TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Rachel Johnson, Police Chief
Quinn Barrow, City Attorney
George Gabriel, Assistant to the City Manager
Alexandria Latragna, Communications and Civic Engagement Manager
SUBJECT:Title
Consideration of a Resolution Approving an Agreement for Prosecutorial Services As-Needed (Continued from the July 18, 2023, City Council Meeting) (City Manager Moe).
(Estimated Time: 30 Mins.)
A) DISCUSS AND PROVIDE DIRECTION
B) CONSIDER ADOPTING RESOLUTION NO. 23-0100
Body
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RECOMMENDATION:
Staff recommends that the City Council:
1. Discuss and provide direction regarding the two proposals providing prosecutorial services as-needed;
2. Consider adopting draft Resolution No. 23-0100 authorizing the City Manager to execute an agreement or agreements in accordance with Council direction.
FISCAL IMPLICATIONS:
Each proposal for prosecutorial services from Dapeer Rosenblit & Litvak LLP (i.e Dapeer) and the Law Offices of Kevin Gres is on an as-needed basis. As such, the fiscal implications are unknown at this time until staff is able to monitor expenditures depending on the legal services provided. Staff will closely monitor the billing and legal services provided, if any, and return to City Council during the mid-year budget report to possibly request an appropriation.
BACKGROUND:
At the June 20, 2023, City Council meeting, Mayor Montgomery and Mayor Pro Tem Franklin requested a report summarizing the City’s efforts on State Misdemeanor Prosecution and Homeless Court Services. Following discussion, City Council requested that staff explore reinforcing the City’s prosecution services.
DISCUSSION:
From time to time, the City has delegated criminal prosecution, and other legal services, to special counsel. Historically, the City relied on such counsel to handle all Municipal Code violations. After the Council amended the Municipal Code in 2016 to add Chapter 1.06 (Administrative Citations), Municipal Code violations and others violations historically handled through criminal prosecution have been primarily handled via an administrative citation process. Most violators will pay the administrative fine, and discontinue the behavior, without any attorney involvement or City incurring legal fees. Accordingly, the most cost effective and efficient way to obtain code compliance and deter repeat offenses is through the administrative citation process. However, there may be situations where violations should be treated as a misdemeanor or infraction. In some cases, citing offenders with an administrative citation may not obtain code compliance or deter repeat offenses.
The following crimes can be prosecuted as a misdemeanor:
• Trespassing
• Graffiti
• Illegal Shopping Cart
• Public Urination
• Public Nuisance
• Smoking in Public
In addition, the following crimes can be prosecuted as an infraction:
• Drinking in public
• Unlicensed dogs
• Unvaccinated dogs
• Unleashed dogs
• Dogs on the beach
Note, the Municipal Code allows the City to issue administrative citations for all the above violations in lieu of treating them as misdemeanors or infractions. Accordingly, the City Council has directed staff to explore engaging the services of a firm experienced in prosecution. As noted in the attached proposals, each firm is experienced in performing prosecutorial services for cities.
The proposals would authorize either firm to prosecute criminal violations and perform such services as are requested by the City Attorney, City Manager, or their designees. In addition, both proposals may also provide services related to civil investigations, obtaining warrants, and filing civil actions.
Upon execution of an agreement, on a quarterly basis, or more frequently as requested, the selected firm will provided a status report on cases handled by the firm, and the City may request changes to the legal services performed.
CONCLUSION:
Staff recommends that the City Council:
1. Discuss and provide direction regarding the two proposal providing prosecutorial services as-needed; and
2. Consider adopting draft Resolution No. 23-0100 authorizing the City Manager to execute an agreement or agreements in accordance with Council direction.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Draft Resolution No. 23-0100
2. Proposal - Dapeer Rosenblit & Litvak LLP
3. Proposal - Law Offices of Kevin Gres