Westminster City Council
SUBJECT
Title
AB 109 Funding for Public Safety Realignment and Post-Release Community Supervision Enhanced Law Enforcement in Fiscal Year 2024-2025.
End
From: Darin Lenyi, Chief of Police
Requested by: Administration
Prepared by: Karla Santillan, Business Services Manager
____________________________________________________________
RECOMMENDED ACTION
Recommendation
A. Approve a revenue estimate of $93,674 from the 2024-2025 AB 109 Grant to the AB 109 Revenue Account for the Fiscal Year 2024-2025 budget; and
B. Amend the Fiscal Year 2024-2025 Adopted Budget by designating grant revenues in the amount of $93,674 and increasing budgeted expenditures to the Special Police Services Fund, AB 109 expenditures budget for the Fiscal Year 2024-2025 Overtime Costs in the amount of $93,674.
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BACKGROUND
AB 109, "2011 Realignment Legislation Addressing Public Safety," became effective on July 1, 2011. The bill and subsequent related legislation realigned responsibilities regarding adult felony offenders to counties and specified that certain offenders released from state prison are subject to post-release community supervision ("PCS") provided by a county agency designated by its board of supervisors.
Under the PCS 2011 Implementation Plan, municipal agencies may receive funding to provide enhanced law enforcement services, as needed to achieve the objectives of public safety realignment. For Fiscal Year 2024/2025 the total maximum allocation for enhanced municipal law enforcement services of participating agencies in Orange County is $2,580,550. Of that total, the City of Westminster has been allocated funds in the total amount of $93,674.
Municipal agencies that provide enhanced law enforcement services will be individually compensated solely from that total maximum allocation, until such amount is depleted. For subsequent fiscal years, the continued provision of enhanced municipal law enforcement services will be subject to new or additional state funding. The City shall be reimbursed up to a maximum amount of $93,674 from the FY2024-2025 allocation.
FY 2024-2025 AB 109 LLE Allocation
The FY 2024-2025 AB 109 allocations to the Local Law Enforcement (LLE) was approved by the OC Community Corrections Partnership (OCCCP) on February 29, 2024. The budget was adopted by the OC Board of Supervisors in June. The below table provides an estimated distribution schedule of the payments to the LLE’s after funds have been received from the State. As a reminder, funds are received 2 months in arrears from the State.
|
Quarter Payment Period |
State $ Received In |
Estimated Disbursement to the City of Westminster |
|
Q1: July - Sep |
Sep - Nov |
Dec 31 |
|
Q2: Oct - Dec |
Dec - Feb |
Mar 31 |
|
Q3: Jan - Mar |
Mar - May |
June 30 |
|
Q4: Apr - June |
June - Aug |
Sep 30 |
Reimbursement Requirements:
The reimbursement rate for claiming overtime services is one and one-half (1-1/2) times the hourly salary of law enforcement personnel performing overtime services under the original MOU. The County will verify source documents for cities’ invoices claiming cost reimbursement for law enforcement overtime services. Other allowable and claimable operating expenses shall include (but not be limited to) professional and technical training, equipment, general supplies, travel, and mileage, all as they directly relate to AB 109 and the objectives of public safety alignment, services rendered, or authorized expenditures incurred under the MOU.
FISCAL IMPACT
Reimbursement funds up to the amount of $93,674 received from the County for AB 109 FY 2024-2025 will be allocated to the Special Police Services Fund Revenue (Fund 264, Account No. 39253-34490 Intergovernmental - County Other.
The funds received in the amount of $93,674 will be spent through an allocation to the Special Police Services Fund - Overtime (Fund 264, Account No. 39253-40001). The result of the above-mentioned budget adjustment has no fiscal impact on the City’s General Fund.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
In order for staff to commence operations, the grant must be accepted by the City Council and the adopted budget must be amended as proposed.
ATTACHMENTS
1. County of Orange Community Corrections Partnership AB 109 Allocations FY 2024-2025.
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager