HomeMy WebLinkAboutResolution - 2021-R0382 - Interlocal Agreement Lubbock County - Lubbock Metro Special Crimes Unit 9.28.21Resolution No. 2021-R0382
Item No. 7.24
September 28, 2021
RESOLUTION
WHEREAS, in 2018, the City of Lubbock and Lubbock County agreed to
establish the Lubbock Metropolitan Special Crimes Unit (LMSCU), where
representatives from both law enforcement agencies will cooperate and
collaborate on investigatory activities related to the shared threat of violent crime
wherever it may occur or be discovered in Lubbock County; and
WHEREAS, the LMSCU continues to successfully perform its mission to
further the ability of law enforcement agencies to identify, investigate, and
deter violent criminal activity throughout Lubbock County;
WHEREAS, after conducting the required fiscal review of the anticipated costs to
each entity in the LMSCU, the City of Lubbock has determined that the entities'
mutual cooperation and sharing of resources will result in an equivalent benefit to
each participating entity such that additional financial compensation from either
entity to the other is not necessary; and
WHEREAS, the City of Lubbock desires to continue its participation in the
LMSCU for an additional year;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby renews the Local
Administrative Agreement Between the Constituent Agencies of the Lubbock
Metropolitan Special Crimes Unit, an interlocal agreement by and between:
The City of Lubbock (on behalf of the Lubbock Police Department); and
Lubbock County, Texas, (on behalf of the Lubbock County Sheriff and
the Lubbock County Criminal District Attorney);
Said Local Administrative Agreement Between the Constituent Agencies of
the Lubbock Metropolitan Special Crimes Unit and any associated documents,
are attached hereto and made a part of this Resolution for all intents and purposes.
The Local Administrative Agreement Between the Constituent Agencies of
the Lubbock Metropolitan Special Crimes Unit, is hereby renewed, effective
October 1, 2021 through September 30, 2022, without further substantive
changes.
Passed by the City Council this 28th _ day of September , 2021.
DANIEL M. P&E, MAYOR
ATTEST:
0 'A�
Rebecc6.Garza, City Secretarkj
APPROVED AS TO O
Floyd itchell, Chief of Police
APPROVED AS TO CONTENT:
W. Ja ett Atkinson, City Manager
APPROVED ASrTO
John
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Resolution No. 2021-R0382
City of
Lubbock
TEXAS
To: Wes Jobe, Captain
From: Marcus Wall, Lieutenant 0MV
Subject: Metropolitan Special Crimes Unit Interlocal Agreement — Fiscal Review 2021
Date: September 1, 2021
We are in the process of renewing the Lubbock Metropolitan Special Crimes Unit (Metro) Interlocal
Agreement. This renewable agreement will continue to govern the collaborative investigative efforts of
the Lubbock County Sheriffs Office and the Lubbock Police Department in response to violent crime
in Lubbock County.
Exhibit B, of the current Interlocal agreement, requires a fiscal review and report to the City Council
prior to renewal. I have attached Exhibit B, as it directs both participating agencies to complete this
requirement. In response to Exhibit B, I submit the following fiscal review and report for the Metro
unit's anticipated operational costs and activities for FY2021-22.
HIGHLIGHTS
Since the introduction of the Metro Unit, November 2018, Metro has successfully investigated 145
high profile cases. This number includes 87 homicide investigations and 35 special investigations. Of
the 35 special investigations, 8 were officer involved shootings and 9 were in -custody death
investigations at the Lubbock County Detention Center.
To date, all but 1 homicide investigation has been either closed or cleared by arrest. The only open
homicide investigation is a Lubbock Police Department homicide under LPD #20-656.
I have enclosed all updated Metro investigative statistics with this memo.
FISCAL REVIEW
I have completed a fiscal review and report for the associated costs relating to the Lubbock Police
Department continuing to partner with the Lubbock County Sheriffs Office in staffing the Metro unit. I
have attached the comparative compensation data and a detailed spreadsheet of all the associated
costs.
I believe the continued participation in the Metro Unit, and the mutual cooperation and sharing of
resources, has resulted in an equivalent benefit. Furthermore, the Lubbock Police Department's
continued participation will not require the City of Lubbock to provide financial compensation to
Lubbock County.
Please see the attachments for more detailed information.
LUBBOCK METROLPOLITAN SPECIAL CRIMES UNIT (METRO)
COMPARATIVE COMPENSATION DATA
August 2021
Lubbock County Comparative Resources
Personnel
A. Lubbock County will provide two (2) investigators for the unit. Here is a breakdown of their salaries, regular
and overtime rates.
a. 2 Investigators/ID Staff @ regular pay = $42.81 (hourly, per INV.)
b. 2 Investigators/ID Staff @ overtime pay = $64.22 (hourly, per INV.)
Facilities
A. Lubbock County will provide the office space for the METRO unit. The office space is located on the 4`h floor
of the Lubbock County Annex Building located at 916 Main Street, Suite 401.
B. The facilities breakdown is all inclusive.
a. Lease space, total square footage is 2,837 sq. ft. The price per square foot is $15.28 sq. ft. ( annually)
b. Parking garage fees are 8 spaces @ $96 per space (annually)
C. Lubbock County will provide office furniture, computer terminals, and telephone systems. This initial set-up
provision will be an estimated $12,000.00 with replacement costs every 3-5 years.
City of Lubbock Comparative Resources
Personnel
A. City of Lubbock will provide one (1) commander, one (1) sergeant, and four (4) investigators for the unit.
Here is a breakdown of their salaries, regular and overtime rates.
a. 4 detectives @ regular pay = $36.759 (hourly), 4 @ overtime pay = $55.139 (hourly, per Inv.)
b. 1 sergeant @ regular pay = $41.487 (hourly), 1 @ overtime pay = $62.771 (hourly)
c. 1 commander @ regular pay = $47.936 (hourly), 1 @ overtime pay = $71.904 (hourly)
Lubbock County Investigations
Homicides 2016— 2020 (including incorporated communities of Lubbock County)
Total = 8
AVG = 2 (Rolling 5-year average)
City of Lubbock Investigations
Homicides 2016 — 2020 (City of Lubbock only)
Total = 94
AVG =19 (Rolling 5-year average)
The METRO Unit is comprised of the listed County Investigators, LPD Investigators, and LPD Supervisors combined
together as a collaborative unit. METRO will work all the cases described, therefore the cost to provide services will
increase, as we take on the fiscal burden of performing an additional 3.0 investigations (average, per year).
This comparative compensation schedule reflects what Lubbock County provides to the Metro Unit to compensate the
City for investigations performed in Lubbock County. Lubbock County supplied assets and resources are applied to
fulfil this compensation requirement. In addition, Lubbock County investigators required to perform investigations
inside the City far surpasses any other calculated value.
Typical breakdown of a Metro investigation, based on 48 hours to work the case. This is not 48 hours non-stop, but a
total 48 hours over a period of days or a week.
The percentage of time involved is greater at the beginning of an investigation, lesser as the investigation
proceeds. Typically the peak time, which may include peak OT is at the beginning of the investigation. Some of
the work may be done during normal work hours, at a straight time rate.
Here is the percentage of responsibility for work and oversight, based on job function.
Detective = 100% time applied is for investigative work
Sergeant = 50% of time applied is for supervision, 25% for investigative work, 25% for management/oversight
Commander = 75% of time applied is for management/oversight, 25% for supervision
Timeline of a notification/callout "Homicide" investigation:
If the notification/callout is after hours or a weekend, it will involve OT. If not, it will be at normal straight time pay rates
2 Detectives (either LPD or LSO), 1 LPD Sergeant, 1 LPD Commander will respond to the callout. The detectives
could be both LPD, both LSO, and/or a combination of the two.
TYPICAL TIMELINE:
11t day @ 15 hours of investigative work, 15 hours of supervision, 15 hours of management/oversight
2"d day @ 10-12 hours of investigative work, 8 hours of supervision, 8 hours of management/oversight
3`d day @ 5-7 hours of investigative work, 4 hours of supervision, 4 hour of management/oversight
411 day @ 2-4 hours of investigative work, 4 hour of supervision, 4 hours of management/oversight
5th day ALL @ 10 hours (normal duty day) management, administrative/maintenance activity, report writing, etc
TIME TOTALS:
At peak time, based on the general assumptions above
• Detective(s) will work 42-48 hours per investigation (2 Detectives)
• Sergeant will work 40-41 hours per investigation (1 Sergeant)
• Commander will work 40-41 hours per investigation (1 Commander)
OT v. STRAIGHT PAY RATE:
• Will depend on the callout, GENERALLY the 15' day is OT, the remaining days are straight rates
• This only reflects base pay, (Straight or OT) does not include certification and longevity pay rates
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Lubbock Metropolitan Special Crimes Unit (The METRO)
As is: LSO CID Division (Percentage Of Costs=100a/a)
* Estimated Cost per Investigation Lubbock County:
Regular Pay Overtime Pay Overtime Pay
hours estimate Regular Pay Regular Pay Cost hours estimae Overtime Rate Cost Cost
(I)Investigator 33 42.81 $ 1,412.73 15 64.22 $ 963.30 $ 2,376.03
(1) Investigator 33 42.81 1,412.73 15 64.22 963.30 2,376.03
$ 2,825.46 $ 1,926.60 $ 4,752.06
-Salary facton baud on Lubbock County Pay Sebedule 10.120
Estimated Annual Lubbock County Investigations (based on 2016-2020 data)
Estimated Annual Cost Lubbock County Investigations (2 X S4,752.06)
Proposed. Lubbock Metropolitan Special Crimes Unit (Percentage Of Shared Costs)
* Estimated Cost per Investigation Lubbock County:
2
$ 9,504.12
Total annual Estimate s 9,504.12
Regular Pay Overtime Pay Overtime Pay
hours estimate Regular Pay Regular Pay Cost hours estimae Overtime Rate Cost Work Variable Cost
(i)Investigator 33 42.81 $ 1,412.73 15 64.22 $ 963.30 50010 $ 1,188.02
(1)Investigator 33 42.81 1,412.73 15 64.22 963.30 50% $ 1,188.02
$ 2,825.46 $ 1,926.60 $ 2,376.03
*Salary factors baud on Lubbock County Pay schedule Dated 10.120
Estimated Annual Lubbock County Investigations (based on 2016-2020 data)
Estimated Annual City of Lubbock Investigations (based on 2016-2020 data)
Estimated Annual Cost Lubbock County Investigations (21 X $2,376.03)
Office Fumiture/Computer Terminals/Telephone System
*estimated $12,000 every 4 years
Estimated Cost Savings per Special Crime Unit (Metro Case Specific):
As Is $ 9,504.12 [LSO 100% @ 4 per year]
Proposed $ 52,896.63 (Shared expense @ 23 per year]
Savings $ (43,392.51) if (-) Net Loss]
2
19
$ 49,896.63
3,000.00
$ 52,896.63
f ates(Gains from—
(1) Savings an LPD Detective's time, not a true dollar savings as they will Continue to be paid, allows mare time to work other rases (Re -Investigations)
(2) Unquantifiable benefit* Lubbock County provides office space, utility costs and parking far MFrRO. Meuv is located at 916 Main St. Suite 401
.t3) Better quality investigations, based on a more experienced team Involved In all investigations, equals improved lWon with Lubbock County 0Istrict Attorney's Office and Judges
N Eliminates communication and Iolistiralproblems caused by overlapping jurisdictions with all local; area and state-wide law enforcement Wrlcies
Resolution No. 201 S-RO431
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN THE CONSTITUENT AGENCIES
OF THE
LUBBOCK METROPOLITAN SPECIAL CRAVES UNIT
(LMSCU)
Punuent to Tex. Loc. Gov't Code §362.002 ft Lubbock County and the City of Lubbock hereby
eater into this Agreement to form a mutual aid law enforcement task &rce, to be known as the
Lubbock Metropolitan Special Crimea Unit (LMSC[>), to cooperate in certain criminal
investigations and law enforcement in Lubbock County, as set forth in Exhibit A.
The initial term of this Agreement shall be firm the date of signing by all parties until September
30, 2019. Any party may terminate their participation in this Agreement upon one hundred -twenty
(120) days notice to the other party. Not sooner than ninety (90) days prior to the end of a term,
this Agreement may be renewed by the governing bodies of the participating entities for additional
one year terms running from October 1 to September 30 of each year.
Pursuant to Tex. Loc. Gov't Code 1362.002(b), peace officers employed by Lubbock County and
the City of Lubbock shall have only the additional investigative authority throughout Lubbock
County as ad forth in this Agreement.
As required by Tex. Loc. Gov't Code §362.002(b), this Apeement provides for the compensation
Of the peace oHioers involved in the activities of the task force, as set forth in Exhibit B.
Pursuant to Tex. Loc. Gov't Code 1362.002(c), a law enforcement officer employed by Lubbock
County or the City of Lubbock may make an arrest outside the county or municipality in which
the officer is employed but within the area covered by the Agreement.
Purauaat to Tex. Loc. Gov't Code §362.002(c), the law enforcement agencies of the area where
the arrest is made shall be notified of the arrest without delay, and the notified agency shall make
available the notice of the arrest in the same manner as if the arrest were made by a member of
that agency.
pg. I
Pursuant to Tex. Loc. Gov't C. §362.003(a). while a law enforcement officer regularly employed
by Lubbock County or the City of Lubbock is in the service of the other according to this chapter.
the office is a peace officer of the other and is under the command of the law enforcement officer
who is in charge in that county or municipality.
Pursuant to Tex. Loc. Gov't C. §362.003(a), the office has all the powers of a regular law
enforcement officer of that county or municipality as fully as if the officer were in *e county or
municipality where regularly employed. Qualification for office in the territory of regular
employment constitutes qualification for office in the other county or municipality and no
ed&tional oath, bond, or co 1.1- Won is needed.
Pursuant to Tex. Loc. Gov't C. §362.003(b), a law enforcement officer who is ordered by the
official designated by the governing body of the county or municipality to perform police or peace
duties outside the limits of the county or municipality where regularly employed is entitled to the
same wage, salary, pension, and other compeesation and rights, including injury or death benefits,
as if the service were rendered in the county or municipality of the officer's regular employment.
The officer is also entitled to payment for any reasonable expenses incurred for travel, food, or
lodging while on duty outside the limits of the territory of the offices regular employment.
Pursuant to Tex. Loc. Gov't C. §362.003(c), Lubbock County and the City of Lubbock shall pay
all wages and disability payments, pension payments, damages to eqmpmem and clowng, medical
expenses, and travel, food, and lodging expenses for their respective law enf =meat officers. All
compensation and reimbursements will be made pursuant to the terms set forth in Exhibit B.
Payments will be made only between Lubbock County and the City of Lubbock.
Lubbock County and the City of Lubbock shall assign officer(s) to the LMSCU, with the intention
that the office(s) will be ampzd on a dedicated, rather than rotational basis. Lubbock County
and the City of Lubbock shall assign employees to the LMSCU in accordance with the schedule,
as set forth in Exhibit C-1 and facilities and equipment in accordance with the schedule, as set
forth in Exhibit C 2.
p& 2
Subject to the forgoing provesions and the requirements of state and federal law, specifically
including Tex. Loc. Gov't C. Chapter 362, which laws shall in all cases prevail over any conflicting
provision in this Agreement or in any Exhibit or attachment thereto, the county ed municipality
agree to operate the LMSCU according to the Standard Operating Procedures (SOPs), asset forth
in Exb" D.
The parties understand and acknowledge that the finding of this Agreement is contained in each
patty's annual budget and is subject to the approval of each party in each fiscal year. The parties
finther agree that should the governing body of any of the parties fail to approve a budget which
includes sufficient fleets for the continuance of this Agreement, or should the governing body of
any of the parties fail to certify funds for any reason, then and upon the occurrence of such event,
this Agreement shall terminate as to that party and the party shall then have no further obligation
to the any other party. When the funds budgeted or certified during any fiscal year by a party to
discharge its obligations under this Agreement are expended, any other party's sole and exclusive
remedy shall be to terminate this Agreement. if this Agreement is between governmental entities,
as defined by Chapter 791 of the Texas Goverment Code, each party paying for the performance
Of govanmental fiurctions or services must make those payments from current revenues available
to the pig pony.
This Agmftwnt is subject to all present and future valid laws, orders, rules and ordinances and/or
regulations of the United States of America, the State of Texas and the parties, and any other
regulatory body having jurisdiction. This Agreement shall be construed and governed according
to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim
arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County,
Texas exclusively.
This Agreement is entered solely by and between, and may be enforced only by and among the
parties. Except as set forth above, this Agreement shall not be deemed to create any rights in or
obligations to any third parties.
Ps- 3
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer or agent of any public body that may be a party to this Agreement.
This Agreement is not intended to, and shall not be construed to create any joint enterprise between
or among the parties.
The parties exp asly acknowledge that they are governmental entities governed by the laws and
Constitution. of the State of Texas and that their authority to indemnify and/or hold harmless each
other and/or any third party is governed by Article M, Section 7 of the Texas Constitution and any
provision. which purports to require indemmiScation by any party which is a governmental entity
is invalid.
Pepe officers employed by the City of Lubbock may be called upon to conduct or participate in
investigations outside the municipal limits of the City of Lubbock, in which case they will do so
at the request of Lubbock County and not at the request of any other municipality located in
Lubbock County. The City of Lubbock shall look only to Lubbock County for compliance with
the terms of this Agreement.
SOVEREIGN IMMUNITY ACKNOWLEDGED AND RETAINED
THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION
OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER
BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY
MAY HAVE BY OPERATION OF LAW. THE PARTIES RETAIN ALL
GOVERNMENTAL I MMUNITEM
EXECUTED IN MULTIPLE DUPLICATE COUNTERPARTS
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLAND
p& 4
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN THE CONSTITUENT AGENCIES
OF THE
LUBBOCK METROPOLITAN SPECIAL CRDRS UNIT
FOR LUBBOCK COUNTY, TEXAS:
BY: jimaite
t
THOMAS V. HEAD,
COUNTYJUDOE
ATTEST:
APPROVED AS TO
BY:
APPROVED AS TO FORM:
BY:
Doi.imm,
ASSISTANT CRIM[NAL DIS CT
ATTORNEY, CIVIL DIVISION
�. s
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN THE CONSTITUENT AGENCIES
OF THE
LUBBOCK METROPOLITAN SPECIAL CRudn UNIT
FOR THE CITY OF LUBBOCK, TEXAS:
BY: �==�
DANIEL M. POPE,
MAYOR
ATTEST:
(� .r� ..►I a A
A
APPROVED AS TO CONTENT:
BY:
O S,
CIDEF OF POLICE
F.`:
Bit
pg. 6