HomeMy WebLinkAboutMINUTES - 06161987 - S.7 TO BOARD OF SUPERVISORS 51
FROM: TOM POWERS C=tra
Supervisor, District #1 coos`sry
`
DATE: June 4, 1987 ��C`+"' ")
SUBJECT: REPORT ON SHERIFF-MARSHAL CONSOLIDATION STUDY
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) a BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Accept report from Tom Powers, First District Supervisor, on the implementation of the
Sheriff-Marshal consolidation study and refer it to the Budget Committee.
BACKGROUND/REASONS FOR RECOMMENDATION:
I was asked by the other members of the Board of Supervisors to review the issues involved
in consolidating court-related services in the Sheriff's Department or the Marshal's
Department and return to the Board with a recommendation.
A Task Force on Marshal/Sheriff Consolidation was formed, consisting of two Superior Court
Judges, the Hon. Gary E. Strankman and Hon. E. Patricia Herron and two Municipal Court
Judges, the Hon. John C. Minney and Hon. Allen L. Norris. I met with this Task Force on
several occasions to discuss merging court functions. I also toured the central civil
process office in each agency to better understand how each office provided services, and
I . reviewed the "Report on the Feasibility of Consolidating Court-Related Services in
Contra Costa County".
After careful consideration, I submitted the attached report to the Task rorce,
recommending that the Marshal's Department be merged into the Sheriff's Department. The
report outlines the advantages to consolidating in the Sheriff's Department. The Task
Force considered the report and voted 3 to 2 in favor of the recommendation with the
Municipal Court Judges voting against the proposal. The Municipal Court Judges proposed
consolidating civil process in the Marshal's Department and not merging bailiff functions.
The Municipal Court Judges' proposal offers less cost savings and is not as
organizationally efficient as a total merger in the Sheriff's Department.
The Municipal Courts, during the Task Force process, offered to consolidate administration
of the four municipal court districts as an alternative to proceeding with consolidation
of court-related services. This is a good idea that eventually should result in a more
efficient, perhaps more cost effective, and certainly better coordinated municipal court
system. However,. initially, increased costs would be increased due to a need to establish
a centralized management team. It is worth doing, not as an alternative, but, in addition
to the consolidation of court-related services in the Sheriff's Department.
I recommend referring this proposal to the Board's Budget Committee for consideration
during the hearings on the 1987-88 proposed County budget.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
$1GNATURE(S1:
ACTION OF BOARD ON June 16, 1987 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT IV ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: I NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT; _ ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Superior Court /G �QC
CC: Municipal Courts ATTESTED Q7
Sheriff-Coroner P L BATCHELOR. CLERK OF THE BOARD OF
Marshal SUPERVISORS AND COUNTY ADMINISTRATOR
CAO-Justice System Programs
County Administrator
M382/7-83 BY _,DEPUTY
SEAL o� - BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
?� D� TOM POWERS
r�4 SUPERVISOR.FIRST DISTRICT
C'Os24 COUNt-
To: TASK FORCE ON MARSHAL/SHERIFF CONSOLIDATION
HON. GARY E. STRANKMAN, Superior Court
HON. E. PATRICIA HERRON, Superior Court
HON. JOHN C. MINNEY, President, Municipal Court Judges' Association
HON. ALLEN L. NORRIS, Bay Municipal Court
From: TOM POWERS, Supervisor
1st District
Date: April 7, 1987
Re: SHERIFF/MARSHAL MERGER
I was asked by the other members of the Board of Supervisors to return to
them with a recommendation on consolidation of the bailiff and civil
process functions in Contra Costa County. I met with you to.. discuss the
issues related to the merging of these functions in either the Sheriff's
Department or the Marshal's Department. I toured the central civil process
office in each agency to better understand how each office provided this
service, and I reviewed the "Report on the Feasibility of Consolidating
Court-Related Services in Contra Costa County".
The Sheriff's Department and Marshal's Department both have experienced and
dedicated staffs. There is no reason that these two operations could not
work together using the best of all possible worlds because of the fine
staff of the Marshal's Office and the fine staff and automated system of
the Sheriff's Office.
After careful consideration I am ready to recommend that the Marshal's
Department be merged into the Sheriff's Department. I believe this
proposal offers the following substantial advantages:
1. Both the Municipal and Superior Courts will have increased
bailiff and security resources. These resources can be applied
to strengthen court safety.
2. Consolidation in the Sheriff's Office offers the County greater
long-term savings in operational costs. The Sheriff has much
greater potential to civilianize throughout the .Department,
including- the majority of civil process servers. This will yield
major- savings in -salary costs. =Tire Marshal can civilianize only - -
through a lengthy .-period of attrition and, then, not to the
extent of the __Sheriff. - Even - without this consideration,
consolidation in the Sheriff's Office saves close to $400,000 per
year more than consolidation in the other direction.
100-37th STREET,ROOM 270,RICHMOND.CALIFORNIA 94805 • TELEPHONE(415)231-3231
Sheriff/Marshal Merger,. 2 April 7, 1987
3. There will_ be increased efficiency because the Sheriff's
automated system--w-ill be employed for all civil processes.
4. There will be increased career opportunities for both sworn and
clerical staff now in the Marshal's Office because they will be
part of a larger organization. The Sheriff is offering the
clerical staff in both agencies the opportunity to be promoted to
the civilian civil process server position.
An implementation proposal will have to be developed that addresses the
concerns expressed by the judiciary during the course of the discussions
regarding consolidation. These concerns included:
1. Access of the legal community and general public to local offices
throughout the County to which they can go and deliver civil
process and receive prompt action;
2. Ability of individual judges to retain their current bailiffs and
select their future bailiffs, and improve the overall level of
security in their courtrooms;
3. How job security would be provided to employees moving from one
organization to another; and
4. The Municipal Court judges as a group want selection and
retention authority over the person in charge of providing court
security services.
In the agreement effecting a changeover, certain protections will be
provided in legislation to ensure these concerns are addressed. These
include:
1. Establishment of a Court Security Services Unit in the Sheriff's
Department. The division would be directed by the Court Services
Officer. The Court Services Officer will be selected, and serve
at the pleasure of, the judges of the Municipal Courts and
Superior Court. The current Marshal could continue, with the
approval of the judges of the Municipal Courts and Superior
Court, to direct Court Security Services. Assignment of bailiffs
and delivery of additional courtroom security would be provided
by this division.
2. Creation of a committee to prepare an implementation plan for the
consolidation of court services under the Sheriff. The committee
would be primarily composed of judges from the Superior and
Municipal Courts, as well as the Sheriff and County
Administrator.
3. Establish an oversight committee, which could be" --the
_ — implementation committee 9s another committee;--to provide. ongoing
management of Court Servic-es. The oversight committee- would e
— r-USponsible for directing the activities of the Court Security —
Services Unit, including reviewing the Court- Security Services
budget,— and hearing grievances related to consolidation. Juudges
,
Sheriff/Marshal Merger ' 3 April 7, 1987
will keep their current bailiffs and have approval over the
assignment of any future bailiff. Judges -will have- primary
discretion over additional security measures to be takenin their
courtrooms. The security resources available to judges will be
increased with the merger. The Court Security Services Unit will
be responsible for providing security in both the Municipal and
Superior Courts and, thus, will have a larger pool of qualified
personnel from which to draw.
4. There will be no layoffs of current staff. All Marshal's.
personnel will be- transferred at their existing classifications,
salaries, and benefits and will carry over their County time in
service for purposes of determining seniority. There will be no
loss of peace officer status.
5. The bailiffs in Court Security Services could develop their own
identity by wearing a uniform or emblem that is distinct from
that of the Sheriff's Department. This has occurred in the
cities that contract for police services with the Sheriff.
6. There will continue to be local offices for persons who want to
deliver processes to be served, pick up forms, or ask questions.
There will be a person in each Municipal Court Clerk's Office
knowledgeable in civil process matters. These locations and
merged operations will be at least as convenient as they are
currently.
I am prepared to work with the judges in the Municipal and Superior Courts
and the Marshal and Sheriff to develop the appropriate guarantees -that will
be needed in a consolidation agreement. The design of the combined bailiff
and civil process functions must be a joint effort of the Sheriff and
oversight committee. There is urgency in moving forward with
consolidation. It is clear that the delay in resolving this issue has cost
the County a substantial amount of money. These funds could have been used
for other much-needed programs and services. I am convinced that the
efficiency and security of our courts will be enhanced by this
consolidation proposal.
cc: Richard K. Rainey, Sheriff-Coroner
Rodger Davis, Marshal