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Home My WebLink AboutSEPTEMBER 8, 2015 WORKSHOP MINUTES -1- 1,1 Cr ;',w; y; Q+ Ue ES) ',.%.,,,7,..*.,,,,,. .,; OqN�Z‘o�' VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 8, 2015 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S WORKSHOP in the City Council Conference Room, Tuesday, September 8, 2015, at 4:00 P.M Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson out of town—medical emergency September 8, 2015 -2- CITY MANAGER'S BRIEFINGS 2016 LEGISLATIVE AGENDA 4:00 P.M. Mayor Sessoms welcomed Robert Matthias, Assistant to the City Manager. Mr. Matthias expressed his appreciation to City Council for their continued support: c.)(c-: _ „ ,3�.: it G 1•` OUR NPv� DRAFT LEGISLATIVE AGENDA GENERAL ASSEMBLY 2016 SESSION Robert Matthias September 8,2015 Virginia Beach City Council Meeting Below is the schedule for consideration of the proposed Legislative Agenda: CITY COUNCIL SCHEDULE September 4,2015 Council receives draft of package in Friday Package September 8,2015 Briefing to City Council by Bob Matthias September 15,2015 First public hearing October 6,2015 Final adoption by City Council September 8, 2015 -3- CITY MANAGER'S BRIEFINGS 2016 LEGISLATIVE AGENDA (Continued) Below is the General Assembly schedule for the 2016 Session: GENERAL ASSEMBLY SCHEDULE FOR 2016 SESSION November 16,2015 Pre-filing for 2016 Session begins December 7,2015 All requests for drafts of legislation to be pre-filed must be forwarded to Legislative Services January 8,2016 All requests for drafts,redrafts,and corrections of legislation must be forwarded to Legislative services January 13,2016 2016 Session of Virginia General Assembly begins March 12,2016 Adjournment;Sine Die Below are the Long Term Policy positions: LONG TERM POLICY POSITIONS 1. POST LABOR DAY OPENING FOR SCHOOLS 2. EXPANSION OF THE VIRGINA HUMAN RIGHTS ACT 3. MORATORIUM ON URANIUM MINING 4. MEDICAID EXPANSION POSITION 5. INCREASED FUNDING FOR MENTAL HEALTHCARE September 8, 2015 -4- CITY MANAGER'S BRIEFINGS 2016 LEGISLATIVE AGENDA (Continued) The City has several New Policy/Code Initiatives: NEW INITIATIVES 6. HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY COMMISSION (HRTAC) VOTING 7. STIPENDS FOR BIDDERS/OFFERS IN LARGE INFRASTRUCTURE PROJECTS 8. GOVERNMENT ACCOUNTING STANDARDS BOARD REQUIREMENTS FOR TEACHER PENSION LIABILITY 9. ADOPT LEGISLATION TO CREATE A FEE SCHEDULE FOR WORKERS'COMPENSATION MEDICAL COST 10.COMMENCEMENTOF APPROVED JOB-RELATED DISABILITY PENSION BENEFITS OF SEPARATION 11.REFORM THE LINE OF DUTY ACT NEW INITIATIVES (CONT.) 12. AMEND THE VIRGINIA CODE SECTION 842.170 TO INCREASE THE CIVIL CASE FILING FEE ASSESSED IN 1988,FROM$4.00 TO$5.00 13. VOTING RIGHTS 14. SMALL BUSINESS IMPROVEMENTS 15. UNIFORM DISPOSITION OF UNCLAIMED PROPERTY 16. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN LOCALITIES 17. FREEDOM OF INFORMATION ACT:LIMITATION OF DISCRETITION FOR CUSTODIAN OF CRIMINAL INVESTIGATIVE FILES INVOLVING SUICIDES 18. SOLUTION TO COASTAL FLOODING,REGIONAL GREENHOUSE GAS INITIATIVE 19.THE VIRGINIA CENTER FOR HOSPITALITY EXCELLENCE September 8, 2015 -5- CITY MANAGER'S BRIEFINGS 2016 LEGISLATIVE AGENDA (Continued) Vice Mayor Jones and Council Lady Wilson, as Liaisons to the Economic Development Department, sponsored a request for the Virginia Center for Hospitality Excellence (to be used to enhance the Workforce Development) to be built near Tidewater Community College (TCC). The request is for the State to provide$10-Million in funding: I 1 1 1 1 1 ue l r__ MI a I IN j/II INdi 1 1 Princess Anne HotelPnfp SermcYc Dergn rarve Z FWiHry 11.2015 Below is the proposed location: I \ T 7- ,Or.r5;C-PT4 le.\* 4 }ice bbiir1 N1i1j T ✓\,, 1111 _4 444 ....4.4..., N. e � i PRINCESS ANNE HOTEL 1 Pretend Pdeew Anne Hotel 1 September 8, 2015 -6- CITY MANAGER'S BRIEFINGS 2016 LEGISLATIVE AGENDA (Continued) Below is the revised Site Layout of the proposed hotel: =:r :� r NNW.1.11010 01,E-- tea•._ O t � r d1Oet_ �N j 'cJtjee SE3 ..io £ ee.,e, d , 0P r. r REVISED SITE LAYOUT \ Proposed Princess Anne NOW The hotel will provide learning opportunities for TCC Students pursuing a degree in not only the hospitality industry but HVAC, construction and electrical industries: I rt-v-, t l�Fs >;a MX.ES 7,,-.caK ' r h't° l,�k`1_ ,eeY Ss iwaj 1, I TRI.NM NW 1 \-ir-- ,iii!,., ......,,,...I LI i — --"EF4-- fikf 1 J.4.--i:::"1:: 1..1 E L L.-7,. 11.4.0 PRINCESS ANNE MOTEL MCWN➢ROdI Rw+n YNE•nS..y September 8, 2015 -7- CITY MANAGER'S BRIEFINGS 2016 LEGISLATIVE AGENDA (Continued) -1441 s,tet tees `4 r.' 0 5.;- 4:0„. /c --- Her { ' _ wtl. %fid: r K �` L._1_ ,,*OAST MOOS ■�n.Y nss v PRINCESS NINE NOM rt<u.s...w.�. r�ry c— no.s a.imn.u.mvwti.ann.r�.am.wmnr Below is the City Council Schedule: CITY COUNCIL SCHEDULE September 4,2015 s. Council receives draft of package in Friday Package September 8,2015 Briefing to City Council by Bob Matthias September 15,2015 First public hearing October 6,2015 Final adoption by City Council September 8, 2015 -8- CITY MANAGER'S BRIEFINGS 2016 LEGISLATIVE AGENDA (Continued) QU ESTI N S??? Mayor Sessoms expressed his appreciation to Mr. Matthias for his work. September 8, 2015 -9- CITY MANAGER'S BRIEFINGS SUPPORT LIVING PROGRAM 4:18 P.M. Mayor Sessoms welcomed Dannette Smith, Director — Human Services. Ms. Smith expressed her appreciation to City Council for their continued support. Ms. Smith stated she "wanted the Citizens of Virginia Beach to know that we continue to strive to be good stewards of tax dollars, we continue to strive to support and serve people in the community in a way that makes a difference for them." 'Et\ Human Services Department City Council Briefing Supportive Living Program James K.Spore,City Manager September 8,2015 Dannette R.Smith Cindy A.Curtis,Deputy City Manager Director Here is an overview of the Supportive Living Program (SLP): Human Services Department 0) Supportive Living Program(SLP) • Part of the Community Services Board(CSB)under the Division of Developmental Services • SLP provides services to 82 Virginia Beach residents with intellectual disabilities(IQ of 70 or below)through personal planning,habilitation and assistance in maintaining independence within the community • Committed to maximizing consumer self-determination and personal choice in the decision-making process r September 8, 2015 -10- CITY MANAGER'S BRIEFINGS SUPPORT LIVING PROGRAM (Continued) Human Services Department W ; Supportive Living Program • Staff members assist SLP consumers with the following services: Personal care and skill development Coordination of income benefits and money management Meal planning/preparation Medication assistance • HSD staff do not provide Representative Payee services A Representative Payee is a designated agent responsible for management of Social Security benefits when an individual is determined incapable of managing their own benefits A Representative Payee can be provided by family members or an external agency ( 3 The City of Virginia Beach Human Services Department (HSD) cares deeply about the children and families it serves. It is the responsibility of the Department to be accountable and transparent in the delivery of services. The Department takes all irregularities seriously and attempts to resolve them in a timely manner: Human Services Department p W Timeline • April 2015-an SLP staff member providing caseload coverage discovered financial discrepancies with a consumer's monetary transactions • Discrepancies were reported to SLP supervisor/division director who immediately notified CSB Deputy Director and HSD Director • HSD Director referred findings to the Continuous Quality Improvement(CQI)Division • April 24,2015-CQI officially reported findings to the Office of the City Auditor(OCA) Ms. Smith invited Lyndon Remias, City Auditor, to provide an overview of the findings September 8, 2015 -11- CITY MANAGER'S BRIEFINGS SUPPORT LIVING PROGRAM (Continued) Mr. Remias expressed his appreciation to City Council for their continued support. Mr. Remias distributed a copy of the "Results of Investigation involving Department of Human Services—Supportive Living Program" dated September 4, 2015, a copy of which is attached and made a part of these proceedings. The clients that were primarily impacted were having their funds managed by the same individual, a Behavior Specialist, II. The employee admitted to writing a check to themselves, cashing and using the money for personal use. Shortly after the admission, the employee resigned and the information has been turned over to the Police Department. As a result of the investigation, the City Auditor found seven (7) clients that were victim of mismanagement of their funds, ranging from $50.00 to $24,000. Details of the transactions are a part of the attached letter. Mr. Remias invited Ms. Smith to continue. September 8, 2015 GIrIIA EA'Ly N44,50,, City of Virgil ' 113 0�9 'lll, �a'�+�K:�w411.1��2 /1:160..c) Uvn1�� }3}'pv:ClNll AUDIT COMMITTEE MUNICIPAL CENTER (757)385-5870 BUILDING 1 ROOM 344 (757)385-5875 FAX 2401 COURTHOUSE DRIVE TTY: 711 VIRGINIA BEACH,VA 23456-9012 September 4, 2015 The Honorable William D. Sessoms,Jr. and Members of City Council Subject: Results of Investigation involving Department of Human Services—Supportive Living Program Dear Mayor and Council Members: The Office of the City Auditor (OCA) was formally notified by the Department of Human Services Continuous Quality Improvement (CQI) Deputy Director on April 24, 2015 of potential fraudulent activity involving the Supportive Living Program. Soon after OCA launched a formal investigation into this matter. Below are the summarized results of our investigation: Background Supportive Living Program (SLP) The SLP is a program under the Division of Developmental Services and serves residents of the City of Virginia Beach who have a diagnosis of Intellectual Disability. Services provided include person-centered planning to assist individuals to develop their abilities as much as possible while residing in community settings throughout the City of Virginia Beach. All components of this program are licensed by the Virginia Department of Behavioral Health and Developmental Services (VDBHDS). As part of the program, employees are assigned clients to assist with developing skills in the areas of budgeting and financial management. In some cases, the program acts as the Representative Payee Services on behalf of clients. In these cases,the employee is responsible for assisting clients with paying bills and monitoring their funds through their checking and savings accounts, which can consist of assisting the client with writing checks and distributing spending money. In some cases, a contract was entered into with the Department of Human Services to obtain Representative Payee Services. In other cases, a guardian or family member acts as the representative payee on behalf of the client. The Honorable William D.Sessoms,Jr. and Members of City Council Subject: Investigation 15-054 Department of Human Services—Supportive Living Program September 4, 2015 Page 2 of 8 The Up Center The Department of Human Services (DHS) has contracted with the Up Center to serve as the representative payee for certain clients. In accordance with the contract, they are responsible for providing services in accordance with the regulation of the Social Security Administration. The services include developing budgets, saving plans, timely payment of all client bills including rent and utilities, disbursing weekly living allowances, monitoring client bank account(s) and ensuring that the bank account(s) are interest bearing. On the Up Center website they describe their Representative Payee program as follows: "Our Representative Payee Program provides financial management for people with disabilities who are not competent to manage their own funds. By paying bills and ensuring sufficient money to last throughout the month, we protect vulnerable people from being financially exploited and from becoming homeless." Note: The Up Center is the representative payee for five clients, two of the clients' representative payee was SLP staff, and two had family members as their representative payee. We did not review the client's information where a family member was the representative payee because we did not have authorization to review their bank statements and related information. Summary of Findings During the time of 2011 through 2015, we identified over $50,000.00 of potentially fraudulent and/or questionable transactions involving the bank accounts of seven Supportive Living Clients. The management of the clients' funds was under the primary care of a Department of Human Services Behavior Specialist. Note: This employee admitted to the Office of the City Auditor Forensic Audit Manager that they cashed a client check and utilized the funds for personal use. This employee has since resigned upon being presented with the evidence found from the investigation. For the purpose of this investigation and the confidentiality requirements in dealing with the mentally incapacitated,the clients will be referred to as the following: No. Name Representative Payee (RP) Amount 1 Client# 1 Suspected employee $15,072.80 improperly acting as RP 2 Client #2 Suspected employee $24,047.69 improperly acting as RP 3 Client#3 Up Center $2,461.50 4 Client #4 Up Center $2,500.00 5 Client#5 Up Center $50.00 6 Client #6 Up Center $5,276.64 7 Client#7 Up Center $970.00 TOTAL I $50,378.63 The Honorable William D. Sessoms,Jr. and Members of City Council Subject: Investigation 15-054 Department of Human Services—Supportive Living Program September 4,2015 Page 3 of 8 The majority of the potentially fraudulent and/or questionable transactions involving client accounts related to the following: • Checks made payable to the employee (Behavioral Specialist) • Checks payable to "Cash" and/or the client • Checks with no explanation or supporting documentation • ATM withdrawals (Client shouldn't have had an ATM) • Withdrawals at bank counter • Returned check and overdraft fees due to overdrawn account • Bank transfers with no explanation or supporting documentation • Purchase of groceries in Norfolk and Newport News • Purchase of personal items (i.e. clothing,appliance,trips)with no explanation or supporting documentation The following are issues we identified that led to the potentially fraudulent or questionable transactions noted above: SLP Related Issues 1. Lack of Supervision Supervisor did not review client's Monthly Expense Reports. • We found Monthly Expense Reports Forms were not signed by the supervisors indicating that they had reviewed the funds, receipts, variances, and bank statements in accordance with DHS policy 3.07—"Handling of Funds for Individuals Receiving Services". 2. No Reconciliation of Funds Behavior Specialist did not prepare bank reconciliations of client accounts. • In accordance with DHS Policy: 3.07— "Handling of Funds for Individuals Receiving Services" and Number 8.442, "Supportive Living Program Consumer Funds", it is the responsibility of the program to ensure that customers have their financial interests safeguarded. The process of reconciliation is a measure to safeguard the client funds. Both policies required staff to hand in receipts, ledgers, variances and bank statements for review by the Program Coordinator; we did not see any evidence that accounts were reconciled. Note: DHS had electronic access to bank statements of all clients where the Up Center served as the representative payee. This provided the DHS Program Coordinator and supervisors' access to review activities in the client's accounts. Even though DHS paid an additional fee for this service it was not utilized. 3. Failure to Submit Monthly Expense Report and Receipts As part of the process in paying client bills whose representative payee was the Up Center (Clients #3-7), the program was responsible for submitting a Monthly Spending Information Form and supporting receipts. The Honorable William D.Sessoms,Jr. and Members of City Council Subject: Investigation 15-054 Department of Human Services-Supportive Living Program September 4, 2015 Page 4 of 8 • We found 1,184 transactions with missing Monthly Spending Information Forms and 1,514 transactions with missing supporting receipts for purchases. The following chart shows the breakdown by client: Name Dates Reviewed #of Transactions w/ #of Transactions w/ Missing Spending Form Missing Receipts Client#3 July 2011-May 2015 664 722 Client#4 July 2012-June 2015 248 165 Client#5 September 2012-June 2015 34 139 Client#6 January 2012 -June 2015 164 304 Client#7 September 2013-May 2015 74 184 TOTAL 1,184 1,514 4. Missing Documentation of Client Lease Agreements In order to determine whether the appropriate amount was disbursed for rent, we requested the client's lease agreements. • The program could not provide us with lease agreements for two clients. 5. Failure to submit Variance Forms According to DHS policies, "If funds are provided to the client, and the resulting balance exceeds $100, the responsible receiving staff will complete a Variance Form, listing the specific reason for the variance." • We found no variance forms for those instances where this occurred. 6. Incorrect Monthly Income Utilized For Monthly Expense Report As part of assisting the clients with handling of funds, it is important that proper budgeting of funds be based on the actual amount of funds the client receives. • We found that Monthly Expense Report Forms were being submitted with the incorrect budget amount. • Often the amount budgeted exceeded the actual amount the client received. The following chart depicts the total number of times this occurred: Name #of Times When Income #of Times Form Exceeds Did Not Match Actual Amount Deposited Client#5 25 25 Client#6 22 20 Client#7 17 17 The Honorable William D.Sessoms,Jr. and Members of City Council Subject: Investigation 15-054 Department of Human Services—Supportive Living Program September 4, 2015 Page 5 of 8 7. No Receipts for Releasing Requested Funds When reviewing the Monthly Expense Report forms, we noticed that on occasion a staff member would pick-up funds for the clients at the Up Center. ■ During the review of client # 5's transactions, we noticed a customer receipt where funds had been reissued from a check to cash for funds that had been obtained from the client. This was the only receipt during the reconciliation that indicated funds had been received on behalf of a client. It is clear that funds might have to be picked up for clients, but a receipt should be issued and included in the supporting documentation. 8. Failure of a Supervisor to Provide Documentation when Requested During this investigation, our office found that upon requesting documentation from a DHS Supervisor,we had to make three follow-ups attempts. • We discovered the reasons for this were that the DHS Supervisor did not have the documents; was trying to create the information that should have already existed; and lacked support for the information that they had stated they had for the clients. 9. Failure to Maintain Documentation In order to determine whether the employee's travel expenses reflected the transactions conducted on behalf of the clients, we requested the travel logs that are completed by staff when transporting clients in City vehicles. • These records were not always maintained. This step would have been an important analysis in determining whether the employee actually performed the services as determined during the reconciliation. The Honorable William D. Sessoms,Jr. and Members of City Council Subject: Investigation 15-054 Department of Human Services—Supportive Living Program September 4,2015 Page 6 of 8 The Up Center Related Issues The Up Center was the representative payee for clients#3-#7. The results of the following findings were based on the review of documentation related to these clients. 1. Failure to Obtain Supporting Documentation before Paying Expenses • Bills were paid without supporting receipts or documentation to support the expense. 2. Failure to Maintain Required Documentation • Required documents were not maintained in accordance with the contract, which states, "Provider shall maintain books, contract, licensing documentation, medical records, and any other documentation related to this agreement as required for a period of ten years from the date of the contract or completion of an audit,whichever is late." 3. Failure to Follow-up on Requested Funds not utilized • On several occasions funds were requested by SLP staff for various purchases on behalf of the client. Even though the amount provided was more than the actual purchase amount there was no evidence the difference was re-deposited back into the client's account. For example: o Request made on behalf of client #6 for the purchase of furniture in the amount of $2,000.00, but a receipt for $1,689.72 was submitted. There was no evidence that the $310.28 was returned to the client's account nor were there any receipts supporting how the$310.28 was spent. o Request made on behalf of client #6 was made for an $800.00 television and $875.00 exercise bike. No receipts were submitted to show the purchases were valid. o Request made on behalf of client #6 for $600.00 for clothing. We found receipts totaling $488.64 with a note, written by the employee, that $110.36 was returned to the client's account. We found no evidence of the $110.36 being returned to the client's account. Other Issues 1. Failure to Verify Educational Background The Behavior Specialist was given the ability to write treatment plans that were submitted for Medicaid reimbursements. Upon inquiring from management why the employee was given that ability, management stated the employee had a Master's Degree in Community/Clinical Psychology. • We found no evidence of any degree (Bachelors or Masters) held by the employee or any evidence to verify the employee's educational background in the employee's personnel files. The Honorable William D. Sessoms,Jr. and Members of City Council Subject: Investigation 15-054 Department of Human Services—Supportive Living Program September 4, 2015 Page 7 of 8 We reviewed the employee's personnel folders held by the program, DHS Human Resource Division and the City's Department of Human Resources (HR). We found the application listed a Bachelor's degree and credits toward a Master's, but no transcripts. Note: Verification of educational background is the responsibility of HR. This issue has been discussed separately with the Director of Human Resources and procedures are being put in place to address this issue. Actions taken to Date As a result of the investigation into the above issues,the following personnel action has been taken: • On May 15th,the Behavior Specialist II resigned • A letter was placed in the file of the Behavior Specialist with the right not to rehire • The Behavior Specialist was placed into the DBHDS CHRIS system for Abuse/Neglect • Two employees received suspensions Program enhancements are being addressed: • Staff were made to sign a funds management acknowledgement statement outlining responsibilities and requirements for assisting with client budgets and money management (May 18, 2015) • Additional communication with family members is scheduled • Regularly scheduled supervision has been enhanced to include monthly monitoring of client financial ledgers • Action plans for reimbursement of funds are being coordinated with Risk Management, City Attorney's Office, Office of the City Auditor and DHS Issues with the Up Center are being addressed: • The contract with the Up Center is being reviewed and clarifications to the contract, where needed, are being addressed by DHS • Training between the UP Center and DHS will take place in September Issues referred to Police Department for further Investigation: • Theft of client funds State/City agencies notified of issues: • Adult Protection Services • Department of Behavioral Health and Development Services • Social Security Administration The Honorable William D.Sessoms,Jr. and Members of City Council Subject: Investigation 15-054 Department of Human Services—Supportive Living Program September 4, 2015 Page 8 of 8 Recommendations The Office of the City Auditor made over 26 recommendations to strengthen internal control and operating procedures to ensure compliance with city, state, and federal regulations. These recommendations were detailed in our full report provided to the Director of Human Services, and included taking disciplinary action for all employees involved with the above issues as well as developing and enhancing operational controls. Corrective Action Plan Dannette R. Smith, Director, Department of Human Services, is developing a detailed comprehensive action plan to promptly address the issues that have been discovered to date. Ms. Smith and her staff have been very pro-active, cooperative, and transparent in working with my office to determine the extent of the issues uncovered. Ms. Smith's management response to our findings is attached to this report. If you have any questions relating to this matter or would like to discuss further please do not hesitate to contact me at 385-5872 or via e-mail at Lremias@vbgov.com. Sincerely, Lyndon S. Remias, CPA,CIA, CRMA City Auditor sah/Isr c: Audit Committee Members James K. Spore,City Manager Cindy A. Curtis, Deputy City Manager Dannette R. Smith, Director, Department of Human Services Mark D. Stiles, City Attorney -12- CITY MANAGER'S BRIEFINGS SUPPORT LIVING PROGRAM (Continued) Ms. Smith advised the steps below were taken as an Immediate Response: Human Services Department 2 ; Immediate Response Response to SLP Consumers: • HSD,City Risk Management,City Attorney's Office and OCA are continuing to review repayment of consumer funds ELT members and CSB leadership team met with five(5)SLP consumers regarding unaccounted funds Affected SLP consumers were evaluated by newly assigned staff to ensure no adverse effects would impede their housing and future financial obligations Human Services Department Immediate Response Response to SLP Program and Staff: May 2015—suspected staff member resigned. Disciplinary action taken against two(2)SLP staff members In tandem with OCA,HSD cooperated with the Adult Protective Services (APS)investigations of client exploitation Current policies/procedures are under revision to reflect necessary changes regarding money management Internal fiscal controls are under revision to ensure clear supervisory oversight and accountability May 2015-CSB staff members signed a"Letter of Understanding" defining roles and responsibilities in matters of consumer money (.. management September 8, 2015 -13- CITY MANAGER'S BRIEFINGS SUPPORT LIVING PROGRAM (Continued) Human Services Department Immediate Response SLP Proaram and Staff(coned.): • Documented face to face monthly supervisions have been implemented to ensure staff are supported,monitored,and held accountable for the delivery of services • HSD is working closely with the Representative Payee contractor to ensure appropriate oversight,tracking,documentation and reconciliation occurs • Revising annual contract to define specific deliverables • September 2015-SLP staff and the Representative Payee contractor meeting for training on internal fiscal controls • HSD will provide a corrective action plan for the twenty six(26) recommendations from the OCA report;six(6)recommendations have been completed and additional twenty(20)are in process Ms. Smith advised the Department is continuing to look at and revise the Policies and Procedures to reflect the necessary changes regarding money management. Also, the Department has instituted additional `Infrastructure Development": Human Services Department HSD Infrastructure Development • Creating a culture of accountability for HSD staff members and supervisors on new expectations • Assembled an Executive Leadership Team(ELT) Realigning HSD to create program efficiencies,fiscal controls and implementation of best practices Providing extensive training in leadership,program operations and fiscal management to front line supervisors • Developing a Senior Leadership Team(SLT) • Revamping departmental policies/procedures to ensure appropriate service delivery and accountability r • Modernizing HSD current technology to include scanning solutions that ` 8 reduces/eliminates paper files September 8, 2015 -14- CITY MANAGER'S BRIEFINGS SUPPORT LIVING PROGRAM (Continued) Human Services Department flups i ns and AnswPrc [9 ) Mayor Sessoms expressed his appreciation to Ms. Smith and Mr. Remias for this update and for their work to ensure continued accountability for employees in the Department. September 8, 2015 -15- CITY MANAGER'S BRIEFINGS STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE(SAFER) GRANT RESULTS 5:10 P.M. Mayor Sessoms welcomed Steve Cover, Chief — Fire Department. Chief Cover expressed his appreciation to City Council for their continued support. Chief Cover advised the City was awarded a Federal Emergency Management Agency "Staffing for Adequate Fire and Emergency Response Grants (SAFER)"; a copy of the specific information for the Grant is attached and made part of these proceedings. This program was created by the Federal Government to provide funding directly to Fire Departments to help them increase or maintain trained, `front line'firefighters. The attached document provides the following:• Overview, Projected SAFER Funding and City Funding and the Placement of SAFER Firefighters. Chief Cover also distributed a copy of the attached Map depicting a snapshot of the City's Four Minute Response Time for April 2014 —June 2015. The "red dots" show the times the response was over the four minutes and the "green dots"show the times the bench mark was met. Mayor Sessoms expressed his appreciation to Chief Cover and the entire Fire Department for their hard work and dedication to the City. September 8, 2015 Staffing for Adequate Fire and Emergency Response Grants (SAFER) Overview • Created to provide funding directly to fire departments to help them increase or maintain trained, "front line" firefighters. • The goal of SAFER is to enhance local fire departments' ability to comply with staffing; response and operational standards established by the NFPA 1710 (national consensus standards) response benchmarks established by the Commission of Fire Accreditation International (CFAI). This will also meet VBFD's goal of having four people on the scene in 4 minutes travel time and to meet OSHA requirements of"2 in/2 out". • SAFER provides financial assistance to help fire departments rehire firefighters that have been laid off, retain firefighters facing imminent layoffs, fill positions that were vacated through attrition, or hire new firefighters. The goal is to assist departments to improve or restore staffing levels to ensure they have adequate personnel to respond and safely perform at incident scenes, and to provide protection from fire and fire-related hazards for their communities. This category provides two-year grants to assist fire departments by paying the salaries and benefits of the SAFER-funded positions. Projected SAFER Funding and CVB Funding FY2016 FY20171 FY20182 FY2018 FY20192 Performance Period Feb 2016-Jan 2018 Feb 2016-Jun 2016 Jul 2016-Jun 2017 Jul 2017-Jan 2018 Feb 2018-Jun 2018 Jul 2018-Jun 2019 (5 months) (12 months) (7 months) (5 months) (12 months) Salaries and Benefits $323,490 $787,908 FLSA& Holiday $297,135 $798,531 $485,912 Overtime $23,590 $57,552 $ $ PPE _ - Fire Programs-ATL Fire Programs-ATL Fire Programs-ATL $ Uniforms - $3,300 $ $ $ General Fund Total ALL - - - $347,080 $848,760 'Includes 1.34%VRS Offset and 1.66%COLA Increase Recruit Academy+EMT-A=8 months 2lncludes 1.66%COLA Increase After graduation from Academy, promoted to FF(5%increase) Placement of SAFER Firefighters • Fire Station 4 [Chesapeake Beach]: Protects critical infrastructure at Little Creek and Fort Story, in addition to Airport Industrial Park and Burton Station SGA. With fourth person, ERF can be met more efficiently in Chesapeake Beach and Ocean Park for Accreditation. Places four firefighters on scene in Northampton Corridor/Burton Station SGA which currently has elongated response times. Provides "2 in/2 out" for single engine fire station to meet OSHA requirement. • Fire Station 9 [Kempsville]: Assists in protecting critical infrastructure at Little Creek. Busy single engine in heart of Kempsville, provides "2 in/2 out" for single engine fire station to meet OSHA requirement. This would strengthen response to western border of the city. With fourth person, ERF can be met more efficiently in Green Run, Stumpy Lake and areas of Aragona and Lake Edward for Accreditation. • Fire Station 12 [Seatack]: Protects critical infrastructure at Oceana Naval Air Station and Dam Neck. With fourth person, ERF can be met more efficiently at the Oceanfront, Ocean Lakes, Lago Mar, Red Mill and Sandbridge sections of city for Accreditation. Provides a fourth firefighter on Fire Boat 12. Provides "2 in/2 out" for single engine fire station to meet OSHA requirement. • Fire Station 1 [First Landing]: Protects critical infrastructure at Little Creek and Fort Story. Fourth person on Engine 1, in conjunction with fourth on Engine 4, provides increased effective response force (ERF) to Shore Drive and Northampton Corridor for Accreditation. Places four people first on scene in North End which has elongated response times. Provides a fourth firefighter on Fire Boat 1. [The placement of one firefighter per shift at this station does not continually provide four person minimum staffing as this firefighter position is calculated as a "leave spot"to cover for the additional positions added to the shift staffing.] • ftIIlbf • SAS i •:''''''..''''"'-'-'"'T''''''''''' a^" o ff •� -• i i �� i • i /t f' I ./".7. ,Stilt I- , "t 4,1 ,, • • ftY:4 %. - • • • +♦ . • t' ♦dk --. • o ii ^ • jY ,. \ • • . i • • I _ • t. • „ Y �.. ' • ‘.,,, • • a: fs."1,1-11' . • /A \ . • • "fit c z ....7 k I •• • ,• •s0 $11• Z • • • 41.'- • * • ..v., fr7i .i . 3 '�• • • \ *0 3 4 <o • 4P4,1140 nano ♦♦ �+ ri„,„•-•• • ; t • a4 un f gu J( Y Q $ •� tJ J • tm�1 R • •I • V 7 $ `•• 8 UI • • 1 • 41, ♦• . toV '. fi ' /� 40 i' '�, ".'.. )' /4.4 itriP -.44 • i♦i •• • • • v ' ' • 0 S . I • ; li u . ' i a�" 11711$6. d'sL E v�� 'Zito s _ (® cv ( 0 2oU 1jJ ACV -16- CITY MANAGER'S BRIEFINGS POLICE BODY CAMERAS Status Report 5:25 P.M. Mayor Sessoms welcomed James A. Cervera, Chief—Police Department. Chief Cervera expressed his appreciation to City Council for their continued support. Chief Cervera advised today's Briefing will provide an overview and update regarding the Body Worn Camera project: s.a .t.` POLICE DEPARTMENT # '�•RN CAMERA .1.0j; r` UPDATE Counci mary September 8,2015 Below are the reasons to implement this program: `jT y Juipi' t a BWC Program? tations 3ransparen t., Accountability o .-nbiased recount of events t Technological advancements September 8, 2015 -17- CITY MANAGER'S BRIEFINGS POLICE BODY CAMERAS Status Report (Continued) Below are a few of the "Pros": C Program - Pros o" Reduced citizen complaints E Reduced litigation costs o Unbiased review of encounters between police and citizens Evidentiary value for court proceedings tit, E Identify employee behavior to be corrected o More thorough investigations of citizen complaints Below are a few of the "Cons": BWC Program - Cons oExpensive program to implement and maintain 6 E Data storage,review,redaction will cause increased workload on city staff-increased personnel needed to handle FOIA requests tzi ComIT,Commonwealth's Attorney and Police will need additional FTE's to manage the increased workload o Hesitation of citizens to be recorded o Sensitive cases and privacy concerns September 8, 2015 -19- CITY MANAGER'S BRIEFINGS POLICE BODY CAMERAS Status Report (Continued) The City must make these Key Decisions in moving this project forward: Decisions Cloud storage or internal servers 0 Policy development a Funding , • Additional FTEs? Retention times(General Assembly question) CI Vendor selection o Town hall meetings to solicit input o Train all officers prior to implementation Public Awareness and Education is very important in moving this project forward: tic Awareness / Education F Educate the community o Utilize media to inform the public we will begin utilizing$WC's is Social media and vbgov website campaigns r Conduct'town hall'style meetings to solicit input from the public September 8, 2015 -20- CITY MANAGER'S BRIEFINGS POLICE BODY CAMERAS Status Report (Continued) ;' nibracing Technology ont Cameras 10 increased to 19 x ny. Q . a f.> i ed expansion I 2004 PhotoSafe red light cameras-13 intersections r„,.,* In-Car Cameras-acquired 124 units a 2009 Tasers with cameras-475 0 2011 License Plate Readers -7 o Facial recognition cameras 2002 ■ Lessons learned Questions dr 0 , Mayor Sessoms thanked Chief Cervera and the entire Police Department for their hard work and dedication to the City. September 8, 2015 -21- ADD ON Chief Cervera provided a copy of his statement he made earlier today regarding the events of September 5, 2051, which is attached and made a part of this record. September 8, 2015 First of all, I want to point out that the Virginia Beach Police Department believes in the sanctity of life. We regret the loss of life of Mr. Perry and Ms. Kager. On September 5, 2015, a VBPD surveillance and arrest operation led to in an officer involved shooting that resulted in the deaths of two persons: Angelo Perry of Virginia Beach and India Kager of College Park MD. There was a male infant, less than 6 months of age, in a car seat in the rear seat of the vehicle who was not harmed. I want to first emphasize a few points: • For the fourth time in 3 months, Virginia Beach Police Officers were fired upon by armed suspects and had to return fire to defend themselves. In 3 of the 4 incidents the suspect fired multiple rounds at the officers. • In this latest case, officers confronted the subject, Angelo Perry, who was heavily armed with a 9mm handgun and had at his feet a Tec-9 semi-automatic weapon. Mr. Perry was a convicted felon with an extensive criminal record to include crimes of violence. He was released from the penitentiary in May 2014 after serving 12 years of a 13 year sentence for malicious assault with a firearm after he shot multiple rounds at another person, striking the victim in the back. On June 10, 2013 he was charged with another malicious assault in Wise County that was reduced to a misdemeanor. In May 2014, he was placed on parole Virginia for the original malicious assault charge. His parole was transferred to the State of Georgia, but Mr. Perry had since returned to Virginia Beach. • Officers were unaware of the presence of the infant during this operation until it had concluded and the vehicle in which Perry and Kager were traveling had been secured. The infant was later identified to be the child of Perry and Kager. • There were four officers from Special Operations who actually discharged their firearms. These officers were dressed in uniforms and ballistic vests clearly marked "police" that identified them as police officers. Each of the four officers are highly trained veteran officers, whose police experience ranges from 9 to 17 years with the VBPD and 3 to 13 years within their current assignment with Special Operations. • All of the officers involved have extensively trained, practiced, and conducted actual arrest operations of the type used on Saturday night. These officers have been placed on administrative assignment while the investigation into this incident is conducted as per department policy. • There will be three separate investigations conducted, one by the VBPD Homicide Unit, one by the CWA to determine if the officers were justified in their use of force, and one a final administrative investigation to determine if the officers' actions were within policy, procedures, training and lessons learned. All of the officers involved in the incident are Caucasion, while Mr. Perry and Ms. Kager are African-American. • The surveillance and arrest operation was directly supervised lieutenants from Police Intelligence, Detective Bureau and Special Operations. • You will have questions we can't yet answer both because there is still an on-going homicide investigation, and because less than 72 hours has passed since the incidents and there are answers we do not yet have. • I want to emphasize that the officers utilized their experience and training to best mitigate a violent confrontation. The officers put themselves in harm's way to prevent another act of violence at the hands of Mr. Perry. The VBPD has been conducting an extensive investigation of a homicide within the city and have collecting information on this case during that time. Based on information received from the community, Angelo Perry was developed as person of interest in the case. Investigators began a surveillance of Perry's movements with the assistance of members of the VB Special Operations who were involved due to Perry's violent criminal past and the knowledge that he would be armed. Further information from the community also advised that Perry was planning to commit another violent act within the city. Perry was positively identified in a vehicle, driven by Ms. Kager, by surveillance teams under the previously mentioned supervision from Criminal Intelligence, Detective Bureau and Special Operations. At that time, Kager and Perry were the only occupants visible to the surveillance units. While under surveillance, Kager drove her vehicle in an erratic and evasive manner. Based on further information that was received, commanders of the surveillance operation decided to make stop on the vehicle once they were in a position to control the vehicle and its occupants. The vehicle made its way to the 7-11 2093 Lynnhaven Pkway near Salem Road, followed by Special Operations members, and pulled into a parking space away from other vehicles and patrons. Members of Special Operations then approached the vehicle consistent with their training and experience in an immediate and efficient manner. Rather than submitting to the arrest, Mr. Perry, sitting in the front passenger's seat, immediately chose to fire multiple rounds at the officers. One officer was shot by Mr. Perry with the fortunately with one round passing through the shirt of the officer without striking him. Officers returned fire and Mr. Perry was struck by multiple rounds. Unfortunately, Ms. Kager, who was seated adjacent Mr. Perry in the driver's seat, was struck by multiple rounds as well. After the vehicle was secured, officers and a Special Operations medic began life-saving efforts of both Mr. Perry and Ms. Kager but both had succumbed to their injuries. It was at this point the officer found the infant, unharmed, strapped in a car seat in the rear of the vehicle. A loaded 9mm handgun was recovered in Mr. Perry's possession and a loaded Tec-9 semi-auto weapon was found in a bag at his feet. The entire incident at the 7-11 began and ended within 15 seconds. I am thankful that no officers were physically harmed during this incident. Since this event, we have notifed the families of both Ms. Kager and Mr. Perry. Autopsies of both are still to be conducted. Our Forensics unit has processed the vehicle, all weapons involved and recovered have been packaged and sent for ballistics analysis. The weapons recovered from Perry will be traced. Interviews still need to be conducted with witnesses. -22- ADJOURNMENT Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 5:50 P.M. ,,,•6,„„d -2/ Amanda Fi/il'ey- arned CMC Chief Deputy City Clerk R Hodges Fraser,MMC City Clerk September 8, 2015