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HomeMy WebLinkAboutResolutions - 2023.07.20 - 40364 AGENDA ITEM: Amendment #1 to the 2022-2024 Law Enforcement Services Agreement with the City of Pontiac DEPARTMENT: Board of Commissioners MEETING: Board of Commissioners DATE: Thursday, July 20, 2023 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-2816 _ 23-127 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Interlocal Agreement Penny Luebs INTRODUCTION AND BACKGROUND POLICY ANALYSIS The Board approved the original 2022-2024 Law Enforcement Services Agreement with the City of Pontiac, via MR #21525, on December 9, 2021. This amendment requests to delete 1 full-time Captain position and create 1 full-time Major/Substation Commander position. There is also a request to create 2 full-time Deputy II positions. The number of total employees at Pontiac Unit will be 109 as detailed in the attached Amendment #1. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT David Woodward, Commissioner ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 7/20/2023 David Woodward, Board of Commissioners Approved - 7/20/2023 Hilarie Chambers, Executive's Office Approved - 7/28/2023 Lisa Brown, Clerk/Register of Deeds Final Approval - 8/1/2023 AGENDA DEADLINE: 08/02/2023 8:35 PM ATTACHMENTS 1. Pontiac Request for LES Amendment 2. Sheriff 2022-2024 LES Agreement Pontiac Amend #1 3. Major Division Substation Commander 4. Sheriff's Office - LES Pontiac 2022-2024. Amendment #1 Write Up COMMITTEE TRACKING 2023-07-20 Public Health & Safety - Recommend to Board 2023-07-20 Full Board - Adopt Motioned by: Commissioner Angela Powell Seconded by: Commissioner Kristen Nelson Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, Charles Cavell, Brendan Johnson, Ajay Raman (15) No: Robert Hoffman (1) Abstain: None (0) Absent: Gary McGillivray, William Miller III, Yolanda Smith Charles (3) Passed July 20, 2023 RESOLUTION #2023-2816 _ 23-127 Sponsored By: Penny Luebs Board of Commissioners - Amendment #1 to the 2022-2024 Law Enforcement Services Agreement with the City of Pontiac Chair and Members of the Board: WHEREAS the City of Pontiac has requested an amendment to the agreement to upgrade one (1) Captain position to a Major Division/Substation Commender position and add two (2) Patrol Investigator positions beginning on July 20, 2023. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves and authorizes its Chairperson to sign Amendment #1 to the original Oakland County Sheriff's Office 2022 – 2024 Law Enforcement Services Agreement with the City of Pontiac beginning on July 20, 2023, and continuing until the Oakland County Sheriff's Office 2022 - 2024 Law Enforcement Services Agreement with the City of Pontiac expires or is terminated. BE IT FURTHER RESOLVED to delete one (1) GF/GP Full-Time Eligible (FTE) Captain position (#4030629-11093). BE IT FURTHER RESOLVED to create the following Merit classification: Title Salary Plan FLSA Status Major Division/Substation Commander 015 Exempt BE IT FURTHER RESOLVED that the following rate be established for Law Enforcement Services for the period July 20, 2023 through December 31, 2024: 2023 2024 Major/Substation Commander $236,852 $244,305 BE IT FURTHER RESOLVED to create one (1) GF/GP FTE Major Division/Substation Commander position in the Sheriff’s Office, Patrol Services Division, Pontiac Unit (#4030629). BE IT FURTHER RESOLVED to create two (2) GF/GP FTE Deputy II positions in the Sheriff’s Office, Patrol Services Division, Pontiac Unit (#4030629). BE IT FURTHER RESOLVED that two (2) unmarked patrol vehicles with mobile radio be added to the County fleet to satisfy the requirements of Amendment #1. BE IT FURTHER RESOLVED that two (2) cell phones, two (2) body-worn cameras, and two (2) prep radios be added to inventory to satisfy the requirements of Amendment #1. BE IT FURTHER RESOLVED that the future level of service, including the continuation of position(s), is contingent upon the level of funding associated with this agreement. BE IT FURTHER RESOLVED that this amendment will take effect July 20, 2023. BE IT FURTHER RESOLVED that a Schedule A - Budget Amendment shall be included in a future Management and Budget quarterly financial report. Chair, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs. Date: July 20, 2023 David Woodward, Commissioner Date: July 28, 2023 Hilarie Chambers, Deputy County Executive II Date: August 01, 2023 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2023-07-20 Public Health & Safety - Recommend to Board 2023-07-20 Full Board - Adopt Motioned by Commissioner Angela Powell seconded by Commissioner Kristen Nelson to adopt the attached Interlocal Agreement: Amendment #1 to the 2022-2024 Law Enforcement Services Agreement with the City of Pontiac. Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, Charles Cavell, Brendan Johnson, Ajay Raman (15) No: Robert Hoffman (1) Abstain: None (0) Absent: Gary McGillivray, William Miller III, Yolanda Smith Charles (3) Passed ATTACHMENTS 1. Pontiac Request for LES Amendment 2. Sheriff 2022-2024 LES Agreement Pontiac Amend #1 3. Major Division Substation Commander 4. Sheriff's Office - LES Pontiac 2022-2024. Amendment #1 Write Up STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 20, 2023, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan on Thursday, July 20, 2023. Lisa Brown, Oakland County Clerk / Register of Deeds OAKLAND COUNTY SHERIFF'S OFFICE 2022-2024 LAW ENFORCEMENT SERVICES AGREEMENT WITH THE CITY OF PONTIAC Amendment 1 Pursuant to Paragraph 29 of the 2022-2024 Law Enforcement Services Agreement between the COUNTY and the CITY OF PONTIAC (the “Agreement”), the parties hereby agree to amend said Agreement to add two (2) Patrol Investigator positions, one (1) Major position and delete one (1) Captain position in accordance with the attached Exhibit 1 (Schedule A) beginning on the effective date of this Amendment 1. The attached Exhibit 1 replaces and supersedes the Schedule A attached to the Agreement beginning on the effective date of this Amendment 1. This Amendment 1 shall take effect on July 1, 2023 and shall continue until the Agreement expires or is terminated. All other provisions in the Agreement not otherwise affected by the attached Exhibit 1 remain in full force and effect. FOR AND IN CONSIDERATION of the mutual assurances, promises, acknowledgments, set forth in this Amendment 1 and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment 1 on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Amendment 1. IN WITNESS WHEREOF, Tim Greimel, Mayor of the City of Pontiac, hereby acknowledges that he has been authorized by a resolution of the Municipality’s governing body to execute this Amendment 1 on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Amendment 1. EXECUTED: __________________________ DATE: _______________ Tim Greimel Mayor WITNESSED: _________________________ DATE: _______________ Garland Doyle Clerk IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, to execute this Amendment 1 on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Amendment. EXECUTED: __________________________ DATE:_______________ David T. Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: __________________________ DATE: _______________ County of Oakland Exhibit 1 SCHEDULE A City of Pontiac 2022-2024 Law Enforcement Services Agreement Amendment #1, effective July 1, 2023 SHERIFF'S DEPUTIES CONTRACTED FOR AND TO BE ASSIGNED TO MUNICIPALITY Rank of Sheriff’s Deputies Contracted Number of Sheriff's Deputies Contracted Biweekly Charge for each Sheriff’s Deputy to Municipality in 2023 Annual Costs 2023 Biweekly Charge for each Sheriff’s Deputy to Municipality in 2024 Annual Costs 2024 Major 1 $9,109.70 $236,852 $9,396.35 $244,305 Captain $7,947.93 $8,199.29 Lieutenant 3 $7,008.13 $546,634 $7,200.79 $561,662 Patrol Sergeant 8 $6,367.58 $1,324,457 $6,541.59 $1,360,651 Detective Sergeant 1 $6,508.55 $169,222 $6,691.21 $173,971 Deputy II (w/fill) $6,517.78 $6,693.55 Deputy II (no- fill) 61 $5,678.26 $9,005,720 $5,837.46 $9,258,211 Deputy II (no- fill/no- vehicle) $5,408.48 $5,555.78 Patrol Investigator (no-fill) 20 $5,872.35 $3,053,622 $6,041.25 $3,141,450 Deputy I (no- fill) $5,284.86 $5,437.23 Estimated Overtime $918,000 $936,360 Front desk & building PTNE Security Deputies 12 $27.15 per hour $325,800 estimated $27.69 per hour $332,280 estimated PTNE Office Support Clerk 2 $22.16 per hour $44,320 estimated $22.60 per hour $45,200 estimated Technical Office Specialist 1 $3,123.85 $81,220 $3,186.33 $82,844 TOTAL 109 $15,705,847 $16,136,934 NOTE: For each “Deputy II (w/fill)” identified above, the O.C.S.O. will, at no additional cost to the Municipality, provide a substitute Sheriff’s Deputy (i.e., a “fill-in”) to provide Law Enforcement Services to the Municipality whenever a contracted “Deputy II (w/fill)” is absent from the Municipality during any 80-hour biweekly period for any reason except those reasons enumerated in Paragraph 6.1 of the Agreement. NOTE: The O.C.S.O. will not assign any trainees to perform the duties of any Sheriff’s Deputy contracted for and assigned to perform Law Enforcement Services under this Agreement. 07/20/23.MB DRAFT OAKLAND COUNTY MICHIGAN Class Title: MAJOR DIVISION / SUBSTATION COMMANDER Department: Sheriff’s Office Reports To: Sheriff and/or Undersheriff FLSA Status: Exempt Salary Plan: 015 GENERAL SUMMARY Acts in a coordinating and supervisory capacity between the Office of the Sheriff and the specific divisions within the Law Enforcement area of the Sheriff’s Office, coordinating staffing, services, and communications. Initiates and oversees all internal investigations within the division, represents the Sheriff's Office to outside agencies as commander of respective Law Enforcement or Correction Division, and reviews labor issues initiated by the Oakland County Deputy Sheriff's Association, the IBEW and UAW. Assists in the development of both short- and long-range plans for services and programs. Guides, directs, and monitors command staff action, reviews command staff reports and activities prior to presentation to the Sheriff, and represents the Sheriff in command staff relationships. Acts as officer-in-charge in the absence of the Sheriff and Undersheriff in each respective area. Utilizes current Countywide and/or department specific software to complete assignments. SUPERVISION EXERCISED The Major maintains authority to supervise departmental operations in the absence of the Sheriff and Undersheriff. Further, the Major is assigned to monitor and direct the Captains/subordinate Division Commanders to ensure the uniform application of established departmental policies and procedures. Provides guidance and direction to division commanders in preparation of staff studies, reports, and projects as directed by Sheriff or Undersheriff. Ensures timetables are adhered to in all matters involving staff. ESSENTIAL JOB FUNCTIONS Acts as liaison between the Sheriff's Office and each Captain/subordinate Division Commander. Provides information regarding the Sheriff's guidelines and policies and ensures they are consistently adhered to among the divisions. Coordinates the exchange of essential information between divisions to maintain effective communication. Notifies Sheriff and Undersheriff of all important matters immediately upon same being brought to his/her attention. Monitors and coordinates the services planned by each division as well as staffing arrangements and materials usage in order to prevent duplication of services or staff and to ensure effective use of departmental assets. 2 CLASS TITLE: MAJOR DIVISION/SUBSTATION COMMANDER Oversees and reviews all internal investigations within their respective division command, except those specifically authorized by the Sheriff, including complaints by inmates, alleged criminal activity or improper behavior of staff, etc., in order to ensure departmental integrity. Reviews labor issues initiated by the Sheriff, Oakland County Deputy Sheriff's Association, and the Oakland County Employees Union. Analyzes labor problems and makes recommendations to administration regarding resolution or course of action. Works with Captains/subordinate Division Commanders, assisting in the development of long-range plans for services and programs. Makes regular and detailed inspections of department operation units, installations, and personnel, and makes reports of observations and activities. Directs the maintenance of all departmental disciplinary files within division. Monitors preparation of Personnel Appeal Board actions. Reviews or assists in the preparation of cases to go before the Appeal Board. May make presentation of department's case. Monitors maintenance of court files of lawsuits against the department personnel within division. Assists County attorneys in case preparation, depositions, etc., as required. Recommends assignments, transfers, and advanced training of operational units and personnel after consultation with command staff. Conducts continuing training of Captains/subordinate Division Commanders at command staff level. Ensures that all policies, orders, directives, and procedures are understood and properly transmitted to department members. Follows up on new orders to ensure proper implementation. Reviews all reports forwarded to Sheriff for content, objectivity, and responsiveness to problem or project. Makes recommendations, seeks clarification, and presents completed work to Sheriff. Represents the Sheriff's Office to various outside agencies, such as state and federal regulating departments, when a law enforcement command officer is required. Acts as the department representative in Personnel Appeal Board hearings and related matters. Acts as liaison with command staff of other law enforcement agencies and the Oakland County Chief of Police Association and the Corrections associations. Acts as officer-in-charge in the absence of the Sheriff, Undersheriff, and Deputy Chief of Staff Majors. Utilizes current Countywide and/or department specific software to complete assignments. ADDITIONAL DUTIES & RESPONSIBILITIES May act as Public Information, handling media contact and news releases. 3 CLASS TITLE: MAJOR DIVISION/SUBSTATION COMMANDER ESSENTIAL MENTAL & PHYSICAL REQUIREMENTS Ability to communicate to accurately convey information. Ability to prepare reports, analyze data, and focus for long periods of time. Ability to operate a motor vehicle and/or be a passenger. WORKING CONDITIONS Work is performed in a typical office environment. May encounter situations where people could become confrontational. IMPORTANT NOTE: The primary purpose of this job description is to set a fair and equitable salary range for this job classification. Generally, only those key duties necessary for proper job evaluation and/or labor market analysis have been included. Other duties and responsibilities will be assigned by the supervisor. EXPERIENCE, TRAINING, KNOWLEDGE, SKILLS & ABILITIES A. REQUIRED MINIMUM QUALIFICATIONS 1. Merit System Status as a Captain within the Oakland County Sheriff's Office. 2. Possess a valid motor vehicle operator's or chauffeur's license. B. ADDITIONAL DESIRABLE QUALIFICATIONS 1. Considerable knowledge of the Sheriff's policy decisions and guidelines for procedures and the ability to effectively communicate those directives to staff. 2. Considerable knowledge of the criminal statutes of Michigan, including the Michigan vehicle code, laws of arrest, seizure, and evidence, and considerable experienced in all phases of law enforcement. 3. Considerable ability to make decisions in accordance with departmental policies and procedures. 4. Considerable ability to make decisions under adverse conditions. 5. Considerable supervisory experience. 6. Considerable ability to establish effective relationships with command supervisors, employees, County administrators, local police administrators, regulatory agency personnel and the general public. 4 CLASS TITLE: MAJOR DIVISION/SUBSTATION COMMANDER 7. Considerable ability to compile statistics, gather pertinent information, and make reports. 8. Considerable knowledge of sound criminal investigatory practices and procedures, including internal audit procedures. 9. Considerable knowledge of labor issues and experience in the resolution of those issues. 10. Familiar with current word processing, spreadsheet, database, e-mail, and Internet software. C. SPECIAL REQUIREMENTS 1.Must maintain a valid State of Michigan motor vehicle operator's or chauffeur's license, firearms qualifications and deputization status. 2.A background investigation will be conducted covering an evaluation of employment, school, home, criminal, military, or other personal records. Any conviction or convictions for moving traffic violations, accidents, non-moving traffic violations, or violations of other laws will be reviewed by the Sheriff’s Office before an applicant can be appointed. Information obtained during the background investigation will be considered in the hiring decision. Convictions of the Domestic Violence Statute will be a disqualifying factor. REQUEST: 1. It is requested that the Oakland County Board of Commissioners approves and authorizes its Chairperson to sign Amendment #1 to the original Oakland County Sheriff's Office 2022 – 2024 Law Enforcement Services Agreement with the City of Pontiac beginning on July 20, 2023, and continuing until the Oakland County Sheriff's Office 2022 - 2024 Law Enforcement Services Agreement with the City of Pontiac expires or is terminated. 2. To delete one (1) GF/GP Full-Time Eligible (FTE) Captain position (#4030629-11093). 3. To create the following Merit classification: Title Salary Plan FLSA Status Major Division/Substation Commander 015/131 Exempt 4. To approve the following rate be established for Law Enforcement Services for the period July 20, 2023 through December 31, 2024: 2023 2024 Major Division/Substation Commander $236,852 $244,305 5. To create one (1) GF/GP FTE Major Division/Substation Commander position in the Sheriff’s Office, Patrol Services Division, Pontiac Unit (#4030629). 6. To create two (2) GF/GP FTE Deputy II positions in the Sheriff’s Office, Patrol Services Division, Pontiac Unit (#4030629). PROPOSED FUNDING: Law Enforcement Services Contracts with the City of Pontiac. OVERVIEW: The City of Pontiac has contracted with the Oakland County Sheriff's Office to provide law enforcement services for the City (M.R. #21525). Paragraph 29 of the agreement provided that an amendment to this agreement must be approved by a resolution of the Oakland County Board of Commissioners and the City of Pontiac. The City of Pontiac has requested an amendment to the agreement to upgrade one (1) Captain position to a Major position and add two (2) Patrol Investigator positions beginning on July 20, 2023, and continuing until the current agreement expires or is terminated. A new contracted rate for Major must be established. The Sheriff has agreed to the provisions of Amendment #1 for the City of Pontiac under the terms of this agreement. It is requested that the Oakland County Board of Commissioners approves and authorizes its Chairperson to sign Amendment #1 to the original Oakland County Sheriff's Office 2022 – 2024 Law Enforcement Services Agreement with the City of Pontiac beginning on July 20, 2023, and continuing until the Oakland County Sheriff's Office 2022 - 2024 Law Enforcement Services Agreement with the City of Pontiac expires or is terminated. It is also requested that the following rate be established for Law Enforcement Services for the period July 20, 2023 through December 31, 2024: 2023 2024 Major Division/Substation Commander $236,852 $244,305 It is requested to delete one (1) GF/GP Full-Time Eligible (FTE) Captain position (#4030629-11093). It is requested to create a Major Division/Substation Commander, Merit status classification, FLSA Exempt at salary plan 015/131. It is requested to create one (1) GF/GP FTE Major Division/Substation Commander position in the Sheriff’s Office, Patrol Services Division, Pontiac Unit (#4030629), and create two (2) GF/GP FTE Deputy II positions in the Sheriff’s Office, Patrol Services Division, Pontiac Unit (#4030629). It is requested that two (2) unmarked patrol vehicles with mobile radio be added to the County fleet to satisfy the requirements of Amendment #1. It is also requested that two (2) cell phones, two (2) body worn cameras, and two (2) prep radios be added to inventory to satisfy the requirements of Amendment #1. The future level of service, including the continuation of position(s), is contingent upon the level of funding associated with this agreement. This amendment will take effect July 20, 2023. The FY 2023 – FY 2024 budgets are amended as detailed in the attached Schedule A. COUNTY EXECUTIVE RECOMMENDATION:Recommended as Requested. PERTINENT SALARIES FY 2023 *Note: Annual rates are shown for illustrative purposes only. Class Gr Period Step 01 Step 12 Step 24 Step 36 Step 48 Step 60 Step 72 Step 84 Deputy II --Annual Bi-wkly 61,172 2,352.76 65,571 2,521.96 69,999 2,692.28 75,030 2,885.76 77,772 2,991.24 83,241 3,201.56 Captain --Annual Bi-wkly 113,435 4,362.90 117,220 4,508.45 121,014 4,654.37 Major Division/ Substation Commander 015 / 131 Annual Bi-wkly 108,403 4,169.34 113,666 4,371.75 118,928 4,574.16 124,190 4,776.53 129,452 4,978.94 134,715 5,181.35 139,978 5,383.76 145,239 5,586.13 *Note: Annual rates are shown for illustrative purposes only. SALARY AND FRINGE BENEFIT SAVINGS **Note: Fringe benefit rates displayed are County averages. Annual costs are shown for illustrative purposes only. Actual costs are reflected in the budget amendment. Delete one (1) GF/GP FTE Captain position (#4030601-11093) Salary at Step 24 $121,014 Fringes @35.48% $42,936 Total Health Care Based Fringes $13,574 Savings ($177,524) Create one (1) GF/GP FTE Major Division/Substation Commander position Salary at Step 12 $113,666 Fringes @35.48% $40,329 Total Health Care Based Fringes $13,574 Cost $167,569 Create two (2) GF/GP FTE Deputy II positions Salary at Step 12 $65,571 Fringes @35.48% $23,265 Total Health Care Based Fringes $13,574 Cost of One Position $102,410 Cost of Two Positions $204,820 Total Cost $194,865