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HomeMy WebLinkAboutMINUTES - 02261991 - 2.1 TO: BOARD OE' SUPERVISORS FROM: PHIL BATCHELOR County Administrator DATE: February 26, 1991 SUBJECT: TRIAL COURT FUNDING AGREEMENT Specific Request(s) or Recommendations(s) & Background & Justification RECOMMENDATION: Accept report from the County Administrator on the negotiation of a Trial Court Funding agreement with the Superior and Municipal Court benches; Approve the agreement negotiated between the county and the Superior and Municipal Court benches to opt into the trial court funding program; Approve the required resolutions for submission to the State executing elections pursuant to Government Code Section 77301 to opt into the program for two time periods: July 1, 1991 - June 30, 1992, July 1, 1992 - June 30, 1993; Authorize the Chairman of the Board of Supervisors to sign the two required resolutions and the agreement with the Superior and Municipal Court benches. FINANCIAL IMPACT: Participation in the trial court funding program from July 1, 1991 through June 30, 1992 will provide the County an estimated $9 million in revenue, and an additional $9 million in 1992-93. The agreement between the County and the Superior and Municipal Court benches dedicates 30% ($5.3 million) to operation of the new West County Detention Facility over the twenty-four month period. The balance of the funds are earmarked by the agreement for specific court and justice system improvements, which are basically a continuation of the current agreement. Under the agreement court revenue increases will also accrue to the County General Fund for the twenty-four month period. REASONS FOR RECOMMENDATION/BACKGROUND: The recommended agreement between the County and the Superior and Municipal Court benches is fundamentally a continuation of the existing Trial Court Funding Agreement. The result is a plan which benefits the courts, the justice system, and the County as a whole. A portion. of the Trial Court Funding revenue will be dedicated to operation of the new jail. Overall, the joint effort of the County and the Courts lays the foundation for future cooperation and effective working relationships. CONSEQUENCES OF NEGATIVE ACTION: Failure to adopt this resolution will affect the County's ability to operate the new west county jail and may also result in major layoffs throughout the entire court system. CONTINUED ON ATTACHMENT: YES Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s): Action of Board on: FEE 2 6 199_ Approved as Recommended Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X Unanimous (Absent AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Attested: FEB 2 6 1991 cc: CAO-Justice System Programs Phil Batchelor, Clerk of Presiding Judge, Superior Court the Board of Supervisors President, Municipal Court Judges Association and County Administrator District Attorney, Public Defender /� �p��' County Probation Officer By: /� DEPUTY Sheriff-Coroner, Auditor-Controller County Counsel, County Clerk Superior Court Administrator Municipal Court Administrator RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA IN THE MATTER OF ELECTING TO BECOME . ) SUBaCT TO THE PROVISIONS OF THE TRIAL) RESOLUTION NO. 91/120 COURT PROGRAM FOR THE PERIOD ) JULY 1, 1991 THROUGH JUNE 30, 1992 ) WHEREAS, the passage of SB 612, Chapter 945 Statutes of which repealed and added Chapter 13 commencing with Section 770001 Title 8 of the Government Code, known as the Brown-Presley Trial C1 Funding Act of 1988, and with the passage of AB 1197, Chapter Statutes of 1988, allows an option county to receive from the s quarterly block grants based on sums specified pursuant to Govern---. Code Section 77200; and WHEREAS, the Trial Court Funding Program establishes a program of state funding of trial courts as specified in Government Code Section 77300 provided that sufficient moneys have been appropriated in the Budget Act for the fiscal year to adequately fund the program; and WHEREAS, the decision by the County of Contra Costa to opt into the system pursuant . to Government Code Section 77300 shall result in the option county agreeing to perform all duties and provide services required by the Brown-Presley Trial Court Funding Act of 1988 and all other provisions of law; and NOW, THEREFORE BE IT RESOLVED, the Chair of the Board of Supervisors, the Presiding Judge of the Superior Court, and the Presiding Judge of the Mt. Diablo Municipal Court District of the County of Contra Costa hereby elects, pursuant to Government Code Section 77301 to opt into the Trial Court Funding Program for the period beginning July 1, 1991, of the 1991-92 fiscal year and agrees to be bound by the provisions of this Program in consideration for state funding of trial courts; and certifies that a majority of each of the board of supervisors, the judges of the superior court, and the judges of the municipal courts in the county requests state funding. The Clerk of the Board is directed to notify the Secretary of State and the State Controller forthwith of this election. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED this oZ6 day of 1991 by unanimous vote o the Supervisors present. C 'I R, BOARD OF SUPERVISORS PRESI ING JUDGE OF THE SUPERIOR COU PRESIDING JUDGE OF THE MUNICIPAL COURT MT. DIABLO JUDICIAL DISTRICT Attested: Phil Batchelor, Clerk of the Board of Supervisors and I hereby certify that this is a true and correct copy of County Administrator an action taken and entered on the minutes of the Board'of Supervisofa,o�th Ite r. ' ATTESTED: II''CC PHIL BATCHELOR,Clerk of the Board By, �� of Supervisors and County Administrator Deputy Clerk Deputy RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA IN THE MATTER OF ELECTING TO BECOME SUBJECT TO THE PROVISIONS OF THE TRIAL) RESOLUTION NO. 91/12 COURT PROGRAM FOR THE PERIOD ) JULY 1, 1992 THROUGH JUNE 30, 1993 ) WHEREAS, the passage of SB 612, Chapter 945 Statutes of 19 which repealed and added Chapter 13 commencing with Section 77000 Title 8 of the Government Code, known as the Brown-Presley Trial Cour, Funding Act of 1988, and with the passage of AB 1197, Chapter 9; Statutes of 1988, allows an option county to receive from the staj quarterly block grants based on sums specified pursuant to GovernmeiI Code Section 77200; and WHEREAS, the Trial Court Funding Program establishes a program of state funding of trial courts as specified in Government Code Section 77300 provided that sufficient moneys have been appropriated in the Budget Act for the fiscal year to adequately fund the program; and WHEREAS, the decision by the County of Contra Costa to opt into the system pursuant to Government Code Section 77300 shall result in the option county agreeing to perform all duties and provide services required by the Brown-Presley Trial Court Funding Act of 1988 and all other provisions of law; and NOW, THEREFORE BE IT RESOLVED, the Chair of the Board of Supervisors, the Presiding Judge of the Superior Court, and the Presiding Judge of the Mt. Diablo Municipal Court District of the County of Contra Costa hereby elects, pursuant to Government Code Section 77301 to opt into the Trial Court Funding Program for the period beginning July 1, 1992, of the 1992-93 fiscal year and agrees to be bound by the provisions of this Program in consideration for state funding of trial courts; and certifies that a majority of each of the board of supervisors, the judges of the superior court, and the judges of the municipal courts in the county requests state funding. The Clerk of the Board is directed to notify the Secretary of State and the State Controller forthwith of this election. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED this fib ` day of 1991 by unanimous vote of the Supervisors present . GniAli 11 C IR, BOARD OF SUPERVISORS P SIDING JUDGE OF THE SUPERI COURT A-1 PRESIDING JUDGE OF THE MUNICIPAL COURT MT. DIABLO JUDICIAL DISTRICT 1 Attested: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator I hereby 'y .n .7.a is a true and correct copy of tak an action taken and anlored on the minutes of the Board of supervisors on the date shown. o ¢ ATTESTED: - FEB 2 5 1991 ByPHIL BATCHELOR.Clerk of the Board Deputy Clerk of upervisors and County Administrator P17-ZI Deputy u -y• STATE TRIAL COURT FUNDING AGREEMENT s CONTRA COSTA COUNTY BOARD OF SUPERVISORS CONTRA COSTA COUNTY SUPERIOR COURT CONTRA COSTA COUNTY MUNICIPAL COURTS I INTRODUCTION Senate Bill 612 (Chapter 945/88) and Assembly Bill 1197 -- (Chapter 944/88) provide for the receipt of state funding for trial courts in those counties which opt into the program as defined by those statutes. It is the intent of the Board of Supervisors and the Judges of the Superior and Municipal Courts, through this agreement, to improve the overall administration of justice in Contra Costa County by pursuing the following goals: To enhance the level of service provided to the general public. . ° To develop systems and facilities which provide to all participants in the justice system an efficient and effective forum. ° To promptly adjudicate court cases through the re- duction in trial court delay. ° To develop a system-wide approach to coordinate the efforts of all the justice agencies. ° To respond to the immediate and long range judicial needs and facility needs of the Superior and Municipal Courts. AGREEMENTS I. The County and the Courts agree to opt into the State Trial Court Funding Program for the period of July 1, 1991 through June 30, 1992 and for the period of July 1, 1992 through June 30, 1993 . The Chairman of the Board of Supervisors and the Presiding Judges of the Superior Court and Mt. Diablo Municipal Court agree to execute elections pursuant to Government Code Section 77301 to opt into the program for these two periods. II. A. The County agrees to fund a 1991-92 budget for the Superior and Municipal Courts and County Clerk which shall be a maintenance level budget based on the 1990-91 adopted budget as adjusted for state or county authorized COLA's, whichever is greater. B. The County agrees to fund a 1992-93 budget for the Superior and Municipal Courts and County Clerk which shall be a maintenance level budget based on the 1991-92 adopted budget as adjusted for state or county authorized COLA's, whichever is greater. B. Any grant monies received from other sources for above projects are to be deposited in County General Fund. s VI. The County and the Courts agree that in order to effec- tively implement this 24 month plan the following policy statements are hereby incorporated in this agreement: A. County and Courts are to work together to review staffing and operational deficiencies in clerical, administrative and judicial areas on a regular basis. B. County and Courts are to work cooperatively to address overall building improvement and main- tenance needs for the present and' the future, including long range planning for Court and other justice facilities. C. All additional discretionary County share of funds are to be dedicated to the staffing and operations of the new West County Detention Facility. Use of these funds for any other purpose shall be mutually agreed upon by the County and Courts. D. Court security needs and improvements will be evaluated by the County, Sheriff and Judges, and recommendations implemented subject to availabil- ity of funds. E. The role of the Justice System Executive Council will continue to include review and recommenda- tion authority concerning use of Justice and Court Construction Funds. -,F. Courts will pursue grant applications when appro- priate (e.g. Trial Court Improvement Fund) to offset costs to the County. G. The agreements do not exclude the rights of the Courts to seek budget adjustments as otherwise practiced in Contra Costa County. H. Courts agree to support County efforts to increase block grant amounts to remedy deficiencies in Trial Court Funding and additional mandates. I. County agrees to sponsor and support legislation annually until such time as three (3) additional judgeships are authorized for the Superior Court. J. County agrees to sponsor and support legislation annually until such time as one (1) additional judgeship is authorized for Delta Municipal Court. County agrees to consider supporting an additional judgeship if the Municipal Courts submit a request with appropriate justification. K. In the event additional judgeships are created for the Superior or Municipal Courts on or after January 1, 1991, the budget allocation of the respective Court :shall be augmented by an amount equivalent to the block grant funds received for each new judicial position. -3- ATTACE24E NT A MUNICIPAL AND SUPERIOR COURT s CONSTRUCTION FUND ALLOCATION 1991-92 1992-93 MUNICIPAL COURT 1. $250, 000 annually to provide $250,000 $250, 000 research and development funds for phased in development and implementation of identified pro- jects and pay for lease/purchase of new hardware. (Reference Letter of Agreement dated 11/21/90 for Municipal Court Automated Systems) 2 . Rehabilitation of Court 65, 000 65, 000 facilities 3 . Legal Research Aids (Lexis) 25,000 25 , 000 Municipal Court Subtotal $340, 000 $340, 000 SUPERIOR COURT 1. Superior Court Automation 100, 000 100, 000 fund, $100, 000 annually 2 . Rehabilitation of Court 250 , 000 250, 000 facilities/completion of Bray Building Superior Court Subtotal $350, 000 $350, 000 TOTAL $690.000 $690,000 * The funds for these projects are to come from the Courthouse and Justice Facilities Construction Funds with input from the Justice Systems Executive Council consistent with Section VI.E. of the agreement. But this is not intended to limit the Courts ' seeking additional funds for construction from other sources, including the County.