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Consent
Item No. 11.
| MEETING DATE: 10/02/2023 |
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| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: Adam Foster, Chief of Police |
| SUBJECT: | APPROVE RECOMMENDED AMENDMENTS TO THE GOVERNANCE DOCUMENT OF THE INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC), JOINT POWERS AUTHORITY
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RECOMMENDATION:
That the City Council approve and authorize the City Manager to execute the recommended amendments to the Governance Document of the Integrated Law and Justice Agency for Orange County (ILJAOC) Joint Powers Authority.
DISCUSSION:
Since June 2006, the City of La Habra has been a member of the Integrated Law and Justice Agency for Orange County (ILJAOC), a Joint Powers Authority (JPA). The JPA was formed to allow Criminal Justice Agencies in Orange County to jointly address new technology projects on a regional basis, as well as improved business processes affecting the efficiency of the Criminal Justice System in Orange County. It has the authority to move the represented agencies forward collectively on issues that would be vital in the areas of technology and software based systems.
Over the years the JPA was successful in establishing an electronic scheduling platform that serves all municipal and county law enforcement agencies. The Platform interfaces with the District Attorney's Office and Courts to perform scheduling of court cases, issuing subpoenas while taking into consideration the availability of officers. It has also established an electronic filing system that replaced the vast majority of paper Probable Cause Declarations required to be completed by arresting officers for any Felony Arrest and some Misdemeanors. The JPA was also instrumental in developing an Electronic Citation System which allows citations to be submitted without manual data entry.
It has been several years since ILJAOC reviewed the agreement among its members. The agreement has been modified on two occasions, with the last modification in June 2015. After review, several minor amendments are now being proposed to further clarify the agreement and to ensure Board Member policies conform with the requirements. The recommended changes were presented to the ILJAOC board in October 2022, and approved for presentation to Member Agencies. The following amendments are proposed:
1. Amendment adds last date the Agreement was restated and amended.
2. Section 3.01. The amendment clarifies the ongoing membership of the ILJ.
3. Section 3.02. The amendment confirms that the Orange County Chief's and the Sheriff's Association shall appoint six Board Members and one alternate Board Member who may serve as a voting member in the event less than six voting Board Members are present. Clarifies that Board Members that do not serve in an elected position may be removed for any reason by their respective appointing authorities and differentiates elected officials who may only be removed by recall.
4. Section 3.03. Requires that each Board Member have at least one alternate, and no more than two alternates, with the exception of the elected Board Members who shall have at least one alternate and no more than three alternates.
5. Section 3.04. This amendment distinguishes non-voting Member Agency representatives from the public for purposes of continuing to engage in discussion separate and apart from public comment.
6. Section 3.16. Allows the Board latitude to appoint legal counsel as it sees fit and mirrors the language of the Board's ability to appoint and Executive Director.
7. Section 8.01. Allows any future amendments to be executed in digital format, by digital signatures, and in counterparts.
8. Amendment removes the requirement that an Agency's mayor must execute an amendment to the Agreement in recognition of the fact that some or all Members Agencies have delegated the ability to approve an amendment to the Agreement to a designee of the City Council.
The amendments and agreement have been reviewed by Carney Meher, the Legal Council for ILJAOC. Attached is a redlined version of the JPA agreement, showing the proposed changes recommended by the Governing Board after the legal review process. Staff recommends that the City Council approve these amendments as the above recommended actions and amendments will serve to improve the Law Enforcement community of Orange County and allow the Governing Board the ability to advance Law Enforcement technology to the benefit of all Member Agencies.
Over the years the JPA was successful in establishing an electronic scheduling platform that serves all municipal and county law enforcement agencies. The Platform interfaces with the District Attorney's Office and Courts to perform scheduling of court cases, issuing subpoenas while taking into consideration the availability of officers. It has also established an electronic filing system that replaced the vast majority of paper Probable Cause Declarations required to be completed by arresting officers for any Felony Arrest and some Misdemeanors. The JPA was also instrumental in developing an Electronic Citation System which allows citations to be submitted without manual data entry.
It has been several years since ILJAOC reviewed the agreement among its members. The agreement has been modified on two occasions, with the last modification in June 2015. After review, several minor amendments are now being proposed to further clarify the agreement and to ensure Board Member policies conform with the requirements. The recommended changes were presented to the ILJAOC board in October 2022, and approved for presentation to Member Agencies. The following amendments are proposed:
1. Amendment adds last date the Agreement was restated and amended.
2. Section 3.01. The amendment clarifies the ongoing membership of the ILJ.
3. Section 3.02. The amendment confirms that the Orange County Chief's and the Sheriff's Association shall appoint six Board Members and one alternate Board Member who may serve as a voting member in the event less than six voting Board Members are present. Clarifies that Board Members that do not serve in an elected position may be removed for any reason by their respective appointing authorities and differentiates elected officials who may only be removed by recall.
4. Section 3.03. Requires that each Board Member have at least one alternate, and no more than two alternates, with the exception of the elected Board Members who shall have at least one alternate and no more than three alternates.
5. Section 3.04. This amendment distinguishes non-voting Member Agency representatives from the public for purposes of continuing to engage in discussion separate and apart from public comment.
6. Section 3.16. Allows the Board latitude to appoint legal counsel as it sees fit and mirrors the language of the Board's ability to appoint and Executive Director.
7. Section 8.01. Allows any future amendments to be executed in digital format, by digital signatures, and in counterparts.
8. Amendment removes the requirement that an Agency's mayor must execute an amendment to the Agreement in recognition of the fact that some or all Members Agencies have delegated the ability to approve an amendment to the Agreement to a designee of the City Council.
The amendments and agreement have been reviewed by Carney Meher, the Legal Council for ILJAOC. Attached is a redlined version of the JPA agreement, showing the proposed changes recommended by the Governing Board after the legal review process. Staff recommends that the City Council approve these amendments as the above recommended actions and amendments will serve to improve the Law Enforcement community of Orange County and allow the Governing Board the ability to advance Law Enforcement technology to the benefit of all Member Agencies.
FISCAL IMPACT/SOURCE OF FUNDING:
There is no fiscal impact associated with this action.
GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:
The recommended amendments to the Governance Document of the Integrated Law and Justice Agency for Orange County is consistent with the following areas of the General Plan:
P 1.6 Technology.
It is also consistent with the following City Council FY 23/24 Goals and Objectives:
Objective H. Implement existing and emerging technologies to improve avenues of communication and share information about public safety with the public.
Objective I. Implement methods and technology to enhance the La Habra Police Department's crime analysis function.
P 1.6 Technology.
It is also consistent with the following City Council FY 23/24 Goals and Objectives:
Objective H. Implement existing and emerging technologies to improve avenues of communication and share information about public safety with the public.
Objective I. Implement methods and technology to enhance the La Habra Police Department's crime analysis function.