1. How Can the City Save Money?

2. Can the District Attorney Help? MISDMEANORS

3. QUESTIONS Can the transfer of the Misdemeanor prosecution save money? Can the transfer of the Misdemeanor prosecution save money? Will the District Attorney provide the same level of service? Will the District Attorney provide the same level of service? Why transfer now? Why transfer now?

4. District Attorney’s Office Approximately 900 Employees Approximately 900 Employees 5 Office locations Countywide 5 Office locations Countywide 300 Deputy District Attorneys 300 Deputy District Attorneys 120 Sworn District Attorney Investigators 120 Sworn District Attorney Investigators 18 Divisions 18 Divisions Community Outreach Community Outreach 2004 Budget $98 Million 2004 Budget $98 Million

5. History 1994 - SANDAG and San Diego Municipal Court completed a report. 1994 - SANDAG and San Diego Municipal Court completed a report. 1995 – A study was completed by District Attorney Paul Pfingst. 1.3 to 2.3 million dollar savings. 1995 – A study was completed by District Attorney Paul Pfingst. 1.3 to 2.3 million dollar savings. 1998 – Consolidation of Courts. 1998 – Consolidation of Courts. In the years 1998, 1999, 2004 and 2005, the San Diego Taxpayers Association requested the city to review the prospect of transferring responsibility of prosecuting Misdemeanors to the District Attorney. In the years 1998, 1999, 2004 and 2005, the San Diego Taxpayers Association requested the city to review the prospect of transferring responsibility of prosecuting Misdemeanors to the District Attorney. 1999 – A study was completed by District Attorney Paul Pfingst. 1999 – A study was completed by District Attorney Paul Pfingst. 2004 – Two Performance Institute Reports. 2004 – Two Performance Institute Reports. 2005 - Analysis by District Attorney Bonnie Dumanis. 2005 - Analysis by District Attorney Bonnie Dumanis.

6. Is It Legal? In 1995, former City Attorney John Witt requested an opinion from the State Attorney General on the question of transferring the responsibility of prosecuting Misdemeanor crimes to the District Attorney. The written opinion of the Attorney General was that upon a vote of the City Council, transfer of the duties could take place. The opinion also stated that the County of San Diego could recover costs from the City of San Diego for such service by contract and resolution of the Board of Supervisors of the County of San Diego.

7. California There are 15 counties in California with populations over 500,000 citizens. There are 15 counties in California with populations over 500,000 citizens. 13 county District Attorney’s offices prosecute State Misdemeanor crimes. 13 county District Attorney’s offices prosecute State Misdemeanor crimes. The District Attorney of Orange County prosecutes State Misdemeanor crimes in all cities in their county except the city of Anaheim. The District Attorney of Orange County prosecutes State Misdemeanor crimes in all cities in their county except the city of Anaheim. The 15 county, the District Attorney of Los Angeles declined to prosecute Misdemeanors. The 15 county, the District Attorney of Los Angeles declined to prosecute Misdemeanors.

8. The transfer will save money? $2,000,000 GOOD GOVERNMENT

9. Budget The first year’s budget will be approximately $10.8 million, beginning in FY 2005-2006. The first year’s budget will be approximately $10.8 million, beginning in FY 2005-2006. This amount includes full salary and benefits for a staff of 92. This amount includes full salary and benefits for a staff of 92. The budget includes $639,103 in one-time start up costs. The budget includes $639,103 in one-time start up costs.

10. Benefits to the citizens of the City of San Diego Cost savings in the millions of dollars by implementing an efficient and effective system that will reduce redundancies. Cost savings in the millions of dollars by implementing an efficient and effective system that will reduce redundancies. Reduce overtime cost to the SDPD by combining multiple crime cases. Keeping police officers on the beat and not in the courtroom. Reduce overtime cost to the SDPD by combining multiple crime cases. Keeping police officers on the beat and not in the courtroom. SDPD to work with one agency to facilitate the prosecution of suspects. SDPD to work with one agency to facilitate the prosecution of suspects. Ability to complete analysis of prosecution data for each SDPD command. Ability to complete analysis of prosecution data for each SDPD command. Streamlined process to evaluate each case for appropriate prosecution. Streamlined process to evaluate each case for appropriate prosecution. Ability for the mayor and council members to work with one agency on all prosecution-related issues. Ability for the mayor and council members to work with one agency on all prosecution-related issues.

11. Benefits to the Criminal Justice System Reduced transportation costs to the Sheriff’s Department Reduced transportation costs to the Sheriff’s Department Elimination of duplicate work by court personnel in scheduling proceedings Elimination of duplicate work by court personnel in scheduling proceedings Attorneys would benefit from the consolidation because prosecutors and defense attorneys would save time by not having to appear at separate hearings. Attorneys would benefit from the consolidation because prosecutors and defense attorneys would save time by not having to appear at separate hearings. The District Attorney, as the sole prosecuting agency, could resolve many of the misdemeanors simultaneously with the felonies. The District Attorney, as the sole prosecuting agency, could resolve many of the misdemeanors simultaneously with the felonies. Support staff workload would be streamlined by reducing the numbers of times files must be retrieved and re-filed. Support staff workload would be streamlined by reducing the numbers of times files must be retrieved and re-filed.

12. The District Attorney will provide the same or better level of service. GOOD GOVERNMENT

13. Service The District Attorney is committed to excellence in all prosecutions. The District Attorney is committed to excellence in all prosecutions. The District Attorney prosecutes Misdemeanor crimes for all other San Diego county jurisdictions including 17 cities. The District Attorney prosecutes Misdemeanor crimes for all other San Diego county jurisdictions including 17 cities.

14. DA MISDEMEANOR PROSECUTIONS 2004 91% Conviction Rate

15. Service Accountable to the Mayor and City Council for costs and services they provide. Accountable to the Mayor and City Council for costs and services they provide. Community Liaisons to work with the Mayor and Council members to be accountable to the citizens of San Diego. Community Liaisons to work with the Mayor and Council members to be accountable to the citizens of San Diego. Comprehensive case management system. Comprehensive case management system. Economy of scale of services already in place. Economy of scale of services already in place. Participates with the Family Justice Center. Participates with the Family Justice Center. The District Attorney’s Office maintains a conviction rate of 95% for Felonies and 91% for Misdemeanors. The District Attorney’s Office maintains a conviction rate of 95% for Felonies and 91% for Misdemeanors.

16. Service

17. The District Attorney is Willing. GOOD GOVERNMENT

18. District Attorney Bonnie Dumanis Municipal Court Judge Municipal Court Judge Arraignment Court handling all cases filed as misdemeanors Arraignment Court handling all cases filed as misdemeanors Trial Setting Department handling all misdemeanor cases settled before trial Trial Setting Department handling all misdemeanor cases settled before trial Lead Judge in the Domestic Violence Court Lead Judge in the Domestic Violence Court Created the Central San Diego Superior Court Drug Court, specializing in misdemeanors Created the Central San Diego Superior Court Drug Court, specializing in misdemeanors Handled Homeless Court and participated in Stand Down Handled Homeless Court and participated in Stand Down Judicial Liaison to the Community Court Committee Judicial Liaison to the Community Court Committee Superior Court Judge Superior Court Judge Juvenile Court Judge Juvenile Court Judge

19. Willingness Cost neutral Cost neutral With a contract for services With a contract for services Minimal disruption of service to the citizens Minimal disruption of service to the citizens Neighborhood Prosecution Unit Neighborhood Prosecution Unit Domestic Violence and Child Abuse cases would continue to be handled in the Family Justice Center Domestic Violence and Child Abuse cases would continue to be handled in the Family Justice Center

20. Responsibility Screening and Arraignment Unit Screening and Arraignment Unit Criminal Trial Unit Criminal Trial Unit Appellate Unit Appellate Unit Code Enforcement Unit Code Enforcement Unit Consumer and Environmental Protection Unit Consumer and Environmental Protection Unit Child Abuse and Domestic Violence Unit Child Abuse and Domestic Violence Unit

21. Staffing 35 attorneys 35 attorneys 8 sworn peace officer investigators 8 sworn peace officer investigators 49 support personnel 49 support personnel 92 Attorney’s and Staff

22. Now is the Right Time! Current Budget cycle for FY2005/2006. Current Budget cycle for FY2005/2006. Savings to the City of San Diego of millions of dollars without a reduction of service. Savings to the City of San Diego of millions of dollars without a reduction of service. Reorganization of the City Attorney’s office. Reorganization of the City Attorney’s office. Outstanding working relation with the staff of the City Attorney. Outstanding working relation with the staff of the City Attorney.

23. Conclusion The District Attorney can assume the duties of prosecuting Misdemeanor crimes from the City of San Diego as effectively and for less cost than the City Attorney’s Office. The District Attorney can assume the duties of prosecuting Misdemeanor crimes from the City of San Diego as effectively and for less cost than the City Attorney’s Office. Working with the City Attorney, the transfer can take place during the FY 2005/2006 budget year. Working with the City Attorney, the transfer can take place during the FY 2005/2006 budget year. No only is this Good Government it also is Good Business for the City of San Diego and it’s citizens. No only is this Good Government it also is Good Business for the City of San Diego and it’s citizens.

24. REQUEST Refer to the City manager for further study and inclusion in the Fiscal Year 2005/2006 budget discussions. Refer to the City manager for further study and inclusion in the Fiscal Year 2005/2006 budget discussions. The District Attorney and the staff of the District Attorney will be available at any time to answer any questions the Mayor, City Council, City Attorney, City Manager or their staffs may have. The District Attorney and the staff of the District Attorney will be available at any time to answer any questions the Mayor, City Council, City Attorney, City Manager or their staffs may have. We stand ready to assist the City We stand ready to assist the City