TO:
Honorable Mayor Powell and Members of the City Council
THROUGH:
David N. Carmany, City Manager
FROM:
Eve R. Irvine, Chief of Police
Julie Dahlgren, Management Analyst
SUBJECT:Title
Resolution Amending the Joint Powers Agreement with the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement
ADOPT RESOLUTION NO. 12-6432
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 12-6432 amending the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (L.A. IMPACT) Joint Powers Agreement and authorize the City Manager to execute the agreement.
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FISCAL IMPLICATIONS:
While there is no direct impact to the General Fund, assets seized from criminals as a result of LA IMPACT investigations in which the Manhattan Beach Police Department has been involved is a source of revenue for the City of Manhattan Beach's Asset Forfeiture account; these funds can only be used for law enforcement purposes.
BACKGROUND:
Established in 1991, the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (L.A. IMPACT) is a regional task force that brings together officers from numerous Federal, State, and local agencies across Los Angeles County to investigate major crimes, with an emphasis on dismantling drug trafficking organizations. The task force was founded by the members of the Los Angeles County Police Chiefs' Association, who currently act as the Board of Directors. When staffing levels allow, the Manhattan Beach Police Department allocates one officer to serve full-time on this task force. Participation in the task force is currently defined by a Joint Powers Agreement.
L.A. IMPACT's primary focus is narcotics enforcement. The task force is known for its surveillance capabilities and possesses some of the most extensive surveillance resources in California. L.A. IMPACT has specialized proficiency in the following areas: major drug trafficking organizations, money laundering, clandestine laboratory investigations, transportation and parcel interdiction, and gang enforcement. L.A. IMPACT is the primary clandestine laboratory response team for Los Angeles County.
In 2011, L.A. IMPACT was formally organized as a Joint Powers Authority under the California Government Code. On March 15, 2011, the Manhattan Beach City Council adopted Resolution 2011-6300 approving the City's membership in the L.A. IMPACT Joint Powers Authority. (Attachment 1) Currently there are 33 member cities, along with the County of Los Angeles and the State of California Bureau of Investigation, which operates out of the Department of Justice. The United States Drug Enforcement Administration (DEA) continues to partner with L.A. IMPACT on major investigations.
The Manhattan Beach Police Department's participation in the task force is an important investment in the protection of the community because the task force assists in identifying and capturing criminals who are unlikely to be caught by ordinary means because of the complex or resource-intensive nature of the investigation. Each year, LA IMPACT has provided resources and manpower in several complex surveillance operations for the Manhattan Beach Police Department, resulting in the successful prosecution of felony suspects. In addition, personnel benefit greatly from the opportunity to work with other agencies on extremely complex investigations, which is an exceptional experience for Manhattan Beach officers.
DISCUSSION:
During the first year of operating as a Joint Powers Authority, it became apparent that some issues needed clarification or were not addressed in the Joint Powers Agreement as originally adopted by the Membership. Specifically, two areas were recognized as warranting amendment: Associate member indemnity, and state contracting goals for disabled veterans businesses.
Associate Member Indemnity
The L.A. IMPACT Joint Powers Agreement, to which all Members are a party by definition, provides that each Member will indemnify L.A. IMPACT as well as other Members for the general liability and worker's compensation liability caused by the Member's contributed personnel who perform law enforcement or support functions. These indemnity provisions are found in sections 14.03 and 14.04 of the joint powers agreement. The Agreement also provides in section 14.06 that L.A. IMPACT will indemnify its Members for the actions of L.A. IMPACT's employees. The Joint Powers Agreement also contemplates that public agencies may join L.A. IMPACT as an Associate Member rather than as a full Member. Article 4 of the Joint Powers Agreement addresses Associate Member Agreements. The Joint Powers Agreement does not contain a provision for the Members or for L.A. IMPACT to indemnify Associate Members or provide that Associate Member agreements must contain indemnity provisions to protect the Members. It is contemplated that Associate Members would contribute law enforcement personnel who would work side by side with Members' contributed personnel. This lack of indemnity between Associate Members and the Members would most likely discourage agencies from becoming Associate Members. Additionally, the Members such as Culver City would not be shielded from liability when its officers are working side by side with an Associate Member's officers.
State of California Contracting Participation Goals
Government Code section 6522, which is part of the Joint Powers Act governing L.A. IMPACT as a joint powers authority, provides that that the contracting participation goals set out in the California Military and Veterans Code section 999 et seq. are to become part of any Joint Powers Agreement entered into by the State of California. The former Bureau of Narcotics Enforcement, now the Bureau of Investigation ("BI"), participates in L.A. IMPACT and contributes a number of sworn and non-sworn personnel, including at the Executive Director level. The BI wishes to continue its participation in L.A. IMPACT and has signed the Joint Powers Agreement, contingent upon the requirements of Government Code section 6522 being added to the Joint Powers Agreement through an amendment. The contracting participation goals set out in the Military and Veterans Code state that a state agency must strive to meet the goal of awarding three percent (3%) of its annual contracting dollars to businesses owned by disabled veterans. While it is mandatory to include the state contracting goals in the joint powers agreement, there are no penalties if the goals are not met, and state law specifically provides that a third party cannot take legal action to invalidate contracts of the agency for failure to meet the participation goals.
The L.A. IMPACT Executive Committee (a 13-member committee from the Board of Directors) voted unanimously to send these Amendments to the Members. The Joint Powers Agreement may be amended by a majority of the members' governing boards approving the amendment.
CONCLUSION:
Staff recommends that the City Council adopt Resolution No. 12-6432 amending the LA IMPACT Joint Powers Agreement and authorize the City Manager to execute the Agreement.
Attachment:
1. Resolution No. 12-6432