COUNTY OF SAN MATEO

Inter-Departmental Correspondence

District Attorney

 

DATE:

October 1, 2005

BOARD MEETING DATE:

October 18, 2005

SPECIAL NOTICE/HEARING:

no

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

District Attorney

SUBJECT:

Second Amendment to the Joint Powers Agreement Establishing the San Mateo County Narcotics Task Force

 

RECOMMENDATION:

Adopt a resolution authorizing the execution of the Second Amendment to the Joint Powers Agreement Establishing the San Mateo County Narcotics Task Force, and authorizing the District Attorney, in his capacity as Chair of the Narcotics Task Force Board, to send the Second Amendment to all member agencies for their approval and execution.

 

VISION ALIGNMENT:

Commitment: Ensure basic health and safety for all.

Goals: Nos. 7 and 8-- This Second Amendment continues the long-standing effort towards the goals of maintaining and enhancing the public safety of all residents and visitors, and helping children grow up in safe homes and neighborhoods.

 

BACKGROUND:

In 1984, the County and all cities in the county entered into a Joint Powers Agreement to establish the San Mateo County Narcotics Task Force. The JPA was first amended in 1988. The Task Force is governed by a Board of Directors which consists of the District Attorney, the Sheriff, and three Chiefs of Police who are selected by the County Chiefs of Police Association and serve for three-year terms.

The Joint Powers Agreement provides that if the Task Force or its agents are sued, the County will provide for the defense of all claims within the County’s “$250,000 self-insured retention.” If there are any judgments against the Task Force, they are apportioned among the member agencies according to a formula included in the agreement. However, claims against the Task Force are uncommon and are ordinarily resolved quickly without significant expenditure of public resources.

 

DISCUSSION:

The Narcotics Task Force has significantly benefited public safety in the county through coordinated and concentrated efforts to combat drug trafficking by the detection, apprehension and prosecution of drug related criminal activity. In light of the passage of time, the Board of Directors has conducted a systematic review of the 1984 JPA and the 1988 First Amendment, which has led to the proposal of several minor changes to reflect current practices

 

The first change is to permit the addition of the Broadmoor Police Protection District. This change is necessary in light of Broadmoor’s recent full participation in the JPA

 

The next change is to modify the start of Task Force’s fiscal year from October 1 to July 1, and to adjust all other dates that are effected by this change.

 

The other change involves the agreement’s insurance provisions. The reference to “the County’s $250,000 self-insured retention” is outdated, as the self-insured retention has fluctuated depending on claims history and market condition. The Second Amendment removes the reference to “$250,000,” thus clarifying that the Narcotics Task Force will be defended within the County’s self-insured retention regardless of the fluctuation of the SIR.

 

The Second Amendment has been reviewed and recommended by the Narcotics Task Force Board and the Chiefs of Police Association. After your Board has authorized its execution, the District Attorney, in the capacity as Chair of the Task Force Board of Directors, will send the Second Amendment to the member agencies for their anticipated approval.

 

FISCAL IMPACT:

The Second Amendment to the Joint Powers Agreement establishing the San Mateo County Narcotics Task Force has no fiscal impact to the County of San Mateo.