Supervisors BREH AND CALLERY offered the following Resolution and moved its adoption:

RESOLUTION ESTABLISHING ON-CALL RATE FOR PUBLIC DEFENDERS PROVIDING COUNSEL AT ARRAIGNMENT (100 % NYS CAFA GRANT, PUBLIC DEFENDER)

WHEREAS, Resolution 70 of 2017 authorized a grant application to the NYS Office of Indigent Legal Services for a Counsel at First Appearance (CAFA) Grant; and

WHEREAS, Resolution 421 of 2018 authorized acceptance of 2017-2019 “Counsel at First Appearance” (CAFA) grant from the NYS Office of Indigent Legal Services; and

WHEREAS, Resolution 104 of 2019 amended the 2019 adopted budget to include CAFA grant funds for the Public Defenders Office; and

WHEREAS, the Public Defender has requested the establishment of an “on-call” system to compensate Public Defender staff attorneys for necessary attendance at court arraignments during non-business hours utilizing said CAFA grant funds; and

WHEREAS, said on-call system costs, including fringe benefits are reimbursable through the CAFA grant; now, therefore be it

RESOLVED, That rates for staff attorneys in the Public Defender’s Office who are assigned on-call by the Public Defender to attend arraignments be established at the following rates effective July 8, 2019:

Proposed On-Call Rate Schedule:            
On-Call    $100.00 per day    
(September to June: 5:00 p.m.-9:00 a.m. weekdays, 9:00 a.m.- 9:00 a.m. Saturday and Sunday)
(July 1 to Labor Day: 4:00 p.m.- 9:00 a.m. weekdays, 9:00 a.m.-9:00 a.m. Saturday and Sunday)

Call-out (if required)    $200.00 per call-out        

and, be it further

RESOLVED, That the Public Defender and Assistant Public Defender, shall be eligible to participate in on-call, subject to being selected and assigned by the Public Defender; and be it further


Resolution No. 247 (Continued)

RESOLVED, That when called out, staff attorney’s on- call shall be eligible for mileage
reimbursement; 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: 14      Nays: 0   Absent: 6 (Supervisors Argotsinger, Born, Bradt, Handy, Howard, Waldron)

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