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HomeMy WebLinkAboutResolutions - 2007.10.04 - 9335September 20, 2007 MISCELLANEOUS RESOLUTION #07222 BY: Public Services Committee, Jeff Potter, Chairperson IN RE: SHERIFF'S OFFICE - USE OF FORFEITED FUNDS FOR ADDITION TO THE CANINE UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Section 333.7524 of Public Act 368 of 1978 authorizes courts to distribute property and funds forfeited through narcotic seizures to narticicatir:s agencies to be utilized toward the enhancement of law enforcement efforts related to tne Controlled Substances Act; and WHEREAS the courts have distributed $295,941.92 (balance as of 7/31/2007) as a resa_;lt of Sheriff's Office forfeiture efforts; and WHEREAS the Sheriff is requesting that a portion of these funds be used to pay for the p',:rchase of one (1) trained canine dog and equipment; and WHEREAS the dog and equipment will be used by the Sheriff's Office to enhance law enforcement efforts in compliance with state law; and WHEREAS the canine will be assigned specifically to Highland Township; and WHEREAS the vehicle for this canine will ce provided by the Highland Township patrol contract; and WHEREAS the estimated exoenses are $13,775 for the canine and equipment and $2,500 for annual expenses. NOW THEREFORE 3E :7 RESOLVED that the 0a5land County Board of Commissioners authorizes the use of $16,275 from the Sheriff's Office Law Enforcement Enhancement Account (#222430) to purchase the attached equipment. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Public Services Committee Vote: Motion carried unanimously on a roll call vote with Gershenson absent Sheriff's Office Use of Forfeited Funds 9/01/07 Capital Costs Trained Canine (I) Canine insert for vehicles with Hot dog applications Total Capital costs Operating costs Dog food, vet expePses Total 4,275 S2, 500 5 5 ,7 75 The proposal is to have a K-9 unit assigned SO the Higniand sub-station in an existing contracted position. Highland Township would agree to provide an existing assigned station patrol vehioie to the K-9 handler, agree to allow the K-9 deputy to attend K-9 training on Wednesdays, agree to pay the K-9 deputy .3 hours in overtime on a daily basis for dog care and grooming if the handler does not have .0 hours available during his assigned shift to groom his dog. The station commander will assign the selected K-9 handier to the desired snift that best suites his station. All other costs, purchase of dog, K-9 handLer 'raining, uniforms, equipment, vehicle insert, etc., will be paid for by the department using forfeiture funds. LETTER OF UNDERSTANDNG CONCERNING CANINE PROGRAM The County of Oakland ("County") and the Oakland County Sheriff's Office ("OCSO") have established a Canine Program and, after negotiations with the Oakland County Command Officers' Association ("Union"), have agreed upon the work hours, reimbursement, and other conditions for the Canine Program. Canine Program and Policy: Canine duty is voluntary and participation in the Canine Program is considered to be a privilege. Individuals seeking assignment to the Canine Program should have a love of animals and be dedicated to the care, training and well-being of the canine assigned to them. The home environment for the canine should be one where the canine will be treated well by family members who want the canine to be part of the home environment. The County reserves the right to inspect any non-residential structure used exclusively for canine housing to ensure proper care and maintenance. Participation in the Oakland County Sheriff's Office Canine Program must be carefully considered by the individual seeking the assignment. It requires commitment by the employee and an investment by the County and the OCSO in terms of cost and training time. In addition, once a canine is bonded to a handler, changes are difficult to make and costly in terms of training time and reacclamation for the canine. Once voluntarily applied for and assigned to the Canine Unit, employees cannot be reassigned without the express permission of the Sheriff. Except as provided herein, the County and/or the OCSO may change the Program from time-to-time as they believe necessary. Canine Unit Assignment: Assignment to and removal from the Canine Unit is at the sole discretion of the Sheriff. The Sheriff shall select among interested bargaining unit employees for this assignment. Individuals who accept assignment into the Canine Program will, in addition to departmental duties and training, maintain their canine at their home during non-duty hours and will transport the canine to and from work as required in a marked patrol unit provided by the OCSO. They will also care for the canine including feeding, grooming, veterinary care and all related matters for the nourishment, care and well-being of the canine. Work Hours for Employees Participating In the Canine Program: The County, the OCSO, and the Union have met and have negotiated concerning canine duty and the amount of off-duty time required per week for the care, feeding, maintenance and veterinary care of the canine. After reviewing the pertinent facts, the County, the OCSO, and the Union acknowledge that in some weeks, more or less time will be required for canine care than other weeks and that due to the varying time requirements for canine care and the fact that the employee will care and maintain the canine at his/her home (which is considered to be a privilege and a benefit for the employee and his/her family), that two and one-half (2 1/4) hours per week is a fair and reasonable allotment of the required time and fair compensation for the feeding, care, veterinary care and other related maintenance for the canine. Employees shall not receive additional compensation, daily overtime, or weekly overtime for the feeding, care, veterinary care, or maintenance of the canine. The Union hereby waives any daily overtime provision in the Labor Contract and/or the Merit System Rules in regard to the feeding, care, veterinary care, and maintenance of the canine. Accordingly, the normal work week for employees assigned to canine duty shall be 37 1/2 hours of OCSO work per week and 2 1/2 hours per week designated for the feeding, care, veterinary care and other maintenance of the canine during off-duty hours. Daily and weekly overtime payments shall be based on a 7 1/2 hour work day and 37 1/2 hour work week. Overtime shall be paid only for OCSO work (separate and apart from the transportation, feeding, care, veterinary care and other maintenance related to the canine). During vacation weeks or at other times when the canine is boarded, the employee's wages shall not be reduced below 40 hours per week because the canine is being boarded at a kennel during that time. The parties hereto acknowledge that since the off-duty work is performed at home, the OCSO has no means of determining how much time is spent caring for the canine. The employee shall limit the off-duty time he/she expends for the canine to two and one-half (2 Y2) hours per week and shall not expend additional time without the written permission of the Sheriff Cost of Boarding, Food, Equipment and Other Related Canine Care: The cost of food, veterinary care, grooming, boarding where necessary, equipment, and other related items for the canine, shall be paid by the County. Food, veterinary care, grooming equipment and other necessities for the canine shall be obtained from vendors designated by the County. In the event the employee expends his/her funds for the canine, he/she shall be reimbursed upon presentation of documentation satisfactory to the County. 2 Approved Leave: Employees who are on armual leave or other approved leave, but who continue to care for the canine, will be charged seven and one-half (7 1/2) hours from their appropriate bank each day, but will receive 8 hours of compensation for each day of approved leave. Non-County Related Use of Canine Prohibited: The canine is the property of Oakland County. The canine may only be used for County or OCSO purposes and during non-duty hours may be a pet at the employee's home. The canine shall not appear in or be used in any show, event, performance, advertisement or similar activity without the written consent of the Sheriff. Date: Command Officers Association Date: County of Oakland Date: Oakland County Sheriff's Office 3 Resolution #07222 September 20, 2007 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #07222) October 4, 2007 BY: Finance Committee, Mike Rogers, Chairperson IN RE: SHERIFF'S OFFICE — USE OF FORFEITED FUNDS FOR ADDITION TO THE CANINE UNIT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Funds in the amount of $314,732.82 (balance as of 9/17/07) are available in the Sheriffs Department Law Enforcement Enhancement account. 2. The Sheriff is requesting $16,275 of these funds be used to pay for one (1) trained canine dog and one (1) patrol vehicle insert to enhance law enforcement efforts in compliance with state law for the use of these funds. 3. The operating costs of the K-9 Program that exceed its allocation will be reimbursed to the General Fund at the conclusion of the Fiscal Year by transfer from the Law Enforcement Enhancement account. 4. Funds are held in General Fund General Ledger Account (#10100-4030101-110090- 222430). The Fiscal Year 2008 and Fiscal Year 2009 budget should be amended as follows: FY 2008 FY 2009 GENERAL FUND #10100 Revenue 4030601-116210-731024 Enhancement Revenue $16,275 $2,500 $16,275 $2,500 Expenditures 4030601-116210-731024 K-9 Program $12,500 $2,500 4030601-116210-788001-66100 Motor Pool Trans $ 4,275 $ -0- $ 16,275 $2,500 MOTORPOOL FUND #66100 Revenue 1030811-184010-695500-10100 Trf from Gen. Fund $ 4,275 $ 4,275 $ -0- Expenditures 1030811-184010-750413 Parts and Accessories $ 4,275 $ -0- $ 4,275 $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Rogers absent. Resolution #07222 October 4, 2007 Moved by Long supported by Gregory the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Burns, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda, were adopted. l(-A7 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 October 4, 2007, 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 County of Oakland at Pontiac, Michigan this 4th day of October, 2007.