Should City Enforce Its "Safer At Home" Order Using Administrative Enforcement -- Hefty Fines w/ Citation Issued By <u>Non</u>-Sworn City Staff From Various City Departments - Instead Of Consuming Too Thin LBPD Resources To Do So? Policy-Setting City Council Could Agendize, Discuss And Direct This

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Should City Enforce Its "Safer At Home" Order Using Administrative Enforcement -- Hefty Fines w/ Citation Issued By Non-Sworn City Staff From Various City Departments - Instead Of Consuming Too Thin LBPD Resources To Do So? Policy-Setting City Council Could Agendize, Discuss And Direct This

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LBREPORT.com says: Beat COVID-19!
Click for LB "Safer at Home" Order

LB's COVID-19 Curve (cumulated positive test results)

(April 9, 2020.) -- Yesterday (April 8) Long Beach Police Chief Robert Luna mentioned during a "Telephone Town Hall" that LBPD is preparing to begin issuing citations against those who choose to ignore the city's "Safer At Home" Order. Hw didn't sound pleased about doing so, noting it's a misdemeanor that could go on a person's record [not an infraction like a parking citation.]

To the best of LBREPORT.com's knowledge, the City could use administrative enforcement, a civil mechanism, in which non-sworn city staff (already in the field from various departments) could spot and cite scofflaws. This could avoid or reduce tapping LB's already thin sworn officer level to do so. . .

Administrative enforcement also offers other benefits. It doesn't require criminal law "proof beyond a reasonable doubt." It doesn't require a formal court proceeding. The person cited has a right to a hearing by a City-hired hearing officer. If after hearing both sides the hearing officer finds that the person engaged in an action prohibited by the Health Department's Safer at Home order, the hearing officer can apply a fine that the City can enforce through various civil debt collection procedures (unpleasant but effective).

[Scroll down for further.]

In July 2017, LBREPORT.com reported that City could use administrative enforcement to enforce its fireworks laws (noting that a number of other cities already do this.) In July 2018, Councilmembers Jeannine Pearce, Daryl Supernaw and Al Austin agendized and the City Council requested a city staff report on the feasibility of implementing administrative remedies for fireworks enforcement. In March 2019, now-former City Manager Pat West provided the Council with a memo acknowledging that administrative enforcement is legally possible and used in some other cities but recommended against using it in Long Beach (LBREPORT.com coverage here.

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Whatever one thinks of management's reasoning regarding enforcing fireworks laws, COVID-19 is far more than a neighborhood annoyance; It's a matter of life and death. LB scofflaws are risking other people's lives. The reasons for enabling city staff to cite them during the current public health emergency are more compeling.

The City Council sets city policy, not city management. The Council could discuss this at its upcoming April 14 meeting If a Council majority considers it worthy, it could direct Acting City Manager Tom Modica to implement adminsitrative enforcement of the Health Department's Safer At Home Order as quickly as possible.

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Support really independent news in Long Beach. No one in LBREPORT.com's ownership, reporting or editorial decision-making has ties to development interests, advocacy groups or other special interests; or is seeking or receiving benefits of City development-related decisions; or holds a City Hall appointive position; or has contributed sums to political campaigns for Long Beach incumbents or challengers. LBREPORT.com isn't part of an out of town corporate cluster and no one its ownership, editorial or publishing decisionmaking has been part of the governing board of any City government body or other entity on whose policies we report. LBREPORT.com is reader and advertiser supported. You can help keep really independent news in LB similar to the way people support NPR and PBS stations. We're not non-profit so it's not tax deductible but $49.95 (less than an annual dollar a week) helps keep us online.

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