HomeMy WebLinkAboutMINUTES - 04161996 - C69 TO: BOARD OF SUPERVISORS IOC-04 . Contra
� SEL
r
FROM: INTERNAL OPERATIONS COMMITTEE Costa
Count
y
DATE: April 1, 1996 T` Ddu'
SUBJECT: STATUS REPORT ON ISSUES INVOLVING THE LAW LIBRARY BOARD
OF TRUSTEES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. DIRECT County staff to continue to meet with the Law Library Board of
Trustees on the issues of payment of occupancy costs and space costs and
crediting of interest earnings to the Law Library Trust Fund.
2. REQUEST the Law Library Board of Trustees to respond to the settlement
proposal forwarded to them by the County Counsel's office in 1995.
3. REQUEST the County Administrator to report to the Internal Operations
Committee on what sources of revenue fund the Law Library, how much
revenue the Law Library receives on an annual basis and what authority the
Board of Supervisors has over the level of revenue going to the Law Library.
BACKGROUND:
Carol Chan from the County Administrator's Office outlined some of the history of
this issue. The two issues are whether the County can require the Law Library
Board of Trustees to pay the occupancy costs on the space they occupy in the Bray
Courthouse Annex and whether the County is required to pay interest to the Law
Library on the funds deposited in the Law Library's trust fund.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OT R
SIGNATURE(S): G YLE RI.1: JIM RflG ERS
ACTION OF BOARD ON Apd! 16, 1996 APPROVED AS RECOMMENDED X 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.
ATTESTED April 16, 1996
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: SUP R ND COUNTY ADMINISTRATOR
See Page 2
BYZ111 _2
IOC-04 •{�
It is clear that the County cannot require the Law Library Board of Trustees to pay
for the actual cost of the space they occupy. Paying for occupancy costs is less
clear. The Law Library occupies 14.3% of the space in the Bray Courthouse Annex.
The Board of Trustees has been asked to agree to pay their proportionate share of
the occupancy costs, which would total about $40,000 annually, whereas the Law
Library's proportionate share of the debt service would come to about $205,000.
However, any expenditures from the trust fund maintained for the Law Library require
the consent of the Board of Trustees for the Auditor-Controller to make payment;
hence, the Board of Trustees must agree to pay even for occupancy costs before the
Auditor-Controller will transfer the funds.
The other issue is whether the Law Library is entitled to retain the interest on the
funds deposited in its trust fund. A settlement of these two issues was proposed to
the Board of Trustees in April, 1995 and remains with them to date. It is hoped that
with the arrival of the new Law Librarian, consideration of the settlement offer can
again be actively undertaken by the Board of Trustees.
In response to a question from Supervisor Bishop regarding how this is handled in
other counties, Ms. Chan noted that in Santa Clara County the Law Library acquired
a separate building and is responsible for all of its costs. In San Mateo County, the
County purchased a separate building for the Law Library and pays all costs. In
Alameda County, the County obtained a building across the street from the
Courthouse. The Law Library uses one floor of that building and pays for the costs
up to an agreed upon maximum. If costs exceed that maximum the County covers
all of the remaining costs.
In response to a question from Supervisor Rogers, Ms. Chan noted that the Law
Library receives its funding from a portion of the civil filing fee which goes into a
separate fund for the Law Library. She noted that as of the end of the 1995-96 fiscal
year, the Law Library fund had a balance of $698,000, all of which the Board of
Trustees maintains is needed for future expenditures associated with the Law Library
and none of which can be used to pay for the space which the Law Library occupies.
Our Committee has asked that staff clarify exactly how the revenue stream works,
how much of each civil filing fee the Law Library receives and what authority the
Board of Supervisors has over the level of funding going to the Law Library.
cc: County Administrator
Law Librarian
Auditor-Controller
General Services Director
County Counsel
De Bell, Deputy County Administrator
-2-
Contra
TO: INTERNAL OPERATIONS COMMITTEE �� ,nbacn ,:. ' -Costa
�,
FROM: Phil Batchelor,County Administrator coo , - ,.�c3v Count
srq c
DATE: April 1, 1996
SUBJECT: LAW LIBRARY-OCCUPANCY COSTS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATION(Sl:
ACCEPT this report on the status of discussions between the Law Library Board of Trustees and County staff on the
issues of payment of occupancy and space costs and credit of Law Library interest earnings;DIRECT County staff
to continue to meet with the Law Library Board of Trustees to reach an agreement on occupancy costs.
BACKGROUND)RF,ASON(S)FOR RECOMMENDATION(S):
Since the time of the last status report to your Committee on August 7, 1995, the Law Law Library Board of Trustees
and the County have agreed to extend the Tolling Agreement,which tolled the statue of limitations on the respective
claims of each party,to June 30, 1996. Also subsequent to the August report, Law Librarian Jean Steffensen retired
and a new Law Librarian, Philleatra Gaylor,has been selected. The April 5, 1995 proposal developed by County
Counsel for settlement of issues related to interest earnings and occupancy costs is still under consideration by the
Law Library Board of Trustees. Staff will provide a report on this matter back to the Internal Operations Committee
when a response is received from the Law Library Board of Trustees.
CON ED ON ATTACHMENT: _YES No SIGNATURE:
RECOMME TION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE
_APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY T THIS IS
UNANIMOUS(ABSENT 1 A TRUE AND CO COPY OF
AYES: NOES: AN ACTION TA AND ENTERED
ABSENT: ABSTAIN: ON MINUTE F THE OF THE BOARD
OF SUPE SOBS ON THE DATE SHOWN.
A STED
PHIL TCHELOR,CLERK OF
THE BOA OF SUPERVISORS
Contact Carol Chan,646-1021 AND COUN DMINISTRATOR
cc:CAO
County Counsel
Law Library Board of Trustees
BY D TY