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PUBLIC HEARING FOR THE PROPOSED USE OF THE 2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
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RECOMMENDATION
It is recommended, at the conclusion of the public hearing, that the City Council adopt a resolution:
1. Authorizing the City Manager, or designee, to accept the Edward Byrne Memorial Justice Assistance Grant 2022 allocation in the amount of $390,265;
2. Authorize the City Manager, or designee, to Approve Amendment No. 11 to the Interlocal Memorandum of Understanding between the City of Stockton and County of San Joaquin to reallocate the 2022 JAG funds;
3. Amend the Fiscal Year 2022-23 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $390,265; and
4. Authorize the City Manager, or designee, to execute all grant award documents as required by the U.S. Department of Justice Bureau of Justice Assistance and accept applicable terms and conditions.
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Summary
The U.S. Department of Justice (DOJ) has announced the 2022 funding allocation for the Edward Byrne Memorial Justice Assistance Grant (JAG) program. This year, the City of Stockton (City) and San Joaquin County (County) are eligible to receive a combined allocation of $390,265, with the City’s allocation at $326,823 and the County’s allocation at $63,442. 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. Since 2011, the City and County have allocated this funding per the terms of an Interlocal Memorandum of Understanding (MOU) and the operation of a county-wide Firearms Reduction Consortium (FRC). On June 20, 2022, representatives from the County agencies and the Stockton Police Department (SPD) agreed to amend the MOU to reallocate the 2022 JAG program funding, as indicated in the proposed Amendment No. 11 to the MOU (Exhibit 1 of the Resolution). The City’s revised allocation will be $199,035, and the County’s $191,230. No other changes to the MOU are recommended at this time. The granting agency requires a public hearing to 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.
Eight 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
G. Crime victim and witness
H. Mental health and related law enforcement and corrections
In 2011, following the approval of an MOU concerning the City’s and the County’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. As the City and County continue to demonstrate prudent financial decisions following fiscal struggles, a concentrated effort to reduce firearms would be impossible without grant funding.
Amendments No. 2 through 10 to the MOU have been approved 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 program is allocated based on a formula of population and violent crime rate. Cities receiving a formula allocation larger than their County (referred to as disparate status) can modify the formula allocation to accommodate the jurisdiction’s particular needs. Grant guidelines mandate that the City and County participate in a joint planning process and agree on a final funding split. Reallocating the disparate formula allows the City to contribute more towards its share of 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. Overtime staffing costs for the San Joaquin County Sheriff’s Office, Probation Department, and the SPD to fund at least four proactive firearm missions each year;
2. A portion of a Deputy District Attorney assigned to vertically prosecute persons determined to be associated with illegal guns; and
3. Long-term surveillance, including registration of phone lines and data retrieval on phones confiscated as evidence.
In addition to the four firearm missions conducted each year, the Integrated Ballistic Identification Systems (IBIS) equipment is 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 2022, the purpose and use of the funds remain the same; therefore, the straightforward Amendment 11 to the existing MOU outlining the change in the allocation amounts for the upcoming fiscal year is proposed.
Included in Amendment 11 is the Joint Spending Plan, entitled "Edward Byrne Memorial - Justice Assistance Grant Program 2022 Funding Recommendations." The plan for 2022 follows the same funding strategy set forth in prior years, with the City allocating its share of $199,035 to fund firearms evidence investigations equipment, long-term surveillance software, including data retrieval for phones confiscated as evidence, and overtime costs associated with the joint FRC missions. The County will spend its share of $191,230 on overtime costs associated with joint FRC missions and firearms prosecution.
Publication
The Notice for this public hearing will be published in The Record on September 23, 2022.
FINANCIAL SUMMARY
The combined 2022 JAG allocation of $390,265 for the City and County must be used within forty-eight (48) months. The grant program does not require a local funding match. Revenue and expenditures will require an increase in appropriation to the Fiscal Year 2022-23 Police’s Special Grants Fund Budget:
• Revenue appropriation of $390,265 to the 2022 JAG grant in the Police’s Special Grants fund, Reimbursements, PD Grants Division.
• Expenditure appropriation of $390,265 to the 2022 JAG grant in the Police’s Special Grants fund, Reimbursements, PD Grants Division, with $191,230 allocated to the County and the remaining $199,035 to the City. Funding will be appropriated upon approval from the granting agency.