City Attorney initiates discussion to outsource Police duties?

SAN BERNARDINO - The City Council on Monday will consider a recommendation to solicit a proposal from the Sheriff's Department on what it would cost to contract with the county law enforcement agency for policing services.
As part of a major organizational restructuring of city operations in light of its filing for Chapter 9 bankruptcy protection on Aug. 1, the possibility of outsourcing various services, including police and fire protection, has become a necessary evil.

City Attorney James F. Penman initiated a discussion with the Sheriff's Department to determine whether contracting for law enforcement services was feasible.

Sheriff Rod Hoops said his department could provide a formal proposal if a majority of council members requested in writing a proposal and authorized the interim city manager to provide the information to the Sheriff's Department to develop the proposal, according to a staff report prepared for the council.

The city is also considering requesting a proposal from the county Fire Department at a later date, Penman said.

"There's no plan to put a similar proposal on Monday's agenda regarding the (county) Fire Department, however, that could come at a future date," Penman said.

Penman said he doesn't expect the move will fare well with the city's police and fire unions, the San Bernardino Police Officers Association and San Bernardino City Professional Firefighters.

"I think both unions will oppose this very strongly," Penman said Thursday. "At the same time, I think the city has an obligation to be open and above board on this and not to try and spring it on people."
Penman met with the police union's president and vice president on Monday to tell them of the city's plan.

"Penman says it's part of the bankruptcy process. They have to look at all areas, and it's my understanding this isn't necessary," said Steve Turner, president of the Police Officers Association, or POA.

The POA held an emergency meeting on Tuesday to discuss the matter. Turner would not disclose what was discussed or any action the union plans to take.

Penman said he also met Monday with the president and secretary/treasurer of San Bernardino City Professional Firefighters, Scott Moss and Greg Parker, respectively, to tell them the city is considering seeking a proposal from the county Fire Department.

Moss didn't return telephone calls seeking comment.

The POA posted a message on its Facebook page Wednesday urging supporters of an independent police department to attend Monday's council meeting to voice their opposition.

"Now, after years of mismanaging the city's budget, the San Bernardino City Council will meet on Nov. 5 to discuss outsourcing your police department to the county, despite the nearly $10 million in concessions we've given in the last four years," the Facebook message said.

Penman said the city, as part of its bankruptcy protection obligation, needs to explore the costs of contracting with the Sheriff's Department and the county Fire Department to ensure it is moving forward in the most efficient and cost-effective manner and to satisfy its creditors and the bankruptcy court.

"The bankruptcy court expects the city to explore all viable options to determine if the services we are providing are being provided in the most efficient and economical matter," Penman said. "We cannot make that determination without knowing what the sheriff would charge us to police the city.... There's nothing in bankruptcy law that says we have to make these comparisons, however, the creditors are already complaining we haven't been doing that."

Contracting with the Sheriff's Department, Penman said, would require an amendment to the city charter, which mandates that the mayor and council prescribe rules and regulations involving the Police Department and to enforce discipline.

That would require a ballot measure be drafted and a vote of approval by taxpayers.

"In the end, the final say is going to be with the voters of San Bernardino," Penman said. "That's what the charter says, and the charter is the Bible of this city that was approved by the voters."

Getting that taxpayer nod could be a hard sell, given the legion of supporters of an independent police department.

Studies show that people feel safer when their city is under the jurisdiction of a local police department, a Cal Poly Pomona professor said.

"One premise of community policing is the community and the local police are forced to understand each other and their needs better and that requires interaction between police and community, preferably not during an emergency," said Stacy McGoldrick, associate professor of sociology and coordinator of the campus criminology and criminal justice program. "The Sheriffs will have wider territory and it's difficult to have that intimate local knowledge."

Penman said the economic plight of the city has become so dire that considering the possibility of outsourcing public safety was necessary.

"If the city can't make its payroll - if that happens the sheriff comes in by law," Penman said. "It is fair to say that there is a strong possibility that the city could reach a point soon because we came close in the last several months, where the city will cease to function because we couldn't make payroll."