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19930413 1993-16 ORDINANCE NO. 1993-16 AN ORDINANCE APPROVING AN AMENDED CHARTER FOR THE NORTHERN VIRGINIA CRIMINAL JUSTICE ACADEMY BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that: 1. Pursuant to Virginia Code Section 15.1-21, the City Council approves an Amended Charter for the Northern Virginia Criminal Justice Academy as proposed by the Academy Board Chairman by letter dated March 11, 1993, and as revised by the Academy by letter dated March 31, 1993, from the Academy's counsel to the City Manager, copies of which letters with the Amended Charter are on file with the City Clerk. 2. The City Manager and the Chief of Police are authorized and directed to execute the Amended Charter on behalf of the City, including any additional minor changes therein, provided that such changes are acceptable to the City Manage rand the Chief of Police and are approved as to form by the City Attorney. This ordinance shall become effective as provided by law. INTRODUCED: PUBLIC HEARING: ADOPTED: March 23, 1993 April 13, 1993 April 13, 1993 Date ATTEST: 1993-16 -2 3/31/93 AMENDED CHARTER OF THE NORTHERN VIRGINIA CRIMINAL JUSTICE ACADEMY This Amended Charter for the Northern Virginia Criminal Justice Academy is adopted by the Counties of Arlington, Loudoun and Prince William, and the Cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park. The Northern Virginia Criminal Justice Academy shall exist under and be subject to the terms and conditions of this Amended Charter and which shall be deemed to constitute the agreement required by Section 15.1-21, Code of Virginia, as amended, for the joint exercise of powers. SECTION 1. DURATION The Northern Virginia Criminal Justice Academy and this Amended Charter shall exist in perpetuity subject, however, to dissolution under one of the following conditions: a. At any time, by agreement of the governing bodies of all of the political subdivisions identified above and other political subdivisions which have subsequently become parties to this Amended Charter. b. In the event any entity which has agreed to have its personnel trained at the Academy desires to cease having its personnel trained at the Academy, it may do so effective June 30 if it has so notified each of the other participants. Such notice shall be in writing and submitted to the other participants on or before December 1 preceding the June 30, withdrawal date. The parties to this Amended Charter acknowledqe that Prince William County has qiven notice that it is~withdrawinq from the Academy effective June 30, 1994, and this withdrawal shall occur automatically on that date without any further action by Prince William County or the Academy Board. c. This Amended Charter may be amended by the concurrence of the governing bodies of all the participating political subdivi- sions. SECTION 2. PARTICIPANTS The following shall be participants in the Academy training program: a. The counties of Arlington, Loudoun and Prince William and the cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park. b. Any other political subdivision of this Commonwealth or 'any political subdivision of another state, which did not partici- pate in the adoption of this Amended Charter may, with the approval of the Academy Board, join in the Amended Charter if it executes this document in accordance with Section 15.1-21, Code of Virginia, 1993-16 -3 1950, as amended. c. The Washington Metropolitan Area Transit Authority Police Department may also become a participant in the Academy if approved by the Academy Board. d. Sheriff's Departments and Regional Jail entities may become participants in the Academy if approved by the Academy Board. e. Other governmental entities or public law enforcement or correctional agencies if approved by the Academy Board. SECTION 3. PURPOSE OF THE ACADEMY The purpose of the Academy is to provide training for sworn law enforcement and correctional officers, and other personnel who assist and support such officers which satisfies the requirements mandated by the Commonwealth of Virginia and such other training as may be determined by the Academy Board. SECTION 4. AGREEMENT TO USE SERVICES OF THE ACADEMY The participants in the Academy shall enter into service agreements with the Academy for training of their personnel. SECTION 5. ORGANIZATION There is hereby created The Northern Virginia Criminal Justice Academy Board which shall be the governing body of the Academy and which shall be composed of the following members, provided that the persons are officials of governmental agencies or entities which participate in the Academy: a. The Chief Executive or Administrative Officers, or designees, of the Counties of Arlington, Loudoun and Prince William; and b. The Chief Executive or Administrative designees, of the Cities of Alexandria, Fairfax, Manassas Park and Manassas. Officers, or Falls Church, c. One member representing the towns which are participants in the Academy, as selected by those jurisdictions by majority vote; and d. The Chief of Police, or designee, of the Counties of Arlington, Prince William, the city of Alexandria, and the Sheriffs of Loudoun County and Arlington County and the City of Alexandria; and e. The Chairman of the Northern Virginia Police Chief's 1993-16 -4 Committee (if not otherwise eligible for membership); and f. Representatives of the Washington Metropolitan Area Transit Authority Police Department, Sheriff's Departments and Regional Jail entities which participate in the Academy and whose representation on the Board is approved by the Board; and g. Representatives of any other participant if approved by the Academy Board. The Board shall conduct meetings as it deems necessary; except that the Board shall hold its Annual Meeting in December, at which time it shall elect its Chairman, Vice-Chairman, and other officers as it may deem appropriate. The Board shall, at the Annual Meeting, adopt a proposed operating budget for the Academy's upcoming Fiscal Year. Robert's Rules of Order, Newly Revised, as amended from time to time, shall govern the conduct of Board meetings, provided that the Board may adopt such modifying rules of procedure as it may deem appropriate. Written minutes of all Board meetings shall be maintained. SECTION 6. POWERS OF THE BOARD The Board shall have the following powers and duties on behalf of the Academy: To appoint an Academy Director and fix compensation and prescribe the Director's powers and responsibilities. To provide the Academy Director with sufficient staff personnel as deemed appropriate by the Board. The Board may provide staff personnel who are already in the employ of a participant, or may contract with others, or both. The Board may also approve the Director hiring full-time Academy personnel who actually are employed by the Academy. To develop and approve Academy Policy, Rules and Regulations. To prepare an annual Academy budget, in connection with which the Board may authorize the Director to expend such funds as budgeted. To authorize the Director (as approved by the Board) to contract with any other person, corporation or entity, public or private, for the furnishing of educational or analytic or other services. To authorize the Director to contract with any participant for 1993-16 -5 necessary administrative and maintenance Services. To provide for an annual audit of Academy finances. To exercise final authority over Academy training programs. While the Board will provide broad policy guidance articulated through its Chairperson or Vice Chairperson to the Director, the Northern Virginia Chiefs' of Police Committee will provide daily, if members of Academy, operational guidance. Should a question arise relative to training programs affecting deputy sheriffs, the Board hereby delegates the policy guidance tasks and obligation to the participating Sheriffs. To enter into service agreements with any governmental entities or authorities to provide training for personnel. To acquire any interest in real or personal property to the full extent permitted by law which the Board determines is necessary or desirable for the purpose of the Academy, including the right to acquire the interest as trustee for all or some of the participating subdivisions. To perform all other acts necessary or convenient for the proper administration of the Academy, and carry out the purposes of the Academy. SECTION 7. FINANCING AND BUDGET The Board shall designate the chief financial officer of one of the participants to act as the Board's fiscal agent, or may contract for its fiscal needs. The Board shall provide for the manner in which and by whom disbursements may be authorized, provided that it shall ensure that the disbursement authorization system is in compliance with the Code of Virginia 1950, as amended. The Board shall be responsible for the annual preparation of an operating budget, and shall submit by January 1 of each year its approved Budget proposal to the governing bodies of the partici- pants. Upon receipt of notice of appropriations by the partici- pants, the Board shall make such adjustments in the budget as may be necessary. The operating budget shall be approved, or adjusted and approved, by the governing bodies of the participants. Each such governing body agrees that for any year in which a participant receives services of the Academy, it shall appropriate to the Academy operation that percentage of the budget that its sworn population represents as compared to the other participants. The number of sworn personnel shall be determined as of October 1 immediately preceding the fiscal year for which the budget is being established. 4 1993-16 -6 Payment of the cost appropriations to the fiscal agent shall be made at quarterly intervals within the fiscal year. The operating budget, and the implementing appropriations, shall take into account and give credit for goods and services furnished in kind by a participant at such fair value to the Academy as may be agreed upon by the Board. SECTION 8. ACQUISITION AND DISPOSITION OF REAL PROPERTY Title to real property which is acquired by all or some participants of the Academy for the purpose of the Academy shall be held in the joint names of the participants so acquiring it or in such other names as the Board and the participants acquiring the property may agree. In the event real property is purchased for the purposes of the Academy, and it is later sold, the net proceeds of the sale shall be used for Academy purposes if the Academy is continuing to provide training for criminal justice personnel which satisfies state mandated standards. If a participant withdraws from the Academy pursuant to Section lb. and real property is titled in that participant's name, that interest shall be conveyed to the Academy if it has been created as a legal entity, if not then to the remaining partici- pants in whose names the real property is also titled or to such other entities as the Board may determine. Regardless of whether real property is titled in a withdrawn participant's name, that participant shall be paid, at the time the property is sold, a proportionate share of the total payments that have been made toward principal for the acquisition of the real property. The proportion shall be the ratio that the total payments made by the withdrawing participant bears to the total payments made by all participants. Transfer or conveyance of property to entities which are providing, or which will make the property available for, training similar to that being provided by the Academy shall not be considered a sale of that property. The real and personal property of the~ Academy including property intended for use of the Academy which is titled in the names of the Academy members may be transferred and conveyed to the Academy at such time as it may become a legal entity without consideration. Notwithstandinq the foreqoinq, nothinq contained in any paraqraph of this Section shall require Prince William County to convey to the Academy or other participants in the Academy its undivided interest in that portion of the property acquired for the Academy by deed recorded in Deed Book 1534 at page 1268 amonq the land records of Prince William County, Virqinia which was not conveyed to Prince William County by deed recorded in Deed Book 1993-16 -7 1813 at page 129 ("Nokesville Property"). In the event the other owners of undivided interests in the Nokesville Property ("Other Owners") shall receive a bona fide offer to purchase the property, and the offer of purchase shall be satisfactory to the Other Owners, the Other Owners shall give Prince William County the privilege of purchasing the property at the price and on the ter~s of the offer so made. This privilege shall be given by a notice sent to the County Executive of Prince William County by registered mail, requiring Prince William County to accept the offer in writing and to sign a suitable contract within the period of thirty (30) days after receipt of notice to purchase the property. Thn failure of Prince William County to accept the offer to purchase or to siqn a contract within the period provided shall nullify and void the right of first refusal, and the Other Owners shall be at liberty to sell the Nokesville Property to any other person, firm or corporation. In the event Prince William County does not purchase the interest of the Other Owners as provided herein, it shall join promptly in the conveyance of the Nokesville Property to the purchaser selected by the Other Owners. Prince William County shall be paid its proportionate share of the proceeds of sale as provided above. The purchaser shall comply with any applicable zoning and land use regulations including any amendments to such regulations. SECTION 9. LIABILITY The Academy, the Academy Board, Academy officers, agents and employees, and participants and their officers, agents and employees shall be immune from lawsuits to the maximum extent permitted by law. Insurance shall be maintained for liability in the amount of at least $1,000,000.00, but maintenance of insurance shall not affect the immunity from lawsuits. SECTION 10. SELECTION CRITERIA FOR ACADEMY DIRECTOR The following qualifications and duties shall apply to the Academy Director: A. OUALIFICATIONS: Candidates for pOsition of Academy Director shall meet the following minimum qualifications: a. Bachelor's degree in criminal justice, public administra- tion, education or related field. An associate degree in combina- tion with experience may be used in lieu of a bachelor's degree. b. Extensive work experience providing considerable knowledge of the criminal justice system with specific experience in the management of criminal justice training or education. Management experience should include agency or agency subunit budget development and execution; personnel recruiting and selection as well as other training management responsibilities. 6 1993-16 the Director will be expected to perform the duties with a minimum of difficulty. c. The Academy Board in its review of candidates may, in its judgment, substitute experience for education or education for experience, provided the resulting criteria are consistent with sound hiring practices and the candidates considered have the required knowledge, skills and abilities to perform the function of Academy director. B. DUTIES: Themanagement, administration and operation of each regional training Academy shall be the responsibility of the Academy director. Accordingly, the Academy director shall: Act as the Academy's fiscal officer Prepare the Academy's annual budget Act as the Academy's purchasing agent Advertise, hire, and train support staff Evaluate, discipline, terminate support staff Establish support staff work schedules Prepare Academy Board governing body meetings agenda in cooperation with the Academy board chairperson Advertise Academy Board governing body meetings Provide liaison to Academy Board governing body members and other officials Develop and continually review Academy curriculum Schedule Academy courses and programs Review instructor lesson plans and tests Ensure that faculty and students comply with Academy bylaws - Review Academy bylaws - Monitor Academy courses and programs Select and evaluate faculty performance Prepare and submit Annual Report to the Academy Board govern- ing body Prepare and distribute Academy training calendar 1993-16 -9 - Instruct students as needed Enter into contracts as needed Assure satellite training as authorized by the Academy Board governing body Ensure compliance with applicable laws and regulations governing Academy operations and programs SECTION 11. TERMINATION The termination of this cooperative endeavor shall occur only as provided for in Section 1 of this Amended Charter. In the event this agreement and Amended Charter is terminated and the functions of the Academy are not assumed or transferred to a legal entity created for that purpose, payment and/or credit for the furnishing and use of real property owned by a participant shall be adjusted ratably to the date of termination. All property shall be scheduled and valued by or at the direction of the Board and distributed in kind to the participants as nearly as is feasible in the same proportion as they contributed to acquiring it, provided, however, that one or more participants may purchase the interest of one or more others in the property. SECTION 12. NONDISCRIMINATION The Academy will have a policy of hiring and promoting the best qualified persons without regard to race, sex, age, religion, handicaps, political affiliation, national origin or other classifications protected by law. SECTION 13. EFFECTIVE DATE OF CHARTER This Charter shall take effect upon approval of the political subdivisions by ordinance of their respective governing boards; and by the attesting of the Authorized Signatories. CITY OF ALEXANDRIA ARLINGTON COUNTY City Manager Chief of Police Date Date County Manager Chief of Police Date Date 8 1993-16 CITY OF FAIRFAX City Manager ' Date Chi~ of Police Da'te PRINCE WILLIAM COUNTY County Executive Date Chief of Police Date CITY OF FALLS CHURCH LOUDOUN COUNTY city Manager Date County Administrator Date Chief of Police Date Sheriff Date CITY OF MANASSAS CITY OF MANASSAS PARK City Manager Date city Manager Date Chief of Police Date Chief of Police Date 2010-3\charterlO 3-31-93 9