By Myrna Trauntvein
It is now official, Perry R. Davis will be the new prosecutor for Nephi.
At the Nephi City Council meeting on August 1, the council approved a proposal from Perry R. Davis, deputy Juab County Attorney, for prosecution services.
On Tuesday, the council voted to authorize the mayor, Mark Jones, to sign the agreement between the city and Davis.
“Tonight the official agreement between Mr. Davis and Nephi City is ready,” said Seth Atkinson, city administrator.
He said that the provisions were very similar to the contract the city had with Jared Eldridge, former Juab County Attorney, to provide prosecution for the city which was done in addition to Eldridge’s job as the county attorney.
“One item of note is the section on compensation,” said Atkinson. “The section states that the contracted amount be increased each year in proportion to the average salary increase for city employees.”
The agreement is also backdated to July to account for work done on behalf of the city for the Nephi Justice Court in that month.
The city needed to hire a licensed attorney with prosecution experience and Davis has that. He graduated from Brigham Young University in 2000 with a Doctor of Jurisprudence and has been a practicing prosecutor for 17 years.
Atkinson said that the agreement also has an automatic renewal unless specifically terminated in writing 60 days before the renewal date.
“This is similar to the contract the city has for indigent defense,” said Atkinson.
Davis, according to terms of the agreement, will review and screen all cases submitted by the Nephi City Police Department for possible criminal charges; maintain all records necessary for prosecution; be available to discuss cases with defendants and their attorneys; ensure that officers have access to the advice of an attorney during traffic stops or criminal investigations on an as needed basis.
He will also review nuisance of zoning violation investigations for possible prosecution or enforcement that require court action; will prosecute in court nuisance or zoning violations that require court appearance; and will be responsible for all operating expenses including materials, supplies and payroll expenses for employees.
He will also submit a billing invoice each month.
Council members Nathan Memmott, Larry Ostler and Kent Park voted in favor of authorizing the mayor to sign the agreement. Greg Rowley, council member, was excused from the meeting and Justin Seely, voted against the motion which was made by Memmott.
“I wanted to wait to see who will be appointed as county attorney to replace Jared Eldridge,” said Seely.
Attorneys Davis, Tate Bennett and Ryan Peters have all applied for the position, have been interviewed and are waiting for the decision of the county commission.
“We have had considerable discussion about this,” said Jones. “We need to appoint an attorney and we need to do it soon.”
He said that the city was getting behind on the cases needing to be addressed.R>