HomeMy WebLinkAboutORD 1376 ORDINANCE NO. 1376
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
REQUIRING SPECIFIC FINDINGS BY THE CITY COUNCIL AND VOTER
APPROVAL BY A SUPER MAJORITY BEFORE CONTRACTING OUT GENERAL
POLICE SERVICES
WHEREAS,the City Council of the City of Baldwin Park hereby finds and declares that,
in order to ensure minimum service levels, accountability, and a police force that is aware of
community needs, the City of Baldwin Park shall maintain its own police department for general
police services and shall provide such service by City employees.; and
WHEREAS, the City shall be prohibited from utilizing an alternative law enforcement
provider for general police services, absent specified findings and voter approval by a super
majority vote of 55%as set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. This Ordinance shall be known and may be cited as the "Let the People
Vote: Voter Approval Required for Contracting of City Police Services." For purposes of
this Ordinance,the City of Baldwin Park may be referred to as"City" or`Baldwin Park."
Section 2. I. Before the City may seek voter approval for contracting out general
police services as specified herein,the following findings must be made by the City Council:
(a). Existing emergency response times and service levels, including but not limited to
on-duty staffing level,facilities, and equipment, shall be maintained or enhanced.
(b). There shall not be an increase in cost to the policing allocation, or if a savings to
any fund is projected, it shall not be as a result of significant service alterations or reductions.
Such findings shall be compiled in a written report and presented to an ad hoc committee
of residents appointed by the city council. This committee shall also be presented with a written
report prepared by an independent auditor, evaluating all financial costs incurred by the City as a
result of the proposed decision to contract out general police services. This committee shall
develop a written recommendation to be presented to the city council in open session, regarding
the proposed decision to utilize an alternative provider for general police services. The number
of committee members, composition, and qualifications shall be determined by a Resolution of
the City Council.
II. No less than six (6) months prior to any decision to utilize an alternative provider for
general police services, the proposed utilization shall have been approved by a super majority of
55%of the voters of the City voting thereon at any general municipal election.
III. In the event the City does not comply with this Ordinance and legal action is needed
to enforce the provisions, upon prevailing in such enforcement action, the person bring such
action shall be entitled to reasonable attorney's fees.
Section 3. The Chief Executive Officer or its designee is authorized to take action as
• may be necessary to implement this ordinance.
•
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Section 4. Nothing in this Ordinance shall preclude the City from contracting for
specialized police services or entering into mutual aid agreements with other law enforcement
• agencies.
Section 5. The Mayor of the City of Baldwin Park City Council is hereby authorized
to affix his/her signature to this Ordinance signifying its adoption by the City Council of the City
of Baldwin Park.
Section 6. The City Clerk of the City of Baldwin Park shall certify to the adoption of
this Ordinance and cause the same to be posted and/or published as required by law.
Section 7. This Ordinance shall go into effect and be in full force and operation from
and after thirty(30)days from the date of its final passage and adoption.
Section 8. If any chapter, section, subsection, subdivision,paragraph, sentence, clause or
phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance or its application
to other persons. The City Council hereby declares that it would have adopted this Ordinance
and each chapter, section, subsection, subdivision,paragraph, sentence, clause,phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional.
PASSED, APPROVED AND ADOPTED by the City Council of the ity of Baldwin Park this
2"d day of September, 2015.
III
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CITY CL' '
State of California
County of Los Angeles ss:
City of Baldwin Park
I, Alejandra Avila, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing
Ordinance No. 1376 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on August 19, 2015. Thereafter, said Ordinance No. 1376 was duly
approved and adopted at a regular meeting of the City Council on September 2, 2015, by the
following vote:
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
• ABSTAIN: None.
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