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HomeMy WebLinkAboutMINUTES - 12112001 - SD.10 T01,_ BOARD OF SUPERVISORS •_• -- L Contl'"a FROM: John Sweeten, County Administrator -�- Costa DATE: December 11, 2001 SrA-�o�K County SUBJECT: Zero Tolerance for Domestic Violence Initiative Oversight and Coordination SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. ADOPT, after public hearing, -Resolution No. 2001/559, which authorizes and makes findings and declarations concerning an increase of $1.50 per copy in fees for certified copies of marriage certificates, birth certificates, death/fetal death records, effective January 1, 2002 through December 31, 2006, for the purpose of providing funding for the County government's oversight and coordination of domestic violence prevention, intervention, and prosecution efforts in the County, pursuant to Senate Bill (SB) 425 (Zero Tolerance for Domestic Violence Act). 2. DIRECT the Human Resources Department to work with the County Administrator's Office to identify or develop an appropriate classification and title for the function of "Zero Tolerance" County government oversight and coordination of domestic violence prevention, intervention, and prosecution efforts in the County. 3. DIRECT the County Administrator to ensure that reporting procedures are established and implemented to meet the requirement in SB 425 that the Board of Supervisors report to the Assembly and Senate Judiciary Committees by July 1, 2006, regarding the receipt of the fees, the expenditure of the funds, and the achievement of outcomes. 4. AUTHORIZE the Chair of the Board of Supervisors to send a letter of appreciation from the Board to Senator Tom Torlakson for his sponsorship of SB 425. FISCAL IMPACT: There is no new net County cost. The fees authorized shall not exceed the cost of governmental oversight and coordination of the County's domestic and family violence and elder abuse prevention services. Purchasers of certified copies of birth, death and marriage records will incur increased costs of $1.50 per copy. Fees currently range from $9.00 to $16.00, depending on the type of certified copy requested. CONTINUED ON ATTACHMENT: _X—YES SIGNATURE: — -------------------- ---------- ----- --------- ✓�RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD MMITTEE ..-'APPROVE OTHER r' SIGNATURE(S): --------------- ----77--------------------------------------------------------------------------------------ACTION OF BOARD ON 1 C�-VRRPROVE AS RECOMMENDED OTHER List of spe ers: 1 .John Wolfe, Executive Vice President,CC Taxpayers Assn.600 Las Juntas Street, Martinez 2.Gloria Sandoval, Stand against D.V. 1410 Danzig Plaza, Concord VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED�_e� CONTACT: Sara Hoffman,CAO JOHN SWEETEN,CLEAK OF THE BOARD OF Christina Linville,CAO SUPERVISORS AND COUNTY ADMINISTRATOR CC: Clerk-Recorder Health Services/Vital Statistics Auditor-Controller r BY V PUTY BACKGROUND: In February, 2000, the Board of Supervisors declared a policy of "zero tolerance for domestic violence" in the County and directed the County Administrator to convene a meeting of the leaders of County Departments and organizations responsible for domestic and family violence and elder abuse prevention, intervention, prosecution of batterers and remediation. Based on the initial recommendations of this group, as well as research and analysis of the overlaps and gaps in the County's domestic violence response system, the Board subsequently authorized the "Zero Tolerance for Domestic Violence" initiative in fiscal year 2000-01. The "Zero Tolerance" initiative allocated funding across Departments and community organizations to improve the domestic and family violence and elder abuse response system. This initiative is considered unique not only because of its comprehensive nature but because of its focus on misdemeanor-level offenders, victims and families. The Board required County Departments to establish and track "return on investment" performance measures. Departments utilized these funds to: Establish a misdemeanor domestic violence court, improve coordination of misdemeanor prosecutions and handle the increased caseload of domestic violence defendants; ➢ Establish an elder abuse prosecution unit and utilize case preparation assistants to increase the number and quality of cases adjudicated; ➢ Increase investigations of misdemeanor cases; ➢ Automate the filing of domestic violence orders in the statewide system and extend the pilot restraining order clinic; ➢ Expand capacity to intensively supervise violent felony offenders and increase supervision of misdemeanor offenders; Y Train physicians, other health service providers and other County staff to identify and address domestic and family violence; Expand outreach to victims and children to help them access state-funded counseling and remediation services; ➢ Convene a meeting of local service provider and community experts to study and make recommendations for system improvements; Y Install domestic violence liaisons in each Employment and Human Services office serving CalWORKs and Child Protection clients and workers; Enhance the domestic violence reporting and tracking capabilities of automated systems. As part of its 2000-01 legislative platform, the Board of Supervisors sought state approval to protect this investment of County funds in the domestic/family violence system by establishing a funding stream for governmental oversight and coordination of Zero Tolerance activities. SB 425, the "Zero Tolerance for Domestic Violence" Act, was carried by Senator Torlakson, approved by the Legislature and signed by the Governor on July 20, 2001. SB 425 conveys authority to the Contra Costa County Board of Supervisors to increase fees for copies of birth, marriage and death/fetal death records by up to $2.00 per certified copy to provide governmental oversight and coordination of the County's Zero Tolerance initiative. The County plans to use these funds for. a Zero Tolerance Coordinator and related clerical and administrative support for the County's domestic. ._,.. and family violence and elder abuse prevention efforts. -SIL/6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 11, 2001, by the following vote: AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE Resolution No. 2001/559 Subject: Zero Tolerance for Domestic Violence Initiative Governmental Oversight and Coordination WHEREAS, in February 2000, the Board of Supervisors declared "zero tolerance for domestic violence" in Contra Costa County; and WHEREAS, in July 2000, Governor Gray Davis approved Senate Bill (SB) 425, the Contra Costa County "Zero Tolerance for Domestic Violence" Act, authorizing the Board of Supervisors to increase fees, up to a maximum increase of$2.00, for certified copies of birth certificates, marriage certificates and death/fetal death records, effective January 1, 2002, for the purpose of providing funding for the County government's oversight and coordination of domestic violence prevention, intervention, and prosecution efforts in Contra Costa County; and WHEREAS the Board of Supervisors is required under SB 425 to make findings and declarations for the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors makes the following FINDINGS and DECLARATIONS under SB 425 (Government Code section 26840.9 and Health and Safety Code section 103626): 1. Domestic violence is a growing crime. In Contra Costa County, domestic violence-related felony filings increased 62 percent between 1998 and 1999. 2. Domestic violence is ubiquitous. It cuts across economic and education levels, age groups, ethnic groups, and other social and community characteristics. 3. Domestic violence is insidious. It is characterized by a predictable, escalating cycle that can result in injury or death of victims, including children. 4. Domestic violence puts children at risk. Children in homes where domestic violence occurs are physically abused or seriously neglected at a rate significantly higher than the national average in the general population, according to the National Woman Abuse Prevention Project in Washington, D.C. 5. Domestic violence is learned and generational. Studies show that boys who witness family violence are more likely to batter their female partners as adults than boys raised in nonviolent homes. Girls who witness their mothers' abuse have higher rates of being battered as adults. 6. Domestic violence is progressive. A recent review of probation felony domestic violence offenders in Contra Costa County showed that 38 percent had domestic violence-related misdemeanor convictions. 7. Substance abuse is a significant factor contributing to, although not necessarily a cause of, domestic violence. In Contra Costa County, the review of probation felony domestic violence offenders showed that 90 percent had documented histories of substance abuse or were under 1 the influence of drugs or alcohol at the time the felony crime was committed. 8. Domestic violence is costly, both in human and organizational terms. The results of domestic violence have many"hidden" costs, such as job turnover, loss of productivity, school absenteeism, and low school performance, in addition to the high cost of law enforcement, civil and criminal justice, health services, mental health services, substance abuse treatment, human services, and community-based services. 9. Domestic violence must be eliminated and its cycle of violence and recidivism stopped. Family stability must be improved. Children and adult victims of domestic violence must be helped. 10. Contra Costa County has declared a "zero tolerance for domestic violence." 11. Domestic violence prevention, intervention, remediation, and the prosecution system are complex and multifaceted, spanning civil, criminal, health, and social service sectors. Participating agencies and County departments include the Superior Court, District Attorney's Office, Public Defender's Office, County Probation Department(including the Victim/Witness program and intervention programs), County Health Services Department, County Employment and Human Services Department(including child welfare, welfare-to-work and adult protective services) and community-based organizations. 12. The objectives, protocols, policies, and activities of these.participating agencies and County departments have not always been in alignment with each other in addressing domestic violence, and governmental oversight and coordination of the multiple agencies and County departments involved in the domestic violence system has been lacking. 13. For "zero tolerance for domestic violence" in Contra Costa County to be effective, there must be alignment in the objectives, protocols, policies, and activities of each involved sector and participating agency and County department. 14. This alignment requires governmental oversight and coordination of the multiple agencies and County departments involved in the domestic violence system. This oversight and coordination is an essential link in a comprehensive effort to eliminate domestic violence. 15. Oversight and coordination by Contra Costa County must address the full spectrum of prevention, early intervention, response, and remediation. This will involve holding participating agencies and County departments accountable through specified performance measures and reporting. This will involve improving and enhancing automated systems for collecting and reporting data. This will involve helping participating agencies and County departments work (both internally and together) efficiently and effectively. 16. The increased fees are to cover the cost of Contra Costa County's governmental oversight and coordination of the domestic violence system. 17. The fees authorized by Government Code section 26840.7 are not sufficient or allowable for this purpose, as these funds are to be used only for domestic violence centers offering direct services, and are currently fully utilized for this purpose. 18. Contra Costa County has no other existing source of revenue for its governmental oversight and coordination of the domestic violence system, and thus it needs to increase the subject fees. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Supervisors authorizes the following: A. An increase in the amount of$1.50 the fees for each certified copy of a marriage certificate, birth certificate and death/fetal death record, effective January 1, 2002, pursuant to SB 425 (Government Code section 26840.9 and Health and Safety Code section 103626). 2 r B. The County Auditor-Controller shall establish a separate, interest-bearing special revenue fund for these additional fees. Pursuant to SB 425 (Welfare and Institutions Code section 18308), up to 4% of the special fund may be retained for administrative costs associated with collecting and segregating the additional fees and depositing the fees in the special fund. Otherwise, proceeds from the special fund shall be used for the governmental oversight and coordination of the domestic family violence prevention, intervention, and prosecution efforts among the various involved organizations and entities. C. Pursuant to SB 425 (Government Code section 26840.9 and Health and Safety Code section 1.03626), effective July 1 of each year, the Board of Supervisors may authorize an increase in these fees above the maximum of$2.00 by an amount equal to the increase in the Consumer Price Index for the San Francisco metropolitan area for the preceding calendar year, rounded to the nearest half-dollar. D. Pursuant to SB 425, these fees will remain in effect only until December 31, 2006. E. Fee schedule for the increased fee collection is as follows: Type of Fee Current Fee Proposed Fee Estimated Increased Fees (per certified co Generated Annually Death/Fetal Death Record $11.00/$9.00 $12.50/$10.50 $ 79,554 Marriage Record $13.00 $14.50 $ 10,062 Birth Record $16.00 $17.50 $ 47,142 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 on the date shown: ATTESTED: (date) ! a JOHN SWEETEN, Clerk of the Board of Supe . ors and County Administrator B • © ��°"� Deputy Contact: Sara Hoffman, CAO Christina Linville, CAO RESOLUTION NO. 2001/559 3 ,The Sweeten Erle Board of Supervisors Contra Cferk of the Board and County Administration Building Costa County Administrator 651 Pine Street, Roorn 106 I I (925)335-1900 Martinez, California 94553-1293 County John Gioia, 1st District L ;� Gayle B.Uilkema,2nd District Donna Gerber,3rd District Mark DeSaulnier,4th District Federal D.Glover,5th District %f'°4'' >• Y,1 C UY•'Cl' December 14, 2001 Senator Tom Torlakson State Capitol, Room 2068 Sacramento, CA 95814 Dear Senator Torlakson: On behalf of the Board of Supervisors of Contra Costa County, I wish to express our appreciation to you for authoring SB 425,. the "Contra Costa Zero Tolerance for Domestic Violence Act", as well as for your leadership in ensuring its success. This important legislation, which was signed into law by Governor Davis on July 20, 2001, conveys authority to the Board of Supervisors to increase fees for certified copies of certain vital records up to $2.00 in order to fund governmental oversight and coordination of the County's "Zero Tolerance for Domestic Violence" initiative. This multi-jurisdictional initiative is designed to better protect vulnerable victims of domestic violence and elder abuse, including children exposed to violence, and to hold batterers more accountable. This legislation is important because it helps to ensure that the overall domestic/family violence and elder abuse system in the County is strengthened, that the County's investment In the "Zero Tolerance" initiative is protected and that the return on that investment is documented. On December 11, 2001 the Board of Supervisors enacted the fee increase to fund "Zero Tolerance" governmental oversight and coordination effective January 1, 2002. We look forward to meeting the requirements in SB 425 to report back to the Legislature on the fee expenditure and the effectiveness of the"Zero Tolerance"initiative. Thank you again for your leadership and commitment to reducing domestic violence, family violence and elder abuse in Contra Costa County. Sincerely, Gayl . Ullkem , Chair Contra Costa County Board of Supervisors zq I TESTIMONY AT PUBLIC HEARING ON SD. too W COUNTY RESOLUTION No. 2001/559 . DECEMBER 11, 2001 By: John Wolfe, Executive Vice President Contra Costa Taxpayers Association This plan to increase the fee for certified copies of marriage, birth and death certificates in our county alone needs to be reconsidered. Enabled by the new statutes in Senator Torlakson's SB 425, this proposal would increase the certified copy cost of these vital records by $1.50 each in order to pay for administration of our county's recent program of "Zero Tolerance for Domestic Violence." There is no question about the need for administrative oversight and coordination of this program. Our county's unique domestic violence prevention, intervention and prosecution efforts are "multifaceted, spanning civil, criminal, health and social service sectors" (SB 425, Sec. 1(b)(9)). The budget is $2 million per year. The issue at hand is whether copy fees are an appropriate way to pay for this administrative function. SB 425 allows a fee increase of up to $2 on marriage licenses in the Government Code (Sec. 26840.9) as well as on certified copies of marriage, birth and death records in the Health and Safety Code (Sec. 103626). But in order for fee increases to be legal, the agency imposing them.must establish that "the fee increase is rationally related to the purpose of the fee...". This statement is in the analysis of SB 425 by the Senate Judiciary Committee (5/1/01). It notes that our county's license fees for marriages includes the state mandated $23 fee for funding domestic violence programs. (Last year this fee raised $81,765 on 3,555 marriage licenses in our county.) It does not comment on the copy fees. However, this Resolution No. 2001/559 increases only copy fees, not marriage license fees. Based on last year's copy counts, this increase would raise $136,758. Type of Record Recorder Health Dept. T TAL Death/Fetal Death 6,663 46,373 53,036 Marriage 6,708 - 6,708 Birth 21,488 9,940 31.428 91,172 x $1.50 = $136,758 There may be, arguably, some connection between purchasing a marriage license and domestic violence prevention. There is no similar connection with purchasing col2jes of vital records. The rational relationship between the fee and the purpose of the fee does not exist. Even the statutory codes are different. Marriage license fees (and associated domestic violence program funding) are in the Government Code while copy fees are in the Health and Safety Code. Page 1 of 2 Who will pay these increased copy fees? Birth certificate copies are essential for parents to enroll children in school, sign them up for Little League or collect their health benefits. Birth certificates are also needed to get a social security number or a passport. Death certificates are needed by bereaved families seeking insurance payouts, tax benefits or estate and probate proceeds. Marriage certificates are needed to change names, add beneficiaries and collect social security. Let's avoid burdening bereaved families and Little League moms with the cost of administering a county program totally unconnected with the provision of copies of vital records. The county has a monopoly on this function. Folks who need these records cannot go elsewhere. And this is a 9% to 17%.increase. Moreover, the $136,758 per year this generates is far in excess of the "$60,000 annually" that Sacramento was told was anticipated (SJC, 5/1/01). Our county's Zero Tolerance for Domestic Violence Program" is unique in California. It is something for us to hold up with pride as a model for other counties to emulate. Let's avoid tarnishing its good works by funding its administrative coordination from an inappropriate and legally questionable source. Let's avoid the risk of ridicule and reconsider where we might find the needed $100,000 (or whatever) without arbitrarily raising copy costs $1.50. 1 respectfully request that you postpone action on this resolution. Refer it to an appropriate Board committee and reconsider how to implement SB 425. Page 2 of 2 Vital Records Proposed Fee Schedule Fees for Certified Copies of Marriage Certificates, Birth Certificates, Death/Fetal Death Records The projected revenue for the proposed filing fee increase has been incorporated into the table below. The overall revenue for Zero Tolerance for Domestic Violence initiative will increase from approximately $140,000 to $188,000 based on the number of certified copies issued in 2002. The fee schedule for the increased fee collection is as follows: Type of Fee Current Fee Proposed Fee Number of Estimated (Per certified Certified Additional copy) Copies Total Revenue Annually Death/Fetal Death Record $14.50/$10.50 $15.00/$11.00 53,268 $ 26,634 Marriage Record $15.00 $15.50 6,945 $ 3,472 Birth Record $19.50 $20.00 34,483 $ 17,242 Total 94,696 $ 47,349 SB 425, the "Zero Tolerance for Domestic Violence" Act, conveys authority to the Contra Costa County Board of Supervisors to increase fees for copies of birth, marriage and death/fetal death records by up to $2.00 per certified copy to provide governmental oversight and coordination of the County's Zero Tolerance initiative. On December 11, 2001, the Board adopted after public hearing Resolution No. 2001/559, which authorized and made findings and declarations concerning an increase of $1.50 per certified copy in fees. The .50 cents per copy increase in fees will allow Contra Costa County's governmental oversight and coordination function of the domestic violence system to include evaluation of outcomes achieved as a result of the activities associated with the Zero Tolerance for Domestic Violence Act and enhance data collection methodologies by participating agencies. r REQUEST TO SPEAR FORM (THREE (3) MINUTE LIMIT) ( ) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: �O�- Phone: ('�)2- ) LZg - 0 Address: ,C/-)5.J,4 TAS 57T. city: I am speaking. for myself or organization: Co6JMA CoW-A (name of organization) CHECK ONE: X I wish to speak on Agenda Item # n•/0 Date: My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: REQUEST TO SPEAR FORM (THREE ("3) MINIITE LIMIT) Complete , this form and place it in the -box .near the speakers' rostru'm'p a ore addressing the Board.` Name: ' .Alt ndcwa� Phone`: (go?s�' G03-G��o2 Address: Cit 1U1?(� .y. I am speaking. forvv�self , or organization: STOOD! daii-Sf ' r' 104 d 1,l�..fo sp�cak lasf Pa Gs (e (name of`cogen;=et;on) CHECK ONE: . X I wish to -speak:.on Agenda Item My comments will bev general for. against I wish:to: speak.:::on,.'.the :subj ect of I do.•.;not wish: :to ;speak''but leave tfiese comments for: tYie Board to consider: