HomeMy WebLinkAbout2006 07-05 Pre
Meridian City Pre-Council Meetina
JulV 5. 2006
The Meridian City Council meeting was called to order at 5:30 P.M. on
Wednesday, July 5, 2006 by President Councilman Shaun Wardle.
Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie
Rountree and Joe Borton.
Staff Present: Bill Nary and Will Berg.
Item 1.
Roll-call Attendance:
Roll call.
X Shaun Wardle
X Charlie Rountree
X
X Joe Borton
X Keith Bird
Mayor Tammy de Weerd
Item 2.
Adoption of the Agenda:
Bird: Mr. President.
Wardle: Mr. Bird.
Bird: The published agenda for Item NO.4 was Valley Ride budget presentation
and we need to reschedule that because Kelly could notmake it tonight. So, with
that I move that we approve the revised agenda, which is Item No.4.
Rountree: Second.
Wardle: It's been moved and seconded to approve the revised agenda. All in
favor.
ALL AYES. MOTION CARRIED.
Item 3.
Executive Session per Idaho State Code 67-2345(1)(a) - (to
consider hiring a public officer, employee, staff member or
individual agent, not to include. This paragraph does not apply to
filling a vacancy in an elective office) and (d) - (to consider records
that are exempt from disclosure as provided in chapter 3, title 9,
Idaho Code):
Meridian City Pre-Council Meeting
July 5,2006
Page 2 of 10
Bird: Mr. President.
Wardle: I move we go into Executive Session as per Idaho State Code 67-
2345(1 )(a) and (1 )(d).
Rountree: Mr. President if the maker of the motion wouldn't object, I assume we
have a visitor here to talk to us about Item four and maybe they would just as
soon as go home and not wait for us for 45 minutes.
Nary: He is here for the Executive Session.
Rountree: He is here for the Executive Session? Okay. So, you are going to
talk to us about the Item 4 or Item 5?
Nary: No, they will be here -
Rountree: All right, I will second that motion.
Wardle: Motion has been seconded to adjourn into Executive Session.
Roll Call: Bird, aye; Rountree, aye; Borton, aye; Wardle, aye.
ALL AYES. MOTION CARRIED.
Wardle: I would entertain a motion to come out of Executive Session.
Bird: So moved.
Rountree: Second.
Wardle: It's been moved and seconded to come out of Executive Session. All in
favor.
ALL AYES. MOTION CARRIED.
Item 4.
Valley Ride Budget Presentation by Kelly Fairless: NEED TO
RESCHEDULE PRESENTATION
Wardle: Item NO.4 on our agenda has been removed and will be rescheduled.
Meridian City Pre-Council Meeting
July 5, 2006
Page 3 of 10
Item 5.
Presentation and Request for Boise City Prosecution Services:
Wardle: I will turn this over to Mr. Nary.
Nary: Thank you Mr. President, members of the Council, Madame Mayor.
Tonight on the agenda is the presentation from the Boise City Attorney's Office
regarding prosecution services for the next fiscal year and what has been
accomplished this year and what is for next year. We have the proposal in the
budget presentation and we will see that next week, but Cary Colaianni, the
Boise City Attorney is here with his staff to update you on what has been going
on and what they are looking forward to in the future and what is going to be
presented as part of the budget. So, I will turn it over to Cary.
Colaianni: Good evening, Madame Mayor, Council members. As Mr. Nary
mentioned tonight is our presentation to the Boise City Attorney's Office
proposed fiscal year '07 contract and my Chief Deputy, Steve Rutherford has
now provided a flyer for your courtesy and help follow along with the
presentation. Thank you. With me tonight is Steve Rutherford, the Chief Deputy,
also Allison Tate the City Attorney's Office Division Manager for Public Safety,
Tina Perkins the Supervisor for the Boise City Victim Witness Unit and Doreen
Queen, the Administrative Manager of our office. Before we discuss the details
of the proposal, I would like to take the opportunity to say that the Boise City
Attorney's Office believes that we have added value to the Meridian contract
every single year. This year is no exception. We will give you a quick run over,
but we will detail that later on in the presentation. First of all, the Meridian
contract caseload has increased every year in the last three. For instance, in
2003 there were 4,560 cases. In 2005, 5,472 and if we estimate based on
current numbers that we have that the caseload this year will be over 7,000.
Also and many of you may have seen this in the Statesman that just this past
Saturday the paper reported that Meridian's DUI has increased from 147 in 2004
to 274 in 2005. Also you should be aware that in the coming year, the Fourth
District Court has added another magistrate, which will require that we cover
seven courtrooms and that includes obviously your case load as well. That is no
small task for us to do, but we intend to absorb that in our current operation. So,
as you can see we continue, we believe, to add value to this contract and
certainly handling the case load, a significant case load that Meridian has and we
think in an efficient and effective fashion using our numbers and our office, quite
frankly, that we are fortunate to have as well as some innovations that we have
made in technology that are helping us keep track of your case load and as we
go forward in the future. I would like to introduce Allison Tate and I know I have
previously, but I will let her take over and talk to you a little bit about some of the
things that were happening in Public Safety Division and Prosecution contract.
Tate: Madame Mayor and members of the Council let me give you just a little bit
more detail of what we do criminally. We have made a few changes to our
Meridian City Pre.Council Meeting
July 5, 2006
Page 4 of 10
screening team. Our screening team is the people that take things from the
Police Department and get them into the criminal system. We review all of the
misdemeanor citations that come from police that come to our office we review
them, we make changes to them. We also review all the police reports that come
in. We make charging decisions. We notify the parties involved by mail of the
charging decisions and we now notify the pOlice officers by email of our charging
decision and tell them what else we might need in a case, why we are doing
something and why we are not doing something. We also review when people
are arrested the night before, we do what we call a bond out review. We look at
that case before it goes to court for arraignment the next day. As Cary
mentioned we prosecute all the infractions and misdemeanors for Meridian. It is
now seven courtrooms, plus a part time domestic - or will be seven courtrooms,
plus a part time domestic violence courtroom. So, there are a lot of courtrooms
to cover in Ada County. We also provide on call service to the Meridian Police
Department, which is a pager - a police pager. So, when officers have a
question, they can page one of us on the Public Safety Division and ask us a
question 24-7, middle of the night and they also have our cell phone numbers.
So, sometimes, I think they decide who they want to call and they will call me
with a particular question if they think they might get the answer they want rather
than someone else. But, we provide that service. Two days a week we provide
some onsite services at the Meridian Police Department. We have three
attorneys that rotate going out there. We provide - part of what we do is we just
- it is face time. We answer officer's questions because it is easier for them to
come in and sit in your office across from you rather than having to call you up on
the phone. We also review the responses to public record's requests when we
are out there. It looks like we have done about 500 public record's requests this
last year. As people become more aware of their right and ability to inspect
public records they make more requests. The record's department at police
prepares a proposed response. Marsha Beaman and her people out there just
do a really, really good job and then we do a legal review. We review all the
redactions, we review everything before it goes out and sign off on it. We
provide legal training. This is something that we have really tried to develop over
the years that we have had the contract and tried to add value to that. We do a
block training, which is two full days of training for all the officers every year. We
do an advanced academy, which is new training that we are doing. When the
new officers graduate from POST, they take part in advanced academy at the
Police Department and we do a full day of legal training with them, give them an
update on new cases that have come out. We do some courtroom testimony and
we do some mock trials, put them on the stand and someone is the defense
attorney and someone is the prosecutor. We do everything we can to sort of
help them meld into working with us better as they head into their job. This last
year we did some specialized training on domestic violence and then some new
training that we are working on right now is some scenario based training that we
hope to do out at your new K-9 facility and we have done some in Boise that was
interesting and fun. We used real drugs and some legal scenarios that we came
Meridian City Pre-Council Meeting
July 5, 2006
Page 5 of 10
up with and you have a prosecutor on scene and then various officers and so we
are hoping to do that out at your new K-9 facility, which would be a great place to
do it. I am looking forward to that. Legal bulletins - we do specific bulletins at
the request of police officers if there is an issue that they want covered. We do
some regular bulletins like a legislative update every year, which we just issued.
That was the most recent legal bulletin that we issued. The third attorney that we
have rotating out here is Terry Durden, who works on my team. He lives in
Meridian, so he is able to - he did a ride along with the police last week. He is
available more evenings and is actually out here to provide a little bit more advice
on scene. That is the details of what we do from a criminal basis. Does anyone
have any questions?
Bird: I have none.
Tate: We have found it to be a pleasure to work with the Meridian Police
Department. Thanks.
De Weerd: Really?
Perkins: Madame Mayor, members of the Council I appreciate the opportunity to
come speak with you again as I have for the last three years. Historically
speaking victim services are associated with victims of violent crimes and
unfortunately very traumatic things happen to people and they endure a lot of
trauma that really has no criminal element to it. It is with just great pride that I
see your Police Department providing victim services to those members of your
community that would in the past be left struggling on their own to deal with their
trauma and to deal with it in their own way to piece together the pieces of their
life. What I am referring to is things like suicides and to mention an incident in
specific the job site accident that happened behind St. Luke's West. We
provided services to those individuals and responded there six times. I think it is
a great testimony to your Police Department and your police officers that they get
it, that they understand that those individuals need services as much as the
victims of crimes and their families. It is for that particular reason that it is very
important that victim services are housed with the Police Department because
victim services in the Prosecutor's Office have a place and they are very
important, but there are so many victims of all kinds of things that need services
that really never see a Prosecutor's Office, where the paper work never goes in
front of the prosecutor. I wanted to tell you how much I have enjoyed working
with your Police Department, how great of a city that you have and what great
officers you have. Our unit looks forward to working with your Police Department
and with your Victim Witness Unit in the future and we will always have a very
strong partnership. Thank you. Do you have any questions?
De Weerd: Mr. President.
Meridian City Pre-Council Meeting
July 5. 2006
Page 6 of 10
Wardle: Madame Mayor.
De Weerd: I guess I did get feedback from people regarding that incident that
you noted that the Police Department and I certainly passed it along with our
Chief that I trust passed it down the lines of the professionalism of everyone
there on site of the victim witness coordinators, the pOlice officers and how they
respected what was going on and protected the victims in that case to exposure
from the media and that is nothing about you Katy. But, you know in situations
like that they just said - and yes, you Frank, sorry. You were hiding. But, the
sensitivity and all of the emotions going on at those particular incidents are really
sensitive and I think it was dealt with very professionally and we have gotten a lot
of comments, so just to pass that along to you all too that it does take a team in
many of those incidences and it was dealt with very well.
Perkins: Thank you that means a lot to us.
De Weerd: Thank you.
Rutherford: Madame Mayor, members of the Council in a great act of delegation,
I am the closer and here to bring the dollar figure to you.
De Weerd: Congratulations, Steve.
Rutherford: The bid for this year came in at $200,197.00 and that nets out to
$16,683 per month. Now this number does exclude the victim witness services
that we have provided in the past with the understanding that those services will
hopefully be performed by folks that are part of your Police Department. Really
the other increase in the numbers when you take the old victim witness portion
off, comes in terms of recovering in directs. We talked about that last year. It is
not really a bump in directs, it's that when our per employee health insurance
amount goes up, we obviously add that to the two prosecutors that we attribute to
this contract. In addition, we have been trying to keep pace with other
jurisdictions, particularly Ada County, but a little bit of Garden City surprisingly
and our friends up at the state who are paying their lawyers more money,
particularly the intro level folks, the folks that are prosecuting these cases - those
folks who start with us and work through their first two or three years, we find are
at the almost $50,000 range in the Ada County market and we start our folks at
somewhere in the $45,000 to $47,000 range in an effort to kind of try and keep
pace. We really haven't been able to keep actual pace, but we are getting close.
So, there is an increase in the costs of those in directs as well. Again, we believe
the contract brings value to both our organization and to your city and again, I
would be happy to answer any questions or clarify why that number is what that
number is. Anyone?
Meridian City Pre-Council Meeting
July 5, 2006
Page 7 of 10
Wardle: Steve, I don't have the percentage increase from this year to last. Do
you have that handy?
Rutherford: It is actually - oddly, it is a 20 percent decrease, but there is the take
away of the victim services, so it was somewhere in the 160 and change area
last year. We took away what amounted to -
De Weerd: No, it was 260 because once you take out-
Rutherford: Doreen has those numbers and I will gladly hand off to Doreen with
the numbers.
Queen: Sometimes I wonder why I come to these meetings, Madame Mayor and
City Council members and then I understand why. As you do remember last
year's total contract bid was $240,480 plus change. What we ended up doing
was we subtracted out the victim witness portion of that and then we added five
percent for just a five percent cost of living increase. Unfortunately, then we also
had to add on an additional six percent and again those additional costs were
related to the increase that we are giving to our attorneys because it is becoming
more and more difficult to compete with Ada County and the State of Idaho in
bringing in attorneys on the base line level. We also - our health care costs went
up from $8,000 per person per year to over $11,000 per person per year. Those
two were the biggest chunks of that other six percent increase.
Bird: Mr. President.
Wardle: Mr. Bird.
Bird: We got a five percent and then six percent on top of that? So, in other
words we got about a 12.5 percent increase?
Queen: Madame Mayor, City Council member, yes.
Bird: Excuse me, follow up?
Wardle: Mr. Bird.
Bird: We took basically $80,000 for the victim witness out of last years --?
Queen: We took out about $61,000.
Bird: But in the same token that is coming through in the police budget, also?
Right?
Queen: From what I understand it is coming through in your police budget.
Meridian City Pre-Council Meeting
July 5, 2006
Page 8 of 10
Bird: Thank you.
Wardle: Thank you very much.
Colaianni: Madame Mayor, Council members, Steve was wrong. I will do the
closing. I wasn't going to, but something occurred to me as I look at this. To
give you a little of my background anyway, I spent years in private practice
before I went to work for Greg Bower to be his Chief litigator in all things civil.
So, I have got a pretty good perspective of the costs of these things and the
value in a contract like this and I could tell you for $200,000 and change, there is
great value here. I think you all had this contract at one time in the private sector
and that is fine and I am sure they all did a fine job, but with the services that are
provided under this contract, the things that Ms. Tate went through are pretty
hard to replicate, truly, in a private sector setting or in another public sector
setting it is just great that we have this synergy and that we have the folks
available to provide this service, but just think of the backup factor. If there is a
problem and attorneys get sick, we have the ability to put people on the job and
get the job done, not to mention the training and everything else that goes with it.
To replicate it for those dollars, I think would be a pretty difficult task and we
certainly thank you for the opportunity to make this presentation and we look
forward to serving you this next year_
Wardle: Madame Mayor.
De Weerd: Mr. President, I do have a question. Why did you decide to withdraw
the victim witness coordinator?
Colaianni: Well, a couple of things that I think these - Tina can bring more detail
to it. But, a couple of things Madame Mayor and Council members. One it is
probably time, given the city of your size, to transition these services into where
they belong, rather than in a prosecution contract. Because if you look at other
cities of your size and jurisdiction that is where they put those services. It is
important for the synergy of Police Department and victim services because they
go out on calls obviously or in the same place, it is important, we think, to make
that transition for you all. We did this over the past year, in terms of assisting in
the transition and provided some input to your Police Department to help them
with that transition, but it is probably time given your size to take on those
services. It's typically where they are and we think along there and we will
continue our resources to back up and to help and assist in the transition, but our
resources and victim witnesses are still available.
Perkins: Madame Mayor, members of the Council a huge function of what we do
is community resources. While I understand that Boise City and Meridian are
attached in a lot of ways, Meridian is really its own entity and it is growing bigger
and bigger all the time and as your community grows, your own resources are
Meridian City Pre-Council Meeting
July 5, 2006
Page 9 of 10
growing and the members of your community deserve to be given the resources
from their community and not just piggy-back onto Boise City. I don't know if I
am explaining that as good as I possibly can. Also, Boise City, the Victim
Witness Coordinators with Boise as Boise City's area grows, we become
stretched thinner and thinner as well without getting additional manpower or
person power I guess I should say for our unit there. So, in seeing what your
community needs have become over the last three years, I just see such great
value in you having coordinators that know your community itself and the
resources that exist here, rather than us just referring everybody to Boise City.
As your community grows and your Police Department grows, we are so deeply
integrated in our Police Department, we are a part of protocols and procedures at
Boise City - our response is dictated by protocols and procedures and I would
just like to see and assist you in developing that kind of professionalism for your
very own unit that belongs to Meridian.
De Weerd: Remember that was just your budget presentation (inaudible).
Nary: I was going to get the tape. Chief Musser's budget presentation about
that.
Perkins: Thank you.
Wardle: Council one of the things that I was looking at is and my question to
Steve was in relation to the growth and this dollar figure verses the growth in the
city and the growth in the cases that we have experienced it seems that certainly
we have increases in cases and those dollar figures are increasing, but I don't
think at the same rate. So, I appreciate the presentation. Any additional
questions Council?
Bird: I have none.
Rountree: No questions, but thank you.
Wardle: Thank you for your services here. Cary, Steve, Allison, Tina and
Doreen thank you very much for coming today. Council that brings us to the end
of our regularly scheduled Pre-Council agenda. I would entertain a motion to
adjourn.
Rountree: So moved.
Bird: Second.
Wardle: Okay, it's been moved and seconded to adjourn. All in favor.
Meridian City Pre~Council Meeting
July 5, 2006
Page 10 of 10
ALL AYES. MOTION CARRIED.
MEETING ADJOURNED AT 6:54 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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