This Board Letter requests authority for the District Attorney’s Office to accept grant funds from the California Office of Traffic Safety (OTS) for a one-year period running from October 1, 2016 through September 30, 2017. Applicants are required to submit necessary assurances and documentation with their grant application. In addition, approval of the Appropriation Adjustment in the amount of $848,000 is requested.

SUBJECT

January 10, 2017

The Honorable Board of SupervisorsCounty of Los Angeles383 Kenneth Hahn Hall of Administration500 West Temple Street Los Angeles, California 90012 Dear Supervisors:

AUTHORIZE THE DISTRICT ATTORNEY TO ACCEPT GRANT FUNDS FROM THE OFFICE OF TRAFFIC SAFETY AND APPROVE THE APPROPRIATION ADJUSTMENT FOR FEDERAL

FISCAL YEAR (FY) 2016-2017 (ALL DISTRICTS) (4-VOTES)

IT IS RECOMMENDED THAT THE BOARD:

1. Authorize the District Attorney (DA), on behalf of the County of Los Angeles (COUNTY), to accept federal grant funds from the OTS for the Alcohol and Drug Impaired Driver Vertical Prosecution Program, Catalog of Federal Domestic Assistance 20.616, grant award number D11704, governed by the Code of Federal Regulations (2 CFR 200), in the amount of $848,432, for a one-year period of October 1, 2016 to September 30, 2017. There is no required County match for this grant.

2. Authorize the District Attorney or her designee, on behalf of the COUNTY, to serve as Project Director and sign and approve any revisions or amendments to the OTS grant contract that do not increase the Net County Cost of the Project.

3. Authorize the District Attorney or her designee, on behalf of the COUNTY, to approve interim

ordinance authority for (3) positions: three (3) Deputy District Attorney III pending allocation by the Chief Executive Office Classification Division.

4. Approve the attached Appropriation Adjustment in the amount of $848,000 to allocate funding for the program which includes funding for the salaries and employee benefits of 23 percent of one Deputy District Attorney (DDA) IV and three DDA IIIs for FY 2016-17.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION

The purpose of the OTS grant is to create a specialized team of DDAs to develop expertise in cases involving allegations of driving under the influence of alcohol, drugs, or a combination of the two. The majority of this expertise will be obtained by extensive training with subject matter experts from local law enforcement agencies. Once this expertise is obtained, the specialized DDAs will formulate a plan to provide training to other DDAs throughout the District Attorney’s Office and will then implement this plan.

The OTS is designated by the Governor to receive federal traffic safety funds from the United States Department of Transportation, National Highway Traffic Safety Administration, for coordinating California’s highway safety programs. Each year, the OTS develops a Highway Safety Plan (HSP) identifying the key highway safety problems in the state and the most effective countermeasures to address them. OTS then solicits proposals statewide to address the identified problems. Finally, available funds are allocated to state and local governmental agencies to implement traffic safety programs and grants. The District Attorney’s plan to develop expertise and train our prosecutors on topics specific to DUI-D cases has been approved for grant funding from the OTS.

Board approval is required to accept grant funds and satisfy County and State requirements.

Interim ordinance authority will allow for the expedited hiring of the three (3) positions.

Board approval is required to accept additional grant funds for the program from OTS for FY 2016-17. The Request for Appropriation Adjustments is needed in order to align the DA’s budget with the full amount awarded for the program.

FISCAL IMPACT/FINANCING

The total funding awarded to the OTS is $848,432 for a one-year period, October 1, 2016 to September 30, 2017. There is no Net County Cost associated with this program. Approval Appropriation Adjustment in the amount of $848,000 is requested.

In light of the State’s budget situation, if funding for this program were to be terminated, an evaluation would be conducted to determine whether the program would either be continued with costs absorbed by the department, or discontinued with the reallocation of staff to vacant budgeted positions.

FACTS AND PROVISIONS/LEGAL REQUIREMENTS

Traffic fatalities increased 1.2 percent, from 2,966 in 2012 to 3,000 in 2013. According to the 2007

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National Highway Traffic Safety Administration (NHTSA) National Roadside Survey, more than 16 percent of weekend, nighttime drivers tested positive for illegal, prescription, or over-the-counter drugs. More than 11 percent tested positive for illicit drugs. An additional 2009 NHTSA study tested fatally injured drivers and found that nationally 18 percent tested positive for at least one illicit, prescription, or over-the counter drug. This is an increase from a 2005 NHTSA study that found that 13 percent of fatally injured drivers tested positive for at least one drug type. The study also found that 23 percent of California’s 1,678 fatally injured drivers in 2009 tested positive for drugs.

DUI-D cases involve issues that do not directly overlap with driving under the influence of alcohol cases; the physical symptoms of drug impairment and the observational and chemical tests performed to determine if someone is under the influence of a drug include additional and/or different tests from the standard evaluations applicable to alcohol impairment. The fair and ethical prosecution of those who drive while impaired by drugs, or a combination of drugs and alcohol, requires a well-trained prosecutorial staff. The OTS grant is a timely opportunity to provide this training in Los Angeles County, especially given the anticipated increase in the recreational use of marijuana with the passage of Proposition 64, entitled the “Adult Use of Marijuana Act” (AUMA).

IMPACT ON CURRENT SERVICES (OR PROJECTS)

This program proposes the dedication of 23 percent of an existing Grade IV DDA and the creation of three (3) Grade III DDA positions. As such, the DA is subject to the Board Motion of December 15, 1998, requiring advisement to the Board regarding the impact of District Attorney staff augmentation to the Alternate Public Defender (APD), Probation, Public Defender, and Sheriff’s Departments. The impact of this program on Alternate Public Defender services is unknown at this time, but the APD believes the potential increase in cases can be managed with existing resources. The impact on the Probation Department is unknown at this time, as the increased volume of DUI-D cases handled by this new team and consequently referred to the Probation Department is unknown. The grant awarded to the DA’s office will not have a financial impact on the Sheriff’s Department. Any potential impact of this program on the Public Defender would require additional evaluation.

CONCLUSION

Following Board approval, the Executive Officer-Clerk of the Board is requested to return two (2) copies of the adopted Board Letter to Ms. Melanie Rubio, District Attorney’s Office, 211 W. Temple Street, Suite 200, Los Angeles, California 90012. Any questions may be directed to Ms. Rubio at (213) 257-2803.

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JACKIE LACEY

District Attorney

Enclosures

c: Chief Executive Officer Acting County CounselExecutive Officer, Board of Supervisors

Respectfully submitted,

no

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