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HomeMy WebLinkAboutCOM 0738.000 2004-2006 MY Y'Ol H Harry Kim William Takaba b/m~°~. ~ D~reclor - Nasty E. Crawford ' he ntll' hire c'tor Yt1 o, ~M':~1 County of Hawaii Finance Department 25 Aupuni Street, Room I IR • Hilo. Ila~rali 96720 (ffi)R)9G1-A234 • Fa.e fRORl 96l-R24R March 6, 2006 Stacy K. Higa, Chairperson and Members of the Hawaii County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Resolution Creating Positions Enclosed is a resolution creating an Investigator III (Temporary) position and a Legal Assistant II (Temporary) position for the Office of the Prosecuting Attorney's Non-Support Prosecution project team. The County Council recently approved the acceptance of the State of Hawaii Department of the Attorney General's Crime Prevention & Justice Assistance Division's Non-Support Prosecution grant which will be funding these two new positions. The team will investigate individuals who are persistently non-compliant of child support orders and with an emphasis on individuals with "off the books" income who evade their responsibility to support their children. The Investigator III (Temporary) position will provide investigative and follow-up support which is critical to the identification and development of persistent non-support cases and the Legal Assistant II (Temporary) position will provide the paralegal support for this project. If there are any questions, please do not hesitate to call the Office of the Prosecuting Attorney. 12,; William Taka Director of Finance APPROVED: Harry Kim Mayor Enc. 738 Comm. No. cc: Prosecuting Attorney Raf. To: -~t~ Raf. Uo1e I'H <,p~-,. a•~$~~b} Hawai'i County is an Equal Opportunity Provider and Employer Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: Prosecuting Attorney DATE: March 2, 2006 STAFF CONTACT: Nancy Kelly PHONE: 934-3315 A. REQUEST: Establish new Legal Assistant II position for the Non-Support Prosecution Project. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): We have been approved to receive federal funds to implement aNon-Support Prosecution Project. The grant provides salary and fringe benefits for this position. SIGNED: ~ DATE: MAR 0 2 2006 Departm nt Head Form B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: Prosecuting Attorney DATE: March 2, 2006 STAFF CONTACT: Nancy Kelly PHONE: 934-3315 A. REQUEST: Establish new Investigator III position for the Non-Support Prosecution Project. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): We have been approved to receive federal funds to implement aNon-Support Prosecution Project. The grant provides salary and fringe benefits for this position. SIGNED: ~gcc.v`u- DATE: MAR 0 2 2006 Department Head REQUEST fOR ORGANIZATIONAL CHANGES AND/OR POSITION ACTIONS TO: MANAGING DIRECTOR DATE: 2/27/06 FROM: DEPARTMENT: Prosecuting Attorney DIVISIONIBRANCH: Hilo Office REQUEST: ® NEW POSITION Investigator 111 SR 20 TITLE PAY GRADE ? REALLOCATION POS.NO. CURRENT TITLE PAY GRADE PROPOSED TITLE PAY GRADE ? OTHER Ichange in FrE. tmnsfec e~c.l POS, NO. CURRENT TITLE PAY GRADE COMMENTS: The Prosecutor's Office has been approved to receive federal funds for this temporary position. 2!27106 DATE ~ DEP RTMENT HEAD APPROVED ? DISAPPROVED MIAR ' 3 10U6 MANAGING pIRECTOR DATE DCS CP-005 (2/93)(11/93)(7/01)(10/03) r NEW POSITION INFORMATION FORM Department: PROSECUTING ATTORNEY Date: 2127!06 Division/Branch: Hilo Office # of Similar Pay Fund Pos. in Class Title Grade Sala Source De t. Investigator III SR-20 $ 3136 Federal 1 er mo. 1. Give reasons how new duties arose (statutes enacted, ordinances, newly authorized programs, basis for increased workloads, etc.): Federal grant funds have been awarded to implement aNon-Support Prosecution project in Hawaii County. An Investigator III position will provide the investigative support necessary to fulfill the project's goals and objectives. 2. Can new duties be assigned to existing positions or handled in other way such as short term contracts, etc. No. Existing staff will not be able to handle the additional workload generated by the project. 3. How will new position increase the efficiency/effectiveness of operations? (Use productivity measurements where possible.): This investigator position will provide investigative support for the non-support prosecution project which will include investigation, case preparation and support for the project attorney and legal assistant. This will ensure the efficiency and effectiveness of the project. New Position Form Page 2 4. Alternatives that were considered in lieu of new position. (Have technological changes been considered?) There are no technological alternatives for the legal assistant work required. 5. Why were manpower needs not planned through budgetary process? Due to budgetary constraints county funds were not available to implement this project. Federal funds were recently awarded to our office to implement this project which will investigate and prosecute persistent non-support offenders with primary focus on offenders with income generated by illegal means. 6. List other rationale or pertinent statements and data: The Investigator III will provide investigative and follow-up support critical to identification and development of persistent non-support cases. DCS CP-002 (2J93) DEPARTMENT OF CIVIL SERVICE LOCATION COUNTY OF HAWAII Dept. Prosecuting Attorney 1. Position No. NBW Div. or Bur. POSITION DESCRIPTION FORM section Type: Civil Service Exempt Geog. Loc Permanent Temporary Full-Time ? Part-Time ? 2. FOR CIVIL SERVICE USE ONLY Allocation Class Salary Range Effective Date Approved. Date By. Authority Date Director of Personnel 3. DUTIES OF THE POSITION List each duty assigned to the position separately. Arrange these duties in logical order beginning with those peAormetl most frequently and followed by those pedormetl occasionally. Be clear, complete, and concise. Stick to statements of tact; avoid [he use of vague of general terms. Give an estimate of the average amount of time spent in pedonning each major tluty. If a reallocation of the position is requested, show the exact changes in tluties, reasons for these changes antl the exact tlate when these changes oaurretl. If more space is needetl, use a blank sheet and attach to this form. Show The Investigator III conducts investigations, under general supervision, for the Prosecuting Attorney, the State of time Attorney General and other governmental agencies as assigned: Under the general supervision of the Investigator V{, investigates cases in which there have been persistent non- payment of support, to ascertain the extent and nature of the violation by evaluating the nature of the violation through the examination of financial data and other data sources to determine if the case is sufficient for prosecution; obtains 80 information and evidence; performs research on the laws; performs investigative work in connection with grand jury and court proceedings; coordinates the implementation of interagency agreements and contacts; gathers data to check on the validity of the objectives of the persistent non-payment project.(1,2,3) Prepares data, diagrams, photographs, computer presentations, and case materials for presentation in court; prepares 15 background information on prospective witnesses/jurors; checks background of suspects and check for career criminal classification, sentencing information and pardons; assists the Prosecuting Attorney and his deputies in the preparation of cases; makes recommendations as to the weight of evidence, reliability and credibility of witnesses; testifies in court as a material witness; secures witnesses and questions witnesses; (1,2) Maintains and operates firearms and other non-lethal weapons; may operate various types of specialized investigative 5 equipment; and other related duties. (2) (1) The performance of this function is the reason that the job exists. (2) The number of other employees available to perform this function is limited; (3) This function is highly specialized, and employee is hired for special expertise or ability to perform this function. 4. SUPERVISION RECEIVED Give the position no. and title of immediate supervisor of this position. Position Number 00-02985 Title Investigator VI 5• SUPERVISORY RESPONSIBILITIES OF THE POSITION List must coincide with the official organization chart Position No. Title Nature of Supervision DCS CP-001 (2/90) 8. Present Class Pay Grade 7. REQUESTED ACTION New Position-Initial Allocation ®Change in Duties and Responsibilities-Reallocation ? Redescription -Review ? Effective Date ! Requested Class Allocation Investigator III Pay Grade SR-20 8. CERTIFICATION OF EMPLOYEE The duties 8 responsibilities described above are accurate and complete. Employee's Name (Print) Employee's Signature Date y. STATEMENT OF IMMEDIATE SUPERVISOR a. Describe the nature and extent of supervision, which you exercise over this position. Immediate supervision. b. Indicate the qualifications absolutely necessary to perform the duties of the position. Keep in mind the position itself and the qualifications a new employee must bring to the position rather than the qualifications of the employee who now occu ies it. Education -General Basic Qualifications Necessary for Work Pertormance Circle hi hest ear Elements and Hi h School 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 S ecial or Professional: Colle e 1 2 3 4 1 2 3 4 Kind: Work Experience-Kind See attached. and length in years Knowledge skills and See attached. abilities: Physical requirements: Good Health. Licenses or certificates required: Hawaii State driver's license, class 3 or any other comparable valid motor vehicle operator's license. 10. CERTIFICATION OF IMMEDIATE SUPERVISOR I certify that the above statements are accurate and complete. Immediate Supervisor's Signature Date 11. CERTIFICATION OF DIVISION HEAD I certify that the above statements are accurate and complete. Division Head's Signature Date 12. CERTIFICATION OF DEPARTMENT HEAD I certify that the above statements are accurate and complete. Department Head's Signature ~ Date -~~-'7~~~ Distribution: Ori final -Civil Service; 1 s~ co - De rtment; 2ntl Co - Em to ee Investigator III Work Experience: A combination of education and experience substantially equivalent to graduation from an accredited college or university with major work in social work, sociology, psychology, public administration, or a related field and at least one and a half (1-I/2) years of investigational or law enforcement experience. Qualification for Fireanns: Must be qualified to carry and/or possess firearm or ammunition in accordance with state and federal laws, e.g., no misdemeanor or felony domestic violence conviction. Knowledge of: investigational methods and techniques; basic elements of criminal behavior; the rules of evidence and laws of arrest; court procedures and legal instruments; the jurisdiction and functions of the various law enforcement and governmental agencies and departments; interviewing methods and interrogation techniques; report writing; the geographic, economic, social, and racial composition of the community. Ability to: interpret laws and regulations; apply investigating principles and techniques; make sound observations, remember facts, and give testimony based thereon; secure and analyze data; write clear and concise reports; scrutinize behavior of individuals and situations; understand the psychology of human behavior; deal effectively with the public and representatives of governmental agencies. Justification of Driver's License: As part of the investigator III's duties, the investigator will have to travel to vazious areas within the county to conduct interviews and gathering of evidence. Also, the investigator will have to travel to other agencies that are part of this project, i.e. the Hawaii County Police Department. The investigator may also be required to transport evidence and/or witnesses for the investigation and trial if necessary. Firearms Justification: The investigator III needs to be armed due to the areas that will be involved. The investigator will have to travel to secluded areas and areas of high crime as part of the investigation and it is necessary for the protection of anyone in the team and the investigator. Also, the investigator may have to transport a fugitive that has been charged under this grant. The transportation of the fugitive would require the escorting investigator to be armed for the protection of the public, fugitive and the escorts. SOURCE OF FUNDS FOR NEW POSITION/REALLOCATION/CHANGE IN FTE 1. COMPUTATION OF FUNDS REQUIRED FOR POSITION NO. new (If no position number indicate "new".) a} New monthly salary $ 3136 b) Present monthly salary specifically included in FY budget (If NOT BUDGETED, INDICATE -0-) $ -0- c} Net funds required (Item "a" minus Item "b") $ 3136 d) Remaining number of months in current fiscal year 3 e} Funds required in remainder of fiscal year (Items "c" x Item "d") $ 9408 2. AVAILABILITY OF FUNDS a) What is the position's fund source {county, state, federal)? federal b) Funds are budgeted in account number: 010.271.5271.72 c) Funds are available in account number: Transfer to account number: d) Request to transfer funds for reallocation: From: 010-911-591 1.70-341 Provision for Reallocation $ Total Amount To: Account Number Account Title I certify that the information is correct and funds are available, and that the funds may be used for the classification action as requested. r L , Departm nt ead Date DCS CP-004 (2/931 Rev. 8194; 8/97 REQUEST FOR ORGANIZATIONAL CHANGES AND/OR POSITION ACTIONS TO: MANAGING DIRECTOR DATE: 2/27/06 FROM: DEPARTMENT: Prosecuting Attorney DIVISION/BRANCH: Hilo Office REQUEST: ® NEW POSITION Legal Assistant II SR 20 TITLE PAY GRADE ? REALLOCATION POS.NO. CURRENT TITLE PAY GRADE PROPOSED TITLE PAY GRADE ? OTHER Ichange In RE. irareter, etc. POS. NO. CURRENT TITLE PAY GRADE COMMENTS: The Prosecutor's Office has been approved to receive federal funds for this temporary position, / , 2(27/06 i DATE DEPARTMENT HEAD I [APPROVED ? DISAPPROVED L~L.1~0J'X/~r MAR - 3 2006 MANAGING DIRECTOR DATE DCS CP-005 (2(93)(11/93)(7(01)(10/03) ~J.:~ ,.a DEPARTMENT OF CIVIL SERVICE LOCATION COUNTY OF HAWAII Dept. Prosecuting Attorney 1. Position No. NeW Div. or Bur. POSITION DESCRIPTION FORM section Type: Civil Service Exempt Geog. Loc Hilo Permanent Temporary Full-Time ® Part-Time ? 2. FOR CIVIL SERVICE USE ONLY Allocation Class Salary Range Effective Date Approved: Date By: Authority Date Director of Personnel 3. pUTIES OF THE POSITION List each duty assigned to the position separately. Arrenge these duties in logical order beginning with those pertormetl most frequently and followed by Nose performed occasionally. Be clear, complete, and concise. Stick to statements of fact; avoid the use of vague of general terms. Give an estimate of the average amount of time spent in pertonning each major duty. If a reallocation of Ne position is requested, show the exact changes in duties, reasons far these changes and the exact tlate when these changes occurred. If more space is needed, use a blank sheet and attach to Nis form. Performs paralegal work in support of attorneys and investigations which require substantial judgment and discretion in the application of knowledge Show of legal procedures, practices, and law; establishes evidence and develops cases; performs legal research; prepares drafts, outlines or summaries of legal subjects, laws, statutes, briefs and other legal documents; and performs other related duties as assigned. of time Assists attorneys and investigators in court by coordinating the presentation of exhibits and witnesses and by preparing witnesses for testimony; does monthly appellate case updates as requested; (t)(2) 30 Interviews victimshwitnesses to verity evidence, obtains written statements when possible, and gets cooperation for judicial proceadings~, indexes and organizes investigative and trial material including exhibit binders, discovery and witness summaries; (1)(2)(3) 30 Pertortns legal research and prepares summaries of specific decisions, laws, statutes, legal subjects, etc.: verifies and updates cited caselaws, statutes and other legal authorities; (1)(2) 10 Wdtes frst drafts and/or outlines of briefs, memos, legal opinions, stipulations, orders and other legal documents; monitors administrative and judicial forfeitures; may prepare drafts of new or corrective legislation and rules; prepares summaries of investigations with the investigative or law 10 enforcement agencies; (1)(2) Explains legal procedures, requirements and interpretations based on precedents and discussions with attorneys; assures proper evidencing in support of the office position; (1)(2) 5 Monitors compliance to decisions, stipulations and orders; reviews legal decisions opinions, rulings and other legal material to keep abreast of developments;.(i)(2) 5 Provides preliminary legal consultation to victims/witnesses, departments, agencies, etc., and other legal work normally performed by the deputy prosecuting attorneys, except duties that may constitute the unauthorized practice of law. (1)(2) 5 Performs other related duties as assigned. (1)(2) 5 (t) The performance of this function is the reason that the job exists; (2) The number of other employees available to perform this function is limited; (3) This function is highly specialized, and employee is hired for special expertise or ability to perform this function. 4. SUPERVISION RECEIVED Give the position no. and title of immediate supervisor of this position. Position Number ZO-00027 Title First Deputy Prosecuting Attorney 5• SUPERVISORY RESPONSIBILITIES OF THE POSITION List must coincide with the official organization chart Position No. Title Nature of Supervision DCS CP-001 (2/90) 6. Present Class Pay Grade 7. REQUESTED ACTION New Position-Initial Allocation Change in Duties and Responsibilities-Reallocation Redescription -Review xx Effective Date Requested Class Allocation Legal Assistant II Pay Grade SR-20 8. CERTIFICATION OF EMPLOYEE The duties & responsibilities described above are accurate and complete. Employee's Name (Print} Employee's Signature Date g. STATEMENT OF IMMEDIATE SUPERVISOR a. Describe the nature and extent of supervision, which you exercise over this position. b. Indicate the qualifications absolutely necessary to perform the duties of the position. Keep in mind the position itself and the qualifications a new employee must bring to the position rather than the qualifications of the employee who now occu ies it. Education -General Basic Qualifications Necessary for Work Performance Circle hi hest ear Elements and Hi h School 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 S ecial or Professional: Colle e 1 2 3 4 1 2 3 4 Kind: Work Experience-Kind Three years of work experience in a law office involving interviewing, legal research, evaluation and length in years and analysis of legal issues, preparation of legal reports, documents and correspondence. Knowledge skills and Knowledge of: interviewing techniques, rules of evidence; legal system and procedures; legal abilities: research methods and sources of legal information. Ability to: understand and explain legal processes and procedures; recognize and avoid potential problems in the unauthorized practice of law; read and understand laws, statutes, rules and legal documents; evaluate and analyze facts and legal issues; prepare legal reports, documents and correspondence; speak clearly, follow oral and written instructions; and deal tactfully and effectively with others. Physical requirements: Light duty physical effort group. Licenses or certificates required: Possession of a valid State of Hawaii driver's license (Class 3) or any other comparable motor vehicle operator's license. 10. CERTIFICATION OF IMMEDIATE SUPERVISOR I certify that the above statements are accurate and complete. Immediate Supervisor's Signature Date 11. CERTIFICATION OF DIVISION HEAD I certify that the above statements are accurate and complete. Division Head's Signature Date 12. CERTIFICATION OF DEPARTMENT HEAD I certify that the a ove statements are accurate and complete. Department Head's Signature sn-otJ~.` Date 03101/06 Distribution: Ori final -Civil Service; 15~ co - D artment 2ntl Co - Em to ee Legal Assistant II License Requirement: A driver's license is warranted in situations involving legal consultation with victims or witnesses when they are unable to meet at the office. It may be necessary in the absence of available investigators, to provide transportation to victims/witnesses for remote settings or to conduct interviews and verify evidence. NEW POSITION INFORMATION FORM Department: PROSECUTING ATTORNEY Date: 2/27/06 Division/Branch: Hilo Office # of Similar Pay Fund Pos. in Class Title Grade Salary Source Dept. Legal Assistant II SR-20 $ 3136 Federal 1 per mo. 1. Give reasons how new duties arose (statutes enacted, ordinances, newly authorized programs, basis for increased workloads, etc.): Federal grant funds have been awarded to implement aNon-Support Prosecution project in Hawaii County. A Legal Assistant II position will provide the paralegal support necessary to fulfill the project's goals and objectives. 2. Can new duties be assigned to existing positions or handled in other way such as short term contracts, etc. No. Existing staff will not be able to handle the additional workload generated by the project. 3. How will new position increase the efficiency/effectiveness of operations? jUse productivity measurements where possible.): This legal assistant position will provide paralegal support for the non-support prosecution project which will include research, case preparation and support for the project attorney and investigator. This will ensure the efficiency and effectiveness of the project. New Position Form Page 2 4. Alternatives that were considered in lieu of new position. (Have technological changes been considered?) There are no technological alternatives for the legal assistant work required. 5. Why were manpower needs not planned through budgetary process? Due to budgetary constraints county funds were not available to implement this project. Federal funds were recently awarded to our office to implement this project which will investigate and prosecute persistent non-support offenders with primary focus on offenders with income generated by illegal means. b. List other rationale or pertinent statements and data: The Legal Assistant II will exercise judgement and discretion in the application of knowledge of legal procedures in development of cases for prosecution. DCS CP-002 (2/93J DEPARTMENT OF CIVIL SERVICE LOCATION COUNTY OF HAWAII Dept. Prosecuting Attorney 1. Position No. New Div. or Bur. POSITION DI=SCRIPTION FORM section Type: Civil Service Exempt Geog. Loc Hilo Permanent Temporary Full-Time ® Part-Time ? 2. FOR CIVIL SERVICE USE ONLY Allocation Class Salary Range Effective Date Approved: Date By: Authority Date Director of Personnel 3. DUTIES OF THE POSITION List each duty assigned to the position separately. Arrange these duties in logical ortler beginning with those performetl most frequently and followetl by those peAormad occasionally. Be Wear, wmplete, and concise. Stick to statements of fact; avoid the use o(vague of general terms. Give an estimate of the average amount of time spent in pedorming each major tluty. If a reallocation of the position is requested, show the exact changes in duties, reasons for these changes and the exact date when these changes occurred. If more space is needed use a blank sheet and attaU to this form. Performs paralegal work in support of attorneys and investigations which require substantial judgment and discretion in the application of knowledge Show of legal procedures, practices, and law; establishes evidence and develops cases; performs legal research; prepares drafts, outlines or summaries of legal subjects, laws, statutes, briefs and other legal documents; and performs other related duties as assigned. of time Assists attorneys and investigators in court by coordinating the presentation of exhibits and witnesses and by preparing witnesses for testimony; 30 does monthly appellate case updates as requested; (i)(2) Interviews victimslwitnesses to verify evidence, obtains written statements when possible, and gets cooperation for judicial proceedings; indexes and organizes investigative and trial material including exhibit binders, discovery and witness summaries; (1)(2)(3) 30 Performs legal research and prepares summaries of specific decisions, laws, statutes, legal subjects, etc.; verifies and updates cited caselaws, statutes and other legal authorities; (1)(2) t0 Writes first drafts and/or outlines of briefs, memos, legal opinions, stipulations, orders and other legal documents; monitors administrative and judicial forfeitures; may prepare drafts of new or corrective legislation and rules; prepares summaries of investigations with the investigative or law tD enforcement agencies; (1)(2) Explains legal procedures, requirements and interpretations based on precedents and discussions with attorneys; assures proper evidencing in support of the offce position; (1)(2) 5 Monitors compliance to decisions, stipulations and orders; reviews legal decisions opinions, rulings and other legal material to keep abreast of developments;.(1)(2) 5 Provides preliminary legal consultation to victims/witnesses, departments, agencies, etc., and other legal work normally performed by the deputy prosecuting attorneys, except duties that may constitute the unauthorized practice of law. (1)(2) 5 Performs other related duties as assigned. (1)(2) 5 (1) The performance of this function is the reason that the job exists; (2) The number of other employees available to perform this function is limited; (3) This function is highly specialized, and employee is hired for special expertise or ability to perform this function. 4. SUPERVISION RECEIVED Give the position no. and title of immediate supervisor of this position. Position Number ZO-00027 Title First Deputy Prosecuting Attorney 5. SUPERVISORY RESPONSIBILITIES OF THE POSITION List must coincide with the official organization chart Position No. Title Nature of Supervision acs cP-Doi (zrso) SOURCE OF FUNDS FOR NEW POSITION/REALLOCATION/CHANGE IN FTE 1. COMPUTATION OF FUNDS REQUIRED FOR POSITION NO. new (If no position number indicate "new".) a) New monthly salary $ 3136 b) Present monthly salary specifically included in FY budget (If NOT BUDGETED, INDICATE -0-) $ -0- c) Net funds required (Item "a" minus Item "b") $ 3136 d) Remaining number of months in current fiscal year 3 e) Funds required in remainder of fiscal year (Items "c" x Item "d") $ 9408 2. AVAILABILITY OF FUNDS a) What is the position's fund source (county, state, federal)? federal b) Funds are budgeted in account number: 010.271.5271.72 c) Funds are available in account number: Transfer to account number: ' d) Request to transfer funds for reallocation: From: 010-911-5911.70-341 Provision for Reallocation $ Total Amount To: Account Number Account Title I certify that the information is correct and funds are available, and that the funds may be used for the classification action as requested. 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