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AI- 3311   12. B. 4.    
BOC Regular
Meeting Date: 09/03/2020  
Sexual Assault Investigator Contract
FROM: Jim Dyer, Corporation Counsel, Corporation Counsel
Department: Corporation Counsel  

Be it Resolved, that the Calhoun County Board of Commissioners does approve the Independent Contractor Agreement between Calhoun County, the Calhoun County Prosecutor and Scott Nichols to employ him as a limited term criminal investigator, as presented, and authorizes the Administrator/Controller to sign on behalf of the County. 
The Calhoun County Prosecutor recommends that the Board adopt the proposed resolution. The proposed contract is in the same form and terms as the contract for investigator Jerry Stonebraker that was last approved by the Board of Commissioners on November 21, 2019.
The proposed contract advances the Memorandum of Understanding (MOU) between the Michigan Attorney General and Calhoun County Prosecutor David Gilbert to provide funding for special prosecutors and investigators to assist with the closure of cases involving previously untested "rape kits" to identify past sexual offenders and facilitate prosecutions. The Board of Commissioners has previously approved an extension of this MOU through September 30, 2020.

The proposed Independent Contractor Agreement provides for a second investigator to assist in closing any remaining cases as the current MOU with the Attorney General comes to an end. The proposed contract implements the MOU by contracting with Mr. Nichols to work as an investigator through the end of September 2020. The short duration of this independent contractor agreement is necessary to wrap up the final investigations before the MOU expires and the current special prosecutor ends her assignment at Calhoun County on September 30, 2020. It is currently doubtful that the MOU will be extended. 

The MOU provides that the County will be directly reimbursed for these costs. The MOU also explicitly provides that the funds may not be used to fund existing staff, hence the need for a new independent contractor. Since the investigator (unlike the special assistant prosecutor) is selected by the Calhoun County Prosecutor, payment for his services is not made directly by the Attorney General. County Administration believes that an independent contract is the most efficient way to secure the services of an investigator, particularly for the short, six-week, time until the end of the current MOU. 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.

As desired by the Board of Commissioners. Without approval, available grant funds will go unused, and Calhoun County would be required to fund these investigations.
The Calhoun County Prosecutor recommends that the Calhoun County Board of Commissioners approve the Independent Contractor Agreement with Scott Nichols to employ him as a limited term criminal investigator to implement the current MOU with the Michigan Attorney General concerning untested rape kit cases.

Fiscal Impact
None - the full cost is covered through the MOU with the State of Michigan.
Agreement for Second Investigator

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