HomeMy WebLinkAbout2010-0518 Documents Submitted
PIIILIP CLANG, ACSW. LCSW
w~ 5ItY/OJ
p~L~
p~ RipMd
ORE, LCSW1l41 . 00, LCSW-5500
.'1:;t~--,:;::::r=:-'
..'0 ,:'ij....
758 ]) Street . Ashland, Oregon 97520
Residence 541 . 482-8659
Office!fax 541 . 482-5387
e-mail.Philip@mind.net
May 18, 2010
To: Mayor & City Council
Re. : "Report on Crime in Ashland and use of force by the Ashland Police Dept."
On,August 1, 2008, RVMC and the attending doctor were responsible for my
partner, Ruth M. Miller's death. Rather than produce a report that I
requested, and realizing that they would be called to account, the medical
entities involved resisted providing the medical histories I requested
and when I became insistent, planned and executed a "pre-emptive strike"
involving the Ashland Police ~ept.
On August 28, 2008, as I stood on my deck watering my late partner's
Japanese garden in preparation for a memorial service, 1 Medford and 2
Ashland police officers entered my'backyard and confronted me, charging
me with "harassment". When I expressed ignorance and asked them what they
were doing in my backyard theystonmeamy deck, charged me with disturbing
the peace and then resisting arrest. The Ashland police officers took
the active role. They were Phil Gray and Devin Lee. Mr. Lee threw me
to the ground, wrenched my hands behind my back and handcuffed me, also
striking me and worsening a back condition such that I,am now entitled to
a disabled plaque for my car. He also threatened me arid warned me "not
to go to 'those' places (to get the records as I had arranged to do for
the next day) or I would be arrested for 'criminal trespass'''. APD officer
Lee then opened the back door to my house, pushed me through my home to
the front door, casting his gaze about, presumably looking for weapons.
He then marched me to the Medford police car, threw me against the fender
several times, verbally abusing me, all the while.
This action was initiated by a medical staff person, based on fourth-hand
hearsay. Before embarking on their raid, the Medford cop had inquired
of APD what"record I;might have. The record shows that they reported
I was not volatile or dangerous but had had a parking ticket some years before.
Nevertheless, the afforementioned acts were committed without warrant, without
citation, and' without probable cause.
Ten months later after I refused to "cop a plea" because I was innocent,
anmjust before we:were to finally go to trial, all charges were dropped.
\
.,
Mayor & City Council - 5/18/10 re: Police Force - p. 2
Our former police chief and long term member of APD, Mike Bianca,
who believed in and performed community policing was forced out some
years ago through a conspiracy of the former mayor and city attorney
with some internal elements of APD because some downtown merchants wanted
the downtown cleared and kept free of people they perceived as threats
to their tourist trade businesses.
We have had "watch lists" of people whose only crime is to not look like
tourists and customers, profiling of teenagers, and scores of incidents
in which some APD officers are abusive, aggressive, ,and violent.
The report you accepted' today is incomplete for two maj or reasons:
1) We all know that most police:~ork does involve community - loud parties,
feuding neighbors, drunken brawls, misbehaving teenagers, domestic squabbles,
etc. A report on the use of force in "part.,one crimes" relates to a
fraction of police activities.
2) Apparently APD officers are not required to fill out incident reports for
all their involvements. In my case, no report was ever made out, - I found
out the names of the officers from the dispatch,report, which has no details
of the action.
There are many fine officers in the APD. Sergeant Malcus Williams II, the
commander in my neighborhood is a good person and a fine cop. But there
is a sub-culture group of angry, potentially violent thugs whose,;valBes,'.a.nd
attitudes lead them to violent and, as in this case, illegal behaviors.
"Protect and serve" is not one of their values. The mayor and council need
to request a mQre detailed report on police, activities and how theccivil
rights nd persons of itizens need to be and are respected and protected.
Ph.D.
545 A Street
Ashland, OR
97520
kistlersmallwhite.com
email @kistlersmallwhite.com
541 488 8200
kistler+smaLL +white
architects
, " --~, ,
';}.>:,
Y.""?"'_;"
,.: '~"" '>''"' ,', ~ _' , " ,. 'C
",. ,_ ',,_ ~_, " . ", . , :.::~>:-,,;L;;':-:;<~'<., '--:<';'" ':.c' :__ .:,;-; :~;
V.. :::~,,:...:. ~ ;}li~~~lt~!~I'~~ .
.;:, ",,-,. '_<',.;:_ '''':~;;';'':.' . . "~",,',.,:,,;';';,~';/;'~~;l,;,,.,' ~ " ,- _ , '"
"., . '>-' ..,"._, : -, ~. <'-, .<~ -." .~,~ ,,.,,
" , ~ """",<:<,.,.':-::/~"r>'- '_<:---"'-.' ,'".",,", .<,
. _ :. '. ""~'~-'~_~';':"~':" '. . :::~- " .' '. -:::';~,'~<~:;:;<;:~:>'>':i..' " <<>::.:' ""~' ~~."'~" ".,~'" .,,~--: .~,-.""
Re: Ordinance Revising the Pulilic,(ontractjngi:odeari'Cli~ers~~aISeiYices Code . .. .
;'-.-',:g," :~ '::.~.:' :-.""" ~-'-, ::" :~ _;.:',/"1'- :'~'-':.;:::-.:;,;(<~:,;~,::,;>~;.::.: .... >~.":, : -c' ': -, <:- >-} "':h::/::~~r~:~~r};.?2:;;:;i,;>,:L:.: <~':;)i""'~~, " :'~
:~~;_" t ,.,::,t,.:,- > ,. ~~ ,.
.... ".....~:;:;l;l:~~;:;:~l~n~elif~~>~e~;li~:~fd~[;J~~~i~d~~~~tinr~{~p~iilfijf~~1~~i'and upo~
, -':., ,.- -. _ ' :, -' :'_ -' ,- "':_,'_ . --,' :-:: ,,':' '. __:.' ',,' '".. :',Y :,'--"'~':""'''.-.. _:':' .''' ^.~. --'" -'::: '-'
review of the proposed re;'isions~was'co'm'pelled to'coritact;YoliWith a few concerns. I am an Ashland
, resident; an Ashland businE;sso,^,ne(~nda pcitenti~I'~Efiili~~jjr()\Iider tq the city of Ashland. The source
of my.'concern stems from wnat ~pjlears to meto bea;'^I,e~keningofourtraditional dependence upon
local contractors/ service provicl~rs.:~nd the. greater Iikelinoqcfthat the city's public work would be
awarded to contractors/ serVic~:;pri?vidersfrom 6utside'~ro~rl(Jc'al area:.: .:';.1b:;;;, ..
':' -;. "';:---;-~.:-<r::...;:t~'z~:;::,~~::~::.:'-'::j:::,:, ~;';'-: ~ --'- ::;.c, ::;:.>t:~'::k~~'1p~.~jH::;:;::~;:?'A;':','}',: '1:;: :,:~::;+: ;:~k!;:~H~~1:~~)~~r~gU~{8H(:(t[:~::)t,,_.~:_:::;::-:
::(i:' ::;it,;,~:,~~:,;~::~~~: :,_.'.:";':::_;::,::::' "'- - _: " , ' ."
<Idon't'believe itnecessaryfor:rife~to gointogreatd~taili\^il1V:it:is;iri1portimtto'hire local businesses as I
thinK its significance in keepini(Ashla'iid ih~p~y;b';6~p'&bds;~i{;i~~~lf~vident, but I do feel that a
quick, broad stroke listing is appfbpri~t~:'..; . ..; "y,,';'!</>'" ",'. . '. .
~~.,,"'~ .
." ,.:,,:.,~.'"
. .
, ,,----,",--.-"
" ._c..,...
..'M~Y:,13.}.; 2:910, ,;,;,
.,' , '_' _' '1'''
, ,-"',,. --
. ",
. Ashland City Council. :.
20 East Main Street.
. Ashland, Oregon 97520. ,.. .
'-"-:, ,,-,.
"~';- .
~ . , <,-". "--,,~:-~,.,--,, ',<-, '-'.. - ~:' " .' -- <' -'. ., ". .<;.",,,.,,~,,,~::.":.,~,- "~';-,- ':. '" ,,- '.; --"
. . . local tax money spentd~:l1iringlocal busin~ss~~)<eepsthe moneY local and is reinvested (re-
.~:nst~~et~eol~~:ls:~~~~{6fat~:s:~t~~~;~~;~Jt~~~~;'':;:; '. '.'~, '.,
. . 'Hiring local contractors sust~ins;lo,caLfamilies:;who'sefamily.riiembers man the concession
stands at the footballgaYnes;,c~achLitile\eague!;ai'e;deaconsin,oui,localchurches and serve
':.~:~ _,_on. au r 'boa rds, a';'d,:cp~~J1:g\'~fr4'h~:;' ),.:'::::!(,~:.~:,:}~:;::,;:::::1:1:;nJm~ir1i~r~1;:;:1:~::ff'::;:~>'~;::':,+, ,_,~t;'r;;' , .;~ '::~~;~:. .. ,
.. Hiring local sustains'local'famiHes whose.children\ittend our schools.
~ '_''''' '-._ ,,_. "". ,~' !'. , _ . _" ,. .... ....... ....... .""C,' .'_ ."_" h, .: "
. . .It is financially healthier!or a publicentit',t to'hire:bu'sin'esses that pay taxes a'nd promote bond
issues for that publiC entitY.
. ,,- - -- --- - ,-- -- - '.'-
. . . . .... .. ~ .
In addition to these benefitst6: the'dtyas a whole;1 fimlly;believe that there is much more to gain with
each individual project by hiring;docaLcontractor:'Jh;~.s~{~'~e:significantgainsand'have the pote~tial to
save ~h2;~it:.~~ney, Th~Yi~C!~j:,~:ir:h ~ssets,~s:; :;"~',']Jl~::;;{':;:t:: .'.:.': ',. ?,~;.. ;F;~i ....., .'
. '.A quick response time'befciie;;during anil affe\.;(pr~ject: A local providerisa short walk or bike
.. ride away and able'to r~s'p6nd in'person im",edi~t~lyand because of their full time investment
in the community williri,gto respond wellaftei'aproject is completed. '. ", .
. A familiarity with the local.~ori1munity including)!s'subcontractors, buildingcifficials and
I. .~:;.:'-_.'-/" x~~' ~
supp lers. '.: ;',""'. .' >. >. .
.'A familiarityv:,ith local c~desandstandards:.. ':";" .' . ", c....... '
" _' , '0 ~. .-'", - '.. ~'.-'.- - -,-. ".' ,-..,.....-. ".-:, ': ".' ,,-__ . _~ ., ',' . ...,.,:,,', ,< -, . -, " - . " ".""'~ _,,' _'" ,-' __'
." The fee for thelocaLc~~'ir~S!9r,~()~sn()ti~ciu~e;tr.ayei~xp'e~ses or per diem costs- costs
: iincurred by hiring outof~t(rw~ccintractOfs:t~aiVci~id ~a~i1y exceed the costs for
".' ':'~?dministering the RFP. pr.o.......c.:e~'s. '. .:... ..... ..' '<;fjD:'" . .'
. .. .".,.,.'
" ~,. - , .
.
. ~"" ,-,-'.
.
.-,-
~",
'-',',,:'
,,~""
" ';.;,~- <~.:{<' .
\,..'
" . ",;
;:i~ ~"
",'. ~,
',' '~".);~:j~
',i..',':..-
'~'--',
'.~, '
~'. .~',
, ,,'
'-"'--'''.' .
,.. .,--
-:>,;~-."
.. . ..
~~""':.'."_.,"
. -~; ~~ -';'
I believe that thepropos,ed'revisiori' allowing the direct ~ppoiritment()fp,~rsonal seivicecontracts
erodes the~,itV's Iikeliho!?!!~fhiri~g 10ca,lIy:a,pd fee,1 strongly that a motfthorough review of the
proposed ordin~nceis iriPfiJer,I~,aiJditioiilbelieveit,is~fa,llacy for;the'council to think,that adirect
. appointment will save the,dtymoney by eliminating the'administeringof the RFP process. In my
experience the RFP and competitive bidding process, which the direct appointment would presumably
supplant,isa much more effective means of achieving a project's lowest cost
, ..
, , ,
" ~" _ .~-" - ,,>,'-, :~ .. ..- " ' ~~ ,~',.,' '" ' ~ '-"c c
': Although I coplmendthe councilin its efforts to streamline and simplify the procurement process I
caution that it should ncit be'done at the expense of our local businesses and families, If revisions are to
, be made they should be/~yisions that further ensure that the work thec,i,ty of Ashland does is work that
stays inl>.shlarid:
;~, '
.' , ,~,,,,,~,,,,.~,,,
,:., ,
. ~':..,<,
,'.", ,
-<,.:
;.".,'
..... ;",
" --- ," ,
, . '-, .
....,'~ '-:" .." '"
r:?-r-': ~r~F~
': Ray Kistle,r;,A,rc'ri~~c~ ,;' ,I.. ./
,'::;
~.C,(\,
"
;:.~",~J,.~.,:,
',.1'-':.;"_'"
~~,' ,.~:-~:.,. ,
,,-- -'-."-'
---,",..~-_.~
,
- - --,,~-~
"',-
'--.,-".
'?,,""',
~~"'_~, c
......,..
,.'::"'-<.'
..
'" '. ,,;;~),
. , ," "., ~.,' ~
::',,.,
.,>
~.....,o
-
~1Tllil