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12. B. 3.
Sexual Assault Investigator Contract
Shana Huerta, Administration
Resolved that the Calhoun County Board of Commissioners ratify and approve an Independent Contractor agreement between Calhoun County, The Calhoun County Prosecutor and Jerry Stonebraker as presented, and to authorize the County Administrator to sign the Agreement, subject to minor changes in language acceptable to the Prosecutor, Administrator/Controller and Corporation Counsel.
The Calhoun County Prosecutor, County Administration and the County Corporation Counsel recommends the Board adopt the proposed resolution. The proposed contract is in the same form and terms as the contract approved by the Board, on December 21, 2017, for services last year.
The proposed contract advances the Memorandum of Understanding (MOU) between the Michigan Attorney General and Calhoun County Prosecutor David Gilbert. This action extended an agreement with the State of Michigan to fund special prosecutors and investigators to prosecute, potential criminal charges arising out of a back log of sexual assault kits that have gone untested for a variety of reasons.The Board ratified that MOU through the previous agenda item, extending the agreement through September 30, 2020. This MOU provided for the Attorney General to fund a full time attorney, and up to two investigators, The proposed contract implements the MOU by contracting with Mr. Stonbraker to continue in his role as an investigator. The MOU provides that the County will be directly reimbursed. The MOU also explicitly provides that the funds may not be used to fund existing staff. Since the investigator is selected by the Prosecutor, payment is not made directly by the Attorney General. We have determined that an independent contract is the most efficient way to secure the services of an investigator. The contract provides that the investigator shall use his own discretion concerning how to complete matters assigned. The only control retained by the Prosecutor is the right to terminate the contract. This resolution ratifies a continuation of these grant funded position and programs.
None, other than to decline to enter into the contract, which will result in a loss of funding and termination of a project that has assisted in resolving the rape kit testing back log and resulted in at least one successful prosecution since its inception.
Approval of the contract is recommended, for the reasons indicated above.
A copy of the proposed Contract and the Approved Prosecutor/Attorney General Memorandum of Understanding are attached for your review.
Gerald Stonebraker Contract
Attorney General MOU
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