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Police Department
DATE: March 1, 2011
TO: Mayor and City Council
FROM: Robert P. Sanderson, Chief of Police
SUBJECT: Resolution No. 6755 Approving the Los Angeles Interagency Metropolitan
Police Apprehension Crime Task Force Joint Powers Agreement ( "LA
IMPACT JPA "), Thus Authorizing the City's Membership in the LA
IMPACT Authority and Authorizing the City Manager to Execute the JPA
Agreement.
Recommendation: Adopt
SUMMARY
Staff is recommending the City Council adopt Resolution No. 6755 approving the LA
Impact JPA and authorize the City Manager to execute the JPA agreement as outlined
in this report.
BACKGROUND
Inaugurated on July 1, 1991, the Los Angeles Interagency Metropolitan Police
Apprehension Crime Task Force (LA IMPACT) is a compilation of numerous Federal,
State and local Law Enforcement agencies in Los Angeles County whose primary focus
is to investigate major crimes, with an emphasis on dismantling mid to major level drug
trafficking organizations. The task force was founded by the Los Angeles County Police
Chiefs' Association, who currently act as the Board of Directors.
LA IMPACT is one of the most prolific, innovative and progressive crime task forces in
the county through its wide range of abilities and expertise. Many of the task force
members are seasoned investigators from a myriad of different disciplines who possess
expertise outside the realm of narcotic enforcement. This enables LA IMPACT to
provide a diverse range of investigative services in the areas of property crimes,
financial crimes and crimes against persons, in addition to narcotic enforcement during
times of mutual aid by requesting entities.
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LA IMPACT's primary area of expertise is narcotic enforcement. The task force is
known for its surveillance capabilities and possesses the most extensive surveillance
resources in California. LA IMPACT has specialized proficiency in the following areas:
major drug trafficking organizations, money laundering, clandestine laboratory
investigations, transportation and parcel interdiction, and gang enforcement. LA
IMPACT is the primary clandestine laboratory response team for Los Angeles County.
Although the mission of LA IMPACT is to address drug trafficking, Los Angeles County
is considered by many to be the epicenter of street gang activity and has been plagued
by the threat of gang violence and illegal drug activity for many years. As gang
memberships have multiplied and crossed jurisdictional lines, rivalries have developed
resulting in an escalation of violence. Gangs and drugs are two words that are
synonymous. Control of the drug sales in a specific geographic area is very critical to a
gang.
Therefore, LA IMPACT has taken an aggressive enforcement approach and
investigates gangs as a Criminal Organization by identifying the gang leaders and its
hierarchy in an attempt to disrupt and ultimately dismantle the criminal organization.
Decision to Form a Joint Powers Authority
In 2005, the California Court of Appeals issued a decision stating that LA IMPACT,
though not intended by member agencies to be a separate public entity, was, in fact, a
local public agency whose Board of Directors meetings are subject to the open meeting
requirements of the Ralph M. Brown Act.
Additionally, LA IMPACT was sued in two civil lawsuits involving claims by former non -
sworn contract employees. While both lawsuits were settled in the summer of 2009, the
current MOU does not provide a formal mechanism to address the question of, when
litigation is commenced against LA IMPACT, whether LA IMPACT or member agencies
are required to fund the defense of the litigation and any settlement or judgment that
may result.
In light of the Court of Appeal's 2005 decision and the two lawsuits against the task
force, the Board of Directors believes that operating under the informal arrangement of
an MOU is no longer prudent, and that it would be in LA IMPACT's and its members'
best interests to formally organize itself as a Joint Powers Authority governed by an
Agreement that explicitly addresses these and other issues of legal concern.
DISCUSSION
For the past two years, a working group of Police Chiefs and City Attorneys have been
meeting to review the issues associated with maintaining and operating LA IMPACT.
The working group, including Culver City's Police Chief and a representative from the
Culver City City Attorney's Office, drafted a Joint Powers Agreement (JPA) (Attachment
1) that will form the LA IMPACT Authority.
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The JPA will become effective after not Tess than ten (10) cities have authorized and
executed the Agreement, and forty -five days have elapsed after not less than ten (10)
cities have authorized and executed the agreement.
JPA Key Points
Under the JPA, LA IMPACT will possess the following powers:
1. To make and enter into contracts, including but not limited to, agreements for
the purpose of purchasing /leasing and or disposing of supplies and
equipment;
2. To make and enter into contracts with public entities as Associate Members;
3. To receive compensation, gifts, contributions and donations of property,
funds, services and other forms of financial assistance;
4. To acquire, construct, manage, maintain or operate any building, works or
improvements;
5. To sue and be sued in its own name;
6. To apply for, receive and utilize grants under any Federal, State or local
programs for assistance;
7. To issue bonds and to otherwise incur debts, liabilities and obligations,
provided that no such bond, debt, liability or obligation shall constitute a debt,
liability or obligation to the individual respective Members;
8. To appoint/hire officers, employees, agents or consultants, and adopt
personnel rules and policies governing officers and employees;
9. To reimburse Member's overtime expenditures for their personnel as set forth
by the Executive Director of the Authority;
10. To distribute proceeds from asset forfeiture seizures to Members and
Associate Members as specified by the Agreement in accordance with rules
and formula developed by the Board of Directors;
11. To obtain all types of insurance as may be necessary to cover the liabilities of
the Authority or its Members as determined by the Board of Directors;
12. To promulgate, adopt, and enforce any rules and regulations, as may be
necessary and proper to implement and effectuate the terms, provisions, and
purposes of the Agreement.
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Governance
LA IMPACT will be governed by a Board of Directors, which shall be comprised of the
President of the Los Angeles County Police Chiefs' Association, the Police Chief of the
Law Enforcement agency of each member City, the Los Angeles County Sheriff or
Undersheriff, and a representative of any Federal or State agency which is a Member.
The Board will also establish a thirteen (13) member Executive Committee, which shall
include the President of the Los Angeles County Police Chiefs' Association and the
Chair of the Authority. An Executive Director will administer the daily business and
activities of the Authority, subject to the general supervision and policy direction of the
Board of Directors and the Executive Committee. The Executive Director will provide
for the appointment of support staff as may be necessary.
Operating Budget
Currently the LA IMPACT budget is approximately $4.6 million per year with the majority
of the funding coming from Federal and State grants, in addition to asset forfeitures.
Each agency is currently responsible for the member's salary and benefit package, and
this arrangement will remain in place. LA IMPACT will also continue to reimburse each
agency with a certain number of hours per month of overtime.
In order to encourage maximum participation, the JPA is set up so that Members may
withdraw without cost or penalty for a period of up to 180 days after Bylaws are adopted
by the Authority.
FISCAL IMPACT
There is no fiscal impact upon the general budget of the City. Existing agency member
is paid through asset forfeiture monies.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 6755 approving the
Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force
Joint Powers Agreement ( "LA IMPACT JPA "), thus authorizing the City's
membership in the LA IMPACT Authority and authorizing the City Manager to
execute the JPA Agreement.
Approved:
Donald Penman, City Manager
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RESOLUTION NO. 6755
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING THE LOS ANGELES
INTERAGENCY METROPOLITAN POLICE APPREHENSION
CRIME TASK FORCE JOINT POWERS AGREEMENT (LA
IMPACT JPA), AUTHORIZING THE CITY'S MEMBERSHIP
IN LA IMPACT, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE JPA AGREEMENT
WHEREAS, the City of Arcadia recognizes the need for a regional crime task
force with specialized proficiency in the area of surveillance to effectively investigate
major crimes, with an emphasis on narcotics enforcement; and
WHEREAS, the City of Arcadia currently participates in the Interagency
Metropolitan Police Apprehension Crime Task Force (LA IMPACT) as a signatory to a
Memorandum of Understanding, and supports the concept of formally organizing LA
IMPACT as a joint powers authority to clarify the rights and duties of the LA IMPACT
members and to provide LA IMPACT with legal standing as an entity on its own; and
WHEREAS, the proposed Joint Powers Agreement (JPA) establishes an Authority
to coordinate a county -wide multi - jurisdictional crime task force; and
WHEREAS, the City of Arcadia desires to become a member of the LA IMPACT
Joint Powers Authority.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the City's authority under the Joint Exercise of
Powers Act set forth in California Government Code §6500 et seq., the City Council
hereby approves that certain Los Angeles Interagency Metropolitan Police Apprehension
Crime Task Force (LA IMPACT) Joint Powers Agreement, attached hereto and
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incorporated herein by reference, thereby authorizing the City's membership in the LA
IMPACT Authority.
SECTION 2. The City Manager is authorized and directed to execute the LA
IMPACT Joint Powers Agreement to effectuate the intent of this Resolution.
SECTION 3. The Mayor, or presiding officer, is hereby authorized to affix his
signature to this Resolution signifying its adoption and the City Clerk, or his duly appointed
Deputy is directed to attest thereto.
SECTION 4. This Resolution is effective upon adoption.
SECTION 5. The City Clerk shall certify to the adoption this Resolution.
Passed, approved and adopted this day of , 2011.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
CCjItetA lCJ4Z'L4i�i
Stephen P. Deitsch
City Attorney
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