2021-29 - Prisoner Housing Legislation

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Referred to Public Safety 6/7/21 10,u_11ock, Kepple, Litten, Neff, RESOLUTION NO.2021-29 By; O'Malley, Rader., Shachner A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor as Director of Public Safety, or her designee, to enter into agreements to house prisoners from other jurisdictions where staffing of the Lakewood Jail and space permits. WHEREAS, over the years Lakewood has entered into various agreements to house Lake- wood prisoners at other facilities to either accommodate prisoner stays that exceed Lakewood Jail's approval or where capacity would be exceeded; and WHEREAS, the City of Fairview Park has approached Lakewood with a request to assist in housing its prisoners during upcoming jail improvements; and WHEREAS, Lakewood would like to be able to reciprocate this service to other entities on a case by case basis where staffing and capacity of Lakewood Jail allows; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lake- wood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that the housing of other jurisdictions prisoners should be made available when Lakewood Jail reopens after renovations; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OFIIO: Section 1. The Mayor as the Director of Public Safety, or her designee, is hereby author- ized to enter into agreements with other jurisdictions for the housing of their prisoners, where Lakewood's staffing and capacity allows, for a daily fee to be established by the Director of Fi- nance based on Lakewood's actual costs in providing such services. Such agreement shall be in substantially the same form as attached in Exhibit "A" and subject to the approval of the Law Director. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 3. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution, and provided it receives the affirmative vote of at least five members of Council, this resolution shall take effect and be in force immediately upon its adoption by the Council and