MEETING DATE
2/28/2013 |
BUREAU SUBMITTING THIS REPORT
Executive Office |
RESEARCHED BY (PRINT NAME)
Charles Evans |
REVIEWED BY (PRINT NAME)
Alan Deal |
REPORT DATE
01/23/2013 |
APPROVED BY
Robert A. Stresak |
DATE APPROVED
02/12/13 |
PURPOSE
Decision Requested |
FINANCIAL IMPACT
No
|
| ISSUE, BACKGROUND, ANALYSIS, & RECOMMENDATION |
| ISSUE: |
| Should the Commission pursue legislation to add Penal Code sections, 13507.1 to define joint powers agency, and 13526.3 to provide access to the Peace Officers' Training Fund (POTF) by joint powers agencies in the POST Reimbursable Program, and amend sections 13522 and 13523 to authorize joint powers agencies to receive state aid, as specified? |
| BACKGROUND: |
On January 30, 1980, the Town of Corte Madera and the City of Larkspur, executed a joint powers agreement (JPA), creating the Twin Cities Police Authority (TCPA) to provide consolidated police services to Larkspur and Corte Madera.
During 2009, the San Anselmo Police Department (SAPD) agreed to temporarily house the dispatch unit of the TCPA, during the construction of a new TCPA headquarters (2010-2013). During this period, SAPD and TCPA entered into multiple agreements under which they shared services which led to even greater cooperation, coordination, cost savings and higher levels of police services.
San Anselmo, Larkspar, and Corte Madera are public entities. All three municipalities are close in geographical proximity, have similar police protection needs and share a history of coordination and cooperation for police services. The City of Larkspur, the Town of Corte Madera and the Town of San Anselmo agreed to amend the January 30, 1980 joint powers agreement to add the Town of San Anselmo as a member, and to provide consolidated police services to the City of Larkspur, the Town of Corte Madera and the Town of San Anselmo.
To reflect the expanded jurisdiction of the JPA, and to incorporate a geographical reference into the name of the JPA, the amended agreement changes the name of the agency from TCPA to the Central Marin Police Authority (CMPA).
The Town Council of San Anselmo has delegated to the newly-created Central Marin Police Authority its power to appoint peace officers under Penal Code section 830.1, and all other powers necessary to provide law enforcement services to the citizens of the San Anselmo. |
| ANALYSIS: |
A Joint Powers Authority (JPA) is a unit of local government, authorized under the Government Code, created to jointly administer a shared power under the terms of a joint exercise of powers agreement adopted by the member agencies.
The Joint Powers Government Code Act section 6500 et seq., provides that public agencies by agreement, may jointly exercise any power common to them. The Parties often enter into an agreement in furtherance of the Joint Powers Act. It is the desire of the parties to this Agreement, to create a system for meeting the public safety needs of the member agencies and that the Agreement be administered by the Central Marin Joint Power Agency.
Under the proposed legislative amendment, joint power agencies pursuant to Penal Code section 13510, will adhere to the standards for selection and training established by the Commission Peace Officer Standards Training (POST). (See Attachment A.)
Pursuant to Section 13512, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that the Joint Powers Agency public safety personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training.
In implementing this amendment, joint powers agencies pursuant to Government Code section 6500 et seq., shall be entitled to receive funding from the Peace Officers’ Training fund and must comply with Commission Regulations.
The formation of this new JPA is cost neutral in that San Anselmo Police Department and the Twin Cities Police Authority have been participants in the POST program for many years.
The proposed legislation is declarative of existing law, and clarifies an oversight, of the legislature’s intent to authorize Joint Powers Agencies, as units of local government, within the definition contained in the Government Code. The legislation corresponds with existing language associated with agencies in the Public Safety Dispatchers Reimbursement Program and sets forth the requirements for JPA’s (Penal Code section 13525). |
| RECOMMENDATION: |
| Staff recommends that the Commission authorize the Executive Director to pursue legislation to add Penal Code sections 13507.1, to define joint powers agency, and 13526.3 to provide access to the Peace Officers' Training Fund (POTF) by joint powers agencies in the POST Reimbursable Program, and amend sections 13522 and 13523 to authorize joint powers agencies to receive state aid, as specified. |
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