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JOSEPHINE COUNTY'S CRIMINAL INVESTIGATIONS &

RELATED SHERIFF'S OFFICE SUPPORT SERVICES

 

INTRODUCTION

 

This web page covers all the elements of the Jospehine County Sheriff's Office identified in Josephine County's June 17, 2015 adopted budget, including the intent by the county to publish a supplemental "Public Safety Fund budget."

 

• Josephine County (JO CO) Board of County Commissioners (BCC). June 17, 2015. Josephine County, Oregon Adopted Budget FY 2015-16. JO CO BCC Resolution Number 2015-026. Grants Pass, OR.

Public Safety Fund  On April 16, 2015 the reauthorized Secure Rural School Act was signed into law and extended SRS funding for two years.   The amount available for Josephine County is not yet known as of the printing of the Proposed Budget Book.  A revised budget will be included in the budget presentations from Public Safety.  The extension provides 5% less funding than the prior year, which means Public Safety will, still be reduced from their current budget level, although not as drastically as the 39% reduction indicated in the Proposed Budget (PSF, page 23/764).

"PUBLIC SAFETY The decrease of 45 percent is a direct result of loss of federal SRS/O&C funding and use of fund balance from prior years. This is the fourth year of significant losses to public safety. From 2011-12 to 2012-13 year the public safety fund lost over 85 full time employees due to funding reductions. There was an election for tax increase of $1.99 in May 2012 which failed and again in May 2013 election of $1.48 increase, May 2014 of $1.19 increase, May 2015 of $1.40 increase, all of which have failed. The Board of County Commissioners, Elected Officials and Department leaders continue to search for ways to fund public safety in the future, however this is limited to legal options in the State of Oregon. The operating percent is actually decreased by 20%. The 2015-16 budget reflects the use of fund balance towards operating expenditure. The county found out late in the budget process that we would receive a 2 year extension of SRS/O&C funding and local jail contract revenue. We did not issue layoffs and will issue a supplemental to address the revenue/expense since the notice occurred so close to signing the budget we did not have enough time to address the financial change prior to adoption [emphasis added]. There will be no significant change from 2014-15 to 2015-16 in public safety." (PSF, page 40/764)

• SUPPLEMENTAL PUBLIC SAFETY BUDGET  NOT AVAILALE AS OF MARCH 25, 2016 (Josephine County (JO CO) Board of County Commissioners (BCC). ????, 2016. Supplemental Public Safety Budget for Josephine County, Oregon Adopted Budget FY 2015-16. JO CO BCC Resolution Number 2016-???. Grants Pass, OR.

 

• January 20, 2015 letter/email to Arthur O'Hare, Finance Director, Josephine County Finance Department, Josephine County, Oregon from Exploratory Committee. Subject was Study Design.

• January 20, 2015 email to Arthur O'Hare, Finance Director, Josephine County Finance Departmentfrom Exploratory Committee. Subject was enquiry whether supplemental "Public Safety Fund budget" was available.

• February 8, 2016 email from Arthur O'Hare, Finance Director to  Exploratory Committee.  O'Hare's response was "We are in process of setting up our budget calander for both the supplemental for FY 2015-16 and the next year budget for FY 2016-17. Therefore, there is no supplemental posted to the web site yet.  As soon as we have that information put together, we can share with you and your team"

• March 26, 2015 followup email to Arthur O'Hare, Finance Director, Josephine County Finance Department. Subject was availability of supplemental "Public Safety Fund budget."

• March 29, 2015 email from Arthur O'Hare, Finance Director, Josephine County Finance Department. O'Hare's response was "We are planning a supplemental on April 6. The notice is on the County website, and should be in the Courier on Wednesday."

 

The following three chapters describe the Josephine County Sheriff’s Office public safety services (PSS) as of the county's June 17, 2015 adopted budget.

 

I.     Josephine County Public Safety Services

II.    Josephine County Sheriff’s Office, Josephine County, Oregon Adopted Budget: FY 2015-16

III.   Sheriff Law

 

I. JOSEPHINE COUNTY PUBLIC SAFETY SERVICES

 

Public Safety Services

JS&PSS Exploratory Committee

Hugo Neighborhood Association & Historical Society

http://www.hugoneighborhood.org/pss.htm

 

The Josephine County Jail, Sheriff Rural Patrol Deputies, and Criminal Investigations & Related Sheriff’s Office Support Services are three of six major public safety services identified in the last four county levies and the sales tax proposal (2012 - 2015). Locally there are usually considered to be the six major components of the JO CO public safety program.

 

Appendix 4B. Josephine County’s Minimally Adequate Level of Public Safety Services Standards, Section III.C. Components Of JO CO Public Safety Program For Increased Funding: 2012 - 2015.

JS&PSS Exploratory Committee

Hugo Neighborhood Association & Historical Society

http://www.hugoneighborhood.org/malpss.htm

 

• Walker, Mike; Whalen, Jon, Members JS&PSS Exploratory Committee, Hugo Neighborhood Association & Historical Society. Very Draft December 15, 2015. Appendix 4B. JO CO’s Minimally Adequate Level of Public Safety Services (MALPSS) Standards, Including Law Enforcement Staffing & Deployment. Supporting Justice System & Public Safety Services Study Design: 2015. Hugo, OR.

 

1. Adult Jail.

2. Juvenile Justice.

3. District Attorney’s Office.

4. Sheriff Rural Patrol Deputies.

5. Criminal Investigations & Related Sheriff’s Office Support Services.

6. Animal Control/Protection.

 

Other PSS

 

7. Adult Corrections.

 

Josephine County Jail/Sheriff Rural Patrol Deputies/Criminal Investigations & Related Sheriff’s Office Support Services

JS&PSS Exploratory Committee

Hugo Neighborhood Association & Historical Society

http://www.hugoneighborhood.org/pss.htm

 

Correspondence To JO CO Sheriff's Office From Exploratory Committee

 

• August 24, 2015 Letter/Email To Dave Daniel, Sheriff, JO CO Sheriff's Office, From Committee

        Subject: Share Information About JO CO’s JS&PSS Problem/Issue

• March 28, 2016 Letter/Email To Dave Daniel, Sheriff, JO CO Sheriff's Office, From Committee

        Subject: Learn About Josephine County’s (JO CO’s) Sheriff’s PSS Budget Program

•  April 4, 2016 Letter/Email to Josephine County Board of County Commissioners from Exploratory Committee.  Sheriff copied.

        Subject:  Minimally Acceptable Level Of Public Safety Services (MALPSS)

• May 9, 2016 Letter/Email To Lieutenant Travis Snyder, JO CO Sheriff's Office, From Committee

        Subject: Learning About JO CO Sheriff Office’s PSS Budget Program

•  May 26, 2016 Letter/Email to Josephine County Board of County Commissioners from Exploratory Committee on Citizen’s Guides To The Budget.  Sheriff copied.

       Subject: Citizens' Guides To The Budget

•  June 20, 2016 Email To Lieutenant Travis Snyder, JO CO Sheriff's Office, From Committee

       Subject: Learning About JO CO Sheriff Office’s PSS Budget Program

•  June 29, 2016 Email To Lieutenant Travis Snyder, JO CO Sheriff's Office, From Committee

      Subject: Learning About JO CO Sheriff Office’s PSS Budget Program

•  July ?, 2016 Letter/Email To Lieutenant Travis Snyder & Sargent Ed Vincent, Jail Commander, JO CO Sheriff's Office, From Committee.

      Subject:   Minutes of June 29, 2016 Meeting Between Josephine County JO CO’s) Sheriff’s Representatives Lieutenant Travis Snyder and Sargent Ed Vincent With

      Exploratory Committee Representatives Members Jon Whalen and Mike Walker

 

II. JOSEPHINE COUNTY SHERIFF'S OFFICE, JOSEPHINE COUNTY, OREGON ADOPTED BUDGET FY 2015-16

 

• Josephine County (JO CO) Board of County Commissioners (BCC). June 17, 2015. Josephine County, Oregon Adopted Budget FY 2015-16. JO CO BCC Resolution Number 2015-026. Grants Pass, OR.

 

• SUPPLEMENT NOT AVAILALE AS OF MARCH 25, 2016 (Josephine County (JO CO) Board of County Commissioners (BCC). ????, 2016. Josephine County, Oregon Adopted Budget FY 2016-??. JO CO BCC Resolution Number 2016-???. Grants Pass, OR.

 

PUBLIC SAFETY FUND, JOSEPHINE COUNTY, OREGON (PSF, pages 158/764 - 223/764)

PUBLIC SAFETY FUND DESCRIPTION (PSF, page 160/764)

 

PROGRAM DESCRIPTIONS AND BUDGETS:  SHERIFF'S OFFICE (PSF, pages 164/764 - 199/764)

1. Program: Administration

2. Program: Emergency Services/Search and Rescue

3. Program: Civil

4. Program: Records

5. Program: Dispatch

6. Program: Patrol + Cave Junction (CJ) Patrol

7. Program: Marine Patrol

8. Program: Evidence & Property

9. Program: Adult Jail

10. Program: Court Services

 

DISTRICT ATTORNEY'S OFFICE (n/a; PSF, pages 200/764 - 216/764 )

 

JUVENILE JUSTICE (n/a; PSF, pages 217/764 - 223/764 )

 

PUBLIC HEALTH, JOSEPHINE COUNTY, OREGON (PHF, pages 262/764 - 321/764)

Animal Protection and Regulation (PHF, pages 300/764 - 302/764)

 

ADULT CORRECTIONS FUND (ACF), JOSEPHINE COUNTY, OREGON (ACF, pages 224/764 - 261/764)

 

PUBLIC SAFETY FUND DESCRIPTION (PSF, page 160/764)

 

The Public Safety Fund was formed in 2006. It was comprised of three departments: Sheriff, District Attorney, and Community Justice, which had previously been in the General Fund. The Community Justice Department was further reorganized into Juvenile Justice and Adult Corrections. In 2007, Adult Corrections was moved to a separate fund. The Sheriff and District Attorney are elected officials. The manager of the Juvenile Justice Department reports to a liaison County Commissioner. The departments within this fund provide support for the criminal justice system utilized by city, county and state law enforcement. County wide services include court prosecution, civil services, the jail and juvenile facility.

 

The budget is in balance, which means that the budgeted requirements (expenditures and ending fund balance) are equal to the resources (beginning fund balance and revenues) that are estimated to be available during the budget year. The primary source of revenue to operate the departments in this Fund had been monies received under the Troubled Assets Relief Program (TARP) and a transfer from the General Fund. Additionally, programs operated by the three departments generate revenues for specific program purposes. The TARP "county payments" money replaced the O&C distributions that the County received for many years.

 

A summary of the Public Safety Fund (Resources and Requirements) is presented first in the Josephine County, Oregon Adopted Budget FY 2015-16, followed by sections for each of the three departments. The money available for them is equal to total resources of the fund, less the requirement for Internal Service Fund charges. Major reductions in programs occurred in FY 2012-13 due to the loss of funding and five percent reductions have been occurring annually since.

 

For each department, there is a summary of its programs (Schedule A), which in turn is supported by a Program Worksheet (Schedule B) for each program. Schedule B provides information about the purpose of the program, how much revenue it is expected to generate during the budget year,

and a breakdown of its expenditure budget by the categories specified in Oregon Local Budget Law.

 

Schedules C, D, and E provide details of resources, personal services and other expenditures, respectively.

 

PROGRAM DESCRIPTIONS AND BUDGETS:  SHERIFF'S OFFICE (PSF, pages 164/764 - 199/764)

 

The following 10 programs are in the order addressed in the Josephine County Juvenile Justice Center, Josephine County, Oregon Adopted Budget: FY 2015-16.  The 11th is a summary of standards gleaned from the first 10 programs.

 

1. Program: Administration

2. Program: Emergency Services/Search and Rescue

3. Program: Civil

4. Program: Records

5. Program: Dispatch

6. Program: Patrol + Cave Junction (CJ) Patrol

7. Program: Marine Patrol

8. Program: Evidence & Property

9. Program: Adult Jail

10. Program: Court Services

11. Standards:  Elective, Necessary, And/or Mandated Adult Jail, Sheriff Rural Patrol Deputies, & Criminal Investigations & Related Sheriff’s Office Support Services

 

1. Program: Administration (PSF, page 170/764)

Fund: Public Safety Fund (12)

Office/Division: Sheriff

Cost Center #: 2910

 

Purpose of Program Responsible for the Office's planning & research, contracts and records, professional standards and ethics, labor relations, grant management, community relations & training, as well as fiscal and personnel management functions.

 

ORS 206.010. General duties of the Sheriff. The Sheriff is the chief executive officer and conservator of the peace of the County.

 

2. Program: Emergency Services/Search and Rescue (PSF, page 173/764)

Fund: Public Safety Fund (12)

Office/Division: Sheriff

Cost Center #: 2915

 

Purpose of Program  Responsible for coordinating activities related to county-wide planning, mitigation, response, and recovery from natural and man-made disasters; coordinates writing and revisions for all emergency operations plans. Administers Homeland Security grant funds, assists other departments, agencies, and the community with emergency preparedness.

 

ORS 401.560 & 401.573. The Sheriff is responsible for search and rescue activities within the County, and shall adopt a search and rescue plan.

 

3. Program: Civil (PSF, page 176/764)

Fund: Public Safety Fund (12)

Office/Division: Sheriff

Cost Center #: 2920

 

Purpose of Program  Responsible for prompt and efficient service of all court documents for the community; this includes subpoenas, writs, judgements, restraining orders, eviction notices, etc. Civil Division is also responsible for Concealed Weapons Permits and fingerprinting for employment and licensing purposes.

 

• ORS 206.010. Execute the process and order of the courts of justice or of judicial officers, when delivered to the Sheriff for that purpose, according to law.

• ORS 206.030 and 040. The Sheriff must serve papers, execute process, and make return thereon.

 

4. Program: Records (PSF, page 179/764)

Fund: Public Safety Fund (12)

Office/Division: Sheriff

Cost Center #: 2925

 

Purpose of Program  Responsible for both emergency and non-emergency calls-for-service, as well as serves as a clearinghouse for most Office contacts. Oversees the integrity of the Records Management System, including warrant entry, expungements, sealed records, and Case Report distribution to other Criminal Justice agencies.

 

• ORS 206.010. Execute all warrants delivered to the Sheriff for that purpose by other public officers, according to law.

• ORS 401.720. Every public safety agency within the state shall participate in a 911 emergency reporting system, using enhanced 911

 

5. Program: Dispatch (PSF, page 182/764)

Fund: Public Safety Fund (12)

Office/Division: Sheriff

Cost Center #: 2930

 

Purpose of Program  The dispatch center operates telephone, radio, computer and other office equipment in receiving and processing incoming calls for law enforcement emergency assistance and other public requests for help; dispatches public safety resources to scenes of emergency and investigation, and routes other emergency and non-emergency calls to other appropriate agencies. Provides prearrival instructions to callers awaiting arrival of arriving response.

 

• ORS 206.010. Execute all warrants delivered to the Sheriff for that purpose by other public officers, according to law.

• ORS 401.720. Every public safety agency within the state shall participate in a 911 emergency reporting system, using enhanced 911

 

6. Program: Patrol + Cave Junction (CJ) Patrol (PSF, page 184/764)

Fund: Public Safety Fund (12)

Office/Division: Sheriff

Cost Center #: 2935

 

Purpose of Program  Promote the safety of the community and engender a feeling of security among the citizens. Responds to calls-for-service, identifies and arrests criminal element, patrol and enforcement of laws within the County. Patrol deputies are the first responders to all emergent and non-emergency calls-for-service. Patrol area is over 1,600 square miles.

ORS 206.010. Arrest and commit to prison all person who break the peace, or attempt to break it, and all persons guilty of public offenses. Execute the process and order of the courts of justice or of judicial officers, when delivered to the Sheriff for that purpose, according to law.

 

7. Program: Marine Patrol (PSF, page 187/764)

Fund: Public Safety Fund (12)

Office/Division: Sheriff

Cost Center #: 2936

 

Purpose of Program Responsible for patroling the waterways of Josephine County including the Rogue River, Illinois River, Applegate River, Lake Selmac and Bolen Lake. This is a contract program.

 

8. Program: Evidence & Property (PSF, page 190/764)

Fund: Public Safety Fund (12)

Office/Division: Sheriff

Cost Center #: 2940

 

Purpose of Program Responsible for the care and chain of custody for all evidentiary property related to criminal cases.

 

9. Program: Adult Jail (PSF, page 193/764)

Fund: Public Safety Fund (12)

Office/Division: Sheriff

Cost Center #: 2965

 

Purpose of Program  Responsible for the incarceration of offenders in a humane, professional, sound manner as well as providing for safe and secure operations. This includes protecting the public from escape risks, protecting jail staff, contractors, and inmates from exposure to violence to the extent possible within budgetary constraints.

 

• ORS 206.010. Arrest and commit to prison all person who break the peace, or attempt to break it, and all persons guilty of publilc offenses.

• ORS 169.320. The County must pay for the care of county prisoners. The Sheriff has custody and control of prisoners in the facility.

 

10. Program: Court Services (PSF, page 196/764)

Fund: Public Safety Fund (12)

Office/Division: Sheriff

Cost Center #: 2970

 

Purpose of Program  The fundamental duty of Court Services is the provisioning of a safe and secure work environment for the court, it's officers, employees and patrons.

 

• ORS 206.010. Attend, upon call, the Supreme Court, Court of Appeals, Oregon Tax Court, circuit court, justice court or county court held within the County, and to obey its lawful orders or directions.

 

11. Standards: Elective, Necessary, And/or Mandated Adult Jail, Sheriff Rural Patrol Deputies, & Criminal Investigations & Related Sheriff’s Office Support Services

 

a) Oregon Revised Statues

 

(1) Program: Administration

• ORS 206.010. General duties of the Sheriff.

 

(2) Program: Emergency Services/Search and Rescue

• ORS 401.560 & 401.573. The Sheriff is responsible for search and rescue activities within the County, and shall adopt a search and rescue plan.

 

(3) Program: Civil

• ORS 206.010. Execute the process and order of the courts of justice or of judicial officers, when delivered to the Sheriff for that purpose, according to law.

• ORS 206.030 and 040. The Sheriff must serve papers, execute process, and make return thereon.

 

(4) Program: Records

• ORS 206.010. Execute all warrants delivered to the Sheriff for that purpose by other public officers, according to law.

• ORS 401.720. Every public safety agency within the state shall participate in a 911 emergency reporting system, using enhanced 911

 

(5) Program: Dispatch

• ORS 206.010. Execute all warrants delivered to the Sheriff for that purpose by other public officers, according to law.

• ORS 401.720. Every public safety agency within the state shall participate in a 911 emergency reporting system, using enhanced 911

 

(6) Program: Patrol + Cave Junction (CJ) Patrol

• ORS 206.010. Arrest and commit to prison all person who break the peace, or attempt to break it, and all persons guilty of public offenses. Execute the process and order of the courts of justice or of judicial officers, when delivered to the Sheriff for that purpose, according to law.

• ORS 206.010. Cave Junction (CJ) Patrol: This is a contract program with the Oregon State Marine Board.

 

(7) Program: Marine Patrol

• Josephine County Policy/Law. Responsible for patroling the waterways of Josephine County including the Rogue River, Illinois River, Applegate River, Lake Selmac and Bolen Lake. This is a contract program with the Oregon State Marine Board.

 

(8) Program: Evidence & Property

• Josephine County Policy/Law. Responsible for the care and chain of custody for all evidentiary property related to criminal cases.

 

(9) Program: Adult Jail

• ORS 206.010. Arrest and commit to prison all person who break the peace, or attempt to break it, and all persons guilty of publilc offenses.

• ORS 169.320. The County must pay for the care of county prisoners. The Sheriff has custody and control of prisoners in the facility.

 

(10) Program: Court Services

• ORS 206.010. Attend, upon call, the Supreme Court, Court of Appeals, Oregon Tax Court, circuit court, justice court or county court held within the County, and to obey its lawful orders or directions.

 

(11) Program: National Lands Patrol?

• Josephine County Policy/Law. Responsible for patrolling the Federal lands in Josephine County administered by the BLM. This is a contract program with the BLM Medford District Office.

 

b) Oregon Administrative Rules

 

 

c) Josephine County Policy/Law

 

(6) Program: Cave Junction (CJ) Patrol

• ORS 206.010. Arrest and commit to prison all person who break the peace, or attempt to break it, and all persons guilty of public offenses. Execute the process and order of the courts of justice or of judicial officers, when delivered to the Sheriff for that purpose, according to law.

• ORS 206.010. Cave Junction (CJ) Patrol: This is a contract program with the Oregon State Marine Board.

 

(7) Program: Marine Patrol

• Josephine County Policy/Law. Responsible for patroling the waterways of Josephine County including the Rogue River, Illinois River, Applegate River, Lake Selmac and Bolen Lake. This is a contract program with the Oregon State Marine Board.

 

(11) Program: National Lands Patrol?

• Josephine County Policy/Law. Responsible for patrolling the Federal lands in Josephine County administered by the BLM. This is a contract program with the BLM Medford District Office.

 

III.   SHERIFF LAW

 

OREGON REVISED STATUTES FOR JO CO SHERIFF’S OFFICE

 

ORS 169

Oregon Revised Statutes: Chapter 169 Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities

Oregon Laws.org

http://www.oregonlaws.org/ors/chapter/169

 

ORS 169.320

 

• Adult Jail: The County must pay for the care of county prisoners. The Sheriff has custody and control of prisoners in the facility.

 

ORS 206

Oregon Revised Statutes: Chapter 206 Sheriffs

Oregon Laws.org

http://www.oregonlaws.org/ors/chapter/206

 

ORS 206.010

 

• General duties of the Sheriff.

• Execute the process and order of the courts of justice or of judicial officers, when delivered to the Sheriff for that purpose, according to law.

• Execute all warrants delivered to the Sheriff for that purpose by other public officers, according to law.

• County Patrol: Arrest and commit to prison all person who break the peace, or attempt to break it, and all persons guilty of public offenses.

        Execute the process and order of the courts of justice or of judicial officers, when delivered to the Sheriff for that purpose, according to law.

• Cave Junction (CJ) Patrol: This is a contract program with the Oregon State Marine Board.

• Adult Jail: Arrest and commit to prison all person who break the peace, or attempt to break it, and all persons guilty of public offenses.

• Court Services. Attend, upon call, the Supreme Court, Court of Appeals, Oregon Tax Court, circuit court, justice court or county court held

        within the County, and to obey its lawful orders or directions.

 

Notes of Decisions

 

When state statute mandates service and requires counties to provide funding for it, but does not specify service level, amount of funding or alternative method of determining amount of funding, statute necessarily leaves at least budgetary decision over amount of funding to county governing bodies. Burks v. Lane County, 72 Or App 257, 695 P2d 1373 (1985)

 

Sheriff does not have authority to enter into security services agreement with private company. Weyerhaeuser Co. v. Klamath County, 151 F3d 996 (9th Cir. 1998)

 

1. Legislative Counsel Committee, CHAPTER 206—Sheriffs,

https://-www.-oregonlegislature.-gov/-bills_laws/-lawsstatutes/-2013ors206.-html External_link_icon(2013)

(last accessed Apr. 27, 2014).

 

ORS 206.030 and 040

 

• The Sheriff must serve papers, execute process, and make return thereon.

 

ORS 401

Oregon Revised Statutes: Chapter 401 Emergency Management and Services

Oregon Laws.org

http://www.oregonlaws.org/ors/chapter/401

 

ORS 401.560 & 401.573 (renumbered ORS 404.110 & ORS 404.120)

 

• The Sheriff is responsible for search and rescue activities within the County, and shall adopt a search and rescue plan.

 

§ 401.560 (Title not available: statute has been repealed or renumbered.)

[1983 c.586 §25; 1993 c.187 §18; 2007 c.530 §1; 2009 c.718 §21; renumbered 404.110 (Search and rescue activities) in 2009]

 

§ 401.573 (Title not available: statute has been repealed or renumbered.)

[1985 c.470 §2; 1993 c.18 §94; 1993 c.187 §20; 2007 c.530 §2; renumbered 404.120 (County sheriff to adopt search and rescue plan) in 2009]

 

ORS 401.720 (renumbered ORS 403.115)

 

• Every public safety agency within the state shall participate in a 911 emergency reporting system, using enhanced 911

 

§ 401.720¹ (Title not available: statute has been repealed or renumbered.)

[1981 c.533 §2; 1989 c.793 §8; 1991 c.743 §3; 1999 c.241 §1; 2009 c.203 §4; renumbered 403.115 (9-1-1 emergency reporting systems mandatory) in 2009]