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HomeMy WebLinkAbout32-Police Department ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Michael A. Billdt, Chief of Police Subject: Resolution of the City of San Bernardino authorizing the Law Firm of Dept: Police Department Jones and Mayer to represent the Police Chief of the City of San Bernardino in Date: August 27, 2007 litigation intervening in the early release of state prison inmates pursuant to the Prison Litigation Reform Act. M/CC Meeting Date: Sept. 4th, 2007 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. MICHAEL A. BILLDT, CHIEF OF POLICE Contact person: Michael A_ Billdt Phone: 384-5607 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A Acct Description) N/A Finance: Council Notes: L0 ZC0 7- S77 q1 6-7 Agenda Item No. 20— CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subiect Resolution of the City of San Bernardino authorizing the law firm of Jones and Mayer to represent the Police Chief of the City of San Bernardino in litigation intervening in the early release of state prison inmates pursuant to the Prison Litigation Reform Act. Background On August 1St, 2007 the Chief Judge of the Ninth Circuit United States Court of Appeals appointed a three judge panel to consider whether or not to issue a prisoner release order as a result of concluding that the over crowed conditions in the California prison system violated the constitutional rights of those inmates. Pursuant to the authority of the Federal Prison Reform Act, 18 USC 3636, this three judge federal court will decide whether or not to release up to 40,000 state prison inmates and/or impose a prison population cap preventing the transfer of sentenced prisoners from county jails into the state prison system. As a result of the creation of this three judge panel and the likelihood of inmate release and/or the implementation of a prison population cap, several law enforcement groups have joined together in a collaborative effort to block the early release of prison inmates into our communities. The California State Sheriff's Association (CSSA), California Police Chief's Association (CPCA), and the Chief Probation Officers of California (CPOC) have joined together to in intervene in this pending federal action in order to bring direct evidence and testimony to the three judge panel. The over arching goal is to educate the jurists on the significant impact their proposed actions would have upon local communities relative to increased crime and decreased safety. The law firm of Jones and Mayer has been retained by the three associations to represent them in this undertaking. A request for continuance was filed on behalf of the CSSA, CPCA and CPOC on August 15th 2007 by Jones and Mayer to allow other municipal Chiefs of Police as well as additional Chief Probation Officers to secure authorization from their respective governing bodies to participate in this litigation which is critical to public safety. Funding for the litigation has been secured from a variety of sources including the CSSA, CPCA, CPOC, the California Association of Counties (CSAC) and the California Peace Officers' Association (CPOA). This collaborative represents a diverse public sector of organizations that have joined together to prevent what could be a public safety disaster. In addition to the above groups, fourteen elected District Attorneys and thirty one members of the State Assembly have also filed motions to intervene in the litigation surrounding this issue. Federal law allowes that certain state and local officials have the right to intervene in such an action due their direct involvement in funding and/or maintaining custodial facilities as well as prosecuting those who are sentenced to state facilities. San Bernardino Police Chief Michael A. Billdt is seeking to join other law enforcement executives, including the California State Sheriff's Association, California Police Chief's Association and Chief Probation Officers of California to prevent the potentially devastating regional influx of prison inmates into our communities. The City of San Bernardino will experience the return of many of these inmates who have not fully served the term of their prison commitment, mandated by their criminal conviction. Financial Impact None Recommendation Adopt Resolution I 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 LAW FIRM OF JONES AND MAYER TO REPRESENT THE POLICE CHIEF OF THE CITY OF SAN BERNARDINO IN LITIGATION INTERVENING IN THE 4 EARLY RELEASE OF STATE PRISON INMATES PURSUANT TO THE PRISON 5 LITIGATION REFORM ACT. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the City Manager hereby authorizes the Law Firm of Jones and 9 Mayer to represent the City of San Bernardino and Police Chief Michael A. Billdt in litigation 10 brought forth by the California State Sheriff's Association (CSSA), the California Police 11 Chief's Association (CPCA), and the Chief Probation Officers of California (CPOC) to 12 intervene in the early release of state prison inmates pursuant to the Prison Litigation Reform 13 Act. 14 HI 15 16 17 18 19 20 21 22 23 24 25 26 /// 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 LAW FIRM OF JONES AND MAYER TO REPRESENT THE POLICE CHIEF OF THE CITY OF SAN BERNARDINO IN LITIGATION INTERVENING IN THE 3 EARLY RELEASE OF STATE PRISON INMATES PURSUANT TO THE PRISON LITIGATION REFORM ACT. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2007, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of 12007. 21 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to Form: 25 26 James F. Penman, City Attorney 27 28 F ,moo Flo, �ED 1L� OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO .LAMES F. PENMAN CITY ATTORNEY August 31, 2007 Mayor and Council 300 North "D" Street San Bernardino, CA 92401 Dear Mayor and Council: Pursuant to the requirements of Charter Section 241, this office hereby consents to having the Law Firm of Jones&Mayer represent Police Chief Michael A.Billdt and the City in intervening in litigation currently pending before the Ninth Circuit Court of Appeals under the federal Prison Litigation Reform Act. Very truly yours,,,Q tAMES F. PENMAN, City Attorney cc: Rachel Clark, City Clerk, City Clerk's Office Fred Wilson, City Manager, City Manager's Office Michael A. Billdt, Chief of Police, San Bernardino Police Department No, 1Y10 7 300 NORTH "D" STREET • SAN BERNARDINO, CA 92418-0001 • (909) 384-5355 • FAx (909) 384-5238 Vol.22 No. 12 August 17,2007 JONES & MAYER Attorneys at Law 3777 N.Harbor Blvd. Fullerton,CA 92835 Telephone: (714)446-1400**Fax: (714)446-1448 **Website:www.Jones-Mayer.com CLIENT ALERT MEMORANDUM To: All Police Chiefs & Sheriffs From: Martin J. Mayer 40,000 INMATES RELEASED TO YOUR COMMUNITIES Pursuant to the authority of the federal On August 1, 2007, the Chief Judge of Prison Litigation Reform Act (PLRA), the Ninth Circuit U.S. Court of Appeals 18 USC 3626, a three judge federal court appointed a three judge panel consisting will shortly decide whether or not to of Judges Henderson and Karlton, as release, potentially, up to 40,000 state well as the Honorable Stephen prison inmates and/or impose a Reinhardt, United States Circuit Judge population cap on state prisons thereby for the Ninth Circuit, to consider preventing the transfer of sentenced whether or not to issue a prisoner release prisoners from county jails to the state order, as a result of concluding that the prison system. After twelve years of over crowded conditions in the ongoing litigation, two federal district California prison system violated the judges, the Honorable Felton Henderson federal constitutional rights of those of San Francisco, and the Honorable inmates. Lawrence K. Karlton of Sacramento, ruled that situations exist in the In fact, there are approximately 175,000 California prison system justifying the inmates in the state's system, which was creation of a special three court judge to designed to only hold approximately assume virtual control over the state 100,000 inmates. Judges Henderson and prison system. Karlton have also concluded, based upon The firm of Jones & Mayer has been prior hearings that the system is retained by the three associations to woefully inadequate in providing represent them in this undertaking. As appropriate medical and mental health such, we filed a Motion to Intervene on care for as many as 33,000 inmates who Wednesday, August 15, 2007 on behalf qualify for such treatment. of twenty-three sheriffs throughout the state of California and one Chief Recognizing these problems, Governor Probation Officer. We also filed a Arnold Schwarzenegger and the request for a continuance to allow California State Legislature passed AB municipal chiefs of police, who operate 900 which set aside over seven billion Type 1 jails, as well as additional chief dollars to create 53,000 new prison beds; probation officers to secure authorization increase the quality of medical care in from their respective governing bodies the system; develop, in conjunction with to join in the litigation as well. (Since local communities, re-entry facilities for police chiefs and chief probation officers inmates being released back to the are not elected officials they cannot communities; and increase support engage in litigation without the services for those individuals. authorization of their governing bodies. Unfortunately, Judges Henderson and Sheriffs and District Attorneys as Karlton have stated that those efforts are constitutionally elected officials may inadequate and will not remedy the proceed independently.) constitutional violations currently in existence. In addition to the action taken by the sheriffs, approximately fourteen elected COLLABORATIVE EFFORT district attorneys and thirty-one members of the State Assembly also filed motions As a result of the creation of this three to intervene in the litigation. Federal judge court and the likelihood of the law states that certain state and local immediate and potentially horrific officials, including sheriffs, chief actions of the court, a variety of stake probation officers, prosecutors and holders have joined together in a legislators, have an unconditional right collaborative effort to try and stave off to intervene in such an action due to such pending disaster. The California their direct involvement in funding State Sheriffs' Association (CSSA), the and/or maintaining custodial facilities, as California Police Chiefs Association well as prosecuting those who are then (CPCA), and the Chief Probation sentenced to state facilities. Officer's of California (CPOC) have joined together to intervene in the FUNDING FOR THE LITIGATION federal action to bring direct evidence and testimony to the three judges in an Recognizing the potential impact upon effort to educate them on the significant public safety, and the need to act impact such actions would have upon expeditiously, a variety of organizations local communities and the criminal have "stepped up to the plate" justice system at large. committing funds to enable the voices of i sheriffs, chief probation officers and be required to house those individuals in municipal police chiefs to be heard by county jails and may be forced, as a the federal court. result thereof, to release current inmates being held pretrial or serving sentences The CSSA, CPCA, and CPOC boards of of a year or less. directors all voted to provide the funds to allow their individual members to take Additionally, local law enforcement the action set forth above. In addition, agencies which continue to protect our and even though the not be streets and communities and arrest g Y may or may individual interveners, other public violators of law might as well release sector associations took similar action. them right then and there. Since the The California State Association of sheriffs will be unable to transfer state Counties (CSAC) and the California committed prisoners, eventually there Peace Officers' Association (CPOA) will be "no room at the inn." The effect took the highly commendable step of on local law enforcement, and on the voting to join in the coalition and share communities they serve, is impossible to in the cost of the litigation. This is an truly anticipate or appreciate. unprecedented joining together of diverse public sector organizations in an The litigation in which we have effort to prevent,what could conceivably embarked on behalf of CSSA, CPCA be, a public safety disaster. This is a and CPOC is complicated and not of classic example of good government their making. It is our hope, on behalf of taking swift and immediate action in an these associations and their respective effort to protect its constituents and the members, to convince the three judge community at large. court that the legitimate efforts undertaken by the state of California HOW THIS EFFECTS YOUR AGENCY through the passage of AB 900 are, in fact, meaningful, substantive and will Obviously, if this federal court panel have a positive effect on the problems orders the immediate release of up to identified by the court. We will keep all I 40,000 inmates they will, by law, return of you apprised of the progress of this to the communities from which they matter as we proceed through the federal came. As such, small, medium and large court process. cities and counties will be inundated with an untold number of individuals As always, if you wish to discuss this in who are released before the completion greater detail, please feel free to contact of designated sentences for the me at 714- 446-1400 or by email at commissions and convictions of crimes mjm @jones-mayer.com. which are felonies. Additionally, the court has the authority to impose a cap on the number of inmates housed in the state system which, as indicated above, means that local jurisdictions will be unable to transfer sentenced prisoners to the state system. County sheriffs will, therefore, r , ® 1 RESOLUTION NO. 0 P 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE LAW FIRM OF JONES AND MAYER TO REPRESENT THE POLICE CHIEF OF 3 THE CITY OF SAN BERNARDINO IN LITIGATION INTERVENING IN THE EARLY RELEASE OF STATE PRISON INMATES PURSUANT TO THE PRISON 4 LITIGATION REFORM ACT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino 8 hereby authorize the Law Firm of Jones and Mayer to represent the City of San Bernardino and 9 Police Chief Michael A. Billdt in litigation brought forth by the California State Sheriff's 10 11 Association (CSSA), the California Police Chief's Association (CPCA), and the Chief 12 Probation Officers of California(CPOC) to intervene in the early release of state prison inmates 13 pursuant to the Prison Litigation Reform Act. 14 15 16 17 18 19 20 /// 21 22 /// 23 24 25 26 27 28 ,r 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 LAW FIRM OF JONES AND MAYER TO REPRESENT THE POLICE CHIEF OF THE CITY OF SAN BERNARDINO IN LITIGATION INTERVENING IN THE 3 EARLY RELEASE OF STATE PRISON INMATES PURSUANT TO THE PRISON LITIGATION REFORM ACT. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2007, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of 52007. 21 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to Form: 25 L' � 26 a es F. Penman, City Attorney ® 27 28