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AGENDA ITEM REVIEW FORM |
7.F.
Special City Council Meeting
- Meeting Date:
- 11/21/2023
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
ITEM:
Discussion and possible action on any and all matter regarding a contract for prosecutor services through an independent contractor. (Kay Marion Macuil, City Attorney)
SUMMARY:
After contacting local attorneys practicing criminal law, staff contracted the lowest quote and engaged Heather C. Vinci for a 90-day contract to cover prosecutor services after José de la Vara's departure. Her 90-day contract expires on December 6. Ms. Vinci has been doing excellent work for the city. Recently, with the departure of the paralegal in the prosecutor's office, Ms. Vinci took on doing most of the written pleadings and motions.
State-wide cities and law firms are finding it difficult to recruit attorneys. Since it is not known when the City will hire an attorney to serve as a prosecutor. We are suggesting a month-to-month contract with a 30-day notice of termination with a flat rate of $8,000.00 per month. However, for the month of December, the pay will be $4,000.00 because Ms. Vinci will be working two weeks during December.
Staff requests a transfer of budget from the prosecutor's salary line to contractual services to fund this contract.
State-wide cities and law firms are finding it difficult to recruit attorneys. Since it is not known when the City will hire an attorney to serve as a prosecutor. We are suggesting a month-to-month contract with a 30-day notice of termination with a flat rate of $8,000.00 per month. However, for the month of December, the pay will be $4,000.00 because Ms. Vinci will be working two weeks during December.
Staff requests a transfer of budget from the prosecutor's salary line to contractual services to fund this contract.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE THE CONTRACT FOR PROSECUTION SERVICES WITH HEATHER VINCI AS PRESENTED AND APPROVE THE TRANSFER OF FUNDS AS SHOWN ON THE FISCAL IMPACT OF THIS ITEM.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- $52,000 (Potentially if needed to the end of the fiscal year)
- BUDGETED AMOUNT:
- Not budgeted, but there is budget capacity in the salary line for the prosecutor's office
- AVAILABLE AMOUNT TO TRANSFER:
- $52,000
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- See Fiscal Impact Statement and budget transfer
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
See the budget adjustment form.