COMMENTS THOMAS W. KELTY, Chief Counsel, Illinois Municipal League

Let's All Pitch In - - -And Pitch Drugs Out

On September 5,1989, President George Bush addressed the nation from the Oval Office concerning the national problem of drug abuse. In his introductory remarks, the President said:

"Drugs have strained our faith in our system of justice. Our courts, our prisons, our legal system are stretched to the breaking point. The social costs of drugs are mounting. In short, drugs are sapping our strength as a nation. Turn on the evening news or pick up the morning paper and you'll see what some Americans know just by stepping out their front door: Our most serious problem today is cocaine, and, in particular, crack."

In the days and weeks following his speech every news publication published across the country discussed, analyzed and commented upon the war on drugs. The headline in the September 11,1989 edition of Time magazine said "Bush declares another war on drugs, but it may not help much." The programs discussed and outlined by the President and discussed and outlined in various news publications suggests that the expenditure of billions of dollars is needed, tougher criminal penalties for drug use, possession and abuse and expansion of treatment programs to "convert" drug users. All of these needs are probably true. However, every municipality and every municipal official in Illinois and across the nation can take steps in their own community that do not involve the expenditure of additional municipal funds to discourage and end the drug problem in their community.

Undoubtedly, some municipal officials reading this article will say "my community does not have a drug problem." In response, I would ask "is there absolutely no possibility that drugs may be sold, used or abused within the confines of your community?; or, do you honestly believe that your community is immune to the drug threat?" I would suspect that no municipal official can honestly answer these questions and conclude that it is impossible for their community to have a drug problem. After concluding that a drug problem might or could exist in their community, an obvious response of municipal officials would be "but what can we do?" Actually, the response to that question is quite simple; it comes down to three things: enforce your laws, encourage your citizens and help your police.

Enforce your laws. Even the most cursory review of national news publications discloses that drug use and abuse occurs in areas where existing laws are inadequately enforced. Not only criminal laws are involved in the deterring in prevention of drug problems. Municipal officials can aggressively enforce a variety of existing local laws to help insure that any drug problem is abated.

First, liquor licensing in control laws should be vigorously enforced. Certainly, the overwhelming bulk of liquor licensees are responsible citizens of the community who conduct their business in a highly regulated environment and place a value on the privilege of selling alcohol to an extent that they would not permit the use or sale of drugs in their establishments. However, not all liquor licensees share that view. Aggressive enforcement of licensing and personnel requirements with periodic inspections of liquor establishments can

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insure that illegal activity, including drug related activity, does not occur. Many communities require that not only owners but also managers of liquor establishments be subjected to background investigations and prohibit the employment of individuals who have records which involve drug offenses. Strong enforcement of these type of provisions can prevent the placement of individuals who may have a tendency to traffic in drugs in an environment where trafficking would be possible and, in fact, easy. Adoption of suspension or revocation provisions for licensees who have drug offenses occur at their establishments will similarly send a stong signal to licensees that the use, sale or abuse of drugs in facilities licensed by the municipality will not be tolerated. Strict enforcement of such provisions will put operators on notice that the local municipality will not tolerate drugs in their community.

But liquor establishments are not the only potential breeding ground for drug use and abuse. Dilapidated structures in larger communities routinely become hot beds for the use and trafficking of drugs. Aggressive enforcement of building codes and unsafe building ordinances can take away potential sites for these activities. Besides the ancillary benefit of improving the esthetic condition of the community, enforcement of these provisions make the places where these illegal activities can occur less accessible and less affordable to those who would conduct the activities.

Encourage your citizens. The issue of Time quoted above also carried an article entitled "On the Front Lines." This article detailed the activities in a variety of cities that the citizens have undertaken to deal with the drug problem. In some cases these activities were undertaken solely on citizen initiative. However, municipal officials can plant the seeds with their citizens to encourage their participation in the war against drugs. Grand action and mass demonstrations by the citizens against drugs are not necessary. Just the fostering of an attitude of simple civic responsibility and a willingness to help can be enough. Neighborhood watch programs and "Crimestoppers" programs which encourage citizens to report suspicious or illegal activity to police departments are prime examples. Many citizens, concerned about the disclosure of their identity, may be unwilling to report activities that they observe to local authorities. The support and encouragement of such programs with a guarantee of anonymity encourage citizens to add to the size of the police force by providing more eyes and ears to detect such activities. Municipal support of activities conducted by schools, counties, civic groups and others by providing meeting rooms and the support of municipal services indicates to citizens the seriousness of the problem and the resolve of municipal officials to stop it. In addition, it conserves precious resources of groups conducting educational, prevention and treatment activities to permit more of those activities while imposing a minimal or no additional burden on municipal resources.

A good way to start an initiative in a community to encourage citizen response is by participation in the "National Cities Fight Back Against Drug's Week" during the week of December 3 thru the 9. This proposal of the National League of Cities is discussed in the September 25, 1989 issue of Nations Cities Weekly. NLC President Terry Goddard proposed the program and suggested a resolution to be adopted by municipal councils initiating their participation in this week. The text of that resolution is reprinted at the end of this article.

The citizens of any community are its most valuable resource. Any effort to curtail and eliminate drug use from a community preserves, fosters and enhances that resource. Participation of citizens in that effort is critical to the success of any effort in this area.

Support your local police. Ultimately, the war on drugs is conducted by the police. These police officers are the "foot soldiers" that must ultimately fight the battle in the drug war. They are responsible for the detection, prevention and incarceration of persons violating drug laws. Again, there are activities that can be undertaken by the municipality at little or no cost that support these activities. In fact, one program promulgated by the United States Government brings additional resources to the community directly as a result of efforts to stop drug use and abuse.

Strong public support for police departments conducting drug abuse curtailment activities by municipal officials is crucial. It is important for the citizens of the community, the drug dealers and the drug users to know that the municipal government is unified in its efforts to stop drug abuse. The public recognition of officers who successfully participate in drug interdiction activities in the community reinforces that message. It also reinforces the morale and resolve of the police department to conduct its activities in a manner designed to achieve a maximum impact in curtailing drug abuse in a community.

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In addition, local police departments can participate in coordinated intergovernmental efforts with counties and other units of government at the local, state and federal level to stop the flow of drugs. The support, encouragement and funding, where necessary, of these activities enhances the ability of local law enforcement to do its job. Coordinated efforts which expand the scope of drug interdiction efforts outside of the municipal boundaries as well as within make the local effort easier to accomplish. Elimination of drugs from a community does no good if those efforts stop at the city limits. The encouragement of such coordinated cooperative efforts can result in not only a drug free community, but a drug free regional area.

Similarly, cooperation with the citizens who are willing to participate in the war on drugs enhances a coordinated effort in this area. Cooperation with neighborhood watch programs, "Crimestoppers" programs and other forms of community involvement does not interfere with but rather enhances the ability of a police department to do its job. Within the bounds of prudent police procedure, the participation of citizens should be encouraged and, in fact, welcomed. This cooperation between police departments and citizens has the additional benefit of creating an environment of cooperation with the police rather than an adversary attitude that often exists in many communities.

Finally, a program of the federal government effectively pays communities for its drug interdiction efforts. The program was described by an Assistant U.S. Attorney for the Northern District of Illinois in his remarks to the IML Conference on September 16,1989 in Chicago. A section of federal statutes (21 USCA Section 881(a)) provides for the forfeiture of any vehicle which is "used or intended to use, to transport or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of (illegal drugs)." The statute permits ownership of the vehicle to be forfeited to the federal government upon a finding that the vehicle was used in any of the prohibited activities. The FBI and Drug Enforcement Administration (DEA) have established a program whereby ownership of a seized vehicle of the proceeds of the sale of a seized vehicle can be returned to a local police department. These agencies working in conjunction with the local U.S. Attorney can process a request of the municipality to have the vehicle (or the proceeds) transferred back to the local police department upon completion of procedures specified by the FBI and DEA.

No amount of drugs found in a vehicle is too small to result in its seizure and forfeiture. Materials prepared by the Office of the U.S. Attorney for the Northern District of Illinois, Anton Valukas, suggests that "a single marijuana cigarette or small amount of cocaine is enough. The drugs need not be in the trunk, glove compartment or under the seat; if illicit drugs are found on the person of an occupant of the car, that is enough to subject the car to forfeiture." Local offices of the U.S. Attorney, DEA and FBI have information on the program. Any of these offices may be contacted to obtain further information and the necessary forms for effectuation of a forfeiture.

The forfeiture program rewards performance by the local law enforcement officials. The program requires that vehicles or proceeds returned to the community be used in further law enforcement efforts. Therefore, the results are seen at the local level in a very tangible way. This immediate "rewarding" for diligent efforts in drug interdiction can have the effect of spurring additional activity by the law enforcement officials.

The scope of the drug problem in America has made it clear that no single unit of government, including the federal government, can address this problem alone. Nor can all levels of government resolve the problem without the help of citizens and the active vigorous participation of law enforcement officials. In concluding his speech, the President made several points that are worth repeating:

"[T]here is no match for a united America, a determined America, an angry America. Our outrage against drugs unites us, brings us together behind this one plan of action, an assault on every front. This is the toughest domestic challenge we've faced in decades. And it's a challenge we must face — not as Democrats or Republicans, liberals or conservatives — but as Americans. The key is a coordinated, united effort."

Suggested Resolution for City Council Action

Following is a suggested resolution to be presented for adoption to initiate participation in the National Cities Fight Back Against Drugs Week, Dec. 3-9.

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WHEREAS, the presence of drugs and narcotics in our society has resulted in innumerable problems of human, community, social and economic dimension; and

WHEREAS, the consequences of drug-related problems are witnessed in the loss of human lives, the loss of economic productivity, the diversion of public resources to address these problems on all fronts to the health of our people; and

WHEREAS, the demand for illegal drugs is a pervasive problem that affects all segments of our society, including professional and affluent people; and

WHEREAS, illegal drugs plague urban, suburban and rural communities of all sizes and regions; and

WHEREAS, illegal drugs constitute a problem in our community and leads to a host of problems such as homicides, robberies, burglaries and other crimes, and domestic violence; and

WHEREAS, a national war on drugs has been declared to combat the importation, trafficking, sale and abuse of drugs; and

WHEREAS, our nation's cities, villages and towns are on the frontlines of our war on drugs; and

WHEREAS, hundreds of America's dedicated public servants have died and thousands of others risk their lives daily to fight our communities' individual battles against illegal drugs and on the criminal activities stemming from illegal drugs;

NOW, THEREFORE BE IT RESOLVED the (City/Village) declares December 3 to 9 as "Cities Fight Back Against Drugs Week"; and

BE IT FURTHER RESOLVED that during this week the City/Village of (name) will sponsor (state the activities)

BE IT FURTHER RESOLVED that the members of the City/Village will go on record urging community groups, business and civic organizations to support and participate in special activities during that week to draw community attention to this issue.

News items and photographs of interest indicating new developments and progress in your municipality are always of interest to our readers. You are urged to send such information to the ILLINOIS MUNICIPAL REVIEW for publication. Be sure your information is complete. All photographs should be black and white glossy prints.— Editor

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