Explanation
BACKGROUND: This legislation authorizes the Director of Public Safety to enter into a grant agreement with the Ohio Attorney General, Bureau of Criminal Investigation (“BCI”), State of Ohio, to fund the provision of independent, professional, unbiased and prompt investigations following Critical Incidents. The agreement authorizes funding to help offset the significant costs necessary to perform Critical Incident Investigations. The funding for the initial phase of the agreement (October 28, 2024 through March 31, 2025) will be $1.00. Funding for the first optional renewal, which spans from April 1, 2025, to March 31, 2026, will be $350,000.00, due to BCI on or before April 1, 2025. Funding for the second optional renewal, which spans from April 1, 2026, to March 31, 2027, will be $495,000.00, due to BCI on or before April 1, 2026. Funding for these planned renewals will be legislated separately and will be subject to City Council approval, certification of funds by the City Auditor, and the agreement of both parties. The agreement will not automatically renew.
For the purposes of the agreement, a Critical Incident is defined as an incident where sworn personnel of the law enforcement agency (City of Columbus, Division of Police) discharge a firearm that results in physical harm to any person, or are involved in a use of force resulting in life-threatening injury or death that occurs as a result of persons being taken into custody, while in custody, or while being detained by sworn personnel. Critical incident does not include the shooting of an animal, training accidents, vehicle accidents, discharge of a firearm where no injuries occur, or incidents occurring at any correctional or detention facility
FISCAL IMPACT: This ordinance authorizes the expenditure of $1.00 from the General Fund for the first phase of the agreement. Funding is available within the Department of Public Safety’s General Fund Budget for this purpose.
Emergency Designation: This ordinance is being submitted as an emergency measure in order to ensure timely execution of this agreement.
Title
To authorize the Director of the Department of Public Safety to execute a grant agreement with the Ohio Attorney General, Bureau of Criminal Investigation, to support the continued provision of Critical Incident investigations; to authorize the expenditure of $1.00 from the General Fund for the initial phase of the agreement; and to declare an emergency. ($1.00).
Body
WHEREAS, it is the desire of the City of Columbus Division of Police to assure that an independent, professional, unbiased and prompt investigation occur after a Critical Incident; and
WHEREAS, the Ohio Attorney General, Bureau of Criminal Investigation (“BCI”), in certain circumstances, provides such investigative services to law enforcement agencies; and
WHEREAS, to assure that an independent, professional, unbiased and prompt investigation is always performed, the City of Columbus Division of Police desires that BCI perform investigations of Critical Incidents involving their sworn personnel; and
WHEREAS, it is thus the desire of the City of Columbus, Division of Police and BCI to enter into an agreement to set forth the terms under which BCI will perform such Critical Incident Investigations; and
WHEREAS, this ordinance authorizes the Director of Public Safety to enter into a grant agreement with the Ohio Attorney General’s Office, BCI and authorizes the expenditure of $1.00 for the first phase of the agreement; and
WHEREAS, the agreement provides for two optional one year renewals; and
WHEREAS, Funding for these planned renewals will be legislated separately and will be subject to City Council approval, certification of funds by the City Auditor, and the agreement of both parties. The agreement will not automatically renew; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Safety, in that it is immediately necessary for the Director of Public Safety to into an agreement with the Ohio Attorney General’s Office, Bureau of Criminal Investigation (BCI) to help offset the significant costs to perform Critical Incident Investigations, for the immediate preservation of the public health, peace, property, and safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Public Safety is hereby authorized to enter into a grant agreement with the Ohio Attorney General, Bureau of Criminal Investigation for the purpose of assuring that BCI provide an independent, professional, unbiased and prompt investigation of Columbus Division of Police sworn personnel following Critical Incidents.
SECTION 2. That the expenditure of $1.00, or so much thereof as may be needed, is hereby authorized within the General Fund per the account codes in the attachment to this ordinance.
SECTION 3. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated and the City Auditor shall establish such accounting codes as necessary.
SECTION 4. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance and to make any accounting changes necessary to ensure that this contract is properly accounted for and recorded accurately on the City's financial records.
SECTION 5. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.