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sr-041211-3bCity Of City ~®~~~Iil ~\~p®~ Santa Monica City Council Meeting: April 12, 22011 Agenda Item: ~ 6 To: Mayor and City Council ' From: Timothy J. Jackman, Chief of Police Subject: Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement ("LA-Impact JPA"). Recommended Action Staff recommends. that the City Council: 1) Adopt a resolution 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. 2) Authorize the City Manager to negotiate and execute the JPA Agreement. Executive Summary 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 Ahgeles County. The primary focus of LA IMPACT is to investigate major crimes, with an emphasis on dismantling mid to major level drug trafficking organizations. LA Impact has specialized proficiency in the following areas: major drug trafficking organizations, money laundering, covert operation information development, clandestine laboratory investigations, transportation and parcel interdiction and gang enforcement. In 2005, the California Court of Appeal issued a decision stating that LA IMPACT is a local public agency and therefore is subject to the Ralph M. Brown Act. Additionally, LA IMPACT has been the recipient of two law suits. 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 current 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 into a Joint Powers Authority governed by an agreement that explicitly addresses these and other issues of legal concern. 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. The primary focus of LA IMPACT 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'S primary focus 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, covert operation information development, clandestine laboratory investigations, transportation and parcel interdiction and gang enforcement. LA IMPACT is the primary clandestine laboratory response team for Los Angeles County. The task force conducts short to long term conspiratorial investigations with advanced investigative techniques. 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 such areas as property crimes, financial crimes and crimes againsf persons, in addition to and in support of narcotic enforcement and gang investigations. In 2005, the California Court of Appeal 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 2 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 current 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 into 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. This working group, including Culver City's Police Chief and a representative from the Culver City Attorney's office, drafted a Joint Powers Agreement (JPA) (Attachment 1) that will form the (A Impact Authority. The JPA will become effective after not less than ten cities have authorized and executed the Agreement, and 45 days have elapsed after not less than ten cities have authorized and executed the agreement. JPA Kev 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 3 5) To sue and be sued in its own name 6) To apply for, receive and utilize appropriate 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 this Agreement Governance LA Impact will be governed by a Board of Directors, which shall be comprised of the President of the Los Angeles County Police Chief's 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 Chief's 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 4 as may be necessary. Financial Impacts & Budget Actions No financial impacts or budget actions are anticipated. Prepared by: Pasquale J. Guido, Lieutenant Forwarded to Council: ,~ Rod Gould City Manager Attachments: A. LA Impact Joint Powers Agreement 5 Approved: Reference Resolution No. 10568 (CCS) and Contract No. 9351 (CCS).