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Building a Partnership with Law Enforcement 2002 National Conference on Tobacco or Health Joan N. McNamara Deputy City A

Building a Partnership with Law Enforcement 2002 National Conference on Tobacco or Health Joan N. McNamara Deputy City Attorney, San Diego. Lessons to Learn. Building an Enforcement Team Challenges Models used in California Maintaining a Successful Team. Understand Your Law.

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Building a Partnership with Law Enforcement 2002 National Conference on Tobacco or Health Joan N. McNamara Deputy City A

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  1. Building a Partnershipwith Law Enforcement2002 National Conference on Tobacco or HealthJoan N. McNamaraDeputy City Attorney, San Diego

  2. Lessons to Learn • Building an Enforcement Team • Challenges • Models used in California • Maintaining a Successful Team

  3. Understand Your Law • Type of Violation • Prohibitions • Workplaces • Bars/Restaurants • Employer Liability • Other Health Laws

  4. Gather Community Support • American Lung • American Heart • BREATH • Cancer Society • Employees • Businesses

  5. Identify Enforcement Options • Health Dept. • Police Dept. • Fire Dept. • City or District Attorney • Dept. of Alcohol & Beverage Control

  6. Meet with Law Enforcement • Why enforce? • It’s the law! • It’s good for everyone’s health! • Community wants it! • Explain how you can help

  7. San Diego’s Start • January 1, 1998 • 60% Compliance • Lots of Education • No Enforcement • Bar Owner is the Key

  8. Initial Meetings • County Health Department • American Lung/BREATH • SDPD Vice Division • San Diego City Attorney

  9. San Diego Model • County Health Tobacco Control Resource Program • SDPD Vice Unit • City Attorney Criminal Division

  10. Health Department • Hotline • Compliance Check • Notice Letter to Employer • Referral to Police Department

  11. Police Department • Case Guidelines • Undercover Inspection • Patrons Cited • Citations sent to City Attorney

  12. City Attorney • Review Patron Citations • Owner Records • Health Dept. • ABC • Criminal Check • Notify Warrant to Owner

  13. Health Dept. as Enforcers • Fact Gathering • Report Writing • Timeliness

  14. Fact Gathering • Observation • Patrons Smoking • Ashtrays Present • Signs Posted • Bartender • Serves Smoker • Provides Ashtray

  15. Report Writing • All Observations • Chronological Order • Identifying Info • Smokers • Owner/Employees • Statements • Get Input from Prosecutor

  16. Santa Monica Model • City Attorney Enforces • Hotline • Compliance Check • Undercover • Notify Warrant to Owner

  17. Labor Code 6404.5(b) Challenges • Owner Knowingly or Intentionally Permitted the Smoking • Patios • Tobacco Shops

  18. San Diego Today • 450+ Bars • Complaints • 681 in 1998 • 182 in 2000 • 42 in 2002 • Over 86% Compliance

  19. Successful Enforcement • Do your Homework • Establish your Team • Keep in Regular Contact • Provide Support • Share information • Give Awards

  20. Building a Partnership with Law Enforcement Joan McNamara Deputy City Attorney Office of the City Attorney 1200 Third Avenue, Suite 700 San Diego, CA 92101 (619) 533-5699 (tel) 533-5504 (fax) jmcnamara@sandiego.gov

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