Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  11-001281

 

MEETING DATE:

08/09/11

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

County Executive Office   (Approved)

Department contact person(s):

Rob Richardson (714) 834-3481 

 

 

Michelle Aguirre (714) 834-4104

 

 

Subject:  Agreements for OIR  Director & Investigations

 

      ceo Concur

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: $259,150

Annual Cost: FY 12-13:  $310,980
FY 13-14:  $310,980

 

 

 

    Staffing Impact: No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

    Funding Source: General Fund 100%

 

    Prior Board Action: 2/26/08#59; 8/5/28 #21; 10/7/08 #35; 12/9/08 #25; 11/9/10 #37

 

RECOMMENDED ACTION(S):

 

 

1.

Approve Agreement between County of Orange and Stephen Connolly as Executive Director for the Office of Independent Review for the period September 1, 2011 through June 30, 2014 for $210,000 per year plus County Executive Manager car allowance subject to continuing appropriations by the Board of Supervisors.

 

2.

Approve Agreement between County of Orange and John W. Harris as Investigations Analyst for the Office of Independent Review for the period September 1, 2011 through June 30, 2014 for $91,800 per year subject to continuing appropriations by the Board of Supervisors

 

3.

Direct the Auditor-Controller to encumber funds in the amount of $182,650 for the Executive Director Agreement for Fiscal Year 2011-12.

 

4.

Direct the Auditor-Controller to encumber funds in the amount of $76,500 for the Investigations Analyst Agreement for Fiscal Year 2011-12.

 

 

 

 

SUMMARY:

 

Approve Agreement between County of Orange and Stephen Connolly as Executive Director for the Office of Independent Review for the period September 1, 2011 through August 31, 2014 for $210,000 per year, plus County Executive Manager car allowance.

 

Approve Agreement between County of Orange and John W. Harris as Investigations Analyst for the Office of Independent Review for the period September 1, 2011 through August 31, 2014 for $91,800 per year.

 

 

 

BACKGROUND INFORMATION:

 

On February 26, 2008 the Board adopted codified County Ordinance 08-004 establishing an Office of Independent Review (OIR).  The purpose of the OIR is to monitor, assist, oversee and advise the Orange County Sheriff-Coroner in the investigation of:  (1) selected internal and citizen complaints in which it is alleged that peace officers and custodial officers employed by the County in the Sheriff-Coroner Department committed certain actions or inactions in the performance of their duties; and (2) selected incidents of death or serious injury occurring to persons while in the custody of employees of the Sheriff-Coroner Department.

 

On August 5, 2008 the Board of Supervisors approved the Special Legal Services agreement with Stephen Connolly as Executive Director of the OIR for the term of September 1, 2008 through August 31, 2011.  At this time, approval of an agreement is requested between the County of Orange and Stephen Connolly for Executive Director services for the period September 1, 2011 through June 30, 2014 at a cost of $210,000 per year plus $9,180 per year County Executive Manager car allowance.  The prorated cost for FY 2011-12 is $182,650.  The agreement also allows for reimbursement of actual and necessary expenditures consistent with the terms of the agreement.

 

Either Mr. Connolly, or the County may cancel or terminate the Agreement, for any reason, by giving the other party 30 days written notice of such termination.  The term of the agreement may be renewed at the sole and exclusive discretion of the Board of Supervisors.  In the event that the County or Executive Director terminates the Agreement prior to the end of the term, Connolly shall be paid the lesser of three months prorated Annual Compensation Amount or the prorated Annual Compensation Amount payable for the remainder of the term of the agreement.

 

On October 7, 2008, your honorable Board approved the Operational Plan for the Office of Independent Review (OIR) including the hiring of an independent Investigations Analyst.  On December 9, 2008 the Board of Supervisors approved the agreement with John W. Harris as Investigations Analyst for the term of December 16, 2008 through August 31, 2011.  At this time, the OIR requests approval of an agreement between the County of Orange and John W. Harris for Investigations Analyst services for the period September 1, 2011 through June 30, 2014 at a cost of $91,800 per year (which includes compensation for projected expenses related to the use by Mr. Harris of his personal vehicle for OIR business).  The prorated cost for FY 2011-12 is $76,500.  The agreement also allows for reimbursement of actual and necessary expenditures consistent with the terms of the agreement, and apart from mileage and costs related to personal vehicle use.

 

Either Mr. Harris, or the County, or the Executive Director on behalf of OIR, may cancel or terminate the Agreement, for any reason, by giving the other party 30 days written notice of such termination.  The term of the agreement may be renewed at the sole and exclusive discretion of the Board of Supervisors.  In the event that the County or Executive Director terminates the Agreement prior to the end of the term, Mr. Harris shall be paid the lesser of two months prorated Annual Compensation Amount or the prorated Annual Compensation Amount payable for the remainder of the term of the agreement.

 

 

 

FINANCIAL IMPACT:

 

N/A

 

STAFFING IMPACT:

 

N/A

 

EXHIBIT(S):

 

1.  Contract - OIR Exec Director
2.  Redline Contract OIR Director
3.  Contract - Investigations Analyst
4.  Redline Contract Investigations Analyst