HomeMy WebLinkAbout08-20-2013 c4 bscc funding & mou with county of slo
FROM: Steve Gesell, Chief of Police
Prepared By: Melissa Ellsworth, Senior Administrative Analyst
SUBJECT: PUBLIC SAFETY LIAISON OFFICER PROGRAM MEMORANDUM OF
AGREEMENT
RECOMMENDATION
1. Authorize the payment of funds received from the Board of State and Community Corrections
for FY 2012-13 for regional front line law enforcement services in the amount of $120,186 to
the County of San Luis Obispo Probation Department; and
2. Authorize the amendment to the Law Enforcement Grant Fund budget in the current year to
recognize the grant revenues and the appropriation for the disbursement of the grant funds to
San Luis Obispo County; and
3. Authorize the City Manager to sign the Memorandum of Agreement.
DISCUSSION
On April 2, 2013 the City Council approved the acceptance of grant funds from the Board of State
and Community Corrections for FY 2012-13 for regional front line law enforcement services in the
amount of $120,186, and authorized the City to serve as the fiscal agent for the distribution of funds.
The funding was a result of the State designating $24 million to municipal police departments to
support front line intervention services for FY 2012-13. The Board of State and Community
Corrections (BSCC) requested one city in each county be designated to be the fiduciary agent to
receive the funding and to allocate the funds based on the collective decision of local law
enforcement agencies within each county. The County of San Luis Obispo was awarded a total of
$120,186.
It was determined by the County Chief’s Association that the funds would be used to hire a Deputy
Probation Officer III to act as the Public Safety Liaison Officer under the direct supervision of the
Probation Department’s Unit Supervisor. On July 16, 2013, the County Board of Supervisors
authorized the Chief Probation Officer to sign a three-year Memorandum of Agreement with the
seven municipal police departments for provision of the Probation Public Safety Liaison Officer
Program.
Staff is requesting authorization for the City Manager to sign the Memorandum of Agreement. The
MOA will allow the Probation Department to provide specialized services to the municipal law
enforcement agencies throughout the County, including the incorporated areas within Cities.
Meeting Date
Item Number 08-20-13
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State Funding for Law Enforcement Services Page 2
FISCAL IMPACT
Funds were received from the State on February 28, 2013 in the amount of $120,186. Currently, the
funds are being held in the City’s Law Enforcement Grant Fund. If authorized, the City will
disburse the BSCC funds in their entirety to the County of San Luis Obispo Probation Department.
The budget of the Law Enforcement Grant Fund will be amended to reflect the grant revenue and
the appropriation for this disbursement to the County in the current year.
It is important to note that the funds have been legislatively identified by the State for a period of
three years; however, there is no ability to determine the level of funding beyond that period. Under
the terms of the Memorandum of Agreement, the City will continue to act as the fiscal agent and
release future funds from the BSCC as requested by the County of San Luis Obispo
ALTERNATIVES
Council may direct staff to identify another law enforcement agency to act as the fiduciary agent. As a
result, the funds would need to be remitted to another agency for disbursement. As part of the funding
distribution guidelines, the California Chiefs Association, along with the State’s Department of
Finance, requested that each County Chief’s Association identify a city within each county to serve as
the fiscal agent. Due to the fact that the City of San Luis Obispo is the county seat, the Police Chief
felt it was most appropriate for San Luis Obispo to act as the fiscal agent for these grant funds. The
Chief’s Association approved the motion. The alternative is not recommended as it would delay
disbursement of the funds and adversely impact other municipalities.
ATTACHMENTS
1. San Luis Obispo County Board of Supervisors Agenda Item Transmittal & Report from the
July 16, 2013 meeting date.
2. Memorandum of Agreement
3. Budget Amendment Request
T:\Council Agenda Reports\2013\2013-08-20\BSCC Funding & MOU with County of SLO (Gesell-Ellsworth)\CAR State Funding Probation
position.docx
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Page 1 of 3
COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS
AGENDA ITEM TRANSMITTAL
(1) DEPARTMENT
Probation
(2) MEETING DATE
7/16/2013
(3) CONTACT/PHONE
Chief Probation Officer Jim Salio, 781-1039
(4) SUBJECT
Request to authorize the Chief Probation Officer to sign a three year Memorandum of Agreement with the seven municipal
police departments for provision of the Probation Public Safety Liaison Officer Program in annual the amount of $120,186.
(5) RECOMMENDED ACTION
It is recommended that the Board of Supervisors authorize the Chief Probation Officer to sign the Memorandum of
Agreement on behalf of the County of San Luis Obispo with the municipal police departments of Arroyo Grande,
Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Lui s Obispo for the Probation Public Safety
Liaison Officer Program.
(6) FUNDING
SOURCE(S)
State Board of Community
Corrections Local
Municipal Law
Enforcement Grant
(7) CURRENT YEAR
FINANCIAL IMPACT
$120,186
(8) ANNUAL FINANCIAL
IMPACT
$120,186 (contingent on State
Legislature approval)
(9) BUDGETED?
Yes
(10) AGENDA PLACEMENT
{ X } Consent { } Presentation { } Hearing (Time Est. ___) { } Board Business (Time Est.___)
(11) EXECUTED DOCUMENTS
{ } Resolutions { } Contract s { } Ordinances { X } N/A
(12) OUTLINE AGREEMENT REQUISITION NUMBER (OAR)
N/A
(13) BUDGET ADJUSTMENT REQUIRED?
BAR ID Number:
{ } 4/5th's Vote Required { X } N/A
(14) LOCATION MAP
N/A
(15) BUSINESS IMPACT STATEMENT?
No
(16) AGENDA ITEM HISTORY
{ X } N/A Date: ___________
(17) ADMINISTRATIVE OFFICE REVIEW
Geoff O’Quest, Administrative Analyst
(18) SUPERVISOR DISTRICT(S)
- All Districts
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Page 2 of 3
County of San Luis Obispo
TO: Board of Supervisors
FROM: Probation / Chief Probation Officer Jim Salio, 781-1039
DATE: 7/16/2013
SUBJECT: Request to authorize the Chief Probation Officer to sign a three year Memorandum of Agreement with the
seven municipal police departments for provision of the Probation Public Safety Liaison Officer Program
in annual the amount of $120,186.
RECOMMENDATION
It is recommended that the Board of Supervisors authorize the Chief Probation Officer to sign the Memorandum of
Agreement on behalf of the County of San Luis Obispo with the municipal police departments for Arroyo Grande,
Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo for the Probation Public Safety
Liaison Officer Program.
DISCUSSION
The 2011 Public Safety Realignment Act has given the Probation Department added responsibility to supervise and
monitor state prison inmates discharged to Post Release Community Supervision (PRCS). Generally, PRCS offenders
have demonstrated more criminality, less willingness to cooperate with Probation and demonstrate serious substance
abuse issues.
In order to address the issues of criminality, gang affiliation and substance abuse, the seven municipal law enforcement
agencies in the County have recognized the need for the services of a Probation liaison officer in support of criminal
investigations, fugitive apprehension and community monitoring of PRCS and other high risk offenders. In Fiscal Year
2012-2013, the California Board of State and Community Corrections (BSCC) awarded the municipal law enforcement
agencies grant funds in the amount of $120,186 to deal with impacts of Public Safety Realignment and may be awarded
BSCC grant funds for the next two fiscal years.
The City of San Luis Obispo is authorized to serve as the fiscal agent for disbursement of these funds. The Probation
Department and police departments of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo
Beach and San Luis Obispo will enter into Memorandum of Agreement (MOA) commencing on July 1, 2013 for an initial
term of one year, and shall be automatically renewed under the same terms for one (1) year periods. There shall be two
automatic renewal terms. The MOA may be terminated at any time upon 60 days written notice either by the Probation
Department or by action of at least four (4) of the municipal law enforcement agencies which are parties of the agreement.
The cities, through their fiscal agent, shall transfer to the Probation Department the full amount of the BSCC grant funds
within 30 days of receipt of these funds.
OTHER AGENCY INVOLVEMENT/IMPACT
County Counsel has reviewed the Memorandum of Agreement as to form and legal effect.
FINANCIAL CONSIDERATIONS
Funding for this MOA comes from the State Board of Community Corrections Local Municipal Law Enforcement Grant.
Funding and personnel expense in the amount of $120,186 is included in the FY 2013-14 adopted budget, as is a limited-
term 1.00 FTE Deputy Probation Officer position. Continuation of this position in future years is contingent on the State
Legislature’s renewed approval of the grant funding to the cities. Approval of this MOA will have no impact on the
Probation Department’s budgeted level of General Fund support.
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Page 3 of 3
RESULTS
Establishing this MOA with the local law enforcement agencies will allow the Probation Department to provide specialized
expertise and services to the municipal law enforcement agencies in the County. The joint cooperation agreement will
create a safer community through the close monitoring and quick response to criminal activity involving PRCS or other
high risk offenders.
ATTACHMENTS
1. MOA with municipal police departments for Probation Public Safety Liaison Officer Program
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MEMORANDUM OF AGREEMENT
Public Safety Liaison Officer Program
This MEMORANDUM OF AGREEMENT (hereinafter referred to as the "Agreement" or
"MOA') is entered into by and between the County of San Luis Obispo, through its Probation
Department (hereinafter referred to as the "Probation Department") and the following cities:
San Luis Obispo, Arroyo Grande, Grover Beach, Pismo Beach, Atascadero, Morro Bay, and
Paso Robles ("municipal law enforcement agencies" or the "Cities").
WHEREAS, the municipal law enforcement agencies in San Luis Obispo County were
awarded grant funds from the state Board of State and Community Corrections (BSCC) for FY
2012-13 in the amount of $120,186, and may also be awarded BSCC grant funds forthe next
two fiscal years; and
WHEREAS, the City of San Luis Obispo is authorized to serve as the fiscal agent for
disbursement of these funds; and
WHEREAS, the municipal law enforcement agencies in the County have a need for the
services of a liaison officer from the Probation Department in support of criminal investigations,
fugitive apprehension, and community supervision and monitoring of Post Release Community
Supervision (PRCS) and other high-risk offenders; and
WHEREAS, the Probation Department is specially trained, experienced, and expert and
competent to perform such special services; and
WHEREAS, a close working relationship based on joint cooperation between the
Probation Department and municipal law enforcement agencies will create a safer community
through the arrest and successful prosecution of criminal PRCS offenders.
NOW, THEREFORE, the parties mutually agree to the following terms and conditions:
A. Scope of Services.
services:
The Probation Department shall provide the following
Memorandum of Agreement,
Public Safety Liaison Officer Program Page 1 of8 C4 - 6
1. Assignment of Liaison Officer. Select and assign a Deputy Probation
Officer lll to act as the Public Safety Liaison Officer under the direct supervision of the
Probation Department's PRCS Unit Supervisor.
2. Duties of Liaison Officer. Ensure that the Public Safety Liaison Officer
assists the municipal law enforcement agencies with
a) identifying, investigating, arresting, and assisting in the prosecution of
individuals on PRCS residing within the respective municipalities, and
b) conducting compliance searches on PRCS offenders with sex,
violence, or gang convictions, and
c) investigating PRCS offenders involved in criminal activity, and
d) locating and arresting offenders-at-large within the respective
municipalities,
and that the Liaison Officer maintains communications and coordinates resources with
the investigative divisions of any municipal law enforcement agency requesting the
assistance of the Probation Department.
3. At any and alltimes, the Public Safety Liaison Officer shall be considered
an employee only of the Probation Department for the County of San Luis Obispo, and
the Probation Department for the County of San Luis Obispo shall be responsible for
complying with allfederal, state, local laws and/or labor agreements related to or arising
out of the employment of the Public Safety Liaison Officer. The Public Safety Liaison
Officer shall not be entitled to any of the benefits offered by any of the municipal law
enforcement agencies to their employees.
B. Compensation for Services. The Cities, through their fiscal agent, shall
transfer to the Probation Department the full amount of the BSCC grant funds within 30 days of
receipt of these funds. The Probation Department shall not be entitled to receive any funds in
excess of the actual BSCC grant funds for the original term of this MOA or any renewal thereof.
Under no circumstances shall the Cities be obligated to reimburse the Probation Department for
services rendered or costs incurred under this MOA in excess of the actual grant funds
received.
Memorandum of Agreement,
Public Safety Liaison Officer Program Page 2 of 8 C4 - 7
C. Term and Tgrmingtion of Gontract. This MOA shall commence on July 1,
2013, for an initial term of one year, and shall be automatically renewed under the same terms
for one (1) year periods thereafter, subject to the rights of modification contained herein. There
shall be two automatic renewal terms. Thereafter, the parties may extend the term of this MOA
only upon written agreement from all parties.
This MOA may be terminated at any time upon 60 days written notice either by the
Probation Department or by action of at least four (4) of the municipal law enforcement agencies
which are parties hereto.
D.Special Gonditions.
1. Shooting Investigations. ln the event of a shooting incident, it is agreed
that the agency in whose jurisdiction the shooting occurred will conduct the shooting
investigation. Any affected agencies may conduct internal investigations regarding the
shooting according to their own policies and guidelines.
2. Records and Reports. lnvestigative records and reports will be
maintained by each participating agency. Monthly reports and summaries of
investigations and arrests by the Public Safety Liaison Officer Program will be prepared
and furnished to all participating agencies by the Probation Department. All investigative
information will be "u"íl"bl" to each of the participating agencies.
3. Media Relations. ln cases of significant public interest, joint press
releases may be made. lnformation regarding routine apprehensions may be furnished
to the press by the agency in whose jurisdiction the apprehension took place, unless the
involved agencies have designated a different lead agency.
4. Gommunication. Communication links between agencies will consist of
the Chief from each participating agency, managemenlsupervisory personnel assigned
by the agency Chief, and further delineated on a street level, by agency
patrol/investigative personnel maintaining the established communication link with the
Liaison Officer. Communication links will include regular joint agency operational
meetings to share information, intelligence and criminal/compliance investigations,
Memorandum of Agreement,
Public Safety Liaison Officer Program Page 3 of I C4 - 8
agency briefings, and period reports to all members of the San Luis Obispo County
Criminal Justice Ad m inistrators' Association.
5. Resources. Each participating agency agrees to make available its
resources in support of this Program, including, but not limited to, personnel,
communications, and equipment.
E. General Conditions.
1. Liability. Each agency shall assume the responsibility and the liability for
the acts and omissions of its own officers, agents, or employees in connection with the
performance of their official duties under this MOU. For tort liability purposes, no
participating agency shall be considered the agent of the other participating agencies.
Each participating agency shall be liable (if at all) only for the torts of its own officers,
agents, or employees that occur within the scope of their official duties.
The provisions contained herein include any violation of applicable law,
ordinance, regulation, or rule, including where the claim, loss, damage, charge or
expense was caused by deliberate, willful, or criminal acts of any agency, or any of its
agents, officers, or employees in its or their performance hereunder.
It is the intent of the parties hereto that, where negligence is determined to have
been contributory, principles of comparative negligence will be followed and each party
shall bear the proportionate cost of any loss, damage, expense and liability attributable
to that party's negligence.
The agencies shall establish procedures to notify the other agencies where
appropriate of any claims, administrative actions or legal actions with respect to any of
the matters described in this indemnification provision. The agencies shall cooperate in
the defense of such actions brought by others with respect to the matters covered in this
MOU. Nothing set forth in this memorandum of understanding shall establish a standard
of care for, or create any legal rights in, any person not a party to this MOU.
2. Entire Agreement. This MOA constitutes the entire understanding of the
parties hereto. No changes, amendments, or alterations shall be effective unless in
writing and signed by all parties.
Memorandum of Agreement,
Public Safety Liaison Officer Program Page 4 of I C4 - 9
3. Non-waiver. Waiver of any breach or default hereunder shall not
constitute a continuing waiver or a waiver of any subsequent breach either of the same
or of another provision of this MOA.
4. Gounterparts. This MOA may be executed in one or more counterparts,
each of which shall be deemed to be an original, but all of which together shall constitute
one and the same instrument.
5. Gaptions. The headings or captions in this MOA are not a part of the
MOA and shall have no effect upon the construction or interpretation of any part thereof.
6. Severability. lf any term, covenant, or condition of this MOA is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
7. Ambiguities. The parties have each carefully reviewed this MOA and
have agreed to each term of this MOA. No ambiguity shall be presumed to be construed
against any other party.
8. Governing Law. This MOA has been executed and delivered in the
State of California and the validity, enforceability and interpretation of any of the clauses
of this Contract shall be governed by the laws of the State of California. All duties and
obligations of the parties created hereunder are performable in San Luis Obispo County
and such County shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
9. Records. All parties shall have access to administrative information
related to the obligations incurred hereunder. The Cities will provide, upon request from
the Probation Department, any and all records and documents concerning the activities
of the accounts related to this Agreement. The parties acknowledge and agree that the
County Auditor and/or the County's external auditors shall have access to any and all
records, documents, and information related to this Agreement,
Memorandum of Agreement,
Public Safety Liaison Officer Program Page 5 of 8 C4 - 10
10. Notices. Any notice required to be given pursuant to the terms and
provisions hereof shall be in writing and shall be sent by first class mail to the Probation
Department at:
James E. Salio, Chief Probation Officer
San Luis Obispo County Probation Department
1730 Bishop Street
San Luis Obispo, CA 93401
and to the Cities, respectively, at:
City of San Luis Obispo
City Manager
919 Palm Street
San Luis Obispo, CA 93401
City of Arroyo Grande
City Manager
300 East Branch Street
Arroyo Grande, CA 93420
City of Grover Beach
City Manager
154 S Eighth Street
Grover Beach, CA 93433
City of Pismo Beach
City Manager
760 Mattie Road
Pismo Beach, CA 93449
City of Atascadero
City Manager
6907 El Camino Real
Atascadero, CA 93422
City of Morro Bay
Cíty Manager
595 Harbor Street
Morro Bay, CA 93442
Memorandum of Agreement,
Public Safety Liaison Officer Program Page 6 of 8 C4 - 11
City of Paso Robles
City Manager
1000 Spring Street
Paso Robles, CA 93446
lN WITNESS THEREOF, the Probation Department and the municipal law enforcement
agencies have executed this Agreement on the day(s) and year herein below set forth.
COUNry OF SAN LUIS OB¡SPO
PROBATION DEPARTMENT
By:Date:
JAMES SALIO
Chief Probation Officer
APPROVED AS TO FORM AND LEGAL EFFECT:
RITA L. NEAL, County Counsel
CITY OF SAN LUIS OBISPO
KATIE LICHTIG
City Manager
CITY OF ARROYO GRANDE
By:
By:
By:
STEVE ADAMS
City Manager
GITY OF GROVER BEAGH
BOB PERRAULT
City Manager
Memorandum of Agreement,
Public Safety Liaison Officer Program
Date: t/g/,u
-
Date:
Date:
Date:
Page 7 of I C4 - 12
C¡TY OF PISMO BEACH
JAMES LEWIS
City Manager
CITY OF ATASCADERO
By:
By:
By:
By:
Date:
Date:
Date:
Date:
RACHELLE RICKARD
City Manager
CITY OF MORRO BAY
ANDREA LUEKER
City Manager
CIÏY OF PASO ROBLES
JIM APP
City Manager
Memorandum of Agreement,
Public Safety Liaison Officer Program Page 8 of 8 C4 - 13
NUMBER
Fund No.
250
Amendment
Amount
120,186
TOTAL 120,186
Amendment
Project Phase Amount
Grants in Aid 120,186
TOTAL 120,186
Date
Date
City of San Luis Obispo
BUDGET AMENDMENT REQUEST
Other State Grants
Account Description Revenue Account No.
REVENUES AND OTHER FINANCING SOURCES
Requesting Department Fund Name
43430
EXPENDITURES AND OTHER FINANCING USES
Funds received from the Board of State and Community Corrections for FY 2012-13 for regional front line law
Department Head
Funds to be paid out to the County of San Luis Obispo for the Public Safety Liaison Officer Program.
Director of Finance
Entered ByDate
Date
enforcement services.
General Ledger No,Capital Project No.
Account Description Program
1000
City Administrative Officer
PURPOSE
Police Law Enforcement Grant Fund
Page_____of_____
Account
7237
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