CONCERNS SURFACE ABOUT MARIJUANA ORDINANCE PROPOSAL

Karen Trinko is hoping Eau Claire officials don't create a city ordinance
for first-offense marijuana possession.

"I think it's a very serious issue - for due process," said Trinko of 1207
S. Dewey St.

Trinko, addressing the City Council Monday night, said using a city
ordinance to charge someone for a marijuana violation would eliminate the
opportunity for an indigent person to have court-appointed legal counsel.

She said she also believed the change would sends the message that an
incident involving the drug isn't as serious if charged as a city ordinance
violation.

The council was scheduled to act on a proposal today that creates
ordinances allowing city prosecutors to handle marijuana possession,
property damage, retail theft and trespassing cases in certain circumstances.

For example, the ordinance regarding marijuana would allow the city to
prosecute first-time offenders possessing 25 grams of the drug or less,
Assistant City Attorney Lucie Usher said.

The proposals do not replace criminal statutes, Usher told the council.
Instead, they give police and prosecutors more charging options, meaning
someone could be charged criminally for a first-time marijuana offense if
circumstances warrant.

Berlye Middleton, one of the 11 council members, was concerned about the
potential abuse of discretionary power by those issuing charges.

Discretion is part of the present system, City Attorney Stephen Nick said.
For example, first-time offenders charged criminally under the present
system sometimes get the charge reduced to a noncriminal county disorderly
conduct violation.

Council member Terry Sheridan also expressed concern that approving the new
ordinance would generate additional work for city prosecutors.

Sheridan, in another matter, asked that the council consider allocating
$10,000 in federal community development block grant funds to Longfellow
School for new playground equipment and an additional $2,300 for the Eau
Claire Area Hmong Mutual Assistance Association toward a bilingual housing
coordinator.

The Hmong Association had requested $39,000 in block grant funding, but a
review committee recommended an allocation of $14,000 for 2002.

The city again received more requests than funds, Housing Authority
Director Carol Doyle said.

If the council approves the recommendations today, they will be forwarded
to the U.S. Department of Housing and Urban Development for final approval.

In another matter, five residents addressed the council Monday, asking to
receive council agenda information earlier to allow for more discussion
before the meeting.

Earlier notice would give council members a chance to better prepare
themselves on issues, possibly by giving them more time to survey
constituents or request statistics from city officials on key items, said
Ken Fulgione of 330 Lincoln Ave. It also would give interested residents
more time to get involved.

The council is scheduled to take no action on this matter at its
legislative session today.