HomeMy WebLinkAboutMINUTES - 06061995 - 1.49 `ly
T0: BOARD OF SUPERVISORS �" S'........
L Contra
?' ^'
Phil Batchelor, County Administrator Costa
FROM: ^
ov, •,�S
�Ay,�-,�•: .... :a County
DATE: May 31, 1995
LEGISLATION - SB 1284 (Senate Judiciary Committee) - OMNIBUS
SUBJECT: MUNICIPAL COURT PAY AND STAFFING BILL
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in SUPPORT of SB 1284, authored by the Senate
Judiciary Committee, which conforms State law to changes in the pay
and staffing of the municipal courts which have been made by the
boards 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 the
County who work for the Municipal Courts . State law requires 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 Senate Judiciary Committee has introduced SB 1284,
which includes the changes for a number of counties, including
Contra- Costa County. On March 7, 1995, the Board of Supervisors
agreed to co-sponsor legislation to effect these changes . Among
the changes which are required for Contra Costa County are the
following:
1 . A change- in Government Code S 73348 to adjust the salary for
official reporters to reflect the one percent salary increase
granted to most employees effective July 1, 1994 .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
'Lf, APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON June 60 1999 APPROVED AS RECOMMENDED OTHER
The Board AGREED to Co-sponsor SB 1284 .
VOTE OF SUPERVISORS
I 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.
ATTESTED June 6, 1995
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY y' /J i/) DEPUTY
-2-
2 . An amendment to Government Code § 73351 to correct an
oversight and properly reflect a class title change made by
the Board of Supervisors to retitle the class of Deputy Clerk-
Division Supervisor as Municipal Court Division Supervisors .
3. Changes to Government Code S 73353 to reflect the one percent
salary change approved by the Board of Supervisors for
Municipal Court employees effective July 1, 1994 .
4 . A change to Government Code Section 73358 to reflect the
reduction of one Municipal Court Division Supervisor and the
addition of one Municipal Court Collections Agent.
We anticipate that SB 1284 will still be amended to include the
salary increases approved by the Board of Supervisors effective
January 1, 1995, including the pay equity increases .
Since SB 1284 includes changes in the pay and staffing of Municipal
Court employees which have already been approved by the Board of
Supervisors, it is appropriate to indicate the Board' s co-
sponsorship of SB 1284 .
cc: County Administrator
Interim Municipal Court Administrator
Director of Human Resources
George Roemer, Senior Deputy County Administrator
Les Spahnn, Heim, Noack & Spahnn
Bank of California Building
770 L Street, Suite 960
Sacramento, CA 95814
i
AMENDED IN SENATE'APRIL 20, 1995
AMENDED IN SENATE MARCH 14, 1995
SENATE BILL No. 1284
Introduced by Committee on Judiciary (Senators Calderon
(Chair), Campbell, Lockyer, Marks, and Wright)
February 24, 1995
An act to amend Sections 69899.5, .70046 2, 73084.2, 73084.32
73084.4, 73084.5, X989; 3A9fr, a�74449 eP;ea-id to add
7a97;:2 te; the 73089, 73096, 73348, 73351, 73353, 73358, 73398,
73399, 13440, 73487, 73489, 73490, 73601, 73602, 73682, 73683,
73684, 73691, 73692, 73695, 73699 1, 73705, 73710, 73713, 73714,
73736, 73822, 73823, 17400E5, 74002, 74004, 74010, 74011, 74012,
74013, 74014, 74642, 74643, 74644.5, 74663, 74665, 74783, 74803,
74805, 74807, 74808, 74809, 74905, 74921.7, 74921,10, 74925.2,
74984, 74985, 74986, and 74987 of, to repeal Sections 73485,
73491, 73492, .73708, 73715, 73716.2, and 74809.5 of, and to add
.Sections 73075.2 and 74811 to, the Government Code, relating
to courts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1284, as amended, Committee on Judiciary. Courts:
,personnel.
(1) Existing law specifies the ��e€j€e ;affd e
`J ter, eaeh e€the 4 eetirt distriets establish
in Alamed-a. y- Existing law previde.s thftt mss.ift
the nwnber of nAe ef atien e€
eeepersenne4 aid ehanges itt eeffipeftsatieft faf effieial
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SB 1284 — 2 —
reperters-, as agreed to b-y a of judges_aftd the best
ofs; , aye e€feet a 3�-y
T4ti.s bid wetild spee the tittffiber-of fog the
eetrrt distriiets in -Alatnedft Getinty. The b44 weeld
a4se revise the euffiber erftd e ,,ss fieeof the epi elerks
for eertain of these eeeir distr�s-.fie W14weeld
a4se pro that the agieed to eha e �the m�e -
Of eempensatieft of aftd speeifie4.mtmieipa4I
eeert perseAnel wiR be it e€feet tintil januar 4-, 998
{�} Ekissog the eek. . .Ior effteied
Mtn la=
reportet the tim eedrts. the of -
T449
bideease
} number,- compensation, „and classf cation of court
personnel in specified counties
This bill would.revlse_,.the number, , compensation, and
classification of specified.courtpersonne.-m Alameda,'Contra
Costa; EI Dorado, Fresno; Imperial, Kern, Kings, >Nevada,
Orange, San Joaquin; Santa Barbara, Santa,,--.,Clara Shasta,
Stanislaus, Tulare, and Ventura Counties, thereby imposing a
state-mandated local program by requiring #.,higher level,of
service of existing local agencies
(2) The California Constitution .requires ; .the state to
reimburse local agencies and school districts for certain costs
mandated by ` the state. Statutory'., provisions establish
procedures for making that reimbursement including the -'
p g � - g
creation of a State Mandates .Claims Fund to pay,the costs of
mandates that do not exceed $1;000,000 statewide and other
procedures for claims whose statewide. costs, exceed
$1,000,000.
This bill would provide that, if the Commission on State
Mandates determines that the bill contains costs mandated by
the state, reimbursement for those costs shall be made
pursuant to these statutory provisions: .!
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes,
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- 15 — SB 1284
fficer of the 1 If the board of supervisors provides by ordinance o
-Union City 2 esolution for any increase in the number or rate f
:puty clerks: 3 mpensation of any municipal court personnel pur ant
4 to his section, that increase shall be effective on until
Mm clerk.. 5 Jan ry 1, 1998, and shall be effective at the s e time
F 6 and in he same manner as increases for Alam a County
court clerk. 7 employ es generally.
court clerk. 8 SEG- 7:
9 SEC. 9. ection 73096 of the Gove ment Code is
10 amended to r d:
itant I. 11 73096. Offici reporters of nicipal' courts in
12 Alameda County, in lieu of ariy other .compensation
13 provided by law for heir service in reporting testimony
• 14 and proceedings ins ch court shall receive one of the
.iicipal court 15 following:
16 (a) Two hundred se n ollars and sixty-three cents
officer. 17 ($207:63) a day for the ys they actually are on duty
pry II. 18 under order of the cou
19 (b) A'minimum pa ment one hundred three dollars
20 and eighty-two cent ($103.82) or serving,four hours or
Ls technician 21 less a day.'
22 (c) Regular. o icial court rep rters shall receive a
be assigned23 salary,vacation eave, and sick leave, 'n the same amounts
percentage 24 as the official porters of the Superio Court in Alameda
;es required 25 County as se forth in Alameda County alary Ordinance
7 26 for item n ber classification 1625.
27 Rates o compensation of regular officia eporters and
.ent Code is 28 official porters pro tempore may be adju ed by joint
29 action. nd approval of the board of supervi ors and a
supervisors, . 30 majo ty, of the judges of the court, provided, owever,
•ned within 31 tha any changes in compensation which ar made
_tles and pay 32 p suant to this section shall be on an interim bas and
ional deputy 33 , s all remain in effect only until January 1, 1998, u ess
,.is as deemed34, atified b statute by the Legislature prior to that date.
)on the court 35
he clerk and SEC. 10. ection 73348 of the Government Code is
rs, assistants, 7 to read..
it action and 38 73348. (a) In Contra Costa County, the annual salary
he judges in 39 of each regular official reporter shall. be based on a
county. OD
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I!
SB 1284 — 16 -
1
16 -
1 four-step salary plan with one-year increments. Effective
2 jafteary July 1, 1994, the four salary steps are as follows:
3 Step 1. Fk�lsix thetisand etre heed simty-&tw
II4 dollars ($4 } Forty-six thousand six hundred
jI 5 thirty-two dollars ($46,632) .
jI 6 Step 2. Fort e hundred
j� 7 s.."yEe ($48,468)- Forty-eight thousand nine i
i% 8 hundred sixty dollars ($48,960) .
9 Step 3. Kfty thettswid eight Imti-Anetyit
10 s {$59;892} Fifty-one thousand four hundred eight
11 dollars ($51,408)
12
Step4.
13es Fifty-three thousand :nine hundred
14 seventy-six dollars ($53,976) .
15 The step of entry to the above schedule shall be Step 1.
16 However,.the judges of the court may appoint a court
17 reporter to-a duly allocated exempt position-at a higher
18 step if, in the opinion of the appointing judge, an
19 individual to be appointed has the experience and
20 qualifications to entitle that individual to the higher
21 initial step, and if the higher initial salary has the approval
22 of the presiding judge of the court and the board of
j 23 supervisors,but in no case may the initial salary be above
24 _ the third step of the salary range. .Except as provided
25 below, official reporters shall advance to the next higher
26 step on the salary plan annually. The compensation of
27 each official reporter pro tempore shall be an amount
28 which is equivalent to 1.05 times the daily wage of the
29 fourth step in the salary range for full-time official
30 reporters in Contra Costa . County for each day the
31 reporter actually is on duty under order of the court
32 which per diem rate shall apply when an official reporter
33 is appointed pursuant to Section 869 of the Penal Code. ;
i' 34 Irrespective of the step of the salary- range to which
35 initially appointed, an official court reporter shall be
36 eligible for advancement to the next higher step in the
7
it 37 salary range after six months' service, and thereafter shall
�I 38 advance on the salary range based on annual reviews.
39 (b) During the hours which the court is open for the ;?"V&
40 transaction of judicial business, the regular official 941
1
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-- 17 — SB 1284
ts. Effective 1 reporter shall perform the duties required by law. When
s as follows: 2 not engaged in the performance of any other duty
d six-t�,/ 3 imposed upon him or her by law, he or she shall render
x hundred 4 stenographic or clerical assistance to the judge of the
5 court to which he or she is assigned as the judge may
h"ftdfed 6 direct.
?usand nine '.. 7 (c) The board of supervisors shall adjust the salary of
8 regular official reporters as part of its regular review of
retye 9 county employee compensation. The adjustment shall be
ndred eight 10 to that, salary level closest to the average percentage
11 adjustment in basic salaries of the county ,classes of
--d 12 superior,court clerk, .legal clerk, secretary, and clerk
le hundred 13 (experienced level) .The reporter salary.adjustment,shall
14 be effective on the same day as.the effective;date of the
X11 be Step 1. 15 board's action as to all of the aforesaid county
tint a court 16 classifications, but for official reporters of each municipal
-at a higher 17 court district shall be effective only until January l of the
judge, an 1$ second year following the calendar year in which the
,rience and 19 adjustment is made. The compensation of each official
the higher 20 reporter.pro tempore shall remain at the rate specified in
:he approval 21 subdivision (a) for the days he or she actually is on duty
ze board of 22 until changed by the board of supervisors at the same
Ty be above 23 time and on the same basis as regular official reporters. .
as provided 24 SEC. 11. Section 73351 of the Government Code is
next higher 25 amended to read.•
)ensation of 26 73351. There are the following classes of positions into
an amount 27 which each of the positions of the municipal courts shall
wage of the 28 be assigned as prescribed in the section pertaining to each
ime official 29 court:
ch day the 30 (a) Deputy clerk-beginning level, which shall include
)f the court 31 all municipal court employments assigned routine
�ial reporter 32 clerical tasks under continuous immediate supervision.
.enal Code. 33 (b) Deputy clerk-data entry operator I, which shall
ore to which 34 include all municipal court employments at the entry
ter shall be 35 level assigned to operate data entry devices for the
step in the 36 purpose of entering and,verifying a wide variety of data
:reafter shall 37 from coded or uncoded source documents.
1 reviews. 38 (c) Deputy clerk-experienced level, which shall
3pen for the 39 include all municipal court employments assigned
alar. official 40 clerical tasks requiring exercise of discretion as to
97- 97
ii
SB 1284 _ 18 -
1
18 --1 methods and priorities and for which supervision is
2 available on a periodic basis only.
3 (d) Deputy clerk-data entry operator II, which shall
I 4 include all municipal court employments at the
I 5 experienced working level assigned to operate data entry
6 devices for the purpose of entering and verifying a wide
7 variety of data from coded or uncoded source documents.
8 (e) Deputy clerk-senior level, which shall include all
9 municipal court.employments assigned complex clerical
10 work involving responsibility for the establishment,
11 maintenance,.,.calendaring, issuance of process, and
12 updating of case records using manual and automated
13 systems.
14 '(f) Deputy`clerk-specialist `level, whichshall include
15 all municipal court.employments assigned lead direction
16 of a work unit or` assigned clerical duties of a complex
17 administrative nature, requiring exercise`of initiative and
18 discretion in Iwork`organization; methods, and priorities.
i 19 (g) Deputy clerk-courtroom clerk,which shall include
20 all municipal court employments assigned clerical duties
21 involving responsibility for keeping the minutes of court
22 proceedings and the processing and maintenance of a
23 variety of documents and records.
24 (h) Municipal court division supervisor, `which shall
25 include all municipal court employments assigned
26 responsibility for planning, or anizin and directingthe g)
27 clerical activities of a division in a municipal court
i ' 28 including the supervision of clerical staff.
29 (i) Court operations coordinator I and II, which shall
30 include implementation of the calendar management
i
SII 31 and trial court delay,reduction program, as directed by.
G 32 :the judges, supervisory and management , duties
�f 33 associated with the calendar managementand trial court
34 delay,reduction program, and being responsible for court
II�(' 35 operations in the absence of the district court manager.
36 Chief deputy clerks holding the .position. on January 1,
�! 37 1989, shall be titled court operations coordinator II.
38 (j) District court manager; which shall include any
39 municipal court position charged with the overall
40 responsibility for managing and supervising court clerical
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- 19— SB 1284
)ervision is 1 operations including courtroom duties. District court
2 manager III has administrative responsibility �
which shall 3 ttenjudieia4 &taff ift #we des managing a�i'd
its. at the 4 supervising court clerical operations including
data entry 5 courtroom,duties. District court manager II is assigned to
ying a wide 6 a court with,five judges or more. District court manager
3ocuments. 7 I is assigned to a court with no more than four judges.
include all 8 (k) Court probation officer, which shall include all
►lex clerical 9 ' municipal court employments assigned to exercise the
iblishment, 10 same powers and duties,of deputy probation officers with
-ocess, and 11 respect to the business of the court.
automated 12 (l). Court commissioner, which . shall include all
13 municipal court` employments who exercise the same
call include' 14 powers and duties of judges of the court with. respect to
A direction
15 traffic and small.claims matters.
acomplex 16 '(m) Municipal court program assistant, which shall be
itiative and 17 assigned to serve as the confidential secretary to the
i priorities: 18 county municipal court administrator.
hall include19 (n) Countymunicipal court administrator, which shall
Tical duties l 20. be responsible for the overall administration of all
tes of court 21 municipal court judicial districts in the county.
nance of a 22 (o) Municipal court systems. and facilities manager,
23 which shall be responsible for managing the
which shall 24 development, implementation, and enhancement of
:s assigned 25 court systems, and related work as required.
#
recting the 26 (p) Municipal court fiscal and administrative
cipal court 27 manager, which shall be responsible for planning,
28 reviewing, and coordinating fiscal. and accounting
which shall 29 activities of the county's municipal courts, and. related
anagement 30 work as required.
3irected by 31 (q) Municipal court operations and training manager,
:nt"; duties 32 which shall,be responsible for planning, reviewing, and
I
trial court 33 coordinating.,training and educational activities of the
)le for court 34 county's municipal courts, and related work as required.
't manager. 35 (r) Municipal court management analyst, which shall
January 1, 36 ` be responsible under general direction for planning,
itor II. 37 developing, and implementing projects and assignments
nclude any 38 for the county's municipal courts, and related work as
.he overall 39 required.
)urt clerical 5`
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SB 1284 — 20 —
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20 —R 1 (s) Municipal court accounting specialist, which shall
2 be responsible for assisting the municipal court fiscal and
3 administrative manager with departmental budgetary
4 and accounting activities, and for coordinating the
5 day-to-day activities of the court collections unit.
�I 6 (t) Municipal court , elle.,tio collections agent, which
I� 7 shall be responsible for intensive collection efforts onQ
. 8 delinquent court accounts.
9 The board of supervisors may create a new class or
10 classes by specifying the number of positions for each new
11 class and the compensation therefor, provided that the
12 new class or classes shall-be effective only until January,l
13 of the second year following the;calendar year in which
.14 the classes are ..created; unless the, change has been
15 incorporated into this.article.
16 SEC. 12. •Seetion, 73353 of the, Government Code is
17 amended to'read•
!i 18 73353. Effective Janttafy. July 1, 1994, classes of,
19 positions provided in Section 73351 are allocated to the
20 salary schedule as follows:
21
22 wry. Pfty
23 Gass TWe Sehedule mel
24 Depmet G&AM9 585 E.
25 Deptity GlerkLExperie heyel G5439 i83�
26 tyelSeniore� $A�4�46A9
j 27 Deputy Glerk./Spt $2RIL21$86
28 Ger-1 9 I 695/206i
29 Deputy Gler-64DEG 14 G5,4411 186"270
30 e G $792
31 c Gperatieits Geerdinatff 14 G5$e831 ;3646,E
32 Gettrt Operatiens Geerdittatef I G54986 33991-4e22
33 met Gettrt Nim4ager H4 LBxig 6.1,%F
1 34 Distriet Fes' Memager 14 65 458W-5515
ji 35 Pistr44 Getirt Merger I 2 . 3945"x790
36 Gem Prebatie 8ffieer" G5388246
i
37 Monieipied Getirt Gelleetieft Agent G5,41 $393 999
39 Munieipal Getirt men Superviser ', - GAA841 28623479
i! 40 Munieipa4 Geurt ftt 654847 $880,4qAee
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which shall 1Munieipal, eratetrs aid
rt fiscal and 2 Trrftining
budgetary 3 N%nieipal Gettr-tN4at w:effi Analyst G5410q &744.1452399
hating the 4 N4"ieipal Court gystefns
.snit. 5 N4 ger-
gent, which 6 A4uniei
i efforts on 7 G54199 4094AI976
8 N4ttttieipal Getwt Adffr— Gb42573 723-1 F
ew class or g
)r each new 10 Salary Pay
ed that the 11 Class Title Schedule Level
3l January-1 12 Deputy Clerk-Beginning Level C5:4260 1601-1947
ar iri Which 13 Deputy Clerk-Experienced Level C54404 1849-2248
X: has been14 Deputy Clerk-SeniorLevel XB-4563 2464-2636
15 Deputy Clerk-Specialist Level XC-1669 22952931
'nt Code is 16. Deputy Clerk-DEO I C5-1327 1712-2081
17 Deputy Clerk-DEO II C5-1424 1887-2293
classes of 1$ Deputy.clerk-Courtroom Clerk C5-1826 2820-,3427.
gated to the WP 19 Court Operations Coordinator II C52093 3682-4476
20 Court Operations Coordinator I C5-1996 3342-4062
21 District Court.Manager III CI 2422 6218 F
22 District Court Manager II C5-2312 45835571
Lev 23 District Court Manager'I C5-2177 4005-4868
24 Court Probation Officer C5-1930 3129-3803
25 Municipal Court Collection Agent C5-1672 2417-2938
$844/9 26 ' Municipal Court Accounting Specialist XB-1765 2524--3223
27 Municipal Court Division Supervisor C5-1851 2891-3514
28 Municipal Court Program Specialist C5-1857 2908-3535
29 Municipal Court Operations and
T 30 Training Manager C52043 3503-4258
W 44 31 Municipal Court Management Analyst C5-2117 37794584
32 Municipal,Court Systems and Facilities
6156 F 33 Manager C5s2186 4041-4912
.34 Municipal Court Fiscal and
35 Administrative Manager C52209 4135-5026
36 County Municipal Court Administrator C1 2583 7304 F
iia 37
38 SEC. 13. Section 73358 of the Government Code is
;{ 39 amended to read-
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SB 1284 — 22 -
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73358. The total number of positions authorized for
1
p _
2 operation of municipal courts in Contra Costa County is
3 as follows:
i 4
S Number of
'!I 6 Class Title Positions
phi 7 Deputy clerk-(deep class), including beginning, Y .
8 experienced, senior, and specialist levels 230
9 Deputy clerk-DEO I or II 26
10 Deputy clerk-courtroom clerk 18
11 Court,operations coordinator II 2
12 Court.operations coordinator I 2
13 . District,court manager III 1
14 ; District court manager II 2
15 District`court II manager I 1
16. Court Probation robation officer 4
17 Municipal court division supervisor iii
i
18 14
19 Municipal court accounting specialist 1
20 Municipal court collections agent 2
21 Municipal court program assistant 1
22 Municipal court operations and training.manager 1
23. Municipal court management analyst 1
j 24 Municipal court systems and facilities manager: 1
�I
25 Municipal court fiscal and administrative manager i
26 County municipal court administrator 1
27
2 SEG. 14. Section 73398 of the Government
is
29 ended to read.•
8. There shall be one clerk of court, known as
31 the. fiistrater court e utive,,officer/clerk of
32 the court, w shall be a rated by-and, serve at the
33 pleasure of the m ' of the judges of both municipal
34 and superior co s. e elegy court
E 35 executive offi r/clerk oft urt shall,receive a salary
36 sperm ' M-.0 as provide law.
37 SEC 5. Section 73399 of the Go ver nt Code is
1,l 38 ded to read.•
39 73399. (a) The . court execute -�
officer/clerk of the court may appoint:
97