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MULTNOMAH COUNTY, OREGON EXECUTIVE RULE NO. DTI Delegation of Exclusion Authority A. Under Section 6.10 of the Multnomah County

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MULTNOMAH COUNTY, OREGON EXECUTIVE RULE NO. DTI Delegation of Exclusion Authority A. Under Section 6.10 of the Multnomah County MULTNOMAH COUNTY, OREGON EXECUTIVE RULE NO. DTI Delegation of Exclusion Authority a. Under section 6.10 of the Multnomah County Home Rule Charter, the Chair as Chief Executive Office of the County must execute the policies of the Board. b. By Resolution No. 94-25, the Board has designated the Sheriff, and his/her designees, as the persons in charge of County premises for purposes of excluding members of the public from County premises. c. The Sheriff has designated the Chair to act as the person in charge of certain County Premises for the purposes of excluding members of the Public from County premises for violation of posted behavior rules. d. The Chair and Sheriff have compiled a list of County premises and the person in charge of each facility for exclusion purposes. e. The Chair may delegate administrative powers but retains full responsibility for the acts of subordinates (Charter section 6.10(7)). The following Executive Rule is adopted: 1. For each of the facilities where the Chair is designated as the person in charge, the Chair designates the Department Director for the department having the major presence in that facility as the person in charge, as shown on the attached list. 2. Department Directors must post Behavior Rules in each facility and may execute a Notice of Exclusion and adopt exclusion procedures that substantially conform to the attached forms. Behavior Rules may be amended or added to by Department Directors as they see fit to conform to the nature of the facility being regulated and/or the services offered by the adopting agency. 3. This Executive rule shall remain in effect until rescinded or modified. Dated this ( I day of 2016. Deborah Kafoury, Multnomah Coufity Chair REVIEWED: Jenny M. Madkour, County Attorney for Multn mah County, Oregon By: Jenny adkour, County Attorney EXECUTIVE RULE NO. Notice of Exclusion Procedures 1. Enter today's date, time and location (agency). 2. Enter the excluded customer's full name, address, physical description (including approximate height and weight and hair and eye color), sex, race, birth date and phone number. 3. Enter the date and approximate time that the violation of the rule(s) occurred. 4. Select the specific rule number(s) violated from the posted rules or reference. 5. Select the period of time of exclusion. For direction, refer to the Behavior Rules. 6. Ask the excluded customer to sign and date where indicated. Print the name of the person who is hand delivering the Notice of Exclusion to the excluded customer on the line indicated. Issue the pink copy of the Notice of Exclusion to the customer, and keep the yellow and hard copies. 7. Provide the excluded customer with a copy of the behavioral rules, along with the pink copy of the Notice of Exclusion. If the excluded customer refuses to sign or receive his or her copies of the Notice of Exclusion and rules, indicate this by checking the box below the signature line. 8. If possible, use a camera to take two pictures (front and side view) of the excluded customer. 9. Send the hard copy of this form to the (agency) operations administrator. Procedures for Operations Administrator 1. Gather details of the incident from all parties involved (PIC, FSO, staff, customers, police, etc.) and compose an incident report. 2. Notify all agency staff via e-mail and/or fax. 3. Send copies of incident report(s) to the (agency) operations administrator. 4. If a police officer responded and arrested the excluded customer, contact the District Attorney's Office for instructions for filing a criminal complaint. 5. Post information on the Excluded Customers site on the (agency's) MINT. F-MISC-21 7.05 EXECUTIVE RULE NO. Behavior Rules Any person who violates rules 1-5 while in or on the premises of a Multnomah County facility will be immediately ejected and excluded from all such premises without first being given a warning Any person excluded may lose access for a period of up to 5 years (with the exception of access for approved judicial or jail business), and the incident will be reported to the appropriate law enforcement agency. 1. Committing or attempting to commit any activity that would constitute a violation of any federal, state or local criminal statute or ordinance. 2. Directing a specific threat of physical harm against an individual or group of individuals on the property. Violation of this rule will result in a minimum exclusion of one year. 3. Engaging in sexual conduct, as defined under ORS 167.060, including, but not limited to, the physical manipulation or touching of a person's sex organs through a person's clothing in an act of apparent sexual stimulation or gratification. 4. Being under the influence of any controlled substance or intoxicating liquor. Controlled substance is defined in ORS 475.005. 5. Possessing, selling, distributing or consuming any controlled substance or intoxicating liquor. Any person who violates rules 6-16 while in or on the premises of a Multnomah County facility, shall be given up to one warning at the discretion of facility personnel or building security staff; then the person will be asked to leave the premises for the day. Subsequent offenses by that person will result in immediate ejection from such Multnomah County facilities. Any persons so excluded may lose access for a period of up to one year. 6. Engaging in behavior that disrupts or interferes with the normal operation of the facility, including but limited to conduct that involves the use of abusive or threatening language or gestures, conduct that creates unreasonable noise, or conduct that consists of loud or boisterous physical behavior or talking. 7. Using facility materials, equipment, furniture, or fixtures in a manner inconsistent with the customary use thereof; or in a destructive, abusive or potentially damaging manner; or in a manner likely to cause personal injury to the actor or others. 8. Disobeying the reasonable request of facility personnel or building security staff. 9. Soliciting, petitioning, or distributing written materials, or canvassing for political, charitable, or religious purposes inside a Multnomah county facility, including the doorway or vestibule of any such facilities, or in a manner that unreasonably interferes with or impedes access to the facility. 10. Interfering with the free passage of facility personnel, or patrons, in or on the building premises, including but not limited to, placing objects such as bicycles, skateboards, backpacks, or other items in a manner that interferes with free passage. 11. Placing personal belongings on or against buildings, furniture, equipment or fixtures in a manner that interferes with personnel, or patron usage of the facility, or leaving personal belongings unattended. 12. Bringing bicycles or other similar devices into Multnomah County facilities, including but not limited to, vestibules or covered doorways/porches if no bicycle rack is provided within that area. 13. Operating roller skates, skateboards or other similar devices in or on the building premises. 14. Smoking or other use of tobacco in or on facility premises outside of specifically designated smoking areas. EXECUTIVE RULE NO. 15. Consuming food or drink that creates a nuisance because of odor, garbage or spills. Non- alcoholic beverages in closed containers and small amounts of snack foods are allowed. 16. Bringing animals into a Multnomah County facility (with the exception of service animals), or leaving animals tethered and unattended on the facility premises in violation of Multnomah County code 13.305. Any person who violates rules 17-20 while in or on county premises will be given up to two warnings at the discretion of facility staff; then the person will be asked to leave the premises for the day. Subsequent offenses by that person may result in that person's immediate ejection. Exclusion from all such premises for violations of rules 17-20 may extend for a period of up to six months. 17. Sleeping in or on facility premises. 18. Improperly using restrooms, including, but not limited to, bathing, shaving, washing hair, and changing clothes. 19. Using personal electronic equipment at a volume that disturbs others, including, but not limited to, pagers, stereos, televisions and cellular telephones. 20. Leaving children under the age of 10, who reasonably appear to be unsupervised or unattended, anywhere in or on facility premises. Any person who violates rules 21 or 22 while in or on the premises of a Multnomah County facility shall be excluded from the premises until the issue is corrected. 21. Entering a Multnomah County facility with bare feet or bare chest. 22. Disturbing others because of offensive body odor. Duration of Exclusions: The duration of any exclusion issued under these rules shall be determined in accordance with applicable law, and with due regard for the limitations imposed by the State and Federal constitutions, taking into account the nature and purpose of the facility where the violation occurred and the severity of the conduct at issue. Repeat Offenses Persons who repeatedly violate these Behavior Rules after having been previously excluded for Multnomah County court or corrections facility rule violations may face longer exclusion than listed in these guidelines as allowed by law. Repeat offenders need not violate the same rule to be subject to stricter enforcement and may not be warned that their behavior is inappropriate before being excluded. EXECUTIVE RULE NO. NOTICE OF EXCLUSION FROM MULTNOMAH COUNTY la am, Date: / / Time: p.m, Location: Name: Last First Middle Address: Physical description: Sex: 1:10 Fm Race: Birth date. / / Phone' (10-digit number) ci a.m. On / _ / at ❑ p nt, you violated the following rule(s) of behavior Rule no.: Explanation/Notes: PIC: FSO/Witness: Starting the date of this notice, you are hereby formally excluded from all the premises listed on the back of this form: U for a period of C:1 until problem is corrected.
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