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PUBLIC HEARING FOR THE 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM AWARD
recommended action
RECOMMENDATION
It is recommended, at the conclusion of the public hearing, that the City Council adopt a resolution:
1. Approving Amendment No. 5 to the Inter-local Memorandum of Understanding between the City of Stockton and the County of San Joaquin for the Edward Byrne Memorial Justice Assistance Grant Program Award;
2. Approving the recommended use of funds ($383,843) as stated in the JAG Program 2016 Funding Recommendations;
3. Approving the appropriation of grant funds upon receipt of an executed Grant Agreement; and
4. Authorizing the City Manager to execute all grant award documents as required by the U.S. Department of Justice Bureau of Justice Assistance.
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Summary
The U.S. Department of Justice has announced the 2016 funding allocation for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This year, the City of Stockton and San Joaquin County are eligible to receive a combined allocation of $383,843, with the City’s allocation at $326,539, and San Joaquin County’s allocation at $57,304. Due to this disparate allocation wherein the County’s allocation is smaller than the City’s, the granting agency mandates that the City and County meet and agree to a redistribution of funds. In 2011 and again in 2014, the City and County entered into an Inter-local Memorandum of Understanding (MOU) concerning this funding and agreed to form a county-wide Firearms Reduction Consortium (FRC) for a three-year term. The proposed Amendment No. 5 (Amendment) to the MOU represents the final year of the second term, and sets forth the reallocation of funds.
Representatives from the County agencies and the Stockton Police Department (SPD) met in June 2016, and agreed on the allocations set forth in the proposed Amendment to the MOU, attached as Exhibit 1 to the Resolution. Other than adjusting the MOU to reflect the allocations for the upcoming fiscal year, no other changes are recommended at this time. The granting agency requires a public hearing be held to allow for public comment and testimony on the proposed use of funds.
DISCUSSION
Background
The City has received JAG program funds since 1997 with the specific goal of helping local government combat crime and improve public safety. Six specific law enforcement-related categories of programs are eligible for the use of these grant funds:
A. Law enforcement
B. Prosecution and court
C. Prevention and education
D. Corrections and community corrections
E. Drug treatment
F. Planning, evaluation, and technology improvement
In 2011, following the approval of an MOU concerning the County’s and the City’s use of these grant funds, City staff and representatives from the San Joaquin County Sheriff’s Office Probation Department, and the District Attorney’s Office agreed to establish an FRC due to the prevalence of illegal firearms in the greater Stockton area. Given the recent fiscal struggles of both the City and County, a concentrated effort to reduce firearms would be impossible without grant funding. Further, since firearm reduction is deeply integral to fighting crime, the City and County agencies have agreed to dedicate future JAG allocations, as available, toward funding the FRC for a minimum of three years.
Four amendments to the MOU were approved in June 2012, July 2013, June 2014, and June 2015, to set each year’s allocation of funds between the grantees based on the allocations provided through the U.S. Department of Justice and for the purposes of continuing to operate the FRC.
Present Situation
The JAG is allocated by a formula based on both population and violent crime rate. Cities receiving a formula allocation larger than their County (referred to as disparate status), are allowed to modify the formula allocation to accommodate the jurisdiction’s particular need. Grant guidelines mandate that the City and County participate in a joint planning process and agree on a final funding split. For the City and County, the disparate status allows the City to share in the high cost of services placed on the County District Attorney, the County jail, and the County Probation Department.
The FRC provides funding for: 1) a contracted Firearms Examiner position, 2) a portion of a Deputy District Attorney assigned to prosecute persons determined to be associated with illegal guns, and 3) overtime staffing costs for the San Joaquin County Sheriff’s Office Probation Department and the Stockton Police Department in order to fund at least four proactive firearm missions each year.
In addition to the four firearm missions conducted in a given year, the Firearms Examiner and Integrated Ballistic Identification Systems (IBIS) equipment are available for use during any firearm investigation by the SPD, San Joaquin County Sheriff’s Office, and the surrounding region as time permits. Current and future uses of the IBIS equipment are coordinated through the FRC, other regional partners, and with Federal agencies such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Federal Bureau of Investigation; and the U.S. Department of Justice.
As part of the grant application, the City and County must agree to distribute the funds and execute an amended MOU outlining the agreed upon funding split and other provisions associated with grant administration. For 2016, the purpose and use of the funds remains the same; therefore, the straightforward Amendment to the existing MOU (Exhibit 1) outlining the change in the allocation amounts for the upcoming fiscal year, is proposed.
Included in the Amendment is the Joint Spending Plan, entitled "Edward Byrne Memorial - Justice Assistance Grant Program 2016 Funding Recommendations." The plan for 2016 follows the same funding strategy set forth in prior years, with the City allocating its share of $195,760 to fund a contract for a Firearms Examiner and pay for overtime associated with the joint FRC missions. The County will spend its share of $188,083 on overtime costs associated with joint FRC missions and firearms prosecution.
Publication
The Notice for Public Hearing was published in The Record on Saturday, July 16, 2016.
FINANCIAL SUMMARY
The combined 2016 JAG Allocation is $383,843 for the City and County and must be used within 36 months. The grant does not require a local funding match. For grant tracking and auditing purposes, Police Grants and Special Programs account number 025-6435 will be used for the 2016-17 JAG. As described above, a revenue appropriation in the amount of $383,843 is needed in Account No. 025-6435-331, and expenditure appropriation in the amount of $383,843 with $188,083 allocated to the County and the remaining $195,760 to the City. Funding will be appropriated upon approval from the granting agency.