HomeMy WebLinkAbout10 PROSECUTION SERVICES 06-03-08 AGENDA REPORT
MEETING DATE: June 3, 2008
TO: Mayor Jerry Amante and Members of the City Council
FROM: Douglas Holland, City Attorney
SUBJECT: Contract for Prosecution Services /Orange County District Attorney
SUMMARY
The agreement for prosecution services with the Orange County District Attorney will expire on
June 30, 2008. The District Attorney generally prosecutes Penal, Health and Safety, and
Vehicle Code violations referred by the Tustin Police Department. If referred by the City the
District Attorney's office may also prosecute violators of the Tustin City Code. The proposed
term of the agreement is for afive-year period, beginning July 1, 2008 and terminating on June
30, 2013.
RECOMMENDATION
The City Attorney recommends that the City Council authorize the Mayor to execute a
Prosecution Services Agreement with the Orange County District Attorney.
FISCAL IMPACT
Under the agreement, the District Attorney will prosecute City violations for animal control with
no charge to the City. The cost for other prosecutions will be $202 for each referral, except for
special appeal services which will be charged at an hourly rate of $127.00 (attorney} and $76
(clerical support). The rates in the 2003 agreement were $126.00, $109.00, and $17.00
respectively. It is anticipated that costs for this increase can be absorbed in the current draft
budget for fiscal year 2008-09.
BACKGROUND
In July 1993, June 1998, and July 2003, respectively, the City entered into agreements with the
County of Orange District Attorney permitting the City to refer violations of City ordinance for
prosecution with the District Attorney. Since the most recent agreement expires at the end of
June, a new five-year agreement is attached for City Council consideration. The agreement
gives the City the option of referring Tustin City Code violations to the District Attorney. The
District Attorney will continue to prosecute State criminal violations at no cos# to the City. In
addition, the agreement provides that the- District Attorney will prosecute City violations for
animal control citations at no charge to the City,
The City Attorney's Office prosecutes the Tustin City Code violations related to code
enforcement; however, the agreement provides the flexibility for the District Attorney's office to
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prosecute some code enforcement matters if deemed necessary by staff or if the City Attorney's
office has a conflict of interest.
Provisions of the agreement provide either party the ability to terminate upon 30 days written
notice.
Douglas Holland
City Attorney
Attachments: Agreement for Prosecution Services
578312.1
AGREEMENT FOR PROSECUTION SERVICES
THIS AGREEMENT, made and entered into by and between the COUNTY OF
ORANGE, CALIFORNIA, a political subdivision of the State of California and a body politic
and corporate {hereinafter designated as "COUNTY", and the City of
a municipal corporation, located in the County of
Orange (hereinafter designated as "CITY").
WITNESSETH
In consideration of the terms, covenants, conditions, and promises to be kept,
performed and observed by the parties, hereto, it is agreed as follows:
1. COUNTY, through its District Attorney and deputies, officers and employees of
his department, shall render to CITY such services as may be required to prosecute violation
of CITY's ordinances in the courts.
2. For the purpose of performing said functions, COUNTY shall provide all staffing
and supervision necessary to maintain the services to be rendered hereunder.
3. The final authority for rendition of services, standards of performance, and
other matters inciden# to the performance of such services and the control of COUNTY
personne! shah remain in COUNTY. The District Attorney shall have the sole exclusive
authority to determine whether a criminal complaint shall be filed and the conduct of legal
proceedings with respect to any suspected vlalatlons of the CITY criminal ordinances and
with respect to any additions! prosecutions handled by the District Attorney for CITY.
4. CITY shall not be called upon to assume any liability far the direct payment of
any salaries, wages or other compensation to any COUNTY personnel ,performing services..
hereunder or any liability other than that provided for by this Agreement. Except as herein
otherwise specified, CITY shall not be Ilable for compensation or indemnity to any COUNTY
employee for any injury or sickness arising .out of his employment.
5. COUNTY, its officers, agents and employees shall not be deemed to have
assumed any liability for the negligence of CITY or any of its.officers or employees; and CITY
shall hold COUNTY, its officers and employees harmless from any and all- claims for
damages resulting therefrom.
6. Both CITY and COUNTY shall hold each other harmless from liability for acts ~or
omissions of the other.
7. (a) ReferraIs for Complaints. CITY may refer suspected violations of its
criminal ordinances to the District Attorney for a determination as to whether a criminal
complaint should be filed.
CITY agrees to pay COUNTY the sum of two hundred two dollars ($202.00) for each
referral, without regard to the issuance of a complaint. As used herein, a "referral" means an
occurrence constituting an alleged violation of one or more CITY ordinances,by one person.
CITY will provide investigation, reports, copies of its ordinances, and additional evidence as
requested by the District Attorney. In cases where prosecution is.authorized by the District
Attorney, the District Attorney will draft and prepare the complaint. When "not guilty" pleas
are entered on such complaints, the District Attorney will prosecute such cases through trial
without further charge, except as provided in Paragragh 7(c) herein.
(b). Additional Prosecution. The District Attorney will prosecute CITY
citations for animal control violations with no charge to CITY. Trials on other CITY citations
and trials on CITY complaints not issued pursuant to Paragraph 7(a) above will not be tried
by the District Attorney without the consent of the Assistant District Attorney in charge of the
branch serving the judicial district in which CITY is located. The District Attorney has the
right to determine that special ordinances of exclusively local concern should be prosecuted
by the city attorney. Except as provided in Paragraph 7 (c) below, CITY agrees to pay
COUNTY two hundred two dollars ($202.00) for each prosecution of a CITY citation (other
than animal control violations) and each prosecution of a CITY complaint not issued pursuant
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to Paragraph 7{a}. As used herein, "prosecution "means the District Attorney's appearance
in Court after witnesses are subpoenaed on the first salting for one Defendant's trial. Where
CITY asks the 1istrict Attorney to request dismissal before subpoenas have been issued, no
charge will be made. As prosecutor, the District Attorney has the right to control the
disposition of all complaints, trials, and appeals herein described in accordance with the
duties of his office. CITY will provide investigation, reports, citations, copies of its
ordinances, and additional evidence necessary for trial as requested by the District Attorney.
(c) Saecial Costs. CITY may request the District Attorney to tile, answer,
and litigate appeals of convictions of violations of CITY's ordinances. CITY agrees to pay
COUNTY for such services on appeals the sum of one hundred twenty seven dollars
($127.00) per hour of at#orney time and seventy six dollars ($76.00} per hour of clerical
support's time. In addition to charges described in paragraphs 7(a) and 7(b) herein. CITY
agrees to pay COUNTY for airtime, including preparation spent in prosecutions in excess of
one day, at the rate specified in this paragraph.
(d) The above rates shall be reviewed annually by COUNTY's Auditor-
Controller and, if it is determined that a change in the rate is .necessary to reflect change in
costs to COUNTY, COUNTY shall notify CITY of such change prior to June 30~", and the
change shall become effective the following July 1s-
8. Within ten {10} days following the end of each calendar quarter, COUNTY shall
render to CITY a statement of the cost of services performed under this Agreement, and
CITY shall pay COUNTY therefore within twenty (20) days after receipt of such statement.
Such statement shall consist of the number of referrals for complaints, additional prosecution,
and Itemized special costs. If such payment is not received by COUNTY within thirty (30}
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days after rendition of billing, G{)UNTY may sa#isfy such indebtedness from any funds of
CITY on deposit with COUNTY without giving further notice to CITY of COUNTY's Intention
to do so.
9. Upon execution of this Agreement, CITY shall provide two (2) copies of its
municipal ordinances to the District Attorney. CITY will further provide the District Attorney
with complete details on any additions. deletions, or corrections to the municipal ordinances
that may occur during the term of this Agreement.
10. This Agreement shall continue in full force and effect for afive-year period,
commencing ..iuly 1.2008. and terminating on June 30, X013 ,provided that
either party may terminate upon thirty (30) days' written notice. Ali compensation for services
rendered shall be paid regardless of terrninat[on or expiration of this Agreement. Termination
of this Agreement shall not affect the duties of the parties already initiated that extend
beyond the termination of this Agreement.
IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the
Chairman of its Board of Supervisors and At#ested by the Clerk of said Board, and CITY has
caused this Agreement to be executed by its Mayor and attested by the City Clerk on the
dates set opposite their respective signatures.
Dated: , 2008
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIRMAN OF BOARD
"COUNTY"
COUNTY OF ORANGE, a political
subdivision of the State of California
By
Chairman of the Board of Supervisors
DARLENE J. BLOOM
Clerk of the Board of Supervisors
Of Orange County, California
APPROVED AS TO FORM:
BENJAMIN P. DE MAYO, COUNTY COUNSEL
By
Dated: ,2008
Dated:
"CITY"
A municipal corporation
By
Mayor
ATTEST:
By
City Clerk