HomeMy WebLinkAbout09-26-12 City Administration Committee MeetingJ:\DRedsicker\AGENDAS\City Admin Comm\2012\9-26 CA Agenda.doc 9/26/12
City Administration Meeting
Wednesday, September 26, 2012
6:00 p.m.
City Hall - Council Chambers
AGENDA
1. Chairperson Greeting & Opening Statement
2. Announcements
3. Agenda Review and Amendments
4. Approval of Minutes
5. Statements from the Public
6. Employee Comments
7. City Administration Members Response
8. Workforce Diversity Committee
9. Mayor’s Report
10. 2013 Budget Topics/Updates 30 Min
11. Department of Public Works
11.1 A Resolution to Authorize Funding for a New School Speed Limit
Zone on North Cayuga Street - Resolution 10 Min
11.2 A Resolution to Authorize the Submission of Safe Routes to School
Program Application - Resolution 10 Min
12. Police Department
12.1 Request to amend 2012 Authorized Budget for Grant - Resolution 10 Min
12.2 Authorization for Officers to Undergo Training for Emergency Treatment
of Opioid Overdoses and to Perform Such Treatment - Resolution 10 Min
13. Human Resources
13.1 Director’s Report 5 Min
14. Finance/Controller’s Office
14.1 Request to Approve Civil Service Agreement 2012-2013 5 Min
14.2 Controller’s Report 5 Min
15. Reports
15.1 Sub-Committee Updates 5 Min
15.2 Next Month’s Meeting: October 30, 2012
J:\DRedsicker\AGENDAS\City Admin Comm\2012\9-26 CA Agenda.doc 9/26/12
.1 A Resolution to Authorize Funding for a New School Speed Limit Zone on North
Cayuga Street
11. Department of Public Works
WHEREAS, on September 10, 2012, the Board of Public Works approved a new school speed
limit zone on North Cayuga Street next to the Ithaca High School, and
WHEREAS, the Transportation Engineer has estimated the cost of the new signs required for the
school speed limit zone to be approximately $2,000, and
WHEREAS, funding for these signs was not included in the 2012 budget for the Department of
Public Works; now, therefore be it
RESOLVED, That Common Council does hereby approve the transfer an amount not to exceed
$2,000 from Account A1990 Unrestricted Contingency to Account A3311-5482 Traffic Control
Signs and Blanks for the purpose of funding the new school speed limit signs.
J:\DRedsicker\AGENDAS\City Admin Comm\2012\9-26 CA Agenda.doc 9/26/12
.2 A Resolution to Authorize the Submission of Safe Routes to School Program Application
11. Department of Public Works
WHEREAS, The Safe Routes to School (SRTS) Program was created in 2005 on passage of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU), now in its second round of funding, and
WHEREAS, the New York State Department of Transportation, which is administering the
program in the state, has called for applications to be due on October 5, 2012, and
WHEREAS, staff from the Office of the City Engineer have worked with Ithaca City School
District (ICSD) officials to jointly develop an application for the SRTS program wherein the City
and the ICSD will share the responsible for implementing various aspects of the project; which
includes building traffic calming devices, school zone upgrades, and educational activities, and
WHEREAS, three ICSD schools - Beverly J. Martin Elementary School, Fall Creek Elementary
School, and Boynton Middle School will be participating in this project, and
WHEREAS, Common Council supports this initiative and wishes to submit this application, now
therefore be it
RESOLVED, That Common Council authorizes the Mayor of the City of Ithaca to sign an MOU
with the Ithaca City School District, which has been reviewed by the Attorney’s Office to work
with ISCD on the Safe Routes to School Program, and be it further
RESOLVED, That Common Council authorizes the Mayor to sign and submit a grant
application for the Safe Routes to School program in an amount not to exceed $300,000, and be
it further
RESOLVED, That Common Council also authorizes the submission of this application with the
understanding that, though the City of Ithaca will provide funding in the first instance, 100% of
eligible costs (which will not include in-kind staff administration expenses) will be reimbursed
by federal funds.
September 11, 2012
TO: City Administration Committee
FROM: Kent Johnson, Junior Transportation Engineer
RE: Resolution in support of joint City of Ithaca / Ithaca City School District
Safe Routes to School grant application
The City of Ithaca and the Ithaca City School District (ICSD) have been working
together over the previous months to develop an application to submit to NYSDOT
seeking funding through the federal Safe Routes to School program. Three ICSD schools
(BJM Elementary School, Fall Creek Elementary School, and Boynton Middle School)
will be participating in this effort.
Our application proposes three types of improvements designed to address our
local challenges, and to meet state and federal program goals. The three topics areas are:
creation of a traffic-calmed route network to connect neighborhoods to the schools,
upgrades to school zone signs, and educational activities for students. The estimated total
cost for the infrastructure and programming activities is $275,900; which is 100%
reimbursable (except for in-kind staff administrative costs).
To apply for the funding, both the City and the ICSD need to provide resolutions
of support.
J:\DRedsicker\AGENDAS\City Admin Comm\2012\9-26 CA Agenda.doc 9/26/12
.1 Request to amend 2012 Authorized Budget for Grant
12. Police Department
WHEREAS, the Ithaca Police Department was awarded a grant of $20,000 from the Triad
Foundation, and
WHEREAS, the money is to be used for the purchase of new patrol rifles and for upgrading
existing patrol rifles; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2012 authorized Police Department
budget as follows:
Increase Revenue Account:
A3120-2705-05050 Gifts and Donations $20,000
Increase Appropriation Accounts:
A3120-5225-05050 Other Equipment $ 6,400
A3120-5476-05050 Equipment Maintenance $13,600
$20,000
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12. Police Department
.2 Authorization for Officers to Undergo Training for Emergency Treatment of Opioid
Overdoses and to Perform Such Treatment
WHEREAS, the City of Ithaca wishes to implement harm-reduction practices, and
WHEREAS, opiate addiction is an epidemic throughout the City of Ithaca and the nation, with
heroin and opiate overdoses rising in frequency and many of these overdoses resulting in death,
and
WHEREAS, a medication has been developed to treat opiate overdoses and is being used to save
lives in other communities in the United States and abroad, and
WHEREAS, Narcan, also known as naloxone hydrochloride (or simply naloxone), is an opioid
antagonist that prevents or reverses the effects of opioids within a few minutes of being
administered and can be given as an injection or through a nasal inhaler, and which the State of
New York allows to be carried and administered following completion of a registered training
program in opioid overdose prevention, and
WHEREAS, the Southern Tier AIDS Program (STAP) has a registered opioid overdose
prevention program, which is authorized by the State to offer training in the treatment of opioid
overdoses, and
WHEREAS, officers in the Ithaca Police Department (IPD) are frequently the first to arrive on
the scene of opioid overdoses but currently are unable to offer appropriate lifesaving first aid to
those who have overdosed, and
WHEREAS, the STAP has offered to provide training in opioid overdose treatment as well as
supplies of Narcan to the IPD at no cost to the City; now, therefore, be it
RESOLVED, That Common Council hereby authorizes officers of the Ithaca Police Department
to undergo training provided by the STAP in the administration of opioid antagonists to those
who have overdosed on opiates, and be it further
RESOLVED, Those IPD officers so trained must maintain such training pursuant to the
requirements of the STAP and State regulations outlined in Section 80.138 of Title 10 of the
New York Code of Rules and Regulations, and be it further
RESOLVED, That upon completion of training in the administration of opioid antagonists, IPD
officer shall carry doses of Narcan or other approved opioid antagonists, which they are
authorized to administer in emergency situations
RESOLVED, That the City of Ithaca Common Council directs the Mayor and the Ithaca Police
Department to develop such policies and protocol as they may deem appropriate, in accordance
with New York Public Health Law and Section 80.138 of Title 10 of the New York Code of
Rules and Regulations, for the administration of opioid antagonists by police officers in
emergency situations..
"An Equal Opportunity Employer with a commitment to workforce diversification."
M E M O R A N D U M
To: City Administration Committee
From: Tamara Hoflejzer, Legal Intern
Krin Flaherty, Assistant City Attorney
Date: September 21, 2012
Re: Opioid Overdose Prevention Program
Question presented
What are the legal implications to the City of Ithaca of implementing a program requiring
members of the Ithaca Police Department to carry and administer an opioid antagonist drug to
treat cases of opioid overdose?
Analysis
New York law authorizes individuals, if they fulfill certain conditions, to carry, use, and
administer opioid antagonist drugs to prevent deaths resulting from opioid overdose.1
In relation
to the provision of such drugs, both police officers and the City may be subject to liability;
however the liability risk is limited to cases of negligence for the City. An officer may be subject
to personal liability for reckless or intentional wrongdoing, or acts or omissions not within the
scope of the officer’s employment.
Police Officers’ Potential Liability
New York and Ithaca law limit the circumstances under which police officers may be liable.
Police officers are not liable for damages or injuries resulting from the use or administration of
opioid antagonist drugs if they are negligent. Police officers would not be liable under state law
in administering opioid antagonists unless they are grossly negligent in providing such
1 See N.Y. PUB. HEALTH LAW § 3309.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Patricia M. O’Rourke, Assistant City Attorney
Krin Flaherty, Assistant City Attorney
Jody Andrew, Executive Assistant
"An Equal Opportunity Employer with a commitment to workforce diversification."
2
emergency treatment.2 Negligent acts or omissions by police officers are, regardless, indemnified
by the City pursuant to New York General Municipal Law § 50-j, so long as the act or omission
occurred in the police officers’ performance of his or her duties and within the scope of his or her
employment.3
The City moreover indemnifies police officers for negligent acts—but not for reckless or
intentional wrongdoing—pursuant to City of Ithaca Code § 90-61, which states that the City
shall indemnify its employees’ acts or omissions resulting in damages so long as such acts or
omission occurred while the employee was acting within the scope of his or her public
employment or duties.4
For the City to indemnify police officers under these provisions, the acts or omissions resulting
in damages must be within the scope of their employment.5 In the context of potential liability
arising out of the use of opioid antagonist drugs, courts are likely to find that such acts are within
the scope of police officers’ employment. A public employee’s actions are within the scope of
employment if “the purpose in performing such actions is to further the employee’s interest, or to
carry out duties incumbent upon the employee in furthering the employer’s business.”6 Police
officers’ actions are therefore within the scope of employment unless the conduct is “wholly
personal in nature, the source of which is not job-related.”7 8
The City of Ithaca’s Potential Liability
The City may be subject to liability if the police assume a duty to assist members of the public
requiring aid. Generally, a municipality is not liable for failing to furnish adequate police
protection unless a special duty to individual members of the public exists.9 A special duty exists
when the police assumes a duty to aid members of the public and exercises control over them.10
When the police assumes a duty to aid, the police must discharge such a duty with due care so as
“not to affirmatively increase their harm.”11 In other words, the police must perform that duty in
a non-negligent manner.12
The City may therefore face substantial liability in relation to the use and administration of
opioid antagonists. As discussed above, the City may be liable for officers’ grossly negligent
conduct.13
2 N.Y. PUB. HEALTH LAW §§ 3309(3), 3000-a(1).
3 See N.Y. GEN. MUN. LAW § 50-j(1) (2012). 4 City of Ithaca Code § 90-61(A), (B) (2011). 5 See N.Y. GEN. MUN. LAW § 50-j(1); City of Ithaca Code § 90-61(A). 6 Stavitz v. City of New York, 471 N.Y.S.2d 272, 274 (N.Y. App. Div. 1984); see also Schenectady Police
Benevolent Ass’n, 750 N.Y.S.2d 666, 669 (N.Y. App. Div. 2002) (adopting and applying the standard outlined in
Stavitz).
7 Stavitz, 471 N.W.S.2d at 274.
8 New York courts have held that actions are not within the scope of public employees’ employment if they arise out
of personal motivations. For example, in Schenectady Police, the New York Supreme Court, Appellate Division,
determined that a police officer’s actions were not within the scope of his employment where the off-duty officer
sought to have a bar patron’s identification rechecked due to another patron’s rejection of the officer’s advances.
Schenectady Police, 750 N.Y.S.2d at 668. 9 See Ramundo v. Town of Guilderland, 485 N.Y.S.2d 388, 389 (N.Y. App. Div. 1985). 10 See id. 11 Id. 12 See Florence v. Goldberg, 404 N.Y.S.2d 583, 587 (N.Y. 1978). 13 See City of Ithaca Code § 90-61(A).
"An Equal Opportunity Employer with a commitment to workforce diversification."
3
For this reason, we advise Common Council to recommend that the City continue to develop
relationships and protocols with emergency medical providers to ensure that health care
professionals respond immediately to an overdose, and to recommend that in the event that a
health care professional is not available, that IPD develop a protocol concerning when police
officers must administer Narcan (or other appropriate opioid antagonist) as an emergency life
saving measure.
Conclusion
New York state and Ithaca law greatly limit the circumstances under which police officers may
be personally liable for damages resulting from the use of opioid antagonists. Police officers
may therefore be held personally liable if, in relation to the use and administration of opioid
antagonist drugs, they intentionally or recklessly cause injuries. The City of Ithaca may also be
exposed to liability, as it is required to indemnify police officers for conduct resulting in
damages, unless police officers’ conduct was reckless or intentional.
It is beyond the scope of the City Attorney’s office’s expertise and subject matter to assess
whether the City should adopt the plan herein discussed. As such, the City should consider
separately the need for implementing this plan; the safety of administering opioid antagonist
drugs; and the viability of police officers administering the drug, as opposed to other more
qualified first responders. The City may therefore consider including in the proposed resolution
policy to the effect that (1) first responders who provide medical care are primarily responsible
for the use and administration of opioid antagonist drugs; and (2) police officers are then
responsible for its use when first responders are not available at the scene of emergencies with
sufficient time to adequately prevent a drug overdose.
The City may also consider making the language of the resolution internally consistent so as to
clarify whether police officers are required—as opposed to simply authorized—to undergo
training, to carry the drug, and administer it when necessary. Proposed changes to address these
concerns are attached to this memo for your review.
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14. Finance/Controller’s Office
.1 Request to Approve Civil Service Agreement for the Year 2012-2013
RESOLVED, That the Mayor and City Controller be authorized and directed to execute an
agreement between the City of Ithaca and the Ithaca City School District for performance by the
City for services in connection with Civil Service matters, for the period July 1, 2012, to June 30,
2013, in an amount of $57,911, payable to the City of Ithaca on or before November 1, 2012.
AGREEMENT
THIS AGREEMENT made the day of , 2012, by and between the CITY OF ITHACA, a
municipal corporation of the State of New York, hereinafter referred to as the “City”, party of the
first part, and CITY SCHOOL DISTRICT, CITY OF ITHACA, a municipal corporation of the
State of New York, hereinafter referred to as the “School District”, party of the second part.
WHEREAS, the Board of Education of the School District desires to enter into a contract
with the City for the performance by the City of certain services, to avoid duplication and
unnecessary expense, particularly services in connection with Civil Service matters on behalf of
the School District, pursuant to Section 2503, subparagraph 16, of the New York Education Law,
and
WITNESSETH:
WHEREAS, the total number of classified Civil Service employees on the payrolls of the
City and the City School District for the final payroll period in December 2011 was 899, and
WHEREAS, the actual annual expenditures for the Civil Service Commission of the City
of Ithaca for the 2011 fiscal year of the City was $ 106,689;
NOW, THEREFORE, the parties hereto agree as follows:
1. That for the services rendered and to be rendered by the City for the School
District during the School District fiscal year, which is July 1, 2012, through June
30, 2013, the School District shall pay to the City a lump sum of $ 57,911,
payable on or before November 1, 2012.
2. In consideration of such payment, the City agrees:
(a) to furnish the School District the part-time services of the Civil Service
Commission of the City of Ithaca and the members of its staff, and the
City Clerk and the members of her staff; and
(b) to handle the records and perform any other necessary Civil Service
services relating to Board of Education employees in the classified
service, including examinations and tests when required.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF ITHACA, NEW YORK
By: ________________________
Mayor
ATTEST:
________________________
City Clerk
CITY SCHOOL DISTRICT
CITY OF ITHACA, NEW YORK
By: ________________________
Assistant Superintendent of Business Services
ATTEST:
________________________
School District Clerk