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HomeMy WebLinkAboutReso 1980-10336 IV ~ RESOLUTION NO. 10336 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING JOINT POWERS AGREEMENT FOR THE CONTINUATION OF AUTOMATED REGIONAL JUSTICE SYSTEM (ARJIS) The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve that certain Joint Powers Agreement for the continuation of Automated Regional Justice System (ARJIS), dated the 25th day of November , 1980, a copy of which is attached_hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by ~ "?r City. Attorney George D. Lindberg, ADOPTED AND APPROVED CHULA VISTA, CALIFORNIA, this 198 0 , by the following vote, by the CITY 25th day of to-wit: COUNCIL of the CITY OF November AYES: Councilmen Hyde, Cox, McCand1iss, Scott, Gi110w NAYES: Councilmen None ABSENT: Councilmen None A"'cf~:Jrai/~ City Clerk &J~ ~(M Mayor of the City of Chula Vista STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk JOINT POWERS AGREEMENT AU'IOMATED REGIONAL JUSTICE INFDRMATION SYSTEM JOINT POWERS AGENCY THIS AGREEMENT is made among those Public Agencies named belCM which execute this Agreement. RECITALS WHEREAS, grant agreement #A-2469-5-A-79 with the State Office of Criminal Justice Planning for the development of the Automated Regional Justice Information System terminates on December 31, 1980; and villEREAS, Public Agencies realize that there is a need for continued operation, maintenance, enhancement and implementation of the Automated Regional Justice Information System in order to provide improved law enforcement capabilities to the San Diego region by an effective and efficient use of electronic data processing technology capabilities; and WHEREAS, Public Agencies believe that the joint exercise of their powers will provide an agency capable of continuing the operation, maintenance and implementation of the Automated Regional Justice Information System, Nail THEREFDRE, in consideration of the recitals and the mutual obli- gations of the parties as herein expressed, Public Agencies agree as follCMs: 1. Definitions The follCMing terms shall have the meanings ascribed to them within this section unless the content of their use dictates otherwise: (a) "Contract Agency" shall mean any authorized agency who enters into a contract with the Automated Regional Justice Information System Joint Powers Agency to access the Automated Regional Justice Information System. (b) "Ex-officio Agency" shall mean those agencies other than general purpose local governments as defined in Section 6500 of the Government Code who conduct law enforcement activities and general purpose local governments outside San Diego County who are at any given time a party to this Agreement. (c) "Fiscal Year" shall mean that year beginning July 1, and ending June 30. (d) "Member Agencies" shall mean those units of general purpose local government, within the County of San Diego, who are at any time a party to this Agreement. (e) "Population" of any 11ember Agency shall mean that population last determined for each Member Agency as certified by the State Department of f' 6 -, -., - / _/{?-J3 Finance as of January 1, of each year, or if no certification has been made, the last Federal Decennial Census, except that the population of the County of San Diego shall be that population determined in the same manner for the unincor]XJrated area of the County. The population of the region shall be that population determined by adding the population of each Member Agency. 2. Establishment of the ARJIS Joint Powers Agency 'Ihere is hereby created an agency to be known and denominated as the Auto- mated Regional Justice Information System Joint Powers Agency (ARJIS) which shall be a public entity separate and apart from any Member or Ex-officio Agency. ARJIS shall be governed by the terms of this Joint Powers Agreement and any bylaws passed and adopted by the governing board. 3 . Purpose of Agency 'Ihe specific and primary pUr]XJse for which this agency is created is to assist Member Agencies by providing and continuing the operation, mainte- nance, enhancement and implementation of those telecommunication features initiated under the State Office of Criminal Justice grant agreement #A-2469-5-A-79. In addition, this agency may pursue development of other computerized systems to meet law enforcement needs and requirements in the region. 4. Powers of ARJIS Board of Directors As may be necessary for the accomplishment of the pUr]XJses of this Agree- ment, ARJIS shall have the power, in its own name, to make and enter into contracts; to employ agents and employees; to provide for employee retirement, health and welfare benefits; to acquire, hold and dispose of property, real and personal; to sue and be sued in its own name; to hire legal counsel and to incur debts, liabilities or obligations. However, the debts, liabilities and obligations of ARJIS shall not constitute any debt, liability or obligation of any of the Member or Ex-officio Agencies which are parties to this Agreement. The Treasury of the City of San Diego shall be the depository of funds of ARJIS and the Treasurer of the City of San Diego shall be the ex-officio Treasurer of ARJIS. The Auditor/Comptroller of the City of San Diego shall be the ex-officio Auditor/Comptroller of ARJIS and shall draw warrants or check-warrants against the funds of ARJIS in the Treasury when the demands are approved by the Board of Directors, or such other persons as may be specifically designated for that pUr]XJse in the bylaws. Said Auditor/Comptroller and Treasurer shall canply with all duties imposed under Article 1, Chapter 5, Division 7, Title I, of the California Government Code commencing with Section 6500. The City of San Diego shall determine reasonable charges to be made against ARJIS for the services of the Treasurer and AUditor/Comptroller. At the end of each fiscal year there shall be an audit conducted by an independent, accredited certified public accountant. 5. Accounts and Reports The Auditor/Comptroller of ARJIS shall establish and maintain such funds and accounts as may be required by good accounting practice or bylaws passed and adopted by this Agency. 'Ihe books and records of ARJIS in the hands of the /0336 2 Auditor/Comptroller shall be open to inspection at all reasonable times by representatives of the Member and Ex-officio Agencies. The Auditor/Comptroller of ARJIS,within 120 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Member and Ex-officio Agencies. Said financial report shall be accompanied by a financial/compliance opinion by an independent, accredited certified public accountant. 6. Funds The Treasurer of ARJIS shall receive, have the custody of and disburse ARJIS funds upon the warrant or check-warrant of the Auditor/Comptroller {i} pursuant to the accounting procedures developed under Section 5 hereof, and {ii} as nearly as possible in accordance with normal City of San Diego pro- cedures, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. The Treasurer of ARJIS may invest ARJIS funds in accordance with general law. All interest collected on ARJIS funds shall be accounted for and posted to the account of such funds. 7. Governing Board of ARJIS All powers of the Agency shall be exercised by the Board of Directors. The Board of Directors shall be composed of one primary representative selected by the governing body of each Member Agency to serve until recalled by the governing body of said Member Agency. Each Member Agency director must be a mayor, councilperson, or supervisor of the governing body which selected him/her, or other appropriate elected official selected by the governing body. vacancies shall be filled in the same manner as originally selected. Each Member Agency shall also select in the same manner as the primary representa- tive one alternate to serve on the Board of Directors when the primary repre- sentative is not available. Such alternate shall be subject to the same restrictions and have the same powers, when serving on the Board of Directors, as the primary representative. At its discretion, each Member Agency may select a second alternate, in the same manner as the primary representative, to serve on the Board of Directors in the event that neither the primary representative nor the regular alternate is able to attend a meeting of the Board of Directors. Such al ternate shall be subject to the same restrictions and have the same powers, when serving on the Board of Directors, as the primary representative. The Board of Directors may at any time authorize other agencies as defined in Section 6500 of the C,overnment Code which conduct law enforcement activities {hereinafter referred to as "Ex-officio Agencies"} to join the Board of Directors. Each Ex-officio Agency shall be allowed to vote in accordance with the provisions of Section 8. The Ex-officio Agency shall designate a primary representative and alternate. The United States Department of Justice and the Attorney General of the State of California may join as charter Ex-officio members, or at any later time become Ex-officio members by executing this Agreement. /633 b 3 The Board of Directors may allow for the appointment of advisory repre- sentatives to sit with the Board of Directors, but in no event shall said representatives be allowed a vote. Each director, or designated alternate acting in a director's absence, may receive reimbursement from the ARJIS for out-of-pocket and travel ex- penses incurred by such director or alternate on approved agency business. Except where prohibited by the charter, or any ordinance, rule, regulation, or policy of a Member Agency, each Member Agency director, or designated alternate acting in a Member Agency director's absence, shall also receive compensation, as determined by the Board, for each Board meeting attended. 8. Vote of Board of Directors (a) The Board of Directors shall vote on all items on the basis of one vote per Member and Ex-officio Agency, except that if representatives of three Member Agencies request a weighted vote after voting on any particular item, then in that event a new weighted vote which will be final and binding, shall be taken. Ex-officio Agencies shall not have a weighted vote. (b) When the weighted vote is taken there shall be a total of one hundred votes, except additional votes shall be allowed pursuant to Section 19. The representatives of the Member Agencies shall be entitled to 100 votes, with each representative having that number of votes determined by the following apportionment formula, provided that each Member Agency shall have at least one vote, and there shall be no fractional vote: 1. Determine each Member Agency's population. 2. 'Ibtal the population determined in step 1 and compute percentage of this total that each Member Agency has. 3. Boost fractions that are less than one to one; add the whole numbers. 4. If the answer to step 3 is 100, drop all fractions and the whole numbers are the votes for each Member Agency. 5. If the answer to step 3 is less than 100, the remammg vote(s) is allocated one each to that Member Agency(s) having the highest fraction(s) excepting those whose vote was increased to one (1) in step 3 above. 6. If the answer to step 3 is more than 100, the excess vote(s) is taken one each from that Member Agency(s) with the lowest fraction(s). In no case may a vote be reduced to less than one. 7. Cities which contract with the County of San Diego for law enforce- ment services to be provided by the Sheriff shall be included in the computation of the weighted vote whether or not the city is a Member Agency. If said city is not a Member Agency, its weighted vote shall be added to the County total. /6356 4 (c) When the weighted vote is taken, the vote of not less than five (5) Member Agencies, representing not less than fifty-one percent (51%) of the total weighted vote of the Member Agencies shall be required to supersede the original action. If the weighted vote fails, action determined by the original vote shall stand. The weighted vote shall be as follaws:* County of San Diego City of San Diego Del Mar San Marcos Imperial Beach Coronado Lemon Grove Carlsbad vista National City La Mesa Escondido Oceanside El Cajon Chula Vista 'IOI'AL 100 Votes and shall be recomputed in the above manner on July 1 of 1980 and every year thereafter. Upon the withdrawal of any Member Agency, the weighted vote shall not be recomputed but the total votes cast will be reduced by the weighted vote of the withdrawing Member Agency. 9. Meetings The Board of Directors shall conduct regular meetings at least quarterly during the year and such other times as the Board of Directors shall direct or the bylaws specify. 10. Bylaws The Board of Directors of ARJIS may adopt from time to time bylaws, rules and regulations as nlaY be required for the conduct of its meetings and the orderly operation of the Agency; and copies and amendments thereto shall be filed with each Member and Ex-officio Agency. 11. Chief Executive Officer The Board of Directors shall appoint a Chief Executive Officer who shall hold office until he/she r,esigns or is removed by the Board of Directors. The Chief Executive Officer shall have such duties as may be prescribed by the Board of Directors. The Chief Executive Officer shall have charge of all *TQ be determined December 1, 1980. /D 33/; 5 projects and property of the Agency and shall file with the Treasurer of ARJIS an official bond in the minimum amount of $100,000 or such larger amount as the Board of Directors specifies, guaranteeing faithful performance of his/her duties. 12. Financial (a) The Board of Directors shall approve a preliminary budget no later than April 1 of each year. The Board of Directors shall adopt a final budget no later than July 1 of each year. A copy of the preliminary budget when approved and a copy of the final budget when adopted shall be filed with each Member and Ex-officio Agency. (b) Responsibility for supplying funds for that portion of the budget for ARJIS which is to be supplied by the Member Agencies for operation, mainte- nance, enhancement and implementation of the system as adopted by the Board of Directors, shall be divided among the Member Agencies based on their pop- ulation with such Member Agency including within its budget as funds to be supplied to ARJIS that sum of money determined by taking the ratio its pop- ulation bears to the total population of the region and multiplying it by that portion of the approved budget to be supplied by the Member Agencies. Payment of this determined sum of money shall be made by each Member Agency by July 15 of each year. If payment by a Member Agency has not been made by September 1, of each year, that Member Agency shall cease to be a participating member of ARJIS, and its representative shall no longer par- ticipate or vote as a member of the Board of Directors. A delinquent Member Agency will be reinstated to participating membership and its representative allowed to participate on the Board of Directors when full payment has been made, including interest computed from July 15 at the average interest earning rate as determined by the Ex-officio Treasurer. Ex-officio and Contract Agencies shall make payment of this determined sum in accordance with the provisions of the contract between ARJIS and the Ex-officio or Contract Agency. All Ex-officio and Contract Agencies who use the system shall be indi- vidually charged and pay to ARJIS a reasonable share of the total cost of operation, maintenance, enhancement and implementation of the system as de- termined by the Board of Directors. (c) Member Agencies, Ex-officio Agencies and Contract Agencies who access the computer shall be charged for computer time at a rate agreed to by the Board of Directors. (d) For the first half year of operation (January 1, 1981 to June 30, 1981), each Member Agency shall pay over to the Treasurer of ARJIS, no later than fifteen (15) days after the adoption of the budget for that time period by the Board of Directors, its share of that portion of the approved budget to be paid by Member Agencies. 13. Ralph M. Brown Act All meetings of ARJIS, including without limitation regular, adjourned regular, and special meetings of the Board of Directors, meetings of the I {)5 36 6 Management Committee, Budget and Program Review Committee, Users Committee, and all other standing committees, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code). 14. Quorum A majority of the voting members of the Board of Directors of ARJIS shall constitute a quorum for the transaction of business. In determining a quorum, the weighted vote shall not be used. 15. Procedures to be Followed Pursuant to Government Code Section 6509, which requires that the powers of ARJIS be limited by the legal restrictions placed upon a named Member Agency, the powers of ARJIS delineated under Section 4, above, shall be subject to those legal restrictions imposed upon the City of La Mesa by the Constitution of the State of California and the laws governing general law cities. The Board of Directors shall adopt administrative regulations establishing the procedures and policies for directing and approving change orders which at a minimum shall require that any user request for changes in the program or priorities established by the Board of Directors shall require Board of Directors approval. 16. Duration of Aqreement This Agreement shall continue in full force and effect until Member Agencies representing more than 50% of the population of the region withdraw from this Agency by resolution. 17. Disposition of Assets Upon Termination Upon termination of this Agreement any money or assets in possession of the Agency after the payment of all liabilities, costs, expenses and charges validly incurred under this Agreement shall be returned to the /1ember Agencies in proportion to their contributions determined as of the time of termination. 18 . Effective Date of Aqreement This Agreement shall become effective for all purposes at 12:01 a.m. December 1, 1980, if by that time such agreement has been executed by Member Agencies representing at least 50% of the population of the region. If the Agreement becomes effective, the Board of Directors shall meet on December 15, 1980 for the limited purposes of permitting the Board of Directors to adopt a budget for the period January 1, 1981 to June 30, 1981, to make and enter into contracts, to employ agents and employees, to provide for employee retirement, health and welfare benefits, to adopt an administrative manual (including purchasing, personnel and budgetary/accounting procedures), to acquire property, to adopt bylaws and regulations and to incur such debts, liabilities or obligations as may be necessary, such actions to become effective no earlier than January 1, 1981, so that the ARJIS .Joint Powers Agency provided for herein may become fully operative on January 1, 1981. 103 '36 7 19. Later Participating Member Agencies Any San Diego County incorporated city which incorporates after December 1, 1980, which may desire to participate in the activities of ARJIS may do so by executing this Agreement without prior approval or ratification of the Member Agencies and shall be bound by the terms of this Agreement as of the date of execution. The County of San Diego, and the cities in the County which are in=rporated on December 1, 1980, who do not execute this Agreement by December 1, 1980 which may desire to participate in the activities of ARJIS may do so by executing this agreement without prior approval or ratification of the existing Member Agencies and paying an initial membership charge which may be established and required by the Board of Directors to offset a portion of the initial start-up costs paid by the Charter Member Agencies, and shall be bound by the terms of this Agreement as of the date of execution. Said membership charge shall not be required of cities who as of December 1, 1980, contract with the County of San Diego for law enforcement services, and becone a Member Agency after December 1, 1980. Any later participating Member Agency shall receive one (1) vote under the single vote procedure and one (1) vote under the weighted voting procedure specified above until the next recomputation of the weighted vote as specified in Section 8 above, at which time said later participating Member Agency shall receive votes in accordance with the formula specified in said Section 8. Until such recomputation, the total weighted vote may exceed 100. 20. Agreement Repository A fully executed copy of this Joint Powers Agreement and any amendments thereto shall be filed with the authorized representative of each Member and Ex-officio Agency. 21. Compliance In order to protect the privacy of individuals as set-forth in Section 1 of Article I of the Constitution of California and in the United States Constitution, the maintenance and dissemination of the information in the ARJIS system shall be undertaken in compliance with Federal and State laws and regulations includ- ing the Information Practices Act of 1977 (commencing with Section 1798 of the California Civil Code). An appropriate agency as determined by the Board of Directors shall conduct an annual certification of the information to assure compliance. 22. Amendments Proposed amendments may be originated by Member and Ex-officio Agencies or any member of the Board of Directors. Amendments to this Agreement shall require the vote of two thirds (2/3) of the Member Agencies who are members of ARJIS at the time the amendment is proposed. IN WITNESS WHEREOF, each of the following Public Agencies has caused this Joint Powers Agreement to be executed by having affixed thereto the signatures of the agent of said Agency authorized therefor by the legislative body of that Agency. 8 103 Jb BOARD OF DIRECTORS DATE: October 27, 1980 AGENDA REPORT No.: f. AllTCWiTED RffiICNAL JUSTICE INFORMATICN SYSTEM JOINr ro\lERS AGREEMENr At the September 22 meeting of the Board of Directors, the Board considered the recommendations of the ARJIS Joint Powers Agency Committee to approve the attached Joint Powers Agreement establishing the ARJIS Joint Powers Agency for distribution to the cities and county for their approval and execution. The Board directed that the Joint Powers Agreement and Bylaws be forwarded to the Councils and Board with a request that the Councilor Board take a formal position on whether or not they would support establishment of the new ARJIS Joint Powers Agency asiper the attached documents, or either of two other alternative implementation structures raised by the Board. The two other alternatives discussed by the Board would be to have cm continue its present responsibility for the ARJIS program after the termination of the ARJIS federal grant in December either (1) by amending the CFO Joint Powers Agreement (which would require unanimous agreement of all cm member agencies) and Bylaws to include provisions for allowing voting and participation by any city or county who is not a CFO member agency on ARJIS matters and to include others items fran the attached ARJIS JPA which are desired, or (2) by having CFO continue its responsibility for the program without amending the JPA and have any city or county who is not a member of cm contract with cm for use of the ARJIS system. The CFO Bylaws would be amended in both cases to reflect the ARJIS Committee structure and to reflect other necessary related changes. As of this date, the cities and the County who have reviewed the alternatives have recommended as follows: o Support JPA EI Cajon La Mesa Lemon Grove o Support Alternative 2 Oceanside Vista o Other County Coronado o San Harcos has chosen to take no formal action. The recommendation of the ARJIS Committee is attached to this report (Agenda ~ e. of September 22, 1980) for ~our consideration. RICHARD ;. HUFF ~ Executive Director COMPREHENSIVE PLANNING ORGANIZATION OF THE SAN DIEGO REGION j (J35 b ~ T" BOARD OF DIRECTORS DATE: September 22, 1980 AGENDA REPORT No,: e . AlJI'CMATED REGIONAL JUSTICE INFDRMATION SYSTEM JOINT IDWERS ?GENCY: CXM1ITTEE REPORI' The ARJIS JPA Committee (whose members are the members of the CPO Executive Committee) have over the last three months been meeting for the purpose of developing a Joint Powers Agreement and Bylaws establishing the ARJIS Joint Powers Agency as directed by the Board of Directors in June. The draft JPA and Bylaws have been reviewed by City Managers and the County Chief Administrative Officer, Police Chiefs and the Sheriff, City Attorneys and County Counsel, and have been distributed to all Mayors, City Council- persons, and Supervisors. All comments received by them have been reviewed by the Committee and where appropriate incorporated into the documents. A summary of reviewers comments and responses to them are attached to this report. In summary, the major provisions of the JPA and Bylaws are as follows: 1. Purpose - To assist member agencies by providing and continuing the oper- ation, maintenance, enhancement and implementation of those ARJIS tele- camnunications features initiateCl under the prior LEAA grant. 2. Membership - Member Agencies are the local general purpose government agencies who join. Each will have one regular vote and a weighted vote based on POPUlation. The Board members will be elected officials. Ex- officio Agencies will be the U.S. Department of Justice and the State Attorney General who have one regular vote and no weighted vote. 3. The JPA will be effective if, by December 1, 1980, it is approved by Member Agencies representing at least 50% of the population of the region. Committees - Standing committees will be the Management Committee oom- 1110/<" posed of Police Chiefs and the Sheriff; the Budget and Program Review Committee cauposed of City Managers and the CAO; and the Users Canmittee composed of members of law enforcement agencies who actually operate the system in their jurisdictions. Financing - Two fees would be paid by all members and other users of the i'/" system: a fee for the operation, maintenance and enhancement of the system 6 K (based on population for Member Agencies and set by the Board for others) and a fee for actual costs of computer time. 4. 5. Staff/Administration - The ARJIS Board may contract with an appropriate agency for any necessary administrative staff, including on an as-needed 1/ G basis an executive officer. The Board vlill contract with San Diego Data .. () "- Processing Corporation (or other entity) to provide the necessary staff and computer equipment to maintain and operate the system. /O'~"3b COMPREHENSIVE PLANNING ORGANIZATION OF THE SAN DIEGO REGION ~ Page 2 6. Other Users - ARJIS is authorized to oontract with and charge all appro- priate non-rnember agencies which desire to use the system a reasonable share of the total =st of operation, maintenance and enhancement of the system. 7. Budget - A preliminary budget will be required to be approved by April 1 of each year, and a final budget by July 1. 8. Dissolution - Will occur upon withdrawal of agencies representing more than 50% of the population of the region. 'I11e ARJIS JPA Ccmnittee discussed two alternatives to the JPA a~roach in the course of reviewing comments on the preliminary draft JPA. 'One alternative was to have CPO continue its present responsibility for the ARJ S program after the December 1, 1980 termination of the ARJIS federal grant. 'I11is alternative was felt to be less desirable than a new JPA specifically for ARJIS, which would allow participation in the program without direct participation in CpO." The second alternative was to have the City of San Diego resume responsibi1&ty for the ARJIS activity after the expiration of the grant. San Diego continues to maintain the position that ARJIS is appropriately a regional activity which will function best when the needs of all entities are ensured through the direct participation of all local governments. 'I11erefore, it is the Ccmnittee's RECa1MENDI\TION that the Board approve the ARJIS JPA (attached) for submission to all citie~ and the County, the U. S. Department of Justice and the State Attorney General for their approval and authorization to execute the JPA, and that the Bylaws (attached) also be forwarded with the JPA for information, and be submitted to the ARJIS Board of Directors for adoption at their first meeting. ;fI~7~ GEORGE F. BAILEY Chairman, ARJIS JPA Ccmnittee for: Hon. Will Hyde Hon. Larry Stirling Hon. Robert Harmon Hon. Jess E. Van Deventer Attachments NY3j6 Section 2 Parliamentary procedure at all meetings shall be governed by Roberts Rules of Order, Newly Revised, except as otherwise modified by the Joint Power Agreement or these Bylaws. Section 3 The Secretary shall forward written notice of the meetings of the Board of Directors, stating the time, location, and the agenda of business to each Member and Ex-officio Agency and to the respective members and alternates of the Board of Directors not less than five days prior to meetings. An item requiring action by the Board of Directors may be added to the agenda of a meeting if the Secretary notifies each member of the Board of such item not less than 48 hours previous to the meeting and if two thirds of the members of the Board present at the meeting concur. Upon finding that an item requiring immediate action by the Board of Directors has arisen within 48 hours preceding a Board meeting, then upon unanimous vote of all members present, the Board of Directors may act upon such item. Section 4 The Board of Directors and committees shall meet according to the following schedule: a. The Board of Directors shall meet at least quarterly and shall hold its meetings on the third Monday of the month. In the event that the third Ibnday of any month is a holiday, the regularly scheduled meeting shall be held on the fourth Monday of that month. An annual regular meeting shall be held during the month of June. Special meetings of the Board of Directors may be called from time to time by its Chairperson. b. The r1anagement Committee meetings shall be held at least quarterly or whenever called by its Chairperson. The Chairperson of the Management Committee shall notify the members of the Management Committee of any such scheduled meetings at least five days prior to the scheduled date of the meeting. Upon a finding by the Chairperson that an item has arisen that requires immediate action, he/she may call a meeting on forty-eight hours prior notice. c. Other standing committees and ad hoc specialized subcommittees shall meet whenever called by their respective chairpersons. ARTICLE IV OFFICERS AND THEIR DUTIES Section 1 The Board of Directors, and other standing committees shall have as elected officers a chairperson and vice chairperson, who are members of their 105'-::;6 3 respective Board or committees. The Chairperson and Vice Chairperson of the Management Committee shall be selected by the Board of Directors. The Director shall be the Secretary of the Board and each standing committee. a. The Chairperson shall preside over Board and committee meetings, and have general supervision of Board and committee affairs. He/she shall sign all official documents when directed to do so by the Board and committees and respectively. b. The Vice Chairperson shall perform the duties of the Chairperson in his/her absence and perform any duties that the Chairperson may require. c. In the event of the absence of both officers of the Board of Directors, Management Committee, or other standing committee, the quorum of members present shall elect a chairperson pro tempore to preside for that meeting. The Secretary, with a quorum present, shall call the meeting to order and preside during such election of a chairperson pro tempore; he/she shall imme- diately relinquish the chair upon completion of the election. Section 2 Election of officers of the Board of Directors shall be held annually during the June meeting. Officers for the Board of Directors shall be elected in the following manner: a. Nominations for any office may be made by Board members at the meeting. b. The officers shall be elected by a majority of the votes of those Board members present. c. All officers shall be elected for a term of one year and shall serve until their successors are elected. They shall begin their term of office at the close of the annual June meeting. d. In the event that the Board member who has been elected Chairperson or Vice Chairperson is no longer a member of the Board of Directors, the office shall be considered vacant. e. Any vacated office of Chairperson or Vice Chairperson shall be filled at the next regular Board meeting by nominations from the floor, and a majority of votes from the members present. Section 3 a. The Chief Executive Officer will be responsible to the ARJIS Board of Directors as set out in the Administrative Manual for the administration of the APJIS program, including: (1) development of program objectives, definition, direction and priorities; (2) general management of ARJIS program and coordination of staff and support services; (3) the development of financial support programs for ARJIS activities; (4) the recommendation and submission of an annual ARJIS program budget to the Board of Directors; and (5) execution of the adopted personnel, purchasing, and budgetary ~?~ 4 systems. The Chief Executive Officer shall perfonn such other and addi- tional duties as is necessary to carry out the objectives and function of ARJIS and as directed by the Board of Directors. b. Any additional staff support services provided by ~ember agencies and others shall be coordinated by the Chief Executive Officer. c. The Chief Executive Officer is hereby enabled to promulgate an administrative manual, for adoption by the Board of Directors, governing the administrative procedures of the Agency. Section 4 a. The Board of Directors shall contract with the San Diego Data Processing Corporation or other appropriate agency to provide the following: (1) necessary data processing services which may include, but are not limited to, the acquisition and maintenance of the hardware and software and pro- viding the personnel necessary to perfonn the data processing services for ARJIS, and support the development of new data processing applications; (2) punched card services; (3) data entry services; (4) application system and programming services; (S) data base design services; (6) software systems programming services; (7) word processing services. ARI'ICLE V RELATIONSHIPS AND RULES OF PROCEDURE Section 1 a. The function of the Budget and Program Review Committee shall be to review and make recommendations to the Board of Directors on the adoption of the budget . and the work program. b. The functions of the Management Committee at the direction of the Board of Directors shall be to: (1) make recommendations to expedite the ARJIS program and objectives; (2) provide ongoing technical review of the program; (3) at the discretion of the Management Committee, participate in the joint review of subcommittee recommendations on significant issues requiring Board action; and (4) perform such other functions and exercise such other responsibili ties as may from time to time be delegated by the Board of Directors. c. The function of the Users Committee at the direction of the Board of Directors shall be to advise and make recommendations to the Management Committee and the Board on the operation of the system. 16f~ S ARI'ICLE VI AMENDMENTS Section 1 The Board of Directors shall be responsible for making all amendments to these Bylaws. a. Proposed amendments may be originated by the Board of Directors, the Management Committee, or any member of the Board of Directors. b. Each proposed amendment shall be considered by the Board of Directors and a copy thereof forwarded by the Secretary to the official representative of each Member and Ex-officio Agency, hisjher alternate and the Agency itself, at least 20 days prior to the meeting at which such proposed amendment will be voted upon. c. Amendments to these Bylaws shall require the vote of a majority of the Member Agencies which also represent at least 51% of the weighted vote of the Member Agencies. (6 '3 5~ 6 AlJIDMATED REGIONAL JUSTICE INFORMATION SYSTEM BOARD OF DIRECTORS BYLAWS ARTICLE I NAME AND PURPOSE Section 1 The n~e of this Agency shall be the Automated Regional Justice Information System Joint Powers Agency (hereinafter referred to as ARJIS). Section 2 The Agency was created for the purposes stated in the Joint Powers Agree- ment of December 1, 1980. ARTICLE II MEMBERsHIP AND ORGANIZATION Section 1 Membership in this Agency shall be as provided in the Joint Powers Agreement of December 1, 1980. Section 2 a. All powers of this Agency pursuant to the Joint Powers Agreement shall be exercised by the Board of Directors. b. Only the duly selected official representative, or in his/her absence, his/her duly selected alternate or alternates as provided for in the Joint Powers Agreement, shall be entitled to represent his/her Member or Ex- officio Agency in the deliberations of the Board of Directors. c. N~es of the official representatives and alternates shall be communicated in writing to the Agency upon its initial formation by each participating Member Agency and shall thereafter be communicated at such other times as changes in representation are made by ~Iember or Ex-officio Agencies. /63 ?b