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06/03/2021 - Work Session - Meeting MaterialsSALT LAKE CITY COUNCIL AGENDA WORK SESSION ONLY   June 3, 2021 Thursday 2:00 PM This Meeting Will be an Electronic Meeting Pursuant to the Chair’s Determination. SLCCouncil.com     No Formal Meeting Please note: A general public comment period will not be held this day. This is the Council's monthly scheduled briefing meeting. Item start times and durations are approximate and are subject to change at the Chair’s discretion. Welcome and public meeting rules  The Work Session is a discussion among Council Members and select presenters. The public is welcome to listen. Items scheduled on the Work Session or Formal Meeting may be moved and / or discussed during a different portion of the Meeting based on circumstance or availability of speakers. Please note: Dates not identified in the FYI - Project Timeline are either not applicable or not yet determined. Item start times and durations are approximate and are subject to change at the Chair’s discretion. Generated: 13:25:24 This meeting will be an electronic meeting pursuant to the Chair’s determination. As Salt Lake City Council Chair, I hereby determine that conducting the Salt Lake City Council meeting at an anchor location presents a substantial risk to the health and safety of those who may be present, and that the City and County building has been ordered closed to the public for health and safety reasons. Members of the public are encouraged to participate in meetings. We want to make sure everyone interested in the City Council meetings can still access the meetings how they feel most comfortable. If you are interested in watching the City Council meetings, they are available on the following platforms: •Facebook Live: www.facebook.com/slcCouncil/   •YouTube: www.youtube.com/slclivemeetings  •Web Agenda: www.slc.gov/council/agendas/  •SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2  As always, if you would like to provide feedback or comment, please call us or send us an email:  •24-Hour comment line: 801-535-7654  •council.comments@slcgov.com  More info and resources can be found at: www.slc.gov/council/contact-us/  Upcoming meetings and meeting information can be found here: www.slc.gov/council/agendas/  We welcome and encourage your comments! We have Council staff monitoring inboxes and voicemail, as always, to receive and share your comments with Council Members. All agenda-related and general comments received in the Council office are shared with the Council Members and added to the public meeting record. View comments by visiting the Council Virtual Meeting Comments page. Work Session Items Click Here for the Mayor’s Recommended Budget for Fiscal Year 2021-22   1.Informational: Updates from the Administration TENTATIVE   The Council will receive an update from the Administration on major items or projects, including but not limited to:  •COVID-19, the March 2020 Earthquake, and the September 2020 Windstorm; •Updates on relieving the condition of people experiencing homelessness; •Police Department work, projects, and staffing, etc.; and •Other projects or updates. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Recurring Briefing Set Public Hearing Date -  n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - n/a   2.Informational: Updates on Racial Equity and Policing TENTATIVE   The Council will hold a discussion about recent efforts on various projects City staff are working on related to racial equity and policing in the City. The conversation may include issues of community concern about race, equity, and justice in relation to law enforcement policies, procedures, budget, and ordinances. Discussion may include: •An update or report on the Commission on Racial Equity in Policing; and •Other project updates or discussion. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Recurring Briefing Set Public Hearing Date -  n/a Hold hearing to accept public comment - n/a TENTATIVE Council Action - n/a   3.Fiscal Year 2021-22 Budget: Attorney’s Office ~ 2:00 p.m.  30 min. The Council will receive a briefing about the proposed budget for the Office of the Salt Lake City Attorney for Fiscal Year 2021-22. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Thursday, June 3, 2021 Set Public Hearing Date -  Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD   4.Fiscal Year 2021-22 Budget: Information Management Services (IMS)~ 2:30 p.m.  30 min. The Council will receive a briefing about the proposed Information Management Services (IMS) budget for Fiscal Year 2021-22. The department provides technical support for the City. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Thursday, June 3, 2021 Set Public Hearing Date -  Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD   5.Fiscal Year 2021-22 Budget: Unresolved Issues ~ 3:00 p.m.  90 min. The Council will receive a briefing about unresolved issues relating to the proposed budget for Fiscal Year 2021-22. Unresolved issues are follow-up items to any questions or requests that Council Members have raised during the Department budget briefings. FYI – Project Timeline: (subject to change per Chair direction or Council discussion) Briefing - Tuesday, June 1, 2021 and Thursday, June 3, 2021 Set Public Hearing Date -  Tuesday, April 20, 2021 Hold hearing to accept public comment - Tuesday, May 18, 2021 and Tuesday, June 1, 2021 at 7 p.m. TENTATIVE Council Action - TBD   Standing Items   Report of the Chair and Vice Chair 6.Report of the Chair and Vice Chair   Report of Chair and Vice Chair.    7.Report and Announcements from the Executive Director   Report of the Executive Director, including a review of Council information items and announcements. The Council may give feedback or staff direction on any item related to City Council business, including but not limited to scheduling items.    8.Tentative Closed Session   The Council will consider a motion to enter into Closed Session. A closed meeting described under Section 52-4-205 may be held for specific purposes including, but not limited to: a.     discussion of the character, professional competence, or physical or mental health of an individual; b.     strategy sessions to discuss collective bargaining; c.    strategy sessions to discuss pending or reasonably imminent litigation; d.    strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, if public discussion of the transaction would: (i)    disclose the appraisal or estimated value of the property under consideration; or (ii)     prevent the public body from completing the transaction on the best possible terms; e.    strategy sessions to discuss the sale of real property, including any form of a water right or water shares, if: (i) public discussion of the transaction would: (A) disclose the appraisal or estimated value of the property under consideration; or (B) prevent the public body from completing the transaction on the best possible terms; (ii)     the public body previously gave public notice that the property would be offered for sale; and (iii)     the terms of the sale are publicly disclosed before the public body approves the sale; f.    discussion regarding deployment of security personnel, devices, or systems; and g.     investigative proceedings regarding allegations of criminal misconduct. A closed meeting may also be held for attorney-client matters that are privileged pursuant to Utah Code § 78B-1-137, and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act.    CERTIFICATE OF POSTING On or before 5:00 p.m. on _____________________, the undersigned, duly appointed City Recorder, does hereby certify that the above notice and agenda was (1) posted on the Utah Public Notice Website created under Utah Code Section 63F-1-701, and (2) a copy of the foregoing provided to The Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any others who have indicated interest. CINDY LOU TRISHMAN SALT LAKE CITY RECORDER Final action may be taken in relation to any topic listed on the agenda, including but not limited to adoption, rejection, amendment, addition of conditions and variations of options discussed. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, 801-535-7600, or relay service 711. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL BUDGET STAFF REPORT CITY COUNCIL of SALT LAKE CITY www.slccouncil.com/city-budget TO:City Council Members FROM: Libby Stockstill Policy and Budget Analyst DATE:June 3, 2021 RE: Office of the City Attorney FY 2021-22 Budget, including: Civil Division, Recorder’s Office, and Prosecutor’s Contract PROJECT TIMELINE: Briefing: June 3, 2021 Public Hearing: May 18 & June 1 Potential Action: June 8 or June 15 (TBD) ISSUE AT-A-GLANCE The Office of the City Attorney includes three divisions: Civil Practice, Recorder’s Office, and Risk Management, and a contract with the County District Attorney’s Office (DAO) to manage the Prosecutor’s Office. (Budgets relating to the Risk Management Division are analyzed separately with the Governmental Immunity Fund and the Insurance & Risk Management Fund.) The proposed Fy22 budget requests $15,180,321 and 68.75 full-time employees (FTE). There is an increase of $1,366,054 (8.9%) from the FY 2021 Adopted budget. The proposed budget increase is mainly due to an increase to personal services for recently approved staff positions during Budget Amendment 5. Information regarding the proposed budget is included on pages E-17 through E-22 of the Mayor’s Recommended Budget Book FY 2022. BUDGET HIGHLIGHTS (Available on Page E-21 of the Mayor’s Recommended Budget) •Three Assistant City Prosecutors (10 Months): A request for $268,050 to fund an additional three assistant city prosecutor positions. The positions would help facilitate the due process benefit of the additional defense attorneys funded by the Indigent Defense Commission and assigned to the Salt Lake City Justice Court arraignment courtrooms to speak with defendants at first appearance. •Personal Services Base to Base Changes: The proposed FY 2022 budget includes an increase of $66,603 in base to base personal services changes. This is based on a comparison of FY 2020-21 adopted budget to actual personal services costs paid during the first pay period of the 2021 calendar year. Page | 2 •Continued Funding for Added FY21 Budget Amendment 5 Staff Positions: The budget proposal includes the costs for staff positions that were added to the 2021 amended budget as part of Fiscal Year 2021 Budget Amendment #5. The positions and costs are: o $173,978 for a Senior City Attorney position to address increased workload. This position addresses with litigation and help with police matters. o $173,978 for a Senior City Attorney position to address increased workload. o $87,748 for a Legal Secretary to assist attorneys with increased demands. o $97,612 for an Assistant City Recorder due to the increased demands particularly with an increased demand with virtual services. •Social Media Retention: The proposal requests $15,588 to pay for current software used to archive social media posts and comments. The expense has already been paid out but through vacancy savings. There is a plan to complete an RFP process to procure an equitable solution to meet the City’s social media retention needs. •Office Victim Advocate- Grant Funding Match: The City applied for funding a Victim Advocate through a grant. The budget proposal provides funding for the required grant match. Additional changes in the proposed budget: •$19,984 for insurance rate changes affecting all City departments. •$31,843 in savings from a citywide 6-month hiring freeze due to the COVID-19 Pandemic. This amount replaces the reduction from the FY 2021 budget. •$55,480 the Attorney’s Office portion of the salary proposal described in the Budget Summary portion of the Mayor’s recommended Budget Book. ADDITIONAL POLICY QUESTIONS •In the proposed budget requests, what might not be noticed by the public, but could help improve the Office’s service to City departments? Questions relating to the Prosecutor’s Office Questions •As a part of this budget proposal, can you help us understand how the three new proposed city prosecutors would change service levels for city tax payers? •Are there any unmet needs or services that would benefit from filling these positions? •What would be the role of the new victim advocate positions? •What would be the cost of hiring a full time victim advocate? Is there a benefit to hiring an ongoing victim advocate rather than on an annual basis through grant funding? •What degree of catch-up will be needed by the prosecutor's office to make up for the pandemic related backlog noted in the report? •What is the highest priority need of the prosecutor's office included in this budget? ADDITIONAL BACKGROUND INFORMATION RECORDER’S OFFICE The Recorder’s Office administers all legislative actions ensuring transparency to the public, such as public meeting notification, City Council meeting minutes; coordination of city elections including candidate forms; acts as a compliance office for State and local statutes, including GRAMA and the Open and Public Meetings Act, and general access to City records; provides support for contract execution, and oversight of adoption and publication of the City’s Municipal Code; and provides support service to the City Administration and Council. To provide these functions to the various City Departments, the Recorder’s Office has 7 full-time employees and one part-time employee. Page | 3 The Recorder’s Office has made strides in improving efficiencies and city services. The City Recorder’s office is working to enhance community engagement and technology services through new and innovative means. Below is a list of projects completed or currently underway: •Implementation of the City identified Document Repository (Laserfiche) for records maintained by the Recorder's office •Maximizing the automation capabilities to integrate Laserfiche throughout City processes (Contracts and Public Body Meeting Materials with Transmittal and Claim forms in the near future; and the automation of reports for transparency efforts •Use of Electronic signatures for thousands of documents - adjusting to an electronic process and workflow to change the timeline on contract recordings to be within 1-2 days • Meeting Support for the Racial Equity in Policing Commission •Expanded use of agenda software for minutes; enhancing collaboration opportunities •Upcoming awareness campaign for the Ranked Choice Voting method (see more in the non- departmental budget) •Retention Schedule evaluations; with a schedule under development for consistent, regularly- timed reviews for City Departments •Participating in Citywide processes and opportunities to collaborate on efficiency opportunities •Migration of more than 200,000 files from the previous digital repository for increased search functionality PROSECUTOR’S OFFICE The City contracts with the District Attorney’s Office (DAO) to manage thirty-five full time and one part time prosecutors and staff to provide Prosecutor services for the City. The contract includes staffing salaries, lease fees for the office space, a management fee, and other operating fees. The prosecutors staff the Salt Lake City Justice Court while DAO prosecutors take those cases over when entered into district court calendars. The Prosecutor’s Office The contract between Salt Lake County and Salt Lake City has been in place since 2015. Salt Lake City prosecutors and staff operate in the workspaces as other Salt Lake County District Attorney employees. The DOA and City Prosecutors interact with state and local law enforcement agencies, as well as the City Homeless Services group, Community Action Teams, Salt Lake County Criminal Justice Advisory Council, and the Salt Lake Area Family Justice Center. The Prosecutor’s Office also participated in other programs, including a two-phase expungement program and continued referrals through the Crime Prevention Investment Program (CPIP) Diversion Program. Tracking Measurements The Office of the City Attorney uses eleven metrics included in Table 1 to measure performance monthly (Mayor’s Recommended Budget FY 2022, p.E-18). Page | 4 Table 1 City Attorney Performance Measures City Attorney Office Background Vision Statement Our goal is to be valued and trusted partners, recognized and relied upon for our expertise, creativity, and commitment to advancing the City’s goals. Mission Statement The City Attorney’s Office’s mission is to provide high-quality, timely legal advice to the city, and be relied upon as a trusted productive, and a positive City team member. Department Overview The office of the Salt Lake City Attorney includes a section responsible for civil matters and administration, a section responsible for risk management, and a section responsible for criminal matter and the Office of the City Recorder. The Office of the Salt Lake City Attorney strives to supervise and coordinate efforts of its four Divisions. From and administrative perspective, the office closely coordinates with Risk Management on litigation submitted against the City. The City Attorney also works with the Prosecutor’s Office on budgetary and administrative matters and works with the Recorder’s Office to serve the city’s goals of compliance with the law. CINDY LOU TRISHMAN OFFICE OF THE CITY RECORDER LOCATION: 451 SOUTH STATE STREET, ROOM 415, SALT LAKE CITY, UTAH 84111 MAILING ADDRESS: PO BOX 145515, SALT LAKE CITY, UTAH 84114-5515 TELEPHONE: 801-535-7671 FAX: 801-535-7681 MEMORANDUM TO CITY LEADERSHIP ______________________________________________________________________________ TO: Salt Lake City Council Chair Amy Fowler DATE: June 2, 2021 FROM: Keith Reynolds, Deputy City Recorder – GRAMA Cindy Lou Trishman, City Recorder SUBJECT: GRAMA Specifics 2020 In January 2021, upon completing the GRAMA and Open Meeting Training with Cindy Lou Trishman, Council Chair Fowler requested additional details on the breakdown of the GRAMA statistics, specifically by department. The breakdown of the statistics is provided in this memorandum. Additionally, due to inconsistencies of GRAMA responses, the Recorder’s office training efforts have been prioritized. To date, three trainings have been held covering GRAMA requirements and GovQA software overview. Each of the three trainings had over 60 attendees. Future trainings are being scheduled for June and July including specific department trainings, Redaction and Sanitization steps, Denials and Appeals. Upon completion of the in-depth, priority training, the Recorder’s office will continue to monitor GRAMA requests and maintain channels of communication between all GRAMA coordinators. 2020 Overview Total Requests 15,170 2019 819 fewer 2018 3 more Breakdown by Request Type Police 13,520 Airport 143 Fire 667 City 840 2 May 2021 Breakdown of 2020 City-type Requests Attorney 186 City Council 10 City Recorder 24 Community & Neighborhood 420 Economic Development 1 Finance 36 Human Resources 19 Information Management Systems 7 Justice Court 27 Mayor’s Office 22 Public Services 15 Public Utilities 70 Redevelopment Agency 2 Sustainability 0 THE SALT LAKE COUNTY DISTRICT ATTORNEY’S OFFICE AND SALT LAKE CITY PROSECUTOR’S OFFICE ANNUAL REPORT TO SALT LAKE CITY MAYOR ERIN MENDENHALL AND THE SALT LAKE CITY COUNCIL FEBRUARY 17, 2021 1 TO: SALT LAKE CITY MAYOR ERIN MENDENHALL AND THE SALT LAKE CITY COUNCIL FROM:THE SALT LAKE COUNTY DISTRICT ATTORNEY’S OFFICE AND THE SALT LAKE CITY PROSECUTOR’S OFFICE DATE: FEBRUARY 17, 2021 RE: 2021 CONTRACT STATUS REPORT / ANNUAL REPORT TO THE MAYOR AND CITY COUNCIL REPORT SUMMARY This report addresses the following topics: I. Summary of Services Furnished II. Case Estimates and Trends III. Court Disposition Rates IV. Program Participation Efforts __________________________________________________________________ INTRODUCTION __________________________________________________________________ 2020 was an unprecedented year, filled with challenges that seemed to present themselves in an unending sequence day after day. The Salt Lake County District Attorney’s Office (DAO) and the Salt Lake City Prosecutor’s Office (CPO) confronted those challenges and met them head-on. To ensure a rapid and day-to-day response to the demands of the Covid pandemic, the District Attorney’s Office in its role providing management services for the City Prosecutor’s Office included the CPO in its daily Covid-19 Operations meeting, held every day during the pandemic throughout 2020. Pursuant to the directives of the District 2 Attorney’s Office management team under the interlocal agreement, the City Prosecutor’s Office in mid-March 2020 began shifting to a remote work platform for the majority of its workforce. The earthquake brought about the necessity to complete the transition to a 100% capable remote workforce. That in turn brought about the rapid completion of the transition to digital files and related processes. The criminal justice system, including the Salt Lake City Justice Court, moved to remote appearances as a consequence of the pandemic. City Prosecutor staff began assembling 100% digital files for the office. City prosecutors appeared “in court” remotely, continuing to efficiently and effectively serve the residents of Salt Lake City in the modified operations of the criminal justice system. Pandemic limitations on court trials have created a backlog of some 480+ jury trials that will have to be addressed as in -person hearings re-open. This will be in addition to the typical workload that in early 2020 prompted a request for additional personnel. The events of 2020 have heightened the need for those personnel, and 2020’s request is renewed now in 2021, as the pandemic layering of delayed and pending court hearings begins to settle in on an already over-taxed workforce. I. SUMMARY OF SERVICES FURNISHED. Throughout the challenges of 2020, t he City Prosecutor’s Office continued to provide the Salt Lake City community with non-law enforcement community 3 screenings, law enforcement agency screenings, the prosecution of Class B and C misdemeanors and infractions occurring in the Salt Lake City boundaries and filed in the Salt Lake City Justice Court. This is accomplished with 15 prosecutors and 14 staff, when all positions are filled. The City Prosecutor’s Office started the year handling its de novo appeals from justice court into the district court, and ended the year with a new gained efficiency in the approach to those cases through the interlocal agreement – management services contract with the District Attorney’s Office. DAO prosecutors are now handling CPO cases that appear on appeal in District Court. Given the relatively low numbers of cases appealed, DAO prosecutors are able to handle the limited numbers of City appeals that are added to District Court calendars that those same prosecutors would appear on anyway. This allows one city prosecutor to be re-purposed to other functions. There were no appeals to the Utah Court of Appeals and Utah Supreme Court from the City Prosecutor’s Office in 2020, although the office stood ready to take those on if the occasion arose. As noted in the 2020 report: The contract between Salt Lake County and Salt Lake City for management of the Salt Lake City Prosecutor’s Office has been in place since September 2015. The District Attorney’s Office provides the City Prosecutor’s Office with a variety of services. These services include, but are not limited to, management, office space, parking, security, computer services, copy services, office supplies, victim advocate support, on -site daycare, fitness center and professional training. Salt Lake City employees enjoy the same workspaces, 4 phone, computer, internet, and other support services as Salt Lake County employees. The open access allows a free exchange of ideas and materials that enhances the interactions between the agencies. A. History of the Partnership and the impact of 2020. From the 2020 report: The Salt Lake County District Attorney’s Office understands the importance of both offices to Salt Lake County and to Salt Lake City. Sim Gill was hired into the SLC Prosecutor’s Office in 1994 as an entry-level Associate City Prosecutor. In 1995 he left the office to join the Salt Lake County (SLCO) District Attorney’s Office (DAO) as a Deputy District Attorney. In 2000, he returned to the office as the Chief Salt Lake City Prosecutor, appointed by Mayor Rocky Anderson and kept in that position for Mayor Anderson’s two terms. In 2008, Mayor Ralph Becker retained Sim as the Chief Salt Lake City Prosecutor. In 2010, Sim won election as the Salt Lake County District Attorney, and left the Salt Lake City Prosecutor’s Office (SLCPO). On September 1, 2015, the interlocal management agreement between the SLCO DAO and the SLCPO went into effect, putting Sim at the helm of both offices as the DA and again as the Chief Salt Lake City Prosecutor. It is the importance of th ese offices to their respective jurisdictions and to each other that led to the interlocal management agreement. The potential for a synergistic relationship between both parties has realized real benefits for each office, and each jurisdiction. The combined footprint of the offices results in approximately 40% of the crimes in the State of Utah being addressed through the unified management structure. 2020 addendum: As indicated, the net result of the events of 2020 was a rapid shift to a 100% capable work-force, with the majority of the 29 CPO personnel working from home remotely on any given day with only 1-2 personnel in the office on any regular basis. This capability, made possible by the extant and post -onset additional resources obtained by the District Attorney’s Office for City 5 Prosecutor personnel, allowed the CPO to meet the remote court hearing schedules set by the Salt Lake City Justice Court and to work in close partnership with that court. B. Hiring, On-Boarding, and Training Hiring. Salt Lake City employees are hired via Salt Lake City processes and with the input of SLC Human Resources personnel. Hiring follows SLC policies and procedures. In 2020, n o changes to the hiring process were set in place other than remote interviews and other remote processes instituted as part of the pandemic response in accord with SLC policy and practice and DAO management directives. On -Boarding. Because of the unique shared nature of the facilities, city employees do have to undergo county policy and procedures for background checks, given that the building is a secure space comparable to a courthouse. During 2020, w ith the unique pandemic directive to minimize personnel in the office, new hires typically were in the office for their first week with the office for a general familiarization, setting up their office, obtaining laptops and cellphones for remote work, and some basic training. Most then began remote work from home. Training. In 2020, t he Salt Lake City Prosecutor’s Office continued to provide training to Salt Lake City Police Department (SLCPD) n ew officers as 6 recruits with the following topics. The CPO taught one recruit class in 2018, three recruit classes in 2019, and then two recruit classes in 2020. As in 2019 and before, classes prosecutors taught to police recruits included: *. Utah Criminal Code (2 hours), *. Laws of Evidence (5 hours), *. Traffic Law, *. Court Demeanor, *. Law of Arrest (5 hours), *. Search and Seizure (7 hours), *. Laws of Reasonable Force (2 hours), *. Liability of Peace Officers (2 hours), *. Crimes against Persons Part I (3 hours), *. Crimes against Persons Part II (4 hours), *. Introduction to Constitutional Law (two hours), *. Introduction to the Utah Court System (2 hours), *. Controlled Substance Law (2 hours), *. Alcohol Beverage Control Act (2 hours), *. Crimes against Family (one hour), *. Crimes against Public Order and Decency (two hours), and *. Crimes against the Administration of Government and Government law (one hour). In 2020, t he DAO continued to provide training and continuing legal education during the Pandemic. Classes offered or proposed included: Excellence in Prosecution, Jury Pitfalls, Case Resolution and Plea Negotiation, Improving the Public Image of Prosecutors, Implicit Bias/Ethics, Field Trip to the Salt Lake County Adult Detention Center (cancelled due to pandemic conditions), Advanced Trial Advocacy, Exonerations, Ethics, Competency, Sentencing Guidelines, Field Trip to the Utah State Prison, Resources/JRI, Secondary Trauma, Brady – Giglio, and AP&P / Conditions of Probation and Parole. 7 Within the CPO, the remote work environment and reduced caseload (jury trials going to zero for the remainder of 2020) provided an opportunity to concentrate on some training issues in a way that had n ot been previously possible, and that focus created gains in internal training procedure and outcomes during 2020. C. The Screening Function/Process: Community Screenings, Law Enforcement Screenings, review and filing of direct filed citations. During 2020, t he City Prosecutor’s Office continued to provide the Salt Lake City community with community screenings, law enforcement agency screenings, and the prosecution of Class B and C misdemeanors and infractions occurring in the Salt Lake City boundaries and filed in the Salt Lake City Justice Court . Screening is the process where prosecutors review police reports and determine whether to proceed with the charges requested by law enforcement or to change those charges, refuse to file those charges, or requ est more investigation. This occurs when a citation is filed with the court by police, or when police submit a screening packet/request to the office for review. This is an important and resource intensive process, as this is crucial to ensuring that the rights of victims and accused persons are protected by thoughtful review and consideration of the case. 8 Salt Lake City may be one of a few, if not the only, prosecution office in Utah that allows for community screenings. Screening is crucial to the prosecution process, the gateway to pursuing offenders while protecting the innocent, both victims of crime and those factually innocent though accused. Community screenings allow residents to approach the prosecution office where an initial law enforcement report was not submitted for a detective screening or a citation was not issued to the court. The City Prosecutor’s Office works closely with the Salt Lake City Police Department, Salt Lake City International Airport Police (now fully integrated with the SLCPD), Salt Lake City Fire Department, Utah Department of Public Safety, Utah Highway Patrol, State Bureau of Investigation, University of Utah Police Department, Unified Police Department, Salt Lake County Sheriff’s Office, Utah State Division of Wildlife Resources, Salt Lake County Animal Services, and Salt Lake City code enforcement personnel. D. The Justice Court Process. The Justice Court process consists of case initiation (filing in the court by citation or information), arraignment, pretrial hearings, law and motion (evidentiary hearings), bench trials, jury trials, sentencings, and post-sentencing reviews and orders-to-show-cause. In 2020, the pandemic response and move to remote hearings allowed all hearings with the exception of jury trials to continue. 9 A return to in -person jury trials in 2021 is anticipated, in a modified format. Challenges to the modified format are anticipated, in both the areas of due process sufficiency and the mechanics of social distancing. As noted elsewhere, with some 480 jury trials left over from 2020 and pending in the SLC Justice Court as of January 2021, there will be serious demands on the resources of all stakeholders in the court to resolve that backlog. E. Appeals from Justice Court and The Trial De Novo Process. If a defendant is convicted in justice court, the defendant has an automatic right of appeal to the Third District Court. There, the process starts all over, and proceeds anew, as if the defendant had not been convicted in the justice court. This protection for defendants has a corresponding special impact on victims in domestic violence cases, and in public safety cases, like DUI’s. There is some additional resource impact due to the second track of de novo court hearings. During 2020, DAO management looked at the number of these justice court to district court appeals and decided to try to enhance services t here by adding an efficiency. District Attorney prosecutors staff the same calendars that city justice court matters appear on when appealed into the district court. Acknowledging that, and determining that tracking and appearing on these cases would not contribute to an unacceptable workload addition to the DAO prosecutors, DAO administration freed up city prosecutor personnel for other appearances and functions by having 10 DAO prosecutors take those cases over once the cases were entered district court calendars. This freed up one city prosecutor from the district court assignment, for other purposes. F. Partner LEO agencies. The Salt Lake City Prosecutor’s Office under the DAO management team interacts with numerous law enforcement agencies. These include the Salt Lake City Police Department (now including the former Salt Lake City International Airport Police), Utah Highway Patrol, Utah Transit Authority Police, University of Utah Police, Salt Lake County Animal Services, Salt Lake County Health Department, the Utah Department of Natural Resources – Wildlife Resources, the Federal Transportation Safety Administration, and other law enforcement agencies in course of occasional cases with jurisdiction in Salt Lake City or conflict from other agencies based on professional courtesy. G. Other Partner Organizations. i. Salt Lake County Criminal Justice Advisory Council (CJAC). Salt Lake City has a presence on the council and on the “Misdemeanors working group”, in the presence of Judge Baxter from the justice court, Sim Gill as both the DA and as the Chief City Prosecutor and other City Prosecutor’s Office personnel. From the CJAC homepage: The Criminal Justice Advisory Council (CJAC) is created by Salt Lake County ordinance and serves as an advisory committee to 11 the Salt Lake County Mayor and County Council. CJAC works collaboratively to shape criminal justice policy and County initiatives. The committee is made-up of law enforcement, prosecutors, defense counsel, corrections, courts, human services, and elected officials at the city, county, and state level. https://slco.org/cji/advisory-council/ ii. The Salt Lake Area Family Justice Center is a collaborative staffing approach to the issues of domestic violence and its aftermath and effects on families. The Salt Lake City Prosecutor’s Office was a founding agency in the implementation of that Center in Salt Lake City. City Prosecutor’s Office personnel identified the need for a center on the lines of the Casey Gwinn San Diego Family Justice Center approach, and began, with the YWCA, to investigate options. One of those was a Presidential Grant Program that offered seed money to kick-start these centers across the country. Although the grant application was not successful, the process encouraged the collaborators to proceed on a model of a part -tim e Center in the basement of a YWCA building, just to force the implementation of the concept. The success of that resulted in the creation of the current YWCA family justice center. While SLC Police are still housed on site, SLC Prosecutor involvement has receded, in large part to resource demands that have prevented the CPO from staffing a prosecutor there on a part or full-time basis. Additional personnel would permit considering a return to a more robust presence with this community agency. 12 H. Interaction with other City departments and working groups. i. City Homeless Services Group. Participation in the meetings here allows the CPO to stay informed on developments in the provision of city services for persons experiencing homelessness, with the goal of just and humane enforcement of criminal law where necessary with persons experiencing homelessness. ii. CAT Teams: There is a potential for a return to city prosecutor presence on the city’s CAT (Community Action Teams) Teams. City prosecutors were originally part of the community action teams in the 1990’s under grants that hired city prosecutors as integral components to the CAT teams. Based on observations of the CAT teams by city prosecutor personnel in 2019, city prosecutor presence on a regular basis is again worth exploring. In order to accomplish a return of prosecutors to regular attendance, additional prosecutors would be necessary. That possibility is discussed below. I. “ePROSECUTOR” and Data-Collection In line with Mayor Mendenhall’s Salt Lake City Annual Progress Report Card, and her reiteration there that “If you don’t measure it, you can’t manage it”, the SLC CPO anticipates that it will be able to bring the “eProsecutor” case management system on -line and into active use in 2021. 13 The Salt Lake City Prosecutor anticipates going live with eProsecutor within a few months of the District Attorney going live with the product, which is currently scheduled for April 2021. Original go-live was delayed due to COVID and the difficulties of launching a complex system while the vast majority of staff are working remotely. This tiered launch approach will allow for the following to take place: 1. Additional development of the efiling interface for use by the City. The core of the efiling interface has been developed for the District Attorney and is being modified to accept efilings from the City Prosecutor. 2. Additional development of workflows specific to the processes of the City Prosecutor. As their caseload is comprised entirely of misdemeanor offenses, and mostly originating from e-citations, specialized workflows are being developed to capture these processes. 3. Implementation of bug fixes and troubleshooting for issues identified during initial go-live for DA. This will allow the City Prosecutor to avoid any of these issues by their go-live date, making for a smoother transition. The current appropriation is sufficient to cover all costs associated with any additional development that is required for the City Prosecutor to go live. We look forward to launching this system and reaping the benefits of the increased efficiencies it will introduce. The DAO-CPO partnership anticipates that this system will provide data collection and management to enhance “measure t o manage” (data-driven decision -making) capabilities. 14 II. CASE ESTIMATES, TRENDS, IMPLICATIONS, AND PROPOSALS. A. Pandemic Impact B. Case Trends C. Matters By Case Type 2017-2020. D. Matters By Case Type 2020 E. Matters By Case Type 2019 F. Prosecutor caseloads v. workloads G. Industry and office trends A. Pandemic Impact The universal impact of the COVID-19 pandemic is inescapable. While we do not have the data to include in this report, it is reasonable to conclude that the health restrictions imposed upon and/or the closing of downtown restaurants, social clubs, theaters, cancelled outdoor downtown activities, and other businesses has led to a noticeable reduction in the daytime population of Salt Lake City. Additionally, of the businesses and organizations that have remained open, many, where possible, have favored remote work that further reduces the daytime population. According to a recent survey conducted by Downtown Alliance and reported by KSL, 76% of downtown SLC employees are primarily working remotely. As a result, the overall number of cases filed and prosecuted by the CPO reduced slightly in 2020, but where some categories of cases decreased, there was an alarming increase in categories of cases that effect public safety. 15 B. Trends As stated above, there is strong evidence that the 2020 daytime population in Salt Lake City was reduced due in large to the COVID-19 pandemic. Correspondingly, according to the Utah State Courts, there was a 13% drop in cases filed in the Salt Lake City Justice Courts that were prosecuted by the CPO compared to 2019 (13,879 in 2020 v. 15,977 in 2019). However, despite the 13% overall decrease in cases prosecuted by the CPO, the number of DUI related offenses dropped by only 4%, whereas domestic violence cases actually rose by 5%. 16 C. Matters By Case Type 2017-2020. In 2019, generally, the surge seen during and after the 2017 Operation Rio Grande had dissipated and numbers had stabilized, with some variations as indicated below. 2020 saw a general drop in cases with the exception of Domestic Violence (DV) offenses. Notable, however are one year (2018-2019) increases in Domestic Violence, DUI, and Non -DV Assaultive Conduct, which tend to be the most time and resource intensive offenses that the office prosecutes. 2019-2020 saw a drop in DUI, but a continuing increase in Domestic Violence (DV) offenses (generally attributed to the pandemic based on various theories). DV offenses are those where a dedicated SLC CPO victim advocate is most needed and which will result in the highest efficiencies. 0 5000 10000 15000 20000 25000 Movi ng Viola tions Non- movi ng Viola tions Drive r's Licen se Viola tions Othe r Misd emea nors Contr olled Subst ance Viola tions Theft Publi c Intoxi catio n Dom estic Viole nce DUI Assa ult (non DV) Liquo r Viola tions Anim al Contr ol and Wildli fe Parks and Recre ation Viola tions Sale of Alcoh ol Viola tions 2017 21206 8937 3691 5880 4271 2915 1368 743 1088 755 281 196 91 90 2018 18287 9653 3311 4764 3450 2145 1393 861 786 578 329 174 68 45 2019 1628711582 3446 5413 2152 1949 1410 1038 966 628 163 191 83 20 2020 12939 9276 2941 4897 1688 1619 1076 1091 926 583 167 174 116 17 Matters by Case Type 2017 -2020 2017 2018 2019 2020 17 D. Matters By Case Type 2020 (State Fiscal Year 2019-2020 Data). Where more cases are closed than opened (filed with the court) it creates a systemic gain in that more cases are closed out of the system than remain in it . By this data set, all categories except DUI and DV experienced more closures than filings. Where more cases are left open than closed, t his creates a systemic drag in that cases remain in the system and carry over from time period to time period, requiring more court hearings and more resources from all stakeholders. In this data set, DUI and DV are the only categories that saw more new cases opened (filed with the court) than old cases being closed. 875 3072 13541 10541 652 3307 2120 32 387 2909 245 171 739 7585 926 2941 12939 9276 583 1619 1076 17 167 1688 174 116 1091 4897 0 2000 4000 6000 8000 10000 12000 14000 16000 Matters by Case Type 2020 Closed Open 18 E. Matters By Case Type 2019. 2019 Categories where more cases were closed than left open: Assault, Public intoxication, Liquor Violations, Controlled Substances, Parks and Recreation violations. This creates a systemic gain in that cases are closed out of the system. 2019 Categories where more cases were left open than closed: DUI, Driver’s License violations, Moving Violations, non-moving violations, Theft, Public Intoxication, Illegal Sale of Alcohol, Animal Control/Wildlife, Domestic Violence, Other Misdemeanors and Infractions. This creates a systemic drag in that cases remain in t he system and carry over from time period to time period. 854 3139 15406 9288 661 1902 1257 18 208 2338 174 90 527 4974 966 3446 16278 9653 628 1949 1410 20 163 2152 191 83 1038 5413 0 2000 4000 6000 8000 10000 12000 14000 16000 18000 Matters by Case Type 2019 Closed Open 19 F. Prosecutor caseloads v. workload As stated earlier, using the data provided by the Utah State Courts, the CPO prosecuted 13,879 cases filed in the Salt Lake City Justice Courts in 2020. With the 13 line prosecutors currently employed, that equates to an average caseload of 1,068 cases per line prosecutor. Note the term “line prosecutor” is a reference to attorneys whose primary assignment is in court, as opposed to first assistant prosecutors whose primary job duties include training and supervisory functions. However, while the CPO has 13 line prosecutor positions, circumstances beyond our control has left us with far fewer active prosecutors to carry the load. As of the writing of this report, 4 line prosecutors have resigned their positions. Additionally, 3 line prosecutors are on ext ended military orders, and 1 line prosecutor is out on extended family leave. Consequently, while the caseload per prosecutor in 2020 was 1,068, the realized caseload per prosecutor is much higher. It is also important to separate the per prosecutor caseload from the per prosecutor workload. For each single case, there are several necessary steps and actions taken by each prosecutor; discovery review, witness contact, victim contact, review of criminal history, and restitution determination to name a few. With over a thousand cases per prosecutor, the time investment to properly address each case is immense. The caseload/workload combination leaves little time to manage the 20 other responsibilities that befalls the line prosecutor including screening, attorney of the day, and calendar prep. As has been stated in previous reports, the need for additional personnel to properly meet our obligations is paramount. The following discussion is the 2019 discussion relative to caseload by varying prosecutor staffing numbers. Although a drop in total cases opened or filed was experienced in 2020, there is a pending backlog of jury trials and an expectation that numbers will climb closer to 2019 levels as vaccinations occur and methods are emplaced to return caseflow closer to historic levels. Thus, t he 2019 discussion is realistically closer to what can be expected in 2021. It also appears that the State adjusted 2019 numbers upward from those in the 2020 report, as indicated. Case data from the court indicates the following for combined categories of Misdemeanor and Traffic cases. Below, t he notations “13”, “15”, and “17” reference the caseload per prosecutor counting the current 13 line prosecutors, then with 15 line prosecutors (adding 2), and then with 17 line prosecutors (adding 4). These numbers are adjusted to reflect the number of traffic cases that are estimated to be handled by prosecutors. The vast majority of traffic cases are resolved by bail forfeiture or a Memorandum of Understanding (MOU), that is, by someone paying a fine without seeing a judge, or resolving a case with court personnel 21 pursuant to an MOU between the court and the CPO. Note the term “line prosecutor” is a reference to attorneys whose primary assignment is in court, as opposed to first assistant prosecutors whose primary job duties include training and supervisory functions. 2019 = 13,373 15,977 line-prosecutor handled cases. = criminal cases filed (9373 10,328) + traffic cases handled (working est. at approx. 4000, believed to be conservative, with other estimates ranging from 9000 to 13000 5,649) = with 13 Line attorneys: 1028 1229 cases per attorney. At 15: 891 1065. 17: 786 939. Note that the estimate of approximately 4000 is an estimate from justice court staff and seems exceedingly low based on prosecutor experience, but, until another analysis renders better data, this estimate will be utilized. 5,649 cases appears to be an accurate updated number from State data. There are qualitative rationales for increasing staffing and improving the service levels on the spectrum from processing cases to truly prosecuting cases effectively, to the greater benefit of victims’ rights, defendants’ rights, and overall criminal justice system due process and social justice outcomes. One study determined that the appropriate number of misdemeanor cases for a legal defender to carry as a caseload was 400 cases per year. The working theory for prosecutors has been that working caseload of twice that, 800 cases per year, was a goal to be attained to provide resources that might meet the standard for providing a quality justice system. As noted above, even with conservative estimates, the number of cases carried by prosecutors is well above the ideal. 22 There is another factor that comes into play, and that is the available experience of the line prosecutors currently in the office. Prosecutors who have had the core training program are available to handle cases and calendars without const ant supervision. There are currently two first assistant city prosecutors in the office to provide administration, supervision, and training to the 13 line prosecutors. Prosecutors who are new require significant training and supervision. Thus, as the number of new prosecutors rises in the office, additional work is shifted to the more experienced prosecutors in the office until training is completed. Thus, looking at the numbers above for 2019, it is possible to understand the per prosecutor increase in caseload as the ratio of trained prosecutors and new prosecutors changes. Again: 2019 = 13,373 15,977 line-prosecutor handled cases. = criminal cases filed (9373 10328) + traffic cases handled (est. at approx. 4000 5649) = with 13 Line attorneys: 1028 1229 cases per attorney. At 15: 891 1065. At 17: 786 939. Thus, to near the goal of approximately 800 cases per line prosecutor in the office, another 4 prosecutors would be needed, based on available data. Without additional prosecutors, the rotation of new prosecutors into the office creates an impact in moving work on to other more experienced prosecutors until those new 23 prosecutors are trained. That impact can be seen by the per prosecutor caseload impact assuming a caseload split among the experience prosecutors, less the new: Caseload per trained line prosecutor, with 13 trained (0 new) prosecutors: 1229. Caseload per trained line prosecutor, with 12 trained (1 new) prosecutors: 1331. Caseload per trained line prosecutor, with 11 trained (2 new) prosecutors: 1452. Caseload per trained line prosecutor, with 10 trained (3 new) prosecutors: 1597. Caseload per trained line prosecutor, with 9 trained (4 new) prosecutors: 1775. Th ese caseload estimates provide some perspective on the impact to line- prosecutor caseload. With 4 new prosecutors in the office, until they are trained and effective, that amounts to nearly a 50% caseload increase. 1775/1229 = 144%. In 2019, 10 new prosecutors were hired into the 13 position line prosecutor designation. That reflects approximately a 77% rotation of line prosecutors in 2019. That compares with a 60% rotation of line attorneys in 1994-1995 and approximately 80% rotation in the years 2010-2015. The majority of those prosecutors leaving in 2019 rotated into the District Attorney’s Office. Qualified prosecutors being hired into the DAO benefits the residents of Salt Lake City as constituents of the DAO. Some component of the 2019 rotation was a result of the robust economy, which resulted in an appealing private sector for attorneys, and, escalating district attorney salaries and flexible work schedules in other counties. 24 G. 2020 hiring rotations. In 2020, 6 new prosecutors were hired into the 13 position line prosecutor designation. That is a 46% new hire rate during 2020, with 5 of the 6, and 5 of the 13 (38%), beginning with the city in February of 2020, and the sixth hire starting in September of 2020. Thus, through 2020, only one line prosecutor position (1/13 or 7.7% of line prosecutors) rotated after the onset of the pandemic, looking at a mid- March date as the reference point for the full impact of the pandemic. Thus, it is possible to ascribe non -pandemic reasons for the rotation and new hires up to February, including a robust economy and workload up to that point. The 2020 report is a good reference for that discussion. Indicators in early 2021 for line prosecutor rotation would suggest explanations for rotation other than a robust economy. H. Industry and office trends During 2020, the CPO lost 3 line prosecutors. Early into 2021, the CPO has lost an additional 4 line prosecutors. Our efforts to advertise, interview, and select replacements has proven increasingly challenging. In our observation, our applicant pools are noticeably smaller, the quality of applicant has appeared to decline, and of those that we make formal offers to, more are declining our offers or withdrawing their applications. This could be due to any number of factors, but an inescapable truth is that the competition for prosecutors has increased. 25 According to the ABA, enrollment levels in American law schools are at 1980 levels. With decreased enrollment, decreased numbers of graduates, coupled with ever-increasing tuition that typically leads to increased student loan debt, attracting new prosecutors to an environment that has extremely high caseload and workload demands at our current compensation levels is increasingly challenging. This is an issue that if left unaddressed will exacerbate the already difficult position the CPO is in. In an effort to maintain and possibly improve on the level of service, these observations lead to the following proposals: RENEWED PROPOSAL 1. REQUEST FOR VICTIM ADVOCATE (GRANT / FTE). In the years 2018-2019, the Salt Lake City Prosecutor’s Office was able to utilize the services of a grant -funded victim advocate through the contract interlocal agreement collaboration with the SLCO DA and SLC. The expectation in early 2020 was that the experiment had drawn to a close and the DA staff person would be re-allocated back to the DA caseload. The consensus is that the services of the victim advocate were invaluable to the prosecutors’ office and to victims. This was primarily for the domestic violence caseload in the office, although victims of other offenses did benefit from this service. When the CPO 2020 request for a victim advocate was withdrawn due to the impact of Covid, the DAO made the determination to continue to share the services of the DAO victim 26 advocate with the CPO to maintain the level of service to the residents of Salt Lake City. After another year of sharing a DAO victim advocate with the CPO, the DAO has begun a phased transition to pull that service allotment back fully into the DAO, leaving the CPO without the shared DAO victim advocate on or before July1, 2021. The Cit y Prosecutors’ Office would renew its 2020 request in 2021 that the city provide, by grant or general fund a victim’s advocate that can be dedicated to the city caseload to replace the experimental victim advocate loaned to the city for city cases by the Salt Lake County District Attorneys’ Office. The duties of this victim advocate would include: ensuring the smooth transfer of victim services from SLCPD victim advocates to the SLC Prosecutors’ Office as cases move from police investigation and are submitted for prosecution screening; maintaining contact with victims through all phases of the criminal justice system; facilitating community screenings; addressing restitution issues, court process familiarization, in -court accompaniment (accompanying victims into court); and assisting victims in accessing available post-trauma resources 2020 PROPOSAL 2. INVESTIGATOR. NOT RENEWED FOR 2021, SUBSTITUTING A REQUEST FOR ANOTHER PROSECUTOR. During the course of 2019 and into 2020, the SLC Prosecutor’s Office on occasion utilized the services of the POST-certified, law enforcement experienced investigators of the SLCO DAO. These investigators serve a dedicated, 27 supplementary investigation function that follows police detective investigation. These investigators can be utilized by a prosecutor’s office to provide investigative services at prosecution direction in a focused, short notice, prioritized manner that responds to the fast -paced, sudden demands of prosecution once cases move from police and to prosecution offices. Examples include: capturing social media and other digital evidence quickly and after cases are in screening and after cases are filed and pending in the criminal justice system. This is an important function that can spill over into the prosecution function from law enforcement, as in a recent case that generated more than 60 hours of video evidence. Given the current circumstances, current need indicates that the best course of action is that another FTE prosecutor position, rather than an investigator, will serve Salt Lake City best. The DAO will allow on -occasion, urgent need use of its investigative unit as a courtesy to the CPO. PROPOSAL 3. THREE (3) ADDITIONAL PROSECUTORS. The City Prosecutor’s Office would request an additional three (3) FTE prosecutor positions, switching out one investigator position for a prosecutor position in the original 2020 proposal. This request is not based on caseload increase under the provisions of the interlocal agreement (contract). Additional 28 prosecutors would help maintain service levels to the SLC community. Additional defense attorneys were funded by the Indigent Defense Commission, which allow one defense attorney to be assigned in the SLC Justice Court arraignment courtroom. The additional defense presence has changed the dynamic in the courtroom to the extent that an additional prosecutor will help facilitate the due process benefit sought from the placement of that defense attorney to talk to defendants at first appearance. While this increase may not be reflective of a caseload increase, it will help address the workload issues created by new technology (police body cams are an example). As noted above, review of available body cam evidence currently is an additional demand placed on prosecutors in the course of providing discovery and for trial preparation. Examples include: SLCJC case 191402872 with eight (8) video segments involving five (5) law enforcement officers and total video time of one hour – two (2) minutes – ten (10) seconds for a public intoxication case. 29 SLCJC case 161412356 with seven (7) video segments involving five LEO’s and total video time of two (2) hours – eight (8) minutes – sixteen (16) seconds for a criminal trespass case. These are relatively simple police cases, that create significant discovery review and trial preparation issues. This is even more true of the more significant cases the office handles such as domestic violence and DUI cases. 30 III. COURT DISPOSITION RATES A. Cases Filed Versus Cases Disposed B. Criminal Prosecution Caseload Dispositions A. Cases Filed Versus Cases Disposed. Significance: The Administrative Office of the Court’s (AOC’s) goal is 95% of active cases disposed of within 6 months. The difference in the percentage of cases approaching the AOC time goal reflects an improved disposition rate since 2015 based on the efforts of the management team under the contract, which took effect on September 1, 2015. Thus, the lower disposition rates in 2015 are based on 9 months of management under the prior model and three months under the DAO-interlocal agreement-management contract model. The 2020 pandemic returned disposition rates to near 2015 levels. B. Criminal Prosecution Caseload Dispositions. In 2020, the total number of criminal cases filed in the Salt Lake City Justice Court was approximately (estimated to be) 28,313 including traffic violations. Of that number, city prosecutors touched or were involved with some 13,879 (again, using the best available data). The difference is largely 69% 89%92%85%90% 68% 77% 94%97%91%97% 75% 0% 20% 40% 60% 80% 100% 120% 2015 2016 2017 2018 2019 2020 % of Pending Cases Resolved Within the AOC's 6 Month Time Goal Criminal Traffic 31 made up of traffic cases (low level offenses) that were resolved by bail forfeiture (paying a fine without seeing a judge) or otherwise pursuant to a Memorandum of Understanding (MOU) with the SLC Justice Court that increases efficiencies by allowing for dispositions without prosecutor involvement. IV. PROGRAM PARTICIPATION EFFORTS A. Operation Homeless Connect B. Salt Lake County Expungement Day C. CPIP (County Pretrial Intervention Program) Diversion Program A. Operation Homeless Connect. The Salt Lake City Prosecutor’s Office participated in the City’s 2019 Operation Homeless Connect, where the office assisted by interacting with 101 persons experiencing homelessness, and assisted in having 177 justice court cases heard at the event. Unfortunately, in the wake of the Covid pandemic’s challenges, the 2020 Hom eless Connect had to be cancelled. 39,821 35,743 35,321 28,313 39,347 36,968 35,382 35,729 0 10,000 20,000 30,000 40,000 50,000 2017 Filed 2017 Disposed 2018 Filed 2018 Disposed 2019 Filed 2019 Disposed 2020 Filed 2020 Disposed 2020 Total Cases Filed versus Cases DisposedFiledDisposed 32 B. Salt Lake County Expungement Day. In 2019, t he Salt Lake City Prosecutor’s Office participated in the two-phase Expungement program, with a day in June and again in November, 2019. In the first phase in June, 348 persons were assisted with their expungements. In the second phase in November, 2019, more than one hundred cases were addressed for expungement. The effort will have far reaching impact on those who successfully expunge their cases, especially in terms of employment. 2020 presented unique challenges to the expungement effort. Given the pandemic’s impact, expungement efforts were held remotely. The first of the two held in 2020 was held on 7/8/2021. DAO and SLC prosecutors participated. This engagement provided assistance to more than 180 persons. Sixty-six completed applications went to the Bureau of Criminal Identification (BCI) for a determination on Criminal Record Expungement eligibility. The second of the two 2020 events was held on 9/23/2021. On that date, SLCO DAO and SLC CPO personnel participated in a group effort that again provided expungement related services to more than 180 persons. Another 60 completed applications were sent to BCI for an eligibility determination. Given the number of different agencies involved, more than 120 completed applications represent a significant collaborative effort, especially in the face of 2020 pandemic constraints. 33 C. CPIP Diversion Program. From the 2020 Report: In 2019, the SLCO DA initiated its CPIP Diversion program, aimed at diverting cases from the criminal justice system in an effort to avoid the demonstrated negative impact that arises from early encounters with the criminal justice system and that encourage more criminal behavior rather than discourage it. The cases identified for this program typically are first offenses or offenses after a period of no criminal involvement, and that do not implicate public safety. Those candidates are offered participation in the diversion program, overseen by Salt Lake County probation services, and that typically involve one or two cou rses aimed at changing negative thought processes and negative behaviors. Successful candidates achieve a dismissal of their charges without entering a plea and minimizing damage to their criminal history, with the associated employment and other consequences. The DAO management team instituted a parallel program in the SLC Prosecutor’s Office, and the implementation of that program is on -going, with a number of successful program participants reaching the milestone of a case dismissal. This program in t he long run will have dual benefits of lessening the impact of first or early encounters on new defendants and of keeping cases out of the criminal justice system for greater resource efficiency. 2020 CPIP addendum. 46 cases were referred to the program for consideration where the defendant did not enter into the program as set out following. 5 declined to participate, 13 were declined due to history, 17 invitations had no response from the defendant and/or attorney, 4 charges were determined not appropriate for diversion, 4 cases have no decision made yet and are pending, 2 cases were dismissed due to evidence concerns and 1 case was dismissed by the court. 34 There were 31 successful CPIP completions in 2020. Those cases broke down as follows: 15 retail theft cases, 6 trespass cases, 3 drug cases, 3 minor-in- possession cases, 1 failure to disclose ID, 1 public intoxication, 1 theft by deception, and 1 supplying alcohol to a m inor. The CPIP/Diversion program now has a demonstrated track record that is really only limited by resources for further implementation. V. CONCLUSION. In 2020’s report, we began our conclusion with this: During 2019, and looking forward in 2020, the co-location of the City Prosecutor’s Office with the District Attorney’s Office and the relationship between the offices continues to be developed and refined, to the benefit of both agencies. In what has developed into a challenging employment environment, the relationship between the offices creates an opportunity to utilize each office’s strengths to buttress the other as appropriate responses are developed to maintain the level of service to the residents of Salt Lake City. Certainly time and events can shift perspective on what constitutes a challenging work environment. The challenging work environment of 2019 has been well-eclipsed by what we have seen in 2020. The impact of 2020 will take some time to recede, and hopefully will do so in 2021. The 2020 Report concluded: “There is a valuable and demonstrable synergistic effect that has developed from personnel familiarity and physical proximity since the start of the DAO-City working relationship. The County looks 35 forward to continued collaboration with the City.” 2020 reinforced the value of that working relationship. In the midst of a pandemic, earthquake, civil unrest, and historic windstorms, the City Prosecutor’s Office and the District Attorney’s Office worked together through it all as professionals. Then, to the extent that people were willing to share their personal lives, the offices saw people endure the Covid virus, endure health challenges, lose friends and loved ones, welcome a newborn, add new pets (remote work associates) to their households, and in the midst of all the complexity, work through the challenge of trying to educate their kids and still be productive while working at home to increase office safety [maintain office health] and maintain public safety. The technological and human adaptation to a remote workforce allowed the City to remain in the high 80 and low 90 percent range for remote workers, which was amazing. This was accomplished while maintaining a high -quality work product in the new and constantly changing court environment. The residents of Salt Lake City were well-served by their City Prosecutor’s Office in 2020, and by the continued partnership between t he City Prosecutor’s Office and the District Attorney’s Office. The City can be proud of every person in the City Prosecutor’s Office in their 2020 performance, and be assured of the continued mutual value in the interlocal agreement between the offices. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO: City Council Members FROM: Kira Luke Budget & Policy Analyst DATE: June 3. 2021 RE: FY 2021-22 Budget – Information Management Services (IMS) Department DEPARTMENT AT-A-GLANCE The Department of Information Management Services (IMS) provides technical support for General Fund departments and Enterprise Funds in the City. IMS is operated as an Internal Service Fund, which means that its source of revenue comes from charging fees to the City departments and funds based on the services provided. Employees: 84 (+15 since last budget) Proposed FY22 Budget: $19,215,550 ISSUE AT-A-GLANCE The Mayor’s recommended budget for IMS totals $19,215,550 which is a $2,392,544 or 14.2% increase over the adopted budget for Fiscal Year 20-21 (FY20). FY21 Adopted FY22 Proposed Difference Percent Change $17,345,710 $19,215,550 $2,392,544 14.2% Four major themes are visible in the IMS budget this year: •Enterprise Resource Planning (ERP) software implementation •Restructure and role consolidation •Increased demand for technical stability and support •Increased public connectivity with City information and processes Over the past year, as Salt Lake City has been impacted by the COVID-19 pandemic, IMS has maintained functionality, provided new tools and supported City Departments through the rapid adoption of remote work technology. The recommended budget includes continued funding for the Page | 2 Enterprise Resource Planning (ERP) initiative, ongoing implementation of Constituent Relationship Management (CRM) software, and increased staffing to meet these needs. (See major project descriptions on page 4) Major changes since FY21 adoption happened in IMS’s budget through budget amendments 6 and 7, which included several staffing reorganizations. Staffing changes include: A new Geographic Information Services (GIS) Division, which provides GIS support to all Departments, and coordinates data-gathering Citywide for Departments to use in decision-making, reporting, and communications. Large internal implementation projects involving multiple departments, such as ERP or the Constituent Relationship Management (CRM) software, are within the Innovations Team’s purview. The Civic Engagement Team is now housed within Media Services, the City’s content and communications division. This allows public-facing events and engagement initiatives from departments to receive coordinated consulting and outreach. These three teams consolidate Full Time Employee (FTE) positions from multiple Departments including Community and Neighborhoods (CAN), Public Services, and Public Utilities to provide centralized consulting and support to all City Departments. These budget amendment interdepartmental FTE transfers account for nine of the 15 new positions between FY21 and FY22. IMS is also participating in the Citywide, grant-funded apprenticeship program and is the beneficiary of 10 apprentices. Reports from the Department are favorable of this new experience. Major expenditure increases in FY22 •$349,470 in software subscription increases •$1,129,391 in contractual increases •$2,000,000 for the ERP system •$125,000 for website enhancements. •$350,000 for public safety network infrastructure Some things the public might see from FY22 funding proposals: •Improved City website function and accessibility •Self-serve online knowledge base (CRM) •Improved comment forms (CRM) •Improved issue reporting online and via mobile app (CRM) •Public-facing wifi access in select locations (City Connect) Some things City staff might see from FY22 funding proposals: •Streamlined business processes (ERP) - less time on administrative functions, more time to focus on primary job roles •Continued tech support •Continued telework abilities and improvements •Organized GIS datasets available to the public and staff Page | 3 POLICY QUESTIONS 1. FY21 to FY22 is the largest FTE increase (15) the IMS budget has seen in years, and is generally commensurate with the number of Citywide employees and software services the IMS Department provides support for. a.The Council may wish to ask, are current staffing levels and/or technological advances sufficient for IMS to provide timely support and implementation of new initiatives? b.With the competitiveness of the job market, especially now following quarantine, the Council may wish to ask about market comparisons and whether IMS and HR have a plan to address attraction and retention of key technical staff. 2. Network Security: the City’s network security provides protection for everything from constituent data to major City infrastructure. The FY22 budget proposes $50,000 for a penetration testing consultant to audit the City’s network security. a.The Council could confirm with the City Attorney's office whether upon completion of this testing, an executive session on deployment of security could allow the Council to learn about the city's current status and whether additional efforts could be made to protect public and city information. 3.IMS reports a positive experience participating in the grant-funded Apprenticeship program. While measurable benefits include additional staff to support the Department’s workload, immeasurable benefits include the fresh energy and diverse perspectives apprentice participation brings. a.The Council may wish to discuss funding options to continue the initiative. 4.FY21 saw many changes in the City’s technological relationship with the public, from virtual meeting software to heighted awareness of the digital divide leading to adoption of a Digital Equity Policy and funding for public-facing wireless access points. a.The Council may ask for more information about how the IMS role is evolving (or has evolved), and whether there are anticipated changes to the deployment of resources and/or budget. b. Staff understands a donation program is in development; the Council may wish to ask for an update on this or any resources anticipated. c.The Council may wish to ask for an update on the public wireless access funded in FY21, and whether there are plans for expansion or other ways to improve internet accessibility. d. The Council may wish to ask for any other updates on the role Salt Lake City plays in addressing the digital divide. Page | 4 ADDITIONAL & BACKGROUND INFORMATION IMS’s internal performance metrics year over year: Measure 2018 Actual 2019 Actual 2020 Actual 2021 Target 2022 Target Citywide I.T. assets inventoried on an annual basis. 9%21%33%75%100% Case Closed by staff within standard response thresholds based on priority, severity, and system. 89%95%89%99%99% Objective and Key Results (OKR) and Continuous Feedback and Recognition (CFR) Program implemented in the department. 0%0%33%65%100% Projects that followed agile project management methodology. 20%35%65%80%100% MAJOR INITIATIVES Enterprise Resource Planning (ERP) Initiative FY22 Budget: $3,750,000 $2,000,000 implementation ( third party) $1,000,000 annual software subscription/service contract year 1 $750,000 training and supporting software The budgets presented here are estimates, since final contracting is still underway. This does not include the FTEs in the Innovations Division or other departments currently focused on ERP implementation. One new FTE is requested in the FY22 budget to support the ERP implementation: ERP Conversion manager, $164,756 ERP software is a central system that tracks and manages processes including: •Project management •Risk management & compliance •Supply chain operations •Human Resources o Performance management o Recruitment & onboarding o Learning management •Financial systems •Document management and archival By providing a holistic view of the City’s internal processes, an ERP is intended to help decision- makers rely on clear, accurate data to identify opportunities to create streamlined, efficient processes. Although there is not a measurable cost savings from ERP implementation, the system is anticipated Page | 5 to bring improved transparency in City processes for leadership, staff, and the public. Additional benefits include streamlined collaboration as well as prevention of costly failures. A working group involving representatives from the Council Office, Mayor’s Office, and multiple departments have been meeting to audit existing City systems and identify opportunities for refinement. A formal procurement process is underway and implementation is anticipated early this year. The first departments expected to realize the benefits from the software will be Finance and Human Resources. Unified Communications (UC) System FY22 Budget: $295,250 Funding and implementation of the Unified Communications System began in FY20. This project is partially creditable for Salt Lake City’s rapid transition to telework in 2020. This system includes the Webex platform used for Council Meetings, as well as other teleconferencing and teleworking tools the City is implementing. COVID-19 slowed the original Unified Communications implementation plans, but Plaza 349 has been fully updated and the remaining City offices will be completed with the funding this fiscal year. Constituent Relationship Management (CRM) Software FY22 Budget: $377,547 Funding for the CRM first began in FY18. Since then, the system has been internally implemented, with ongoing use from the Council’s Liaisons, Mayor’s Office, Community and Neighborhoods, and coordination with nearly every City department to implement requests for services and requests for information. The CRM began with case management and tracking, but has also expanded to incorporate updated web forms for the public and staff to use to send comments and concerns to the City. Improvements anticipated in this fiscal year include an online self-serve knowledge base, a streamlined mobile app, and progress coordinating the case management and tracking component between departments. Goals of the CRM: •Help staff keep track of public requests for service or information, and contact information •Automate work assignments •Track responses or flag needed follow-ups on a topic •Save staff and constituents time by providing a knowledge base to answer common questions •Provide data elected officials can use in making service level decisions Additional services the City is implementing on the platform the CRM is built on include social media management, a Citywide central email newsletter platform, and engagement analytics, and constituent-facing interfaces for multiple departments like Building Services and Finance. Public Safety Building (PSB) Server and Infrastructure Upgrade FY22 Budget: $350,000 (Non-Departmental) Page | 6 The IMS department is leading this initiative. The Public Safety Building is one of the newest and most structurally sound of the City’s assets. As such, it houses a significant portion of the City’s technology infrastructure. Funding from the bond for this building has been re-scoped to address part of the need for infrastructure and servers within that building. The existing equipment is approaching the end of its useful life. FY21 included funding for this project, but staff understands the remaining need for full replacement of public safety infrastructure is significant. Personnel changes Total Change: $206,788 increase in salary changes from year to year. $125,000 from this increase from the previous fiscal year is the removal of vacancy savings captured last year. Base to Base Changes -$ 33,303 Restoration of Vacancy Savings $125,000 3.5% Insurance Increase $ 30,724 1% Salary Proposal $ 84,367 Acronyms Community and Neighborhoods - CAN Fiscal Year (encompasses July 1- June 30) – FY Full Time Employee - FTE Geographic Information Systems - GIS Information Media Services – IMS Information Management Services 2022 Budget Presentation Presented by Aaron Bentley, CIO Joseph Anthony, Finance Manager Department Mission Statement Our mission is to be a trustworthy and valued business partner that delivers the right information to the right person at the right time. Division Composition •Administration/Office of CIO •Data Analytics and Geographic Information Systems •Infrastructure Technology and Security •Media and Engagement Services •Software Services •Innovations About Us Information Management Services 2 2021 Fiscal Year Highlights Growth within the IMS Department Innovations Division •To develop better ways that the city may improve equity among throughout the city. •Enterprise Resource Planning (ERP) Software Project 3 2021 Fiscal Year Highlights Growth within the IMS Department Media and Engagement Services Division 4 Data Analytics and Geographic Information Systems Division 2022 Fiscal Budget Information Management Services Total budget requested $24,302,487 Total Full Time Employees requested 84.0 5 2022 Operation Budget Changes Relative to the budget approved in the 2021 fiscal year. Contractual Increases $1,129,391 •The increase for contractual changes reflects the increase from the vendors for our continuing maintenance and support. 6 Technical & Inflationary Increases $234,449 •Items that have a contract with an annual increase associated with their costs •New software. •The City is required to perform a bi-annual penetration test of the network. 2022 Operation Budget Changes Relative to the budget approved in the 2021 fiscal year. ERP System Implementation $2,000,000 •Implementation cost for the 2022 fiscal year only. •Does not include the cost of the annual maintenance. Website Enhancements $125,000 •Improve website stability and improve virtual meetings. •Not a refresh of the website 7 Server Infrastructure $180,000 •Multiple servers are past their useful lives •Offer improved security and enhanced features 2022 Full Time Employee Budget Changes Relative to the budget approved in the 2021 fiscal year. New FTE Requested 6 Additional FTE •IMS Total FTE will increase from 78 to 84. New positions include: •ERP Conversion Manager •Network Engineer -Cyber Security •Network Engineer -Unified Communications •Software Services -Data Engineer •Network Engineer -Enterprise Backup and Wireless •Civic Engagement Specialist Base to Base $206,788 •Increased cost of the current employees in IMS. 8 Thank You 9 iCIMS (Onboarding) Checksuite (Check writer) HUMAN RESOURCES TREASURY Airport Budgeting Program (Expense budgeting) Airventory (Inventory system)Revenue ManagementAIRPORT FINANCE Active Directory (Login & user management) Servicenow (Data capture) Salesforce (CRM) Cartegraph (Asset management) Accela (Permitting)CROSS DEPT. PAYROLL Kronos WFC (Timekeeping) Payroll Administration (*25+ programs) PEHPTelestaff (Manage users & scheduling) FINANCE Cornerstone (Learning Management System) Bank Access (Reconciliation & file processing) Cashiering System (Payments to the City) EDS (Travel spending) Laserfiche (Document management) EXISTING ERP TECHNOLOGY The programs and systems in this graphic are all actively part of Salt Lake City's Finance and Human Resources technology ecosystem. All are connected in some way to One Solution, and many were created in-house to address One Solution's limitations. App developed in-house Could be replaced with new ERP Does not directly interface with One Solution KEY 200 Edits (SQL statements) URSCorestream PUBS (Utility billing) PUBLIC UTILITIES CAMP (Revenue budgeting) Investment Management (Asset management) POPS (Personnel Budgeting) TM1/Limelight (Revenue budgeting) Cognos (Reporting system) *PAYROLL ADMINISTRATION 25+ programs include: Adjusted Payrolls (7 functions), Core Stream (2 functions), Delete Pay Stubs from Employee Online, File Processing (5 functions), Liberty Mutual (2 functions), Met Live (2 functions), Longevity, New Hires, Pay Mailer (2 functions), Terminations (2 functions), and Verification of Employment. Wire Transfer (Robotic Process Automation) ONE SOLUTION/ FINANCE ENTERPRISE This graphic depicts how a new ERP could simplify the City’s current technology ecosystem by filling gaps and addressing limitations of One Solution. The filled circles surrounding the new ERP indicate complete absorption of all existing ERP technology into the new system. The new ERP will completely replace all existing human resources, payroll, finance, treasury, and airport finance systems. The incomplete circles represent the partial replacement of existing ERP-related technology. C R O S S -D E P T.P U B L I C U T I L I T I E S FUTURE ERP TECHNOLOGY App developed in-house Does not directly interface with ERP KEY P A Y R O L L F I N A N C E T R E A S U R YAIRPORT F I N A N C E Active Directory (Login & user management) Servicenow (Data capture) Salesforce (CRM) Cartegraph (Asset management) Accela (Permitting) PUBS (Utility billing) Secondary Interfaces: Telestaff (Manage users & scheduling) Laserfiche (Document management) Interfaces that will likely not be replaced by new ERP: PEHP URSCorestream CROSS DEPT. PUBLIC UTILITIES H UMAN RE SOURC E S FUTURE ERP ENTERPRISE RESOURCE PLANNING (ERP) PROJECT OVERVIEW Salt Lake City is implementing a new Citywide Enterprise Resource Planning (ERP) solution. This solution will address: •Many current pain points within human resource and financial systems, policies, and procedures. The pain points are attributed to a variety of sources, and there is an urgent need to objectively examine the City’s entire resource management ecosystem •The City’s need to modernize its technologies to enhance services to residents, City departments, and employees. A cross-departmental committee will focus on technology, organizational structure, policies, and procedures. The group will convene regularly and provide consistent updates to City leadership for review and consideration. ERP systems tie multitudes of business processes together and enable the flow of data between them. By collecting and managing an organization’s shared data, ERP systems eliminate data duplication and provide data integrity in a single system. A software that organizations use to manage day-to-day business activities such as accounting, procurement, project management, risk management and compliance, supply chain operations, and human resource information systems. A complete ERP suite also includes enterprise software that helps plan, budget, predict, and report on an organization’s financial results. WHAT IS AN ERP? E n t e rprise Resourc e P l a n n i n g (ERP) •Outdated and unintegrated technology associated with human resources and financial management systems. •Long-standing policies and procedures that impact and inform the current state of the City's complex and disjointed resource management ecosystem. •Organizational structure that contributes to the lack of integration among resource management functions and staff Citywide. •Lack of financial transparency. •Disjointed human resource services. •Distrust of staff when new solutions and centralized programs are implemented in the current technology ecosystem. •Need to evolve daily operations to fit industry best practices. •Modern systems follow predefined processes in many cases and the City will need to adjust our practices to meet the system and industry standards. MANAGEMENT The cross-department committee includes representatives from Human Resources, Finance, Mayor and City Council Offices, IMS, and capital management, policy, and communications specialists from Public Services and Community and Neighborhoods (CAN). Executive Sponsors Leadership Committee PURPOSE The purpose of the ERP is to address several current internal issues: Continued on next page > Participants: Lisa Shaffer, Mary Beth Thompson, Debra Alexander, Jen Bruno Lead: Nole Walkingshaw Participants: Aaron Bentley, Elizabeth Buehler, Scott Black, Sandy Casement, Alyssa Johnson, Keith Klemas, Richard Rutledge, Council rep. Lead: Nole Walkingshaw Business Process Realignment Task Force Participants: Nole Walkingshaw, Keith Klemas, Richard Rutledge, James Phelps Lead: Alyssa Johnson Technology Task Force Participants: Aaron Bentley, James Phelps, Keith Klemas, Richard Rutledge Lead: Scott Black Organizational Change Management Task Force Participants: Sandy Casement Lead: Elizabeth Buehler VISION Salt Lake City’s ERP implementation project will: Build an effective and innovative project team Produce measurable, actionable results Create efficient processes Develop clarity and accountability Engage with stakeholders PHASES The new ERP will be implemented in phases to ensure its viability and success. The size of each circle indicates effort (time and resources). DISCOVERY ITERATIVE WINS RFP PROCESS IMPLEMENTATION Investigate blocks within functional areas; consider pros & cons of existing systems & processes. Research best practices and identify technological needs. CHANGE MANAGEMENT & ONGOING SUPPORT RFP process may run parallel with the Discovery & Iterative Wins work Outcome of discovery process Objectives exercise Development of key results for identified objectives Vendor selection Project management strategy development Implementation Training of staff, evaluation of new business processes INTERNAL ENGAGEMENT Communication throughout this project will focus on listening to our internal users’ experiences with current systems, rather than solely directing the implementation of an ERP. We will engage staff in discussions about the organization’s current structure, policy, technology issues, and proposed solutions. Such discussions can help bring staff to equal levels of understanding about the situation and provide space for colleagues to arrive at their own conclusions about the need for change. Implementation of a new ERP will be a multi-year, phased project. If you have any questions or comments about this project, contact: NAME: Nole Walkingshaw EMAIL: Nole.Walkingshaw@slcgov.com PHONE: (801) 535-7128 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL BUDGET STAFF REPORT CITY COUNCIL of SALT LAKE CITY www.slccouncil.com/city-budget TO:City Council Members FROM: Jennifer Bruno, Ben Luedtke, Lehua Weaver Allison Rowland, Sam Owen, Sylvia Richards and Libby Stockstill DATE:June 3, 2021 RE:UNRESOLVED BUDGET ISSUES – Follow-up of Council Questions The Council reviewed this information on Tuesday, June 1st, received additional information from the Administration an indicated initial items of interest. The Thursday, June 3 discussion will give the Council the opportunity to begin to determine which of the funding requests have the support of a majority of the Council. Ideally the Council will take a straw poll on each item. Staff will record the Council’s preferences and update a ‘balancing spreadsheet’ in real time so that the Council and public can see the impacts of the tentative decisions. There may be additional information based on ongoing compensation discussions. ISSUE AT-A-GLANCE Staff has kept a list of items that one or more Council Members have raised as potential changes to the Mayor’s Recommended budget. It should be noted that this is a staff-generated draft, reflecting Council questions and discussions as of the date of its printing. It may be updated prior to the work session discussion, and Council Members may have changes or corrections to individual items. If a budget impact is apparent, that amount has been listed, or noted as “to be determined.” Depending on Council feedback, adjustments can be made to the overall key changes document, so that the Council can track the net effect of these decisions on the overall budget. Changes to the budget may cause it to be out of balance (increase or decrease expenses and revenues). As these changes occur, the Council would need to identify offsetting revenue enhancements or expense reductions to bring the budget back in balance. Staff can research and provide other revenue generation or expense cutting options if the Council is interested. (Note: this list is not comprehensive – please let staff know if there are other items to add) General Follow-up Items/Themes Project Timeline: Briefing: June 1 and June 3, 2021 Budget Hearing: May 18 and June 1, 2021 Potential Action: TBD 2 1.ARPA funding guidance - After receiving guidance from the US Treasury, the Administration has advised that the funds are much more restrictive than what is proposed in the Mayor’s recommended budget. In general all funds have to be specifically tied to recovering from the effects of the pandemic. The Administration provided information about which of the proposed uses are eligible, which are eligible with adjustments, and which are not eligible. Each of these is noted in the attached spreadsheet. a. In the absence of clear alternative uses for ARPA dollars, the Council could place the remaining unspent dollars in a holding account for future allocation once eligible uses are identified. The Council may also ask the Administration to review all CIP projects for ARPA eligibility. b. The Council may wish to hold a policy discussion with the Administration about policy goals for potential future federal funding (ARPA dollars or potential future infrastructure dollars), and if there are specific areas of the City budget the Council would like to target. c. Staff is checking with the Attorney’s office and Administration about using ARPA dollars for issues the Council has identified as a priority. d.Position by position review: i.The Council may wish to review the positions that are not eligible and decide whether to include them in the general fund (if revenues permit). ii.The Council may wish to review the positions/programs that are eligible if changes to the scope of the positions/programs are made, and decide whether those changes are consistent with Council goals and are practical to implement. iii.The Council may wish to review the positions that are eligible and identify support. iv. For the positions that the Council supports, the Council may wish to specify whether their expectation is that those be recorded in the City’s financial system as temporary grant positions, or as regular employees. 2.Public Safety service delivery – the Council has supported a variety of ideas that go along with diversifying public safety response and enhancing accountability and transparency in policing. It should be noted that all of these ideas are subject to identifying available resources. The detailed ideas are listed in the attached spreadsheet, but in general this includes: •Support for more social workers •Support for a civilian community service office (holding account with details TBD) •Support for increasing mental health resources for first responders, including dispatch •Support for equipment and/or staff to enhance transparency with body cameras. 3.Investment in Capital Improvements for constituents – The Council has expressed an interest in increasing funding for the CIP fund so that additional constituent projects that are not currently recommended for funding, can be addressed. Council Members have indicated that their interest is particularly due to the City not accepting constituent projects in FY 21. This idea is subject to identifying available resources. 3 a.Council Members have asked about increasing the CIP fund to the traditional 7% level. If the Council wanted to increase the funding for CIP to 7% level, it would need to identify $2,775,049 in revenue. (Depending on eventual usage in CIP, sources could include General Fund, Funding our Future, County transportation funds, Transportation holding account) b.An alternative idea is to allocate specific amounts sufficient to fund specific projects. 4.Compensation – some Council Members have expressed an interest in increasing compensation for employees beyond the Administration's proposed 1% increase. This idea is subject to identifying available resources. a. If the Council wanted to increase compensation for employees by 1% across the board, it would require identifying $1.7 million in the general fund ($1.1million for represented units) and $1.1 million in other funds. b. This would not necessarily adjust the City’s general approach to compensate to “95% of market” – the Council could adjust that pending available resources. c. Staff can provide amounts for specific employee units of the City if the Council is interested. d.Council Members also discussed adjusting the City’s policy of compensating at 95% of market. 5.New Positions – some Council Members expressed an interest in considering proposed new positions in more detail. Each new position is listed in the attached spreadsheet under the proposed department. Note: While most positions are funded for less than a full year to reflect the time it takes to actually hire an employee, there are a few that are proposed for a full year of funding. The Council could consider adjusting those budget amounts to reflect the realities of the hiring process. Alternately, the Council could authorize advertising for new positions to begin before the fiscal year begins. 6.Department Reorganizations – some Council Members expressed an interest in taking more time to consider department reorganizations. To the extent that any new FTEs are proposed either as a part of reorganizations or in general, those are in the attached spreadsheet. 7.Funding source options - Staff has identified the following potential funding sources for Council discussion/consideration, potentially to address some of the above ideas (these are included on the attached spreadsheet): a.Potential additional revenue (pending information from Tax Commission and follow up from the Administration) i.Actual New Growth ii.Actual Judgement levy iii.Revenue loss replacement from ARPA - (potentially more than $10m is eligible) b. Funds included in the MRB that are not needed i. Election expenses - $187k ii. Interest expense (not doing a tax anticipation note this year) - $350k 4 iii. Body cam one-time dollars - $93k c. Fund balances available i. Funding our future fund balance available - $200k from FY 20, $1.9m fry FY 21 (above 14%) - note: this is one-time $ ii. General fund balance available if BA #9 ARPA dollars are adopted - $1.2m - note: this is one-time $ iii. North Temple Viaduct CRA debt service overage – TBD - note: this is one-time $ d. Holding accounts available i. Transportation holding account - $1.8m - note: this is one-time $ ii. Holding account for underserved communities (CIP?) - $669,138 - note: this is one-time $ Potential conditional appropriations 1. Diversification of public safety response – Set aside $_______ from _______ in a holding account for later appropriation, pending discussion with the Administration about the feasibility of establishing community enforcement and support approaches that enhance community safety and reduce the dependence on sworn police officers for duties that fall outside of their scope. 2. Conditional appropriation about future dollars spent on foothill trails – condition any current or future budget for trails that no dollars are spent until the public review period is over and the Council has been briefed/approves of future plans 3.Continued Contingency for All Funding Our Future -- Sales Tax Funds (this has been adopted each year since the City implemented the sales tax). The Council approves Funding Our Future sales tax revenue appropriations with the following conditions: a. Expenditure of Funding Our Future Sales Tax Funds. Funding our Future funds may not be expended unless the department or division expending the funds complies with: i. Utah Fiscal Procedures Act ii. The City’s Procurement Code and Rules iii. Written verification from the City Attorney and City Finance Director that proper legal and financial procedures have been followed. b. Other Funding Our Future Budget Contingencies: i. The Administration providing a written semiannual spending, implementation and outcomes report on each of the four critical need areas. ii. Tracking funding for Fleet provided through the Funding our Future tax separately to ensure it is spent only on public safety (police, fire, dispatch). iii. The Administration spending funds in the four critical need areas as adopted in the attached key changes spreadsheet. iv. The Administration bringing back to the Council any proposed adjustments to the adopted budget in a budget amendment for re-appropriation before changes are made. v. The Administration maintaining and regularly updating a publicly available dashboard reflecting revenues received and actual uses. vi. In FY21 and all future funding requests, providing a label denoting which line items are funded with this Funding Our Future sales tax funds. vii. For all positions added, the Administration shall submit an annual written review along with the Mayor’s Recommended Budget to ensure that each position continues to serve the critical need areas and, if a Council work session briefing is scheduled, provide a presentation of the report. 5 Potential legislative intents 1.Update Boarded Building Fee. 2. Golf Fund Update. To include: a.Golf Fund Financial Sustainability. b.Long-term CIP Plans. c. Golf Food and Beverage Options 3. Ongoing Expenses for Maintenance at City-Owned Parcels 4.Energy Efficiency as a Condition of RDA Project Loans and Investments. 5.RDA Structure of Accounts, including Fund Balances and Previous Capital Projects. 6. Trips to transit – evaluating for expansion in future areas. The Administration has provided some additional information: Measuring success: The Transit Master Plan identifies accessibility and cost effectiveness as the two key goals for this program. The specific metrics to determine if we are meeting those goals could be total ridership, as well as cost per rider. Here are the metrics being used by UTA for their Southwest Salt Lake County Service: Timeline: We anticipate that this service will launch between August and the end of 2021. After one year, we will be able to do some initial evaluations, but it may take 2-3 years to fully understand the impact and benefits of the service. 6/2/2021 **DRAFT** 2:25 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 A B C D E F G H I J K Net 3,313,723$ 2,129,483$ 1,583,500$ -$ Amount Revenue Expenses Revenue Expenses Revenue Expenses Revenue Expenses Revenue Items Actual New Growth Revenue TBD Judgement Levy (if the actual amount is greater than the proposed budget)TBD Confirm property tax stabilization 1,000,000$ Capture funds not expended/encumbered from FY 2020 Funding our Future 200,000$ 200,000$ Funding our future fund balance dollars over 14%1,929,483$ 1,929,483$ Capture funds swapped in BA #9 for ARPA dollars (would increase usage of fund balance from $4.9 million to $6.1 milion)1,193,000$ 1,193,000$ Revenue replacement for ARPA (potential to increase from MRB)1,432,646$ 1,432,646$ Use overage funds from North Temple Viaduct CDA account for debt service - Transfer to RDA for N. Temple Strategic Intervention 1,000,000$ Carry forward CIP dollars set aside for underserved communities - Transfer to RDA for N. Temple Strategic Intervention 669,138$ CIP recapture 155,000$ $155,000 Completed Class C funds 208,000$ $208,000 Old CDBG projects 73,000$ Expense Items Total ARPA Expenses proposed in MRB 4,198,794$ Attorney's Office NEW - City Prosecutors (10 months) - $89,350 each, 10 months $ 268,050 Community and Neighborhoods NEW - CAN Deputy (10 months)158,750$ NEW - HAND office facilitator (revenue offset) ARPA Funded: Eligible - Special projects assistant focused on Community Commitment Program (CCP)93,829$ Not eligible - Associate Planners (Funding for 3 - $78,333 each)235,000$ (235,000)$ Not eligible - Transportation Right of Way Utilization Mgr 160,000$ (160,000)$ Eligible - Youth and Family Community Program Mgr 90,633$ Eligible - Youth and Family Programming continuation 711,350$ Response to Council question re: enhancing ability to do long term planning (not in MRB) Planning Manager 136,149$ 3 Senior Planners 330,297$ 3 Principal Planners 316,638$ 1 Administrative Support Position 74,399$ operational budget 30,000$ Economic Development ARPA Funded: Not Eligible - 3 FTE - Arts Council Staffing $ 350,000 (350,000)$ Not Eligible - 1 FTE -Business & Cultural Districts $ 150,000 (150,000)$ Eligible - Economic Dev Strategic Plan (if focused on covid recovery programs - more info needed) $ 50,000 Eligble - Economic Development Staff (if focused on recovery efforts - more info needed) $ 290,000 Not Eligible - Tech Lake City $ 45,000 (45,000)$ Not Eligible - Construction Mitigation (need more info if focused on small business recovery loans) $ 200,000 (200,000)$ Finance NEW - 1 FTE - Deputy Director (10 months) $ 143,603 NEW - 1 FTE - Business Analyst (full year) $ 89,500 ARPA Funded: Eligible - 1 FTE Grant Administrator $ 101,020 Eligible - 1 FTE Grant Manager $ 95,000 Not Eligible - Amex Cart Merchant Fees $ 40,000 40,000$ (40,000)$ Not Eligible - Business Analyst $ 89,500 (89,500)$ Fire Emergency Management "Phase 2" Positions NEW - 1 Fire Captain $ 136,865 NEW - 1 Accountant $ 63,517 ARPA Funded: Eligible -4 FTE - MRT Expansion (6 months) $ 136,762 Eligible - MRT Expansion Equipment (one-time) $ 46,700 Human Resources NEW - HR Analyst to support ERP $ 111,075 NEW - HR Supervisor (10 Months) $ 136,865 NEW - 2 FTEs - HR Tech (10 Months) - $54,475 each/10 months $ 108,950 Police NEW - staff to track legislated issues (10 months)60,833$ NEW - internal mental health resource (10 months) $ 100,000 NEW - 6 social workers (see non-dept for funding) - 3 @ 10 months, 3 @ 6 months Additional social workers (SEE NON-DEPT) Alternative response models (SEE NON-DEPT) Body Camera technology (SEE NON-DEPT) Public Services Public Lands Department TBD NEW - 1 FTE Deputy Director (10 months)134,316$ NEW - 1 FTE Community Partnership Coordinator (10 months)84,113$ NEW - 1 FTE Public Land Planner (10 months)95,327$ NEW - 1 FTE Finance Manager II (10 months)117,877$ NEW - 1 FTE Groundskeeper (10 months)convert from seasonal NEW - 1 FTE Recreational Trail Manager (10 months)64,734$ NEW - 1 FTE Recreational Signage Coordinator (10 months)51,847$ NEW - 1 FTE Trails and Natural Lands Technician (10 months)41,419$ Maintenance of new amenities 338,413$ Recapture 2 months of funding from any FTEs added TBD ARPA Funded: Not Eligible - Forest Preservation and Growth - 1 FTE and ongoing equipment 219,000$ (219,000)$ Not Eligible - Forest Preservation and growth one-time 95,000$ (95,000)$ Recature Fireworks funding due to drought conditions 25,000$ (25,000)$ Additional help with special events permitting Public Services Department NEW - Engineer (9 Months)92,255$ NEW - 2 FTES - Landscape Architect (9 months)169,833$ NEW - 1 FTE Architect (9 months)88,477$ NEW - Engineering Informaton and Records Specialist (9 months)42,375$ NEW - 1 FTE Streets Response Team (FOF)53,300$ 911 Communications (rename?) NEW - 8 FTE Dispatchers (6 months) to implement 32 hr workweek pilot (FOF)153,450$ Council idea - add internal mental health FTE (10 months) $ 100,000 Non Departmental recapture funds based on actual election expenses 183,327$ (183,327)$ recapture interest expense 350,000$ (350,000)$ Additional CIP dollars - funding sources are general fund, FOF, County Transportation fund, Class B&C to 7% level 2,775,049$ for specific community applications TBD to CIP from Funding our Future - would have to be for FOF eligible projects Increase employee compensation ($1,750,889 for each 1% city- wide, general fund only) recapture $1.8 million from transportation holding account to fund street improvements on 600 North 1,879,654$ 1,879,654$ 1,879,654$ ULCT - additional funding for ARPA assistance (one-time -TBD)20,000$ 20,000$ Legislative non-departmental - Citywide lobbyist 60,000$ 60,000$ Correct Arts Council Allocation 37,500$ 37,500$ Adjustments related to police reform and/or alternative response models Additional social workers (cost per month per social worker FTE - Staff is confirming amount)9,375$ 3 more social workers for 6 months 168,750$ 168,750$ Civilian response model (TBD) - potential holding account for further discussion with the Administration remove funding for body camera equipment from FY 21 (only needed one-time)93,000$ (93,000)$ fund additional axon body camera services 349,692$ potential FTE or contract position to review body camera footage and/or use of force incidents, support to PCRB - maybe in HR other FTEs as recommended that could be implemented from Matrix audit ARPA Funded: Eligible - Apprenticeship Program (if focused on re- employment)1,000,000$ Holding account for ARPA dollars pending further evaluatation for eligibility in BA #1 balancing? whatever is unspent ARPA Other funds Unresolved Issues Tracking General Fund Funding our Future ARPA Funding CIP Funding (pending need to track separately) SALT LAKE CITY CORPORATION SWORN STATEMENT SUPPORTING CLOSURE OF MEETING I, ____________ , acted as the presiding member of the _______________________________in which met on _________ Appropriate notice was given of the Council's meeting as required by §52-4-202. A quorum of the Council was present at the meeting and voted by at least a two-thirds vote, as detailed in the minutes of the open meeting, to close a portion of the meeting to discuss the following: §52-4-205(l)(a) discussion of the character, professional competence, or physical or mental health of an individual; §52 -4-205(1 )(b) strategy sessions to discuss collective bargaining; §52-4-205(l )(c) strategy sessions to discuss pending or reasonably imminent litigation; §52-4-205( l )(d) strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, if public discussion of the transaction would: (i) disclose the appraisal or estimated value of the property under consideration; or (ii) prevent the public body from completing the transaction on the best possible terms; §52-4-205(l )(e) strategy sessions to discuss the sale of real property, including any form of a water right or water shares if: (i) public discussion of the transaction would: ((A) disclose the appraisal or estimated value of the property under consideration; or (B) prevent the public body from completing the transaction on the best possible terms; (ii) if the public body previously gave public notice that the property would be offered for sale; and (iii) the terms of the sale are publicly disclosed before the public body approves the sale; §52-4-205(1)(f) discussion regarding deployment of security personnel, devices, or systems; and §52-4-205(1)(g) investigative proceedings regarding allegations of criminal misconduct. A Closed Meeting may also be held for Attorney-Client matters that are privileged pursuant to Utah Code §78B-1-137, and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act. Other, described as follows: ____________________________________________________________ The content of the closed portion of the Council meeting was restricted to a discussion of the matter(s) for which the meeting was closed. With regard to the closed meeting, the following was publicly announced and recorded, and entered on the minutes of the open meeting at which the closed meeting was approved: (a)the reason or reasons for holding the closed meeting; (b)the location where the closed meeting will be held; and (c)the vote of each member of the public body either for or against the motion to hold the closed meeting. The recording and any minutes of the closed meeting will include: (a)the date, time, and place of the meeting; (b)the names of members Present and Absent; and (c)the names of all others present except where such disclosure would infringe on the confidentiality necessary to fulfill the original purpose of closing the meeting. Pursuant to §52-4-206(6),a sworn statement is required to close a meeting under §52-4-205(1)(a) or (f), but a record by tape recording or detailed minutes is not required; and Pursuant to §52-4-206(1), a record by tape recording and/or detailed written minutes is required for a meeting closed under §52-4-205(1)(b),(c),(d),(e),and (g): A record was not made. A record was made by: : Tape recording Detailed written minutes I hereby swear or affin11 under penalty of perjury that the above information is true and correct to the best of my knowledge. Presiding Member Date of Signature City CouncilAmy Fowler 06/03/2021 4 4 44 advice of counsel Amy Fowler (Nov 16, 2021 21:23 MST)Nov 16, 2021 Closed Session - Sworn Statement - June 3, 2021 Final Audit Report 2021-11-17 Created:2021-11-11 By:Cindy Trishman (cindy.trishman@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAo_-PYR3ga-pxymixvR4J6ymeB-eYUhhn "Closed Session - Sworn Statement - June 3, 2021" History Document created by Cindy Trishman (cindy.trishman@slcgov.com) 2021-11-11 - 10:00:11 PM GMT Document emailed to Amy Fowler (amy.fowler@slcgov.com) for signature 2021-11-11 - 10:00:54 PM GMT Email viewed by Amy Fowler (amy.fowler@slcgov.com) 2021-11-12 - 3:15:27 PM GMT Email viewed by Amy Fowler (amy.fowler@slcgov.com) 2021-11-17 - 4:22:59 AM GMT Document e-signed by Amy Fowler (amy.fowler@slcgov.com) Signature Date: 2021-11-17 - 4:23:08 AM GMT - Time Source: server Agreement completed. 2021-11-17 - 4:23:08 AM GMT