Highlights of the 9/17/2024 meeting of the Legislature
Published on September 18, 2024
Resolution to Arm Designated Probation Officers with Firearms Passes after Amendment, Initiative Will be Considered Again After Certification Process and Policy Analysis
A resolution authorizing the Tompkins County Department of Probation and Community Justice to pursue the certification, training and provision of Department-issued firearms to designated Probation officers passed 9-4 (Legislators Champion (D-Ithaca), Pillar (D-Ithaca), Black (D-Ithaca), Brooks (D-Ithaca) opposed, Legislator Susan Currie (D-Ithaca) excused). The proposal arose, according to the Department’s Director Daniel Cornell, because Tompkins County is a participant in the New York State Gun Involved Violence Elimination (GIVE) initiative. Under the initiative, individuals who receive probation sentences following conviction or a guilty plea related to a gun crime are subject to searches and seizures of weapons by probation officers who supervise them, including visits to their home.
As an alternative to incarceration, individuals may be court-ordered to be under probation supervision. The GIVE initiative, which seeks to reduce gun violence by targeting and prosecuting individuals who illegally possess a weapon or commit a gun-involved violent crime, has led to an increase in clients under probation supervision who may possess illegal weapons. 23 guns are reported to have been seized under the GIVE initiative. There are 17 individuals currently being supervised under the GIVE program as of September 17.
The resolution cites officer safety concerns and argues that unarmed probation officers are “not equipped to provide for their own self-defense if necessary.” Director of the Department, Dan Cornell, spoke to the Legislature about the proposed resolution. Cornell described the process of searches conducted by currently unarmed probation officers, “we do not conduct these searches in the absence of police officers,” meaning that armed law enforcement is on the scene when these searches happen, though probation officers are the officials responsible for entering a building first and conducting the search. Later, Cornell added detail on how searches result from a judge making a decision to remove firearms from probation clients. Firearms carried by probation officers would be concealed while they are completing GIVE detail duty, and then placed in a lockbox when back at the office in the Human Services Building. Cornell commented, “We have a duty and a responsibility to our community to fulfill that public safety role (of searches) and enforce the probation conditions (of clients).” He acknowledged that this is a heavy issue without a “clear-cut yes or no” for every person in the community.
Several community members provided public comment and questioned the lack of data behind the proposal to arm probation officers while asking for more community-based solutions to be considered. Commentors also spoke positively of the department, commending them for many positive interactions with the community and clients.
Rich John (D-Ithaca), who chairs the Legislature’s Public Safety Committee thanked community members for addressing the Legislature. He spoke about the plan being to arm seven officers assigned to the GIVE initiative for searches, rather than all probation officers. John detailed that participants have all been convicted or pled guilty and agreed to not possess weapons. “GIVE has worked, it has really made a difference in the number of incidents...” in the community. “Given the circumstances we are in, I believe the addition of seven officers carrying weapons is not a significant change in the number of guns in our community…” John added, “If fewer guns is the goal, then this is gun control. It’s not the way I would do it if I was in charge of setting gun policy in our country, but it is the tool that we have that has really worked to make our community safer.”
John addressed community concerns around how people of color might be disproportionately impacted, stating “our probation department is different from departments across New York State, the department has taken a very careful approach to being community minded, to doing their work in a very measured way, and working and working with the people they’re supervising the best they possibly can.” John said he takes the concerns of people of color seriously, adding that according to his research, people of color are disproportionately victims of crime as well, adding “for incidents regarding law enforcement and people of color, there’s substantially more incidents of violence committed against people of color by non-police officers.”
Monalita Smiley, Project Director of the Community Justice Center (CJC), spoke about what she has gleaned from community conversations on the topic over the last several weeks, including that community members felt this was “more driven by fear” from the probation department than data signifying the need. Smiley relayed questions around why alternatives were not considered or brought forward, as well as concerns around trust being broken with community members who have been processing traumatic experiences in sessions with the CJC and law enforcement. Tompkins County Chief Equity and Diversity Officer Charlene Holmes spoke about her work with the department to consider the data that should be presented around the need for this program and that she respected community members’ concerns about not being heard and brought into the conversation earlier on.
Legislator Travis Brooks (D-Ithaca) reiterated that several community leaders who spoke to the Legislature gave positive feedback about the department. Brooks said that there is a need to preserve that relationship while addressing the safety of officers. Brooks stated that the resolution is moving too fast to be considered fully and that it is “a policy issue” that probation officers are conducting searches rather than law enforcement officers. “I think we should table this for 60-90 days and look at the policy that puts probation in this position,” stated Brooks. Brooks’ opinion was echoed by Legislator Shawna Black (D-Ithaca), she cited notes sent to Legislators from recent community conversations held by the Community Justice Center.
Rather than postpone the resolution, Legislator Rich John proposed that the department return to the Legislature for final approval before arming officers and that the department, Legislature, and community participate in discussion of policies to protect probation officers by alternate methods. The final resolution included John’s proposed additions (amendment approved unanimously, 13-0, Legislator Susan Currie (D-Ithaca) excused). It is expected that the New York State process to certify the department to arm its officers will take 10-14 months.
Regarding community engagement during policy development, Department Director Dan Cornell stated that while he’s willing to take input from the community, model policies should come from law enforcement experts, not from concerned community members.
Positions Created and Budget Adjustments Made to Operate Code Blue Emergency Shelter, County Administrator Reiterates Program Details
Tompkins County adjusted its 2024 budget to fund staffing and program costs related to operating a Code Blue emergency shelter during the 2024/2025 winter season. $683,937 was budgeted to be reimbursed by New York State and the titles of shelter worker and senior shelter worker were created. Both resolutions passed unanimously (13-0, Legislator Susan Currie excused) after being member-filed and brought to the floor during the meeting because of the urgency of the situation. The positions will be seasonal workers working at both the Code Blue shelter and the “warming center” to be hosted by the Salvation Army.
Legislators addressed community-raised questions about whether other options like hotel rooms were available instead of a congregate shelter. Legislator Mike Sigler (R-Lansing) said, “We would like to house people in hotels like we have in the past… if that was an option that would be great, but that isn’t an option. This is a triage situation, we are 6 weeks from being under 32 degrees.” Sigler added, “… we need a situation where we’re not leaving people outside to freeze to death and that’s the bottom line. It’s not a matter of ‘if we could put people in apartments that don’t exist or if we could only put them in a hotel that doesn’t exist,’ it’s we need to work with what we have at hand so that we literally don’t have people outside when it’s under 32 degrees… We’re trying to get people into shelter where they’re going to survive.”
Legislator Shawna Black (D-Ithaca) agreed with Sigler, adding “over the past year and a half we have continued to have these really hard conversations and figure out what we’re going to do and where we’re going to go. We have reached out to hotels, you know unfortunately this population is very hard to house and there are reasons that we’re no longer able to house people at a hotel.” Black said that the County is doing the best it can right now with the resources available, she asked the community to consider applying for or sharing the job openings for shelter workers.
Tompkins County Administrator Lisa Holmes underscored the need to repurpose the former Key Bank Building at 300 North Tioga Street to house the Code Blue emergency shelter this winter, stating that it’s the result of no viable proposals being submitted by a third party to manage the program and no other available spaces that meet the program’s needs. Holmes thanked the Legislature for their support and the departments who have stepped up to make operational plans and offer support. Holmes stated that “We anticipate that the facility will be online and available by the beginning of Code Blue season. We expect to house 60-80 individuals overnight during the Code Blue season at this location. Social Services will be the point of access for emergency shelter services. The Code Blue shelter will operate between 7pm-7am and staffed by County employees.” Holmes added that the County is preparing communications to the neighboring property owners and businesses and is in communication with partners at the City of Ithaca.
Holmes said, “We’re asking employees, neighbors, and the wider community to remember that as we do our best to stand up these operations the people who will be seeking Code Blue services are deserving of respect and dignity.”
Among Other Business
A proclamation was read celebrating Hispanic Heritage Month in Tompkins County. The proclamation was accepted by President of the Latino Civic Association of Tompkins County (LCATC), Yen Ospina. It celebrates the history and culture of Hispanic people in America and Tompkins County. Several events are being held by LCATC to celebrate the month and bring community together (see more at: https://www.lcatompkins.org/).
Legislators approved a resolution 9-4 (Legislators Brown (R-Newfield), John (D-Ithaca), Shurtleff (R-Groton), and Sigler (R-Lansing) opposed) increasing salaries for the next slate of Legislators elected for 2026 to $26,000 annually in 2026, $27,000 in 2027, and $28,000 in 2028.
A local law was adopted allowing youth deer hunting. This allows Tompkins County to participate in a pilot program to expand youth hunting to 12- and 13-year-old licensed hunters. The law was adopted by a vote of 11-2 (Legislators Koreman (D-Ulysses) and Champion (D-Ithaca) opposed).