HomeMy WebLinkAboutMINUTES - 06282011 - C.97RECOMMENDATION(S):
AMEND the regulations for use of the District Attorney's Consumer Protection Special
Revenue Fund to allow the District Attorney's office discretion to use these funds within
court-designated parameters to pay for any consumer fraud prosecution costs, including
prosecutor salary and benefit costs.
FISCAL IMPACT:
The additional flexibility in the use of the Consumer Protection Special Revenues will help
to maintain and, possibly, enhance consumer fraud prosecution efforts.
BACKGROUND:
The Consumer Protection Unit of the Contra Costa County District Attorney's office
prosecutes consumer fraud cases. When individual restitution in a particular case cannot be
determined or is not feasible, the court may direct restitution funds to the District Attorney's
Consumer Protection Special Revenue Fund under the cy pres doctrine.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/28/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Cherie Mathisen,
957-2234
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: June 28, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 97
To:Board of Supervisors
From:Mark Peterson, District Attorney
Date:June 28, 2011
Contra
Costa
County
Subject:Regulations for Use of Consumer Protection Special Revenue
The
BACKGROUND: (CONT'D)
cy pres doctrine originated in the common law as a method of fairly distributing a trust
fund, the original purpose of which failed in some respect. The term cy pres in this
context means “as near as possible.” Under the cy pres doctrine, once a trust fund’s
original purpose fails, the fund is to be distributed to the “next best” use. This remedy
now extends to other areas, including the situation where funds remain after distribution
in a class action. The cy pres approach in the class action situation puts the unclaimed
portion of the fund to its “next best” compensation use, usually by giving it to a third
party or agency to use for court-designated purposes. It should be emphasized that courts
have claimed broad discretion in determining how to satisfy the “next best” use criteria.
When the County established the Consumer Protection Special Revenue Fund in 1993,
the criteria for use of the funds were based on a specific cy pres award, which was highly
restrictive. Due to current economic and budgetary pressures, the District Attorney
requests the authority to utilize these special revenues more broadly to pay for Consumer
Protection prosecution costs, including salary and benefit costs, if permitted by the court
order. The 1993 Board of Supervisors authorization permits use of these revenues for
only ancillary or outside costs.
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
1993 Board Order Creating Consumer Protection Spec Rev Fund
Background
Background