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CC- 1989-44 - Reward for Information Leading to the Identity Apprehension and Conviction of Any person causing GraffitiRESOLUTION NO. 89-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING A REWARD FOR INFORMATION LEADING TO THE IDENTITY, APPREHENSION AND CONVICTION OF ANY PERSON CAUSING GRAFFITI IN THE CITY OF ROSEMEAD THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Rosemead does hereby find, determine and declare as follows: (a) Government Code Section 53069.5 provides that a general law city may offer and pay a reward, the amount thereof to be determined by the city, for information leading to the determination of the identity of, and the apprehension of, any person whose willful misconduct results in injury or death to any person or who willfully damages or destroys any property. (b) It is the policy of the City of Rosemead to offer rewards for the information leading to the identity, apprehension and conviction of any person whose willful misconduct in the City of Rosemead results in the perpetration of, or aid in, causing graffiti within the City. (c) The purpose of offering rewards is to encourage citizens to give assistance to the Los Angeles County Sheriffs Department and other law enforcement authorities so that they may better protect the City's property and the property of city residents by identifying, apprehending and convicting criminals. SECTION 2. The City Council hereby authorizes a reward of Five Hundred Dollars ($500.00) for information leading to the identity, apprehension and conviction of any person whose willful misconduct results in the perpetration of, or aid in, causing graffiti within the City of Rosemead. The reward shall be payable upon conviction of the perpetrators, or any other judicial disposition thereof which recognizes the guilt of the perpetrators. This reward offer shall not apply to any co-conspirators or co- perpetrators in the offense, nor shall the reward offer apply to any city employee. If more than one person provides information regarding a single episode, regardless of whether conducted by one or more perpetrators, the reward hereby offered shall be divided between those providing such information in a proportion which the City Manager deems just based on the contribution of each person providing the information to the arrest and conviction of the perpetrator(s). Resolution No. 89-44 • • O ASECTION 3. This reward shall he valid until repeal of this Resolution. A claim. for the reward shall be made to the City no later than six (6) months after the conviction of the perpetrator. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOP'I'L'D this 81h day of August, 1989. A'I rEST: .-CITY CLERK MAYOR I hereby certify that the foregoing Resolution No. 89-44 was duly and regularly adopted by the City Council of the City of Rosemead at a regular meeting thereof held on the 8th day of August, 1989, by the following vote: Yes:' DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: :None CLERK; 2 WALLIN, KRESS, REISMAN, PRICE & DILKES LAW OFFICE5 2800 TWENTY-EIGHTH STREET, SUITE 315 SANTA MONICA, CALIFORNIA 90405-2934 TELEPHONE (213) 450-9582 FAX 2134500SOG TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY/xL-%,_ RE: REWARD - GRAFFITI DATE: August 1, 1989 Pursuant to Council direction, the attached Resolution has been prepared. In the event the reward is actually paid, the amount paid is a recoverable cost for the City in the criminal prosecution. Thus, if the system works, the vandal is liable for the reward for his own conviction. If the vandal is a minor, the parents are liable. I think the straight reward concept is more manageable than trying to compensate individuals for lost wages, etc. Also, if you attempt to pay witnesses, by the hour, for time spent at the courthouse, on cross-examination it can diminish their testimony in the eyes of the jury... "Are you being paid for your testimony today?" Once the individual makes the report, the incentive to appear and testify is continuing, because if there is no conviction, there is no reward. cc: City Manager