HomeMy WebLinkAboutMINUTES - 09011987 - 2.3 To- BOARD OF SUPERVISORS ^�,}
FROM: PHIL BATCHELOR Contra
County Administrator Cx)sta
DATE: August 21., 1987 C J*
SUBJECT: REPORT FROM COUNTY ADMINISTRATOR ON DEFUNDED STATE MANDATES
RESULTING FROM ADOPTION OF FY 1987/88 STATE BUDGET
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
Accept report from County Administrator on State mandates defunded and made optional by
Chapter 136, Statutes of 1987, relative to the State's fiscal year 1987/88 budget, and
Adopt the following recommendations:
1. Introduce ordinance repealing County Ordinance Code Section 28-4.004, establishing a
$10 per day payment for trial jurors, Waive Reading and Fix September 8, 1987
Adoption.
2. Direct County Administrator to work with the Superior Court to determine method of
continuing arbitration program beyond January 1, 1988.
FINANCIAL IMPACT:
Failure to repeal the current county ordinance setting a jury fee of $10 per day would
allow that fee to remain in effect instead of the $5 fee set by the State per AB 439. If
the County continues to pay $10 a day per juror instead of $5, it would cost the County an
additional $300,000 per year which would have to be added to the 1987/88 budgets of the
Superior and Municipal Courts. Delay in adopting the proposed Ordinance, will cost the
courts approximately $25,000 per month, beginning July 1, 1987.
Failure to continue the Superior Court arbitration program will result in increased trial
costs, delay in processing civil cases, and court congestion. A report on this issue will
be forwarded to your Board at a later date, pursuant to Recommendation #2 above. The
other mandates made optional, as described below, do not have a FY 1987/88 budget impact.
REASONS FOR RECOMMENDATIONS/BACKGROUND:
Chapter 136, Statutes of 1987 (AB 439) is a trailer bill to the State budget for fiscal
year 1987/88. Among other things, this bill defunds and makes optional a number of State
mandated programs subject to the SB 90 claim process. The defunded programs are as
follows:
1. Requires Superior Courts to maintain a list of interpreters. (AB 2400, Arnett, 1978)
2. Requires judicial arbitration in Superior Courts with 10 or more judges. (AB 1362,
Smith; 1978)
CONTINUED ON ATTACHMENT: L YES SIGNATURE: v �v
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O BOARD COMMITTEE
X APPROVE __. OTHER
SIGNATURE►S1: _
ACTION OF' BOARD ON SP,pf"Ptllh P_Y 1 , _1..987 A!IPROVED AS RECOMMENDED X OTHER X
The Board approved the recommendations set forth above and in addition,
adopted ordinance No. 87-75 (A) as an urgency measure.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: _ NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc:CAO-Justice System Programs ATTESTED September 1, 1987
Presiding Judge, Superior Court PHIL BATCHELOR, CLERK OF THE BOARD OF tf
Superior Court Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Municipal Court Administrators
District Attorney C
M38��7 nt Probation Officer BY_43n_ DEPUTY
\ 3
Report From County Administrator on 2 August 21, 1987
Defunded State Mandates Resulting from
Adoption of FY 1987/88 State Budget
3. Requires probation officers to forward juvenile felony arrests to District Attorney.
(SB 105, Ayala, 1982)
4. Requires probation reports to include victim statement. (SB 369, Deukmejian, 1978)
5. Requires a minimum juror compensation of $5 to $10 per day. (AB 3951, Harris, 1984)
6. Limits juror days to 10 per year. (AB 3273, Gage, 1978)
The major program of fiscal concern to our County is the removal of the State mandate to
pay jurors at least $10 per day for jury service at this time. Currently, the County pays
$10 to each juror per day per County Ordinance 28-4.004 and the State, prior to this bill,
reimbursed the County for half of the fee via a SB 90 claim process. Assembly Bill 439
eliminates this reimbursement to the County. The bill amends Section 196 of the Code of
Civil Procedure and Section 1143 of the Penal Code by setting a minimum daily juror fee of
$5 in both civil and criminal cases. This $5 fee will prevail unless a higher fee of $10
is provided by City or County ordinance. Contra Costa County has such an ordinance in
effect. The proposed County Ordinance (recommendation 1 above), prepared by County
Counsel repeals County Ordinance 28-4.004 establishing the $10 juror fee, thus allowing
the State requirement of a $5 daily juror fee to prevail as the County standard. Neither
the Superior nor Municipal Courts anticipate any problem with jury selection because of
this fee reduction.
The Superior Court arbitration program was extended by separate legislation until
December 31, 1987. As indicated above, it is important to continue this program if we are
to avoid substantial delay in processing civil cases and congested court calendaring in
Superior Court. To continue the program beyond its current termination date will require
approximately $60,000 to be added to the Superior Court budget. This Office is not
recommending this action at this time but, rather, is recommending that we pursue with the
Superior Court what options might be available to continue the program without additional
County funds. The results of these discussions will be the subject of a separate report
later to your Board.
The other four programs listed above currently are integrated into the ongoing operations
and budgets of the agencies involved and their removal from the SB 90 claim process will
have no impact on the agencies or on the adopted County FY 1987/88 budget.
ORDINANCE NO. 87-75 A
(Trial Juror ' s Compensation; Urgency)
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the official text of
the enacted or amended provisions of the County Ordinance Code) :
SECTION I : SUMMARY. This ordinance repeals Ordinance Code
section 28-4 . 004 which establishes a $10. 00 per day payment for
trial jurors .
SECTION II : Section 28-4 . 004 , Chapter 28-4 , of the County
Ordinance Code is repealed.
(Ord. 84-63 § 2 : Code of Civ. Proc. § 196 and Pen. Code § 1143) .
SECTION III : URGENCY. This ordinance is for the immediate
preservation of the public peace, health and safety within the
meaning of Government Code § 25123 . Passage as an urgency measure
will enable the County to fund urgently needed social programs .
SECTION IV: SEVERABILITY. This Board declares that, if the
urgency nature of this ordinance is invalidated, it intends
SECTION I and II to remain valid and effective and that it would
have passed SECTIONS I and II even without the urgency provisions .
Therefore, the Board directs that this ordinance be treated and
published, effective and operative, as both an urgency and a non-
urgency ordinance as provided in SECTION V.
SECTION V. EFFECTIVE and OPERATIVE DATES . As an urgency
ordinance, this ordinance becomes effective and operative
immediately on introduction and passage. As a non-urgency
ordinance , it becomes effective 30 days after passage (on second
reading) , and within 15 days of passage shall be published once
with the names of supervisors voting for and against it in the
CONTRA COSTA TIMES , a newspaper published in this County.
PASSED ON September 1, 1987 , by the following vote:
AYES: Supervisors Powers , Fanden, Torlakson and McPeak
NOES: None
ABSENT: Supervisor Schroder
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of the
Board and County Administrator
By: Z �i� `
De uty Board Chair
[SEAL]
ORDINANCE NO. 87- 75 A
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