2009-004-Execute An Agreement With The County Of Santa Clara Relating To The Goals And Objectives Of The DNA Fingerprint, Unsolved Crime And Innocence Protection Act (Prop 69)RESOLUTION 2008 -004
RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT
WITH THE COUNTY OF SANTA CLARA RELATING TO THE GOALS AND OBJECTIVES
OF THE DNA FINGERPRINT, UNSOLVED CRIME AND INNOCENCE PROTECTION ACT
(PROP 69)
WHEREAS:
A. Proposition 69, approved by California voters on November 2, 2004, establishes a
criminal DNA database. Proposition 69 requires the collection of DNA of specified adults who are
required to register their DNA because of the commission of, or the attempt to commit, a felony,
misdemeanor offense.
B. The County of Santa Clara Probation Department collects the DNA of qualifying out -of-
custody adults who are referred by local police departments, including the Los Gatos -Monte Sereno
Police Department. The collection shall include a buccal swab and right thumb print.
C. A proposed agreement between the Town, the City of Monte Sereno and the County is
intended to specify the duties of the parties with regard to the collection of DNA data pursuant to
Proposition 69; to wit, the cities refer persons to County Probation for DNA collection, the parties must
maintain the confidentiality of DNA - related records as required by law, and the parties would cross -
indemnify each other against any claim of liability arising out of the fulfillment of their duties under the
agreement.
RESOLVED:
That the Town Manager is authorized to execute an agreement with the County of Santa Clara
relating to the goals and .objectives of the DNA Fingerprint, Unsolved Crime and Innocence Protection
Act.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California held on the 20th day of January, 2009, by the following vote:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman
NAYS:
ABSENT:
ABSTAIN:
SIGNED :
,ATTEST:
CLERI OF `I'PE "t'ONVN OF LOS GATOS
I,OS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA