HomeMy WebLinkAboutResolution - 2020-R0356 - Renewal of Agreement with Lubbock County. LMSCUResolution No. 2020-RO356
Item No. 6.17
October 13, 2020
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 successfully performed 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, 2020 through September 30, 2021, without further substantive
changes.
Passed by the City Council this 13th day of October , 2020
DANIEL M. POPE, MAYOR
ATTEST:
"014 -t. x
Reb ca Garza, City Sek—etk
APPROVED AS T
FloydMitchell, Chief of Police
AS TO CONTENT:
W arrett Atkinson, ;hy; vlanager
APPROVED
John
City of
Lubbock
TEXAS
To: Ray Mendoza, Police Captain
From: Chris Powe, Police Lieutenant 6,1>
Subject: Metropolitan Special Crimes Unit Interlocal Agreement — Fiscal Review 2020
Date: September 16, 2020
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 FY2020-21.
HIGHLIGHTS
Since the introduction of the Metro Unit, November 2018, Metro has successfully investigated 122
high profile cases. This number includes 47 homicide investigations and 29 special investigations. Of
the 29 special investigations, 6 were officer involved shootings and 3 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.
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.
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN THE CONSTITUENT AGENCIES
OF THE
LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT
(LMSCU)
EXHIBIT B
COMPENSATION
As required by Tex. Loc. Gov't Code §362.002(b). Lubbock County and the City of Lubbock shall
compensate the peace officers involved in the activities of the task force as follows:
Lubbock County and the City of Lubbock acknowledge that they remain fully responsible for their
obligations as the employer of the officer(s) they assign to the LMSCU and that they are
responsible for the payment of the overtime earnings. withholdings, insurance coverage, workers
compensation coverage, retirement benefits. sick leave, training expenses, and all other
requirements by law. regulations. ordinance or contract to which the assigned employees would
otherwise be entitled. All reimbursable hours of overtime work must be approved in advance by
the entity which employs the assigned officer.
Prior to the execution of this Agreement, or any extension or renewal thereof, Lubbock County
and the City of Lubbock shall conduct a fiscal review of the anticipated costs to each entity in the
LMSCU and shall determine 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.
If it is determined that one entity will benefit from the services of the other entity, then the value
of that benefit shall be determined and the benefitted entity shall compensate the other entity in
that amount.
Lubbock County and the City of Lubbock agree that, due to the unpredictable nature of the scope
of services incorporated into this agreement, fluctuations may occur from year to year which could
result in a financial benefit or obligation from one entity to the other, but which offset each other
over time. To accommodate these year-to-year fluctuations, the cost -to -benefit analysis may be
based on a rolling average of up to five years. Each entity will review its obligations to the LMSCU
on at least an annual basis, using the rolling average, and will reevaluate its participation to
determine whether either entity is entitled to a financial contribution from the other entity.
APPROVED:
Kelly Rowe 61
Lubbock County Sheriff
Pg. i
Gregovy '. ens
Chief of Police
Exhibit B
LUBBOCK METROLPOLITAN SPECIAL CRIMES UNIT (METRO)
COMPARATIVE COMPENSATION DATA
August 2020
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 = $39.06 (hourly, per INV.)
b. 2 Investigators/ID Staff @ overtime pay = $58.59 (hourly, per INV.)
Facilities
A. Lubbock County will provide the office space for the METRO unit. The office space is located on the 4" 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 = $62.231 (hourly)
c. 1 commander @ regular pay = $47.936 (hourly), 1 @ overtime pay = $71.904 (hourly)
Lubbock County Investigations
Homicides 2015— 2019 (including incorporated communities of Lubbock County)
Total =15
A VG = 3 (Rolling 5-year average)
City of Lubbock Investigations
Homicides 2015 — 2019 (City of Lubbock only)
Total = 75
A VG =15 (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:
1:t day @ 15 hours of investigative work, 15 hours of supervision, 15 hours of management/oversight
2nd 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
41h day @ 2-4 hours of investigative work, 4 hour of supervision, 4 hours of management/oversight
51h 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 1:t 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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Resolution No. 2018-RO431
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN THE CONSTITUENT AGENCIES
OF THE
LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT
(LMSCU)
Pursuant to Tex. Loc. Gov't Code §362.002(b), Lubbock County and the City of Lubbock hereby
enter into this Agreement to form a mutual aid law enforcement task force, to be known as the
Lubbock Metropolitan Special Crimes Unit (LMSCU), 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 from 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 §362.002(b), peace officers employed by Lubbock County and
the City of Lubbock shall have only the additional investigative authority throughout Lubbock
County as set forth in this Agreement.
As required by Tex. Loc. Gov't Code §362.002(b), this Agreement provides for the compensation
of the peace officers involved in the activities of the task force, as set forth in Exhibit B.
Pursuant to Tex. Loc. Gov't Code §362.002(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.
Pursuant 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.
p& 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 officer 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 officer has all the powers of a regular law
enforcement officer of that county or municipality as fully as if the officer were in the 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
additional oath, bond, or compensation 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 compensation 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 officer's regular employment.
Pursuant to Tex. Loc. Gov't C. §362.003(c), Lubbock County and the City of Lubbock shall pay
A wages and disability payments, pension payments, damages to equipment and clothing, medical
expenses, and travel, food, and lodging expenses for their respective law enforcement 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 officer(s) will be assigned 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.
PS• 2
Subject to the forgoing provisions and the requirements of state and federal law, specifically
including Tex. Loc. Gov't C. Chapter 362, which laws shall it all cases prevail over any conflicting
provision in this Agreement or in any Exhibit or attachment thereto, the county and municipality
agree to operate the LMSCU according to the Standard Operating Procedures (SOPs), as set forth
in Exhibit D.
The parties understand and acknowledge that the funding of this Agreement is contained in each
parry's annual budget and is subject to the approval of each party in each fiscal year. The parties
fiwther agree that should the governing body of any of the parties fail to approve a budget which
includes sufficient funds 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 parry'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 Government Code, each party paying for the performance
of governmental functions or services must make those payments from current revenues available
to the paying party.
This Agreement 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.
pa, 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 conshued to create any joint enterprise between
or among the parties.
The parties expressly 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 XI, Section 7 of the Texas Constitution and any
provision which purports to require indemnification by any party which is a governmental entity
is invalid.
Peace 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 LL4BILITY THAT A PARTY
MAY HAVE BY OPERATION OF LAW. THE PARTIES RETAIN ALL
GOVERNMENTAL IMMUNITIES.
EXECUTED IN MULTIPLE DUPLICATE COUNTERPARTS
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLAND
R8- 4
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN THE CONSTITUENT AGENCIES
OF THE
LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT
(LMSCU)
FOR LUBBOCK COUNTY, TEXAS:
BY:
THOMAS V. HEAD,
COUNTYJUDGE
ATTEST:
.it
BY:
KELOV FIMMI
COUNTY CLERK
APPROVED AS TO TENT:
BY:
KELLE WE,
SHERIFF
APPROVED AS TO FORM:
BY:
XIML omw,
ASSISTANT CRIMINAL DISTtCT
ATTORNEY, CIVIL DIVISION
pg.s
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN THE CONSTITUENT AGENCIES
OF THE
LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT
(LMSCU)
FOR THE CITY OF LUBBOCK, TEXAS:
BY: Ll--�
DANIEL M. POPE,
MAYOR
ATTEST:
BY: )2dAt-t-Aj
ltl*CCA GARZA,
cirk SECRETARY
APPROVED AS TO CONTENT:
BY:
GRW6ffVAV.TtEVENS,
CHIEF OF POLICE
AP
M W,
pg. 6