Finance Committee

City of Roswell, New Mexico Finance Committee Minutes Wednesday, October 10, 2012, 5:00 pm Conference Room, City Hall Members Present: Chairman Steve Henderson, Councilor Art Sandoval, Councilor Jimmy Craig Members Absent: None Other Elected Officials Present: Mayor Del Jurney, Councilor Jeanine Best, Councilor Dusty Huckabee, Councilor Jason Perry Staff Present: Larry Fry, Stacye Hunter, Chief AI Solis, DC Phil Smith, DC Brad McFadin, Barbara Patterson Others Present: Greg Neal, Juliana Halverson, Tom Tarter Meeting called to order at 5:00 pm by Chairman Henderson, who noted all three members of the Committee were present, representing a quorum. L Lodgers Tax Funding Request, Thrill the World and Zombie Walk 2012- Mr. Fry noted the Occupancy Tax Board's recommendation for funding in the amount of $500 for the event. Ms. Halverson said this is the second year of the event, with last year's event drawing 185 participants and another 500 watching. She said there was no Lodgers Tax funding last year. She showed the t-shirt for the event, and added that there is a small ad in New Mexico Magazine. Mr. Henderson noted the application was somewhat late, since the event is scheduled to take place in two weeks. He questioned the process for surveying participants and visitors? Ms. Halverson said it will be done the same as other MainStreet Roswell events. After further discussion, Mr. Craig moved to recommend to the full City Council that Lodgers Tax funding in the amount of $500 be provided for the Thrill the World and Zombie Walk 2012. Mr. Sandoval seconded the motion, and it passed unanimously. 2. Proposed Resolution Number 12-42, Budget Adjustment for Fiscal Year 2013, Police Attorney Position-Mr. Fry introduced the issue and outlined the current status. Chief Solis emphasized that the focus is not just on prosecution, but to reduce the liability to the Police Department. He said he wants to make the criminal prosecution stronger, as well as conduct additional training. Mr. Henderson asked about the line of authority? Discussion ensued on different possibilities, with Councilor Perry conveying District Attorney Hicks' concern over the attorney reporting directly to the Chief possibly being a conflict of interest. DC Smith said that, in his experience, the position normally reports to the Chief. He said the focus needs to be on three issues: a. Use of Force b. Domestic Issues c. Pursuits He talked about 465 arrests, justifying the need for the position. DC McFadin said it is not just the prosecutorial side, but training and reducing liability. The Police Department always wants to do the right thing. Mr. Sandoval asked about the success rate of officers in court? DC McFadin said that testifying is good, over 50%. Many cases are pled out. Councilor Craig said an independent district attorney is the gatekeeper of the court, not a lawyer for the Police Department or Sheriff. Responsibility to the process of fairness. A prosecutor does not owe his/her allegiance to the Police Department, and should not have a Police Department attorney in court. He said that an attorney working in the Police Department gets to know all the officers, and can begin to think of officer(s) as client(s), which is not right. The State should be your client. He said prosecutors can cross the line and not do the job as independent gatekeeper. He said he is not in favor of attorney working for the Police Department prosecuting cases. Chief Solis asked about officers prosecuting, and their focus? Councilor Craig said prosecution of a case is an independent action. DC Smith asked about ethical standards, and Councilor Craig clarified the issue, stating that the first duty is to see that justice is served, not necessarily to obtain a conviction. He emphasized that the interests of the State must be protected. Chief Solis noted that that have to have district attorney approval now to prosecute a case. Councilor Craig suggested a contract situation rather than an employment situation. He said prosecutors have limited experience, typically, in liability mitigation and civil issues. CD McFadin said City Attorney Patterson is attempting to do both now. Councilor Craig said Ms. Patterson did not prosecute much prior to beginning City work. Ms. Patterson outlined her 12-15 Municipal Court cases per week. Councilor Best said we should not contract, but should hire an employee to have their entire focus on the Public Safety sector. Councilor Craig reiterated that it's hard to find someone who can cover both areas. Councilor Perry pointed out the ability to get rid of a contract rather than an employee, which Ms. Hunter explained in more detail. Mr. Tarter pointed out that Chaves Courity has a manager who is also an attorney. Discussion ensued on having the position added to the budget, what the City wants this position to do, the authority of the Police Committee, where the funding would come from, the number and nature of the cases currently being prosecuted, the need for the position, the reporting line of nd authority, etc. Councilor Best said one option would be to delete the current 2 attorney contract (previously filled by Judy Pittman) and use the $60,000 to fund this activity. After further discussion, Councilor Craig moved to table the issue and to continue to study and consider prior to the next Finance Committee meeting, and not vote on it at this meeting. Councilor Sandoval seconded the motion, and it passed unanimously. Councilor Henderson said the committee is committed to doing this, but needs a clarified job description, relationship with the district attorney, and assurances about the financial handling of the position (all costs). He asked that the Police Department assure the job description is fully covered as to function, and questioned the reporting line of authority. Councilor Sandoval asked how many officers we are short of at this time? DC McFadin said it is thirteen, but there are 28 interviews scheduled starting tomorrow in Michigan. Mayor Jurney commended the department for its outside the box thinking in sending officers to recruit in Michigan. There being no other business, the meeting adjourned at 6:35 pm.