City of Hampton, Virginia
22 Lincoln Street
Hampton, VA 23669
Enactment Number: -
Resolution Approving the City of Hampton,
Virginia's Participation in the Alcohol Safety Action Program.
WHEREAS, the Commonwealth of Virginia in the interest of highway safety has enacted laws to create
programs for probation, education and rehabilitation of persons convicted of
driving motor vehicles while under the influence of alcoholic beverages or
other drugs. These programs are known as Alcohol Safety Action Programs or ASAPs;
WHEREAS, since 1975, the
local program known as Peninsula ASAP has served the cities of Newport News,
Hampton, Williamsburg, and Poquoson and the counties of York and James City,
and later Charles City under the supervision of its Policy Board; and
NOW, THEREFORE BE IT
RESOLVED by the Hampton City Council that Hampton hereby reaffirms
itself as a participating locality in the Peninsula ASAP, herein called
Program, which has been established for the purpose of providing as ordered by
the courts probation, education, public information, rehabilitation and
prevention services for those individuals convicted of operating a motor
vehicle while under the influence of alcohol or other drugs, and to provide
driver improvement instruction and other services to individuals convicted of
other violations. Accordingly, the Hampton City Council hereby agrees as
- The Policy Board consists of at least
seven (7) but not more than fifteen (15) members. The Policy Board shall
oversee operation of the Program.
- Each city and county governing body
shall appoint one (1) member to serve as a representative to the Program
for a term of three (3) years. Any additional Board members shall be
elected according to the Policy Board by-laws. A Chair, Vice Chair and
Secretary shall be elected in accordance with the by-laws. The Program
Executive Director shall serve as an ex-officio member without voting
power. Members elected by the Policy Board shall be selected from, but
not limited to, the judiciary, the bar, law enforcement, education,
treatment professionals, and other interested groups.
- The Policy Board shall be responsible
to oversee the Program and shall hire and supervise the Executive
Director. The Executive Director shall be responsible to implement
operational policies for the Program, hire and supervise staff for the
Program, and control all revenues and expenditures. The Executive
Director shall serve at the pleasure of the Board.
- The Executive Director shall prepare
the operating budget and submit it to the Policy Board annually. The
budget shall include receipts from offender fees and other sources, as
deemed appropriate by the Policy Board.
- The Executive Director shall prepare the
annual report describing the activities and financial status of the
Program under the supervision of the Policy Board. The report shall be
submitted to each governing body and the Commission on VASAP.
- The Commission on VASAP conducts an
annual fiscal audit of the Program.
- The Policy Board shall approve fees as
established by the legislature and other fees as needed to operate the
Program within established state guidelines.
- The Policy Board shall adopt written
guidelines and by-laws, and establish the Programs policies and
procedures in conjunction with the Commission on VASAP policies and
- This updated resolution shall remain
in effect beginning August 20, 2008 and shall continue thereafter from
year to year unless the Hampton City Council decides to withdraw from the
agreement and withdraw its representative from the Policy Board. The Hampton City Council shall provide at least ninety (90) days written notice of withdrawal to the
Executive Director and the Policy Board Chair. The withdrawing locality
shall no longer be entitled to representation on the Policy Board or to
any other participation in the Program and its services, nor to any assets
upon Program dissolution.
- The Program is authorized to acquire
and own real property and personal property as approved by the Policy
Board for the Program operation. Title to such property shall be vested in
the Program. Should the Program cease to operate all property shall be
disposed pursuant to applicable provisions of the Virginia Code. The
Policy Board may seek the advice of the Commission on VASAP and the
Attorney General. It is the intent of this resolution that the program
assets, upon either partial or complete dissolution of the program, shall
be divided amongst the participating localities in the same proportion as
the clients served from that locality.
Adopted at the regular meeting
of the City Council of the City of Hampton, Virginia held on August 20, 2008.
Signed by ____________________________ Date
Molly Joseph Ward, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass
Clerk of the Council