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ADOPT A RESOLUTION APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT BETWEEN SAN JOAQUIN COUNTY AND CITY OF STOCKTON, FOR AB 109 FUNDING OF THE COMMUNITY CORRECTIONS PARTNERSHIP TASK FORCE AND AMEND THE FISCAL YEAR 2017-18 ANNUAL BUDGET
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize the City Manager to execute the Independent Contractor Agreement with San Joaquin County to accept AB 109 funding for the San Joaquin County Community Corrections Partnership Task Force;
2. Authorize the City Manager to accept $768,629 in Fiscal Year (FY) 2017-18 Police Grant Funds as Fiscal Agent for the cities of San Joaquin County; and
3. Approve an amendment to the FY 2017-18 Annual Budget to increase the Police Grants and Special Programs San Joaquin County Community Corrections Partnership Task Force revenue estimates and expenditure appropriations by $768,629.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
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Summary
Since 2012, the San Joaquin County Community Corrections Partnership (CCP) Task Force (Task Force) supported prison realignment through the use of a Problem Oriented Policing (POP) model. The Task Force focuses on offenders who are wanted for a new crime or compliance violation, have a history of violence, are repeat offenders or are at high risk of becoming repeat offenders. Funded through a combination of AB 109 Prison Realignment CCP funds and State funds allocated for local law enforcement, the Task Force services each of the cities within San Joaquin County throughout the year based on identified need. This Agreement for $768,629 will fund the cost of the core Task Force team as well as some overtime activities. No new State funding is anticipated in FY 2017-18; therefore, $481,881 in excess funds from prior years is required for full funding of the Task Force activities in FY 2017-18. The existing $481,881 combined with the new appropriation will provide total funding of $1,250,510 for the Task Force in FY 2017-18.
DISCUSSION
Background
California Assembly Bill 109 (AB 109) was intended to reduce the State’s prison population by shifting responsibility for certain felons to local government. Implementation of AB 109 began in October 2011 and resulted in an increased number of offenders returning to local communities. The State provided AB 109 grant funding to local communities for additional services related to the returning offenders. After the implementation of AB 109, the City of Stockton and other cities within the county experienced an increase in crimes committed by previous offenders. Combined with reduced revenue, budgets, and staffing, local law enforcement has been challenged with adequately maintaining public safety services to members of the community.
The Marshall Plan on Crime is a guiding document which looks at public safety challenges from a broader perspective than a single entity, such as the City. The Task Force was established and funded through the San Joaquin County CCP’s AB 109 funding in October 2012. The initial Task Force consisted of a core group staffed by a Stockton PD Sergeant and officers from Tracy, Lodi, and Manteca. Since that time, the Task Force coordinated with other efforts resulting from the Marshall Plan and will continue to be a valuable component in the overall mission to address crime and accomplish the City Council’s goal of increasing public safety.
Between FY 2012-13 and FY 2016-17, the area Police Chiefs recommended using the funds allocated from the State identified through the Budget Act of 2012 to supplement the efforts of the Task Force. The City of Stockton acts as the fiscal agent for the city police departments within San Joaquin County and received lump sum payments from FY 2012-13 through FY 2016-17. These State funds paid for an additional Stockton Police Department (SPD) Police Officer, a SPD Crime Analyst, and a Sheriff’s Deputy contracted to provide police services in the City of Lathrop. In addition, State funds were held in reserve each year to be used in the event new State funds were not allocated. FY 2017-18 is the first year no State funds are allocated to the Task Force and the reserve is being used to fund the three full-time positions noted above.
There is an existing Memorandum of Understanding (MOU) outlining the operational goals of the Task Force. Through this document, the Task Force maintains flexibility to respond to the needs of each community within the entire County. Task Force members can function as a member of the team that moves from one city to another, or as an individual officer in their home agencies.
Present Situation
As noted above, the Task Force is comprised of a core group funded through this Agreement with the County, and supplemented by additional positions afforded through the State funds. A proposal for additional AB 109 funding in the amount of $768,629 was submitted and included in the San Joaquin County Public Safety Realignment Plan for FY 2017-18 to fully fund the current participation of the core Task Force from Stockton, Lodi, Tracy, and Manteca (Attachment A).
The lump sum payments from the State allowed for a modest reserve balance to accumulate in anticipation of State funding not being allocated for local law enforcement agencies. These unexpended funds from prior years are available for Task Force activities. For FY 2017-18, the recommendation of the area Police Chiefs is that $481,881 of the reserve be used to fund the supplemental Task Force staff. These funds, combined with the $768,629 from San Joaquin County, will maintain the current staffing level of the Task Force while the area Police Chiefs review the Task Force’s activities and make a recommendation for future staffing levels. It is not anticipated that sufficient funding will be available to sustain both the core and supplemental Task Force positions beyond FY 2017-18.
FINANCIAL SUMMARY
City General Funds are not used to support the Task Force. The Police Department’s FY 2017-18 Proposed Budget did not include the new AB 109 appropriation request because it was not approved by the Community Corrections Partnership Executive Committee until March 28, 2017.
The San Joaquin County Public Safety Realignment FY 2017-18 Budget proposal includes $768,629 allocated for the Task Force. Revenue and expenditure appropriation, both in the amount of $768,629, is requested as part of the approval of the Agreement. Revenue and expenditures will require an increase in appropriation to the FY 2017-18 Police Grants and Special Programs Fund Budget:
• Revenue appropriation of $768,629 in account number 025-6478-334.
• Expenditure appropriation of $768,629 in account number 025-6478-530.
An additional expenditure of $481,881 from the Police Special Grants CCP Task Force contingency balance is required to cover the remaining supplemental costs of the Task Force, bringing the total expense budget for the Task Force to $1,250,510.
There have been no changes made to the covered activities from FY 2016-17. With the anticipated elimination in revenue from State funds, the reserve balance is available to phase out of the Task Force activities without causing an abrupt stop in the program. The area Police Chiefs will be reviewing the activities, staffing, and available funding for the Task Force during this year and will make a recommendation for FY 2018-19. It is not anticipated that sufficient funding will be available to maintain the current staffing and activity level of the Task Force in future years.
Police Department Special Revenue Grant Fund Account No. 025-6478-530 tracks all Task Force activities. Task Force services provided by the outside agencies are billed to the City on a quarterly basis. Those services covered by the AB 109 allocation are then processed for reimbursement from the County through the City’s miscellaneous receivables process.
Attachment A - Independent Contractor Agreement - San Joaquin County