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Health & Fitness

The Bulb: Police Chief's Declaration in Text - & More Links

What really goes on out at the Bulb?  Over the past year, Albany has been offered an astonishing range of conflicting perspectives.  Some describe it as a sort of communal paradise suffused with nature, art and community; others as an open-air drug house, where the death by suicide of a young mother this spring was a sad but easily foreseeable event.  What is the reality? 

Last week, litigation over the Bulb produced a sworn declaration of Albany's Chief of Police.  This has provided the public with some solid information about police calls to the area over the past year.  

I urge everyone interested in Albany public affairs to read Chief McQuiston's declaration, if they have not done so already.   We should scrutinize police statements just as we would any others - but it is hard to escape the conclusion that Albany faces a serious and disturbing public health and safety problem. 

This blog offered a link for downloading this declaration last week, but some people have asked me to e-mail it to them because they are not comfortable downloading to their computers from an unfamiliar website.  In case there are others who feel the same, I have converted it to plain text for posting here.   [My apologies in advance for any garbled portions I might have missed in trying to clean up the work of the conversion software.]  

Also, for those who are interested, the City of Albany has posted the filings of the plaintiff-campers in the litigation here:   http://www.albanyca.org/index.aspx?page=1297  (bottom of the page).  The city has not (yet?) posted its own responsive filings, nor has it (yet?) posted the filings in the separate case on the housing element. 

One interesting factoid:  there are eleven lawyers listed as representing the campers on these briefs.  That doesn't count the four others listed on the affordable housing case.  But wait, there's more . . . some of the lawyers who spoke up at City Council meetings for continuing the encampments at City Council are not even listed on these briefs. 

If only all the energy and resources invested by both sides could have been invested, instead, in assisting the campers when their need to transition off the Bulb became evident at the beginning of this year . . if only. 

Well, for those who have not seen it, here is the declaration:            

DECLARATION OF MIKE McQUISTON

 

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I, Mike McQuiston, declare:

 

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1.     I have been employed by the City of Albany (the "City") as a policeofficer since December 1988. My current position is Chief of Police. I have serve as Chief of Police for the City since July 1, 2006. I have personal knowledge of the information provided below and I would testify with regard to the information if called as a witness.

     2.  From July 1, 2006 to the present, I have been the City staff person primarily responsible for enforcement of Albany Municipal Code §8-4 regulating the use of City parks, recreation, open space, waterfront and Albany Hill areas within the City of Albany (Exhibit 1). Contained within the provisions of Albany MunicipalCode §8-4 are prohibitions on alcoholic beverages, fires, fireworks, overnight camping, littering, storage of personal property and construction of buildings in these recreational areas.  My role with respect to enforcement of the ordinance, specifically the prohibition of overnight camping and the night-time curfew, is to maintain oversight and management of police operations. With regard to enforcement, it is my intent to implement police department policies and procedures that fulfill City goals and objectives in a compassionate, ethical and effective manner.

 

      3.    Current conditions at the Albany Bulb/Waterfront Park are unsafe and unhealthy for both those who make camp there and those who utilize the park for recreation.  Community concerns about conditions and safety on the Bulb have been expressed directly to the police department and publicly to the members of City Council. The public space there has become increasingly off limits and unavailable to the public as well as members of City staff charged with responsibility for maintaining and protecting the property and its visitors. The inaccessibility is caused by the unpredictable and sometimes openly hostile behavior of persons camped there. The Albany Police have investigated or received reports of violent crimes occurring in and among the camps at the Bulb as well as the more publicly accessible areas. There have been several disturbing cases reported to police within the last twelve months.

 

      4.     A female park visitor walking her dog on the Bulb, whose dog was attacked by two dogs from a homeless camp, was told to "get the fuck out of here."  While departing the area she was chased by a female suspect holding what she believed was a knife, who shouted "I have a knife and will stab you and your dog."  When police responded and detained the suspect, she was found to be in possession of a 7" screwdriver. The suspect was placed under private person's arrest for assault with a deadly weapon (APD# 12-2027).

5.    We've investigated a report of a violent sexual assault involving forced oral copulation, sodomy and theft after the male suspect and female victim smoked methamphetamine together (APD #13-0462).

 6. A homeless African-American couple was effectively run off the Bulb following a disturbance involving racial/hate crime connotations after they attempted to set up camp on the Bulb. After staying one night they told officers they did not feel safe after being racially harassed and threatened by multiple persons, one of whom held a brick in hand while a dog attacked and bit the victim on his arm (APD #13-1349).

 7.  Albany police responded to a reported stabbing wherein the suspect (aBulb camper) had pulled a knife on another and sliced him in the face, causing a severe laceration to upper and lower lips (APD# 13-0513).

 8.  I have also received a confidential report of a camper who lives in anisolated area where he can "beat his girlfriend in peace." This victim was reported to me to have two black eyes which were being disguised behind makeup. (APD # 130812041).

9.   In another case a different female victim was beaten, resulting in two black eyes and cuts under her eye and on her forehead by another male camper (APD# 13-1777).

 10.   Unsafe conditions in the park are exacerbated by ominous "beware of dog" signs and aggressive, uncontrolled dogs that limit the freedom of movement of park users and City staff on the paths and trails of the Bulb.

 11.    One recent report made to police by a park user documents his experience of having his dog chased by four of the campers' dogs and the indifference displayed when he confronted the person responsible for the attacking dogs: "They come back and they think they own the place. They don't. I can't go here with my kids. I can't go over there. That's forbidden. It's infuriating." (APD# 12 13-1771).

 12.    Earlier this year the City received a claim for lost wages and medical expenses from the mother of a dog attack victim who had been bitten while walking on the Bulb, transported to the hospital via ambulance, and had undergone a series of rabies vaccinations (APD# 121230032). 1::;

 13.  On October 28,2013, two Albany police officers on foot at the Bulb were confronted by two apparently vicious dogs. Both dogs moved to attack the officers, with one dog managing to get a bite on one of the officer's arms. Both officers discharged their sidearms, critically injuring one of the attacking dogs, an unneutered male mixed breed (apparently pit bull/akita/mastiff) weighing approximately 60 lbs.   The purported owner of the dog was not present.  Police attempted to contact him and speak to him about the incident, however he is currently a wanted parolee with a “no bail” warrant issue by the California Department Corrections for a of a parole violation (APR #13-1884)

 14. There is evidence to suggest that many of the persons camped at or frequenting the Albany Bulb are habitual users of controlled substances, specifically marijuana and methamphetamine.  Albany Police Department records indicate numerous narcotics related contacts and arrests of various persons associated with the Bulb camps for possession of marijuana, methamphetamine, and illicit drug paraphernalia (i.e. glass smoking pipes, hypodermic needles or syringes).

 15. I have visited the Bulb on many occasions at various times of day inand out of police uniform and have made personal observations of conditions there.  Within the last two months, I have personally observed used hypodermic syringes laying about the ground on the Bulb and surrounding land (i.e., the area commonly known as "the neck") with needles exposed. I have seen heaps of garbage and detritus strewn about the park, often in large quantities and in one location spilling into the San Francisco Bay waters and protected wildlife wetland habitat. I have observed a large plastic bucket nearly filled with human feces left sitting in an open park area, and upon return to photograph it a few days later, discovered that the contents had been dumped on the ground and the bucket removed. I have been prevented from freely moving about the Bulb by intimidating dogs and signs warning of the presence of dogs.

 16.  In my official capacity as Chief of Police, I believe that the encampmenton the Albany Bulb represents a significant threat to public health and safety, and has resulted in the loss of public access to City owned property which is maintained as regional public parkland. This is by no means the full extent of the public health and safety record concerning the encampments on the Albany Bulb but instead offers a sampling of the dangerous conditions.

17. The plaintiff’s Motion for Temporary Restraining Order contains significant mischaracterizations of Albany Police policy and past enforcement efforts. The Albany Police Department does not now, nor to my knowledge has it ever, adopted or employed a policy or practice of directing homeless individuals to the Albany Bulb. Albany police officers have practiced constitutional based policing for over two decades, specifically with regard to the protections of the Fourteenth Amendment to the U.S. Constitution.

 18.  The most recent erroneous assertion of such a practice is contained within the personal declaration of Tamara Robinson. Robinson asserts she was told to "go back to the landfill" when she was contacted by police while sleeping on a public sidewalk. Albany Police employ a practice of documenting public "Welfare Checks" such as the one described by Robinson, and have recorded in excess of 20 contacts of various nature with Robinson in the past thirty months. But no such record exists of the contact she alleges. If it were the officers' intent to make Robinson "go back to the landfill" or face receiving "a ticket for obstructing the sidewalk" these "three Albany police officers" would not have simply turned and left Ms. Robinson. Department records would indicate that no person has received such a citation.

 19. Amber Whitson, who has been perhaps the most vocal and visible advocate for persons currently camped on the Bulb has placed before the court a declaration that Albany police "directed homeless people out to the Bulb to live".  However in an internet "blog" posting she very clearly asserts and provides anecdotal evidence that this is the practice of the City of Berkeley Police Department officers. “

 20. That this practice of directing homeless to the Albany Bulb was in fact a practice of law enforcement outside Albany is further supported by the declarations of plaintiffs Cabrera and Bowen.   Moreover the circumstances described in the declarations of Evans, Whitson, Moore, Wilson, Choae, Barnett, and Lewis support my assertion that this is not the policy of practice of the Albany Police Department.

 21.  Other mischaracterizations of police enforcement are contained in the declarations of Cabrera and Mattonen, specifically the assertion that on the night of October 14, 2013 officers told Cabrera and Mattonen they would be arrested.  There were no threats to arrest.  A scripted admonition was employed to inform persons found violating curfew on that date (both campers and others discovered in the park) that future violations "may" result in citation and that repeat violations "may" result in arrest.

 22. During 1999, the City undertook a nearly year-long process to address a multitude of issues on the Albany Vaterfront; among these were a burgeoning homeless population and a disconcerting increase in violent crime there. Following adoption of Albany Municipal Code §8-4 regulating the waterfront the City employed a multi-agency, multi-disciplinary phased approach to compassionately remove homeless from the former landfill by offering a multitude of services and transitional housing.

23. I was a police supervisor who was heavily involved in the police planning and ordinance enforcement operations in 1999. I have personal knowledge of the attentive, considerate and compassionate techniques employed by Albany Police officers at that time. Citations were preceded by verbal warnings; in the few instances where custodial arrests occurred, they only took place following multiple incidents of citations issued in the field. Any other characterization of our conduct is incorrect. It is my intention to employ a similar philosophy as we move forward with enforcement in the present day.

 24. Concerning the currently planned Code enforcement on the Albany Bulb.  The Albany Police do not plan to issue citations or make arrests for camping or curfew violations on the Bulb when alternative shelter or housing is not available to persons being cited.  It is my intent to enforce in phases as persons living there are transitioned to other shelter or housing options.  As such, if Bulb campers or other homeless person fill the beds available ain the nearby shelter or other nearby shelter or housing options, police would not enforce the no camping or curfew laws.  Simply put, the no camping and curfew laws would not be enforced and no citations would be issued, nor would arrests take place for these violations under such circumstances.  For this reason, our enforcement will likely be phased, in a quadrant approach, opening up portions of the park currently inaccessible to the park users due to the activity of campers, as they are assisted with finding alternative shelter or housing.  Concurrently, new encampments and construction on the Bulb will not be permitted.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

 




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