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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: July 25, 2006

Subject/Title: Agreement with Contra Costa County Probation Department regarding a Community Probation Officer assigned to the Brentwood Police Department

Prepared by: Kelli Brown, Executive Assistant

Submitted by: Michael R. Davies, Police Chief

RECOMMENDATION
Adopt a Resolution approving and authorizing the Police Chief to sign an agreement with Contra Costa County Probation Department regarding a Community Probation Officer assigned to the Brentwood Police Department.

PREVIOUS ACTION
None

BACKGROUND
For the last several years, Contra Costa County Probation Department has had an Agreement with the Brentwood Police Department that assigned a Community Probation Officer (CPO) to Brentwood Police Department.

Some of the goals and objectives as stated in the Agreement are to work cooperatively with the Police Agency to better serve and protect the community; to increase the number of clients enrolled in school; to reduce the number and severity of clients with new arrests, and the severity of offenses; and to provide supervision, accountability and services for youth in the community. The Probation Department desires to renew the Agreement with Brentwood Police Department for F/Y 06/07.

FISCAL IMPACT
The only fiscal impact is the use of an assigned office, with a desk, telephone and internet hookup at the Brentwood Police Department as stated in the Agreement.

Attachments:
Resolution
Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE POLICE CHIEF TO SIGN AN AGREEMENT WITH THE CONTRA COSTA COUNTY PROBATION DEPARTMENT FOR A COMMUNITY PROBATION OFFICER ASSIGNED TO THE BRENTWOOD POLICE DEPARTMENT

WHEREAS, for the last several years the Brentwood Police Department and Contra Costa County Probation Department have had an agreement regarding a Community Probation Officer assigned to the Brentwood Police Department; and

WHEREAS, the Goals and Objectives of the Agreement include working cooperatively to better serve and protect the community; to increase the number of clients enrolled in school; to reduce the number and severity of clients with new arrests, and the severity of offenses; and to provide supervision, accountability and services for youth in the community; and

WHEREAS, the parties desire to renew the agreement for F/Y 06/07.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood approves, and authorizes the Police Chief to sign an agreement with the Contra Costa County Probation Department for a Community Probation Officer assigned to the Brentwood Police Department.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 25th day of July, 2006 by the following vote:

AYES:
NOES:
ABSENT:
____________________________________
Brian Swisher
Mayor

ATTEST:
___________________________
Margaret Wimberly
City Clerk

CONTRACT FOR THE COMMUNITY PROBATION OFFICER
ASSIGNED TO THE BRENTWOOD POLICE DEPARTMENT

This contract entered into July 1 2006, between the City of Brentwood hereinafter referred to as “POLICE AGENCY” and Contra Costa County on behalf of their Probation Department, hereinafter referred to as “DEPARTMENT”, who agree as follows:

1. Terms of Agreement: This agreement shall be effective as of July 1 2006, and shall remain in effect until June 30, 2007. Terms will be renegotiated annually.
2. Goals and Objectives: It is agreed and understood that the Department and Police Agency share the following goals and objectives with regards to Community Probation Officer (CPO):
a. To work cooperatively with the Police Agency to better serve and protect the community.
b. To increase the number of clients enrolled in school.
c. Reduction in the number and severity of clients with new arrests, and the severity of offenses.
d. Decrease the number of clients detained at the Juvenile Hall, Orin Allen Youth Rehabilitation Facility and the California Youth Authority.
e. Increase the rate of completed restitution to victims and the restitution fund.
f. Increase the rate of completed court ordered community service.
g. Increase the rate of successful completion of probation.
h. Provide supervision, accountability and services for youth in the community.
3. Scope of Service: During the term of this agreement, the Department agrees to employ probation officers and assign them as CPO’s as described in paragraph 4.
4. Assignments: The Department will assign one CPO to the Police Agency.
5. Employment: The CPO is an employee of the Department and remains subject to the administration, supervision and control of the Department and the Memorandum of Understanding negotiated with recognized employee organizations.
6. Employment Costs: The Department agrees to provide and to pay the CPO’s salary and employment benefits in accordance with the applicable salary schedules and employment practices of the Department and the Memorandum of Understanding negotiated with the employee organizations.
7. Compensation for Equipment, Supplies and Workspace: The Police Agency agrees to pay for needed CPO equipment, supplies, and workspace as described in paragraph 13.
8. Employment Practices: The Department and Police Agency, by execution of this agreement, certifies that it does not discriminate against any person upon the basis of race, color, creed, national origin, age, sex, disability, or marital status in its employment practices.
9. Supervision and Control: The Department, in its sole discretion, shall have the power and authority to hire, assign, discharge and discipline the CPO.
a. As an employee of the Department, the CPO will follow the chain of command, reporting first to the assigned supervisor as prescribed by the Department.
b. In the performance of his/her duties, the CPO will coordinate and communicate with the Police Agency Watch Commander or the Watch Commander’s designee.
10. Hours of Work:
a. The CPO will coordinate their work schedule with their direct supervisor to better serve the needs of the community. The non traditional work schedule will include evening and week-end shift assignments to be determined weekly. The Department receives the right to alter this schedule based on “MOU” agreements as previously established with employee organizations, Contra Costa County, and mandates directed by the Courts of California.
b. The CPO work schedule will be established by agreement with the CP Supervisor and the Police Agency.
11. Absences: In the event of absence, the CPO will notify both his/her supervisor in the Department and the Police Agency designee. The Police Agency recognizes that there will be times when the CPO is absent from the agency because of but not limited to: staffing shortages, emergencies, mandated court functions, unit meetings and training. The Department may temporarily assign other deputies to support the Police Agency during a lengthy absence. The Police Agency recognizes the CPO may express his/her right to transfer from the Community Probation assignment, per existing Department policy and MOU’s between the Department and the effected labor organization.
12. Additional Assignments
a. For extra-curricular activities closely related to the duties of the CPO, the CPO may flex his/her hours with the authorization of the CP Supervisor.
b. Should the Police Agency desire the CPO to attend community functions or other specialized events (warrant sweeps, truancy sweeps, searches) the CP Supervisor may authorize adjusting the CPO’s hours to provide the Police Agency coverage and support.

13.Equipment, Supplies, and Work Space
a. Safety Equipment: The Department agrees to make available safety equipment as prescribed by department policy for each CPO. Current department policy mandates CPO’s not be armed (i.e. firearm) while on duty.
b. Motor Vehicles: The Department shall provide, as prescribed in department policy, the CPO with access to a vehicle. If not utilizing a county vehicle, the CPO may receive mileage reimbursement for utilization of private vehicle.
c. Computers: The Department will provide the CPO access to department and law enforcement programs and networks as prescribed by department policy.
d. Telecommunications: The Department agrees to supply the CPO with a cellular phone and digital pager. The Police Agency agrees to furnish a telephone instrument and a private telephone line and Internet access to facilitate virtual private network access to Contra Costa County network via the Police Agency provided network for the CPO. Furthermore, the Police Agency agrees to furnish a facsimile machine or make a facsimile machine available for CPO use.
e. Supplies: The Police Agency agrees to provide each CPO with the usual and customary office supplies required in the performance of their duties. The Department agrees to supply the CPO with specialized court/probation department forms.
f. Workspace: The Police Agency agrees to provide the CPO with a private office equipped with suitable seating, work surface, and secure storage.

14. Applicable Laws: The Department will provide the services specified
herein in accordance with any applicable federal and state statutes,
regulations, and directives.
15. Indemnification: The Police Agency will indemnify, defend and hold
harmless the Department, its officers, agents, employees and
representatives from and against all claims, losses, liabilities or
damages, demands and actions, including payment of reasonable
attorney’s fees, arising out of or resulting from the performance of this
Agreement, caused in whole or in part by any negligent or willful act
or omission of the Police Agency, its officers, agents, employees, or
anyone directly or indirectly acting on behalf of the Police Agency,
regardless of whether caused in part by a party indemnified hereunder.
16. Indemnification: The Department shall indemnify, defend and hold
harmless the Police Agency, its officers, agents, employees and
representatives from and against any and all claims, losses, liabilities
or damages, demands and actions, including payment of reasonable
attorney’s fees, arising out of or resulting from the performance of the
Agreement, caused in whole or in part by any negligent or willful act
or omission of the Department, its officers, agents, employees, or
anyone directly or indirectly acting on behalf of the Department,
regardless of whether caused in part by a party indemnified
hereunder.
17. Termination: Either party may terminate this Agreement at any time
upon thirty (30) days prior written notice to the other party.
18. Amendments: No modification or amendment to this agreement shall
be valid unless it is set forth in writing and is signed by the parties
thereto.
19. Entire Agreement: This contract constitutes the entire agreement
between the Police Agency and the Department regarding the
subject matter of this contract.
20. Time: Time is of the essence in each and all provisions of this
Agreement.
21. Notices: Notices concerning this Agreement shall be deemed to have
been served when deposited in the United States Mail, first class
postage prepaid, and addressed as follows:

TO POLICE AGENCY TO DEPARTMENT
Brentwood Police Department Co. Co. Co. Probation Dept.
9100 Brentwood Blvd. 50 Douglas Dr.
Brentwood, CA 94513 Martinez, CA 94553
Attn: Chief of Police

IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above.

By:______________________________________________Date:________
Michael Davies, Chief of Police
Brentwood Police Department

By:______________________________________________Date:________
Lionel D. Chatman
Contra Costa County Probation Officer

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov