HomeMy WebLinkAboutCCpkt2021-02-23AGENDA
City Council Meeting
Tuesday, February 23, 2021 @ 6:30 PM
Antia
Anna ISD Board Room
201 E. 7th Street, Anna, Texas 75409
or if unable to meet at the Board Room
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The City Council of the City of Anna will meet at 6:30 PM, on February 23, 2021 at the Anna
ISD Board Room, 201 E. 7th Street or if unable to meet there they will meet at Anna City
Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items.
Welcome to the City Council meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item, please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting
starts.
Call to Order, Roll Call and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Neighbor Comments.
At this time, any person may address the City Council regarding an item on this meeting
agenda that is not scheduled for public hearing and any item that is not on this meeting
agenda. The public will be permitted to offer public comments electronically, as provided
by the agenda and as permitted by the presiding officer during the meeting. We are
encouraging neighbors, who wish to speak, to complete a Speaker Registration Form and
submit to City Secretary Carrie Land (cland(cDannatexas.gov) by 5:00 PM so it may be
read into the record. Each person will be allowed up to three (3) minutes to speak. No
discussion or action may be taken at this meeting on items not listed on this agenda, other
than to make statements of specific factual information in response to a citizen's inquiry or
to recite existing policy in response to the inquiry.
4. Reports.
Receive reports from Staff or the City Council about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not including a
change in status of a person's public office or public employment); a reminder about
an upcoming event organized or sponsored by the governing body; information
regarding a social, ceremonial, or community event organized or sponsored by an
entity other than the governing body that was attended or is scheduled to be attended
by a member of the governing body or an official or employee of the municipality, and
announcements involving an imminent threat to the public health and safety of people
in the municipality that has arisen after the posting of the agenda.
a. Legislative Update
b. Process for Communications from Advisory Boards
C. DEEP FREEZE UPDATE
5. Consent Items.
These items consist of non -controversial or "housekeeping" items required by law.
Items may be considered individually by any Council member making such request
prior to a motion and vote on the Consent Items.
a. Approve Police department report on 2020 racial profiling data that will be
submitted to the Texas Commission on Law Enforcement (TCOLE). (Police
Chief Dean Habel)
b. Review minutes of the January 7, 2021 Joint Community Development
Corporation Board and Economic Development Corporation Board Meeting.
(Director of Economic Development Joey Grisham)
C. Approve a Resolution approving a one-year extension of the primary
depository bank services contract with Independent Bank. (Finance Director
Alan Guard)
d. Approve a Resolution approving a Medical Director Services Agreement with
Questcare Medical Services, PLLC in support of EMS services (Fire Chief
Ray Isom).
e. Approve Resolution Determining Cost of Authorized Improvements with
Preliminary SAP and Setting Levy and Assessment Hearing Date for Sherley
Tract Public Improvement District.
f. Approve Resolution Setting Public Hearing to Create a TIRZ to encompass
the Sherley Tract Public Improvement District PID property.
6. Closed Session (Exceptions).
Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed
Session To Discuss Any Items Listed Or Referenced On This Agenda Under The
Following Exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071). Charter provisions; personnel policies; Council procedures;
staff procedures; City ordinances; City contracts; public facilities and related
legal matters.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072).
C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074).
The Council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
7. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
8. Adjourn.
This is to certify that I, Carrie L. Land, City Secretary, posted this agenda at a place readily
accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before
5:00 p.m. on February 19, 2021
Carrie L. Land, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on
this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact
the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
THE CITY OF
manna
AGENDA ITEM:
Legislative Update
SUMMARY:
Item No. 4.a.
City Council Agenda
Staff Report
Meeting Date: 2/23/2021
Staff Contact:
On February 11, 2021, the City Manager attended a meeting where Bennett Sandlin,
the TML Executive Director, provided a detailed update on several current initiatives
being considered by the Texas State Legislature in the current session, that are of
grave concern to cities throughout the State, North Texas and the City of Anna.
The purpose of this update is to inform Council and seek support to officially to either
support or oppose these and other legislative actions that are being considered but
may not be in support of the operations of cities like the City of Anna, a home rule city
in the State of Texas.
While TML effectively acts as a lobbyist on behalf of its over 800 member cities, to
which we are one, TML also asks for support in these efforts, which can include the
passing of local resolutions or ordinances supporting or opposing such actions,
depending upon the issues, and at times testifying at the appropriate hearings on such
topics, or providing supporting documentation "for" or "against," where such efforts on
behalf of the member cities can illustrate the positions of these cities, further citing the
reasons and impacts of such opposition or support.
Several of the greatest concerns being considered in this Legislative session, as
identified by TML, are limiting legislature that would affect home rule city power of self -
governance and regulatory authorities and regulations, limiting local controls of
development, which will affect high growth cities like Anna, impacting potential taxing
authority creating limitations on cities by the initiation of additional unfunded mandates,
creating disparate distribution of wealth by creating fees which will be borne by users of
systems to provide funding for others (future users) and creating development and
growth initiatives that can significantly and adversely affect growth management in
cities like Anna.
The following are examples of the issues which we will be following and seeking
Council support the recommendations presented.
1. Legislative support to provide broadband internet service to underserved areas
where weak or no service exists - While TML supports underserviced areas being
addressed throughout Texas, the State wants to address it, but does not want to fund it,
as there is no funding source available currently for such an initiative. It is more likely to
be a fee -based structured funding mechanism whereby those who have such a service
currently (and are paying for it) would incur an additional charge to their current service
to accumulate revenue to provide that service to those areas without service, in
essence those who have it will pay for those who don't, in both rural and urban areas,
funding the telecommunications industry at the expense of the current users.
Recommendation: Oppose
2. There is legislature to revise the Open Meetings Act with regard to the current
government emergency rules to remain in place after the state of emergency is lifted.
This would allow for open meetings to remain digital as an option after the pandemic,
effectively not requiring a public official to be physically present for meetings to
establish a quorum, as they could "zoom" in, or use some other means to participate
remotely. The shortcomings may be where closed session security could be
compromised allowing those outside of the board to participate without having
authorization to do so.
Recommendation: Support in part
3. There is an effort to revise annexation laws to make it easier to annex across state or
county highways and roads, removing the HB1241 & SB374 restrictions for such.
Recommendation: Support
4. There is an effort to relax the on-line notification of legal notices, eliminating the
unfunded mandate and costs to local government that currently require legal ads in
newspapers by HB1030; should this pass cities could post legal ads digitally by a
means to be determined.
Recommendation: Support
5. There is a recommendation of hard push back on censorship bills (preventing the
cities from hiring lobbyist.) This would eliminate the TML's ability to serve us. As laid
out HB749 SB234 (Rep Hall,) this severely limits our voice on a state level. This
requires the Council to support the interest of cities by opposing this legislature and
may require testimony at the appropriate time.
Recommendation: Oppose
6. S132 — There will be a clean-up bill to S132 from the last session — The idea will come
from all areas of the prior legislature actions.
- Bettencourt wants to remove disaster provision to SB2 claiming that a pandemic is not
a disaster or emergency since there was no loss in infrastructure, they will likely try to
do the same with the current DEEP FREEZE event. If successful they will remove the
8% cap (formerly defined as rollback) and such an action hurts Anna revenue as it does
high growth cities. We had enacted this provision for the FY2021.
- Additionally they want to do away with the 30,000 population cap that would allow for
de minimus calculation approach which provides small cities the option to raise a
specified amount of revenue without an election. This also hurts small cities (like Anna)
limiting their abilities to fund infrastructure needs, to keep up with growth, as impact
fees are already restricted to 50% maximum funding levels of designated projects cost
projections.
- The proposal also provides for having COs to count against the M&O rate which
would result in significant reduction in operating funds and would be catastrophic to all
operations effectively the eliminating the use of COs for any municipal use, again taking
away home rule power to manage finances locally. Typically COs for emergencies,
receive better rates than other forms of debt saving taxpayer money. Bond Counsel
and FAs need to support opposition to these initiatives as well. Staff will coordinate this
effort.
Recommendation: Oppose
7. There are several police initiatives in response to the various event that occurred in
2020, and the resulting discussions on the topics of police reform, defunding, banning
of choke holds, other initiatives related to policing and the funding thereof on the local
level. There are several bills.
- HB638 says you cannot spend any less on public safety including debt. This is a
problem because if you debt serviced a police station or police equipment not you have
to spend that amount each year even if you don't need to.
- A second bill allows spending at 5% but requires an election to enact. This is an
unfunded mandate required to hold elections each year for any police purchase, as
most compensation step plans in place throughout the state have built in increases for
performance which would utilize amounts up to that 5%, so any equipment, materials,
training, operational supplies would require an election to fund.
- HB1692 provides for no defunding unless it is commensurate with all defunding. This
means that in places where the tax base declines commensurate cuts to all municipal
functions would require be required, eliminating a community ability to prioritize its own
needs.
- The Governor has a proposal that says if you defund public safety, the State would
withhold sales tax from cities. TML attorneys have already stated that this
unconstitutional. This would be challenged and likely overturned as such.
To be clear, the city is not opposing or supporting any of the issues noted that are
being used as a justification for the legislative action, we would be opposing the
methodology being proposed which restricts the city's ability to make its own decisions
with regard to budgets of the department we manage.
Recommendation: Oppose
8. Sales tax for internet sales shifting the recipient of the tax to destination of delivery.
There are winners and loses in this one. There will be legislation on both sides of this
issue. TML is neutral on this issue, but will present both sides. Anna would be a winner
if the sales tax is assigned to the destination, since there are more people spending
outside of Anna, purchasing on line where we do not that revenue now.
Recommendation: Varies throughout the State dependent upon retail structure in place;
Anna should support as our population is spending money outside of our boundaries
and this change would result in additional sales tax.
9. There is a move to repeal HB2439 by cities, but not likely to happen. TML is trying to
work with builder's associations and cities. TML needs examples to support the
argument. We will provide our objections and arguments for the effort. As an example,
currently our neighborhood design standards are unenforceable without providing
financial incentives to developers and builders at the expense of our taxpayers.
HB2439 is bad for achieving quality development without taxpayer financial support.
Recommendation: Support
10. HB1538 (and 3 others) This movement will be to allow for issuance of recurring
debt to not require vote when the history has shown repeated overwhelming support of
initiatives. We are seeking more information on this item but generally we would
support items that reduce financial impacts and empower home rule authority.
Recommendation: Support
Staff seeks general feedback from Council and will bring back a resolution(s) at the
appropriate time to issue support, opposition and documentation in support of the TML
actions. The Council as whole can take a position which differs from these
recommendations.
General information: TML will continue to work with the City Manager on legislative
policy going forward.
FINANCIAL IMPACT:
None at this time.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 1: Growing Anna Economy
Goal 2: Anna — Great Place to Live
Goal 2: Anna — Great Place to Live
Goal 4: High Performing, Professional City
STAFF RECOMMENDATION:
No formal action is required at this time; staff seeks general direction and any input on
the Council these issues for future consideration.
ATTACHMENTS:
APPROVALS:
Jim Proce, City Manager Created/Initiated - 2/19/2021
THE CITY OF
Anna
Item No. 4.b.
City Council Agenda
Staff Report
Meeting Date: 2/23/2021
Staff Contact: Ryan Henderson
AGENDA ITEM:
Process for Communications from Advisory Boards
SUMMARY:
Two weeks ago, at the last City Commission meeting, the City heard from many
neighbors expressing concerns regarding the content of a communication from one of
the City's advisory boards. After hearing the concerns of our neighbors, the City of
Anna has established a process -based solution to properly vet and authorize
communications that come from the advisory boards and serving on behalf of the City
Council.
The process will be as follows: all newsletters and updates from our advisory boards
that are intended to share progress on the activities of the boards for our neighbors, will
be reviewed by all members of the participating advisory board. This will assure that the
communication that goes out is a unified and productive message from the board as a
whole. In addition, the Mayor, Mayor Pro-Tem, and Deputy Mayor Pro-Tem will be
provided the communication for final sign -off before its City-wide distribution. Staff will
provide a third review prior if it is to be posted on the City's webpage and specifically on
the board's dedicated page.
This three -layered approach to review all advisory board communications, whether in
the form of a newsletter or message, will promote a unified and consistent message for
our community. This process -based solution will resolve any content -based issues.
FINANCIAL IMPACT:
There is no fiscal impact.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 4: High Performing, Professional City
STAFF RECOMMENDATION:
ATTACHMENTS:
APPROVALS:
Ryan Henderson, Assistant City Manager Created/Initiated - 2/19/2021
Jim Proce, City Manager Final Approval - 2/19/2021
THE CITY OF
Anna
AGENDA ITEM:
DEEPFREEZE UPDATE
SUMMARY:
Item No. 4.c.
City Council Agenda
Staff Report
Meeting Date: 2/23/2021
Staff Contact: Jim Proce
Staff will update Council and neighbors on the status of the DEEP FREEZE weather
event. Presentations from Public Works, Police, Fire, and City Manager's Office will be
provided identifying recovery plans, recognition of efforts, and related discussions.
FINANCIAL IMPACT:
No action required at this time.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 3: Sustainable Anna Community Through Planned Managed Growth
Goal 4: High Performing, Professional City
STAFF RECOMMENDATION:
Presentation for information only.
ATTACHMENTS:
APPROVALS:
Jim Proce, City Manager Created/Initiated - 2/19/2021
City Council
February 23, 2021
Winter Weather Disaster Report
Greg Peters, P.E., Director of Public Works
Ray Isom, Fire Chief/Emergency Management Coordinator
Overview
•Disaster by the Numbers
•Historical Functionality of
the Power Grid in Anna
•Impacts in Anna
•Facility & Operational
Impacts
•Disaster Response
•Resiliency Planning
•Strategic Discussion Points
2
Disaster By The Numbers
•Average temperature of 10.8°from February 14th-16th was the coldest 3-day stretch on record in DFW (record keeping began in 1898)
•4+ inches of snow in Collin County, with an overnight low temperature of -4°F.
•Approximately 4 million homes in Texas completely lost power for multiple days
•A minimum of 2.8 million homes at a time were blacked out during the rolling blackouts, affecting nearly all of the 29 million residents in the State, with few exceptions
•14.9 million people have been under a boil water notice(51% of all Texans)
•More than 32 deaths in Texas have been attributed to the storm
3Sources: FOX, ABC, CBS, NBC, NPR, TCEQ, Washington Post, Texas Tribune
Historical Functionality of the Power Grid in Anna
•Weather events often cause damage to overhead power lines, transformers, and power delivery facilities in Anna.
•Typically, this damage causes blackouts which can last between 1 hour and 4 hours. In rare cases, blackouts can last up to 24 hours.
•Historically both Oncor and GCEC have prioritized the City’s critical infrastructure and get power back to these facilities within hours.
•In recent history, the longest blackout at a critical City facility was for a period of 4-4.5 hours at West Crossing Pump Station during severe weather in 2016.
•During this winter storm neither Oncor or GCEC protected our critical facilities from the rolling blackouts, resulting in critical facilities going dark for long periods of time at irregular intervals.
•In addition, many Anna neighbors lost power completely. Most others received rolling blackouts of varying intervals, reducing the ability of neighbors to heat their homes, run appliances, lights, and the basic residential devices we typically utilize daily.
4
Planning Efforts
•Beginning on Tuesday (2/9/21), the City Manager, Fire Chief/Emergency Management Coordinator, Police Chief, and Public Works Director began preparations for the winter event, including:
•Preparation of materials for pre-treating and sanding roads
•Coordination with TxDOT on plowing and treatment of State roads
•Coordination with Anna ISD on possible emergency use of their facilities
•Coordination with Anna ISD on school closures and road conditions
•Pre-treatment of major roads began on Wednesday (2/10/21), by Public Works Streets staff and TxDOT
•ERCOT, Oncor, and GCEC gave no indication leading up to Monday that they would not protect critical City facilities and infrastructure from rolling blackouts.
5
6
7
Power Grid Failure
•Beginning on Monday (2/15/21), the City of Anna began
experiencing rolling blackouts. During the initiation of
these blackouts, damage was done to the power grid in
Anna, resulting in sustained periods of power loss above
and beyond what Oncor and GCEC originally planned.
•Due to the damage the rolling blackouts caused in many
areas; a major shift occurred in electricity provider’s
typical priority list of re-establishing power:
8
Typical Winter Weather Event Priorities
Critical Infrastructure > Police & Fire > Residential
2021 Winter Storm Disaster
Hospitals > Assisted Living Facilities > Shelters > Critical Infrastructure > Police & Fire
NOTE: Widespread failure of generators at Hospitals and Assisted Living Facilities
caused a major shift in ERCOT priorities.
Infrastructure Impacts in Anna
•Public Street System
•State Roads –TxDOT pre-treated FM 455, SH 5, and US
75, sanded these roads, and performed some plowing
of roads.
•City Thoroughfares –staff completed sanding and de-
icing with our limited winter equipment
•Neighborhood Streets –completely covered in snow
and ice
•Public Water System
•Pump Stations –Pump stations went completely off-
line due to power loss
•Well Sites –Wells went completely off-line due to
power loss, and subsequently froze
•Distribution Network –We discovered 2 main line leaks
and 1 service line leak on the City side
9
Infrastructure Impacts in Anna
•Public Sewer System
•Treatment Plant & Lift Stations
•Operated on generator power during blackouts (most generators installed by developers per City requirements for all lift stations built by developers)
•No sewer overflows reported
•Sewer Collection Network
•Depth of piping kept the mains and sewage from freezing
•Solid Waste Services
•No solid waste service from Monday (2/15/21) thru Friday (2/19/21)
•Neighborhood street conditions were not safe for large truck use
•Low temperatures created unsafe conditions for workers (risk of frostbite in 30 minutes at <10°F)
•Cellular Network and IT
•City Servers and Internet at City Facilities was impacted due to power loss
•AT&T Cellular service utilized by Police/Fire/City staff was intermittent and often down, making communication difficult 10
Facility & Operational Impacts in Anna
•Water Pump Stations
•Supply Impacts
•Lost ability to pump water from GTUA
into storage
•Pressure Impacts
•Lost ability to maintain the minimum
system pressures required to meet TCEQ
standards (25psi)
•Well Sites
•Supply Impacts
•Loss of power allowed well sites to
freeze, reducing our water supply by
more than 50%
•Loss of Well 5 (largest producing well)
created a lack of pressure and supply,
resulting in Sherley ground storage tanks
emptying
11
Facility & Operational
Impacts in Anna
•Public Safety Impacts
•Police and Fire Department
•Loss of power, water, and heat created a very challenging
working environment
•Extreme measures taken to prevent fire engines from freezing
•Collin County Dispatch lost all power causing an adjustment to
9-1-1 operations
•Water and food giveaways taxed manpower due to water leaks,
alarms, and traffic related issues (off-duty personnel were used
when available)
•Despite individual electricity, water, and transportation
challenges, PD and FD maintained 100% attendance for
essential personnel for the duration of the weather event
•Public Works
•Complete loss of power to PW facility
•Loss of SCADA System & Server access (control of water and
sewer facilities)
•Complete loss of water pressure & volume
12
Disaster Response –City
•Phase 1 –Rolling Blackouts
•Administration
•Made multiple pleas to TDEM (Texas Department of Emergency Management), Oncor, and GCEC to protect our critical facilities
•Initiated requests for bottled water and generators through TDEM and Collin County
•Public Works Utility Staff (rotating shift for 24-hr coverage)
•Personnel placed at all pump stations to operate pumps manually during brief periods of power from Oncor and GCEC
•Configured trailer generator at Grayson Pump station to keep Well 8 operational
•Configured and monitored pressure gauges at multiple locations to track falling pressures
•Monitored on-site tank levels due to SCADA system being offline
•Public Works Street Staff (16 hour/day shift)
•Placed sand and salt mix at critical intersections
•Assisted Fire and Police in responding to water leak calls and clearing paths for emergency response vehicles
•Assisted utility staff in monitoring pump stations
•Placed sand and salt mix at AISD facilities 13
Disaster Response –City
•Phase 2 -Recovery
•Bottled Water Distribution (City & CARDS Staff)
•4:30pm-6:30pm, Tuesday thru Sunday
•Over 4,300 cases of water distributed in the drive-thru event
•Bottled Water Bulk Distribution
•Delivered 4 pallets of water to Anna Mobile Home Park and 2 pallets to Palladium Apartments
•Delivered 5 pallets of water to food drive events run by community partners
•Response to calls for service
•Utility and Street staff responded to calls for assistance related to broken residential water pipes, residential water leaks, and reports of no water.
•Political Assistance
•On Wednesday (2/17/21), the Emergency Management Coordinator was informed by Oncor and GCEC that rolling blackouts would be reinstituted.
•Mayor Pike and City staff coordinated with State Representative Scott Sanford, State Senator Drew Springer, and US Representative Van Taylor to protect critical water infrastructure.
•Elected officials were successful in removing Anna’s water pump locations from any further rolling blackouts!
14
Disaster Response –Community Partners
•Many people and organizations stepped up in our time of need, including:
•Grace Point Family Church
•First Baptist Church of Anna
•Pin Oaks Church
•Convoy of Hope
•North Texas Foodbank
•CARDS
•Community volunteers
•Collin County
•TDEMS Staff
•These efforts brought bottled water, food, and warmth to our community when so many needed it most.
15
Our Path Back to Normalcy
•Key Steps
•Return normal water pressures to all Anna
neighborhoods; completed on Friday (2/19/21)
due to consistent supply of AC power
•Rescind the Boil Water Notice; completed ahead
of schedule on Sunday (2/21/21)
•Excess Trash Dump Sites established by CARDS at
Natural Springs Park, Slayter Creek Park, and
Public Works (Sunday/Monday)
•Respond to all requests for utility assistance
(ongoing)
•Assist neighbors with information on how to
address broken residential pipes and FEMA
disaster fund information (ongoing)
•Continue to provide bottled water during service
calls to those without water due to damage in
their home. (ongoing and area-wide)
•Repair all damaged mains and the City side of
water service lines (see photos to right)16
Current CIP Plan –Key Items
•Municipal Complex Construction (under construction)
•Includes generator for Fire/Police/Administration
•Collin Pump Station Expansion (construction planned for this summer)
•Includes new wells and putting ground storage tank into service with new pumps
•Scope includes on-site generator
•Future Generator Installations as Published in FY20-21 Budget (Page 218-219)
•Sherley Pump Station –Planned for FY 22-23
•Powell Pump Station –Planned for FY 22-23
•Well 5 –Planned for FY 23-24
•Future Grayson Pump Station Expansion
•Future pump station project at Public Works
•Scope includes on-site generator
17
Resiliency Planning
•Backup Power and IT for Critical Facilities
•Facility Safety and Weather Protection
•Transportation issues identified future needs in Police Department fleet (4x4)
18
Public Water System Resiliency Plan
•Staff has been working on a resiliency
plan for the City’s public water system
since November of 2020.
•Plummer & Associates was selected
as the consultant to assist in
identifying needs and preparing a
resiliency report with an action plan
of steps to take and capital
investments to make.
•Staff received the draft plan on
February 19th and is reviewing and
making comments. The final plan will
be presented to the City Council at
the second Council Meeting in March.
19
Minimum Water System Needs
•Our facility protection from a power delivery standpoint has changed. It is now clear that we cannot count on GCEC and Oncor to protect our critical facilities from blackouts, or to restore power back to our facilities within a 4-6 hour window.
•The 35kW generators sought during the emergency were only large enough to power a single pump, and no wells. We did not receive any outside generators until Thursday, which was too late to provide assistance.
•Staff has reviewed the minimum water facilities needed to maintain minimum system pressures for our public water system. These facilities include pumps (240v) and wells (480v).
•The delay in receiving assistance demonstrated that if this rare event were to occur again, we need to prepare to provide our own backup power.
20
Minimum Water System Needs
•The minimum facilities required to remain in
service during a long-term power loss are:
•West Crossing Pump Station (480v/240v)
•Sherley Pump Station (480v/240v)
•Well 5 (480v)
•The minimum SCADA system improvements to
ensure resiliency include the replacement of
older infrastructure at multiple locations.
•The SCADA system improvements made in 2018-
2019 were limited to the infrastructure at Public
Works and did not include improvements at our
pump stations and wells.
21
Water Facilities Resiliency Costs
•Generators & Quick Connect Needs (est. $600,000)
•West Crossing Pump Station (350 kW)
•Sherley Pump Station (220 kW)
•Well 5 (350 kW)
•SCADA Resiliency Upgrades (est. $150,000)
•Modern equipment at all critical facilities
22
Strategic Discussion Points
•Staffing Additions
•Creation of dedicated Emergency Management Coordinator FTE
•This position is identified in the current 2020-2023 Strategic Plan for the Anna Fire Department and is proposed for future funding in 2022.
•Creation of a Communication Professional FTE
•Dedicated staff member to issue public statements, provide focused communications to the community, handle media requests, and develop/implement communication and public relations strategies to better engage the public.
•Water Infrastructure Resiliency
•Backup Power –Generators ($600,000)
•Two pad-mounted, one trailer mounted
•SCADA System –Resiliency & Connectivity ($150,000)
•Water Facility Improvements identified in Risk and Resiliency Assessment
•Will be added to our CIP as future projects based on final report
•Facility & IT Infrastructure
•Major improvements are included with Municipal Complex construction
•We will need to consider resiliency as a core component for all future buildings (future fire stations, community facilities, etc.)
23
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 2/23/2021
Staff Contact: Dean Habel
Approve Police department report on 2020 racial profiling data that will be submitted to
the Texas Commission on Law Enforcement (TCOLE). (Police Chief Dean Habel)
SUMMARY:
Police department report on 2020 racial profiling data that will be submitted to the
Texas Commission on Law Enforcement (TCOLE). Included is an analysis of
departmental data, policies, and training conducted by Justice Research Consultants.
FINANCIAL IMPACT:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
STAFF RECOMMENDATION:
ATTACHMENTS:
1. 2020 Racial Profiling Report
2. 2020 Racial Profiling Report Power Point
APPROVALS:
Dean Habel, Police Chief Created/Initiated - 2/19/2021
Jim Proce, City Manager Final Approval - 2/19/2021
ANNA POLICE DEPARTMENT
2020
RACIAL PROFILING
ANALYSIS
STATUTORY REQUIREMENTS
Articles 2.132-2.134 of the Texas Code of Criminal Procedure (CCP) require the
annual reporting of data collected on motor vehicle stops in which a citation or
warning were issued and/or arrests were made as a result of the stop. The
statute also directs that an agency should conduct a comparative analysis of
the data compiled. The information gathered is required to be submitted
annually to the Texas Commission on Law Enforcement (TCOLE).
THIRD PARTY ANALYSIS
The City contracted with Justice Research Consultants to conduct
a comprehensive analysis of:
• Policies and procedures
• Statistical traffic stop data
• Departmental training
• Complaint process and public education
• Reporting
• Legal compliance
- o
I Nd
L,
FINDINGS
Justice Research Consultants found that the Anna Police
Department is in full statutory compliance with CCP 2.132-2.134
regarding all policies, data collection/analysis, training, reporting,
and public education on the complaint filing process
TRAFFIC STOP DATA AND
DEMOGRAPHICS
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RACIAL PROFILING REPORT
• The full report is attached to this agenda item
• Findings will be shared with the Diversity &
Inclusion Board and Law Enforcement Sub-
committee
• A link to the report will be made available on the
police department's website
• Statistical data will be forwarded to TCOLE as is
required by law
ANNA POLICE DEPARTMENT
2020
RACIAL PROFILING
ANALYSIS
STATUTORY REQUIREMENTS
Articles 2.132-2.134 of the Texas Code of Criminal Procedure (CCP) require the
annual reporting of data collected on motor vehicle stops in which a citation or
warning were issued and/or arrests were made as a result of the stop. The
statute also directs that an agency should conduct a comparative analysis of
the data compiled. The information gathered is required to be submitted
annually to the Texas Commission on Law Enforcement (TCOLE).
THIRD PARTY ANALYSIS
The City contracted with Justice Research Consultants to conduct
a comprehensive analysis of:
• Policies and procedures
• Statistical traffic stop data
• Departmental training
• Complaint process and public education
• Reporting
• Legal compliance
- o
I Nd
L,
FINDINGS
Justice Research Consultants found that the Anna Police
Department is in full statutory compliance with CCP 2.132-2.134
regarding all policies, data collection/analysis, training, reporting,
and public education on the complaint filing process
TRAFFIC STOP DATA AND
DEMOGRAPHICS
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RACIAL PROFILING REPORT
• The full report is attached to this agenda item
• Findings will be shared with the Diversity &
Inclusion Board and Law Enforcement Sub-
committee
• A link to the report will be made available on the
police department's website
• Statistical data will be forwarded to TCOLE as is
required by law
ANNA
POLICE DEPARTMENT
2020
RACIAL PROFILING ANALYSIS
PREPARED BY:
Eric J. Fritsch, Ph.D.
Chad R. Trulson, Ph.D.
Justice Research Consultants, LLC
Executive Summary
Article 2.132-2.134 of the Texas Code of Criminal Procedure (CCP) requires the annual
reporting to the local governing body of data collected on motor vehicle stops in which a ticket,
citation, or warning was issued and to arrests made as a result of those stops, in addition to data
collection and reporting requirements. Article 2.134 of the CCP directs that “a comparative
analysis of the information compiled under 2.133” be conducted, with specific attention to the
below areas:
1. evaluate and compare the number of motor vehicle stops, within the applicable
jurisdiction, of persons who are recognized as racial or ethnic minorities and persons
who are not recognized as racial or ethnic minorities;
2. examine the disposition of motor vehicle stops made by officers employed by the
agency, categorized according to the race or ethnicity of affected persons, as
appropriate, including any searches resulting from stops within the applicable
jurisdiction;
3. evaluate and compare the number of searches resulting from motor vehicle stops
within the applicable jurisdiction and whether contraband or other evidence was
discovered in the course of those searches; and
4. information relating to each complaint filed with the agency alleging that a peace
officer employed by the agency has engaged in racial profiling.
The analysis of material and data from the Anna Police Department revealed the following:
• A COMPREHENSIVE REVIEW OF THE ANNA POLICE DEPARTMENT REGULATIONS,
SPECIFICALLY POLICY 401 OUTLINING THE DEPARTMENT’S POLICY CONCERNING BIAS-
BASED PROFILING, AND POLICY 1010 ON PERSONNEL COMPLAINTS, SHOWS THAT THE
ANNA POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2.132 OF THE
TEXAS CODE OF CRIMINAL PROCEDURE.
• A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION
REVEALS THAT THE ANNA POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH
TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING.
• A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT
AND ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE
WITH APPLICABLE TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND
PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS.
• ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE
WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA.
• THE ANNA POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS
LAW CONCERNING THE REPORTING OF INFORMATION TO TCOLE.
• THE ANNA POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS
LAW REGARDING CCP ARTICLES 2.132-2.134.
Introduction
This report details an analysis of the Anna Police Department’s policies, training, and statistical
information on racial profiling for the year 2020. This report has been prepared to specifically
comply with Article 2.132, 2.133, and 2.134 of the Texas Code of Criminal Procedure (CCP)
regarding the compilation and analysis of traffic stop data. Specifically, the analysis will address
Articles 2.131 – 2.134 of the CCP and make a determination of the level of compliance with
those articles by the Anna Police Department in 2020. The full copies of the applicable laws
pertaining to this report are contained in Appendix A.
This report is divided into six sections: (1) Anna Police Department’s policy on racial profiling;
(2) Anna Police Department’s training and education on racial profiling; (3) Anna Police
Department’s complaint process and public education on racial profiling; (4) analysis of Anna
Police Department’s traffic stop data; (5) additional traffic stop data to be reported to TCOLE;
and (6) Anna Police Department’s compliance with applicable laws on racial profiling.
For the purposes of this report and analysis, the following definition of racial profiling is used:
racial profiling means a law enforcement-initiated action based on an individual's race, ethnicity,
or national origin rather than on the individual's behavior or on information identifying the
individual as having engaged in criminal activity (Texas CCP Article 3.05).
Anna Police Department Policy on Racial Profiling
A review of Anna Police Department Policy 401 “Bias-Based Policing” and Policy 1010
“Personnel Complaints” revealed that the department has adopted policies to be in compliance
with Article 2.132 of the Texas CCP (see Appendix B). There are seven specific requirements
mandated by Article 2.132 that a law enforcement agency must address. All seven are clearly
covered in Policy 401 and Policy 1010. Anna Police Department regulations provide clear
direction that any form of bias-based profiling is prohibited and that officers found engaging in
inappropriate profiling may be disciplined in accordance with Policy 1010. The regulations also
provide a very clear statement of the agency’s philosophy regarding equal treatment of all
persons regardless of race or ethnicity. Appendix C lists the applicable statute and
corresponding Anna Police Department regulation.
A COMPREHENSIVE REVIEW OF ANNA POLICE DEPARTMENT POLICY 401 AND POLICY 1010 SHOWS
THAT THE ANNA POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2.132 OF THE
TEXAS CODE OF CRIMINAL PROCEDURE.
Anna Police Department Training and Education on Racial Profiling
Texas Occupation Code § 1701.253 and § 1701.402 require that curriculum be established and
training certificates issued on racial profiling for all Texas Peace officers. Documentation
provided by Anna Police Department reveals that all officers have received bias-based/racial
profiling training.
A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT
THE ANNA POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON TRAINING AND
EDUCATION REGARDING RACIAL PROFILING.
Anna Police Department Complaint Process and Public Education on Racial
Profiling
Article 2.132 §(b)3-4 of the Texas Code of Criminal Procedure requires that law enforcement
agencies implement a complaint process on racial profiling and that the agency provide public
education on the complaint process. Anna Police Department Policy 401, Section 401.8
“Compliments and Complaints”, satisfies this requirement. In addition, Anna Police Department
has information regarding how to file a complaint on their website
(https://www.annatxpolice.org/commendations-complaints).
A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT AND
ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE
TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT THE
COMPLAINT PROCESS.
Anna Police Department Statistical Data on Racial Profiling
Article 2.132(b) 6 and Article 2.133 requires that law enforcement agencies collect statistical
information on motor vehicle stops in which a ticket, citation, or warning was issued and to
arrests made as a result of those stops, in addition to other information noted previously. Anna
Police Department submitted statistical information on all motor vehicle stops in 2020 and
accompanying information on the race/ethnicity of the person stopped. Accompanying this data
was the relevant information required to be collected and reported by law.
ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH
APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA.
Analysis of the Data
Comparative Analysis #1:
Evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of
persons who are recognized as racial or ethnic minorities and persons who are not recognized
as racial or ethnic minorities. Texas Code of Criminal Procedure Article 2.134(c)(1)(A)
The first chart depicts the percentages of people stopped by race/ethnicity among the total 2,824
motor vehicle stops in which a ticket, citation, or warning was issued, including arrests made, in
2020.1
1 There were 20 motor vehicle stops of drivers considered Alaska Native/American Indian. These motor vehicle
stops were not charted in the first figure of this report due to the small number of cases relative to the population and
the total number of motor vehicle stops among all drivers (2,824).
White drivers constituted 64.84 percent of all drivers stopped, whereas Whites constitute 63.30
percent of the city population, 55.00 percent of the county population, and 45.00 percent of the
region population.2
Black drivers constituted 18.24 percent of all drivers stopped, whereas Blacks constitute 13.70
percent of the city population, 10.30 percent of the county population, and 16.00 percent of the
region population.
Hispanic drivers constituted 14.20 percent of all drivers stopped, whereas Hispanics constitute
15.80 percent of the city population, 15.50 percent of the county population, and 29.00 percent of
the region population.
Asian drivers constituted 2.02 percent of all drivers stopped, whereas Asians constitute 6.00
percent of the city population, 16.20 percent of the county population, and 7.00 percent of the
region population.
The chart shows that White drivers are stopped at rates higher than the percentage of Whites
found in the city, county, and regional population. Black drivers are stopped at rates higher than
the percentage of Blacks found in the city, county, and regional population. Hispanic drivers are
stopped at rates lower than the percentage of Hispanics found in the city, county, and regional
population. Asian drivers are stopped at rates lower than the percentage of Asians found in the
city, county, and regional population.
2 City and County populations were derived from 2019 American Community Survey (ACS) estimates of the U.S.
Census Bureau. Regional population figures were also derived from 2019 ACS estimates. Region is defined as the
16 county Dallas-Ft. Worth Area including the following counties: Collin, Dallas, Denton, Ellis, Erath, Hood, Hunt,
Johnson, Kaufman, Navarro, Palo Pinto, Parker, Rockwall, Somervell, Tarrant, and Wise.
Methodological Issues
Upon examination of the data, it is important to note that differences in overall stop rates of a
particular racial or ethnic group, compared to that racial or ethnic group’s proportion of the
population, cannot be used to make determinations that officers have or have not racially
profiled any given individual motorist. Claims asserting racial profiling of an individual motorist
from the aggregate data utilized in this report are erroneous.
For example, concluding that a particular driver of a specific race/ethnicity was racially profiled
simply because members of that particular racial/ethnic group as a whole were stopped at a
higher rate than their proportion of the population—are as erroneous as claims that a particular
driver of a specific race/ethnicity could NOT have been racially profiled simply because the
percentage of stops among members of a particular racial/ethnic group as a whole were stopped
at a lower frequency than that group’s proportion of the particular population base (e.g., city or
county population). In short, aggregate data as required by law and presented in this report
cannot be used to prove or disprove that a member of a particular racial/ethnic group was racially
profiled. Next, we discuss the reasons why using aggregate data—as currently required by the
state racial profiling law—are inappropriate to use in making claims that any individual motorist
was racially profiled.
Issue #1: Using Group-Level Data to Explain Individual Officer Decisions
The law dictates that police agencies compile aggregate-level data regarding the rates at which
agencies collectively stop motorists in terms of their race/ethnicity. These aggregated data are to
be subsequently analyzed in order to determine whether or not individual officers are “racially
profiling" motorists. This methodological error, commonly referred to as the "ecological fallacy,"
defines the dangers involved in making assertions about individual officer decisions based on the
examination of aggregate stop data. In short, one cannot prove that an individual officer has
racially profiled any individual motorist based on the rate at which a department stops any
given group of motorists. In sum, aggregate level data cannot be used to assess individual
officer decisions, but the state racial profiling law requires this assessment.
Issue #2: Problems Associated with Population Base-Rates
There has been considerable debate as to what the most appropriate population “base-rate” is in
determining whether or not racial/ethnic disparities exist. The base-rate serves as the benchmark
for comparison purposes. The outcome of analyses designed to determine whether or not
disparities exist is dependent on which base-rate is used. While this report utilized the most
recent 2019 ACS estimates as a population base-rate, this population measure can become
quickly outdated and may not keep pace with changes experienced in city and county and
regional population measures.
In addition, the validity of the benchmark base-rate becomes even more problematic if analyses
fail to distinguish between residents and non-residents who are stopped. This is because the
existence of significant proportions of non-resident stops will lead to invalid conclusions if
racial/ethnic comparisons are made exclusively to resident population figures. In sum, a valid
measure of the driving population does not exist. As a proxy, census data is used which is
problematic as an indicator of the driving population. In addition, stopped motorists who are
not residents of the city, county, or region where the motor vehicle stop occurred are not
included in the benchmark base-rate.
In short, the methodological problems outlined above point to the limited utility of using
aggregate level comparisons of the rates at which different racial/ethnic groups are stopped in
order to determine whether or not racial profiling exists within a given jurisdiction.
Table 1 reports the summaries for the total number of motor vehicle stops in which a ticket,
citation, or warning was issued, and to arrests made as a result of those stops, by the Anna Police
Department in 2020. Table 1 and associated analyses are utilized to satisfy the comparative
analyses as required by Texas law, and in specific, Article 2.134 of the CCP.
Comparative Analysis #2:
Examine the disposition of motor vehicle stops made by officers employed by the agency,
categorized according to the race or ethnicity of affected persons, as appropriate, including any
searches resulting from stops within the applicable jurisdiction. Texas Code of Criminal
Procedure Article 2.134(c)(1)(B)
Table 1: Traffic Stops and Outcomes by Race/Ethnicity
Stop Outcomes by
Race/Ethnicity
White Black Hispanic
/Latino
Asian
/Pacific
Islander
Alaska Native
/American
Indian
Total
Number of Stops 1,831 515 401 57 20 2,824
Result of Stop
Verbal Warning 0 0 0 0 0 0
Written Warning 1,340 362 190 36 16 1,944
Citation 475 150 204 21 4 854
Written Warning and
Arrest 3 1 2 0 0 6
Citation and Arrest 13 2 5 0 0 20
Arrest 0 0 0 0 0 0
Search Conducted
Yes 44 19 8 1 0 72
No 1,787 496 393 56 20 2,752
As shown in Table 1, there were a total of 2,824 motor vehicle stops in 2020 in which a ticket,
citation, or warning was issued. The table also shows arrests made as a result of those stops.
Roughly 69 percent of stops resulted in a written warning and roughly 30 percent resulted in a
citation. These actions accounted for roughly 99 percent of all stop actions and will be the focus
of the below discussion.
Specific to written warnings, White motorists received a written warning in roughly 73 percent
of stops involving White motorists (1,340/1,831), Black motorists received a written warning in
roughly 70 percent of stops of Black motorists, Hispanic motorists received a written warning in
roughly 47 percent of stops of Hispanic motorists, and Asian motorists received a written
warning in roughly 63 percent of stops of Asian motorists.
White motorists received a citation in roughly 26 percent of stops involving White motorists
(475/1,831), Black motorists received a citation in roughly 29 percent of stops of Black
motorists, Hispanic motorists received a citation in roughly 51 percent of stops of Hispanic
motorists, and Asian motorists received a citation in roughly 37 percent of stops of Asian
motorists.
Finally, arrests were rare in 2020. Of the 2,824 total stops, only 26 arrests [written warning and
arrest (6) and citation and arrest (20)] were made in 2020.
Comparative Analysis #3:
Evaluate and compare the number of searches resulting from motor vehicle stops within the
applicable jurisdiction and whether contraband or other evidence was discovered in the course
of those searches. Texas Code of Criminal Procedure Article 2.134(c)(1)(C)
In 2020, a total of 72 searches of motorists were conducted, or roughly 3 percent of all stops
resulted in a search. Among searches within each racial/ethnic group, White motorists were
searched in roughly 2 percent of all stops of White motorists (44/1,831), Black motorists were
searched in roughly 4 percent of all stops of Black motorists, Hispanic motorists were searched
in roughly 2 percent of all stops of Hispanic motorists, and Asian motorists were searched in less
than 2 percent of all stops of Asian motorists.
Regarding searches, it should be further noted that only 8 searches (see Table 3) were based on
consent, which are regarded as discretionary as opposed to non-discretionary searches. Relative
to the total number of stops (2,824), discretionary consent searches occurred in 0.28 percent of
stops.
Of the searches that occurred in 2020, and as shown in Table 3, contraband was discovered in 58
or roughly 81 percent of all searches (58/72 total searches).
Comparative Analysis #4:
Information relating to each complaint filed with the agency alleging that a peace officer
employed by the agency has engaged in racial profiling. Texas Code of Criminal Procedure
Article 2.134(c)(2)
In 2020, internal records indicate that the Anna Police Department received no complaints
alleging that a peace officer employed by the agency engaged in racial profiling.
Additional Analysis:
Statistical analysis of motor vehicle stops relative to the gender population of the agency’s
reporting area. This analysis is presented in the report based on a December 2020 email sent
from TCOLE to law enforcement executives in Texas.
In 2020, 2,824 motor vehicle stops were made by the Anna Police Department. Of these stops,
1,104 or roughly 39 percent were female motorists (1,104/2,824), and roughly 61 percent were
male motorists (see Table 4 below).
According to 2019 American Community Survey (ACS) city and county population estimates of
the U.S. Census Bureau, the City of Anna was composed of 52.3 percent females and 47.7
percent males. County population 2019 ACS estimates indicate that females accounted for 50.7
percent of the county population and males accounted for 49.3 percent of the county population.
Overall, in 2020, males were stopped at rates higher than their proportion of the city and county
populations.
Additional Information Required to be Reported to TCOLE
Tables 2-4 provide additional information relative to motor vehicle stops in 2020 by the Anna
Police Department. The data are required to be collected by the Anna Police Department under
the Texas Code of Criminal Procedure Article 2.133.3
3 Note in Table 3 that the number of searches in which contraband was found equals 58, but the Description of
Contraband field indicates 64 items of contraband found. This occurs because more than one form of contraband
can be found in a single search.
Table 2: Data on Traffic Stops and Arrests
Stop Table
Frequency
Number of Stops 2,824
Reason for Stop
Violation of Law 118
Preexisting Knowledge 32
Moving Traffic Violation 1,846
Vehicle Traffic Violation 828
Result of Stop
Verbal Warning 0
Written Warning 1,944
Citation 854
Written Warning and Arrest 6
Citation and Arrest 20
Arrest 0
Arrest Based On
Violation of Penal Code 22
Violation of Traffic Law 1
Violation of City Ordinance 0
Outstanding Warrant 3
Table 3: Data on Searches Pursuant to Traffic Stops Search Table
Frequency
Search Conducted
Yes 72
No 2,752
Reason for Search
Consent 8
Contraband in Plain View 2
Probable Cause 54
Inventory 3
Incident to Arrest 5
Was Contraband Discovered
Yes 58
No 14
Description of Contraband
Drugs 47
Currency 0
Weapons 1
Alcohol 8
Stolen Property 2
Other 6
Table 4: Additional Data on Traffic Stops
Additional Information
Frequency
Gender
Female 1,104
Male 1,720
Race/Ethnicity Known Prior to
Stop
Yes 39
No 2,785
Was Physical Force Resulting in
Bodily Injury Used During Stop
Yes 0
No 2,824
Approximate Location of Stop
City Street 1,577
US Highway 812
County Road 73
State Highway 315
Private Property/Other 47
Analysis of Racial Profiling Compliance by Anna Police Department
The foregoing analysis shows that the Anna Police Department is fully in compliance with all
relevant Texas laws concerning racial profiling, including the existence of a formal policy
prohibiting racial profiling by its officers, officer training and educational programs, a
formalized complaint process, and the collection and reporting of data in compliance with the
law.
In addition to providing summary reports and analysis of the data collected by the Anna Police
Department in 2020, this report also included an extensive presentation of some of the
limitations involved in the level of data collection currently required by law and the
methodological problems associated with analyzing such data for the Anna Police Department as
well as police agencies across Texas.
Appendix A: Racial Profiling Statutes and Laws
Texas Racial Profling Statutes
Art. 3.05. RACIAL PROFILING.
In this code, "racial profiling" means a law enforcement-
initiated action based on an individual's race, ethnicity, or
national origin rather than on the individual's behavior or on
information identifying the individual as having engaged in
criminal activity.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 2, eff. Sept. 1,
2001.
Art. 2.131. RACIAL PROFILING PROHIBITED.
A peace officer may not engage in racial profiling.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,
2001.
Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING.
(a) In this article:
(1) "Law enforcement agency" means an agency of the
state, or of a county, municipality, or other
political subdivision of the state, that employs peace
officers who make motor vehicle stops in the routine
performance of the officers' official duties.
(2) "Motor vehicle stop" means an occasion in which a
peace officer stops a motor vehicle for an alleged
violation of a law or ordinance.
(3) "Race or ethnicity" means the following
categories:
(A) Alaska native or American Indian;
(B) Asian or Pacific Islander;
(C) black;
(D) white; and
(E) Hispanic or Latino.
(b) Each law enforcement agency in this state shall adopt
a detailed written policy on racial profiling. The policy
must:
(1) clearly define acts constituting racial
profiling;
(2) strictly prohibit peace officers employed by the
agency from engaging in racial profiling;
(3) implement a process by which an individual may
file a complaint with the agency if the individual
believes that a peace officer employed by the agency
has engaged in racial profiling with respect to the
individual;
(4) provide public education relating to the agency's
compliment and complaint process, including providing
the telephone number, mailing address, and e-mail
address to make a compliment or complaint with respect
to each ticket, citation, or warning issued by a peace
officer;
(5) require appropriate corrective action to be taken
against a peace officer employed by the agency who,
after an investigation, is shown to have engaged in
racial profiling in violation of the agency's policy
adopted under this article;
(6) require collection of information relating to
motor vehicle stops in which a ticket, citation, or
warning is issued and to arrests made as a result of
those stops, including information relating to:
(A) the race or ethnicity of the individual
detained;
(B) whether a search was conducted and, if so,
whether the individual detained consented to the
search;
(C) whether the peace officer knew the race or
ethnicity of the individual detained before
detaining that individual;
(D) whether the peace officer used physical
force that resulted in bodily injury, as that
term is defined by Section 1.07, Penal Code,
during the stop;
(E) the location of the stop; and
(F) the reason for the stop; and
(7) require the chief administrator of the agency,
regardless of whether the administrator is elected,
employed, or appointed, to submit an annual report of
the information collected under Subdivision (6) to:
(A) the Texas Commission on Law Enforcement; and
(B) the governing body of each county or
municipality served by the agency, if the agency
is an agency of a county, municipality, or other
political subdivision of the state.
(c) The data collected as a result of the reporting
requirements of this article shall not constitute prima
facie evidence of racial profiling.
(d) On adoption of a policy under Subsection (b), a law
enforcement agency shall examine the feasibility of
installing video camera and transmitter-activated equipment
in each agency law enforcement motor vehicle regularly used
to make motor vehicle stops and transmitter-activated
equipment in each agency law enforcement motorcycle
regularly used to make motor vehicle stops. The agency
also shall examine the feasibility of equipping each peace
officer who regularly detains or stops motor vehicles with
a body worn camera, as that term is defined by Section
1701.651, Occupations Code. If a law enforcement agency
installs video or audio equipment or equips peace officers
with body worn cameras as provided by this subsection, the
policy adopted by the agency under Subsection (b) must
include standards for reviewing video and audio
documentation.
(e) A report required under Subsection (b)(7) may not
include identifying information about a peace officer who
makes a motor vehicle stop or about an individual who is
stopped or arrested by a peace officer. This subsection
does not affect the collection of information as required
by a policy under Subsection (b)(6).
(f) On the commencement of an investigation by a law
enforcement agency of a complaint described by Subsection
(b)(3) in which a video or audio recording of the
occurrence on which the complaint is based was made, the
agency shall promptly provide a copy of the recording to
the peace officer who is the subject of the complaint on
written request by the officer.
(g) On a finding by the Texas Commission on Law
Enforcement that the chief administrator of a law
enforcement agency intentionally failed to submit a report
required under Subsection (b)(7), the commission shall
begin disciplinary procedures against the chief
administrator.
(h) A law enforcement agency shall review the data
collected under Subsection (b)(6) to identify any
improvements the agency could make in its practices and
policies regarding motor vehicle stops.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 25,
eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.05,
eff. May 18, 2013.
Acts 2017, 85th Leg., R.S., Ch. 173 (H.B. 3051), Sec. 1,
eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.01,
eff. September 1, 2017.
Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS.
(a) In this article, "race or ethnicity" has the meaning
assigned by Article 2.132(a).
(b) A peace officer who stops a motor vehicle for an
alleged violation of a law or ordinance shall report to the
law enforcement agency that employs the officer information
relating to the stop, including:
(1) a physical description of any person operating
the motor vehicle who is detained as a result of the
stop, including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by
the person or, if the person does not state the
person's race or ethnicity, as determined by the
officer to the best of the officer's ability;
(2) the initial reason for the stop;
(3) whether the officer conducted a search as a
result of the stop and, if so, whether the person
detained consented to the search;
(4) whether any contraband or other evidence was
discovered in the course of the search and a
description of the contraband or evidence;
(5) the reason for the search, including whether:
(A) any contraband or other evidence was in
plain view;
(B) any probable cause or reasonable suspicion
existed to perform the search; or
(C) the search was performed as a result of the
towing of the motor vehicle or the arrest of any
person in the motor vehicle;
(6) whether the officer made an arrest as a result of
the stop or the search, including a statement of
whether the arrest was based on a violation of the
Penal Code, a violation of a traffic law or ordinance,
or an outstanding warrant and a statement of the
offense charged;
(7) the street address or approximate location of the
stop;
(8) whether the officer issued a verbal or written
warning or a ticket or citation as a result of the
stop; and
(9) whether the officer used physical force that
resulted in bodily injury, as that term is defined by
Section 1.07, Penal Code, during the stop.
(c) The chief administrator of a law enforcement agency,
regardless of whether the administrator is elected,
employed, or appointed, is responsible for auditing reports
under Subsection (b) to ensure that the race or ethnicity
of the person operating the motor vehicle is being
reported.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 26,
eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.02,
eff. September 1, 2017.
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION
COLLECTED.
(a) In this article:
(1) "Motor vehicle stop" has the meaning assigned by
Article 2.132(a).
(2) "Race or ethnicity" has the meaning assigned by
Article 2.132(a).
(b) A law enforcement agency shall compile and analyze the
information contained in each report received by the agency
under Article 2.133. Not later than March 1 of each year,
each law enforcement agency shall submit a report
containing the incident-based data compiled during the
previous calendar year to the Texas Commission on Law
Enforcement and, if the law enforcement agency is a local
law enforcement agency, to the governing body of each
county or municipality served by the agency.
(c) A report required under Subsection (b) must be
submitted by the chief administrator of the law enforcement
agency, regardless of whether the administrator is elected,
employed, or appointed, and must include:
(1) a comparative analysis of the information
compiled under Article 2.133 to:
(A) evaluate and compare the number of motor
vehicle stops, within the applicable
jurisdiction, of persons who are recognized as
racial or ethnic minorities and persons who are
not recognized as racial or ethnic minorities;
(B) examine the disposition of motor vehicle
stops made by officers employed by the agency,
categorized according to the race or ethnicity of
the affected persons, as appropriate, including
any searches resulting from stops within the
applicable jurisdiction; and
(C) evaluate and compare the number of searches
resulting from motor vehicle stops within the
applicable jurisdiction and whether contraband or
other evidence was discovered in the course of
those searches; and
(2) information relating to each complaint filed with
the agency alleging that a peace officer employed by
the agency has engaged in racial profiling.
(d) A report required under Subsection (b) may not include
identifying information about a peace officer who makes a
motor vehicle stop or about an individual who is stopped or
arrested by a peace officer. This subsection does not
affect the reporting of information required under Article
2.133(b)(1).
(e) The Texas Commission on Law Enforcement, in accordance
with Section 1701.162, Occupations Code, shall develop
guidelines for compiling and reporting information as
required by this article.
(f) The data collected as a result of the reporting
requirements of this article shall not constitute prima
facie evidence of racial profiling.
(g) On a finding by the Texas Commission on Law
Enforcement that the chief administrator of a law
enforcement agency intentionally failed to submit a report
required under Subsection (b), the commission shall begin
disciplinary procedures against the chief administrator.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 27,
eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.06,
eff. May 18, 2013.
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.03,
eff. September 1, 2017.
Art. 2.136. LIABILITY.
A peace officer is not liable for damages arising from an act
relating to the collection or reporting of information as
required by Article 2.133 or under a policy adopted under
Article 2.132.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,
2001.
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT.
(a) The Department of Public Safety shall adopt rules for
providing funds or video and audio equipment to law
enforcement agencies for the purpose of installing video
and audio equipment in law enforcement motor vehicles and
motorcycles or equipping peace officers with body worn
cameras, including specifying criteria to prioritize
funding or equipment provided to law enforcement agencies.
The criteria may include consideration of tax effort,
financial hardship, available revenue, and budget
surpluses. The criteria must give priority to:
(1) law enforcement agencies that employ peace
officers whose primary duty is traffic enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with
an institution of higher education to identify law
enforcement agencies that need funds or video and audio
equipment for the purpose of installing video and audio
equipment in law enforcement motor vehicles and motorcycles
or equipping peace officers with body worn cameras. The
collaboration may include the use of a survey to assist in
developing criteria to prioritize funding or equipment
provided to law enforcement agencies.
(c) To receive funds or video and audio equipment from the
state for the purpose of installing video and audio
equipment in law enforcement motor vehicles and motorcycles
or equipping peace officers with body worn cameras, the
governing body of a county or municipality, in conjunction
with the law enforcement agency serving the county or
municipality, shall certify to the Department of Public
Safety that the law enforcement agency needs funds or video
and audio equipment for that purpose.
(d) On receipt of funds or video and audio equipment from
the state for the purpose of installing video and audio
equipment in law enforcement motor vehicles and motorcycles
or equipping peace officers with body worn cameras, the
governing body of a county or municipality, in conjunction
with the law enforcement agency serving the county or
municipality, shall certify to the Department of Public
Safety that the law enforcement agency has taken the
necessary actions to use and is using video and audio
equipment and body worn cameras for those purposes.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.04,
eff. September 1, 2017.
Art. 2.138. RULES.
The Department of Public Safety may adopt rules to implement
Articles 2.131-2.137.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,
2001.
Art. 2.1385. CIVIL PENALTY.
(a) If the chief administrator of a local law enforcement
agency intentionally fails to submit the incident-based
data as required by Article 2.134, the agency is liable to
the state for a civil penalty in an amount not to exceed
$5,000 for each violation. The attorney general may sue to
collect a civil penalty under this subsection.
(b) From money appropriated to the agency for the
administration of the agency, the executive director of a
state law enforcement agency that intentionally fails to
submit the incident-based data as required by Article 2.134
shall remit to the comptroller the amount of $1,000 for
each violation.
(c) Money collected under this article shall be deposited
in the state treasury to the credit of the general revenue
fund.
Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec.
29, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.05,
eff. September 1, 2017.
Appendix B: Agency Policy
Policy
401
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Bias-Based Policing - 1
Bias-Based Policing
401.1 PURPOSE AND SCOPE
This policy provides guidance to department members that affirms the Anna Police Department's
commitment to policing that is fair and objective.
Nothing in this policy prohibits the use of specified characteristics in law enforcement activities
designed to strengthen the department’s relationship with its diverse communities (e.g., cultural
and ethnicity awareness training, youth programs, community group outreach and partnerships).
401.1.1 DEFINITIONS
Definitions related to this policy include:
Bias-based policing - An inappropriate reliance on actual or perceived characteristics
such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or
expression, economic status, age, cultural group, disability, or affiliation with any non-criminal
group (protected characteristics) as the basis for providing differing law enforcement service or
enforcement (Tex. Code of Crim. Pro. art. 3.05).
401.2 POLICY
The Anna Police Department is committed to providing law enforcement services to the community
with due regard for the racial, cultural or other differences of those served. It is the policy of this
department to provide law enforcement services and to enforce the law equally, fairly, objectively
and without discrimination toward any individual or group.
401.3 BIAS-BASED POLICING PROHIBITED
Bias-based policing is strictly prohibited.
However, nothing in this policy is intended to prohibit an officer from considering protected
characteristics in combination with credible, timely and distinct information connecting a person
to a specific incident.
401.4 MEMBER RESPONSIBILITIES
Every member of this department shall perform his/her duties in a fair and objective manner and
is responsible for promptly reporting any suspected or known instances of bias-based policing to
a supervisor. Members should, when reasonable to do so, intervene to prevent any bias-based
actions by another member.
401.4.1 REASON FOR CONTACT
Officers contacting a person shall be prepared to articulate sufficient reason for the contact,
independent of the protected characteristics of the individual.
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To the extent that written documentation would otherwise be completed (e.g., arrest report, field
interview (FI) card), the involved officer should include those facts giving rise to the contact, as
applicable.
Except for required data-collection forms or methods, nothing in this policy shall require any officer
to document a contact that would not otherwise require reporting.
401.4.2 REPORTING TRAFFIC STOPS
The Field Operations Lieutenant should ensure that the Department has appropriate systems in
place to collect information required by state racial profiling laws (Tex. Code of Crim. Pro. art.
2.132 (Tier One); Tex. Code of Crim. Pro. art. 2.133 (Tier Two)).
Each time an officer makes a traffic stop, the officer shall gather the required information using
the system in place for racial profiling reporting.
401.5 SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with this policy
and shall handle any alleged or observed violations in accordance with the Personnel Complaints
Policy.
(a)Supervisors should discuss any issues with the involved officer and his/her supervisor
in a timely manner.
1.Supervisors should document these discussions, in the prescribed manner.
(b)Supervisors should periodically review Mobile Audio/Video (MAV) recordings, portable
audio/video recordings, Mobile Digital Computer (MDC) data and any other available
resource used to document contact between officers and the public to ensure
compliance with this policy.
1.Supervisors should document these periodic reviews.
2.Recordings or data that capture a potential instance of bias-based policing
should be appropriately retained for administrative investigation purposes.
(c)Supervisors shall initiate investigations of any actual or alleged violations of this policy.
(d)Supervisors should take prompt and reasonable steps to address any retaliatory action
taken against any member of this department who discloses information concerning
bias-based policing.
401.6 STATE REPORTING
The Chief of Police shall annually submit a report of the information required in Tex. Code of Crim.
Pro. art. 2.132 to the Texas Commission on Law Enforcement (TCOLE) and to each governing
body served by the Department.
The Chief of Police shall also provide to TCOLE and each governing body served by
the Department a report containing an analysis of the information required by Tex. Code of Crim.
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Bias-Based Policing - 3
Pro. art. 2.133. The report must be submitted by March 1 of each year (Tex. Code of Crim. Pro.
art. 2.134).
The reports may not include identifying information about any officer who made the traffic stop
or about any individual who was stopped or arrested (Tex. Code of Crim. Pro. art. 2.132; Tex.
Code of Crim. Pro. art. 2.134).
401.7 ADMINISTRATION
The Chief of Police or designee should review the efforts of the Department to provide fair and
objective policing and submit an annual report, including public concerns and complaints. The
annual report should not contain any identifying information about any specific complaint, member
of the public, or officer. It should be reviewed by the Chief of Police to identify any changes in
training or operations that should be made to improve service (Tex. Code of Crim. Pro. art. 2.132).
Supervisors should review the report submitted to TCOLE and the governing body and the annual
report and discuss the results with those they are assigned to supervise.
401.8 COMPLIMENTS AND COMPLAINTS
The Chief of Police or designee is responsible for educating the public on the Department’s
compliment and complaint process (see the Personnel Complaints Policy). This education may be
achieved by information provided through the Department website. This information shall include
the telephone number, mailing address, and e-mail address to make a compliment or complaint
regarding a ticket, citation, or warning issued by an officer.
In the event that an investigation is initiated against an officer for a violation of this policy, the Chief
of Police or designee should ensure that a copy of any related recording is provided as soon as
practicable to the officer upon written request (Tex. Code of Crim. Pro. art. 2.132).
401.9 TRAINING
Training on fair and objective policing and review of this policy should be conducted as directed
by the Training Sergeant.
Policy
1010
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Personnel Complaints
1010.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation and disposition of complaints
regarding the conduct of members of the Anna Police Department. This policy shall not apply
to any questioning, counseling, instruction, informal verbal admonishment or other routine or
unplanned contact of a member in the normal course of duty, by a supervisor or any other member,
nor shall this policy apply to a criminal investigation.
1010.2 POLICY
The Anna Police Department takes seriously all complaints regarding the service provided by the
Department and the conduct of its members.
The Department will accept and address all complaints of misconduct in accordance with this
policy and applicable federal, state and local law and municipal and county rules and the
requirements of any collective bargaining agreements or memorandum of understanding.
It is also the policy of this department to ensure that the community can report misconduct without
concern for reprisal or retaliation.
1010.3 PERSONNEL COMPLAINTS
Personnel complaints include any allegation of misconduct or improper job performance that, if
true, would constitute a violation of department policy or federal, state or local law, policy or rule.
Personnel complaints may be generated internally or by the public.
Inquiries about conduct or performance that, if true, would not violate department policy or federal,
state or local law, policy or rule may be handled informally by a supervisor and shall not be
considered a personnel complaint. Such inquiries generally include clarification regarding policy,
procedures or the response to specific incidents by the Department.
1010.3.1 COMPLAINT CLASSIFICATIONS
Personnel complaints shall be classified in one of the following categories:
Informal - A matter in which the Patrol Lieutenant is satisfied that appropriate action has been
taken by a supervisor of rank greater than the accused member.
Formal - A matter in which a supervisor determines that further action is warranted. Such
complaints may be investigated by a supervisor of rank greater than the accused member or
referred to the Professional Standards Unit, depending on the seriousness and complexity of the
investigation.
Incomplete - A matter in which the complaining party either refuses to cooperate or becomes
unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or
the Professional Standards Unit, such matters may be further investigated depending on the
seriousness of the complaint and the availability of sufficient information.
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1010.3.2 SOURCES OF COMPLAINTS
The following applies to the source of complaints:
(a)Individuals from the public may make complaints in any form, including in writing, by
email, in person or by telephone.
(b)Any department member becoming aware of alleged misconduct shall immediately
notify a supervisor.
(c)Supervisors shall initiate a complaint based upon observed misconduct or receipt from
any source alleging misconduct that, if true, could result in disciplinary action.
(d)Anonymous and third-party complaints should be accepted and investigated to the
extent that sufficient information is provided.
(e)Tort claims and lawsuits may generate a personnel complaint.
1010.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS
1010.4.1 COMPLAINT FORMS
Personnel complaint forms will be maintained in a clearly visible location in the public area of the
police facility and be accessible through the department website. Forms may also be available
at other City facilities.
Personnel complaint forms in languages other than English may also be provided, as determined
necessary or practicable.
See attachment: External Complaint Form.pdf
1010.4.2 ACCEPTANCE
All complaints will be courteously accepted by any department member and promptly given to
the appropriate supervisor. Although written complaints are preferred, a complaint may also be
filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If
a supervisor is not immediately available to take an oral complaint, the receiving member shall
obtain contact information sufficient for the supervisor to contact the complainant. The supervisor,
upon contact with the complainant, shall complete and submit a complaint form as appropriate.
Although not required, complainants should be encouraged to file complaints in person so that
proper identification, signatures, photographs or physical evidence may be obtained as necessary.
1010.4.3 ACCEPTANCE OF COMPLAINTS AGAINST PEACE OFFICER
Complaints against an officer must be in writing and signed by the person making the complaint
(Tex. Gov’t Code § 614.022). Nothing in this section is intended to preclude a supervisor from
serving as the complainant to satisfy the requirements of Tex. Gov’t Code § 614.022 if the original
complainant does not want to appear in person and/or reduce the complaint to writing.
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1010.5 DOCUMENTATION
Supervisors shall ensure that all formal and informal complaints are documented on a complaint
form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible.
All complaints and inquiries should also be documented in a log that records and tracks complaints.
The log shall include the nature of the complaint and the actions taken to address the complaint.
On an annual basis, the Department should audit the log and send an audit report to the Chief
of Police or the authorized designee.
1010.5.1 COPY OF COMPLAINT TO PEACE OFFICER
If the complaint is against an officer, the receiving supervisor shall ensure that a copy of the signed
complaint form is given to the officer within a reasonable time after it is filed (Tex. Gov't Code §
614.023).
1010.6 ADMINISTRATIVE INVESTIGATIONS
Allegations of misconduct will be administratively investigated as follows.
1010.6.1 SUPERVISOR RESPONSIBILITIES
In general, the primary responsibility for the investigation of a personnel complaint shall rest with
the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor
is the ultimate decision-maker regarding disciplinary action or has any personal involvement
regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that
another supervisor investigate any complaint.
A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent
aggravation of the situation.
The responsibilities of supervisors include, but are not limited to:
(a)Ensuring that upon receiving or initiating any formal complaint, a complaint form is
completed.
1.The original complaint form will be directed to the Patrol Lieutenant of the
accused member, via the chain of command, who will take appropriate action
and/or determine who will have responsibility for the investigation.
2.In circumstances where the integrity of the investigation could be jeopardized by
reducing the complaint to writing or where the confidentiality of a complainant is
at issue, a supervisor shall orally report the matter to the member's Lieutenant
or the Chief of Police, who will initiate appropriate action.
(b)Responding to all complaints in a courteous and professional manner.
(c)Resolving those personnel complaints that can be resolved immediately.
1.Follow-up contact with the complainant shall be made within 24 hours of the
Department receiving the complaint.
2.If the matter is resolved and no further action is required, the supervisor will note
the resolution on a complaint form and forward the form to the Patrol Lieutenant.
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(d)Ensuring that upon receipt of a complaint involving allegations of a potentially serious
nature, the Patrol Lieutenant and Chief of Police are notified via the chain of command
as soon as practicable.
(e)Promptly contacting the Human Resources Department and the Patrol Lieutenant
for direction regarding the supervisor's role in addressing a complaint that relates to
sexual, racial, ethnic or other forms of prohibited harassment or discrimination.
(f)Forwarding unresolved personnel complaints to the Patrol Lieutenant, who will
determine whether to contact the complainant or assign the complaint for investigation.
(g)Informing the complainant of the investigator’s name and the complaint number within
three days after assignment.
(h)Investigating a complaint as follows:
1.Making reasonable efforts to obtain names, addresses and telephone numbers
of witnesses.
2.When appropriate, ensuring immediate medical attention is provided and
photographs of alleged injuries and accessible uninjured areas are taken.
(i)Ensuring that the procedural rights of the accused member are followed.
(j)Ensuring interviews of the complainant are generally conducted during reasonable
hours.
1010.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES
Whether conducted by a supervisor or a member of the Professional Standards Unit, the following
applies to employees:
(a)Interviews of an accused employee shall be conducted during reasonable hours and
preferably when the employee is on-duty. If the employee is off-duty, he/she shall be
compensated.
(b)Unless waived by the employee, interviews of an accused employee shall be at the
Anna Police Department or other reasonable and appropriate place.
(c)No more than two interviewers should ask questions of an accused employee.
(d)Prior to any interview, an employee should be informed of the nature of the
investigation.
(e)All interviews should be for a reasonable period and the employee's personal needs
should be accommodated.
(f)No employee should be subjected to offensive or threatening language, nor shall any
promises, rewards or other inducements be used to obtain answers.
(g)Any employee refusing to answer questions directly related to the investigation may
be ordered to answer questions administratively and may be subject to discipline for
failing to do so.
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1.An employee should be given an order to answer questions in an administrative
investigation that might incriminate the employee in a criminal matter only after
the employee has been given a Garrity advisement. Administrative investigators
should consider the impact that compelling a statement from the employee
may have on any related criminal investigation and should take reasonable
steps to avoid creating any foreseeable conflicts between the two related
investigations. This may include conferring with the person in charge of the
criminal investigation (e.g., discussion of processes, timing, implications).
2.No information or evidence administratively coerced from an employee may be
provided to anyone involved in conducting the criminal investigation or to any
prosecutor.
(h)The interviewer should record all interviews of employees and witnesses. The
employee may also record the interview. If the employee has been previously
interviewed, a copy of that recorded interview should be provided to the employee
prior to any subsequent interview.
(i)All employees subjected to interviews that could result in discipline have the right to
have an uninvolved representative present during the interview. However, in order
to maintain the integrity of each individual’s statement, involved employees shall not
consult or meet with a representative or attorney collectively or in groups prior to being
interviewed.
(j)All employees shall provide complete and truthful responses to questions posed during
interviews.
(k)No employee may be compelled to submit to a polygraph examination, nor shall any
refusal to submit to such examination be mentioned in any investigation.
1010.6.3 ADMINISTRATIVE INVESTIGATION FORMAT
Formal investigations of personnel complaints shall be thorough, complete and essentially follow
this format:
Introduction - Include the identity of the members, the identity of the assigned investigators, the
initial date and source of the complaint.
Synopsis - Provide a brief summary of the facts giving rise to the investigation.
Summary - List the allegations separately, including applicable policy sections, with a brief
summary of the evidence relevant to each allegation. A separate recommended finding should
be provided for each allegation.
Evidence - Each allegation should be set forth with the details of the evidence applicable to each
allegation provided, including comprehensive summaries of member and witness statements.
Other evidence related to each allegation should also be detailed in this section.
Conclusion - A recommendation regarding further action or disposition should be provided.
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Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached
to the report.
1010.6.4 DISPOSITIONS
Each personnel complaint shall be classified with one of the following dispositions:
Unfounded - When the investigation discloses that the alleged acts did not occur or did not
involve department members. Complaints that are determined to be frivolous will fall within the
classification of unfounded.
Exonerated - When the investigation discloses that the alleged act occurred but that the act was
justified, lawful and/or proper.
Not sustained - When the investigation discloses that there is insufficient evidence to sustain the
complaint or fully exonerate the member.
Sustained - When the investigation discloses sufficient evidence to establish that the act occurred
and that it constituted misconduct.
If an investigation discloses misconduct or improper job performance that was not alleged in
the original complaint, the investigator shall take appropriate action with regard to any additional
allegations.
1010.6.5 COMPLETION OF INVESTIGATIONS
Every investigator or supervisor assigned to investigate a personnel complaint or other alleged
misconduct shall proceed with due diligence in an effort to complete the investigation within one
year from the date of discovery by an individual authorized to initiate an investigation.
1010.6.6 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS
The member conducting the investigation should provide the complainant with periodic updates
on the status of the investigation, as appropriate.
1010.7 ADMINISTRATIVE SEARCHES
Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be
searched as part of an administrative investigation upon a reasonable suspicion of misconduct.
Such areas may also be searched any time by a supervisor for non-investigative purposes, such
as obtaining a needed report, radio or other document or equipment.
1010.8 ADMINISTRATIVE LEAVE
When a complaint of misconduct is of a serious nature, or when circumstances indicate that
allowing the accused to continue to work would adversely affect the mission of the Department,
the Chief of Police or the authorized designee may temporarily assign an accused employee to
administrative leave. Any employee placed on administrative leave:
(a)May be required to relinquish any department badge, identification, assigned weapons
and any other department equipment.
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(b)Shall be required to continue to comply with all policies and lawful orders of a
supervisor.
(c)May be temporarily reassigned to a different shift, generally a normal business-hours
shift, during the investigation. The employee may be required to remain available for
contact at all times during such shift, and will report as ordered.
1010.9 CRIMINAL INVESTIGATION
Where a member is accused of potential criminal conduct, a separate supervisor or investigator
shall be assigned to investigate the criminal allegations apart from any administrative investigation.
Any separate administrative investigation may parallel a criminal investigation.
The Chief of Police shall be notified as soon as practicable when a member is accused of criminal
conduct. The Chief of Police may request a criminal investigation by an outside law enforcement
agency.
A member accused of criminal conduct shall be provided with all rights afforded to a civilian.
The member should not be administratively ordered to provide any information in the criminal
investigation.
The Anna Police Department may release information concerning the arrest or detention of any
member, including an officer, that has not led to a conviction. No disciplinary action should be
taken until an independent administrative investigation is conducted.
1010.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES
Upon completion of a formal investigation, an investigation report should be forwarded to the Chief
of Police through the chain of command. Each level of command should review the report and
include their comments in writing before forwarding the report. The Chief of Police may accept or
modify any classification or recommendation for disciplinary action.
1010.10.1 LIEUTENANT RESPONSIBILITIES
Upon receipt of any completed personnel investigation, the Lieutenant of the involved member
shall review the entire investigative file, the member's personnel file and any other relevant
materials.
The Lieutenant may make recommendations regarding the disposition of any allegations and the
amount of discipline, if any, to be imposed.
Prior to forwarding recommendations to the Chief of Police, the Lieutenant may return the entire
investigation to the assigned investigator or supervisor for further investigation or action.
When forwarding any written recommendation to the Chief of Police, the Lieutenant shall include
all relevant materials supporting the recommendation. Actual copies of a member's existing
personnel file need not be provided and may be incorporated by reference.
Anna Police Department
Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2020/06/24, All Rights Reserved.
Published with permission by Anna Police Department ***DRAFT***Personnel Complaints - 8
1010.10.2 CHIEF OF POLICE RESPONSIBILITIES
Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall
review the recommendation and all accompanying materials. The Chief of Police may modify any
recommendation and/or may return the file to the Lieutenant for further investigation or action.
Once the Chief of Police is satisfied that no further investigation or action is required by staff, the
Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the
event disciplinary action is proposed, the Chief of Police shall provide the member with a written
notice and the following:
(a)Access to all of the materials considered by the Chief of Police in recommending the
proposed discipline.
(b)An opportunity to respond orally or in writing to the Chief of Police within five days of
receiving the notice.
1.Upon a showing of good cause by the member, the Chief of Police may grant a
reasonable extension of time for the member to respond.
2.If the member elects to respond orally, the presentation shall be recorded by
the Department. Upon request, the member shall be provided with a copy of the
recording.
Once the member has completed his/her response, or if the member has elected to waive any such
response, the Chief of Police shall consider all information received in regard to the recommended
discipline. The Chief of Police shall render a timely written decision to the member and specify
the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of
Police has issued a written decision, the discipline shall become effective.
1010.10.3 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT
The Chief of Police or the authorized designee should ensure that the complainant is notified of
the disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint.
1010.11 PRE-DISCIPLINE EMPLOYEE RESPONSE
The pre-discipline process is intended to provide the accused employee with an opportunity to
present a written or oral response to the Chief of Police after having had an opportunity to review
the supporting materials and prior to imposition of any recommended discipline. The employee
shall consider the following:
(a)The response is not intended to be an adversarial or formal hearing.
(b)Although the employee may be represented by an uninvolved representative or legal
counsel, the response is not designed to accommodate the presentation of testimony
or witnesses.
(c)The employee may suggest that further investigation could be conducted or the
employee may offer any additional information or mitigating factors for the Chief of
Police to consider.
Anna Police Department
Policy Manual
Personnel Complaints
Copyright Lexipol, LLC 2020/06/24, All Rights Reserved.
Published with permission by Anna Police Department ***DRAFT***Personnel Complaints - 9
(d)In the event that the Chief of Police elects to conduct further investigation, the
employee shall be provided with the results prior to the imposition of any discipline.
(e)The employee may thereafter have the opportunity to further respond orally or in
writing to the Chief of Police on the limited issues of information raised in any
subsequent materials.
1010.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE
In the event that a member tenders a written resignation or notice of retirement prior to the
imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by
itself shall not serve as grounds for the termination of any pending investigation or discipline.
1010.13 POST-DISCIPLINE APPEAL RIGHTS
Non-probationary employees have the right to appeal a suspension without pay, punitive transfer,
demotion, reduction in pay or step, or termination from employment. The employee has the right to
appeal using the procedures established by any collective bargaining agreement, memorandum
of understanding and/or personnel rules.
1010.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS
At-will and probationary employees and members other than non-probationary employees may
be disciplined and/or released from employment without adherence to any of the procedures set
out in this policy, and without notice or cause at any time. These individuals are not entitled to
any rights under this policy. However, any of these individuals released for misconduct should be
afforded an opportunity solely to clear their names through a liberty interest hearing, which shall
be limited to a single appearance before the Chief of Police or the authorized designee.
In cases where an individual has been absent for more than a week or when additional time to
review the individual is considered to be appropriate, the probationary period may be extended
at the discretion of the Chief of Police.
1010.15 RETENTION OF PERSONNEL INVESTIGATION FILES
All personnel complaints shall be maintained in accordance with the established records retention
schedule and as described in the Personnel Records Policy.
Policy Manual
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Published with permission by Anna Police Department ***DRAFT***Attachments - 10
Attachments
Attachment
Policy Manual
Copyright Lexipol, LLC 2020/06/24, All Rights Reserved.
Published with permission by Anna Police Department ***DRAFT***External Complaint Form.pdf - 11
External Complaint Form.pdf
External Complaint Form.pdf
Clearly and chronologically state what happened, ensuring that you articulate the conduct, facts, and evidence in
support of your allegation(s). Please sign all pages that bear your statement and initial all corrections. Please include
any available witness information including addresses and phone numbers.
Filing a false complaint against a police employee is a violation of the Texas Penal Code, Section 37.02. If a person
knowingly and intentionally makes a false statement under oath, or swears to the truth of a false statement previously
made under oath, a person may be found guilty and punished by a fine up to $4,000, confinement in jail up to one year, or
by both fine and imprisonment.
I have read each page of this statement consisting of ___ page(s). Corrections, if any bear my initials. I certify the
facts contained herein are true and correct.
Date: Signature:
Date:
Report/Incident #
Last Name: First Name: MI:
Contact Information
Address: City: State: Zip:
Email: Phone #
DOB:
Anna Police Department Complaint Form - External
Incident Information
DL#
Time:
Citation #
Location:
Employee(s) Information
Name: Badge/ID #
Statement
Revised: 01/2019
Texas law requires that all complaints against police officers be in writing and signed by the person making the
complaint. To initiate a complaint against any Anna Police Department employee, please complete this form and
submit it in person or by mail to: Professional Standards Unit, 101 S. Powell Parkway, Anna, Texas 75409.
Please contact the Professional Standards Unit for assistance at (972) 924-2848.
Page 1 of 2
Committed Act Witness
Committed Act Witness
Committed Act Witness
Committed Act Witness
Committed Act Witness
Badge/ID #
Badge/ID #
Badge/ID #
Badge/ID #
Name:
Name:
Name:
Name:
Please sign and date each page that bears your statement and initial all corrections.
Filing a false complaint against a police employee is a violation of the Texas Penal Code, Section 37.02. If a person
knowingly and intentionally makes a false statement under oath, or swears to the truth of a false statement previously
made under oath, a person may be found guilty and punished by a fine up to $4,000, confinement in jail up to one year, or
by both fine and imprisonment.
I have read each page of this statement consisting of ___ page(s). Corrections, if any bear my initials. I certify the
facts contained herein are true and correct.
Date: Signature:
Statement Continuation
Page 2 of 2
Appendix C: Racial Profiling Laws and
Corresponding Standard Operating Procedures
Texas CCP Article ANNA POLICE DEPARTMENT Policy 401
(Bias-Based Policing) and Policy 1010 (Personnel
Complaints)
2.132(b)1 Definitions (Policy 401.1.1)
2.132(b)2 Bias-Based Policing Prohibited (Policy 401.3)
2.132(b)3 Compliments and Complaints (Policy 401.8) and
Policy 1010
2.132(b)4 Compliments and Complaints (Policy 401.8) and
Departmental Website
2.132(b)5 Compliments and Complaints (Policy 401.8) and
Policy 1010
2.132(b)6 Reporting Traffic Stops (Policy 401.4.2)
2.132(b)7 State Reporting (Policy 401.6)
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 2/23/2021
Staff Contact:
Review minutes of the January 7, 2021 Joint Community Development Corporation
Board and Economic Development Corporation Board Meeting. (Director of Economic
Development Joey Grisham)
SUMMARY:
FINANCIAL IMPACT:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
STAFF RECOMMENDATION:
ATTACHMENTS:
1. January 7, 2021 CDC EDC Joint Meeting Minutes - signed
APPROVALS:
Taylor Lough, Economic Development Administrator Created/Initiated - 2/18/2021
Jim Proce, City Manager Final Approval - 2/19/2021
Officers: Staff:
Anthony Richardson, President Joey Grisham, Economic Development Director
Stan Carver, Vice -President Taylor Lough, Economic Development Manager
Rocio Gonzalez, Secretary
Ariria manna
�*CDC""* � I)C
Anna Community Development Corporation and Anna Economic Development
Corporation Regular Meeting Minutes
Thursday, January 7, 2021 at 6.00 pm
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The Anna Community Development Corporation and the Anna Economic Development Corporation
conducted a regular meeting at 6:00 p.m. on Thursday, January 7, 2021. Some members of Anna
Community Development Corporation and the Economic Development Corporation participated in
this meeting remotely in compliance with the Texas Open Meetings Act as suspended or modified
under the pending Declaration of Disaster and associated executive orders and proclamations of
the Governor of Texas.
A video recording of the open session portions of the meeting may be viewed online at the City of
Anna's website: https:l/www.annatexas.gov/962/AgendasMinutes
CDC and EDC Board Members Present: Anthony Richardson, Doris Pierce, Stan Carver,
Michelle Hawkins, Rocio Gonzalez, and Bruce Norwood CDC and EDC Board Members
Participating Remotely: Shane Williams CDC and EDC Board Members Absent: None
Others Present: Councilmember Lee Miller, Joey Grisham (Economic Development Director),
Taylor Lough (Economic Development Manager) Others Participating Remotely: Kevin
Johnson (IT Manager)
1. Call to Order. Roll Call and Establishment of Quorum.
The meeting was called to order by Anthony Richardson, Board President, at 6:01 p.m.
2. Invocation and Pledge.
Invocation was given by Stan Carver. Pledge of Allegiance was led by Stan Carver.
3. Citizen Comments.
Gina Maria Ottavio is attending meetings to represent the Diversity and Inclusion Advisory
Commission as a liaison.
4. Consider/Discuss/Act on approving minutes from the December 3, 2020 CDC Special
Called Meeting. (CDC)
Officers: Staff:
Anthony Richardson, President Joey Grisham, Economic Development Director
Stan Carver, Vice -President Taylor Lough, Economic Development Manager
Rocio Gonzalez, Secretary
5. ConsiderlDiscuss/Act on approving minutes from the December 3, 2020 EDC Special
Called Meeting. (EDC)
Bruce Norwood made a motion to approve the minutes on behalf of the CDC and EDC for
the December Joint CDC and EDC Meeting. Michelle Hawkins seconded the motion. All
were in favor. Motion passed.
6. ConsiderlDiscusslAct on approving CDC logo and tagline. (CDC)
Joey Grisham reminded the Board that staff has been working with Cooksey
Communications on a marketing plan as well as updating the CDC logo and creating a
tagline. For copyright and other legal purposes, he recommended that the Board approve
the logo and tagline. The "Groundbreaking Possibilities" tagline was selected for both the
CDC and EDC.
Stan Carver made a motion on behalf of the CDC to approve a resolution adopting a logo
set with blue color scheme and "Groundbreaking Possibilities" text. Anthony Richardson
seconded the motion. All were in favor. Motion passed.
7. Consider/Discuss/Acton approving EDC logo and tagline. (EDC)
Joey Grisham explained the EDC logo has two color options — green and blue — to choose
based on the publication or use of the logo. The EDC logo is used more often in
advertisements and Economic Development Department work because it is recognized
more than the CDC.
Stan Carver would like to see the logo adapted and customized for the use, including other
departments and Chamber of Commerce
Doris Pierce made a motion on behalf of the EDC to approve a resolution adopting a logo
set with blue color scheme and "Groundbreaking Possibilities" text. Bruce Norwood
seconded the motion. All were in favor. Motion passed.
8. Consider/Discuss/Act on approving a resolution authorizing an agreement and
expenditure of funds to provide commercial real estate listing data. (CDC)
Joey Grisham explained that the company providing real estate listing data, Real Massive,
went out of business. After doing research on other options, staff recommends a contract
with REsimplifi out of South Carolina.
Anthony Richardson made a motion on behalf of the CDC to adopt a resolution approving a
contract with REsimplifi not to exceed $4, 800, subject to legal approval of final form. Shane
Williams seconded the motion. All were in favor. Motion passed.
10. CLOSED SESSION (exceptions):
A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex.
Gov't Code §551.072) possible property acquisition; possible land sale/purchase;
Anna Business Park,
B. Consult with legal counsel on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code
(Tex. Gov't Code §551.071); Grant program; Lease Agreement and promotional
contract.
Officers: Staff:
Anthony Richardson, President Joey Grisham, Economic Development Director
Stan Carver, Vice -President Taylor Lough, Economic Development Manager
Rocio Gonzalez, Secretary
C. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City
of Anna and with which the Board is conducting economic development
negotiations; or,
(2) To deliberate the offer of a financial or other incentive to a business prospect
described by subdivision (1). (Tex. Gov't Code §551.087) Anna Business Park
Property; potential retail and medical projects.
Anthony Richardson made a motion to enter closed session. Doris Pierce seconded the
motion. All were in favor. Motion passed. The CDC moved into closed session of 6.50 p.m.
11. Reconvene into open session and take any action on closed session items.
Rocio Gonzalez made a motion to reconvene into open session. Anthony Richardson
seconded the motion. All were in favor. Motion passed. The CDC reconvened into open
session at 7:17 p.m.
12. Receive reports from staff or Board Members about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or condolence, -
information regarding holiday schedules; an honorary or salutary recognition of a public
official, public employee, or other citizen (but not including a change in status of a person's
public office or public employment); a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or community
event organized or sponsored by an entity other than the governing body that was attended
oris scheduled to be attended by a member of the governing body or an official or employee
of the municipality; and announcements involving an imminent threat to the public health
and safety of people in the municipality that has arisen after the posting of the agenda.
Joey Grisham announced that Stan Carver was elected to the City Council, The City Council
will appoint a new member to the CDC and EDC Boards in late January.
Tuesday evening will be the joint meeting for the Comprehensive Plan at Rattan Elementary.
The Chamber of Commerce is resuming their in -person meetings in the mornings at the
West Crossing amenity center.
13. Adjourn.
Stan Carver made a motion to adjourn the meeting at 7:20 pm. Shane Williams seconded
the motion. All were in favor. Motion passed.
APPROVED:
Anthony Richardson
President of CDCIEDC
ATTESTED:
T
Rocio Gonzalez
Secretary of CDCIEDC
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 2/23/2021
Staff Contact: Alan Guard
Approve a Resolution approving a one-year extension of the primary depository bank
services contract with Independent Bank. (Finance Director Alan Guard)
SUMMARY:
Approve a Resolution approving a one-year extension of the primary depository bank
services contract with Independent Bank.
In 2018, the City of Anna solicited Requests for Proposals for primary depository
banking services in accordance with Chapter 105 (the "Depositories for Municipal
Funds" Act) of the Texas Local Government Code. The City Council approved
Resolution 2018-03-421 on March 27, 2018 awarding the contract to Independent
Bank.
The contract was for an initial period of two years. It also allows for three one-year
extensions of the agreement. Staff has been satisfied with the services provided by
Independent Bank and recommends the City exercise the second of the three possible
extensions.
FINANCIAL IMPACT:
NA
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
High Performing, Professional City.
STAFF RECOMMENDATION:
Approve the Resolution approving the one-year extension.
ATTACHMENTS:
1. Anna Council Resolution for Bank Award 2021 02 23
2. Extension Letter with Independent Bank
3. Res 2018-03-421 Primary Depository Services Contract to Independent Bank
APPROVALS:
Alan Guard, Created/Initiated - 2/18/2021
Jim Proce, City Manager Final Approval - 2/19/2021
CITY OF ANNA, TEXAS
RESOLUTION NO. 2021- -
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING
A ONE-YEAR EXTENSION OF THE PRIMARY DEPOSITORY BANK
SERVICES CONTRACT TO INDEPENDENT BANK.
WHEREAS, the State of Texas Local Government Codes: Chapter 105 Municipal
Depository Act; Chapter 176 Conflict of Interest Act; Chapter 2256 Public Funds
Investment Act; and Chapter 2257 Public Funds Collateral Act established the process
for selecting a depository bank; and,
WHEREAS, resolution 2013-02-06 of the City of Anna (City) authorized applications
to be received from financial institutions located outside the City; and,
WHEREAS, the City Council approved resolution 2018-03-421 awarding a contract for primary
depository bank services with Independent Bank; and,
WHEREAS, the contract allows for three one-year extensions.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval and Authorization of Contract
The City Council hereby approves a one-year extension, subject to approval as to form
by the City Attorney, for Primary Depository Bank Services with Independent Bank.
PASSED by the City Council of the City of Anna, Texas, on this 23th day of February, 2021.
ATTEST: APPROVED:
CARRIE L. LAND, CITY SECRETARY NATE PIKE, MAYOR
City of Anna
111 North Powell Parkway
Anna, TX 75409
972-924-3325
www.annatexas.aov
February 19 2021
Mr. Johnny Bratcher
Executive Vice President and Regional President
IndependentFinancial
P. O. Box 592
Farmersville, Texas 75442
RE: City of Anna, Texas -Depository Bank Services Contract Extension
Dear Mr. Bratcher:
THE CITY OF
The expiration of the first of three (3) one-year terms of the Depository Bank Services Agreement is May
31, 2021. The City is opting to exercise the second of the three (3) one-year contract extension options
provided for in the Agreement to extend the term through May 31, 2022 under the same terms and
conditions.
To confirm the Bank's acceptance of this contract extension, please complete the section below and return
a copy of this letter to me.
We have appreciated our business relationship with you and the Bank and look forward to the extended
term.
Should
you have
any questions
or need additional information or explanation,
please contact me at
972.924.3325I
Sincerely,
Alan Guard
Finance Director
INDEPENDENT FINA/N�CI�AL
ACCEPTED BY: 2 DATE: 02/10/2021
PRINTED NAME: Noah Elrod TITLE: VP -Senior Public Fund Officer
DEPOSITORY BANK SERVICES AGREEMENT
THIS DEPOSITORY BANK SERVICES AGREEMENT hereinafter called the "Agreement", is made
and entered into on the date last herein written by and between the City of Anna, Texas, hereinafter called
the "City", and Independent Bank a banking association, organized under the law of the United States and
authorized by law to do banking business in the State of Texas, hereinafter called the "Bank", and provides
as follows:
1. 1)esi-=nation of De ositorv. The City, through action of the City Council, on March 27, 2018,
hereby designates Bank as a primary depository bank for the period beginning June 1, 2018, and con tiauisly
through May 31, 2020, with the option for three (3) one-year extensions under the same terms and
conditions.
2. (.{neral. All services rendered to City by Bank under this Agreement shall be performed in
accordance with accepted commercial banking standards for public fiend organizations and under the overall
direction and instructions of City pursuant to Bank's standard operations, policies, and procedures.
3. Scope of Sc ices. Bank agrees to provide those services as described in the City of Anna,
Texas Request for Application for Depository Bank Services released on November 30, 2017 hereinafter
referred to as the "RFA". The RFA and Bank's response to the RFA, hereinafter referred to as the
"Application", are incorporated herein by reference. Bank acknowledges that all services performed by
Bank are subject to the approval of City.
4. City Represeututives. During the term of this Agreement, City will, through appropriate
action of its City Council, designate the officer, or officers, who singly or jointly will be authorized to
represent and act on behalf of City in any and all matters of every kind arising under this Agreement and
to (a) appoint and designate, from time to time, a person or persons who may request withdrawals, orders
for payment or transfer on behalf of City in accordance with the electronic funds or funds transfer agreement
and addenda, and (b) make withdrawals or transfer by written instrument.
5. Custodian. City and Bank, by execution of this Agreement, hereby designate Federal Home
Loan Bank as custodian, hereinafter called "Custodian", to hold in trust, according to the terms and
conditions of this Agreement, the collateral described and pledged by Bank in accordance with the
provisions of this Agreement.
6. Custodian Fees. Any and all fees associated with Custodian's holding of collateral for the
benefit of City will be paid by Bank and City will have no liability therefore.
7. Entire Agreement. The entire agreement between Bank and City shall consist of this
Agreement, City's RFA (except to the extent Bank took specific exceptions in the Bank's Application),
Bank's Application, the Custodial Agreement with Custodian, and other such bank service agreements,
policies and documents as may be required and approved by the parties (together, the "Banking
Agreements"), each incorporated by reference as they presently exist and each listed in governing order of
precedency: in the event oFconllict among the documents.. This Agreement supersedes any and all prior
representations, statements, and agreements, whether written or oral. Time terms and provisions of this
Agreement may not iae amended, ullered, or waived except by mutual agreement evidenced by a written
instrument signed by duly authorized representatives of both parties.
8. Collateraliration. All funds on deposit with Bank to the credit of City shall be secured by
collateral as provided for in the Public Funds Investment Act (Chapter 2256 of the Texas Government Code
as amended), the Public Funds Collateral Act (Chapter 2257 of the Texas Government Code), City's
Investment Policy, and Bank's Application.
If marketable securities are pledged, the total market value of the securities securing such deposits
will be in an amount at least equal to the minimum required amount as per City's Investment Policy. The
market value of any pledged securities (collateral) will be obtained from non -Bank -affiliated sources. Bank
will monitor and maintain the required collateral margins and levels at all times.
Bank has heretofore, or will immediately hereafter, deliver to Custodian collateral of the kind and
character above mentioned of sufficient amount and market value to provide adequate collateral for the
funds of City deposited with Bank. Custodian will accept said collateral and hold the same in trust for the
purposes herein stated. Said collateral or substitute collateral, as hereinafter provided for, shall be kept and
retained by Custodian in trust so long as deposits of City remain with Bank. Bank hereby grants a security
interest in such collateral to City.
If at any time the collateral in the hands of Custodian shall have a market value in excess of the
required balances, City may authorize the withdrawal of a specified amount of collateral, and Custodian
shall deliver this amount of collateral (and no more) to Bank.
If surety bonds or letters of credit are utilized, City shall agree as to the issuer and form of contract
prior to the pledge. The amount of surety bonds or letters of credit will be at least equal to the minimum
required amount as per City's Investment Policy. The termination or expiration of any surety bond or letter
of credit shall be a minimum of two (2) business days after City anticipates withdrawing the secured deposit.
9. Successors. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns. Whenever a reference is made herein to either party,
such reference shall include the parry's successors and assigns..
10. Compensation. �City and Bank agree that any compensation for the performance of all duties
and services is set forth in the Application accepted by City. Except as may otherwise be provided in the
Banking Agreements, said compensation shall constitute full payment for all services, liaison, products,
materials, and equipment required to provide the professional banking services, including services,
materials, training, equipment, travel, overhead, and expenses. Fees shall be fixed for the term of the
Banking Agreements, including all extensions.
11. C:onsider aliou. The Banking Agreements are executed by the parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is forever confessed.
12. Counterpart parr•ts. The Banking Agreements may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be
deemed to constitute an original if properly executed.
13. Authority to Execute. The individuals executing the Banking Agreements on behalf of the
respective parties below represent to each other and to others that all appropriate and necessary action has
been taken to authorize the individual who is executing the Banking Agreements to do so for and on behalf
of the party for which his or her signature appears, that there are no other parties or entities required to
execute the Banking Agreements in order for the same to be authorized and binding on the party for whom
the individual is signing and that each individual affixing his or her signature hereto is authorized to do so.
14. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Texas. Collin County will be the venue for any lawsuit arising out of this Agreement.
2
15. Notices, Except as may otherwise be specified in the applicable service -level agreements
and/or set-up forms, any demand, notice, request, instruction, designation, or other communication(s)
required in writing under this Agreement shall be personally delivered or sent certified mail, return receipt
requested, to the other party as follows:
Bank: Mr. Johnny Bratcher, Executive Vice President
Independent Bank
223 McKinney Street
Farmersville, Texas 75442
City: Ms. Dana Thornhill, Finance Director
City of Anna
111 North Powell Parkway
Anna, Texas 75409
Changes to notice information may be made by either party with written notification to the other party.
16. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable
by a court of competent jurisdiction, the parties, shall, if possible, agree on a legal, valid, and enforceable
substitute provision that is as similar in effect to the illegal, invalid, or unenforceable provision as possible.
The remaining portion of the Agreement not declared illegal, invalid, or unenforceable shall remain valid
and in full force and effect for the term remaining.
17. Binding Contmitnient. Bank hereby acknowledges itself duly and firmly bound for the
faithful performance of all the duties and obligations required by applicable law, including the Government
Code and Local Government Code, such that all funds deposited with it as depository shall be faithfully
kept by it and accounted for according to law.
18. Continuation. Unless this Agreement is terminated sooner, Bank's designation as the
primary City Depository will remain continuously in effect through May 31, 2020 subject to execution of
the extension options if applicable.
Executed by the undersigned duly authorized officers of the parties hereto:
CITY OF ANNA, TEXAS
By:
Name:
Title:Moir" — n.MsFl Pa_Arg
_Date:
BANK
Date:
ATTEST: ATTESTS
By- By: !� �
Name: ° �, � Name c� a 4 DIZ
,�r� r�
Title: rt!LC1. _ Title: ��� 0 —
\1
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 2/23/2021
Staff Contact: Ray Isom
Approve a Resolution approving a Medical Director Services Agreement with
Questcare Medical Services, PLLC in support of EMS services (Fire Chief Ray Isom).
SUMMARY:
Questcare Medical Services is the fire department's preferred medical control provider
for ambulance transport purposes. This contract is a required step in the process of
placing Anna Fire Department's new ambulance into service. A Medical Control
physician must be in place before hospital transports can be conducted. This
establishes the required services and also enables further EMS operations and
expansion within the fire department.
On 6/23/2020, the Anna City Council approved the purchase of a transport ambulance
utilizing CARES ACT funding. Up -fitting and medical equipment costs for this vehicle
required an additional $95,000 which was also approved by the City Council. These
items included a patient stretcher, LifePak 15 resuscitation unit, communications
equipment, Lucas CPR device, and other related EMS items. The fire department is
currently working on licensing the ambulance with the State of Texas. The related
billing agreement was approved at the previous Council meeting.
This proposal is in alignment with the fire department's internal Strategic Plan and
apparatus matrix which defines our services and needs through FY 2040. It will also
move the department closer to its ultimate goal of fire -based EMS transport.
FINANCIAL IMPACT:
$24,000 for 12 months (3/1/2021 - 2/28/2022)
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
Goal 4: High Performing, Professional City
STAFF RECOMMENDATION:
Staff recommends approval.
ATTACHMENTS:
1. Medical Control Resolution for EMS 2-2021
2. 126066- QMS Anna EMS Medical Direction Contract (Pearlman).docx
APPROVALS:
Clark McCoy, City Attorney Created/Initiated - 2/18/2021
Jim Proce, City Manager Final Approval - 2/19/2021
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING A MEDICAL DIRECTOR SERVICES AGREEMENT WITH
QUESTCARE MEDICAL SERVICES, PLLC IN SUPPORT OF EMS SERVICES.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the
City of Anna Fire Chief — in furtherance of the Fire Department's purpose of preserving
and protecting the public health and safety of the City's residents — has, after extensive
research, recommended that the City enter an agreement with Questcare Medical
Services PLLC; and,
WHEREAS, the City of Anna, Texas (the "City") approved the purchase of a transport
ambulance at the meeting held on 6/23/2020; and,
WHEREAS, the City's Financial Policy adopted on September 28, 2010 by Ordinance
No. 511-2010 requires that all purchases exceeding $50,000 must be purchased under
formal competitive sealed bidding rules or as otherwise permitted by the Texas Local
Government Code under Chapters 252 and 271; and
WHEREAS, Section 252.022(a)(2) of the Texas Local Government Code exempts
from competitive bidding a procurement necessary to preserve or protect the public
health or safety of the municipality's residents; and
WHEREAS, the City's Fire Chief has advised the Council and the Council has found
and determined that the purchase of the ambulance to include all related equipment
and necessary billing services is necessary and essential to preserve the public health
or safety of the City's residents; and
WHEREAS, the City Attorney has advised that based on these findings competitive
bidding is not required for the purchase of firefighting equipment as it falls under the
exemption in Section 252.022(a)(2) of the Texas Local Government Code; and
WHEREAS, the purpose of Title 22, Chapter 197 of the Texas Administrative Code the
("Regulations") is to facilitate the most appropriate utilization of the skills of physicians
who delegate health care tasks to qualified emergency medical services personnel and
to enhance the ability of EMS systems to assure adequate medical direction of all
advanced prehospital providers and many basic level providers, as well as compliance
by personnel and facilities with minimum criteria to implement medical direction of
prehospital services; and
WHEREAS, the Regulations mandate that all emergency medical services providers
that provide Advanced Life Support have an on-line or off-line physician medical
director; and
RESOLUTION NO. PAGE 1 OF 3
Medical Control Services Agreement
WHEREAS, the Regulations mandate that the medical director shall be: (i) a physician
licensed to practice in Texas and registered as an EMS Medical Director with the
Texas Department of State Health Services; (ii) familiar with the design and operations
of EMS systems; (iii) experienced in pre -hospital emergency care and emergency
management of ill or injured patients; and (iv) actively involved in/or knowledgeable
about:
(a) the training and/or continuing education of EMS personnel, under
the Medical Director's direct supervision, at their respective levels
of certification;
(b) the medical audit, review, and critique of the performance of EMS
personnel under his or her direct supervision;
(c) the administrative and legislative environments affecting regional
and/or state pre -hospital EMS organizations;
(d) local multi -casualty plans;
(e) dispatch and communications operations of pre -hospital
emergency units; and
(f) laws and regulations affecting local, regional, and state EMS
operations; and
WHEREAS, EMS Service and Provider desire to enter into this Agreement, whereby
Provider will provide EMS services with a physician licensed in the State of Texas and
registered as an EMS Medical Director with the Texas Department of State Health
Services (the "Medical Director" and an Associate Medical Director, both listed in
Schedule I attached hereto, which may be amended from time to time); and
WHEREAS, EMS Service and Provider have determined that it is in their mutual best
interests to enter into this Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Contract Award.
The City Council hereby authorizes the City Manager to execute on its behalf, subject
to legal review and approval by the City Attorney, a service agreement with Questcare
Medical Services PLLC for the purpose of medical direction and control.
RESOLUTION NO. PAGE 2 OF 3
Medical Control Services Agreement
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this
23rd day of February 2021.
ATTEST:
APPROVED:
City Secretary Carrie L. Land Mayor Nate Pike
RESOLUTION NO.
Medical Control Services Agreement
PAGE 3OF3
DocuSign Envelope ID: 06F6EB84-651B-4B01-AOD2-B76A3851306E
MEDICAL DIRECTOR SERVICES AGREEMENT
This Medical Director Services Agreement (this "Agreement") is entered into by and
between Questcare Medical Services, PLLC (the "Provider"), a professional limited liability
company organized and authorized to conduct business in the state of Texas and City of Anna,
Texas ("EMS Service"). This Agreement is entered into and effective March 1St, 2021, the
"Effective Date"). Provider and EMS Service are each a "Party" and collectively, are the
"Parties."
RECITALS:
WHEREAS, the purpose of Title 22, Chapter 197 of the Texas Administrative Code
the ("Regulations") is to facilitate the most appropriate utilization of the skills of physicians
who delegate health care tasks to qualified emergency medical services personnel and to
enhance the ability of EMS systems to assure adequate medical direction of all advanced
prehospital providers and many basic level providers, as well as compliance by personnel and
facilities with minimum criteria to implement medical direction of prehospital services; and
WHEREAS, the Regulations mandate that all emergency medical services providers
that provide Advanced Life Support have an on-line or off-line physician medical director;
and
WHEREAS, the Regulations mandate that the medical director shall be: (i) a
physician licensed to practice in Texas and registered as an EMS Medical Director with the
Texas Department of State Health Services; (ii) familiar with the design and operations of
EMS systems; (iii) experienced in pre -hospital emergency care and emergency management
of ill or injured patients; and (iv) actively involved in/or knowledgeable about:
(a) the training and/or continuing education of EMS personnel, under
the Medical Director's direct supervision, at their respective levels
of certification;
(b) the medical audit, review, and critique of the performance of EMS
personnel under his or her direct supervision;
(c) the administrative and legislative environments affecting regional
and/or state pre -hospital EMS organizations;
(d) local multi -casualty plans;
(e) dispatch and communications operations of pre -hospital
emergency units; and
(f) laws and regulations affecting local, regional, and state EMS
operations; and
WHEREAS, EMS Service and Provider desire to enter into this Agreement, whereby
Provider will provide EMS services with a physician licensed in the State of Texas and
registered as an EMS Medical Director with the Texas Department of State Health Services
(the "Medical Director" and an Associate Medical Director, both listed in Schedule I attached
hereto, which may be amended from time to time); and
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WHEREAS, EMS Service and Provider have determined that it is in their mutual best
interests to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual promises herein contained, the
parties agree as follows:
SECTION I
ENGAGEMENT; TERM OF AGREEMENT
Section 1.01. EMS Service Engages Provider. EMS Service hereby agrees to
engage Provider (and Provider consents so to be engaged) as its sole and exclusive provider
of a Medical Director for the Medical Director services described in Section IV (the
"Services") herein during the Term (as such term is hereinafter defined).
Section 1.02. EMS Service Agrees to Pay Provider Compensation for Services as
set out in Section III. In consideration for Provider's agreement to be engaged by EMS
Service and in further consideration of the considerable time, expense and effort undertaken
by Provider to provide the Services, EMS Service agrees to (a) pay Provider pursuant to the
provisions of Section III, and (b) provide the minimum notices for termination as set forth in
Section II.
Section 1.03. Initial Term and Extensions. The Initial Term of this Agreement is
for a period of twelve (12) months commencing March 1st, 2021 and expiring February
28th, 2022 provided either party may terminate this Agreement pursuant to Section II of this
Agreement (the "Initial Term"). Upon completion of the Initial Term, this Agreement shall
become renewable annually and in full force until the parties to this Agreement terminate the
relationship via guidelines set forth in Section II of this Agreement.
SECTION II
TERMINATION
Section 2.01. Termination without Cause. During the initial one hundred and twenty
(120) days of the Initial Term, either party may, without cause, terminate this agreement with
thirty (30) days advance written notice to the other party. Thereafter, this Agreement may be
terminated by either party, without cause, upon sixty (60) days advance, written notice to the
other party.
Section 2.02. Termination with Cause. Either party may terminate this Agreement
with cause if the other party is in "material default" under the terms and conditions of this
Agreement and the default is not cured within fifteen (15) days of receipt of written notice
specifying the material default. For purposes of this contract, a "material default" shall mean:
(a) in the case of EMS Service, the failure to remit compensation to Provider as and when
required under this Agreement; or, (b) in the case of Provider, the substantial failure of
providing the Services as described pursuant to Section IV.
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Section 2.03. Method and Delivery of Written Notice. All notices permitted or
required under this Agreement shall be made by personal delivery or via U.S. certified mail,
postage prepaid to the other party at their address set out on the signature page hereto (the
Parties may change their respective address for delivery of notices under this Agreement by
providing written notice of the change to the other Party in accordance with this paragraph).
SECTION III
COMPENSATION FOR SERVICES
Section 3.01. EMS Service agrees to pay Provider an annual retainer of Twenty -Four
Thousand Dollars ($24,000.00), payable in twelve (12) equal payments of Two Thousand
Dollars ($2,000) on the first (1") day of each month in consideration for the Services, which
the Parties estimate to require approximately 160 hours of service per year. If this Agreement
is terminated for any reason, Provider shall only be entitled to a prorated portion of said
retainer in proportion to the number of days during the then current 12-month term before
such termination.
SECTION IV
MEDICAL DIRECTOR SERVICES
Section 4.01. Services.
The Medical Director (and Associate Medical Director in the event of Medical
Director's absence) shall implement and provide the following Services:
(a) establish and monitor compliance with EMS Service training guidelines which meet
or exceed the minimum standards set forth in Texas Department of State Health
Services EMS certification regulations;
(b) provide quarterly continuing education programs and participate in paramedic
shadowing programs;
(c) continuously monitor EMS Service personnel's compliance with field performance
guidelines through chart review, direct field observation, and participate in a monthly
EMS Paramedic Advisory Committee meeting to include but not be limited to
Continuous Quality Improvement, planning, and protocol evaluation. If such
committee does not exist, assist in creating such a committee;
(d) function as the primary liaison between the EMS Service administration and the local
medical community, ascertaining and being responsive to the needs of each;
(e) maintain all medical licensure and certifications in good order;
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(f) review and approve the educational content of the EMS Service's curriculum for its
employees to certify its ongoing appropriateness and medical accuracy,
(g) review and approve of the quality of medical instruction, supervision, and evaluation
of the EMS Service's employees,
(h) commit to minimum of 8 hours of ride-alongs each month to evaluate the performance
of field personnel review and approve of the progress of EMS Service's employees;
(i) assist in the assurance of the competence of EMS Service's employees in the
cognitive, psychomotor, and affective domains;
(j) provide on-line direction that meets all the criteria outlined in the Texas Medical
Board regulations governing EMS medical directors and be responsible for
cooperative involvement with the EMS Service's director;
(k) assist in implementing adequate controls to assure the quality of the delegated
responsibilities; and
(1) provide all other services required under applicable law or regulations.
SECTION V
APPOINTMENT OF MEDICAL DIRECTOR
AND RELATIONSHIP OF THE PARTIES
Section 5.01. Appointment of the Medical Director. The parties intend that an
independent contractor relationship and not an employer/employee relationship be created by
this agreement. The EMS Service is interested only in the results to be achieved and the
control of the Services shall lie solely with Provider including without limitation the means,
methods, sequences, procedures, and manner of provision of the Services. The Medical
Director is not considered to be an agent or employee of the EMS Service for any purpose,
but rather is an appointed official whose capacity as an appointed Medical Director may be
revoked by the EMS Service at any time. By approval of this agreement, the EMS Service
confirms the appointment of the Medical Director. The Parties understand that the Medical
Director appointed may be changed at any time by mutual, advance agreement of the Parties.
Section 5.02. Relationship of the Parties. It is understood that the Medical Director
is in no way vicariously liable for the conduct of the EMS Service employees. It is also
understood that the EMS Service is in no way vicariously liable for the conduct of the Medical
Director. It is understood that Provider and Medical Director are free to contract for similar
services to be formed for other services while under contract with the EMS Service.
SECTION VI
INSURANCE AND LIABILITY
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Section 6.01. Insurance and Liability. Provider shall provide Medical Director malpractice
insurance coverage applicable to the provision of Services under this Agreement of
$1,000,000.00 per occurrence / $ 3,000,000.00 in the aggregate. Such insurance shall expressly
cover the activities of the Medical Director in the role as Medical Director.
SECTION VII
MISCELLANEOUS
Section 7.01. Amendment or Modification. This Agreement may be amended or
modified from time to time only by written instrument signed by both Parties.
Section 7.02. Section Headings. The headings in this Agreement are inserted for
convenience and identification only and are in no way intended to describe, interpret, define,
or limit the scope, extent, or intent of this Agreement or any provision hereof.
Section 7.03. Severability. Every provision of this Agreement is intended to be
severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such
illegality or invalidity shall not affect the validity of the remainder of this Agreement and the
illegal or invalid provision shall be enforced to the maximum extent possible to still be legal
and valid.
Section 7.04. Governing Law and Venue. THIS AGREEMENT IS GOVERNED
BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS, EXCLUDING ANY CONFLICT -OF -LAWS RULE OR
PRINCIPLE THAT MIGHT REFER THE GOVERNANCE OR THE
CONSTRUCTION OF THIS OPERATING AGREEMENT TO THE LAW OF
ANOTHER JURISDICTION. If any provision of this Agreement or the application thereof
to any party or circumstance is held invalid or unenforceable to any extent, the remainder of
this Agreement and the application of that provision to other parties or circumstances is not
affected thereby and that provision shall be enforced to the greatest extent permitted by law.
EMS Service understands and agrees that Provider and/or Medical Director will be
performing this contract in Anna, Texas. The venue for any disputes or causes of actions that
may arise out of this Agreement is a court of competent jurisdiction in Collin County.
Section 7.05. Counterparts. This Agreement may be executed in any number of
counterparts with the same effect as if the Parties had all signed the same document. All
counterparts shall be construed together and shall constitute one instrument.
Section 7.06. Successors and Assigns. Each and every covenant, term, provision,
and agreement herein contained shall be binding upon each of the Parties and their respective
heirs, legal representatives, successors, and assigns and shall inure to the benefit of each of
the Parties.
Section 7.07. Construction, Sections, Exhibits, Etc. Whenever the context requires,
the gender of all words used in this Agreement includes the masculine, feminine, and neuter.
Each reference to a "Section" herein is, unless specifically indicated otherwise, a reference to
a section of this Agreement. Each reference to a "Schedule" or "Exhibit" herein is, unless
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specifically indicated otherwise, a reference to a schedule or exhibit attached hereto, all of
which are made a part hereof for all purposes.
Section 7.08. Entire Agreement. This Agreement sets forth the entire agreement
among the parties hereto with respect to the subject matter hereof and supersedes all prior
arrangements and understandings, if any, related hereto.
Section 7.09. Confidentiality. The terms and conditions of this Agreement are
confidential and neither Party shall release any of the terms hereof to any third party without
the prior written consent of the other party, except to the extent necessary to comply with law,
including public information requests, the valid order of a court of competent jurisdiction, or
the valid order or requirement of a governmental agency.
[Signature page follows]
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DocuSign Envelope ID: 06F6EB84-651B-4B01-AOD2-B76A3851306E
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
Effective Date:
City of Anna, Texas
By:
Name:
Title:
Address:
Questcare Medical Services, PLLC
DocuSigned by:
By:
Nam . Mt4Bush
Title: Attorney -in -Fact
Address: Questcare Medical Services, PLLC
13737 Noel Road, Suite 1600
Dallas, TX 75240
With Copy to:
c/o Legal Department
Envision Physician Services
7700 W. Sunrise Blvd. Mailstop PL-6
Plantation, FL 33322
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DocuSign Envelope ID: 06F6EB84-651B-4B01-AOD2-B76A3851306E
Schedule I
Medical Director
Eric Pearlman, MD, will serve as Medical Director
Adam Klaff, PAC will serve as the Associate Medical Director.
Page 8 of 8 486789.1
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.e.
City Council Agenda
Staff Report
Meeting Date: 2/23/2021
Staff Contact:
Approve Resolution Determining Cost of Authorized Improvements with Preliminary
SAP and Setting Levy and Assessment Hearing Date for Sherley Tract Public
Improvement District.
SUMMARY:
FINANCIAL IMPACT:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
STAFF RECOMMENDATION:
ATTACHMENTS:
I_1»:Z6IT/II I &"s
Clark McCoy, City Attorney Created/Initiated - 2/19/2021
Jim Proce, City Manager Final Approval - 2/19/2021
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.f.
City Council Agenda
Staff Report
Meeting Date: 2/23/2021
Staff Contact:
Approve Resolution Setting Public Hearing to Create a TIRZ to encompass the Sherley
Tract Public Improvement District PID property.
SUMMARY:
FINANCIAL IMPACT:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing:
STAFF RECOMMENDATION:
ATTACHMENTS:
APPROVALS:
Clark McCoy, City Attorney Created/Initiated - 2/19/2021
Jim Proce, City Manager Final Approval - 2/19/2021