HomeMy WebLinkAboutResolution 5702-02-2023 A Resolution
NO. 5702-02-2023
AUTHORIZING THE USE OF STATE ASSET FORFEITURE FUNDS FOR THE PURPOSE
OF REIMBURSING CERTAIN LAW ENFORCEMENT EMPLOYEES FOR ELIGIBLE
EXPENSES UNDER THE FORT WORTH POLICE DEPARTMENT'S LAW ENFORCEMENT
MENTAL HEALTH AND WELLNESS PILOT PROGRAM.
WHEREAS, on January 10, 2023, the Fort Worth City Council approved the appropriation and use of
asset forfeiture funds for Fiscal Year 2023 (M&C 22-0039); and
WHEREAS,asset forfeiture funds can only be used by the Fort Worth Police Department(FWPD)
to pay for eligible costs that are permissible under the U.S. Department of Justice Guide to Equitable
Sharing for State and Local Law Enforcement Agencies and the Texas Code of Criminal Procedure
Chapter 59, Forfeiture of Contraband; and
WHEREAS, the City has determined that mental health services and substance abuse counseling and
treatment for police officers and telecommunicators (collectively, "law enforcement employees") are an eligible
use of asset forfeiture funds; and
WHEREAS, law enforcement employees may currently be required to pay out-of-pocket expenses to
receive treatment that has been necessitated by an on-duty incident or an involuntary detention by, or at the
direction of, a member of the FWPD Crisis Intervention Team; and
WHEREAS, these expenses, when in excess of all available insurance coverage, can serve as a
barrier to law enforcement employees receiving necessary treatment; and
WHEREAS, the City of Fort Worth and its residents have a vested interest in ensuring that law
enforcement employees receive the treatment necessary to allow them to continue to provide critical services
throughout the City; and
WHEREAS, to address this concern, FWPD desires to create and fund a Law Enforcement Mental
Health and Wellness Pilot Program ("Program") using asset forfeiture funds to ensure that eligible medical
treatment services are fully covered for law enforcement employees;and
WHEREAS,eligibility for reimbursement under the Program will be determined by a 3-person panel
based on the criteria provided below, which is intended to ensure compliance with various state and local
requirements:
1. The law enforcement employee seeks treatment for mental health or substance abuse that has
been necessitated by, or related to, an on-duty incident(s), or the law enforcement employee
has been involuntarily detained by, or at the direction of, a member of Crisis Intervention
Team;
2. The cost of treatment from a treatment facility or licensed medical professional that is
provided pursuant to paragraph one is in excess of insurance coverage;
3. The law enforcement employee signs a release of information that provides basic updates on
attendance, compliance, and follow-up recommendations to the Department's mental health
coordinator(similar to those contemplated by the City's Employee Assistance Program);
4. The law enforcement employee acts in accordance with any and all treatment guidelines
issued by the treatment facility or licensed medical professional in relation to the treatment
sought under paragraph one; and
5. The law enforcement employee is determined fit to return to duty; and
WHEREAS, the disbursement of funds under the Program will not prohibit a law enforcement
employee from filing a claim for Worker's Compensation provided that under no circumstances shall a law
enforcement employee, treatment facility, or provider be allowed to receive funds from the Program and
Worker's Compensation for the same treatment; and
WHEREAS, Texas Code of Criminal Procedure Article 59.06(d-1)(7) requires the City Council to
approve use of these funds when it involves any increase to the salary, expenses or an allowance of a law
enforcement employee.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS, THAT:
1. The City Council approves the use of asset forfeiture funds for the Police Mental Health and
Wellness Pilot Program to cover the cost of certain treatment expenses that are in excess of
insurance coverage for law enforcement employees.
ADOPTED this 28th day of February,2023. aFORr
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By. 0OdJannette S. Goodall,City Secretary °O ° *Oo°°O° a
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/28/23 M&C FILE NUMBER: M&C 23-0174
LOG NAME: 35POLICE MENTAL HEALTH WELLNESS AND RESILIENCY PROGRAM
SUBJECT
(ALL)Adopt Resolution Creating a New Program within the Police Department to Utilize Asset Forfeiture Funds, in the Amount of$50,000.00,
Appropriated by M&C 23-0039 for the Purposes of Law Enforcement Mental Health and Wellness
RECOMMENDATION:
1. It is recommended that the City Council adopt the attached Resolution for Law Enforcement Mental Health and Wellness Program to utilize
Asset Forfeiture funds appropriated by M&C 23-0039 for the purpose of referral incentives to law enforcement employees for certain mental
wellness/psychological services.
DISCUSSION:
In February of 2022, Fort Worth City Council approved the initial use of Asset Forfeiture funds for certain law enforcement expenses within the Fort
Worth Police Department(M&C 22-0092).Following the allocation of funds in FY2022, FWPD coordinated a review of the pilot program with City
Attorney's Office and Human Resources Department to ensure all legal and policy obligations were met. On January 10,2023,the Fort Worth City
Council approved the use of asset forfeiture funds for law enforcement expenses related to the mental health,wellness,and resiliency within the
Fort Worth Police Department(M&C 23-0039).
This mental wellness incentive program will provide the law enforcement employee with an additional payout for successful referral and completion
of the mental health and wellness program. These programs generally work with medical insurance;however,one visit might still result in$2,000-
$5,000 of added expense.The assistance provided by this program is intended to offset these expenses for employees who meet all criteria and
are approved by a 3-person oversight panel of mental health trained officers.
To ensure compliance in utilizing these funds,we recommend the following policy stipulations be put in place:
1. The law enforcement employee seeks treatment for mental health or substance abuse treatment that has been necessitated by an on-duty
incident(s),or the law enforcement employee has been involuntarily detained by,or at the direction of,a member of Crisis Intervention Team;
2. The law enforcement employee pays out-of-pocket costs(costs in excess of insurance coverage)to a treatment facility or licensed medical
professional;
3. The law enforcement employee signs a release of information that provides documentation and updates similar to Resources for Living
("EAP")(i.e.attendance,compliance,and any follow-up recommendations);
4. The law enforcement employee acts in accordance with any and all treatment guidelines issued by the treatment facility or licensed medical
professional in relation to the treatment sought under subsection(1);and
5. The law enforcement employee is determined fit to return to duty.
Each program will pay the following:
1. Psychiatric In-patient Crisis Care—up to$150/day
2. Substance Abuse In-patient Care—up to$120/day
3. Partial Hospitalization Program (PHP)—up to$100/day
4. Intensive Out Program(IOP)—up to$50/day
Funding for this program is limited based on the amount allotted by City Council and the Department to conduct this pilot project. As funds are
depleted, FWPD will assess the findings of the project and seek a more permanent funding source if the program is to continue. Employees can
only receive this incentive twice and no more than$5,000 total will be paid to any single employee. Funding from this program may also be utilized
for mental health,wellness,and resiliency training or mental wellness"check-in"for high-stress and high-exposure units. Payments made under this
program will not be deemed to be part of the law enforcement employee's base salary under TLGC 143.041(b).
This M&C is required in order to satisfy requirements in the Texas Code of Criminal Procedure regarding the use of proceeds under Chapter 59
for the purposes of"increase(ing)a salary,expense,or allowance for an employee of the law enforcement agency."(Article 59.06(d-1)(7)).
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation,funds are available in the current operating budget,as
previously appropriated,in the State Asset Forfeiture Fund. Prior to an expenditure being incurred,the Police Department has the responsibility to
validate the availability of funds.
Submitted for CitkManagees Office by: Fernando Costa 6122
Originating Business Unit Head: Neil Noakes 4212
Additional Information Contact: Chris Gorrie 4014