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HomeMy WebLinkAbout02122024 City Council Laydown - Police Dept Laydown from Police Chief for Feb 12, 2024 meeting Jail Closure.- Pros: 1) Money savings to Seward taxpayers since we are no longer operating at a deficit. (For example, the jail cost Seward $376,000 for FY22 and $180,000 for FY23.The contract is still not fully funded by DOC) 2) Less liability to the city, the jail is by far the highest liability in the city. 3) The facility is way outside its expected lifespan and is in severe need of expensive repairs and upgrades. 4) We can't really afford to compete with Spring Creek Correctional Center(SCCC) in terms of wages and benefits; if we close the jail,we don't have to try. 5) This makes the prospect of building a police station/Emergency Operations Center in the future much more likely because it will reduce projected costs of the project by millions. Cons: 1) Loss of service to the community. People used to want to be jailed here because of our good reputation for taking care of them in a fair and humane manner. 2) PERS study is possible for the loss of the six positions. (There is a scenario where DOC can absorb the positions and we would be spared the PERS study and associated expenses, but this has not been explored at this time) 3) We have one remaining jailer who will be laid off. I have tried unsuccessfully to find him other work but continue to look for options for him. 4) Places a burden on the police force for transports of female arrests to Wildwood in Kenai. (Assuming SCCC continues to accept males indefinitely)So long as we have a healthy police force, this isn't overly an issue. However, it increases the importance of recruitment and retention for officers. *See included information from Alaska Statutes Title 29. It is included in case there's any question of a legal requirement for the city to maintain the jail. GiiG�--, Alan Nickell Chief of Police Sec.29.35.010. ALASKA STATUTES Sec.29.35.010. 8. Hazardous Chemicals, Materials and Wastes (§§ 29.35.500-29.35.590) 9. Port Authorities (§§ 29.35.600 -29.35.730) 10. Regional Solid Waste Management Authorities (§§ 29.35.800 - 29.35.925) Article 1. General Powers. Section 010.General Powers 133. Immunity for 911 systems 015.Investment pools 134. Multi-line telephone systems 020. Extraterritorial jurisdiction 135. Waiver of privacy by local exchange telephone 030.Eminent domain company subscribers 040. Emergency disaster powers 135.Waiver of privacy by local exchange telephone 050. Garbage and solid waste services company subscribers 055. Local air quality control program 137.Definition 060. Franchises and permits 135. Waiver of privacy by local exchange telephone 070. Public utilities company subscribers 080.Alcoholic beverages 137. Definitions 085.Curfew 138.Application 090. Municipal property;rights-of-way 140. Regulation of transportation carriers 100. Budget and capital program 141. Regulation of radio antennas 110.Expenditure of borough revenues 144. Definitions 120.Annual audit 145. Regulation of firearms 125. Fees for police protection services 146.Regulation of unmanned aircraft systems 130.Emergency services communications centers 147.Licensing of massage therapists 131. 911 Surcharge 149.Regulation of dextromethorphan Sec. 29.35.010. General powers. All municipalities have the following general powers, subject to other provisions of law; (1) to establish and prescribe a salary for an elected or appointed municipal; (2) official or employee to combine two or more appointive or administrative offices; (3) to establish and prescribe the functions of a municipal department, office,or agency; (4) to require periodic and special reports from a municipal department to be submitted through the mayor; (5) to investigate an affair of the municipality and make inquiries into the conduct of a municipal department; (6) to levy a tax or special assessment, and impose a lien for its enforcement; (7) to enforce an ordinance and to prescribe a penalty for violation of an ordinance; (8) to acquire, manage, control, use, and dispose of real and personal property, whether the property is situated inside or outside the municipal boundaries; this power includes the power of a borough to expend, for any purpose authorized by law, money received from the disposal of land in a service area established under AS 29.35.450; (9) to expend money for a community purpose, facility, or service for the good of the municipality to the extent the municipality is otherwise authorized by law to exercise the power necessary to accomplish the purpose or provide the facility or service; (10) to regulate the operation and use of a municipal right-of-way, facility, or service; (11) to borrow money and issue evidences of indebtedness; (12) to acquire membership in an organization that promotes legislation for the good of the municipality; (13) to enter into an agreement, including an agreement for cooperative or joint Page 77 Sec.29.35.010. ALASKA STATUTES Sec. 29.35.020. administration of any function or power with a municipality, the state, or the United States; (14) to sue and be sued. (15) provide facilities or services for the confinement and care of prisoners and enter into agreements with the state, another municipality, or any person relating to the confinement and care of prisoners. (16) to receive grants from and contract with the Department of Public Safety under AS 18.65.670. (17) to provide by ordinance for the creation, recording, and notice of a lien on real or personal property to secure payment of past due utility fees, costs incurred by the municipality in the abatement of an unsafe or dangerous building, and other fees and charges provided for by ordinance; except as otherwise provided by state law,when recorded, a municipal lien under this paragraph has priority over all other liens except (A) liens for property taxes, special assessments, and sales and use taxes; (B) liens that were perfected before the recording of the lien under this paragraph; (C) liens that, under state law, are prior, paramount, and superior to all other liens; and (D) mechanics' and materialmen's liens for which claims of lien under AS 34.3 5.070 or notices of right to lien under AS 34.35.064 have been recorded before the recording of the lien under this paragraph. (§ 10 ch 74 SLA 1985; am § 2 ch 15 SLA 1998; am § 5 ch 49 SLA 2009; am § 3, ch 9 SLA 2017) Effect of amendments.The 2009 amendment,effective October 5,2009,added item(16).The 1998 amendment,effective April 25, 1998,added item(15).The 2017 amendment added item(17). Sec. 29.35.015. Investment pools. A municipality may invest money in investment pools for public entities as authorized under AS 37.23 only if that municipality has obtained the consent of its governing body through an ordinance authorizing the participation. (§ 2 ch 66 SLA 1992) Sec. 29.35.020. Extraterritorial jurisdiction. (a) To the extent a municipality is otherwise authorized by law to exercise the power necessary to provide the facility or service, the municipality may provide facilities for the confinement and care of prisoners,parks, playgrounds, cemeteries, emergency medical services, solid and septic waste disposal, utility services, airports, streets (including ice roads), trails, transportation facilities,wharves, harbors and other marine facilities outside its boundaries and may regulate their use and operation to the extent that the jurisdiction in which they are located does not regulate them. A regulation adopted under this section must state that it applies outside the municipality. (b) A municipality may adopt an ordinance to exercise a power authorized by this subsection and may enforce the ordinance outside its boundaries. Before a power authorized by this subsection may be exercised inside the boundaries of another municipality, the approval of the other municipality must be given by ordinance, and before a power authorized by this subsection may be exercised inside a village, as that term is defined by AS 46.08.900, the approval of the village must be given by resolution. A municipality intending to exercise its authority under this subsection shall act by ordinance, and may adopt an ordinance under this subsection to (1) protect its water supply and watershed; or Page 78