COUNTY OF SAN MATEO

Inter-Departmental Correspondence

District Attorney

DATE:

November 23, 2005

BOARD MEETING DATE:

December 6, 2005

SPECIAL NOTICE/HEARING:

No

VOTE REQUIRED:

majority

TO:

Honorable Board of Supervisors

FROM:

District Attorney

SUBJECT:

Termination of Criminal Justice Council

RECOMMENDATION:

Adopt a resolution authorizing the execution of an amendment to the Joint Powers Agreement Establishing the Criminal Justice Council of San Mateo County, which amendment would disband the Criminal Justice Council.

VISION ALIGNMENT:

Commitment: Responsive, effective and collaborative government

Goal(s): 22—County and local governments effectively communicate, collaborate and develop strategic approaches to issues affecting the entire county.

BACKGROUND:

In 1971, the County and the cities entered into a Joint Powers Agreement to establish the Criminal Justice Council of San Mateo County, the purpose of which was to administer programs and funding issued by the State Office of Criminal Justice Planning under the Federal Crime Control Act of 1973. The Council has functioned effectively for more than thirty years. However, the funding for said programs no longer exists, and therefore there are no programs to be administered by the Criminal Justice Council. Therefore, the governing body of the Criminal Justice Council has recommended that the JPA should be terminated and the Criminal Justice Council of San Mateo County should be disbanded.

DISCUSSION:

The JPA provides that upon termination of the Council, property and surplus money of the Criminal Justice Council shall, subject to the provisions of any federal or state grant agreement, be returned to the parties in the same proportions in which such parties made contributions to the Council. The JPA provides that the agreement may be amended at any time by the written agreement by and between the County and those signatory city governments representing collectively fifty percent (50%) of the total population within the County.

The parties have agreed that the best course of action is to terminate the Joint Powers Agreement that established the Criminal Justice Council, to disband the Council, and to return the surplus funds pursuant to the formula set forth in the agreement.

Disbanding the Criminal Justice Council of San Mateo County is an efficient use of resources, in light of the changed political and fiscal circumstances that have transpired in the thirty-five years since the Council was established.

It is expected that the County of San Mateo’s share of the returned funding will amount to approximately $17,000. In addition, the County will be relieved of future contributions to the Criminal Justice Council.

FISCAL IMPACT: