Supervisors GROFF, CALLERY AND ARGOTSINGER offered the following Resolution and moved its adoption:

RESOLUTION AUTHORIZING APPLICATION AND ACCEPTANCE OF YEAR 1 INDIGENT LEGAL SERVICES GRANTS FOR CASELOAD REDUCTION, QUALITY IMPROVEMENT AND COUNSEL AT FIRST APPEARANCE (PUBLIC DEFENDER)

WHEREAS, following the landmark “Hurrell-Harring” legal settlement by the State of New York, the NYS Indigent Legal Services Commission (ILS) has embarked on a set of measures to bring each County into compliance with the court-ordered settlement guidelines; and

WHEREAS, each County must prepare and implement a transition plan for its Public Defender’s Office and Assigned Counsel plan in order to receive State grant funds for increased staffing, monitoring and other new costs; and

WHEREAS, the Public Defender has submitted a proposed transition plan to the NYS Office of Indigent Legal Services and has been notified that Fulton County has been awarded Year 1 allocations for Caseload Reduction, Quality Improvement and Counsel at First Appearance as follows:

Public Defender Caseload Reduction           $97,366.60
Public Defender Quality Improvement            $7,708.40
Assigned Counsel Caseload Reduction      $123,007.20
Assigned Counsel Quality Improvement         $3,519.40
Joint Quality Improvement                             $26,602.20
Joint CAFA                                                     $23,011.20
Joint Caseload Reduction                              $14,510.00
Total for Year 1                                             $295,725.00

WHEREAS, the grant is anticipated to be a five-year distribution from the Indigent Legal Services Fund in an amount up to $4,465,875.00 for the period April 1, 2018 through March 21, 2023; now, therefore be it

RESOLVED, That the Chairman of the Board be, and hereby is, authorized to execute a Grant Agreement with the NYS Indigent Legal Services Commission to accept Year 1 Grant funds for Caseload Reduction, Quality Improvement and Counsel at First Appearance as identified herein;

and, be it further

RESOLVED, That once said Year 1 Plan is formally approved by ILS, the Public Defender will return to the Board of Supervisors with appropriate budget amendments for anticipated personnel changes, fringe benefits and equipment/supplies; and, be it further 

RESOLVED, That said agreement shall be subject to further review by the appropriate committee of this Board of Supervisors in the event of any changes/reductions to State revenues, in order to make necessary budget amendments and/or contract amendments; and, be it further

RESOLVED, That the Public Defender and the Personnel Director do each and everything necessary to further the purport of this Resolution; and, be it further

RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Public Defender, Personnel Director, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.

Seconded by Supervisor SELMSER and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Breh, Lauria, Rice and Waldron)

Resolutions