Turner in Opposition to Drug House Ordinance

Councilwoman Laureen Turner expressed more than concern about Mayor Marchand's intent to introduce the Abatement of Property Used For Unlawful Activities Ordinance. She believes it to be a good idea but poorly executed.

The ordinance, due to be introduced to the Livermore City Council on Monday, October 14, provides the City Attorney's office with the power Mayor Marchand believes it needs to abate properties which peddle illegal drugs, such as Methamphetamine, Heroine, or other illegal substances.

In an interview with Acting City Attorney Jason Alcala, he described a four part process that would lead to action by the City Attorney's office. That process, according to Alcala, would result in the City Attorney working with Property Owners to abate a property that has proven to be a nuisance to the local neighbourhood. The process, as Alcala described it, starts with an arrest, followed by a determination by the city that a nuisance exists, then a referral to the City Attorney to work with the Property Owner and, if the previous step is unsuccessful, action against the Property owner. That story was covered by this reporter.

But Councilwoman Turner has very serious reservations about the ordinance as written.

“I see steps and processes in the staff report but not in the ordinance. The staff report is clear. The ordinance is not.” Turner went on to imply that the staff report, if it were reflected in the law, is far better.

“The way the ordinance reads, this process could start after a single arrest,” Turner said. “That's clearly not the intent according to the staff report.”

But why is that a problem?

“Ten to fifteen years from now this council will no longer be here, and they won't have the benefit of the staff report. The law needs to stand on its own.”

The ordinance, according to Turner, bases action on arrests and not convictions. For Turner, this is a big problem when the idea of due process is taken into account. She noted that those that support the bill are worried about plea bargaining defeating any power to abate a drug house.

“Even if they plea it down to a misdemeanour, it's still a conviction,” said Turner, believing this should not be a problem to include in the ordinance, basing it on two or more convictions rather than arrests.

But Turner's concerns don't end there.

“The ordinance also needs a clear definition of abatement,” she said, saying that the ordinance lacks clarity on that issue. “What does abatement mean? It's simply not clear enough on what actions can be taken by the City Attorney.”

In Turner's opinion, the staff report is not reflected in the law. According to Turner, the staff report is clear on intent and process, but the law does not reflect this.

“How are we going to aide landlords?” Turner asks. “It was intended to be helping. But upon reading the text of the ordinance, it seems more punitive.” What Turner wants is clear responsibilities defined for the City Attorney toward landlords in such an action as prescribed by the ordinance.

One of the larger issues Turner has with the ordinance is that it is based exclusively on how illegal drug activity affects the surrounding neighbourhood.

Specifically, Turner would like to do away with the portion under Purpose and Findings (8.13.10) which allows the city attorney to take action “for unlawful drug activities that negatively affect the surrounding neighbourhood.”

“Why have that at all?” Turner objected. She acknowledges that it may be required under state law, but believes that this portion should be removed, reasoning that a Drug House is a Drug House whether or not it affects the neighbours.

Councilwoman Turner did acknowledge that she opposed initiating the ordinance from its inception.

“At the end of the day,” Turner added. “If it won't be used very often, why do we need it?”

Laureen Turner's presence speaks to her professional beside manner. She now teaches nursing at the University of San Francisco having brought her years of experience in the field to a new generation of nurses. One cannot help but be immediately comfortable with her. With two years on the Livermore City Council her current term expires in 2016. Turner looks forward to serving on the council for as long as Livermore will have her. She speaks highly of her colleagues the Mayor and the other council members.

“The Mayor and I don't always agree,” smiled Turner. “But we're both passionate about improving our town. I'm just a little more cautious.”

The Abatement of Property Used for Unlawful Drug Activities Ordinance Summary and Law can be read here on Page 97.