Action 15.
Regular Board of Supervisors Meeting
Court Administration
- Meeting Date:
- 05/08/2012
- Title:
- Justice Court Enhancement Fund Revisions
- Submitted By:
- Kim Lemons, Board of Supervisors
- Department:
- Board of Supervisors
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Michael Ortega
TITLE
of PRESENTER:
of PRESENTER:
County Administrator
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Docket Number (If applicable):
Information
Agenda Item Text:
Adopt Resolution 12-13 modifying Section 5.2 of Exhibit 1 to Resolution 08-24, which modifies the Judicial Administrative Fee Schedule, to revise the procedures for approval and use of the Justice Court Enhancement Fund.
Background:
Recommendation: Staff recommends that the Board of Supervisors adopt Resolution No. 12-13.
Background: The BOS adopted Resolution 04-106 in 2004 establishing the Justice Court Enhancement Fund. The intent of this Fund was to provide a funding mechanism for capital investment relating to Justice Court facilities, furnishings and equipment. The use of this funding source for personnel was strictly prohibited and the prohibition was specifically mentioned in the resolution.
On April 29, 2008, the BOS adopted certain changes to the original resolution under Resolution 08-24. The revisions included elimination of the restrictive language prohibiting the use of Justice Court Enhancement Funds for personnel. During a subsequent budget meeting with the Court System, there was discussion about the use of these funds for hiring staff. The BOS basically directed the County Administrator to revise the language in Resolution 08-24 to again prohibit the use of these funds for any personnel. Subsequest to that direction, the BOS asked the County Administrator to develop language where the Enhancement Funds could be used for temporary personnel.
To that end, Resolution 12-13 is presented to you for consideration. The only change to the language is under Section 5.2:
Proposed language/changes shown in italics:
5.2
Justice Court Enhancement Funds. The Justice Court Enhancement Funds shall be established as a non-reverting special revenue fund for each Justice Court to provide the courts with supplemental funding for any expenditures as determined by the court and as approved by the Board of Supervisors.
The utilization of each Justice Court’s Enhancement Fund will be incorporated into the court’s fiscal year’s budget planning cycle. Each Justice Court will submit an enhancement fund decision package to the Board of Supervisors for approval.
When the need to utilize enhancement funds arises outside of the regular budget process, the Justice Court will submit its request through the Superior Court Presiding Judge for a recommendation, and to the County Administrator for approval.
Justice Court Enhancement Funds may be used to pay personnel costs only under the following conditions:
1)The employee must be a temporary employee
2)The need for the position must be based on a specific requirement or project, and
3)Approval is limited to one budget year, subject to subsequent renewal during the regular budget process.
The Enhancement Fund shall be used to supplement, but not supplant, budgeted funds. Interest earned on fund monies shall be deposited into the Fund. The Office of Court Administration will be responsible for record keeping of any expenditures from this Fund.
The above language provides flexibility to the Justice Courts, yet gives the BOS an opportunity to consider the use of Enhancement Funds on an annual basis.
Staff recommends the BOS adopt Resolution 12-13.
Background: The BOS adopted Resolution 04-106 in 2004 establishing the Justice Court Enhancement Fund. The intent of this Fund was to provide a funding mechanism for capital investment relating to Justice Court facilities, furnishings and equipment. The use of this funding source for personnel was strictly prohibited and the prohibition was specifically mentioned in the resolution.
On April 29, 2008, the BOS adopted certain changes to the original resolution under Resolution 08-24. The revisions included elimination of the restrictive language prohibiting the use of Justice Court Enhancement Funds for personnel. During a subsequent budget meeting with the Court System, there was discussion about the use of these funds for hiring staff. The BOS basically directed the County Administrator to revise the language in Resolution 08-24 to again prohibit the use of these funds for any personnel. Subsequest to that direction, the BOS asked the County Administrator to develop language where the Enhancement Funds could be used for temporary personnel.
To that end, Resolution 12-13 is presented to you for consideration. The only change to the language is under Section 5.2:
Proposed language/changes shown in italics:
5.2
Justice Court Enhancement Funds. The Justice Court Enhancement Funds shall be established as a non-reverting special revenue fund for each Justice Court to provide the courts with supplemental funding for any expenditures as determined by the court and as approved by the Board of Supervisors.
The utilization of each Justice Court’s Enhancement Fund will be incorporated into the court’s fiscal year’s budget planning cycle. Each Justice Court will submit an enhancement fund decision package to the Board of Supervisors for approval.
When the need to utilize enhancement funds arises outside of the regular budget process, the Justice Court will submit its request through the Superior Court Presiding Judge for a recommendation, and to the County Administrator for approval.
Justice Court Enhancement Funds may be used to pay personnel costs only under the following conditions:
1)The employee must be a temporary employee
2)The need for the position must be based on a specific requirement or project, and
3)Approval is limited to one budget year, subject to subsequent renewal during the regular budget process.
The Enhancement Fund shall be used to supplement, but not supplant, budgeted funds. Interest earned on fund monies shall be deposited into the Fund. The Office of Court Administration will be responsible for record keeping of any expenditures from this Fund.
The above language provides flexibility to the Justice Courts, yet gives the BOS an opportunity to consider the use of Enhancement Funds on an annual basis.
Staff recommends the BOS adopt Resolution 12-13.
Department's Next Steps (if approved):
If approved, staff will notify the Courts of the decision and will ask that any requests for staff using this provision be submitted immediately for inclusion in the budget presentation.
Impact of NOT Approving/Alternatives:
Fiscal Impact: The fiscal impact associated with this action will depend on the number of temporary staff that are requested by the Justice Courts. The final decision to approve the request will rest with the BOS. When these requests are made, staff will provide the associated dollar amount for consideration by the BOS as a part of the decision making process.
Impact of Not Approving: The current language contained in Resolution 08-24 would have to be changed to keep the original restriction on the use of this Fund to pay for personnel.
Impact of Not Approving: The current language contained in Resolution 08-24 would have to be changed to keep the original restriction on the use of this Fund to pay for personnel.
To BOS Staff: Document Disposition/Follow-Up:
Record Resolution 12-13 and provide copies to Court Administration.