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HomeMy WebLinkAboutMINUTES - 06231998 - C136 0.136 TO: BOARD OF SUPERVISORS Contra. FROM: PHIL BATCHELOR, County Administrator a Unty GATE: June 23, 1998 SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE CONTRA COSTA COUNTY SUPERIOR COURT ._................�..__. .. ..,............... ......................--- ............................. ---»--- SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIQN AUTHORIZE the County Administrator and the Auditor Controller to execute an agreement with the Presiding Judge of the Superior Court of Contra Costa County for the establishment of the Trial Court Operations Fund (Government Code section 77203.5) as an Agency Fund, for the transition of the court budget out of the County Budget,to clarify the financial;relationship between the County and the Court, and for the continuing provision of support services between the County and the Court. BACKGROUND Assembly Bill 233 enacted the Lockyer-Isenberg Trial Court Funding Act of 1997 which provides for state assumption of trial court operations costs and caps the counties' contribution to trial court funding based upon the amount of county general fund support and fine and penalty remittances in FY 1994-95. The new law substantially changes the funding relationship between the County and the Court and necessitates many administrative, budgetary and procedural chances in order to transition the Court into an independent, non-Board governed agency. The recommended memorandum of understanding (MOU) among the County, the Court and the Auditor-Controller lays the groundwork for the continuing relationship during the transition period and expresses the intent of the all the parties to work cooperatively in making the transition successful. The Board granted authority to the County Administrator to execute an MOU with the Court in January 1998. Since then, negotiations have occurred between the County Administrator's Office and the Court that have resulted in a MOU of benefit to bath the County and the Court. Among other things, the MOU provides a stable financial basis for the Court to maintain essential court operations. Under the agreement, the County will provide an advance of'funds to the Court to maintain basic Rule 810 court operations should State funds prove insufficient. The Court agrees to pay back any such advance from future State payments, and/or from; any additional State deficiency appropriation, and/or increased revenue generated by the Court. This arrangement should enable the Court to maintain its basic court operations and services to the citizens of this County. Therefore, it is asked that the Board once again grant authority to the County Administrator and the Auditor-Controller to enter into a new, revised MOU'. CONTINUED ON ATTACHMENT: YES SIGNATURE: --------__-----________RECOMMENDATION OF COUNTY ADMINISTRATOR C MMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ---------�-m- _ACTION OF BOARD ON June 23-1998 APPROVE A RECOMMEND --X— VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X UNANIMOUS(ABSENT - - - - - ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED June 23 1998 CONTACT: GEORGE ROEMER(925)335-1055 PHIL BATCHELOR,CLERK OF THE BOARD CC: COUNTY ADMINISTRATOR OF SUPERVISORS AND COUNTY AUDITOR-CONTROLLER ADMINISTRATOR CONTRA COSTA COUNTY SUPERIOR COURT COUNTY COUNSEL B + DEPUTY _. .............................................. MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND THE CONTRA COSTA COUNTY SUPERIOR COURT THIS MEMORANDUM OF UNDERSTANDING is executed this day of June, 1998, by and among the CONTRA COSTA COUNTY SUPERIOR COURT, CALIFORNIA, hereinafter referred to as COURT, the COUNTY OF CONTRA COSTA, hereinafter referred to as COUNTY, and Kenneth J. Corcoran as Contra Costa County Auditor-Controller, hereinafter referred to as AUDITOR-CONTROLLER, to provide a basis for the future relationship between the COURT and the COUNTY under the Lockyer-Isenberg Trial Court Funding Act of 1997 (Act). Sections 77200, 77201, 77203, 77205, 77212, 68073, 77001, 77003, and 77009 of the Government Code of the State of California and Section 1463 of the Penal Code lay the foundation for the transition from county to state-based budgeting of the trial courts of California, and for the redefinition of the COUNTY and COURT relationship. The COURT has advised the COUNTY that the State allocation for the COURT is not adequate to maintain court services at existing levels through June 30, 1998 and that there is concern the same will be true for fiscal year 1998-99. Moreover, there remains some uncertainty as to the financial implications that may result from issues still under consideration under the Act, e.g. Task Force on Trial Court Employees. In the interest of maintaining access to the courts by the citizens of this county, this Memorandum of Understanding among the COUNTY, COURT and the AUDITOR- CONTROLLER provides for the continuing relationship during the transition period and expresses the intent of all parties to work cooperatively in making the transition successful. Except as hereinafter specifically provided, it is not the purpose of the Memorandum to make substantial changes in the present operations of said organizations or in the services currently provided by one to the other. A. The COUNTY agrees to: 1. Continue to provide the COURT necessary and suitable facilities for judicial and court support positions created prior to July 1,, 1996. 2. Transfer title to the COURT of all furniture, furnishings and equipment used solely by the COURT on June 30, 1997, unless prohibited by contract, agreement, covenant or other provision in the taw. COURT shall provide the COUNTY within 90 days of the execution of this agreement with a complete listing of fixed assets for which title will be transferred and how the fixed assets were originally financed (grant-funded, County- funded, Pease-purchase, etc.). Page 1 3. Provide up to $5 million for the total project cost of additional court facilities and assist with the planning and development of such project and attendant parking facilities, working with the COURT, the General Services Department and the City of Martinez. 4. Forward county contributions to the state for trial courts as required by Sections 77201 and 77201.1 of the Government Code in a timely manner. 5. Assist the COURT in the transition of the COURT's budget (including personnel accounting matters)from the County Budget to the Trial Court Operations (Agency) Fund by July 1, 1998. 6. Advance funds to the COURT on an emergency basis due to cash deficiencies in the Trial Court Operations (Agency) Fund for fiscal years 1997-98 and 1998-99 up to a total of $1.5 million, with said advances to be reimbursed or otherwise satisfied by the COURT as hereinafter provided in Part C, below. "Cash deficiency" is defined as the difference between the COURT's actual CRC 810 costs and the State's funding allocation to the COURT for any given fiscal year. 7. Support the COURT's need for a State deficiency appropriation via the COUNTY's legislative delegation and encourage the Judicial Council to award additional funds to the COURT so that court operations can continue unimpeded through June 30, 1998 and throughout fiscal year 1998-99. 8. Transfer the balance as of January 1, 1998 of the 2% Automation Trust Fund to the Trial Court Operations (Agency) Fund. Expenditures of these funds shall be under the direction of the COURT. 9. Transfer the Probation Guardianship program to the COURT effective July 1, 1998. Staffing shall be provided by the probation Department through June 30, 1999 unless otherwise agreed upon by the COUNTY and the COURT. With the intent of phasing out COUNTY financial participation in the Guardianship program, the COURT shall submit the cost of same commencing in its fiscal year 1999-00 budget, with said costs at the current level being borne by the County until July 1, 1999. 10. Unless and until requested otherwise, continue to provide the COURT the same level of support services as previously provided, including Auditor- Controller services, coordination of telephone services, information technology services, procurement services, personnel and benefits administration services, affirmative action services, Treasurer-Tax Collector services, County Counsel services, facilities management Page 2 services and legal representation. The COUNTY shall bill the COURT at a rate that shall not exceed the cost of providing similar services to county departments and special districts. 11. Unless and until requested otherwise, continue to provide the COURT, pursuant to GC § 77212, with CRC 810 bailiff and other security services via the Sheriff s Department, and public defender and alternate defense services via the Public Defender as are covered by CRC 810. Such services are to be provided at levels mutually agreed upon by the COURT and the COUNTY (or providing Departments). The COUNTY (or providing Departments) shall bill the COURT at a rate that shall not exceed the limit specified in any written agreement entered into between said parties. With regard to the services referred to both in this paragraph and paragraph 10, above, the COUNTY recognizes that effective July 1, 1999, the COURT will have the option of securing such services from sources outside of the COUNTY. In the event the COURT opts to cease services provided by a COUNTY department or opts to obtain such services from another source, COURT shall provide written notice of termination at least 90 days prior. 12. Contingent upon the COUNTY's base year obligation being adjusted as requested in the COUNTY/COURT appeal on Judicial Benefits, continue to fund and provide the same level of local judicial benefits to judicial officers of the COURT, subject to the annual appropriation process of the County Board of Supervisors (provided that nothing herein shall relieve the COUNTY of its funding obligations under State laws and regulations). 13. Subject to the continued availability of supporting revenue generated by COURT-imposed fees, continue to fund four deputy probation officers for the Court's court probation program (the costs of which previously have been offset by revenue generated by the Court's Collection and Compliance Unit). 14. If determined to be legally allowable, transfer to the COURT all funds now, or in the past or future, collected pursuant to Government Code Sections 26863 and/or 88090.7 (Clerk's Records Automation Fund). B. The AUDITOR-CONTROLLER agrees to: 1. Establish the Trial Court Operations Fund (Government Code section 77203.5) as an Agency Fund for trial court operations, as authorized by the State Controller, and provide assistance in establishing a financial reportingstructure to facilitate successful budget management by the COURT and to assist the COURT in the preparation of quarterly Page 3 expenditure reporting required by the Judicial Council. All allocations and expenditures to and from this Fund shall be performed by the AUDITOR- CONTROLLER'S office under the direction of the Presiding Judge or designee. C. The COURT agrees to: 1. Maintain court operations at current levels or higher through June 30, 1999 and maintain such levels of operations in ensuing years as allowed by State allocations and any other available funding. 2. Maintain enhanced collection services of all court-related fees and fines and other county fees currently collected by the COURT and, accordingly, shall bill the COUNTY for the actual cost of these services or as otherwise provided by written agreement between the COURT and the COUNTY. The COURT recognizes that effective July 1, 1999, the COUNTY will have the option of securing such services from other sources. In the event the COUNTY opts to cease such services, COUNTY shall provide written notice of termination at least 90 days prior. 3. Continue to administer a civil assessment collection program in cooperation with the COUNTY and/or other collection agency, if retained by the COUNTY. Civil assessment revenues will continue to accrue to the COUNTY. The COUNTY agrees to pay all commissions and fees related to the collection program. Except as otherwise provided herein, increases or decreases in the civil assessment rate shall be negotiated by the COURT and the COUNTY. 4. Continue to administer the Child Support Enforcement Program (AB 1058) and charge the costs of that program directly to the COUNTY's Trial Court Programs/Family Law Programs (0202:2125) account. All costs for this program will be covered by grant revenues, which will also be deposited into the COUNTY's Trial Court Programs/Family Law Programs (0202:2125) account 5. Continue to administer indigent defense costs, including capital case costs, and charge those costs directly to the COUNTY's Trial Court Programs/Capital Cases (0202:2122) account and/or Trial Court Programs/Indigent Defense (0202:2123) account. An agreed upon administrative amount, relating to the foregoing, shall be charged by the COURT to the COUNTY's Trial Court Programs/Court Support Services (0202:2124) account. 6. Work with COUNTY staff to effectuate the transition of the COURT's Page 4 budget (including personnel accounting matters)from the County Budget to the Trial Court Operations (Agency) Fund by July 1, 1998, 7. Authorize the quarterly journal to the Trial Court Operations (Agency) Fund of any expenditures and/or revenues accruing to the COUNTY budget for CRC 810 costs on or after January 1, 1998, including but not limited to bailiff and other security services, public defender, conflict/alternate defense services and Countywide overhead charges. 8. In an effort to enhance the COUNTY's ability to advance funds to the COURT for cash deficiencies and/or to avoid the need for such funds: a. Increase the traffic civil assessment penalty from the current rate of $135 to the maximum of$250 and extend the application of the civil assessment penalty to termination of unsuccessful probations. The proceeds generated by said increase shall be credited against any advances made by the COUNTY to the COURT until all such advances are reimbursed or otherwise satisfiedbut, in any event, no later than June 30, 2000, and shall thereafter be distributed at a rate of 50% to the COURT and 50% to the COUNTY; b. Process the balance of unclaimed juror deposits to determine any amounts which may legally be transferred to the COUNTY and transfer the same to the latter; and C, To the extent necessary to avoid or reduce any COURT deficit, apply any unobligated portion of the 2% Automation Fund (approximately $120,000) to maintain current level of automated services. 9 Continue to develop automated court systems in cooperation with other justice system agencies and the County Justice Automation Advisory Committee (JAAC). 10. Reimburse any advance of COUNTY funds made to the COURT to cover cash deficiencies in the Trial Court Operations (Agency) Fund from quarterly State payments immediately following the advance or from any State deficiency appropriation to the COURT, until all amounts owed are reimbursed or otherwise satisfied. This agreement shall be binding upon, and inure to the benefit of, any assigns or successors of the parties hereto, including in particular any successor to the Contra Page 5 Costa County Superior Court by reason of the passage of Proposition 220 and ensuing action by the courts of this county. Phil Batchelor, County Administrator County of Contra Costa Peter Spinetta, Presiding Judge Contra Costa County Superior Kenneth J. Corcoran, Auditor-Controller County of Contra Costa Page 6