RES 2004-1331 - Grant contract award for DWI prosecution enhancement from NE DMV E 01g`U Ir A.NFb �{s ,^
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1819 Farnam Street,Suite 300
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(402)444-5000
OP'TED FEBROr FAX:(402)444-6059
CITI City of Omaha ,.OMAHA EBR4S114
Mike Fahey,Mayor ".
Honorable President
and Members of the City Council,
Attached is a Resolution authorizing the City of Omaha to accept a contract award in the amount
of$94,800.00 from the State of Nebraska Department of Motor Vehicles.
5.
This project will provide a new Prosecutor and an Administrative Clerk,`'"will also purchase two
computers for the City Prosecutor's office. The goal of this project is to have ninety percent of
DWI (Driving While Intoxicated) bench and jury trials scheduled no more than twelve weeks
after arraignment. In the past two years there has been a forty percent increase in DWI arrests.
This increase has overtaxed the courts calendar. Processing times have skyrocketed from six
weeks to twenty-two weeks. 1
The term of this agreement shall be October lst 2004 and shall terminate no later than September
30, 2005.
Your favorable consideration and adoption of this Resolution is respectfully requested.
Respectfully submitted, Approved as to Funding:
kt.c4. 34441 LA-4. Vuu-vv__ 91A\Oat
Mike Fahey, Mayor Date Carol A. Ebdon Date
City of Omaha Finance Director
Approved:
Gail Kinsey hom son Date
Human Relations Director
P:\MAY\11298pjm.doc
GRANT CONTRACT AWARD
•
NEBRASKA OFFICE OF HIGHWAY SAFETY
P.O. Box 94612 Nebraska Office of
301 Centennial Mall South Highway
Lincoln, Nebraska 68509
(402)471-2515 Safety
Contractor: Contract Number: Award Date:
City of Omaha Prosecutor's Office
05-20 October 1, 2004
Contract Title: Contract Amount:
DWI Prosecution Enhancement
$94,800.00
FEDERAL SHARE STATE/LOCAL SHARE TOTAL COST OF PROJECT % OF LOCAL BENEFIT
$94,800.00 $0.00 $94,800.00 100%
Percent of Reimbursement 100%
This Grant Contract Award is subject to all current State and Federal Policies and Procedures established by the
U.S. Department of Transportation, National Highway Traffic Safety Administration, Nebraska Department of Motor
Vehicles, and the Nebraska Office of Highway Safety (NOHS). If applicable, this award may be subject to special
conditions.
The grant contract period will be from October 1, 2004 through September 30, 2005 for federal Fiscal Year 2005.
The contract will become effective on the above-stated date, provided the NOHS has received the signed Grant
Contract Award from the Contractor. After the remaining signatures have been obtained,a copy of the Grant Contract
Award will be provided to the Contractor.
Acceptance of Conditions: The Grant Contract Award recipient agrees to all applicable federal and state laws, rules and;.;1.•.•.;•;•'
regulations. Failure to comply with these conditions may result in termination of this Grant Contract Award.
Signature of Administrator or Governor's Representative ignature of Project Director
Martin J. Conboy III
Fred E Zwonechek, Administrator City Prosecutor 9-28-04
Typed Name of Official and Title Date Typed Name and Title Date
Czwo 2 a
Signature of Authorized Offi I(Mayor, County Board Chairman, Signature of Financial Official(County Treasurer,City Clerk,
State Department Head, etc.) City Finance Department, etc.)
Mike Fahey , Mayor 9/28/2004 Carol A. Ebdon 9/28/2004
Typed Name and Title Date Typed Name and Title Date
Rev.7/03
•
FEDERAL CIRCULAR ACKNOWLEDGEMENT
NEBRASKA OFFICE OF HIGHWAY SAFETY
P.O. Box 94612 Nebraska Office of
301 Centennial Mall South Hi hL
Lincoln, Nebraska 68509 Safety
(402)471-2515
Contractor: Contract Number:
City of Omaha Prosecutor's Office 05-20
Contract Title:
DWI Prosecution Enhancement
This grant contract is subject to adherence to the most current Federal OMB Circular A-87 ,
and A133 according to federal guidelines. It is understood and agreed by the undersigned
that the above-mentioned circulars have been reviewed and will be retained. Signatures
acknowledge receipt and compliance of these circulars.
•
. •. • •. • •
Signature of Administrator or Governor's Representative Sidhature of Project Director . •
Martin J. Conboy III
Fred E Zwonechek,Administrator City Prosecutor 9-28-04
Typed Name of Official and Title Date Typed Name and Title Date
Signature o Authorized Offic' (Mayor, County Board Chairman, Signature of Financial Official(County Treasurer,City Clerk,
State Department Head, etc.) City Finance Department, etc.)
Mike Fahey , Mayor 9/28/2004 Carol A. Ebdon 9/28/2004
Typed Name and Title Date Typed Name and Title Date
Rev.7/03
.,
•
GRANT CONTRACT COVER
APPLICANT: CITY OF OMAHA PROSECUTOR'S OFFICE
PROJECT DIRECTOR: Martin J. Conboy, III City Prosecutor
ADDRESS: 2-West, Hall of Justice, 1701 Famam Street
CITY, STATE,Z1P: Omaha, Nebraska 68183
TELEPHONE: 402-444-5290
E-MAIL ADDRESS: mconbov@ci.omaha.ne.us
FAX 402-444-7730
Federal Identification Number (FID):47-6006304
PROJECT TITLE: DWI PROSECUTION ENHANCEMENT
GRANT CONTRACT PERIOD: OCTOBER 1, 2004 to SEPTEMBER 30,2005
�/
Martin J. Conboyf� ,� > ;c`.
��.Z, � Z• � ' City Prosecutor 3/12/2 0 0 4
AGENCY DIRECT SIGNATURE TITLE DATE
'
Mike Fahey ( Vac_c G'°. Mayor of Omaha 3/12/2004
AUTORIZED OFFICIAL SIGNATU TITLE DATE
FINANCI'AL OFFICER SIGNATURE TITLE DATE
i
DWI PROSECUTION ENHANCEMENT
SUMMARY
During the past two years, the number of`Driving Under the Influence' (DWI) cases
prosecuted by the Omaha City Prosecutor's Office has increased more than forty percent.
This growth is attributable to two factors: the reduction of the blood alcohol standard
from .10 to .08 and to the deft utilization of Highway Safety Grants by the Omaha Police
Department resulting in more arrests. The additional workload however, has hampered
the ability of the Prosecutor's Office to devote sufficient resources to DWI cases. A full-
time prosecutor and one clerical support person hired to process and prosecute DWI cases
would permit the Office to keep pace with the increased DWI caseload. Utilizing the
additional staff, the Prosecutor's Office could reduce the disposition time of 4,800 cases
by forty percent. The total cost of the new hires and their support is $94,800.
ORGANIZATIONAL BACKGROUND
The Omaha City Prosecutor's Office is responsible for the prosecution of misdemeanor
criminal and traffic offenses that occur throughout Douglas County. The City Prosecutor
maintains a staff of ten deputies, seven administrative clerks, and one secretary. In 2003,
the Office handled 65, 000 traffic tickets and 35, 000 criminal citations. Law
enforcement agencies supported by the Office include, the Omaha Police Department,
Douglas County Sheriff's Office, the State Patrol, Carrier Enforcement, and police
departments for the towns of Ralston, Elkhorn, Boys Town, Bennington, Waterloo, and
Valley. The Prosecutor's Office has long maintained an aggressive stance towards DWI
prosecution. We have one of the highest conviction rates in the country; over 95% of all
DWI arrests in Douglas County results in conviction.
PROBLEM IDENTIFICATION
Previous Department of Highway Safety grants to the Omaha Police Department for DWI
Enforcement Activities have had their intended effect. The number of DWI arrests and
prosecutions has increased greatly. In 2003, the Office processed 4,800 DWI arrests; a
forty percent increase over the previous two years. This increase has overtaxed the
Court's calendar. Processing times have skyrocketed from six weeks to twenty-two
weeks. At times 600 DWI cases are scheduled for trial during a month. These delays and
workloads impair our ability to prevail at trial. Already several cases have been
dismissed because they were not tried within the six months required by statute. Other
cases are threatened because of witness unavailability or an officer's inability to recall
distant events. In order to reduce this backlog and to increase the conviction rate. it is
imperative that the number of prosecutors and support staff devoted to Dyt'i prosecution
increase.
GOAL
The goal of this project is to have ninety percent of DWI bench and jury trials scheduled
no more than twelve weeks after arraignment during the funding period.
OBJECTIVES
•
1. Hire an experienced criminal attorney who can prosecute trials shortly after being
employment begins.
2. Hire and train an administrative clerk to file DWI cases and track their progress
through to sentencing or other disposition;
3. Schedule ninety percent of DWI bench trials within twelve weeks of arraignment;
4. Ensure pre-trial conferences for every DWI jury trial is scheduled within seven weeks
of arraignment.
STRATEGIES
1. Select and hire a prosecuting attorney.
Completion Date: Octoberl, 2004
2. Select and hire an administrative clerk.
Completion Date: October 1, 2004
3. Train the new hires on their respective responsibilities.
Completion Date: November 1, 2004
4. Ongoing contact with Presiding Judge, Court Administrator, Chief Bailiff to ensure
timely scheduling of trials.
Completion Date: September 30, 2005
5. Assign eight new DWI trials a day to newly hired prosecutor.
Completion Date: November 1, 2004
6. Full-time assignment to DWI cases leading to the following daily allocation of time:
In trial courtroom prosecuting cases- 5 hours;
Legal research; case preparation for scheduled trials- 1 hour;
Review police reports, file charges on persons arrested by police —1.5 hour
Discuss pending cases with defense anornevs: Neyotiaie plea a2reemenis: how-
Completion Date: November 1, 2004
•
EVALUATION
1. An administrative evaluation will be completed at the conclusion of the project to
measure actual activities and tasks against those planned.
2. On a monthly basis, compile and compare arrest and conviction data for the project
period against that of the previous year.
3. Compile and compare the case processing times to ascertain whether project goal is
being met on a monthly basis.
4. Conduct personnel evaluations to ascertain suitability for continued employment after
ninety days and again at the end of the project year.
BUDGET PROPOSAL
Salary for Prosecutor: $60,000
Salary for Admin. Clerk: $32,000
(2)Entry Level Business PC: $ 2,800
Total requested: $94,800
COST ASSUMPTION
The City of Omaha is committed to the successful prosecution of persons who drive
while under the influence of alcohol or drugs. To that end, the Prosecutor's Office has
nurtured career prosecutors. The average term of employment for the current staff is
fifteen years. The City is understandably reluctant to employ another civil service,
career-minded prosecutor for what may prove to be a temporary increase in DWI arrests.
As a municipal corporation, the City can and will assume the costs of an additional
prosecutor and administrative clerk as it becomes clear that the increase of DWI arrests
and prosecution is a continuing phenomenon.
ti C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha has made application to the State of Nebraska
Department of Motor Vehicles, under section 402 federal highway safety funding for fiscal year
2005 for a contract in the amount of $94,800.00 to purchase two computers and hire an
experienced Prosecutor and hire an Administrative Clerk to expedite DWI cases; and,
WHEREAS, the State of Nebraska Department of Motor Vehicles approved
Contract Number 05-20, with special conditions in the amount of $94,800.00 to the City of
Omaha; to be used over a project period extending from October 1st 2004 and shall terminate no
later than September 30, 2005; and,
WHEREAS, it is in the best interest of the City of Omaha and the residents
thereof to accept this grant award.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the City Council of the City of Omaha does hereby approve the
application for and accepts the Grant Contract Award for the DWI Prosecution Enhancement
(Driving Under the Influence) from the Nebraska Department of Motor Vehicles in the amount
of $94,800.00 to purchase two computers, and hire an experienced Prosecutor, and
Administrative Clerk to expedite DWI cases; to be used over a project period extending from
October 1st 2004 and shall terminate no later than September 30, 2005.
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