026 of 2015 - Interlocal Cooperation Agreement - SLCity and SLCounty for Management of the Prosecutor's Office R 15-1
C 15-634
B 15-10
Resolution No. 26 of 2015
Authorizing the Approval of an Interlocal Cooperation Agreement
Between Salt Lake City Corporation and Salt Lake County for
Management of the Salt Lake City Prosecutor's Office
WHEREAS, Title 11, Chapter 13, Utah Code allows public entities to enter into
cooperative agreements to provide joint undertakings and services; and
WHEREAS, the Salt Lake County District Attorney's Office ("DA") is responsible for a
wide variety of legal work, including prosecution of all felony and misdemeanor criminal matters
in Salt Lake County, as well as handling civil governmental legal work and government
litigation. The staff of deputy district attorneys, paralegals, investigators, legal secretaries, and
other support staff comprise one of the largest criminal prosecutorial agencies in the State of
Utah; and
WHEREAS, the Salt Lake City Prosecutor's Office ("Prosecutor's Office") is responsible
for a variety of misdemeanor cases including Class A, Class B, Class C and infractions within
the municipal boundaries of Salt Lake City. The staff of City prosecutors, paralegals, and other
support staff handle more cases in Justice Court than any other municipality or county in the
State of Utah;
WHEREAS, both the DA and Prosecutor's Office are committed to the effective
administration of justice for the cases they handle and recognize that as the State of Utah's
criminal justice system evolves over time, new ways to cooperate and manage the cases
prosecuted by both offices should be considered;
WHEREAS, on October 1, 2015, the criminal justice reforms passed in House Bill 348
during the 2015 Legislative Session will go into effect. These changes may significantly
increase the caseload of the Prosecutor's Office;
WHEREAS, based on these statutory changes, the DA and the City recognize an
opportunity to coordinate management of misdemeanor cases for increased efficiencies and more
effective criminal justice; and
WHEREAS, this opportunity has led the Parties to consider the benefits that could be
realized by the DA's management of the duties of the Prosecutor's Office. Management by the
DA could result in improved and more efficient administration of justice, cost savings, and
synergies for both Parties. This would primarily occur by vertically integrating criminal
prosecution in Salt Lake County to directly benefit the residents of Salt Lake City and Salt Lake
County; and
WHEREAS, benefits could also be realized for employees of the Prosecutor's Office by
enabling them to more closely work with the DA's attorneys and staff, many of whom have
advanced experience in prosecuting criminal cases; and
WHEREAS, City and County agree that the DA's management of the duties of the
Prosecutor's Office could enhance the quality and level of service Salt Lake City receives in
prosecution services and that County recognizes the importance of quality prosecution services
to protect and advance Salt Lake City's and Salt Lake County's quality of life; and
WHEREAS, City and County agree to implement a pilot program to evaluate the
effectiveness of future increased collaboration between the DA and the Prosecutor's Office. If
the pilot program proves to be effective, the Parties may explore a more permanent combination
of the two offices; and
WHEREAS, the attached agreement has been prepared to accomplish such purposes.
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THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as
follows:
1. It does hereby approve the execution and delivery of the following interlocal
agreement:
An Agreement Implementing a Pilot Program Whereby the DA Assumes the
Management of the Prosecutor's Office.
2. Ralph E. Becker, Mayor of Salt Lake City, Utah, or his designee, is hereby
authorized to approve, execute, and deliver said agreement on behalf of Salt Lake City
Corporation, subject to such minor changes which do not materially affect the rights and
obligations of the City thereunder and as shall be approved by the Mayor, his execution thereof
to constitute conclusive evidence of such approval.
Passed by the City Council of Salt Lake City, Utah,this 25—day of gins+ , 2015.
SALT LAKE CITY COUNCIL
By:
CHAI RS
ATTES ND COUNTERSIGN:
RECORDER �L ej�
Salt Lake City Attorneys Office
- Approved As To Form
BRAT E 5� argaret Plane
HB_ATTY-#46955-v I-Resolution_SLC_SLCo_Prosecutor_Management
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