OA
CARNEY MEHR
A Legal Corporation
STAFF REPORT
TO: Board of Directors, Integrated Law & Justice Agency for Orange County FROM: Kendra L. Carney Mehr, Legal Counsel
DATE: October 24, 2022
RE: Amendments to ILJAOC's Joint Powers Agreement
Introduction
It has been seven years since the ILJ last reviewed and modified its Joint Powers Agreement. Following a question from the Board regarding the order of voting alternates appointed by the Orange County Chiefs' and Sheriff's Association, the ILJ's Executive Director, Recording Secretary, and Legal Counsel reviewed the Restated and Amended Joint Powers Agreement (the "Agreement"). The following describes the minor amendments proposed to further clarify the Agreement and ensure the practices of the Board conform with the requirements of the Agreement.
Background
The Member Agencies originally adopted the Joint Powers Agreement (the "Agreement") on September 3, 2008. The Agreement was next amended on June 8, 2015. The Agreement governs the operation of the ILJ. The Agreement is executed by all Member Agencies. And, all Member Agencies must approve the proposed amendments.
Discussion
The following amendments to the Agreement are proposed:
• Page 1: The amendments list the date of the proposed amendment and clarify when the original Agreement was adopted.
1 • Page 2: The amendment adds the last date the Agreement was restated and amended. • Page 7:
o Section 3.01: The amendment clarifies the ongoing membership of the ILJ. o Section 3.02: The amendment confirms that the Orange County Chiefs' and Sheriff's Association shall appoint six Board Members and one alternate Board Member who may serve as a voting member in the event less than all six voting Board Members are present when a vote is called.
• Page 8
o Section 3.02: This amendment clarifies that Board Members that do not serve in an elected position may be removed for any reason by their respective appointing authorities and differentiates elected officials who may only be removed by recall. o Section 3.03: This amendment requires that each Board Member shall have at least one alternate, and no more than two alternates, with the exception of the elected Board Members who shall have at least one alternate and no more than three alternates.
o Section 3.04: This amendment distinguishes non-voting Member Agency representatives from the public for purposes of continuing to engage in discussion separate and apart from public comment.
• Page 11:
o Section 3.16: This allows the Board latitude to appoint legal counsel as it sees fit and mirrors the language of the Board's ability to appoint an Executive Director. • Page 22:
o Section 8.01: The amendment allows any future amendments to be executed in digital format, by digital signatures, and in counterparts. • Page 25: The amendment removes the requirement that an Agency's mayor must execute an amendment to the Agreement in recognition of the fact that some or all Member Agencies may have delegated the ability to approve an amendment to the Agreement to a designee of the City Council, and that not all Member Agencies have a mayor.
Procedure
Should the Board approve the proposed amendments, or any portion of the proposed amendments, the Executive Director will prepare a packet for the Member Agencies to review and approve in accordance with their respective requirements.
Fiscal Impact
There is no fiscal impact to the ILJ as a result of this action. 2 Recommended Action
Review and approve the proposed amendments to the Joint Powers Agreement for further review and approval by the Members Agencies.
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