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HomeMy WebLinkAboutItem 09 City Prosecutor Contract Renewal AGENDA ITEM SUMMARY Meeting Date: 6/15/2015 Meeting Type: Regular Meeting Staff Contact/Dept.: Jeff Towery, CMO Staff Phone No: 541-726-3627 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Strengthen Public Safety by Leveraging Partnerships and Resources ITEM TITLE: CITY PROSECUTOR CONTRACT RENEWAL ACTION REQUESTED: Authorize the City Manager to sign the second amendment to the contract with the firm of Leahy, Van Vactor, Cox & Melendy LLC for City Prosecutor services for the time period July 1, 2015 through June 30, 2016. ISSUE STATEMENT: The City Prosecutor contract expires June 30, 2015. ATTACHMENTS: Attachment 1: Second Amendment to the Leahy, Van Vactor, Cox & Melendy LLC Contract DISCUSSION/ FINANCIAL IMPACT: In January of 2013 the City entered into an agreement with the firm of Leahy, Van Vactor, Cox and Melendy to provide prosecution services as a result of a request for qualifications. The contract expires June 30, 2015 and the city is renewing their agreement for an additional year. The Financial and Judiciary Committee met on May 11, 2015 to review the contract, the firms request for an increase and the results of the Supplier Business Review (SBR) conducted on May 6, 2015. The committee all supported the request for an increase and was pleased with the results of the SBR. The firm was evaluated by City Staff, Judges, Court Staff, Police Department Management, members of the Springfield Police Association and attorneys (both the court appointed attorneys as well as privately retained). The overall survey results total score 1.86 (1= exceptional performance - 5 = does not meet job requirements). The 2013 score was 2.47 (2013 survey was conducted after their first six months). There were overwhelming positive comments from the surveyors. Since the inception of the services the contract value has remained the same. The second amendment increases the annual cost from $186,220.80 to $214,153.92 for city prosecutor services. Additional costs are justified to allow for increased cases per attorney workload, to recognize increased DUII enforcement and to acknowledge increased complex cases no longer being filed by the DA’s Office. Staff requests, with approval of the Financial and Judiciary Committee, the council to authorize the City Manager to sign the second amendment. AT T A C H M E N T 1, Pa g e 1 of 10 8 Electronic Signature FIRST AMENDMENT TO CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF SPRINGFIELD AND Leahy, Van Vactor, Cox and Melendy Contract#821 July 1, 2014 Parties: The City of Springfield City" 225 Fifth Street Springfield, OR 97477 And Leahy, Van Vactor, Cox and Melendy Independent Contractor" The Parties hereby agree that the Independent Contractor Agreement dated January I, 2013 between the City of Springfield (City) and Leahy, Van Vactor, Cox and Melendy (Independent Contractor) included herein as Attachment I, is hereby amended for the first time as follows: 5. Term. This Agreement is effective as of the date first set forth above and shall continue until June 30, 2015 unless earlier terminated in accordance with the provisions of this Agreement or by mutual consent of the parties. The Agreement may be amended annually, to extend the term stated herein, for not more than one (1) successive one-year period, upon mutual agreement of the parties. In negotiating any extension CITY shall consider the requirements or SMC Section 2.708(3)and each extension shall not be effective until reviewed and approved by the Springfield Common Council. Except as amended herein, all other terms and conditions of the Independent Contractor Agreement between Parties dated January 1, 2013 will remain in full force and effect. CITY OF ; NGF = INDEPENDENT CONTRACTOIZ Name: Name `% ria,c- CoX r trick 5„He12m YTitle: C" I,/ Kl1 Title: Date: /7 / Date: lug-6.3.i evie ed by City Contract &cer u Attorney Review C821 First Amendment Leahy,Van Vactor. Page 1 of 106 Cox and Melendy ATTACHMENT 1, Page 2 of 108 ATTACHMENT fp CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT Contract#821 Dated January 1, 2013 Parties: City of Springfield CITY") A municipal corporation of the State of Oregon and Leahy, Van Vactor, Cox and Melendy ("Independent Contractor ') Additional Independent Contractor Information: A. Type of Entity: Sole Proprietorship 0 Partners Limited Liability Company Corporation B. Address: 188 West B Street, Building N, Springfield, OR 97477 C. Telephone, 541-746-9621 D. Fax No- 541-746-4109 E. SSN or Fed. I.D. No: F. Professional License(s)No G. Oregon Agency Issuing License Oregon State Bar Association H. Foreign Contractor Yes ® No Foreign means not domiciled in or registered to do business in Oregon)See Exhibit B(11). CITY Account Number(s) To Be Charged (Include Percentages): Account Number Percentage I In consideration of the mutual covenants contained herein, the parties agree to the following terms, provisions and conditions: 1. Payment by CITY. CITY shall pay Independent Contractor according to the sum and schedule described on Attachment 1 attached hereto and incorporated herein by this reference and in an amount not to exceed annually $186,220.80. Invoice monthly in theamountof$15,518.40 to be sent to Crty of Springfield, Accounts Payable, 225 511 Springfield, OR 97477. 2. Intergovernmental Cooperative Purchasing. The Seller agrees to extend identical pnces and services under the same terms and conditions to all public agencies. Quantities stated in this bid reflect the City of Springfield usage only. A public agency wishing to purchase items will execute its own contract with the awarded bidder for its requirements. 3. Services to be Performed by Independent Contractor. Contractor will provide Municipal Court Prosecutor services. Independent contractor shall perform the services in Attachment C820831$Lfeheridavell0Uwh99V*ndj~dy piii"Q blot 005 Cox and Melendy ATTACHMENT 1, Page 3 of 108 ATTACHMENT 2, attached hereto and incorporated herein by this reference. Attachment 2- RFO # 740responsedatedMay 24, 2011. 4. Solicitation Process. This contract was awarded pursuant to the City's RFQ #740Municipal Court Prosecutor Services 5. Term. This Agreement is effective as of the date first set forth above and shall continue until June 30, 2014 unless earlier terminated in accordance with the provisions of this Agreement or by mutual consent of the parties. The Agreement may be amended annually,to extend the term stated herein, for not more than two (2)successive one-year periods, upon mutual agreement of the parties. In negotiating any extension CITY shall consider the requirements or SMC Section 2 708(3) and each extension shall not be effective until reviewed and approved by the Springfield Common Council. 6. Independent Contractor Status. By its execution of this Agreement, Independent Contractor certifies its status as an "Independent Contractor"as that term is used under thelawsof the State of Oregon, and that all performance of any labor or services required to be performed by Independent Contractor under the terms of this Agreement shall be performed in accordance with the standards set forth in ORS 670 600, and as more specifically setforth on Exhibit "A" attached hereto and incorporated herein by this reference. 7. Conformance with Oregon Public Contracts Law(ORS Chapter 279). Independent Contractor shall comply with all applicable provisions of Oregon law for public contracts, including, but not limited to ORS 2796.220, ORS 279B.225, ORS 279B 230, and ORS279B 235, and as more fully set forth on Exhibits "A" and "B" attached hereto and incorporated herein by this reference 8. Work Performed. The work to be performed by Independent Contractor includes services generally performed by Independent Contractor in his/her/its usual line of business. 9. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not limited to income tax, payroll tax, social security and self- employment tax. CITY shall not withhold, pay, or in any other manner be responsible for payment of any taxes on behalf of Independent Contractor 10. Reimbursement Of Expenses. Independent Contractor shall not be entitled to reimbursement by CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing. 11. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to perform the services required unless otherwise agreed in writing. 12. No Authority To Bind CITY. Independent Contractor shall have no authority to enter into contracts on behalf of CITY, its' officers, agents and employees This Agreement shall not create a partnership or joint venture of any sort between the parties 13. Federal Employment Status. In the event payment made pursuant to this Agreement is to be charged against federal funds, Independent Contractor hereby certifies that it is not CB Ir F YeK fiN l2fa b%M D,iRJI Y RNW_4elm Cox and Melendy ATTACHMENT 1, Page 4 of 108 ATTACHMENT currently employed by the Federal Government and the amount charged does not exceed Independent Contractor's normal charge for the type of services provided 14. Indemnification and Hold Harmless. The Independent Contractor shall assume all responsibilities for the work, and bear all losses and damages directly or indirectly resulting to the Independent Contractor, the City, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The Independent Contractor shall assume defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Independent Contractor or any Subcontractor under the Contract or any way arising out of the Contract, Irrespective of whether any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, liability loss, damage or injury and irrespective or whether act, omission, or conduct of the Independent Contractor or Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The Independent Contractor shall not be liable for nor be required to defend or indemnify, the City relative to claims for damage or damages resulting solely from acts or omissions of the City, its officials, agents or employees. The absence of or inadequacy of the liability Insurance required in section 15 below shall not negate Independent Contractor's obligations in this paragraph. 15. Insurance. 15.1. General Insurance. The Independent Contractor shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written on an occurrence basis with limits not less than $2,000,000 per occurrence and 3,000,000 in the aggregate for bodily injury or property damage The policy will contain a "per project" aggregate endorsement. Automobile Liability (owned, non- owned and hired) insurance with limits not less than $1,000,000 per occurrence shall be maintained. The City, its employees, officials and agents will be named as an Additional Insured where operations are being conducted related to this contract, on the General Liability policy as respects to work or services performed under this agreement to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the Independent Contractor or the fault of the Independent Contractor's agents, representatives or subcontractors. This insurance will be primary over any insurance the City may carry on its own. 15.2. Professional Liability. Independent Contractor shall maintain in force during the duration of this Agreement (and, if it is a claims made policy, for a year following completion of the project) a professional liability policy, approved by the City's Risk Manager as to terms, conditions and limits. 15.3. Workers' Compensation. Independent Contractor shall provide and maintain workers' compensation coverage for its employees, officers, agents, or partners, as required by applicable workers' compensation laws. If Independent Contractor Is exempt from coverage, a written statement signed by Contractor so stating the reason for the exemption shall be provided to the City 15.4. Evidence of Insurance Coverage, Evidence of the required Insurance coverages issued by an Insurance company satisfactory to the City shalt be provided to the City by way of a City approved certificate of Insurance before any work or services commence. 15.5. Notice of Cancellation or Material Change in Coverage. The certificate of Insurance shall contain a requirement that the Insurance company notify the City 30 Ca2i1]1 s1A A%nypeyBEi@13jovgnVAW@pdy P@gggi bph6®5 Cox and Melendy ATTACHMENT 1, Page 5 of 108 ATTACHMENT days prior to any cancellation or material change in coverage If the approved insurance company will not provide this 30 day notice, the Contractor shall provide written notice to the City contract manager within 2 days after the Contractor becomes aware that their coverage has been canceled or has been materially changed The Contractor shall either fax 541-726- 3782 said notice or email it directly to Bob Duey (rduey@springfield-or.gov), Finance Director at the City.Regardless of what circumstances caused Contractors insurance coverage to ceaseorbemodified, it is the contractor's responsibility to notify the City. Failure to maintain proper insurance or provide notice of cancellation or modification shall begroundsforimmediateterminationofthiscontract. Contractor initials) 15.6. Equipment and Material. The Independent Contractor shall be responsible for anyloss, damage, or destruction of its own property, equipment, and materials used in conjunction with the work. 15.7. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior written approval of CITY. No such written approval shall relieve Independent Contractor of any obligations of this Agreement, and anytransferee or subcontractor shall be considered the agent of Independent Contractor Independent Contractor shall remain liable as between the original parties to thisAgreementasifnosuchassignmenthadoccurred 15.8. Exception or Waivers. Any exception or waiver of these requirements shall be subjecttoreviewandapprovalfromtheCity's Risk Manager 16.Termination. The performance of work under this Agreement may be terminated by CITY,in whole or in part, whenever for any reason CITY shall determine that such termination is in the best Interest of CITY Any such termination shall be effected by delivery to theIndependentContractorofaNoticeof Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which suchterminationiseffective 17. Rights In Data. All original wntten material, including programs, Card decks, tapes, listings, and other documentation originated and prepared for CITY pursuant to this Agreement, shall become exclusively the property of CITY. The ideas, concepts, know-how, or techniques developed during the course of this Agreement by Independent Contractor personnel can byusedbyeitherpartyinanywayitmay deem appropriate. Material already in IndependentContractor's possession, independently developed by Independent Contractor outside the scope of this Agreement, or rightfully obtained by Independent Contractor from third parties, shall belong to Independent Contractor. This agreement shall not preclude Independent Contractor from developing materials which are competitive, irrespective of their similarity tomaterialswhichmight be delivered to CITY pursuant to this Agreement Independent Contractor shall not,however, use any written materials developed under this Agreement in developing materials for others, except as provided in this section 18.Confidentiality, During the course of performance hereunder, Independent Contractor or its agent, employees, or contractors, may receive confidential information. Independent Contractor agrees to use its best efforts to maintain the confidentiality of such information and to Inform each agent and employee perforning services of the confidentiality obligationthatpertainstosuch Information. cavil}§tnY S KPE Sn?b4@lelsrdv PfipV6moto®5 Cox and Melendy ATTACHMENT 1, Page 6 of 108 ATTACHMENT 19.Assignment/Subcontract. Independent Contractor shall not assign, sell,transfer, subcontract or sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior written approval of CITY. No such written approval shall relieve Independent Contractor of any obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of Independent Contractor. Independent Contractor shall remain liable as between the original parties to this Agreement as if no such assignment had occurred 20. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective successors and assigns 21.Compliance With All Government Regulations. Independent Contractor shall comply with all Federal, State and local laws, codes,regulations and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement Damages or costs resulting from noncompliance shall be the sole responsibility of Independent Contractor 22,Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal. 23. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. CITY may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement. 24.Assistance Regarding Patent And Copyright Infringement. Inthe event of any claim or suit against CITY on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any material furnished or work or services performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and hold CITY harmless from any and all expenses, court costs, and attorney's fees in connection with such claim or suit. 25.Severability. If any provision of this Agreement is declared by a court to be Illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 26.Access To Records. CITY and its duly authorized representatives shall have access to books, documents, papers and records of Independent Contractor which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 27.Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement C8pntdtwiktr&FnYppVRhffyjgVgn4A*lP.dy P sbv46O6 Cox and Melendy ATTACHMENT 1, Page 7 of 108 ATTACHMENT 28.Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever, without prior written approval of CITY No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court. 29. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations. 30. Dual Payment. Independent Contractor shall not be compensated for work performed under this contract from any CITY agency other than the agency which is a party to this contract- 31. Remedies. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, and any litigation arising out of this Agreement shall be conducted in the courts of the State of Oregon, County of Lane 32. Entire Agreement. This Agreement signed by both parties is the parties' final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives There are no representations, promises, terms, conditions or obligations other than those contained herein. IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first set forth above. CITY OF SnfaN INDEPENDENT CONTRACTOR By Name: Name: Title:n,, F is Title.yf., Q fyv Date: r r J&6 Date: 1- 1 Z s .,,pcvre, by City Contract Officer j lJ. 13• lY X ce i} nYr s?S ti arfyav av Pst aao®s Cox and Melendy ATTACHMENT 1, Page 8 of 108 ATTACHMENT 1 EXHIBIT "A" CITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT Independent Contractor Status All performance of any labor or services required to be performed by Independent Contractor shall be performed in accordance with the standards set forth in ORS 670.600 (2005), and as follows: A person is customarily engaged in an independently established business if any three of the following six requirements are met: 1. The person maintains a business location: a. That Is separate from the business or work location of the person for whom the services are provided; or, b. That Is In a portion of the person's residence and that portion is used primarily for the business. 2. The person bears the risk of loss related to the business or the provision of services as shown by factors such as: a. The person enters into fixed-price contracts; b. The person is required to correct defective work; C. The person warrants the services provided; or, d. The person negotiates indemnification agreements or purchases liability insurance, performance bonds or errors and omissions insurance. 4. The person provides contracted services for two or more different persons within a 12- month period, or the person routinely engages in business advertising, solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. S. The person makes a significant Investment in the business, through means such as: a. Purchasing tools or equipment necessary to provide the services; b. Paying for the premises or facilities where the services are provided; or C. Paying for licenses, certificates or specialized training required to provide the services. 6. The person has the authority to hire other persons to provide or to assist in providing the services and has the authority to fire those persons. cazg§is4vaH,!§a 21Sf'r n§v P g bn16®5 Cox and Melendy ATTACHMENT 1, Page 9 of 108 ATTACHMENT EXHIBIT "B" City of Springfield Public Contracts Conformance with Oregon Public Contractors Laws Puna.at in Oregon loo,e+et) public contract shall con lam the following candmonv I 1 Make Payment promptly,m due,to all persons supph1119 to the contractor Inboor material far the performance ofthe stork Pxm idedformthecontractORS27913120(1) 21 Pas all comilhuhons m amnunh due the Indu,(,aat Ac.,dmt Fund frotn the,. I...%a,or ah.onlmclor meuneJ In the P,,fomnaoce orihetunlradORS-'79B220121 Nnl Permit anv hen or claim In be filed or pmte,ared a¢anl,l the slate or a county.+choul duns municipality.m)motpal corporation in whdnt+ton thereof on..,count of any labor or material fum-hed ORS_'7413:^2(1131 41 Pay to the Department of Re, enue all gums x lthheld lmm employee.under ORS a 11167 ORS 219B 2_ 044) 5) Ifthe agreemem-for lawn and landscape manici tt It ehall emnl.m a condition requiring the contractor to salsage_rm),le, eompo. l or mulch>ad wall,material at an apl rmed.ife,Sfrasrhle and usbetYcell,c ORS 2790 225 b) prumpily ac due.malt:payment to.my perem,.op.mnarshtp,a.wI.Wam or corporation fmm,hmg medical. surgical and boyntalcareceteesoretherneededcareandmtrnuun,tne, dent Ni a,knes,or mjury,to the employe¢of the tonbado..of ail um, that the contractor agrees to pay for the sin ses and all money,and sun-that the ,oalmew,cmlle.led or deducted horn the wage,of anplo)ees under any law,wmrml or aVocluent ho the purpm.e of proytdmg m papng for the+enaco All canplovers shall complywnhORS65o017ORS179R230 71 A person may not he employed for more than w Iloun man)ooe day.or 40 hours m an)one neck,eicepi In cases of ne,e,sn},emergency or efi en the pubhe pnbcy ah+olutdy regmre+d.and m weh ernes.eecrpt m cases o(emntta.l.Cot prrsemal yen rtes desgnmcd undo URS:79d U%,the employee shrill he pall oI least ume anJ a hall pay al For all o,mime m toles of right hours n dat or to hours mans one week when the wort weal 1,lo,r .nsecun,, day,. or III For alloy rtone m e,cess of 10 hymn m son one day or aU hour,to an,one week soh.the,ar+k„ceL n four cnn,cculnc days Ffonda,through Friday,and el roc all work pedonned on Samoll,and on any legal holiday,pec,ied in ORS 2'9B 0.'0 An emplovef must gne nonoc m wrong to employees who work on a public mntra,l.either at the time of hoe of betorc sommeneemcnt of work on the contract,m fi hinging a notice m a location frequrnted by employee,,of the number of hour,per dalandday,per week that the employee.maybe requned to work ORS 2790 2?50 ryh S) It the agreentrm I,(err personal seramr+ the contras+hall asnmm a pros-son that the employee shall he paid o least ume and o halffarallo,cosine rooked rn eacros of40 hours m am.nc„cck,«ceps im mdn Idea is under personal smyres eonrrau,oho ate e,duded under ORS 653 Ulu m G5a_'61 or under 291'S f 2nl-spy from remnog.,mime ORS_17YLl 745(}) 41 Contracts!mr sin Ira must contem a prm-ton that rcgmre,that Pzrs.ns employe)undtt cont...r„hall recene at ka,l rime and half pay for woe,performed on the legal holidays specified In a calleclne bargatmng agoneane ,or in ORS 279B 02011 XbxT)-(W end(or all brae wmkcJ m excess of 10 hours m any one day or m e,cem of40 hours m any onewick „hnhe,cr rs ipeaty Emplayer shall Pp,<soiree m wiring m employ<es xbo,cod on a contras(m+rn Ices.other at the ume of hire or hefine sommencemrnt of xbd on the«iamcl,or by pmtmg a.1,ce in a location fra7uenied by employees.ofthe number hours per da)and den per reek that the employcc.maybcrcqutredtnwork ORS279B21951 If this lar"ment Is for.public impro.ement,the contract,h.11 contain the following conditions: 101 ASake payment pmnrptly,as Jac,to ell pecan.+upplpng In the con(m,1or la6ot m metenal Cu:the pedormantt of the wok pin,IdtJfonn[hecomm,i OM279(-5n5(Ilta) 11) P.Y.Il contnlamom.....worts due the Indu,tnal Acctderm Fund from the c.mrict.,or wbconIntact IncwTeJ in the performance of the ecmtiwl ORS 279C 50511Xb) 111 Not permit any hen or Oman to he Men or prveccuted agam,t the sale or a county,.chw1 distinct mumspahty municipal cmptaaton or.uldn faun thereof.mI account of am labor at ma.mal fumuhcd ORS 2740 51150 hc) 1?1 Pay to the Depanment of Re,mue all sum,wa lhhcld(rona ernplo)ea,under ORS 716 167 nRC.79C 505(l)(it) Ill 71,e comraolor+hall Jemmsstrate,het an rnrylvytie dog ta+nng prm¢mm u m plecc rIR5 2790 W1_11 CB IB i}s§9Pl lh n i Ii'E$h?b'fi/@14#?dY Pfi 7®®b 085 Cox and Melendy ATTACHMENT 1, Page 10 of 108 ATTACHMENT 1 S) if the im umcbr fads.neglects or refuses to make prompt payment of any claim for labor or sm ices fumsshed w the awasuctor m ubeommotar by any pcwm in connection with the public mup,o,emrm sarimi t as the claim becomes due,the prop.office,or officers m1m:ac tag the slate ar a county,school district,mums Pahty,muse pa) eorpormsem or subdoo rsnn thereat as llwe4'c may be,may pa)such chum to the per.fum,shumg labor or Ben ices and charge the amount ofthe payment against the funds,due or to become due the aonsum t bs reason of the eunuael Lithe connotes"or first-no suboantia,im fads. neglects or refuse,to male payment In a Pinson ferar hug luhur m materials in connection with The pubbc amprosement contract wathm 30 days after racipt of Payment from the contracting agency or a contractor,the contractor or fin-ti.subcontractor shall owe the person the amount due plus Interest charges,osamenang atthe end ofthe 10-day period that payment is due undo ORS 279C 580(4) ad is subject to a good faith dispute as defined in ORS_'79C 580 ifthe amuactor Ora subrontractor(ads,neglects ar refus,et to make payment Ina person furnishing labor ar malertals m connection with the pubhe rmino,crvmt contract, the parson may file a complaint with the Constmcuon(antmctors Board.unle,spayment is subject to a good faith dispute as defined in ORS 2790 580 ORS 279C 515 16) The pe)meni ofa clam does not rehcwv the cuntactor or the eonraeteri.surety from obligaitan wBh rcepeet to any unpaid claims ORS 2790 515(41 17) A pttson may not be employed for more Ihan I0 lsuurs m any one day,or 40 houo m an)one week.eaKpt In cases of neccasny. emergent)or when the public policy absolutely requires it,and in such cases-except in cases ofcontracts fapersonaIsm Kea de•mgnated under ORS 2799 100 the employee shall be paid at least hue mid a halfpay a) For all.,mime an excess of eight hunts a day or 40hours,in any one wack when the work week is the consmmne days,or, IsI For all os crane in e>.scis of 10 hours to anyone day or 40 hours in any one,eck when the work meck is four cons,eutoc days,hlondsy through Friday.and c) For all work performed on S3mrday and an any legal holiday spec,fled in ORS 2798 020 ORS 279C 5211(1) An employer shall gne mane[in wntmg to enspbyxes who w'mt on.public commit either at the time of hire or before commeuconent of wark on the contract.ur by posting a notice in a location frequented by employees of the number ofhours per dal and da)s per week that the employees ma)M required to work ORS 2798 520,2) 113I If The agreement is for personal sm,ces,the cs mmi shall contain a prat,stun that the employee shall he paid at leas)lime and a half for all scimme2s,o,ked on excess of40 hours in any one reek-except for nodn duals made,personal sin uses co mach x h0 are excluded under ORS 653 010 to 651 261 at under 29 U S C 201-209 from ices mg o,mime ORS 279C 52n(i) 19) Contracts for en, ec,must contain a prowision that requires that persons employed under contracts shall tree,ee at least time and hall pay lur work i+erfomsed on the legal holiday,spe thed m a coll" tivc bargaining agreement m in ORS 2279(540(1111,8B)-(G)and for all time,asked on excess of 10 hours in any eve day os in easee.a1`40 hours an tins one week,whmhes er is great. An employer shall gr,c moticc in wrung to employ res,ho n ask on a contras for sin so,either at the time ofhire or befmc cnmmencdnem of work nn the contact,or by poahvg a notice us a locsnm frequented by employees,of the nond,,of hours per day end dais per wrek that the eniplo,ac,eras he rtqu,md to,ark ORS 2790 520(5) 20) S,di,amon doeummis for a public,mpraw ement carbact shall make specific reference to federal,state and local agencies that has,, enacted ordmances.roles or regulations dealing wuh the pm soon ofanrrrnunental pollution and the pte,met asn ofmNral renurees that affect(be prdoratumm ofthe contract A solaa Malian daenment must also male special reference to known conditions at the can,rtuelmn site that may require the sua+nsful bidder to comply with the ordmanan,,roles or mgulatuans identified und.ORS 2790 52511) Ifthe successful budder.wOumeR n codmoo oat referred 10 to the..reflation documents,not caused by the uccc,,fu) bolder cod not d,sce crable by a reasonable prebid wmsual sole inspection,and the condition requires compharice withthe ordinances,rules,or regulations referred to under ORS 27K 525(1),the successful bidder shat]immediately gne notice of The emdns.+n to the.-amuacung sgrnc) The w,.cssPol hrddn may not csweavamae w+wk oar incur any edd,uonal job site inns m regard to the ovmdvi n encountered and d.,.I d m ORS 279 525(3n without mnmen dmccbon from the contacting agency ORS 279('5.25 I) Promptly,as due.make payment to any person,copartnership.association or corporation furnishing medical,suriwal and hospital sere sinones or other aceded care grid arzamum,m,vdemr to sackmess or mime,to ilae employees of the eonmaemr,ofall s,ums that the canua.or agrm,to pay to,the aca,, cs and s,0 moneys and..that the cmdraclm colic;n d in deducted must the raga of cmplo)ees under any tae.nmirael or egieensenl for thepusjpo.e ofpmstdmg orpaymg for the acnucs, All emploversshall comply nh ORS656017 ORS2790530 2T A canimet for pubhe works shall aantam a pm,rvoa stating the ex,mvg stoic pr ,admg rate and wage and,ifappluble.the federal preyadmg tale of ws,age reyuirtd Esers contract and subcomme(shall coniam a pmstunn that markers shall be paid not Ic.s than the Specified Minimum hourly rate of%see in accordance with ORS 279- 81x URS 279( 870(1) If this agreement is fordemolition,the comtaaH shall also contain the falloeing conditions 23) Conttaator must,ahage or mecyde caysut l,.end demolition dehns,if feamble ad cost-dfoctne ORS 2279('510(1) C82CfWs 'ignnmen?EeOahy,r''enVac o, PAMID90V1P Cox and Melendy ATTACHMENT 1, Page 11 of 108 ATTACHMENT ATTACHMENT 1 SCOPE OF SERVICES Act as the City Prosecutor pursuant to an independent contractor contract or other similar agreement administered by the City Manager, or the City Manager's designee. More specifically,the City Prosecutorshall I Authorize, File, prepare, and try major misdemeanor criminal cases, major traffic cases,and attorney-represented infraction cases. including those outside the usually criminal offense categories ( nuisance, zoning,building, licensing, and so forth),in the City of Springfield MunicipalCourt,and if appealed, in the Lane County Circuit Court first 2. Negotiate and settle cases prior to trial including yet not limited to pretrial conferences,and or settlement offers as a first step prior to settings of trial dates. Evaluate cases and provide discoverytodefendantsandtheirattorneys. Establish settlement policies to protect victims,obtain restitution, and recommend appropriate settlement penalties on defendants 3. Provide legal counsel and opinions to Police personnel concerning criminal matters potentially oractuallyunderSpringfieldMunicipalCourtjurisdiction. Advise the Police Department of changesinstatutoryandcaselawasthey affect Policc procedures 4 Provide advice and information to Springfield citizens regarding criminal law generally and theapplicabilityofCityordinances, with referral to other agencies as appropriate 5 Provide legal advice to the City Council and City Manager on criminal matters and draft Cityordinances G Be responsible for the City Prosecutor's budget, including the preparation of proposals and authorized expenditures within appropriations 7. Maintain office hours in the office space provided by the City Monday through Friday gam—5 pm and staffed with Prosecutor present from 9 30 a.m.to noon,Monday through Friday and when attorney trials are scheduled Be available for arraignments and other matters on Mondays and other hours during the week such that satisfactory service is provided to the public, city staff, andotherswhointeractwiththeCityProsecutor, The City Prosecutor will provide monthly time records of the amount of time expended The compensation will be reviewed annually, and may be adjusted according to time to be expended on the basis of an annual performance evaluation g. Employ all secretarial and clerical support necessary to effectively carry,out the work of the CityProsecutor's Office 9 In order to provide the City Prosecutor access to the Tegtonal Law Enforcement Data System LEDS) and maintain the system's security and imegriiv. the City will provide office space, mhardware, computer records management software and office supplies in the Justice Center for the Cih' Prosecutor and support staff at no charge.The City Prosecutor will be required to ensure that all staff members who access or run LEDS records are able to complete and obtain LEDS certification, re-ecrtify as required LEDS and otherwise comply with all LEDS requirements Failure to comply with LEDS requirements would result in denial of access to the LEDS system C8 1? i1s4ei rr> nd3mnenititA'ny°ufl"a 91i,uY P$§@9APil b@5 Cox and Melendy ATTACHMENT 1, Page 12 of 108 ATTACHMENT 1 10. In the event that back up prosecutor services are required resulting from conflict of Interest, workload,scheduling or other issues the City Prosecutor will secure those services from the City Attorney's Office unless conflict of Interest, workload, scheduling or other issues preclude the City Attorney's Office from providing those services Performance Standards Submit quarterly reports which include data and/or narrative related to the following information- Attorney Cases Scheduled in Court, Cases Resolved,Average Number of Days Cases Remain on Docket, and Documents Prepared,and number of cases resolved prior to day of trial The above information should be provided for the existing quarter and in a format that compares the existing quarter to previous quarter and the same quarter for the previous year. Conclusions regarding trends and actions which need to be taken regarding trends should be provided in a written narrative 1. Propose and implement where appropriate cost containment measures and process improvement with regard to prosecution in the City of Springfield Municipal Court As a stakeholder in the criminal justice system,participate in change processes as the Springfield Police Department and Springfield Municipal Court continues to move towards near-paperless processes. As funding and opportunity arises, this will include participation in changes pertaining to a new City Prosecutor computer records management system. 2 Maintain professional and harmonious working relationships with the Springfield Police Department, Municipal Court, City Attorney's Office, City Manager's Office,and public 3 Arrive at meetings and trials on time and respond to all phone calls in a timely fashion,normally within 24 hours or sooner in the case of emergencies, 4. Advise the City Attorney's Office of potential civil liability on the part of the City as it may pertain to the prosecution function. 5 Stay abreast of statutory and case law concerning matters ofpotential prosecution in the Municipal Court Advise the Police Department and other city offices as appropriate. 6. Submit a monthly itemized record of the time and services provided under this contract (City will provide a template for the data.) Additional metncs to evaluate services will be agreed upon by both City and Independent Contractor upon commencement of services. 7 Submit billings under this contract to the City on a monthly basis. R Maintain good standing with the state and local bar associations. 9 Meet with the City Manager or his/her designee monthly. ca i4 is4sn19,1it3Et rfgwY3'd ZL4 y P'a2bald@5 Cox and Melendy ATTACHMENT 1, Page 13 of 108 ATTACHMENT ATTACHMENT2 LEAI-R',VAN VACTOR COX&MFITNDY,LL1 Attorneip at Law 188 West B Street,B.ading N Springfield,Oregon 97477 541)746-9621 541)746-4109-Fax RFQ# 740 Municipal Court Prosecutor Services City of Springfield C82C8F rste rhi en menl Ceahy°n ecto dY Cox and Melendy ATTACHMENT 1, Page 14 of 108 ATTACHMENT 188 WBTBkSNWt 8trlg N Matthew j Cox SpnngReld, OR 97477-4500 Patrick S Melendt t I i Mart Bridget Smith S41)746-9621 Kav Hide-Patton 4 ; I FAX(S41)746-4109 Tailor Murdoch Joseph J. Leahi, Of Counsel Bill Van Vactor, Of Counsel May 24, 2012 City of Springfield Attn: Jayne McMahan, Sr. Management Analyst Finance Department 225 Fifth Street Springfield, OR 97477 RE: RFQ# 740 Municipal Court Prosecutor Services Dear Ms. McMahan: The law firm of Leahy, Van Vactor, Cox& Melendy, LLP thanks the City for allowing us the opportunity to submit this letter of qualifications. Leahy, Van Vactor, Cox & Melendy, LLP is an established law firm located in Springfield, Oregon. Although our firm has seven attorneys, attorneys Matt Cox and Patrick Melendy would be the two primary Springfield Municipal Prosecutors with 2nd year associate Taylor Murdoch as a backup. Other firm attorneys including Mary Bridget Smith would be available to cover prosecution duties on occasion if necessary. All attorneys of the law firm are members of the Oregon State Bar in good standing. The firm also has an agreement with the University of Oregon School of Law which provides 2 law student externs each semester including summer term as municipal law clerks. CONTACT INFORMATION: Firm Name: Leahy, Van Vactor, Cox & Melendy, LLP Mailing and Physical Address: 188 West B Street, Building N Springfield, OR 97477 Telephone No: 541-746-9621 Fax No: 541-746-4109 Tax PayorID: 93-0700427 PRIMARY CONTACT: Matthew J, Cox, Partner Cell: 541-510-7569 Email: mjc@emeraldlaw.com RESIDENT BIDDER/LICENSING: Leahy, Van Vactor, Cox & Melendy, LLP is a currently licensed limited liability partnership, licensed to do business through the Oregon Secretary of State's office, C82q ?IAkn'XefMyoH2%818ndy P ePg4;PS6g5 Cox and Melendy ATTACHMENT 1, Page 15 of 108 ATTACHMENT ATTACHMENT City of Springfield May 24, 2012 Page 2 Registration No. 825313-94. Leahy, Van Vactor, Cox& Melendy, LLP is a "resident bidder" per ORS 279A.120(1)(b). This proposal includes the following: 1. Response to Application Questions per RFQ Attachment 2; 2. Documentation in support of proposal; 3. Signed Attachment 4 - Authorization to Legally Bind Bidder; and 4. Signed Attachment 5 - Minority Women Emerging Small Business Form MWESB). Our goal is to provide effective and efficient prosecution services to the City that is responsive to the City's needs, The proposal presented herewith responds to the City's RFQ and outlines our firm's strengths for providing prosecution services to the City. The firm's partners have read and understand the RFQ and this proposal is made in accordance with it. Sincerely, LEAHY, VAN VACTOR, COX & MELENDY, LLP Matthew I Cox, Partner Patrick S. Melendy, Partner Mary Brl'get Smith, Partner Kay Hyd Pa on, Partner WC:rdd CB21 Leh V n V ddor,Co and endy 5C821FirstFrrrencmenLeahy,/an Vadior, Pa096 PS69 Cox and Melendy ATTACHMENT 1, Page 16 of 108 ATTACHMENT ATTACHMENT Question 1: Describe your experience with criminal law processes. Our firm has extensive experience in criminal law with particular expertise in municipal prosecution. Matt Cox began his legal career as an Assistant District Attorney at the Lane County District Attorney's Office and currently contracts with the City of Eugene to handle cases as a prosecutor in Eugene Municipal Court. Our newest partner Patrick Melendy currently is the City Prosecutor for Junction City and Oakridge in addition to experience in the Cottage Grove, Sutherlin and Florence Municipal Courts. Mary Bridget Smith has past municipal court experience in her previous position as an Assistant City Attorney with the City of Yakima, Washington and Taylor Murdoch has experience working in the Springfield Municipal Court. Matt x: As a Prosecutor: Twelve years experience with evaluating police reports and fling misdemeanor and felony charges; Plea bargaining and negotiation with defense attorneys and pro se defendants of misdemeanor and felony cases of all degree, including misdemeanor traffic and assault cases as well as minor infraction cases; Establishment of settlement policies for instance standards for first, second, third DUII or reckless driving cases; Communicating and preparing of criminal cases with victims, witnesses and police officers; Working with victims, court staff, municipal prosecution staff and police officers to obtain and collect restitution on behalf of victims; As assistant DA for Lane County and Eugene City prosecutor, have provided legal counsel and opinions to police personnel regarding criminal matters especially pending cases during motion to suppress processes; Violation, misdemeanor and felony trial practice including hundreds of bench trials and jury trials tried to completion including on appeal from Municipal Court to Circuit Court. As a Defense attorney: On behalf of a divorce client, handled a charge of Assault IV which went to jurytrialatLaneCounty Circuit Court In 2006; On a behalf of client, negotiated settlement of criminal drug charges in Polk County Circuit Court in 2006; and At United States Federal District Court in Eugene, Oregon defended clients charged with environmental Impact crimes concerning unpermitted river bank restoration in 2011. Cef119i}s45 n4't1neYfflti@art;!MRdJ>99RIWY P909650Pti695 Cox and Melendy ATTACHMENT 1, Page 17 of 108 ATTACHMENT ATTACHMENT Patrick Melendy: As a Prosecutor: Junction City Municipal Prosecutor (July, 2007 to present): Evaluation of police reports and filing misdemeanor charges and select violation cases including nuisance abatement and code enforcement matters. Post judgment show cause and probation violation matters including actions forcontemptofcourtfornon-payment of court fine obligations. Worked with police, court and municipal probation officer to hold offenders accountable after judgments are entered. Police trainings and maintenance of Prosecution News & Update - intended as an online blog with updated information regarding current Case law, DUII cornerinformationand search and seizure issues. Oakridge Municipal Prosecutor (July, 2006 to present): Evaluation of police reports and prosecution of select actions in Oakridge Municipal Court to include FTA ("Failure to Appear' on violation proceedings andContemptofCourt actions to hold offenders accountable after the Oakridge Municipal Court lost services previously provided by the Lane County DistrictAttorney's Office and the Justice Court System. Training with Oakridge P.D. and availability to field calls from officers regardingcurrentandongoingcases, investigation and prosecution. Cottage Grove Municipal Court Prosecutor (January 1 2000 until June 1 2007): Evaluation of police reports, consultation with officers and witnesses, negotiate with defense counsel, work with court staff and municipal judge to successfullyprosecute misdemeanor crimes in the City of Cottage Grove. As a Defense Attorney: Sutherlin Municipal Court (indigent defense contract 2001 to present) Retained defense work in both State and Municipal Courts throughout the StateofOregon. As a Civil Attorney: Extensive experience in the arena of civil litigation including both FAPA and Stalking Protective Cases where the interplay of civil and criminal law is significant. Taylor Murdoch: Attorney Murdoch has substantial experience with criminal law for an attorney who has recently been admitted. During the summer of 2011, attorney Murdoch worked as the pro tem City of Springfield Prosecutor where he successfully tried DUII cases as a courtcertifiedlawlawstudentwhilestillinlawschool. CB2C ,8 i,t m"en eahy°fan"`actb dy P Foi M 665 Cox and Melendy ATTACHMENT 1, Page 18 of 108 ATTACHMENT ATfACHMENT2 Prior to law school, attorney Murdoch worked at the Louisiana Capital Assistance Center, a non-profit law firm dedicated to providing the highest quality of criminal defense work to indigent clients facing the death penalty throughout the deep south. During his time there he worked as an investigator and clerked on several capital murder cases. Currently, attorney Murdoch practices some criminal defense law with jurisdictions outside of the Eugene/Springfield area. Mary Bridget Smith: Before coming to Springfield, attorney Smith started her legal career as an Deputy District Attorney for Yakima County prosecuting cases in the Yakima County District Court. She worked for the.Clty of Yakima where she continued her prosecution practice focusing on DUI, theft, Domestic Violence cases in Yakima Municipal Court which is similar to Springfield in that both cities have a municipal jail. Currently she fills in for attorney Melendy at Junction City Municipal Court when he is unavailable. C82W#90&XRX?N%h.° ffil 1h dy PJ NTJ;MdR5 Cox and Melendy ATTACHMENT 1, Page 19 of 108 ATTACHMENT ATTACHMENT Question 2: Describe your background, including the number of years in prosecution work and litigation experience. Describe any specific experience in Municipal prosecution. Include a statement describing why are you qualified to perform the work outlined in this RFQ and detailing the proposed approach to performing this work. Matt Cox: Background: Attorney Cox became interested in criminal law with an emphasis on criminal prosecution during law school. After his first year of law school, he worked as a full time law clerk for the US Attorney's office in Eugene, Oregon (summer 1996). In the summer of 1997, he worked for the Jackson County District Attorney's office in Medford, Oregon. His dudes included legal research and writing as well as trial work (5jurytrials). He was hired as a full time Assistant or Deputy District Attorney for Lane County in September 1998 upon admission to the Oregon State Bar. Attorney Cox worked as a full time Deputy District Attorney at the Lane County District Attorney's office from September 1998 until April 2004 (6 years) in the Criminal Division. He Handled primarily a misdemeanor case load from 1998 until 2002 whereby upon promotion he began doing non-violent felony cases including drug cases, burglary cases, car theft, etc. From April 2004 to current, attorney Cox has been employed full time at the Leahy firm whereby he has focused his practice on litigation including domestic relations litigation, contract and tort litigation including multiple civil jury trials on both plaintiff and defense side. He was hired as a Municipal Court Prosecutor for the City of Eugene in January 2007 (5 years). That contract continues at present. Specif c Experience in Municpal Prosecution: For attorney Cox, a specific experience that has continued to stand out regarding municipal prosecution concerns an assault case following a road rage incident which attorney Cox prosecuted the case that went to trial in 2006. The victim suffered fairly serious injury and was very concerned about testifying/facing the accused. After successfully convicting the defendant at Municipal Court iconductingsentencing, obtaining restitution, etc., the victim has stayed n C over the following years, It has been an eye opening experience for attorney Cox to talk to the victim as the years go by and to understand how the road rage and assault incident continues to be a major incident and circumstance of the victim's life. Ouaiifications to Perform the Work Outlined in RFQ: During the seven years at the Lane County DA's office, attorney Cox received extensive training in DUII prosecution including DRE training at an academy in Salem, domestic violence training specialized including training in Salem, working with victims and witnesses as well as search and seizure training. The five years spent working for the Eugene City Prosecutor's office have provided substantial on the job training concerning Municipal Court case load management case load settlement policies and speaking with victims and witnesses about misdemeanor Municipal Court crimes. One of the transitions that was necessary to achieve from the DA's office to working in Municipal Court was the scope of the work concerning level of crime/level of offender For Instance, many of the cases fled in Municipal Court would be no-filed or not brought in Circuit Court. The DA's office focus was on dealin with serious offenders creatin9 criminal records for serious offenders CBYTF1rs4er n endrfien L ahy, i IoPdY P?d@a 695 Cox and Melendy ATTACHMENT 1, Page 20 of 108 ATTACHMENT 1 ATTACHMENT2 and putting them in prison where applicable to protect the public, Attorney Cox's experience in Municipal Court with many cases has lead him to understand the importance of what he now calls livability crimes. These can include Criminal Trespass, Consumption, Theft III, etc. These are crimes that have substantial impact on people's lives but are often overlooked or given short attention by felony and/ or major crime prosecutors when such crimes are compared to things such as Burglary, Arson, Rape, Robbery, Kidnaping, Murder, etc. Working with victims, witnesses and police officers in regards to livability crimes and their importance to the community has given attorney Cox a great appreciation of how positive an impact successful prosecution of such livability crimes can have on a community. Patrick Melendv: Specifc Experience in Municipal Prosecution/Litigation: Junction City Municipal Prosecutor (July 2007 - Present). Oakridge City Municipal Prosecutor(July 2006 - Present). Cottage Grove Office of City Prosecutor (January 2000 - July 2007) City of Sutherlin Indigent Defense Contract (2001 - Present) 15 years experience with criminal defense in State and Municipal courts throughout the State of Oregon. 15 plus years civil litigation experience Qualifications to Perform the Work Outlined in the RFO: Fifteen (15) plus years arguing cases to judges and juries. Nearly twelve (12) years experience as a municipal prosecutor in multiple jurisdictions. Springfield City resident and property owner since 1997. Proposed Approach to Performing Springfield Prosecution Work: If awarded this contract, our firm would work with the court, jail and police to implement a system that will result in cases being handled in a consistent and efficient manner. We are passionate about the role a municipal court plays in preserving the quality of life in a community and believe the Springfield Municipal Jail can play a significant role in keeping defendant's accountable because, in cases where a jail sentence is appropriate, citizens of Springfield will know that there will be consequences for unlawful behavior, More specifically, our approach will include a prosecutor being present at arraignments. The purpose of this system is to give the defendants an offer to settle their case before it is set for trial. This method has proved to reduce indigent defense costs because many cases can be resolved before a court appointed attorney Is appointed. Further, it is appropriate for many cases in Municipal Court that do not rise to the level of requiring a substantial penalty such as a long jail sentence. This way, the cases involving repeat offenders, serious safety risks such as a repeat drunk driver can be given more focus because cases involving less serious situations are already resolved. In addition, we are interested in establishing a trial status review hearing approximately 35 days after C8J18 irs4e.rhi 2ndmenJ C°xVanVaolondY Pad 2d'S 6g5 Cox and Melendy ATTACHMENT 1, Page 21 of 108 ATTACHMENT A17ACHMENT2 arraignment. These kinds of status hearings help keep a case moving forward because it requires the parties to work on their case before the trial date and allows the court to limit the number of times a case is reset. Although our firm has several attorneys with prosecution experience, our plan is to have attorneys Cox and Melendy as the lead attorneys for the Prosecutor's Office and attorneys Murdoch and Smith would assist as needed. C821Rst rhi nVE nnV°eahyoxan Vacloidy PaP a2 0oQf S Cox and Melendy ATTACHMENT 1, Page 22 of 108 ATTACHMENT ATfACHMENT2 Question 3: Submit an up-to-date resume(s). Also, include proof that you are licensed to practice law in the State of Oregon and are an active member in good standing with the Oregon State Bar. Resumes of attorneys Cox, Melendy, Murdoch and Smith are attached. Proof of all firm attorney active membership and good standing in the Oregon State Bar are attached. cajj4?s45 ndi enTqahy an`Ua^llFdy Ppd@ ibN885 Cox and Melendy ATTACHMENT 1, Page 23 of 108 ATTACHMENT ATTACHMENT Question 4: What steps will you take as Prosecutor to assure that violators are prosecuted to the full extent of our community's standards? Vertical Prosecution: We will ensure that police reports are thoroughly reviewed at the outset by a prosecutor who will be able to determine if it is appropriate to file criminal charges. The same prosecutor will handle the case during the pretrial phase and if appropriate, negotiate a plea bargain. If the case is not resolved, then it is set for trial, Vertical prosecution has two main benefits. First, it creates accountability for the prosecutor because that same person must see the case through from start to finish, As a result, there is more incentive to thoroughly evaluate the case in the beginning of the process. The second benefit is efficiency. Once a criminal case is filed, a whole administrative process is put in motion that includes court staff time, police overtime, issuing subpoenas and preparing for trial. Vertical prosecution saves on the costs associated with this process because of the practice where every case is filed and then the weaker cases are weeded out later, only the stronger cases are filed. Consistent Sentencing Practices: Our firm would strive to have a consistent sentencing policy that is fair, tough, just and consistent with our community standards. Contempt Filings: When a prosecutor files a contempt filing in a criminal matter, it allows the court to enforce the defendant's fine payment obligations because the defendant is required to come to court and explain why they have not paid their fines. Our firm has had success with this process in Junction City and Oakridge Municipal Courts and if awarded this contract, would like to implement the same practice. See attached forms for reference. We believe this practice is consistent with the values of, the community of Springfield where voters have demonstrated that they support law enforcement and believe offenders should be held accountable for their actions. See contempt forms attached. Prosecutor Involvement at Probation Violation Hearings: Attorneys from our firm would attend probation violation matters and make recommendations when defendants fail to comply with the requirements of their court mandated probation. Similar to contempt filings, this practice ensures accountability and deters further criminal conduct because defendants learn that if they fail to comply with probation they are subject to sanctions including jail time. Springfield Municipal Jail: Unlike many cities, Springfield has a municipal jail that provides an important component to effective law enforcement. Our firm believes that, where appropriate, a jail sentence can deter further criminal activity and help Springfield in its goal to reinvigorate downtown. We understand the purpose of a municipal jail as opposed to a county or state facility as a means to enforce misdemeanor crimes and would incorporate jail sentences into our sentence recommendations on a consistent and appropriate basis. Another function of the municipal jail is its role setting pretrial release conditions for defendants because the court can now impose bail and hold a defendant in custody CO lYft YCi`MYil19AyD nd9' [W1'dy PRag8°S2gf16* Cox and Melendy ATTACHMENT 1, Page 24 of 108 ATTACHMENT 1, Page 25 of 108 ATTACHMENT ATTACHMEN7 2 until that person provides the bail set by the court, or in circumstances where the defendant fails to appear for a subsequent court hearing the court can issue a warrant and once the police find the defendant that person is held in custody. Our firm would have a prosecutor available to make recommendations on bail and warrants using factors such as whether the person is a flight risk, previous criminal history and the seriousness of the event charged. C82 ER nbf11 N EiD3h,°Z7a1S'g'L4l4i^dY P4 fW0 5 Cox and Melendy ATTACHMENT 1, Page 26 of 108 ATTACHMENT 1 ATTACHMENT Question 5: Please discuss fully your philosophy pertaining to pretrial settlement processes, plea bargaining and/or trials and how you would applyitinthisposition. Municipal court prosecution involves dealing with a high volume of cases and pretrial settlement and plea bargaining can be an effective way of resolving cases and reducingcourtcostsiftheyarehandledcorrectly. For example, some cases should not go totrialbecausethefactualbasisissostrong or the offense is relatively minor andoffenderiswillingtoresolvethecaseearly. In this circumstance it makes sense to resolve the case with a plea bargain early in the process without putting a lot of time and effort in trial preparation. By Instituting a practice where a prosecutor is present at arraignment and the status review hearing, we believe we can identify the cases thatshouldsettleearlierintheprocess. Attorneys at Arraignment/Offers Made: Through his work in Cottage Grove andJunctionCity, attorney Melendy developed the system where defendants are given an offer to settle their case at arraignment. Our experience in handling arraignments inthismannerhas been that many cases are resolved at the arraignment for the samelevelofpenaltyaswouldhave been achieved after a public defender or retained attorney had been hired by the defendant, discovery has been copied and received, and subsequent hearings have been held. This process also reduces indigent defense attorney fees and municipal court staff time. Not all cases will or should resolve this way, but it is an effective method for dealing with the high volume of cases that occurinamunicipal court. See packet of forms attached. It is important to note that in this process both the court and the prosecutor inform thedefendant about their right to an attorney and offers are only given after the defendanthassignedanattorneywaiverexpressly stating they wish to waive their right to an attorney. The offer will be made by the same attorney who filed the charges and is already familiar with the case. Such offers need to be firm but fair and take into account the severity of the crime and the offender's criminal history, If the defendant isinterestedintaking the plea at that time, they are provided with the appropriate paperwork and a plea is entered at the same court proceeding. TSRs135 Day Call: The second phase for cases that do not resolve at arraignment would be a TSR (trial status review) hearing usually 35 days after arraignment. A firm attorney would always staff TSR hearings. The firm's policy with TSRs would be that only attorneys or pro se defendants who absolutely want and were prepared for trial would file a trial report. If necessary, a second TSR hearing can be requested. Once atrial report is filed, the defendant's opportunity to plea out the case is waived unless under circumstances where the City Prosecutor's office still wants to settle. c6fii40eNdfiWA91@'arSP.xA7MM Y pRaga234?f1W Cox and Meiendy ATTACHMENT 1, Page 27 of 108 ATTACHMENT ATTACHMENT Question 6: What steps would you take to assure a timely resolution of cases, staff requests and related matters? Timely Resolution of Cases: We would work with the Municipal Court and Court staff to review the current court calendering system as it relates to arraignments, status reviews, and trial settings to see if Improvements can be made and improve the current DOD" (days on docket) statistic. In addition, we will make suggestions for the implementation of a paperless discovery system whereby all police reports, photos, stop videos, audio recordings, etc. are transmitted to our office electronically thereby saving staff time and cost. We believe that by going paperless this will save time and money for all departments involved. We are currently using a partial paperless system in Junction City and we would work to revise and improve the system for Springfield. Plea Offers Waived with Trial Report Filing: Up-front offers to settle need to be maintained throughout the course of a case whenever possible. To explain, it is not in the City's best interest to start the bidding on a Criminal Mischief II misdemeanor at 15 days jail up front but as trial approaches with a semi weak case to work with, the offer gets better for the defendant Including less jail or no jail, etc. We have found this to be an ineffective way of resolving cases early. Defense attorneys pick up on this and will often work to string things out knowing that their offers will get better. Furthermore, providing discovery as quickly as possible to defense counsel and setting deadlines regarding settlement offers would be a process we would use to resolve cases quickly. This cuts down on Indigent defense fees. TSR 35 Day Call: We would work with the Municipal Court to establish a TSR/35-day call docket. Following arraignment, cases not settled would be set for TSR (trial status review) approximately 35 days later. If any pretrial motions were to be filed by the defense, they should be filed by TSR date. Pretrial motions would take place on the morning of trial so as to prevent SPD officers from having to be available on more than one setting. This also saves on indigent defense costs. Restitution/Victim Letters: Notices to victims would be handed out at the point of first contact by SPD. See sample letter attached. Setting a time limit for restitution responses ensures that cases do not need to be set over which is a costly and time inefficient process. Staff Requests: Staff requests would be handled in as expeditious a fashion as possible. We would work diligently and corroboratively with the Municipal Court, SPD and City staff to provide effective and efficient services, ce i}kSnY}AeY,"c@Rr y°RR 9€lSPdy PSG§bP b@5 Cox and Melendy ATTACHMENT 1, Page 28 of 108 ATTACHMENT ATTACHMENT: Question 7: Now would you describe the role of City Prosecutor and its relationship to the Court, Police Department, victims, witnesses and thecommunity? Court: The City Prosecutor's relationship with the Municipal Court should be one of mutual respect and collaboration. The City Prosecutor and the City Prosecutor's officemusthaveeffectiveandopencommunicationwithCourtstaffconcerning scheduling,discovery, and trial status. If awarded the contract we recommend having monthlymeetingswithCourtstaffasawaytodiscusssomeofthe changes such as the status review hearings and going paperless as a way to ensure the operations involving theMunicipal Court and the City Prosecutor are run efficiently. Police Department: The City Prosecutor works corroboratively with SPD to provide legaladvicethatwillenablethemtodotheirjobcorrectlyandwithintheboundsofthelaw.This includes staying up to date on changes in the law and keeping SPD informed ofthosechanges. The City Prosecutor is also a gate keeper between SPD and theMunicipalCourtinregardstodecidingwhatcharges should be filed with each individual case. The City Prosecutor in this role can and often does find itself in a situation whereitmaybetellingSPDofficersthatcharges will not be filed or that more investigation isneeded. This can have to do with a wide variety of issues including search and seizureissues, suppression of evidence, and plea bargaining issues, The City Prosecutor musthaveastrongworking relationship with SPD because although the City Prosecutor andSPDareonthesameteam, there may be times when the City Prosecutor must actindependentlyfromSPDwhenevaluatingacaseor recommending a change inprocedure, Victims and Witnesses: The City Prosecutor's relationship with victims and witnesses can be complicated because while they are integral to the process they are not theProsecutor's client. The City Prosecutor has different roles in regards to victims and witnesses on a case by case basis. For instance, if witnesses are hostile to the City'scase, the City Prosecutor's role is to make sure the witnesses understand their responsibilities and the pitfalls of failing to comply with subpoenas and/or the consequences of giving false testimony. Many victims and witnesses that the CityProsecutor's office deals with can be reluctant to be involved. The City Prosecutor's roleistocommunicateeffectivelywithallvictimsandwitnessessothattheCity's case ispresentedinthemosteffectiveandsuccessfulmannerpossible. Community: The City Prosecutor needs to hear and listen to the people of the City itserves. A large part of our approach is that our prosecutors will be at the courthouse conducting arraignments and hearings and present during office hours so we can beavailabletomeetwiththe public every day. Community members often show up atthesehearingsandhavequestionsforCitystaffwhichsometimestheprosecutorisbestabletoanswer. Our approach will be that the community is our client. We will focus on not onlyholdingoffendersaccountablebutalsoprovidingcrimevictimsand witnesses with theassistanceand sup ort they need, Everyone we come into contact with in our role asC89R,r M%7 X8AYACte,a WJ C4gfldy Fade d9r lid Cox and Melendy ATTACHMENT 1, Page 29 of 108 ATTACHMENT ATACHMENT2 prosecutor will be treated professionally and respectfully. Defendants being sent to the Springfield Jail and their families will know we were tough adversaries but that we were fair and respectful. C841 Leahy,Van Vatlor,Co and Melendy Sao 470P,105C82 First Amendment Leahy,/an actor, Pa E 8 OB Cox and Melendy ATTACHMENT 1, Page 30 of 108 ATTACHMENT ATTACHMENT Question 8: Describe the approach you would use to communicate and coordinate with Prosecution Office staff, defense attorneys, victims, and theMunicipalCourtStaff. Office Hours: Attorneys Cox, Melendy or Murdoch will be available for office hours at the Justice Center location Monday through Friday. It will be an Important part of our approach to communicate face-to-face with Prosecution Office staff, defense attorneys, victims and Municipal Court staff at the Springfield Justice Center everyday. Phone: An attorney from the firm will be available during business hours from 8:00 a.m. till 5:00 p.m. Monday through Friday to communicate with City Prosecutor staff, defense attorneys, victims and Municipal Court staff. One complaint we have heard about some municipal prosecutor offices is that the defense attorneys struggle to get a hold of the prosecutor. We would ensure phone calls are returned on the same day orwithin24hours. A paperless file system would allow for the timely response to a phoneinquirybyany of our attorneys. Email: We have found communicating as prosecutors with defense attorneys can be effectively accomplished with the use of email. Email creates a written record of discussions including plea negotiations. We use email almost as much as telephone to communicate regarding prosecution cases. Municipal Court Staff: We plan on being present every day in the Municipal Court to ensure a high level of contact and communication with Court staff, SPD and the public. Our current staff does a professional and effective job with communicating with all of our clients and this would continue with the communication with the Municipal Court staff victims, defense attorneys, etc, Current City Prosecutor Staff: We are open to retaining one or more of the existing CityProsecutorstaffiftheyareinterestedandwefeeltheyareagoodfittoworkwith. Contact and interviews would happen immediately. Whether with our existing firm staff or with current City Prosecutor office staff, we will staff the Justice Center CityProsecutor's office Monday through Friday, 8:00 a.m. to 5:00 p.m. Our Reputation: Our firm's attorneys have an earned reputation of being honest, fair and hard working regarding our cases and the attorneys who work on the other side of our cases. We enjoy communicating with defense attorneys and negotiating cases.Our objective Is to be a tough adversary and advocate for our clients but pleasant todealwith. Victim : We will communicate with victims directly by phone and in person at our offices and at court. If SPD is not able to provide a victim notice form during theincidentcall, then one of our staff members will be In charge of sending victim notices out in appropriate cases early on in the criminal process, usually at or near time of arraignment. See sample victim notice attached. C821 Leahy,Van Vactor,Cox and Melendy Pa 2g (1 U0105C821FirstAmendmentLeahy,Van Vactor, Pagc 29 o Cox and Melendy ATTACHMENT 1, Page 31 of 108 ATTACHMENT ATTACHMENT Question 9: As Prosecutor, how will you handle subpoenas, discovery and related public disclosure requests Subpoenas: To save SPD time, we will attempt to draft and serve subpoenas for officers at TSR settings. Otherwise, subpoenas in most cases will be served by SPD to the witnesses. In cases where witnesses are out of the area, we can mail or even email subpoenas, however, a prosecutor will want to verify that the witness is cooperating. See Junction City Subpoena form attached as an example. Discovery: We will work to establish an e-discovery paperless program for the City Prosecutor's office as we have done with the ]unction City office. Persons requesting hard copy discovery will be so provided. Retained attorneys will be charged a reasonable fee for discovery. Public Disclosure Requests: Our office has extensive experience in dealing with public disclosure requests. We already handle many of the public disclosure requests that are received by SPD. C821 Leahy,Van Vactor,Cox and Melendy Page 29 of 105 C821 First Amendment Leahy,Van Vactor, Page 30 of 106 Cox and Melendy ATTACHMENT 1, Page 32 of 108 ATTACHMENT ATTACHMENTI Question 10: The City strives to continually improve internal processes. Please discuss what your philosophy is regarding how technology might improve your processes, Please include your ideas on improvements that can be made in the criminal justice system (stakeholders such as Police, Courts, Criminal Defense Attorneys, forensic service providers, etc.) from your personal observations and/or experiences in dealing with criminal case work. Paperless Prosecution: One of our firm goals if awarded the Prosecution contract would be to go to a nearly paperless practice within 6 months. We would purchase IPads for our attorneys who would be attending arraignments and TSR hearings. The files, including file notes, offers, etc., would be placed in drop files for easy retrieval on the IPads. Attorneys could put notes from these hearings on to these files as the hearings progress. As mentioned earlier, we would work the Municipal Court and SPD to go to a paperless discovery process. Therefore, hard copy files would only be created upon a case not having been settled at arraignment or TSR and proceeding to trial after the filing of a trial report by a defense attorney. Cell Phones/Email: Being able to communicate directly with defense attorneys at all times on cell phones/IPads via direct phone contact and email or text messages speeds up the process in settling cases. Since our firm provides cell phones to its partners, we have no problem providing our cell phone numbers to the defense bar. Opinion Memos Notebook and Computer Files: Our firm would draft opinion memos and/ or legal research memos on criminal matters for SPD. These would be kept in an organized notebook and computer file at our office and be available for our clients. They would become part of our client's file. C821 Leahy,Van Vactor,Cox and n4elendy Page 30] 05C821FirstAmendmentLeahy,Van VaCtOr, Page 31 o 06 Cox and Melendy ATTACHMENT 1, Page 33 of 108 ATTACHMENT ATTACHMENT2 Question ii: If not using the office space, hardware,computer records management software provided by the City, discuss your plans for providing a network system that can interface with the City system to provide for the transmission of e-mail, documents, spreadsheets and any necessary billing data. Use of City Prosecutor's Office Space at Springfield Justice Center: We would plan on using the office space provided at the Justice Center, We believe that would be an integral part of our presence for the community, the Municipal Court and SPD. Our needs would likely be less than the current system and it may be unlikely that we would need to interface with the current City system. We would likely need access to LEDS through the City system but that should be accomplished easily. We believe that the close proximity of our current office to the Justice Center will help with our transition plan (we are only 3 blocks away). 0821 Leahy,Van Vacw Cox and Melendy Page 01 of 105 C821 First Amendment Leahy,Van Vactor, Page 32 of 106 Cox and Melendy ATTACHMENT 1, Page 34 of 108 ATTACHMENT ATTACHMENT Question 12: What level of availability would you have to Police department and other staff during both working and off hours? Office Hours: Attorneys from the firm will be available to SPD and other staff includingMunicipalCourtstaffduringallbusiness hours from 8:00 a.m. to 5:00 p.m, and often times until 6:00 p.m. Monday through Friday. We will have attorney office hours at theJusticeCenterProsecutor's office Monday through Friday, 8:00 a. m. to noon. As mentioned earlier, our proposal is that an attorney from this firm will attend all arraignment and TSR hearings in an effort to resolve cases expediently. Officers would be encouraged to drop by during office hours or arraignment/TSR times to discuss matters of concern. We would meet with officers after normal business hours for trial preparation whenever necessary. SPD Training: This firm's proposal also includes attorney training of police officers on a quarterly basis or as requested by SPD. Attached find an outline titled SPD Municipal Prosecution Training which describes the subject matter of proposed training including: DUII training; Controlled substance or DIRE cases; Search and seizure training; Domestic violence training; Protective order training including FAPA, stalking orders, etc.; Evidence collection Trial preparation (testifying/cross examination) Both attorneys Cox and Melendy have conducted trainings for police officers. We have found this to be beneficial not only to the officers but to the prosecutors as well. The interactive process of discussing specific situations with officers including situations which happen out on the street and in courtrooms are very helpful to talk through for both the officers and the prosecutors. If we were to obtain the City Prosecution contract, training would be a vital and consistent part of our annual workload. After Hours Cell Phone Contact: As part of this proposal, attorneys Cox and Melendywillalsoofferto carry cell phones which are provided by the law firm to the attorneys partners. All SPD officers would be encouraged to contact either attorney Cox orMelendywithpolicelegaladvisoryquestionsonmisdemeanorcases, Calls would be answered whenever possible and if either attorney Cox or Melendy were unavailable, then a voicemail message would be returned at the next possible opportunity directly totheofficer. Email: Officers would have our work email addresses. Therefore, officers could email or text us even late at night (for instance graveyard patrol) and emalls will be returned as soon as possible and no later than the next day. Blog: Please see a sample of our prosecution blog (copy attached). This blog was started by attorney Melendy in his work with the Cottage Grove Police Department andC821Leahy,Van Vactor,Cox and Melendy Page 32 of 105C821FirstAmendmentLeahy,Van Vactor, Page 33 of 106 Cox and Melendy ATTACHMENT 1, Page 35 of 108 ATTACHMENT ATTACHMENT later the Junction City Police Department. We try to put new cases that would be of interest to the police community up on the blog with short summaries. We have found this to be a helpful tool especially with younger officers who are used to being online and/or looking at this type of information on their cell phones. The blog is interactive. Officers can post questions which we will respond to. Younger officers often seem more inclined to post a question to our attorneys than to call or come in for an office visit. C811gFi'rsNrcY2nornen? q%4OVanV ejendy PagRe3d OF1065 Cox and Melendy ATTACHMENT 1, Page 36 of 108 ATTACHMENT ATTACHMENT2 Question 13: Provide three references who can be contacted for confirmation regarding your past experience and quality of services in Municipal Court Prosecution. Include contact name, current phone number and email address. Matt Cox: Dan 8arkovic Eugene City Prosecutor 915 Oak Street, Suite 310 Eugene, OR 97401 541) 682-8414 See the Letter of Reference attached, Eugene Municipal Court Judge Marc A. Spence Spence &Sabitt, LLP 975 Oak Street, Suite 700 Eugene, OR 97401 541) 343- 9909 Patrick Melendy: Honorable Gary Carl 48175 E. 1" Street Oakridge, OR 97463 541) 782-4000 0821 Leahy,Van Vector,Cox and Melendy Pa fC821FirstAmendmentLeahy,Van Vactor, Pa9N 1p1Uti Cox and Melendy ATTACHMENT 1, Page 37 of 108 ATTACHMENT ATTACHMENT2 Question 14: Please submit a proposed schedule of fees and costs you would be seeking as compensation. (Final agreement will be negotiated under an independent contract or other similar agreement.) Our firm will provide exemplary municipal prosecution services for the City of Springfield at a significant savings, Savings will be realized not only though the budget for the Office of the City Prosecutor but also savings in your current indigent defense budget. Municipal Prosecutor Budget: The FY12 budget is currently set at $232,776.00. We offer a twenty-percent (20%) cut or $46,555.20 right off the top and bid Prosecution Services for $186,220.80. Out of that amount we would provide for all support staff needed to effectively assist with the Office of City Prosecutor. Indigent Defense Budget: The FY12 budget for indigent defense is currently 186,000.00. We propose the implementation of a system of"front loading" offers to criminal defendants thereby drastically cutting down on costs for court-appointed attorneys. Attorney Melendy has used this procedure in both Cottage Grove, Junction City, and Oakridge municipal courts. In many Circuit and municipal courts throughout Oregon, criminal defendants are typically appointed attorneys at the time of arraignment and prosecutors have little or no contact with the defendant during that time. This typically creates a system where significant money is spent on criminal defense attorneys when, in reality, defendants may be willing to plead guilty to their charged offense if they were simply asked if they thought a certain plea negotiation was fair or not? Prior to implementing our system, we would meet with the Municipal Court judges to discuss our proposed system, In our system, we would staff an attorney at every criminal arraignment and make offers to settle cases with any criminal defendant who did not already have an attorney and voluntarily wanted to talk to us. Before attorney Melendy started using this procedure in 3unction City Municipal Court, the budgeted amount for indigent defense services in 2006 was $23,500.00. In 2007 the actual amount spent on indigent defense services was $14,525.00, nearly a forty-percent 40%) savings in less than one-year. As a sampling, we researched the budgeted and actual defense attorney expense in Junction City Municipal Court between 2006- 2010. Those amount are as follows: Year Budget Actual 2006 23,500.00 22,512.00 2007 20,000.00 14,525.00 2008 25,000.00 6,412.00 2009 20,000.00 6,185.00 2010 10,000.00 7,370.00 Although, we would have no actual control over the budget for indigent defense services in Springfield Municipal Court, we are confident that significant savings would C8 Iii}st nyreXl 8Sh?*/gRdAtt8idy PdgvtAf5691 Cox and Melendy ATTACHMENT 1, Page 38 of 108 ATTACHMENT ATTACHMENT2 flow from the Implementation of our system. After the successful implementation of this system the indigent defense budget should stabilize as it did in Junction City, Athreeyearaveragebetween2008-2010 of indigent defense services comes to7,323.00 which is nearly a sixty-eight (68%) cut in the actual amount spent in 2006, the year before the system was implemented. See documents provided by JunctionCltyFnanceattached. We believe we could cut the indigent defense budget in Springfeld Municipal Court byuptofifty-percent within the first two years. Estimated savings from the existingindigentdefensebudgetareasfollows: FY12 budget 186,000 200/c savings 37,200 35% savings 65, 100 50% savings 93,000 If our estimates are correct, and we can achieve a 50% savings in indigent defense costs, we believe we can save the City of Springfield annually (between both budgets),139,555.20 within two years. C8 18FiiSteRVdnCPmnyV?thy,°dn ac 6i°y PaPg P lb@5 Cox and Melendy ATTACHMENT 1, Page 39 of 108 ATTACHMENT ATTACHMENT Question 15: Please submit a transition plan that includes - timing, roles and responsibilities. Leahy, Van Vactor, Cox & Melendy, LLP Transition Plan: July 2012: Attorneys Cox, Melendy or Murdoch will attend all arraignments and implement the new arraignment plea offer policy. In addition, we will start working with Municipal Court to institute the 35 day review hearing procedure and a method for transmitting discovery materials such as police reports and citations electronically. Trials Scheduled July 1st-15th: Any trials that were previously set for early July 2012 would be immediately evaluated by attorneys Cox or Melendy. If the trial is one whereby little preparation is necessary and neither attorneys Cox or Melendy have a conflict, the trial would stay on schedule; otherwise, we would ask the court to postpone the trial for approximately month so we can properly prepare. Any trials scheduled after July 15 will remain on the docket as scheduled, Filino/Offers: Attorneys Cox and Melendy will do all of the initial filing intake and attorney Murdoch will work in to this rotation under supervision by attorneys Cox and Melendy, Note: Attorney Murdoch has already worked at the City Prosecutor's office as a backup and done case review, filing and one DUII trial. Training: Within the calendar month of July 2012, our office would speak with SPD command in regards to implementing a training schedule. The bldg would be posted and made known and available for all SPD personnel. SPD officers would also receive email and cell phone contact information of attorneys Cox and Melendy to promote open lines of communication and/or police legal advisory matters on misdemeanor matters. Current Firm Staff: Our firm has four full time legal assistants who would all be required to provide some assistance in regards to the City Prosecutor's office if we were awarded the contract. This would include: answering phones, e-discovery, hard copy discovery, scheduling, trial preparation, running criminal history reports, editing and monitoring of spreadsheets concerning necessary billing and statistical data regarding cases handled, outcomes, etc. Note: our staff already does this type of work for us for other clients concerning billing and reporting monthly workload. Firm staff would help us prepare monthly reports to submit to the City. Robyn Dougherty would become our City Prosecutor's Office Victim's Assistance contact person. Retention of Current City Prosecutor's Office Staff: We are open to retaining up to the equivalent of one full time staff member from the current City Prosecutor's office. This will mean we would have direct communication with the current staff members of the City Prosecutor's office to see who was interested and who we were interested in hiring. We are open to having one or more of the current City Prosecutor's office staff retained on a long term basis. There will be a smooth transition regarding phone calls, discovery, trial preparation, etc. Ce 144t1S1 n!> YP @afy°S RNd€P dY P$gpq9gbWd®` Cox and Melendy ATTACHMENT 1, Page 40 of 108 ATTACHMENT ATTACHMENT2 Monthly Reports to City: By the end of July 2012, and continuing each month thereafter, our firm would provide a detailed report to City management including: billing breakdown, hours billed by each attorney and explanation of work performed for each attorney; cases described: fled, settled, trials/hearings, dismissals, outcome/results. Meeting with Municipal Court and City Management: By the end of July 2012 and continuing at least monthly thereafter, City Prosecutor attorneys would meet with Municipal Court representatives to discuss practice and procedure to allow open communication and efficient operation. Semi-annual Meetings Between City Prosecutor Attorneys and City Management: Discussion topics could include: review of monthly reports, efficiency measures, budget, etc. Transition to Paperless Prosecution Practice: Our goal is for all of our City Prosecutor attorneys to work towards a near paperless system. We would set a goal of 6 months or by January 1, 2013, for a near paperless Clty Prosecutor attorney practice. IPads: We would purchase 2 or 3 IPads. Our City Prosecutor attorneys would use these IPads for arraignment and TSR hearings. City Prosecutor staff would create drop box flies for each hearing and the attorney attending the hearing would put any file notes directly into the specific files drop box. CB i}te, nd Re r<@ar(y°,'b R`2EIPP,dy P9f48AQhN Cox and Melendy ATTACHMENT 1, Page 41 of 108 ATTACHMENT ATTACHMENT Question 16: Provide any other information you believe is important or relevant to the RFQ. Civil Forfeiture: Our office would propose to SPD that misdemeanor civil forfeiture could be utilized on select cases. See attached outline explaining the civil forfeiture process. We would meet with SPD command to see what their level of interest would be in this practice. The practice would be used selectively on targeted individuals. CONCLUSION: In conclusion, we want it to be clear that this is not an outpost assignment for us. The Springfield City Prosecutor's contract will not be used as a training ground for our firm's young lawyers to be cycled through to obtain experience before being promoted. Attorneys Cox and Melendy are veteran prosecutors who want to conduct the Springfield Prosecution work out of a commitment to the City of Springfield and pride in SPD and because they truly enjoy the work of a criminal prosecutor. We have the experience as prosecutors, the energy and desire to put in the hard work to ensure the Springfield City Prosecutor's office is an exceptional department. We believe our cost containment measures as described in the RFQ can speed up the criminal action process in the City of Springfield and save the City significant dollars while obtaining justice and prosecuting offenders to the full extent of the law. We plan to live, own property and work in Springfield for the long term. C821 isFArn htlmenffeahy,oNn VacSor, PagFRQT 010 5 Cox and Melendy ATTACHMENT 1, Page 42 of 108 ATTACHMENT 1 ATTACHMENT 2 RESUMES OSB ACTIVE STATUS/GOOD STANDING Cl Leahy.Van VactoT.Co and Molendy Page 40 of 105C821FirstAmendmentLeahy,Van Vactor, Page 41 of 106 Cox and Melency ATTACHMENT 1, Page 43 of 108 ATTACHMENT ATTACHMENT MATTHEW J. COX 188 West B Street, Building N Springfield, OR 97477 541) 746-9621 EMPLOYMENT HISTORY Leahy, Van Vactor, Cox & Melendy, LLP, Springfield, Oregon Associate Attorney from 4/04 to 6/30/07. Partner from 7101107 to current. City Attorney for the City of Springfield, In-house counsel for the Springfield Utility Board, general civil practice with emphasis on litigation including domestic relations and criminal prosecution. Contract Prosecutor for the City of Eugene, Eugene, Oregon Contract Municipal Court Prosecutor for the City of Eugene since January 2007 prosecuting misdemeanor cases. Duties include courtroom trial days of one per month plus plea bargaining, probation violations and criminal motion practice, 2 - 3 hours per week. Lane County District Attorney, Criminal Division, Eugene, Oregon Employed as Assistant District Attorney from 9/98 - 4/04, duty included: start to finish handling of several hundred misdemeanor and felony cases per year, responsible for; filing or non filing of charges, plea bargaining, victim and witness management, legal motion practice, trial, sentencing and probation violation matters. Jackson County District Attorney, Criminal Division, Medford, Oregon Summer of 1997, law clerk in criminal division (5 jury trials completed). United States Attorney, Eugene, Oregon Summer of 1996, legal research and writing, assisted with trial preparation and prosecuted violation matters, Marketing Director - Retail Sales Department, Parsons Pine Products, Inc., Ashland, Oregon. Employed full time from 9/93 - 3/95, marketing and retail sales department. EDUCATION University of Oregon, School of Law, Eugene, Oregon, 1995 - 1998 J.D. May 1996, Oregon State Bar, member in good standing since 9/ 98 University of Oregon, Eugene, Oregon, 1989 - 1993 B.A.; Major - Political Science, 2 + years of University Spanish Flagstaff High School, Flagstaff, Arizona - graduated 6/88 LANGUAGE/EXPERIENCE AND HOBBIES High School and University Spanish Ice Hockey River Rafting C821 Leahy,Van Vactor,Cox and Melendy Page 41 of 105 C821 First Amendment Leahy,Van Vector, Page 42 of 106 Cox and Melendy ATTACHMENT 1, Page 44 of 108 ATTACHMENT 1 ATTACHMENT Patrick S. Melendy 188 West B Street, Building N Springfield, OR 97477 541) 746-96u psm@emeraldlaw,com EMPLOYMENT HISTORY Leahy, Van Vactor, Cox & Melendy, LLP, Springfield, Oregon. Of Counsel with the firm from 10/11 to 12/11. Partner from 01112 to present. Civil practice focusing on litigation including family law, real estate and estate planning. Currently serves asJunctionCityMunicipalProsecutor (since 2007) and Oakridge Municipal Prosecutor (since2006). Current contract with the City of Sutherlin to provide indigent defense services. Ackley, Melendy & Kelly, LLP, Cottage Grove, Oregon. Partner with the firm from January 1, 2001 to October, 2011. Civil litigation practice and municipal prosecution/ defense. Melendy & Kelly, LLP, Cottage Grove, Oregon. January 1, 2000 to December 31, 2000, Genna &Associates, Cottage Grove, Oregon. Associate Attorney, February, 1997 toDecember, 1999. EDUCATION University of Oregon, School of Law, Eugene, Oregon, J.D., 1996. Western Oregon University, Monmouth, Oregon, B. S., History, Magna Cum Laude, 1993. Gonzaga University, Spokane, Washington, Summer law fellowship, Summer 1992. Central High School, 1989. INTERESTS Music (drums, piano, guitar) Hiking (South Sister, Mt. Shasta, Mt. Thielsen, Diamond Peak, Broken Top, Mt. Whitney)Reading NETWORKS Oregon State Bar Lane County Bar Association Springfield Chamber of Commerce South Valley Business Networking International Cottage Grove Hospital Foundation Board of Directors C821 Leahy,Van Vector,Cox and Melendy Page 42 of 105C821FirstAmendmentLeahy,Van Vector, Page 43 of 106 Cox and Melendy ATTACHMENT 1, Page 45 of 108 ATTACHMENT ATTACHMENT Taylor Layne Metteer Murdoch 797 ]anus Street, Springfield, OR 97477 • (541) 746-9621 • tlm@emeraldlaw.com PRESENT WORT( Leahy,Van Vactor, Cox & Melendy LLP, Springfield, OR 2011-present Associate Attorney Law practice focused on litigation, including family law, real property disputes, land use, & administrative law. Assistant City Attorney for City of Springfield Springfield City Prosecutor pro teem, Springfield, OR August 2011 Filed complaints, reviewed police reports, signed warrants WORK EXPERIENCE Leahy, Van Vactor & Cox LLP, Springfield, OR 2008-2011 Law Clerk Drafted memoranda, motions, & pleadings; researched legal issues for Springfield City Attorney's Office, Springfield Utility Board, City of Eugene Prosecutors Office & numerous private clients Springfield City Prosecutor's Office, Springfield, OR December 2009-May 2010 Court-Certified LawStudent Successfully prosecuted DUII trial in Springfield Municipal Court Oregon Department of Justice, Salem, OR 2009 Legislative Session Law Clerk& Special Assistant, Office ofthe Attomey General Provided legal research & drafted legislation for the Attorney General Louisiana Capital Assistance Center, New Orleans, LA 2006-2007 Law Clerk& Capital Caseworker Investigated & clerked for cases involving indigent capital defendants & Indigent defendants facing charges related to the aftermath of Hurricane Katrina Portland State University, Portland, OR 2003-2005 University Studies Mentor; Research and Academic Support City of Springfield, Springfield, OR Summers 2001, 2002 Public Works Summer Intern EDUCATION University of Oregon School of Law, Juris Doctorate 2010 Volunteer Income Tax Assistance ( VITA) Program Director Portland State University, Bachelor of Arts, English 2006 Oregon Laurels Scholar University per Stranieri di Siena, Siena, Italy Winter 2006 SERVICE &COMMUNITY INVOLVEMENT Springfield Bicycle & Pedestrian Advisory Committee 2011-present Springfield Chamber of Commerce 2011-present Springfield City Club 2011-present GV? olunteer Attorney, Lane County Senior Law Service 2011-present C8218Fiislerrrtsen rnenVeahy/an VacordY Pag ed4 01'1065 Cox and Melendy ATTACHMENT 1, Page 46 of 108 ATTACHMENT ATACHMENT 2 MARY BRIDGET SMITH 1441 Ranchwood • Eugene, Oregon 97401 • (541) 525-1981 • stuartmary@)msn.com EDUCATION Seattle University School of Law Juris Doctor, May 2002 California Maritime Academy Bachelor of Science, Business Administration, May 1994 PROFESSIONAL EXPERIENCE Leahy, Van Vactor, Cox & Melendy, LLP, Springfield, Oregon Partner, 2012 - present Local Government Law, Real Estate, Land Use, Employment Law Leahy, Van Vactor & Cox, LLP Springfield, Oregon, 2007 - 2011 Associate Attorney, 2007 to present Local Government Law, Real Estate, Land Use, Employment,Law City of Yakima Legal Department, Yakima, Washington Attorney tI, Criminal Division, November 2004 to June 2006 In addition to prosecutorial duties, advised other city departments and police officers in the filed on legal issues, trained police officers on search and seizure procedure, researched public disclosure requests, served on public safety committees, assisted judges and city prosecutor in developing new structure for public defender system in municipal court. Attorney I, Criminal Division, July 2003 to November 2004 Prosecuted misdemeanor crimes in municipal court involving theft, driving under the influence, illegal drug use and domestic violence. Responsibilities included conducting witness Interviews, case preparation, arguing pretrial motions, managing congested court dockets, writing and arguing appeals in superior court and jury trials. Yakima County Prosecuting Attorney's Office, Yakima, Washington Deputy Prosecutor, August 2002 to July 2003 Prosecuted misdemeanor crimes in District Court division SeaRiver Maritime Incorporated, Houston, Texas Third Mate, October 1994 to July 2003 Responsible for bridge and cargo watches, supervised docking and undocking operations, trained other ship personnel on safety matters, piloted ship through highly congested ship traffic areas in Europe and Asia. BAR MEMBERSHIPS Oregon State Bar Association, January 2007 Washington State Bar Association, October 2002 C821 Leahy,Van Vactor,Cox and Melendy Pape 44 of b 5C821FirstAmendmentLeahy,Van Vactor, Peg O 4 0 1 Cox and Melendy ATTACHMENT 1, Page 47 of 108 ATTACHMENT i19l12 Welcome 10 the Oregon Slate Bar Online ATTACHMENT2 Oregon Bar 05B Membership Directory N.biimh Refine Uiirch Matthew Joseph Cox Dar Humber 982000 Staty Pcbw ember Adm It Date 10211999 Company Leahy Van Vector Cox B W Andy LLP Mailing Address Matthew Joseph Cox LeahyVan Vector Cox&lAetendy 188 W B St Bldg N Springfield OR 97477 County Lane Phone 541746-9621 Fax 5417464109 Email mlc@emeraidlaw cum Website www emeraldlaw.com Disciplinary History Date Sanctions Details Source rib Disciplinary Sanctions for the Mermer Sanction Definitions Reprimand:Aform of disciplinary action that declares a lawyers conduct to be Improper,buldoes not resmctor limit Vie lawyers ability U practice law.usually because Vie misconduct is not particularly aggravated or serious. Suspension:Atorm of dlsciplmary action that prohibits a lawyer from pracbang law fora penod of bme The Iengn of suspension may range from 30 days to five years, depending on the nature oflhe lawyer's misconduct. Probation:In some cases,a lawyer whose conduct warrants a disciplinary suspension may nevertheless continue to piactice law,provided the lawyer complies with terms of probation for a period cfbme. Disbarment:The permanent removal of a lawyer from the pracke of law in Oregon,due to the extreme nature ofthe lawyer's misconduct Resigned-Alawyerwho resigns from the Oregon State Sarwhlle a Disciplinary-disciplinary investigation orproceeding is pending forfeits his or her right to ever practice law in Oregon again This is a summary of Information from 1991 to date Contact tree Public Records Coordinator for additional mfemiation: disciolmeonw biZboslxar.om 503.431 6394,toil-free in Oregon 800.4 52.8260 x 394 c6W14tei@hih4flACLIbb Sj?'t/e4P WIP Y PS A@16 Pr1 ` my osba r orgrrrR%0rA%sp%=982000&s=19aw=11 ATTACHMENT 1, Page 48 of 108 ATTACHMENT r!9/12 Welcome to the Oregon State Bar Online ATTACHMENT Oregon . Bar OSB Membership Directory N.56arch Win,Srarelr Patrick S Melendy Bar Number 970807 tatue Active Member Admit Date 4/1511997 Company Leahy Van Vector CoxS Melendy LLP Mailing Address Patrick S Melendy LeahyVan Vactor CexB Wendy 188 W B St Bldg N Springfield OR 97477 County Lane Phone 541746-9621 Fax 541746-4109 Enlall Psm@emeraldlaw_com Website www emeraldlaw com Disciplinary History Date Sanctions Details Source W Dsciplinary Sanctions for this Wnber Sanction Definitions Reprimand Aform of drsciplinaryaction that declares a lawyer's conduct lobe Improper,but does not restrict or limit the lawyers ability to practice law,us ually beca use(he misconduct is not particularly aggravated or serious Suspension:Aform of disciplinary ection(hat prohibits a lawyer from pracacmg law for a penod oftime.The length of suspension mayrenge from 30 days to Eva years, depending on the nature of the lawyer's miseonducL Probation.In some cases,a lawyerwhose cenductwarrants a dibciptinarysuspensron niaynewrtheless continue to practice law,provided the lawyer compbes with(arms of probaton for a period orbme Disbarment:The permanent removal of a lawyer from the practice of taw in Oregon,due to the extreme nature of the lawyer's misconduct Resigned-A lawyer who resigns from the Oregon Slate Bar while a Disciplinary:discrphnaryinvestigaton orproceedmg is pending forfeits his or her right In ever practice law In Oregon again This Is a summaryof information from 1991 to date Contact the Public Records Coordinator for additional information iti c'olineonweb(cfosbar arq rr;; 22 1 503 431 6394,toll- free in Oregon 800 452 8260 x 394 C8;Wi stteFaa' Vfinenjffihy Ian a a{dy osbar orgCa®a oeY3Jr6 r espnb=9708078s=1Haw= 1/ ATTACHMENT 1, Page 49 of 108 ATTACHMENT tl9l12 welcome to the Oregon State Bar Online ATTACHMENT2 Oregon Bar OSB Member6hip Directory New 5.vnh Roane E"rah Taylor L M Murdoch Bar Number 111307 StatuE PcOw Member Admit Date 51612011 Company Leahy Van Vector Cox&Melendy LLP Mailing Address Taylor L M Wfdoch Leahy Van Vector Cox&Melendy 188 W B SI Bldg N Springfield OR 97477 County Lane Phone 541746-9621 Fax 541746-0109 Email Um @emeraldtaw com Webslte www.emereldlaw.com Disciplinary History Date Sanctions Details Source W Disciplinary Sancbons for Ih6 Wnber Sanction Definitions Reprimand: Aform of disciphnaryection that declares a lawyer's conduct to be improper,but does not restrict or limit the lawyer's ability to practice law,usually beta us a the misconduct is not particuladyaggrevated or serious. Suspension:Aform of disciplinary action that prohibits a lawyer from practicing law for a penod of bme The length of suspension mayrange from 30 days to fiw years, depending on the nature of the lawyers misconduct Probation'In some cases,a lawyerwhose conductwarrants a disciplinary suspension maynewrtheless continue to practice law,proeded the lawyer complies with terms of probation for a penod of time Disbarment,The permanent removal ota lawyer tom the pracbceol law In Oregon due to the sAteme nature of the lawyer's misconduct Resigned•Alawyerwho resigns from no Oregon State Bar while a Disciplinary:dlsciplinaryinwstlgation or proceeding is pending forfeits his or herdght to ever practice law in Oregon again. This is a summaryef hnlormehon horn 1991 ID date Contact the Public Records Coordinabr for additional Information discloline nwebftosbaroro 503.431.6394,loll-tree In Oregon 800 452.8260 x 394 8 1 e h Ian V tor,Cox and Melendy PaRl oP1065 mw osbar org C82 firs n m b.eahy ran Vector, peg 1! ATTACHMENT 1, Page 50 of 108 ATTACHMENT 19112 welcome to the Oregon State Bar Online ATTACHMENT2 Oregon Bar OSB Membership Directory lwv axarN Refinx Srxren Mary Bridget Smith Bar Number 070299 Statu6 Acltve Wmher Admit Date 11312007 Company LeahyVan Vactor Cox&Melendy LLP Mailing Address Mary Bridget Smith LeahyVan Vactor Cox&Melon ly 188 IN 8 St Bldg N Springfield OR 97477 County Lane Phone 541746-9621 Fax 541746-4109 Email robs @emeraldlaw com Webslte www.emeraldlaw,com Disciplinary History Date Sanctions Details Source No Dsciplinary SancOons for]his Weber Sanction Definitions; Reprimand:Aform ofdisciplinary action ihatdeclares a lawyer's conduct to be improper,but does not restrict or limit the lawyers abihly to practice law,usually becausa the misconduct is not particufadyaggravated or serious Suspension:Aform ofdisapllnaryaclion Nat prohibits a lawyer from practicing law for a period of time The length of suspension may range from 30 days to five years. depending on the nature of the lawyer's misconduct Probation- In Some cases.a lawyer whose conduct warrants a disciplinary s us pension may nevertheless continue to practice law,provided the lawyercomplles with terms Of probation for a period of time Disbarment:The permanent removal of a lawyer from the practice of law in Oregon,due to the extreme nature oflhe lawyer's misconduct Resigned-A lawyer who resigns from the Oregon State Bar while a Disciplinary:disciplinary investigation or proceeding is pending forfeits his or her right to ever practice law in Oregon Again. This is a Summary of information from 1991 to Bete Contact the Public Records Coordinator for additional information Msctplineonweb(alosbar org 503 431 6394,toll-free in Oregon S00 452 8260 x 394 C821 Leahy.Van Vactor Cox and Melendy pa VIM,C821 First Amendment Leahy,Van Vactor, Pa ia' m 0 xw osbar crgljpxrabdrWdleploy asp?b=070299&s=1&air- I/ ATTACHMENT 1, Page 51 of 108 ATTACHMENT I . J9112 Welcome to the Oregon Stale Bar Online ATTACHMENT2 Oregon o Bar l Membership Directory N.rsi re.nri.s..ru Joseph J Leahy Bar Number 700835 Status Acme Member Admit Date 1011211970 Company LeahyVan Vacter Cox B Melendy LLP Meiling Address Joseph J Leahy Leahy Van Vector Cox&Melendy 1 BB W B St Bldg N Springfield OR 97477 County Lane Phone 541 746-9621 Fax 541746-0109 Ernst( 111@emeraldlaw_cum Website www.emeraldlaw corn Disciplinary History Date Sanctions Details Source Pb Disciplinary Sanctions for the Member Sanction Definitions Reprimand: Aform ofdisciplinary action that declares a lawyer's conduct to be improper,but does not restrict or limit the lawyers ability to practice law,usually because the misconduct is not particularly aggravated or serious Suspension:Aform of discipimaryaction that prohibits a lawyer from practicing law for a penetl oftime The length of suspension may range from 30 dii to five years, depending on the nature oftie lawyer's misconduct. Probation:In some rases,a lawyer whose conduct warrants a disciplinary suspension maynevertheless continue to practice law,provided the lawyer complies with terms of Probation fora period oftme Disbarment:The permanentremoval of a lawyer from the practice of law in Oregon.due to the wdrame nature of the lawyer's misconduct Resigned-A lawyer who resigns from the Oregon State Bar while a Disciplinary:disciplinary investigaton or proceeding is pending forfeits his or her nght to ever practice law in Oregon again This is a summaryof information from 1991 to date Contactthe Public Records Coordinator for additional information discmlineonweb(a)esbef om t 503 44311 6394,loll-lree in Oregon 800 452 8260 x 394 C82C1 irstf n men eeehy, an Vacjondy vw osbar orgtnfllr rtfy(4LMH1USyesp b=7006358s=18ah+—1/ ATTACHMENT 1, Page 52 of 108 ATTACHMENT J9112 Welcome to the Oregon Slate Bar Online ATTACHMENT2 Oregon Bar OSB Membership Directory N-w 3nrah Stvr William AVan Vactor Bar Number 753751 Statue Acute Member Admit Dale 9/19(1975 Company Leahy Van Valor Cox& Melendy LLP Mailing Address William A Van Vactor Leahy Van Vactor Cox&Melendy 188 W B St Bldg N Springfield OR 97477 County Lane Phone 541 746-9621 Fax 541746-4109 Email bw@emeraidlaw cam Wehsite www.emeraldlaw cam Disciplinary History Date Sanctions Details Source lib Dsc:plmary Sanctions id thei Member Sanction Definitions Reprimand Aform of disciplinary action that declares a lawyers conduct to be improper,but does not restrict or limit the lawyers ability b practice law,usually because the misconduct is not particuladyaggrav ted or serious Suspension:Aform of disaplinaryacuon that prohibits a lawyer from practicing law for a period of time The length of suspension may range from 30 days to fire years, depending on the nature of the lawyer's misconduct Probation. In some cases,a lawyer whose conductwarrents a disciplinary suspension may nevenhetess continue to Practice law,prodded the Jawyercomplies with terms of probation fora period of time Disbarment:The permanent removal of alawyer from the practice of law in Oregon,due to the extreme nature of the lawyer's misconduct Resigned-Alawyerwho resigns from the Oregon State Bar while a Disciplinary:disciplinary investigation or proceeding is pending forfeits his or her aghl to ever practice law in Oregon again This is a s um mery of information from 1991 to date Contact the Public Reoord3 Coordinator for additional information dis ciolineonwaboos bar org 503 431 6394,loll-free in Oregon 800 452 8260 x 394 C821 Leahy,Van Vactor,Cox and Melendy Pa e551 1 Qf t0.5C821FirstAmendmentLeahy,Van Vactor, Fag o I ne osbai org/@WlS 1 i"Mg[d7y25p7b=753751&s=1&aw=1r ATTACHMENT 1, Page 53 of 108 ATTACHMENT 79112 Welcome to the Oregon State Bar Online ATTACHMENT Oregon Bar OSB Membership Directory Nar search ii search Kay Hyde-Patton Bar Number 033467 StatU¢ Active Member Admit Date 9262003 Company LeahyVan Vector Cox&Melendy LLP Mailing Address Kay Hyde-Patron LeahyVan Vector Cox&Melendy 188 W B St Bldg N Springfield OR 97477 County Lane Phone 541 746-9621 Fax 54174E-4109 Email krip@emeraldlaw com Website www.emeraldlawcom Disciplinary History Dale Sanctions _ Details Source Na Disciplinary Sanctions for the:Member Sanction Definitions Reprimand:Aform of disciphnaryacllon that declares a lawyer's conduct to be improper,but does not restrict or limit the lawyer's ability tu practice law,usually because the misconduct is not pareculadyaggrar led or serious Suspension:A form of disciplinary action that prohibits a lawyer from practicing law for a period of time.The length of suspension may range from 30 days to file}ears, depending on the nature ofthe lawyers misconduct Probation:in same cases.a lawyer whose conduct warrants a disciplinary suspension may nevertheless continue to practice law,provided the lawyer complies with terms of probation for a period oftime- Disbarmenb The permanent removal of a lawyer from the previce of law In Oregon, due to the extreme nature of the lawyers misconduct Resigned-A lawyer who rah xgns from the Oregon State Bar while a Disclpllnary7 disaphnarymvesligation or proceeding is pending forfeits his or her right to ever practice law in Oregon again This is a summaryof information from 1991 to dale Contact the Public Records Coordinator for additional information. dis ciollnsonwebOosbar om 503 431 6394,toll-free in Oregon 800.452.8260 x 394 C6116F1'rS4eRlffd Ilril 4ieanY° M(ontly P$9W10P3bg5 vw osbar orgAhKrtmt5Ntuphihasp?b=033467&s=1&aw=it ATTACHMENT 1, Page 54 of 108 9 ATTACHMENT J ATTACHMENT iY j 11 s+ J CONTEMPT FORMS q A1 4 C621 Leahy,Van Vactor.Co> and me!enoy Pal,52 of 105C821FirstAmendmentLeahy,Van Vector, Page 3 of 106 Cox and Melendy ATTACHMENT 1, Page 55 of 108 ATTACHMENT ATTACHMENT2 2 3 4 IN THE MUNICIPAL COURT OF THE CITY OF SPRINGFIELD FOR THE COUNTY OF LANE, STATE OF OREGON s 6 CITY OF SPRINGFIELD, Docket No. 7 Plaintiff, COMPLAINT OF CONTEMPT 8 vs. SEEKING PUNITIVE SANCTIONS 9 10 Defendant. 11 The City of Springfield, by the undersigned City Prosecutor, hereby charges the 12 above- named defendant with willfully disobeying an Order or Judgment entered on 13 on the above-entitled Court in case number 14 which required the defendant to pay fines and fees in the amount of$ plus 15 a show cause fee $ added, payable in monthly payments until paid in full, with 16 a balance owing of $ for which contemptuous acts or omissions the City 17 seeks imposition of the following punitive sanctions: 18 Confinement for a period not to exceed 30 days, or confinement not to 19 exceed one day in jail for every $25.00 of fine owed, whichever Is less. 20 This Complaint is based upon ORS 33.105 to 33.155, ORS 137.126, ORS 161.685, 21 LJTC Chapter 19, and the Affidavit attached hereto and incorporated herein. 22 Endorsed for prosecution by the City Attorney. 23 DATED this day of 20_ 24 25 City Prosecutor 26 PW NGFIELO CITY PROSECUTORSOFFICE 1 P Svee: 6Frm e1E Oregon Sall]&9d]I 1Pa e 1 - COMPLAInN., tT OF CONTEMPT SEEKING PUNITIVE SANCTIONS C8 1rs4 nom""en°8 hjanVaE°lgi,dy papa lf 695 Cox and Melendy ATTACHMENT 1, Page 56 of 108 ATTACHMENT ATTACHMENT2 I 2 3 4 IN THE MUNICIPAL COURT OF THE CITY OF SPRINGFIELD FOR THE COUNTY OF LANE, STATE OF OREGON 5 6 CITY OF SPRINGFIELD, Docket No. 7 Plaintiff, AFFIDAVIT IN SUPPORT OF 9 vs. COMPLAINT OF CONTEMPT- SEEKING PUNITIVE SANCTIONS 9 iu Defendant. 11 STAT E OF OREGON ) ss. 12 County of Lane 13 I, having been duly sworn, depose as follows: 14 I am a duly appointed clerk with the above-entitled court. I have reviewed the court is file in Case No. charging the above-named defendant with the crime of 16 As part of the sentence imposed in that case on which required the defendant to pay fines and fees in the to amount of$ plus a $ show cause fee added for a total balance still owing 19 of$ 20 A copy of the Oregon Uniform Citation and Complaint with Judgment of Conviction in 21 that case is attached hereto as Exhibit 1 and incorporated herein. 22 On _ a show cause citation was mailed to the defendant to the last 23 known address. The show cause citation was mailed by first class mail, and mail was not 24 returned, a copy of which is attached hereto as Exhibit 2 and incorporated herein. 2s // 26 / PRINGFIELO t7 PAOSECl1TOR'S OFFICE Da"ypeN P„naodalo Page 1 - AFFIDAVIT IN SUPPORT OF COMPLAINT OF CONTEMPT - SEEKINGrwism/w,o3 C 2 PL NJFT E SANC S C81 11rifVA Menat eahy°,'fan a o7dy FaJ@%§4c fjW Cox and Melendy ATTACHMENT 1, Page 57 of 108 ATTACHMENT ATTACHMENT 1 Based upon my review of the court file in that case, I have determined that the 2 defendant has failed to comply with the sentence of the court by not paying the fine as 3 agreed. 4 Based upon my review of the court file mentioned above, I therefore believe that the 5 defendant has willfully disobeyed the sentence of the Court and is therefore in Contempt of 6 Court. 7 DATED this day of 20_1 e 9 Court Clerk to SUBSCRIBED AND SWORN to before me this _ day of May, 2012. 11 12 13 Notary Public for Oregon 14 is 16 17 18 19 20 21 22 23 24 25 26 PRMGFIELDC"PROSECUTOR'S OFFICE 230P 340vI Sirngfi.b Page 2 - AFFIDAVIT IN SUPPORT OF COMPLAINT OF CONTEMPT - SEEKINGX21541)746-X21 PUNIvTIVE SANCTIdO,N. tS C82 is m h enl+ahyan aLPtlondy Pf 16r';P{dg5 Cox and Melendy ATTACHMENT 1, Page 58 of 108 ATTACHMENT ATTACHMENT 2 2 3 4 IN THE MUNICIPAL COURT OF THE CITY OF SPRINGFIELD FOR THE COUNTY OF LANE, STATE OF OREGON s 6 CITY OF SPRINGFIELD, Docket No, Plaintiff, CITY ATTORNEY'S INFORMATION e vs- ORS 153,992 9 — 10 Defendant. 11 THE ABOVE-NAMED DEFENDANT IS ACCUSED BY THE CITY PROSECUTOR FOR THE 12 CITY OF SPRINGFIELD, LANE COUNTY, OREGON BY THIS INFORMATION OF THE CRIME 13 OF: 14 FAILURE TO APPEAR ON A VIOLATION PROCEEDING 15 COMMITTED AS FOLLOWS: 16 The Defendant, on or about the day of 20. in the City of 17 Springfield, Lane County, having been served with a citation to appear in court on a charge 1a of a violation, unlawfully and knowingly failed to make 19 a first appearance within the time allowed, 20 CONTRARY TO THE ORDINANCESf STATUTES IN SUCH CASES MADE AND PROVIDED, AND 21 AGAINST THE PEACE AND DIGNITY OF THE CITY OF SPRINGFIELD. 22 ENDORSED FOR PROSECUTION BY THE CITY PROSECUTOR. 23 DATED this day of 20^ 24 25 City Prosecutor 26 CLASS A MISDEMEANOR SPRINGFIELD CFFV PROSECUTOR'S OFFICE 730 4'SINL spn'grwC Ompcn Fu 109 Page I - CITY ATTORNEY'S INFORMATION C 2 _ ORS 1p153.92 C82 rhi An[men`eBhFj°, a V'a E6, y PaEj@%?fb?i1bV Cox and Melendy ATTACHMENT 1, Page 59 of 108 ATTACHMENT ATTACHMENT 2 1 2 3 4 IN THE MUNICIPAL COURT OF THE CITY OF SPRINGFIELD FOR THE COUNTY OF LANE, STATE OF OREGON s 6 CITY OF SPRINGFIELD, Docket No. 7 Plaintiff, CITY'S EX PARTE MOTION AND 8 vs. ORDER FOR ARREST WARRANT PUNITIVE SANCTIONS FOR 9 CONTEMPT 10 Defendant. 11 The City Prosecutor for the City of Springfield, Lane County, Oregon, respectfully 12 moves the Court to issue a warrant of arrest for the defendant based upon the Complaint of 13 Contempt Seeking Punitive Sanctions and Affidavit filed herewith. 14 DATED this day of 20 Is City Prosecutor It appearing to the Court that the City Prosecutor has filed a Complaint of Contempt 17 Seeking Punitive Sanctions, pursuant to ORS 33.015 to 33.155, 137.128, ORS 161.685, and 18 UTC Chapter 17, duly supported by a sworn Affidavit showing probable cause to believe that 19 the defendant is in contempt of Court; thus 20 IT IS HEREBY ORDERED THAT: 21 A warrant shall be issued for the arrest of defendant for the Complaint of Contempt 22 Seeking Punitive Sanctions, Any peace officer of this State is commanded to arrest the 23 defendant and bring said person before the Court issuing the warrant. 24 Issued this day of 20. at City of Springfield, Lane 25 County, Oregon. 26 Security $ 1PKMGFIELDCITf Municipal Court Judge PROSECMOffsOFFICE 2N Sv t Smwf abse2JUI) 7DO 1&%2l Page 1 - CITY'S EX PARTE MOTION AND ORDER FOR ARREST WARRANT PUNITIVEU1)74 jW SANCTIONS FOR CONTEMPT CB i}St4n Rfle nL@ rf1?'E R dElSP°y P g bPtb@`' Cox and Melendy ATTACHMENT 1, Page 60 of 108 ATTACHMENT ATrACHMENT2 1 2 3 4 IN THE MUNICIPAL COURT OF THE CITY OF SPRINGFIELD 5 FOR THE COUNTY OF LANE, STATE OF OREGON 6 CITY OF SPRINGFIELD, Docket No. 7 Plaintiff, AFFIDAVIT IN SUPPORT OF 8 vs, ARREST WARRANT FOR FAILURE TO APPEAR IN A VIOLATION 9 PROCEEDING 10 Defendant. 11 STATE OF OREGON ) 55. 12 County of Lane 13 1, - Court Clerk for the above-entitled Court, being first 14 duly Sworn, do depose and say: 15 I have reviewed the Court file on this matter and am familiar with its contents. That 16 file shows the following: 17 Defendant was issued a citation for violations, and an Oregon Uniform Citation and Is Complaint was duly filed with the Court, a copy of which is attached hereto as Exhibit 1. 19 Defendant did not appear at the time listed in the citation or has not made any attempt to 20 contact the Court. 21 DATED this day of 20 22 23 Court Oerk 24 SUBSCRIBED AND SWORN to before me this day of May, 2012. 25 26 Notary Public for Oregon YR0SECUIo CRY AROOFFICL A'SO4.SUM1 h.ld '.'s, Un 7 e X2, ,Page 1 - AFFIDAVIT IN SUPPORT OF ARREST WARRANT FOR FAILURE TO APPEARfYp1a&962 Y"7610 IN A VIOLATION PROCEEDING Cali i}s4n f?Heyii'@atfy°iNAA6!!dy P gIBgS P 6A5 Cox and Melendy ATTACHMENT 1, Page 61 of 108 ATTACHMENT ATTACHMENT SPRINGFIELD MUNICIPAL COURT 230 40 Street, Springfield, OR 97477 541) 726-3748 CM OF SPRINGFIELD, Plaintiff, Docket No(s). VS. Plea Defendant. ODL INSTALLMENT PAYMENT APPLICATION/AGREEMENT The above named defendant has been assessed fine(s) and fee(s)of$ in regards to the above- entitled matter, plus a payment agreement fee of$15 if fines total$300 or less; $25 for over$300 for a total owing of$ to the above entitled court and the defendant agrees to pay that amount as follows: 1)_IN FULL by If fine is paid by this date, the court shall waive the above mentioned payment fee, 2)_By making minimum payments of$ beginning and continuing each month until PAID IN FULL. 3)_Payment consecutive to any previous case(s) defendant is presently making current monthly payments on, except for any case(s)that have either been suspended and/or sent to collections. Monthly payment of payable on and continuing each month until PAID IN FULL. Case(s) is being referred to collection agency for non-payment of fine(s) and/or failure to appear in the amount of$ plus a collection fee of$ 25% of find balance) for a total owing of$ Other: DEFAULT(FAILURE TO PAY ANY INSTALLMENT WHEN DUE) SHALL RESULT IN THE ENTIRE DEBT BECOMING DUE AND PAYABLE EFFECTIVE THE DATE OF DEFAULT. Defendant hereby requests and agrees to make the Installment payments according to the schedule above. Defendant agrees to immediately inform the Court of any change of address. Defendant hereby consents to the release of all information on this document and all information that is part of the record fo this proceeding to a credit reporting agency or collection agency for the purpose of collecting this debt. Defendant hereby acknowledges that In the event of a default(failure to make any payment when due), one or more the following sanctions may be imposed plus imposition of additional fees and costs: 1. Show Cause/Delinquent Letter: 25.00 2. Suspension/Reinstatement of driving privileges:25.00 3. Commencement of contempt proceedings and issuance of warrant of arrest: $100.00 4, NSF Check fee; 25.00 5. REFERRAL OF THE DEBT TO A COLLECTION AGENCY plus a collection fee of 25%of fine balance), Date Signature DOB Social Security # Phone/MSG # Mailing Address City Zip Physical Address (if different) Place of Employment C821 Leahy,Van Vector, Cox and Melendy Pape 9 of 105 C821 First Amendment Leahy,Van Vactor, Page 6 of 106 Cox and Melendy ATTACHMENT 1, Page 62 of 108 ATTACHMENT ATTACHMENT 1 2 3 IN THE MUNICIPAL COURT OF THE CITY OF SPRINGFIELD 5 FOR THE COUNTY OF LANE, STATE OF OREGON 6 CITY OF SPRINGFIELD, Docket No. 7 Plaintiff, CITY'S EX PARTE MOTION AND e vs• ORDER FOR ARREST WARRANT 9 10 Defendant. 11 The City Prosecutor for the City of Springfield, Lane County, Oregon , respectfully 12 moves the Court to issue a Warrant of Arrest in the above case, based on the reasons set 13 forth in the attached Affidavit. 14 DATED this day of_ 20, 15 16 City Prosecutor t7 POINTS AND AUTHORITIES: ORS 133.060 18 19 ORDER 20 ALLOWED 21 DENIED zz SECURITY/SAIL $ 23 DATED this day of 20_ 24 25 Municipal Court Judge 26 iPRINOFIELD CT' PROSECUTORSOFFICE 230 4"St.L S,,vWd trap.. 5G])]ap-oa2t P Qp I CITY'S E( PARTE MOT10 ORDER FOR ARREST WARRANTC21LealigbanVaCIOr,Cox entl Melendy 4B kt g'' r C821 First Amendment Leahy,Van Vactor, Pag eG 0 10 Cox and Melendy ATTACHMENT 1, Page 63 of 108 c-.iT:.f.``i.a.+:w:al.4YCeautd:md:J:-.i`:i J[...n_..1...._ .. .-6..,__ .-:. ....:'aX.'.:. er.. 'e._b- _.... .r..:.i+. "3'i'«:..:C,...iNSS'«za.c-.z`amR',N'.¢au•rs c u ATTACHMENT AT7ACHMENT 2 PLEA FORMS A Y 1 1 h Y ienetiedh / ane actor,cfy g ela?5y, Vacilen Pa o Cox and Melendy ATTACHMENT 1, Page 64 of 108 ATTACHMENT 1 ATTACHMENT In the Municipal Court of the City of Springfield County of Lane, State of Oregon CITY OF SPRINGFIELD; DOCKET# Plaintiff, CASE #12-0201 Vs WAIVER OF RIGHT TO ATTORNEY FOR PLEA NEGOTIATIONS ONLY John Doe, Defendant. I waive my right to counsel voluntarily and enter into plea negotiations with the City Prosecutor, without threat or promise. I am not under the influence of any intoxicants and I am of sound mind. I understand if 1 am not a citizen of the United Stales; conviction of a crime may result in deportation or exclusion from citizenship.initial I am voluntarily waiving my right to counsel. I understand there may be advantages to being counseled by an attorney and disadvantages by representing myself. I understand there may be defenses available to me of which an attorney could advise me, and that an attorney has skills, knowledge and resources that I do not have. I further understand that an attorney might provide advantages such as investigation of the case, interviewing witnesses, plea-bargaining, understanding law and courtroom procedure and also assist me in other ways not mentioned here. I hereby waive my right to an attorney for the purposes of plea negotiations in the above entitled proceeding and wish to represent myself in plea negotiations. I understand that if I am indigent the Court would appoint an attorney to represent me throughout the proceedings. (initial I have read and understand all of the above language in this document. (initial I wish to enter into plea negotiations with the City Prosecutor and waive my right to be represented by any attorney in those plea negotiations Further I have been advised ofmy rights by the court prior to my entering into plea negotiations with the City Prosecutor or signing this form My waiver of right to counsel prior to plea negotiations was knowingly, voluntarily and intelligently given. (initial Date: John Doe,Defendant C821 Leahy,Van Vaetor,Cox and Melendy Pa a 62,71105C821FirstAmendmentLeahy,Van Vactor, Page 63 106 Cox and Melendy ATTACHMENT 1, Page 65 of 108 ATTACHMENT ATTACHMENT CITY OF SPRINGFIELD MUNICIPAL COURT PLEA OFFER DATE: 6-15-2012 DEFENDANT: John Doe CASE NO: 12-0201 DEF. ATTY: OFFER EXPIRES: 6.15.12 PROSECUTING ATTY:[X] Matthew J. Cox DOCKET NO: 12-0201 If the defendant: pleads guilty or no contest to: admits violating probation in case# and accepts that probation should be revoked. agrees to pay restitution: Amount$ Amount$ Victim Victim agrees to pay a fine to be determined by the court or $ agrees to pay court-appointed attorney fees. agrees to write a letter of apology to OTHER Then the City: will move to dismiss will not prosecute defendant for will not ask the Court to revoke defendant's probation in case# will not ask the Court to impose a longerjail term than OTHER: This is the City's entire proposal. It may be changed only in writing or on the record in open court. Defendant may accept this proposal only by actually entering the pleas listed here today. Please Note: The court is not bound by the City's recommendation; the court is merely informed by the City's recommendation, The actual sentence imposed by Cg2the Court may be higher or lower than the gCity' s S recommendation. C821?Wr eArhi 8n menjnL,6hy°,Van VacllondI A@e6 o411Uti Cox and Melendy ATTACHMENT 1, Page 66 of 108 ATTACHMENT ATTACHMENT IN THE MUNICIPAL COURT OF THE CITY OF SPRINGFIELD. COUNTY OF LANE. STATE OF OREGON CITY OF SPRINGFIELD,OREGON PETITION TO ENTER Plaintiff PLEA OF[ IGUILTY/1 I NO CONTEST TO vs J MISDEMEANOR VIOLATION John Doe, DOCKET p Defendant CASE t; 12-0201 The Defendant represents to the Court: My full and true name is and I am also known as. I here been charged with the offense of which is a f ] Class Misdemeanor [ ]Violation I understand the charge; I have not been threatened by anyone;nor have IbeenpromisedanythingandIwishtoenterapleaof[ ]GUILTY/[ ] NO CONTEST to the charge. I understand that by pleading guilty 1 give up the following rights- a) My Right to a trial by the Court, b) My Right to be represented by an attorney,including the right to have an attorney appointed to represent me at public expense if I cannot afford one; C) My Right to confront and question all witnesses; d) My Right to call witnesses in my own behalf; e) My Right against self incrimination,and, D [ ] My Right to the presumption of innocence until proven guilty beyond a reasonable doubt. My Right to the presumption of innocence by a preponderance of the evidence, I know that if I plead guilty to this charge the maximum penalty is days in jail and a fine ofS if 1 am on parole or probation this guilty plea may have a serious impact upon that parole or probation. When sentenced, I understand that 1 have the right to appeal that sentence by filing a written notice of appeal as required by law withinthirty(30)days I hereby enter my plea of[ ]GUILTY/[ ]NO CONTEST freely and voluntarily and with full understanding of all the matters setforthinthecomplaintandthispetition Defendant's Signature. Address—Street& Mad City, State&Zip Phone—Home&Work. ACCEPTED this day of 2012 Municipal Court Judge C8211'irsteA4dn me^1rLetBnyo an Vacjor,Pa18% l`fig Cox and Melendy ATTACHMENT 1, Page 67 of 108 ATTACHMENT ATTACHMENT IN THE MUNICIPAL COURT OF THE CITY OF SPRINGFIELD, COUNTY OF LANE, STATE OF OREGON CITY OF SPRINGFIELD,OREGON Plaintiff WAIVER OF RIGHT TO LEGAL COUNSEL vs DOCKET# John Doe, CASE# 12.02D1 Defendant i understand that I have a right to be represented by an attorney in the above case. I understand that if I cannot afford an attorney that I may request that the Court appoint one for me at public expense 1 have been advised ofthe charges filed against me, the elements,and have received copies of the complaints I understand what the charges allege and have been advised of the maximum penalty that can be imposed if I am convicted. I further understand that an attorney could help me with many things,including. I. Investigating my case,calling witnesses,and obtaining evidence; 2 Researching the law and raising constitutional issues such as possible defenses and motions to exclude results of illegal searches or confessions; 3. Knowing and explaining courtroom procedure and arguing my case; 4 Plea bargaining for a reduced charge or sentence with the city prosecutor; I understand that if I waive(give up)my right to an attorney I must be prepared to do those things for myself I HEREBY FREELY AND VOLUNTARILY WAIVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY IN THE ABOVE CASE(S). John Doe,Defendant Dated this day of 2012. Municipal Court Judge C8 1aF'}sll4 n 7fleYR`L@b',''reRN Ef`oP,dY PkgVt@% 4685 Cox and Melendy ATTACHMENT 1, Page 68 of 108 t..'kle.:l+vwC+'°".iz.N w.x3'N......u,ra•—.G:..r..n.:'.a....i..a. ..r•" .:: ..r.+t_s. .:e.wa>..-... ... . ..._.s.eY.a.....—A:-w..L.a.KGi"3lC w..bi'J:1 «t..:i... ATTACHMENT ATTACHMENT2 f VICTIM NOTICE LETTER jq JI Ftt 5 4 v C821 FvstOQm ndment'ffe'ehy'V'annVector, Page' 7of1fO65 Cox and Melendy ATTACHMENT 1, Page 69 of 108 ATTACHMENT ATTACHMENT City of Springfield Municipal Court Victim's Rights Notice You have been identified as a victim in a case being prosecuted in Springfield Municipal Court. As a victim, under Oregon Law, you have the following rights as a victim to a crime: 1. The right to be informed of these rights as soon as practicable, 2. The right to be present at and, upon specific request, to be informed in advance of any critical stage of the proceedings held in open court when the defendant will be present, and to be heard at the pretrial release hearing and the sentencing or juvenile court delinquency proceeding. 3. The right, upon request, to obtain information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the criminal defendant or convicted criminal and equivalent information regarding the alleged youth offender or youth offender. 4. The right to receive prompt restitution from the convicted criminal who caused the victim's loss or injury; see reverse for restitution procedure, S. The right to refuse an interview, deposition, or other discovery request by the criminal defendant or other person acting on behalf of the criminal defendant provided, however, that nothing in this paragraph shall restrict any other constitutional right of the defendant to discovery against the City. 6. The right to have a copy of the transcript of any court proceeding in open court, if one is otherwise prepared, 7. The right to be consulted, upon request, regarding plea negotiations involving any violent felony. If you want information regarding the proceedings being prosecuted by the City of Springfield in which you are involved as a victim, you can contact the following individuals for court scheduling regarding your particular case: Office of the City Prosecutor Sphngf+eld Municipal Court Robyn Dougherty, Assistant Court Clerk 186 West B Street, Building N 240 4" Street Springfield, OR 97477 Springfield, OR 97477 541) 745-9621 541) 726-3748 C821 Leahy,Van Vector,Co and Melendy Paa 8 oP1 U65 C821 First Amendment Leahy,Un vactor, 9 Cox and Melendy ATTACHMENT 1, Page 70 of 108 ATTACHMENT 1 AT7ACHMENT2 RESTITUTION PROCEDURE The person convicted of the crime, for which you are a victim, may be ordered to pay for the property that was either destroyed, stolen, damaged, or converted. If you have had an injury which resulted in your need to seek medical attention, which was not compensated by your insurance company, or for which you had to pay a co- payment, you may be able to recover restitution for those costs as well. Further, your insurance company, should they provide the Information as outlined below, may be entitled to seek restitution for their costs. This is the only notice you or your insurance company will receive. In order for you to recover restitution, you need to deliver to the Springfield Police Department, within the next 10 days, the slip from the bottom of this form indicating you wish to recover restitution as the victim of a crime. Attached to the request you will need copies of all receipts or estimates for which you seek restitution. If we do not have receipts of estimates, we will not be able to recover restitution for you. If you need additional time to provide this information, you need to deliver the notice on the bottom of this form, along with your request for additional time, to the Springfield City Prosecutor's office within 10 days. If this form and the r uired information is not delivered to the Sprinofield City Prosecutor's office within the next 10 days you may be barred from recovering any restitution for your out-of-pocket expenses. Restitution Slip Today's Date: Name: Address: Phone #: Defendant's Name (if known) Date of Incident: Amount of Restitution Sought: $ Do you wish to be notified of future Court dates? Yes 0 No I need o 1 more week 2 more weeks to provide information. C821 Leahy.Van Vactor Cox and Melendy pag BSC821FirstAmendmentLeahy,Van Vactor, Page y ogtofiad(I Cox and Melendy ATTACHMENT 1, Page 71 of 108 ATTACHMENT 1 TAT ACHMENTI SUBPOENA or.Cpxjan VM1Ielendy Eirsmenmeneahyan actor, Pap$94%V1 9' Cox and Me;endy ATTACHMENT 1, Page 72 of 108 ATTACHMENT N CT JUNCTIONC/ TYMUNIC( PAL COURT ' V?;• fl7 N o CRIMINAL ACTION SUBPOENA f in the Name of the City of Junction City To: NOTE: TRIALS ARE SUBJECT TO CHANGE. PLEASE CALL 998- 1113 BEFORE 4: 00 P. M. 0 THE DAY BEFORE THE TRIAL DATE. THANK YO U. STATE OF, OREGON City of Junction City vs Case No. CITY OF JUNCTION CITY ) ss. You are hereby eonmumded to appear before the Junclion City Municipal Court of the Slate of Oregon for Lane County, located at the Junclion City Municipal Building, 680 Greenwood Strect i l-_ m. on the day of as a witness in a arimnal action proseculed by the City of Junction Cil). ti OFFICE OF THE JUNCTION CITY PROSECUTOR, JUNCTION CITY, OREGON n Dated the day of BY a o Junction City Prosecutor to IMPORTANT NOTICE 1. For your convenience and ours in preparing for trial, please meet the above named City Prosecutor at the City Hall at m, on tlm day of the trial. 2. Should you have any questions concerning this subpoena or the proceedings in court, please contact the Junction City Prosecutors Office, telephone( 541) 942- 2453. Bring this subpoena when appearing as a wuness To obtain payment for witness fee and mileage, complete the siaicmcut below and rctuui this subpoena 10 the Muascip. d Court Clerk in the Courts office immedmtcly upon being released as a witness is this action I hereby certify that I served the within subpoena in this Slate and County I do hereby solemnly swear or affirm that I was in attendance upon the on the day of on the within named court pursuant to this subpoena for day( s) and that in the witness by deliveung a copy of tile said witness personally and in person perfornlanua of my duties as a witness, J have been required to travel a total of miles in going to and returning from the courthouse. smgnaturc of wmic" t [') Maiing Address y Will I L. COPY- WI INLSS YELLOW CCZge R of 1176 IOR' S OI' 1' I( L PINK COPY- COURT C821 First Amendment Leahy, Van Vactor, P Cox and Melendy ATTACHMENT 1, Page 73 of 108 ATTACHMENT I ATTACHMENT 2 fA TRAINING OUTLINE BLOG fi Rj rq niKeyKeh p?gWt7jbfj6g5C8ilthA Cox and Melency ATTACHMENT 1, Page 74 of 108 ATTACHMENT ATTACHMENT,'. LEAHY, VAN VACTOR, COX & MELENDY, LLP ATTORNEYS AT LAw 188 WEST B STREET,BUILDING N SPRFNGFIELn,OREGON 97477 mKrmEW J.Cox TELEPHONE: (541)746-9621PATRICKS.MELENDY FAx: 541)746-4109MARYBnmcErSwra KAY HYDE•PATTON JOSEPH J.LEAHY,OF COUNSEL BILL VAN VAc7oR,OF COUNSEL TAYLOR L M.MuROom,ASSOCIATE June 15, 2013 Springfield Police Department Municipal Prosecution Training Notes DUII Cases: 1 Stop—"reasonable suspicion of a traffic infraction' a. Subjective Standard - NOT Objective b. Example: "I thought his license plate light was out` 2. FST's (you must have consent) a. Burden on State/City to prove that there is consent to get around warrant requirement b. Will you "CONSENT" to perform field sobriety tests? c. Answer must be audible response—not just nodding head.d. If NO— then give FST admonishment 3 RHORS admonishment—will you perform tests of a purely physical nature that will not require you to reveal your thoughts or beliefs such as the "HGN test, walk and turn test, one-leg stand?" 4 If RHORS not given OR if specific tests not listed then all FST's can be suppressed. 5 Lay Observations— more of these observations a. Staggering b Holding onto side of car for balance c Observations back at police station d. Very powerful with Jury— (i.e., we've all been in line at the store and know the person ahead of us was drunk) 6 Breath Test a. 15 minute observation period b. Must be "Certain" that there was no vomiting, burping, belching, etcc. Be able to testify that you were paying attention d. Dennett has won many DMV hearings on this issue. 7. FST notes: a. HGN — 12 to 15 inches b. Heel to Toe (should be instructed as touching heel to toe) c Don't isolate one FST to make your determination d. Should be a totality of the circumstances e. Each test shows an indication of impairment f. Your expert opinion is drawn from all of your observations CO FirsleRhridn meiio,'9hy°,k?anVaclgr'dI PaP$P/7S7oy11 Cox and Melendy ATTACHMENT 1, Page 75 of 108 ATTACHMENT AT7ACHMENT2 June 15, 2013 Page 2 6. Diversion: a. NOT eligible if you have a commercial drivers license 9 DRE: a. State vs. Sampson b. 12 step protocol (only partial list below) I. FST's ii. Eye tests (dark room exam with pupilometer) iii. Look for injection sites iv. Ask what drugs have you taken? c. The UA is the 12°i Step d. Question: Are first 11 steps admissible 6 D refuses UA? e Take UA even if no DIRE available f. Marijuana cases can be difficult g Carboxy vs. Hydroxy THC h. In system for up to 4 weeks (or longer) License Suspensions: 1. DUII a. 1" conviction (1 year suspension) b. 2"d conviction within 5 years (3 year suspension) c. 3`d conviction (revocation of license) d. However, plea without an attorney cannot count. 2, Reckless Driving (90 days wl immediate hardship) 3. Hit& Run (90 days wl immediate hardship) 4. PCS less 1 oz. (6 months) Search & Seizure Issues. 1 Community Caretaking: a. Driving Example: I. Driver asleep? li. Not responding? (probably not enough by itself) iii. Slumped over wheel? Not breathing? b. Enter but the evidence may not be admissible c To be used you must be able to articulate a"specific victim" or a specific perpetrator when exercising community caretaking function. d. Example: Gunshot—or explosion coming from house. e. Example: "I saw peril, enter house with a gun.° 2. Whose backpack is this anyway? a Backpack in backseat can't be opened if Driver doesn't claim ownership and does not consent. Only Owner can consent to opening backpack. 3. Recent case law: Can't open lust because it's in inventory. Must inventory one opaque bottle with unknown liquid' — unless container"announces it' s contents to the world" Domestic Violence Cases: 1. Crawford case: confrontation clause of U.S. Constitution 2. VictimsANitness must testify: a Let victimstwitnesses know that they may have to testify CH7t 4e h V n Victor.Co r, e)endy pEeg5 off a65CeC Firs n men eahy,fan"c or, Cox and Melendy ATTACHMENT 1, Page 76 of 108 ATTACHMENT ATTACHMENT June 15, 2013 Page 3 3. Children victims/witnesses: a Use Kids First (formerly Child Advocacy Center) b Videos are a great tool to resolve cases c. Example: 4 year old boy on video "He didn't.come down to help" Protective Orders: 1. FAPA (family abuse prevention act) a. Eligibility: b. Parties related by blood, marriage or adoption c. Parties currently cohabit or have cohabitated d. Parties involved in a sexually intimate relationship in the last 2 years. e. Parties who share a minor child f. Physical injury; threatened abuse; or forced to engage in sexual relations within the previous six months. g. Valid for one year and is renewable h. Affects rights to possess firearms 2. Stalking Protective Orders (SPO): a. Eligibility- b. No relationship between parties is required c. Repeated, unwanted contact that is alarming or coercing d. Initial order is temporary e. Permanent is of"unlimited duration"—however, may be modified or changed later by the court. f Prohibits all contact including third party g Affects rights to possess firearms h. Communicative versus Non-communicative Contact (It makes a difference) 3. Elder Abuse: a. Petitioner must be 65 years or older or have a disability b. Doesn't specify relationship between parties c. Abuse may be verbal, coercive, neglectful, physical or financial In nature. d Removes respondent from residence e. Valid for one year, may be removed, may be modified 4. Mandatory arrest if violation: a. "A peace officer shall arrest and take into custody a person when the officer has PC to believe that an order has been served that restrains the person in some way, and that order has been violated." (ORS 133.310). Restitution: 1. Prosecutor's office needs accurate figures 2. Officer estimate is ok if that is all you have 3. Get follow up statement on damages (supplemental report, copy to City Prosecutor) Misc Matters, 1 Contempt/ FTA Procedures (see packet) C82,8Fir$teAniontlment ea4ounVac or,tlY Pagp IPilb65 Cox and Melendy ATTACHMENT 1, Page 77 of 108 ATTACHMENT ATTACHMENT June 15, 2013 Page 4 2 MJ cases. a PCS less than 1 oz. b. 1000 feet of a school c. D doesn't have to be on notice of location of school d- NIK test(admissible in court now) e. Endanger the welfare of a minor (evenly applied policy) 3. MIP: a. Consumption vs. possession Questions from Officers: 1. Charlie Diaz. "Is an Emancipated Minor treated as an adult or a minor for non-criminal/criminal offenses? 2. Answer ORS 4198.558(3), "An emancipated minor shall be subject to the jurisdiction of the adult courts for all criminal offenses." 3. Same for Non-criminal offenses 4. Minors and Parents: a. Parents are liable for up to $7.500.00 for the intentional torts of their minor children. b. Negligence is another issue i. Negligent Entrustment (with cars or motorcycles) Contact Me 1 After hours consultation wk: (541) 746-9621; cell: (541) 510-7569 2 Call me with questions!! 3 e-mail: mjc@emeraldlaw.com; psm@emeraldlaw.com C8,1IRJ, nVCffieXf4%nl°fr R Ma6I8F'y P$g oPti B@5 Cox and Melendy ATTACHMENT 1, Page 78 of 108 ATTACHMENT Prosecution News& Update Page 1 of 5 ATTACHMENT 2 Prosecution News & Update a bLA Wg for the clients. colleagues and friends of Leahy, Van Vactor. Cox d Melend). LLP Home Ahout Case Law Update DU'll Cornet Type text to search here Submit Query Case Law Review: Establishin Venue March 11. 2012 omelends Leave a comment The Court of Appeals recent]), upheld the dental of D's MJOA because the State had failed to precisely establish Jackson County as the venue in a DUII prosecution. In Stare vs Stephanie Faye Davis. (CTA. Februan- 23. 2012); the Court explained that in the instant case the State had established that the offense took place in Medford. Oregon with specific references to street names and other references. In such a case. ajuiy Nas not required to "stack inferences" to establish venue. This type of et idence is the difference between speculation of venue(not pennissible) versus being able makeinferencesfromcircumstantialevidence (permissible). Categoies: Uncateeorized Case Law Review: Understanding Implied Consent March 1 ]. 2-012 omclends Leap e a cominent The Oregon Supreme Court recently held that the suspension for refusing a breath test cannot be suppressed simply because a defendant cannot understand what is being read to them under the Implied Consent laws. In Stare vs Jose Nunez Cahanilla (March 1,2012)_ the Defendant(a non- English speaker) was arrested for DUlf and read the implied consent provisions. After refusing,theDefendant moved to suppress the refusal The court held that under the law_ -`a driver has alreadyconsentedtothetest. The driver cannot legally refuse. when a driver is asked to take a breath test. his or her only decision is whether to physically refuse." Categories. Uncateeodzed Case Law Review: Interfering with a .Peace Officer July 24. 2011 omelends Lense a comment Interfering v,ith a Peace Officer(ORS 162 247). prohibits conduct when someone "intentionally acts in a manner that prevents. of attempts to present, a peace officer from performing the laAfol duties ofthepeaceofficerAithreeardstoanotherperson." ORS 162 247(l )(a) ,ks applied. the quesno»dts,". CeR r F{iYe d4Aev1<i3`a ee4f E a4,°y PRjFe V1iW htt °x Qi lends.sioidpress corn.5/21/^012 ATTACHMENT 1, Page 79 of 108 ATTACHMENT Prosecution Nets R Update Page 2 of 5 ATTACHMENT whether or not this conduct is extended to speech? In Slate vs Brent Wai Lam, 176 Or App. 149 2001).the Court of.Appeals held that " the statute was not intended to reach speech alone:' In support of its decision the Court relied heavily on the legislative history of the bili"s sponsor. Representative Floyd Prozanski. who's testimony provided, 1 want to make clear that the intent, my intent. is not to limit speech. It's to deal %ith the physical contact or I should say, conduct of an individual " !d. at 155 Categories: Lncateeorized Court of Appeals clarifies DUII "statutory counterpart" language July 10. 2011 pntelend\ Leave a comment In Stare r% Abdul Nuleem Riaherfor d(Court of.Appeals. June 29. 2011),the court of appeals affirmed the trial courts ruling that the Defendants two prior Nevada convictions for DUII were equal to or statutory counterparts'" to Oregon's DUII late. ORS 81'.010. At issue in Rudrerford was whether-or not the Defendant \could be subject to Oregon's enhanced provisions for a lifetime license suspension on his third DUII conviction Rutherford argued that his two prior convictions in Nevada were not statutory counterpartss" based largely on the argument that his first Nevada conviction was more akin to Oregon's own diversion program. and therefore should not be considered as a --conviction— In refuting Defendant's argument, the Court again clarified it's position that "A statutory counterpart to ORS 813. 010 is one that is either remarkably similar to or that has the same use. role.or characteristics as ORS 813.010." Stale vs Rau leigh, 222 Or. App. 121. (2008). Additionally, "a statute may be a statutoq counterpart to ORS 813.010 even if it does not have the same elements as ORS 813.010." Categories Uncalcgori>_ed I nition Interlock proposed for all DUII Diversion Cases June 17, 2011 pmelendt Lcate a comment HB 1075 passed the Oregon House on Thursday which would require those entering Oregon's DUII diversion program to install iginition interlock devices on their vehicles so the) "blow before the) go" as they say. Currently. only those who are convicted of DUII in Oregon typically face installation of the interlock device. The bill now goes to the Senate for consideration. For full teat of the bill go to. htto ' tv%v lee state or usrl I rectrnt ensures/iib3000.dirAib3075.1ha.lttn7l. The cost of administering the program would allegedly be funded out of an additional $25.00 diversion fee. Categories. Uncategorized Case Law Update: Lidar finallv scientifically reliable? tune 15. 2011 pirtelendt I.eat e a comment C821 First Vfthdmenfe,&y,, anVacjor dy Cox Pd Mel nd I/''01nhUp:pa in: n elend).ttordpress coin/ ATTACHMENT 1, Page 80 of 108 ATTACHMENT Prosecution News & Update Page 3 of 5 ATTACHMENT The Oregon Court of Appeals recently held that LIDAR was scientifically reliable as to not require the state to present foundational evidence as to its admissibility—at least as that evidence pertains to measuring distances. In State r. Brmich, (A 140218. June 1. 2011). the court did not go so far as to hold that LIDAR was scientifically"reliable for determining the speed of an automobile. However, this is clearly the first step in determining that evidence such as LIDAR should be admissible and considered scientifically reliable given it's overwhelming use throughout the country. (LIDAR has been used by the Portland Police Department for over thirteen years). In Branch, the defendant had been arrested and corn icted on two counts of unlawful delivery of cocaine within 1.000 feet of a school (ORS 475.882). The officer used LIDAR to measure the distance fiom where the defendant sold to an undercoxer officer and the adjacent school. In rejecting the defendant's argument, the court held. "We conclude that the scientific principles and the means of applying those principles to the problem involved are so clearly apt for the end of measuring distances that thnse principles and their use for that purpose are indisputably valid. Accordingly" the admission of the evidence in this case derived from the LIDAR device present' a"clear case"'...and the state was not required to present foundational evidence. in order to establish the admissibility ofthe evidence." Categories: I incate,oriz.d DUII Corner: Use of Rohrs Admonishment June 12. '_011 nnielends Leave a comment If a Defendant imtialiv refuses to do SFST's remember that to give a propel Rohrs admonishment that y ou must actually recite which specific STST's you aie going to ask them to do(that are non- testimonial). It is important that you recite what those tests actually are (i. e . maalk and turn. modified Romberg. and one leg stand). If you only giN e a partial admonishment and do not specifically list in yuui report the non-testimonial SFST's that you want them to do then evidence of their reftisal will more than likely be suppressed. As the Court in Rohrs held. "In the absence of evidence ofwhat tests mere actually intended. the use of the term "physical tests." even when accompanied by the caveat that defendant will not be required to speak, is not sufficient to render the request constitutionallypermissible." Categories- Uncateenrized DU11 Corner: ineligible for diversion? June 12. 2011 pmelendm Leah e a comment A Defendant may not be eligible for a DUII diversion program when they have participated in a priori alcohol or drug rehabilitation program. In State v. Warrington. (Oregon Court of Appeals. May 7.2008). the court examined ORS 811220(8) which provides that one is ineligible for a DUII diversion program where one has previously participated in any similar alcohol or drug rehabilitation program. What is similar under the statute really means when a defendant participates in such a program "to avoid substantial.judicially imposed adverse consequence." Accordingl)" at) N41P (or other crime) diversion where one participates in alcohol classes for a benefit (i.e - deferred prosecution). would potentialty male on meliRible for the DUII diversion program. Categories: Uncmeeou[ed Cill irstte Yenpm"e LeanY,,(/'an aclor'y P PS Qtib85 lint p° ,,ffMneeflqlendy.msoidpresscomi 5 nl 2012 ATTACHMENT 1, Page 81 of 108 ATTACHMENT Prosecution Nees & Update Page 5 of 5 ATTACHMENT Meta Rceister Lo2 in Lntnes RSS Comments RSS WordPress.con Slogrol I Cottage Grove Police Department Discuss Get Polling Get Support Junction City Police Depanment Oakridze Police Depanment Oregon Judicial Department Sprim field 1 lumcinal Court pringfield Police Department Wordhess.com Nees TOP WordPress Blue at WordPresS.wm. Theme. INove by NeoEase, C8 18 Iis4eF rc n rije^rtL 9hy qlrSdaFftF, P e a PtiaeS Cox and Melendy hnp:4pauickmelendv \wrdpress.com/5'31!3012 ATTACHMENT 1, Page 82 of 108 ATTACHMENT Piosecution News & Update Page d of 5 ATTACHMENT Prosecution News & Update June 11, 2011 pnxlend\ I comment Prosecution News and Update returns after a short absence but in an updated format thanks to WordPress.com Prosecution News and Update is a biog intended for the clients. coileaaues and friends of Leahy, Van Vactor_ Cox & Melend\, LLP, Attorneys in Springfield. Oregon focusing on the needs of our municipal clients and their police departments. Please subscribe to our blog for timely updates on Oregon Court of Appeals and Supreme Court cases. review of legal issues on suppression, search and seizure and the DUII comer' More to come soon! Categories: Uncatcaorved RSS iced Email Subscription Enter gout email address to subscribe to this bldg and receive notifications of new posts by email. Join 5 other followers Sign me up, Authors pmclendt Pages About Case La\i Update DLII Corner CHaC821F rste, n men L°eAhy°,man Vac o dY PaP i?8o4 1 hIJFPnPtyli i$YlendS.woidpress.com'51211201 ATTACHMENT 1, Page 83 of 108 ATTACHMENT 1 ATTACHMENT 2 REFERENCE LETTER r. Cox and Melency ATTACHMENT 1, Page 84 of 108 ATTACHMENT ATTACHMENT rn i Central Services City Prosecutors Office City of Eugene 915 Oak Street Suite 310 Eugene, Oregon 97401 541) 682-8401 541) 682-8430 Fax May 15, 2012 Reference Letter for Matt Cox To Whom it May Concern, I am the City Prosecutor for the City of E ugene, For the last five years Matt Cox has worked for our Office as one of our part time Assistant City Prosecutors. I have supervised his work In our Office during his tenure here Mr Cox has handled his assignments in our Office with distinction. During that time he has tried numerous jury and non-jury teals, partiapated in hundreds Of settlement conferences,and represented the City of Eugene in various motions, demurrers and other pre-trial matters. Mr. Cox has always been well prepared for the matters assigned to him, and has been willing to take on assignments with little advance notice when other attorneys in our Office have had conflicts that required them to shift case assignments. I have also appreciated Mr.Cox's cheerful and professional attitude toward our staff members and other prosecutors in the Office. Many of our staff members have expressed to me how much they enjoy working with Matt, and appreciate his helpfulness when they have questions on some of our cases For all of these reasons I would highly recommend Matt Cox for other prosecution positions, and feel that any agency would be well served by his efforts. Sincerely, O . Daniel J. Ba rkovic C821 Leahy,Van Vector,Cox and Mefendy- = -- = p9pe et' y'c. C821 First Amendment Leahy,Van Vactor, Page 83 of 106 Cox and Melendy ATTACHMENT 1, Page 85 of 108 ATTACHMENT 1 ATTACHMENT 2 JUNCTION CITY FINANCE FORMS ttt Cox and Melendy ATTACHMENT 1, Page 86 of 108 ATTACHMENT General Ledger Summary Trial Balance User mike Printed: 05/ 17/ 2012- 11. 36 AM Pcnod I to 13, 2006 Account Number Dncription Budget Amount Beginning Balance Debit This Pe Had Credit This Period Endirt 4 g g Dulrncc Fund. 001 GENERAL FUND EXPENSE Dept. 315 MUNICIPAL COURT 001- 315- 602250 Coun Appointed Attorney Fee 23, 5W. 00 O W 22, 512 GO 0_ 00 22, 512 00 Dept 315 EXPENSE T tats: 23, 50000 0. 40 22, 512. 00 000 22, 512 00 N EXPENSE Totalr 27, 500 00 o U 000 22. 512W 000 22, 512M0 N Fund 001 f' otals 23, 540. 00) 000 22, 51200W 0. 00 22, 512 00 Rcport' rotalst 23, 500. 00) 000 22, 51200W 0. 00 22, 512 c m 0cm x0V ouN CR TLRu NmU GL- Sunnnary Trial Balance( 051f 712012- 11: 56 AM) C821 First Amendment Leahy, Van Vactor, Page 85 of 106 Page I Cox and Melendy ATTACHMENT 1, Page 87 of 108 ATTACHMENT General Ledger Summary Trial Balance User: mike Printed: 05/ 17/ 2012- 11 55 AM Period I to 13, 2007 Account Number Description Budget Amount Beginning Balance Debit This Period Credit This Period Ending Balance Fund: 001 GENERAL FUND EXPENSE Dept* 315 MUNICIPALCOURT 001- 315- 6U225U Court Appointed Attorney Fec 20 000. 00 0, 00 14, 525. 00 0. 00 14, 525. 00 Dept 315 EXPENSE Totals 20, 00000 000 14, 525. 00 0. 00 14. 525 00 ry n ZEXPENSE' Pouds 20, 00000 0. 00 14, 525. 00 D- DD 14, 52 D a Fund 001 Totals. 20, 00000) 0. 00 14, 525. 00 0. 00 14, 525. 00 Report Totals: 20,( X) 0. 00) 0. 00 14, 52500 0. 00 14, 52510 cm acm K t OTim Cm LmNJ N9U CL- Summary Trial Balance( 05117/ 2012- 1 I: 55 AM) Page I C821 First Amendment Leahy, Van Vactor, Page 86 of 106 Cox and Melendy ATTACHMENT 1, Page 88 of 108 ATTACHMENT General Ledger Summary Trial Balance User: mike Printed: 05117f2012- 11: 56 AM Period I to I, 2008 Account Number Description Budget Amount Beginning Balance Debit This Period Credit This Period Ending Balance Fund 001 GENERAL FUND EXPENSE Dept 315 MUNICWAL. COURT 001- 31502250 Court Appointed Attorney Fee 25, 000. 00 0. 00 6, 41200 0. 00 6. 412. 00 Dept 315 EXPENSE i Dials- 25, 000. 00 0. 01) 6, 41200 0. 00 6. 412. 00 u zNw EXPENSE Totaly 25, 000 00 o V 0. 00 6, 41200 000 6, 412 SI P fund 001 Totals 25, 00000) 000 6, 412. 00 G, 412. 00 0. 00 6, 412, 00 Repan Totals: 25, 1x10 UU) 0. 00 6. 41200 000 6, 412 go c v ncm x0V oUm CN TLq NJ NmV GL- Summary T iul Balance( 05/ 17t2o 12- 11 56 AM) C821 First Amendment Leahy, Van Vactor, Page 87 of 106 P 1'` I Cox and Melendy ATTACHMENT 1, Page 89 of 108 ATTACHMENT General Ledger Summary Trial Balance User. mike Printed: 05/ 172012- 12: 05 PM Period I to 13, 2009 Amount Number Description Budget Amount Beginning Balance Debit This Period Credit This Period Ending Uolancc Fund- 001 GENERAL FUND EXPENSE Dept 315 MUNICIPAL COURT 001- 315- 602250 Court Appointed Attorney Pee 20, 000. 00 000 8, 18500 0. 00 8, 1 85m Dept 315 EXPENSE Totnls; 20, 000 00 000 8, 185 Uo 000 8, 185 00 N EXPENSE Totnls: 20, 00000 0. 00 8, 16500 0. 00 8, 18510 x m k a Fund 001 Totals: 20, 000. 00) 000 8, 185. 00 0. 00 8, 185. 00 Ripon Totals 20, 00000) 0. 00 8, 195. 00 0. 00 8, 185d1UvCu CcN aU a uA G N TLNNJ NmU GL- Summary trial Balance( 05117/ 2012- 12 05 PM) Pdgc I C821 First Amendment Leahy, Van Vactor, Page 88 of 106 Cox and Melendy ATTACHMENT 1, Page 90 of 108 ATTACHMENT Genera! Ledger Summary Trial Balance User. mike Printed. 05117/ 3D- t2- 12: 06 1' M Period I to 13( 010 Account Number Description Budget Amount Beginning Balance Debit This Permd Credit This Period Ending Balance Fund 001 GENERAL. FUND EXPENSE Dept 313 MUNICIPAL COtJI(" f 001- 315- 602250 Court Appmmcd Anamey Fa: 10, 000. 00 000 7, 37000 0. 00 7, 37000 Ucpi 315 EXPENSE Totals. 10, 000 00 000 7, 370. 00 0. 00 7, 370. 00 ry z N w EXPENSE Totals 2 10, 000. 00 0. 00 Goo 7, 370 W 7, 3700 G a a o Lund 001 Totals, 10, 000. 00) 000 7, 770. 00 0. 00 7, 37000 Report Tutals 10, 000. 00) 0. 00 7, 370. 00 U W 7, 370(1 cd 0cm 0V O N cm TLNNJ N V GL- Summary 1' oal Balance( 05/ 1712012- 12: 06 PM) C821 First Amendment Leahy, Van Vactor, Page 89 of 106 Page I Cox and Melendy ATTACHMENT 1, Page 91 of 108 ATTACHMENT 1 ATTACHMENT 2 CIVIL FORFEITURE OUTLINE ' fn pn AR ls Wc me ea WnNac or,d Cox and Melendy ATTACHMENT 1, Page 92 of 108 ATTACHMENT ATTACHMENT Civil Forfeiture Guidelines PI, Particular definitions. (ORS 131A.005(12)). a. "Prohibited CDnducV' means any felony or misdemeanor. i. There is no requirement that the prohibited conduct that gives rise to forfeiture be the same prohibited conduct that gave rise to the initial police contact. ii. Ultimately, unless ex-parte or with consent, forfeiture requires conviction for the prohibited conduct that resulted in the seizure. II Property subject to forfeiture. (ORS 131A. 020). a. Controlled substances. b. Production materials. c. Container for a controlled substance or production materials. d. Conveyances of any kind. e. Computers, books, data, etc. f. Money, negotiable instruments, deposit or other accounts, securities or" other things of value." g. Real property, including equitable interests in land-sale contracts. h. Weapons i. Any property used to attempt, solicit, or conspire. III. Particular requirements for certain kinds of property. a. Controlled substances, (ORS 131A.020(1)). i. Must have been manufactured, distributed,dispensed, possessed or acquired, ii. In the course of prohibited conduct. iii. Destruction requires written consent of DA.(ORS 131A.350(4)). IV. Note In most cases,the possession itself will constitute the prohibited conduct. However, narrow exceptions may exist. For example, possession of a legally prescribed controlled substance discovered in the course of a non-criminal traffic stop would not be subject to forfeiture. b. Production materials.(ORS 131A.020(2)). I. Includes raw materials, products, or equipment of any kind, if. Used In providing, manufacturing, compounding, processing, delivering, importing or exporting, iii. Any service or substance, iv. in the course of prohibited conduct. v. Note This provision is actually fairly broad, and may likely encompass any tangible thing not otherwise provided for. Some are obvious—scales, drug components, etc.Others are not so obvious-cellular phones, PDAs,computer equipment(other than computers—Le monitors, printers,etc),postage meters,credit card processing equipment, copiers, scanners, USB drives and other external computer storage devices. 22 ' Civil FdorfeitudreMGuidelines C8218Fir$teXmen men?xVan VactlondY Pa r89o)S bgS Cox and Melendy ATTACHMENT 1, Page 93 of 108 ATTACHMENT 1 ATTACHMENT c. Conveyances. (ORS 131A.020(4)). Yw i Used to transport,or Facilitate the transportation, sale, receipt, possession or concealment of controlled substances or production materials. iii. Used in prohibited conduct, or iv. Used to facilitate prohibited conduct In any manner v Note:There must be some evidence that the conveyance was actually used in the manner or for the purpose described above. For example, although it can be fairly presumed that a drug dealer uses his car to make deliveries,the mere fact that a car is in the driveway of the drug dealer's residence would likely be insufficient, in and of itself. vi. See below for additional discussion regarding motor vehicles. d. Money, etc. (ORS 131A.020(6)). i. Furnished in the course of prohibited conduct. ii. Proceeds of prohibited conduct. Iii. Used to facilitate prohibited conduct. iv. Must be deposited into an interest-bearing trust account.(ORS 131A.090(1)). 1. Account must be solely for seized property. 2. Cash must be deposited only when no longer needed for evidence in criminal prosecution. 3. Also deposit money from sale,lease,rent or operation of seized property. e. Real property. (ORS 131A.020(7)). i Includes appurtenances and improvements, ii. Used in any manner, iii. In whole or in part, iv. To commit or facilitate prohibited conduct. v. Note for example, a grow room in a shed on a 100-acre tract of land would subject the entire 100-acres to forfeiture. f. Weapons.(ORS 131A.020(8)). i. Any instrument of offensive or defensive combat,or ii. Anything used,or designed to be used in destroying, defeating or injuring a person,that was iii. Possessed, iv. Used,or v. Available for use in any manner vi To facilitate prohibited conduct. vii. Destruction requires written consent of DA.(ORS 131A.350(4)). viii. Note: Unlike other elements, this does not include the requirement to " commit" prohibited conduct. Presumably"commit" necessarily encompasses"facilitate." Z Civil Forfeiture Guidelines mFie? Ri YdlR niti 5 4s? 4dJ2@154dY P969601OPW Cox and Melendy ATTACHMENT 1, Page 94 of 108 ATTACHMENT ATTACHMENT IV. Special requirements regarding search of motor vehicles. (ORS 131A.025). a. If property seized solely on the basis of a consensual search of a motor vehicle,then not subject to forfeiture unless, I. Before consent, U. "A person" iii. Is provided written, multilingual(English/ Spanish) notice,that includes, 1. Advising the person has a right to refuse to consent to a search, 2 Advising that refusal to consent cannot be used against that person for any purpose, 3. Advising that anything found in the search can be seized as evidence of a crime or can be seized for forfeiture. b. Note: Although statute allows for providing notice to "a person," adequate notice probably requires that person be the owner or someone with a possessory interest. For example, the consent of one of three passengers in a car would not permit the search of other passengers'or their items. c. Note: There is no requirement that the person acknowledge receipt or understanding of the notice. V. Motor vehicles with hidden compartments. (ORS 131A.030) a. "Hidden compartment" means vehicle's original design modified by somebody other than the manufacturer, i. To create a container, space or enclosure, li For the purpose of concealing, hiding or otherwise preventing discovery of its contents, iii. And that is used or intended to be used to facilitate the commission of a criminal offense. b. if car retained by law enforcement, i No need to disable compartment.(ORS 131A.030(1)). C. If car not retained by law enforcement,or upon later sale,then i If cost of disabling compartment exceeds value of car, 1. Car must be sold for scrap or salvage, and 2. Buyer must disable compartment or the vehicle. ii. Otherwise, compartment must be disabled prior to sale. 1. Cost of disabling compartment is deducted from proceeds of sale prior to distribution.(ORS 131A.030(3)). VI. How seizure is made. a. Without warrant. (ORS 131A.065). I. Probable cause to believe property is subject to forfeiture, and 1. Warrantless seizure is otherwise constitutional; Ii. Seized in course and scope of a constitutionally valid criminal investigative stop, arrest or search, and 1. Probable cause to believe property Is subject to forfeiture; iii Directly or indirectly dangerous to the health or safety of any person;or Civil Forfeiture Guidelines csZ 1r fA4WeNd7 14'aSpV 7P E4U4dy FRag( "W Cox and Melendy ATTACHMENT 1, Page 95 of 108 ATTACHMENT AT7ACHMENT2 iv. An owner consents to a search. 1. Note It is because of this language that the notice given to"a person" during the search of a motor vehicle likely requires that person to be the owner of the property to be searched(i.e. bag). v. Note: Probable cause exists when cash,weapons or negotiable instruments are in close proximity to controlled substances or"instrumentalities of prohibited conduct." 1. "Instrumentality" means property used or intended to be used in prohibited conduct or that facilitates prohibited conduct. vi. Note: It is unlikely that intangible objects can be seized without a warrant. b with warrant (ORS 131A.060). I. Provide affidavit to judge establishing probable cause that property is subject to forfeiture. 1. Affidavit may come from forfeiture counselor police officer. ii Order may be made as part of a search warrant. 1 "Judge" includes municipal judge who has powers of a justice of the peace (ORS 131A.060(2), 133.525). 2 Order may specify manner in which intangible property may be seized. 3 Order shall direct person with custody or control to turn over to officer c. Deadlines. i. Once property is seized for any purpose,the seizing agency must determine whether the property is subject to forfeiture. 1. Such determination MUST be made within 30 days of seizure. (ORS 131A.105(1)). 2. NOTE:Statute appears to require"consultation"with the district attorney prior to decision on seizure for forfeiture The purpose of the consultation is unclear. a. Question: Is this intended to apply when criminal proceeding is In municipal court? Even if it is,who wilt care? Does the DA really want to be "consulted" on this every single time? h. Once property is determined subject to forfeiture, Notice of Seizure for Forfeiture and Receipt must be completed and served. (ORS 131A.150). 1. Service must be on person or persons who were in possession or control or apparent possession or control)of the property at the time it was seized. 2. Service must comply with requirements of ORCP 7D. (ORS 131A.150(4)). a. Appropriate methods of service are noted on the Notice. 3. Service must take place within 15 days of seizure for forfeiture. (ORS 131A.150(3)). 4 Civil Forfeiture Guidelines C82r ls't nvcffReK?'gahi°rr3AgAM6P,'y 900;Pi685 Cox and Melendy ATTACHMENT 1, Page 96 of 108 ATTACHMENT ATTACHMENT VII. Interim happenings. a Liens (ORS 131A.075). 1. Liens and security interests remain in force and subject to foreclosure or other enforcement action as if no seizure had taken place. (ORS 133A.075). ii. An action by a financial institution may be consolidated for trial with the forfeiture action. iii. If sold prior to conclusion of forfeiture action, proceeds distributed as follows: 1. Expenses of sale. 2. Cost of disabling hidden compartment in motor vehicle. 3. Payment of foreclosed security interests. a. Order of payment to be determined by court. 4. Seizing agency or court in which forfeiture action is pending. a. Note-Presumably payment to court would only be required where a claim had been filed but not resolved. b. Storage (ORS 131A 080). I. Property must be maintained "in a manner that is reasonably appropriate"to preserve the propertys value. (ORS 131A.080(1)). ii. Property in control of financial institution may remain there. (ORS 131A 080(3)). 1. Transactions involving the account are prohibited without a court order. a. Exception for deposits, reinvestment of dividends or other normally recurring payments on the property. 2 Accrued interest and/or principal disbursed as follows: (ORS 131A.090). a. if forfeiture fails, then to person from whom property was seized. b. If forfeiture entered, but some third-party rights established that, rn the aggregate, are equal to or larger than the accumulated interest,then to those parties in order of priority of their claims. c. If forfeiture succeeds, and if funds remain after paying lien- holders, remainder distributed pursuant to ORS 131A.360 and 131A.365. c. Sale, lease, rental and operation. (ORS 131A 085). i. Can apply to court for order authorizing sale, lease, rental or operation of seized property. 1. Subject to need to retain for evidence In criminal prosecution. 2. Court may set terms of sale,lease, rent or operation. ii. Must be in commercially reasonable manner. iii. May not materially reduce the property's value w. Prerequisites to order: 1. Notice and opportunity to be heard to all known interested persons,or who claim to have an Interest. 2. Consent of all holders all recorded security interests. 5 I Civif Forfeiture Guidelines Ce lr fdlFYeNdlSlcyrint@ralSl?'a'Effi4dy P Q6eJ§ 411tJb`' Cox and Melendy ATTACHMENT 1, Page 97 of 108 ATTACHMENT ATTACHMENT v. Proceeds paid into Interest bearing trust account 1 Rights of recorded security Interest holders attach to proceeds in account in order of priority of their claims d. Probable cause hearing. (ORS 131A.100). i. Person with an interest may file show cause to determine probable cause for seizure for forfeiture. 1. Must be filed with 15 days of service of Forfeiture Notice,or 2. Within 15 days person has actual knowledge, whichever is later. 3. Copy must be served on forfeiture counsel. ii. Court must hold hearing to determine probable cause. 1. Probable cause must exist on date of hearing. a. Note:This appears to allow property seized without probable cause to remain subject to seizure If probable cause is developed between date of seizure and date of hearing. 2. If no probable cause,property must be released. a. Note.This provision, unlike that following a substantive trial, does not appear to provide for recovery of costs,disbursements or attorney fees. Nor does it appear to require payment of costs of seizure,including satisfaction of chattel liens. Vltl. Claims processing. a. Claim must be filed within 21 days after service of forfeiture notice. (ORS 131A.165). i. If notice served by publication,then 21 days from last publication. 1 Extensions to file claims are prohibited.(ORS 131A.165(2)). b. Claim requirements. i. Signed under penalty of perjury. 1. Note: Does this mean notarized, or does a simple statement suffice? it. True name of claimant. 1. Note This may end the deal right there for those claimants who have issues about"true"names,etc. iii. Mallingaddress. Iv. Statement that the claimant has an interest in the seized property. 1. Note: No requirement to state nature, degree or basis of interest. c. Expedited hearing. (ORS 131A 170). i. Claimant may petition for an expedited hearing. 1. Petition must be filed 15 days after service of forfeiture notice. 2. Time may be extended by court for good cause. it. Petition may contain the claim if none has been previously filed. 1. Same claim requirements apply as stated above. iii. Petition requirements. 1 Must state one or more. a. Determination of any affirmative defense provided in ORS 131A.260. Civil Forfeiture Guidelines C821 Leahy,Van Vactor,Cox and Melendy Page 95 of 105 C621 First Amendment Leahy,Van Vactw, Page 96 of 106 Cox and Melendy ATTACHMENT 1, Page 98 of 108 ATTACHMENT ATTACHMENT b. Restoring custody during pendency of forfeiture proceedings. c. Appointment of a receiver. 2. Must be served on "all persons known to have an interest in the property" a. Note:There is no explicit requirement that it be served on forfeiture counsel. Does the sei2ing agency automatically acquire an "interest"for purposes of the forfeiture process? iv. Hearing must be held within 15 days after service. 1. Hearing limited to relief sought in Petition. v. Court may return custody of property to claimant. 1. Only if court finds property will remain available for forfeiture. 2. Court must also find a "reasonable probability'that petitioner will ultimately prevail. 3. Findings must be by a preponderance of the evidence. vi Petitioner may refiie if"subsequently discovers evidence relevant to the claimed relief." 1. New petition must be served according to ORS 131A.23O. a. Basically pursuant to ORCP 7D. Not clear how this is different than service of first petition. vu. Parties may stipulate to return of custody iforder complies with ORS 131A.18O(1). d. Expedited hearing on affirmative defenses.(ORS 131A.175). i. Evidentiary hearing relating to those affirmative defenses set forth in ORS 131A.26O. ii. If successful, property returned pending forfeiture proceeding 1. Unless forfeiting agency shows return will"prejudice"ability to seek forfeiture of other claimants'interest in the property. iii. Failure to prove affirmative defense at expedited hearing,case is continued as a regular forfeiture proceeding. 1 Note Presumably,this means the request for an expedited hearing on an affirmative defense constitutes a response that otherwise triggers a full-blown trial, even if that request is denied. e. Restoring custody.(ORS 131A.18O). i. If custody of seized property is ordered restored pending the outcome of the forfeiture action,then the order shall 1. Prohibit use or allowing use of property for unlawful conduct. 2. Require petition to service or maintain property in a"reasonably appropriate" manner to preserve its value. 3. Require petition to inform court of property's exact location at time of trial and to deliver property immediately upon issuance of judgment of forfeiture. s Civil Forfeiture Guidelines C821 Leahy,Van Vactor,Cox and Melendy Page 96 of 105C821FirstAmendmentLeahy,Van Vactor, Page 97 of 106 Cox and Melendy ATTACHMENT 1, Page 99 of 108 ATTACHMENT ATTACHMENT2 ii. Court may include any other provision it deems appropriate. 1. Seizing agency not liable for diminution of value as a result of disabling a hidden compartment in a motor vehicle. in. Order restoring property is enforceable by a contempt action that is: 1. "Brought on the relation of forfeiture counsel." a. Note: What does that mean? Does failure of the seizing agency to return the property to the custody of the petition result in forfeiture counsel being held in contempt? 2. By an order directing petition to deliver property to custody of forfeiting agency. 3. By an order awarding the forfeiting agency its reasonably incurred attorney fees,costs and investigative expenses. a. Note:This is the only place where "investigative expenses" are specifically mentioned. Presumably this contemplates the cost of re-locating the property to be for-felted afterjudgment? 4. By an order providing other remedies as the court deems appropriate. Ix. Ex-pane process. (ORS 131A.200). a. Requirements. i. Personal property. ii. No third-party interest known iii. No claim filed. b. File Petition for Forfeiture i Must state that the above requirements are met. ii Must include affidavit of service on all persons claiming an interest 1. Or, setting forth FACTS showing efforts to accomplish service. 2. Attach proof of publication if relevant c. Submit Petition, Affidavit and Judgment at ex-parte. X. Forfeiture lawsuit(other than ex-parte). (ORS 131A.225). a. Mandatory when i. Real property ii. Manufactured home iii. Floating home iv. Claim filed, or v. Third party has an interest(i e. lien). b. Timing. i. Suit must be filed within 15 days of receipt of a claim.(ORS 131A.225(2)). ii. Otherwise, within 30 days of seizure. 1. Note: Statute is unclear whether"seizure" means initial seizure,or seizure for forfeiture. Because notice is required to be submitted not later than 15 days after notice of seizure for forfeiture,then it would seem that's the "seizure"contemplated. Cg2 g Civiiill FCorfeitMure Guidelines C821 FirsF hr iennment Le'ahy,,ann Vacfo, FlaWRONS Cox and Melendy ATTACHMENT 1, Page 100 of 108 ATTACHMENT 1 ATTACHMENT c. Venue i. Real property—county in which property is located ii. All other—county in which property was seized orcounty in which any part of prohibited conduct took place. d. Filing. i. Complaint for forfeiture. (ORS 131A.225(4)). 1. Must attach inventory. 2. Must allege that there is probable cause for seizure a. Alternatively, can allege that there was a court order under ORS 131A 060 for seizure 3. Do NOT need to allege that any claimant has been convicted of a crime a Complaint may be amended at any time to allege conviction. 4. Not subject to any motion to strike, MSJ or any other motion based solely on lack of conviction. a Complaint IS subject to such motions when they allege acquittal or dismissal of the charges on which the forfeiture is based. e. Service. (ORS 131A.230). L Service and summons pursuant to ORCP. ii. Must also publish notice of action in addition to service. 1. Exception if notice was previously published. iii. If forfeiting a vehicle,service per ORCP 71)(4) is permitted IF personal service cannot otherwise be"reasonably accomplished." 1. DMV service grants jurisdiction over registered owner or operator. 2. Would still need to serve a lien holder separately iv. If a manufactured or floating home, forfeiting agency most record notice "In all public offices maintaining records that impart constructive notice of matters relating to manufactured dwellings or floating homes" 1. Note: Need to identify those agencies and prepare a list f. Response. i. Person claiming an interest must file a response. (OR5 131A.235). 1. If respondent has not previously filed a claim,such claim must be attached to the response. ii. Response or affidavit must be filed within 30 days of service of summons and complaint. 1. Note:Publication of notice of action is not contemplated when calculating deadline for response. (ORS 131A.240(3)). g Response by certain third parties( including successors in interest).(ORS 131A.240). i. Note:This is basically an out-0f-the-blocks MSJ, prior to filing a response. ii. Financial institution may respond by affidavit establishing its interest. iii. Contract buyer/seller may respond by affidavit stating that: 1 Did not acquire property with intent to defeat forfeiture. Civil Forfeiture Guidelines C8p i s PPm htlmen Le°ahy,°an acefor, Papg$J9800JJR, Cox and Melendy ATTACHMENT 1, Page 101 of 108 ATTACHMENT ATTACHMENT 2. Did not know,and did not have reason to know,that property constituted proceeds or an instrumentality of prohibited conduct a. Acquiescence requires claimant to have known of the prohibited conduct,AND 3. Did not acquiesce in the criminal conduct. a. Failed to take"reasonable action under the circumstances"to either terminate the conduct or prevent the use of the property to facilitate the conduct. iv. Mandatory objections.(ORS 131A.240(5)). 1 Forfeiting agency must file objections to any assertions in the above affidavits within 20 days of filing. (ORS 131A.240(4)). a. Claimant may file supplemental affidavit in response to objections. (ORS 131A.240(4)). i. Must be limited to issues raised In objection. ii. Must be filed within five days after filing of objections. 2 Failure to file objections conclusively establishes facts in claimant's affidavit for all purposes. v. Hearing on objections. (ORS 131A.245). 1. Court shall make determination from affidavits whether there is a genuine issue of material fact with respect to the assertions of the financial institution, buyer/ seller or successor in interest. a. If none, then: L Third party wins. Ii. Transferor, conveyor or successor in interest shall be deemed a"financial institution"for purposes of cha pter. iii. Forfeiting agency must pay costs,disbursements and attorney fees. b If questions of fact, then: i Third party must file a full responsive pleading within 15 days of order. ii. Court may order third party to pay attorney fees incurred in contesting third party affidavit IF affidavit is deemed "frivolous." (Whatever that means). h. Mandatory foreclosure.(ORS 131A,250). i. Upon filing of a responsive pleading or affidavit, the court shall foreclose 1. All security interests, 2. Liens 3. Vendor's interests a. Including contracts for transfer or conveyance, Civil Forfeiture Guidelines C821 Leahy,Van VaCtor.Cox and Melendy Page 99 of 105 C821 First Amendment Leahy,Van Vactor, Page 100 of 106 Cox and Melendy ATTACHMENT 1, Page 102 of 108 ATTACHMENT ATTACHMENT 4. If court determines legal or equitable basis for foreclosure a. Presumably this requires a proper party to request foreclosure of its interest. if. Claimant may obtain a deficiency judgment if law otherwise allows. iii. Note: Have no idea what this means. As written, It would appear that the act of responding (in any fashion)to the forfeiture suit triggers an automatic foreclosure of all interests.Alternatively, it may simply provide a mechanism whereby lien-holders or other interested parties( claimants)can ensure their place in the chow line. I. Our burden in forfeiture action. (ORS 131A.255). i. NOTE:This elements should be pleaded in the complaint. li. Must prove the following: (ORS 131A.255(1)). 1. "A person has been convicted of a crime" 2. "That constitutes prohibited conduct" 3. Property to be forfeited is: a. Proceeds of the crime for which the person has been convicted, or of one or more other,similar crimes b An instrumentality of the crime for which the person has been convicted,or of one or more other,simdor crimes Iii. Alternatively, if claimant not convicted, then (ORS 131A 255(2)). 1. Another person has been convicted of a crime that constitutes prohibited conduct. 2. The above requirements are met. 3. Claimant either a. Took property with the intent to defeat forfeiture, b. Knew or should have known that property was proceeds of prohibited conduct,or c. Acquiesced in the prohibited conduct. iv. Standard of proof.(ORS 131A 255(3)). 1. Personal property a. Preponderance of the evidence 2. Real property a, Clear and convincing. v. Burden shift. (ORS 131A.255(5)). 1. If cash, weapons or negotiable instruments found in close proximity to controlled substances or instrumentalities of prohibited conduct, a. Burden shifts to claimant to prove by a preponderance of the evidence that the cash, weapons or negotiable instruments are neither proceeds nor instrumentalities of prohibited conduct. vi. Affirmative defenses.(ORS 131A,260). 1 Property seized in violation of ORS 131A.025(consensual search of motor vehicle). Civil Forfeiture Guidelines C621 Leahy,Van Vador,Cox and Melendy Page 100 of 105 C821 First Amendment Leahy,Van Vaclor, Page 101 of 106 Cox and Melendy ATTACHMENT 1, Page 103 of 108 ATTACHMENT ATTACHMENT 2. Controlled substance was for personal use if forfeiture action is against real property used as an instrumentality of prohibited conduct relating to controlled substances. a. Note: Probably negates areal property forfeiture for a marijuana grow If the amount grown is limited to personal use 3. Affirmative defenses must be proven by a preponderance of the evidence. a. If so proven, claimant wins. 4. Above defenses appear to be the exclusive affirmative defenses that are available to a claimant. I. Stay of action. (ORS 131A.265). I. Bymotion, and li For good cause, including but not limited to: 1. By claimant. a A reasonable fear that claimant could be prosecuted for conduct arising out of same factual situation. 2. By forfeiture counsel. a. Buy time for conviction. iii. Upon filing of criminal charges. (ORS 131A.265(2)) 1. Stay remains in effect until final resolution of criminal proceeding. 2. Motion for stay by defendant in the related criminal proceeding constitutes a waiver of double jeopardy as to both the forfeiture action and any related criminal proceeding iv. Stayed action can be consolidated with any related criminal proceeding. 1. Note: Because forfeiture action must be filed in circuit court, it is unlikely this would ever occur. v. Stay can be lifted upon motion showing good cause for stay no longer exists. XI. Judgment (ex-parte and contested).(CRS 131A.3O0). a Must recite basis for judgment. b. Copy of judgment must be sent to the Asset Forfeiture Oversight Advisory Committee c. If court rinds against ALL claimants who have appeared in the action: (ORS 131A.3O5(i)). I. Judgment should note transfer of title to forfeiting agency. 1. Free of any interest or encumbrance in favor of any person who has been given notice of the proceedings. d. If any party's interest is NOT foreclosed:(ORS 131A.3056(2)). i. Judgment should note transfer of title to forfeiting agency,subject to non- foreclosed interests. 1. Note:See below regarding distribution of proceeds to holders of non- foreclosed interests. ii. Seizing agency shall pay costs of all storage,towing,and ensure discharge of any chattel liens created as a result of the seizure. 12 l Civil Forfeiture Guidelines C821 Leahy,Van Vacor,Cox and Melendy Page 101 of 10 C821 First Amendment Leahy,Van Vactor, Pag® 102 of 106'0 Cox and Melendy ATTACHMENT 1, Page 104 of 108 ATTACHMENT ATTACHMENT 1. Note:This appears intended to ensure that the non-foreclosed claimants do not lose their interests to superior chattel liens. XII. Post judgment. a. Complete and mail AFOAC Seizure Information Form (Form-1).(ORS 131A.450(2)). XIII. Disposition of property. a. Options.(OR5 131A 350). i. Sell, lease, lend or transfer to any government agency. ii. Sell to public "or other commercially reasonable sale"and pay expenses of keeping and selling the property. Iii. Retain property. iv. Destroy firearms or controlled substances. 1. Requires written authorization of DA. b. Distribution upon sale. i, Use AFOAC Asset Distribution(Form-2). ii. Orug-related forfeitures. (ORS 131A.360). 1. Costs, disbursements and attorney fees. a. Includes special expenses such as provision of currency for undercover use. b Includes costs of disabling a hidden compartment in a vehicle. c. Includes expense of maintaining the seized property. 2. Illegal Drug Cleanup Fund. a. 5-percent. b. Department of Environmental Quality, Business Office,811 SE Sixth Ave., Portland, OR 97204. 3. Asset Forfeiture Oversight Account. a. 2.5-percent b. AFOAC,c/o Oregon Criminal Justice Commission, 885 Summer St. NE,Salem,OR 97301. 4. Oregon Criminal Justice Commission a. 20-percent b. Oregon Criminal Justice Commission,885 Summer St NE, Salem,OR 97301. 5 State Commission on Children and Families (for Relief Nurseries). a 10-percent b. State Commission on Children &Families, 530 Center Street NE, Suite 405,Salem, OR 97301. 6. County. a. Pursuant to IGA 7. Remainder( mandatory and exclusive list). (ORS 131A.360(6)). a. Purchase of equipment necessary for the enforcement of drug laws. b. Currency for undercover law enforcement operations. 13 ; Civil Forfeiture Guidelines C811 Leahy,Van Vactor Cox and Melendy Paq 1 2 5 C821 first Amendment Leahy,Van Vactor, Page iO3 0el06 Cox and Melendy ATTACHMENT 1, Page 105 of 108 ATTACHMENT ATTACHMENT c. Drug awareness&education programs in middle and high schools. d. Expenses for operating joint narcotics operations with other forfeiting agencies. e. DA expenses for drug prosecutions. S. Grow and lab equipment seized maybe donated to any public school, community college or institution of higher education. (ORS 131A.360(7)). a. This distribution is in lieu of those Identified above. b. Note: Last one likely includes private universities 9. Timing. (ORS 131A360(g)). a. Must sell enough property to make distributions. b Must make distributions within 20 days of the end of each quarter. 1 Civil Forfeiture Guidelines oo nCatLeahy,Van Vactor,Cox and Melendy paabet(}4o rlbti5C821firstAmentlmentLeahy,Van Vactor, 9 Cox and Melendy ATTACHMENT 1, Page 106 of 108 ATTACHMENT ATTACHMENT SPRINGFIELD OREGON Attachment 4 Authorization to Legally Bind Bidder The person executing this Bid and the instruments referred to herein on behalf of the Bidder has the legal power, right, and actual authority to submit this Bid, and to bind the Bidder to the terms and conditions of this Bid. Signature of 6efson authorized to bind Bidder) Dated Matthew J. Cox Print Name of Person signing as authorized to bind Bidder Partner Title of Person signing as authorized to bind Bidder inahy, Van Vactor, Cox & Melendy, TI.P 541) 746-9621 Firm Name Phone 188 West B Street, Building N 541) 746- 4109 Address Fax Springfield, Oregon 97477 mjc@emeraldlaw.com City, State, Zip email address RFQ#740 Municipal Court Prosecutor Services Page 23 of 25 C821 Leahy,Van Vactor,Cox and Melendy Pane 10 ?411t%5C821FirstAmendmentLeahy,Van Vector, Page 105 0 Cox and Melendy ATTACHMENT 1, Page 107 of 108 ATTACHMENT ATTACfJJTJq" t_a_ SPRINGFIELD te^z A OREGON MWESB/DBEVoluntary Self-Declaration for City Procurement k RFQ#740 or Project No. P N/A The City of Springfield is seeking information on the various business entities that submit bids and proposals for working with the City. We request that you provide the following Information to assist us with evaluating our efforts at reaching the underrepresented sectors of the business and construction communities. The City does not intend to use this data as criteria for selecting the successful bidders or proposers for city-funded procurements For procurements with state or federal DBE requirements,the City will use the forms and criteria established by the state or federal agency for selecting the successful bidders or proposers Please include this form with your bidlproposai submittal to the City. Busmess Name I-ealaY Van Vactor, Cox & Melendy, UP Contact Person Business Address IBB West B Street, Building N Springfield, Oregon 97477 Business Phone ( 541) 746-9621 Please check each box indicating the business certification type that your firm has with the State of Oregon or the federal government,if any Oregon Minority-owned Business Oregon Woman-owned Business Oregon Emerging Small Business Federal Disadvantaged Business Enterprise(DBE) QNone of the above RFG#740 Municipal Court Prosecutor Services Page 25 of 25 0827 Lean Van Vaga en Al'oer. y Pa`F0 of tdtiC821FirstAmntlmentLeahy,Van actor, 9 Cox and Melendy ATTACHMENT 1, Page 108 of 108