Online Chat - Emporia Police Chief
April 14, 2009
Emporia police chief Gary Smith will answer your questions about Emporia's police department.
Moderator: Our guest in The Gazette newsroom today is Gary Smith, Emporia's chief of police. A lot of questions have been submitted in advance and we'll go throufgh them in the order they were received, so if you have a question, send it in soon. We'll start with a question about loud music from cars. Here's the chief.
Tell: What can be done about the loud banging music coming from cars. This is really a nuisance and seems threatening at times.
Gary Smith: In checking with staff, I'm told that any noise that is able to create a noise disturbance at 50 feet or 15.25 meters from the vehicle when operated continuously and operated in or on a motor vehicle in the public right of way or space that is open to the public is in violation. Citizens can sign a complaint against the operator if they can identify the driver and/or vehicle. Officers do usually take enforcement action when they observe the violations. We have to rely on citizens willing to sign complaints as most of the violators turn down the volume when they see a police car. I would encourage people to get the plate number if possible and location of travel and call our non-emergency number 620-343-4200.
emporiaks09: When sex offenders are registered as noncompliant, what does that mean? Isn't that a felony to not be complying with rules. When they become noncompliant does that mean there is a warrant for their arrest.
Gary Smith: According to information we have received from the county attorney's office, a non-compliant offender could mean that they did not register at all or have omitted the required information or violated the statue in some other manner. Any violation is a felony. An affidavit would be provided to the county attorney alleging the violation(s) and then the county attorney would file a formal charge in district court. If the judge felt there was probable cause he/she would then issue a warrant. Anyone who suspects someone is a registered sex offender and not in compliance, you could contact your local law enforcement agency.
jmb232: What is the status (if any) on the consolidation of law enforcement services in Emporia with Lyon County?
Gary Smith: At this point, the consolidation committee has determined that consolidation is not feasible at this time. The sheriff and I continue to work on efforts to streamline our operations and avoid areas of duplication. We are fortunate to have good working relationships between our two agencies as well as ESU Police, State Patrol, Kansas Bureau of Investigation and surrounding agencies.
Steve_Corbin: Is the new smoking ordinance in effect now or not? Have there been any complaints called in?
Gary Smith: The new smoking regulations went into effect on last Friday. As of today, there have been two calls: April 12th and April 13th. In both cases, voluntary compliance was received and required no enforcement action.
moderator: If the police catch somone smoking in a bar or restaurant will they issue a ticket or will they call the fire department to issue a ticket?
Gary Smith: The goal is to gain voluntary compliance. I have no reason to believe anyone would knowingly break the law or violate a provision of any regulation. Voluntary compliance will first be attempted. If that is successful, officers will utilize their discretion in making a decision as to what type of enforcement action to take, if any.
moderator: Is the amount of drugs in the city and the county on the rise or decline in the community? What are the most prevelant drugs in our community?
Gary Smith: Based on my conversations with our officers, it appears that marijuana, cocaine, crack cocaine and methamphetamine are the main types of drugs found here. Ecstasy, mushrooms and khat are lesser in demand but have been seized in Emporia. There sees to be a stead increase in the abuse of rescription types of drugs. Our investigations say the problem is no worse or no better than in the past. As in all communities, the use of drugs illegally or improperly has an economic impact and effects all of us. Our department has two narcotics investigators who work closely with the Lyon County Sheriff's investigators and state and federal narcotics investigators. The positing of Emporia between the two interstates, US 50 and state highways makes it a good distribution location for drugs. Part of our goal is to make our community unfriendly to the drug business by raising the chances of drug users and dealers getting caught and also raising the chances through K-9 units and aggressive traffic enforcement throughout our community that we keep impaired drivers off the roads. My investigators tell me we could double the number of narcotics investigators and keep them very busy. The challenge is obviously funding and sustained commitment for staffing and investigative dollars.
moderator: How is new drug dog program working out for the city? How much have they confiscated and does the program have any needs?
Gary Smith: We really don't have a drug dog. We have a multipurpose K-9 that has multiple areas of speciality, of which one of them is narcotics detection. Officer Delgado and Arco have been quite successful in managing individuals who refused to exit building who were considered dangerous, who have fled police and tracking missing persons. Arco and Officer Delgado have had success in interdicting drugs in the community. Arco has kept officers from being harmed in close confrontations with violent subjects and has acted on several occasions protecting members of the public. We consider the success of the program, not so much by how many drugs he has found but really how successful the program has been in keeping the public and officers safe and from harm.
moderator: Do you have enough detectives and enough overtime to fight crime in our community?
Gary Smith: That is sort of a Catch 22 situation. The more investigators on staff, the more cost in employee time, which includes overtime. Emporia is not in a bubble and oftentimes those who conduct illegal activities travel a wide area. A good example is the recent arrest of Emporia residents in Junction City stealing construction equipment. That investigation involved multiple agencies and well over 200 miles of tracking by law enforcement. The hours involved in this investigation were substantial. It really boils down to how effective and intensive our funding authority wants us to be. There is a huge difference between being reactive and being proactive. If I had to make a guess, I'd say we are somewhere in-between right now only because there is excellent cooperation between all the law enforcement agencies.
Gary Smith: That is sort of a Catch 22 situation. The more investigators on staff, the more cost in employee time, which includes overtime. Emporia is not in a bubble and oftentimes those who conduct illegal activities travel a wide area. A good example is the recent arrest of Emporia residents in Junction City stealing construction equipment. That investigation involved multiple agencies and well over 200 miles of tracking by law enforcement. The hours involved in this investigation were substantial. It really boils down to how effective and intensive our funding authority wants us to be. There is a huge difference between being reactive and being proactive. If I had to make a guess, I'd say we are somewhere in-between right now only because there is excellent cooperation between all the law enforcement agencies.
Gary Smith: That is sort of a Catch 22 situation. The more investigators on staff, the more cost in employee time, which includes overtime. Emporia is not in a bubble and oftentimes those who conduct illegal activities travel a wide area. A good example is the recent arrest of Emporia residents in Junction City stealing construction equipment. That investigation involved multiple agencies and well over 200 miles of tracking by law enforcement. The hours involved in this investigation were substantial. It really boils down to how effective and intensive our funding authority wants us to be. There is a huge difference between being reactive and being proactive. If I had to make a guess, I'd say we are somewhere in-between right now only because there is excellent cooperation between all the law enforcement agencies.
quarterback: What is the latest on the Mike Williams situation? Who is handeling the investigation? Are you hiring a replacement or will you hire from with in?
Gary Smith: Mr. Williams no longer is employed by the City. A replacement will be sought sometime this year.
chisolmx: I see police officer's everyday who break the law while driving around Emporia. I see them speeding and blatantly disregarding law's that would get the average citizen a ticket. What can a concerned citizen do to bring this to the proper authorities attention?
Gary Smith: If the officers are not responding to a call then I would suggest that you get the car number or plate number and can my office and I'll have one of our supervisors investigate it. If you wish to go on the record and file a complaint, we will act accordingly. I would remind folks that officers often respond to emergencies without lights and sirens and officers are allowed to exceed the speed limits without the lights and siren. They are allowed to emergency park and position their vehicles in otherwise unauthorized locations to deal with a specific call. Most of the time a call to our office and research into the nature of the call can clear up the matter. As I've asked our officers to get more aggressive in traffic enforcement to prevent accidents, we know that invites public scrutiny and overall that is a good thing.
stevo: in regards to the new smoking ban. Why are the Firemen being responsible for the citations? Is this not a Police responsibilty? Firemen in Emporia are not only Firemen, they are required to be EMT's and some are Paramedics also, they save lifes, not control people who choose to break the law. Also, it is my understanding that a Fireman does not even write citations. And don't forget they work 24 hour shifts. Not 8 hour shifts like the Police Officers.
Gary Smith: The fire department is responsible for code enforcement and facility inspection. This answer might better be answered by Fire Chief Taylor. The city policy was designed to be compliance driven in nature. Firefighters have the ability to refer and file complaints which is similar to citations. Certain fire fighters do have police powers and investigate crimes like arson. The new shift is shared resources to save taxpayer dollars. In many cities, fire fighters patrol streets as another set of eyes and ears rather than stay in the station. This makes their response times quicker and provides another community resource. I'm not sure what you mean by 24 hours vs 8 hour shifts. Many police officers work 8, 10, 11 12 hour shifts. The only difference I can think you are alluding to is that the firefighters would not be able to get their rest periods. I would defer this part of the question to Chief Taylor as I'm not certain how he is addressing this issue. As to your statement about saving lives, I think you will find that most public safety officials, whether they are firefighters, EMT,s dispatchers, or police officers would feel their primary mission is to save lives. I don't think any particular branch of any service has a lock on that statement.
rabblerouser: When will the Emporia Police do something about the dragstrip through Heartland Park? It is posted 10 mph, but nothing is done about the cars driving 30 to 40 mph through the park. Dark tinted windows and Booming stereos at all hours of the night are also a big problem in the park.
Gary Smith: Our officers can enforce traffic violations on private property like a trailer park if the manager or owner desires to write a request to the city attorney to do so. Our officers have been out there and have spoken to the management there and I believe that request is in the works
builderboy: With recent changes and events happening with staffing at EPD how will that affect if any, past or old cases??
Gary Smith: I'm not sure what past or recent changes or events you are referring but we have promoted Lt. Ed Owens to Lieutenant and he is not in charge of investigations. The new assignments and compliment of investigators and shifting of case management to the Lieutenant rather than a deputy chief should improve case investigations and turnaround. I'd like to have enough staff for clerical support that would allow us to follow up with everyone who files a compliant but we don't have that resource. I encourage anyone concerned about their case to call Lt. Owens at 343-4227 and he will check it out for you. I'm committed as are our officers to do the best possible job we can do. We prioritize cases on solvability and current information but we do reveiw all cases weekly monthly and quarterly to measure the status.
builderboy: What is the departments policy on an off duty officer or detective being under the influence in a public place, and causing problems? What if this happens more than once to the same officer or detective?
Gary Smith: Nothing prohibits an off duty officer from consuming alcoholic beverages. They are not to take enforcement action if off duty and under the influence of alcohol. If an officer is creating a disturbance, sober or intoxicated and in public, they would be treated the same as anyone else. If there are incidents of reported officer misconduct, our office of professional standards will investigate the incident and the appropriate action will be taken up to and including termination of employment. I'm proud of our officers and I believe they understand the public trust they hold and understand the need to be above suspicion and to set a good example. The don't; however, forfiet their constitutional rights extended to all of us when they become a police officer.
mythoughts: Are there gangs in Emporia? Lots of rumors, not many facts!
Gary Smith: Yes there are gangs and gang activity in Emporia, no worse or better than communities around us. Our officers are trained to deal with them. W e offer community education opportunities and our investigators work with other jurisdictions to keep tabs on identified gang members and their activity. I would encourage you to request a presentation be made to your neighborhood or community group by one of our officers. You can call 343-4200 to arrange a presentation. Officers Shipley and Ross do an outstanding job.
justaflushaway: Hello, I would like for you to explain why Williams was fired from the force. There are many reasons being talked about around the community. I know you will probably not answer the question honestly, but if you could set the record straight, it would help those wanting to know why he is no longer there. We all who live in Emporia who pay taxes should have a right to know why and then where all the funds are going, should not be any reason for silence about Williams.
Gary Smith: Labor laws prohibit the public discussion of personnel matters. Legally, we can't discuss the matter. That is the honest and accurate response. If Mr. Williams chooses to discuss the matter, that is up to him.
mightym: How do you feel about the budgeted amount of money you recieve from the city? Is it adequate?
Gary Smith: I feel the commissioners have been fair in allocating the needed amount of money for the police department. They expect accountability and justification of the needs and that is fine by me. We have made some great strides in updating equipment and returning staffing levels to previous numbers in the past year. I'm confident that the commissioners appreciate the need for quality public safety services and will continue to support our efforts in the future.
mightym: Do you feel like you get fair representation when it concerns the city commission?
Gary Smith: The previoius posting addressed this I think. I've never been denied an opportunity to bring an issue before the city manager or the commission. They have been candid, frank and honest in our dealings. That is a good business working relationship and is as it should be. My job is to assess the needs as I see them and hear from my saff and the community and balance that with the goals and policy of the elected officials. I've worked in several different cities and find this commission an excellent group in which to work
mightym: Was there a background check done on on our city manager before he was hired?
Gary Smith: Mr. Zimmerman was here before I arrived so I don't know what process was used. I would assume that was a public process at the time. You may want to check with the city personnel department or with Mr. Zimmerman himself.
eldiablo: I'm sure you're getting this one a lot. What will the penalties be for both smokers and business owners who choose to neglect the new smoking ban? Thanks.
Gary Smith: Our goal is voluntary compliance and education. If we get in a situation where someone is cited or a complaint is filed, it will be forwaded to the prosecutor at city court and will go through the court process. Ultimately it will be the decision of the judge within the guidelines of the ordinance. Thanks for asking.
madpoet: Have you noticed a change in crime rates and types of crimes since all the recent job layoffs?
Gary Smith: The number of traditional cases have gone down a bit since 2007. Others like fraud, check fraud, white collar crimes have increased. I think part of the reason the county has seen fewer cases in their office is because we are driving more cases to federal court. The recent case of a local business losing several million dollars was sent federal for several reasons, first they have more resources than we do alone, second it doesn't cost the taxpayers of Lyon County anything to prosecute or jail the person because it is in the federal system and third, the sentencing is harsher and people get longer jail time and they are removed from the community. If we checked I suspect you would find our officers are handling more cases but many of them are now in municipal court and in the federal court system. I'm proud of the determination of our officers. Recently, we entered an agreement with ATF and the US attorney to prosecute gun cases at the federal level. Any convicted felon in possession of a firearm, ammunition or related items is automatically qualified to be sent to federal court for a much longer jail sentence. It saves the taxpayers money and gets the folks out of town for a longer time.
Moderator: That's all of the questions we have received for Chief Smith. Our thanks to him for, as always, answering any and all questions. Thanks also to those who submitted questions. The transcript of this chat will remain here on the Web site and will be published in Wednesday's Gazette.