HomeMy WebLinkAboutContracts & Agreements_43-1977 JOINT EXERCISE OF POWERS AGREEMENT
E ESTABLISHING THE ARROWHEAD JUSTICE ASSOCIATION
l THIS AGREEMENT, dated for convenience as of this lst day of
} October, 1977 , by and between the County of San Bernardino, a poli-
31 tical subdivision of the State of California, hereinafter referred
1
41 to as COUNTY, and the City of Adelanto, a municipal corporation,
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5 ; the City of Barstow, a municipal corporation, the City of Chino, a
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6 ' municipal corporation, the City of Colton, a municipal corporation,
7 � the City of Fontana, a municipal corporation, the City of Loma
81 Linda , a municipal corporation, the City of Montclair, a municipal
9 corporation, the City of Needles, a charter city, the City of
10 Ontario, a municipal corporation, the City of Rancho Cucamonga, a
11 municipal corporation, the City of Redlands , a municipal corporation,
12 the City of Rialto, a municipal corporation, the City of San Bernar--
13 dino, a charter city, the City of Upland, a municipal corporation,
14 and the City of Victorvslle, a municipal corporation, hereinafter
15referredto as CITIES .
161 WITNESSETH
17 WHEREAS , the County and Cities recognize that comprehensive
18 planning for the efficient use of criminal justice and juvenile 3us-
19 tice and prevention resources requires a permanent coordinating
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20leffort on the part of local governments and local criminal justice
21 and juvenile justice agencies, and
22WHEREAS , the County and Cities recognize that it is desirable
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23 to coordinate local criminal justice and juvenile justice activities,
24 : and planning for the use of State and Federal funds made available
25 � through any grant program, j.ncluding the mini-block grant process;
261 and
27� WHEREAS , each party to this agreement is a public agency and
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281 is authorized to enter into this agreement; and
29i WHEREAS , each party to this agreement deems it necessary to
30l create a separate public entity by a joint exercise of powers agree-
31 ment to devise an organizational and administrative structure for
32 tl�ELjpper,�t�.on, o nyC u may;wide of
justice and juvenile justice
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11 planning and coordinating system encompassing the geographic terri-
2 tory of the parties to the agreement and to secure approval from the
31 California Council on Criminal Justice, hereinafter referred to as
4 � C .0 C .J , and the California Office of Criminal Justice Planning,
5l hereinafter referred to as O C J P. , for a block grant for criminal
6 � 3ustice and 3uvenile 3ustice improvement purposes , and
t
7 '
WHEREAS , Section 303 (x) (4) of the Omnibus Crime Control and
8 Safe Streets Act of 1968, 42 U S C JP 3701, et. seq , as amended
9i (Pub. L. 90-351, as amended by Pub . L. 93-83, Pub L 93-415, Pub
10 ':IL 94-430 and Pub- L. 94-503) , provides and requires that a State-
11 "provide for procedures under which plans may be submitted
12 to the State planning agency for approval or disapproval, in whole
13 or in part, annually from units of general local government or
14 combinations thereof having a population of at least two hundred
13 and fifty thousand persons to use funds received under this part
16
, to carry out a comprehensive plan consistent with the State com-
1` 1 prehensive plan for the improvement of law enforcement and criminal
3-8 3ustice in the 3urisdiction covered by the plan Approval of such
19 local comprehensive plan or arts thereof shall result in the
� P P P
20 '� award of funds to the units of general local government or combina-
21 ; tions thereof to implement the approved parts of their plans ,
22 unless the State planning agency finds the implementation of such
23 !, approved parts of their plan or revisions thereof to be inconsis-
241 tent with the overall State Plan", and
251 WHEREAS , the mini-block grant procedures developed by the
26C .C .C.J, and the O.C .J.P _ are consistent with the requirements
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27l under Section 303 (x) (4) of the Omnibus Crime Control and Safe
28 Istreets
Act of 1968, as amended; and
29 WHEREAS , Policy 210 of the mini---block grant process developed
30 � by the C C .C.J_ and the O .0 J P provides ;
31I . When a unit of local government, eligible under
32 303 (a) (4) of the Crime Control Act, establishes its own criminal
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11 justice plan that is comprehensive in terms of the criminal or
2 juvenile justice functions of such unit and fosters coordination
31 with related functions of other units, the regional planning
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41 board ' s allocation of funds shall be guided by such pian to the
5i greatest degree consistent with effective region--wide planning
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6 } and
7 WHEREAS , each party to this agreement desires to improve its
8 criminal justice and juvenile justice system by jointly forming an
9 association for that purpose, within the County of San Bernardino,
101 and
11 WHEREAS, the County and Cities have the power, under the pro-
12� visa.ons of Article I , Chapter V, Division VII of Title I of the
13 California Government Code, commencing at Section 6500, to enter
141 into and carry out the terms and conditions of this Joint Powers
15 Agreement, and
16 WHEREAS , there presently exists an official committee of the
171County of San Bernardino known as the San Bernardino County Cri--
l8 , minal Justice Planning Committee, having been formed on January 17 ,
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19 1972 , and exercising the responsibility of comprehensive criminal
20 justice and juvenile justice planning within the County,
21 NOW THEREFORE, the County and Cities for and in consideration
22lof the mutual promises and agreement herein contained, do agree
23 ! as follows
24I Section 1. EFFECTIVE DATE
251 This agreement shall become binding upon each party hereto
261 upon execution hereof by that party-
27 The San Bernardino County Criminal Justice Planning Committee,
28 ( an official Committee of the County of San Bernardino, . having
2911 been formed by the San Bernardino County Board of Supervisors on
301 January 17 , 1972 , is hereby dissolved effective upon the date of
31 the execution of this agreement by the San Bernardino County
32 Board of Supervisors, as 'a party to said agreement. Upon
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J- i dissolution of the San Bernardino County Criminal Justice Planning
2 € Committee all actions heretofore taken by said Committee from
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3 � October 1, 1977 to the date of its dissolution are deemed as
4 ! being valid and in effect by each party to this agreement and are
51 not nullified by said agreement
6i Section 2 PURPOSE OF AGREEMENT
7 The purpose of this agreement is to improve and coordinate
8 comprehensive criminal justice planning and to improve the opera-
tions of the criminal justice and juvenile justice systems within
10 San Bernardino County through the establishment of a cooperative
11 association. This association shall be referred to as the Arrow-
12 head Justice Association, hereinafter referred to as "A .J.A. ",
13 and shall consist of a policy--making and planning entity known as
14 the Arrowhead Justice Association Planning Committee, formerly
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13 known as the San Bernardino County Criminal Justice Planning
16 Committee, an official committee of the County of San Bernardino
17 heretofore created on January 17 , 1972 by the County Board of
3-8ISupervisors, and the San Bernardino County Criminal Justice Plan-
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1g ' ning Manager, as well as additional staff as determined to be
20 necessary by the A_J.A. Planning Committee The County and Cities,
21through the A.J.A. , shall perform all necessary functions to ful--
221fill their purposes including, but not limited to, the following
23 ' program objectives
2dE
w ; a Planning Research for and preparation of the San Bernardino
25 County Comprehensive Criminal Justice and Annual Action Plans
26 � This broad responsibility will be an exclusive effort by the A J A.
27 Planning Committee and its Planning Manager. The purpose will be
28 to achieve the following three sub-objectives . (a) Develop a
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11 1976 Amendments to the Crime Control Act, and, 'c) Develop that
211 portion of the Region "S " comprehensive plan relating to the
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3�1 criminal justice and juvenile justice and delinquency prevention
4 systems in San Bernardino County.
51 b. Evaluation- 1. To advise and provide the A J A Planning
ACommittee and the State Office of Criminal Justice Planning with
71, appropxiate information relative to selected project evaluations
8iand compliance of such projects with the County Plan as funded
9under the mini-block grant program in San Bernardino County_ With
10 Region "S " input, this process will provide the State evaluation
11 : staff with pertinent data on the evaluations taking place within
12 San Bernardino County and this Region. This accumulated i,nforma-
15 tion will be a major portion of the information reported to L E A.A.
14 in the State Evaluation Plan. 2 . As a mini-block grant recipient,
15 the responsibility of providing the O.C .J.P. staff with local
16 evaluation data input Such data as are manipulated from time
17 to time by the Region "S " computer access will be shared with
18 the A.J A staff and Committee, as well as with the Regional Evalu-
19 ' ation Committee (Executive Committee) 3 . To provide agencies
20 within San Bernardino County with required information to be
21 rtilized for program planning. 4 To determine the extent the
22 projects ' activities are related to program results .
23 c Technical Assistance: To provide public and private agencies
241 within San Bernardino County with designated assistance not avail-
25iable at the local level relative to a variety of programs and
26 i projects .
271 d Grants Manaqement. To insure the most efficient and economi--
28 cal operation of L.E A A grant funded programs within the County
I local laws , ordinances, rules and regulations 3 To assure that
21 L.E A A funds to local public and private agencies are utilized
3 to the fullest extent possible, and within the scope of the agreed-
4 to program. 4 To assure that any special requirements provided
5 in relation to the mini-block grant program within San Bernardino
6 County are fully complied with.
7 f Systems Impact Analysis 1 Conduct analysis of proposals
8 emanating from within San Bernardino County relative to their
9 fiscal and operational impact 2 . in order to assist in the
10 implementation of the responsibility of the A_J A. Planning
11 Committee to review all criminal 3ustice proposals from within this
12 County prior to submission to the Region "S " planning unit, the
13 Criminal Justice Planning Manager will perform the following work
14 elements.
151 Review, analyze, and make recommendations relative to all
16 new and continuation proposals from within San Bernardino County
17 with reference to compliance with the County' s annual planning
1-8 document and for fiscal cal and operational impact on the criminal
19 3ustice system and the proponent agency This will include
20 - recommendations for specified action not only to the A.J.A.
21 Planning Committee but also to the County of San Bernardino and
22 other sponsoring units of government within the County
23 Section 3_ POWERS TO BE EXERCISED
24 The powers to be exercised by the A J_A. shall be as follows
25 - a Coordinate local criminal 3ustice and juvenile justice
26 activities within San Bernardino County.
27 b Plan and budget for the use of Federal and State funds
28 made available through the Crime Control Act of 1973 (Public Law
Z , c Apply for, receive, and disburse Federal, State or other
2i funds, including the mini.-block grant as provided by law, and
3 serve as a conduit for applications for Federal and State criminal
4 justice and juvenile justice funds and evaluate the programs which
5 receive such funds
6 ' d. Develop comprehensive, unified and orderly procedures to
7 insure that local criminal justice and juvenile justice plans are
8 in accordance with Federal and State guidelines, and that all
9 applications for grants--in-aid, loans, awards or other forms of
10 funding assistance are processed efficiently.
11 e. Cooperate with, and render technical assistance to,
12_ units of local government, combinations of such units, or other
13 public or private agencies , organizations or institutions in
141 matters relating to criminal justice and juvenile justice
15 � f. Conduct evaluations of programs and activities of criminal
16 justice and juvenile justice systems .
17 � g Perform other functions and duties as may be required by
18 Federal or State laws, rules, regulations or guidelines
19 The A .J.A. is authorized, in its own name, to do all acts
20 necessary for the exercise of said powers for said purposes,
21 including, but not limited to, any or all of the following- to
22 make and enter into contracts; to employ staff and agents, to
23 acquire, maintain and dispose of real and personal property, to
24incur debts, liabilities or obligations which do not constitute
25 a debt, liability or obligation of the Cities and County, and to
26 sue and be sued in its own name Such powers shall be exercised
27 subject only to such restrictions upon the manner of exercising
28Isuch powers as are imposed upon . the Cities and County in . the
l resolutions of the County and at least one-half of the Cities which
2 contain at least one-half of the population of the Cities desig-
3 nested as parties to this agreement Population figures shall be
Ali determined by the latest
published estimates of the State Department
51of Finance. Any party to this agreement may withdraw by giving
6 six months written notice to all other parties, including the A J.A .
7 Planning Committee, that it is terminating its rights and duties
8 under the agreement. When any party has ceased to be a party to
9 this agreement, it shall not be entitled to again become a party
10 to this agreement except upon unanimous consent of two-thirds of the
11 remaining parties and upon such terms and conditions as may be
12 imposed by unanimous action of said parties
13 Section 5. ARROWHEAD JUSTICE ASSOCIATION
14 a . CREATION OF THE ASSOCIATION
15 Pursuant to Article I, Chapter V, Division VI of Title I of
16 i the California Government Code, commencing at Section 6500, there
171ishereby created a public entity to be known as the "Arrowhead
18 Justice Association"
191 b. GOVERNING COMMITTEE
20 The Unit shall be administered by the Arrowhead Justice
21AssociationPlanning Committee, comprising the following positions
22 "from within the County of San Bernardino, the method of appointment,
23 End the discipline represented.
P-41 Chief Probation Officer - Automatic appointment based upon
26 individual nature of position - Corrections .
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261 Coroner - Automatic appointment based upon individual nature
27 of position - Local Government.
28 District Attorney - Automatic appointment based upon individual
Of)
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I Sheriff - Automatic appointment based upon individual nature
2 10 position - Law Enforcement .
3i Superior Court Judge -- Appointed by the Superior Court -
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4 � Judicial Process .
5�1 Municipal Court Judge - Appointed by the Municipal Court -
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6� Judicial Process
7 .1 County Supervisor - Appointed by the Board of Supervisors --
8 Local Government.
91 Educator - Board of Supervisors - Education
10 Member of the Juvenile Justice Commission - Juvenile Justice
11 Commission - Corrections
12 City Positions - one member from each City represented on the
13 A.J.A . - Mayor, City Councilperson, City Manager, or Chief of
14 , Police - Local Government or Law Enforcement.
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15i Each elected member shall serve for the period of his elected
16 Lerm Each non-elected member of the Committee shall serve until
17 such time as the appointing authority removes said member and
18lappoints another individual to serve as a member
�g c. MEETINGS OF THE COMMITTEE
20€� (1) The A J A Planning Committee shall provide for its
2111regular meetings . The date, time, and place of holding of the
22� regular meeting shall, be fixed by the Committee .
23 ) (2) All meetings of the Committee shall be called, noticed
24 ,and held and conducted in accordance with the provisions of the
25 Ralph M. Brown Act, commencing with Section 54950 of the Govern--
26 ,ment Code.
271 (3) The Criminal Justice Planning Manager, or a person desig-
281nated by the Planning Manager, shall cause to be kept minutes of
on 1n11 mPPi—i-nmq of -het f nmm� �"� PP and clha1 i ac cnnn as r�ncc il�la �ffrar
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I member of the Committee and to the Clerks of the County and Cities
21 (4) A majority of the Committee shall constitute a quorum for
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31 the transaction of business except that less than a quorum may
41 adjourn from time to time .
51 d OFFICERS
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& # The Committee shall select a chairman and vice chairman. The
71 secretary of the Committee shall be the Criminal Justice Planning
8 Manager, or his designee, and the auditor-controller and the
9 treasurer of the A_J A. shall be the Auditor-Controller and the
10 Treasurer of the County of San Bernardino_ The attorney for the
11 A.J A. shall be the County Counsel of the County of San Bernardino
121 or his duly authorized deputy.
131 e . FUNDS
14 The Treasurer of the County shall maintain in a separate trust
15 account all funds received by the A.J.A. Such funds as received
16 from the Law Enforcement Assistance Administration, the O C J P_ ,
17 and local sources shall be expended only in accordance with the
18 ; 0 C J P. Fiscal Affairs Manual and the appropriate rules and
19Iregulations of the County and Cities
20It shall be the responsibility of the Criminal Justice Planning
Manager to prepare an annual working budget to be submitted to the
22i Committee for its consideration.
231 f ADDITIONAL PARTIES
24i Any incorporated city within San Bernardino County may join
25the A J.A Any such jurisdiction so joining shall become a member
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26 subject to the terms of this agreement. The Committee shall
27 establish such conditions for entry into the A J_A. as will be fair
28 to the new member and to all other members to this agreement. The
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1 duly authorized, and their official seals to be hereto affixed, as
2 of the day and year first above written_
3
THE CITY OF ADELANTO
d
5
it
s By
Hastell F Hollis, Mayor
7
$ i Attest:
M Y
10 la4
Mary ee Co g i n i ty Ci r
11
l2 T HEREBY APPROVE the fora and legality of the foregoing Agreement
l3 this day of
14
15
City Attorney
16 City of Adelanto
17 II
18 By
19 'i
20 :
THE CITY OF BARSTOW
21
22
B �
23 ; r E. o dsmxt Mayor
24
Attest: `
25
26
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27 Betty .R we, City Clerk
ti -
28
29 ' 1 HEREBY APPROVE the form and legality of the foregoing Agreement
THE CITY OF CHINO
1
2 By
3 Bob B. F4cLeod, Mayor
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5 Attest:
6
r7
Joan Kruse, City Clerk
8
g I HEREBY APPROVE the forst and legality of the foregoing Agreement
10,� this day of
x
ll
1211 City Att rney
13City of hind
F
la
15
By
16
17
18
19 THE CITY OF COLTON
20 !
21 ; By
Abe E. trap, Mayor
22
23
24 Attest:
25
26 .
Helen Ramos, City Clerk
27
28 I HERE&Y APPROVE the form/ and legality of the foregoing Agreement
5
THE CITY OF FONTANA
Z '
2 By �
3 Frank Horzen, May r
1[. 1
Attest:
5
7 Patricia M. Murray, City Clerk
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9 ,
I HEREBY APPROVE the form aVid legality of the foregoing Agreement
10
this day of
11
12
13
City Attorney
14 City of Fontana
15 '
16 By
17 :
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18 '
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THE CITY OF LOMA LINDA
19 fi /
20 B
2 'i Kent W. Dickinson, Mayor
2211
Attest:
23
24
25F �Ff rW 1 �� 1 C�ty Clerk
25
27 I HERESY APPROVE the form and legality of the foregoing Agreement
28 this day of
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THE CITY OF MONTCLAIR
I!
,2
3
Harold M- Iayes, 4,Iayor '
41
5 fit /
} Att�st-
6i
E
7` AAX;;�� X,4y
g' Gertrude L. H 1, Cxty Clerk
9'
I HEREBY APPROVE the form and legality of the foregoing Agreement
14
this day of / �T •
11 , -,�7
12
City Attorney
13 City of Montclair
14
15
16
17
THE CITY OF NEEDLES
1s
19 By
20i Huey M. O 'Dell, Mayo.
Attest:
22
23
24 Vernon Bailey, Cit Clerk
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25 I
I HEREBY APPROVE the form and legality of the foregoing Agreement
26 '
this day of
27 �
r
City Attorney
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�- THE CITY OF ONTARIO
2
3 By
R. E. E llingwMayor
4 LJJ
5 Attest-
6
DeLorzs terburn, City Clerk
8
9 I HEREBY APPROVE the form and legality of the foregoing Agreement
10 this day of
11
12 City Attorney
13 City of Ontario
14 By
By
16
16 THE CITY OF RANCHO CUCAMONGA
17
me{s ost, ayor
l9
20 Attest:
21
22 -
23 -
2 23 - City Clerk
24
26 I HEREBY APPROVE the form and legality of the foregoing Agreement
26 this day of
27 !
28 City Attorney
City of Rancho Cucamonga
p
1
THE CITY OF REDLANDS
2
C a , es / D I 2Wn, L ayor
5 '
6 Attest:
! ti
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$ s'r M sele City erk
9
CJ
10 City Attorney
City of Redlands
11
12 BY �( -
13 v
14;
15�
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16I THE CITY OF RIALTO
17l -
181 By
Elvin Meek, ayor
19 !
20 � Attest:
21
22 _
J eSampson, Ca Cler
23
24 I HEREBY APPROVE the form and legality of the foregoing Agreement
25 this �� day of
26
r
27 City Attorney
28 ; City of Rialto
2 9 //
1 THE CITY OF SAN BERNARDINO
2
3
W_ R_ olc klay
5 Attest:
s
8 Lu:c Gof• rrh, City Clerk
1
9 ', I HEREBY APPROVE the .form and legality of the foregoing Agreement
101 thas �� day of �,Q►f f� ��
ll I
Cit Attorney
12 I' City of San Bernardino
13
14� By -�
15
16 � THE CITY OF UPLAND
17
B
Kul
18 y eo e M. Gibson, Mayor
20 Attest:
21
22 ' .� a
4�oreen K. Carpent City Clerk
23
1
24 , I HEREBY APPROVE the form and,�, legality of the foregoing Agreement
25I this -7,0 -tt day
I
261
27 City Attorney
28 City of Upland
nn
1 THE CITY OF VICTORVILLE
2 �
3
By�/�.�
Humberto Lugo, May
1!
5 Attest
s ;
6 ' �
James L_ Cox,�Ca ty Clerk
9 I HEREBY APPROVE the form and legality of the foregoing Agreement
10 this 4th day of Januarv, 1978 -
11
12 City Attorney
13 city of Victorvil.le
14
151 By
r
16'
17
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Zg! COUNTY OF SAN BERNARDINO
:L9
201 By
Robert O. Townsend, Chairman
21 Board of Supervisors
22
23 Attest-
24
ttest-
2 4 �.
25 na Rapapoxt CJ ^
26 Clerk of the Board of Supervisors
2'7
28 I HEREBY APPROVE the form and legality
9ofthe foregoing Agreement
29 this 31s74'— day of l / .
-8[ nLatt►ru�y
Please exchange Page 9 of the Amendment to Joint Exercise of Powers Aqreement
sent to you June 14, 1978 for the one being sent to you this date, June 20, 1978
Additional language on Line 22 will assure that each City will be represented
on the A.J A. Planning Committee The additional language is as follows .
Page 9, Lines .21 & 22 - "The members, the number of positions, and
the appointing authority sha1Z be the
folZGw-&ng, but -Ln no ease shall a City be
represented by more than one member:"
ARROWHEAD JUSTICE ASSOCIATION
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1 as closely as possible, with Sections 13904 and 13905 of the California PenaZ Code
2 I Pfeba4+e-ft G'Fv f i eei- - nrsatefflati e :lel-\l1 rntrni1-b based Upen individtfal.
4 Ger3ncr Aut3nat-4 appaintme wed upon i iidi N .4ua+ e -e€ err -
5 Laeal -C ►umm—\nt.
6 DistrieA tcriiay - e� app .ntmc,-+t- based upet} 9-n-d-i�ieual nature -ef
7 paten- - Judi -,�a1 mss.
8 Publie Defender - A"cr°ttf,c -ap"ir tr c t based upon �&. i;duft+ mattIfe -6f'
9 pesit4ee - 4ud+e+a-I- Pr.-coa s•.
10 Ek-,orrff - ", � based na,,.,d ual. ,e .ef€ position -
ll -Enfe ft-.
12 Super4er Geurt judge - AK c>n te& by t-lte ✓a pc i-i Gi- tel: - J u&. i rn+ Preet=rs.
13.) Mun4eipal- £eurt judge - Ap p i n ted- 43:t t4e Mwir� £eu rt - u d i e i rte Preeess
14 ' Geant - Appeinted lam" -fie Board "e-f- - 6eeal r ; n .
15 Edueate - Bear -e� fiapars'i s-ers - Edueatien.
16 Men,bcr -e-f- 9-u\cm's ,,�stiee -Ge--,i rry 311- - Oayeiiileutee -
17 Gerreetion-s
18 C4t-), n a,. ens- -- one met° f reffl eaeH � represemte4 8tt- t re- -A.4.4. - Mayer,
19 C/i anc l p ie, £ r- "tai c r, f ef- Poliee - tel- Gn L rllr trsi-
21 The members, the number of positions, and the appointing authority shall be the
22 lfollowing, but in no case shall a City be represented by more than one member:
23 f Board of Supervisors - one position - Board of Supervisors appointment.
24 I Chairman or Commissioner, JuveniZe Justice and Delinquency Prevention
25 � Commission - ane position - J.J. & D P Commission appointment
26 Chief of Police - seven positions - City Selection Committee appointment.
27 Chief Probation officer - Automatic appointment.
28 i City CounciZperson - six positions - City Selection Committee appointment
29 Country Administrative Officer - Automatic appointment.
30 Country Superintendent of Schools - Automatic appointment
31 District Attorney - Automatic appointment.
32 Justice Court Judge - one position - Board of Supervisors appointment
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