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HomeMy WebLinkAbout11 - Integrated Law & Justice Agency of Orange County - ILJAOCCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 November 12, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Chief Bob McDonell SUBJECT: Proposed Joint Powers Authority — Integrated Law and Justice Agency ISSUE: Can a new governance structure (in which the City would participate) improve the manner in which we address Countywide justice and law enforcement issues? RECOMMENDATION: Approve Resolution 2002 -_ (Exhibit 1) authorizing the City of Newport Beach to participate in the Integrated Law and Justice Agency for Orange County (ILJAOC) and authorizing the Mayor to execute the Joint Powers Agreement (JPA) (Exhibit 2) associated with the City's participation. DISCUSSION - BACKGROUND Cities and County law enforcement officials have been concerned for a number of years that the methods used by the Court, the Sheriff's Office, municipal police departments, and the District Attorney's Office to interact with each other, aren't as coordinated and/or efficient as they should be. In early 1997, the Orange County Chiefs and Sheriff's Association ( "Association ") determined that over $5 million in overtime was being spent in Orange County by the various law enforcement agencies for court appearances alone, when only 1 -2% of those same officers actually testified in court. As a result, we obtained grant funding to study the witness management system in this County. We hired a nationally regarded consulting firm to do the Study, which identified several inefficiencies in the Criminal Justice System in Orange County. Accordingly, we formed a Project Steering Committee ( "Steering Committee ") that included: • Chiefs from six municipal Police Departments (appointed by the Orange County Chief's and Sheriff's Association and representing all municipal chiefs in the County); • The department heads of County Criminal Justice Agencies (including the Sheriff, District Attorney, Public Defender, and Chief Probation Officer); ILJAOC November 12, 2002 Page 2 • The Chief Executive Officer and Presiding Judge of the Court; • Two representatives from the Orange County City Manager's Association; and • A representative from the County Executive Office (CEO). The Steering Committee developed a Memorandum of Agreement (Exhibit 3) that outlined shared principles. The Agreement directed us to take a more comprehensive look at the entire Criminal Justice System in Orange County and to see how it can be improved. We secured local funding to do so after failing to get State funding, despite the assistance of State Senator Joe Dunn [D -Santa Ana]). We combined pre- bankruptcy funds contributed by cities to the Orange County Automated Teletype System (OCATS) with County- budgeted funds for criminal justice integration. We issued a request for proposals (RFP) and awarded a contract to Deloitte & Touche Tohmatsu to help us prepare a Strategic Plan ( "Plan ") for what we called the Integrated Law and Justice Project ( "Project "). The Strategic Plan examined all components of the Criminal Justice System in the County. We included all 21 municipal police departments, the Sheriff, the D.A., Probation, Public Defender, the Courts, and others in the Project. After a year of work, the Steering Committee and all members of the Association adopted the Plan in April 2001. The Strategic Plan recommended that we: Improve public safety through increased access to better information on a more timely basis; • Reduce redundant data entry and processes; Stop "reinventing the wheel "; • Become more efficient so we could re- deploy funds into other law and justice activities; • Take advantage of the national emphasis (and related funding) for integration initiatives. The Strategic Plan identified eight specific initiatives for us to implement. We specifically intended that the Plan result in modules that we could implement on a "pay as you go" basis. The initiatives are to: • Establish a governance structure; • Distribute and provide access to Court disposition information; • Provide electronic access to conditions of probation through a single -name inquiry check; • Process and deliver subpoenas electronically; • Share records and case data across jurisdictional lines and between disparate databases; ILJAOC November 12, 2002 Page 3 • Automate case filing, including establishing a case number index that unifies the different filing systems within the Criminal Justice System; • Infrastructure design (the design of a "middleware platform" to accomplish the information sharing contemplated in the Strategic Plan); • Security (the development of specific security solutions to ensure confidentiality and access restrictions, while still facilitating the contemplated information - sharing) Funding & Cost Issues. Our consultants initially estimated one -time costs at $10 -$12 million to implement the Plan. These costs are largely technology purchases, installations, and consultant assistance in that process. There will also be ongoing costs for upgrades and outside help, but it is difficult to determine these costs this early in the process. We do not envision that the JPA will have staff. Instead, existing personnel within each member agency will support the ILJAOC's work in their particular agency. Those costs to any particular member that are associated with improvements benefiting all users, will be subject to reimbursement and /or will be shared on a proportionate basis. Currently, it is the intent of the Project Steering Committee to implement the Project on a "pay as you go" basis, relying on available grant funds to accomplish the objectives. All that said, we believe that the one -time costs will be less than $10 -12 million estimate, based upon work already underway and new improvements in technology. We have already allocated $1 million in local funds (which resided in the County budget) for the Strategic Plan, secured another $2.5 million in Federal funds, and asked Representative Christopher Cox (R- Newport Beach) to request inclusion of another $4 million in the FY 2003 appropriations bill for the Departments of Commerce, Justice, and State. Representative Cox has written the House Appropriations Chairman to say this request is his "highest priority" in that specific appropriations bill (Exhibit 4). To elaborate further on the JPA's future costs, I'll stress again how difficult it is to define a specific dollar figure at this point. We have not yet formulated many of the actual "solutions" to the identified Initiatives. These solutions, which will be competitively bid, but are not even designed or built today, also make it difficult to determine the solutions' maintenance costs. Clearly, each member of the Agency as individuals and the JPA as a whole, will evaluate on -going maintenance costs in the selection of any product or service that addresses each Initiative. At some point in the JPA's future, there will be ongoing costs to the participating agencies; however, those costs will be assessed in a rational, deliberative manner, requiring a clear consensus decision by a two - thirds vote of the Advisory Board. We do know that, in addition to some on -going hardware and software maintenance costs associated with the Project in the years after implementation, there may be some contract costs for project management or reimbursable staff expenses for maintaining the system. However, we do not envision hiring any full or part-time Agency personnel. ILJAOC November 12, 2002 Page 4 We are also confident that Agency members will either donate their services for the overhead associated with this form of governance (legal advice, administrative/ budgetary support, risk management, etc.), or will only charge the JPA for direct costs associated with the assistance. Cost - Avoidance. Even though some of the long -term costs for the JPA aren't known today, we know that we will all continue to incur significant costs if we don't address the current system's inefficiencies. We'll pay for those inefficiencies at a level that far exceeds the cost associated with this Project. Here are good examples of how the Project can help reduce inefficiencies: • Citation Databases. The County's courts manually enter approximately 750,000 citations annually into their database, even after local law enforcement agencies have entered those same citations into our local databases. If we could electronically upload our information to the Court system, our collective savings would be significant. • Electronic Filing of Criminal Cases. Today, three sectors of the justice system hand - enter criminal case data. The originating agency does it first, then the DA's office, then the Court -- all by hand. These are just two examples of why this project (and the governance to support it), is so important to those who serve in and are served by the Criminal Justice System here in Orange County. PROJECT STATUS Three of the smaller Initiatives identified in the Strategic Plan (Terms and Conditions of Probation, Electronic Subpoena Service, and Court Dispositions), are currently under development, with partial completion anticipated by late this year. The Steering Committee also granted the authority to award a contract to prepare an RFP for a fourth Strategic Plan Initiative -- we have not yet awarded the contract. MORE ON GOVERNANCE One of the more difficult Initiatives identified in the Strategic Plan was the need for a strong governance, both in the short-term for the project and for the long -term management of the information sharing and efficiencies brought about through these efforts. We worked hard to craft a document that ensured good representation of those affected by the outcome, yet protected those who already had infrastructure in place for information sharing, etc. ILJAOC November 12, 2002 Page 5 We started with two primary governance alternatives, neither of which pose significant costs to their creation, although the Joint Powers Authority (JPA), results in slightly higher overhead: • A JPA, where agencies with specific powers establish a formal, separate authority to implement those powers; and • A Memorandum Of Understanding (MOU), where agencies agree to perform specific tasks in a cooperative way, via a simple legal agreement to do so. Why a JPA. Early on, a majority of the agencies on the Steering Committee clearly preferred the more formal JPA; however, the County Sheriff and the CEO preferred the less formal MOU -- they believed that the MOU would allow any recommendations made within the MOU to be "advisory only" (and not binding) to the Board of Supervisors. After considering both approaches, we developed a draft JPA agreement. The Steering Committee overwhelmingly supported the JPA, as did the Orange County City Manager's Association (Exhibit 5). Although still of the opinion that the JPA is too formal, Sheriff Michael Carona has indicated that (based upon the overwhelming support by the rest of the Criminal Justice Community), he will support and participate in the JPA if adopted. Many eyes and agencies have reviewed and revised the JPA document itself. We met several times with Dr. Michael Shumacher (the County CEO) and his staff, to work through the substantive language that is now reflected in the JPA document. The CEO has since told us that the document now protects the County's interests. Dr. Schumacher's official position is that he will not actively oppose the JPA's adoption. We didn't chose the JPA structure in a vacuum -- we sought opinions from consulting firms, corporations involved in criminal justice integration projects across the country, and a non - profit consortium funded by the Federal Government that assists criminal justice agencies with integration projects. We have attached their opinion letters (Exhibits 6, 7, and 8). They concur that an effective project implementation and the long -term success of our efficiency improvements, will require a governance which is institutionalized, as opposed to a less formal structure that may be eroded by time and changes in founding personnel. We believe a JPA will truly result in fair representation for those member agencies involved in the improvements we are attempting to effect. Voting within the JPA. The JPA requires a two - thirds majority vote for any budget - related decision to ensure there is a clear consensus for any such decision. In addition, the JPA document allows agencies to withdraw from participation and/or to be reimbursed for any costs required to improve the existing Countywide infrastructure, should that become necessary to facilitate the project implementation. ILJAOC November 12, 2002 Page 6 Overall, it is clear to virtually all those who have participated in this project since its inception that the JPA form of governance is the preferred alternative, given both our Countywide experience with less formal methods of governance for significant projects, and given the long -term implications of changes required in justice system administration as laws and technology change. CONCLUSION I am proud that -- for the first time in anyone's collective memory -- the entire Orange County Criminal Justice System has come together for a common purpose: to improve information sharing and efficiency for all those who are both members and who are affected by that system. With that common purpose comes the need for truly shared decision- making by all parties. Only with an institutionalized commitment to a better, more efficient legal system and to the long -term maintenance of that improved system, will we succeed. As a result, I therefore respectfully urge your endorsement of the formation of the Integrated Law and Justice Agency of Orange County and the City's participation in that Joint Powers Authority. Respectively submitted, V44 Bob McDonell CHIEF OF POLICE Attachments: EXHIBITS Exhibit 1 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING JOINT POWERS AGREEMENT FOR THE INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY WHEREAS, the City of Newport Beach desires to cooperate with other public agencies to exercise some or all of their powers to establish, operate, and maintain the Integrated Law and Justice Agency for Orange County ( "ILJAOC "), consistent with the Joint Powers Agreement ( "JPA ") dated 2002; and WHEREAS, the City of Newport Beach has and possesses the power and authority to finance, organize, participate, and establish a public agency to facilitate the integration and sharing of criminal justice information for the benefit of the lands and inhabitance within their respective boundaries; and WHEREAS, the City of Newport Beach and other public agencies propose to join together to establish, operate and maintain a public agency for the benefit of their respective lands and inhabitance; and WHEREAS, it is in the public interest to provide a means by which other public agencies may request services for the benefit of their lands and inhabitance; and WHEREAS, the City of Newport Beach has the authority to finance, organize, and participate in a public agency such as the ( "ILJAOC ") pursuant to California Government Code Section 6500 et seq. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach, California, pursuant to this authority, hereby adopts and approves the ( "JPA') for ( "ILJAOC "), attached as Exhibit 2 and incorporated by this reference. -1- BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take the necessary steps consistent with the ( "JPA ") for the ( "ILJAOC ") to effectuate the organization and establishment of the ( "JPA ") for the ( "ILJAOC") ADOPTED this day of , 2002. Tod W. Ridgeway, Mayor ATTEST: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Daniel K. Ohl, Deputy City Attorney City of Newport Beach -2- 1� Exhibit 2 JOINT POWERS AGREEMENT FOR INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY (ILJAOC) This Agreement is made and entered into by and between the listed cities, other entities, and County of Orange collectively referred to as "Member Agencies." This Agreement is dated 2002 for reference purposes. Member Agencies Anaheim Fountain Valley La Palma Brea Fullerton Laguna Beach Buena Park Garden Grove Los Alamitos Costa Mesa Huntington Beach Newport Beach County of Orange Irvine Orange Cypress La Habra Placentia RECITALS Santa Ana Seal Beach Superior Court CA, County Orange Tustin Westminster WHEREAS, the Member Agencies have and possess the power and authorization to finance, organize, and establish a public agency to facilitate the integration and sharing of criminal justice information for the benefit of the lands and inhabitants within their respective boundaries; and t of of n WHEREAS, the Member Agencies propose to join together to establish, operate, and maintain an agency for the benefit of their respective lands and inhabitants; and WHEREAS, it is in the public interest to provide a means by which other public agencies may request services for the benefit of their lands and inhabitants. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein the parties hereto agree as follows: PURPOSE 1.01 The purpose of the Integrated Law and Justice Agency for Orange County (ILJAOC), is to cooperate with each Member Agency in the exercise of some or all of their powers to establish a separate agency to facilitate the integration and sharing of criminal justice information /data in the manner set forth in this Agreement. 1.02 Each Member Agency expressly retains all rights and powers to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment, facilities, properties, projects, and information that it deems in its sole discretion to be necessary or desirable for its own information system needs, and that are authorized by the laws governing it. This Agreement shall not be interpreted, and the ILJAOC created herein, shall not have authority to impair or control any of the Member Agencies' respective rights, powers, or title to such equipment, facilities, properties, information, and projects, nor shall any Member Agency be required to provide additional personnel, equipment, or services to the ILJAOC, which are not already a part of the Member Agency's current operational costs, or which requires them to modify their non- ILJAOC systems or services, 2 without their consent and full cost reimbursement from other Member Agencies or other revenue sources. 1.03 Each Member Agency expressly retains all rights and powers to use other funds or funding sources to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment and facilities for their information services. 1.04 The ILJAOC is intended to provide criminal justice and law enforcement officials who have a need and right to know, with comprehensive, timely, and accurate information about a criminal suspect or offender, including identity, criminal history, and current justice status. In addition, it is intended to: a) Allow criminal justice practitioners to maintain legacy databases and share only information that has been agreed upon in advance by a majority vote of the Board or the individual agency affected. b) Reduce redundant document preparation, data entry, transmission, and storage. c) Strive to identify and achieve common interests to enhance public safety and due process. d) Maintain individual privacy rights and promote appropriate access controls and security. e) Support the development of effective criminal justice policy in keeping with the objectives of the adopted Orange County Integrated Law & Justice Strategic Plan ( "Strategic Plan ") and any amendments to that plan as approved by a majority vote of the Board. f) Strive for the compatibility of automated systems and processes among the various components of the Orange County Criminal Justice System. g) Acknowledge that each Member Agency is responsible for internal agency security for their records, technical support, etc. 3 I h) Recognize that in order to achieve overall success, resources (personnel, software, hardware, etc.), will be shared willingly and in some cases unequally by the Member Agencies, as long as that cooperation does not adversely impact the mission of the sharing member. i) Allow the Member Agencies to work together to implement the adopted Strategic Plan (and subsequent amendments to that plan), for an Integrated Law & Justice System through the information sharing which will result from that collaborative effort. 1.05 Member Agencies are not required to seek approval from the ILJAOC to purchase, install, or modify their own (non - ILJAOC owned) equipment, services, or work performed in conjunction with any legislative mandate /authority granted to or required of Member Agencies in order to carry out their respective responsibilities. Furthermore, the ILJAOC has no power or authority to control, interfere with, or inhibit Member Agencies from conducting their own internal business and/or providing their own (non- ILJAOC owned) resources or services to other entities, which may or may not be members of or served by the ILJAOC. Any changes to software or additional hardware that have been integrated into a Member Agency's existing infrastructure as part of a requirement to implement the initiatives as approved by the JPA Advisory Board, will become the sole property of that Member Agency, when without those enhancements, the agency could no longer operate their systems independent of the JPA. 1.06 Member Agencies may modify, upgrade, or otherwise alter any of their internal systems or processes without approval of the ILJAOC, as long as those modifications do not inhibit the exchange of offender data and systems implemented and/or funded by the prior action of the ILJAOC 4 CREATION OF THE INTEGRATED LAW & JUSTICE AGENCY OF ORANGE COUNTY 2.01 By this Agreement, the Member Agencies hereby create a separate legal entity to be known as the Integrated Law & Justice Agency of Orange County ("ILJAOC "). The Member Agencies may agree on a different name for the ILJAOC. 2.02 The ILJAOC shall possess in its own name and the Member Agencies delegate to it, the following enumerated powers: a) To make and enter into contracts consistent with this Agreement, including, but not limited to, contracts to purchase and /or dispose of supplies and equipment to carryout the implementation of the Strategic Plan and any adopted amendments to that plan. b) To receive compensation, gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity. c) To sue and be sued in its own name. d) To apply for an appropriate grant or grants under any Federal, State, or local programs for assistance in developing any of its programs or providing services to other public entities. e) To appoint committees, adopt rules, regulations, policies, by -laws, and procedures governing the operation of the ILJAOC. f) To add Member Agencies to the ILJAOC as approved by the ILJAOC Board and the existing Member Agencies, and execute agreements and resolutions consistent with the terms of this Agreement. g) To appoint/hire officers, employees, or agents. 5 2.03 Said powers shall be exercised in the manner provided by California law, including, without limitation, the Joint Exercise of Powers provisions of Government Code section 6500, et seq., and, except as expressly set forth herein, the Treasurer /Collector shall be subject to the restrictions upon the manner of exercising such powers as are imposed upon the Member Agency whose employee or officer is designated as the ILJAOC Treasurer /Controller pursuant to section 3.12 below. 2.04 Except as provided herein, the member agencies agree that all supplies and equipment purchased by the ILJAOC shall be owned and controlled by the ILJAOC as its sole and separate property and not as property of any Member Agency. 2.05 The ILJAOC shall operate as a separate legal entity and incur debt, separate and apart from the Member Agencies, and that its debts, obligations, and liabilities are its own and not that of the Member Agencies, except as specifically provided for herein. ORGANIZATION 3.01 The membership of the ILJAOC shall be the original Member Agencies, and any additional Agencies as approved by the Members which have executed this Agreement, and any subsequent amendments thereto, and that have not withdrawn from the ILJAOC. 3.02 The ILJAOC shall be governed by a Board consisting of six (6) Municipal Police Chiefs each elected for a three -year term by the Orange County Chiefs & Sheriff's Association to represent those Member Agencies with Municipal Police Departments. In addition to the Municipal Police Chief representatives, the 6 J'�I Board shall consist of County of Orange representatives as follows: the Sheriff, District Attorney, Chief Probation Officer, Public Defender, Presiding Judge of the Superior Court, Chief Executive Officer of the Court, and one (1) representative from the County Executive's Office who will serve at the CEO's pleasure. The Board shall also have three (3) representatives elected for three -year terms by the Orange County City Managers Association, with at least one of those representatives being from a "contract city' in the County. Each Board member, or in the absence of a Board member, an alternate designated in advance by them, shall have one vote on all matters before the Board. Such alternate members may be replaced from time to time at the appointing Board Member's discretion. All Board Members may be removed without cause by their respective appointing authorities. 3.03 Each Board member shall hold office until a successor is selected, elected, hired or appointed, as the case may be, under the powers of this Agreement and each Member Agency. The term of a Board member or alternate who is a public official or employee of a Member Agency shall terminate upon such Board Member leaving his or her position with the Member Agency. The vacancy of such a member who has left his or her position shall automatically be filled by selection, election, or appointment, as the case may be; according to the selection process adopted by this Agreement and the Member Agency whose representative has left his or her position. 3.04 Board members and alternates shall not receive compensation for their service on the ILJAOC Board, but may be reimbursed by the ILJAOC for reasonable expenses incurred in conducting the business of the ILJAOC, as provided in this Agreement, when the expenses are not paid or reimbursed by the employing Member Agencies. 3.05 The principal office of the ILJAOC shall be established by the Board and shall be located within the County of Orange. The Board may change the J`. principal office from one location to another within the County of Orange. Any change of address shall be noted by the Board but shall not be considered an amendment to this Agreement. 3.06 The Board shall meet at a location as may be designated by the Board. The time and place of regular meetings of the Board shall be determined by resolution adopted by the Board. A copy of such resolution shall be furnished to the Member Agencies. All meetings of the Board, including regular, adjourned, and special meetings, shall be called and held in a manner as provided in the Ralph M. Brown Act, Chapter 9, Division 2, Title 5 of the California Government Code commencing with section 54950 et seq., as amended. 3.07 All of the powers and authority of the ILJAOC shall be exercised by the Board unless specifically delegated to the extent permitted by law or reserved to the Member Agencies under this Agreement. Unless otherwise provided herein, each Board Member shall be entitled to one (1) vote. Except as otherwise provided herein, a majority of the full membership of the Board or their alternate present at a properly noticed meeting, shall constitute a quorum for purposes of transacting business. A majority vote of that quorum may adopt any motion, resolution, or order and take any other action appropriate to carry forward the objectives of the ILJAOC pursuant to this Agreement, with the exception of the adoption of the budget or other appropriations in excess of the adopted budget as outlined in Section 4.04 of this agreement, when a two- thirds majority of the entire membership or their alternates are required for approval. 3.08 The Board shall designate a recording secretary to establish, distribute, and post agenda notices as required by law, keep the minutes of all open meetings of the Board, and cause a copy of such minutes to be forwarded to each Member Agency within a reasonable time after each meeting. s i� 3.09 The Board may adopt from time to time policies, rules, and regulations for the conduct of its administrative affairs and that of the ILJAOC as may be required and consistent with this Agreement. 3.10 Where this Agreement requires an approval of a resolution by any Member Agencies in any matter, the approval shall be evidenced by a certified copy of the resolution or ordinance of the governing body of such Member Agency filed with the ILJAOC. It shall be the responsibility of the Board to provide certified copies of said actions. 3.11 On an annual basis, the Board shall elect two Board members to act as Chair and Vice -Chair of the Agency for the purpose of conducting the Board meetings and performing other duties as required. The Vice -Chair may carry out all the duties of the Chair in his /her absence. 3.12 The Board shall appoint an officer or employee of a Member Agency to hold the offices of Treasurer and Controller ( "Treasurer/Controller"), whose duties shall be in conformance with Government Code sections 6505 and 6505.5 and whose salary, if any, shall be established by the Board. The Treasurer /Controller shall also administer all contracts subsequent to the Board's approval and shall contract with a certified public accountant to make an annual audit of the accounts and records of the ILJAOC as provided in Government Code section 6505. The annual audit shall be submitted to the Board and each Member Agency when completed. The budget, covering a budget cycle set by the Board, shall be prepared by the Treasurer /Controller for the approval by the Board. The ILJAOC's investment policies shall be the policies of the Member Agency of the Treasurer /Controller as those may be modified by the Board of the ILJAOC. The cost of the Treasurer/Controller in carrying out his/her duties, including, with limitation, any outside professional services, shall be reimbursed by the ILJAOC. 7 /; 3.13 The Board shall have the power to appoint/hire additional officers, employees, or agents. Any officer, employee, or agent of the ILJAOC who is an officer, employee, or agent of any of the Member Agencies will continue to be subject to the Member Agency's personnel system. However, the ILJAOC may hire employees that are subject to the personnel system of the ILJAOC and said employees would not be employees of any Member Agency. Any person from any Member Agency appointed by the Board to fulfill a staff position with the ILJAOC shall possess appropriate qualifications to carry out his or her responsibilities. 3.14 The City Attorneys, County Counsel, or their Deputies of the Member Agencies may generally serve as counsel to the ILJAOC, to the extent agreed to by the respective Member Agency and permitted by such waivers of conflicts of interest to authorize such representation as may be executed by such Member Agency and the ILJAOC Board. The specific and ongoing duties of legal counsel to the ILJAOC may be rotated no less than annually and on a voluntary basis. The assignment of one of those individuals to perform the required duties shall be solicited from the legal counsels of the Member Agencies, and is subject to the final approval of the ILJAOC Board. 3.15 The officers shall perform all duties customary and appropriate to their respective offices and: a) After approval by the ILJAOC Board, the presiding officer shall sign all contracts on behalf of the ILJAOC Board. b) The secretary shall perform such duties as assigned by the Board and shall keep minutes of the Board meetings. c) The TreasuredController shall be bonded in the amount to be determined by the Board and the bond fee shall be paid by the ILJAOC. The TreasuredController shall perform the duties as set forth in Sections 3.12, 4.02, 4.03, 4.04, 4.05, 4.09, 4.10 and 4.11. io a 3.16 The Board may appoint a Project Manager by contract or otherwise to oversee day -to -day operations of the ILJAOC. The Project Manager shall manage the daily operations of the ILJAOC and supervision of any other ILJAOC employees. 3.17 All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all relief, pension, disability, worker's compensation, and other benefits which apply to the activities or omissions of officials, officers, employees, volunteers, or agents of any of the Member Agencies when performing their respective functions for their respective Member Agency shall apply to such person(s) to the same degree and extent while they are assigned to the ILJAOC to perform and are performing any of the functions and other duties of the ILJAOC pursuant to authority granted by this Agreement. None of the officials, officers, agents, volunteers, or employees of a Member Agency appointed to the Board or performing services at the direction of the ILJAOC shall be deemed by reason of their appointment or service to be employed by any of the other Member Agencies or the ILJAOC or be subject to any of the requirements of the other Member Agencies. IV BUDGET AND DISBURSEMENTS 4.01 The Board shall adopt a budget for the ensuing fiscal year(s) pursuant to procedures developed by the Board. At the conclusion of each fiscal year, the Treasurer /Controller shall make a report to the Board regarding the excess or deficiency of revenues over (or under) expenditures. Such report shall include "budget to actual' comparisons based upon the previously adopted budget. Upon receipt of the report, the Board shall determine what extent, if any, unexpended budgetary appropriations shall be re- appropriated or whether any excess of revenues over expenditures shall be allocated or expended. 11 4.02 The Treasurer /Controller shall draw warrants upon the approval and written order of the Board or the Board's Project Manager. The Board shall requisition the payment of funds only upon approval of such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures, and by -laws adopted by the Board. 4.03 All funds received by the Treasurer /Controller for services provided by the ILJAOC, will be placed in object accounts, and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Board on a quarterly basis, unless otherwise required by the Board. 4.04 All expenditures within the approved budget shall be made upon the approval of the Treasurer /Controller in accordance with the rules, policies, and procedures adopted by the Board. No expenditure in excess of those budgeted shall be made without the two- thirds majority approval of the entire Board and the budget shall thereafter be revised and amended. 4.05 The records and accounts of the ILJAOC shall be audited annually by an independent certified public accountant and any cost of the audit shall be paid by the ILJAOC. The minimum requirements shall be those prescribed by the State Controller under California Government Code section 26909 and in conformance with generally accepted auditing standards. Copies of such audit report shall be filed with the County Auditor and each Member Agency no later than fifteen (15) days after receipt of said audit by the Board. 4.06 The Member Agencies have agreed by resolution through their respective Governing Authorities to fund on a shared basis, the costs of the 12 .' Q ILJAOC operations, and capital in excess of any grant funds, through annual budget appropriations. Each Member Agency's agreement to provide such funds in fiscal years after the fiscal year in which this Agreement is executed, is contingent upon appropriation by the governing body of that Member Agency of sufficient funds for that purpose. The subject resolutions shall not limit the authority of each Member Agency to cease appropriations for the ILJAOC operations as determined by their respective Governing Authorities, provided, however, that a decision to cease appropriations shall be subject to the terms of Section 6.02 below. In addition, where the ILJAOC has an obligation under the terms of this agreement to reimburse a Member Agency for providing personnel, equipment, and /or services to the ILJAOC, the Member Agency providing such personnel, equipment, and /or services may waive its right to reimbursement. When a Member Agency incurs costs eligible for reimbursement under the terms of this agreement, those costs shall include only those, which are not part of the Member Agency's pre- existing infrastructure /operation, prior to the effective date of this Agreement. They also shall not include overhead charges. Costs for the ILJAOC operations referenced in accordance with Section 4.06 shall be shared as follows: a) Member Agencies with Municipal Police Departments and the unincorporated area and contract cities policed by the County Sheriff's Department as determined on a per capita basis = 80 %. b) County of Orange on behalf of the District Attorney, Probation Department, and the Public Defender, prorated among them equally = 15 %. c) The Superior Court of California, County of Orange = 5 %. 4.07 The Member Agencies acknowledge and agree that the ILJAOC will act as a conduit for the management, direction, and provision of integrated services to the Member Agencies and to other public agencies that contract with ILJAOC for such services. 13 4.08 Based on information provided by the Project Manager or other designated representative of the ILJAOC, the Treasurer /Controller shall keep a written account of any services provided to other public agencies by the ILJAOC. All revenues received from other public agencies contracting or receiving services from the ILJAOC for services shall be used to offset each Member Agency's proportionate obligation to fund the ILJAOC's operations pursuant to sections 4.06 and 4.10. Such revenues shall be applied against the monthly invoice to each Member Agency for said funding for the month following the month in which the revenues are received based on the same formula set out in Paragraph 4.06 (a), (b), and (c) of this Agreement. 4.09 In establishing rates for services to public agencies, the Board shall assure that the contracts for such services provide for the reimbursement of the actual expenses of providing all services of the ILJAOC, including insurance coverage for the ILJAOC's personnel and equipment. Payment for the ILJAOC services by contracting public agencies shall be made on a monthly basis to the Treasurer /Controller of the ILJAOC. The Treasurer /Controller shall provide a written monthly account to the Board of all revenues and expenses of the ILJAOC services to other public agencies. 4.10 The ILJAOC budget shall include the provision for a Capital Replacement fund that will provide for, among other things, the replacement of the equipment owned and operated by the ILJAOC. The ILJAOC Board annually shall recommend to the Member Agencies amounts needed for Capital Replacement. The amount of the provision for Capital Replacement in each ILJAOC annual budget will depend on the amounts appropriated by the Member Agencies for such purposes during each fiscal year. Said funds shall be transferred to the ILJAOC monthly by the Member Agencies for deposit in the ILJAOC's Capital Replacement fund. The actual purchase of new equipment 14 and disposal of unneeded equipment shall be done whenever determined appropriate and justified by the Board. 4.11 All revenues derived from service contracts with other public agencies shall be maintained in a separate revenue account for the ILJAOC. The Treasurer /Controller shall be responsible for accounting for all such revenue. The Board shall be responsible for determining the appropriate allocation of such funds as part of the budget adoption process. u LIABILITIES 5.01 Except as provided in Section 8.05, the ILJAOC and the Member Agencies agree, to the extent allowed by law, that the Member Agencies shall be fully protected from any loss, injury, liability, damage, claim, lawsuit, cost, or expense arising out of, or in any way related to, the performance of this Agreement by the ILJAOC. Accordingly, the provisions of this Agreement should be broadly construed in favor of protection for the Member Agencies and interpreted to provide the fullest possible protection to the Member Agencies and Member Agency's officials, officers, agents, volunteers, and employees. ILJAOC acknowledges that the Member Agencies would not have entered into this Agreement in the absence of the commitments of the ILJAOC as specified in this Article V. 5.02 The Member Agencies acknowledge that each Member Agency may be assigning its own personnel to a cooperative pool of personnel to provide service to the ILJAOC. The ILJAOC shall be solely responsible for and retain all debts, liabilities, and other obligations for all activities of the ILJAOC, and shall maintain sufficient insurance coverage in effect at all times to cover any such 15 claim, loss, liability, or obligation, as recommended by the ILJAOC Risk Manager and approved by the Board. 5.03 Except as provided in Section 8.05, the ILJAOC shall protect, defend, indemnify, and hold free and harmless the Member Agencies and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by ILJAOC employees or employees of Member Agencies who are performing ILJAOC functions, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the negligent acts or failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the ILJAOC and for which the ILJAOC will maintain sufficient insurance coverage in effect at all times as recommended by their Risk Manager, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation. 5.04 Any contract with a non - member public agency ( "non Member Agency ") receiving services pursuant to this Agreement shall include a mutual indemnification provision wherein the non Member Agency and the ILJAOC shall mutually agree to defend and indemnify the other in an amount equal to its proportionate share of liability on a comparative fault basis. The contract shall also provide: 1) That the indemnity obligation shall exist with respect to any claim, loss, liability, damage, lawsuit, cost, or expense that arises out of, or is in any way related to, the performance of services pursuant to the contract; and 2) The obligation of the non Member Agency and the ILJAOC pursuant to the indemnification provision will extend, without limitation, to an injury, death, loss, or damage which occurs in the performance of the contract and that is sustained by any third party, any agent, or contractor of the non Member Agency or the ILJAOC. 16 5.05 Member Agencies shall be responsible for the continued provision of worker's compensation coverage for the officers or employees of the Member Agencies that are assigned to provide services to the ILJAOC and /or serve as officers or employees of the ILJAOC. In this regard, each Member Agency shall defend, indemnify, and hold harmless the ILJAOC and any other Member Agencies, and their respective officials officers, employees, contractors, agents, and representatives with respect to any claim, loss, liability, damage, lawsuit, cost, or expense, including attorney's fees and costs, that arises out of, or is in any way related, to any industrial /worker compensation injury sustained by an officer or employee of the indemnifying Member Agency during the performance of service to the ILJAOC or the other Member Agencies under this Agreement. 5.06 ILJAOC shall employ the principles of sound risk management in its operations. Risks of loss shall be identified, evaluated, and treated in a manner that protects the ILJAOC and each Member Agency from adverse financial consequences. This may be accomplished in part through the purchase of appropriate commercial insurance. The Risk Manager, or his /her designee, of one Member Agency shall be designated by the Board, with the consent of the Member Agency, as the " ILJAOC Risk Manage" and shall act in an advisory capacity to the ILJAOC Board to provide guidance in the area of risk management, loss control, insurance procurement, and claims management. The ILJAOC Risk Manager will be responsible for maintaining the original insurance policies and other risk management and insurance documents. During the term of this Agreement, the ILJAOC shall purchase and maintain sufficient amounts of commercial insurance coverage at the equally shared cost to the Member Agencies. The types, limits, retention levels, deductibles, policy forms, and carriers providing the above required insurance 17 coverage's shall be recommended by the ILJAOC Risk Manager to the Board for its approval, consistent with this agreement. W ADMISSION AND WITHDRAWAL OF PARTIES 6.01 Additional public agencies may become Member Agencies of the ILJAOC upon such terms and conditions as are determined by the Board and upon the unanimous consent of the existing Member Agencies as evidenced by approval of resolutions therefore and the execution of a written amendment to this Agreement by all of the Member Agencies, including the additional Member Agency. 6.02 Member Agencies have the right to withdraw from the ILJAOC. Such withdrawals, either voluntarily or involuntarily shall, unless otherwise provided for by the Board, be conditioned as follows: a) Involuntary withdrawal shall mean those circumstances where a Member Agency must withdraw due to fiscal or budgetary impact of that Member Agency that results in the discontinuance of the funding for personnel, services, or equipment by that Member Agency. b) In the case of a voluntary withdrawal, written notice shall be given one hundred eighty (180) days prior to the end of a fiscal year except that such notice requirement may be shortened by unanimous approval of a quorum of the Board. c) Neither voluntary nor involuntary withdrawal shall relieve the withdrawing Member Agency of its obligations for its proportionate share of any debts or other liabilities incurred by the ILJAOC prior to the effective date of the Member Agency's 18 a� withdrawal (with the exception of new purchases of capital equipment after the date of the Member Agency's notice of withdrawal), nor any liabilities imposed upon or incurred by the Member Agency pursuant to this Agreement prior to the effective date of the Member Agency's withdrawal. d) The withdrawing Member Agency shall retain all rights and claims relating to revenues received by the ILJAOC during the time period that the Member Agency provided personnel, services, or equipment under the ILJAOC direction. e) The withdrawing Member Agency shall be entitled to remove its personnel and any equipment whose title was not transferred in writing to the ILJAOC from the possession and control of the ILJAOC, regardless of the impact on the ILJAOC or its continued operation. The withdrawing Member Agency may also recover any other equipment no longer needed by the ILJAOC, including equipment it previously transferred to the ILJAOC, according to the terms and conditions determined by the Board in its sole discretion to be fair and equitable. The ILJAOC Board may choose to exempt a Member Agency from any of the listed conditions, but may not impose any conditions other than those listed. VII TERMINATION AND DISPOSITION OF ASSETS 7.01 The ILJAOC shall continue to exist and exercise the powers herein until this Agreement is terminated by a vote of two - thirds of the entire Board; provided, however, that no termination shall be complete and final until the ILJAOC has satisfactorily disposed of all financial obligations and claims, 19 distributed all assets, and performed all other functions deemed necessary by the Board to conclude the affairs of the ILJAOC. 7.02 Termination shall occur upon: a) The written consent of all Member Agencies; or b) Upon the withdrawal from the ILJAOC of a sufficient number of the Member Agencies that results in a lack of effectiveness as determined by a two - thirds vote of the remaining Board Members; and c) Full satisfaction of all outstanding financial obligations of the ILJAOC; and d) All other contractual obligations of the ILJAOC have been satisfied. 7.03 In the event of the termination of this Agreement, any funds remaining following the discharge of all obligations shall be disposed of by returning to each current Member Agency of the ILJAOC immediately prior to the termination of this Agreement, a share of such funds proportionate to the contribution made to the ILJAOC by said Member Agency, to the extent determined by the Board in its sole discretion to be fair and equitable. 7.04 Notwithstanding any other provisions of the Agreement, the Member Agencies agree to abide by the following procedure for selling of equipment in the event the Agreement is terminated. The equipment shall be given a fair market value by an appraiser agreed upon by the Board. Before the equipment is sold on the open market, the Member Agencies each shall have the right to purchase the equipment at a price and under terms as agreed upon by the Board which may include a financing arrangement for the purchaser to allow for a transition period after the termination of this Agreement. If an agreement cannot be reached concerning a purchase of the equipment, then it shall be sold on the open market. Proceeds from the sale of equipment upon termination of the Agreement shall be distributed to the Member Agencies in a 20 7� manner consistent with the cost - sharing format outlined in Paragraph 4.06 (a), (b), and (c) of this Agreement, and any modifications to that formula adopted by the Board. VIII MISCELLANEOUS 8.01 Amendments. This Agreement may be amended with the unanimous approval of all Member Agencies; provided, however, that no amendment may be made that would adversely affect the interests of the owners of bonds, letters of credit, or other financial obligations of the ILJAOC. 8.02 Notices. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the Member Agencies, shall be deemed to have been received by the Member Agency to whom the same is addressed at the expiration of five (5) days after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 8.03 Effective Date. This Agreement shall be effective at such time as this Agreement has been executed by the last Member Agency to sign enumerated in the introduction of this Agreement. 8.04 Conflicts of Interest. No official, officer or employee of the ILJAOC or any Member Agency shall have any financial interest, direct or indirect, in the ILJAOC. Nor shall any such officer or employee participate in any decision relating to the ILJAOC that affects 21 his or her financial interests or those of a corporation, partnership, or association in which he or she is directly or indirectly interested, in violation of any State law or regulation. 8.05 Mediation a) Any controversy or claim between any Member Agencies, or between any such Member Agency or Member Agencies and the ILJAOC, with respect to the ILJAOC's operations, or to any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by mediation. b) The Member Agency desiring to initiate mediation shall give notice of its intention to every other Member Agency and the ILJAOC. Such notice shall designate such other Member Agencies as the initiating Member Agency intends to have bound by any award made therein. c) Each Member Agency involved in the mediation shall bear its own legal costs, including attorney fees. 8.06 Partial Invalidity If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable or void for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 8.07 Successors This Agreement shall be binding upon and shall inure to the benefit of the successors of the Member Agencies hereto. 22 8.08 Assignment A Member Agency shall not assign any rights or obligations under this Agreement without the written consent of all other Member Agencies, 8.09 Execution The Governing Authorities of the Member Agencies enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. 8.10. Entire Agreement This Agreement, supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by the ILJAOC and all Member Agencies. Dated: CITY OF: ATTEST: City Clerk of the City of: 23 IN Mayor APPROVED AS TO FORM: City Attorney Rev: 11 /04102 Exhibit 3 ORANGE COUNTY CHIEF'S & SHERIFF'S ASSOCIATION LAW & JUSTICE COMMITTEE ORANGE COUNTY LAW & JUSTICE SYSTEM MEMORANDUM OF AGREEMENT The parties to this Memorandum agree to work cooperatively to establish a seamless integrated system of information technology and services that maximizes the standardization of data and communications technology among the primary community of interest: law enforcement, district attorneys, state - funded courts, and state - funded adult and youth corrections. In addition, the parties agree to work in a variety of ways to facilitate sharing each other's data in an effort to improve the effectiveness of their respective agency and collectively, the entire Orange County Criminal Justice System. Specifically, the parties to this memorandum agree to work toward establishing a system and/or processes which will: 1. Provide criminal justice practitioners who have a need and right to know, with comprehensive, timely and accurate information about a suspect or offender to include identity, criminal history and current justice status. 2. Allow criminal justice practitioners to maintain legacy databases and share only information that has been agreed upon in advance. 3. Reduce redundant document preparation, data entry, transmission, and storage. 4. Strive to identify and achieve common interests to enhance public safety and due process. 5. Maintain individual privacy rights and promote appropriate access controls and security. 6. Support the development of effective criminal justice policy in keeping with the objectives of this project. 7. Strive for the compatibility of automated systems and processes among the various components of the Orange County Criminal Justice System. 8. Acknowledge that each participating agency is responsible for internal agency security for their records, technical support, etc. r? 9. Recognize that in order to achieve overall success, resources (personnel, software, hardware, etc.), must be shared willingly and in some cases unequally, as long as that cooperation does not adversely impact the mission of the sharing agency. 10. Form a steering committee comprised of the heads of the agencies that are a party to this agreement. Based upon the importance of the policy implications and financial commitments which may result from the efforts undertaken, those individuals agree to personally meet at least quarterly (or more often if necessary), to review the progress made and to refocus the steering committee's energy as appropriate. 11. Appoint an alternate to the group who has the authority of the agency head to make decisions in their absence in furtherance of the goals of integrating the automation systems of those agencies serving the Criminal Justice System in Orange County. The appointed alternates are encouraged to attend all of the scheduled meetings; however, they shall attend those sessions, which are in addition to the quarterly participation requirement of the agency head. 12. Provide regular project updates to their respective agency staff and managers, to ensure the agency's goals remain consistent with those of this steering committee. Work with other members of the group to create opportunities to provide those same updates to all Orange County Law & Justice agencies not represented on the Steering Committee. 13. Work together to develop a formal, long -term strategic plan to achieve a more fully integrated justice system through the information sharing which will occur as a result of this collaborative effort. 14. Identify short-term goals and strategies to demonstrate successes at information sharing, which will reinforce the value of this project. 15. During this interim period while the strategic planning process is underway, commit to only considering the purchase of information systems, which have as a predominate feature, an open architecture, so as to facilitate the kind of information sharing opportunities which are consistent with the goals of this agreement. 16. Agree to look for and pursue creative funding opportunities to accomplish the strategic planning process, and to form more specific consortiums if it appears such a vehicle is necessary in order to attract State or Federal funding for the project. 2 Revised 813199 17. Amend this agreement as necessary to accomplish the goal of more fully integrating the automation and processes, which serve the Orange County Criminal Justice System. 18. Consider drafting a Charter for the committee when appropriate, to include resolving the definition of a quorum (for voting purposes), limiting the size of the committee for efficiency's sake, and identifying the limitations of the Committee Char's ability to exercise signatory authority, commit funds, etc. AGENCIES / INDIVIDUALS CURRENTLY REPRESENTED ON THE STEERING COMMITTEE Newport Beach Police Department* Laguna Beach Police Department* Santa Ana Police Department* Huntington Beach Police Department* Buena Park Police Department* Orange County Sheriff's Department* District Attorney's Office* Presiding Judge — Orange County Superior Court Executive Officer— Orange County Superior Court Public Defender's Office Probation Department Orange County City Manager's Association ** County Executive Office * ** * Representing the Orange County Chief's & Sheriff's Association ** Represented by the Orange City Manager and the Brea Assistant City Manager * ** Represented by Leo Crawford, Assistant County Executive Officer, Information & Technology Anaheim Police Department Brea Police Department Buena Park Police Department Costa Mesa Police Department 3 Act ng Chief Roger Baker Revised 8/3199 Cypress Police Department Fountain Valley Police Department Fullerton Police Department Garden Grove Police Department Huntington Beach Police Department Irvine Police Department La Habra Police Department La Palma Police Department Laguna Beach Police Department Los Alamitos Police Department Newport Beach Police Department Orange County City Manager's Association Orange County City Manager's Association Orange County District Attorney's Office Orange County Executive Office Patrick City Manager David Rudat City of Orange Assistant City Manager Tim O'Donnell City of Brea Dist Rackauckas Leo Crawford,"Assistant CEO Information 6 Technology 4 Revised 873/99 Orange County Marshal's Department Orange County Probation Department Orange County Public Defender's Office Orange County Sheriff's Department Orange County Superior Court Orange County Superior Court Orange Police Department Placentia Police Department Santa Ana Police Department Seal Beach Police Department Tustin Police Department Westminster Police Department 5 (9G i O'L Chief Officer Alan omann CHiief Paul Walters Chief Michael Sellers :her ., .. .1 V.-LQHI glum- LurigrU65Man LOX +202 -225 -9177 L;HKIJ I UtOMK L JA CFAI0.MAN �J POLICY COM.M.TTEF HOUSE LEAOERSHIF STEERING COMMITTEE ((� yP�7}' r r��f/(�j �y } }p4 c ENERGY AND COMMERCE COMMITTEE (tCongre55 of the l'(.{ itrb gbtatrt SygDOM MiTiCt�OA: wou5e of A rpre5entatibe5 ENERGY AND AIP CL T\ TELECOMMUNICATPON` AND ^^ WN 11 April 11, 2002 The Honorable Frank Wolf Chairman Appropriations Subcommittee on Commerce, Justice, State, and the Judiciary H309 Capitol Washington, D.C. 20515 Dear Frank: CXn1D1U 4 T -898 P.002/002 F-430 2902 RAYBVPN NOV4E D.Fitt 6yllDNq VVASFrNGTON•OC 20615-0547 12021225-5611 ONE Newrcq, P,Dr Som A2C ACV FUAT BEACH. CA 92560 (969)750.2244 FINANCIAL SERVICES COMMITTEE $u4COMM'TIEE ON: CAPITAL MARKETS. INSURANCE. AND GOVERNMEM •$YON$O RCO EIVTEgogie E'a Thank you for your support last year for the Orange County Chiefs and Sheriffs Association's Integrated Law and Justice Program (earmarked in FY2002 as the "Strategic Integrated Justice System "). I wish to reiterate my strongest support for this project, and to seek your assistance in securing $4,000,000 in FY2003 through the COPS Technology account to implement it. In the wake of the September 11 terrorist attacks, President Bush has emphasized the importance of data sharing between different local law enforcement jurisdictions and federal authorities. ILJP is a pioneering program in this field - -it will apply the latest networking technology to integrate the data collection efforts of Orange County's law enforcement community. In addition to reducing duplicative paperwork and enhancing the efficiency of the County's law enforcement community in the course of its traditional duties, the ILJP will provide a model for communities across the nation to implement data sharing programs to fight terrorism. Thank you for your support for this program, my highest priority for the Appropriations Subcommittee in FY2003. Should you have any questions about the program, please feel free to contact me or have your staff contact Kevin Logan of my staff at 225 -5611. Sin Christopher Cox U.S. Representative •MA U chCistophet.cox@mail-bousc.gov CONGRESSIONAL OFFICE' h7P: / /CDX.hous6.9ov POLKY COMMITTEE: htTP : / /VOIICY•hOUSC.fl OV 9 PRINTED ON RECYCLEO PAPER Ali. Vkjn A.h ;. B. a Pork Coax Mw Cypcs Dw Pnva Fannin Valk, Fulknan GY nG.� H"mr.n Beach IryiM V Habra V Palm L,um each Laguna Hilo n Niguel U'. wood, UkGr A Los Al". Mission Vi* NGV.pon eaach Omge Placcno Ranho guns Muguaa Sm Ckmuac Samoan Gpin. Sane Am sGm each 5lanon AN Put vcamioac oM Linda Exhibit 5 Orange County City Managers' Association c/o City Manager's Office City of San Clemente 100 Avenida Presidio, San Clemente, CA. 92672 Tel: (949) 361-8360 Fax: (949) 361-8283 June 19, 2002 Chief Bob McDonell Chairman, Integrated Law & Justice Steering Committee c/o Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92663 Dear Chief McDonell: As you are aware, the Orange County City Managers Association (OCCMA) evaluated presentations on proposed governance models for the Integrated Law & Justice Project at its meeting of April 3, 2002. The first presentation was made in our general session by staff from the County of Orange Executive Office and a representative of the Sheriffs Department. A follow -up presentation was made by you and City Manger Tim O'Donnell, who serves as OCCMA's representative to the Law & Justice Steering Committee (along with Dave Rudat, City Manager, City of Orange). The latter presentation was made in an adjourned meeting for cities only. After evaluating both governance models presented, the OCCMA voted overwhelmingly to support in concept the Joint Powers Authority governance model presented by you and Tim O'Donnell. The group concurred with your "next steps" approach to refer the document to a committee of City Attorneys approved by their peers in order to evaluate the document for its legal content only. This process should avoid the problems posed in attempting to get the document approved by all of the cities and the County, without enduring a multitude of minor changes. ;n c er elye arness President, Orange County City Managers Association i:yAoccmaVnis Xintegmted law= forccment jpa.doc Exhibit 6 SEARCH The National Consortium for Justice Information and Statistics Gerald E. Wethington Agm Gary R. Cooper Chairman Executive Director March 4, 2002 Chief Bob McDonell Newport Beach Police Department 870 Santa Barbara P.O. Box 7000 Newport Beach, CA 92658 -7000 Dear Chief McDonell: I received and reviewed the draft Joint Powers Agreement QPA) for an Integrated Law and Justice Agency for Orange County OLJAOC). As you know, SEARCH, The National Consortium for Justice Information and Statistics, provides Technical Assistance to state and local jurisdictions throughout the country regarding integrated justice information systems (IJIS) planning, implementation and long- term management. From our experiences with the many sites we have worked with, it is critical to have a formal governance structure in place to manage, drive and make decisions about the planning, implementation and management of IJIS. A formalized structure serves to institutionalize IJIS and the management team, so that it can survive beyond specific individuals, personalities, and administration changes. Formal IJIS management through a JPA will ensure that resources invested in IJIS efforts survive when key players leave or an election changes the administration or leaders in this effort. Informal organization often only works as long as those individuals who initiated the project are on board. As soon as one or several leave, the effort can fall apart. Often at the state level, an Executive Order signed by the governor can get an initiative off the ground, but soon, legislation is required to create long term stability and funding for the initiative. SEARCH has observed that generally the stronger and more formal the governing agreement, the more likely it is to survive periodic changes in personnel, natural shifts in leadership, cyclical changes in funding, and occasional spikes of public interest too often triggered by notorious events. The formal structure works to institutionalize the initiative, sustaining long term planning and investment by all of the stakeholder organizations. We believe a Joint Powers Agency QPA) is more binding than a Memorandum of Understanding in that the JPA is a formally established entity governed by the California Government Code section 6500. I would refer you to the SEARCH Report: Integrated Justice Information Systems Governance Strvewrer Roles and Rerponsibilider, which speaks to this and other issues Governance Structures must face. You can find the report at www.search.orrg /integration. 7311 Greenhaven Drive, Strife 145 •Sacramento. California 95831 it I hope this information helps. If you have any additional questions or would like to discuss this further, please feel free to call me at (91 G) 392 -2550. S ly, elly j. rris hector, Justice IT Services Exhibit 7 Deloitte & Touche LLP Suite 1200 695 Town Center Dr!ve Costa Mesa,Califomia 91626 -1924 rel. (7141436.7100 Fax: (714)436 7200 www.us.cleloitte.com Deloitte & buche March 4, 2002 Chief Bob McDonell Chairman Orange County Integrated Law & Justice Committee C/O Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA, 92660 Dear Chief McDonell, We have read and from a business perspective understand the proposed Joint Powers Authority (JPA) agreement for an Integrated Law and Justice Agency in Orange County (II.JAOC) and believe it constitutes a valuable framework for the future. Based on our extensive global experience consulting to Law and Justice Communities as well as a host of other Public Agencies, we believe an effective govemance structure with an appropriate degree of formalized structure and binding commitments is a critical component for sustainable success. While working with this committee last year, we reviewed integration projects across the country in an attempt to find best practices of governance structures for this type of project. What we found at the time varied widely in terms of intent, structure, continuity and funding mechanisms. We identified a number of initiatives using informal MOU style governance structures. Many of these were for initiatives undertaken at a County and local government level, in some cases incorporating several counties. The data indicated that these types of agreements were used when there was no master agency or mechanism. It was generally assumed the agencies were unwilling to relinquish control to another peer agency. The other end of the spectrum of governance models was one in which a single entity had some level of natural authority over all of the other participating agencies. This model was generally seep at the State level or where the County structure had authority over the majority of the participants. In this model, the senior agency, often the Governor's office would establish an integration office with a budget and authority to impose some set of conditions or degree of participation on the participating agencies. While both models had resulted in projects with varying degree of success, our general observation was that models with a formalized structure and the ability to compel agencies to action achieved higher degrees of integration and, perhaps more importantly, sustained and progressively effective activity after their initial project. Deloitte Carlsbad Las Vegas Los Angeles Phoenix Reno San Diego Touche Tohmatsu Page 2 The proposed JPA concept clearly falls somewhere between the two models discussed above. It has the benefit of having a formal structure and putting the participants into the position of having to make commitments over a relatively long term. At the same time, it does not create dictatorial authority over any agency, as the participants of the initiative jointly define the priorities, programs and set the mandate for the JPA. Once set, the agencies are compelled by the structure to support the JPA and its mandate. It also incorporates safeties for participants. if an agency finds that participation is no longer supportable or is not in its best interest, it may withdraw based on the conditions laid out in the IPA. The challenge faced by the participants in this type of integration initiative is not unlike any group of Public Sector entities trying to get something done across agencies. No one agency has the ability to set policy for all of the others. Issues come up, often outside of anyone's control, that divert the attentions and priorities of an agency away from the common goal. Sometimes these diversions are permanent, sometimes only short term. Elections occur, administrations and sponsors change. By putting a formalized structure such as this JPA in place, the common goals of the group may be insulated from temporary redirections. If the change in focus is permanent, the agency with the need to change has to be able to change in accordance with our system of political accountability. Once one participant realigns or withdraws, the balance of the group then needs to determine how to continue forward to achieve their goals or how to redirect their efforts towards a revised goal. We hope this letter provides thoughts that help Orange County finalize and adopt an effective governance structure for its Integrated Justice Community. The creation and empowerment of the governance framework is a critical decision with serious import for the ultimate success and degree of integration you will achieve. The proposed JPA appears to be a sound conceptual model to provide the needed framework of both structure and flexibility. We would be pleased to discuss the concepts and options further with yourself or any others from the Committee or participating agencies. Please call either Stephenat (916) 288 -3920, Frank at (908) 673- 5370, or myself at (714) 436 -7189 should you have any questions or comments. Sincerely, 1 Steele Partner Managing Director Deloitte & Touche ql TRW Syslens & laiorma!ion Technology YCrr 7i;0> sloPe;b, cl Smn' 300 i;a Angcles f4 du(111 April 10, 2002 Chief Bob McDonell Chairman Orange County Integrated Law & Justice Committee C/O Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, California 92660 Dear Chief McDonell, Exhibit 8 ® ■d/ s e ?®® We have followed your committee's progress over the last couple of years and applaud your efforts in attempting to create a more effective governance structure for your project. As you know, TRW has been privileged to be involved with some of the largest and most complex public safety projects in this country and in Europe over the last ten years. Many of our larger projects involve multiple agencies. We are happy to report that the outcomes for all of our projects have been positive for the agencies involved as well as for the taxpayers served by those agencies. However, we are painfully aware of the costly delays and missed opportunities that have come about because of the layers of approvals that were forced upon our clients. We have reviewed the proposed Joint Powers Authority (JPA) agreement and believe it will serve the citizens of Orange County well by creating a more effective and efficient project management structure. Based on our experience these efficiencies almost always lead to better results for less cost. Sincerel yours re 5h' Yom' Jr. . Director, Business Development Western Region Public Safety, Transportation and Aviation