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Home My WebLink AboutR-2000-024 Second Amendment to the 1999 Public Defender Contract with Kenneth W. RaberRESOLUTION NO. R-2000- 24 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Second Amendment to the City of Yakima Public Defender Agreement for 1999. WHEREAS, in anticipation of not prosecuting minor property crimes, the City Manager, under authority granted by the City Council, renegotiated the Public Defender Agreement for 1999 with the City's public defender, Kenneth W. Raber; and WHEREAS, as a result of these negotiations, the Public Defender agreed to a $7,500 annual reduction on condition that he would not be required to defend minor property crimes; and WHEREAS, the City Council has determined that the City of Yakima will prosecute minor property crimes; and WHEREAS, as a result of that decision, Mr. Raber is willing to defend minor property crimes for the remainder of 2000 for an additional $5,000, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "City of Yakima Public Defender Agreement for 1999: Second Amendment." ADOPTED BY THE CITY COUNCIL, this 10 day of R44k, , 2000. ATTEST: Fla -l' City Clerk ary Place, Mayor CITY OF YAKIMA PUBLIC DEFENDER AGREEMENT FOR 1999: SECOND AMENDMENT The City of Yakima Public Defender Agreement for 1999, City Contract Number 98-121, as amended by the City of Yakima Public Defender Agreement for 1999 Amendment and Extension Through December 31, 2000, City Contract Number 2000-1 are hereby amended as follows. Paragraph 9 of the Public Defender Agreement for 1999 is hereby amended to read as follows: 9. Compensation. In return for the above -enumerated services, the Public Defender shall receive compensation in a total fixed -fee amount of One Hundred Eighty -Eight Thousand Five Hundred and No/100 Dollars ($188,500.00), payable in equal monthly (15th to 14th) installments upon proper voucher for the same, submitted by the Public Defender and received by the Director of Finance and Budget at City Hall, Yakima, Washington. All Payments shall be made payable to Kenneth W. Raber, Inc., P.S., and mailed to 205 North 40th Avenue, #104, Yakima Washington 98098. In all other respects, the Public Defender Agreement for 1999, as amended by the City of Yakima Public Defender Agreement for 1999 Amendment and Extension Through December 31, 2000, shall remain in full force and effect. Entered into this �/ qday of February, 2000. CITY OF YAKIMA By:2�� R.A. ZAIS, JR. City Manager ATTEST: PUBLIC DEFENDER By: ekENNETH V BER Attorney at Law City Clerk -2-r �- City Contract No. 2000-23 Resolution No. R-2000-24 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 7 if 86 For Meeting Of 2/.100 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 APPROVED FOR SUBMITTAL: General Fund ity 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 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 returnleased 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. Honorable Mayor and Members of City Council January 26, 2000 Page -3 IV. Contract private counsel to provide prosecution services Pros: Cons: Projected Cost: 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. 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. 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: Cons: Increase the amount of money that would flow to the general fund from court collections operations. May allow for certain funds to be dedicated to law enforcement. 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. III. Allocate monies from the general fund Pros: Cons: 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. 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).