The Making of Olympia's Newest Police Officer: Wally Noel

 

Above: City of Olympia Police Chief Ronnie Roberts, left, welcomes Wally Noel, Olympia's newest police officer, after administering Noel's oath of office.

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

A brief, formal swearing in ceremony yesterday marked the beginning of a new chapter for Olympia's newest police officer Wally Noel and his family.

“We're seeing a whole new generation of police officers,” said Olympia city manager Steve Hall, after the ceremony.

“We have officers who have worked at Starbucks, in banks, served in the military…it’s really exciting in terms of the diversity in background….This is the future of our force.”

Noel, who will retire in a month as a Major from the Army, lives in Tumwater with his wife, Betheny, son Deven, 14, and daughter Kiran, 10. He holds a Bachelor of Science degree in Public Administration and a Master of Arts in Business and Organizational Security Management.

Noel spent 20 years in active service as a military police officer. He served in the Army prison system for 10 years, went through several deployments in Iraq and Afghanistan, served in detention operations at Guantanamo Bay, and was assigned to Joint Base Lewis McChord two and a half years ago.

“We love the state of Washington, and Olympia. This is where I’d like to retire. My kids and wife absolutely love it here,” said Noel.

After witnessing the ceremony, Olympia police department administrative assistant Marianne Weiland noted the longevity of officer's careers and said that Olympia went through a big hiring of officers 20 to 25 years ago.

“Many of them are now retiring...it’s been exciting to see the changes,” she said.

Noel’s Family

After the ceremony, Noel’s family was all smiles. I asked Deven what he likes best about the Olympia area.

After some reflective thought, and sighing, he said, “Finally, we don’t have to run around.” Deven, who wore a tie and a white, long sleeved shirt, plays trumpet for the Tacoma Youth Junior Symphony, and will go to Black Hills High School next year.

“We’re finally in one spot,” Kiran agreed. She says her favorite hobby is going out to eat. Asked what her favorite local restaurants are, mom Betheny mentioned Vic’s Pizza, any place with sushi, especially spicy tuna, and Lacey’s new Jimmy John’s. Kiran heartily agreed.

As relative newcomers, Betheny described her impressions and passion for the South Sound community.

“After 20 years of traveling, this definitely is our home. We’ve been a lot of places, but this is the only place we feel people have open arms. We’ve lived in Germany, Italy, Hawaii, the Midwest, and the South, and people here are very open, even the homeless people. I walk by and they say, 'Good morning!' I’m very impressed.”

A fulltime wife and mother, Betheny is busy with her children’s activities and parent teacher organizations, volunteers in their classrooms, and is active in Tumwater school issues. She says she has high expectations for quality education.

“We’ve lived in Dupont, Pierce County, Lacey, and Tumwater and I’m really impressed, overall, with how the community here supports the whole child, offering support to military families, taking the time to talk to students, and caring about their emotional well-being.  This is also a community where the arts are supported – that’s important to me. When you’ve been a transient family for so long, we need outlets. Not all kids like football.

“I believe all kids, whether they come from foster homes, the military, or are bouncing around due to divorce, need the schools and the community to work together to disseminate information, to have sources for opportunities….”

She says when Deven starts at Black Hills next year, he will have attended eleven schools.

“When children move around and change schools, they lose credits,” she said. She is already looking forward to Deven's attendance at New Market Skill Center’s free summer classes, which are available for students entering 9th through 12th grade, and later, the Running Start program.

Running Start is a program designed for eligible juniors and seniors to enroll in college level courses at South Puget Sound Community College to receive both high school and college credit.

The Training of a City of Olympia Police Officer

On July 1st, Noel will head to a five month training in the police academy, then begin Olympia’s three to six month training, and begin an 18 month probation process, all before he can go solo on the streets of Olympia as a patrol officer.

Amy Stull, senior program specialist for the Olympia police department's community programs, says an officer candidate has to be hired by a law enforcement agency in order to attend the training academy.

“Completing the academy gives them state certification. If they don’t pass, they don’t retain their employment.”

The academy, coordinated by the Washington State Criminal Justice Training Commission, is in Burien. All law enforcement officers attend that academy, except for the Washington State Patrol, which has their own version.

Stull wrote about the new officer training process for the Olympia Police Department newsletter in February, 2013:

In the 1990’s, standard training was done by field training officers. New officers would be assigned one field training officer after they completed the state Basic Law Enforcement Academy (BLEA). In recent years, the Olympia Police Department has transitioned to the police training officer model.

One of the goals was to better mesh with the Academy’s movement towards integrating more adult learning concepts. New recruits now go through training after the Academy and during their 18 months of probation. 

Under this new model, teaching is based on four substantive topics: police tactics, criminal procedure, report writing and emergency response. Within these categories are fifteen core competencies – use of force, local procedures (laws and policy), leadership, problem solving, community-specific problems, cultural diversity, legal authority, individual rights, ethics, observations skills, multi-tasking, police vehicle operation, conflict resolution, officer safety, communication skills and lifestyle stressors.

The training period is divided into four phases with a mid-term and final evaluation. Each phase takes two to four weeks. Phase one is focused on non-emergency operations, the second on emergency response, the third on criminal procedure and the fourth on patrol activity, which encompasses everything learned during the training. After the first two phases, a different police training officer evaluates the recruit’s progress. Yet another officer takes the recruit through the next phases and a fourth police training officer does the final evaluation.

The goal of the program is to put recruits in learning situations that allow them to use their level of knowledge and problem solve. Training officers look for opportunities to create problem-based learning exercises that involve multiple core competencies. This makes it possible to carefully evaluate each new employee’s chance for a successful career at the Olympia Police Department.

Current Olympia Police Department Officer Statistics

When asked for specific statistics on current officer demographics regarding gender, race, and language diversity, Olympia police department spokesperson, Laura Wohl, provided the following information:

“We now have eight female officers. As for languages, we have one certified Spanish interpreter. We also have several bilingual or semi-bilingual people who are not certified. Certification requires a test and then allows one to interpret in court. Because they are not certified, we don’t have a formal record of these officers, so I’ll give you the best that I can remember: of those who speak a second language, we now have two officers who speak sign language and we have two or three who speak Spanish.”

After some research by the human resources department, she said that in the last 25 years, the department has employed 12 African American officers and corrections officers, three Hispanic/Latino officers and corrections officers, and four Asian/Pacific Islander officers and corrections officers.

“We have had African American police officers at different times in the last 25 years. We did have a period recently when we had no African American police officers on the force – between November 2012 and April 16, 2014, when Wally was sworn in,” said Wohl.

Above: Noel's police badge.

For more information on the Olympia Police Department or law enforcement issues, events and activities, and past statistics, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search button.

Winter Camping Weekend at Mt. Rainier

Above: Moonrise over the Tatoosh. Not too far up, winter camping offers rewarding views.

 

Getting Away From It All: Winter Camping on Mount Rainier

By Janine Unsoeld
www.janineslittlehollywood.blogspot.com

The gate between Longmire and Paradise at Mount Rainier National Park is now open 24 hours, but always check for park alerts, news and weather before you leave home.

No doubt, the National Park Inn at Longmire is an enticing and very romantic possibility for spending a night or two, and the historic Paradise Inn is scheduled to open for the 2014 season on Wednesday, May 21.

Winter camping this past weekend on the mountain, however, was spectacularly beautiful, and offered its own rewards to practice physical and mental endurance, and gear management.

I learned a lot: Hand warmers in my gloves were life-savers, as were the stash of nuts in my pocket when my go-to calorie supply of Snickers bars were frozen so bad I couldn't get a bite off, ever, and, for someone my size, carrying a 46 pound pack was a ridiculous load. 

Despite the grueling lessons learned, it was great to escape from the routine, and remind oneself that there’s more to life than work, meetings and day-to-day minutia.

Above: The weather at Mt. Rainier was clear and beautiful this past weekend. At 2:00 a.m., and throughout the night, the moon was bright orange, with stars and shooting stars on display.  

Above: Coming back from Panorama Point at sunrise.

 

Above: Janine learns the hard way, and carries a ridiculously heavy, but seemingly necessary load.

 

 

First Day of Spring in Olympia

 

By Janine Unsoeld

Babies in strollers, puppies on walks, cherry blossoms in bloom, and children of all ages blowing bubbles on Percival Landing…hey, it’s the first day of Spring!

A 22 year tradition continued with bubble blowing on Percival Landing by “The Kiss” statue during the noon hour today. The event happens no matter what the weather – wind, rain, hail, sleet, snow, and yes, sun! This year, it was all sun, blue skies, and puffy white clouds, with just the right amount of wind to help blow the bubbles up into the air.

Above: Ten children from Debbie’s Daycare in Tumwater participated, and many others who heard about the event, or just happened to be walking by. Many said they will come back next year. The tradition will continue!

There are many critical life lessons to be learned during the tricky craft of bubble making and blowing. For the adults, the secret formula for the perfect bubble juice is very exact and concoction amounts must be measured carefully for the creation of awesome bubbles.

For the children, patience, too, is key: bubbles don’t always work out, depending on the wind and other factors, especially when other children take great joy in stomping and popping them before they get too far away.

Above: One boy received a private lesson on the art of bubble making from Gita Moulton, left, as he used a special wand that opened and closed. He showed great patience and his efforts paid off splendidly.

Above: Devon D., an artist who was making a rubbing of nearby tile art onto black construction paper, also came by to participate in the festivities.

A great time was had by all!

 

 

 

Olympia Planning Commissioners Meet Privately With Developer Before Zone Amendment Hearing

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

A situation of a possible violation of the Open Public Meetings Act when two strategically planned, off the record meetings and conversations occurred, involving six members of the city Planning Commission, three Olympia city councilmembers, and an area developer, Jim Morris.

The Planning Commission is a quasi-judicial body that hears land use issues and reports and makes recommendations to the city council.

Morris is a party to a code text amendment zoning case having to do with a professional office/residential multifamily zoning district in the Kaiser-Harrison area on the Westside of Olympia.

Morris is in favor of the proposed zoning code amendment, and submitted comments on it prior to the deadline of March 10.

March 10 at 5:00 p.m. was the last day to comment on the case, File 14-0210, which is currently before the Commission. Several community members who knew this made the effort to comment, with many requesting that no action be taken on this case by the Planning Commission or the council until all the facts, meetings held, and conversations are known.

Some community members are calling for the resignation of Chair Max Brown, Vice Chair Kim Andresen, and possibly others. These letters have been posted online at the City of Olympia website with the agenda for the next Planning Commission meeting on March 17.

The Planning Commission heard the case on March 3, and is scheduled to deliberate and vote on a recommendation on the zoning text amendment case involving Morris’ property on March 17, a decision which is forwarded to the city council. 

Letter About Off-the-Record Meetings

Late last week, Little Hollywood received emails containing two attachments: a letter dated March 8 from Judy Bardin, Olympia Planning Commissioner, addressed to Leonard Bauer, City of Olympia deputy director of the department of community development and planning, and a letter dated March 9 from attorney Bob Shirley to the Olympia Planning Commission.

The letter by Judy Bardin details that she was invited by telephone by Planning Commission vice chair Kim Andresen to attend a private meeting with developer Jim Morris and others related to the development field.

Bardin chose not to attend because she felt it would be a conflict of interest given Morris' interest in the zoning code amendment and her position on the Planning Commission. In February, she found out that four other members of the Commission and city councilmember Nathaniel Jones attended the meeting held January 31 at the offices of Jim Morris.

On March 3, another meeting was held with Morris, real estate agents and others, with Planning Commissioner Carole Richmond, Mayor Stephen Buxbaum and Councilmember Cheryl Selby in attendance. The evening of March 3 was when the Planning Commission heard the zoning case in a public hearing.

Bardin said she decided to write the letter because she is concerned about the integrity of the Olympia Planning Commission and concerned for the public perception of the commission with respect to whether it is dedicated only to the public interest.
Bardin goes on to say that she does not think the commission should take any action on File 14-0210 and that the vote scheduled for March 17 should be tabled indefinitely.

The March 3 Planning Commission Meeting

In the online audiotape of the March 3 meeting of the Planning Commission at http://olympia.granicus.com/MediaPlayer.php?view_id=2&clip_id=1113, Planning Commission Chair Max Brown tries to quickly shut down Ms. Bardin's question about the meeting with Morris held earlier in the day. The conversation starts at 1:39:30, and lasts almost exactly five minutes.

There is great effort to get a minimal amount of information dragged out of city planner Amy Buckler, who chooses her words carefully, and Planning Commission Chair Brown about the meeting.

The following is an unofficial transcript as heard from the audiotape by Janine Unsoeld and is not to be used for legal purposes.

Bardin: I wondered if Commissioner Andresen could fill us in on the meeting at Morris’ office today.

Andresen: That was a private meeting, you mean, it didn’t really have anything to do with the business at hand though.

Brown: Yea, I think I’ll take that one off the record for - since it’s not part of the - our liaison assignments – I’ll leave that ‘til a later time.

Bardin: Could we hear who was at the meeting?

Brown: (asking Andresen) Are you OK with that, or -

Andresen: Could we ask staff if this is pertinent to the meeting?

Buckler: Well, I think what she’s asking is, ah, the Planning Commission leadership and the Planning Commission itself wanted to meet with some economic development or developers – to learn about development issues in general and I think you announced it at another meeting or told everybody or invited everybody  individually to come outside of a quorum, to sit with some developers, not to speak about any particular projects themselves but just issues in general as part of your efforts to learn more. And when it was discussed at the leadership team meeting it was - Leonard was at the last one of these events - it was announced at that particular event that this was not specific to any issue with the city, there’s not a quorum, it was a general discussion about development issues, just like when other groups meet to learn more about their specific issues, like the Carnegie Group, so –

Bardin: So, I’m just curious, umm, who was at – there was an earlier meeting?

Male Voice: Yes.

Bardin: So, there were two meetings that were basically the same, pretty much the same, today, and the earlier meeting, sort of the same agenda?

Buckler: The same agenda existed for both…I’m trying to figure out what information you would need….the whole planning commission has had the opportunity to be there.

Bardin: Right, but it would just be nice to get, like, a report. Was anything discussed that was relevant to planning and who was at the two meetings?

At this point Chair Brown jumps in, speaking quickly.

Brown: I can give a report - I just don’t want to take up more time since this wasn’t something that we were going to discuss as tonight’s meeting. I’ll give a quick overview…and we can talk about this off-line. The day that we went, I think, there were four commissioners: myself, Commissioner Andresen, Commissioner Parker, Commissioner Horn, city councilmember Mayor Pro-Tem Jones was there, and then a group of four or five, either developers or commercial real estate folks and they were just kind of saying, ‘Here’s some of the opportunities that the city has to or that we see – or that other jurisdictions are using to help incentivize growth and to get projects moving.’ There’s kind of a perception in the community – and Leonard was there as well – and I think, it was just, more than anything, it was a question and answer opportunity for us as officials and city staff to say, ‘What are other jurisdictions doing to help you that’s making it easier for you to do business here that we can be aware of and it was really just kind of some pretty candid conversations about past opportunities that have been missed or, umm, projects that have had opportunities but never been developed but we were very clear about saying any projects that anyone is intimately involved with or working on currently is not to be discussed and those issues were not discussed. It was really just an informative – and I think part of it, too, was to build those relationships of something that hasn’t been in the past to say, ‘What did we learn, what do we not know, you’re the experts, we’re not, what can we do, so I think I’d like to leave it there and kind of wrap it up real quick if you don’t mind and feel free to ask me questions of the meeting or those that have participated. There might be one more and if you have time to go I think it would be very beneficial to hear what people are doing and what people are trying to make happen….

Brown then abruptly adjourns the meeting after getting a first and a second to do so.

Brown, in explaining that at least one more meeting was planned, assures that, eventually, all planning commissioners and city councilmembers would have been extended the opportunity to privately attend one of these off the record meetings, again, without any official quorum, just prior to votes by both bodies about the code amendment case involving Morris.

Commissioner Richmond's Perspective

In a public email on March 9, Planning Commissioner Carole Richmond said that the meeting she attended on March 3, the same day as the Commission meeting, was not about the zoning change affecting Morris' property, which she says was never brought up.

Richmond says Andresen did not stay for the March 3 meeting, because she said she had a “professional relationship” with Jim Morris, indicating that she is an employee or consultant to Morris. Leonard Bauer, deputy director of the city’s Community, Planning and Development department, attended the first meeting.

“Issues discussed were: The homeless situation and how that affects the desirability of doing business or living downtown, lack of a unified vision for the future of Olympia, the costs of construction downtown, restrictions imposed by lenders (one of whom was also in the room), and "things taking too long." That was about it and it was just a free-flowing conversation. These are certainly issues over which the City Council and Planning Commission have some influence, but none of these issues have taken the form of proposals to be acted upon. I think these are issues that developers (and others) would like the Council and Commission to put on the radar,” said Richmond in the email.

Richmond goes on to say that she is glad that Bardin brought the issue to the attention of the whole Planning Commission because of the "appearance of fairness" issue.

"Morris scheduled these meetings so that less than a quorum of Planning Commissioners could attend (at staff/OPC request) and that looks bad. Given a choice, I would've preferred for one meeting with developers to be held during a regular Planning Commission meeting, as nothing was discussed that couldn't be said in public, but I didn't question this. I do know that many developers don’t particularly want to take part in public processes and I wanted to hear what they had to say,” said Richmond.

City Response to Public Comment

Leonard Bauer, city deputy director of Community Planning and Development, sent a letter via email on March 12 at 5:26 p.m., to all those who commented, including Little Hollywood, on the meetings with Morris.

The letter summarizes information about the two meetings, providing explanations that were never given at the commission meetings by staff, commissioners, nor mentioned by city councilmembers Jones, Buxbaum, or Selby during their council reports.

It is common practice for commissioners and city council members to report their attendance at community meetings that they attend, especially if more than one or two or three attended the same meeting.

Bauer attended the January 31 meeting. He states that at the beginning of each meeting, it was stated and agreed that there could be no discussion of any issues that could become the subject of review by either the Planning Commission or City Council, including no discussion of any specific permit or specific use.

Bauer says the topics of conversation included that the cost of construction in downtown Olympia is high, making redevelopment difficult; impact fees are high and the timing of the payment may be difficult to finance; lending practices for construction can make it difficult to redevelop; the usefulness of the multi-family housing tax credit program; increased homelessness has had negative impacts on potential development in downtown Olympia; and a perceived lack of a unified vision by the city for development in Olympia.

Great topics, worthy of public discussion, yet, Morris and others were able to privately control the conversation, and personally reach and possibly influence six out of nine Planning Commissioners and three out of seven city councilmembers.

One public, official opportunity was never offered to the commissioners, councilmembers or the public to learn more about these “economic development opportunities” or “barriers to development” from a developer’s perspective.

Many commenting on the situation feel that the fact that no one spoke up about the meetings until the issue was forced by Commissioner Bardin seems to be a deliberate attempt to circumvent the spirit of the Open Public Meetings Act. Such actions cast suspicion on how prevalent the practice is of purposefully arranged private meetings of members of the same body to prevent a quorum, which would trigger public notice and recording of the conversation.

“I am concerned about the integrity of the OPC, since it has recently come to light that they are having secret meetings with developers. While this might technically be legal, it sure is sleazy. How can I pursue this problem as a private citizen?” writes Nancy Sullivan to the city clerk in a March 9 email.

“…According to a member of the Planning Commission, the staff and members of the Commission recently met in private with a party with a material interest in the instant rezone request – an ethical and legal breach of practice. There was, evidently, an awareness of the fact that such meetings were improper….Will there be consequence in this instance? Will the consultant to the developer be asked to resign from her post? Will the tarnished rezone issue be withdrawn from consideration? Will this initiate a serious review of how the city conducts itself and does business? I look forward to learning the steps the city will take,” writes Bethany Weidner to Community Planning and Development staff in a March 9 email.

The City of Olympia website is www.olympiawa.gov.

Oyster House Restaurant Takes Shape

Above: Oyster House restaurant owners Leticia and Tom Barrett inspect the progress on the framing earlier this afternoon.

 

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

Construction has begun on the rebuilding of the Oyster House restaurant in downtown Olympia. The framing for the walls was built in the back parking lot of the property on Sylvester Street near Percival Landing and put up yesterday morning with a crane in three hours. 

Today, Oyster House owners Tom and Leticia Barrett stopped by to check out the progress. They said they hope to open by mid July.

“It’s all still up in the air, and depends on the weather. God willing, everything will work out… there are a lot of people out of work,” said Leticia Barrett.

About 50 employees were put out of work when the restaurant burned down due to a suspected dryer fire in July 2013.

Leticia Barrett said they hope to rehire some of their previous employees, but many have moved on to other positions. Barrett said she is in conversation with the state Department of Labor, who will host a special hiring day for them about a month before opening.  

As the Barrett’s left the job site, Butch Livengood, a framer for Bailey Construction, who was busy doing his job, said, “We’ll get it done.”

Above: The Oyster House restaurant yesterday morning, shortly after the framing went up.

 

High Tides, Sea-Level Rise and Wiring Concerns

When asked about the electrical wiring along the Budd Inlet side of their property, which is often underwater depending on the tides, Leticia Barrett said they have all their permits and is confident everything is up to code with the city. 

Last September, Little Hollywood asked city staff about the integrity of the wiring around the Oyster House since the high tide of December 2012:

“….As you probably know, the New Jersey boardwalk businesses may have burned down a couple weeks ago because of waterlogged wiring after Sandy. This is being disputed, but Governor Christie is convinced. Is there a way to find out if electrical inspections were made of city/private property wiring after December's high tide?”

In a series of September to October 2013 emails from Little Hollywood to city staff, Paul Hanna, the city's fleet and facilities supervisor for the public works department, said that the city’s department does normal electrical preventative maintenance inspections on city buildings only. 

“We have not done any inspections specific to water intrusion, because our buildings were not affected by the high tide.  I’m not aware of any other inspection work that was done,” said Hanna.

David Hanna, associate director of the Olympia Parks, Arts and Recreation department, also said in an email that there was no inspection of the Percival Landing electrical system after the heavy rains.

In a conversation late this afternoon with Tom Hill, the city’s building official and code enforcement supervisor and permit and inspection manager, Hill said he'll have the city's electrical inspector take a look at the situation.

Above: As seen from Percival Landing looking toward the Oyster House and the state Capitol Building in the distance, this picture was taken February 28, 2014, at 4:40 p.m. when the high tide was about 14.4 feet near the Oyster House.

 

Above: A close up of the wiring. The wire is imprinted with “Above ground and Underground - Sunlight Resistant” Is the wiring sea water resistant? Picture taken February 28, 2014 at about a 14.4 foot tide.

 

Above: A lamp post and another electrical box up close. The paint on the lamp posts is in direct contact with Budd Inlet and looks corroded. Picture taken February 28, 2014 at a 14.4 foot tide.

 

Above: The Oyster House, seen here, with the wiring and its parking lot fully submerged by sea water on December 17, 2012 after the high tide.

 

Above: At another angle, the Oyster House's parking lot, lamp posts, and wiring to the restaurant is seen here fully submerged by sea water on December 17, 2012 after the high tide.

 

To read more about the Oyster House and see more December 2012 high tides pictures, go to www.janineslittlehollywood.blogspot.com and type keywords into the search button.

 

Sample articles include, “Witnesses to High Tide in Olympia” posted December 17, 2012 and “Olympia's Shoreline Master Plan and the Oyster House Restaurant: A Missed Opportunity for Budd Inlet Restoration?” posted September 20, 2013.

 

Columbia Heights…Take Two…or Three…or Four….

Above: Big, yellow, official public notice signs....When you see one of these, don't just walk on by! Stop and read it! It may have more to do with you than you may think! This one on 4th Avenue illustrates the land use intentions of Columbia Heights Partners, LLC.

 

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

A new, new, new public notice for a proposed downtown Olympia project called Columbia Heights was issued a couple hours ago by the City of Olympia. 
 
The land use application, submitted by Columbia Heights Partners, LLC, is for a proposed mixed-use, seven story building with 138 market-rate residential units in the 100 block of 4^th Avenue West.

Mostly notably, the latest notice says that a public meeting of the Design Review Board has been rescheduled from March 13 to March 27, 6:00 p.m., at Olympia City Hall.

Due to errors in previous notices, this is the third notice issued for this site under the current owners. The property, sold by the city, was owned by previous owners who intended to build residential units on the site, and was approved to do so, when the company went bankrupt before the project began. The previous permit approvals expired, resulting in a new city and public review process.

The other public meeting dates for an upcoming informational meeting, an extended written comment period, and a public meeting of the city site plan review committee remain the same as written in the second notice issued, and mentioned in a March 7 article by Little Hollywood.

For more information about the proposed Columbia Heights project, go to www.janineslittlehollywood.blogspot.com and type keywords into the search button or contact Steve Friddle, Principal Planner, City of Olympia, (360) 753-8591 or sfriddle@ci.olympia.wa.us.

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