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HomeMy WebLinkAbout12117 ORD - 06/12/1974JRR:jkh:6- 11 -74; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE CRIMINAL JUSTICE COUNCIL FOR A POLICE LEGAL ADVISOR AND TO EXECUTE ALL NECESSARY DOCUMENTS IF AND WHEN THE GRANT APPLICATION IS AP- PROVED, A COPY OF THE GRANT APPLICATION BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to submit a Grant Application to the Texas Criminal Justice Council for a Police Legal Advisor and to execute all necessary documents if and when the Grant Application is approved, a copy of the Grant Application being attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize submission of the afore- said Grant Application in order to provide for a full -time Police Legal Advisor for the Corpus Christi Police Division creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /.I�day of June, 1974. ATTEST: f City Se retary MAYO THE CITY OF CORPUS CHRISTI, TEXAS AP OVED: DAY OF JUNE, 1974: ASS�� f,, /A City Attorney hN AS GTiI`.11;:AL JUSTICE COUNCIL �i 1. Applicant agency or Institution: City of Corpus Christi Police Division /'.1': LICAT.ON FOP.. 2. Progran, No. Undcr Which Funding £ 3. Type of Application: turiccx one, Origins) X Revision Continuation_ If continued or revised give number of all grants. 4. Short Title of Project: (Do not erceed one typed line) Corpus Christi Police Legal Advisor 5. Project Director: (Nair. c, Lille, nddres< WE hone) ' J. }I. Avant- Cltier of Police P.O. Box 9016- Corpus Christi,'Texas 78408 512- 884.3811 - F,xt. 11 -12 Sign 6. Financial Officer: (Norne, title, address, telephone) Harold Zi.cl, Director of Finance P.O. Box 9277 - Corpus Christi, Tex - 7M- 512 - 884 -3011 Signature 7. Period of Present Request: 8. Project Duration: 6-1 -74 ,�ne 1, 1974 Front ii Fro m Through_. =?1_ 31, 1975 Througb_5 -30 -75 Total length 12 months - .Request for Present Year or Period: Total CJC Support Sourht: (Total for prnject, federal end mote) 2 500 $ 27,500 9. Official ,authorized to Sign Application: 10. Federal Support: (Nonce, title, address, telephone) Will olltar federal support be available for any part of R. Marvin Townsend this project'. City Manager _Yes a No P.O. Box 9277 - Corpus Christi - 884 -3011 If yes, identify and explain: Texas 78408 11, Attachments (check if included): (a) Clearin�:house review and comment X (c) Contracts for services, equipment, Name o[ clearinghouse: end construction (b) Local governing body resolution (d) Lepers of eudoreemeni authorizing application (e) Other (describe) X Coss Data Sheets 12. Date: CJC USE ONLY April 26, 1974 ' grant chamber Ocographic Area; Region Date Received: County(s) 13, Totul P. g rs in Application: 45 Pages Plus 3 Attachments. — Program Arco: . City TEXAS CRIMINAL JUSTICE COUNCIL APPLICATION FOR GRANT Project Title: Period of Present Request: Corpus Christi Police Legal Advisor From 6 -1 -74 Through 5 -30 -75 PRESENT PROJECT Rllnf;FT Budget Category CJC Support Federal and State Cash Contribution Total *In -Kind Contribution A. Personnel 16,127 A. Personnel 16,127 6,213 B. Professional & Contract Services __0__ B. Professional Services _ 0 _ C. Travel 1,350 C. Travel 1,350 D. Equipment 5,903 D. Equipment 5,903 E. Construction E. Construction __p__ F Supplies & Direct Operating Expense 4,120 F. Supplies & Direct Operating Expense 4,120 G. Indirect Cost G. Indirect Cost H. Total 27,500 H. Total 27,500 > CONTINUATION FUNDING PLAN H. ANTICIPATF,n PRO.Wr.T RYP1?N91Tr1V VQ Budget Category SUBSEQUENT PERIOD— ySUBSEQUENT PERIOD — CJC Support Cash Contribution CJC Support Cash Contribution A. Personnel 17,256 B. Professional Services C. Travel 1,550 D. Equipment __0__ E. Construction __p__ F. Supplies & Direct Operating Expense 4,120 G. Indirect Cost H. Total 22,926 112. Explanation of grantee cash contribution, in -kind contribution, and continuation funding plan. Describe (1) nature, (2) source, and (3) project utilization of the grantee contribution for the present project period as listed in the grantee contribution column of Page 2 of this application. Following this should be an explanation in the terms described above (nature, source, and project utiliation), of how the applicant proposes to support the project after CJC funding has concluded (attach continuation pages is needed). NOTE: Initial funding by the CJC does not automatically qualify the project for continuation funding. *This category is for information purposes only. Total for each category must be supported by Detail Budget Narrative. FormC•IC•l (111174) Page 2 -A • • III. 1. Nature: The Grantee Contribution will consist of $6,213 in the form of in -kind personnel services. The entire amount will be the result of a stepped up in- service training program and two basic police academies. 2. Source: Budgeted police salary monies as provided for in the overall police budget, 3. Project Utilization Payment in in -kind contributed services exceed the 15% required for qualification under existing C.J.C. standards. An application for an additional years funding will be submitted for 1975 -76. At the end of C.J.C. funding an application will be submitted for City funding within the police budget. Detailed Project Budget A. Personnel CJC GRANTEE CATEGORY 1. Salaries SUPPORT CONTRIBUTION TOTAL Legal Advisor 14,226 14,226 40 Cadets @ $3.31 x 16 hrs. $2,118 2,118 147 Patrolmen @ $3.66 x 4 hrs. 2,152 2,152 104 Sgts. & Lts. @ $4.67 x 4 hrs. 1,943 1,943 Grantee Total $6,213 $20,439 2. FICA -TNRS -Ins. Legal Advisor 1,901 1,901 $16,127 $22,340 C. Travel N.C.D.A. Executive Prosecutors Course Houston, Texas $ 350 $ 350 Dallas District Attorneys Seminar Dallas, Texas $ 200 $ 200 N.C.D.A. - Police - Prosecutor Relations Las Vegas - Nevada $ 500 $ 500 Un Scheduled Training Travel 300 300 $ 1,350 $ 1,350 D. Equipment Executive Desk $ 200 $ 200 • $ 640 Page 2 -B 18 Credenza $ 195 195 $ 668 Typewriter (Elec.) 600 600 Volumes - 1 & 2 Swivel Chair 75 75 59 Visitors Chairs - 4 @ $40 160 160 295 Table Top Dictating $ 158 158 Vernons Code of Criminal Machine 500 500 125 Portable Dictating Unit, Annual Supplement 5 @ $5.00 25 25 Hand Held 175 175 5 - Volumes - File Cabinet, Legal Annual Supp. 5 @ 5.00 25 Side 4 Drawer (W.L.) 105 105 Book Cases (2) 175 175 Annual Supp. 48" x 34" x 12" @ $75 150 150 Double Door Storage 3 Volumes @ 25 75 75 Cabinet 4 Shelves 50 50 Bailey & Rothblatt Police - 4 Band Criminal Trial Tech. UHF Radio 1,600 1,600 176 Slip Opinions of Court $ 3,810 $ 3,810 Books & Reference Material U. S. Supreme Court Reports $ 640 3 Volumes Annually 18 Advance Sheets 10 $ 668 Texas Practice Series Volumes - 1 & 2 59 Volumes - 7 & 8 59 Volumes - 11 & 16 177 295 Criminal Law Reporter $ 158 158 Vernons Code of Criminal Procedure - 5 - Vols. 125 125 Annual Supplement 5 @ $5.00 25 25 Vernons Penal Code 125 125 5 - Volumes - Annual Supp. 5 @ 5.00 25 25 Branch Penal Code 5 Vols. @ 35 175 175 Annual Supp. 15 15 Vernons Texas Constitution 3 Volumes @ 25 75 75 Annual Supp. 3 Vol. @ %.00 15 15 Bailey & Rothblatt Criminal Trial Tech. 11 Vols. @ $16.00 176 176 Slip Opinions of Court of Criminal Appeals $18.00 Monthly 216 216 2,093 2,093 29,593 F. Supplies & Other Operating Expense Office Supplies - Forms, Paper • Page 2 -C • Printing, Copying $ 200 $ 200 Recording Tapes 50 50 Postage 50 50 1 -Page Boy II Pager 348 348 for recall - $29.00 x 12 - Rent. Telephone Service $ 100 100 Equipment Repair & Maintenance $ 157 157 Vehicle Mileage 12,000 Annual @ -,12 $ 1,640 1,640 Vehicle Fuel & Lube 12,000 miles avg. 10 m.p.g. @ .45 540 540 Vehicle Maintenance 800 800 $ 3,885 $ 3,885 Memberships Professional Organizations Texas Criminal Defense Lawyers Assn. 100 100 National Dist. Attys. Assn. 15 15 Texas Dist. & Co. Atty's Assn. 10 10 Criminal Law Section State Bar Association 50 50 Criminal Law Section 35 35 American Bar Assn, Nueces County Trial Lawyers Assn. 25 25 235 235 Grand Total $27,500 $33,713 TEXAS CRIMINAL JUSTICE COUNCIL APPLICATION FOR GRANT BUDGET NARRATIVE Begin below and add as many continuation pages (3a, 3b, etc.) as may be needed to explain each item of the project budget. Limit this narrative to an explanation of the basis for arriving at the cost of each item including grantee contribution items. This section must also describe the applicant's procurement procedures for equipment, services, and construction, if such items are a part of the project budget. A. Personnel Salaries a. Police Legal;Advisor - 1007 - $14,276 The Police Legal Advisor will be selected from the'prpsent legal staff of the City of Corpus Christi. A proposal to create the position of Police Legal Advisor by ordinance is now being processed. Upon appointment, the Legal Advisor will transfer from legal staff to Police Division, and will assist in training, case preparation, confrontation management and preparation of a police duty manual for distribution to the officers. He will also perform any other duties the Chief of Police assigns him. This salary is that of a comparative job classification in the Legal Dept. b. Police Cadets $ 2,118 Computed at the rate of $3.31 hourly for 16 hours of legal train- ing for 40 police cadets. This will comprise a portion of thg city's in -kind personnel services. c. Police Patrolmen $152 Computed at the rate of $3.66 hourly for.a period of 4 hrs. for 147 police patrolmen. This is an average salary for the pay grade. Four hours represent the minimum number of hours that these officers will be involved with in- service training in the law by the Police Legal Advisor. This will comprise a portion of the.city's in -kind personnel services. d. Police Sergeants b Lieutenants $1,943 Computed at the rate of $4.67 hourly for a period of 4 hours for 104 Sgt.'s and Lieutenants. This is an average hourly salary for a combination of the two pay grades. This is also a portion of the in -kind personnel'services used in the grant application. The City's portion of the grant funds will consist of $6,213 of 'in -kind personnel services. All of these services will initiate as a result of new training for older officers in the form of in- service schooling in the penal code & court decisions taught by the Police Legal Advisor. There will also be an estimated 40 police cadets who will participate in 16 hrs: of basic training in the law which will be instructed by the Police Legal Advisor. Form CJC•1 (1/1174) • Page 3 -A . 2. Fringe Benefits $ 1,901 These will consist of Social Security $772, Texas Municipal Retirement $491, and Workmens Comp. and Liability Ins. $638. These will apply to the Police Legal Advisor only. 'ravel $ 1,350 These funds will pay for travel expenses and per diem for the Police Legal Advisor to participate in the following training seminars, (1) National College of District Attys, Executive Prosecutors Course - Houston, Texas - $350. The figures used are those allowed by the City of Corpus Christi standard travel policies. See attachment III. Dallas District Attorneys Seminar - Dallas, Texas. $200. National College of District Attorneys, Police- Prosecutors Relations Seminar - Las Vegas, Nevada. $500. An additional amount will be needed for in- state travel in conjunction with the grant. In addition to this, it is anticipated that an I.A.C.P. Police Advisor Seminar will be held in 1975 but is not yet scheduled. $300 Equipment $ 5,903 1. (1) Executive Desk. $ 200 For use by the Police Legal Advisor, 2. (1) Credenza. $ 195 For use by the Police Legal Advisor. 3. (1) Electric Typewriter (Selectric II). $ 600 This is the same type of machine used by the Legal Dept. The capability of changeable type and automatic erase are needed. 4. (1) Executive Swivel Chair - $ 75 Padded seat back and arm rests. For use by the Police Legal Advisor. 5. (4) Visitors chairs, padded seat back and arm rest. @ $40. $ 160 To be used by those persons visiting the Police Legal Advisor. 6. (1) Table top Dictating Machine (Cassette) Will also serve as a transcription unit for typing of tapes made on portable unit. $ 500 Will be used by the Police Legal Advisor and other persons who may assist in his office when needed. (Norelco is type quoted) 7. (1) Portable Hand Held Dictating Unit. To be used by Police Legal Advisor when away from his desk, to record notes or conversations that will need transcribing. $ 175 (Norelco Cassette type quoted) 8. (1) Legal size, 4 drawer file cabinet with lock. $ 105 Part of office equipment to be used by the Police Legal Advisor. 9. (2) Open front bookcases, size 48" x 34" x 12" deep @ $75. $ 150 To be used by the Police Legal Advisor to hold the law books needed in his position. • Page 3 -� 10. (1) Double door, 4 shelf, storage, cabinet. Needed to store supplies for office operation. $ 50 11. (1) Police Two Way U11F- 4 Band Radio for use in the Police Legal Advisor's vehicle. $ 1,600 The prices quoted are those furnished by the City of Corpus Christi Budget Office and prepared by the City Purchasing office, The exception being the police radio. A large increase in price was anticipated by the manufacturer G. E. who now quote the $1600 or shelf price list will be attach- ment R price instead of the $1251 published in the capital outlay price list. A copy of the 1 -25 -74 capital outlay price list is enclosed. Books and Reference Material $ 2,093 These are the basic law books and publications needed by a practicing attorney to fulfill the mission of his office. For the list and prices see attachment #II. The following items are to be deleted from the posted price list. #3 - McClung's Criminal Jury Practices $50. 10- Tessmer's Criminal Trial Strategy $20 and #12 Southwestern Second Reporter and additions $2,032.50. Supplies and other operating expenses $ 4,120 1. Office Supplies. $ 200 This will include paper stock, letterhead & inter office, en- velopes, pens, pencils and other items commonly used in an office. In addition to what is listed, will be the expense of printing and copying and the purchase of city forms required in day to day activities. 2. Recording Tapes $ 50 These are subminiature cassette type used in the Norelco units price $2.50 @ for 20 tapes. Each will store 15 min. on each side. 3. Postage $ 50 It is anticipated that a quantity of subject matter will be mailed. Some will have to be sent air mail, registered. 4. Rental of a "Page Boy II" Recall $ 348 Pager to be carried by the Police Legal Advisor to aid in contacting him when needed. This unit rents at $29 monthly with NI -CAD batteries and charger from Mobil Phone Co, of Corpus Christi, Texas. 5. Telephone Service $ 100 Based on the installation of multi- button instrument and monthly charges. 6. Equipment Repair and Maintenance $ 157 This will cover service contracts for the typewriter, and will pay for any installation charges or repair charges on the radio and recording equipment. 7. Vehicle $ 1,640 The City will furnish a vehicle and will charge it back to the grant at 12fi per mile. Based on 12,000 miles a year this will amount to $1,640 annually. These professional memberships are needed to keep the Police Legal Advisor abreast of the changes in procedures and practices nation wide. It will also maintain the needed liaison between the police and the various legal bodies throughout the country. Page 3 -C • 8. Fuel and Lube for the Vehicle $ 540 Past experience has shown that a police vehicle operating in town will average 10 m.p.g. based on 12,000 miles annually and a price of 45fi per gallon for fuel this will amount to $540. 9. Vehicle Maintenance and Repair $ 800 This is based on the incidence of tune up, minor repair, insurance and unforseen repair needs. Memberships of Professional $ 235 Organizations. Texas Criminal Defense Attorneys $ 100 Association. National District Attorneys $ 15 Association. Texas District Attorneys and $ 10 County Attorneys Association. Criminal Law Section State Bar $ 50 Association. Criminal Law Section American Bar $ 35 Association. Nueces County Trial Lawyers $ 25 Association. These professional memberships are needed to keep the Police Legal Advisor abreast of the changes in procedures and practices nation wide. It will also maintain the needed liaison between the police and the various legal bodies throughout the country. Page 4 �AS CRIMINAL JUSTICE COUNCIL APPLICATION FOR T Project Plan and Supporting Data This section constitutes the heart of the grant application. It is the applicant's detailed statement of the project —its aims, precisely what will be done, who will be involved, and what is expected to result. With the project budget, it constitutes primary evidence to CJC of the soundness of the project, the care and planning . that has gone into its formulation, and the responsibility and qualifications of the applicant and others who will be involved in carrying it out. This section consists of two parts: the summary and the detailed project description. Summary A" Luc ar­ .w , ­ u .ilea auuiii Y — _. p'.J.­ A. Goals The four basic goals of this project are: 1. Increase the levels of knowledge of police officers with respect to the law. 2. Improve case preparation in all areas of investigation. 3. Develop a system, of confrontation management with the use of a Legal Advisor. 4. Implement a duty manual of rules, regulations and orders. B. Methods These goals will be accomplished in the following manner: 1. Improved classroom and in- service training. 2. On the spot opinions and aid by the Legal Advisor. 3. Regular briefings on law changes and court opinions. 4. A written manual of rules and regulations setting forth what can and cannot be done. C. Resources The entire Police Division, all of its staff and facilities. Also, the assistance of the Legal Department and the City Staff, will be utilized in this project. D. Results The anticipated results are: 1. Better trained officers, more secure in their job and capable of making sound decisions in the field. 2. Reduced amount of time spent in consultation with prosecutors as a result- of improved case preparation. 3. Improved field procedures in confrontation management. 4. Improved morale and job satisfaction of officers. E. Evaluation Evaluation will be by comparison of existing statistics on convictions, dismissals, confrontations and successful disciplinary hearings, with those of future months. Form CJC•1 (111174) ruFc yn �S CRIM NAL JUSTICE COUNCIL APPLICATION FOR t�T DETAIL PROJECT DESCRIP2'ION Organize the remainder of this section under the following headings: A. Goals, B. Methods, C. Resources, D. Results, and E. Evaluation. Insert after this sheet as many additional pages (4a, 4b, 4c, etc.) as may be needed to complete the _ description of the Project Plan and Supporting Data. If the applicant wishes to append documents that cannot be readily placed on continuation sheets, these documents should be listed on the last pale of the Project Plan and copies furnished with the application for staff review. A. GOALS 1. Nature of problems and needs to be met: a. Lack 'of knowledge by dhe police officers of existing laws and court decisions The legislature in passing the new penal code into law', effective January 1, 1974, created a problem for all law enforcement agencies. Each police depart- ment has to retrain all of its personnel and re-evaluate their procedures to be sure they conform to the law. To satisfy these requirements, a person with more than a policeman's knowledge of legal matters will have be be available to aid in program development for cadet training, as well as in- service train- ing. There is no case law "per se" to base judgements upon when a problem arises._ This makes it imperative that legal counsel be available at all times. b. Case preparation. This is a problem involving charges filed by police against offenders. It also includes charges filed against police personnel for.viola- tions of rules and regulations as provided under State Civil Service Law 1269m. (1) To maintain a desirable level of morale in an organization, there must be checks and balances in the form of discipline. The quality of discipline is based upon the immediacy and sureness of the punishment. Failure to respond immediately to a situation.requiring discipline may render the charges moot, due to built in time requirements. Attempts by police officers to prepare the needed legal documents may also re- sult in dismissals. A competent legal advisor should be on call at all Form CJC -1 (111174) Page 4 -b time to resolve these problems. At this time, an assistant city attorney is assigned as police advisor, in addition to his other duties which are quite involved. Documents which are required to be filed within a time period are hastily prepared, with little time for research and study. This has resulted in Civil Service Commission Nearing decisions not being in the best interests of the police division. (2) In 1973, the over -all ratio of convictions to arrests was 9.75% of Part I offenses. The individual statistics are as tollows: ARRESTED CONVICTED PERCENT Murder 32 13 40.63% Rape 19 3 15.790 Robbery 161 47 29.9% Agg. Assault 165 13 7.88% Burglary 583 106 18.180 Larceny Over 1,175 29 2.47% Auto Theft 121 9 7.44% From the statistics, we can assume that some portion of our system is not operating as it should. A check of the records indicates that only those cases which are strong in all respects are submitted for grand jury action and subsequently to trial. The cases that are weak in their preparation or had faulty arrests or probable cause will never come to trial and will eventually be dismissed. A full time legal advisor avail- able at all times to review these cases will strengthen our prosecution and result in more convictions of those arrested and charged. This im- proved case preparation should increase convictions to a more realistic level, in the vicinity of 20% as opposed to 9.75 %. Page 4 -c c. No immediate access to legal advice and opinions in field problems in- volving confrontations with minority or ethnic groups in spontaneous, as well as planned demonstrations. Most demonstrations are planned with the intent to bring attention to a situation or problem. In the majority of these cases, the mere threat of arrest creates little fear for the demonstrators, in fact, it only serves to help them accomplish their aims. The police officer in the field cannot be fully cognizant of all the ramifica- tions of arrests involving demonstrators. A competent legal advisor is the only person who can advise the officers in these situations of the legal rights of all parties concerned. An over- reaction by the police, because of a lack of knowledge or misconception, can create a situation that will cause the peaceful demonstrations to deteriorate into a mob or riot. d. The police division does not have an up -to -date manual of rules and regulations to govern the actions and conduct of officers and other employees, both on and off duty. Experience has proven that police officers, because of their having to work with and by the law, are prone to use the absence of written rules as an ex- cuse for acts of indiscretion. The Civil Service Rules and Regulations, as established by Article 1269m of the Civil Statutes, give the cities who operate under 1269m the authority to make such rules and regulations as are needed to assure compliance with the following conditions: (1) Any act involving a felony or crime of moral turpitude. (2) Violation of the provisions of the charter of the City of Corpus Christi. (3) Acts of incompetency. (4) Neglect of duty. Page 4 -d • • (5) Discourtesy by an employee to the public or to another employee where said employee is in the line of duty. (6) Acts showing a lack of good moral character. (7) Drinking on duty or intoxication off duty. (8) Conduct prejudicial to good order. (9) Failure to pay debts. (10) Absence without leave. (11) Shirking duty. (12) Cowardice. (13) Violations of any rules or regulations or special orders of the police division. There is a pressing need to modernize the duty manual of the police division and incorporate the needed rules and regulations, general orders, and special orders into this manual. To ensure that all rules and orders written in the manual are not in conflict with state law, the assistance of a licensed attorney will be needed. The present system of borrowing an assistant city attorney when one is available is not satisfactory, as this may take an unreasonable time due to the normal work load of the Legal Department. 2. Target Groups affected: There are four principal target groups to be influenced by the addition of a full time legal advisor to the staff of the chief of police. Each problem area will affect one or more of these groups. a. Target groups: In the area of training, the target group upon whom the greatest impact will be felt is the work force itself, the officer in the filed, the administrators in the office, and top management in the chief's office. The feeling of self assurance that comes with knowledge will in- crease morale in the division and help to build a more professional police department. A well informed and trained officer is able to make immediate proper decisions, which improve the police image with the public. P64 -e (1) Some of the agencies other than the police who will be affected by the increased level of training will be: a. Texas Commission on Law Enforcement Officer Standards and Education. b. Del Mar Junior College. c. Texas Education Agency. b. In the area of case preparation, the target group affected will be the the prosecutors and the courts. The prosecuting attornees of the various agencies,upon whom the burden of proving the existence or non - existence of alleged facts falls, rely upon the case preparation of the police to carry the cases into court. Good preparation leads to guilty verdicts and guilty pleas, and in a small measure to the pre- vention of future crime by the reputation established by the police and courts of swift and sure convictions of those charged with crimes. When a police organization has established a reputation for good case preparation, the court is more inclined to have confidence in the testimony or exhibits brought before it. (1) The principal agencies affected.by better case preparation will be: a. District Attorney, 105th Judicial District. b. The following District Courts, 105th, 94th, 117th and 148th. c. County Attorneys, Nueces County. d. The following County Courts: Nueces County Court, County Court at Law #1, County Court at Law #2. e. Justice Courts of Precinct #1, #6, and #8 of Nueces County. f. Municipal Courts, Corpus Christi, Texas. c. In the area of need for immediate access to the legal advice on the scene of confrontations'or field problems, the target group will usually be ethnic or minority in origin. Pa• -f In their struggle to achieve and be recognized, these groups use publicity as their main tool or weapon, depending upon how the situation is handled. With immediate legal advice, the officers on the scene can be sure of their position and able to make a more positive stand and create less dissension among those with whom he is dealing. Without legal advice, he may unknow- ingly violate a right and thereby create an untenable position for the division. (1) Some of the principal target groups who will most likely be affected by immediate access to counsel at the scene of an incident are those with a large minority or ethnic membership. The principle effect would be an over -all improvement in relations as a result of more complete understanding of the rights of all parties involved. d. In the area of problems with rules definitions, the target group will be the entire police organization from the rookie patrolman to the chief of police, the top management in the city government, the Civil Service Com- mission and indirecrly, the public in general. In the art of problem solving, the first step is to isolate and identify the problem. In police discipline, the violation must be defined and the person in violation must be cognizant that he is violating a rule. without the complete chain requirements, personnel violations are not prosecutable and as a result morale declines. Police officers, because of their great discretionary power have to be held accountable for their acts or violations. This can only be accomplished if these acts or violations are published as such, prior to the commission or omission. Management cannot maintain credibility with the public or the working officer if violations are not . • Page 4 -9 fished. For these reasons set of rules and re • pun , a published regulations, general orders and special orders should be issued to each officer and kept up-to -date. These will have to conform to legal requirements and will necessitate the assistance of legal counsel in drafting. 3. Goals and Objectives a. Maintain a complement of police officers trained in the law and recent court decisions that affect their jobs. (1) objectives (a) For each police officer in the Corpus Christi Police Division to cite the law as it applies to each phase of his job. (b) For each officer to be able to cite, upon request, the landmark court decisions that affect the performance of his job. b. Improve the preparation of cases to be filed in the various courts. (I) objectives (a) Increase the ratio of convictions to arrests by 20% over the present figure of 9.750. This would be an .increase to approxi- mately 20 %. (b) Establish a procedure whereby the officers working on a case can have immediate access to legal advice in all phases of preparation. (c) To have all supervisory and administrative personnel capable of writing up personnel violations for presentation to the Civil Service Commission and trained in the text of Article 1269m to such an extent that they are conversant with all sections. c. To develop the capability of managing street situations involving groups of people,who are involved in some form of civil protest, to the advantage of the police division. (1) Objectives (a) Have each officer in the division capable of relating the Iaws governing riots, assemblies and meetings upon request. (b) Have each supervisor capable of directing an operation in the field, at the police building, or other police area. This will be tested by hypothetical situations. Page 4 -h (e) Keep a full time legal advisor, who will have the necessary for* books, and paraphernalia in his vehicle ready for use 24 hours a day. d. To publish a duty manual to be distributed to each officer containing procedures, general orders, special orders, rules and regulations of conduct. (1) Objectives (a) Have each man in the division capable of reciting any of the rules and regulations or orders that govern them, upon request. (b) Have legal counsel assist in preparing the duty manual_ (c) Review the existing State Civil Service Act 1269m and recommend changes needed to allow management to operate in the necessary manner to ac- complish the police mission. B. METHODS 1. This project will be carried forward by appointing an assistant city attorney to fill the proposed position for the period of the grant. The chief legal officer of the city, in cooperation with the chief of police and city manager, has created the job classification of Assistant Attorney III, Police Legal Advisor, and steps are boing taken to have this position approved by ordinance. An assistant city attorney has been previously assigned the task of assisting with police matters on a part time basis. This has resulted in some lengthy delays between the time that legal assistance is requested and the time the attorney actually comes to the aid of the police. The proposed project will be carried out in two basic stages; a. Organization phase. b.._ Execution phase. During the organization phase, first month, the Legal Advisor will be transferred to the Police Division payroll as a non - Article 1269M, VATS, employee and Assistant City Attorney and placed under the immediate supervision of the Chief of Police. The Chief of Police will then issue such policy statements and directives as are necessary to carry out the project mission. The following outline describes the general policies and tasks to be assigned to the Legal Advisor, thus completing the first stage of the project. • (1) General Policy: The Police 'Legal Advisor will be an operational entity extending directly from the City Attorney through the Chief of Police. The Police Legal Advisor will be subject to call on a 24 -hour, 7 -day a week basis, his normal work week will be 40 hours. The Police Legal Advisor will be assigned permanent radio call numbers and will have a portable recall device. Any member of the police division who is unable to reach the LegaZ Advisor by telephone or radio should call the police dispatcher. (2) Duties of the Police Lcc1a.1 Advisor: The oporational duties of tl:c Police Legal Advisor 1 ?111 include, but not be lirri.ted to, aI1 Phase._, of the division`: IC-?al 17e912irements as are specifically set forth b," the chief of n2llce. (a) I12foL -s1 Logizl oyi.nions. Any r..embar of division m,:y con".-Oct the police 7snai i}dvisor conc,�rning any crirdnal legal problcn: conn.w:te3 o-:ith t1:c division,. thcst> requests rey be. oral. Rc�Ep, - ;._a Lo th 9oesti.ons way be oral or written in simple terminolug.;_ (b) Formal Legal Opinions: In the event may member of the police division desires a formal legal opinion of the Police Legal Advisor, he should submit such a request in writing through the chain of com- mand for the approval of their supervisors, prior to the Police LegaZ Advisor receiving the request. Response to such questions will in time be transmitted back to the inquiring officer, with content ap= pro vaZ endorsed by the City Attorney or his designated delegate, via the chain of command. (c) Requests for Legal Opinions of the Cite/ Attorney! , State Attorney_ or Attorney General: All requests for such legal opinions shall, follow the chain of command. However, all such requests shaZZ be reviewed by the Police LegaZ Advisor, prior to transmittal. Where Page 4 -j necessary, additional factual information may be obtained and added by the Police Legal Advisor and when appropriate, he will prepare a memorandum of law concerning the subject matter of request. (d) Staff Meetings: The Police Legal Advisor will be advised in ad- vance of all police staff meetings, and will attend the meetings for the purpose of advising the chief and the staff with respect to legal matters. In addition, the advisor shall present at staff meetings any significant legal matters of which he may be aware. (e) Requests for Field Service: Any member of the division may contact the Police Legal Advisor for the purpose of obtaining the presence of the Police Legal Advisor for a field operation. This does not apply to all situations where the Police Legal Advisor will auto- matically be present in the field, i.e., civil disorders. (f) Field Observation and Assistance: The Police Legal Advisor shall maintain a constant observation of all division field procedures and operations for the purpose of determining if they are in com- pliance with existing legal requirements. The Police Legal Advisor shall be consulted with respect to any legal problem which occurs in the field. This consultation should be made prior to any pro- jetted enforcement activity where problems of probable cause, arrest, search and seizure, and civil liability are likely to occur. The Police Legal Advisor should, when possible, be at the scene of any police activity of magnitude for the purpose of ad- vising the field commander with respect to any existing or pro- jected legal problems. Page 4 -k (g) Field Responses (To Use of Force or Collisions): The Police • Legal Advisor shall be notified and shall respond in the field in the following circumstances: 1. In the event of use of deadly force by or against any member of the division, which use of deadly force results in a death or great bodily injury. 2. Any vehicle accident involving division personnel, whether on duty or off duty, operating division vehicles which accident results either in death or serious personal injury. (h) Civil Disturbance: In the event of riot, civil disturbance, dis- order or unusual occurrence, the Police Legal Advisor shall report to the field command post or the office of the chief as may be appointed. The Police Legal Advisor shall act as liaison with the office of the City Attorney, the State Attorney, and Courts for the purpose of the establishment of any legal directives necessitated by the emergency situation. This includes, but is not limited to, mass arrest procedures, abbreviated arrest and processing forms and the protection of the rights of the officers and arrestees. (i) Research and Practices: The Police Legal Advisor shall advise the chief, his staff and the division with respect to any court decisions or legislation which will have any effect on the operations, practices and policies of the division. (j) Training: The Police Legal Advisor shall review the curriculum of the training section and advise the director of training with respect to the legal aspects of the training program. The Police Legal Advisor shall be available for the purpose of delivering lectures on appropriate subjects to training academy classes. The Police Legal Advisor shall assist the director of training and training officer in the development of comprehensive in- service train* programs and aids designed to train the members of the division to work, within the frame, work of legal requirements. The Police Legal Advisor shall advise all division units having to deal with specific complex legal problems,including but not limited to, the Vice and narcotics Section, organized Crime Control and Criminal Investigation. The Police Legal Advisor shall publish for the chief and his staff summaries of all pertinent case decisions and legislative enactments. In addition, the Police Legal Advisor, in cooperation with the training section, shall publish training bulletins concerning legal standards and problems. (k) Public Information: The Police Legal Advisor shall advise the chief of police with respect to the applicable legal guidelines relating to the dissemination of information concerning pending matters. In addition, the Police Legal Advisor shall be consulted by division personnel concerning matters of possible civil liability and the law of libel and slander. (1) Departmental Orders: The Police Legal Advisor shall review all pro- posed general and special orders, as well as new rules and regulations, prior to publication for the purpose of determining legal sufficiency. In addition, the Police Legal Advisor shall review all training bulletins, departmental orders and manuals currently in effect and determine their conformity to legal and constitutional requirements. (m) Liaison: The Police Legal Advisor shall perform the following liaison functions: (2) City Attorney: The Police Legal Advisor shall coordinate and maintain liaison with the office of the City Attorney,and shall . participate in Legal Department training and development programs consistent with his work requirements as Police Legal Advisor. Page 4 -m • (2) State Attorney General: The Police Legal Advisor shall con- sult with the Office of the State Attorney General for the purpose of determining the sufficiency of case preparation and the quality of court room testimony of members of the division. The Police Legal Advisor shall convey the division's policy to the Office of the State Attorney General and shall have the responsibility of advising the division concerning policies and suggestions of the State Attorney General's office. (3) City /County /District Prosecutors: The Police Legal Advisor shall consult with the personnel of the offices of the various prosecutors named for the purpose of determining the sufficiency of case preparation and the quality of court room testimony of members of the division. The Police Legal Advisor shall convey the division's policies to the offices of the prosecutors and shall be responsible for advising the members of the division concerning policies and suggestions of their offices. (4) U. S. Attorney: The Police Legal Advisor shall serve as the division's liaison with the offices of the United States Attorney and other federal prosecutive offices. (5) Courts: The Police Legal Advisor shall act as the division's legal liaison with the court system and shall also strive to improve court - police relations. The Police Legal Advisor shall, when possible, explain to members of the division, the reason for court decisions. Page 4 -n (6) Legislative Liaison: The Police Legal Advisor shall consult with the chief and his staff concerning any proposed legi.s- lation on proposed legislation which would affect the operations of the division. (7) Bar Associations: The Police Legal Advisor shall strive to improve police -bar relations. The Police Legal Advisor will be encouraged to join the bar associations and legislative com- mittees for the purpose of liaison with the organization and to prevent the division's policies and views to them. (8) Law Enforcement Agencies: The Police Legal Advisor shall per- form such liaison functions with other agencies as determined by the chief of police. (o) Department Discipline: The Police Legal Advisor shall take no part In prosecution of police disciplinary proceedings: (p) Reports: All written legal opinions of the Police Legal Advisor shall be in suitable form. All non - written activities of the Police Legal Advisor will be recorded on a police legal activity report and reviewed by the chief of police. (g) Other Duties: The Police Legal Advisor shall perform such other professional duties as he may desire or as may be assigned him by the chief of police. The second phase of the project (11 months) will consist of implementing all the policies and procedures that have been outlined in the policy statement. C. RESOURCES 1. Qualifications and facilities of grantee. The following information presents a comprehensive survey of the general capa- bilities of the Corpus Christi Police Division: P- ^ 4 -0 (a) The attached organizational chart of the Corpus Christi Police Division presents the functional system for the city's criminal justice activities. At this time, this organizational pattern reflects the assignment of 276 police officers in their various sections, 54 civilians, 40 school crossing guards and an active police reserve force. The Chief of Police heads the Police Division, a Public Safety Department which includes the Police and Fire Division and handled by the City manager in the absence of a Public Safety Director. The administrative staff con- sists of the Chief of Police, an Assistant Chief I, who is second in command of the Police Division and is in charge of station duty officers, special unit, citizen complaints, and is the last step in the chain of command be- fore reaching the Chief of Police. Each section commander reports to the Chief of Police through the Assistant Chief's office. An Assistant Chief II is in charge of Civil Defense for the city, as well as the Administration Services Section. This authority is at the same level as police commanders in charge of a section. There are four operational sections headed by com- manders and reporting to the Assistant Chief I. These are Technical Service, Patrol, Traffic and Criminal Investigation. The Special Services Section, i.e., Vice and Narcotics report directly to the Chief of Police. The Nueces County Organized Crime Control Unit,operating under a Criminal Justice Grant, reports to the Chief of Police. All other grants are handled by the Assistant Chief I and the police administrative assistant to the chief. The personnel breakdown for each section is as follows: (1) Administration. Chief, Assistant Chief I, Administrative Assistant (commander), 3 Duty officers (commanders), 1 Captain (duty officer), 1 lieutenant (chief's investigator aide), I secretary, I payroll clerk and 1 clerk- typist. • ORGANIZATIONAL CN1NT POLICE al VISION 4-010 . Page 4 -P • (2) Criminal Investigation: Commander in charge, 5 Lieutenants, 28 Sergeants (investigators) and 1 clerk - typist. (3) Special Services: Commander in charge, 1 Captain, 2 Lieutenants,13 Sergeants and 1 clerk- typist. (4) Patrol Section: Commander in charge, 8 Captains, 11 Lieutenants, 14 Sergeants, 111 Patrolmen and 1 clerk- typist. (5) Traffic Section: Commander in charge, 1 Captain, 3 Lieutenants, 4 Sergeants, 28 Patrolmen and 1 clerk- stenographer. 40 School Crossing Guards with 3 relief or alternates. (6) Technical Service Section: Commander in charge, 1 Captain, 2 Lieutenants, 4 Sergeants, 3 Patrolmen, 17 Police Dispatchers (civilians, 1 Tabulating Equipment Operator II (civilian), 2 Police Records Supervisors, 1 Key -punch Operator III (civilian), 2 Communications Clerks (civilian), 1 Key -punch Operator II (civilian), 3 account clerks (civilian), 1 senior clerk (civilian), 1 senior clerk - typist (civilian), 1 clerk II (civilian) and 12 clerk- typists (civilian). (7) Building Maintenance and Operation: 1 Police Sergeant, 2 Police Patrolmen, 2 senior jailors (civilians), one maintenance mechanic (civilian), 5 jailors (civilians) I cook (civilian) 5 telephone operators (civilians) and 2 building and grounds custodians. Page 4 -y (8) Administration Services Section: Assistant Chief II in charge, 3 Police Lieutenants, 2 Police Sergeants, and 1 clerk- stenographer (civilian). (9) Identification Section: One Identification Supervisor, 7 Police Sergeants. (10) Nueces County Organized Crime Control Unit (LEAH & CJC Grant) 1 Police Captain, 2 Police Sergeants, 1 Administrative Assistant II Analyst (civilian) and 1 senior - clork typist. There are also 2 Deputy Sheriffs and an Assistant District Attorney working as part of this unit. (11) Police Community Relations (LEAA and CJC Grant Project) 1 Police Captain, 1 Police Sergeant, 3 Police Patrolmen, 5 Community Service Officers (civilians) and I clerk- stenographer (civilian). (12) Corpus Christi Crime Prevention Unit (LEAH and CJC Grant Project) 1 Police Lieutenant, 4 Police Patrolmen, and 1 senior clerk- stenographer (civilian). In addition to the listed police operational units, there is a 50 man Police Reserve Force which operates under the supervision of the Assistant Chief II. These men may be mobilized in times of emergency. During normal times, they ride as extra men only, in police units and at their pleasure. b. Facilities (1) The Police Division is housed in a building originally built in 1950, containing 12,000 feet of floor space. An addition was completed in 1968, adding an additional 50,000 feet of space. Municipal Court occupies approximately 300 of the building. The basement is the emergency operating center for Civil Defense during emergencies. The • Page 4 -r Police Communications Center consisting of 4 band U.H.F. radio system with digicom, central computer link with 4 CRT readers, state teletype net and inter -city radio link for the Coastal Bend area and PBX board for all telephone service are part of the EOC. There are also two class- rooms, a snack bar, Civil Defense Office, Police Training and Academy, Police Community Relations and Organized Crime Control Unit housed in the basement. The ground floor of the building is designed so that all offices are located around the Central Records and Identification area with public access to the records area at the front door of the building and police access in a semi - secure area adjacent to the offices which require record's information. In addition to Central Records, the ground floor has offices housing the Chief of Police and administrative staff, Traffic, Patrol, Special Services, and Criminal Investigation. The 2nd floor contains the jail, with capabilities of incarcerating 90 persons with kitchen facilities. Closed circuit T.V. monitors all prisoner booking and relays it to the Duty Officers Station. Adjacent to the jail on the 2nd floor is the property room and a large unfinished area which will be completed in 1974 for the Chief of Police and the administrative staff. The division has 21 officers who will receive A.A.'s in Police Science at Del Mar College in May 1974. There are 39 others who have received A.A.'s and are continuing toward Baccalaureate degrees. The Police Academy is sixteen weeks in length and features five of the curriculum courses in law enforcement that are part of the core curriculum approved by the T.C.L.O.E.S.E. Upon completion, the graduate will be rage a -s allowed 15 semester hours toward an A.A., B.S_ or B.A. in taw enforce- ment through'DeZ Mar Junior College. The division has an active program of continuing training by sending selected officers to approved short courses all over the United States. In the 2973 -74 Budget Year, approximately $17,000 will be spent on these training trips. During this same period, 3 officers will attend the FBI National Academy, in addition to the other training. The Police Division has a central computer Zink with the other city forces and has 7 CRT stations for in -put and retrieval of information. At this time, arrest records, wanted persons and vehicles are in the memory banks with other applications to follow. Criminal histories are being placed on micro film by mirocode along with fingerprint files. .ene division is actively involved with the other Zaw enforcement agencies in the state and cooperate with and assist all of the federal law en- forcement agencies and military authorities. The foZZoeing represents a summary of the activities of the LegaZ Depart- ment of the City of Corpus Christi with the responsibilities assigned to each of the Assistant City Attorneys. (1) James R Rigas City Attorney, makes all final decisions on legal matters concerning the city, sets policy, supervises the actions of the Assistant Attorneys. Also, primarily responsible for: (a) Elections. (b) Public Utility Rate Applications. (c) Water Supply. (d) Industrial Development Activity. Page 4 -t i • (e) Arts and Museums. (f) FederaZ Revenue Sharing Questions. (g) City Building Codes. (Ia) Oil and Gas Regulation. (i) Environmental Lam (other than normaZ Health Department operations). (j) City Land Sales, Easements and Leases Not SpecificaZZy Arising Within Other Assigned Areas. (k) Library operations. (Z) HistoricaZ and Landmark Preservation. (m) Budget and Bonds (G.O., Revenue and C.O.$). (n) City Code and Charter Revisions. (o) Public Utilities Matters Not Otherwise Assigned (Taxis, CATV). (2) J-�7 es F. McKibben, Jr. TriaZ Supervisor, (a) Sanitation and Solid Flo_ste Disposal. (b) Tort CZaims . (c) Comp Claims. (d) Condemnation. (e) BavironmentaZLaw (other than normal Health Department operations). (f) Civil Public Morals Actions. (g) Transit. (h) City Flcter and Wastewater Divisions. (3) Michael L. May, Executive Assistant City Attorneu, Citu Council Agenda Supervisor, (a.) Elections. (b) Federal Revenue Sharing Questions. (c) Public morks Contracts. (d,) City Land Sales, Easements and Leases not specifically arising within other assigned areas, onnuaZ purchases, City surplus personalty sales (movable property). rage s -u (e) Airport Concessions and Flight Operations. (f) [later Supply. (g) Industrial Development Activity. (h) Firemen ' Pensions. (i) Occupational Safety & ReaZth Act & Regulations (OSHA). (7) Budget and Bonds (General Obligation Revenue and Certificates of Obligation). (4) Hat George, Senior Assistant City Attorney, (a) Parks and Recreation. (b) Street and Alley Closings. (c) Gas Supply. (d) Public Health. (e) City Building Codes. (f) City Utility Connections and Meter Operations. (g) Pkt'..: g, Planning and Zoning. (5) Robert W. 'Coffin, Senior Assistant City Attorney, (a) City Building Codes. (b) Platting, Planning and Zoning. (c) Condemnation. (d) City Land Sales, Easements and Leases Not Specifically Arising Within Other Assigned Areas. (6) Gerry Miller, Assistant City Attorney (Proposed Police Legal Advisor) (a) Civil Service. (b) Paving -Liens and Miscellaneous Liens. (c) Comp. Claims. (d) City Insurance. (e) Data Processing. Page 4 -v(1) (7) Cerald Benadum Assistant City Attorney, (a) Manpower Programs. (b) Neighborhood Improvement Program. (e) Community Renewal Program. (d) Trade and Callings Bonds (i.e. Master Plumbers' Bonds, Pest Control Operators' Bonds, Taxies' Operators' Bonds). (e) Paving Liens and Miscellaneous Liens. (f) City Marina. (8) Bill Monkres, Assistant City Attorney. (a) City Realty Rentals and Sales (Tar and Condemnation Acquisitions). (b) City Realty Sales and Rentals (Tax). (e) City Tax Collections and Miscellaneous Delinquent Fee Collections (ill. Coliseur. - Auditorium Rentals). (9) Bob Term /, Assistant City Attorney - Chief Prosecutor, (a) l'!'unicipaZ Court Prosecution. (b) Prosecution of Municipal Court Appeals - County Court. (c) Police Academy Instruction; Field Inspector; Legal Instruction; Police Operations Advice. (d) Fire Inspector operations. (e) City Secretary's Licensings, Permits and Regulatory Ordinances. (f) Traffic Engineering. (10) C. M. Henkel, Assistant City Attorney, (a) Municipal Court Prosecution. (b) Prosecution of Municipal Court Appeals - County Court (c) Police Academy Instruction; Field Inspector; Legal Instruction; Police Operations Advice. (d) Fire Inspector operations. (e) City Secretary's Licensings, Permits and Regulatory Ordinances. cuye Y V1b/ • (11) Plillimn Chris Jenkins, Assistant City Attorney, (a) MunicipaZ Court Prosecution. (b) Prosecution of hlunicipaZ Court AppeaZe - County Court. (c) PoZice Academy Instruction; FieZd Inspector; LegaZ Instruction; PoZice Operations Advice. (d) Fire Inspector operations. (e) City Secretary's Licensings, Permits and Regulatory Ordinances. Page 4 -w Organization and Participants. • (1) James H. Avant, Chief of Police, age 61. As Chief of Police, James Avant will be the project director, assuming the key executive role and determining policy and procedures. He will supervise the implementation and execution of the project and all other related projects. Chief Avant has been actively involved in police work for 33 years, having worked in all sections of the Police Division, rising through the ranks to Assistant Chief in 1951 and was appointed chief in 1970. Chief Avant is a graduate of the FBI National Academy in the 1955 Session. He has also completed all of the I.C.M.A. courses and selected I.A.C.P. courses in addition to a large number of management and supervisory courses sponsored by various agencies in Texas. Chief Avant is a member of many professional and civic organizations, some of these being: (a) International Associations of Chiefs of Police. (b) Texas Police Chiefs Association. (c) Texas Police Association. (d) ATLEE. (e) Public Protection Committee, Coastal Bend Council of Governments. (f) Advisory Committee, Nueces County Juvenile Board. (g) Masonic Lodge. During his tenure as Chief, Chief Avant has been a strong advocate of progress and has urged the people under his command to improve themselves through education and training. The Police Academy has advanced to a point that makes it one of the most outstanding in the state. The Academy,through its affiliation with Del Mar Junior College, affords the cadet 15 semester hours in Police Science. Chief Avant has also taken advantage of the Page 4 -x opportunities to improve the division by participation in LEAA, Criminal Justice Council Grants. Having participated successfully in 9 previous grants, his experience should well qualify him to administer this project. EXPERIENCE: 1970 -- to date ....................Chief of Police 1951 -- 1970 . ......................Assistant Chief of Police 1949 -- 1951 .......................Police Captain 1947 -- 1949 .......................Police Lieutenant 1943 -- 1947.......... .........Police Sergeant 1941 -- 1943 .......................Police Patrolman (2) Gerry Miller, B.S. - J.D. Attorney At Law, age 30, DOB 12 -12 -44 Graduate of W. B. Ray High School, Corpus Christi, Texas 1963 Associate of Arts, Del Mar College, Corpus Christi, Texas 1965 B.S. - Economics, University of Houston, Texas 1967 Juris Doctorate, Texas Tech1970 National College of District Attorneys, University of Houston, Texas 2.972 Mr. Miller has been active in the practice of law in many areas, having served in private practice and on the staff of the City Attorney and District Attorney. He has an outstanding record and is considered as one of the better young attorneys in the profession, locally. EXPERIENCE: June 1970 - April 1971........ private practice April 1971 - September 1971.... Assistant City Attorney September 1971 - November 1973..... Assistant District Attorney November 1973 - to present ........ Assistant City Attorney (3) R. Marvin Townsend, City Manager, age 41 Employed by the City of Corpus Christi in 1956 as an Administrative Aide and has progressed steadily upward to his present position which he has Page 4 -y • • held since January 1968. He graduated from Cornell University in 1955 with a B.A. in Economics, 1956 MPA in City Government, Cornell University. EXPERIENCE: January 1968 - present...... City Manager January 1960 - January 1968, Asst. City Manager, Corpus Christi 1959 - 1960........ Administrative Assistant III, Corpus Christi 1958 - 1959........ Budget and Research Analyst, Corpus Christi 1957 - 1958........ Administrative Analyst, Corpus Christi 1956 - 1957........ Administrative Aide, Corpus Christi 1955 - 1956........ Planning Aide, Westchester County, New York (Summer Employment) 1947 - 1955 ....... Day Clerk- -Night Clerk, Swimming Pool Concession (Part time employment while attending college) (4) Harold F. Zick, Director of Finance, age 52. Employed by the City of Corpus Christi in 1956 as Chief Accountant and is currently the Director of Finance and the Chief Financial officer for the city involved in grant applications. EXPERIENCE: 1961 - to date...... Director of Finance, City of Corpus Christi 1956 - 1961......... Chief Accountant, City of Corpus Christi 1954 - 1956......... Chief Auditor, City of Tulsa, Oklahoma 1950 - 1954........ Chief Auditor, City of Fayetteville, Arkansas 1949 - 1950......... Accountant and Office Manager, Water Department, City of Fayetteville, Arkansas 1948 - 1949......... Public Accounting, Fayetteville, Arkansas 1941' - 1946......... U.S. Army and U.S. Air Force (Captain) EDUCATION: 1946 - 1948......... University of Arkansas, B.S. Degree in Business Administration: Major, Accounting • -Z Staff Staff organization: Project execution will be carried out under the general policy direction of the Chief of Police, operating in conjunction with the City Manager. The Chief of Police will also exercise direct administrative control. Technical legal support and counseling will be carried out by the City Attorney. The proposed legal advisor will receive assistance and support from the various section commanders and other members of the staff of the Chief of Police. 3. Cooperating or Participating Agencies. This project will require a high degree of cooperation between the City Legal Department, Municipal Court, Justice of the Peace Courts, County Courts, District Courts and the prosecuting agencies responsible to these courts. The police training sections will also be quite involved in this project. (a) Results. (1) Achievement of objectives. The anticipated result of this project is the achievement of the goals previously stated by: Improving the legal education of the members of the Police Division. Furnishing a Police Legal Advisor for immediate response to field problems. Make possible the revision and republication of a duty manual with rules, regulations, procedures and orders for all personnel. Increase the level of convictions of prisoners arrested, by better case preparation in those cases filed for prosecution. Raise the level of morale by establishing a set of procedures and penalities for violations of these procedures. This project should greatly improve the over -all efficiency and productivity of the Police Division. (2) Significance It is significant that the Corpus Christi Police Division is attempting to establish the position of PoZice Legal Advisor as an arm of the Police Division on police assignments. Other programs which have provided part -time legal advice.have not been workable. As the legal requirements become restrictive on the police, the ,national trend is moving toward a Legal Advisor in each police department. (3) Dissednation Project evaluation results and major program achievements will be fora -arded to Criminal Justice Council at specified intervals. This project's results mill be disseminated through informal channels to other police, courts, organizations and to the public through the news nedia. Coastal Bend Council of Governments will be made aware of the results of the project and through their official publications will notify other Councils of Government of the results of this program. (4) Eva.uation The Chief of Police, the City Manager and the head of the Legal Depart- ment will review the results of this project on an informal basis at unspecified intervals to determine the effectiveness and degree of acceptance that has been established. Eonthly crime statistics will be reviewed to determine if there has been any appreciable change from previous months. Reports of the • Page 4 -bb • responses for assistance and the outcome of such requests will be kept for division evaluation and where possible will be documented and re- tained for final evaluation. Records will be retained of cases filed, interpretations submitted, class room hours of instruction and field situations where the Police Legal Advisor was a participant. Roll Call samplings will be taken at intervals to determine the satisfaction or dissatisfaction of the work forces with the quantity or quality of legal aid rendered. These will be used as an informal measure of the over- all effectiveness of the program. • Page 5 • TEXAS CRIMINAL JUSTICE COUNCIL APPLICATION FOR GRANT Project Title: Corpus Christi Police Legal Advisor To validate this application, the following standard grant conditions, where applicable, must be certified and agreed to by the applicant. Also, where a condition is applicable and requires additional information, such information should be included in or as an addition to the applica- tion. (Additional explanation of these grant conditions may be found in CJC publication Guide for Grant Administration. ) Standard Grant Conditions 1. Project Initiation. If an approved project has not commenced within 60 days after accep- tance of the grant award, acceptance of the grant award must be returned to the CJC within 30 days after the date of the award. The grantee will report by letter the steps taken to initiate the project, reasons for the delay, and expected starting date. If 90 days after acceptance of the award the project is not operational, a further statement of Implementation delay will be submitted by the grantee to the Criminal Justice Council. On receipt of the 90 -day letter CJC may cancel the project and redistribute the funds to other project areas. CJC, where warranted by extenuating circumstances, may request approval from the LEAA Regional Office to extend the implementation date of the project past the 90 -day period. 2. Project Completion. With the exception of the final project report, final financial report, and liquidation of goods or services encumbered before the termination date, grants must be completed no later than the termination date set forth in the Statement of Grant Award or any approved extension thereof. Grantees should keep in mind the grant condi- tion prohibiting the obligation of funds beyond such termination dates, the requirement for liquidation of obligations within 90 days after the termination date, and the require- ment for the return of unobligated grant funds within such period. 3, Reports. The grantee shall submit, at such times and in such forms as may be prescribed, any reports that the Criminal Justice Council may require, including quarterly financial and progress reports and final financial and progress reports. The grantee's failure to submit required reports within the prescribed time constrails may result in unnecessary delays in the processing of request for funds. 9, Fiscal Regulations. The fiscal administration of grants shall be subject to such rules, regulations, and policies concerning accounting and records, payments of funds, cost allowability, submission of financial reports, etc., as may be presecribed by CJC, including those set forth in the CJC Guide for Grant Administration. 6. Utilization and Payment of Funds. Funds awarded may be expended only for purposes and activities covered by the grantee's approved project plan and budget. Payments will be made on the basis of periodic requests and estimates of fund needs submitted by the grantee. Payments will be adjusted to correct previous overpayments or underpayments and disallowances resulting from audit, 6. Written Approval of Changes. Grantees must obtain prior written approval from CJC far major project changes. These include (a) changes of substance in project activities, design, or research plans set forth in the approved application; (b) changes in the project director or other key personnel identified in the approved application; (c) expenditure of project Page 5A funds representing more than a 15 percent or $2,500 variation, whichever is greater, in any category of the Lot at approved budget, including both CJC grant funds and grantee cuntri• bution; and (d) all additions to or deletions of approved equipment purchases. Any project changes in the grantee's prerogative to initiate are subject to cost allowability and budget guidelines that may be described in the CJC publications mentioned in the preamble to this section. 7. Application Review Changes. Any changes effected in this application as a result of or during the course of CJC review will be deemed to have been ratified by the grantee upon CJC's receipt of the grantee's request for funds or acceptance agreement. 8. Maintenance of Records. Financial records, supporting documents, statistical records, required reports, and all other records pertinent to the grant project or any component part thereof shall be retained for three years from the date of the grantee's submission of the final expenditure report, except that records for non - expendable property acquired with Federal grant funds shall be retained for three years after final disposition. The records shall be retained beyond the three -year period if audit findings have not been resolved. Provisions to this effect must be included in all contracts, subcontracts, or other arrangements for implementation of this project or any component thereof. 9. Inspection and Audit. The Stale of Texas, the U.S. Department of Justice, and the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records pertinent to this grant project for the purpose of making audit, examination, excerpts, and transcripts. A provi- sion to this effect shall be included in all contracts, subcontracts, or other arrangements for implementation of this project or any component therof. 10. Termination of Aid. A grant may be terminated or fund payments discontinued by CJC if It finds a substantial failure to comply with the provisions of P.L. 90.351 or regulations promulgated thereunder, including these grant conditions or application obligations, but only after notice and hearing and pursuant to all procedures set forth in Sections 510 and 611 of P.L. 90 -351. 11. Obligation of Grant Funds. Grant funds may not, without advance written approval by CJC, be obligated prior to the effective date or subsequent to the termination date of the grant period. Obligations outstanding as of the termination date shall be liquidated within 90 days. Such obligations must be related to goods or services provided and utilized for ultimate program purposes. 12. Title to Property. Title to property acquired wholly or partly with grant project funds In accordance with approved budgets shall vest in the grantee, subject to divestment at the option of LEAA or CJC (to the extent federal funds contributed to the acquisition there- of) exercisable only on notice within 180 days after the end of the grant period or termination of the grant. The grantee shall exercise due care in the use, maintenance, protection, and preservation of such property during the period of grantor interest. 13. Use of Property for Law Enforcement Purposes. All property acquired with grant project funds or donated property representing a grantee contribution shall be committed to use for law enrnreemenL purposes throughout its useful lire. 14. Project income. All interest or other Income earned by a grantee with respect to grant funds or as a result of conduct of the grant project (sale of publications, registrations fees, service charges on fees, etc.) must be accounted for. Income should be applied to project purposes or in reduction of project cost. Interest earned on grant funds must be returned to CJC. All other project income must be applied to project purposes or as a reduction of total project cost. Page 5B 15. Publications. The grantee may publish, at its own expense, the results of grant activity without prior CJC review provided that any publication (written, visual, or sound) contains an acknowledgement of CJC grant support. The following disclaimer must be contained in the aforementioned acknowledgement: The fact that the Criminal Justice Council furnished financial support to the activity described in this publication does not necessarily Indicate the concurrence of the Criminal Justice Council in the statements or conclusions contained herein. At least 25 copies of any such publication must be furnished to CJC but only 30 copies of training materials (where used in grant project) must be supplied, except as otherwise requested or approved by CJC. Publication of documents or reports with grant funds beyond quantities required to meet standard report requirements must be provided for in approved project plans or budgets or otherwise approved by CJC and, for large quantity publication, manuscripts must be submitted in advance to CJC. 16. Copyrights. Where activities supported by this grant produce original books, manuals, films, computer programs (including executable computer programs and supporting data in any form). or other copyrightable material, the grantee may copyright such, but CJC reserves a royalty -free, nonexclusive, and irrevocable license to produce, publish, and use such materials, and to authorize others to do so. Disposition of royalties will be determined by CJC. Provisions appropriate to effectuate the purposes of this condition must be in all employment contracts, consultants' agreements, and other contracts. 17. Patents. If any discovery or invention arises or is developed in the course of or as a result of work performed under this grant, by the grantee or contractor, the grantee shall refer the discovery or invention to CJC, which will determine whether or not patent protection will be sought; how any rights therein, including patent rights, will be disposed of and administered; and the need for other action required to protect the public interest in work supported with federal funds, all in accordance with the Presidential Memorandum of October 10, 1963, on Government Patent Policy. In the final narrative report the grantee shall identify any discovery or invention arising under or developed in the course of or as a result of work performed under this grant or shall certify that there are no such inventions or discoveries. 18. Allowable Costs. The allowability of costs incurred under any grant shall be determined in accordance with the general principles of allowability and standards fo: selected cost items set forth in Office of Management and Budget Circular A -87, "Principles for Determining Costs Applicable to Grants and Contracts with Slate and Luca] Governments," as further defined and delimited in conditions in the CJC Guide for Grant Administration. Educa- tional institutions are subject to standards set forth in OMB Circular A -21. 19. Expenses Not Allowable. Grant funds may not be expended for (a) items not part of the approved budget or separately approved by CJC; (b) purchase of land and construction of buildings or implementation of improvements theren, or payment of real estate mortgages or taxes, unless specifically provided for in the grant agreement; (c) entertainment, amuse- ments, or social actitities, or incidental costs related thereto; (d) purchase of automobiles or other automotive vehicles unless provided for in the grant agreement; or (e) indirect (overhead) costs, if the grantee does not have an indirect cost allocation plan and rate acceptable to CJC, except negotiated lump sum amounts included in the approved applica- tion budget. 20. Proposal Costs. Grant funds may not be committed or expended for costs of preparing proposals without prior CJC approval. 21. Third Party Participation. No contract or agreement not incorporated in the approved proposal or approved in advance by CJC may be entered into by the grantee for execution of project activities or provision of services to a grant project (other than purchase of supplies or standard commercial or maintenance services less than $2,500). Any such Irnge 5C arrangements shall provide that the grantee will retain ultimate control and responsibility for the grant project and that the contractor shall be bound by these grant conditions and any other requirements applicable to the grantee in the conduct of the project. 22. Clean Air Act. In accordance with Presidential Executive Order 11602 and the provisions of the Clean Air Act, 42 USC 1857 at seg, ns amended by P.L. 91 -604, 1970, any grunt may be terminated and expenditure of federal funds will be discontinued if at any time during the grant period the grantee has been convicted of an offense under the Clean Air Act Grantee may not contract with any party convicted under the Clean Air Act. Appli- cant certifies that it has not been convicted of any violation of the Clean Air Act. 23. Hatch Act. All persons funded by or contributing to this project agree to comply with Title 6, Chapter 15, Sections 1501 through 1508 and any amendments thereto, United S /ales Code Annotated, more commonly known as the "Hatch Act" relating to political activities. 24. Release of Information. Pursuant to Section 521 of the Act, all records, reports, papers, and other documents kept by recipients of CJC funds, including grantees and their con- tractors, relating to the receipt and disposition of such funds are required to be made available to CJC and LEAA, under the terms and conditions of the Federal Freedom of Information Act. 25. Relocation Assistance. In conformance with the requirements of the Uniform Relocation Assistance and Land Acquisitions Policies Act of 1970 (42 USC 4633), applicant hereby declares that this project will not result in the displacement of one or more persons, businesses• or farm operations, and that no real property shall be acquired for project purposes. If this declaration cannot be made, CJC will provide the applicant a Relocation Assistance Certificate that must be completed before consideration of the application. 26. Environmental Impact, Any application for a grant involving: (a) construction, purchase, - or alteration of facilities; (b) implementation of programs involving the use of herbicides and pesticides; or (c) other actions determined by the LEAA Regional Administrator to have a possibly significant effect on the quality of the environment, must include either a draft environmental statement m required by Section 102(2)(c) of the National Ens•iron- mental Policy Act or a declaration that the proposed action will not have a significant Impact on the environment. 27. Historic Sites. In any grant project involving construction, renovation, purchasing, or leas. ing of facilities the grantee shall consult with the slate liaison officer for historic preserva- tion to determine whether the undertaking may have an effect on properties listed in the National Register of Historic Places. If the undertaking may have an adverse effect on the listed program properties CJC must be notified before consideration of the application. 28. Education Support. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving CJC financial assistance with the exception of the qualifications set forth in Title IX, Section 901(A) of Public Law 92 -318 (86 Stet. 373), To validate this application, the following special items must be certified and agreed to by the applicant: Special Items Nonsupplanting Requirement. In compliance with the requirement that federal funds, made available under Part C. Title 1, Public Law 90 -351, as amended, be used "not to supplant stale or local funds," this is to certify that the below described recipient of federal funds under Part C. Title I, Public Law 90.361, as amended, will use such funds to increase stale or local funds Page 5D that would, in the absence of such federal aid, be made available for law enforcement purposes. It is understood that the above certification by the financial officer will be required on the final report of expenditures and status of action grant funds. Assurance of Compliance with Civil Rights Act of 19 64. The applicant hereby agrees that it will comply and will insure compliance by its contractors with Title VI of the Civil Rights Act of 1964 (Public Law 83.352) and all requirements imposed by or pursuant to Regulations of the Department of Justice (29 CRF Part 42) issued pursuant to that title, to the end that no person shall on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance. The grantee further will comply with and insure compliance by its contractors with Justice Department equal employ- ment regulation In federally assisted programs to the end that employment discrimination in such programs on the grounds of race, color, creed, sex, or national origin shall be eliminated. The grantee recognizes the right of the United States to seek judicial enforcement in its contracts. Assurance of compliance with Title 28, Part 42, nondiscrimination; equal opportu- nity; Police and Procedures — Subpart E —Equal Opportunity Guidelines. The applicant hereby agrees that it has complied with the requirements of Subpart E and has filed the required certification and where applicable has on file a current affirmative action plan. Applicant's Agreement. It is understood and agreed by the applicant that any grant received as a result of this application shell be subject to the above standard conditions, special item.,, and other policies and rules issued by the Criminal Justice Council for administration of grant projects; all provisions under P.L. 90.351, as amended; and memoranda issued by CJC. Certified by; Signature Name Title Date: Agency . Form CJC-1 (111/74) . EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CE VDF- ICATION J. H. Avant, Chief of Police (official filing the application) certify that: • C3 This agency employs fewer than 50 people or has received or applied for less than $25,000 from Criminal Justice Division, therefore, the is not required to file an (criminal justice agency) equal opportunity program in accordance with 28 CFR 42.301 et seq., Subpart E. K) This agency employs 50 or more people and has received or applied to the Criminal Justice Division, Office of the Governor for total funds in excess of $25,000, therefore, the City of Corpus Christi has formulated an equal employment opportunity (criminal justice agency) program in accordance with 28 CFR 42.201, et seq., Subpart E if applicable, and that it is on file in the office of for review or audit by an (name, address, title) official of the Criminal Justice Division, Office of the Governor or the Law Enforcement Assistance Administration, as required by relevant laws and regulations. ®This state agency or department has received LEAA funds from the Criminal Justice Division, Office of the Governor, therefore, the Corpus Christi Police Department has formulated an equal (criminal justice agency) employment opportunity program in accordance with the Appropriations Bill, 63rd Legislature, Regular Session and with 28 CFR 42.301, et seq., Subpart E if applicable, and that it is on file in the office of _ Charles Speed, Director of Parennnel . P.O. BOX 0777 for review or audit by an official of (name, address, title) the Criminal Justice Division, Office of the Governor or the Law Enforcement Assistance Administration, as required by relevant laws and regulations. PROJECT TITLE Corpus Christi Police Legal Advisor GRANT NUMBER Official Authorized to Sign Application DATE Project Director DATE LI April 26, 1974 The enclosed attachments are part of the Corpus Christi Police Division Grant Application for a "Police Legal Advisor ". Attachment #1 Capital outlay price list furnished by the Budget Office of the City of Corpus Christi, prepared by the City Purchasing Department. Used as a basis for prices of equipment in Grant Application. Attachment #2 A list of legal books and publications needed by a Legal Advisor. Numbers 3, 10, and 12 were not included in this Grant Application. Attachment #3 City of Corpus Christi Standard Instructions on travel policies used as basis for computing figures for Category "C" travel. is A1 TPtGHA1 GNT = Revised 1/25/74 CAPITAL OUTLAY PRICE LIST � - _'Pe a9 " • J. 4, CiCLjS & i•14CHTi^sRY ro Cars E.•_ ,� cT ; Sedan, 4 -Dr., Compact, Auto.Transmission, 6 Cyl. r" C.- ,c $ 2,782 Sedan, 4 Dr., Compact, Auto.Transmission, 8 Cyl., A/C 3,229 Sedan, 4 -Dr., Auto. Transmission, 8 Cyl., A /C, Poser Steering 3,674 Sedan, 4 -Dr., Auto.Transmission, 8 Cyl., A /C, Power Steering(Police Pkg.) 3,7$8 Station Wagon, 4 -Dr., Auto.Transmission, 8 Cyl.,Intermediate 3,556 Station Wagon, 4 -Dr., Auto.Transmission, 8 Cyl., A /C, Intermediate 3,898 Trucks 1 2 Ton Pickup, 6 Cyl. w /rear fenders 3,039 3/4 Ton Pickup, 8 Cyl. w /rear fenders 3,567 Window Van, Std. Transmission, 8 Cyl., 108 "Wheelbase, 6200 GVW 3,3i -6 One Ton Cargo Van, A/C (Paddy Wagon) 123" Wheelbase, 7500 GVW 3,959 Cab & Chassis 8000 GVW 3/4 Ton) Cab & Chassis, 8 Cyl., 56" cab -axle 3,317 10000 GVW (1 Ton) Cab & Chassis, 6 Cyl., 60" cab -axle 3,531 20000 GVW (2 Ton) Cab & Chassis, 8 Cyl., 60" cab -axle 4,178 20000 M? (2 Ton) Cab & Chassis, 8 Cyl., 84" cab -axle 4,200 20000 GVW (2 Ton) Cab & Chassis, 8 Cyl.; 102" cab -axle 4,244' 20000 GVW (2 Ton) Cab & Chassis 8 Cyl. � 120" cab -axle 4,361 20000 GVW (2 Ton) Cab & Chassis., 8 Cyl, 196" cab -axle 4,468 23000 GVW (2 -1/2 Ton) Cab & Chassis, 8 Cyl., 60" cab -axle 53029 23000 GVW (2 -1/2 Ton) Cab & Chassis, 8 Cyl., 84" cab -axle 5,056 23000 M (2 -1/2 Ton) Cab & Chassis, 8 Cyl., 136" cab -axle 5,216 27500 GVW (5 Ton) Cab & Chassis, 8 Cyl., 72" cab -axle w /Std. Transmission 6,555 27500 GVW (5Ton) Cab & Chassis, 8 Cyl., 84" cab -axle w /Std. Transmission 6,576 27500 GVW (5 Ton) Cab & Chassis, 8 Cyl., 132" cab -axle w /Std. Transmission 6,692 Nff-650 Allison Transmission 2,408 2,996 200 H.P. Diesel Engine Special Bodies (all prices include mountin ) 6,634 Dump Trailer, 12 - 15 Cu.Yd. w Hydraulic Hoist 465 Lift gate, Hydraulic for 3/4 Ton Pickup Dump Body, 4 - 5 Cu.Yd. w 17" Hydraulic Hoist (Carry Out) 1,177 Packer Body, 20 Cu.Yd., Hydraulic Hoist, Rear Loader 6,420 41815 Brush Body, 18'6" w /Hoist and PTO 4,494 Brush Body, 12' long w /Hoist and PTO 16' Stake Body for Park Dept.,including Tailgate Hoist(Carry Out) 1,605 Utility gas meter service body for 3/4 Ton Cab & Chassis 856 Utility service body w /aerial 28' ladder for 1 Ton Cab & Chassis 7,490 11,770 Utility service body w /aerial 35' ladder for 1 Ton Cab & Chassis 4,280 Utility service body for Water Division crews for 2 Ton Cab & Chassis 2,782 Utility service body for Gas Division on 2 Ton Cab & Chassis, 84" cab -axle Utility Hose sprinkler service body for Park Division 3,638 Side Pack Tool Boxes for 1/2 & 3/4 Ton Pickup (Carry Out) ' 0; IPIG EQUIPMRIT Golf Course Tractor 40 HP, PTO 4,400 5 Gang Tractor Mower 6,900 875 Self- Propelled 30' Rotary Mower 1,845 Self- Propelled 60" Rotary Mower 2,320 Self- Propelled 76" Rotary itower Self- Propelled 30" Reel Mower 915 CAPITAL OU.UL4Y PRICE LISP • mr Equ- Ta•-r-L1T(Continued) 3,424 k Propelled 76" Reel Alower` 2,000 21" Lawn ,Mower 150 60" weed Cutter, Three Point Hitch 520 84" S -Teed Cutter, Three Point Hitch 700 84" ?•Teed Cutter, Pull Type 1,195 Turf Aerifier, Self Propelled, 3 HP 750 Turf Aerifier, Self Propelled, 8 HP, Coring Type 2,250 Curb Edger 162 Lawn Edger, H.D. 26,964 - =Tf EQ=L EiTP 2 Drum Sheeps Foot Roller 3,424 Self Propelled Vibrating Patching Rollers 2,140 6 Ton, 3 -Wheel Roller, Diesel 17,120 10 -12 Ton, 3 -Wheel Roller, Diesel & Sprinkling Attachment 23,155 13 Wheel Pneumatic Roller,-Tow Type 2,531 Self Propelled, 12 Ton, 9 Wheel Pneur- tic Roller, Gasoline 132910 12 Ton Equipment Trailer 3,852 2,000 Gal. Asphalt Distributor, mounted on truck 14,445 Carrier Mounted Hydraulic Excavator, Model 300 TM, Gasoline 49,755 Heavy Duty Tricycle Type Street Sweeper, Diesel w/hydrostatic drive 26,964 - Tractor Mounted Brush Loader w/100 HP Diesel Tractor 17,441 9 Cu.Yd. Self Loading Scraper, Diesel 53,500 Brush Chipper 6,9 3/4 Yd. Truck Mounted Loader Truck Mounted Crane w/30' Boom, less truck 10,588 40 HP Industrial Tractors w/3 -point Hitches, Diesel 4,890 40, HP Industrial Tractor w/Sickle Cutter, Diesel 5,789 50 HP Industrial Tractor w/Leader, 13' Backhoe & 18" Trenching Buckets, Diesel 10,861 50 HP Industrial Tractor w/Loader, 13' Backhoe & 24" Trenching Bucket, Diesel 10,887 50 BP Industrial Tractor w/Loader, 18' Backhoe & 18" Trenching Bucket, Diesel 14,044• 50 BP Industrial Tractor w/Loader and 3 -Point Hitch, Diesel 6,998 40 HP Industrial Tractor w/ 3/4 Yd. Loader & 6' X 8" Chain Type Trencher, Diesel 12,091 60 HP Industrial Tractor w/Standard Draw Bar, Diesel 5,6 n. 90 HP Industrial Tractor w( /Standard Draw Bar, Diesel 9,416 2 -1/2 Cu.Yd. Rubber Tired 4 -Wheel Drive Tractor. Shovel 46,010 Motor Grader, 125 RP 36,710 24,075 1 -1`2 Cu.Yd., 4 -70heel Drive Tractor Shovel, Diesel Tow -Type Compacting Asphalt Lay -Down Machine 2,94-3 3,478 10' Aggregate Spreader Box Self - Propelled Aggregate Type Spreader 'w/rec. & spread hopper, Diesel 35,096 1 -1/4 Cu.Yd. 4 Wheel Drive Industrial Tractor w/integrated, 14' Backhoe & Front end Loader, Diesel 27,071 AIR CO'N]PRESSORS 125 CFM Skid Mounted Air Compressor, Gasoline 5,200 125 CFM Trailer Mounted Air Compressor, Gasoline 5,500 CAPITAL OUTLAY PRICE LIST • __F ICE EQUL°2Ir ,T •_s'.cs - Metal w /Plastic Top O X 36 semi - conference type, double pedestal w /overhang on bases side 200 60 X 30 flat top, double pedestal w/o overhang 175 60 X 30 typewriter desk,w /left or right pedestal 210 45 X 30 single pedestal desk 140 Inairs 85 Executive posture swivel chair Executive swivel arm chair w /fixed back 65 'iles - Metal 20 tray tab card file for MI cards 325 10 tray tab card file for TIM cards 210 Plan or map file, 5 drawer section complete w /top and base, appr6x. 52 X 40 X 17, takes paper 48 X 36 359 Plan or man file, 5 drawer section complete W./top and base, approx. 45 X 33 X 17, takes paper 42 X 30 296 ?ables - Metal 0 3x 0 panel end 150 76 X 36 w /leg end or panel end 235 96 X 36 w /leg end or panel end 320 Drafting table, standard size 245 ?ffice Yzahines t:echanical adding, Multiplying and calculating Machine, Print Type Adder, list 10 total 11, w credit balance-and multiply keys 225 calculator, list 12 total 13, printing(add,mult.sub.& div.) 300 Electronic Calculators Electronic calculator, one memory, non print, 12 dig. 6 dec.pl.,floating dec.in 250 Electronic calculator, two memory, non print, 14 -16 dig-8-9 dec.pl.R /off, " 420 Electronic calculator, two memory, non print, 14-16 dig.8 -9 dec.pl.R/off, " 465 & Square Root. Electronic calculator, one memory, printing type, 12 -12 dig -, floating in & fixed out decimal. 459 Electronic calculator, two memory, typa, 12 -12 dig., floating in & _printing fixed out decimal. 6 �5 Electronic calculator, two memory, printing type, M -12 dig., floating in & fixed out decimal, square root. 675 Electronic calculator, portable, A/C - D/C w /converter, 8 -8 dig. 125 Dictating Machines 490 Dictation, desk top, cassette type,'complete 490 Transcribing unit, desk top, cassette type, complete Dictation, Portable, cassette type, Deluxe 295 Dictation, Portable, cassette type, Miniature 175 Dictation, Portable, cassette type, Standard 120 CAPITAL OWLAY PRICE: LISP • ,.iic? f achines (Continued) 440 1,-^e;rriters - Electric 13" Carriage Width 507 16" Carriage Width 5 �5 19" Carriage Width 570 576 13" Selectric II 594 15" §electric II Tg aewriters - Manual 13" Carriage Width 250 260 16" Carriage Width 1=1 _ R EQ'=' c M 899 Air Conditioners - Window Type 877 1 HP, 10,000 BTU -- 275 2 HP, 19,000 BTU 350 400 2 -1/4 HP, 24,000 ETU Coolers - Water, Electric Gal. Capacity 200 215 192 Gal. Capacity 285 20 Gal. Capacity Floor Polishers 460 17 1 HP, 100 Lbs. net weight 440 15" 3/4 HP, 90 Lbs. net weight Time Clocks 315 Time Clock, Small 425 Time Clock, Large 265 Time Clock, Semi - Automatic 200 Tim° Clock, Time & Date Stamp ,abinets Storage 0 x 18" X 78" - 4 Shelves with doors 60 Radios minimum 80 Watt, 12 Volt, 4- Channel capacity mobile transmitter & receiver, trunk mount, std. accessories. To operate on 150 MHz narrow band range. 899 Minimum 70 Watt, 12 Volt, 1- Channel capacity mobile transmitter & receiver, 877 trunk mount, Std. accessories. To operate on 450 MEz range. Minimum 70 Watt, 12 Volt, 4- Channel capacity mobile transmitter & receiver, trunk mount, Std. accessories. To operate on 460 MHz range,(Police Frequency) tone code squelch 173.8 CPS 1,251 Minimum 80 Watt, 12 Volt, 4- Channel capacity mobile transmitter & receive=, trunk mount, std. accessories, w /audio amplifier & siren. 1,160 Minimum 35 Watt desk top transmitter - receiver control unit. 1,031 CODE 243 - 1,MMR OFFICF, EQ=,fl u'T PRIG LISP �OCGASES - Opan Front 30" X 34 -1/2" X 12" depth 50 30" X 34 -1/2" X 18" depth 58 42" X 34 -1/2" X 12" depth 63 42" x 34 -1/2" X 18" depth 75 48" X,34 -1/2" X 12" depth 7O 48" X'34 -1/2" X 18" depth 83 GaBUMTS - File 2 drawer, letter size. /o lock 70 2 drawer, legal size w/o lock. 75 4 drawer, letter size w/o lock 75 4 drawer, legal size w/o lock 85 CABINETS - Card 3" X 5" single drawer 5 3" X 5" double drawer 8 6 4" X 6" single drawer 4" X 6 "double drawer 10 5" X 8" single drawer 8 5" X 8" double drawer 13 CABINETS - Counter Height 36" X 18" X 42 ", 3 adjustable shelves w /doors 50 CMURS Visitor chair, w/o arms, metal, upholstered seat and back 30 Side arm chair, metal w /upholstered seat and back, p>a.stic arm rest 40 Secretarial chair, tilt back, 5 adjustments, upholstered back,,gros point seat 50 TABLES 30" X 72" folding banquet style, plastic top 35 30" X 96" folding banquet style, plastic top 45 Typing table, metal drop leaf w /formica top, elevator device, locking mechanism AT- rAr_f+rvIFALT- .7rrr' CITY OF CORPUS CHRISTI STANDARD INSTRUCTIONS SUBJECT: Travel Policies DISTRIBUTION: "B" I. Purpose • NO: 12 -2 -1 DATE: 1 -31 -73 BY: Archie N. walker APPROVED: � R. hIAr in Townsend City Manager Travel by City employees under auspices of the City is for. the purpose of training, the exchange of new ideas, the accomplishment of a specific purpose, or the solution of a definite problem. Each employee is expected to bring credit to the City and to carry out the purpose of his trip in an effective and economical manner. The City reimburses its employees for all reasonable expenses which are incurred while traveling on City business. There is no attempt on the part of the City to compensate the traveler for inconvenience or to provide unnecessary conveniences while on the trip. II. Scope This Standard Instruction is applicable to all travel by City employees on City business outside of the City limits of Corpus Christi involving reimbursable expenses which are to be charged to Q; de 352, Travel; Code 353, Operational Travel; travel under. appropriations in the various bond funds; or any other financial source. III. Procedures A. Under Code 352, Travel, prior budgetary approval is required. If an advance is requested, the original and two (2) copies of Standard Form 33 must be submitted to the Accounting Division which will check the request against a master list of approved travel furnished it by the Budget Office. If the request appears on the master list of approv- ed travel, the Accounting Division will return the original copy alzng with the advance check to the individual who is traveling. Upon com- pletion of the trip, the original Standard Fcrm 33 will be completed and returned to the Accounting Division with the necessary expense 'information and receipts attached thereto. If the request is not on the master list of approved travel, the Accounting Division will return the request to the department_ concerned for proper processing. * Indicates revision or addition 12 -2 -2 * B. If approval was not obtained in the printed budget, the original and (2) copies of Standard Form 33 must be submitted to the City Manager's Office through the Budget Office. The request must show what trip is being canceled to provide funds for the additional trip. If the request is in addition to that which is approved in the budget rather than a substitution, sufficient justification must be given so that a determination can be made as to the advis- ability of a- special appropriation transfer for the requested purpose. C. .If no advance was obtained, the original copy.of Standard Form 33 should !Ye completed with the necessary receipts attached thereto and sent to the Accounting, Division which will check the request against the master list of approved travel. If-the travel is an addition or substitution, then the request must be submitted to the City Manager's Office through the Budget Office for approval. The Standard Form 33 and attached receipts will then be sent to the Accounting Division for reimbursement. D. Operational travel will not require prior approval as long as each individual trip is approved by the department head, the division head, or the supervisor having primary responsibility for the parti- cular activity. If advances are requested, the same procedures will be carried out as under Code 352, Travel. Upon return of the traveler, the original of Standard Form 33 must be sent to the Accounting Division with the necessary expense receipts to support the requested reimbursement. IV. Reimbursable Expenditures A. To provide proper management and accounting control, definite standards must be established to determiae...the amount.of•.each item-and the basic items that are eligible for reimbursement. The representative of the City is responsible for justifying his expenses adequately and fully to the satisfaction of the Chief Accountant within the follo*ing limits: 1. Transportation - Tourist Class air travel will be utilized by division heads, department heads and other staff and employees for all long trips. First Class transportation may be utilized only with prior approval of the City Manager, unless Tourist Class seats are not available. Reimbursement for private cars for short trips will be made on a basis of a rate not to exceed $.10 per mile, depending upon the policy of the division concerned. When City cars are used for short trips, the City credit card may be ob- tained from the Purchasing Agent. The wives of City officials' may accompany their husbands on a short trip when the City car is used upon approval of the City Manager; however, the City will not pay for the cost of air fare for the wife of a City official to accompany him on longer trips. * Indicates revision or addition 2. Meals - Expenses'for meals will be reimbursed on an actual basis as certified up to the following limits: $2.00 for breakfast, $2.50 for lunch, and. $3.00 fir dinner. For banquets and special meals which exceed these limits, receipts or a written explanation of any higher prices which ware necessary must be provided, 3. Lodging - Reimbursements for room expenses shall be based on the actual receipts from the hotels or rooming houses concerned. When the room is shared by several individuals, the direct percentage of the room bill shall be reimbursed, i.e., -if two individuals share, the room, a reimbursement of 50% will accrue to each individual, lodging for wives may be included upon approval of the City Manager. 4. Registration - .Registration reimbursement shall be based.upon the actual receipt for the registration payment. Reimbursement may include registration for wives upon approval of the. City Manager. 5. Tips - The reimbursement for tips shall be based upon actual expenditures as certified by the traveler, but will not exceed 10% of the cost of meals plus $.50 per day. 6.- Phone calls and telegrams - Phone calls and telegrams will be reimbursed only when itemized individually by purpose and certi- fied.by the traveler.. Personal calls to the traveler's home of minimum time and not in excess of one per day are reimbursable. 7. Car Storage and Parking - Receipts for ca._ storage and parking plus.up to $.25 per day as certified by the traveler will be reimbursable. If receipts ate not available, parking costs in excess of $.25.must be itemized by City, time, and purpose. 8. Car Rental - Car.rental will be authorized only when the travel- er's appointment schedule precludes the use:of taxis. Sdher. the necessity for car rental is foreseeable, the traveler must obtain a car rental credit :card -from the Purchasing Agent. The use.of the credit card identifies the traveler as cn City " business and assures elimination.of the sales tax and also obtains any business discount offered by the car rental agency. Only the lowest price car available is to be rented.. Since adequate insurance coverage is included in the car rental price, the City will not reimburse the traveler for any additional insurance coverage. For unforeseeable car rental, the traveller will rent only from those company's offering a discount.** 9. Laundry - Not more than $1.00 per day as certified by the traveler will be allowed for laundry expenses_ Reimbursement for laundry will only be provided for trips in excess of five days. * Indicates revision or addition ** Avis presently offers a discount, . ` � 12 -2-4 , f 10. Taxis and 1..ousines - Expsndituras for taxi and li=usiue purps3es ,Fill bereiwb-arsed as certified by the traveler ' except T_!15t s11 expanses cvee $1.00 par day must be itemized from to -atIca ,c lo_acion cn a trip basis. 11. Inauran_a - Cost for fiighc and ether travel insurance will be y� allowed ':p toper` 12. other ezpszAt V= ea - All other expenses mast be itemized and ",ppor *_2d by receipts in Lrdar to be raimbl_rsad: Travel reports containing each other expenditures will require the appxoaal'oi the City Manager or his assistant, V. General Policies A. All individuals traveling from the City should leave word in their office with their supervisors as to where they can be reached while out of the City. B. When vacation Or any ochez rype of absence is taken In addition to the travel time, the exact_ hours of estimated leave time twist be clearly shown on Standard F-.ra 33, C, For travel over eign= hOUrs only plane fare cai11 be approved. It is the City's policy that planes be used when possible to eliminate the last time which is otherwise involved. Lodging will not be approved for automobile ranspottaticn in exzess Of one day unless the travel is on the traveler's time and only they. for the duration of the conference or meeting being attended, D, alternate routes wnich are desirable because of the personal affairs of the travaler car, be sssd, but cniy on the traveler's time and with the tra°eler bearing the additional cost of the alternate route. B. It is expected that minimum, but „:zficiaat advances, will be drawn by those who are rraveiiTtg for the City - F. The careful notation of the expanses in writing when they are incurred will be of vale >blo as istan:e zn preparing the final ecoense repots. All requests for sd;Faa_as on apPr'ved travel sill be submitted to Accounting at leas= taree days pr_or to departcra, except on emergency travel. G. Those persons who tracal tegulariy to carry o`st their du*_ies should complete a reimburaement form cn:a each month for hthP'expeises they ed have iwn urren d;ring the previous month. All in Code 353 and reimbu_samant should be requested upon Standard Form 33, H P , All ex erditures eaPG rca mast be filed with the Accounting Division within 15 days after the traaeles °a -return, * Indicates revision or addition Corpus Christi, Texas �aZ 'day of , 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYO THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. jr J. Howard Stark The above ordinance was passed by the Lowing vote: Jason Luby James T. Acuff Rev, Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark