City of Atlanta
Georgia

Resolution
17-R-3693
Adopted as Amended
Jun 5, 2017 1:00 PM

****A RESOLUTION BY COUNCILMEMBER KWANZA HALL AS AMENDED BY COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE AUTHORIZING THE MAYOR, OR HIS DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING, MOU, ON BEHALF OF THE ATLANTA POLICE DEPARTMENT, THE CITY OF ATLANTA SOLICITOR'S OFFICE AND THE CITY OF ATLANTA PUBLIC DEFENDER'S OFFICE, WITH THE FULTON COUNTY DISTRICT ATTORNEY, THE FULTON COUNTY SOLICITOR, THE FULTON COUNTY PUBLIC DEFENDER'S OFFICE, AND THE ATLANTA/FULTON COUNTY PRE-ARREST DIVERSION INITIATIVE, INC. TO CREATE THE PRE-ARREST DIVERSION (PAD) INITIATIVE OPERATIONAL WORKING GROUP WHICH SHALL ADMINISTER THE PAD PILOT INITIATIVE; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 2 Kwanza Hall
Category:Personal PaperFunctions:None Required

Item Discussion

(This legislation is a dual referred item that was voted Favorable as Amended by Community Development/Human Services Committee and was forwarded to Public Safety and Legal Administration Committee)

 

Body

WHEREAS, Article IX, Section III, Paragraph I (a) of the Constitution of Georgia (the "Intergovernmental Contracts Clause"), authorizes Fulton County and the City of Atlanta to contract for a period not exceeding 50 years; and

 

WHEREAS, the City of Atlanta is seeking new ways to improve public safety and health and strengthen all of the city's communities; and

 

WHEREAS, the City of Atlanta participated, as one of only 20 jurisdictions invited , in a national assembly on Law Enforcement Assisted Diversion (LEAD), a pre-booking diversion program that the Seattle and Santa Fe police department are using to enhance public safety while keeping nonviolent offenders out of jail, hosted by the White House in July 2015; and

 

WHEREAS, President Barack Obama stated that pre-arrest diversion initiatives were a priority for his administration, in line with the practical blueprint created by his Taskforce for 21st Century Policing; and

 

WHEREAS, in 2015, via Resolution 15-R-3920 which was adopted by the Atlanta City Council on December 7, 2015 and approved on December 16, 2015, the City of Atlanta declared its interest in working with Fulton County to explore comprehensive and inclusive community-based policing initiatives that address underlying issues such as poverty, education, mental health and safety; and

 

WHEREAS, the Racial Justice Action Center was awarded a grant of $200,000.00 from the Open Society Foundation specifically for the design process of a pre-arrest diversion initiative, including the hiring of qualified consultants who could lead a design group process; and

 

WHEREAS, in 15-R-3920 the City of Atlanta resolved to support the creation of a Pre-Arrest Diversion (PAD) Initiative Design Team jointly with Fulton County to engage in a thorough examination process toward the goal of implementing a pilot program of a Pre-Arrest Diversion Initiative during 2016; and

 

WHEREAS, as a result of the work of the Design Team in 2016, the City of Atlanta and Fulton County desire to conduct a PAD initiative Pilot Program and to form a PAD Operational Working Group; and

 

WHEREAS, the Operational Working Group shall be formed for the purposes of making policy­

level decisions regarding the PAD initiative, to provide periodic administrative oversight of the program, to protect the integrity of the PAD model and to uphold its guiding principles; and

 

WHEREAS, the Operational Working Group's membership shall consist of representatives from each of the following entities and organizations: the City of Atlanta Police Department, the Fulton County District Attorney's Office, the Fulton County Solicitor's Office, the City of Atlanta Solicitor's Office, the Fulton County Public Defender's Office, The City of Atlanta Public Defender's Office, and the Atlanta/Fulton County Pre-Arrest Diversion Initiative, Inc.; and

 

WHEREAS, the City of Atlanta wishes to enter into Memorandum of Understanding with the other entities participating in the Operational Working Group which shall be for the purpose of authorizing the creation of the Operational Working Group, and memorializing the governance and responsibilities thereof, a draft copy of which is attached hereto as Exhibit A; and

 

WHEREAS, the term of the MOU and thus, of the PAD pilot initiative shall be from the date of execution through June 31, 2019, unless terminated earlier due to the completion of the pilot program or by agreement of the parties.

 

NOW THEREFORE BE IT RESOLVED, by Council of the City of Atlanta, Georgia that the Mayor or his designee be and is hereby authorized to, on behalf of the Atlanta Police Department, the City of Atlanta Solicitor's Office and the City of Atlanta Public Defender's Office, enter into an appropriate Memorandum of Understanding (MOU) with the Fulton County District Attorney, the Fulton County Solicitor, the Fulton County Public Defender's Office, and the Atlanta/Fulton County Pre-Arrest Diversion Initiative, Inc. for the creation of the Pre-Arrest Diversion (PAD) Initiative Operational Working Group, and to memorialize the governance and responsibilities thereof during the PAD pilot initiative.

 

BE IT FURTHER RESOLVED, that the term of the MOU shall be from the date of execution through June 31, 2019, unless terminated earlier due to the completion of the pilot program or by agreement of the parties.

 

BE IT FURTHER RESOLVED, that the PAD Operational Working Group shall provide an update to Atlanta City Council every six months.

 

BE IT FINALLY RESOLVED, that the MOU shall be effective upon execution by all of the parties thereto.

 

 

 

Meeting History

May 15, 2017 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE AND PUBLIC SAFTEY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
May 23, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft

REFERRED TO PUBLIC SAFETY & LEGAL ADMINISTRATION COMMITTEE

RESULT:FAVORABLE AS AMENDED [5 TO 0]
MOVER:Ivory Lee Young Jr., District 3
SECONDER:Joyce M Sheperd, Vice-Chair, District 12
AYES:Natalyn Mosby Archibong, Cleta Winslow, Mary Norwood, Joyce M Sheperd, Ivory Lee Young Jr.
ABSENT:Andre Dickens
AWAY:Michael Julian Bond
May 23, 2017 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft

Melissa Mulinax

Amber Robinson

RESULT:FAVORABLE AS AMENDED [5 TO 0]
MOVER:Ivory Lee Young Jr., Councilmember, District 3
SECONDER:Clarence "C. T." Martin, Councilmember, District 10
AYES:Andre Dickens, Clarence "C. T." Martin, Yolanda Adrean, Ivory Lee Young Jr., Felicia A Moore
ABSENT:Michael Julian Bond
AWAY:Cleta Winslow
Jun 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

RESULT:ADOPTED AS AMENDED [12 TO 0]
AYES:Michael Julian Bond, Mary Norwood, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Felicia A Moore, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Clarence "C. T." Martin
AWAY:Andre Dickens, Yolanda Adrean