PRETRIAL DIVERSION AND RESTORATIVE JUSTICE PROGRAMMING SAFEALEX TOTAL (2.0) Pretrial Diversion and Classification Specialist

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1 FOR IMMEDIATE STAFF USE AND PUBLIC DISTRIBUTION Office of the Alexandria Mayor Office of the Alexandria City Attorney Alexandria, Louisiana PRETRIAL DIVERSION AND RESTORATIVE JUSTICE PROGRAMMING SAFEALEX TOTAL (2.0) Pretrial Diversion and Classification Specialist PRETRIAL ASSISTANCE AND DIVERSION, PROBATION AND CLASSIFICATION SERVICES DESCRIPTIONS AND PARTIAL DUTY LISTINGS 1. Existing Knowledge. All executive, divisional, and senior-level staff shall, at a minimum, exemplify knowledge of principles and practices of public administration; or in the absence of formal training and education, the experience necessary to function in the practice or discipline relevant to this unique position. This position is unique in its scope and interaction with other professional staff and subject matter experts; and it requires in this way a person of suitable and relevant experience and institutional and cultural intelligence. With a significant degree of independence, the position shall be charged with heading up a new policy initiative in public administration and strict adherence to public integrity principles and law enforcement-level scrutiny accompany this position. Development of subject matter expertise shall be required. 2. Special and Unique Position. This position shall have special collaborative and soft skills inasmuch as the position requires advancing the public s needs along with achieving a high level of cooperation from the highest public officials in the Administration, City Council, other law enforcement and citizenry. The officer shall be particularly astute regarding, and remain aware of, the city s political landscape; be prepared to effectively respond to politically charged or politically sensitive situations; and demonstrate an ability and willingness to find win-win solutions when contentious circumstances arise. The chief requirement is analytical aptitude. The officer will be working with the entire leadership team, and at times leading a team, to identify and develop key policy areas set forth by the Mayor, the officer, and others. The officer would be required to assemble,

2 Page -2- interpret, analyze, and synthesize large and complex amounts of information. The officer should be able to adeptly brief partners and other external organizations and work effectively with other stakeholders. The position is derived from unique and special authority. 3. Continuing Education; skills; articulation. Each shall continue in his or her education of public administration and best practices and management skills. If hired under a specific requirement to receive a certification, then the failure to achieve the certification is grounds for separation from the position, even if continuation of employment is allowed for a time beyond the initial agreement. Each shall research techniques, sources and availability of information and methods of report presentation. Each shall know applicable federal, state and local laws, rules and regulations pertaining to local government operations. Each shall demonstrate the ability to analyze a variety of administrative problems and to make sound policy and procedural recommendations. Each shall communicate clearly and concisely, verbally and in writing. Each shall properly interpret and make decisions in accordance with laws, regulations and policies. Each shall prepare complete and accurate reports. Each shall supervise, train, evaluate and select assigned staff. 4. At-Will Employment. Each unclassified employee understands, consents, and agrees that he or she is at-will and may be terminated, demoted, or subjected to change in pay for any reason not violative of statutory protections against unlawful discrimination (e.g., whistleblowing; race, gender, protected class discrimination). SCHEDULE OF SERVICES The Chief Classification and Diversion Specialist primarily will handle the pretrial diversion and classification work at the Alexandria City Court, under the supervision of a part-time attorney. The specialist also will work closely through any cooperative endeavors with the Alexandria Marshal. The specialist will supervise probation officers (whether full or part-time), subject to joint supervision and direction of the Alexandria City Court Judge, City Attorney, and Marshal. This officer is a senior city officer and a direct report to the City Attorney or his designee and other joint supervisors, as required. The ASSISTANT shall specifically:

3 Page -3- Create a cost-efficient and reliable measuring system relating to pretrial diversion and interventions for those charged with crimes in Alexandria and who are subject to the authority of prosecution by the Alexandria City Attorney. Maintain demonstrable integrity in his or her personal and professional life. Assist the City Attorney, assistant city attorney prosecutors, and any assigned classification attorney with the misdemeanor jurisdiction of the Alexandria City Court in which the Alexandria City Attorney operates with the power of nolle prosequi. Supervise the Pretrial Diversion Program ( PDP or PTI ) based on objective criteria. Integrate the PDP with a classification system and the probation department. Assess subject matter literature, cooperative endeavors with the courts and the district attorney, and advisory agreements with experts. Maintain stakeholder relationships and internal staff competencies. Provide diversion to at-risk kids, peer diversion, and accountability relative to offending parents and guardians; and maintain a ministerial alliance. Screen Qualification Criteria, prior criminal history, and the type of charge, including substance abuse and mental health history, victim approval, the amount of restitution, and arresting officer notes. Assign a classification level and create a uniform classification, reporting, and tracking through an IT program. (Timely and objective assessment of defendant risk and needs is an identified evidence-based criminal justice practice and essential to elective supervision and monitoring.) Submit to the mayor, city attorney, and COS periodic reports, as requested. Recommend, regarding matters of public affairs, desired speech engagements and the submission of papers and materials for public information and/or peer review.

4 Page -4- Monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; assess and monitor employee workload, administrative and support systems, and internal reporting relationships; and identify opportunities for improvement and direct the implementation of changes. Stay abreast of new trends and innovation in the field of public management and administration of PDP services. Range of Pay (full-time): $55,000-$75,000 Plus full benefits. Dependent upon education, experience and budget. Demonstrative ability of excellent skills in the preparation of high value electronic presentations, marketing, tools, and media platforms is requisite. This requirement is a critical reason for the need-basis of the position; and therefore the candidate shall affirmatively show proficiency before hire. Range of Pay (part-time): $45,000-$55,000 Plus phone allowance. Notes and Authorities: 1. The Alexandria Pretrial Intervention Program is set up by a cooperative endeavor pursuant to legislative act of the Alexandria City Council, Ordinance , pursuant to authority granted in Item 3, including additional budgetary legislative acts, executive orders, written policies, and cooperative endeavor and agreements with the Alexandria City Court (executed December 9, 2009). 2. The Alexandria Pretrial Intervention Program is authorized yearly by budgetary authority, is audited, and is applied evenly to misdemeanor jurisdiction, not according to the severity of crime. Its proceeds fund directly the SafeAlex and other court programming directly related to crime interventions and re-investment of those funds to lessen criminal and related behaviors leading to criminal behavior, including victim restitution. It is the product of legislative and executive findings of formal need. 3. The City Prosecutor is a creature of the Alexandria Home Rule, not the State Legislature as is a District Attorney. The Alexandria Home Rule is ordained as organic law flowing from the people of Alexandria s vote in accord with the Louisiana Constitution. a. These fountainheads provide:

5 Page -5- La.Const. art. VI, 5(E): A home rule charter adopted under this Section shall provide the structure and organization, powers, and functions of the government of the local governmental subdivision, which may include the exercise of any power and performance of any function necessary, requisite, or proper for the management of its affairs, not denied by general law or inconsistent with this condition. La.Const. art. VI, 6: The legislature shall enact no law the effect of which changes or affects the structure and organization or the particular distribution and redistribution of the powers and functions of any local governmental subdivision, which operates under a home rule charter. Article VII, Section 14(C) of the Constitution of the State of Louisiana provides that for a public purpose, the state and its political subdivisions... may engage in cooperative endeavors with each other, with the United States or its agencies, or with any public or private association, corporation, or individual.... Section 1-04 of the Alexandria Home Rule Charter provides: Except as otherwise provided by this charter the city shall continue to have all the powers, right, privileges, immunities and authority heretofore possessed by the city under the laws of the state. The city shall have and exercise such other powers, rights, privileges, immunities, authority and functions not inconsistent with this charter as may be conferred on or granted to a local governmental subdivision by the constitution and general laws of the state, and more specifically, the city shall have and is hereby granted the right and authority to exercise any power and perform any function necessary, requisite or proper for the management of its affairs, not denied by this charter, or by general law, or inconsistent with the constitution. b. The Charter provides for a City Attorney, with these powers: The city attorney shall serve as chief legal adviser to the mayor, city council and all divisions or departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by the charter or by ordinance. See also La.Code Crim.P. arts. 7, 15; La.R.S. 13:1871, 1894; and see City of Lake Charles v. Anderson, Judge, 248 La. 787, 182 So.2d 70 (1966). Critically, if the organic authority takes away the power of nolle prosequi, then a municipal prosecutor has no such authority. Alexandria s charter is silent and City of Lake Charles and the code of criminal procedure govern.