HomeMy WebLinkAboutMINUTES - 07141987 - 1.71 ~' BOARD OF •PERVLSORS •
FROM: PHIL BATCHELOR C=Lra
County Administrator CostaDATE: July 2, 1987 Cay'" '•1
SUBJECT: PROCESS FOR ALLOCATION OF DISPUTE RESOLUTION PROGRAM FEES
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SPECIFIC REQUEST S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
Authorize the County Justice System Subvention Program Advisory Group, augmented by the
President of the Municipal Court Judges Association and a representative of the Contra
Costa County Bar Association, to serve. as an advisory group to the Board of Supervisors on
the funding of a Dispute Resolution Program pursuant to SB 2064 (Chapter 1313 of 1986).
BACKGROUND/REASONS FOR RECOMMENDATION:
SB 2064 (Chapter 1313 of 1986) provided for the establishment of Alternative Dispute
Resolution programs in counties throughout the State. The purpose of such programs is to
encourage alternative resolution of disputes that can be handled in a more effective and
efficient manner outside of formal court procedures.
SB 2064 authorized funding; for the programs to be generated by a $1 to $3 surcharge on
first paper filings in the municipal and superior courts. Pursuant to this law, your
Board amended Resolution Na. 86-704 on December 12, 1986, to add a $3 surcharge to filing
fees for this purpose. At that time, . your Board authorized the Auditor Controller to
establish a fund to receive the fees collected. Your Board also directed the County
Administrator to develop guidelines for this program, in concert with. the Superior and
Municipal Courts and other relevant agencies when State guidelines are adopted by the
Department of Consumer Affairs.
At its April 21, 1987 meeting, the County Justice System Executive Council discussed the
development of a process to make appropriate and informed recommendations to your Board
for the funding of dispute resolution programs. The Executive Council decided to
recommend to your Board that an augmented County Justice system Subvention Program
Advisory Group be used to make recommendations to your Board for the Dispute Resolution
Program. That advisory group is appropriate to the intent of the legislation. When
augmented by the President`of the Municipal Court Judges Association and a representative
of the Contra Costa County Bar Association, the Advisory Group represents a broad-based
committee of County justice officials (including the Courts), police chiefs, community
.groups involved in juvenile and adult services, and the private defense Bar. Because the
Subvention Program Advisory Group has been making program funding recommendations to your
Board for nearly ten years', it has extensive experience in developing and implementing an
equitable project funding process. Justice System Programs staff in the County
Administrator's Office would continue to serve as staff to the Advisory Group for this
purpose.
el%CONTINUED ON ATTACHMENT: Y,-,— YES SIGNATURE;
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION Vr BOARD COMMITTEE
_ APPROVE OTHER
SIGNATURE I S): ,,! .
ACTION OF BOARD ON ��/ AA'� APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT _ - AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED JUL 14 1987
CAO-Justice System Programs ---- -----
Presiding Judge, Superior Court PHIL BATCHELOR, CLERK OF THE BOARD OF
President, Municipal ,Court Judges Association SUPERVISORS AND COUNTY ADMINISTRATOR
Sheriff-Coroner, District Attorney
Public Defender, County Probation Officer
BY ,DEPUTY
M382/7-83
Process for Allocation of
Dispute Resolution Program Fees 2 July 2, 1987
Recently, the Legislature approved SB 123 which requires the State to adopt temporary
guidelines for Dispute Resolution Programs within six' months of the first meeting of a
Statewide advisory council formed under the enabling legislation. Staff from the State
Department of Consumer Affairs anticipates that the Advisory Council will begin meeting in
early August. This means that interim funding rules and regulations should be promulgated
early in 1987. . If the State keeps to its schedule, Contra Costa County may be able to
begin funding a Dispute Resolution Program in fiscal year 1988/89. This should give the
Advisory Group sufficient time to develop funding policies consistent with State
regulations.
FINANCIAL IMPACT:
No County cost is involved. The funding for a Dispute Resolution Program comes from a
filing fee surcharge authorized by the Board of Supervisors.