Newport Retreats On Court Costs

Newport Mayor Kevin Murphy agreed Monday to back off temporarily on a plan he implemented last week to force Pend Oreille County to pay a large portion of the city’s law-enforcement costs.

After fencing with county commissioners for more than an hour, Murphy accepted Commission Chairman Karl McKenzie’s offer to form a committee to discuss the city’s request for a contract to transfer almost all of the city’s law enforcement to the county.

Murphy agreed to keep paying all the costs “as long as, by March or the middle of March, we can have something down on paper to know where we are going with it.”

The mayor angered county officials last week when, with one hour’s notice, he announced city police officers would start making almost all of their misdemeanor arrests and traffic citations under state statutes instead of city ordinances. The action arguably required the county instead of the city to pay all prosecution, public defense, jail and court costs.

One state law says counties are responsible for cases brought under state statute, but another says cities must reimburse counties under certain circumstances. County Prosecutor Tom Metzger said he isn’t sure who has the upper hand, but he believes an existing contract between the city and the county prohibits Murphy’s action at least temporarily.

The contract says the city will pay “prisoner costs” for any adult arrested for a crime “alleged to have occurred within the city limits.” The agreement also calls for the city to provide prosecution and public defense for “actions filed in District Court in the name of the city.”

City Attorney Mark Hanley said the city was not breaking the contract, which requires 90 days’ notice, because it would file cases “in the name of the state.”

“What would the city say if the county puts on officers to cite under the city ordinances?” McKenzie asked.

“Is that legal?” Murphy asked.

Yes, Metzger assured him.

Murphy said his action last week was prompted by a letter in which Sheriff Doug Malby called for more study of “hidden costs” in the city’s proposal to have the sheriff provide “prosecution” as well as police protection in the city for $142,000 a year.

The mayor said he felt negotiations with Malby had broken down, and he decided to shift the costs on his own so county officials could study them first-hand.

“Are you saying the city of Newport can’t afford to pay for its police protection?” McKenzie asked.

“It’s a real burden on the city,” Murphy responded.

“Do you think it’s not a burden on the county?” McKenzie retorted.

Murphy contended the county’s cost for some services, such as jailing defendants, is less than what it charges the city. But county officials said they provide juvenile probation services free and charge Newport only $15,000 for radio dispatching service that would cost around $40,000 if the city paid its full share.

County Commissioner Joel Jacobsen said the city is “salting the wound” by asking the county to provide almost all the city’s law enforcement for $142,000 a year even though Hanley conceded the city’s cost is $330,000 to $350,000 a year. “Let’s get closer.”

Murphy agreed successful negotiations will require a figure “somewhere in between.”