Monday, October 19, 2009

Our blog has moved.

Thanks for visiting Protect San Jose on Blogspot. Our blog is now fully integrated with our website at ProtectSanJose.com, where we've also added technological upgrades that allow you to interact with us in exciting new ways. As such, we'll no longer be posting at this web address. We apologize for any inconvenience.

Check out the new and improved Protect San Jose today!

Friday, October 16, 2009

Beat Cop: "I know it when I see it"

Thanks for all the great questions. Keep 'em coming...

Mark:

When is something considered by the Police to be considered a civil matter, as opposed to a criminal one?

Beat Cop:

Mark, “I know it when I see it...”

That’s a line made famous by the U.S. Supreme Court when trying to define obscenity in the ‘60s. Well, trying to answer your question caused me to recall that famous line. How do we know if the situation put before us when we respond to a call is civil or criminal?

In short, we know it when we see it. In the world of police work, criminal law trumps civil law, and civil laws are many times hands-off for the police. We have well-trained dispatchers who can help you decipher the nature of your particular situation and let you know if the police can help. If there is still some uncertainty, please feel free to ask for an officer to respond.

Police departments can generally only enforce criminal laws. Sometimes a person will clearly violate a civil law and a citizen calls the police to take action. In a case like that, the police can assist by providing the appropriate court information but could not take action or force the issue.

One of the most common civil cases we come across are tenant-landlord issues. Local police departments do not handle most issues relating to evictions. The Sheriff’s department has a civil division that can assist with the eviction process and ultimately the physical eviction. It can be a long process, and we understand the frustration when you call the police for assistance and we can only point you in the right direction.

For more eviction information, contact the Santa Clara County Sheriff’s Department Civil Division at (408) 808-4800. The California Department of Consumer Affairs has a website with information, forms and explanations of laws. You can even request a free booklet explaining landlord tenant issues.

‘Til next time, proudly serving you,
Your Beat Cop

Thursday, October 15, 2009

What's up, Doc?

By Bobby Lopez

I just got back from vacation on Tuesday, and before I even got to the office, I saw this article in the Mercury News. In case you didn’t catch it, Dr. Rajiv Das, who advises San Jose’s Police and Fire Retirement Board on disability claims, has been accused by some of holding up the process.

As sometimes happens when there’s a controversial story involving police, a Mercury reporter, John Woolfolk, called me for a comment. The final story includes bits and pieces of all that I said, but it doesn’t accurately reflect my position.

First off, I have no personal problem with Dr. Das, and I have never referred to him as “Dr. No.” I have heard rumors that others refer to him that way, and that’s all I told Mr. Woolfolk.

My concern is that Dr. Das is overworked. As it says in the paper, Dr. Das also serves as a medical consultant to the pension board for civilian retirees and performs yearly physicals and driving and drug tests on city employees. That’s a lot of work, and it means Dr. Das reports to no less than three different governing bodies at City Hall. I doubt that he has a lot of free time.

Meanwhile, we have cops suffering from disabilities that keep them from doing the job they swore to do, the job they live to do. They’re forced to stay home with no income and wait for their claim to come through. Sometimes, this process can take six months or more. These are men and women with families to feed and bills to pay. They simply can’t afford to wait.

We have one member who’s been waiting on her claim for almost five months now. In that time, the medical insurance that covers her and her daughter has run out and her car has been repossessed. Adding insult to her injury, we found out the POA can’t assist her through our catastrophic emergency fund because of legal issues with workers’ compensation.

The City needs to reduce Dr. Das’ workload and get these claims processed more efficiently. Maybe that means hiring another physician to help Dr. Das. Maybe it means streamlining the claim process. Either way, we need a fair and equitable disability retirement system that supports our public safety employees who have sacrificed their bodies to keep us safe.

Bobby Lopez is President of the San Jose Police Officers' Association.

Wednesday, October 14, 2009

Special Public Safety Meeting

By Kathleen Flynn

Tonight, I will be attending yet another meeting at City Hall which will focus on public safety and policing. After the meeting, I will write a follow up story to post the details of what happened. I hope those of you who support our men and women in blue and who have been victims of crime will join me. For more information on the meeting, go to the City of San Jose website and see the announcement at the top of the home page.

The Mayor and City Council have spent years now listening to a small but vocal minority claiming that SJPD has been engaged in racial profiling, and unfairly targeting minorities. This group has put so much pressure on the Council that laws that were designed to protect us from unlawful behaviors like being drunk in public have been watered down so much so that I hate to see what comes next.

Unless and until more people start speaking up for victims of crime, supporting SJPD, and demanding the hiring of more officers, the real issues of lawlessness that face our city will never be addressed. Victims of crime will continue to fall by the wayside and remain without a voice.

Our under-staffed and over-worked police will continue to feel unappreciated, and our citizens will continue to be affected by increases in crime while criminals walk free. The small, vocal minority that fights so hard for the rights of law breakers will continue to garner all the attention and City resources while deflecting the need for change in their direction, and the hiring of more police officers will be put off for yet another year.

Please tell your friends and neighbors about tonight’s meeting and join me. Or email the Mayor and Council to offer your support of our excellent SJPD and speak out in favor of putting victims’ rights first.

Thank you!

Kathleen Flynn is a professional mediator and community activist.

Tuesday, October 13, 2009

Community Budget Participation: Educate Yourself

Part two of a multi-part series

By Ed Rast

Do you understand the actual condition of San Jose’s city facilities and service levels, where and why your tax dollars are being spent, and the City operating budget by department? It’s okay. Most people don’t. But that makes it difficult for them to participate in a community budget discussion.

Last week, I briefly discussed San Jose’s budget process and suggested that if you wanted to knowledgably participate in the coming community outreach that you should read the January 2008 report, City of San Jose: Development of Strategies to Address the City’s General Fund Structural Budget Deficit, in which many of this and next year’s deficit reduction strategies are discussed.

I also pointed you to previous blogs of mine on Protect San Jose in which I discuss public safety conditions, under-staffing, and the city budget.

If you’ve done your homework, you’re already better informed than most of your friends and neighbors. But access to this knowledge isn’t a privilege for the select few. It’s granted to all of us by law.

California’s Public Records Act, part of the state constitution, provides “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.”

As part of the budget process, the people of San Jose deserve access to more complete, understandable, and essential budget information that clearly shows:

• past actual budget spending, staffing and city service performance results;

• the current city facility, service, and performance measurement conditions, organized by responsible department;

• proposed city budget priorities, source of anticipated revenue, proposed revenue increases, and spending proposals organized by category, projects and public-private service partnerships and service grants;

• proposed actual staffing requirements and performance measurements to measure progress in meeting performance goals; and

• how each budget appropriation will or will not affect San Jose’s residents, businesses, and city government and how it will improve our community.

If everyone understood this basic budget language, City leaders and residents could engage in a proper, meaningful, and informed dialogue, which is essential to open, transparent, and accountable government

In recent years, the budget process has improved, and most residents believe that city staff who prepare the budget have good intentions, but it is not enough to be well-intentioned if most residents and even some councilmembers cannot clearly understand the City’s budget document.

San Jose’s budget looks good until you look closely look at the document itself. You find lots of confusing words and numbers that:

• summarize revenue, spending and staffing data but do not provide sufficient detail of actual vs. budgeted staffing and expenditures, common national performance measurement comparisons other cities use in their budgets;

• compare five year’s worth of budgeted staffing but do not compare that data to actual staffing by department;

• do not provide comparisons on a per-resident basis for 10 large local cities or the 12 largest California cities so city services provided for cities of differing populations can be compared to provide possible context or footnotes to explain unusual differences or variances;

• do not provide comparisons with local cites for a) development costs and b) cost of doing business, both of which affect business location, job retention, and city revenue

• lack detailed information by department and a summary listing a) tax spending for public-private partnerships that provide city services, b) non-city service spending to other governments, or c) grants or other tax subsidies, under-market rents and free services donated to non profits, developers, corporations and property owners with a stated public purpose; and

• are not organized as they are in budget documents of most other cities — where each department’s revenues and expenditures are broken down in a single section — but in four or more sections, with detailed information routinely available in other city budget documents is omitted.

If you don’t agree with the current city service and facilities conditions, city budget priorities, or cost and service comparisons, then you need to be prepared now, not next year, when many decisions will have been made — if they haven’t been made already.

As a community, we can direct the City Council and City Administration to publish more understandable budget information; improve and simplify the budget process; prioritize city spending into what should be fully funded, partially funded, and not funded; and develop or change city policies that could increase future budget deficits.

This week, your homework is to look closely at San Jose’s budget documents, particularly the 2009-2010 Operating Budget.

In coming weeks, I will continue to help by making additional budget recommendations, providing you with information to understand the budget, and notifying you of important budget meetings.

For example, at the City Council meeting on Tuesday, October 27th, there will be a staff presentation, discussion, and public comment on upcoming labor contract negotiations. I encourage all of our readers to attend and add their two cents to the discussion.

Monday, October 12, 2009

One Small Step

A couple weeks back, we posted a column by Mary Klotzbach, Chair of the Mothers Against Drunk Driving Public Policy Committee for California, in which she called for the passage of AB91, a state bill by Assemblyman Mike Feuer of Los Angeles. AB91 would create a five-year pilot program in Alameda, Los Angeles, Sacramento and Tulare counties in which ignition interlock devices would be installed on vehicles owned or operated by first-time convicted drunk drivers. These devices force drivers to take a breathalyzer test before allowing them to start their cars.

AB91 passed both houses of the legislature, but before Sunday night, it was languishing on the Governor's desk as he threatened a political veto of nearly 700 bills before today's deadline to sign them into law. Late last night, the Governor's office announced he had signed at least 230 bills, including AB91. The pilot program will go into effect in January, 2010.

We'd like to thank MADD for their hard work and advocacy on behalf of this important policy that will keep our streets and neighborhoods safe. You can read more about AB91 and the hundreds of bills the Governor signed (and vetoed) in this article from the San Francisco Chronicle.

Happy Columbus Day, and stay safe.

Friday, October 9, 2009

Open Forum Friday

Something on your mind? Let's hear it.

Thursday, October 8, 2009

Beat Cop Responds

Thanks for all the great questions. Keep 'em coming...

Karen:

When should I call 911 vs 311?

Beat Cop:

Karen, you are not alone with this question. I get asked this all the time. The best advice I can give you is: if in doubt ,call 911. In many situations, a citizen might feel there is not an actual emergency, like a fist fight or theft occurring at a shopping center. The Police Department would like you to call 911 in cases of any crime in progress or any level of emergency.

Calling 911 with a preserved, low level of emergency is not going to prevent someone from getting through with a “real emergency”. Calling 911 early and getting the appropriate police or fire response can however, prevent a situation from escalating and becoming the “real emergency”. 311 can be used from home phones only and is available for calls like music complaints, parking violations and police questions.

911 calls using cell phones are slightly more complicated. (311 is not available on cell phones.) Recently, a 911 cell phone switching system has been implemented, routing your cell phone 911 call to the local police agency whose jurisdiction you are calling from. This system is not flawless and often will default to the California Highway Patrol. Getting connected to the CHP while in San Jose can happen when you are near a freeway but not on it or when the system is not sure where you are. If you are connected to the CHP, dispatchers will make the transfer back to San Jose Police.

A sure way to get San Jose Police from the start on a cell phone is by calling 277-8911. This number will connect you the same way as a 911 call made from your home. You may want to store this number in your phone and put it on speed dial.

Proudly serving you,
Your Beat Cop

Wednesday, October 7, 2009

Community Budget Participation

Part one of a multi-part series

By Ed Rast

Did you know that San Jose’s budget process for FY 2010-2011 will begin later this month rather than in January 2010 — as it normally would — because of numerous challenges, including a $90M deficit and proposed city service and staff reductions?

The typical budget process looks something like this:

• In January, the City conducts a telephone survey that randomly calls residents to asks them to rank their budget priorities and rate city services.

• Following a City presentation, neighborhood leaders this year were asked to review the Budget Office's prepared list of reductions and list those they preferred or offer their own cost or staff reductions which the staff would review to achieve a cost reduction target. We expect this step to be repeated in the next budget cycle.

• Community budget presentations are made in each council district and questions answered.

• In late spring, the Mayor and City Manager present their budget messages.

• The City Council conducts study sessions with staff presentations on departmental budgets.

• Councilmembers can recommend additional spending or reductions provided they also recommend changes in other areas to balance the budget. (By law, the City cannot operate without a balanced budget.)

• The City Council votes on the City Administration’s budget recommendations in June.

• The budget goes into effect on July 1st.

Many of this and next year’s strategies for combating San Jose’s chronic budget deficit were originally discussed and proposed in the January 2008 document, City of San Jose: Development of Strategies to Address the City’s General Fund Structural Budget Deficit. This was a report by Management Partners, a national consulting firm specializing in local government with offices in San Jose and Cincinnati. (See Pdf pages 6-8 for cover letter and index. A Budget Process Review and Recommended Budget Principals are described on pdf pages 133-137.)

From the Management Partners report: “The development and adoption of the annual budget is the most important responsibility for the city administration and the most critical policy decision made each year by the Mayor and City Council. In San José the annual budget allocates $3.7 billion in resources to provide services to nearly one million residents. The budget process in San José has continued to evolve and be improved by the City staff, Mayor and City Council.”

As we have previously discussed, the disorganization of current city budget documents makes them very difficult to understand for the City Council, and taxpaying businesses and residents. It also prevents us from comparing our city services, taxes, fees, spending, and performance measurements to community conditions.

Beginning later this month, there will be many important public meetings on city policy and budgeting — mostly at City Hall. Most residents will not be aware of these meetings nor able to attend. Regardless, policy recommendations will be made that affect city service levels, budgets, department performance measurements and proposed staff and service reductions.

It is very important that you, your neighbors, and San Jose taxpaying businesses and residents do some homework in order to knowledgably participate in the community budget process. You can begin by reading and clearly understanding the Management Partners report that I linked to earlier in this article as this will be used as the primary basis for the City Administration’s proposed budget and staff reductions.

As a community, we can help prioritize spending in our City. We can tell our leaders what services should be fully funded, partially funded or not funded at all. We can help to develop or change city policies that affect future budget deficits. If we take the time to understand the complex budget process and communicate our concerns and recommendations to the City Council and City Administration, taxpaying business and residents can join together to make San Jose an even greater city with a high quality of life for everyone.

In upcoming articles, I’ll continue our discussion of community budget participation by referencing data to help you understand the budget and notifying you of important budget meetings.

Tuesday, October 6, 2009

Ask Ed Returns

Regular visitors to Protect San Jose know Ed Rast as a statistical guru, especially when it comes to public safety. In his regular Tuesday column, he's examined San Jose's exorbitant business taxes and fees, mismanaged budgeting priorities of City Administration, and our tendency to build more and more housing without bringing new jobs to the area.

A couple months ago, Ed opened up a dialogue with you, the reader, and he received some intriguing questions. Now, we're happy to open the floor again. This is your chance to Ask Ed.

Leave your questions in the comment space below, and stay safe.

Monday, October 5, 2009

Crime Doesn't Pay, But We Do

By Jim Cogan

The title of this blog is one of the mottos that we have used over the years. It speaks to the simplicity of the program and its power over crime. This was a quiet month for Silicon Valley Crime Stoppers. We have 14 current cases under investigation, but only one closed last month. The one that closed was a great example of how crime doesn’t pay, but we do.

We received a tip drugs were being sold out of a house in San José. Police set up surveillance at the home and witnessed the suspect leaving with an accomplice. The officers followed them and were able to stop them on a traffic violation. After they stopped the car, they observed the suspects tossing bags of what later turned out to be marijuana out of the car. Officers recovered approximately half a pound of marijuana valued at $1,000, drug paraphernalia, and $1,000 in cash. The suspects will face criminal charges and jail time while the tipster will receive a reward. Crime doesn’t pay, but we do.

At Silicon Valley Crime Stoppers, we are proud of our impressive record of success, but we are also proud of the exceptional work performed by the men and women of Santa Clara County’s law enforcement community. Every year, we recognize their service by hosting an awards dinner where every jurisdiction is offered the opportunity to nominate an officer or team of officers who have distinguished themselves in the line of duty. Over the years, we have recognized heroes who day in and day out put themselves in harm’s way to keep us safe. We have honored law enforcement professionals who go the extra mile to get the job done, and it is our privilege to thank them for making us all a little safer.

This year’s awards dinner will be held on November 13th at San José’s Forth Street Summit Center. For more information, please call Councilmember Pete Constant’s office at (408) 535-4901. This is a great event that will show you why we live in one of the safest regions in the Country. Together we will thank the men and women who protect San José and all of Silicon Valley.

Jim Cogan is President of Silicon Valley Crime Stoppers.

Friday, October 2, 2009

For the Record

By Bobby Lopez

There’s a lot of talk going around about next year’s District Attorney race and what role the SJPOA will play in it. I’ve heard and read a lot of different things, so I want to take a second to clear the air about our endorsement process.

As a policy, the POA does not make early endorsements. We have a process we’ve used since I became President, and we plan to follow it for the June 2010 elections. There are times when we make exceptions for friends who have a proven track record of supporting public safety issues, and we reserve that right. But that is not the norm by any means.

We are also part of a Public Safety Coalition with San Jose Fire Fighters Local 230 and the Association of Retired San Jose Police and Firefighters. From now on, our public safety organizations will work together when considering local endorsements. Once all three organizations have finished their own interview processes, we have the option to make a joint endorsement if we all agree on a candidate.

The endorsements of public safety organizations are important to any candidate because of the trust people place in us. Having our name on a mailer or a brochure carries a lot of weight with voters. I have made it a priority as President to ensure that our process is open and fair because I do not want to betray the people’s trust by making a decision without all the facts.

In coming months, we will extend an invitation to all viable candidates for the June 2010 elections to appear before us and request our endorsement. The current District Attorney will be welcome, as will any other candidate. She may win our endorsement, but only after a fair and thorough process.

Have a great weekend, and stay safe out there.

Bobby Lopez is President of the San Jose Police Officers' Association.

Thursday, October 1, 2009

Beat Cop: A Dangerous Playground

We all are mindful of predators that may be lurking near a school or playground. However, the Internet is a place where our children are playing much more frequently, and it is becoming increasingly dangerous. Some studies show that one in seven children between the ages of 10 and 17 will be sexually solicited online. Hate groups use the Internet to recruit young, impressionable kids. Studies show that anywhere from 20-70% of online children have been victims of some form of cyber-bullying. Many recent juvenile acts of violence have been linked to a cultivation of hate and violence online.

Growing problems from cyber-bullying are showing up at our schools. Disputes originating at school are transferred online and are fueled by unsupervised public humiliation in the online world. Results of cyber-bullying can range from depression and poor academic performance to violence on campus and even suicide.

Some of the 64,000 sexual offender registrants in California that are child predators have turned to the Internet as a new playground to prey upon. Most parents of child victims solicited online did not even consider that there was a physical risk to their children being online. We, as beat cops, are seeing more and more cases of child victimization on the Internet. Many cases in which a child had been victimized online only got to that point after a long period of interaction between the predator and the child.

These cases could have been prevented with the use of some simple Internet safety tips, like placing computers centrally in the home and using available monitoring or filtering software. Most computers have built-in parental controls in their operating systems and Internet browsers with varying levels of control. Service providers like AOL also have parental controls.

Start by becoming familiar with these safety tools. Learn how to check your computer’s online browser history. Next, invest in “aftermarket” Internet content filters, blockers, and/or trackers. This simple type of software is available for sale online and at local electronic stores. Examples of some are Netnanny, kidsnet and Spector Pro. These programs can filter or block content on the web. Social networking sites — like MySpace — and chat rooms can be monitored, and total time online or on these sites can be limited. Content trackers like Spector Pro can log all the emails, web pages, chats, and MySpace activity on a computer in an easy-to-use program, giving you a quick overview of your child's Internet activity. Knowing what your child is doing online and who is interacting with them is the key to keeping them safe.

Next, you should become familiar with the dangers our children are exposed to online. The National Center for Missing and Exploited Children (www.missingkids.com) is the world’s leading organization and partner with law enforcement for the elimination of online sexual exploitation of children. NCMEC operates a phone and online system to report any form of child solicitation at 1-800-THELOST or www.cybertipline.com. Tips are forwarded to the appropriate federal, local, or task force law enforcement agency for investigation. NCMEC also offers free online safety training at www.netsmartz.org. Also available are a variety of learning games for children as well as resources, videos, free CD's and presentations for parents educators and law enforcement. There is even the opportunity for a local presentation to be made at your school or organization. If the whole online world is a mystery for you there is a parents’ resource to explain all this mumbo jumbo in plain English at www.netsmartz411.org. Online help as well as free phone advice is available.

Your San Jose Police Department is working hard to keep kids safe online. The San Jose Police Child Exploitation Detail is a member of the National Internet Crimes Against Children Task Force program. The lives our kids lead online deserve the same amount of attention and protection we give them in the rest of their lives. Providing that protection will take some catching up for most parents out there, but the resources and help are available to you. Please take some time to consider what a dangerous playground the Internet can be and report any attempts of online solicitation of a child to the police.

Proudly serving you,
Your Beat Cop