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HomeMy WebLinkAbout08- Between the City of Bozeman and Gallatin County Re: a New Full-Time Victim/Witness PositionMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BOZEMAN AND GALLATIN COUNTY RE: A NEW FULL-TIME VICTIM/WITNESS POSITION This Memorandum of Understanding is entered into this ~ ~ day of~3~; 2008, between the City of Bozeman, Montana, and Gallatin County, Montana. WHEREAS, §§46-24-104, 46-24-201, 46-24-202, and 46-24-203, MCA (2007) provide that law enforcement has a duty to notify crime victims of the status of the victim's case, including matters such as the availability of crime victim compensation, whether the offender has been arrested and released, the date and time for proceedings in the case, and the possibility of plea negotiations with the defendant; WHEREAS, the City of Bozeman and Gallatin County have for a number of years cooperated in the provision of these services for crime victims. Two of the ways in which City/County cooperation has enhanced victim's services is through the joint funding of a grant and through sharing expenses for the County victim/witness office; WHEREAS, the County's victim/witness office has not had additional staff since 1998, and the caseload of the office has increased considerably over the past ten years; WHEREAS, the City has need of a victim/witness advocate to assist in cases prosecuted in Bozeman Municipal Court. IT IS HEREBY AGREED AND UNDERSTOOD: 1. Anew full-time victim/witness position should be created in the County Attorney's office. This position will be hired at the level 1, band six, of the County's FY08 classified pay plan. 1 2. The new hire shall be paid approximately $32,907 per year, with the fringe benefits at approximately $11,616, for a total salary and benefits of $44,523 for the first year; 3. The new position will be advertised for an October 1, 2008 start date. The cost to the City and County will therefore be $33,392.25 for FY09. 4. The City of Bozeman and Gallatin County shall each pay 50% of the salary and benefits of the new hire. 5. Depending upon the personnel evaluations of the new hire, it is estimated the new hire may receive pay increases ranging from 2% to 4% per year for the foreseeable future. 6. The new hire shall be an employee of Gallatin County, and shall be subject to the personnel policies of Gallatin County and the county attorney. The new hire's immediate supervisor is the victim/witness coordinator, and the new hire's ultimate supervisor is the county attorney. 7. The new hire shall assist the Bozeman City Attorney's office by assisting with property crime victims for cases filed in Bozeman Municipal Court and in assisting in non property cases as may be needed subject to higher work priorities. 8. The following one-time capital or on-going operations costs will be needed in FY09 for the new hire: computer, $2,000.00; chair, $600.00; on-going Internet and telephone, $545.00, pro-rated at $408.75; one-time Justware license, $1,800.00; and on-going Maintenance for one Justware workstation, $575.00 per year, pro-rated at $431.25 for FY09; for a total of $5,240.00. The City of Bozeman and Gallatin County shall each pay 50% of the one-time capital and on-going operations costs for the new hire. 9. The City's and County's individual share for this new position for FY09 is therefore $16,646 + $2,620 = $19,266.00. 10. If possible the new victim/witness hire shall use an office in the victim/witness/ CASA offices on the third floor of the Law & Justice Center. If an office is not available in the victim/witness area the new victim/witness hire shall use an office in the county attorney's office on the second floor of the Judge Guenther Memorial Center. 2 ~- For City of Bozeman: 4 ~~"~'='~~ ~ n`~ Chris Kukulski City Manager Paul Luw City Attorney For Gallatin County: ~~`l~`~~.,,j Bill Murdock Commission Chair v11 ~~ Marty Lambert County Attorney CONTRACT ROUTING FORM CONTRACT NO: INSTRUCTIONS: All original contracts must first be signed and notarized by the contractor, then routed to the authorized Gallatin County representatives according to the Small Purchasing Policy (Resolution #2008- 085) and the Service Contract Procedure Guidelines. All contracts will be routed back to the originating department who MUST forward the original contract to the Clerk & Recorder for filing. NO EXCEPTIONS! (NOTE: If contractor requires an original document, two contracts must be routed.) 1. This section to be completed by. Department Head, Board Chairperson or Elected Official DATE: 9/ 17 / 2 0 0 8 FUND #: RESPONSIBLE DEPARTMENT: 8ttorney SIGNATURE: ~ ~- ' ~ ~ `I 6n~:-t1,~-,•t N,,•,z CONTRACT NAME: MOU between County & Citv of Bozeman CONTRACT AMOUNT: $ 19 , 2 6 6 AMOUNT IS WITHIN MY BUDGET: YES ~ NO _ CONTRACT AMOUNT IS WITHIN APPROVED PURCHASE AUTHORITY: YES ~ NO _ J,1 MINIMUM SOLICITATION REQUIREMENTS HAVE BEEN DOCUMENTED: YES _ NO NJ,~ *IF "NO" ANSWERED TO ANY QUESTION ABOVE, EXPLAIN REASONS and SEND TO COUNTY ADMINISTRATOR FOR REVIEW. START DATE: 10 / 1 / 2 0 0 8 EXPIRATION DATE: N!~ / / *"DESCRIPTION OF CONTRACT /GOODS OR SERVICES /SCOPE OF WORK: MOU for the creation of one n w be funded b both the Count an **IF THIS IS A MODIFICATION, WORK RDER OR AMENDMENT OF EXISTING CONTRACT PROVIDE ORIGINAL CONTRACT #: DATE SIGNED BY CONTRACTOR: ~/ ~ / C ti~ 2. Finance Director complete, if amount is $1,500 r er. FINANCE DIRECTOR APPROVEn,. ~ DATE: P / ZL / `Z - 3. County Administrator complete, if necessary. COUNTY ADMINISTRATOR APPROVED: NIA 4. County Commissioner approval required?: ®Yes ^ No 5. Clerk and Recorder: Date Recorded: / / DATE: / / 6. Responsible originating department must send one approved contract to contractor. Revised: 08/15/08 ~:A~~, ~~ soz~~~ V ~:~ 9~N ~, , •^ ~o 'e. ~ __ : x.C' L ' .' 'KX ` .er/ 4~°~0~ ' ~~N CC• ~~ ~Y REPORT TO: FROM: SUBJECT: MEETING DATE: Commission Memorandum Honorable Mayor and City Commission Tim Cooper, Assistant City Attorney Memorandum of Understanding with Gallatin County for Victim/Witness Position September 2, 2008 RECOMMENDATION: Authorize City Manager to sign the Memorandum of Understanding Between the City of Bozeman and Gallatin County to create a new full- time Victim/Witness Position, subject to approval of final FY 09 budget BACKGROUND: Montana statutes impose a duty on local law enforcement agencies to notify crime victims of the status of criminal cases in which they are involved, including the availability of crime victim compensation, whether an offender has been arrested and released, the date and time for proceedings in the case, and the possibility of plea negotiations with the defendant. The City and the County have cooperated in the provision of these services for crime victims. However, the victim/witness office has not had additional staff since 1998, and the caseload of the office has increased considerably over the past ten years. Both the City Attorney and the County Attorney offices have identified the need for a new full-time victim/witness position in the County's victim/witness office. City will be $33,392.25 for fiscal year 2009. This amount will be approved as part of the City Attorney budget, Fund 174 -Victim witness advocate special revenue fund. FISCAL EFFECTS: The City of Bozeman and Gallatin County shall each pay 50% of the salary and benefits of the new hire. The new position will have a start date of October 1, 2008, and the cost to the ALTERNATIVES: No action. Respectfully sub ~ ed, i c~ v C Tim Cooper 2s