The Public Safety Department has partnered with the Santa Clara County District Attorney’s Crime Lab for the processing of physical evidence for more than three decades. The services they provide to our department are essential in the successful investigation and subsequent prosecution of criminal cases.

We have partnered in this process under an informal agreement to share the costs associated with work done. All police agencies in the County operate under the same informal agreement.

Staff has researched the possibility of formalizing the agreement and it has been determined that it is in the best interest of all involved participants to continue doing business as is currently being done. Staff recommends that Council approve the FY 2002/2003 payment in the amount of $80,170.

The Santa Clara County District Attorney’s Office Crime Laboratory processes physical evidence for the department as a part of the investigation process for major cases. Beginning in 1982 the Department of Public Safety was billed on a per case basis by the district attorney’s crime laboratory for examination of major case evidence. This was done under an agreement with the City Managers’ Association in conjunction with the County Police Chiefs’ Association. Because no agency could, or can, accurately predict the number of major cases or the amount of testing each case might require, there was a lack of certainty in being able to anticipate the annual bill, thus making budgeting difficult. Additionally, this billing practice could create a disincentive to submitting cases for examination to avoid costly charges.

In 1995, to remedy the billing uncertainty, the Police Chiefs Association and the Santa Clara County District Attorney’s crime lab decided to adopt a billing practice that charges on a five-year average of cases submitted. This allows a department to experience a single year spike in submissions without experiencing a drastic increase in costs the following year, and allows for a department to plan for longer term budgeting. However, significant cost increases have occurred over the past several years, largely due to the technology upgrades as described below.

This has always been an informal agreement between the County Crime Lab, who provides the services, and the police agencies, who use the services to further investigate major cases witch aids with criminal prosecutions.

In addition to the services that the agencies are billed for on an annual per-case average, the costs associated with major technology upgrades are also shared with the user agencies. Especially in the Silicon Valley, where technology drives the industry and jurors expect thorough scientific testing it is essential that the Crime Lab have the most modern methods of evidence testing available to them.

Under the terms of the existing informal agreement, the Crime Lab will continue to provide the requested services (Attachment A). It is important to recognize that the Crime Lab is not a contract provider of forensic services to local law enforcement agencies, rather it should be considered a partner of the police departments in the efficient and effective investigation of crimes committed in our communities.

Staff has researched the option of establishing a formal agreement with the Crime Lab to provide said services, but the County and partnering agencies would prefer the current informal approach (See Attachment B). Given this is in the best interest of the City and other participating agencies to maintain the informal agreement and keep the service provision as is. The current approach has served us well for more than three decades.

Funds in the amount of $80,170.00 to cover the costs associated with this service provision are included in the base budget for the Police Services Program (412).

Under the terms of the informal agreement, the amount shall be based on a five-year average of cases submitted. The Santa Clara County Police Chiefs Association has also agreed to share the costs associated with major upgrades, and are presented with proposals prior to any financial commitment being made.

Public contact was made through posting of the Council agenda on the city's official notice bulletin board, posting of the agenda and report on the city's web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk's Office.

1. Approve request to pay for Crime Lab Services rendered under the current informal agreement.
2. Not approve the payment for Crime Lab Services rendered under the current informal agreement, and request further study into a formal agreement.

Staff recommends Alternative 1.

Prepared by:
Heather Tannehill
Manager, Police Services
Department of Public Safety

Reviewed by:
Irwin Bakin
Director, Department of Public Safety

Valerie J. Armento
City Attorney

Mary Bradley
Director of Finance

Approved by:
Robert S. LaSala
City Manager