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HomeMy WebLinkAboutSan Diego, County of; 1986-08-27;. CITY OF ESCONDIDO CITY COUNCIL AGENDA -ITEM NO. DATE: My ?. m’/ , Honorable Mayor and Members of the City Council Escondido, California SUBJECT: Agreement Between the Cities of Escondido, Carlsbad, Oceanside and the County Sheriff to Share in the Cost of a Court Liaison Person Council Members: BBCOWENDATION That the Council authorize an agreement between Escondido, Carlsbad, Oceanside and the County Sheriff to hire a person to act as liaison with the District Attorney and the North County Courts. Further, that the Council authorize one-fourth the salary paid to the individual and that the City of Escondido handle the disbursement of funds.’ BACKGHOUND The Escondido Police Department, as well as the other agencies involved in this agreement, expend a great deal of money for paying overtime to officers who have been subpoenaed to court. A study by our Department revealed that as a conservative estimate, based upon current workload, Escondido could save $17,000 a year. The reason for such savings is the fact that every officer involved in any way with an arrest is subpoenaed into court. Many cases trail from day- to-day because courtrooms are not available or jury selection is underway. Subpoe- naed officers must be at court at 8:30 A.M. The Court and District Attorney’s office have agreed to work with one liaison person who, in most cases, can have the officer arriving at 11:OO A.M. or-on some future date. In the past, we have attempted to address this problem with the use of a light duty officer, but unless we use the same officer on an ongoing basis, the District Attorney’s staff is not willing nor able to train several officers in the duties a liaison person would .be required to perform. ‘The California Highway Patrol assigns a regular officer to perform the liaison function for their office, and he saves them enough to warrant the assignment. The Police Chiefs from Carlsbad, Oceanside, Escondido and the Sheriff’s Captain in Vista discussed the possibility of the Highway Patrol officer providing liaison for our respective agencies. This could not be done because the amount of time spent on Highway Patrol cases left no time for anything else. The Sheriff’s Office had a deputy assigned to liaison duties, but recalled him because the volume of business was not sufficient to justify-his existence. The other North County departments are in the same position of not having a suff icfent workload to warrant a full-time officer assigned to the function; thus, the decision to seek authorization from our respective Councils to hire an individual who would represent the four law enforcement agencies. FUNDING The first year cost to Escondido will be $6,000, based upon hiring a person under contract for $24,000 annually. The cotits will increase slightly each year if salaries are increased. However, the projected savings for Escondido of at least $17,000 annually will also increase as police officer salaries FORM 102-4183 I . Agreement Between the Cities of Escondido, Carlsbad, Oceanside and the County Sheriff to Share in the Cost of a Court Liaison Person May 7, 1986 Page 2 increase . We can pay our share from savings in the overtime budget. and will not require any increase in the Police Department’s budget. This agreement will become valid only if the other parties to the attached contract also agree. There are provisions for an annual review of the program and the opportunity to withdraw if it no longer serves our purpose. As the lead agency in thfs endeavor, the City of Escondido will receive the funds from the other agencies and make appropriate disbursements to the selected person l Respectfully submitted, wf of Police JWC :mc Attachment RESOLUTION 86 - 1'0 A RESOLUTION OF THE CITY COTJNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY, A JOINT COURT LIAISON AGREEMENT WHEREAS, the City of Escondido, the City of Carlsbad, the City of Oceanside, and the San Diego County Sheriff's Department would benefit from the services of a court liaison officer to coordinate court appearances between the law enforcement agencies and the courts of the North San Diego County: and WHEREAS, it would be more productive economically to have a single court liaison officer serve the needs of several law enforcement agencies: and WHEREAS, the cities of Escondido, Oceanside, Carlsbad and the County Sheriff's Office have drafted an agreement which will enable them to contract with each other for the services of a court liaison officer for their mutual benefit; and WHEREAS, this City Council desires and deems it to be in the best public interest for the City of Escondido to become a part of this agreement: NOW THEREFORE, BE IT RESOLVED by the City Council. of the City of Escondido, California as follows: 1. That the above recitations are true. 2. That the City Council hereby approves and authorizes the Mayor and City Clerk to execute, on behalf of the City, a Joint Court Liaison Agreement. A copy of this Agreement is attached as Exhibit "A". PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido, California at a regular meeting thereof this 7th day of May, 1986 by the following vote to wit: AYES : Councilmembers: BEST, COWAN, HARMON, RADY, THURSTON NOES : Councilmembers: NONE ABSENT : Councilmembers: NONE ERNIE COWAN, Mayor of the City of Escondido, California ATTEST: ity Clerk of the do, California STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO : 8s. CITY OF ESCONDIDO ) I, JEANNE BUNCH, City Clerk of the City of Escondido, . . California, hereby certify that I have compared the foregoing copy with the original RESOLUTION NO. 86-170 passed and adopted by said City Council at a regular meeting thereof, at the time and by the vote therein stated, which original resolution is now on file in my office, and that the same is a full, true and correct copy thereof. WITNESS my hand and the seal of the City of Escondido this 12th day of May, 1986. City Clerk of the ity of Escondido, California (SEAL) . COURT LIAISON AGREEMENT This Agreement is executed this day of 1986 by and between the following parties. City of Escondido City of Carlsbad 100 Valley Boulevard 1200 Elm Avenue Escondido, California 92025 , Carlsbad, California 92008 City of Oceanside San Diego County 321 North Nevada Street 222 West C Street Oceanside, California 92054 San Diego, CA 92101 WHEREAS, the law enforcement agencies of each of the above listed agencies would benefit from the services of a court liaison officer to coordinate court appearances between the law enforcement agencies and the courts of North San Diego County; -. and . . WHEREAS, it would be more productive economically to have a -single court liaison officer serve the needs of several law enforcement agencies, and WHEREAS, the Cities of Escondido, Oceanside, Carlsbad, and the County Sheriff's office desire to contract with each other for the services of a court liaison officer for their mutual benefit: NOW THEREFORE IN CONSIDERATION of the mutual covenants and conditions listed below, the parties do hereby agree as follows: JOINT COURT LIAISON COMMITTEE 1. All activities relating to the selection, responsibilities and supervision of a court liai- son officer shall be conducted by a Joint Court Liaison Committee. This committee shall be com- -l- * I c I * posed of one representative from each of the law enforcement agencies participating in this agree- ment. .A11 activities of the committee shall be conducted by a majority vote. Direct supervision of the court liaison officer shall be conducted by - the Sheriff's office. ( SELECTION OF LIAISON OFFICER 2. Each participating agency may submit up to five names to the joint court liaison committee. These names shall be the candidates for the position of court liaison officer. This nomination procedure shall be used any time a court liaison officer is selected. It shall be the responsibility of the court liaison committee to evaluate the names submitted by each of the agencies and select a court liaison officer. The decision of the committee shall be final, and each participating agency agrees to accept the decision of the committee. JOB DESCRIPTION . 3. The court liaison committee shall draft and approve a job description for the court liaison officer. This job description shall contain, but not be limited to the items set forth in Exhibit A to this agreement which is attached and incorpo- rated by this reference. -2- COMPENSATION 4. The compensation of the court liaison officer shall be set by the court liaison committee, with the approval of the governing body of each agency. The court liaison officer shall be entitled to a flat salary but shall accrue no benefits of any sort.. Compensation during the initial term of this agreement shall be $24,000 per year. The City of Escondido shall be responsible for direct payment of the salary of the court liaison officer. Each participating agency shall be responsible for paying a pro rata share of the court liaison's salary amount in timely fashion to the City of Escondido. 5. A participating agency may withdraw from the responsibilities of the court liaison committee effective on any renewal date of this Agreement by giving written notice to the other members by April 30th immediately preceding expiration of the current contract. The- withdrawal of any participating agency on the renewal date shall have no effect on the validity of this Agreement, and it shall remain binding on the remaining agencies. Each remaining agency shall assume a pro rata share of the withdrawing agency's court liaison salary obligation. -3- . .- 6. The term of this agreement shall be from July 1, 1986 to June 30, 1987 and shall automatically renew pn July 1st of each succeeding year unless the participating agencies, by majority vote, decide to terminate the pmram. Date:m& I Date: >y /q/qf6 Date: / Date: AN, Mayor, City of Escondido JE&NNE BUNCH, Cfiy Clerk, City of Escondido MARY H. ~C]ASLER, Mayor, City of Carlsbad /&AL- .a( f$LI.LL ALETHA L. RAUTENKRANZ, City Clerk, City of Carlsbad LAWRENCE BAGLEY, Mayor City of Oceanside Date: BARBARA BISHOP City Clerk, City of Oceanside Date: JOHN F. DUFFY, Sheriff San Diego County -4- n’* -c . . , ..- ‘4 EXHIBIT A Court Liaison Officer Duties 1) Establish and maintain a positive working relationship between members of the District Attorney's staff, judges, court clerks and police officers. Must have good verbal and written communication skills. / 2) Coordinate information concerning subpoena service between the District Attorney's office and contracting agencies. a. Telephone notice to law enforcement agencies of late issue subpoenas, b. Confirmation of subpoena service of law enforcement witnesses, c. Advise prosecutors of officer appearance problems. 3) Coordinate officers' appearance in court. a. Determine which cases are going to trial, b. Call off officers on continued or adjudicated cases, C. Call off officers when the defendant fails to appear on the date of the trial. 4) Keep officers advised of court availability on the date of appearance and until the trial is assigned. a. Advise officers how many trials are ahead of theirs, b. Give the subpoenaed officers a time window when they can expect to be called. 5) Maintain communications with the Assistant Chief Deputy District Attorney and Victim/Witness Advocate Section of the District Attorney's office. a. Identify scheduling and appearance problems before the trial date. . Y . c COURT LIAISON AGREEMENT Dot. No. 86-154 This Agreement is executed this 27th day of August I 1986 by and between the following parties: City of Escondido City of Carlsbad 100 Valley Boulevard 1200 Elm Avenue Escondido, CA 92025 Carlsbad, CA 92008 City of Oceanside San Diego County 321 North Nevada Street 222 West C Street Oceanside, CA 92054 San Diego, CA 92101 WHEREAS, the law enforcement agencies of each of the above listed agencies would benefit from the services of a Court Liaison Officer to coordinate court appearances between the law enforcement agencies and the courts of North San Diego County: and WHEREAS, it would be more productive economically to have a single court liaison officer serve the needs of several law enforcement agencies: and WHEREAS, the Cities of Escondido, Oceanside, Carlsbad, and the county Sheriff's office desire to contract with each other for the services of a Court Liaison Officer for their mutual benefit; NOW THEREFORE IN CONSIDERATION of the mutual convenants and conditions listed below, the parties do hereby agree as follows: 1. JOINT COURT LIAISON COMMITTEE All activities relating to the selection, responsibilities and contract monitoring of the services of a Court Liaison Officer shall be conducted by a Joint Court Liaison Committee. This Committee shall be composed of one -l- COUNTY COIWkA.t- InJldBER csP-k2 %7-E representative from each of the law enforcement agencies participating in this Agreement. All activities of the Committee shall be conducted by a majority vote. Direct contract monitoring of the services of the Court Liaison Officer shall be conducted by the Sheriff's office. 2. SELECTION OF A LIAISON OFFICER Each participating agency may submit up to five names to the Joint Court Liaison Committee as candidates for the independent contractor. This nomination procedure shall be used any time a Court Liaison Officer is selected. It shall be the responsibility of the Court Liaison Committee to evaluate the names submitted by each of the agencies and select a Court Liaison Officer. The decision of the Committee shall be final, and each participating agency agrees to accept the decision of the Committee. 3. SCOPE OF SERVICES AND PAYMENT OF INDEPENDENT CONTRACTOR The Court Liaison Committee shall draft and approve a scope of services to be performed by the Court Liaison Officer. It shall contain, but not be limited to, the items set forth in Exhibit "A" to this Agreement which is attached and incorporated by this reference. 4. PAYMENT The compensation of the Court Liaison Officer may be set by the Court Liaison Committee, with the approval of the governing body of each agency. The Court Liaison Officer shall be paid $24,000 annually, and shall accrue no benefits of any sort. The City of Escondido shall be responsible for payment of the Court Liaison Officer on behalf of the agreeing -2- agencies, in accordance with the terms of the contract authorized by Section 5 herein. Each participating agency shall be responsible for paying a pro rata share of the Court Liaison's compensation on a ' quarterly basis to the City of Escondido. 5. INDEPENDENT CONTRACTOR The chairperson to the Court Liaison Committee is authorized to negotiate and enter into an independent . contract agreement with the intended contractor to perform the scope of services herein prescribed, at the payment herein prescribed, for a period not to exceed the term of this Agreement with such other standard contract provisions appropriate for independent contractors, as approved by the Escondido City Attorney. 6. WITHDRAWAL A participating agency may withdraw from its . responsibilities hereunder effective on any renewal date of this Agreement by giving written notice to the other members by April 30th immediately preceding expiration of c the then current Agreement. The withdrawal of any participating agency on the renewal date shall have no effect on the validity of this Agreement, and it shall remain binding on the remaining agencies. Each remaining agency shall assume a pro rata share of the withdrawing agency's court liaison payment obligation. -3- - ‘.. <I ‘5 ,: , ~ 7. TERM The term of this Agreement shall be from July 1, 1986 to June 30, 1987 and shall automatically renew on July 1st of each succeeding year unless the participating agencies, by majority vote, decide to terminate the program. Date: -3 @f&J Date: Date:- /g/ /%iL ,‘- 6ate: Tb,& Date:?/a/& Approved and/or authorized by the Board Date fif Supetvisors of the Cmty of San Die@ I \ RADY, Mayoti - , > ty of Escondido n ANNE UNCH ~~~~~~, r plya SE)) ?, 1; i989 Clerk of the &arc! of SuQerviSOB Ass% Clerk of the Board of Supervisors . . APPRX’ED p.S TO FOR!J AND LEGALITY CWNTY CGliiiSEL :” ‘,; ! 1 .’ r ‘, y? ,.‘lr ‘9 .’ -4- :., . . ,:.-:; <’ . . .’ .- ‘2. ” . .,. .i. .i*. * EXHIBIT A Court Liaison Officer Duties 1) Establish and maintain a positive working relationship between members of the District Attorney's staff, judges, court clerks and police officers. Must have good verbal and written communication skills. 2) Coordinate information concerning subpoena service between the District Attorney's office and contracting agencies. a. Telephone notice to law enforcement agencies of late issue subpoenas, b. Confirmation of subpoena service of law enforcement witnesses, c. Advise prosecutors of officer appearance problems. 3) Coordinate officers' appearance in court. a. Determine which cases are going to trial, b. Call off officers on continued or adjudicated cases, c. Call off officers when the defendant fails to appear on the date of the trial. 4) Keep officers advised of court availability on the date of appearance and until the trial is assigned. a. Advise officers how many trials are ahead of theirs, b. Give the subpoenaed officers a time window when they can expect to be called. 5) Maintain communications with the Assistant Chief Deputy District Attorney and Victim/Witness Advocate Section of the District Attorney's office. a. Identify scheduling and appearance problems before the trial date. . . .:. . .: _- ,:_ _’ : . . .,..,_ .--,- _ . ., :’ ,,, ,. . .’ ,,.’ .. ‘_ . . . . ..: ., . I. :., ,.- ‘I :_ ..’ .: : _’ . . .- :; _ , .