Approved 5/11/06

LAW ENFORCEMENT

April 27, 2006

Minutes

Members Present:         Deb Nolan, Dale Copedge, Debbie DeLeon, Marc Thomas, Randy Schafer, Don Vickers and Board Chairperson Victor Celentino

Members Absent:         None

Others Present:             John Neilsen, Eric Schertzing, Mary Sabaj, Judge Collette, Vicki Harrison, Stuart Dunnings, James Webster, Detective Joy, Detective Holiday and others

The meeting was called to order by Chairperson Nolan at 6:03 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.

Approval of the March 30, 2006 Minutes

MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. VICKERS, TO APPROVE THE MARCH 30 MINUTES AS SUBMITTED.  MOTION CARRIED UNANIMOUSLY.

Additions to the Agenda

Mr. Neilsen stated Ms. Harrison is present this evening with Ingham County Sheriff Office Detectives Joy and Holiday.  He intended to present the Resolution Honoring the Ingham County Sheriff’s Office and Other Public Safety Agencies for their Work in the Ricky Holland Case for this Committee’s approval.  This Resolution was left at his office.  Mr. Neilsen informed the Committee that it could approve the Resolution tonight and it would then be placed on the next Board of Commissioners’ meeting agenda.  The Resolution would also be emailed to the Committee Friday morning.

Limited Public Comment:          None

MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. VICKERS, TO APPROVE A CONSENT AGENDA FOR THE FOLLOWING ITEMS:

2.         911 Advisory Committee

            a.         Resolution Authorizing a Contract Amendment with MLJ Consulting, Inc.

b.         Resolution Authorizing Contract Change Order #8 for the Wireless Voice Communication system from M/A-COM, Inc.

4.         Law Enforcement Committee and Animal Control – Resolution Honoring Dr. Mari Nicol for Her Five Years of Service as the Veterinarian at the Ingham County Animal Control Department

6.         Controller’s Office

a.         Resolution Authorizing a Contract Amendment with Health Management Associates for a Review of Jail Medical Expenses

            b.         Resolution Authorizing Adjustments to the 2006 Ingham County Budget

MOTION CARRIED UNANIMOUSLY.   Absent:  Comms. Copedge and DeLeon

MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. VICKERS, TO APPROVE THE ITEMS ON THE CONSENT AGENDA.  MOTION CARRIED UNANIMOUSLY.   Absent:  Comms. Copedge and DeLeon

Ms. Harrison stated the Ricky Holland case was one of the largest man-hunts in this County.  The search led to the remains of Ricky Holland.  The preliminary hearing for Ricky Holland’s parents was also one of the longest hearings in the County. 

Ms. Harrison explained the Ingham County Sheriff’s Office (Office) was assisted in this case by the Michigan State Police and other local law enforcement agencies.  Detectives Joy and Holiday were critical to this case.  They initially worked twenty-four hours per day on the case.  Detective Joy staffed the night searches on top of his regular duties.  The Office’s well-thought out plan lead to the eventual break in the case. 

(Comm. DeLeon arrived at 6:09 p.m.)

Chairperson Nolan stated this Committee kept track of the Ricky Holland case, and it also requested the Resolution Mr.  Neilsen spoke of earlier this evening.  The extreme efforts of the Ingham County Sheriff’s Office were not un-noticed by this Committee.

Detective Joy thanked the Committee for this honor on behalf of the Office.  Ms. Harrison stated the Ingham County Sheriff’s Office appreciates the continued support of this Committee.

(Comm. Copedge arrived at 6:12 p.m.)

MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. VICKERS, TO APPROVE THE RESOLUTION HONORING THE INGHAM COUNTY SHERIFF’S OFFICE AND OTHER PUBLIC SAFETY AGENCIES FOR THEIR WORK IN THE RICKY HOLLAND CASE.  MOTION CARRIED UNANIMOUSLY.

Comm. Schafer commended the Sheriff’s Office for their efforts on the Camp Highfields matter.  Ms. Harrison stated Detectives Joy and Holiday conducted the primary investigation into this matter.  Detective Joy recognized the Prosecutor’s Office for their efforts in the Highfields matter.  Detective Joy and this Committee commended the Prosecutor’s Office on their efforts in this case.

1.         Animal Control Department – Resolution to Authorize a Contract with East Lansing for Ordinance Enforcement Services by the Animal Control Department

Comm. Grebner suggested this ordinance be made available to other interested local jurisdictions.  Chairperson Celentino asked about the process people currently use to report stray cats.  Comm. Grebner explained that East Lansing residents call the East Lansing Police Department.  The Department refers those calls to P.A.C.E. (Parking and Code Enforcement).  P.A.C.E. contacts the Ingham County Animal Control Department (Department) when necessary.  Comm. Grebner stated he believes the proposed arrangement with East Lansing will result in a few telephone calls to the Department.  Since this will be a City ordinance, any cases will be prosecuted by the City of East Lansing.

Comm. Schafer asked if any calls had been received as a result of the ordinance.  Comm. Grebner stated that, to the best of his knowledge, the Department has not received any calls from East Lansing.  Comm. Thomas asked if the Ordinance specifies the Department will not accept initial calls.  Mr. Neilsen stated this matter is addressed in article one of the ordinance.  Authorized police personnel will authorize such calls to the Department. 

Comm. Schafer asked for Comm. Thomas’ position on this item.  Comm. Thomas explained there has been a stray cat problem at his place of residence.  His condo association has tried to address the stray cat problem.  Comm. Thomas stated he believes it would be better for the government to handle the problem versus private individuals’ taking action. 

Comm. Schafer stated he would support this arrangement this year.  He will want to see a report regarding this contract at the end of the year.

MOVED BY COMM. THOMAS, SUPPORTED BY COMM. SCHAFER, TO APPROVE THE RESOLUTION TO AUTHORIZE A CONTRACT WITH EAST LANSING FOR ORDINANCE ENFORCEMENT SERVICES BY THE ANIMAL CONTROL DEPARTMENT.  MOTION CARRIED UNANIMOUSLY.

3.         Ingham County Treasurer – Information, Dog Licensing Amnesty Program

Mr. Schertzing explained the Dog Licensing Amnesty Program is being implemented in conjunction with other Ingham County Animal Control Department programs from May 5, 2006 through May 13, 2006.  The main goal of the program is to publicize the need to license dogs.  Media and press will be contacted to maximize the public awareness of this important issue. 

Animal Control officers will not issue tickets during this nine-day period.  Warning notices will be given to owners of unlicensed dogs.  A dog owner who contacts the Treasurer’s Office will be sold a license at the regular fee.  Mr. Schertzing explained the short-term revenue loss from not writing tickets will be less than $1,000.  Long-term licensing revenue is likely to increase from increased public awareness.

Chairperson Celentino thanked the Treasurer’s Office for conducting this program.  The loss of revenue will not compare with the positives which will result from the program.  Comm. DeLeon suggested the Treasurer’s Office also contact neighborhood groups regarding the program.  Mr. Schertzing stated he would act on Comm. DeLeon’s suggestion.

5.         CCAB – Resolution to Authorize a Reorganization at Project Sentry and Amending the 2006 Budget

Mr. Neilsen distributed a Substitute Resolution to the Committee for their review and discussion.  The Substitute Resolution would reduce the budget for the remainder of 2006 by eliminating the Medical Review Officer at a cost of $36,777, and would replace the cost with a $10,000 Contractual Services line item for the purpose of expert testimony and test result interpretation.  The required subsidy of $109,496 would be reduced to $82,719.  Mr. Neilsen further explained the Substitute Resolution states if Project Sentry is not funded for continuation in the 2007 budget process, the lease would be terminated at the conclusion of 2006 and would authorize the costs to terminate the lease to come out of the 2006 Contingency Fund.

If the Committee decides to close the project regardless, consideration should be given to doing so effective August 1, 2006 which would be less expensive, meets our obligations and gives sufficient time to close the project.   If Project Sentry is terminated, the three UAW positions would be laid off and would not have any bumping rights or rights of recall.  The collective bargaining agreement would require a 10-work day notice if the employees would be laid off.  Every effort would be made to find them comparable jobs within Ingham County if they are available. 

MOVED BY COMM. THOMAS, SUPPORTED BY COMM. SCHAFER, TO APPROVE THE SUBSTITUTE RESOLUTION TO AUTHORIZE A REORGANIZATION AT PROJECT SENTRY AND AMENDING THE 2006 BUDGET.

Comm. Vickers asked if the County could sublease the facility if the Project Sentry program is terminated.  Mr. Neilsen explained a sublease could be arranged with the agreement of the landlord.  Our Facilities Department has been advised that if the program is terminated, the County would prefer to use the facility for another County program.  Subleasing the space to a non-county agency would have to be negotiated with the landlord. 

Comm. Vickers stated A.D.A.M. (a drug testing agency) deals primarily with misdemeanor cases, and Project Sentry deals primarily with felony cases.  Judge Collette stated felony defendants need a reputable testing agency to ensure their test results are accurate.  Judge Collette stated he is not familiar with the other local testing agencies.  Due to this unfamiliarity, he would not send any of his defendants to them for testing.  Project Sentry is an essential program. 

Comm. DeLeon stated this Committee discussed at its last meeting the issues of industry standards regarding chain of custody and whether it be helpful to the County to create its own standards which testing agencies would need to meet in order to provide services to the County courts. 

Comm. Thomas stated the new judges were not aware of the actual situation involving Project Sentry.  Now that they are aware of the situation, Dr. Gallagher will not be there due to his retirement.  Ms. Sabaj stated many agencies within the County did not realize that Project Sentry was a County program.  Mr. Neilsen stated Dr. Gallagher retired April 15, 2006.  The Substitute Resolution authorized a line item for contractual services which include expert testimony and test result interpretation.  Ms. Sabaj stated Dr. Gallagher is still taking phone calls and he also has three court dates scheduled for next week.

Mr. Dunnings asked if Dr. Gallagher has seen the Substitute Resolution.  Mr. Neilsen explained that he does not know if the proposed arrangement would be acceptable to the program.  Mr. Dunnings stated the qualifications of the person are very critical to the court.  He then stated it is rare to have Dr. Gallagher called to court due to his reputation and expertise. 

Comm. DeLeon asked if the Circuit and District Courts could work together to develop testing standards which would be agreeable to both parties.  Comm. Copedge asked if a urine specimen was sent to another laboratory for testing, would a person from that laboratory be asked to appear in court to answer questions of the Court.  Mr. Dunnings stated that would be the case. 

Comm. Schafer stated three of the District Courts do not use Project Sentry’s services on a regular basis.  Dr. Gallagher will not be available to the program forever.  Mr. Dunnings stated the process for replacing Dr. Gallagher should begin soon for the 2007 budget process.  He then stated he likes the language in the Substitute Resolution. 

Comm. Schafer stated the County cannot subsidize Project Sentry in the amount of $200,000 per year.  He stated he was unclear as to how he would vote at this time.

Judge Collette stated Project Sentry is more accessible by a major highway at this time than it was in its previous location.  He further stated he issued an order that the Circuit Court Judges refer its defendants to Project Sentry for drug testing.  Time is needed to find a replacement for Dr. Gallagher.

The Committee continued its discussion of this item.  Comm. Thomas stated his understanding that all testing agencies send their specimens to the same laboratory for testing.  The County could work out an arrangement with A.D.A.M. to provide testing services which meet the County’s standards.  Comm. Thomas then asked about Dr. Gallagher’s credentials.  Ms. Sabaj stated Dr. Gallagher is a licensed clinical psychologist.  A.D.A.M. currently does not have staff which is qualified to provide the same level of services as Project Sentry. 

Comm. Thomas stated he spoke with Judge Collette earlier today regarding Project Sentry.  The Judge informed him that Project Sentry is vital to the Circuit Court, the Prosecutor’s Office and the Sheriff’s Office.  The possibility of the three Offices chipping in $20,000 per year to help support Project Sentry was also discussed. 

Ms. Sabaj stated she spoke with Dr. Gallagher today regarding the Substitute Resolution and its $10,000 contractual line item.  Dr. Gallagher has determined it would not be financially viable for him to be on call to the County for the amount stated in the Substitute Resolution.  The Doctor would have to put off other work when he would be scheduled to appear in court.  Ms. Sabaj expressed her confusion regarding the lack of understanding for Dr. Gallagher’s expertise. 

Chairperson Nolan stated the Committee is concerned regarding the financial aspects of this matter.  The Committee has to base its decisions regarding Project Sentry on the actual program, not Dr. Gallagher. 

Comm. Vickers offered a Friendly Amendment to the Substitute Resolution to reinstate the $26,777 for the Medical Review Officer position.  The Committee consented to the Friendly Amendment. 

Mr. Neilsen explained the Friendly Amendment would change the Substitute Resolution, into the original Resolution, with exception of the last BE IT FURTHER RESOLVED paragraph.   He suggested the Committee approve the original Resolution with an amendment to add the last BE IT FURTHER RESOLVED from the Substitute Resolution which reads:  BE IT FUTHER RESOLVED, that if the program is not funded in the 2007 budget process, the Controller is authorized to terminate the lease at a cost of $69,092 to come from the 2006 Contingency Fund and end the program as of December 31, 2006. 

The Committee accepted Mr. Neilsen’s suggestion to use the Original Resolution in the agenda packet and to add the BE IT FURTHER RESOLVED paragraph as stated above. 

MOVED BY COMM. VICKERS, SUPPORTED BY COMM. SCHAFER, TO AMEND THE MAIN MOTION TO APPROVE THE SUBSTITUTE RESOLUTION WITH THE ORIGINAL RESOLUTION WITH THE ADDED BE IT FURTHER RESOLVED PARAGRAPH.  MOTION CARRIED with Comms. Nolan and Thomas voting NO.

Comm. Schafer stated he has great respect for the Court and the Sheriff’s Office.  This is an important issue which must be resolved.  He then requested that the Court, the Sheriff’s Office and the Prosecutor’s Office develop a proposal to assist the funding of the Project Sentry program. 

Mr. Dunnings stated he has been talking with Judge Collette regarding Comm. Schafer’s proposal.   Comm. Thomas supported Comm. Schafer’s suggestion regarding his proposal to assist with the funding of Project Sentry after 2006.  The three interested parties could submit a proposal to this Committee at a later date.

MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.

6c.       Controller’s Office - Resolution Establishing Areas of Priority Emphasis Guiding 2007 Activities and Budget Process

MOVED BY COMM. NOLAN, SUPPORTED BY COMM. HOLMAN, TO APPROVE THE RESOLUTION ESTABLISHING AREAS OF PRIORITY EMPHASIS GUIDING 2007 ACTIVITIES AND BUDGET PROCESS. 

Chairperson Nolan expressed her concerns regarding the proposed consolidation of the Lansing and East Lansing dispatch centers.  Mr.  Neilsen explained this would be a multi-year effort.  Comm. DeLeon suggested the term “explore” in the second BE IT FUTHER RESOLVED paragraph could be changed to “pursue” in order to make a stronger statement. 

MOVED BY COMM. DELEON, SUPPORTED BY COMM. THOMAS, TO

CHANGE “EXPLORE” TO “PURSUE” IN THE SECOND BE IT FURTHER RESOLVED PARAGRAPH OF THE RESOLUTION.  MOTION CARRIED with Comms. Vickers and Schafer voting NO.

MOTION CARRIED as amended with Comms. Schafer and Dougan voting NO.

Announcements:           None

Public Comment:          None

The meeting adjourned at 7:28 p.m.

Respectfully submitted,

Debra Neff