March 21, 2006
SUBJECT: Payment for Santa Clara County Crime Lab Services
REPORT IN BRIEF
The Public Safety Department has partnered with the Santa Clara 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 this 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 $127,463 to the Santa Clara County Office of the District Attorney for Crime Laboratory Services for calendar year 2005. Funds to pay for Crime Lab services are budgeted in the Public Safety Department’s budget in Program 485, in the amount of $103,097. The $24,366 budget shortfall will be absorbed in the Program 485 budget.
BACKGROUND
The Santa Clara County District Attorney’s Office Crime Laboratory provides complex evidence processing and forensic analysis as described in Attachment A. Payment for Crime Lab services originated in 1982 under an informal arrangement between the County Crime Lab and law enforcement agencies. This informal arrangement was adopted by the City Manager’s Association in conjunction with the County Police Chief’s Association. The original arrangement provided for payment of Crime Lab services by submitting bills to the agencies on a per case basis each year.
Using that formula, the Crime Lab bill varied a significant percentage from one year to the next. In 1995, the Police Chief’s 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. 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 and secure environment for people and property in the community.
Law Enforcement Sub-Element Policy 4.1.A3
Provide investigative service directed toward successful prosecution and conviction of 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 delivery of law enforcement services.
DISCUSSION
It is important to note that the Crime Lab is not a contract provider of forensic services to local law enforcement agencies, but a partner with all County law enforcement agencies in the investigation of crime. Under the existing arrangement, the Crime Lab provides evidence processing and analysis services when requested by user agencies and recovers associated costs from these user agencies. (Attachment B)
In an effort to control our costs associated with the processing of cases, all major cases submitted to the Crime Lab are reviewed by a supervisor to ensure they warrant Crime Lab involvement. This process has proven to be effective in decreasing the number of cases submitted over the past three years by approximately 25%. While this will ultimately impact our costs as we move forward with a lower number of cases submitted for our five year average, the amount we pay may not decrease substantially due to rising staff and overhead costs.
Staff has researched the option of establishing a formal contract with the Crime Lab and it is not a viable option. 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 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 the other participating agencies.
FISCAL IMPACT
Funds to pay for Crime Lab services are budgeted in the Public Safety Department’s budget in Program 485, in the amount of $103,097. The $24,366 budget shortfall will be absorbed in the Program 485 budget with dollars identified as salary savings in Activity 485190. This activity is designated for Special Investigations including time spent on threat/risk assessment, dignitary protection, outside agency assistance, and District Attorney Liaison among other tasks that do not fall into one of the other Police Investigations Activities. This activity is tracking under budget at this point due to less activity than anticipated. The impact of the adjustment will not cause the Program to exceed budget at this point.
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 law enforcement agencies is a fair and equitable way to pay for these necessary services.
PUBLIC CONTACT
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 at the Library and the City Clerk's Office.
ALTERNATIVES
1. Approve payment of $127,463 to the Santa Clara County Office of the District Attorney for Crime Lab Services.
2. Other action as directed by Council.
RECOMMENDATION
Staff recommends Alternative #1.
Reviewed by:
Don Johnson, Director of Public Safety
Prepared by: Heather Tannehill, Manager
Approved by:
Amy Chan
City Manager
Attachments
A. Letter from Crime Lab outlining activities performed
B. Crime Lab Major Case Billing Statement - 2005