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Home My WebLink About2000-006 Appropriation of $50,000 within the General Fund (000) for expenditure during 2000 to provide legal services f ORDINANCE NO. 2000-06 AN ORDINANCE amending the 2000 budget for the City of Yakima; and making an appropriation of $50,000 within the 000 — General Fund for expenditure during 2000 to provide legal services for indigent defense and prosecution. WHEREAS, the amount of $50,000 must be appropriated within the 000 General Fund for expenditure during 1999 to provide legal services for indigent defense and prosecution, and WHEREAS, at the time of the adoption of the 2000 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council finds that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The amount of $50,000 is hereby appropriated from the Unappropriated Fund Balance in the 000 — General Fund to account numbers as shown on Schedule I as a 2000 appropriation. Section 2. This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this f J day of2U 2000. MARY PLACE, MAYOR ATTEST: CITY CLERK First Reading: —/^ aO Publication Date: a - l " Effective Date: —i �a cje 01/27/00 01/27/2000 9:48 AM N SCHEDULEI General Fund - Legal Department Appropriations Indigent Defense Legal Services 000-4-017- 132 -0000 - 515.20-410 $5,000 Prosecution Legal Services - 000-4-017 - 131 -0000 - 515.20-410 $45,000 TOTAL $50,000 Page 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON 1. AGENDA STATEMENT 174 Item No. • For Meeting Of 2/1'/00 ITEM TITLE: An Ordinance amending the 2000 General Fund Budget for Legal Services SUBMITTED BY: Legal Department / Finance & Budget Department CONTACT PERSON/TELEPHONE: Jeff B. West, 575 -6033 SUMMARY EXPLANATION: As a result of the passage of 1 -695, the City lost one full -time prosecutor. Attached are various options for replacing prosecution services lost to the City due to the loss of MVET revenues and various options for funding said prosecution services. Staff recommends that the City provide required prosecution services through contracted private counsel. A Request for Proposal will be issued to determine the least expensive option. In addition, the budget needs to be amended to match the contract for public defender services. The attached ordinance provides $45,000 for prosecution services and $5,000 for public defender services, for a total appropriation of $50,000 in the General Fund. Resolution _ Ordinance X Other (Specify) Report Contract Mail to (name and address): Phone Funding Source General Fund APPROVED FOR SUBMITTAL: - Uity Manager STAFF RECOMMENDATION: Read ordinance by title only at the February 1, 2000 meeting. Pass ordinance after the second reading at the February 15, 2000 meeting. Adopt Resolution. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: CITY OF YAKIMA 411) LEGAL DEPARTMENT 200 South Third Street Yakima Washington 98901 -2830 phone: (509) 575 -6030; fax (509) 575 -6160 MEMORANDUM Date: January 26, 2000 TO: The Honorable Mayor and Members of the City Council FROM: Raymond Paolella, City Attorney Jeff B. West, Senior Assistant City Attorney SUBJECT: Prosecution Alternatives As a result of the passage of Initiative 695 and declining sales tax revenues, City prosecution staff has been cut from 4 to 2.8 prosecutor positions, a 30% reduction. This staffing level is inadequate to support continued prosecution at pre -695 levels. In order to respond to this staffing cut, the City Attorney's office, in conjunction with the Police Department, City Management and the Municipal Court, have taken the following steps to reduce the prosecutorial case load. 1. Prosecutors no longer appear at contested hearings. 2. Proposed infractionalization of liquor in parks and fireworks violations. 3. Proposed adopting a DWLS impound ordinance to eventually reduce the number of DWLS cases filed in Municipal Court. 4. Ceased to prosecute shoplifts under $50 value, defrauding innkeepers and taxi drivers, petit larcenies valued at under $50, and misdemeanor fail to return leased property. As a result of these cuts, the Public Defender contract was reduced by $7,000 for 2000. These cuts may have significant impacts on the livability of our city. The Mayor has requested alternatives to these cuts, particularly ceasing to prosecute minor property crimes. Potential options are outlined below: Honorable Mayor and Members of City Council January 26, 2000 Page -2 • Prosecutor Staffing Options. I. Restore attorney /Indigent Defense Services Pros: Returns prosecution to nearly pre -695 levels (brings prosecutor to filings ratio up- to 1586 filings per prosecutor, still over twice recommended levels). Cons: None, other than budget impact. Projected Cost: Attorney $63,000 per year Indigent Defense Contract $5,000 per year Total $68,000 II. Hire a Prosecutorial Investigator Pros: Provide prosecutors with additional support services and investigative information. Remove some burden from police detectives. Allow prosecution of minor property crimes. Cons: Does nothing to alleviate court time burden on prosecutors, only shifts some work currently performed by prosecutors to staff. Since the City of Yakima has never had such a position, actual time saved /cost analysis is uncertain. Projected Cost: Approximately $50,000 per year III. Shift resources from civil legal work to prosecution Pros: Restore criminal prosecution to pre -695 levels. Cons: Severe negative impact on City Council legislation, zoning and land use functions, and code enforcement. Increased risk of errors and oversights. Projected Cost: It is anticipated that the City would need to hire additional outside legal counsel at substantial cost to complete priority legal projects for the City Council. JY Honorable Mayor and Members of City Council January 26, 2000 Page - 3 IV. Contract private counsel to provide prosecution services Pros: Provide adequate levels of prosecution staffing to prosecute minor property crimes. When compared with hiring a permanent employee, provides flexibility for City's future planning needs. Cons: Fully burdened private counsel costs are triple the cost of a salaried attorney. Currently, most private counsel charge $95 per hour and up, which includes overhead costs. Staff will attempt to drive down this cost to $50 per hour or less through a competitive Request for Proposals procedure and by offering to provide administrative overhead /secretarial services thru the City. Projected Cost: Private attorney $45,000 per year Increase indigent defense contract $5,000 Total $50,000 Funding Options I. Cease to incarcerate all but mandatory sentences Pros: Significant cost savings Cons: Minimal deterrence to future criminal activity. Violent criminals, particularly those convicted of domestic violence, would not go to jail. Public discontent /the belief that nothing is being done to stop crime. Projected Savings: Up to $284,940.00 IF this reduces inmate load enough to cancel outside jail contracts with Sunnyside, Wapato and Toppenish. An in -depth audit of prisoner time and outside jail use would be necessary to provide an actual savings figure. This option may be impractical since the elected judge has the final determination on all sentences. II. Increase court revenues from a filing fee and/or law enforcement assessment Pros: Increase the amount of money that would flow to the 411 general fund from court collections operations. May allow for certain funds to be dedicated to law enforcement. Cons: Changes will need the approval of the state auditor's office. Honorable Mayor and Members of City Council '■ January 26, 2000 Page -4 Projected Revenue: Unknown at this time. In, Allocate monies from the general fund Pros: City Council implemented budget cuts of $75,000 in excess of that which was required to meet the 2000 budget shortfall caused by declining revenues and the loss of MVET funds. These funds are available in this year's budget. Cons: Future budget shortfalls might limit this funding. Staff Recommendation Meet prosecutor staffing requirements by contracting with private counsel to provide prosecution services (Staffing Option IV) to be funded by allocating general fund cash reserves (Funding Option III). •