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HomeMy WebLinkAboutMINUTES - 02231993 - 2.4 Matter Record to 2. 4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Date: February 23, 1993 MATTER OF RECORD ------------------------------------------------------------------ ----------------------------------------------------------------- In its consideration of Agenda Item 2. 4 on the Trial Court Funding Agreement, the Board agreed to defer decision on this matter until later this day to allow time for additional review. Later in the day the Board again considered the Trial Court Funding Agreement. Supervisor McPeak advised that her questions had been answered. She noted that the Board has the right to make necessary budget adjustments on benefit and compensation arrangements for judges and employees within the departments should the County' s budget situation worsen. George Roemer of the County Administrator' s office agreed that the Board can make adjustments to those benefits under the discretion of the Board. The Board then proceeded to approve the recommendations of the County Administrator on the Trial Court Funding Program and the adoption of Resolutions Nos. 93/69 and 93/70. TO: BOARD OF SUPERVISORS ss�� FROM: PHIL BATCHELOR County Administrator DATE: February 23, 1993 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, 1993 - June 30, 1994 , July 1, 1994 - June 30, 1995; 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, 1993 through June 30, 1994 will provide the County an estimated $14 million (including judicial salaries) in revenue, and an additional $14 million in 1994-95 . The Governor' s Proposed Budget proposes a cut of $1 . 3 million to Contra Costa County, however, the agreement provides for reductions in court operations equal to any cut to the funds . 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. 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 result in the loss of approximately $28 million in State trial court funding revenue and ?11_,;01 ld require major reductions in court and related operations . CONTINUED ON ATTACHMENT: YES Signature: Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s) : 193 Action of Board on:February 23 , Approved as Recommended X Other Vote of Supervisors : . I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN _ X Unanimous (Absent I ) AND ENTERED ON THE MINUTES OF THE Ayes : Noes : BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Attested: February 23, 1993 cc: CAO-Justice System Programs Phil . Batchelor, Clerk of Presiding Judge, Superior Court Ehe Board of Supervisors Pres . , Municipal Court Judges Association and County Administrator District Attorney, Public Defender County Probation Officer By: �. -%?�a�r .��/ , DEPUTY Sheriff-Coroner, Auditor-Controller County Counsel, County Clerk Superior Court Administrator Municipal Court Administrator Contact: George Roemer 646-4855 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. 93/69 COURT PROGRAM FOR THE PERIOD ) JULY 1 , 1993 THROUGH JUNE 30, 1994 ) WHEREAS, the passage of SB 612 , Chapter 945 Statutes of 1988 which repealed and added Chapter 13 commencing with Section 77000 to Title 8 of the Government Code, known as the Brown-Presley Trial Court Funding Act of 1988, and with the passage of AB 1197 , Chapter 944 Statutes of 1988, allows an option county to receive from the state quarterly block grants based on sums specified pursuant to Government 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 bey"inning July 1, 1993, of the 1993-94 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 23rd day of February 1993 by unanimous vote of Supervisors present. CHAIR, BOARD OF SUPERVISORS Pk_ESIDPG JUDGE OF THE SU PRgIOR COURT c� L�i PRESI16ING JUDGE OF THE MUNICIPAL COURT MT. DIABLO JUDICIAL DISTRICT 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: February 23, 1993 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By:�(•Gt �y�r�� , 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. 93/70 COURT PROGRAM FOR THE PERIOD ) JULY 1, 1994 THROUGH JUNE 30, 1995 ) WHEREAS, the passage of SB 612, Chapter 945 Statutes of 1988 which repealed and added Chapter 13 commencing with Section 77000 to Title 8 of the Government Code, known as the Brown-Presley Trial Court Funding Act of 1988, and with the passage of AB 1197 , Chapter 944 Statutes of 1988, allows an option county to receive from the state quarterly block grants based on sums specified pursuant to Government 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, 1994 , of the 1994-95 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 23rd day of February-, 1993 by unanimous vote of the Supervisors present. CHAIR, BOARD OF SUPERVISORS PRES;,PrNG JUDGE OF THE4MPERIOR COURT PRES ING JUDGE OF THE MUNICIPAL COURT MT. DIABLO JUDICIAL DISTRICT 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: February 23, 1993 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: `�?� ;, Deputy i STATE TRIAL COURT FUNDING AGREEMENT CONTRA COSTA COUNTY BOARD OF SUPERVISORS CONTRA COSTA COUNTY SUPERIOR COURT CONTRA COSTA COUNTY MUNICIPAL COURTS 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 reduction 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 , 1993 through June 30, 1994 and for the period of July 1, 1994 through June 30, 1995 . 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. As required by G.C. Section 77200 (b) and G.C. 77204 , the County agrees to fund a 1993-94 budget for the Superior and Municipal Courts and County Clerk which shall be a maintenance level budget based on the 1992- 93 adopted budget as adjusted for state or county authorized COLA' s, whichever is greater. B. As required by G.C. Section 77200 (b) and G.C. 77204 , the County agrees to fund a 1994-95 budget for the Superior and Municipal Courts and County Clerk which shall be a maintenance level budget based on the 1993- 94 adopted budget as adjusted for state or county authorized COLA's, whichever is greater. -1- III . A. The County agrees to continue funding at a maintenance level all programs established in other justice agency budgets by the previous Trial Court Funding Agreement entered into between the County and Courts which is hereby incorporated by reference. If these programs are reduced or discontinued for any reason without the consent of the Courts, the funds shall revert to the Courts . The County will consult with the Courts on any proposed budget reduction to justice agencies which may impact court operations . B. The County recognizes that budgets as determined by this Agreement represent a General Fund obligation and a base funding level that cannot be reduced without consultation and negotiations with the Courts, in the event of the elimination or reduction of the Trial Court Funding Block Grant. Such consultation and negotiation is to include review of alternatives and inter-agency impacts . As used in this section, negotiation is defined as a good faith effort between the County and the Courts to reach agreement; however, there is no obligation for the parties to reach a final agreement before the base funding level is reduced by the County. IV. A. The County agrees to fund for the Superior and Municipal Courts certain projects encompassing the development and implementation of automated systems and the construction and rehabilitation of Court facilities up to the following amounts for the fiscal years indicated: 1993-94 1994-95 Superior Court 350,000 350, 000 Municipal Court 340,000 340, 000 B. It is agreed that those monies are to be used to fund the programs listed in Attachment A, subject to the availability of monies within the Courthouse and Justice Facilities Construction Funds with input from the Justice Systems Executive Council consistent with Section VI .D. of the agreement. But this is not intended to limit the Courts ' seeking additional funds for construction from other sources, including the County. The County and the Courts agree to perform all acts necessary to implement those programs . Unexpended monies will be carried over to the next fiscal year for appropriate expenditure. C . The County and the Courts agree that State Trial Court Funding (TCF) is not sufficient to fund all law and Justice System requirements and that the County continues to bear the major portion of the costs of the Law and Justice System. V. The County and the Courts agree to the following special provisions in order to facilitate this 24 month agreement. A. Civil automation system development and implementation for the Superior and Municipal Courts are to be funded from their respective Micrographics - Automated Record Keeping System Funds (MARS) . -2- B. Any grant monies received from other sources for above projects are to be deposited in County General Fund. VI . The County and the Courts agree that in order to effectively 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 maintenance needs for the present and the future, including long range planning for Court and other justice facilities . C. Court security needs and improvements will be evaluated by the County, Sheriff, Judges, and Court Services Advisory Committee, and recommendations implemented subject to availability of funds . D. The role of the Justice System Executive Council will continue to include review and recommendation authority concerning use of Justice and Court Construction Funds . E. Courts will pursue grant applications when appropriate (e.g. Trial Court Improvement Fund) to offset costs to the County. F. The agreements do not exclude the rights of the Courts to seek budget adjustments as otherwise practiced in Contra Costa County. G. Courts agree to support County efforts to increase State funding of the trial courts . H. County agrees to sponsor and support legislation annually until such time as three (3) additional judgeships are authorized for the Superior Court. I . 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. J. In the event additional judgeships are created for the Superior or Municipal Courts on or after January 1, 1993, the budget allocation of the respective Court shall be augmented by an amount equivalent to any State trial court funds received for each new judicial position. VII . The County' s self-insurance program will provide liability coverage for all judicial positions for all civil claims or actions arising from acts performed within the course and scope of their judicial or administrative duties, except that the County will not cover costs of representation in disciplinary proceedings and is under no obligation to pay punitive damage awards . -3- VIII . It is understood and agreed by the parties that the terms of this agreement represent the intent of the parties as to the allocation and utilization of funds made available pursuant to the provisions of the statutes for State Trial Court Funding but that the legal commitment of such funds by the Board of Supervisors can be effected only through statutory provisions governing the adoption and amendment of County budgets . This agreement is not intended to and shall not be construed to unlawfully abridge the administrative or legislative authority of the Board ; of Supervisors as provided in the Constitution or statues of the State of California. IX. The County and the Court agree that this agreement may be amended upon agreement by all parties . jkv CHAIR, BOARD OF SUPERVISORS DATED PRESID G JUDGE OF THE PERIOR COURT EfATED z z - y3 PRESID NG JUDGE OF THE MU ICIPAL COURT DATED MT. DIABLO JUDICIAL DISTRICT -4- ATTACHMENT A MUNICIPAL AND SUPERIOR COURT CONSTRUCTION FUND ALLOCATION 1993-94 1994-95 MUNICIPAL COURT 1 . $250,000 annually to provide $250, 000 $250, 000 research and development funds for phased in development and implemen- tation of identified projects and pay for 7.aase/purchase of new hardware. (Reference Letter of Agreement dated 11/21/90 for Municipal Court Automated Systems) 2 . Rehabilitation and/or 65, 000 65, 000 construction of court 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 and/or 250, 000 250, 000 construction of court facilities Superior Court Subtotal $350, 000 $350, 000 TOTAL $690,000 $690,000 County AdministratorContra Board of Supervisors Tom Powers County Administration Building Costa 1st District s 651 Pine Street,lith Floor J Jeff Smith Martinez,California 94553-1229Co County, 2nd District (510)646-4080 t Y Gayle Bishop FAX:(510)646-4098 Y p 3rd District Phil Batchelor a�=-E•-_` .o, Sunne Wright McPeak County Administrator :r 4th District i Tom Torlakson 5th District 'r COW February 23, 1993 State Controller' s Office Division of Accounting P. 0. Box 942850 Sacramento, CA 94250-5875 Attn: Patricia Booth Dear Ms . Booth: Re: RESOLUTIONS OF CONTRA COSTA COUNTY OPTING INTO THE TRIAL COURT FUNDING PROGRAM #93/69 #93/70 Enclosed are two (2 ) Resolutions related to Contra Costa County opting into the Trial Court Funding Program for the periods July 1, 1993 - June 30, 1994, and July 1, 1994 - June 30, 1995. As required by the legislation, these Resolutions have been approved and signed on behalf of the County Board of Supervisors and the Superior and Municipal Courts of this County. Sice�ely yours., r GEORGE— EIDER, DirecVor~ Justice System Programs GR: ld cc : Clerk of the Board Enclosures (2 )