Request for Proposal - City of Trotwood Prosecutor
The purpose of the position is to provide, pursuant to the Ohio Revised Code and the charter of the City of Trotwood, a prosecutor to represent the City of Trotwood. This position is responsible for the administration and prosecution of criminal and traffic cases filed by the law enforcement community.
It will be this applicant’s duty to prosecute appropriate cases relative to the activities of the City of Trotwood. This person may also be required to provide in-service training to officers of the City of Trotwood Police Department in the legal requirements for gathering evidence, investigating cases, interpretation of new laws and be accessible to provide guidance in support of their activities.
II. DESCRIPTION OF GENERAL DUTIES
This person will prosecute criminal and traffic cases arising within the jurisdiction of the City of Trotwood. This includes cases from the Trotwood Police Department, the Ohio State Patrol, Montgomery County Sheriff, Ohio Department of Liquor Control, Ohio Department of Natural Resources, Montgomery County Animal Control, and City of Trotwood Code Enforcement. This person will also review police reports and decide which, if any, charges should be authorized. This person will also advise the City of Trotwood Police Department in all matters relating to criminal and traffic charges filed within its jurisdiction in the Montgomery County Municipal Court. This person will review reports and complaints brought by citizens as to possible criminal charges. This person will handle appeals from criminal and traffic prosecutions from the Montgomery County Municipal Court occurring in the City of Trotwood.
III. ONGOING RESPONSIBILITIES
The applicant will:
1. Manage all applicable cases to completion and insure cases are complete and ready for trial, including evidence and witness presentation.
2. Meet with arresting officer(s) to review cases and testimony prior to court presentation and assist and advise officer(s) in the proper method of case preparation.
3. Attend periodic meetings to advise the police department of problem areas, new law and recommend possible procedural or policy changes. Updates of changes in laws or procedures should be provided on a regular basis.
4. Provide strong, consistent handling of cases to include a review of cases which have been dismissed and to advise officers of errors. This person should also provide legal assistance concerning criminal cases and work with the city law director in advising the city on an as-needed basis on other topics.
5. Work and consult with Victims Advocates on personal violence cases.
6. Prepare subpoenas for witnesses, including police officers, with the goal of successful conviction with a minimum of time with the police officers involved.
7. Occasionally attend council meetings. Meet with the Police Chief and City Manager to discuss areas of concern regarding the prosecution of criminal cases.
IV. ORGANIZATIONAL RELATIONSHIPS
The city prosecutor serves at the pleasure of the City and is functionally responsible to the City of Trotwood Police Chief. Policy matters as well as cases where real and/or potential liability from the criminal and traffic cases of the City of Trotwood Police Department should be resolved and discussed.
The City of Trotwood municipal court docket will likely run all day every Wednesday. The city prosecutor should have a continuing relationship with the Montgomery County Municipal Court. This relationship will include an understanding of the court’s docketing procedures and available times for hearing of cases. This person should be able to provide the court with information on warrants and cases as the court may request. The prosecutor should be aware of decisions by the court or decisions of the court which may affect the operation of the prosecutor’s office or the police department. The prosecutor should also advise law enforcement of decisions which may affect the handling of cases and the presentation of cases in front of the court so that all parties are familiar with the constant changes in the criminal justice arena.
V. MINIMUM QUALIFICATIONS
The applicant will be licensed to practice law in the State of Ohio with a minimum of three years as a practicing attorney and significant experience with prosecuting cases in municipal or common pleas court. This position requires the ability to plan and present legal seminars, good communication skills, written and oral skills along with demonstrated administrative skills.
VI. EXPECTED RESULTS
The City of Trotwood expects the prosecutor to professionally represent the interest of the city in presentation of criminal and traffic cases before the Montgomery County Municipal Court. Good relations are expected of the prosecutor with the criminal justice community not limited to, police officers, other attorneys, court personnel, etc.
As a condition of the selection, the applicant is required to agree to the following, inasmuch as many of the items listed herein are important to the city in terms of selection and/or will be an integral part of an agreement between the applicant and the city.
1. The city reserves the right to accept or reject any or all proposals.
2. By submission of a proposal, the applicant agrees that said proposal shall not be withdrawn nor altered without the written permission of the city for 60 days after
submission. The applicant, if selected, will enter into an agreement within 30 days after being selected under the terms, conditions, etc. consistent with the submitted proposal of said terms and conditions as mutually agreeable between the city and applicant.
3. The applicant must provide all necessary overhead costs, non-salary expenses, support staff services, etc. to accomplish the responsibilities of this position unless specifically negotiated prior to the signing of the contract.
4. Assurances must be given that membership is appropriately current in professional organizations such as the Ohio State Bar Association, Dayton Bar Association, Trial Lawyers Associations or similar professional affiliations and continuing legal education (CLE’s) to keep law license current.
5. Assurances must be provided to validate completion of a J.D. (“Juris Doctor” or “Doctor of Jurisprudence”) and currently licensed to practice law in the State of Ohio.
VIII. CHARGES FOR PROSECUTORIAL SERVICES
A proposed cost including a flat rate, hourly rate, or combination thereof shall be prepared for the applicant’s services rendered to the City of Trotwood detailing costs for services as described under Sections II, III and IV.
IX. PLEASE PROVIDE THE FOLLOWING INFORMATION WITH THE RFP:
1. Copies of Professional Organization and/or Association memberships.
2. Documentation establishing the applicant’s ability to practice law in Ohio
3. Law Firm Association (if applicable), Address and Phone Numbers.
Submissions accepted until Monday, March 5, 2018 by 3:00 p.m.
Please forward all documentation to:
Chief of Police, City of Trotwood, 3035 Olive Road, Trotwood, OH 45426.