07 Staff Report - Goals and Objectives of DNA Fingerprint, Unsolved Crime and Innocence Protection Act
1 DATE: TO: FROM: COUNCIL AGENDA REPORT JANUARY 14,2009 MAYOR AND TOWN COUNCIL ORRY P. KORB, TOWN MEETING DATE: 01-20-2009 AGENDA ITEM: SUBJECT: ADOPT RESOLUTION
AUTHORlZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SANTA CLARA RELATING TO THE GOALS AND OBJECTIVES OF THE DNA FINGERPRlNT, UNSOLVED CRlME AND INNOCENCE PROTECTION
ACT (PROP 69), RECOMMEND/\TION: Adopt resolution authorizing the Town Manager to execute an agreement with the County of Santa Clara relating to the goals and objectives ofthe DNA Fingerprint,
Unsolved Crime and Innocence Protcction Act (Prop 69). DISCUSSION: Proposition 69, approved by California votcrs on November 2,2004, establishes a criminal DNA database. Proposition
69 requires the collection ofDNA of specified adults who are required to register their DNA because of the commission of, or the attempt to commit, a felony or misdemeanor offense. The
County of Santa Clara Probation Depmimcnt collects the DNA of qualifYing out-of-custody adults adults who me referred by local police departments, including the Los Gatos-Monte Sereno
Police Department. The collection shall include a buccal (cheek) swab and right thumb print. Thc proposed agreement is intended to specify the duties ofthc County, the Town and the City
of Monte Sereno with regard to the collection of DNA data pursuant to Proposition 69. In summary, the agreement would require the cities to refer persons to County Probation for DNA
collection. The agreement would also require the parties to maintain the confidentiality of DNA-related records as required by law. Finally, the pmiies to the agreement would cross-indcmnify
each other against any claim of liability arising out of the fulfillment of their duties under the agreement. Attachmcnt: Proposed Resolution PREPARED BY: 0 RRY P. I(ORB, TOWN ATTORlhlEiYlll/wp
[N:\AT\'\Rcpons\J-14-09 Report re Prop 69 Agreement with Reviewed by: Managcr Finance Rev: 1/15/09 1:06 pm Reformatted: 7/19/99 Assistant Town
Manager Community Development Clerk Filcif 301-05
RESOLUTION NO. 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, UNSOLYEO 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 DepaIiment collects the DNA of qualifying out-ofcustody adults who are referred by local police depaIiments, including the Los Gatos-Monte Sereno Police DepaIimcnt. 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 ofthe
paliies with regard to the collection ofDNA data pursuant to Proposition 69; to wit, the cities refer persons to County Probation for DNA collection, the parties must maintain the confidentiality
ofDNA-related records as required by law, and the paliies would cross-indemnify each other against any claim ofliability 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 ofthe 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: COUNCIL
MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 1 of
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