Resolution No. 526

 

Supervisor ARGOTSINGER offered the following Resolution and moved its adoption:

RESOLUTION AUTHORIZING ACCEPTANCE OF YEAR 2 AND 3 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 2 and Year 3 allocations for Caseload Reduction, Quality Improvement and Counsel at First Appearance as follows:

 

Year 2

Public Defender Caseload Reduction                                           $194,734.00

Public Defender Quality Improvement                                        $  15,417.00

Rural Law Quality Improvement                                                  $       339.00

Rural Law Caseload Reduction                                                    $       791.00

Assigned Counsel Caseload Reduction                                        $246,015.00

Assigned Counsel Quality Improvement                                      $    7,039.00

Joint Quality Improvement                                                           $  57,205.00

Joint CAFA                                                                                  $  46,022.00

Joint Caseload Reduction                                                             $  29,020.00

Total for Year 2                                                                          $596,582.00

 

                                                                                                             Year 3

Public Defender Caseload Reduction                                           $292,100.00

Public Defender Quality Improvement                                        $  23,125.00

Rural Law Quality Improvement                                                  $       509.00

Rural Law Caseload Reduction                                                    $    1,187.00

Assigned Counsel Caseload Reduction                                        $369,022.00

Assigned Counsel Quality Improvement                                      $  10,558.00

Joint Quality Improvement                                                           $  85,807.00

Joint CAFA                                                                                  $  69,034.00

Joint Caseload Reduction                                                             $  43,530.00

Total for Year 3                                                                          $894,872.00

 

and,

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 2 and Year 3 Grant funds for Caseload Reduction, Quality Improvement and Counsel at First Appearance as identified herein; and, be it further

RESOLVED, That once said Year 2 and Year 3 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 PERRY and adopted by the following vote:

Total:  Ayes: 18   Nays: 0   Absent: 2 (Supervisors Howard and Waldron)

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