To: Board of Supervisors
Department or Agency Name(s): County Administrator’s Office and Independent Office of Law Enforcement Review and Outreach
Staff Name and Phone Number: Michelle Arellano (707-565-2241) and Karlene Navarro (707-565-1534)
Vote Requirement: 4/5th
Supervisorial District(s): All
Title:
Title
Independent Office of Law Enforcement Review and Outreach (IOLERO) Request for Budget Adjustment
End
Recommended Action:
Recommended action
Approve a budgetary adjustment to the Independent Office of Law Enforcement Review and Outreach FY 2020-21 Adopted Budget in the amount of $215,455 to finance increased resource needs to effectively perform expanded and new responsibilities prescribed in Measure P Evelyn Cheatham Effective IOLERO Ordinance that was approved by the voters of Sonoma County during the November 3, 2020 election. Operational budget increase requires use of General Fund Contingencies. (4/5th Vote Required)
end
Executive Summary:
On August 6, 2020 the Board approved placement of the Evelyn Cheatham Effective IOLERO Ordinance with changes recommended by the IOLERO Director Karlene Navarro, as a ballot measure for the November 3, 2020 election. The ballot measure (Measure P) repeals and replaces Article XXVII of Title 2 of the Sonoma County Code establishing IOLERO, and expands the oversight authority and independence of IOLERO to review and analyze complaints against the Sonoma County Sheriff’s Office. The measure also sets the IOLERO annual budget at 1% of the total annual budget for the Sheriff’s Office.
With the passage of Measure P by Sonoma County voters, IOLERO will assume new and expanded responsibilities, and will require increased resources to fulfill these obligations. To conform with Measure P’s annual budget requirement that sets the IOLERO budget at 1% of the total annual budget for the Sheriff’s Office, staff is proposing to prorate 1% of the Sheriff’s FY 20/21 adopted budget and IOLERO’s FY 20/21 adopted budget for 7 months (December 2020-June 2021) resulting in a budget adjustment totaling $215,455. The Board is requested to authorize use of General Fund Contingencies for a budgetary adjustment to the IOLERO FY 2020-21. While Board’s Use of General Fund Contingencies Policy states that decisions on use of contingencies should only occur at the Board’s annual budget hearings, and during mid-year budget updates, staff is requesting an exception to Board policy given that Measure P went in effect on December 1, 2020.
Discussion:
In November 2019, proponents of Evelyn Cheatham Effective IOLERO Ordinance, an initiative designed to make substantial changes to bolster IOLERO’s effective oversight, began gathering signatures to place the proposed initiative on the ballot, but their efforts were impeded by the COVID-19 pandemic and sufficient signatures were not collected.
In June 2020, the Board began to explore the need to strengthen the existing IOLERO ordinance. As part of that process, the Board created the IOLERO Ad Hoc Committee and considered other options including placing the proposed Evelyn Cheatham Effective IOLERO Ordinance on the November ballot as submitted, or with any changes made by the Board. On August 6, 2020 the Board directed staff to incorporate changes recommended by the IOLERO Director Karlene Navarro, and approved placement of the Evelyn Cheatham Effective IOLERO Ordinance, as revised, as a ballot measure to the voters at the November election. Sonoma County voters approved the local ballot measure, Measure P during the November 3, 2020 election.
Measure P repeals and replaces Article XXVII of Title 2 of the Sonoma County Code establishing the IOLERO, and expands the oversight authority and independence of IOLERO to review and analyze complaints against the Sheriff’s Office, and expands the independence and role of the Community Advisory Council (CAC). Measure P provides IOLERO review complaints where a civil lawsuit is filed, and those that become a matter of media interest. Additionally, Measure P vests IOLERO with, among other things, the authority to directly access and independently review any and all sources of investigative evidence and all instances of force used by the Sheriff’s Office; directly contact complainants and witnesses; contact custodians of evidence; and independently subpoena records or testimony and conduct investigations.
Measure P sets the IOLERO annual budget at 1% of the total annual budget for the Sheriff’s Office to ensure the department has adequate financial resources to perform all of the functions set out in the Ordinance. One percent of the FY 2020-21 Sheriff’s Office adopted budget of $176,052,539, totals $1,760,525. The IOLERO FY 2020-21 adopted budget totals $1,391,174. The difference between $1,760,525 and $1,391,174 totals $369,351.
Given that Measure P went in effect on December 1, 2020, staff is proposing to prorate 1% of the Sheriff’s FY 20/21 adopted budget and IOLERO’s FY 20/21 adopted budget for 7 months (December 2020 - June 2021), and adjust IOLERO’s budget by the difference or $215,455.
|
Department |
FY 20-21 Adopted Budget |
1% of Adopted Budget |
Prorated for 7 months (December 2020-June 2021) |
|
Sheriff’s Office |
$176,052,539 |
$1,760,525 |
$1,026,973 |
|
IOLERO |
$1,391,174* |
N/A |
$811,518 |
|
Difference |
$215,455 |
*The IOLERO adopted budget includes $556,000 in one-time funding approved by the Board during FY 2020-21 Budget Hearings to fund 2.0 new attorney positions to address current workload needs. This funding allocation was approved over a three-year period.
Prior Board Actions:
August 6, 2020 - Board adopted a resolution calling a special election to submit the Evelyn Cheatham Effective IOLERO Ordinance, as revised, to the voters of Sonoma County, and ordering the special election be consolidated with the statewide general election to be conducted on November 3, 2020.
August 4, 2020 - Board directed staff to make amendments to the proposed Evelyn Cheatham IOLERO Initiative and submit the revised initiative as a ballot measure to the voters at the November 3, 2020 election.
July 14, 2020 - Board directed to continue the IOLERO Ad Hoc Committee Charter item to 8/4/20.
June 23, 2020 - Board approved formation of the IOLERO Ad hoc Committee
Fiscal Summary
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Expenditures |
FY 20-21 Adopted |
FY21-22 Projected |
FY 22-23 Projected |
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Budgeted Expenses |
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Additional Appropriation Requested |
$215,455 |
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Total Expenditures |
$215,455 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
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Use of Fund Balance |
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Contingencies |
$215,455 |
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Total Sources |
$215,455 |
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Narrative Explanation of Fiscal Impacts:
Increased appropriations will be financed with FY 2020-21 General Fund Contingencies. The budget adjustment will be included in Q2 Consolidated Budget Adjustments.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
Attachments:
Related Items “On File” with the Clerk of the Board: