HomeMy WebLinkAbout2020-02-18 Item 11 Presentation
Neighborhood Glen R. Googins, City AttorneyPresented by:City Council Meeting(NPU)
Background“overhead”2019: Prosecutor position funded out of Measure A classifications of City Prosecutor, Paralegal and Investigatorcreation of Neighborhood Protection Unit by creating
the new 2018: Need to address illegal marijuana businesses triggers Office has been exploring setting up a full fledged NPU the capacity to prosecute criminal cases, City Attorney’s
Since 2010, knowing the value and importance of having Project“prosecuting” attorney to work on Apartment Safety year $357,000 grant for -2009: CVPD receives 2Attorney with criminal
enforcement experience2005/2006: City hired a dedicated Code Enforcement \[Charter Section 503(b)(6)\]offenses as misdemeanors since at least 1968 City Attorney’s Office has had the
authority to prosecute municipal code
Current Status of the NPU:First criminal case filed 16 Oct. 2019 warrant executedFirst criminal search 2 Aug. 2019 Attorneydeputized by the District City Attorney III Prosecutor and
Deputy City Attorney, City 1 Aug. 2019 filings and proceduresstakeholders re: court and other South Bay Met with Presiding Judge 22 May 2019& coordinationdiscuss NPU parameters Attorney
and DA to Meeting between City 4 March 2019 CarnahanProsecutor, Nicole City hires its first City Mar. 2019“Stand Up” Phase Complete
Focus on Cannabis
Early Results Attorney General and San Diego County Building relationships with State now on probationdefendants have already pled guilty, 14 Recovered multiple firearmsSeized $60
million worth of productRecovered hundreds of thousands in cash16 people have been charged with crimes5 different dispensaries and 1 residenceExecuted 6 criminal search warrants
at
Next Step: nuisancesother quality of life crimes and public Lay the groundwork for addressing enforcement and deterrenceFocus new resources on marijuana Neighborhood Protection Unitservice,
fully functioning -fullHire the necessary staff to implement a Transition to Full Operations
NPU “Minimum” Staffing Investigator (1)•Paralegal (1)••In recognition of limited resources minimum staffing proposed: Confirmed by newly hired Criminal Prosecutor jurisdictionsNPU
staffing model is based on review of other models and
City Prosecutor Appeals•Probation hearings•adjudication hearings-Post•Conduct trials•Settlement negotiations•trial motions and hearings-Pre•Arraignment•Case review and filing charges,
if appropriate•Act as the City’s Criminal Prosecutor:Ongoing community outreach and engagement Identify and pursue alternative funding sourcesHelp create and/or plug into existing
diversion programsaddress crime and disorderVista Police Department and the community to help identify and Work closely with the State, the District Attorney’s Office, Chula “Stand
Up” and lead the Neighborhood Protection Unit
Paralegal up and administration of diversion programs-Assist with set•Administer the Asset Forfeiture Program•Additional ResponsibilitiesAssist with trial support and management•correspondence,
and other administrative tasks Handle tasks such as case intake, data entry, mailings, •other technology Obtain, review and process body worn camera, social media, and •Prepare and
draft legal memos and pleadings, perform legal research•Core Responsibilitiesdemands and requirements of modern prosecutionqualified and effective Paralegal is necessary to meet the
-A well
Investigator departmentsAdded value: relieves already overburdened Police and Code Enforcement Control & other state agenciesInvestigating businesses with the Secretary of State, Bureau
of Cannabis •Posting and serving cease and desist notices•Locating and serving civilian witnesses with subpoenas•records, DMV records, and criminal historyGathering documentary evidence
like taking photos, obtaining certified •Obtaining dockets/court records•Core responsibilities:functions that the attorney cannotAn investigator plays a critical role in preparing
a case for trial and performs
Immediate Need: Cannabis operatorsNeed to minimize adverse impact on lawful •generate more cases and more complex casesActivation of additional police resources will •NPU is currently
at caseload capacity•Illegal Cannabis Businesses are rampant •Timing is Critical •
Long Term Value of NPU of safety and -and reality-Enhanced community perception Ability to create/tap into restorative justice program(s)priority, felony cases-Police department investigators
freed up to focus on highDeterrent effect for future offenderslower level, but still important, criminal casesdeserve, with increased volume and quality of outcomes of Serious Municipal
Code violations will get the attention they
Proposed Funding Source one Investigator to City Attorney’s Office budgetApprove budget amendment to add one Paralegal and RECOMMENDATION: Office existing budget resourcesmonies, current
proposal is to fund out of City Attorney’s Out of respect for competing demands for Measure A respects idealMeasure A funding would be legal, appropriate and in many