HomeMy WebLinkAbout12 - CC-7 - Agreement for Prosecution Services - 4/1/2014CITY COUNCIL AGENDA REPORT
MEETING DATE: APRIL 1, 2014
SUBJECT: AGREEMENT FOR PROSECUTION SERVICES
DATE: MARCH 25, 2014
FROM: CITY ATTORNEY'S OFFICE
ITEM NUMBER: CC -7
PRESENTATION BY: CITY ATTORNEY'S OFFICE
FOR FURTHER INFORMATION CONTACT: BRENDA GREEN, CITY CLERK, AT (714) 754-5221
RECOMMENDATION:
Approve the Agreement between the City of Costa Mesa and the County of Orange
for Prosecution Services; and
2. Authorize the Mayor and the City Clerk to execute the Agreement.
BACKGROUND:
The current agreement with the County of Orange for prosecution of City municipal
violations vests control for prosecution of municipal code violations with the District
Attorney's Office ("District Attorney").
ANALYSIS:
Under the current contract, the District Attorney has the "sole and exclusive authority to
determine whether a criminal complaint shall be filed on cases referred to the District
Attorney's office by City and the conduct of legal proceedings with respect to any
suspected violation of the City ordinances and with respect to any additional
prosecutions handled by the District Attorney for City." Thus, once a violation is referred
to the District Attorney's, that office determines whether or not to file a complaint and
proceed with prosecution. For certain kinds of prosecution, referral to and use of the
District Attorney to prosecute these cases is very cost effective. However, certain kinds
of cases, such as routine code enforcement cases or violation of other municipal codes,
are not well suited to referral to the District Attorney. The Agreement provides the
District Attorney flexibility to determine whether the case should be referred to the City
Attorney's Office for prosecution if it is of a type better suited for prosecution by that
office, but the City retains the discretion to initially refer a case to the City Attorney
instead of the District Attorney at the outset.
ALTERNATIVES CONSIDERED:
City Council could choose not to approve the agreement.
FISCAL REVIEW:
The fiscal impact is unknown at this time.
LEGAL REVIEW:
The City Attorney's office has reviewed the revised Agreement for Prosecution Services
and approved the document as to form.
CONCLUSION:
The City Attorney recommends that City Council adopt the Agreement.
THOMAS DUARTE
City Attorney
STEPHEN DUNIVENT
Interim Finance Director
ATTACHMENT
DISTRIBUTION
TOM HATCH
Chief Executive Officer
TOM GAZSI
Chief of Police
Agreement
Agreement (redline)
Chief Executive Officer
Chief of Police
City Clerk
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