Travis County Commissioners Court
August 10, 2004
Item 30
30. Consider and take appropriate action on request for interlocal cooperation agreement between Travis County and shady hollow municipal utility district for traffic enforcement services in precinct 3.
>> we might have caught a few. Folks off guard. [multiple voices]
>> we first need to know about changes to the backup that we have given?
>> judge, we made changes to the agreement that was included in your backup. And -- and I -- and I have done some -- some copies here that show the changes and some clean ones as well. I can pass those out.
>> would you, please? The first one that comes around will have the changes shown on it. Underline and strikeouts and underlines, then the second one is -- there were references to the sheriff's department, sheriff's office being one possible provider of these services under this agreement. I think that the backup, the memos in the backup, also, indicated that this agreement would allow either the sheriff's office or the constable for precinct 3 to provide these law enforcement services to the -- to the municipal utility district. We eliminated any reference to the sheriff's office, so now the contract simply provides that -- to the extent that law enforcement services are going to be provided, they will be provided by the constable precinct 3. We reinserted an indem indication, save and hold harmless provision that has been omit and we made a few other -- a few other -- I -- I updated it to include the -- the new numbers -- from p.b.o. With regard to this coming budget year for the cost of the personnel and -- and equipment, et cetera. A few other miscellaneous changes that I made. Some were typos, and -- and a couple of other provisions that I have -- that appeared in some of the other interlocals that we have that for some reason were not in this one, so I inserted them in this one.
>> okay.
>> one other, I知 sorry, one other. As originally drafted, and -- and as described in your backup, the -- the agreement was not supposed to take effect until January 1st, 2005. We changed that to make it effective October 1st, 2004. And for the term to run until September 30th, 2005, subject of course to the rights of either party to terminate it at any time between now and then. If there's a newly elected constable who takes office January one, does not like this agreement, that constable will be able to terminate this contract?
>> the new constable could terminate it immediate. The contract actually contains a provision that -- that -- that states that it -- that the constable retains -- supervisory command and control over -- over all of -- of his employees and also a provision that I didn't insert that -- that basically states that the contract should not be construed to constitute an illegal restraint upon or delegation of the authority of the constable with regard to the performance of his doubts and responsibilities under Texas law. Basically that retains. -- basically that retains the constables right to deploy the resources, the law enforcement personnel at his command in any way that he sees fit, which is his right under the constitution and laws and can't be contracted away. Yes, basically the new constable that takes office on January 1st will -- will -- can term the contract immediately if -- if -- if he does not want to continue with this relationship, in any event he would always have control, also would be required not with standing this contract, to deploy these personnel in the way the contract provides.
>> why is this contract necessary?
>> the contract is necessary because the -- because the traffic through shady hollow, as I知 sure you know on brodie lane is 10 times as much as it was and will certainly get worse and heavier as the northern hays county and southern southwest Travis County grow. The sheriff's department is already stretched thin. Just like everybody else, everybody has budget problems and can't just arbitrary expand their staphing, so we thought this we would help take care of ourselves out there.
>> this provides additional funding to Travis County for the constable to provide additional patrol services.
>> this was revenue positive. We are actually increasing the capabilities of the constable and providing information or funds to Travis County. For doing so.
>> does it really make any difference to you whether the patch says the constables office or if the patch says the Travis County sheriff's office?
>> no. Actually, the constable's office, we have been using them now for almost three years. On a part-time basis. I have forgotten how many hours a week.
>> chief deputy precinct 3. It's an off duty job situation.
>> my question, I really feel very strongly, it's not the first time that i've expressed this from this dais, I think law enforcement activities need to be happening with the Travis County sheriff's office. I think those are the law enforcement folks that are -- that are more properly equipped to do this, and that is their number one job and so when I知 looking in here in terms of things about -- about traffic stops, follow-up investigation, filing of affidavits and complaints, that to me is the job of the Travis County sheriff's office, quite frankly. And there isn't such a thing as a routine traffic stop. I would like to have, if we do consider this contract for this to be with the sheriff's office. I think they would have a greater flexibility that if somebody is out or if somebody has to be in court, that they can have more people in terms of that pool, in terms of fulfilling this, where I see this as a drain on the constable's office, i've had a lot of issues in terms of constables wanting to be sheriff's deputies. I think sheriff's deputies need to be sheriff's deputies.
>> maybe we can get the sheriff's department to do this.
>> that's where I want to go. [laughter]
>> I don't want to put it on a constable who may or may not share the same feelings as the current one does about what their primary duty and responsibility is.
>> that's their privilege. They can terminate the contract --
>> I don't want to put you guys through that. I think you guys outing to depend on a service -- ought to depend on a service provider. Our sheriff office does this.
>> may I say one more thing? By using the constables office there are five precincts in Travis County. We are tapping a larger pool of manpower. Many of these people have many years of experience as city police officers and deputy sheriffs. So I think there's -- that there's a larger pool of manpower there to get our patrols done. Go ahead.
>> I think we have several hundred folks at least.
>> mike, can we get the sheriff to beef up patrol out here and help out [multiple voices]
>> you have more people than the constable in precinct 3. I知 shocked.
>> no we do not. It's -- to really address the issue that's before you today, one -- several points that I should probably make. We certainly do contract with different entities that you are all aware of, ranging from cities to school districts. My understanding from the current proposal before you, it is to utilize existing constable staff to do this. And that is something that the sheriff's office would have to look at in all of our other arrangements we typically use the revenue then to hire dedicated staff to do that. This proposal is a little different from that in that it is proposing to use a staff person that I understand is a bailiff, will be moving to a different assignment with the opening of a new building. We would not be placed in that situation. They would have to consider that -- that where we to be the provider for services in the contract. Given the magnitude. If you are talking just a few hours a week, that would be different from a full-time job. Certainly. We may have some issues and having not seen the final copy of this before you currently, on pricing. I noticed from the original one that -- that the dollars that we are currently using for the contract are slightly different from those. I won't speak on behalf of the current sheriff. But I will say that my understanding we could certainly consider it and -- and review the -- any proposal that was made by shade dough hollow or -- shady hollow. Do you have -- [indiscernible] patrol services provided by the Austin police department, some are provided by the Travis County sheriff's office. And we again as they try to cover their area, with their tax dollars, we certainly try to cover ours with our tax dollars.
>> I知 not going to support any new contracts that get the constables into the business of law enforcement, which I think properly belongs to the Travis County sheriff's office.
>> do we need to give you all an opportunity to talk further?
>> tcs is going to be called in anyway if it's something really big.
>> I think Commissioner Daugherty do you have a question for us?
>> you are gary?
>> yes, sir, I知 gary black, president of the m.u.d.
>> gary, are you happy? With the contract that -- [multiple voices]
>> yes, sir. They have done a great job.
>> then you know what, as the precinct 3 Commissioner, if you are happy, with the service that you have gotten from the constable, I mean I think that this contract reads perfectly well and with -- with regards to whoever comes on January 1st, if they elect not to do it, they don't do it. Maybe that is the sheriff's by, I mean,, you know, what this is getting to be more than what it really is. You are the home owner president. You all are happy with the service that you get from the constable. I think that the constable's office is quite capable of taking on all of the duties that you all need to have done if you weren't happy with it, I agree with Karen, I would say well let's go to the sheriff's office.
>> actually, I知 president of the m.u.d. And past president of the homeowners association.
>> okay.
>> but you speak for the organization and if you are happy, I don't see a problem. Karen, I know that you have got an issue with this. But you know what? I wouldn't come to precinct 2 and tell you that I知 not happy with something that you have done. I mean, if the other people that get elected, whoever gets elected in January, if they want to drop this thing, want to have nothing to do with it, then we talk to the sheriff's department, that's fine with me. I think we are making more out of this thing than what we -- there really is. You all are happy with the service, let's click along.
>> I guess my sensitivity is with all due respect there's no such thing as routine traffic stops. And I come from this from the perspective of having arrived probably 15 minutes after a Travis County sheriff's officer on a routine traffic stop wound up getting a bullet through his chest. And that is something that will be em blazed in my brain until I die. I知 not going there.
>> that's fine. I understand that. We all can sit up here and give heinous reasons or -- or fact finding instances where -- I知 sincerely sorry that you feel that way, Karen, I would probably feel the same way. It doesn't make any difference whether that person was a constable or a Travis County sheriff's officer, what happened to them happened to them, god forbid anything like that happens to anybody else. But the truth of the matter is what we are basically needing out here is traffic -- I mean it's not like we are looking for the cia to come out here and get into more than what we are really looking for. You all really want traffic control. You want presence and I will tell you that presence with law enforcement, they don't know whether you are a constable, a Travis County sheriff, all they know is that your law enforcement because you have one of those cars that looks like law enforcement that gets everybody's attention.
>> actually, there's -- another big part of this job besides keeping -- taking care of our m.u.d. Property and -- and the homeowners out there is contact with the children. That live in shady hollow. That's been one of their big pluses, they have made the effort to get to know the kids. It's really helped put vandalism by teenagers.
>> it's obvious that you are happy with what you have. If you weren't happy I would be on Karen's side saying let's change something. You are here to say hey we're ready to sign the contract, we have the ability to get out of it, whoever new comes in January, we can do it.
>> the other thing is this has been initiated --
>> pardon.
>> this has been an issue for a long time.
>> yes, it has.
>> the other thing is that a whole lot of -- of neighborhoods where we are asked to provide additional patrols we try to. But in this one case at least they stepped forward with a little additional revenue to try to help out. My only recommendation would be if we try this for six months, it's not working, just let us know. Assuming that it passes today. If it doesn't let us know that, too. But I appreciate you stepping up to the plate and bringing additional revenue to try to help us get this done.
>> you bet. So do i. I would move -- I知 sorry.
>> I have one question. By doing this job, stacy, is it taking away any of your time from working the civil and the criminal papers that are issued to you by the j.p.?
>> no. We -- we still have the same number of people working civil that we always have. Basically where we do see one of the persons in our warrant division, that has been basically been -- been assigned as bailiff over at -- over on manchaca, we will switch over and do shady hollow.
>> but -- [multiple voices] covering the j.p. Because --
>> yeah, yeah. We are going to cover the j.p. Basically what has happened with warrants is with -- with omni and there's -- afoot to do a private collection contract, I believe with one of the j.p.'s, I think ours, is we have come much -- become much more efficient as how we do our warrant collection. You can look at our numbers of revenue since 2000, what it is now. How much a warrant -- our warrant revenue is going up. I wouldn't be advocating that -- that, you know -- having [indiscernible] estimates for warrants if I thought resigning this -- this contract bringing another $69,000 of annual income would hurt us revenue wise. I wouldn't be making this if it didn't make financial sense.
>> the other thing is do want to make sure that we respect the wishes of the incoming constable and how he -- I think there are -- it's going to be a male, right? Any way you look at it. We read knead to respect what his wishes are in terms of operating that office. That he will be elected to.
>>
>> absolutely.
>> [one moment please for change in captioners]
>>
>> in other words, what's good for the goose is good for the gander. Meaning neighborhood protection and neighborhood integrity, I don't care where it is in Travis County, it ought to be respected.
>> that's right.
>> we just -- the last item here, a good example. Not good enough for the east side, but for the west side of trying to get the things you need to deal with your neighborhood situation. You need some protection out there and by god I知 going to vote to support that that protection take place. I知 not going to make any qualms about it. I know it's needed. And whenever Commissioner Daugherty makes his motion, I would like to second it and let you guys know that -- I知 going to try to be consistent across the board when it comes to neighborhood and I don't care where they are. That's why I ask you whether you were the president because I don't see 500 other people other than you.
>> they sent me.
>> I understand. I understand. But I just want people to be in consist tpheupbt the way we vote -- consistent in the way we do stuff. You tell them Commissioner Davis seconded it.
>> I will. We also want to thank you for stopping the heavy trucks on brodie. That's helped a lot.
>> well, thank you.
>> Commissioner Daugherty?
>> I move approval of the request for the interlocal agreement.
>> Commissioner Davis?
>> second.
>> I would like to try a substitute motion. Take another week and we work up a contract for us to choose between the sheriff's office and constable 3 because there is going to be a complete turn-around in personnel not just the constable but throughout that office come January 1st. So you are going to get some changing relationships anyway come January 1st, and I just want the full range of options to be out there related to this court considering it.
>> so the motion is --
>> to take another week and to give us a contract that allows the exact same thing to occur, but it would be the Travis County sheriff's office providing the law enforcement contract and services with the m.u.d.
>> is there a second?
>> second.
>> seconded by Commissioner Gomez. So the contract would have either the constable or the sheriff's office.
>> correct. That way it truly is in there already that it's one or the other, and then I can go there if it's a dual choice in the contract. But I have real issues when there's a sole source, then we've got problems come January 1st.
>> is okay for the sheriff's office to be listed?
>> we kind of may be back to square one a little bit. That's kind of the way it started. And we are in a very similar situation, as long as the understanding the new chef would have the right to terminate said agreement. I certainly can't speak for -- I can approach the current sheriff.
>> shall we vote on the substitute motion which is to have either/or.
>> we're trying to get you [indiscernible].
>> how about the cost? Would the cost be the same for both?
>> I couldn't speak. I know what our current contract talks.
>> [inaudible]. All in favor of the motion to approve the substitute? Commissioner Gomez and Commissioner Sonleitner. Those opposed? Commissioners Davis, Daugherty, yours truly votes against. The original motion is to approve the contract before us which is with the precinct 3 constable providing for the new constable to change his mind if he deems necessary. Any more discussion of the original motion? All in favor? Show Commissioners Daugherty, Davis and yours truly voting in favor. Voting against show Commissioner Sonleitner and Commissioner Gomez. Thank you all very much.
>> thank you.
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Last Modified:
Friday, October 28, 2005 9:09 AM