April 19, 2005
SUBJECT: Payment for Santa Clara County Crime Laboratory Services
REPORT IN BRIEF
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.
Since 1982, the Department of Public Safety has participated in a County-wide partnership under an informal agreement to equitably share the costs of the Crime Lab with the other law enforcement agencies in Santa Clara County. All police agencies in the County operate under the same informal agreement. A letter dated April 23, 2003 to the Public Safety Department documents the history of this arrangement (Attachment A).
Staff believes the current cost sharing arrangement is equitable and in the best interest of the City and other participating agencies. Staff recommends that Council approve the payment of $114,174 to the Santa Clara County Office of the District Attorney for Crime Laboratory services for calendar year 2004. Funds to pay for Crime Lab services are budgeted in the Public Safety Department’s budget, Special Operations Bureau, Program 485, budgeted amount of $102,116. The $12,058 budget shortfall will be absorbed in the Program 485 budget.
BACKGROUND
The Santa Clara County District Attorney’s Office Crime Laboratory processes physical evidence for the department as a part of criminal investigations. Payment for Crime Lab services originated in 1982 under an informal arrangement between the County Crime Lab and the law enforcement agencies. This informal arrangement was adopted by the City Managers’ Association in conjunction with the County Police Chiefs’ Association. This informal arrangement provided for the payment of Crime Lab services by the submitting agency on a per case basis.
Under this billing procedure, the Crime Lab bill would vary a significant percentage from one year to the next. The annual fluctuation in the Crime Lab bill became enough of a problem that the Police Chiefs Association, with the concurrence of the City Manager’s Association, modified the billing procedure to be based on the prior five year average number of cases submitted to the Crime Lab. This change took effect in 1995 and is still in effect today. The five year average allows a department to experience a single year spike in case submissions without experiencing a drastic increase in costs, allowing for longer term budget planning.
EXISTING POLICY
Law Enforcement Sub-Element Goal 4.1A
Provide a safe & secure environment for people & property in the community.
Law Enforcement Sub-Element Policy 4.1.A3
Provide investigative service directed toward successful prosecution and conviction of criminal offenders.
Law Enforcement Sub-Element Goal 4.1D
Conduct planning and administration that incorporates interaction with other city departments, as well as other agencies where mutual concerns exist which could have impact on the deliver of law enforcement services.
DISCUSSION
It is important to recognize that the Crime Lab is not a contract provider of forensic services to local law enforcement agencies, but rather is a partner with all County law enforcement agencies in the investigation of crime. Under the existing informal arrangement, the Crime Lab provides evidence processing and analysis services when requested by user agencies and recovers costs from these user agencies. In addition, the costs associated with major Crime Lab improvements are also shared with user agencies. The Police Chiefs’ Association is presented with proposals for their comments prior to committing to any significant financial expenditure.
Staff has researched the option of establishing a formal contract with the Crime Lab and it is not a viable option at this time. The existing arrangement has worked well and is preferred by the County and all other partnering agencies. A formal contract cannot be developed without changing the nature of the partnership with the District Attorney’s Office and convincing all of the other law enforcement agencies to participate in a formal contract. Staff believes the current arrangement is equitable and that the current informal arrangement is in the best interest of the City and other participating agencies.
FISCAL IMPACT
Funds for Crime Lab services are in the base budget of the Public Safety Department (Program 485). The FY04/05 budgeted amount is $102,116. The $12,058 budget shortfall will be absorbed in the Program 485 budget.
Payments for calendar years 2001 through 2003:
$53,589 for calendar year 2001
$80,170 for calendar year 2002
$103,272 for calendar year 2003
The reason for the cost increases over these years is the increase in the number of cases submitted to the Crime Lab for evidence processing – significantly increasing from 30-40 cases (1995-1998) to 109 cases in 2000. Since 2000 the number of cases submitted to the Crime Lab has leveled off to around 100 per year. Even though the number of cases significantly increased from 1999 to 2000, the cost increase over the last few years was gradual due to the five year average billing procedure.
Conclusion
The County Crime Lab bill is an annual bill that is received in February each year. The existing arrangement of cost sharing among the Santa Clara County law enforcement agencies is a fair and equitable way to pay for these necessary services.
PUBLIC CONTACT
Posting of the Council agenda on the City web site
Publication of the Council agenda in the San Jose Mercury News
Availability of the report in the Library and the City Clerk’s Office
ALTERNATIVES
1. Approve payment of $114,174 for Crime Lab services for calendar year 2004.
2. Other action as directed by Council.
RECOMMENDATION
Staff recommends Alternative #1.
Reviewed by:
Don Johnson, Director of Public Safety
Prepared by: Byron Pipkin, Deputy Chief
Approved by:
Amy Chan, City Manager
Attachment
A. Letter re Crime Lab costs dated April 23, 2003 (.pdf format)