News

To Protect and To Serve?

DPS is not a police agency - not yet, anyway. Currently, their powers of enforcement are limited to the Student Conduct Code. Soon, the department's powers could be greatly expanded to include those now reserved for full-fledged police agencies.

By Aaron K. Breniman

Ask students at the University what authority the Department of Public Safety possesses and chances are the replies will cover everything from a likeness to mall security all the way up to a full-blown police agency. The fact remains that the majority of students on this campus do not know the parameters of the department's authority. So the question arises: where exactly does DPS derive their authority?

Under ORS 131.615, peace officers, commonly referred to as police officers, are the only arm of the law that can legally stop, detain, frisk, search, transport and/or arrest individuals. DPS officers do not possess the same authority vested in peace officers.

"[DPS officers] have no greater authority than an average citizen," said Hilary Berkman Director of the Office of Student Advocacy, an office that regularly deals with students whom have had contact with DPS.

DPS compensates for its lack of authority under Oregon law through enforcement of the University's Student Conduct Code, specifically from section 14 of the offenses heading.

"Students get charged with this on a regular basis - failure to comply," Berkman said addressing section 14 of the Student Conduct Code.

Section 14 of the Student Conduct Code directs students to comply with the orders of University employees, including DPS officers, when the conduct of the individual constitutes a danger. However, the determination of danger is dependent upon the officer's perception and is highly subjective.

DPS is seeking to increase its authority under a provision to ORS 352.385 that permits the Oregon State Board of Higher Education(OSBHE), at the request of any educational institution under its control, to authorize that specific institution to commission one or more of its employees as "special campus security officers."

According to DPS Director Thomas Fitzpatrick and Vice President for Administration Dan Williams said the OSBHE authorized the University to employ "special campus security officers" in 1996. Fitzpatrick has said he hopes to obtain the designation of "special security officers" by Jan. 1, 2001, for as many as ten of his officers. The designation would give DPS officers "probable cause arrest" and "stop and frisk" authority.

"Where we are moving is to simply take advantage of that [provision of the law]," Fitzpatrick said.

The power to commission the DPS officers as "special security officers" is held by the University. Currently, only two schools in the Oregon University System - Portland State University and Western Oregon University - have commissioned officers after being granted the authority by the Board to employ "special campus security officers."

Critics of DPS have made the argument that many of the department's recent changes are an attempt to make the officers appear more police-like in preparation.

"When Fitzpatrick talks about professionalism, every single item that he lists as being professional is police-like," Berkman said.

Fitzpatrick and the claim professionalism, community relations and a positive presence on campus as the basis for the changes. Their recent changes include: full uniforms, new patrol cruisers outfitted with red and blue emergency lights, the use of formal citations and officers riding bicycles with the word "POLICE" stenciled on the bike bag.

The DPS Uniform Regulation and Specifications manual identifies the exact specifications of uniformed officer attire,the clothing plainclothes officers must wear and the department's tactical equipment. Officer uniform requirements have been modified from casual blue pants with white tops to full uniforms. This manual makes numerous references to the color "LAPD Blue" when speaking of the department's required shirts, jackets, pants, hats, etc; coincidental? Officer uniform requirements have been modified from casual blue pants and white tops to full uniforms.

DPS has gone from writing informal incident reports to writing formal citations referring students to Student Judicial Affairs and for dorm residents, University Housing.

"The actual forms that they are using are now police forms," Berkman said. "Because they are gearing up, they're getting completely prepared to be commissioned officers." The red and blue emergency lights the department has installed on many of their patrol cars are a violation of ODOT laws and illegal to use. Oregon law prohibits any vehicles except police vehicle from being equipped with blue emergency lights.

Fitzpatrick acknowledged that the lights had recently been used in responding to a call from a female screaming for help from a blue phone.

"It was a life threatening situation," he said. "And that's what we're going to reserve the lights for."

However, the University is not without a police presence. The University has a contract with the Eugene Police Department to staff EPD officers on campus. The contract provides for one sergeant and six officers to be assigned exclusively to the campus detail. Currently being renegotiated, it costs the University $403,898 a year. This contract provides the University with priority access to armed EPD officers to be called upon in situations that exceed the scope of DPS authority on campus, even though ORS 352.385 specifically prohibits the arming of campus security officers. The OSBHE visited the issue of arming OUS public safety officers in 1987 when the original legislative concept was approved that gave the OSBHE the authority to appoint "special campus security officers," while specifically forbidding the arming of officers. More recently, the 1995 Legislative Session expanded "special campus security officer's" authority to "stop and frisk." Again this provision is under consideration to be amended by the OSBHE.

According to the OSBHE meeting minutes, representatives from the Portland State University Public Safety Department approached the Board and asked for reconsideration of the prohibition against firearms. PSU representatives told the OSBHE they seek enhanced police powers for job safety and campus security reasons arising from the changing nature of their work. These minutes state that the Oregon University System Public Safety Directors endorse the proposal.

Oregon University System Director of Legal Services Benjamin E. Rawlins said that the board's failure to move on the concept displayed their hesitation.

The PSU Public Safety Department has gone so far as to form an advocacy group to promote their cause. Officers At Risk was formed by PSU officers and lobbies the OSBHE and the legislature. If DPS commissions their officers, will it follow that they too will request the power to carry firearms?

"I fear incrementalism. Once you commission officers on this campus to 'stop and frisk' and to make 'probable cause arrests,'" Berkman said. "It's just the next step."

As was the case with PSU, when officers become vested with this increased authority the need to be armed logically follows in the name of job safety. The question then arises, does this campus need a second armed police agency?

Aaron K. Breniman, a senior majoring in Journalism, is News Editor for the Oregon Commentator