Declare an Emergency, now.

I will be proposing an emergency declaration at the Board of Commissioners meeting on Tuesday, Dec 19th. As a template to write the declaration, I used the March 2020 Coos County emergency declaration for COVID. If our leaders thought it was necessary to bypass normal modes of operation and funding to minimize the effects of COVID, then why not apply that same logic to the current jail crisis. Homes are being burglarized every day, criminals are shoplifting from our stores almost every hour, vehicles are being stolen on a regular basis, and our county jail will not detain and hold these criminals even when they re-offend while out on emergency release and refuse to appear in court. Ask yourself, how is a severely under-funded and under-staffed jail not an emergency?

The ability for the general public to keep themselves safe from crime is far more constrained than it was during the COVID crisis. If citizens felt unsafe from COVID, they were fully capable of wearing a mask, getting a vaccine, avoiding crowds, quarantining at home, etc. It was not necessary for the government in that situation to make any legislative changes or emergency declarations in order for the public to manage their personal safety. But we all know how that story unfolded.

Comparatively, if citizens feel unsafe from the current crime wave, they are fully capable of fencing their property, locking up valuables, carrying a weapon, etc. HOWEVER, these measures can sometimes be extremely cost prohibitive, and because the government holds a legal monopoly on the use of force, citizens are legally prohibited from arresting criminals and detaining them for extended periods of time, which is the only direct way of preventing them from harming the public. The only exception is the case of a citizen arrest when witnessing a crime (ORS 133.225), but the citizen can only detain the suspect long enough to deliver them to the jail, and in Coos County the suspect would most likely be booked and released.

It is for these reasons that the jail crisis is an emergency which requires immediate government intervention to protect the peace and safety of the public — if we seek to remain in a civilized society, it is solely the responsibility of the county government to arrest and jail all persons who “break the peace, or attempt to break it, and all persons guilty of public offenses“ (ORS 206.010). Failing to act now will lead us further into a state of lawlessness and I will not stand idly by while criminals take over our neighborhoods. The time has come to fight back.

Passing an Emergency Declaration would authorize the Board of Commissioners to redirect funds that have been appropriated for other purposes (such as the $29 million for Coos Health & Wellness) and enable the Sheriff to hire enough staff to open the jail to full capacity. They will tell you they are not allowed to do this, but here is the state law that allows repurposing funds:

"As necessary to respond to an emergency situation, the governing body of a municipal corporation may: (b) Make appropriations for estimated expenditures out of any source of available funds, including unappropriated fund balances" (ORS 294.481.1.b)

And here is the section in the Coos County Code that allows repurposing of funds:

"Such emergency measures shall include but not be limited to: (8) Redirect funds for emergency use.“ (Coos County Code 10.01.060)

The declaration would open up opportunities for volunteers to assist the Sheriff’s Office through a County Civil Defense Force authorized by state law (ORS 399.035). And most importantly, it authorizes the Sheriff to “enter into any contracts and conduct all procurements necessary to acquire the labor, services, or equipment needed to conduct criminal investigations, open the jail to full capacity, make arrests, and any other appropriate law enforcement function necessary to track or prevent the spread of criminal activity in the most expeditious manner possible“.

Here is the full text of the emergency declaration that I will be presenting to the Board:

BOARD OF COMMISSIONERS
COUNTY OF COOS
STATE OF OREGON

IN THE MATTER OF DECLARING A COUNTY STATE OF EMERGENCY AND DECLARING EMERGENCY MEASURES

WHEREAS, ORS 401.305 provides authority for Coos County to act as an emergency management agency, including authority to establish policies and protocols for defining and directing responsibilities during time of emergency; and

WHEREAS, Coos County has enacted a local ordinance (County Code Article 10) pursuant to the authority granted by ORS Chapter 401, that provides for executive responsibility in times of emergency and provides that the Coos County Board of Commissioners has the authority to declare a state of emergency; and

WHEREAS the following conditions have resulted in the need for a state of emergency:

• Criminal activity is occurring at an alarming rate and the vast majority of the offenders are not being housed in a detention facility, but instead are being released back into the community to re-offend;

• Criminals given a court date in lieu of custody are failing to appear for their hearings and subsequently not detained and held to ensure their appearance in court;

• The county jail is operating at 20% capacity, causing the forced release of inmates, and the rejection of detained individuals who would typically be lodged in the jail;

• The county jail has “emergency released” an average of over 70 inmates per month over the past 6 months;

WHEREAS, the following damage to life and property can be expected from the above conditions;

• Criminal activity is increasing and requires significant resources at the local level for response in order to keep the public informed and as safe as possible. Additionally, significant resources are needed for criminal investigations, arrests, and housing of inmates. Funding for these functions is expected to be exhausted;

• Criminal activity by definition is a threat to the life and property of the hard-working citizens of Coos County, and the current state of lawlessness due to lack of funds and personnel for law enforcement is directly contributing to the increase in crime.

WHEREAS, the entire County is in a state of emergency; and

WHEREAS, County Code Chapter 10 and ORS 401.309 authorize certain actions to be taken during a state of emergency when necessary to public safety or for the efficient conduct of activities to minimize or mitigate the effects of the emergency; and

WHEREAS, a preliminary assessment of property damage or loss, injuries or death is set forth above; and

WHEREAS, all local resources have, or will likely be, expended, and there is need of the following additional resources from other appropriated county funds and from the State:

• Financial and logistical assistance with criminal investigations, arrests, and housing of inmates to prevent further criminal activity and control local outbreaks;

WHEREAS, The Sheriff is the chief executive officer and conservator of the peace of the county, and in accordance with ORS 206.010 it is the Sheriff’s duty to:

• Arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses;

• Defend the county against those who, by riot or otherwise, endanger the public peace or safety.

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

1. The Coos County Board of Commissioners formally declares a state of emergency for Coos County, effective this 19th day of December, 2023 and continuing for sixty (60) days from the date of this Order, unless extended or terminated earlier by the Board of Commissioners.

2. Upon this declaration of emergency, the Board of Commissioners shall be authorized to take and/or direct such actions and issue such orders as are determined to be necessary to protect the public and property and to efficiently conduct activities that minimize or mitigate the effect of the emergency as authorized by the Oregon Revised Statutes, Chapter 10 of the Coos County Code, and the Coos County Emergency Operation Plan.

3. The Board of Commissioners shall be authorized to redirect funds for emergency use, as authorized by the Oregon Revised Statutes and Chapter 10 of the Coos County Code. This includes, but is not limited to, making appropriations for estimated expenditures out of any source of available funds, including appropriated and unappropriated fund balances.

4. The Board of Commissioners shall be authorized to extend government authority to nongovernmental resources (i.e personnel, equipment) which may support regular government forces during this emergency and may enter into agreements with other public and private agencies for use of resources.

5. The Board of Commissioners and Sheriff shall take all necessary steps authorized by law to coordinate response and recovery from this emergency including, but not limited to, coordinating with the State of Oregon and the federal government in order to qualify Coos County for all available state and federal emergency assistance, including but not limited to use of shared resources, assistance from state and federal agencies, and financial assistance and reimbursements.

6. The Board of Commissioners further suspends standard competitive bidding procedures to obtain goods, labor, services, and/or equipment necessary to respond to the emergency.

7. The Board further delegates authority to the Sheriff to enter into any contracts and conduct all procurements necessary to acquire the labor, services, or equipment needed to conduct criminal investigations, open the jail to full capacity, make arrests, and any other appropriate law enforcement function necessary to track or prevent the spread of criminal activity in the most expeditious manner possible, with subsequent written notice to the Board of Commissioners, County Counsel, and the Finance Director. When possible, County Counsel and Finance shall be consulted in accordance with the County Rules.

8. In accordance with ORS 399.035, the Sheriff shall be ordered to form a volunteer Coos County Civil Defense Force for the purpose of providing emergency response and communications, medical assistance, logistical support and other aid authorized by the Sheriff.

9. With regard to county employees, the Board of Commissioners may authorize modifications to relevant personnel leave, payroll processes, workplace requirements/designations, and hiring standards/qualifications as deemed necessary to address impacts associated with law enforcement staffing shortages.

10. If necessary, the Chair of the Board of Commissioners is authorized to assume centralized control of and have authority over all departments, divisions, and offices of Coos County in order to implement the provisions of this Ordinance.

11. This declaration of emergency is effective upon signing.

Dated this 19th day of December 2023,

COOS COUNTY BOARD OF COMMISSIONERS

Robert Main, Chair
Rod Taylor, Vice Chair
John Sweet, Commissioner