Past Issues :: 2007 February 1 :: Cover Story
Why is Mike Kuykendall on the cover of Street roots?
The Portland Business Alliance VP defends the organization's reutation when it comes to the streets
Mike Kuykendall is vice president of Downtown Services and Central City for the Portland Business Alliance and is the president of the Downtown Portland Business Improvement District. As such, his influence spans all operations in the district, including crime prevention and public safety to holiday lighting. He’s the man behind folks in green in the Sidewalk Ambassador program. He also oversees the Central City Committee and Public Safety, Marketing, Development and Downtown Retail Council sub-committees.
Mike also served as a Deputy District Attorney in the Multnomah County, Oregon District Attorneys Office for 11 years. From 2000-2005 Mike was Director of the National Center for Community Prosecution at the American Prosecutors Research Institute in Alexandria, Va., before returning to Portland.
When it comes to how people on the streets are affected by public policy, Street Roots and the organization Mike represents haven’t always seen eye to eye. As a member of the Street Access for Everyone, or SAFE, Work Group, he helped develop the latest rendition of the sit-lie ordinance, which would ban people from sitting or lying on downtown sidewalks during the day. It’s an approach called community prosecution, and as a pioneer in the concept, Mike has a lot to say on the the issue, its effectiveness and its impact on Portland. Seems only fitting we’d let him do int in Street Roots.
Street Roots: You spent several years in Washington, DC as Director of the National Center for Community Prosecution at the American Prosecutors Research Institute, one of the most influential think tanks in the United States. You’ve authored, or co-authored several very impressive reports community based prosecutors use across the country today. What did you learn from that experience, and how does it compare to what you are doing in Portland?
Mike Kuykendall: Community prosecution, like community policing, is an emerging concept that involves creating partnerships among the prosecutor's office, law enforcement, the community and public and private organizations to solve problems, improve public safety and enhance the quality of life for all members of the community. Instead of waiting for violations of the law to occur and then reacting to them using traditional prosecution, the community based prosecutor proactively works with community members to deal with livability issues up front and hopefully prevent illegal acts from occurring. This is a smart, inclusive and progressive way for prosecutors to involve the public in dealing with issues that affect their community.
This approach is similar to what Mayor Tom Potter asked the members of his Street Access for Everyone (SAFE) Work Group to focus on in helping the City come up with solutions to deal with the issues of street disorder and sidewalk nuisances. The goal was to answer the question of how best to reduce the harmful impact of behavioral conflicts that prevent a sidewalk or street from being welcoming and open to all, regardless of whether the root of the problem rests in behavior that is illegal, annoying or simply misinterpreted. The Mayor selected a diverse group of 29 individuals to make recommendations to City Council on this issue. These included representatives from Sisters of the Road, Central City Concern, New Avenues for Youth, Transition Projects Inc., Outside In, Janus Youth Program, the ACLU, Oregon Law Center, Metropolitan Public Defenders Office, District and City Attorneys Offices, Portland Police and Parks Bureaus, and the faith and business communities. The group met every other week for nearly six months before making their recommendations to City Council on Dec. 13. These recommendations were unanimously endorsed by the SAFE Work Group, and were unanimously accepted by the Council. The Mayor and his staff are currently working on implementation.
S.R.: You’ve been a major influence with the SAFE Work Group. Can you talk a little bit more about the benefits of the committee’s recommendations?
M.K.: There were many individuals who played a major role in influencing the work of the work group. In particular, we were very fortunate to have Monica Goracke of the Oregon Law Center participate, and I enjoyed working with her very much on the subcommittee that initially developed recommendations for the work group to consider.
The SAFE Work Group came up with five recommendations for City Council: Implementation of a Day Access Center plan with capacity for up to 150 adult women and men; providing adequate public seating and benches in high pedestrian traffic areas such as downtown Portland and the Lloyd District; implementation of a public restroom plan; enactment of a sidewalk obstruction ordinance; and creation of an oversight committee to make sure that the first four recommendations moved forward together, with equal priority and urgency.
The group felt that these recommendations would provide significant benefits to everyone who lives, works, shops and visits Portland. These benefits include helping visitors and locals understand and enjoy an active, diverse city; making daytime life less hostile to those without a home; helping law enforcement be effective while consistent with community values; and establishing a common, consensus way to measure the problem and progress.
S.R.: Why should Street Roots readers get behind a law that bans people from sitting on a sidewalk?
M.K.: The sidewalk obstruction ordinance was one of five specific recommendations from the SAFE Work Group that, taken together, might ensure that Portland’s streets and sidewalks remain safe, welcoming and livable for all. One concern of the group was the proliferation of people sitting on the sidewalks in high pedestrian traffic areas. This creates an unsafe environment for people who are either walking or sitting on the sidewalks, so the group recommended that no one be allowed to sit in areas with high foot traffic. There were many homeless advocates and organizations on the SAFE Work Group and every one of them supported all five of the recommendations provided to the City Council, including the new sidewalk ordinance. I strongly encourage your readers to review the Work Group report and then contact these advocates and organizations before making their decision.
S.R.: Tell us about the Portland Business Alliance’s involvement with the West Side Community Court.
M.K.: In the late ‘90s, Multnomah County District Attorney Mike Schrunk and the Multnomah County Circuit Court decided to open community courts around the county. The Multnomah County Community Court Project began with the North/Northeast Community Court in March 1998, only the second of its kind in the country. In February of 2000, the Southeast Community Court opened, followed by the Westside Community Court in April 2001. A fourth court opened in Gresham in April 2003. These Community Courts endeavor to address quality-of-life crime that diminishes citizens' pride and sense of safety in their neighborhoods. By collaborating with citizens, law enforcement, court and social service agencies, the Community Court Project encourages defendants to contribute positively to their community through community service projects and offers them social service assistance to address underlying problems that can lead to criminal behavior. The Alliance currently provides two staff people for the West Side Community Court, a courtroom clerk and a community service crew leader.
S.R.: How many people that are living in poverty have moved on to sustain themselves after going through Community Court, and Clean and Safe programs?
M.K.: You will need to consult with the Multnomah County Circuit Court about the community courts, as they keep their own statistics. The Alliance’s Clean and Safe Program, funded by downtown property owners, has employed hundreds of individuals in our Homeless to Work Program since the program began in 1988. According to Central City Concern, our contractor for the program, they do not have statistics for individuals who have relocated outside Portland, but well over 40 percent of the participants in the Homeless to Work Program who still live in Portland are experiencing self-sufficiency and have their own affordable housing.
S.R.: Has the PBA thought about educating petty drug dealers on innovative ways to sustain themselves through micro-enterprising ventures?
M.K.: Rehabilitating drug dealers is the responsibility of the courts, whereas the Alliance’s mission is to support the business community and the vitality of downtown. Where the goals of the two organizations converge, as in the West Side Community Court and our Theft Accountability Class, the Alliance is very interested in partnering with the courts.
S.R.: Is cleaning up our streets really a community service, or are we taking living wage jobs away from middle-class people by using cheap labor through the community courts?
M.K.: The Oregon courts and courts around the United States have used community service as an alternative sanction to jail sentences for many decades, so this is not a new concept. It is a proven technique to deal with low-level, first and second time offenders. Holding defendants accountable by having them perform community service in the communities where they actually offended serves both a rehabilitative function for the defendant and a restorative justice function for the community. Plus, when a first time defendant successfully completes community service, their conviction is vacated and they do not get a criminal record, which could keep them from obtaining employment in the future. To date, over 5,000 defendants have come through the West Side Community Court, so yes, I believe that this program provides a true community service that benefits everyone.
S.R.: Are people going through community court getting real-world skills to survive in the 21st century?
M.K.: The majority of defendants coming through community court are first time offenders who are not in need of services and do not re-offend. That is the goal of the community courts. Some defendants present more serious issues, such as mental health concerns, substance abuse and alcoholism that make them more likely to become involved with the criminal justice system again. These individuals are provided services by the court to assist them with these issues, often in lieu of a fine or community service.
S.R.: Don’t you think it’s strange that the PBA lobbies for quality-of-life laws on the front end, funds the very court that prosecutes those laws, and helps runs community service programs people are assigned to?
M.K.: As I explained earlier, the Alliance doesn’t fund the courts or run the community service program. We provide staff to assist the judge who orders community service as part of a sentence in a criminal matter. In the SAFE initiative, the Alliance did not lobby for quality of life laws; we worked closely with a variety of partners, including City Hall and numerous representatives from the homeless community, to find solutions to livability issues affecting the City. One of these was a new sidewalk obstruction ordinance. If the Alliance "lobbied" for this ordinance as you suggest, then so did the ACLU, Oregon Law Center, Sisters of the Road, and everyone else who participated on the Work Group.
S.R.: The Portland Business Alliance doesn't get much love in Street Roots for its stance on numerous issues over the years. Why should we change our attitude?
M.K.: I think the issue here is really one of communication, and the Alliance can do a better job of that. Most of your readers probably don’t know that the Alliance and downtown property owners provide significant funding and resources every year to assist the homeless community. This includes nearly $1.1 million to Central City Concern’s Homeless to Work Program and $100,000 to their Housing Rapid Response Program. We have participated in all three Project Homeless Connect events with significant volunteer support. We have committed $45,000 through June 30 for the new homeless day shelters as part of the SAFE project, and we will continue to provide financial support for these shelters until the permanent day access center called for in the 10-Year Plan to End Homelessness is completed in two years. We have also committed to providing cleaning and security services for all the new public restrooms recommended by the SAFE Work Group, at no charge to the City. I guess I will leave it to your readers to decide what these contributions mean to them.
S.R.: Why did you come back to Portland?
M.K.: I moved here from Indiana in 1984 to attend law school and I thought I would never leave. This is paradise, in my opinion. When President Clinton funded the National Center for Community Prosecution with $40 million in 2000, I decided to accept the position as director but always hoped to return to Portland someday. With the arrival of my first grandchild in 2004, my wife and I decided to make the push and return. We now have four grandchildren, so I guess the timing was right.
S.R.: What are some of the things you love about downtown Portland?
M.K.: Downtown is the heart of the city, and all of us must do everything we can to keep it healthy. It is incredibly diverse, progressive, accessible and inviting for everyone who lives, works, shops and visits here. In my D.C. job, I was able to visit the downtowns of approximately 150 cities around the country, and none of them tops downtown Portland.
S.R.: Do you live in downtown Portland?
M.K.: Yes. I wouldn’t live anywhere else.
