File #: 22-1094    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 8/12/2022 In control: Sheriff
On agenda: 9/27/2022 Final action: 9/27/2022
Title: Agreement with the Wiyot Tribe for Law Enforcement Services
Attachments: 1. Staff Report, 2. Agreement with Wiyot Tribe, 3. Resolution of the Wiyot Tribe No. 22-18, Authorization Limited Waiver of Sovereign Immunity

 

To:                                                               Board of Supervisors

 

From:                                          Sheriff                                          

 

Agenda Section:                     Consent                                                               

 

SUBJECT:

title

Agreement with the Wiyot Tribe for Law Enforcement Services

end

 

RECOMMENDATION(S):

Recommendation

That the Board of Supervisors:

1.                     Retroactively approve, and authorize the Sheriff to execute the attached Agreement with the Wiyot Tribe regarding law enforcement services in the amount of $160,000 annually and pro-rated at $146,666.67 for the period of August 1, 2022 to June 30, 2023; and

2.                     Authorize the Sheriff to execute any and all subsequent amendments or extensions to the attached Agreement with Wiyot Tribe after review and approval by County Counsel, Risk Management and the County Administrative Office. 

 

Body

SOURCE OF FUNDING                     

1100-221200 Patrol, Revenue 800870 Charges for Services, Wiyot Tribe

 

DISCUSSION:

The Wiyot Tribe was the recipient of the Federal Department of Justice, Office of Violence against Women Grant in 2022.  As a part of that Federal Grant the Tribe received funding to hire a Law Enforcement Officer to assist with investigations regarding violence against women, enhance victim safety, and develop education and prevention strategies.  The Wiyot Tribe has engaged with the Humboldt County Sheriff’s Office (HCSO) to provide law enforcement services to the Wiyot Tribe,  Eel River Valley, and including Tribal Land therein. 

 

The basic level of services to be provided is forty (40) hours per week in four (4) ten (10) hour shifts Monday through Thursday from 8:00am to 6:00pm. The law enforcement services to be provided are enforcement of state statutes; police protection of the type provided by the Sheriff; and maintain a regular visible uniformed presence throughout the Wiyot Tribal Land in the Eel River Valley.  HCSO shall not be required to assume any enforcement duty or function inconsistent with those performed by HCSO under County Ordinances and the statutes of the State of California. 

 

Accordingly, HCSO recommends that the Board of Supervisors approve, and authorize the Sheriff to execute the attached Agreement with the Wiyot Tribe regarding law enforcement services in the amount of $146,666.67 for the period of August 1, 2022 to June 30, 2023. Should both parties elect to extend the agreement, the annual cost would be $160,000.00 unless the terms are  renegotiated.  Staff also recommends that the Board authorize the Sheriff to execute any and all subsequent amendments to the attached Agreement with Wiyot Tribe after review and approval by County Counsel, Risk Management and the County Administrative Office, in order to avoid any unnecessary delays in the provision of needed law enforcement services.

 

FINANCIAL IMPACT:

The attached Agreement with Wiyot Tribe has total revenue of $146,666.67 for the period of August 1, 2022 to June 30, 2023. However, either party may terminate the agreement upon 60 days’ notice. In addition, per the agreement, the annual rate is $160,000.00 unless renegotiated.

 

Revenue appropriations of $146,667.00 related to the attached agreement will be added to the Fiscal Year (FY) 2022-23 budget for Sheriff Operations 1100-221 in object code 880870 Charges for Services and will reduce the Additional General Fund/ARPA request of $3,217,866 down to $3,071,219.  The appropriation changes will be incorporated after budget adoption.

 

STRATEGIC FRAMEWORK:

This action supports your Board’s Strategic Framework by building interjurisdictional and regional cooperation.

 

OTHER AGENCY INVOLVEMENT:                     

Wiyot Tribe

 

ALTERNATIVES TO STAFF RECOMMENDATIONS:                     

The Board could choose not to approve the agreement or allow the Sheriff to sign such agreements, however this alternative is not recommended as it will result in less law enforcement services in the Eel River Valley and the Wiyot Tribal lands located therein and will not allow the Sheriff’s Office to receive revenue for these services. 

 

ATTACHMENTS:                     

1.                     Agreement with Wiyot Tribe

2.                     Resolution of the Wiyot Tribe No. 22-18, Authorization Limited Waiver of Sovereign Immunity

 

PREVIOUS ACTION/REFERRAL:

Board Order No.: N/A                     

Meeting of: N/A

File No.: N/A