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HomeMy WebLinkAboutD-1813-06 Deputy Prosecuting Attorney SPONSOR: Councilor Carter '" ORDINANCE 0-1813-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL. INDIANA. APPROVING AND ADOPTING INTERLOCAL AGREEMENT WHEREAS, Indiana Code 36-1-7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36-1-7-2 authorizes the Common Council to approve such "interlocal agreements"; and 4 WHEREAS, the "interlocal agreement" by and between the City of Carmel, .' Indiana, an Indiana Municipal Corporation, the Prosecuting Attorney for the 24th Judicial Circuit, Hamilton County, Indiana, and the Auditor of Hamilton County, Indiana, pertaining to providing law enforcement officers employed with the City of Carmel greater access to a Deputy Prosecuting Attorney, with office space located on site at the City of Carmel Police Department, a copy of which is attached hereto and incorporated herein as Exhibit A (the "Interlocal Agreement"), is in the best interests of the City of Carmel ind its residents; and WHEREAS, it is necessary and proper to create a separate City fund for the receipt and disbursement of monies pursuant to the terms of the Interlocal Agreement and applicable law. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section I. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Common Council of the City of Carmel, Indiana. Section 3. The Clerk-Treasurer is hereby directed to file a copy of the Interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods established by Indiana Code 36-1-7-6. Section 4. There is hereby created a "Community Prosecution Attorney Fund" to be administrated by the Clerk-Treasurer and which shall be used for the receipt and disbursement of monies received pursuant to the terms of the Interlocal Agreement and for the purpose creating a part-time Community Prosecution Deputy position within the City of Carmel. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor and such publication as is required by law. PASSED by the Common County of the city of Carmel, Indiana this \q~ day Of~, 2006 bya vote of -r ayes and 1J nays. ON COfNCIL FOR THE CITY OF C Mark Rat! rmann ~'it Diana L. Cordray, IAMC, Clerk.Tre Presented by me to the Mayor of the City of Carmel, Indiana this aOI~day of ~ 2006,", ,,,"" AM.~X APP!OV~y me, Mayor of the City ofC.rwe1, Indiana, this #I"i:; of " "" 2006, at ID ~. AL~ Prepared by: Carmel Assistant Chief of Police, Tim Green, Three Civic Square, Carmel, IN 46032 2 .;1 "" " .. c INTERLOCAL AGREEMENT WITH THE CITY OF CARMEL This Interlocal Agreement is entered into and between the City of Carmel, . Indiana, an Indiana Municipal Corporation, the Prosecuting Attorney for the 24th Judicial Circuit, Hamilton County, Indiana, and the Auditor of Hamilton County, Indiana, all pursuant to Indiana Code S 36-1-7-1 and following. The purpose of the Agreement is to provide law enforcement officers employed with the City of Carmel greater access to a Deputy Prosecuting Attorney, with office space located on site at the City of Carmel Police Department. I. This Agreement shall be in effect after the date of signing by all the parties until notice of termination is given pursuant to this Agreement. 2. Any party to this Agreement may terminate the Agreement upon written notice to all parties not less than ninety (90) days before such termination is desired. Said termination may be either partial or complete. Upon complete termination of this Agreement, all monies left owing shall become immediately due and payable. 3. The Prosecuting Attorney for the 24th Judicial Circuit, Hamilton County, Indiana agrees to create a Community Prosecution Deputy position. The parties agree that fifty percent (50%) of that Deputy Prosecutor's salary, as well as fifty percent (50%) of Federal Insurance Contributions Act (F.LC.A.), state and federal tax contributions and withholding, will be paid by the City of Carmel; and fifty percent (50%) of that salary, as well as fifty percent (50%) of Federal Insurance Contributions Act (F.LC.A.), state and federal tax contributions and withholding, will be paid by the Hamilton County Council. 4. The parties agree that the Community Prosecution Deputy position will be a part- time position and the person hired to the position will work a minimum of20 hours per week. The particular days worked will be determined by the person hired to fill ~.mF~~~ DAT AUDITOR OF HAMILTON COUNTY ~o..~\J lYI .,.,~ R BIN M. MILLS 1\.-lO-06 DATE APPROVED: ~.tW PRESIDENT, HAMIL TON COUNTY COMMISSIONERS DA~~ PRE;r:~~ COUNTY COUNCIL 04--12-DG DATE Created by Administrative Chief DepUlY Jeffrey Wehmueller 3 FROM (WED,JUN 7 2008 ~~:43/ST.~~:42'No.7~OOOOO~8a P 3 HAMILTON COUNTY PROSECUTOR'S OFFICE SONIA J. LEERKAMP · PROSECUTING ATl'ORNEY BAllIlAIlA J, TRATIIBN ClIID 'l'RW. IlEPurY JEPFItEY D. WZlDlUEIJ.Ea ADMDlIIT'RAftYI CHID' DI:PtI'l'Y March 27, 2006 D, Lu BuC1(lIIGIWl. II JENIl1FER L. l'REE>wI GIlE\'CHIII S. !'EIIN1HOTON S'I'EPIIAHII M. s..irK JAMI!.T.CAMPBEI.1. J. EIlIC BLAHKENSHlP BRADUY L. B..... !II.HIJL B. PATEL BEN'",,", G. STEvENSON DoUGlAS G. 8wrrr SIUWI: It GALVL"f SIIAIU 1. Bl.W1IIG Euv.BEnf J. IJAMlI.TON Hon. Steve Holt, President, Hamilton COWlty Commissioners Hon. Steve Schwartz, President, Hamilton County COWlcil Hon. James Brainard, Mayor, City of Carmel Re: lnterlocal Agreement for Community Prosecutor in Carmel . Dear Sirs: GARY C. WEY RoBrN' HODAf'PooGIl.UU.N JUVDIILI DMlroll' Having been advised approximately ten days ago that my proposal for a part-time prosecuting attorney in and for the City of Carmel had received a favorable recommendation from the Hamilton County personnel Committee, I have prepared thc enclosed draft ,of an Jnterloca1 A~ent th.t would need to be executed to facilitate the erealion 'of this position. . RoOER W. KL1lA . lNY!ITIGATOA Please advise me .i your earliest convenience whether or not this proposal appears to be satisfactmy, or if there are any changes that need to be made to cover this new and unique arrangement. Thank you, in advance, tor your lime and willingness to.be a part of this novel solution to a pressing problem. ~ Sonia J. Leerkamp Prosecuting Attorney cc: Michael Boward. Attorney for the Hamilton County Commissioners Jolm Culp, Attorney for the Hamilton County COWlcil Hon. Robin Mills, Hamilton County Auditor ,,,", ,-.. .L;UF\( . IlAD CHBCK l'1loc.... 774-2513 Om: IWuLTON CoUN'lY SQUAllB. Sum: 134 No.wVlLLE. 1No"",. 46060 (3171776-8686 . FAA (3171'778-8469 PRE-Taw.. OfVtKSJOH 7764415 n........ 170.aa60