HomeMy WebLinkAboutItem 7.1 Jail Booking Fees Notice of Dispute CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 8, 1991
SUBJECT: Consideration of Filing a Notice of Dispute with Alameda
County on Jail Booking Fees
(Prepared by: Paul S. Rankin, Assistant City Manager)
EXHIBITS ATTACHED: 1 . Copy of Letter from County Administrator dated March
8, 1991 transmitting Booking Fees Invoices
2. Letter from County Counsel Waiving Statute of
Limitations for a Limited Time Period
3. Draft Notice of Dispute
RECOMMENDATION- Consider Issuing a Notice of Dispute Pursuant to
. b Government Code Section 907 and if appropriate, direct
the City Manager to execute and transmit the Notice.
FINANCIAL STATEMENT: In the event that the dispute is resolved in favor
of the County, the City will owe interest computed
at 10% per year. This cost would be impacted by the
amount of time elapsed in resolving the dispute. If
litigation occurs, 6 - 9 months may be required to
resolve the dispute. The net cost to the City would
be reduced by interest earned on the City's cash
flow. The following calculation identifies the
estimated cost based on certain assumptions:
Amount Invoiced (Period: July-Feb/8 months) $25, 135.80
Potential Monthly Interest Owed (Based on Govt. Code: 10%/yr) 209.47
Less: Estimated Monthly Interest Earnings (Assume 8%/year) (-167.57)
Estimated Net Monthly Cost to City if the County prevails $41 .90/month
DESCRIPTION: On February 25, 1991 , the City Council authorized
participation in a Joint Powers Agreement to secure legal services. The
purpose of the Agreement was to join with other agencies in Alameda County to
challenge the Jail Booking Fees imposed by Alameda County pursuant to SB
2557.
The County has granted all public agencies until April 30, 1991 the right to
file a suit related to the legality of fees levied for Jail Booking (Exhibit
2). This issue is currently being discussed among a group of City Attorneys
representing the Cities throughout Alameda County. It has not been clearly
determined whether there is a consensus of the agencies on how any litigation
should be pursued. Although the County Counsel has waived any statue of
limitations which would bar a suit filed against the County over SB 2557
until April 30, 1991 , administrative units within the County organization
have begun billing for fees identified for jail booking.
The City of Dublin received its first invoice on March 12, 1991 for Jail
Booking Fees which covered a period from July 1 , 1990 through February 28,
1991 . The invoice was transmitted via Certified Mail and contained an
explicit reference to Government Code Section 907. This section allows the
County to issue a 30 day notice for payment of the invoiced fees. In the
event that the City does not issue a Notice of Dispute, the County is
authorized to deduct any delinquent amounts from revenues owed to the City of
Dublin. For example, the County could deduct the delinquent amount from the
City's property tax payment.
----------------------------------------------------------------------
COPIE(S TO: �L 2
ITEM NO. �/� CO / O -00
Y
SB 907 identifies the right of the City to dispute the amount which has been
invoiced. In accordance with the Law, this must be done by Certified Mail
within 30 days of receipt of the original invoice. The Law also identifies
that in the event that the dispute is resolved in favor of the County, the
City would owe interest on the amount billed which is calculated at 10% per
year. Although the City is earning interest on the funds which have not been
paid out, it is unlikely that the earnings would be. equal to the 10% penalty.
For example, at the end of February the Local Agency Investment Fund (LAIF)
was earning 8.002%. Currently, other investment opportunities and
certificates of deposit are less than the LAIF rate. If the City does not
prevail, the City will incur an actual penalty due to the interest costs paid
to the County being higher than the City's current interest earnings. State
Law establishes the 10% interest rate required to be paid in the event that
the City does not prevail. Based upon the current billing, the potential
monthly penalty to the City of Dublin is approximately $209.47, with a net
monthly cost to the City of $41 .90.
If a Notice of Dispute is to be filed pursuant to Government Code Section
907, it is necessary for that Notice to be filed by April 11 , 1991 . The City
Attorneys Group has drafted a proposed Notice which would standardize the
response from all agencies contesting the County billing. The draft of this
document is attached to the Staff Report (Exhibit 3) . In addition, the City
has reviewed the invoice and identified certain technical errors with the
billing. Therefore, a statement of the technical inaccuracies has been added
to the proposed City of Dublin Dispute Notice.
It is appropriate for the City Council to consider whether to direct Staff to
file the proposed Notice with Alameda County. The result of this action will
be that the City potentially could incur additional costs due to the interest
rate paid in the event that the dispute is resolved in favor of the County.
Staff would recommend that the City Council consider this item and, if
appropriate, authorize the City Manager to execute the Notice.
a:s48jail.doc.agenda#4
OF gCQ�O
u r C O U N T Y A D M I N I S T R A T O R E C E y E D
• �; h1AR 121991
°gtlFOr►N`P
March 8, 1991 My,, OF WBUN
STEVEN C. SZALAY SUSAN S. MURANISHI
ASSISTANT COUNTY ADMINISTRATOR
COUNTY ADMINISTRATOR
CERTIFIED--RETURN RECEIPT REQUESTED
Richard Ambrose, City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94566
Dear Rich:
Subject: BOOKING FEE INVOICES
As you know, SB 2557, signed by the Governor on July 31 , 1990, allows the
County to charge a city, special district, school district, community college
district, college or university for expenses incurred by the county for
booking or other processing of persons arrested on or after July 1 , 1990.
Enclosed are invoices for the County' s cost of booking prisoners arrested by
your law enforcement agency for the months of July, 1990 through February,
1991 . Bills for subsequent months will be mailed on or about the 10th of each
month for the previous month' s activity.
Questions regarding specific booking charges should be addressed, in writing,
to: Commanding Officer, Alameda County Jail—Santa Rita, 5325 Broder
Boulevard, Dublin, CA 94568. However, the full amount of each invoice
remains payable within 30 days of receipt by your agency. Should questioned
costs be determined not chargeable, adjustments will be made to future
invoices.
Pursuant to the Government Code Section 907, this letter constitutes 30 days
written notice that the County may collect any delinquent amounts due for
services rendered by withholding those amounts from any revenues owed to your
jurisdiction.
Very truly yours,
Steven zala
County Administrator
SCS:JW:jw
Attachments
cc: Sheriff
County Counsel
Auditor-Controller
1221 OAK STREET SUITE 555 • OAKLAND,CALIFORNIA 94612 • (415)272-6984 Ey �i t;:[T
5938c FAX(415)272-3784
COUNTY OF ALAMEDA
INVOICE FOR JAIL BOOKING FEES
MONTH: JULY, 1990 THROUGH FEBRUARY, 1991
AGENCY: DUBLIN POLICE DEPARTMENT
TYPE COST PER BOOKING NUMBER BOOKED AMOUNT DUE
Partial Booking $ 89.85 32 $ 2,875.20
Full Booking 134.10 166 22,260.60
TOTAL AMOUNT DUE: $ 25,135.80
Please submit warrant payable to: Treasurer of Alameda County
c/o Alameda County Sheriff' s Department
5325 Broder Boulevard
Dublin, CA 94568
Attention: Accounting Technician
Payment of this invoice is due within 30 days of receipt.
Questions regarding specific booking charges should be addressed, in writing,
to:
Commanding Officer
Alameda County Jail—Santa Rita
5325 Broder Boulevard
Dublin, CA 94568
The full amount of this invoice remains payable within 30 days. Should
questioned bookings be determined not chargeable, adjustments will be made to
future invoices.
5925c
COUNTY OF ALAMEDA
INVOICE FOR JAIL BOOK-IN FEES
A!)ENCY: DUBLIN POLICE DEPARTMENT
PARTIAL AMOUNT FULL AMOUNT TOTAL
MONTH BOOK-INS PATE DUE BOOK-INS RATE DUR AMOUNT DUE
.11fly, 1990 0 89.85 0.00 25 134.10 3.352.50 3,352.50
Aueuet, 1990 0 89.85 0.00 27 134.10 3,620.70 3.620.70
September, 1990 0 89.85 0.00 37 134.10 4,961.70 4.961.70
October, 1990 32 89.85 2,875.20 0 134.10 0.00 2.875.20
November, 1990 0 89.85 0.00 23 134.10 3,084.30 3.084.3
December, 1990 0 89.85 0.00 14 134.10 1,877.40 1,877.40
January. 1991 0 89.85 0.00 19 134.10 2.547.90 2.547.90
February, 1991 0 89.85 0.00 21 134.10 2,816.10 2,816.10
TOTAL: 39 2.875.20 166 22,260.60 25,135.60
ODF41v-
444:0*0�'
_
C O U N T Y C O U tit E L
'FOURTH FLOOR. ADMIN1sTRAT1ON BUILDING, 1221 OAK STREET KEVINH-BOOTY,JFL
OAKLAND.CAUFORNIA94612•TELEPHONE(415)272-6700 FAX(415)VZ-S 20 COUNTY OUNSEL
Febramy 27, 1991
RECEIVED
IVfSiYQBIa AIj111�1P.7rn7P.'_ G Y A'i RNEY
Berkeley aty Attorney .
2180 -Miilvia Street
Berkeley,CaMmia 94704
Re: Alamrfa Couay Resolution No. R-31-45
Dear Mmuela:-.
'Me.Cotmty of Alameda agrees to waive any statute of limitations which would bar a sdt
fixed agate.thc:county. over SB 2557 from-ft dam of this-legs to April 30, 1991_ nb COL
does-not waive any stag of Iintirasions which.would be a bar-to a mir filed to the dMe-of this
letter. Trn-s.agreement to waive the state of limitations aQplies to all cities and rcdevekgm =
agencies withttr tare:County of Alameda-
This waiver wilt-allow us tim to disc'ass nary legat concerns the agencies may havc over
them impiemea>tauon of SE 2557. .
Very truly Yom,
KELVIN M BOOTY, JR-
County Counsel
. By � -
3 _ MAY,
Assistant County Counsel
F
JFM/pb
April 9, 1991 DRAFT
Mr. Patrick O'Connell, Auditor - Controller
County of Alameda Certified Mail
1221 Oak Street, Room 238 P
Oakland, CA 94612
RE: Dispute Notice - Invoice to City of Dublin for Jail Booking Fees
(July 1990 through February 1991 )
Received: March 12, 1991
Dear Mr. O'Connell:
The City of Dublin has received the Invoice referenced above dated March 8, 1991 ,
("the Invoice") from the County of Alameda. Please be .advised and put on notice that
the City of Dublin is filing this Notice of Dispute pursuant to Government Code
Section 907. The effect of this Notice is to prevent Alameda County from offsetting
any amount the City of Dublin allegedly owes the County from any funds Alameda County
owes the City of Dublin.
Without limiting other reasons of invalidation, the Invoice is invalid and of no force
and effect because the Invoice purports to apply to matters which took place prior to
the effective date of SB 2557, and because the booking fees encompass procedures which
are not applicable to arrested persons, as that term is used in the statute. The
invoice also contains certain technical errors and charges which are not attributable
to the City of Dublin. Further, the County's standards for booking fee charges are
vague, unclear, and arbitrary.
Although the County may withhold from the City revenues, such as our real property tax
revenues, owed to the City by the County when the County deems that an amount due for
services rendered is delinquent, the County is not entitled to withhold such revenues
where, as here, the City serves a dispute notice on the County. See Government Code
Section 907.
Please confirm in writing, so that the City may receive such confirmation within 15
days from the date of this letter, that the County will not withhold the disputed
Invoice amount. If the City does not receive such confirmation, the City will assume
the County will withhold such amount from the City's property tax revenues or from
other sources. In that event, the City will pursue all available remedies at law and
in equity to enforce and protect its rights.
Sincerely,
DRAFT
Richard C. Ambrose
City Manager
RCA:slh a:s48dislt.doc.agenda#4
cc: Steven Szalay, County Administrator, Certified Mail # P ® ®
Treasurer, c/o Sheriff's Dept. , Certified Mail # P L�•�