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HomeMy WebLinkAboutCC Resolution 10203 (Major Crimes Task Force)RESOLUTION NO. 10203 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE SIGNING OF AN ADDENDUM TO THE 1995 MARIN COUNTY MAJOR CRIMES TASK FORCE JOINT EXERCISE OF POWERS AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an addendum to agreement with the Marin County Major Crimes Task Force, a copy of which is hereby attached and by this reference made a part hereof. I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on MONDAY, the 4th day of MAY , 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: HELLER, MILLER, PHILLIPS & MAYOR BORO NOES: COUNCILMEMBERS: NONE ABSENT COUNCILMEMBERS: COHEN ���,MLEONCINI, y r JEAN�iI City Clerk ADDENDUM TO JOINT POWERS AGREEMENT RECITALS 1. The COUNTY OF MARIN (hereinafter "COUNTY"), the CITIES/TOWNS OF BELVEDERE, CORTE MADERA, FAIRFAX, LARKSPUR, MILL VALLEY, NOVATO, ROSS, SAN ANSELMO, SAN RAFAEL, SAUSALITO and TIBURON, and the CALIFORNIA HIGHWAY PATROL (hereinafter "CHP") have authority to perform law enforcement functions for their respective communities and desire to help each other in the detection, apprehension and prosecution of major crimes, including highly mobile criminal narcotic trafficking, thus reducing major narcotic activity and combatting its influence throughout the County. 2. Said parties are authorized to contract with each other for the joint exercise of any common power pursuant to California Government Code Sections 6500-6514. 3. Said parties are authorized to conduct activities in a manner set forth in California Penal Code Section 830.1. 4. All parties with the exception of the CHP have previously entered into a Joint Powers Agreement in 1995. That Joint Powers Agreement is still valid, operative and binding on those parties. The purpose of this Addendum is to add the CHP to the Joint Powers Agreement under specific terms and conditions. The parties recognize that the CHP has previously provided an officer to the Marin County Major Crimes Task Force and the CHP desires to become a member of the Marin County Major Crimes Task Force Oversight Committee on specific terms and conditions. SAID PARTIES, THEREFORE, MUTUALLY AGREE THAT THE 1995 MARIN COUNTY MAJOR CRIMES TASK FORCE JOINT EXERCISE OF POWERS AGREEMENT IS VALID, OPERATIVE AND BINDING AND THAT THE PURPOSE OF THIS ADDENDUM IS TO ADD THE CHP TO THAT JOINT POWERS AGREEMENT UNDER SPECIFIC TERMS AND CONDITIONS AS FOLLOWS: A. The Marin County Commander of the CHP shall become a voting member of the Marin County Major Crimes Task Force Oversight Committee under the following terms and conditions: 1. The CHP agrees that the provisions of the Marin County Major Crimes Task Force Joint Exercise of Powers Agreement prepared, printed and executed by the parties to that Agreement in 1995, shall be valid, operative and binding on it. It is attached as Exhibit A to this Agreement and incorporated herein by reference. 1 2. The CHP agrees that its voting rights on the Marin County Major Crimes Task Force Oversight Committee shall be operative if and only if the CHP is currently providing a full time officer to the Marin County Major Crimes Task Force under the conditions outlined in Paragraph 3 below. a. The CHP's voting rights under this Joint Powers Agreement shall be the same as any other member of the Marin County Major Crimes Task Force Oversight Committee while it retains the power to vote. b. The parties specifically agree that the CHP forfeits its right to be a member of the Oversight Committee and thus, its power to vote, if for any reason the CHP fails to provide an officer to the Task Force. (1) Exception: Where there is only a temporary vacancy between CHP officer assignments to the Task Force, the CHP shall retain its right to vote during the vacancy. A temporary vacancy is defined as a thirty (30) day period where the CHP is unable to make the new assignment of an officer(s) to the Task Force. Where the duration of the vacancy is for more than thirty (30) days, then the above mentioned provisions of Section A. 2. and 2 b. are applicable at Task Force's discretion. 3. CHP officer(s) assignment to the Task Force. a) Selection of CHP officer, scheduling, vacation, and other conditions. The selection of a CHP officer shall be approved by the Task Force Commander. However, the CHP reserves the right to select candidates to be assigned for training. The selection shall be based on past and present performance evaluations as well as the officer's potential to successfully complete the assignment. The CHP will .incur all salaries, benefits, overtime, and any travel expenses for CHP officers assigned to the program. The CHP officers' regular days off (RDOs) will coincide with the RDO's of the Task Force personnel providing they meet the requirements of the Fair Labor Standards Act (FLSA). If changes need to be made to RDOs, the changes shall have prior approval of a Task Force supervisor to ensure compliance with FLSA. 2 While assigned to the Task Force, the CHP officer's use of Compensatory Time Off, vacation or annual leave credits shall have prior approval from the Task Force supervisor. Scheduled vacations do not need additional approval unless a change is desired. If a vacation is scheduled during the training period, the Task Force supervisor shall be notified of the vacation at the start of the assignment. If self or family sick leave credits are needed by the CHP officer(s) while in the program, the officer(s) shall notify his/her Task Force supervisor and a CHP supervisor at the start of the work shift that will be missed. All terms and conditions of the CHP officer's labor contract shall be in effect and abided by even though the employee is assigned to the Task Force. CHP officer(s) assigned to the Task Force shall be deemed continuing under the employment of the CHP and shall retain the same powers, duties, privileges, responsibilities, and immunities as are conferred upon him/her as a peace officer in his/her own jurisdiction. b) Liability, indemnification and California Labor Code Section 4850 issue. (1) Worker's compensation. The CHP shall be liable for any and all worker's compensation benefits for CHP officer(s) injured in the course and scope of his/her duties while assigned to the Task Force. This will include industrial injuries/illnesses and hazardous exposure. The need for preventative medical care shall be reported to a CHP supervisor immediately. Preventative medical care is that care or treatment which is rendered due to an on the job exposure to a communicable disease which does not amount to an industrial injury. (2) Indemnification. Article 5 of the Joint Powers Agreement is applicable to the actions of the CHP officer with the exceptions noted above relating to workers' compensation, the following special indemnification provision and subsection (3) 3 c) below relating to California Labor Code Section 4850. (a) CHP agrees to defend, indemnify and hold harmless the TASK FORCE, the COUNTY OF MARIN, each member agency of the Task Force as identified in Recital 1 of this Agreement, members of the TASK FORCE or its authorized representative for any action brought by its officer against the TASK FORCE, the COUNTY or the MARIN COUNTY SHERIFF'S DEPARTMENT, or any of its deputies, employees or representative for any injuries incurred by the CHP officer which arise during the course and scope of the CHP officer's performance of duties with the TASK FORCE. (3) California Labor Code Section 4850. Should the CHP officer be injured in the line of duty and be entitled to benefits under the provisions of California Labor Code Section 4850, the CHP (State of California) shall be responsible for payment of such benefits. Standard Operating Procedures. (1) All CHP officer(s) assigned to the Task Force shall abide by all CHP policies and procedures during the course of his/her assignment. CHP officer(s) assigned to the Task Force shall continue to attend all mandated CHP training as required (e.g., Area training days, range, OST/PMA, EMT, recertification, etc.). (2) CHP officer involved shootings will be investigated by the Department having investigative jurisdiction. Additionally, the CHP will conduct a separate and concurrent shooting investigation for administrative purposes. On -duty supervisors from both departments shall be notified immediately. On -duty vehicle accidents will be investigated by the department having jurisdiction. If the accident involving the CHP officer occurs within an incorporated city, the CHP will conduct a separate investigation for administrative purposes. On -duty supervisors from both departments shall be notified immediately. 4 (3) For actions, other than minor counseling, the CHP will be responsible for investigating any act or omission by a CHP officer that may result in Adverse Action. (4) Performance evaluations shall be the primary responsibility of the Task Force supervisor in charge of the CHP officer. The monthly evaluations required by CHP policy shall be the responsibility of the CHP. (5) Whenever overtime is incurred and claimed by the CHP officer, the Task Force supervisor shall initial the officer's CHP -415, "Daily Field Record," and a Marin Area CHP supervisor shall then sign the CHP -415. (6) Personnel complaints alleged against a CHP officer that are not resolved by a Task Force supervisor, will be forwarded to the CHP. If a formal complaint is to be investigated, it will be the responsibility of the CHP to conduct a complaint investigation as it pertains to a CHP officer. Complaint investigations conducted by the Task Force will be governed by Task Force policy and procedures. (7) CHP officers, including those assigned to the Task Force, shall not enter "confined spaces" (as defined in Title 8, Section 5156, General Industry Safety Orders) unless a Task Force supervisor trains and equips the CHP officer pursuant to Title 8, Section 5157 et sea. (8) Equipment. The CHP will be responsible for providing and maintaining all issued safety equipment normally used by CHP personnel. Any other equipment (e.g., vehicles, radio and other investigative tools) necessary to perform the duties assigned to the Task Force will be provided and maintained by the Task Force. 4. The CHP specifically agrees that neither it nor the State of California shall participate in any share or proportionate share of any proceeds of asset forfeitures which are obtained by the Marin County Major Crimes Task Force. The CHP specifically waives any rights to proceeds of asset forfeiture that are obtained in any 5 manner by the Marin County Major Crimes Task Force. a. Exception: When a case is referred to the Task Force by the CHP and asset forfeitures are obtained in that case, the CHP shall be entitled to a proportionate share of the asset forfeitures in that case. The parties recognize that this exception represents the same arrangement that any public entity receives from the Task Force. B. Article 2, Section 2, is hereby amended to provide that the Governing Board consists of ten (10) members, with the addition of the CHP Commander. All other sections of Article 2 shall remain in effect. The CHP term of office shall commence on March 1, 1998 and the CHP representative shall serve terms of two years with the first reappointment occurring on January 1st of even -numbered years. C. Article 3, Section 3.1(a) is hereby amended to authorize assignment of one or more officers of the CHP to be assigned to the Task Force under the terms and conditions outlined in Section A. 3. of this Addendum. Aside from providing an officer to the Task Force, the CHP shall not be responsible for any member contributions pursuant to Article 4 of the original Joint Powers Agreement. D. Other Provisions. 1. All other provisions of the original Joint Powers Agreement (Exhibit A) shall be binding on CHP. These provisions include the provisions of Articles 1, 2, 3, 4, 5, 6, 7, and 8. 2. Exceptions. To the extent that any provision of this Addendum conflicts with the original Joint Powers Agreement, the provisions of this Addendum shall be applicable. Specifically, the parties also recognize that the following provisions of the Joint Powers Agreement (Exhibit A) are not applicable: 2.8(i): To the extent that the CHP shall not be allocated or be entitled to any proceeds of asset forfeiture except as provided in Section A. 4. a. of this Addendum. 4.2: CHP shall not be responsible for member contributions since it is responsible for providing an officer. R Article 5: - To the extent that it conflicts with paragraph 3 (b) (1) (2 ) and ( 3 ) of this Addendum. E. Termination of this Agreement. 1. Either the Marin County Major Crimes Task Force Oversight Committee or the CHP shall have the absolute right to terminate this Agreement by providing thirty (30) days written notice to the other party. Upon expiration of such thirty days written notice of termination, all rights and obligations of either party shall cease, including the right of the Marin County Commander of the CHP to be a voting member of the Task Force Oversight Committee. IN WITNESS WHEREOF, the parties hereto have set their hand the day and year below written. Dated: �Y `-' �3 I q �$ STATE OF CALIFORNIA HIGHWAY PATROL CLERK 7Da(te.COUNTY OF MARIN BY: CLERK Dated:' ti, /q j CLERK /f Dated: ;-1-1,�W 7 CITY OF BELVEDERE BY:+—A 11 \., TOWN OF CORTE MADERA CLERK Dated: RK Dated: ��W- L --A CL Dated: G - Zd c k' CLERK Dated: CLERK Dated: q� 1 ► \ 1 *LR 0 TOWN OF FAI FAX BY. �. CITY OF LARKSPUR BY: VtcllUl/y V� , W,14 - CITY OF MILL VALLEY BY: /) CITY OF NOVATO TOWN O OSS BY: Dated.. u - 67 - qF Dated: CLERK Dated. 47- S--,90 CL RK Dated: CLERK` taskfortz\tatkfor 9 LNSELMO CITY OF SAN RAFAEL BY: CITY OF SAUSALITO d 7 BY: TOWN OF OF TIBURON BY. d