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HomeMy WebLinkAboutMINUTES - 06111996 - SD3 S.D. 3 TO: BOARD OF SUPERVISORS IOC-05 _ Contra FROM: INTERNAL OPERATIONS COMMITTEE s s Costa County �. DATE: June 3, 1996 SUBJECT: REPORT ON THE FUNDING OF THE LAW LIBRARY SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. DIRECT the County Administrator and County Counsel to negotiate an agreement with the Law Library Board of Trustees which would provide for the following: ❑ DECLARE the intent of the Board of Supervisors to increase the Law Library fee pursuant to Business & Professions Code Section 6322.1, effective January 1, 1997, providing that the Law Library Board of Trustees agrees to utilize the proceeds from this increase for the following purposes: ✓ Payment by the Law Library Board of Trustees of building occupancy costs, including maintenance, utilities and debt service, effective January 1, 1997, in an amount equal to the amount generated by the January 1, 1997 increase in the Law Library fee. ❑ Settlement of the retroactive claims for past unpaid occupancy costs and for interest on the Law Library trust fund on terms which are mutually acceptable to both parties. 2. AUTHORIZE the Internal Operations Committee to meet with the Board's appointees to the Law Library Board of Trustees once a response has been received from the Board of Trustees to further consider the terms of an agreement and to make a further report to the Board of Supervisors. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): R."'.'AGA/1 11�11 ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER june I 1, 1996 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. County Administrator ATTESTED June 11, 1996 Contact: Law Librarian 4fLOR,CLERK OF THE BOA D OF cc: County Clerk-Recorder AD N1 TR OR Auditor-Controller County Counsel Carol Chan, CAO's Office B SID . 3 • IOC-05 BACKGROUND: On April 16, 1996, the Board of Supervisors approved a report from our Committee which directed the County Administrator to report to our Committee on the sources of revenue which 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. Our Committee also asked to meet with the Board's appointees to the Law Library Board of Trustees to discuss these issues. On June 3, 1996, our Committee met with Mr. Skaggs and Mr. Del Simone, as well as the new Law Librarian, Philleatra Gaylor, and staff from the Auditor-Controller's Office, County Counsel's Office and County Administrator's staff. Staff reports that the current Superior Court Law Library fee is $20 per first paper in civil cases, $18 for Municipal Court civil filings where the amount being sought is $5,000 or more and $10 for Municipal Court civil filings where the amount being sought is $5,000 or less, other than small claims cases. The total civil filing fee in Superior Court is $182 and in Municipal Court the total civil filing fee, except for small claims cases, is $80. The filing fee in small claims cases may be $15.00 or $30.00, depending on the number of claims filed within the previous 12 months. No portion of the small claims filing fee goes to the Law Library. The Board of Supervisors has the authority to increase the Law Library fee by no more than $3 per year where the Law Library fee is exempted from the definition of "total filing fee" and by no more than $5 per year where the Law Library fee is included within the definition of"total filing fee". Such an increase can only be made effective January 1 of any year. This increase can only apply to actions and proceedings in which a claim for money damages exceeds the monetary jurisdiction of small claims court. The Law Library fee where a claim for money damages falls within the monetary jurisdiction of small claims court cannot exceed the law library fee in effect January 1, 1990. Through the first 10 months of the current fiscal year, the Law Library has been credited with approximately $600,000 in revenue and has spent approximately $600,000, leaving the Law Library Trust Fund with an unencumbered balance of $488,791 as of May 14, 1996. Mr. Del Simone and Mr. Skaggs indicated that the bulk of the balance in the trust fund will be used to automate the Law Library. It is anticipated that this automation project will require at least $300,000. Mr. Skaggs also noted that the Law Library fees tend to be increased only periodically. After the fee increase takes place expenditures tend to increase up to the level of the fee over a period of years. Therefore, the Law Library needs a balance in the trust fund to cover expenditure increases which occur before a new fee increase is approved. It has been noted previously that the Board of Trustees has concluded that it cannot afford to pay for the Law Library's occupancy costs. These costs total approximately $41,000 for utilities and maintenance plus $202,000 for debt service on the building, for a total of about $244,000 a year for the Bray Courthouse Annex. There is an additional amount of approximately $10,000 a year for occupancy costs at the Richmond County building for the Law Library annex. The Board of Trustees is also seeking interest on the Law Library Trust Fund for years prior to 1993 in an amount which totals approximately $700,000. The County -2- S� • 3 • IOC-05 t has resisted agreeing to pay these costs on the basis that the statute of limitations has run, a position with which the Board of Trustees disagrees. Interest has been credited on the Trust Fund since July 1, 1993. Our Committee is exploring the possibility of recommending that the Board of Supervisors agree to increase the Law Library fee by $3.00 per filing in both Superior and Municipal Court, with the understanding that in return the Board of Trustees will agree to dedicate the proceeds from this $3.00 to paying for some or all of the occupancy costs, including debt service. If such an arrangement is acceptable to the Board of Trustees and if the other outstanding issues can be resolved satisfactorily, then we would like to move ahead with such an agreement. -3-