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HomeMy WebLinkAbout02/17/2015� BAKERSFIELD /�'/ StP�vPi TP��t;a� Staff: Steven Teglia Assistant City Manager Committee M Terry Maxwell Jacquie Sulliv Chris Parlier SPECIAL MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Tuesday, February 17, 2015 12:00 p.m. City Hall North - Conference Room A 1600 Truxtun Avenue Bakersfield, CA 93301 The meeting was called to order at 12:00 p.m. 1. ROLL CALL Committee members: Councilmember Terry Maxwell, Chair Councilmember Jacquie Sullivan Councilmember Chris Parlier City Staff: Alan Tandy, City Manager Steve Teglia, Assistant City Manager Chris Huot, Assistant City Manager Christopher Gerry, Administrative Analyst - City Manager's Office Caleb Blaschke, Management Assistant - City Manager's Office Virginia Gennaro, City Attorney Joshua Rudnick, Deputy City Attorney Tom Geddes, Associate City Attorney Richard Iger, Associate City Attorney Greg Williamson, Chief of Police Lyle Martin, Assistant Chief of Police Tessa Andrews, Treasurer ^----�-��----�-- ��---------� �------�-�----�-- Legislative and Litigation Comr Agenda S� Tuesday, Fe 2. ADOPT NOVEMBER 17, 2014 AGENDA SUMMARY REPORT The Report was adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. Discussion and Committee Recommendation reaardina the f Modifyinq the City Charter reaardin__c� Employment of the Police Cr City Attorney Gennaro reported that two referrals were made by Cc Maxwell to the Legislative and Litigation Committee following a repo the City Council by the International Association of Chiefs of I regarding the Bakersfield Police Department (BPD). The first referral was to investigate the feasibility of hiring the Chief < outside the ranks of the BPD, and what requirements are necessary t that. The second referral was to investigate the feasibility of the making the appointment to the position, instead of the City Manage the Chief of Police report to the City Council, instead of the City N referenced a memorandum in the meeting packet that was writter City Attorney's Office and the Police Department that addresses botl Ms. Gennaro stated that the answer to both items is that the City C have to be changed, which would be costly and time consuming. the highest authoritative document available, and any proposed i be approved by a majority vote at a statewide election. The Charter clearly states that the Bakersfield Chief of Police must k by the City Manager from within the ranks of the BPD, and that tr report directly to the City Manager. City Manager Tandy stated that he has had the privilege of appol four Chiefs of Police; and each time, the person selected came fron qualified candidates. The BPD does an outstanding job of training, and educating their employees in preparation for advancemei organization. He noted that the Police Civil Service Commi candidates and creates a list of the top three, who are then interv City Manager. The involvement of the Commission in the process en promotion is based on merit, and is shielded from the political prc Legislative and Litigation Comr Agenda S� Tuesday, Fe important for some agencies to attract and appoint high-profile in cost for doing so is significant. Locally it works better to appoint sor already familiar with the specific needs of the community. In r� question of the Chief reporting to the City Council instead of the Cit is his contention that the Chief should be appointed by one individu should be the same person who he or she would ultimately be reporti Committee Chair Maxwell asked if there were any public statemer were none. Committee Chair Maxwell asked if there were any questions or comn Committee member Parlier said that just because there may candidates outside of Bakersfield does not mean that they will be th would be a substantial learning curve for anyone who comes from o� to learn local community and Department dynamics, whereas son already employed with the Department is already familiar with thc He agreed with Chief Williamson's statement that the Chief should one individual, and further stated that he does not believe that thE should expand its role by being involved in personnel matters. He BPD is arguably one of the best departments in the State. Committee member Sullivan agreed with the comments of Commi Parlier, and added that recruiting outside candidates may be ba She does not believe it would be appropriate for the City Council to k personnel matters. She asked City Attorney Gennaro to clarify tl made that a Charter change would be on the ballot at a statewide � Attorney Gennaro said that it is not a statewide issue; rather, it woul voted on at such an election, and the next election is scheduled fc 2016. Committee member Parlier said that local law enforcement is stronc flexible enough to recognize when changes need to be m< subsequently make those changes. Committee Chair Maxwell asked if there is any provision in the contracts stating that the promotion to the Police Chief position ha� from within the Department. Assistant City Manager Teglia said that the City Charter provides authoritv, followed bv the Municipal Code, and then the Mem Legislative and Litigation Comr Agenda S� Tuesday, Fe Committee member Maxwell asked what the process might be were to be amended, and then a labor contract was found compliance. City Attorney Gennaro stated the current process would be followed take a tremendous amount of work and resources to align all of the c Committee Chair Maxwell asked about the percentage of Top recruit for the Police Chief from outside of their organization. City Attorney Gennaro responded that Bakersfield is the only city in tr does not recruit from outside of the organization. City Manager Tandy reported that he has worked in other juri� recruited and appointed their Police Chiefs from outside their organi� Bakersfield's provision is unusual. Additionally, all Bakersfield City Heads are covered by Civil Service and he had never seen � jurisdictions, either; however it works here. Committee Chair Maxwell stated that in his experience in the corpc policy of only hiring from within the ranks might eliminate the c someone who has superior talents, or has done some spectacular tr a concern that when people are too familiar with a system, they work that system, so perhaps an opportunity is missed in finding the ri� the job. This is the reason he made the referral. If outside cc included in the recruitment, it might make the internal candidates bE The second issue is one of checks and balances. It is within the realr for the City Council to be involved in the process of selecting the Pc providing input, although the City Manager would make the final dec Mr. Maxwell recognized that the other Committee members believ system works well. There have been very good Police Chiefs in the believes those appointed in the future will be equally as good. A time, the item will be tabled. B. Discussion and Committee Recommendation reqardinq the f Modifvina the Municipal Code to allow for Remote Caller Binao City Attorney Gennaro reported that staff in the City Attorney's OfficE �I�rr�l�i ��ii+l� A�ri�+ivr�+ i�i��i AArvr�rvr�r T�rvlir ir� +1�� i�i+�i AA�r�rvrv�r�r ilffi�. Legislative and Litigation Comr Agenda S� Tuesday, Fe In 2008, the Governor of California signed into law legislation that w� remote caller bingo; however, there were concerns over how the ga regulated. The current structure was initiated in 2012, and it has � successful. The difference between the common bingo game that has beE many years and remote caller bingo is that remote caller bi simultaneously played from multiple locations throughout the State v� audio and video technology. Mr. Teglia showed a video of a ty caller bingo game. Eligible organizations, in general, include mobi associations; senior citizens', fraternal, apostolic, labor, agricultural, and educational organizations; non-profit organizations, such as 501(c)3 designation; and veterans' organizations. The organization conducting the game is required to have been inc in existence for three years or more; is licensed for regular bingo jurisdiction; and a specific percentage (43�0) of the proceeds of th be used solely for charitable purposes. The remaining proceeds a 20�o for overhead costs and 37�o for prizes. Operation of the bingo game may not be the primary purpose 1 organization exists. The game shall not be conducted on more tr during a week, except there is one additional game allowed in ec quarter. Players must be over the age of 18, with no more than 750 K one site. The game can only be played at sites located within California, and must be open to the public. The organizer can pE sponsor a remote caller bingo game with one or more unaffiliated under specific provisions, and that game cannot be played at r locations. Approval must be granted by both the local jurisdiction and the St� has an ordinance in effect that allows for regular bingo. An additior would have to be approved by the City Council to allow for remote c Applications to the State are submitted to the Department of Justic Gambling Control. If they are deemed complete, the applicati considered by the California Gambling Control Commission. If the approved, the organization must provide the Department of Justice � enforcement with 30-days' notice of their intent to conduct gc jurisdiction. Legislative and Litigation Comr Agenda S� Tuesday, Fe Mr. Teglia said that the Committee can either take no action or recc staff prepare an ordinance that would authorize remote caller binc either present the draft ordinance to the Committee, and then to th or provide it directly to the City Council for consideration. City Attorney Gennaro suggested that if the Committee desires that the ordinance, that a when the draft ordinance is provided to the C presentation should be given to provide background information, make a decision. Committee Chair Maxwell asked for public comments. Mr. Joel Park, Financial Officer of American Legion-Post 26, Committee for allowing him and his associates the opportunity to spE some brief background on himself, and the organization. The o authorized to have bingo games now, and fulfills the requirements tc remote caller bingo license. He added that no alcohol would be the remote caller bingo games are being played. The proceeds � them to assist military veterans more than they do now. They spo scout troops and may start a girl scout troop, also, and some of � would assist with their activities. Richard Smith, American Legion-Post 26 Post Commander, sta- organization sends six scouts each year to Sacramento for a week local government works. They also contribute towards the Honor Fli The proceeds would help with both of these charitable endeavors. Committee Chair Maxwell asked if there were further comments. Committee member Parlier said that he is in favor of authorizing i bingo in Bakersfield. He has spoken to the Adjutant, David Grahar occasions, and knows of their qualifications. He believes that this w funding stream to further assist local military veterans. He asked Ch for his opinion. Chief Williamson said that he has no opposition to the game. Committee member Parlier noted that this is a separate issue gambling. At Committee member Sullivan's reauest, it was confirmed that a Legislative and Litigation Comr Agenda S� Tuesday, Fe Assistant City Manager Teglia said that it began in 2008. Initially, Stc were in a quandary as to how to oversee it. Then when staff investi had the same concern, including what type of a burden it may plac with oversight and permitting. The State has now resolved these issi will provide primary oversight. The City must approve an ordinanc that the game can be played in this jurisdiction. Chief Williamson noted that there is a potential for the gamE throughout the City. He does not expect that it will create more Police Department, however, as there is little to no trouble now. Assistant Chief Martin reiterated that the goal of City staff has been 1 a State mechanism was in place to make sure that the City does more liability; and under this new process, it does not. Financial Investigator Sharples said that his staff experiences very issues with bingo. Committee member Sullivan asked how much the cost is to play, said that it costs $25 for 3 games. City Attorney Gennaro said she feels confident that all of staff's cc been addressed, and is ready to prepare an ordinance if the Comm move forward with it. She reiterated that this cannot be comparE cafe's, as those were illegal, and remote caller bingo has been apK State. She reported that, as a general rule, groups are not co-mingled. Legion-Post 26 was the local site, then other Legion posts would parti� games. The law does allow, however, for periodic games between of organizations. Assistant City Manager Teglia noted that if the City ever had a cor organization or their games, their license could be revoked. City Attorney Gennaro said that the City Council would have to de or not to allow the consumption of alcohol during games. Mr. Park n legislation passed by the State does not allow it. Committee member Parlier asked Citv Attornev Gennaro to includ� Legislative and Litigation Comr Agenda S� Tuesday, Fe Committee Chair Maxwell asked how cumbersome the State licensin Mr. Park responded that since the process is so new, there is no way t Assistant City Manager noted that there is a list of Frequently Asked the Department of Justice's website; however, staff will research the i Committee Chair Maxwell stated that he wants to know every aspec be approved, and understand the entire process. He also would I organizations have to reapply with the State every year, and Mr. TE staff will find out. Deputy City Attorney Rudnick said that the State performs an ann� they can suspend privileges during an investigation. Mr. Park said that it is his understanding that the Department of . license all American Legion posts at once, which would speed the pr Committee member Sullivan asked what fees might be collected by the State. Financial Investigator Sharples said that the City only receives the aK of $43, plus a$96 fire inspection fee. Assistant City Manager Teglia said that the State has a separate fee c The Committee unanimously agreed to send the draft ordinance full City Council for consideration, without bringing the matter back discussion. C. Discussion and Committee Recommendation reqardinq Adoptior Committee Meetina Schedule The 2015 Committee meeting schedule was unanimously approved. 5. COMMITTEE COMMENTS None 6. ADJOURNMENT The meeting adjourned at 1:06 p.m.