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Resolution No. 18 of 2018
Authorizing the Approval of Amended and Restated Interlocal 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 recognized an opportunity to coordinate management of misdemeanor cases for increased efficiencies and more effective criminal justice; and
WHEREAS, this opportunity led the Parties to enter into an interlocal agreement in September of 2015 for the DA to assume the management duties for the Prosecutor’s Office. This has resulted in improved and more efficient administration of justice, cost savings, and synergies for both Parties. There have also been benefits realized by 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 have previously discussed co-locating since 2015 and County is nearing the completion of the new DA building on Main Street, which is expected to be complete in March 2018. The co-location of the Prosecutor’s Office in the DA Building would result in on-going benefits to the City, including additional efficiencies and savings; and
WHEREAS, the Parties desire to enter into an Amended and Restated Interlocal Agreement to provide for the terms under which the Prosecutor’s Office would utilize the DA building and other matters related to the County’s ongoing management of the duties of the Prosecutor’s Office; and
WHEREAS, the attached agreement has been prepared to accomplish such purposes.
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:
Amended and Restated Interlocal Agreement Concerning the DA
Management of the Prosecutor’s Office.
2. Jackie Biskupski, Mayor of Salt Lake City, Utah, or her 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, her execution thereof to constitute conclusive evidence of such approval.
Passed by the City Council of Salt Lake City, Utah, this 17th day of April, 2018.