When the University’s Department of Public Safety patrol vans began falling apart last year, campus security upgraded its fleet to sleek new patrol cars, outfitted with red and blue emergency lights, similar to those on police vehicles.
But what seemed like a convenient improvement could put DPS in hot water because the department is not authorized to use the red and blue lights, according to area law enforcement agencies and the Oregon Department of Transportation.
According to Oregon statutes, blue lights are permitted only on police or emergency fire vehicles. DPS cars don’t qualify as either.
“No security vehicles can have red and blue lights unless they are a certified police officer,” said Allen Charn, deputy director of the Oregon Department of Public Safety, Standards and Training. “It’s the law.”
DPS Director Tom Fitzpatrick said the department chose to use the red and blue lights without checking the legal restrictions.
“We feel comfortable using the red and blue lights because we feel safer,” Fitzpatrick said, adding that the lights are more recognizable than the yellow and green used on the old patrol vans.
“We feel it’s in the best interest of the community to have lights that people recognize,” he said. “We did not go and ask for permission.”
The issue raises questions about the identity of DPS and its representation on campus — is DPS an enforcement agency qualified to use the red and blue lights, or is it simply a campus security organization hired to keep the peace?
The answer depends on who is asked, and how they interpret the terms “police officer” or “peace officer.”
“We’re considered a criminal justice law enforcement agency,” Public Safety Sergeant Marte Martinez said. “Oregon Revised Statute 352-285 authorizes [state university] employees as public safety, called peace officers.”
The State Board of Higher Education could commission college public safety officers to become “peace officers,” Martinez said.
However, no DPS employees have received that designation and Fitzpatrick and law enforcement officials said that even commissioned DPS officers would not be classified as “peace officers.”
“We are not trying to represent ourselves as police officers [and] we are not considered peace officers,” he said.
Sources outside the department said that the DPS is strictly a campus security organization whose officers are not certified as peace officers.
Though the DPS wasn’t notified of a violation when the vehicle lights were installed, the issue is not a new one for the department’s staff.
“There have been some questions about the lights,” Martinez said. “But nothing has come out of it.”
While Eugene Police Department officers stated they are aware of the issue, they aren’t likely to take action.
“We’re not going to write them a ticket,” EPD spokeswoman Jan Powers said. “I believe it’s up to the University to resolve it and the state that mandates it to correct it.”