The URL can be used to link to this page

Home My WebLink AboutCC 5 ORD VIOLATION PROS 1-3-84DATE: FROM: SUBJECT: DECEMBER 22, .1983 CONSENT CAT.W. NDAR NO. 5 1-3-84 Inter - Corn WILLIAM HUSTON, CITY MANAGER JAMES G. ROURKE, CITY ATTORNEY CITY ORDINANCE VIOLATION PROSECUTION After giving some study and thought to it, it is our conclusion that the prosecution of routine City Ordinance violations, e.~. such minor violations as parking tickets, etc., could be handled by the Orange County District Attorney's Office as efficiently as our office and at a lower cost. We typically only have a few cases each month where someone has been cited for a minor violation of the Tustin City Code and has pleaded not guilty and asked for a trial. In those cases we have to send an attorney to the MuniciDal Court where on each day there may be a hundred cases set for trial. This then involves a Deputy City Attor- ney often having to wait around a considerable period of time until our case comes up. Sometimes we might have one case on a particular day and sometimes as many as two or three. Considering that the fine that may be involved could run from $0 to $50 and that we may have to have a Deputy City Attorney spend anywhere from one to three hours, it is not too cost effective. On the other hand, the District Attorney's Office has a huge number of such cases set each day and while a Deputy District Attorney may be in the Courthouse as long as the Deputy City Attorney, he is able to handle a large number of cases during that time, thus spreading the cost of his time over a much broader base. We have had this proposal reviewed by the Chief of Police and he has concurred in our recommendation. The District Attorney's Office is willing to enter into an agreement to provide the service of prosecution of City Ordinance violations for a flat charge of $40 per case. A copy of the form of agreement is attached hereto. Accordingly, it is our recommendation that the City Council authorize the Mayor and City Clerk to enter into a contract with the Orange County District Attorney for prosecution of City Ordinance violations. While this is not a large budget item, we anticiDate it will be more efficient and result in a somewhat lower cost for performance of these services. JGR:se:R:6/28/83(10.se) 8 10 11 12 14 ~- ~ 16 o~ 17 18 19 20 21 22 2~ 24 ~ 26 27 28 AGREEMF~NT FOR PROSECUTION SERVICES THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, a .body politic and corporate, hereinafter designed as "COUNTY", and the , a municipal corpora%ion, located in the County of Orange, hereinafter designated as "CITY"i WITNESSETH : In consideration of the terms, covenants, conditions, and promises t¢ 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 municipal courts. 2. For the purpose of performing said functions, COUNTY shall provide all manpower and supervision necessary to maintain the service to be rendered hereunder. 3. The final authority for rendition of service, standards of perfoamance, and other matters incident to the performance of such service and the control of COUNTY personnel shall remain in COUNTY. 4. CITY shall not be called upon to assume any liability for 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 liable 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 11/3/81 CBS:mab 1. 14 - ~ 15 ~ 16 ~ 17 r 25 ~ 26 ~, 27 I officers or employees; and CITY shall hold COUNTY, its officers and 2 employees hazmless from any and all claims for damages resulting 3 therefrom. 4 6. Both CITY and COUNTY shall hold each other harmless from 5 liability for acts or omissions of the other. 6 7. (a) Referrals for Complaints. CITY may refer suspected 7 violations of its criminal ordinances to the District Attorney for a 8 determination as to whether a criminal complaint should be filed. 9 CITY agrees to pay COUNTY the sum of Forty Dollars ($40.00) for each 10 referral, without regard to the issuance of a complaint. As used ll herein, a "referral" means an occurrence constituting an alleged viola~ 12 tion of one or more CITY ordinance by one person. CITY will provide 13 investigation, reports, copies of its ordinances, and additional evideHce as requested by the District Attorney. In cases where prosecution is authorized by the District Attorney, he 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 18 charge, except as provided in Paragraph 7(c) herein. 19 (b) Additional Prosecution. Trials of violations of CITY 20 criminal ordinances will be prosecuted by the District Attorney on 21 citations for parking and animal control violations and complaints 22 issued in accordance with Paragraph 7(a) herein. Trials on complaints 23 and citations issued otherwise will not be tried by the District 24 Attorney without the consent of his deputy-in-charge of the branch office 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. CITY agrees to pay COUNTY Forty Dollars ($40.00) for each such prosecution /27/82 e I except as provided in Paragraph 7(c) herein. As used herein, 2 "prosecution" means the District Attorney's appearance in court after 3 witnesses are subpoenaed on the first setting for one defendant's trial. 4 Where the CITY asks the District Attorney to request dismissal before 5 subpoenas have been issued, no charge will be made. As prosecutor, the 6 District Attorney has the right to control the disposition of all com- 7 plaints, trials, and appeals herein described in accordance with the 8 duties of his office. CITY will provide investigatiQn, reports, cita- 9 tions, copies of its ordinances, and additional evidence necessary for 10 trial as requested by the District Attorney. This includes, but is not Il limited to, Department of Motor Vehicles' registration information and 12 officiaI documentation of ownership and licensing of vehicles cited under CITY's parking ordinances. (c) Special Costs. CITy may request the District Attorney to file, answer, and litigate appeals from convictions from CITY's ordinances. CITY agrees to pay to COUNTY for such services on appeals the sum of Thirty-six and no/100 Dollars ($36.00) per hour of attorney 18 time and Sixteen and no/100 Dollars ($16.00)'per hour of clerk typist's 19 or stenographer's time. In addition to charges described in paragraphs 20 7(a) and 7(b) herein, CITY agrees to pay COUNTY for all time including 21 preparation, spent prosecutions in excess of one day, at the rate 22 specified in this paragraph. 23 (d) The above rates shall be reviewed annually by COUNTY 24 Auditor-Controller, and if it is determined that a change in the rate ~ 25 is necessary to reflect change in costs to COUNTY, COUNTY shall notify ~ 26 CITY of such change prior to June 30th, and the change shall become , 27 effective the following July 1st. 6/9/82 3 ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 r 25 ~ 26 27 8. Within ten (10) days following the end of each calendar quarter, COUNTY shall render to CITY a statement of the cost of services perf6rmed under this contract, and CITY shall pay COUNTY therefor within twenty (20) days after receipt of such statement. Such statement shall consist of the n~umber of referrals for complaints, additional prosecutions, and itemized special costs. If such payment is not received by COUNTY within thirty (30) days after rendition of billing, COUNTY may satisfy 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 their municipal ordinances to the~District Attorney. CITY will further provide the Distric~ Attorney with complete details on any additions, deletions, or corrections to the municipal ordinances that may occur during the te~m of~this agreement. 10. This Agreement shall continue in full force and effect for a term of , commencing , 19__, provided that either party may terminate upon thirty (30) days' written notice. IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the Chairman of its Board of Supervisors and attested by the Clerk of said Board, and CITY has caused this Agreement to be executed by its / / / / / / 11/3/81 4 I 2 3 4 5 6 7 8 9 10 11 12' 13 14 16 17 18 19 2O 21 22 23 24 25 26 27 ,/27/8 Mayor and attested by the City Clerk on the dates set opposite their respective signatures. DATED: COUNTY OF ORANGE, a body politic and corporate ATTEST: By Chai£man of its Board.of Supervisors JUNE ALEXANDER Cler~ of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By DATED: Deputy DATED: a Municipal Corporation ATTEST: By Mayor By City Clerk Se