County of Sonoma Agenda Item Summary Report

Transcription

1 Revision No County of Sonoma Agenda Item Summary Report Agenda Item Number: 22 (This Section for use by Clerk of the Board Only.) Clerk of the Board 575 Administration Drive Santa Rosa, CA To: Sonoma County Board of Supervisors Board Agenda Date: November 1, 2016 Vote Requirement: 4/5 Department or Agency Name(s): Sheriff s Office Staff Name and Phone Number: Cpt. Clint Shubel, Title: Supervisorial District(s): All Supervisorial Districts Resolution introducing a fee ordinance for psychological evaluation of Concealed Carry Weapon (CCW) permit applicants Recommended Actions: Adopt a resolution introducing, reading the title of, and waiving the reading of a fee ordinance for psychological evaluations of Concealed Carry Weapon (CCW) permit applicants. Executive Summary: Applicants of a Concealed Carry Weapon (CCW) permit submit an application through the Sonoma County Sheriff s Office. The Sheriff s Office intends to include a psychological evaluation as part of the permit process for pre-approved applicants, i.e., those who have provided sufficiently good cause to the Sheriff s Office for issuance. Including a mandatory psychological evaluation of pre-approved applicants is a change in Sheriff s Office policy, which previously only stated that psychological evaluations may be required. Applicants who make it to the psychological evaluation phase of the process will be responsible for the $555 cost associated with the psychological evaluation. This would increase the total cost of a new CCW permit from $212 to $767. Discussion: Background. Applicants of a Concealed Carry Weapon (CCW) permit submit an application through the Sonoma County Sheriff s Office. Upon review of the initial application, the Sheriff s Office determines whether the applicant has provided a sufficiently good cause for issuance and will either pre-approve or reject the applicant. Pre-approved applicants then submit fingerprints, which are run through the Department of Justice (DOJ) and Federal Bureau of Investigations (FBI) databases. If clearance is received on the fingerprints, the applicant then provides proof of completion of a CCW training course through a Sheriff s Office-approved provider and three letters of character reference. The number of new CCW permits issued in recent years by the Sheriff s Office are as follows: Year CCW Permits Issued

2 Revision No Proposal. The Sheriff s Office intends to include a psychological evaluation as part of the permit process for pre-approved applicants, i.e. those who have provided sufficiently good cause to the Sheriff s Office for issuance. Examples of good cause may include small business owners who frequently transport cash to/from their business and the bank, victims of domestic violence who are threatened and face potential harm, owners of businesses that deal in high-value goods, such as jewelry. Including a psychological evaluation of pre-approved applicants is a change in Sheriff s Office policy. This independent third party evaluation would provide another measure of validating the applicant s suitability for acquiring a permit and would also serve as another juncture for approval or rejection of an application. Incorporating a psychological evaluation into the CCW permit process would serve the health and safety of the community by preventing unsuitable applicants, and those who would constitute a threat to him-/herself or the community if issued a CCW permit, from legally carrying concealed firearms. The evaluation would include psychological testing, a mental status exam, a face-to-face clinical interview, and a one-page written report. The evaluation would take approximately 3.5 hours to complete and would be conducted locally in Santa Rosa. The psychological evaluation would occur after the fingerprint check but before the training course. Other counties have policies that are similar to the Sheriff s current policy, which state that psychological evaluations may be required. Alameda, Kings and San Benito counties require psychological evaluations as part of the CCW application process. Psychological Evaluation Fee. California Penal Code establishes limits on the fees that the local licensing authority (Sheriff s Office) may charge for a concealed weapon permit. It specifies in section (f)(1) that If psychological testing on the initial application is required by the licensing authority, the license applicant shall be referred to a licensed psychologist used by the licensing authority for the psychological testing of its own employees. The applicant may be charged for the actual cost of the testing in an amount not to exceed one hundred fifty dollars ($150). However, Section 54985(a) of the California Government Code states that notwithstanding any other provision of law that prescribes an amount or otherwise limits the amount of a fee or charge that may be levied by a county,, a county board of supervisors shall have the authority to increase or decrease the fee or charge, that is otherwise authorized to be levied by another provision of law, in the amount reasonably necessary to recover the cost of providing any product or service or the cost of enforcing any regulation for which the fee or charge is levied. The cost to the Sheriff s Office of providing a psychological evaluation of a pre-approved CCW permit applicant is significantly higher than $150, which does not adequately cover the cost of 3.5 hours of service by a board-certified psychologist. The Penal Code ceiling on the psychological testing rate has been a deterrent to the medical professionals who can provide these evaluations, but the California Government Code, Section 54985, provides authority to recover the actual costs that are reasonably appropriate for providing these services. The Sheriff s Office recognizes that this new and higher fee may represent a financial burden to applicants. However, the Sheriff s Office strongly believes that a psychological evaluation will be an important addition to the CCW permit process for the health and safety of the community and that the fee increase is appropriate to provide the service.

3 Revision No The proposed fee for psychological evaluations of CCW permit applicants to be established by the Board of Supervisors and to be collected by the Sheriff s Office is $555. This fee is based on an amount reasonably appropriate to recover the cost of providing the services. This would increase the total cost of a new CCW permit from $212 to $767. This fee is non-refundable and subject to revision on a yearly basis. The action by the Board of Supervisors to levy a new fee pursuant to Section of the California Government Code shall be taken by ordinance. California Government Code 54986(b). The Sheriff s Office therefore recommends that the proposed fee ordinance be approved by the Board. Prior Board Actions: Annual approval of CCW permit fee as part of the Sheriff s Annual Fee Ordinance, most recently approved on April 26, 2016 and which changed the fee for new permits from $100 to $212 effective July 1, Strategic Plan Alignment Goal 1: Safe, Healthy, and Caring Community Increasing the CCW permit fee to include the cost of applicant psychological evaluation contributes to the safety and health of the community. Fiscal Summary Expenditures Funding Sources Budgeted Expenses Additional Appropriation Requested Total Expenditures General Fund/WA GF State/Federal FY Adopted Fees/Other $2,500 Use of Fund Balance Contingencies Total Sources $2,500 FY Projected FY Projected Narrative Explanation of Fiscal Impacts: $2,500 in CCW permit fee revenue is included in the FY Central Information Bureau (CIB) recommended budget. Revenue is recorded in CIB. The CCW fee change has no net cost effect on the CIB budget, as the contract and overhead costs are passed through to the applicant. Although the CCW fee change has no net cost effect on the CIB budget, the Sheriff s Office may need to appropriate contract expenditures in FY during the consolidated budget adjustment (CBA) process.

4 Revision No Staffing Impacts Position Title (Payroll Classification) Monthly Salary Range (A I Step) Additions (Number) Deletions (Number) Narrative Explanation of Staffing Impacts (If Required): Attachments: 1. Resolution to introduce, read the title of and waive further reading of the proposed ordinance to establish a fee rate for psychological evaluation services for Concealed Carry Weapon (CCW) permit applicants 2. Ordinance establishing the fee rate for psychological evaluation services for CCW permit applicants. 3. Analysis of the CCW Permit Application fee. Related Items On File with the Clerk of the Board:

5 County of Sonoma State of California Date: November 1, 2016 Item Number: Resolution Number: 4/5 Vote Required Resolution of the Board of Supervisors of the County of Sonoma, State Of California, introducing, reading the title of and waiving further reading of a proposed ordinance establishing a psychological evaluation fee for concealed carry weapon permit applicants provided by the Sheriff s Office Whereas, a proposed ordinance, entitled An Ordinance of the Board of Supervisors of the County of Sonoma, State of California, establishing a psychological evaluation fee for concealed carry weapon permit applicants has been introduced and the title read; Now, Therefore, Be It Resolved, that further reading of the proposed ordinance is waived. Be It Further Resolved, that the Sonoma County Board of Supervisors will consider adoption of the proposed ordinance on November 15, 2016, in the Board of Supervisors Chambers, 575 Administration Drive, Room 102A, Santa Rosa, CA. Supervisors: Gorin: Rabbitt: Zane: Gore: Carrillo: Ayes: Noes: Absent: Abstain: So Ordered.

6 Ordinance No. An Ordinance of the Board of Supervisors of the County of Sonoma, State of California, establishing a psychological evaluation fee for Concealed Carry Weapon (CCW) permit applicants The Board of Supervisors of the County of Sonoma, State of California ordains as follows: SECTION I: The Sheriff s Office provides certain services to individuals and organizations that are considered extraordinary levels of service, or are services for which charges or other compensation are authorized pursuant to applicable laws. SECTION II: Using available data, the Sheriff s Office has conducted an analysis to determine the cost to the County of Sonoma of providing these services, and has provided such information to the Board of Supervisors. SECTION III: Based on such information, this Board finds that it is in the public interest for the Sheriff s Office to continue to provide this service, that the proposed fee represents the reasonable cost of providing the service, and that such fee complies with all legal requirements, including but not limited to Art. XIII C of the California Constitution. SECTION IV: Effective 60 days after the date of the passage of this ordinance, the fee for providing the identified service shall be as follows: Concealed Carry Weapons (CCW): CCW Permit Psychological Evaluation $ SECTION V: All prior or concurrent ordinances and resolutions which relate to the establishment or modification of fees charged by the Sheriff s Office shall remain in full force and effect to the extent not expressly revised herein. SECTION VI: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and every section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared unconstitutional or invalid. SECTION VII: This ordinance shall be declared to be in full force and effect from and after sixty (60) days after the date of its passage, and shall be published once before the expiration of fifteen (15) days after said passage, with the names of the Supervisors voting for or against the same, in a newspaper of general circulation published in the County of Sonoma, State of California. In regular session of the Board of Supervisors of the County of Sonoma introduced on the 1 st of November, 2016, and finally passed and adopted this on regular roll call of the members of said Board by the following vote:

7 SUPERVISORS: Gorin: Rabbitt: Zane: Gore: Carrillo: Ayes: Noes: Absent: Abstain: WHEREUPON, the Chair declared the above and foregoing ordinance duly adopted and SO ORDERED. ATTEST: Chair, Board of Supervisors County of Sonoma Sheryl Bratton, County Clerk and Clerk of the Board of Supervisors

8 ANALYSIS OF FY CONCEALED CARRY WEAPON PSYCHOLOGIAL EVALUATION FEE This analysis describes the methodology used to establish a Concealed Carry Weapon (CCW) Psychological Evaluation fee and the basis for calculating the proposed fee. The recommended fee is rounded down to the nearest dollar. Statutory authority normally provides for recovery of the following costs: Direct material costs (as applicable). Direct labor costs. Department indirect costs (i.e. costs incurred by the Sheriff s Office to support the direct labor service, such as accounting, purchasing, payroll, personnel, reception, records, etc.) County indirect costs (A-87 cost allocations). CONCEALED CARRY WEAPON (CCW) PSYCHOLOGICAL EVALUATION Penal Code Section establishes limits on the fees that the local licensing authority (Sheriff s Office) may charge for a concealed weapon permit. In accordance with Penal Code 26190, if psychological testing on the initial application is required, the license applicant shall be referred to a licensed psychologist used by the County for the psychological testing of its own employees. The applicant may be charged for the actual cost of testing in an amount not to exceed $150. Government Code further states a county board of supervisors shall have the authority to increase the fee or charge, that is otherwise authorized to be levied by another provision of law, in the amount reasonably necessary to recover the cost of providing any product or service or the cost of enforcing any regulation for which the fee or charge is levied. The Sheriff s Office has an agreement for psychological evaluation services with a private service provider. The cost to the Sheriff s Office for a psychological evaluation of CCW permit applicants is $485 per evaluation, which represents 3.5 hours of service provided by the same board-certified psychologist who conducts evaluations of prospective Sheriff s Office employees. The Penal Code ceiling on the psychological testing rate has been a deterrent to medical professionals who can provide these evaluations, but the California Government Code, Section 54985, provides authority to recover the actual costs that are reasonably necessary for providing these services. Fees for this service will be collected by the Sheriff s Office and are non-refundable. The recommended fee to recover our costs is shown below. CCW Psychological Evaluation Cost Table Department Contracted Services Assessment Rate Indirect Total Rate Service fee 1 $ $70.08 $ The following indirect costs are applied to the hourly rate: Administration / CIB 7.43% Law Enforcement Admin. / CIB 7.02% Recommended Fee - CCW Psychological Evaluation $555.00