HomeMy WebLinkAboutMINUTES - 11062007 - C.50 ;o
- TO:-F' BOARD OF SUPERVISORS - o n ra
'
CostaFROM: JOHN CULLEN, County Administrator
Y = s
DATE: OCTOBER 31, 2007
County
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH SUPERIOR COURT GOVERNING BANK
ACCOUNTS FOR DEPOSIT OF CRIMINAL FINES, PENALTIES, AND FORFEITURES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
TERMINATE the 2005 Memorandum of Understanding (MOU) with the Contra Costa County
Superior Court governing bank accounts for deposit of criminal fines, penalties, and forfeitures;
and APPROVE and AUTHORIZE the County Administrator, or designee, and the Treasurer-Tax
Collector to execute a new MOU with the Superior Court, effective November 7, 2007 and
renewing annually into perpetuity until terminated, clarifying the terms of the prior MOU.
FISCAL IMPACT
The County will earn interest on deposits of County money held in Court bank accounts. Banking
and administrative costs will of offset by interest earnings on County balances.
CONTINUED ON ATTACHMENT: [�fES SIGNATURE: r
[RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOM ATION OF BOARD COMMITTEE
["APPROVE OTHER
SIGNATURE(S):
ACTION OF B A ON
APPROVED AS RECOMMENDED ❑ OTHER ❑
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
�C UNANIMOUS(ABSENT ENTERED) ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES:
SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED: NOVEMBER 6, 2007
Contact: JULIE ENEA(925)335-1077 JOHN CULLEN, CLERK OF THE BOARD OF
SUPERVISORS D COUNTY ADMINISTRATOR
cc: COUNTY ADMINISTRATOR
TREASURER-TAX COLLECTOR
AUDITOR-CONTROLLER
By: eputy
Page 2
BACKGROUND
The California Government Code provides that a court, with the consent of a county, may deposit
all money required to be deposited into the county treasury or with the county treasurer into a
bank account established by the Administrative Office of the Courts separate from the county
treasury. In 2005 when the Superior Court established its own financial system, the County
entered into such an agreement with the Superior Court for the deposit of criminal fines,
penalties, and forfeitures collected by the Court on behalf of the County.
The County and Court need to terminate the 2005 MOU and execute a new MOU (copy attached
for reference) that specifies how and when interest on County deposits will be credited to the
County.
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• MEMORANDUM OF UNDERSTANDING
CONTRA COSTA SUPERIOR COURT/COUNTY SERVICES
BANK ACCOUNTS FOR DEPOSIT OF
CRIMINAL FINES, PENALTIES, AND FORFEITURES
1. Bank Account Authorization
As authorized by California Government Code section 68085.9, the parties agree that the Court will
deposit into bank accounts, which have been established by the Administrative Office of the Courts
(AOC) and which are separate from the County treasury, all money that is received by the Court and
by the Collections and Compliance Unit(CCU)and would otherwise be required by law to be
deposited into the County treasury or with the County treasurer("County Money").
County Money includes, but is not limited to, Sections 24353, 68085, 68085.5, and 68101 of the
Government Code and Section 1463.001 of the Penal Code. Money collected pursuant to
Government Code section 68085.1 shall be deposited as provided in that section. The
Administrative Director of the Courts has approved the separate bank accounts in accordance with
Government Code section 68085.9.
2. Interest
The actual interest accrued on the County Money will be distributed to the County by the 15th day of
the calendar month following the month in which the interest is earned.
3. Payment to the County
By the 15`h day of each calendar month, the Court will transfer to the County treasury all County
Money currently deposited in these separate accounts. [See paragraph 5 below.]
4. Payment Method
The parties agree that each transfer will be made by check, electronic fund transfer, or automated
clearing house system. Properly approved transfer instructions will be provided(and updated as
necessary)to ensure all information necessary to transfer monies is obtained.
5. Banking and Administrative Costs
The parties agree that the Court's reasonable banking and administrative costs will be [invoiced
to/or] paid by the County for the prorated amount attributable to the collection of County Money.
The cost to the County will be offset by the interest earned on the account.
6. Term
The term of this Memorandum of Understanding(MOU)will be for one year, effective November 7,
2007. This MOU will automatically renew for another year on the anniversary of the Effective Date,
unless terminated by either party in accordance with Paragraph 7, below.
7. Termination
Either party may terminate this MOU by giving at least 90 calendar days' written notice to the other
Ply•
Page 1 of 2 10/31/2007
• }' MEMORANDUM OF UNDERSTANDING
CONTRA COSTA SUPERIOR COURT/COUNTY SERVICE
CONTRA COSTA COUNTY CONTRA COST UPERIOR COURT
By By
County Administrator Presiding Judge
By
Treasurer-Tax Co ctor
Date Date
Page I of 2 10/31/2007