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HomeMy WebLinkAbout98-23• PRESENTED : 7-7-98 ADOPTED : 7_7_q~ RESOLUTION N0. 98-23 A RESOLUTION APPROVING THE AGREEMENT ESTABLISHING THE NEW RIVER CRIMINAL JUSTICE TRAINING ACADEMY AND AUTHORIZING THE REPRESENTATIVES OF THE TOWN OF PULASKI ON SAID BOARD TO TARE SUCH ACTION AS MAY BE NECESSARY TO EFFECTUATE SAID AGREEMENT. WHEREAS, the Town of PULASKI is a member of the New River Criminal Justice Training Academy; and WHEREAS, the Town of PULASKI representatives have all voting and participating rights, privileges and benefits thereof that all participatory jurisdictions may have; and WHEREAS, the Town. of PUL•ASRI is, desirous that the Training Academy be administered according to existing legislation • passed by the General Assembly of the Commonwealth of Virginia as set forth pursuant to provisions under Section 15.2-1747 Code of Virginia, et seq., as amended, and as promulgated through the Department of Criminal Justice Services; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of PULASKI that the "Agreement" establishing the New River Criminal Justice Training Academy attached hereto be, and the Agreement, hereby be approved in its entirety; and BE IT FURTHER RESOLVED that Town representatives ~on the Board of said academy be, and they hereby are, authorized and directed to take action as may be necessary to effectuate said Agreement. AP.P~ROVBD ~ v ..~.~ AT ~ John Johnston, Mayor ~ 4 < UIa Patricia Penderg. t, Clerk • AGREEMENT ESTABLISHING NEW RIVER CRIMINAL JUSTICE TRAINING ACADEMY f The Counties of; Bland, Carroll,- Floyd, Giles, Grayson, Montgomery, Pulaski, and the Cities and Towns of; Christiansburg, Dublin, Fries, Galax, Glen Lyn, Hillsville, Independence, Pearisburg, Pembroke, Pulaski, Rich Creek, Rural Retreat and Wytheville hereby enter into this agreement to establish the New River Criminal Justice Training Academy pursuant to Virginia Code Section 15.2-1747 et seq. (this "Agreement"). The parties agree as follows 1. ACADEMY NAME: The name of the academy shall be the New River Criminal Justice Training Academy (the "Academy"). 2. PRINCIPAL OFFICE: The principal office of the Academy shall be 7168 Harry L. Brown Road, Pulaski County, Virginia. 3. EFFECTIVE DATE, DURATION, AND TERMINATION- __ The effective __ date of the organization of the Academy under Section 15.2-1747 Code of Virginia, et seq., as amended, and this Agreement, shall be five (5} days subsequent to the official signature of all current -Executive Committee members. Academy Executive Committee members shall not affix signatures to this document prior to participating localities/jurisdictions/entities governing bodies, either by ordinance or resolution, entering into this Agreement. This Agreement shall exist in continuance up to such time amendments are necessary. The Academy shall exist in perpetuity unless dissolved by the Virginia Legislature. However, the Academy shall not be terminated if there is any outstanding indebtedness of the Academy unless the indebtedness is paid or unless adequate provision is made for securing payment of the indebtedness. 4. ACADEMY BOARD MEMBERSHIP: The Board. of Directors of the New River Criminal Justice Training Academy is hereby created. A. FULL BOARD OF DIRECTORS: _., 1) The Academy Full Board of Directors shall consist of two (2) members appointed by the governing body of each participating locality/jurisdiction/entity to a one year term beginning July 01st, and ending June 30th, of each year. At least one of the members appointed by each governing body, shall be the chief law enf orceme_nt or chief correctional officer of that agency. Those agencies that desire to participate in Academy membership that represent independent entities, i.e., regional jails, state agencies, colleges and universities, shall be allowed membership based upon approval of the Board of Directors. Such agency shall be obliged to meet all requirements as set forth by this Agreement. Academy Board membership representing such independent entities shall be the chief law enforcement or chief correctional officer • of that agency. PAGE 2 AGREEMENT ESTABLISHING THE NEW RIVER CRIMINAL JUSTICE TRAINING ACADEMY - 2) Each appointed member of the Full Board of Directors present during any Board meeting shall have the opportunity to vote on all issues coming before the Board. Proxy votes shall be accepted only under the following conditions; all proxy votes shall be presented in writing to the Chairman of the Board of Directors prior to the meeting being called to order, only one proxy vote per jurisdiction shall be accepted. Each proxy vote shall. be dispatched through the appointed Board member of that jurisdiction. 3) A quorum for the transaction of business for the Board of Directors shall consist of those who attend a properly. called meeting. Each Board member shall have one vote. 4) The Full Board of Directors shall hold an annual Board meeting each calendar year,-_this meeting shall be conducted in April of each year, where the agenda shall include_ the adoption of an -operational-budget; -tlie~-election-~of officers and an Executive Committee. 5) All governing bodies agree to delegate all authority to the Executive Committee who shall have all the power of the Board between the meetings of the Full Board of Directors. • ~ 6) All questions before the Board shall be determined by a majority vote of legal Board members present. The exception to this rule shall occur in amending this Agreement, where a two- thirds (2/3) majority of the members present vote is necessary. 7) The Board shall adopt by-laws, policy and procedures as it deems appropriate, including, but not limited to; provisions related to standing committees, procedures for conducting meetings, powers of the Full Board, powers of the Executive Committee, duties of the' Chairman of the Board, duties of .the Vice- Chairman/Treasurer, duties of-the Academy Executive Director. B. OFFICERS: The Full Board shall elect from its members a Chairman, Vice-chairman who shall also serve as Treasurer, and an Executive Committee. These officers shall be elected at the annual Board of Directors meeting, conducted in April of each year, take office at that time and serve for a one year period or until such time as their successors take office. C. EXECUTIVE COMMITTEE: 1) The Executive Committee shall consist of the Chairman of the Full-Board of Directors, vice-Chairman/Treasurer of the Full Board of Directors, and two members from each geographical zone (see appendix #1). ~J PAGE 3 AGREEMENT ESTABLISHING THE NEW RIVER CRIMINAL JUSTICE • TRAINING ACADEMY - 2) No locality/jurisdiction/entity shall have more than one member serve upon the Executive Committee per term. 3) The Executive Committee shall take actions for the Full Board of Directors between annual meetings of the Full Board and/or at times when it is impractical or impossible to arrange for a meeting of the Full Board. 4) A quorum for the transaction of Executive Committee business shall consist of a majority of the members of the Executive Committee. D. APPLICANTS WHO ARE NOT PARTIES TO THE ORIGINAL AGREEMENT: Agenciesthat -wish --to--participate as new- members of the New River Criminal Justice Training Academy, shall be required to petition the Academy Board Chairman for membership. New members shall be obligated to comply with-all requirements established under this Agreement, conditions enunciated through Academy policy and procedure, and DCJS/Criminal Justice Services Board requirements regulating regional academy functions. • 5. AMENDMENT OF AGREEMENT: This Agreement may be amended at any meeting of the Full Board of Directors by a two-thirds vote of the members present, provided that the proposed amendments-have been submitted in writing to all members of the Full Board of Directors at least two weeks prior to the meeting, and provided that such amendments are not in conflict with any State, or Federal law or applicable regulation. 6. WITHDRAWAL FROM ACADEMY: Academy members may withdraw from the Academy by written notice to the Academy Board Chairman no later than October 1 preceding the thirtieth (30th) day of June on which any withdrawal shall become effective. Members who fail to provide notice within this time frame, and leave "active" Academy status, will be expected to pay the approved assessment fee for the upcoming fiscal year. Agencies that withdraw membership are not entitled to receive Academy property (real or personal) at the time they leave "active" membership status. 7. PURPOSE: The purpose of the Academy shall be to exercise all of the powers granted by Virginia Code Section 15.2-1747, et seq., as amended from time to time, and to exercise any other powers granted by the General Assembly. These powers shall be exercised by the Board of Directors or pursuant to the authorization of the Hoard of Directors. • PAGE 4 AGREEMENT ESTABLISHING THE NEW RIVER CRIMINAL JUSTICE TRAINING ACADEMY 8. TRAINING AREA: The training area of the Academy shall consist of the participating entities identified under Appendix #1. Such agencies/jurisdictions/entities may change from time to time as membership changes. 9. ACADEMY EXECUTIVE DIRECTOR: The Board of Directors shall appoint an Academy Executive Director who shall have qualifications and duties that are established by the Board. The Academy Executive Director shall serve at the pleasure of the Board of Directors. 10. ACADEMY STAFF: The Board of Directors shall provide the Academy Executive Director with sufficient staff to carry out the mission of the Academy. The Board of Directors shall authorize the Academy Executive Director to be responsible for the hiring, -_ __ supervision,-and evaluation of all Academy employees. 11. FINANCING AND BUDGET: Total operational cost for the New River Criminal Justice Training Academy shall be supported by; grants from Federal, State, and local government entities, assessment fees received from participating -jurisdictions, and revenues generated through training programs authorized by the Board of Directors. Financial and budget obligations shall be accomplished as follows: a. The Academy Board of Directors shall provide for the manner in which and by whom disbursements may be authorized, provided that it shall ensure that the disbursement authorization system is in compliance with the Code of Virginia 1950, as amended. b. The Academy Executive Director shall prepare an annual operating budget and present that budget to the Board for approval. This budget should be sufficient to meet upcoming fiscal obligations, however, the Board shall ensure that quality training will be provided at the most economical cost. c. Each fiscal year the Board shall determine through the annual budget process an approved student assessment fee cost. This amount shall be given final approval by the Full Board of...Directors at the annual Board meeting in April of each year. • PAGE 5 AGREEMENT ESTABLISHING THE NEW RIVER CRIMINAL JUSTICEy TRAINING ACADEMY d. All governing bodies agree that each "active" participating agency shall be assessed annually the cost per student times the number of employees that require training. The assessment fee charged shall be paid within 90 days of the new fiscal year, which shall be mailed to each jurisdiction no later than June 15th of each year. e. The Academy Executive Director shall survey each participating locality/jurisdiction/entity each calendar year to determine the total number of personnel that requires training under existing training standards regulated by the Department of Criminal Justice Services. These personnel need not be only; sworn officers, or those with arrest powers, but individuals who will expend Academy funds by attending the Academy in a required training program. This survey shall be completed no later than December 15th of each calendar year. Based upon the reported number of personnel, each participating locality/jurisdiction/entity shall be assessed the approved training fee for the upcoming year. f. The Board shall provide for an annual audit of Academy finances. This audit shall be conducted by an independent source which is licensed to perform such audit according to Governmental Accounting and Financial Reporting Principles. All audit reports will be made available to the Board of Directors. 12. TERMINATION OF THE ACADEMY: In the event that this Agreement is terminated in its entirety, all property shall be scheduled and valued by, or at the direction of the Board of Directors and sold or distributed in kind to the participants as nearly as is feasible in the same proportion as they contributed to acquiring the same property, however, that one or more Academy localities/jurisdictions/entities may purchase the interest of one or more others in the property. The proceeds of sale shall be distributed to the Academy members in the same proportion as the Academy members' contribution to acquire the property which is sold. The word "termination" in this section applies only to the complete dissolution of the New River Criminal Justice Training Academy, and does not include those situations where participating jurisdictions may withdraw membership. 13. NONDISCRIMINATION: The Academy shall have a policy of hiring and promoting the best qualified persons without regard to race, sex, age, religion, handicap, political affiliation, national origin or other classifications protected by law. PAGE 6 AGREEMENT ESTABLISHING THE NEW RIVER CRIMINAL JUSTICE TRAINING ACADEMY 14, TERMINATION OF NEW RIVER CRIMINAL JUSTICE TRAINING ACADEMY: The New River Criminal Justice Training Academy established pursuant to Virginia Code Section 15.1-21, as amended, shall be terminated at the close of business of the fifth (5th} day subsequent to the official signatures of all Academy Executive Committee members, indicating final approval of the Agreement Establishing New River Criminal Justice Training Academy pursuant to Virginia Code Section 15.2-1747 et seq. The Academy shall maintain records of agreements between participating agencies who are parties to Charter Agreements pursuant to Virginia Code Section 15.1-21, as amended. :7 • APPENDIX # 1• ACADEMY JURISDICTIONS AND GEOGRAPHICAL ZONES: JURISDICTION: JURISDICTION CODE NUMBER: ZONE 1: Carrol l County Sheriff ' s Office Fries Police Department Galax Folice Department Grayson County Sheriff's Office Hillsville Police Department Independence Police Department Rural Retreat Police Department Southwestern State Mental Health Police Wytheville Police Department Bland County Sheriff's "Office Giles County Sheriff's Office Glen Lyn Police Department Montgomery County Sheriff's Office Pearisburq Police Department Pembroke Police Department Rich Creek Police Department ZONE 2: ZONE 3: Christiansburg Police Department Dublin Police Department Floyd County Sheriff's Office Pulaski County Sheriff's Office Pulaski Police Department Radford University Police Department New River Valley Regional .Jail 202 106 107 205 110 111 119 402 120 201 204 108 207 112 115 118 102 104 203 209 116 117 000 BY-LAWS FOR THE NEW RIVER CRIMINAL JUSTICE TRAINING ACADEMY ARTICLE I NAME OF ORGANIZATION: The official name of the Academy shall be the New River Criminal Justice Training Academy. ARTICLE II PURPOSE OF THE ORGANIZATION: The purpose of the Academy shall be to provide participating jurisdictions with the highest achievable quality of criminal justice training programs, both as mandated by the .Commonwealth of Virginia, and as authorized by the Board of Directors of the New River Criminal Justice Training Academy. ARTICLE III MEMBERSHIP: The New River Criminal Justice Training Academy Hoard of Directors shall consist of two members appointed by the governing body of each participating locality/jurisdiction/entity to a one year term beginning July 01st, and ending June 30th, of each year. At least one of the members appointed by each governing body, shall be the chief law enforcement or chief correctional officer of that agency. Those agencies that desire to participate in Academy membership that represent independent entities, i.e., regional jails, state agencies, colleges and universities, shall be allowed membership based upon approval of the Board of Directors. Such agencies shall meet all requirements as set forth by the "Agreemen.t Establishing New River Criminal Justice Training Academy'. Academy Hoard membership representing such independent entities shall be the chief law enforcement or chief correctional officer of that agency. ARTICLE IV POWERS AND DUTIES OF THE BOARD OF DIRECTORS/EXECUTIVE COMMITTEE: SECTION 2: The Academy Board of Directors is the legal entity charged with the overall responsibility of the Academy. The Board shall establish the objectives of the Academy and determine the policy for the development of such objectives. The Board of Directors shall hold the Academy Executive Director responsible for implementation of established objectives, policies and procedures. The Executive Director shall be responsible for the care of buildings, equipment, and the employment and direction of the staff and for the operation of the Academy under the financial conditions . set forth in the annual budget. PAGE 2 ' New River Criminal Justice • Training Academy By-Laws - SECTION 2: In addition the Academy Board of Directors shall: (a) Approve an annual operating budget for the Academy. (b) Review proposals regarding goals and objectives presented by the Academy Executive Committee for a three year period. (c) Appoint an Executive Director who shall appoint other Academy staff members whose positions have been approved by the Board, and to fix the compensation, powers and responsibility of the Academy Executive Director. (d) Determine the number and position of staff members required for the operation of the Academy. (e) Establish Academy policy regarding the use of Academy facilities or equipment by agencies or persons for any purpose other than an approved Academy program. (f) Establish Academy policy and set fees for the admission of students from nonparticipating jurisdictions to Academy training programs. SECTION 3: _ The Board of Directors shall elect from the membership at large an Executive Committee which has the responsibility to regulate the Academy within the objectives and policy f ramework • approved by the Hoard. The Executive Committee shall have equal representation from the Full Board of Directors. The Executive Committee shall consist of the Chairman of the Board, Vice-Chairman who shall also serve as Treasurer, and two (2) members from each participating geographical .zone (see Appendix #1). No locality/jurisdiction/entity shall have more than one (1) member serve upon the Executive Committee per term. The Officers an-d Executive Committee members shall be elected from the Board at large at the annual Board of Directors meeting, conducted in April of each year, take office at that time and serve for a one year period or until such time as their successors take office. Academy Officers and Executive Committee members shall have the following specific powers (a) The Executive Committee shall have. the responsibility of conducting Academy affairs and making policy decisions for the Full Board of Directors. (b) Have supervisory control of the Academy Executive Director. (c) -Have the responsibility of making decisions on non- policy matters referred to it by the Academy Executive Director. (d) Assist the Academy Executive Director in the development of an annual operating budget and present that budget to the Full Hoard of Directors for approval. The Executive Committee shall also review and authorize budget expenditures, this shall be accomplished through regular review of financial reports . and statements. PAGE 3 New River Criminal Justice • Training Academy By-Laws (e) Assist the Executive Director and the Curriculum Committee in the development and approval of an annual curriculum and training schedule. (f) Review and evaluate the Academy Executive Director by the presentation of goals and objectives for the Academy for a three (3} year period. (g) Approve contractual agreements. (h) Amend Academy By-Laws. (i) Review and approve Academy Board policy. AR T T C'T.F. V OFFICERS AND RESPONSIBILITIES: SECTION l: Officers of the Academy shall be elected at the annual Board of Directors meeting conducted in April of each year. Academy Officers shall consist of Chairman of the Board, and Vice-Chairman of the Board/Treasurer, and two (2) Executive Committee representatives from each geographical zone. SECTION 2: The Chairman of the Board shall have the following responsibilities: • (a) To preside over all meetings of the Board and the Executive Committee, according to the current edition of Merriam Webster~s Rules of Order. (b) To provide overall guidance to the Board of Directors, Executive Committee members, Academy Executive Director, and members of any special committees in their responsibilities to the Academy. (c) To represent the Board of Directors at public, private and civic gatherings. (d) To appoint/replace resigning Executive Committee members who should resign their position prior to the end of their established term of office. (e) Authorize all calls for any special meetings. (f) Determine the times, dates, and location that the Academy Executive Committee shall meet. (q) Appoint all standing committee chair and associate committee members. _ (h) And generally perform the duties of the presiding officer . SECTION 3: The vice Chairman/Treasure shall have the following responsibilities: (a) The Vice Chairman of the Board of Directors shall assume all of the duties of the Chairman in the case of the absence or inability of the Chairman of the Board. PAGE 4 ' New River Criminal Justice • Training Academy By-Laws - (b) During his/her tenure the Vice-Chairman shall serve as the Academy Treasurer. (c) During his/her tenure the vice-chairman shall serve as Chairman of the Academy Personnel Committee. (d) As .Treasurer of the Academy the Vice-Chairn-an shall be the individual to whom the Academy Executive Director reports all financial matters. In addition, along with the Academy Executive Directors the Vice-Chaiz~nan signature or authorized replica of such signature, shall be placed on all authorized checks. ARTICLE VI MEETINGS: SECTION 1: _ _ The Academy_Full Board of_. Directors shall .hold an annual- Board of Directors meeting in April of each year. The date, time and location of the meeting shall be scheduled by the Chairman of the Board of Directors. Newly elected/reaffirmed Officers and Executive Committee members shall start their term of office at the conclusion of this meeting. SECTION 2: • The Executive Committee shall meet every month at a date, time and location determined by the Chairman of the Executive Committee, unless the Chairman determines otherwise. SECTION 3: Special meetings may be called by the Chairman of the Executive Committee or by the Chairman of the Executive Committee upon request of any two (2) members of the Executive Committee or any three (3) members of the full board for the transaction of only such business as stated in the call for the meeting. SECTION 4: Standing and ad hoc committees shall meet when necessary as determined by the appointed committee chairman. SECTION 5: Notice of all public meetings shall be given to all members of the Board at least five (5) days prior to the meeting. Such notice shall include the date, time, location and if practical the purpose of the meeting. SECTION 6: If a member of the Executive Committee is unable for good reason to attend a scheduled session, the Academy Executive Director will be notified as soon as possible. If a quorum cannot • PAGE 5 New River Criminal Justice Training Academy By-Laws be met, the Academy Executive Director shall notify the Chairman of the Executive Committee who will decide if the meeting should be cancelled. SECTION 7: All meetings shall be open to the public, except only in those circumstances where confidential discussion is carried out pursuant to Virginia Code Section 2.1-344 as amended. SECTION 8: An executive or closed session of the Full Board of Directors may be convened upon a majority vote of the Full Hoard of Directors members present during a Full Board of Directors meeting, provided that the Board Chairman ensures that such session adheres to the requirements set forth by the Virginia Freedom of Information Act. SECTION _ 9 : _ _ _ _ ..__ _ -- - - - - An executive or closed session of the Executive Committee may be -convened upon a maiority vote of the Executive Committee members present during an Executive Committee meeting, provided that the Board Chairman ensures that such session adheres to the requirements set forth by the Virginia Freedom of Information Act. SECTION 10: • The Academy executive director Full Board and/or Executive Committee Board Chairman specifies otherwise. SECTION 1: The following committees Chairman of the Board: Personnel Curriculum Nomination Admissions Academic Review Board or his designee shall attend meetings, unless the Academy ARTICLE VII CONIl~IITTEES shall be appointed annually by the SECTION 2: Special committees for the study and investigation of special problems may be appointed by the Chairman, such committees to serve until the completion of the work for which they were appointed. SECTION 3: All committees are to make reports to the Board and act only on the Board's recommendations. • PAGE 6 New River Criminal Justice Training Academy By-Laws ARTICLE VIII PARLIAMENTARY AUTHORITY: In all instances when they are applicable and not inconsistent with these bylaws and any other special rules the organization shall adopt, the rules contained in the current edition of Merriam Webster~s Rules of Order shall govern this organization. ARTICLE IX AMENDMENT OF BYLAWS: The Bylaws of the New River Criminal Justice Training Academy may be amended at any Executive Committee meeting by a two-thirds vote of the Executive Committee members present, provided that the proposed amendments have been submitted in writing to all Executive Committee members at least two weeks prior to the meeting, and provided that the amendments are not in conflict with any applicable State, Federal law or regulation. It shall be the responsibility of the Academy Board Chairman, and the Academy Executive Committee through the Executive Director to annually review these bylaws and update the document as necessary. • • APPENDIX # 1: ACADEMY JURISDICTIONS AND GEOGRAPHICAL ZONES: • JURISDICTION: JURISDICTION CODE NUMBER: ZONE 1: Carroll County Sheriff's Office 202 Fries Police Department 105 Galax Police Department 107 Grayson County Sheriff's Office '205 Hillsville Police Department 110 Independence Police Department 111 Rural Retreat Police Department 119 Southwestern State Mental Health Police 402 Wytheville Police Department 120 ZONE 2: Bland County Sheriff's Office 201 • Giles County Sheriff's Office 204 Glen Lyn Police Department 108 Montgomery County Sheriff's Office 207 Pearisburq Police Department 112 Pembroke Police Department 115 Rich Creek Police Department 118 ZONE 3: Christiansburq Police Department 102 Dublin Police Department 104 Floyd County Sheriff's Office 203 Pulaski County Sheriff's Office 209 Pulaski Police Department 116 Radford University Police Department 117 New River Valley Regional Jail 000 •