shows that the entire downtown Olympia region is covered.

The draft ordinance will be heard on Thursday, February 20, 5:30 p.m., in the city’s Land Use and Environment Committee, at Olympia City Hall, 601 4th Avenue East.

The committee is chaired by Olympia city councilmember Steve Langer, and includes Councilmembers Jeannine Roe and Julie Hankins.

The draft ordinance, states, “…there is an increase in the consumption of illegal felony drugs, including methamphetamine and heroin….Drug-free zones will permit a potential enhanced sentence if a person is convicted of a felony drug offense in violation of RCW 59.50.401, 69.50.410, and 69.50.204, excluding marijuana leaves and flowering tops….”

The creation of the draft ordinance was a joint decision made between multiple agencies and departments within the city.  The police department worked with the city prosecutor, the Thurston County prosecutor, the Thurston County sheriff, the city manager’s office, the Community Planning & Development department, the parks department, and the public works department.

In response to several questions from Little Hollywood about the draft ordinance earlier this week, Olympia Police Chief Ronnie Roberts responded:

Little Hollywood:

I am not sure stiffer drug sentences are a deterrent to drug use or an ordinance will be helpful in guiding people where they choose to do drugs, do you? Perhaps this is one piece of an effort to "clean up" downtown?

 

The ordinance covers all of downtown. It sounds like the police would be doing their regular job to make arrests as needed, but the additional police time would come primarily after the arrest. If our police are able to do their part, and make the bust, have additional police time and court trial times been taken into consideration?

 

Has a potential enhanced sentence been discussed with city or county prosecutors? Is the Thurston County Drug Court involved in these discussions?

 

In the course of enforcing this ordinance, could there be an increased effort, or perceived effort, that police could stop and question/frisk people who look undesirable? I am not sure what our current police protocol is about this, but it's been an issue in other cities.

 

Olympia Police Chief Ronnie Roberts:

 

“The concept of creating drug free zones was an idea proposed by the county prosecutor several months ago when he and I were discussing a regional approach to address crimes downtown.  The RCW already identifies drug free zones and allows for local governing authorities to identify and designate civic centers as drug free zones. 
 
“The designation is not designed to eliminate drug crimes but can serve useful purposes.  It is part of a much broader strategy to reduce the impact of drugs in our downtown core.  It serves as a positive statement about what behaviors are acceptable and desired in our downtown and provides a way for the County Prosecutor to address chronic and repeated violations of drug crimes. 

“While the statute allows for enhanced penalties and some may be prosecuted under that context, it will help guide individuals into drug court and treatment through a criminal justice process.  It will also work to assist the prosecutor’s office in creating exclusion orders for individuals who are repeated committing felony drug crimes in downtown.  The prosecutor has committed one prosecutor to handle all downtown felony cases to ensure we are responding consistently.  She is also closely connected to the Thurston County narcotics task force. 

“The intention is to not prosecute every felony drug crime under this statute, we do not have the space to house every offender even if we wanted to but there are individuals who need treatment and the only likely way they will receive it is through an enforcement process. The city prosecutor has been involved in the drafting of the proposed changes to our municipal ordinance.

“The Olympia Police Department has made no changes to stop and frisk policies and will follow current laws.  There is a focused effort to change downtown and officers will be actively engaged in reducing crime downtown.  We are focused on criminal behavior not on social status.  We have two foot patrol officers assigned downtown who work with the Ambassador Program, Capital Recovery Center, Union Gospel, Sidewalk, Behavioral Health Services and many other services to address negative behavior that often stems from mental health issues and chemical dependency.”

Echoing Chief Roberts' response, Laura Wohl, public information officer for the city of Olympia police department, added: “The enforcement of the drug-free zones is really no different than the enforcement of the rest of our drug laws.  The drug-free zones add additional sentencing criteria for crimes that are committed within the zones that are drug-related.  In that sense, no additional enforcement is needed. 

“However, the illegal drug use has been growing downtown which is what has prompted a multi-prong response, including the drug-free zones.  Part of that response includes the addition of two walking patrol officers to our regular patrol complement.  One position was started in 2013 as a temporary position, but two full-time positions were funded in 2014.  In addition, we have emphasis patrols also occurring downtown. 

“Emphasis patrols involve officers working on a specific issue for a particular amount of time.  For example, several officers might be assigned to patrol a known area of drug dealing over Friday and Saturday night when drug deals are expected to occur.

“As you note, the criminal justice system is greater than just the police.  Most drug crimes are felonies, meaning they will be prosecuted by the county prosecutor’s office.  The prosecutor has worked closely with the city in developing our drug-crime reduction strategies and is prepared to devote the resources necessary to prosecute drug crimes.  Any incarceration would occur at the Thurston County jail and the Thurston County sheriff, who runs the jail, is also on board.”

Thurston County Prosecutor Jon Tunheim is expected to be in attendance at the Land Use committee meeting.