Agenda Date: 05/19/2020
Subject:
Title
Resolution 10-2020: Approving a Second Amended and Restated Arapahoe County 911 Authority Intergovernmental Agreement
Body
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Prepared by: |
Doug Stephens, Chief of Police |
PURPOSE:
Does city council support approving an amended Intergovernmental Agreement (IGA) with the Arapahoe County 911 Authority?
PRESENTATIONS:
Staff Presenter(s): Doug Stephens, Chief of Police
Additional Presenter(s): N/A
SUMMARY:
The City of Littleton has been a party to an IGA with the Arapahoe County E-911 Emergency Service Authority (the “Authority”) since 1988. The IGA establishes an organizational structure and rules of operation for participants in the E-911 network serving Arapahoe County. The IGA was last amended in 2000. The Authority proposes a restated IGA titled the Second Amended and Restated Arapahoe County 911 Authority Intergovernmental Agreement (the “Second Amended IGA”). There are several proposed changes to the IGA with the primary goal to streamline how the 911 Authority can increase the 911 fee.
Background on the Authority and the 911 fee
The Authority is authorized by C.R.S. § 29-11-102 to impose an emergency telephone charge, commonly known as the “911 fee.” It is imposed monthly on each wireless, wireline, and VoIP telephone line in the Authority’s service area. The 911 fee is currently 70 cents per telephone line. The revenue collected from the 911 fee helps fund 911 service and emergency communications in Arapahoe County and may only be spent in accordance with state law.
State law allows the Authority to increase the 911 fee up to 70 cents. The law requires that the Authority apply with the Colorado Public Utilities Commission (the “PUC”) and obtain approval for any higher rate. In its review of an application to increase the 911 fee, the PUC generally looks to ensure that an applicant’s use of the 911 fee follows state law and that an increase in the 911 fee is in the public interest. Members of the public can provide comments or intervene in the proceeding.
According to the current IGA, besides obtaining the approval of the PUC, the Authority must also obtain approval of two-thirds of the 22 signatories to the Authority’s IGA. This obligation is imposed by the current IGA, not Colorado law, and is prohibitively time consuming due to the 22 individual agencies internal approval processes.
The Authority is governed by a board of directors (the “Board”) comprised of five members appointed by the Arapahoe County Board of County Commissioners (the “BOCC”). The BOCC must appoint two members nominated by fire departments in Arapahoe County, and two members nominated by law enforcement agencies in Arapahoe County. The fifth member is appointed at the discretion of the BOCC. The Board hired an executive director to run the Authority’s day-to-day business.
The Second Amended IGA has several important changes:
Changes in the process required to increase the 911 fee
Foremost, the Second Amended IGA enables the Authority to seek a 911 fee over 70 cents without obtaining the prior approval of the IGA’s 22 parties. Under the First Amended IGA, the Authority must obtain the approval of two-thirds of the parties (see Section VIII of the First Amended IGA). This requirement is in addition to obtaining the approval of the PUC, which is required by statute and discussed above. The Authority’s Board believes it is appropriate to eliminate the requirement of obtaining approval of the parties before increasing the 911 fee above 70 cents. The Board is comprised of members appointed by the BOCC and largely nominated by first responders - so the Board is accountable to the Authority’s stakeholders. The Board is also advised by a technical committee comprised of persons responsible for 911 in their agencies. Further, any increase in the 911 fee above 70 cents must be approved by the PUC. Interested persons can have their voices heard before the PUC which does a rigorous analysis of whether the proposed increase is warranted. The proposed Second Amended IGA does not authorize the Authority to increase the 911 fee, but only to streamline the process to seek such an increase if the Board deems one is necessary. The Board is not seeking an increase to the 911 fee at this time.
911 related costs continue to increase as the PUC authorized a proposal by CenturyLink to migrate the state to next generation 911 (“NG911”). NG911 has resulted in significant one-time costs to each public safety answering point (“PSAP”) in the state, plus increased monthly recurring fees. NG911 is being implemented and will take about two years to be operational statewide. Other PSAP and 911-related systems, including computer aided dispatch (“CAD”) systems, recording systems, consoles, and radios, will also need to be replaced. These systems are also increasing in cost. Finally, the Authority has considered subsidizing 911 call takers and dispatchers in PSAPs, which is specifically authorized in the statute. To assist PSAPs in paying for these and other eligible costs, the Authority may consider increasing the 911 fee above 70 cents.
Lobbying and legislation
The Second Amended IGA also removes the prohibition on the Authority being involved with political lobbying activities, which the First Amended IGA prohibits (see Section IX of the First Amended IGA). In the past several years, the state legislature and Congress have considered issues addressing 911 and emergency communications. Some bills would have had a negative impact on the Authority and 911/emergency communications in Arapahoe County. The Authority was opposed to those bills but was reluctant to express opposition given the prohibition on political lobbying. The Board believes it is vital that Arapahoe County be represented when proposed legislation impacts emergency communications. Removing the prohibition clarifies that the Authority can take positions on and be involved in developing state and federal 911 policy. The Authority does not anticipate hiring a lobbyist but believes that flexibility is important. Other 911 authorities across the state have discussed jointly hiring a lobbyist to represent the larger 911 community’s interests. If appropriate, the Authority might participate in such an effort, although there are no plans to do so. In the past, the Authority worked with lobbyists from the Colorado Municipal League, Colorado Association of Chiefs of Police, the County Sheriffs of Colorado, and the Colorado State Fire Chiefs. However, those entities do not represent 911 interests directly at the legislature.
Name change
The Authority proposes to change its name from the Arapahoe County E-911 Emergency Communications Service Authority to the Arapahoe County 911 Authority.
PRIOR ACTIONS OR DISCUSSIONS:
The City of Littleton has been a party to an IGA with the Arapahoe County E-911 Emergency Service Authority (the “Authority”) since 1988. The IGA was last amended in 2002.
ANALYSIS:
Staff Analysis
The proposed amended IGA will increase efficiency and effectiveness of the Authority by allowing the elected Board to more efficiently manage the Authority’s ability to adapt to changing needs related to E-911 services in Arapahoe County. The current process for a 911 fee increase can take over two years to complete. The self-imposed requirement to obtain approval of 2/3 of the 22 parties to the IGA can take over a year alone since each party requires its own legal review and internal approval. The Authority’s Board of Directors is accountable to the IGA parties and represents their interests in relation to the operations of the Authority. They should be trusted to make responsible decisions regarding the operations of the Authority, including whether to seek needed increases to the E-911 fee. Any proposed fee increase would continue to require a rigorous review and public process through the PUC.
The other proposed updates to the IGA include a name change and the ability to lobby concerning legislation the Board believes affects the interests of the Authority and its members. Legislative changes can, and have, directly affected the operations of the Authority and the service to its members. The Authority should be able to work proactively to address legislative issues which affect Arapahoe County’s E-911 services.
Council Goal, Objective, and/or Guiding Principle
The Arapahoe County E-911 Emergency Communications Authority directly relates to the council’s Strategic Imperative of Collaborative Partnerships. The city is one of 22 parties to the IGA which provides effective E-911 service to Littleton which would be cost-prohibitive for any single agency.
Fiscal Impacts
There is no direct fiscal impact to the city related to this proposed amended IGA.
Alternatives
Do not approve the second amended IGA and continue to operate under the existing IGA.
STAFF RECOMMENDATION:
Staff recommends the resolution approving the second amended IGA be approved.
PROPOSED MOTION:
Proposed Motion
I move to approve the resolution approving a second amended and restated intergovernmental agreement with the Arapahoe County 911 Authority.