HomeMy WebLinkAboutMINUTES - 03021993 - 1.26 26
TO: BOARD OF SUPERVISORS SE Contra
FROM: Phil Batchelor, County Administrator \\ Costa
%ill" +�il•!a
Count
DATE: February 22, 1993
SUBJECT: REQUEST TO THE LEGISLATURE FOR CHANGES TO THE COUNTY'S MUNICIPAL
COURT PAY AND STAFFING STATUTES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Request the Assembly Judiciary Committee to include in its omnibus
Municipal Court Pay & Staffing bill the attached changes for the
County of Contra Costa which are required to reflect in state
statutes changes which have been made by the Board of Supervisors .
BACKGROUND:
Each year the Board of Supervisors sponsors legislation to conform
state law to changes in the pay and staffing of employees of County
who work for the Municipal Court.. State law required that the
Legislature set the pay and staffing for all employees of the
Municipal Courts . The County is authorized to go ahead and make
changes in the pay and staffing of Municipal Court employees, on
the condition that these changes are reflected in state law within
two years after the changes became effective.
This year, the Assembly Judiciary Committee, chaired by the
Honorable Phillip Isenberg, has decided to sponsor an omnibus
Municipal Court Pay & . Staffing bill and is encouraging all counties
to include their_ required changes in this single bill . The
Committee requires a confirming request from the Board of
Supervisors to ensure that the Board of Supervisors has approved
the requested changes .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 2 19 9 3 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
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.
MAR 2 1993
ATTESTED
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
cc: See Page 2 . SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
The attached document outlines the changes which are being
requested for the 1993 omnibus Municipal Court Pay & Staffing bill .
These include the following:
1 . A change to Government Code Section 73346 to reflect fixed
fees for pro tempore official reporters which were enacted by
the Legislature in 1992 . This change eliminates separate fees
and imposes a fixed fee of $100 per half-day for the use of an
official reporter in a civil case. This change is required by
recently enacted State law (Government Code Section 68086, as
added by AB 1344, Chapter 696, Statutes of 1992) .
2 . A change to Government Code Section 73348 to reflect salary
changes for official reporters approved by the Board of
Supervisors to be effective October 1, 1992 .
3 . A change to Government Code Section 73351 to include as a new
classification in the Municipal Court a "Court Probation
Officer" , to reflect the fact that the Municipal Court may
have to add its own probation officers because of the cutbacks
that may be made in the County Probation Department.
4 . Changes to Government Code Section 73353 to reflect the salary
changes approved by the Board of Supervisors for Municipal
Court employees to be effective October 1, 1992 .
5 . Changes to Government Code Section 73354 to provide for the
Court Probation Officer classification and the method of
fixing the salary for the positions.
6 . The addition of Government Code Section 73357 to provide for
the appointment, duties and responsibilities of Court
Probation Officers .
7 . Changes to Government Code Section 73358 to provide for the
four County Probation Officer positions authorized for the
Municipal Court.
It is recommended that the Board of Supervisors approve the request
for these changes to the state law.
cc: County Administrator
Municipal Court Administrator
Director of Personnel
George Roemer, Senior Deputy County Administrator
Les Spahnn, SRJ. Jackson, Barish & Associates
-2-
CONTRA COSTA COUNTY 1993 MUNICIPAL COURT
PAY AND STAFFING BILL
SECTION 1
Section 73346 of the Government Code is amended to read:
73346 . (a) Fees for transcription of testimony and proceedings in
the court shall be paid by the litigants to official reporters and
official reporters pro tempore as otherwise provided by law. In
all cases where by law the court may direct the payment of
transcription fees out of the county treasury, such fees shall,
upon order of the court, be paid from the general fund including
fees for transcription of testimony and proceedings in criminal
cases as provided in Sections 69947 to 69953, inclusive, which
shall be paid from the county treasury.
4b)j 2i repe=te=' s fee of eighteen dollars ($18) shall be-G911eGted
for the GGUEt reporter fund, in all appliGable situations mentlened
n Seet}ens 65890.5, 72055, and 72056, fie-be-paid-by-eaGh party, 9E
jointly by--parties appear-Ing jeIntly, only—ens—In each—SUGh
eltuatlea in aaGh ate!9H-GE PEGseeding, and-to-be-etherwise treated
and applied as therein previded,-
{G+ (b) In addition to any fee otherwise required in civil trials
that last longer than one judicial day, a fee equal to the r die
Fate €9E Gffie-ial reperteEspre tempere shall be Gharged per day of
one hundred dollars ($100) shall be charged per half-day of service
to the parties, on a pro rata basis, for the services of an
official reporter #-e-r on the second and each succeeding day a-
repenter is required those services are required.
+d+ c) In addition to any fee otherwise required, in civil cases
in which the court orders a daily transcript necessitating the
services of two phonographic reporters, the party requesting the
daily transcript shall pay a fee equal to the per diem rate for
official reporters pro tempore for each day of service rendered by
the second reporter, for the first and each successive day of
trial .
+e-} d) All parties shall deposit their pro rata share of such fees
with a clerk at the beginning of the second and each succeeding
day' s court session.
(e) For purposes of this section, "one-half day" means anyperiod
of judicial time during either the morning or afternoon court
section.
( f) The fees shall be taxed as costs in favor of any party paying
the fees and to whom costs are awarded by the judgment of the
court. The fee is not subject to Section 6103 .
SECTION 2
Section 73348 of the Government Code is amended to read:
73348. (a) In Contra Costa County, the annual salary of each
regular official reporter shall be based on a four-step salary plan
with one-year increments . Effective QGtebeE i, 1991 October 1,
1992, the four salary steps are as follows:
Step 1 . Ferty-four theusand seven hundred ninety-six dellar&
($44,796+,
Step 2 . Forty-seven theesand--ferty dollars ($47, 040) .-
Step 3 . Forty-nine theusand three hundred ninety-twe dollars,
($49,392--,
($5 Q6n )
Step 1. Forty-six thousand one hundred sixty-four dollars
($46, 164) .
Step 2 . Forty-eight thousand four hundred sixty-eight dollars
($48,468) .
Step 3 . Fifty thousand eight hundred ninety-two dollars
($50,892) .
Step 4 . Fifty-three thousand four hundred thirty-six dollars
($53,436) .
The step of entry to the above schedule shall be Step 1 . However,
the judges of the court may appoint a court reporter to a duly
allocated exempt position at a higher step if, in the opinion of
the appointing judge, an individual to be appointed has the
experience and qualifications to entitle that individual to the
higher initial step, and if the higher initial salary has the
approval of the presiding judge of the court and the board of
supervisors, but in no case may the initial salary be above the
third step of the salary range. Except as provided below,
official reporters shall advance to the next higher step on the
salary plan annually. The compensation of each official reporter
pro tempore shall be an amount which is equivalent to 1 . 05 times
the daily wage of the fourth step in the salary range for full-time
official reporters in Contra Costa County for each day the reporter
actually is on duty under order of the court which per diem rate
shall apply when an official reporter is appointed pursuant to
Section 869 of the Penal Code.
2
Irrespective of the step of the salary range to which initially
appointed, an official court reporter shall be eligible for
advancement to the next higher step in the salary range after six
months ' service, and thereafter shall advance on the salary range
based on annual reviews .
(b) During the hours which the court is open for the transaction of
judicial business, the regular official reporter shall perform the
duties required by law. When not engaged in the performance of any
other duty imposed upon him or her by law, he or she shall render
stenographic or clerical assistance to the judge of the court to
which he or she is assigned as the judge may direct.
(c) The board of supervisors shall adjust the salary of regular
official reporters as part of its regular review of county employee
compensation. The adjustment shall be to that salary level closest
to the average percentage adjustment in basic salaries of the
county classes of superior court clerk, legal clerk, secretary and
clerk (experienced level) . The reporter salary adjustment shall be
effective on the same day as the effective date of the board' s
action as to all of the aforesaid county classifications, but for
official reporters of each municipal court district shall be
effective only until January 1 of the second year following the
calendar year in which the adjustment is made. The compensation of
each official reporter pro tempore shall remain at the rate
specified in subdivision (a) for the days he or she actually is on
duty until changed by the board of supervisors at the same time and
on the same basis as regular official reporters .
SECTION 3
There are the following classes of positions into which each of the
positions of the municipal courts shall be assigned as prescribed
in the section pertaining to each court:
(a) Deputy clerk-beginning level, which shall include all municipal
court employments assigned routine clerical tasks under continuous
immediate supervision.
(b) Deputy clerk-data entry operator I, which shall include all
municipal court employments at the entry level assigned to operate
data entry devices for the purpose of entering and verifying a wide
variety of data from coded or uncoded source documents .
(c) Deputy clerk-experienced level, which shall include all
municipal court employments assigned clerical tasks requiring
exercise of discretion as to methods and priorities and for which
supervision is available on a periodic basis only.
3
(d) Deputy clerk-data entry operator II, which shall include all
municipal court employments at the experienced working level
assigned to operate data entry devices for the purpose of entering
and verifying a wide variety of data from coded or uncoded source
documents.
(e) Deputy clerk-senior level, which shall include all municipal
court employments assigned complex clerical work involving
responsibility for the establishment, maintenance, calendaring,
issuance of process, and updating of case records using manual and
automated systems .
(f) Deputy clerk-specialist level, which shall include all
municipal court employments assigned clerical duties of a complex
administrative nature, requiring exercise of initiative and
discretion in work organization, methods, and priorities and which
may include lead direction of a work section.
(g) Deputy clerk-courtroom clerk, which shall include all municipal
court employments assigned clerical duties involving responsibility
for keeping the minutes of court proceedings and the processing and
maintenance of a variety of documents and records.
(h) Deputy clerk-division supervisor, which shall include all
municipal court employments assigned responsibility for planning,
organizing and directing the clerical activities of a division or
branch office in a municipal court including the supervision of
clerical staff.
(i) Court operations coordinator, which shall include
implementation of the calendar management and trial court delay
reduction program, as directed by the judges, supervisory and
management duties associated with the calendar management and trial
court delay reduction program, and being responsible for court
operations in the absence of the district court manager. Chief
deputy clerks holding such position on January 1, 1989, shall be
retitled court operations coordinator-A.
( j ) District court manager, which shall include any municipal court
position charged with the overall responsibility for managing and
supervising court clerical operations including courtroom duties .
Clerk-administrators holding such position on January 1, 1989 shall
be retitled district court manager A or B (Schedule A in a court
with five to seven judges, inclusive; Schedule B in a court with
two to four judges, inclusive) . Whenever the single district court
manager A position vacates, the salary shall be downgraded to that
currently paid to district court manager B. Whenever a district
court manager B position vacates, the salary shall be downgraded to
that currently paid to district court manager C (in a court with
two to four judges, inclusive) .
4
(k) Court probation officer, which shall include all municipal
court employments assigned to exercise the same powers and duties
of deputy probation officers with respect to the business of the
court.
{k-} (1) Court commissioner, which shall include all municipal court
employments who exercise the same powers and duties of judges of
the court with respect to traffic and small claims matters .
+4+ m) Executive secretary, which shall be assigned to serve as
the confidential secretary to the county municipal court
administrator.
+m+ (n) Deputy clerk-senior data entry operator, which shall
include all municipal court employments assigned to complex data
entry activities of a varied nature. Positions of this class may
assign and review the work of several deputy clerks-data entry
operator I or II .
+n+ o) County municipal court administrator, which shall be
responsible for the overall administration of all municipal court
judicial districts in the county.
+G+ JpL Assistant county municipal court administrator, which shall
be responsible for assisting in the overall administration of all
municipal court judicial districts in the county and may act for
the county municipal court administrator in his or her absence.
+p+LcLL Municipal court systems manager, which shall be responsible
for managing the development, implementation and enhancement of
court systems .
+q+ r) Municipal court fiscal officer, which shall be responsible
for planning, reviewing and coordinating fiscal and accounting
activities of the county's municipal courts .
+r4 (s) Municipal court training officer, which shall be
responsible for planning, reviewing and coordinating training and
educational activities of the county's municipal courts, and
related work as required.
+a+ (t) Municipal court management analyst, which shall be
responsible under general direction for planning, developing and
implementing projects and assignments for the county' s municipal
courts, and related work as required.
The board of supervisors may create a new class or classes by
specifying the number of positions for each new class and the
compensation therefor, provided that the new class or classes shall
be effective only until January 1 of the second year following the
calendar year in which the classes are created.
5
SECTION 4
Section 73353 of the Government Code is repealed.
34-F 1001
Salary
a y
r
___ b. j � lS • T o d oY
Glass Title j
Deputy Gle *.-Beginn, Level 1492-1
Deputy k.-Elx ee-r-leneed G---1-3599 1:766-214:7
Deputy Gle Level
G-1=992 2713
Deputy -x
GS 1287 --164-5-2000
Deputy Gr,-ju� - 1813-2203
Deputy
Deputy t 99m Gler-k 2621-3186
^r, ,- Manager---'A- 4915_5n75
E)4:r,tr!Gt Court,
a'^-Ing Of€leer 5-1973 3266-978
r,r,-nnA 4275
nalyst
Munielpal Geurnt Systems Manage- G5 37
^� X11$ 2v4-5
'760_ 71
MunlGipa�:--Geurc �=!BEB��1 e� cam- x ---�Tv- -T
Asslst_gn__t_G-uA'y�n-4--1pa ^--coarc
4804-5839
A-4 G1=2-543 Ui8 F
Mittistrater
6
SECTION 5
Section 73353 is added to the Government Code, to read:
73353 . Effective October 1, 1992, classes of positions provided in
Section 73351 are allocated to the salary schedule as follows :
Salary
Class Title Schedule Pay Level
Deputy Clerk-Beginning Level C5-1219 1537-1868
Deputy Clerk-Experienced Level C5-1390 1824-2217
Deputy Clerk-Senior Level XB-1553 2044-2609
Deputy Clerk-Specialist Level XC-1624 2194-2801
Deputy Clerk-DEO I C5-1317 1695-2061
Deputy Clerk-DEO II C5-1414 1868-2270
Deputy Clerk-Senior DEO C5-1487 2009-2442
Deputy Clerk-Courtroom Clerk C5-1785 2706-3290
Deputy Clerk-Division Supervisor C5-1830 2831-3441
Court Operations Coordinator-B C5-1986 3309-4022
Court Operations Coordinator-A C5-2083 3646-4431
District Court Manager-A C5-2382 4915-5975
District Court Manager-B C5-2272 4404-5353
District Court Manager-C C5-2132 3829-4654
Court Probation Officer C5-1885 2991-3636
Executive Secretary C3-1805 3044-3356
Municipal Court Training Officer C5-2003 3365-4091
Municipal Court Management Analyst C5-2077 3624-4405
Municipal Court Systems Manager C5-2146 3882-4719
Municipal Court Fiscal Officer C5-2144 3875-4710
Assistant County Municipal Court
Administrator C5-2389 4950-6017
County Municipal Court Administrator C1-2543 7018 F
7
SECTION 6
Section 73354 of the Government Code is amended to read:
73354 . Certain classifications in the municipal courts are deemed
to be equivalent in job and salary level to certain classifications
in the service of Contra Costa County and whenever the salary of a
classification in the service of Contra Costa County is adjusted by
the board of supervisors, the salary of the comparable
classification in the municipal courts shall be adjusted a
commensurate number of levels on the salary schedule. The
adjustment shall be effective on the same day as the effective date
of the action by the board of supervisors as it applies to the
county classifications, but the adjustment shall be effective only
until January 1 of the second year following the calendar year in
which the adjustment is made.
(a) The individual court class and equivalent county class or
relationship are as follows:
Court Class Equivalent County Class
Deputy Clerk-Beginning Clerk-Beginning
Deputy Clerk-Experienced Clerk-Experienced
Deputy Clerk-Senior Clerk-Senior
Deputy Clerk-Specialist Clerk-Specialist
Deputy Clerk-DEO I Data Entry Operator I
Deputy Clerk-DEO II Data Entry Operator II
Deputy Clerk-Senior DEO 7 .5% above Data Entry Operator II
Municipal Court Reporter Superior Court Reporter
Deputy Clerk-Courtroom Clerk 17 . 8% above Clerk-Specialist
(b) The municipal court classes listed below are designated
management classes and are eligible for all of the compensation and
benefit considerations that the board of supervisors may extend to
county management employees. Whenever the board of supervisors
adopts a general salary adjustment for county management classes,
the respective salary schedules of municipal court management
classes shall be adjusted by an equivalent percentage amount. In no
event shall the salary of Deputy-Clerk-Division Supervisor be less
than 2 . 5% above the salary of Deputy Clerk-Courtroom Clerk.
8
Management Positions :
Deputy Clerk-Division Supervisor
Court Operations Coordinator A
Court Operations Coordinator B
District Court Manager-A
District Court Manager-B
District Court Manager-C
Court Probation Officer
Executive Secretary
Municipal Court Training Officer
Municipal Court Management Analyst
Municipal Court Systems Manager
Municipal Court Fiscal Officer
Assistant County Municipal Court Administrator
County Municipal Court Administrator
(c) The class of court probation officer shall be allocated to a
five-step salary schedule in 5 percent incremental steps with the
top step equivalent to the top step of deputy probation officer
III . Upon appointment, a new court probation officer shall be
allocated to the first step of the salary schedule, except that an
appointee with exceptionally high qualifications and experience may
be appointed at a higher step with the board of supervisors '
approval.
+G+ (d)
Glass o€—Eeu r t Semi s s i ene r shall be al l e a ated—te—a five-step
salary BGhedule, in five peEGent inGremental steps with the fifth
step—equivalent to 85 -ereent of the salary a---she=i-eE GeHEt
on and subsequent 1, 198 a The class of court
commissioner shall be allocated to a three-step salary schedule, in
5 percent incremental steps with the third step equivalent to 85
percent of the salary of a municipal court judge in the County of
Contra Costa. Upon appointment, a new court commissioner shall be
allocated to the first step of the schedule, except that an
appointee with exceptionally high qualifications and experience may
be appointed at a higher step with the board of supervisors '
approval .
9
SECTION 7
Section 73357 is added to the Government Code, to read:
Municipal court judicial districts in the County of Contra Costa
may have no more than four court probation officers for all
districts in total . County probation officers shall be appointed
by a majority of the judges of the court, or by the presiding judqe
in a two-judge court, to which the court probation officer is
appointed. These positions report directly to of the judges of the
district to which they are appointed. Within the jurisdiction of
the court and under the direction of the judges, court probation
officers shall exercise all of the powers and perform all of the
duties of a deputy probation officer as prescribed by law.
SECTION 8
Section 73358 of the Government Code is amended to read:
The total number of positions authorized for operation of
municipal courts in Contra Costa County is as follows :
Number of
Class Title Positions
Deputy clerk-(deep class) , including beginning,
experienced, senior, and specialist levels 230
Deputy clerk-DEO I or II 26
Deputy clerk-senior DEO 4
Deputy clerk-courtroom clerk 18
Deputy clerk-division supervisor 15
Court operations coordinator A 2
Court operations coordinator B 2
District court manager-A 1
District court manager-B 2
District court manager-C 1
Court probation officer 4
Executive secretary .1
Municipal court training officer 1
Municipal court management analyst 1
Municipal court systems manager 1
Municipal court fiscal officer 1
Assistant county municipal court administrator 1
County municipal court administrator 1
93munict.P&S
10