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HomeMy WebLinkAbout09849ORDINANCE NO. 9849 AN ORDINANCE APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN PUEBLO COUNTY, THE CITY OF PUEBLO, THE PUEBLO POLICE DEPARTMENT, THE TENTH JUDICIAL DISTRICT ATTORNEY’S OFFICE, THE PUEBLO OFFICE OF THE COLORADO STATE PUBLIC DEFENDER, THE PUEBLO COUNTY SHERIFF’S OFFICE, THE PUEBLO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AND CROSSROADS TURNING POINTS INC., DATED SEPTEMBER 10, 2020, FOR THE PURPOSE OF PARTICIPATING IN THE PUEBLO LAW ENFORCEMENT ASSISTED DIVERSION (LEAD) PILOT PROGRAM, A STATE OF COLORADO GRANT PROGRAM CREATED TO REDUCE NEIGHBORHOOD CRIME AND INDIVIDUAL-LEVEL HARM FOR PARTICIPANTS BY OFFERING PRE-BOOKING DIVERSION TO LOW-LEVEL DRUG OFFENDERS, AND AUTHORIZING THE MAYOR AND THE CHIEF OF POLICE TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to the Memorandum of Understanding attached hereto and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute said Amendment for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 14, 2020 . Final adoption of Ordinance by City Council on December 28, 2020 . President of City Council Action by the Mayor: ☒ Approved on December 30, 2020 . □ Disapproved on _______________ based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-10 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: December 14, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Troy D. Davenport – Chief of Police SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN PUEBLO COUNTY, THE CITY OF PUEBLO, THE PUEBLO POLICE DEPARTMENT, THE TENTH JUDICIAL DISTRICT ATTORNEY’S OFFICE, THE PUEBLO OFFICE OF THE COLORADO STATE PUBLIC DEFENDER, THE PUEBLO COUNTY SHERIFF’S OFFICE, THE PUEBLO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AND CROSSROADS TURNING POINTS INC., DATED SEPTEMBER 10, 2020, FOR THE PURPOSE OF PARTICIPATING IN THE PUEBLO LAW ENFORCEMENT ASSISTED DIVERSION (LEAD) PILOT PROGRAM, A STATE OF COLORADO GRANT PROGRAM CREATED TO REDUCE NEIGHBORHOOD CRIME AND INDIVIDUAL-LEVEL HARM FOR PARTICIPANTS BY OFFERING PRE- BOOKING DIVERSION TO LOW-LEVEL DRUG OFFENDERS, AND AUTHORIZING THE MAYOR AND THE CHIEF OF POLICE TO EXECUTE SAME SUMMARY: Attached is an Amendment to a Memorandum of Understanding dated September 10, 2018 between the City of Pueblo, the Pueblo Police Department, Pueblo County, the Tenth Judicial District Attorney’s Office, the Pueblo Office of the Colorado State Public Defender, the Pueblo County Sheriff’s Office, the Pueblo Department of Public Health and Environment, and Crossroads Turning Points, Inc. (hereinafter, the Parties) concerning the addressing of the opioid crisis in the City and County of Pueblo through a program known as Law Enforcement Assisted Diversion or LEAD. The Pueblo LEAD Pilot Program is funded through a grant provided by the State of Colorado Office of Behavioral Health (OBH) and is subject to the State of Colorado Department of Human Services Contract, executed on April 23, 2018, between Pueblo County and OBH. The initial term of the grant funding was for three (3) years. The amendment extends the program through June 30, 2021. PREVIOUS COUNCIL ACTION: City Council approved the MOU between the parties for the initial term of the program on September 10, 2018 via Ordinance No. 9341. BACKGROUND: This Ordinance authorizes the Pueblo Police Department to continue to partner with the Parties to provide alternative methods of addressing those addicted to opioids through Law Enforcement Assisted Diversion (LEAD). This is a new approach which seeks to reduce criminal behavior and improve public safety by connecting low-level drug offenders, who meet defined criteria, with treatment and social services in lieu of jail or prosecution. The criteria include:  The offender did not commit a victim related crime at the time they are under consideration for LEAD;  Possession of 4 grams or less of an opioid substance (including, but not limited to Heroin), methamphetamine, cocaine, or a combination of any of these substances and/or possession of a personal use amount of benzodiazepine, for example Valium (diazepam), Xanax (alprazolam), Klonopin (clonazepam), Ativan (lorazepam), Librium (chlordiazepoxide);  Has resided in Pueblo County for the 24 months preceding LEAD referral;  The individual is over the age of 18;  The individual is not exploiting minors;  The individual is not suspected of promoting prostitution;  The offender’s criminal history does not include any of the following in the last 10 years: o Any conviction for homicide, vehicular homicide, aggravated arson, aggravated burglary, all robbery, all kidnapping, all sex offenses, and any conviction involving firearms or deadly weapons (or attempt of any crime listed here). Individuals who meet this eligibility requirement would be referred to case managers with Crossroads Turning Points, Inc. for treatment and social services. FINANCIAL IMPLICATIONS: Administration of the program may result in some overtime costs being incurred. All efforts will be made to avoid or minimize overtime related to the LEAD program. Some of these costs may be defrayed by the grant. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: The LEAD program Key Stakeholder Policy Committee consists of representatives from each of the Parties to this MOU, as well as community representatives. Each party will provide one high level, decision-making representative to be a member of the Key Stakeholder Policy Committee. In the case of the Pueblo Police Department, the Chief of Police or his representative, will serve in this capacity. Each representative has one vote on the Key Stakeholder Policy Committee. The role of the Key Stakeholder Policy Committee is to make policy-level decisions regarding the Pueblo LEAD Pilot Program and to provide periodic administrative oversight to the program. ALTERNATIVES: Reject the Amendment. If this occurs, the Pueblo Police Department will not participate in the LEAD program and all offenders, who would have been otherwise eligible for the program, will be booked into the Pueblo County Jail or served a citation and released. RECOMMENDATION: The Police Department recommends approval of the Ordinance. Attachments: Pueblo Law Enforcement Assisted Diversion Pilot Program Amendment to Memorandum of Understanding; Exhibit A to the Amendment to MOU – Statement of Work; Exhibit B to the Amendment to MOU – HIPAA Business Associate Agreement.