CITY OF SIMI VALLEY MEMORANDUM

Transcription

1 CITY OF SIMI VALLEY MEMORANDUM AGENDA ITEM NO. Consent (2) September 29, 2014 TO: FROM: City Council Police Department SUBJECT: APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF SIMI VALLEY AND THE COUNTY OF VENTURA FOR CONTINUED PARTICIPATION IN THE SIMI VALLEY COMMUNITY PROSECUTION PROGRAM STAFF RECOMMENDATION It is recommended that the City Council approve the attached agreement (page 5) with the County of Ventura in the amount of $60,000 for the Community Prosecution Program, and authorize the Mayor to execute the agreement for FY CITY MANAGER S RECOMMENDATION The City Manager recommends approval. BACKGROUND AND OVERVIEW On October 27, 2008, the City Council approved an agreement with the County of Ventura to create a Community Prosecution Program (CPP), whereby the County would provide a Deputy District Attorney (Attorney III or higher, per the County s classification) to work with the Simi Valley Police Department. On October 14, 2013, the City Council approved an agreement with the County to extend the CPP for FY , which expired on June 30, 2014, and a new agreement is now necessary to continue the program (Attachment A, page 3). Staff recommends that the City Council approve an agreement with the County to continue the CPP for FY (Attachment B, page 5). FINDINGS AND ALTERNATIVES The City has benefited from participation in the CPP by having a locally assigned prosecutor who keeps Police Department staff current on case law, reviews search warrants, expedites case review for filing consideration, and monitors overall case submissions, which has resulted in more efficient allocation of investigative resources and more effective case prosecution. Continued participation in the CPP will maintain these enhanced and effective services at the Police Department and augment other services provided by the Ventura County District Attorney s Office to the citizens of Simi Valley.

2 2 Since FY , the CPP has been jointly funded by the City of Simi Valley, the City of Thousand Oaks, and the County of Ventura. Prior to that time, the CPP was jointly funded by the City of Simi Valley, the City of Moorpark, and the County of Ventura. The prosecutor assigned to the CPP spends a proportional amount of time working within each participating entity. The CPP prosecutor will continue to work in Simi Valley two days per week. Although the cost to provide this service has increased, the County of Ventura has not passed on this increase to the City. The City s historical share of the cost has been $60,000 per year; therefore, the cost of this service will remain unchanged for FY The City s adopted FY Budget includes $60,000 for the CPP. The following alternatives are available to the City Council: 1. Approve the attached agreement (Attachment B, page 5) with the County of Ventura in the amount of $60,000 to continue the Community Prosecution Program, and authorize the Mayor to execute the contract for FY ; 2. Do not approve the attached agreement; 3. Provide staff with additional direction. Staff recommends Alternative No. 1. SUMMARY Since 2008, the City has participated in a Community Prosecution Program (CPP) with the County of Ventura to provide a Deputy District Attorney (Attorney III or higher, per the County s classification) to work with the Simi Valley Police Department. The City Council previously approved an agreement to continue participation in the CPP for FY , which expired on June 30, 2014, and a new agreement is now necessary to continue the program (Attachment A, page 3). Funding for continued participation in the CPP is included in the City s adopted FY Budget. Staff recommends that the City Council approve the agreement (Attachment B, page 5) with the County of Ventura in the amount of $60,000 to continue the CPP for FY Mitch G. McCann, Chief of Police Police Department INDEX Page Attachment A Cover Letter dated July 1, Attachment B Agreement with County of Ventura... 5

3 OFFICE OF THE DISTRICT ATTORNEY COUNTY OF VENTURA, STATE OF CALIFORNIA 3 GREGORY D. TOTTEN District Attorney JANICE L. MAURIZI Chief Assistant District Attorney MICHAEL K. FRAWLEY Chief Deputy District Attorney Criminal Prosecutions W. CHARLES HUGHES Chief Deputy District Attorney Administrative Services July 1,2014 Mr. Eric J. Levitt City Manager City of Simi Valley 2929 Tapo Canyon Road Simi Valley, CA MICHAEL D. SCHWARTZ Special Assistant District Attorney Justice Services R. MILES WEISS Chief Deputy District Attorney Special Prosecutions MICHAEL BARAY Chief Investigator Bureau of Investigation Re: Community Prosecutor Program Dear Mr. Levitt: Thank you once again for working with the Ventura County District Attorney's Office to renew the Community Prosecutor Program in the City of Simi Valley. It is gratifying to see this program continue to benefit the Simi Valley Police Department and the residents of Simi Valley. As agreed, we will continue to assign an experienced deputy district attorney to serve the needs of the City of Simi Valley, its police department, and its residents. We will staff the program with a deputy district attorney in the Attorney III or Senior Attorney classifications. These classifications include the attorneys to which we assign our most complex cases and who have an average of well more than a decade as prosecutors. To address the unique law enforcement challenges facing Simi Valley, our experienced deputy district attorney works closely with the police department and is available to the City Attorney and code compliance staff. Experience in the program has shown that the closely coordinated efforts of police officers and the community prosecutor enables the more efficient allocation of investigative resources and produces stronger, more effective cases for prosecution. For several years Simi Valley's Community Prosecutor position has been shared between Simi Valley and Thousand Oaks on a pro rata basis, working two days per week for each city, and we will continue this arrangement during Fiscal Year Although the cost for our office to provide this service will again increase, as it has for the past few years, we have not sought to pass these cost increases to your residents. We understand that your City Council has again budgeted $60,000 for this program this fiscal year and we will continue to provide the service in Fiscal Year for that same amount. Hall of Justice 800 South Victoria Avenue, Suite 314, Ventura, CA (805) Fax (805)

4 4 Mr. Eric J. Levitt July 1,2014 Page 2 Enclosed for your City Council's ratification is a Community Prosecutor Program agreement to formalize the ongoing agreement between the City and the County. I have long appreciated the outstanding relationship our office enjoys with the City of Simi Valley and its police department. GDT:mm cc: Lynn Freeman Enclosure

5 5 SIMI VALLEY COMMUNITY PROSECUTION PROGRAM AGREEMENT BETWEEN THE CITY OF SIMI VALLEY AND THE COUNTY OF VENTURA This Agreement to conduct a Community Prosecution Program between the City of Simi Valley (City) and the County of Ventura (County) through the Ventura County District Attorney's Oftice (District Attorney) is made this _ day of July, WHEREAS, City and County desire to enter into this Agreement to facilitate a Community Prosecution Program (Program) for the City, through the District Attorney's Office, and WHEREAS, a highly experienced deputy district attorney (Attorney III or higher) will serve as the designated Simi Valley Prosecutor for the Program in accordance with the provisions set forth below. NOW THEREFORE, City and County agree as follows: 1. The term of this Agreement will be from July 1,2014, through June 30, Either party may terminate this Agreement at any time by giving thirty (30) days' advance written notice thereof to the other party. 2. The City agrees to pay County a pro-rata share of the net cost of the Program's assigned deputy district attorney's salary and benefits in the amount of Sixty Thousand Dollars ($60,000) from July 1, 2014, through June 30, Indirect costs, ifany, are waived by County. The District Attorney shall invoice City quarterly in the amount of Fifteen Thousand Dollars ($15,000). 3. The District Attorney agrees to maintain a highly experienced deputy district attorney (Attorney III or higher) to exclusively serve as the Simi Valley Prosecutor two days per week. The District Attorney will work closely with and coordinate these services in conjunction with the Simi Valley Police Department. In addition to all of the services provided under this Agreement to the Simi Valley Police Department and community, the Simi Valley Prosecutor will also be available to work directly with the City Attorney and Code Compliance staff. 4. The District Attorney will provide an annual report on the Program and activities initiated during the reporting period for the City Council. 5. The Simi Valley Prosecutor will work closely with the Police Department's Special Problems Section (SPS) in an effort to address problems ranging from acts of violence and under-age drinking at local restaurants and bars to illegal activity associated with disreputable massage parlors. The Simi 1

6 6 Valley Prosecutor will be familiar with the unique concerns of various neighborhoods and business centers and provide special attention and careful consideration to the cases that arise. 6. The Simi Valley Prosecutor will work directly with another specially trained gang prosecutor from the District Attorney's Office responsible for prosecuting gang crimes occurring in the Simi Valley area. The Simi VaHey Prosecutor, in conjunction with a specially trained gang prosecutor, will work with the Police Department's Special Problems Section, to monitor gang crime and graffiti, in addition to providing direct liaison services to the high schools. 7. The Simi Valley Chief of Police and District Attorney agree to support and address efforts of the Simi Valley Prosecutor to assist and address quality of life crimes, truancy programs, disruption of school and school campus related crimes and will work closely with and coordinate these services in conjunction with the Simi Valley Police Department. 8. The parties, or their designees, will meet four (4) times per year (quarterly) to discuss the status of the Program, including: gang violence suppression strategies, progress of Program goals and objectives, implementation of Program services, and areas of concern in the implementation of the Program. 9. The City, through its Police Department, will provide the following: a. The Chief of Police or designee will participate in quarterly meetings to discuss the status of the Program and will serve as the chairperson of these meetings. b. The Chief of Police will request staff members from the Police Department, other agencies in the City, and citizens to participate in quarterly meetings to discuss the status of the Program. c. The Simi Valley Police Department will provide workspace f<?r the Simi Valley Prosecutor assigned to the Program. d. The Simi Valley Police Department will support the District Attorney in the prosecution of individuals, who are identified as criminal street gang members, by ensuring that the proper documentation pursuant to Penal Code Section is completed. e. The Simi Valley Police Department will provide assistance to victims, witnesses, and the District Attorney in order to protect cooperating victims and witnesses from acts of intimidation and/or retribution. 2

7 7 f. The Simi Valley Police Department will support the Program evaluation efforts by providing all necessary data, information, and documentation at quarterly meetings. g. The Simi Valley Police Department will work with the District Attorney to identify and meet objective performance measures over the term of the Program. h. The Simi Valley Police Department will encourage and support coordination with other individual agencies, and organizations that work in the areas of criminal prosecution and gang violence. 1. The Simi Valley Police Department will provide assistance with any public relations activities associated with promoting and evaluating the Program. 10. The District Attorney will provide the following: a. The District Attorney or designee will participate in quarterly meetings to discuss the status ofthe Program. b. The District Attorney will ensure that appropriate individual(s) participate in the quarterly meetings to discuss the status of the Program. c. The District Attorney will prepare an annual report on the success of the Program and activities initiated during the reporting period for the City CounciL The report will outline activities initiated during the reporting period and include summary data on the number of cases reviewed, cases filed, meetings attended and community briefings attended. d. The District Attorney will assign one (1) highly experienced deputy district attorney (Attorney III or higher) to the Program, two days per week, to serve as the Simi Valley Prosecutor for the City. The assigned Simi Valley Prosecutor will be highly qualified to prosecute all criminal cases. The assigned Simi Valley Prosecutor will have special assistance from a gang prosecutor from the District Attorney's Office specially trained to address gang related Penal Code section cases. e. The District Attorney will provide true vertical prosecution of gangrelated cases with the gang prosecutor assigned to assist with specialized Penal Code section cases. The assisting gang prosecutor will handle each court appearance until the conclusion of a gang-related case. f. In gang-related prosecutions, the District Attorney will provide assistance to victims, witnesses, and the Simi Valley Police Department 3

8 8 in order to protect cooperating victims and witnesses from acts of intimidation and/or retribution. g. The District Attorney will support the Program evaluation efforts by providing all necessary data, information, and documentation at quarterly meetings. h. The District Attorney will encourage and support coordination with other individuals, agencies, and organizations that work in the areas of criminal prosecution and gang violence. 1. The District Attorney will provide assistance with any public relations activities associated with promoting and evaluating the Program. 11. The relationship of the parties to this Agreement shall be that of independent contractors and in no event shall the Simi Valley Prosecutor be considered an officer, agent, servant or employee of City. The County/District Attorney shall be solely responsible for any workers' compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work. 12. Failure by a party to insist upon the strict performance of any of the provisions 0 f this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period oftime, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy. 13. The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. 4

9 9 14. This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. 15. Each party has expressly authorized the execution of this Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint ventures, insurance carriers and any others who may claim through it to this Agreement. 16. This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services for the Program, and contains all of the covenants and agreements between the parties with respect to the Community Prosecution Program. Any modifications of this Agreement will be effective only if it is in writing and signed by the party to be charged. 17. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 18. County shall defend and provide legal defense with attorney(s) acceptable to City, indemnify, and hold harmless City, its agents, officials, officers, representatives and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of County, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non-performance of this Agreement. The County shall thoroughly investigate any and all claims and indemnify the City and do whatever is necessary to protect the City, its agents, officials, officers, representatives and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this agreement. 19. City shall defend and provide legal defense with attomey(s) acceptable to County, indemnify, and hold harmless County, its agents, officials, officers, representatives and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of City, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non-performance of this Agreement. The City shall thoroughly investigate any and all claims and indemnify the County and do 5

10 10 whatever is necessary to protect the County, its agents, officials, officers, representatives and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties on the date and year written above. CITY OF SIMI V ALLEY ATTEST ROBERT O. HUBER, Mayor KY SPANGLER, Assistant City Clerk APPROVED AS TO FORM LONNIE J. ELDRIDGE, City Attorney APPROVED AS TO ADMINISTRATION ERIC J. LEVITT, City Manager VENTURA COUNTY BOARD OF SUPERVISORS SUPERVISOR STEVE BENNETT, Chair OONT -f~mict ATTORNEY'S OFFICE 6