HomeMy WebLinkAboutMINUTES - 06021992 - 1.88 �' 10 8 8
' TO: BOARD OF SUPERVISORS
FROM: PHIL BATCHELOR
County Administrator
DATE: June 2, 1992
SUBJECT: CONTRACT AMENDMENT WITH CONTRA COSTA COUNTY BAR ASSOCIATION FOR PROVISION
OF CONFLICT DEFENSE SERVICE
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATIONS:
1. Accept report from the County Administrator on the status of the Contra Costa
County Bar Association's Conflict Defense Program.
2. Authorize the County Administrator or his designee to execute a contract
amendment with the Contra Costa County Bar Association (Contract #3167100) for
conflict defense services, increasing the payment limit up to a maximum of
$3,248,000 for the period July 1, 1991 to June 30, 1992 and approve appropriation
adjustment (AP00 5266) transferring already budgeted funds to effect this action.
FINANCIAL IMPACT:
There is no financial impact beyond that already planned for and budgeted in the FY
1991/92 budget. In June of 1991, before the budget was adopted, we conservatively
estimated a payment limit for FY 1991/92 of $2,975,000 in order to proceed with the
contract. It was anticipated at that time that the payment limit would be increased.
The increase in the payment limit of this contract does not require additional funds
to be appropriated. However, it should be noted that at any given time the Conflict
Defense Program is behind in processing attorney claims for payment. Any unpaid
claims remaining after a contract is closed out for any given fiscal year must, of
course, be paid in the next fiscal year.
REASONS FOR RECOMMENDATION/BACKGROUND:
In accordance with the direction of your Board to explore ways of reducing the costs
for conflict defense, the County Administrator's Office has authorized the Public
Defender to proceed with an alternate defense unit within the Office. Recent changes
in caselaw have altered what is considered a conflict case. This has allowed the
Public Defender to establish an alternative defense unit which is now handling those
conflict dependency cases (W&I Code 300) which formerly were referred to the Bar
Association's conflict program. As these and other types of conflict cases are
increasingly handled within the Public Defender's Office, the number of cases referred
to outside attorneys will decrease along with the greater associated cost. However,
CONTINUED ON ATTACHMENT: X YES Signature.
X Recommendation of County Administrator
Recommendation of Board Committee
X Approve Other
Signature(s) :
Action of Board on:4L�
Approved as Recommended X Other
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
L� AND CORRECT COPY OF AN ACTION TAKEN
- Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERISORS ON DATE SHOWN.
Absent: Abstain: G
Attested: e21% 9 oZ
cc: CAO-Justice System Programs PhiY Batchelor, Clerk of
Contra Costa County Bar Association the Board of Supervisors
Auditor-Controller and County Administrator
Public Defender
By: , DEPUTY
v
Contract Amendment/Bar Association
Page 2
June 2, 1992
in order to maintain the alternate defense unit on a sound fiscal and legal basis, it
is important to move in an orderly manner in handling increasing numbers and types of
cases. Thus, it is not anticipated that much, if any, cost reduction will occur in
the first year or so in the operation of this unit. Although cases referred to the
Bar Association should decrease as the Public Defender's alternate defense unit
handles an increasing number of cases, the Bar Association still is incurring costs to
represent previously referred cases. These cases must be closed out before
significant cost savings will occur.
The Bar Association's contract for the provision of conflict defense services expires
on June 30, 1992. This represents the end of the latest three-year contract
amendment. The Bar Association is proposing that the contract be extended another
three fiscal years. At this time, the County Administrator's Office is negotiating
with the Association over the terms and conditions of this contract amendment. We
anticipate bringing a recommendation back to your Board towards the latter part of
June.
AUDITOR TR � ONLY
--
CONTRA COSTA COUNTY FINAL APPROVAL NEEDED BY:
APPROPRIATION ADJUSTMENT eaARo OF SUPERVISORS
TIC 2 7
COUNTY ADMINISTRATOR
ACCOUNT CODING BUDGET UNIT: 0325 JUSTICE SYSTEM PROGRAMS: 0248 CONFLICT DEFENSE SERVICES
IATION EXPENDITURE
SUI-ACCOUNT EXPENDITURE ACCOUNT DESCRIPTION DECREASE INCREASE
3260 3580 Conflict Rep Augmentation 204,394 Ipv
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0248 2310 Professional Spec Services �` 204,394 Ipp
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TOTALS 204,394 !� 204,394
APPROVED EXPLANATION OF REQUEST
IIT R-CONTROLLER Transfer appropriations to cover payments to
stranl,A�s ONMOV; MAY 19199
421 PE! MV9Y Date contract #3167100.
1NT MINI TRATOR
Do
4RD OF SUPERVISORS
SUPOMSORS POWERS,FANDEN,
' SCNRODER,MCPEAK,TORLAKSON
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
Managerlent Analyst .5-19-9?
SIGNATURE TITLE L ,[ DATE
DD
Date APPROPRIATION A L_00✓ 4+
ADJ. JOURNAL NO.