REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE:  August  22, 2017
CATEGORY:  Consent - Law and Justice-13.

SUBJECT:

Fiscal Year 2017 Edward Byrne Memorial Justice Assistance Grant – Local Solicitation

Supervisorial District No. :  All

DEPARTMENT CONTACT:  Mike Lindsey, Chief Fiscal Officer (530) 245-6165

STAFF REPORT APPROVED BY:  Eric Magrini, Undersheriff

RECOMMENDATION

Take the following actions regarding the Federal Fiscal Year 2017 (FY 2017) Edward Byrne Memorial Justice Assistance Grant (JAG) funds from the U.S. Department of Justice, Bureau of Justice Assistance: (1) Authorize the Sheriff to submit an application for FY 2017 JAG funds, in the amount of $45,162, from the U.S. Department of Justice, Bureau of Justice Assistance, to purchase Mobile Data Computers (MDCs) and accessory items such as a computer tool kit, during the grant period October 1, 2016 through September 30, 2020; (2) authorize the County Executive Officer to sign any required documents (with County Counsel approval), including retroactive, to accept the grant award; and (3) authorize the Sheriff, or his designee, to: (a) sign the Certifications Regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug-Free Workplace Requirements; (b) electronically submit the FY 2017 grant application and associated documents required to apply for the grant; (c) administer the grant, which may include submitting additional documents as required; and (d) sign amendments or modifications to the grant-required documents, including retroactive, including amendments or modifications that may decrease the award amount and that otherwise comply with Administrative Policy 6-101, Shasta County Contracts Manual.

SUMMARY

The Sheriff’s Office proposes to submit an application for Federal Fiscal Year 2017 (FY 2017) Edward Byrne Memorial Justice Assistance Grant funds, in the amount of $45,162, from the U.S. Department of Justice, Bureau of Justice Assistance, to purchase Mobile Data Computers (MDCs) and accessory items.

DISCUSSION

The local solicitation for the FY 2017 Edward Byrne Memorial Justice Assistance Grant has been released and the allocation for Shasta County is $45,162 in this grant cycle. There is no local match required.

The full amount of the FY 2017 funds are proposed for the purchase of an estimated eleven MDCs, spare keyboard(s), additional computer memory for the MDCs, and a tool kit and anti-static wrist strap. These estimated eleven MDC’s will replace MDC’s that have been in service for a period approaching 8 years. MDCs are utilized in Sheriff Patrol vehicles to send and receive data between dispatch and the deputy on shift.

The requests for signing authority granted to the County Executive Officer and the Sheriff or his/her designee will allow for an efficient process, given the shortened timelines often imposed during a federal grant process.

ALTERNATIVES

The Board may choose to utilize these funds for other JAG grant purpose areas or may choose to not authorize the Sheriff to apply for this funding opportunity.

OTHER AGENCY INVOLVEMENT

The federal government has requested that County Counsel certify that the County is not subject to any restrictions on sending or receiving information regarding citizenship or immigration status to federal immigration authorities as described in 8 U.S.C. section 1373.  This certification need not be submitted at the time of the application deadline, which is September 5, 2017.  However, the federal government will require such a certification on or before the date the County submits the signed award acceptance documents.

At this time, County Counsel has concerns about making such a certification due to state law, specifically Penal Code section 422.93(b).  That statute provides, in pertinent part, that a peace officer may not report an individual to federal immigration authorities for an actual or suspected immigration violation when the individual is a victim or witness to a hate crime and is not charged or convicted of committing any crime under state law.

There is ongoing legal action by other counties concerning the validity of 8 U.S.C. section 1373.  In order to not prejudice the County’s ability to potentially receive JAG Grant funds, it is recommended that the County timely apply for the funds while potential legal developments proceed concerning 8 U.S.C. section 1373. 

In order for the Sheriff’s Office to apply for these JAG funds, the application must be electronically submitted by September 5, 2017.  The County Administrative Office has reviewed the recommendation.

FINANCING

JAG grant funds are Federal funds and are identified in the Catalog of Federal Domestic Assistance (CFDA) by number 16.738. There is no local match required. No funding was identified or appropriated in the County FY 2017-18 Adopted Budget for the items proposed to be purchased under this JAG grant.  The Sheriff’s Office will submit a budget amendment request as applicable at a later date. There is no additional General Fund Impact with approval of these recommendations.