HomeMy WebLinkAbout1980-10-14; City Council; Info; ARJIS Implementation StructureDATE : October 10, 1980
TO : City Manager
FROM: Assistant City Manager
SUBJECT: DISCUSSION OF AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM (ARJIS) IMPLEMENTATION STRUCTURE.
The grant funding for the ARJIS system runs out on December 31, 1980.
Local agencies, including Carlsbad, have appropriate funds to pay
for the continued operation of the ARJIS program on the local level.
CPO has been administering the ARJIS system while it was grant
funded. The issue that the City Council needs to discuss is how
should the ARJIS system be operated in the future. The following
alternatives have been proposed:
1. Establish a separate Joint Power Agreement (JPA) to govern and administer the ARJIS program. This would allow participation in ARJIS without participation in
CPO but would create a special purpose JPA to govern and administer what is basically a technical service.
2. Have CPO continue to govern and administer the ARJIS program. This may require an amendment to the CPO JPA. Those agencies participating in ARJIS but not in CPO would not have any voice in governing ARJIS under this alternative.
3. Have the City or County of San Diego govern and administer
ARJIS and other agencies would contract for the service. Contracting agencies would not have policy making control of the ARJIS program under this alternative.
4. Establish a scaled down JPA as proposed by the City
of Chula Vista. This alternative would provide for a bare-bones JPA that would be governed by City Managers and the Chief Administrative Officer of San Diego County.
Attached is additional information concerning the above alternatives.
FRANK". MANNEN Assistant City Manager
FNM: gb
Attachment.
Council Action: 10-14-80 Council expressed preference for the proposal of as submitted by
Chula Vista, and secondly the proposal of CPO.
I
COMPREHENSIVE
PLANNING ORGANIZATION
Suite 524, Security Pacific Plaza
1200 Third Avenue
San Diego, California 92101 (7 14) 236-5300
m: City Managers and County CAO
FRDM: CPO Executive Director
SUBSECT: Request for Council and Board Position on Automated Regional Justice Information System (ARJIS) Implementation Structure
At the September 22 meeting of the CPO Board of Directors, the Board considered the reamendations of the ARJIS Joint Pawers Agency Canmittee to approve the attached Joint Fmers Agreement establishing the ARJIS Joint Rmers Agency for distribution to the cities and county for
their amroval and execution. mrs Agrement and Bylaws be forwarded to your Council or Board with a request that the Council or Board take a formal position on
whether or not they wuld support establishment of the new ARJIS
Joint Rmers Agency (as per the attached documents), or either of two other alternative implementation structures raised by the Board.
The Board directed that the Joint
The two other alternatives discussed by the Board muld be to have
CFO continue its present responsibility for the AFCCS program after
the termination of the ARJIS federal grant in December either (1) by
amending the CPO Joint mrs Agrement (which would require unanimous
agrement of all CFO member agencies) and Bylaws to include provisions for allowing voting and participation by any city or county who is
not a CPO member agency on ARJIS matters and to include other items
from the attached WIS JPA which are desired, or (2) by having CPO continue its responsibility for the program without amending the JPA
and have any city or county who is not a member of CFO contract with
CPO for use of the AFUIS system and if desired sit as advisory nmnbers
of the CFO Board on ARJIS matters. The CPO Bylaws would be amended in
both cases to reflect the ARJIS Ccmmittee structure and to reflect other
necessary related changes.
Attached for your information is the full CFO report, which includes
the proposed JPA and Bylaws.
and the cmnents raised by persons who have reviewed these documents.
T%is report explains the issues involved
SAN DlEGO REGION’S COUNCIL OF GOVERNMENTS
MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, San Diego, San Marcos and Vista/Ex-officio Member: California Department of Transportation/Honorary Member: Tijuana, B. CFA.
a
The CPO Board will be meeting next on October 27 when the Board proposes to select one of the three alternatives and would appreciate your Council or Board's response by then.
The Board has requested CPO staff to be available at your Council or
Board meeting to answer questions about the ARJIS structure and any technical questions about the system. We would, therefore, appreciate
it if you would inform us in advance of the date your Council or Board
will be discussing this matter.
If you require any further information, and to inform us of when this
matter will be heard, please contact me or Debra Greenfield (236-5366).
Sincerely,
RICHARD J. HUFF
Executive Director
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BOARD OF DIRECTORS
DATE: September 22, 1980
The AWIS JPA Ccsmnittee (whose members are the members of the CPO Executive
Cmittee) have Over the last three mnths been meeting for the purpose of
developing a Joint Powers Agreement and Bylaws establishing the AlwIS Joint
Powers Agency as directed by the Board of Directors in June.
The draft JPA and Bylaws have been reviewed by City Managers and the County
Chief Administrative Officer, Police Chiefs and the Sheriff, City Attorneys
and County Counsel, and have been distributed to all Mayors, City Council- persons, ad Supewisors. All ments received by them have been reviewed
by the Ccmmittee and where appropriate incorporated into the documents. A
summary of reviewers cosrsnents and responses to them are attached to this reprt.
In summary, the major provisions of the JPA and Bylaws are as follows:
1.
2.
3.
4.
5,
Purpose - To assist memher agencies by providing and continuing the oper-
ation, maintenance, enhancement and implementation of those ARJIS tele-
camnunicaticns features initiated under the prior LEAA grant.
Membership - Member Agencies are the local general purpose government agencies who join.
based on population. officio Agencies will be the U.S. Department of Justice and the State
Attorney General who have one regular vote and no weighted vote.
Each will have one regular vote and a weighted vote Ex- The Board members will be elected officials.
The JPA will be effective if, by December 1, 1980, it is approved by Member Agencies representing at least 50% of the population of the region.
Cmittees - Standing committees will be the Management Committee m
posed of Police Chiefs and the Sheriff; the Budget and Program Review Committee mpsed of City Managers and the CAO; and the IJsers Canmittee mpsed of members of law enforcement agencies who actually operate the system in their jurisdictions.
Financing - Two fees would be paid by all members and other users of the
system:
(based on population for Member Agencies and set by the Board for others) and a fee for actual costs of canputer time.
a fee for the operation, maintenance and enhancement of the system
Staff/Administration - The ARJIS Board may contract with an appropriate agency for any necessary administrative staff, including on an as-needed
basis an executive officer. The Board will contract with San Diego Data Processing Corporation (or other entity) to provide the necessary staff and computer equipment to maintain and operate the system.
90. COMPREHENSIVE PLANNING ORGANIZATION OF THE SAN DIEGO REGION
Page 2
6. Other Users - ARJIS is authorized to contract with and charge all appro-
priate non-member agencies which desire to use the system a reasonable
share of the total cost of operation, maintenance and enhancement of the
system
7. Budget - A preliminary budget will be required to be approved by April 1
of each year, and a final budget by July 1.
8. Dissolution -Will occur upon withdrawal of agencies representing mre
than 50% of the population of the region.
Tne WIS JPA Cmittee discussed two alternatives to the JPA approach in the course of reviewing comments on the preliminary draft JPA, &e alternative was to have CPO continue its present responsibility for the ARJIS program after
the December 1, 1980 termination of the ARJIS federal grant. was felt to be less desirable than a new JPA specifically for AMIS, which muld allow participation in the program without direct participation in CPO.
second alternative was to have the City of San Diego resume responsibility
for the ARJIS activity after the expiration of the grant. San Diego continues
to maintain the position that ARJIS is appropriately a regional activity which will function best when the needs of all entities are ensured through the direct participation of all local governments. Therefore, it is the Cmittee's
This alternative
%e
that the Board approve the ARJIS JPA (attached) for suhsnission to all cities
and the County, the U. S. Department of Justice and the State Attorney General
for their approval and authorization to execute the JPA, and that the Bylaws
(attached) also be forwarded with the JPA for information, and be submitted
to the ARJIS Board of Directors for adoption at their first meeting.
GEIORa F. BAILEY
Chairman, ARJIS JPA Cmittee
for: Ilon. Will Hyde Hon. Larry Stirling
Hon. Robert Harmon Hon. Jess E. Van &venter
Attachments
September 22, 1980
To: Reviewers of the
mal: CKI Executive Directo
SUBJECT: ARJIS JPA Committee and Staff Cments on Issues
Raised by Reviewers
At their last meeting on August 29th, the ARJIS JPA Committee reviewed the
responses (which were received by August 29th) made by City Managers and
Police Chiefs to the ARJIS JPA and Bylaws and CFO staff conunents to those responses. cments be forwarded to you. me following sumnarizes the responses and
camments (where no Cmittee comnent is shown, the Comnittee agreed with staff's ments).
The Committee directed that the staff comnents and the Cmittee's
I. Responses by City Managers
A.
90 days before the end of each fiscal year to evaluate the AE?JIS program
and make decisions on their continued participation.
Since all components are not implemented, each agency should be given
Staff Comment: time, for any reason.
provide sufficient time for decision making.
Each agency will have the option to withdraw at any
In addition, the proposed budget cycle should
B.
ulations.
me weighted vote gives too much pwer to agencies with larger pop- This may be a detriment to agencies with smaller populations.
No cments.
C.
forcement officers.
!he Management Cmittee should be required to be composed of law en-
Staff Comment: It is intended that law enforcement officers will
be the standing members of the Management Canmittee. can be more specifically designated if the Committee desires.
Tne membership
Cmittee Cment: amended to reflect this. The Cmittee agreed and the Bylaws will be
D. Can't CPO conduct ARJIS without an additional Joint Powers Agency?
Staff Comment: Yes, it would be possible.
E.
of programs proposed.
There should be some assurances as to the implementation of the variety
.. h -
F. of
G.
Staff Comnent: will designate what is to be accomplished during each year, and
although success will not be "assured", each Member Agency will be aware of the work program and be able to judge whether or not the
programs proposed are implanented.
The ARJIS Board will develop a work program which
What evidence is available to demonstrate that the mst-effectiveness
ARJIS is assured?
Staff Cment: Until ARJIS is up and running in a total operational
mode, its true cost effectiveness is difficult to measure. HOwever, one primary objective of the system is to eliminate the extensive
and costly manual record keeping which is currently necessary for law enforcement. is the tremendous savings of investigator time in retrieving data to help with crime investigation.
Another savings which has already been demonstrated
?he provision in the JPA for paying Board members seems 'unnecessary and
inappropriate since all Board members would be appointees of member agencies
and should be canpensated as determined by the sponsoring agency.
Staff Carranent:
boards in the region based on the additional time and effort they
dedicate to these agencies. Since the amunt is to be set by the Roard, they have the option to establish the awropriate amount.
Elected officials are paid to serve on many governing
H.
of the ARJIS computer. on the local program since the information would not be locally maintained?
Part of the value of ARTIS is a reduction in clerical work through use
If a Member Agency withdraws, what would be the impact
Staff Cament:
the system so there will not necessarily be any impact. Agency desired, a special tape transfer of their information could be made, and the information returned.
Agencies who are not members may still be users of
If the Member
I. Couldn't the operation and control of ARTIS be apropriately handled
without this formal organization via the budget process and a committee
with staff representatives of the various participants meeting to determine programs and needed changes as they occur?
Cmittee Cment: The Cmittee reaffirmed its desire to establish an ARJIS Joint mrs Agency in the form set forth in the draft JPA.
The Cmittee stressed that elected officials who are accountable to
the public should make the necessary budgetary decisions and be re- sponsible for direction of the program, and that not only the City of San Diego but all cities and the County who have a vested interest in ARJIS should participate in making those decisions. San Diego Cormittee representative stated that the San Diego City Council supports the establishment of the ARJIS JPA, and desires all
cities and the County to participate through elected official Board representation.
The City of
J. pay its share of the costs associated with the programs available on January 1,
1981, without obligating the agency subsequent developnent and operational
There should be an option to allow a participating agency to continue to
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costs for new services approved by the Board, but which the agency does not desire .
Cmittee Cment:
Technical Director, did not feel it was practical or in some cases
possible from a technical standpoint to allcw participating member agencies to pay for and participate in sane new programs and not others. Each Member Agency will be able to fully participate in the determination of which new services will be provided. The in-
volvement of managers, as identified below, should provide adequate
protection of the participants in ARJIS.
The Carunittee, based on the advice of the ARJIS
K.
with a private entrepreneur.
The actual physical operation of ARJIS could be handled through a contract
Staff Cment: This is now required in the Bylaws.
(Manittee Cment:
operation and technical maintenance of ARJIS will be handled through
a contract with a private entrepreneur.
The Committee agrees that the actual'physical
L. It is doubtful that the
heighted vote will be used frequently, but the problem with even its infrequent
use is.that when it does come into play it would normally involve a critical issue.
The weighted vote formula raises some question.
Cmittee Comment: vote formula. ?he Carunittee decided to retain the weighted
M. The Bylaws of the proposed agency establish a "Management Cmittee" which
will consist of a designated staff representative of each participating agency and advisory members appointed by the Board of Directors of the ARJIS agency. Perhaps this committee should be composed of the Chief EStecutive Officers or
City Managers of the participating agencies who in turn can seek the advice
and recommendations of their respective law enforcement personnel.
Cormittee Cment:
program and also for the purpose of budget review, the Committee acted to include a provision in the Bylaws, as you suggested, to establish
a Budget and Program Review Camittee made up of the CAO, the City Manager of the City of San Diego, and three other Managers selected
by the Managers, who will review and budget and program and make
recommendations on them to the ARJIS Board.
provided for in the draft JPA will consist of law enforcement people
who will advise on technical aspects of the program.
In order to aid in controlling the scope of the
The "Management Cmittee"
.
11. Ccmments by Police Chiefs
A. The Chiefs also asked questions C and G, above.
B.
director is chosen and what is expected of said office?
Would it be beneficial to outline the process of establishing hm the
Staff Cment:
selected by the Board and hisher responsibilities are set forth in
the JPA and Bylaws.
The JPA requires the Chief Executive Officer to be
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C. on a mnthly or quarterly basis.
Member Agencies should be authorized to pay their portion of ARJIS costs
Staff Comment: Actual computer usage by each agency will be billed
on a mnthly or quarterly basis. imately 60% of the annual cost of ARJIS. The remaining 40% will be paid at the beginning of the fiscal year to cover the base JPA cost
and provide sufficient cash flow to operate the JPA.
Canputer usage accounts for approx-
D. what their salaries will be and who makes these determinations. We would like to know exactly how many employees there will be in ARJIS,
Staff Ccsrrment:
unknown at the present time since the ARJIS Board will be making
this decision.
that there will be a contract with the San Diego Data Processing
Corporation to provide the staff effort and a contract with an existing public agency for administrative staff.
The rimer of employees and their salaries are
The expressed intent of your Cmittee has been
E. An executive officer position is mentioned, and we should know whether this is to be a salaried position paid by the user cities, and if so, will
that dilute the number of analysts necessary to maintain ARJIS.
Staff Comment: The executive officer will not be a full-time
salaried position. mere will be a full-time project manager employed aver the cost of various administrative expenses such as the executive officer, accounting, legal, pxchasing, etc.
by the Board and an overhead charge will be added to
F. or not there will be a users committee, and we believe that this is a very
necessary part of the program and should be made mandatory in the Bylaws; furthermore, that each law enforcement agency participating in ARTIS be represented on the Users Committee.
The way the Bylaws are drafted appears to make it optional as to whether
Staff Comnent:
the Bylaws.
desires.
'Ihe Users Committee is not currently designated in
The Board is authorized to appoint any cornittees it
Cmittee Comment:
be set forth specifically in the Bylaws. The Cmittee agreed and a Users Canmittee will
G. budget set by April 1st of each year. for me to submit in my budget, and I recommend strongly that January 1st
be established as the date when ARJIS would have to give us at least a preliminary figure for the following fiscal year.
The agreement as presented states that ARJIS must have its preliminary
This would not allow sufficient the
Staff Comment:
it could be possible to develop a preliminary budget in January if necessary.
Reaxpizing that many agencies budget cycles differ,
Committee Comment: figures should be available in January if requested by a Member Agency.
The Cmittee agreed that preliminary budget
4
JOINT POWERS AGREEMENT
AUTOMATED REGIONAL JUSTICE INFORMATION SYSTEM JOINT POWERS AGENCY
THIS AGREEME" is made among those Public Agencies named below which
execute this Agreement.
RECITALS
WHEREAS, grant agreement #A-2469-5-A-79 with the State Office of Criminal Justice Planning for the developent of the Automated Regional Justice Information
System terminates on December 31, 1980; and
WHEREAS, Public Agencies realize that there is a need for continued operation, maintenance, enhancement and implementation of the Autcxnated Regional Justice Information System in order to provide improved law enforcement capabilities to the San Diego region by an effective and efficient use of electronic data
processing technology capabilities; and
WHEREAS, Public Agencies believe that the joint exercise of their
powers will provide an agency capable of continuing the operation, maintenance and hplenentation of the Autanated Regional Justice Information System,
NCN THEREFORE, in consideration of the recitals and the mutual obli- gations of the parties as herein expressed, Public Agencies agree as follows:
1. Definitions
The follwing terms shall have the meanings ascribed to them within this
section unless the content of their use dictates otherwise:
(a) "Contract Agency" shall mean any authorized agency who enters into a contract with the Automated Regional Justice Information System Joint Powers Agency to access the Automated Regional Justice Information System.
(b) "Ex-officio Agency" shall mean those agencies other than general purpose local governments as defined in Section 6500 of the Government Code who conduct law enforcement activities and general purpose local governments outside San Diego County who are at any given time a party to this Agreement.
(c) "Fiscal Year" shall mean that year beginning July 1, and ending June 30.
(a) "Member Agencies" shall mean those units of general purpose local
government, within the County of San Diego, who are at any time a party to
this Agreement.
(e) "Population" of any Member Agency shall mean that population last determined for each Member Agency as certified by the State Department of
lo
Finance as of January 1, of each year, or if no certification has been made,
the last Federal Decennial Census, except that the population of the County of San Diego shall be that population determined in the same manner for the unincorporated area of the County. that population determined by adding the population of each Member Agency.
me population of the region shall be
2. Establishment of the ARJIS Joint Powers Agency
mere is hereby created an agency to be known and denominated as the Auto-
mated Regional Justice Information System Joint Powers Agency (ARJIS) which
shall be a public entity separate and apart from any Member or EXQffiCiO
Agency. and any bylaws passed and adopted by the governing board. =IS shall be governed by the terms of this Joint FQwrs Agreement
3. Purpose of Agency
The specific and primary purpose for which this agency is created is to assist Member Agencies by providing and continuing the operation, mainte- nance, enhancement and implementation of those telemunication features
initiated under the State Office of Criminal Justice grant agreement #A-2469-5-A-79.
In addition, this agency may pursue developnent of other ccqmterized systems to meet law enforcement needs and requirements in the region.
4, Powers of ARJIS Board of Directors
As may be necessary for the accanplishment of the purposes of this Agree-
ment, ARSIS shall have the power, in its own name, to make and enter into
contracts; to employ agents and employees; to provide for employee retirement,
health and welfare benefits; to acquire, hold and dispose of property, real and personal; to sue and be sued in its own name; to hire legal counsel and to incur debts, liabilities or obligations. However, the debts, liabilities and
obligations of ARJIS shall not constitute any debt, liability or obligation of
any of the Member or Ex-officio Agencies which are parties to this Agreement. The Treasury of the City of San Diego shall be the depository of funds of ARJIS
and the Treasurer of the City of San Diego shall be the ex-officio Treasurer of
ARJIS. Auditor/Comptroller of ARJIS and shall draw warrants or check-warrants against
the funds of ARJIS in the Treasury when the demands are approved by the Board
of Directors, or such other persons as may be specifically designated for that purpose in the bylaws. with all duties imposed under Article 1, Chapter 5, Division 7, Title I, of the
California Government Code connnencing with Section 6500. The City of San Diego shall determine reasonable charges to be made against AELSIS for the services of the Treasurer and Auditor/Comptroller.
shall be an audit conducted by an independent, accredited certified public
accountant.
The Auditor/Comptroller of the City of San Diego shall be the ex-officio
Said Auditor/Cmptroller and Treasurer shall camply
At the end of each fiscal year there
5. Accounts and Reports
The Auditor/Camptroller of ARJIS shall establish and maintain such funds and accounts as may be required by good accounting practice or bylaws passed and adopted by this Agency. The books and records of AWIS in the hands of the
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Auditor/Ccmptroller shall be open to inspection at all reasonable times by
representatives of the Member and Ex-officio Agencies. The Auditor/Canptroller
of WIS, within 120 days after the close of each fiscal year, shall give a
complete written report of all financial activities for such fiscal year to the
Member and Ex-officio Agencies. Said financial report shall be accanpanied
by a financial/cmpliance opinion by an independent, accredited certified
public accountant.
6. Funds
The Treasurer of ARJIS shall receive, have the custody of and disburse
ARJIS funds upon the warrant or check-warrant of the Auditor/Cmptroller (i) pursuant to the accounting procedures developed under Section 5 hereof, and (ii) as nearly as possible in accordance with normal City of San Diego pro-
cedures, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement.
AFUIS may invest ARJIS funds in accordance with general law.
collected on AFUIS funds shall be accounted for and posted to the account of
such funds.
The Treasurer of
All interest
7. Governing Board of ARJIS
All powers of the Agency shall be exercised by the Board of Directors.
The Board of Directors shall be composed of one primary representative selected
by the governing body of each Member Agency to serve until recalled by the
governing body of said Member Agency.
mayor, councilperson, or supervisor of the governing body which selected him/her, or other appropriate elected official selected by the governing body. Vacancies shall be filled in the same manner as originally selected.
Member Agency shall also select in the same manner as the primary representa-
tive one alternate to serve on the Board of Directors when the primary repre-
sentative is not available. restrictions and have the same powers, when serving on the Board of Directors, as the primary representative.
Each Member Agency director must be a
Each
Such alternate shall be subject to the same
At its discretion, each Member Agency may select a second alternate, in the same manner as the primary representative, to serve on the Board of Directors in the event that neither the primary representative nor the regular alternate is able to attend a meeting of the Board of Directors.
subject to the same restrictions and have the same powers, when serving on the
Board of Directors, as the primary representative.
Such alternate shall be
The Board of Directors may at any the authorize other agencies as defined in Section 6500 of the favernment Code which conduct law enforcement activities (hereinafter referred to as "Ex-officio Agencies") to join the Board of Directors.
Each Ex-officio Agency shall be allowed to vote in accordance with the provisions of Section 8.
and alternate.
The Ex-officio Agency shall designate a primary representative
The United States Department of Justice and the Attorney General of the State of California may join as charter Ex-officio members, or at any later time become Ex-officio members by executing this Agreement.
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The Board of Directors may allow for the amintment of advisory repre-
sentatives to sit with the Board of Directors, but in no event shall said
representatives be allowed a vote.
Each director, or designated alternate acting in a director's absence,
may receive reimbursement from the ARJIS for out-of-pocket and travel ex- penses incurred by such director or alternate on approved agency business. Except where prohibited by the charter, or any ordinance, rule, regulation, or
policy of a Member Agency, each Member Agency director, or designated alternate
acting in a Member Agency director's absence, shall also receive compensation,
as determined by the Board, for each Board meeting attended.
8. Vote of Board of Directors
(a) The Board of Directors shall vote on all items on the basis of one vote per Member and Ex-officio Agency, except that if representatives of three
Member Agencies request a weighted vote after voting on any particular item,
then in that event a new weighted vote which will be final and binding, shall be taken. Ex-officio Agencies shall not have a weighted vote.
(b) When the weighted vote is taken there shall be a total of one hundred votes, except additional votes shall be allowed pursuant to Section 19. representatives of the Member Agencies shall be entitled to 100 votes, with
each representative having that number of votes determined by the folluwing
apportionment formula, provided that each Member Agency shall have at least one
vote, and there shall be no fractional vote:
The
1. Determine each Member Agency's population.
2. of this total that each Member Agency has. Tbtal the population determined in step 1 and compute percentage
3. numbers. Boost fractions that are less than one to one; add the whole
4.
numbers are the votes for each Member Agency.
If the answer to step 3 is 100, drop all fractions and the whole
5. If the answer to step 3 is less than 100, the remaining vote(s) is allocated one each to that Member Agency(s) having the highest
fraction(s) excepting those whose vote was increased to one (1) in
step 3 above.
6. If the answer to step 3 is more than 100, the excess vote(s) is taken one each frm that Member Agency(s) with the lowest fraction(s). In no case may a vote be reduced to less than one.
7. ment services to be provided by the Sheriff shall be included in the amputation of the weighted vote whether or not the city is a Member Agency. be added to the County total.
Cities which contract with the County of San Diego for law enforce-
If said city is not a Member Agency, its weighted vote shall
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(c) When the weighted vote is taken, the vote of not less than five (5) Member Agencies, representing not less than fifty-one percent (51%) of the total weighted vote of the Member Agencies shall be required to supersede the
original action.
vote shall stand.
If the weighted vote fails, action determined by the original
Tne weighted vote shall be as follaws:"
County of San Diego City of San Diego
Del Mar
San Marcos Imperial Beach Coronado Lmon Grove Carlsbad
Vista
National City
La Mesa Escond id0 Oceanside
El Cajon
Chula Vista
mALI 100 Votes
and shall be recamputed in the above manner on July 1 of 1980 and every year
thereafter.
not be recomputed but the total votes cast will be reduced by the weighted
vote of the withdrawing Member Agency.
Upon the withdrawal of any Member Agency, the weighted vote shall
9. Meetings
The Board of Directors shall conduct regular meetings at least quarterly during the year and such other times as the Board of Directors shall direct or the bylaws specify.
10. Bylaws
The Board of Directors of ARJIS may adopt frm time to time bylaws, rules and regulations as may be required for the conduct of its meetings and the
orderly operation of the Zqency; and copies and amendments thereto shall be filed with each Member and Ex-officio Agency.
11. Chief Executive Officer
?he Board of Directors shall appoint a Chief Executive Officer who shall hold office until he/she resigns or is removed by the Board of Directors. Chief Executive Officer shall have such duties as may be prescribed by the
Board of Directors. Tne Chief Executive Officer shall have charge of all
me
-*To be determined December 1, 1980.
projects and property of the Agency and shall file with the Treasurer of WIS
an official bond in the minimum amount of $100,000 or such larger amount as the
Roard of Directors specifies, guaranteeing faithful performance of hisher
duties.
12. Financial
(a) The Board of Directors shall approve a preliminary budget no later than April 1 of each year. ?he Board of Directors shall adopt a final budget
no later than July 1 of each year.
approved and a copy of the final budget when adopted shall be filed with each
Member and Ex-officio Agency.
A copy of the preliminary budget when
(b) Responsibility for supplying funds for that portion of the budget for ARJIS which is to be supplied by the Member Agencies for operation, mainte-
nance, enhancement and implementation of the system as adopted by the Board of Directors, shall be divided mng the Member Agencies based-on their pop ulation with such Member Agency including within its budget as funds to be supplied to ARJIS that sum of money determined by taking the ratio its pop
ulation bears to the total population of the region and multiplying it by
that portion of the approved budget to be supplied by the Member Agencies.
Payment of this determined sum of money shall be made by each Member Agency by July 15 of each year. If payment by a Member Agency has not been
made by September 1, of each year, that Member Agency shall cease to be a
participating member of ARJIS, and its representative shall no longer par-
ticipate or vote as a member of the Board of Directors. A delinquent Member
Agency will be reinstated to participating membership and its representative
allowed to participate on the Board of Directors when full payment has been
made, including interest computed from July 15 at the average interest earning rate as determined by the Ex-officio Treasurer. Agencies shall make payment of this determined sum in accordance with the provisions of the contract between ARJIS and the Ex-officio or Contract Agency.
Ex-officio and Contract
All Ex-officio and Contract Agencies who use the system shall be indi- vidually charged and pay to ARJIS a reasonable share of the total cost of
operation, maintenance, enhancement and implementation of the system as de- termined by the Board of Directors.
(c) Member Agencies, Ex-officio Agencies and Contract Agencies who access the cmputer shall be charged for computer time at a rate agreed to by the Board of Directors.
(d) 1981), each Member Agency shall pay over to the Treasurer of ARJIS, no later than fifteen (15) days after the adoption of the budget for that time period by the Board of Directors, its share of that portion of the approved budget to be paid by Member Agencies.
For the first half year of operation (January 1, 1981 to June 30,
13. Ralph M. Brawn Act
All meetings of AFUIS, including without limitation regular, adjourned regular, and special meetings of the Board of Directors, meetings of the
6
Management Committee, Rudget and Program Review Committee and Users Cmittee
shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (mencing with Section 54950 of the Government
Code).
14. Quorum
A majority of the voting members of the Board of Directors of ARJIS shall
constitute a quom for the transaction of business.
the weighted vote shall not be used. In determining a quorum,
15. Procedures to be Followed
Pursuant to Cavernment Code Section 6509, which requires that the powers
of WIS be limited by the legal restrictions placed upon a named Member
Agency, the powers of ARJIS delineated under Section 4, above, shall be subject to those legal restrictions imposed upon the City of La Mesa by the Constitution of the State of California and the laws governing general law-cities.
The Board of Directors shall adopt administrative regulations establishing the procedures and policies for directing and approving change orders which at
a minimum shall require that any user request for changes in the program or priorities established by the Roard of Directors shall require Board of Directors
approval.
16. Duration of Aqreement
This Agreement shall continue in full force and effect until Member Agencies representing more than 50% of the population of the region withdraw from this Agency by resolution.
17. Disposition of Assets Upon Termination
Upon termination of this Agreement any money or assets in possession of the Agency after the payment of all liabilities, costs, expenses and charges validly incurred under this Agreement shall be returned to the Member Agencies
in proportion to their contributions determined as of the time of termination.
18. Effective Date of Aqreement
This Agreement shall become effective for all purposes at 12:Ol a.m.
December 1, 1980, if by that time such agreement has been executed by Member
Agencies representing at least 50% of the population of the region. Agreement becomes effective, the Board of Directors shall meet on December 15, 1980 for the limited purposes of permitting the Board of Directors to adopt a budget
for the period January 1, 1981 to June 30, 1981, to make and enter into contracts, to employ agents and employees, to provide for employee retirement, health and welfare benefits, to adopt an administrative manual (including purchasing,
personnel and budgetary/accounting procedures), to acquire property, to adopt
bylaws and regulations and to incur such debts, liabilities or obligations as
may be necessary, such actions to become effective no earlier than January 1,
1981, so that the ARJIS ,Joint Powers Agency provided for herein may become fully operative on January 1, 1981.
If the
7 lb
19. Later Participating Member Aqencies
Any San Diego County incorporated city which incorporates after December 1,
1980, which may desire to participate in the activities of ARJIS may do so by
executing this Agreement without prior approval or ratification of the Member
Agencies and shall be bound by the terms of this Agreement as of the date of
execution. incoxprated on December 1, 1980, who do not execute this Agreement by December 1,
1980 which may desire to participate in the activities of ARJIS may do so by
executing this agreement without prior approval or ratification of the existing
Member Agencies and paying an initial membership charge which may be established
and required by the Board of Directors to offset a portion of the initial start-up costs paid by the Charter Member Agencies, and shall be bound by the
terms of this Agreement as of the date of execution. Said membership charge
shall not be required of cities who as of December 1, 1980, contract with the County of San Diego for law enforcement services, and becane a Member Agency after December 1, 1980. Any later participating Member Agency shall receive
one (1) vote under the single vote procedure and one (1) vote under the weighted voting procedure specified above until the next recanputation of the weighted vote as specified in Section 8 above, at which time said later participating Member Agency shall receive votes in accordance with the formula specified in said Section 8. TJntil such recanputation, the total weighted vote may exceed
100.
The County of San Diego, and the cities in the County which are
20. Agreement Repository
A fully executed copy of this Joint Powers Agreement and any amendments thereto shall be filed with the authorized representative of each Member and Ex-officio Agency.
21. Cqliance
In order to protect the privacy of individuals as set-forth in Section 1 of Article I of the Constitution of California and in the United States Constitution, the maintenance and dissemination of the information in the ARJIS system shall
be undertaken in ccmpliance with Federal and State laws and regulations includ- ing the Information Practices Act of 1977 (cmencing with Section 1798 of the
California Civil Code). An appropriate agency as determined by the Board of
Directors shall conduct an annual certification of the information to assure
mpl iance .
22. Amendments
Proposed amendments may be originated by Member and Ex-officio Agencies
or any member of the Board of Directors.
require the vote of two thirds (2/3) of the Member Agencies who are members of ARJIS at the time the amendment is proposed.
Amendments to this Agreement shall
IN WITNESS WHEREOF, each of the following Public Agencies has caused
this Joint Powers Agreement to be executed by having affixed thereto the signatures of the agent of said Agency authorized therefor by the legislative body of that Agency.
L 8
AU?DMATED REGIONAL JUSTICE INFORMATION SYSTEM
ROARD OF DIRECTORS
BYLAWS
m1cLE I
NAME AND PURPOSE
Section 1
The name of this Agency shall be the Autcenated Regional Justice Information System Joint Powers Agency (hereinafter referred to as ARJIS);
Section 2
The Agency was created for the purposes stated in the Joint Powers Agree-
ment of December 1, 1980.
m1cm I1
MEMBERSHIP AND OFGANIZATION
Section 1
Membership in this Agency shall be as provided in the Joint Powers Agreement of
December 1, 1980.
Section 2
a.
b.
C.
All powers of this Agency pursuant to the Joint Powers Agreement shall be exercised by the Board of Directors.
Only the duly selected official representative, or in his/her absence,
hisher duly selected alternate or alternates as provided for in the Joint
Powers Agreement, shall be entitled to represent his/her Member or Ex-
officio Agency in the deliberations of the Roard of Directors.
Names of the official representatives and alternates shall be cmunicated in writing to the Agency upon its initial formation by each participating
Member Agency and shall thereafter be communicated at such other times as changes in representation are made by Plemkr or Ex-officio Agencies.
Section 3
There shall be a Budget and Program Review Committee composed of the County Chief Administrative Officer, the City Manager of the City of San Diego and
three other City Managers appointed from among themselves.
Section 4
a. There shall be a Management Cmittee composed of standing members who shall be the Chief of Police or Sheriff of each Member Agency, and advisory
members appointed by the Board of Directors.
b. Each standing member of the Management Committee shall have one vote.
c. Whenever a member is not present at a meeting of the Management Committee,
a designated alternate selected by the member may act as a member.
d. There shall be a Users Cmittee ccanpo~ed of members of law enforcement agencies who cprate or use the system.
appointed by the Board of Directors.
The Users Committee shall be
Section 5
The Board of Directors shall have the authority to appoint additional committees or submittees and may provide for the appointment of alternates to these
cmi ttees .
a. Additional standing camnittees may be appointed by the Board of Directors
as may be required to carry out general and continuing functions and may be
abolished only upn specific action by the Board of Directors.
b. Ad hoc specialized subcomnittees may be appointed by the Board of Directors as the need arises to accomplish specific tasks. assignment, each ad hoc subconanittee shall disband. Upon completion of its
AFS'ICLE I11
Section 1
a. A quorum for the meeting of the Board of Directors shall be as provided
for in the Joint Powers Agreement.
b. A quorum shall be required for the conduct of any business of a committee.
No business shall be conducted by a cmittee without a quorum. decisions by a cmnittee shall be by simple majority of the quorum. All
c.
. a quorum. A simple majority of the appointed members of a committee shall constitute
2
c
Section 2
Parliamentary procedure at all meetings shall be governed by Roberts Rules
of Order, Newly Revised, except as otherwise modified by the Joint Power Agreement or these Bylaws.
Section 3
The Secretary shall forward written notice of the meetings of the Roard of
Directors, stating the time, location, and the agenda of business to each
Member and Ex-officio Agency and to the respective members and alternates of the Roard of Directors not less than five days prior to meetings.
An item requiring action by the Board of Directors may be added to the agenda of a meeting if the Secretary notifies each member of the Board of such item
not less than 48 hours previous to the neeting and if two thirds of the members of the Roard present at the meeting concur.
Upon finding that an item requiring inmediate action by the Board of Directors
has arisen within 48 hours preceding a Board meeting, then upon unanimous vote of all members present, the Board of Directors may act upon such item.
Section 4
The Ward of Directors and cmittees shall meet according to the following schedule :
a. The Board of Directors shall meet at least quarterly and shall hold its meetings on the third Monday of the month. In the event that the third Monday of any month is a holiday, the regularly scheduled meeting shall
be held on the fourth Monday of that month. An annual regular meeting shall be held during the mnth of June. Special meetings of the Roard of Directors may be called from time to time by its Chairperson.
b. The Management Cmittee meetings shall be held at least quarterly or whenever called by its Chairperson.
Cmittee shall notify the members of the Management Committee of any
such scheduled meetings at least five days prior to the scheduled date of the meeting. that requires immediate action, he/she may call a meeting on forty-eight hours prior notice.
The Chairperson of the Management
Upn a finding by the Chairperson that an item has arisen
c. Other standing mittees and ad hoc specialized subcommittees shall
meet whenever called by their respective chairpersons.
ARTICLE IV
OFFICERS AND THEIR DUTIES
Section 1
The Board of Directors, and other standing cmittees shall have as elected
officers a chairperson and vice chairperson, who are members of their
3
respective Board or cmittees. Management Cmittee shall be selected by the Board of Directors.
Director shall be the Secretary of the Board and each standing camnittee.
The Chairperson and Vice Chairperson of the The
a. The Chairperson shall preside over Board and camittee meetings, and
have general supervision of Board and camnittee affairs.
sign all official documents when directed to do so by the Board and mittees and respectively.
He/she shall
b. The Vice Chairperson shall perform the duties of the Chairperson in hisher absence and perform any duties that the Chairperson may require.
c. In the event of the absence of both officers of the Board of Directors, Management Comnittee, or other standing mittee, the quorum of members present shall elect a chairperson pro tempore to preside for that meeting.
The Secretary, with a quorum present, shall call the meeting to order and
preside during such election of a chairperson pro tempore; he/she shall he-
diately relinquish the chair upon carpletion of the election.
Section 2
Election of officers of the Board of Directors shall be held annually during the June meeting.
Officers for the Board of Directors shall be elected in the follcwing manner:
a.
b.
C.
d.
e.
Ncminations for any office may be made by Board members at the meeting.
The officers shall be elected by a majority of the votes of those Board
members present.
All officers shall be elected for a term of one year and shall serve until
their successors are elected. close of the annual June meeting. They shall begin their term of office at the
In the event that the Roard member who has been elected Chairperson or
Vice Chairperson is no longer a member of the Board of Directors, the office shall be considered vacant.
Any vacated office of Chairperson or Vice Chairperson shall be filled at the next regular Board meeting by nominations from the floor, and a majority of votes fran the members present.
Section 3
a. The Chief Executive Officer will be responsible to the ARJIS Board of Directors as set out in the Administrative Manual for the administration of
the ARJIS program, including: (1) developnent of program objectives, definition, direction and priorities; (2) general management of ARXS
program and coordination of staff and support services; (3) the development of financial support programs for AWIS activities; (4) the recommendation and submission of an annual ARJIS program budget to the Board of Directors; and (5) execution of the adopted personnel, purchasing, and budgetary
4
systems.
tional duties as is necessary to carry out the objectives and function of
ARJIS and as directed by the Board of Directors.
The Chief Executive Officer shall perform such other and addi-
b. Any additional staff support services provided by I.llember agencies and .others shall be coordinated by the Chief Executive Officer.
c. The Chief Executive Officer is hereby enabled to promulgate an adninistrative
manual, for adoption by the Board of Directors, governing the administrative
procedures of the Agency.
Section 4
a. The Board of Directors shall contract with the San Diego Data Processing Corporation or other appropriate agency to provide the following: necessary data processing services which may include, but are not limited
to, the acquisition and maintenance of the hardware and software and prc-
viding the personnel necessary to perform the data processing services for
ARJIS, and support the developnent of new data processing applications; (2) punched card services; (3) data entry services; (4) application system and progrming services; (5) data base design services; (6) software systems prograrmning services: (7) word processing services.
(1)
RELATIONSHIPS AND RULES OF PROCEDURE
Section 1
a.
b.
C.
The function of the Budget and Program Review Committee shall be to review and
make recammendations to the Board of Directors on the adoption of the budget
and the work program.
The functions of the Management Committee at the direction of the Board of
Directors shall be to: (1) make recmendations to expedite the ARJIS program and objectives; (2) provide ongoing technical review of the program;
(3) at the discretion of the Management Cornnittee, participate in the joint
review of subcommittee recmendations on significant issues requiring Board action; and (4) perform such other functions and exercise such other responsibilities as may frm time to time be delegated by the Board of Directors.
The function of the Users Committee at the direction of the Board of Directors
shall be to advise and make remendations to the Management Conmittee and the Board on the operation of the system.
5
AKI'ICLE VI
AMENDMImrs
Section 1
The Ward of Directors shall be responsible for making all amendments to these Bylaws.
a.
b.
C.
Proposed amendments may be originated by the Board of Directors, the
Management Committee, or any member of the Board of Directors.
Each proposed amendment shall be considered by the Board of Directors and a copy thereof forwarded by the Secretary to the official representative of each Member and Ex-officio Agency, hisher alternate and the Agency
itself, at least 20 days prior to the meeting at which such proposed
amendment will be voted upon.
Amendments to these Bylaws shall require the vote of a majority of the
Member Agencies which also represent at least 51% of the weighted vote of the Member Agencies.
6
COUNTY OF SAN DIEGO
BOARD OF SUPERVISORS Telephone.
ROGER HEDGECOCK September 30, 1980
Mr. Frank Aleshire, Manager
City of Carlsbad
City Hall
1200 Elm Avenue Carlsbad, California 92008
CHAIRMAN
Dear Mr. Aleshire:
withdraw from CPO, I wrote to you to explain that action and
to assure you of our commitment to work with the cities on matters of mutual concern. Our staff continues to monitor
CPO agendas and identify matters of interest as well as
attend CPO meetings.
When the County of San Diego made their decision to
I was concerned to learn that it was alleged at the
September 22, 1980 CPO meeting that the County of San Diego
"wants to step in and control" the ARJIS program. You
should be aware that this allegation is erroneous and that
the County of San Diego Board of Supervisors is on record as
supporting the continuation of ARJIS. We have approved the
allocation of funds to cover the County share of the cost of
ARJIS during fiscal year 1980-81.
The County Board of Supervisors has no desire to "take over or control" the ARJIS program. We do believe that
ARJIS will be best served by a simple and direct administra-
tive structure. Therefore, we do not support the elaborate
ARJIS Joint Powers Agency which was discussed at the
September 22, 1980, CPO Board of Directors meeting.
I hope this letter reassures you regarding County of San Diego intentions relative to continued participation and
cooperation in ARJIS. The Board sincerely wants to work with your city and all cities in developing consensus on the appropriate administrative structure for the continuation of this program.
You can be assured that despite occasional statements
to the contrary by those who wish to foster conflict between
the County of San Diego and the cities; we remain committed
common interest.
to working positively with you other matters of
Chairman
Board Supervisor s RH: f j
1600 PACIFIC HIGHWAY, SAN DIEGO, CALIFORNIA 921 01
OFFICE OF THE
CITY MANAGER
October 3, 1980
TO: All San Diego County City Managers
FROM: Lane F. Cole
SUBJECT: ARJIS
Each city in the County has received a proposed C.P.O. JPA for continuation of ARJIS. The City of Chula Vista and some other cities of the County have questioned the administrative structure proposed by C.P.O. The following material has been developed primarily as a Chula Vista proposal which would provide an alternative to the C.P.O. proposal.
It is important to recognize that,unless some method is developed before December 31, 1980, all cities currently participating in the ARJIS program will be without a mechanism to continue that participa- tion. It is therefore imperative that either all cities get behind
the C.P.O. proposal or some alternate so that this mechanism can be in effect by the end of the year.
,
Attachment Lane F. Cole City Manager
276 FOURTH AVENUE CHULA VISTA, CALIFORNIA 92010 TELEPHONE (714) 575-5031
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077
JOINT FOWE3.S AGREE"
AU'IDMAW REGIONAL JUSTICE INWmTIGN SYSTEM JOINT POWERS AGENCY -
THIS AGREEME" is made among those Public Agencies named below which
execute this Agrement.
RECITALS
WHEREAS, grant agreement #A-2469-5-A-79 with the State Office of Criminal
Justice Planning for the developnt of the Automated Regional Justice Information
System terminates on December 31, 1980; and
WREREAS, Public Agencies realize that there is a need for continued
operation, maintenance, eRhanement-and inplanentation of the Autcanated Regional
Justice Infonnation System in order to provide improved law enforcement capabilities to the San Diego region by an effective and efficient use of electronic data
processing technology capabilities; and
WHEREAS, Public Agencies believe that the joint exercise of their
pcwers will provide an agency capable of continuing the operation, maintenance
and implementation of the Autcmated Regional Justice Information System,
Now THEREFORE, in consideration of the recitals and the mutual obli-
gations of the parties as herein expressed, Public Agencies agree as follows:
1. Definitions
The following terms'shall have the meanings ascribed to them within this section unless the content of their use dictates otherwise:
(a) "Contract Agency" shall mean any authorized agency who enters into
a contract with the Autmated Regional Justice Information System Joint Powers
Agency to access the Automated Regional Justice Information System.
purpose local governments as defined in Section 6500 of the Government Code
who conduct law enforcement activities and general purpose local governments
outside San Diego County who are at any given time a party to this Agreement.
'.
(b) "Ex-officio Agency" shallmem those agencies other than general
(c) "Fiscal Year" shall mean that year beginning July 1, and ending June 30.
(d) "Member Agencies" shall mean those units of general purpose local
government, within the County of San Diego, who are at any time a party to this Agreement.
--
(e) "Population" of any Member Agency shall mean that population last
determined for each Member Agency as certified by the State Department of
. ..
Finance as of January 1, of each year, or if no certification has been made,
the last Federal Mennid Census, except that the population of the County
of San Diego shall be that population determined in the same manner for the unincoqmrated area of the County.
that population determined by adding the population of each Member Agency.
The population of the region shall be
2. Establishent of the ARTIS Joint Powers Agency
mere is hereby created an agency to be known and dencminated as the Auto-
mated Regional Justice Information System Joint Powers Agency (ARSIS) which
shall be a public entity separate and a,part frcm any Member or Ex-officio
Agency.
and any bylaws passed and adopted by the governing bard. AR3IS shall be governed by the tern of this Joint Bwers Agreement
3. Purpose of Agency
me specific and primary purpose for which this agency is created is to assist Member Agencies by providing and continuing the operation, rnainte-
nance, mkmmwnt-and implementation of those telemunication features
initiated under the State Office of Criminal Justice grant agreement #A-2469-5-A-79. ~~~~i~,-~~~~~~~rs~e-deve~o~~R~~~~~ -systems-
&- se&- &=-- -needs 4 -- kemeRCs- h- +?he- Wm.
4. Powers of AWIS Board of Directors
As may be necessary for the accomplishment of the purposes of this Agree-
ment, ARTIS shall have the power, in its own name, to make and enter into
contrzcts; to employ agents ;~~~~~s;-te-previde-€~~~~,- kea3th-md-we33kvebeneEh; to acquire, hold and dispose of property, real and
personal; to sue and be sued in its own name: to hire legal counsel and to incur debts, liabilities or obligations. However, the debts, liabilities and
obligations of MJIS shall not constitute any debt, liability or obligation of
any of-the Member or Ex-officio Agencies which are parties to this Agreement.
The Treasury of the City of San Diego shall be the depository of funds of ARSIS and the Treasurer of the City of San Diego shall be the ex-officio Treasurer of
ARJIS. Auditor/Comptroller of ARJIS and shall draw warrants or check-warrants against
the funds of AFJIS in the Treasury when the demands are approved by the Board of Directors, or such other persons as nay be specifically designated for that purpose in the bylaws. with all duties imposed under Article 1, Chapter 5, Division 7, Title I, of the
California Governgent Code commencing with Section 6500, ?h2 City of San Diego
shall determine reasanable charges to be mado against ARJIS for the services of
the Treasurer and Aiiditor/Cornptroller.
shall be an audit mnducted by an indepndent, accredited certified public accountant .
The Auditor/Cmptroller of the City of San Diego shall be the ex-officio
Said Auditor/Comptroller and Treasurer shall amply
At the end of each fiscal year there
5. Accounts and Reports
and
and
The Auditor/Ccmptroller of ARJIS shall establish and maintain such funds
accounts as may be required by gwd accounting practice or bylaws passed
adopted by this Agency, The books and records of ARiJIS in the hands of the
2
. 29
- Auditor/Comptroller shall be open to inspection at all reasonable thes by
representatives of the Member and Ex-officio Agencies. The Auditor/Cmptroller of ARTIS, within 120 days after the close of each fiscal year, shall give a
complete written rewrt of all financial activities for such fiscal year to the
Member and Ex-officio Agencies. Said financial report shall be accmpanied
by a financial/cmpliance opinion by an independent, accredited certified
public accountant
6. Funds
The Treasurer of ARJIS shall receive, have the custody of and disburse
ARJIS funds upon the warrant or chedk-warrant of the Auditor/Comptroller (i) pursuant to the accounting procedures developed under Section 5 hereof, and
(ii) as nearly as pssible in accordance with nod City of San Diego pro- cedures, shall make the disbursements required by this Agreement or to carry
out any of the provisions or purpses of this Agreement. The Treasurer of
ARJIS may invest ARJIS funds in accordance with general law. All interest collected on ARJIS funds shall be accounted for and posted to the account of
such funds.
7. Governing Board of AWIS SEE INSERT 1
id Member Agency. Each Member Agency dir
governing bdy.
ected. Each
the Board of
sentative is not avai g on the Board of Directors,
At its discretion, e select a second alternate, in , to serve on the l3oa;r.; of Directors
is able to attend a meeting subject to the same restri Board of Directors, as
in Section 65 Government Ccde kkich conduct1 ement activities
tors. Such alternate shall be powers, when serving on the
rs may at any time authorize
__ resentative
e. Skateof -t!akifornia-may- join-ardmrter~Xlc~cT nmtbs~s; -or -a t-any- later time -bemine -&-off icia-members by executsl 'ngtfrirs?qreEmm;
3 30
.- INSERT 1 -
7. Governing Board of ARJIS
All powers of the Agency shall be exercised by the Board of Directors. The Board of Directors shall be composed of:
a. The City Manager of the City of San Diego or his/her designated representative.
b. The Chief Administrative Officer of the County of San Diego or his/her designated representative.
c. The City Managers of the three (3) cities, other than the City of San Diego, selected by the San Diego City/County Managers Association.
The three City Managers selected pursuant to c. above shall have a term of
The Ci ty/County
office of one year from the date of their appointment or until their successor has been duly selected by the Ci ty/County Managers Association. Managers Association may recall any member of the Agency Board of Directors selected by it at any time and for any reason; and shall fill vacancies on the Board of Directors in the same manner as the original selection.
31
..
The Board of Directors
)Ursuant to sentatives to sit with the ;ection 9 representatives be allowed
technical committee appointee may allow %F the app&ntment-of advisory
Board of Directors, but in no event shall said a vote.
8. Vote of Board of Directors
(a) d of Directors shall vote on all items on the basis of one vote per ivesnf-thrws &mberi+gencies request 8 weighted vote -a€ ter-voting- on- an p partinikr 3tm, then- in- that- evenk a- new we+gWe& Yote-vbrrichwfll-be- final-antFtri~;zkr~~ be-taken;--Ex-ufficiwv ' zhzrkk mt -have-a weighted-oote;-
( W - -Whe~- -the- we+h+& We -h -k&m -&ere-shaU- be- a- twta3- WF one +mdrect
vekes-, - exeepk- s&+iari&l- U0t.e~ &&& -bz -a,lkmd -pursuant- to- S&wrr
ntatives of the Member Agencies shall be entitled to 10
presentative having that number of votes determined by nt formula, provided that each Menher Agency shall re shall be no fractional vote:
ne each Member Agency's population.
qute percentage of this tota
3. Boost fraction to one; add the whole
numbers.
each Member Agency has.
nmbers are the votes for
5. If theanswertos is allccated one each
step 3 above.
step 3 is xore than 100, that Member Agency( s) with a vote be reduced to less than one. taken one e
4
The weigh
San Marcos
Imprial Beach Coronado kimn Grove
CarlSbad
Vista
National City
Uote-of- -the -H&Mpawi -Merber- Agmey.- SEE INSERT?
10. 9. Meetings
during the year and such other times as the Board of Directors shall direct
or the bylaws specify.
me Board of Directors shall conduct regular meetings at least quarterly
The Board of Directors of ARJIS may adopt fran the to the bylaws, rules
and regulations as may be required for the conduct of its meetings and the orderly operation of the Wncy; and copies and amendments thereto shall be filed with each MemSer and &-officio Agency.
12. 3% Chief Executive Officer
The Board of Directors shall appoint a Chief Executive Officer who shall
hold office until he/she resigns or is rmoved by the Board of Directors.
Chief Executive Officer shall have such duties as may be prescribed by the
Board of Directors. The Chief Executive Officer shall have charge of all
The
*'Xb be determined December 1, 1980.
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INSERT 2.
9. Technical Advisory Committee
The ongoing operation, maintenance and implementation of those telecommuni- cation features initiated under the State Office of Criminal Justice grant agreement #A-2469-5-A-79 shall be monitored by a technical advisory committee established pursuant to this section. The Technical Advisory Committee (TAC) shall be composed of the chief law enforcement officer of each member agency or his designated representative; and one staff person from each member agency knowledgeable in telecommunication/electronic data processing selected by the city manager or chief administrative officer of the member agency.
The TAC shall report and make recommendations to the Board of Directors periodically and/or upon the request of the Board of Directors or the Chief Executive Officer of the agency advisory only. The recommendations of the TAC shall be
The TAC shall adopt and may amend from time to time, bylaws, rules and regulations as may be required for the conduct of its meetings and the manner in which recommendations shall be made to the Board of Directors. The TAC’s bylaws, rules and regulations, and any amendments thereto, shall be filed with and approved by the Board of Directors.
.-
projects and property of the Agency and shall file with the Treasurer of ARTIS
an official bnd in the minimum munt of $100,000 or such larger amount as the Board of Direcbrs specifies, guaranteeing faithful performance of hisher
duties,
13. 32. Financial
(a) me Board of Directors shall approve a preliminary budget no later than April 1 of each year. The Board of Directors shall adopt a final budget
no later than July I of each year.
approved and a copy of the final budget when adopted shall be filed with each
Member and Ex-officio Agency.
A copy of the preliminary budget when
(b) Responsibility for supplying funds for that portion of the budget for ARTIS which is to be supplied by the Member Agencies for operation, mainte-
nance, enhancement and implementation of the system as adopted by the Board of Directors, shall be divided mng the Member Agencies based on their pop ulation with such Member Agency including within its budget as funds to be supplied to ARJIS that sum of money determined by taking the ratio its pop
ulation bears to &e total population of the region and multiplying it by
that prtion of the approved budqet to be supplied by the Member Agencies.
Payment of this determined sum of money shall be made by each Member Agency by July 15 of each year.
mde by September 1, of each year, that Member Agency shall cease to be a
participating member of ARJIS , md-%ts-repreatntative- -3- rm -1- pr-
i5dp-k- OT vote 83 -8 member -of -the -Banrd -of -~r-. A delinquent Member
Agency will be reinstated to participating membership anff-its-kve a~~~~~~orr~~ard-bf-Birectors when full payment has been made, including interest computed from July 15 at the average interest earning rate as determined by the Ex-officio Treasurer. A9encies shall make payment of this determined sum in accordance with the
provisions of the contract between AFLJIS and the Ex-officio or Contract Agency.
If payment by a Member Agency has not been
Ex-officio and Contract
All Ex-officio and Contract Agencies who use the system shall be indi-
vidually charged aqd pay to mI.5 a reasonable share of the total cost of
operation, maintenance, &ancement and implementation of the system as de-
termined by the Board of Directors.
(c) P4&r Aqencies, Ex-officio Agencies and Contract Agencies who access
the cmputer shall be charged for computer time at a rate agreed to by the
Board of Dirw tors.
(d) 1981), each b!erkr Agency shall pay over to the Treasurer of ARJIS, no later
than fifteen (15) dziys after tfie adoption of the budget for that time period
For th €irst half year of operation (January 1, 1981 to June 30,
by the Board of Directors, its share
to be paid by Mdxr Agencies.
14. Ls. Ralph M. Brown Act
All meetings of MUIS, including regular, and special meetings of the
of that portion of the approved budget
without limitation regular, adjourned Board of Directors, and meetings of the
6 3 -5-
.. - ..
..
.. . .
Management Cmittee, shall be called, noticed, held and conducted in accordance
with the provisions of the Ralph M. Brown Act (cmnencing with Section 54950 of
the Government Code).
15.44 QuoruIt;
A majority of the voting members of the Board of Directors of ARJIS shall
constitute a quorum for the transaction of business.
+he we&qhked-vote +ha&& -net-be- used;- Indetenaining-a-qblwu~~,
1 6.15. procedures to be Followed
Pursuant to GovernLent Code Section 6509, which requires that the powers
of ARJTS be limited by the legal restrictions placed upon a named Member
Agency, the pwers of ARJIS delineated under Section 4, above, shall be subject to those legal restrictions impoSed upon the City of La Mesa by the Constitution of the State of California and the laws governing general law cities.
The Board of Directors shall adopt administrative regulations establishing
the procedures and policies for directing and approving change orders which at a minimum shall mire that any user request for changes in the program or priorities established by the Board of Directors shall require Board of Directors
approval.
17. -I& Duration of Aqreement
This Agreement shall continue in full force and effect until Member Agencies
representing more than 50% of the population of the region withdraw from this
Agency by resolution.
18.3f'. Disposition of Assets Upn Termination
Upon termination of this Agreement any mey or assets 'in possession of the Agency after the payment of all liabilities, costs, expenses and charges
validly incurred under this Agreement shall be returned to the Member Agencies
in proportion to their contributions determined as of the time of termination.
Effective Date of Agreement
This Agreement shall becane effective for all purposes at 12:Ol a.m.
December 1, 1980, if by that the such agreement has been executed by Member Agencies representing at least 50% of the population of the region.
Agreement bemes effective, the Board of Directors shall meet on December 15, 1980,
for the limited purposes of permittirg the Board of Directors to adopt a budget for the period January 1, 1981 to June 30, 1981, to make and enter into contracts, to emplay agents ,ard~kyees ;-to-provide-f~wrplrryee--~~~; XGilBT-ad w&Xare-ben&-i&+, to adopt an administrative mual (inclilding purchasing, personnel and budgetary/accounting procedures), to acquirs property, to adopt bylaws and regulations and to incur such debts, liabilities or obligations as
may be necessary such actions to become effective no earlier than January 1, 1981, so that the ARJIS Joint Powers Agency provided for herein may become fully operative on January 1, 1981.
If the
7
20. 39. Later Participating'Member Agencies
Any San Diqo County incorporated city whic, incorporates after December 1,
1980, which nay desire to participate in the activities of WIS may do so by
executing this Agreement without prior approval or ratification of the Member Agencies and shall be bound by the terns of this Agreement as of the date of
execution. incorporated on Oecember 1, 1980, who do not execute this Agreement by December 1,
1980 which may desire to participate in the activities of ARJIS may do so by executing this agreement without prior approval or ratification of the existing
Member Agencies and paying an initial membership charge which may be established
and required by the Board of Directors to offset a portion of the initial start-up costs paid by the Charter Member Agencies, and shall be bound by the
terms of this Agreement as of the date of execution. Said membership charge
shall not be required of cities who as of December 1, 1980, contract with the- County of San Diego for law enforcment services, and became a Member Agency
after December 1, 1980. ARY-later;-~~ticipati~g-~-~ &Urecsive a.(A+v&e ~-~s~~-~~@-~~~~ure-aRdl-~~~1$- ~.&~under--w +e&h%d v&ig pmcx3dW.s +@GiGkd &w -ufiL#e- RQXL r€?wpt&iakof- -the- *$g.hl& v&+ +:ei-be~- &genq +I& re+%ve -vetes -iR-aee&awze-wg&- #e €amGl. +pee&gkd -in
Ad- Eeet-i-m &.- - €ht&J= -swh -Fewp&akieR, - the- &et&- weight& wee ow
AW.
The County of San Diego, and the cities in the County which are
sp&f%d -in Se~kion -0 -&we -af -whisk- kirne- ed- A&-- pa~+-hipakirxi~
21. a. Aqreement Repositoq
A fully executed copy of this Joint Powers Agreement and any amendments
thereto shall be filed with the authorized representative of each Member and
Ex-officio Agency.
22. -21. Corrrpliance
In order to protect the privacy of individuals as set-forth in Section 1 of
Article I of the Constitution of California and in the United States Constitution, the maintenance and dissernination of the information in the AWIS system shall
be undertaken in ccanpliance with Federal and State laws and regulations includ-
ing the Information Practices Act of 1977 (cmencing with Section 1798 of the
California Civil Ccde). An appropriate agency as determined by the Board of Directors shall conduct an annual certification of the information to assure compliance.
23- 22. m,en&ents
Propsed amendments may be originated'by Member and Ex-officio Agencies or any merrkr of the Board of Directors. require the votz of two thirds (2/3) of the I.?Iember Agencies who are members of
AWIS at the the the amendment is pro,oOsed.
Amendments to this Agreement shall
IN WITXZSS WHEREOF, each of the €allowing Public Agencies has caused
this Joint P~wers Agreement to be executed by having affixed thereto the signatures of the agent of said Agency authorized therefor by the legislative
body of that Agency.
8 37