Public Safety and Justice

Subcommittee

Agenda Meeting Location:

City Council Chambers

200 W. Jefferson St.

Phoenix, Arizona 85003

City Council Chambers9:00 AMWednesday, February 10, 2021

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Press # again when prompted for attendee ID.

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City of Phoenix Printed on 2/3/2021

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*RevisedItem 4 Withdrawn

February 10, 2021Public Safety and Justice

Subcommittee

Agenda

CALL TO ORDER

000 CALL TO THE PUBLIC

MINUTES OF MEETINGS

1 Minutes of the Public Safety and Justice Subcommittee Meeting.

This item transmits the minutes of the Public Safety and Justice

Subcommittee Meeting on January 13, 2021, for review, correction or

approval by the Public Safety and Justice Subcommittee.

THIS ITEM IS FOR POSSIBLE ACTION.

Responsible Department

This item is submitted by Assistant City Manager Jeff Barton and the City

Manager's Office.

INFORMATION AND DISCUSSION (ITEMS 2-3)

2 City of Phoenix Barking Dog Complaint Process

This report provides the Public Safety and Justice Subcommittee with

information regarding the City of Phoenix Barking Dog Complaint process.

THIS ITEM IS FOR INFORMATION AND DISCUSSION.

City of Phoenix Printed on 2/3/2021

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February 10, 2021Public Safety and Justice

Subcommittee

Agenda

Responsible Department

This item is submitted by Milton Dohoney Jr., Assistant City Manager and

the Phoenix Prosecutor's Office.

3 Electronic Patient Care Reporting System Project Implementation

Update

This report provides an update to the Public Safety & Justice

Subcommittee on the Phoenix Fire Department’s (PFD) implementation

of the Electronic Patient Care Reporting (EPCR) System.

THIS ITEM IS FOR INFORMATION AND DISCUSSION

Responsible Department

This item is submitted by Assistant City Manager Jeff Barton and the

Phoenix Fire Department.

DISCUSSION AND POSSIBLE ACTION (ITEM 4)

4 Tobacco and Vaping Issues- *ITEM WITHDRAWN*

This report provides the Public Safety and Justice Subcommittee with

information related to options the City may have to address tobacco and

vaping concerns at the local level. Additionally, background information is

provided on a current legislative proposal introduced this session to

address tobacco and vaping. Staff seeks input and direction from the

Subcommittee on next steps.

THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.

Responsible Department

This item is submitted by Assistant City Manager Milton Dohoney, Jr., the

Law Department and Office of Government Relations.

City of Phoenix Printed on 2/3/2021

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February 10, 2021Public Safety and Justice

Subcommittee

Agenda

000 CALL TO THE PUBLIC

FUTURE AGENDA ITEMS

ADJOURN

For further information or reasonable accommodations, please call Corey Williams, Management Assistant II, City Manager's Office at 602-261-8875. 7-1-1 Friendly.

Persons paid to lobby on behalf of persons or organizations other than themselves must register with the City Clerk prior to lobbying or within five business days thereafter, and must register annually to continue lobbying. If you have any questions about registration or whether or not you must register, please contact the City Clerk's Office at 602-534-0490.

Members:

Councilman Michael Nowakowski, ChairCouncilmember Carlos GarciaCouncilwoman Betty Guardado

Vice Mayor Thelda Williams

City of Phoenix Printed on 2/3/2021

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Public Safety and Justice Subcommittee

Report

Agenda Date: 2/10/2021, Item No. 1

Minutes of the Public Safety and Justice Subcommittee Meeting.

This item transmits the minutes of the Public Safety and Justice SubcommitteeMeeting on January 13, 2021, for review, correction or approval by the Public Safetyand Justice Subcommittee.

THIS ITEM IS FOR POSSIBLE ACTION.

SummaryThe minutes are included for review as Attachment A.

Responsible DepartmentThis item is submitted by Assistant City Manager Jeff Barton and the City Manager'sOffice.

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Attachment A

Phoenix City Council Public Safety and Justice Subcommittee

Summary Minutes Wednesday, January 13, 2021

City Council Chambers 200 West Washington Street Phoenix, Arizona

Subcommittee Members Present Subcommittee Members Absent Councilman Michael Nowakowski, Chair Vice Mayor Thelda Williams Councilwoman Betty Guardado Councilmember Carlos Garcia

Call to Order Chairman Nowakowski called the Public Safety and Justice Subcommittee to order at 9:03 a.m. with Councilwoman Guardado, Councilmember Garcia, and Vice Mayor Williams present via WebEx.

Call to the Public

1. For Approval or Correction, the Minutes of the Public Safety and JusticeSubcommittee meeting on December 9, 2020Vice Mayor Williams motioned to approve the minutes of the December 9, 2020 PublicSafety and Justice Subcommittee. Councilwoman Guardado seconded the motion. Themotion passed unanimously, 4-0.

2. Protest UpdateItem 2 was for information only action. No presentations were planned, but staff wasavailable to answer questions.

Assistant City Manager Milton Dohoney, Jr. stated 149 written comments were received on this item.

Jacob Raiford expressed concern about being able to protest and exercise their first amendment right.

Hava Derby expressed concern about protest charges and accountability within the Police Department.

Edward Brown expressed concern about violence within the City of Phoenix Police Department.

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Anne Ender spoke in support of the Phoenix Police Department and their actions taken to protect peaceful protestors

Councilmember Garcia responded to Anne Ender and stated a need for community engagement, accountability, and transparency in the Phoenix Police Department, especially with the recent officer involved shootings. He expressed support for equitable opportunities for people exercising their first amendment rights.

Sandra Castro Solis expressed concern about the use of force by the Phoenix Police Department towards the protestors last summer and supported increased accountability and transparency.

Councilmember Garcia asked if the Police Department had a presentation for this item.

Assistant City Manager Milton Dohoney, Jr stated City Prosecutor Bob Smith and Assistant Chief Gabriel Lopez were available to answer questions.

Mr. Smith spoke stated 105 cases related to May 30, 2020 had been dismissed due to insufficient basis for prosecution.

Councilmember Garcia thanked the registered speakers for their comments. He stated the Police Department had five officer involved shootings in the past two weeks and expressed concern about officer accountability and the lack of a civilian review board. Additionally, he urged the Maricopa County Attorney to drop charges against protestors and for the City of Phoenix to assist. Councilmember Garcia noted the differences between those who protested at the state Capitol and the Black Lives Matter protests in front of the Phoenix Police headquarters.

Councilmember Garcia asked who in the Police Department monitors social media of civil rights organizations.

Chief Lopez responded investigators in Homeland Defense Department and Community Engagement Bureau monitor social media. He explained that monitoring allows the Police Department to identify the intent and amount of people going to an event.

Councilmember Garcia asked if the Police Department monitored specific groups.

Chief Lopez stated keywords are used when looking at events, but no specific groups are targeted.

Councilmember Garcia asked who makes the decision to follow specific groups.

Chief Lopez stated the Police Department does not follow particular people but chatter on social media as it relates to specific events.

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Councilmember Garcia asked about if the Police Department has seen a spike in white supremacy and if white supremacy groups are being followed on social media. Chief Lopez stated federal, state and local law enforcement agencies use social media as a tool to gather intelligence and that threats were monitored via social media and talking to people on the street.

Councilmember Garcia asked if the Police Department uses files to identify specific groups.

Chief Lopez stated the Police Department uses all available tools to gather intelligence to protect the community.

Councilmember Garcia asked if the Police Department keeps files on activists or organizations.

Chief Lopez stated he was not aware of any files on particular people as it relates to civil rights organizations or Black Lives Matter groups.

Councilmember Garcia asked if the Police Department had files on individuals or activists.

Chief Lopez stated there are case files on people who have been arrested in the case management system, but the word file is broad.

Councilmember Garcia asked if there is a place where information is stored on people who have organized marches or protests.

Chief Lopez stated he was not aware of specific people. He said the Police Department uses intelligence to get a pulse on events to keep the community safe.

Councilmember Garcia asked how information was kept on specific people who frequented protests.

Chief Lopez stated crowds present many challenges and the intent is to not escalate and send officers in when there are thousands in the street. He stated several people were identified through subsequent events, and if there was probable cause from prior events then the person could be arrested for a criminal act from a prior event.

Councilmember Garcia asked how people were identified and arrested from previous events.

Chief Lopez stated after every event the Police Department wrote incident reports. He stated the incident reports documented observed crimes, probable cause, and that the person was unknown. He explained if intelligence was gathered after the event and if

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the person was identified later, then they would be arrested and interviewed about their actions.

Councilmember Garcia asked what is included in the incident reports for unknown people.

Chief Lopez explained if the identity of the person is learned through subsequent events or through social media then it would be added to the report.

Councilmember Garcia asked how crimes were tracked and if surveillance technology such as trucks or body cameras are used to identify people at the protests.

Chief Lopez stated some protestors advertise or capture unlawful activity on social media. He stated some people speak with officers working in the Community Engagement Bureau and make connections with groups. He said through the relationships made with the Community Engagement Bureau, the Police can deescalate situations.

Councilmember Garcia asked if people are tracked on social media and how the Police Department determined if a crime was committed.

Chief Lopez stated social media is an open source tool and events and post activities can be searched. He said from the posts possible criminal acts or persons committing criminal acts can be identified.

Councilmember Garcia asked about the role and relationships of the Community Engagement Officers with the community and if the relationships were used to implicate community members.

Chief Lopez stated the role of Community Engagement Officers are to keep events peaceful and avoid unlawful activities.

Councilmember Garcia expressed support for ongoing conversations and asked for equity among people expressing their first amendment right to protest.

Councilwoman Guardado expressed support for accountability and the right to protest. She urged the Maricopa County Attorney to drop charges against protestors. She also expressed the importance of school programs and opportunities for students. Councilwoman Guardado stated charging protestors with felonies destroys their lives and perpetuates inequality.

Chairman Nowakowski asked about the role of the Community Engagement officers. Chief Lopez stated the Community Engagement officer’s role is to be engaged with the community and establish relationships.

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Chairman Nowakowski asked if the Community Engagement officers were asked to protect the protesters to which Chief Lopez agreed. Chairman Nowakowski asked if the damages in question occurred on May 30. Chief Lopez stated the event in question was May 30 and the damage included graffiti, fires, broken windows, and damage throughout downtown Phoenix.

Chairman Nowakowski stated law enforcement is using videos to look at the individuals who participated in the Capitol riots and asked if the Phoenix Police Department uses social media to target leaders to stop marches.

Chief Lopez stated social media is a good tool to prepare and glen information about upcoming events and to identify criminal activities and suspects.

Chairman Nowakowski stated the council office has received a lot of calls where people were at the wrong place at the wrong time and wanted to ensure the Police Department is not targeting individuals or using social media preemptively to target individuals at the marches.

Information and Discussion (ITEMS 3 -6)

3. Community Hiring Review BoardAssistant City Manager Milton Dohoney, Jr introduced Assistant Chief Sean PatrickConnolly.

Assistant Chief Sean Connolly introduced the Community Hiring Review Board and highlighted the three goals of review board, to increase transparency, quality of applicants, and foster community input for the future of the Phoenix Police Department

Assistant Chief Connolly provided information on the background and structure of the police officer hiring process and gave a breakdown of community and employee members.

Assistant Chief Connolly spoke about training and interviews. He stated community members must complete two-hour training sessions and employees are required to complete a one-hour training sessions. He stated interviews are held monthly and limited to twenty minutes. Assistant Chief Connolly explained each member of Community Hiring Review Board provides a personal and subjective recommendation based on the answers and experiences of the applicant.

Assistant Chief Connolly stated the projected start date for the Community Hiring Review Board is late January 2021, and arrangements are in place to conduct meetings virtually.

Councilmember Garcia asked how the volunteers were chosen.

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Assistant Chief Connolly stated the volunteers were chosen by the community and selected by department. Councilmember Garcia asked how an interested community member could become involved in the Community Hiring Review Board.

Assistant Chief Connolly stated all community members should reach out via their community relationships. He noted the Phoenix Police Department can send out information via social media.

Councilmember Garcia asked how long a community member serves on the Community Hiring Review Board.

Assistant Chief Connolly stated serving on the board has a 2-year commitment and requires a background check.

Councilmember Garcia asked who developed the questions asked by the Community Hiring Review Board.

Assistant Chief Connolly responded it was a collaborative effort by the Community Engagement Bureau, the precincts, and members of the community who submitted questions.

Councilmember Garcia asked why the Community Hiring Review Board is only limited to asking questions submitted beforehand.

Assistant Chief Connolly stated it is important to have structure and consistency in the hiring process to ensure fairness for all applicants.

Councilmember Garcia thanked Assistant Chief Connolly for engaging the community in this process and asked about the intentions of the Community Hiring Review Board.

Assistant Chief Connolly stated the intent of the Community Hiring Review Board is to ensure the City of Phoenix is building the best community-driven Police Department. He stated social media is a good indicator of the type of character and person, and a social media scrub is completed as part of the hiring process.

Chairman Nowakowski asked how the makeup of the committee reflects the makeup of the City of Phoenix. Assistant Chief Connolly explained the Police Department is cognizant and strives to ensure the boards, outreach projects, and panels mirror and reflect the community.

Chairman Nowakowski asked where the interview process occurred within the recruitment process. Assistant Chief Connolly explained the community interview happens near the end of the whole process before the academy.

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Anne Ender spoke in support of the Community Hiring Review Board.

4. Police Communications Dispatchers UpdateAssistant City Manager Milton Dohoney, Jr introduced Human Resources Director LoriBays.

Ms. Bays spoke on police dispatchers’ salaries and the 911/Civilian Response Workgroup recommendations to attract and retain applicants.

Ms. Bays Provided an overview of the valley wide dispatcher survey, highlighting salary ranges (minimum and maximum) and average salaries. She stated the average in Phoenix is $55,356.

Ms. Bays highlighted challenges faced by Phoenix 911 operators, who can average up to 200 calls per day compared to other cities’ dispatchers, who average 20 calls per day. She stated Phoenix staff work more critical incidents and have higher calls of foot pursuits, collision, and shootings. She noted dispatchers could be managing as many as 80 officers per shift, compared to other cities’ dispatchers, who manage 10 – 15 officers per shift.

Ms. Bays stated the 911/Civilian Response Workgroup from August 2019 to March 2020 was formed to improve well-being, foster overall job satisfaction, increase retention, and enhance recruitment options. She explained the Workgroup was made up of employees in different city departments, labor partner groups, District 4 staff, and a registered Health Psychologist.

Ms. Bays stated this item was slated for information and discussion only, not for action by the Subcommittee.

Ms. Bays discussed additional dispatcher challenges, such as working on a 24-hour operation, high demand calls, and challenges to take time off. She stated management struggles to maintain minimum staffing levels, and that some staff must work on a regularly scheduled day off or use their protected leave. She noted the burn out rate for employees averages seven to eight years.

Ms. Bays provided an overview of the committee’s staffing recommendations, which included hiring more employees, expanding mentorship programs, and developing career paths.

Ms. Bays went over the committee’s hiring recommendations to include personality/psychological profiles, reduce application to hire timeframes, and develop a matrix to hire above step one.

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Ms. Bays also highlighted the committee’s recruiting and hiring recommendations to increase marketing strategies for larger candidate pools and outreach to non-traditional groups.

Vice Mayor Williams asked when the recommendations will be implemented and if was too late to make the recommendations a priority.

Ms. Bays stated some recommendations are currently being implemented, such as streamlining the hiring process and getting rid of the typing test. She noted other recommendations, such as overstaffing, are not within the department’s 2021 budget, but she supports including overstaffing in the next budget cycle.

Councilwoman Guardado asked about the ratio of dispatchers to officers in Tempe compared to Phoenix.

Ms. Bays stated the comparison information was not available and that the only known comparison information was call volume.

Councilwoman Guardado asked if other cities were having retention issues with dispatchers.

Ms. Bays stated retention issues for dispatches are significant across the industry and the position has a high vacancy rate. She noted the City of Phoenix may be particularly high because of the volume of the workload in comparison to other cities, in spite of Phoenix having a competitive average salary.

Councilwoman Guardado asked what challenges other large cities outside of Arizona are facing.

Ms. Bays stated the study did not include other large cities and focused on other Valley agencies due to talent competition. She stated she will provide additional information on what other large cities outside Arizona are doing.

Councilwoman Guardado asked if staff and dispatchers have been surveyed.

Ms. Bays stated dispatchers from Police, Fire, and Aviation were part of the workgroup and their insights were helpful and included in the recommendations presented.

Councilwoman Guardado asked for the list of recommendations the City of Phoenix dispatchers provided to accelerate this process. She noted constituents have been on hold for over 30 minutes and that wait times were discouraging people from calling in.

Chairman Nowakowski asked if staff looked at base salary or total compensation.

Ms. Bays stated base salary was assessed.

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Chairman Nowakowski asked if a total compensation comparison was conducted.

Ms. Bays stated due to limited time only base salaries were assessed, but staff is working on conducting market comparisons on various classifications.

Councilmember Garcia expressed support to increase salaries, alter the work environment, and find additional ways to support the Dispatchers.

Ms. Bays responded that changes to the work environment are being addressed by implementing lighting changes, ergonomic equipment, and quiet rooms.

Councilwoman Guardado asked if was possible to change the salary increase from five to three years.

Ms. Bays stated the City of Phoenix uses the step system, so dispatcher salaries are increased each year after a successful performance review. She added the City is working towards establishing criteria for new hires to start higher than step one, but additional approvals to the salary range and adjustments are needed.

The chair opened the floor for public comment.

Jeff Spellman expressed concern about excessive call times for crime stop prevention.

Shirley Dieckman expressed concern about starting salaries for Dispatchers.

5. Community Policy Review Panel PilotAssistant Chief Sean Connolly provided an overview of the Community Policy ReviewPanel Pilot. Assistant Chief Connolly stated policy can be added, reviewed, andmodified during a 14-day review and comment period and any changes are approved bythe Police Chief. He added the goal of the pilot is to engage community members in thepolicy and operations process.

Assistant Chief Connolly stated the Community Policy Review Pilot was initiated in December 2020 and consists of 17 local representatives from various organizations ranging from advocacy organizations, youth, and healthcare. Within the 14-day review period, the policy drafts are sent out to the community to provide feedback. Assistant Chief Connolly noted this pilot will be reviewed every six months to glean insights and ideas for community engagement and transparency.

Councilmember Garcia asked who was a part of the Community Policy Review Panel in the December meeting.

Assistant Chief Connolly responded 17 members took part in the December meeting.

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Councilmember Garcia asked who makes the final decision on the composition of the Community Policy Review Panel.

Assistant Chief Connolly explained Chief Williams has the final say on the Panel members.

Councilmember Garcia asked what criteria is used to select the community members for the Community Policy Review Panel.

Assistant Chief Connolly stated anybody at any time can provide input. He added the members on the Community Policy Review Panel have a history of working collaboratively and keeping Phoenix Police Department accountable.

Councilmember Garcia expressed concern on how candidates were selected, and the criteria used to create panels and boards.

The chair opened the floor for public comment.

AJ Marsden expressed support of the collaborative nature of this board and encouraged partnerships.

Nadine Alauira expressed support as a member of the community policy review board.

6. Inspection Testing and Maintenance Report System for Fire and Life SafetyCompliance - UpdateExecutive Assistant Chief Scott Walker introduced Assistant Fire Marshall Eric Williamsand Division Chief Joseph Meier. Executive Assistant Chief Walker stated the BrycerCompliance Engine (Electronic Inspection, Testing, and Maintenance) program hasbeen in place for one year and has allowed the Fire Department to manage and test therequirements of all life safety systems in the City of Phoenix.

Chief Meier provided an overview of the fire prevention efforts and stated the City of Phoenix has 36,000 commercial buildings and requires inspections of over 97,000 systems. He added program management has been challenging, and the Brycer compliance engine solution has led to a 41% increase in reporting; reporting time has dropped from 45 minutes to six minutes; and deficiencies in the process have been quickly identified and managed to increase compliance. Chief Meier added the technology provides real-time reports and comes at no cost to the City of Phoenix and minimal cost to customers.

7. Report and Update on E-Cigarettes and Vaping for Under 21Assistant City Manager Milton Dohoney, Jr. introduced Neighborhood Services DirectorSpencer Self and City Attorney Julie Kreigh.

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Mr. Self provided an overview of the three community listening input sessions from December to gather feedback on the issues of e-cigarettes/vaping in the Phoenix community. He stated 97 unique speakers and 237 registrants provided feedback during the listening sessions. He stated common themes were community concerns related to the impact of vaping on youth, health impact of vaping/tobacco products, lack of enforcement of existing laws on sales, and impact of additional regulation.

Mr. Self also noted participants proposed actions ranging from implementing new City regulations, supporting new state regulation, providing additional enforcement and/or penalties, providing more education, and do not support or implement additional regulation.

Ms. Kriegh provided a summary of the current laws related to e-cigarettes and vaping, which include a federal prohibition of sales of all tobacco products, including e-cigarettes and e-liquids, to those under 21; an Arizona state prohibition of the sale and use of tobacco products and vapor products to anyone under the age of 18. She also noted that State law addresses where smoking is allowed, but not vaping. She added many other cities in the last year have addressed prohibition of vaping and implemented prohibition of sales to under 21.

Councilwoman Guardado asked if the City is in compliance with federal law.

Ms. Kriegh stated there is a gap from the federal law and state legislation. She noted the federal law governs and supersedes state law and retailers are still required to be in compliance with federal law.

Councilwoman Guardado asked what actions the City can take to be in compliance with federal law.

Ms. Kriegh stated the City is currently not required to take action. She noted businesses are required to abide by federal law and the city can consider a city code to impose stricter fines for enforcement.

Councilwoman Guardado asked if the current City Code has an age attached.

Ms. Kriegh responded the City Code does not have a provision specifically addressing vaping and e-cigarettes and thus no age restrictions.

Councilwoman Guardado asked about the community outreach meetings and if west Phoenix was included.

Mr. Self responded west Phoenix was included and the invites were broken down by Village Planning Communities and Neighborhood Association groups.

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Councilwoman Guardado asked if Alhambra and Maryvale Village Planning Communities were included.

Mr. Self stated both Alhambra and Maryvale were included.

Councilwoman Guardado asked if representatives from Maryvale and Alhambra attended the meetings.

Mr. Self stated he would have to check and look at the specific attendees, but the available information was not parceled out by area as originally intended.

Chairman Nowakowski opened the floor for public comment.

Rani Sweis expressed concerns about a citywide ban and enforcement.

Neda Khoshaba expressed concerns about a flavor ban on their business.

Thomas Briant expressed concern about a flavor ban as a governmental overreach.

Bob Roberts expressed concerns about a flavor ban on their business and concern of increased crime and black markets.

Bret Pagi spoke in opposition to a flavor ban in the City of Phoenix.

Charles Gardner expressed concerns about the impacts of a flavor ban and unintentional consequences.

David Morris expressed concern that a flavor ban will create black markets.

Amanda Gray spoke in opposition on a flavor ban and stated the ban will drive tobacco sales outside of Phoenix.

Kristopher Ortega expressed concerns that a flavor ban will have impacts on local Phoenix businesses.

Deseree Valencia expressed concerns that a flavor ban will have unintended consequences on minority communities and lead to more interactions with law enforcement but supported increased education.

Sam Sterog expressed concerns that a flavor ban will have direct impacts on minority communities and supported increased education.

Chris Olson spoke in opposition in a flavor ban.

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Aaron Hamu expressed concerns that a flavor ban will shut down business and force people to use cigarettes.

Fermin Oliva expressed concerns that a flavor ban will increase legal issues among users.

Gibson McKay expressed support for the state to regulate e-cigarettes and flavors.

Katie Birtel expressed concerns that a flavor ban will have impacts on their business.

Kyle Adolph expressed concerns that a flavor ban will not work and suggested enforcement of the federal 721 law T21 will be more effective.

Brian Hummell spoke in support of a flavor ban.

Philip Carpenter expressed support of a flavor ban.

Brianna Weeks spoke in support of creating a comprehensive ordinance to address the sale and ban of flavored tobacco products.

Stephanie Siete spoke in support of ending the sale of tobacco and tobacco products targeted at youth and advocated the City Attorney and staff look at enforcement mechanisms.

Cynthia Stremba expressed support to end the sale of flavored tobacco products.

Cindy Bitcon spoke in favor of a ban on the sale of flavored tobacco products.

Paul Ulan spoke in favor of a ban on the sale of flavored tobacco products.

Donna Bartlett spoke in support of ending the sale of flavored tobacco products.

Patty Beckman spoke in support of ending the sale of flavored tobacco products.

Nicole Olmstead expressed support of banning the sale of flavored tobacco products.

Emily Gregos spoke in support of creating a comprehensive ordinance to address the sale and ban of flavored tobacco products.

Mark Barnes spoke in support of creating a comprehensive ordinance to address the sale and ban of flavored tobacco products.

Claudia Rodas spoke in support of ending the sale of flavored tobacco products.

Dianne Moore spoke in support of ending the sale of flavored tobacco products.

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Jordan Rose spoke in support of outreach with the community and stakeholders in the development of future policies.

Kerrin Kleinschmidt asked the City Attorney to research options to address the sale of flavored tobacco.

Kenneth Ray expressed support of banning the sale of all flavors in all venues.

JoAnna Strother spoke in support of ending the sale of tobacco and tobacco products targeted at youth and advocated the City Attorney and staff look at enforcement mechanisms.

Petra Morrison spoke in support of ending the sale of flavored tobacco and tobacco products.

Floyd Galloway expressed support of banning the sale of flavored tobacco products.

Antonio Val De La Mora spoke in support of ending the sale of flavored tobacco products.

Lawrence Robinson expressed support of banning the sale of flavored tobacco products and was able to pass a resolution in the Roosevelt School District.

Councilwoman Guardado asked Mr. Robinson what was done to pass the flavored tobacco resolution and how it was enforced.

Mr. Robinson stated a resolution to end the dependence on tobacco was presented to the school district, indicating that 80 percent of kids who use tobacco started by using flavored tobacco.

Councilwoman Guardado asked if any tobacco or tobacco related products were banned from the schools.

Mr. Robinson stated the resolution was passed but it does not have any ability to be enforced unless the City of Phoenix passed an ordinance.

Swati Rawani provided an overview of restrictions of flavored tobacco products and stated state and local entities can enact ordinances and do not need federal laws.

Chairman Nowakowski asked staff, attorneys, and the community to conduct more outreach with the community.

Councilwoman Guardado asked how the City could enforce a flavor ban without police enforcement.

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Ms. Kriegh stated staff needs to explore further enforcement discussions but that currently the City does not have the appropriate staff for enforcement.

Councilwoman Guardado expressed support to develop a plan to enforce a ban without putting more pressure on the Police Department.

Chairman Nowakowski asked staff to go back into to the community to further explore this topic.

Vice Mayor Williams agreed with Chairman Nowakowski and requested a Government Relations update and briefings from the State Legislature.

Councilwoman Guardado agreed and asked for regular briefings.

Chairman Nowakowski asked about future agenda items. Mr. Dohoney stated there is an item on the barking dog process and Fire Self Contained Breathing Apparatus (SCBA) Replacement.

Call to the Public None.

Future Agenda Items Barking Dog Process and Fire Self Contained Breathing Apparatus (SCBA) Replacement

Adjournment Chairman Nowakowski adjourned the meeting at 12:42 p.m.

Respectfully submitted, Ariel LeBarron

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Public Safety and Justice Subcommittee

Report

Agenda Date: 2/10/2021, Item No. 2

City of Phoenix Barking Dog Complaint Process

This report provides the Public Safety and Justice Subcommittee with informationregarding the City of Phoenix Barking Dog Complaint process.

THIS ITEM IS FOR INFORMATION AND DISCUSSION.

SummaryThe City of Phoenix Prosecutor’s Office will present information to the Public Safetyand Justice Subcommittee regarding the City of Phoenix Barking Dog Complaintprocess. The Prosecutor’s Office maintains a “Barking Dog Hot Line” and a web pageto provide information to citizens concerned with barking dogs. Upon request by acitizen, a letter with information on addressing barking dogs is sent to the dog owner.The Prosecutor's Office provides resources to residents to assist them in working withtheir neighbors to resolve barking dog issues, including how to reach out to theneighbor, the benefits of seeking private mediation, and how developing a mutuallyagreeable plan to address the barking dog issues can be the most effective solution tothe problem. If a resolution is not achieved, the Office provides information on how tofile a petition for a barking dog complaint. In an effort to achieve successfulprosecution in these types of cases, the complaint process requires a petition, threesignatures from neighbors, a detailed log of the barking incidents, and any audio orvideo evidence that is available. This presentation will cover the elements of theoffense, the difference between criminal and civil violations, and the process for filing asufficient criminal complaint.

Responsible DepartmentThis item is submitted by Milton Dohoney Jr., Assistant City Manager and the PhoenixProsecutor's Office.

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Public Safety and Justice Subcommittee

Report

Agenda Date: 2/10/2021, Item No. 3

Electronic Patient Care Reporting System Project Implementation Update

This report provides an update to the Public Safety & Justice Subcommittee on thePhoenix Fire Department’s (PFD) implementation of the Electronic Patient CareReporting (EPCR) System.

THIS ITEM IS FOR INFORMATION AND DISCUSSION

SummaryOn June 3, 2020, the City Council approved award of a contract for an EPCR systemthat will allow the PFD to move from a manual, antiquated, tri-part, paper-basedpatient documentation process that has been in place for over three decades to amodern, innovative solution for documenting patient records. This new system is highlyconfigurable and will allow for increased effectiveness and efficiencies that will includethe following: electronic input of patient information, electronic storage of information,and electronic transmission of patient records.

Additionally, the EPCR system will help to ensure higher levels of quality control,compliance with state and industry standards, more effective tracking of keyperformance indicators, and allow for greater participation in local, state, and nationaldata-sharing efforts.

Currently, the EPCR Project Team is in the process of finalizing the configuration of thesoftware user experience and interface with current applications. A three-step trainingplan is underway, and the Fire Department is forecasting an operational “go-live” withthe new system in May of 2021.

Concurrence/Previous Council ActionThe EPCR system and implementation was approved by City Council on June 3, 2020.

Responsible DepartmentThis item is submitted by Assistant City Manager Jeff Barton and the Phoenix FireDepartment.

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Public Safety and Justice Subcommittee

Report

Agenda Date: 2/10/2021, Item No. 4

Tobacco and Vaping Issues

This report provides the Public Safety and Justice Subcommittee with information related to options the City may have to address tobacco and vaping concerns at the local level. Additionally, background information is provided on a current legislative proposals introduced this session to address tobacco and vaping. Staff seeks input and direction from the Subcommittee on next steps.

THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.

Background

The October subcommittee heard the summary of federal and state laws and in response, asked staff to seek further community input. Staff provided the summary of the community input in January. The subcommittee asked staff to explore and bring back enforcement options if the City takes action to enact a local ordinance regarding tobacco and vaping, and also requested information on any related legislation.

Enforcement

Depending on the local code provision that is adopted by the City, the City may enforce against both retailers and individuals criminally or civilly. The amount of City resources required to enforce depends on the type of program implemented. The City may provide Neighborhood Services with authority to issue civil violations. Neighborhood Services enforcement efforts would be limited to retailers and aimed at auditing written records of age verification or making visual inspections for banned products, unless working in conjunction with the Police Department for undercover operations. Any criminal citations issued to retailers or to individuals illegally in possession of tobacco products, or supplying false identification, would require the participation of the Police Department.

Law

The Federal law, T21, effective in January 2020, prohibits retailers from selling any tobacco product to anyone under 21 years of age (including e-cigarette products).

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Agenda Date: 2/10/2021, Item No. 4

Arizona laws, Arizona Revised Statutes, section 13-3622, prohibits sales to thoseunder 18. Section 13-3622 also establishes a petty offense for minors in possession oftobacco or vapor products and for providing false identification of their age. Currently,five cities in Arizona have taken action to mitigate youth vaping. Cottonwood, Douglas,Flagstaff, Goodyear and Tucson, have enacted local ordinances that prohibit retailersfrom selling tobacco products to anyone under the age of 21.

Legislation

Several bills are under consideration and will be summarized at the meeting.

Responsible DepartmentThis item is submitted by Assistant City Manager Milton Dohoney, Jr., the LawDepartment and Office of Government Relations.

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