Loading...
HomeMy WebLinkAboutItem 1e: Resolution 6755 Approving the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement ti 4 � e o R f c . 9 � `" � Ir i • ,c r1i1., :,,. r Aa YUai�5 a 1 C' z ��h,�yota STAFF REPORT 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. 1 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. 2 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. 3 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 4 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 1 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 2