TO: | Public Safety Committee |
Brian D. Sweet, Chair, Legislator, District 2 John Thayer, Legislator, District 3 Robert Headwell, Jr., Legislator, District 4 Daniel P. Wilson, Legislator, District 5 Michael J. Pepe, Legislator, District 7 | |
FROM: | Cheryl Reese, Clerk of Legislature |
CC: | Legislators, County Attorney, County Treasurer, Public Defender, Media |
DATE: | 4/24/2024 |
RE: | Committee Meetings |
Chairman Brian D. Sweet has called a meeting of the Public Safety Committee for 6:02 p.m. on Tuesday, August 18, 2020 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York.
Members of the public may also listen to the meeting by calling 1-872-240-3311, Access Code 707-004-293. Minutes of the meeting will be transcribed and later posted on the Montgomery County website at www.co.montgomery.ny.us.
Items on the agenda, at this time, are as follows:
1. DISCUSSION
A. Privilege of Committee Chair, Committee Members & Legislators to discuss items of interest, etc., regarding departments governed by this Committee
2. RESOLUTION AMENDING 2020 OPERATING BUDGET AND ESTABLISH PART TIME POSITIONS (PUBLIC DEFENDER)
3. OTHER
Res. # | Sponsor/Second | Recommendation | |
141 | RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 4 OF 2020) - A LOCAL LAW CREATING THE DEPARTMENT OF ASSIGNED COUNSEL (COUNTY LEGISLATURE) | Pepe/Wilson | Move to Full Legislature |
142 | RESOLUTION ESTABLISHING POSITIONS AND AMENDING THE 2020 OPERATING BUDGET (ASSIGNED COUNSEL) | Pepe/Wilson | Move to Full Legislature |
143 | RESOLUTION AMENDING THE 2020 OPERATING BUDGET AND ESTABLISHING A PART TIME DATA OFFICER POSITION (PUBLIC DEFENDER) | Wilson/Pepe | Move to Full Legislature |
RESOLUTION NO. 141 of 2020 DATED: August 25, 2020 RECOMMENDATION: |
RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 4 OF 2020) - A LOCAL LAW CREATING THE DEPARTMENT OF ASSIGNED COUNSEL (COUNTY LEGISLATURE)
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WHEREAS, it is necessary to create a Department of Assigned Counsel to handle cases when the Public Defender's Office has a conflict; and
WHEREAS, a copy of this local law has been on the desks of the legislators for at least seven calendar days, exclusive of Sundays.
NOW THEREFORE BE IT RESOLVED, that Introductory Local Law No. E of 2020 (Local Law 4) entitled "A Local Law Creating the Department of Assigned Counsel" hereby is adopted and is incorporated as follows:
Be it enacted by the Montgomery County Legislature as follows:
Section 1: Purpose
The purpose of this local law is to create a Department of Assigned Counsel to handle cases when the Public Defender's Office has a conflict. The Department of Assigned Counsel shall ensure the provision of professional, skilled, ethical,and client-centered legal representation for all clients.
Section 2: Assigned Counsel Administrator
The Department of Assigned Counsel shall be under the direction of the Assigned Counsel Administrator who shall be an attorney appointed by the County Executive subject to confirmation by the Montgomery County Legislature. The Assigned Counsel Administrator's term of office shall be concurrent with the term of the County Executive. At the time of appointment and throughout the term of office, the Assigned Counsel Administrator shall be and remain duly licensed and entitled to practice law in the State of New York. The Assigned Counsel Administrator shall be appointed on the basis of required legal experience and other qualifications appropriate to the responsibilities of the office.
Section 3: Assigned Counsel Administrator Duties
The Assigned Counsel Administrator shall
Section 4: Insulation
The Assigned Counsel Administrator and all attorneys participating in the program shall at all times be free from direct and indirect partisan or other political pressure and influence in exercising their best professional judgment in providing services to qualified indigent persons. It shall at all times be the responsibility of the attorneys participating in the program to act in the best interests of the persons for whom they are rendering services.
Section 5: Severability
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Section 6: Conflict
To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.
Section 7: Effective Date
This law shall be effective upon recording with the Secretary of State.
RESOLUTION VOTE, passed with Aye(9). (8/25/2020)
I. Nature of Request:
RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 4 OF 2020) - A LOCAL LAW CREATING THE DEPARTMENT OF ASSIGNED COUNSEL (LEGISLATURE)
II. Justification:
It is necessary to create a Department of Assigned Counsel to handle cases when the Public Defender's Office has a conflict
III. Legislative Impact:
Section 2.04 (f) of the Montgomery County Charter grants the Montgomery County Legislature the authority to create by local law County administrative units not headed by elected officials.
IV. Financial Impact:
Initial funding for the Department of Assigned Counsel will be offset by the NYS Indigent Legal Services Grant.
cc: | County Clerk County Treasurer |
RESOLUTION NO. 142 of 2020 DATED: August 25, 2020 RECOMMENDATION: |
RESOLUTION ESTABLISHING POSITIONS AND AMENDING THE 2020 OPERATING BUDGET (ASSIGNED COUNSEL)
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WHEREAS, the Montgomery County Legislature authorized the creation of the Department of Assigned Counsel to oversee administration of assigned counsel; and
WHEREAS, the NYS Indigent Legal Services Grant provided the funds to offset the creation of the Department of Assigned Counsel; and
WHEREAS, it is necessary to appropriate funds and create positions of employment for the Department of Assigned Counsel.
NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby establishes the position of Assigned Counsel Administrator (PT) with a total salary of $65,000 (Group U in the non-bargaining Policy); and
BE IT FURTHER RESOLVED, that the Montgomery County Legislature hereby establishes the position of Secretary to the Assigned Counsel Administrator (PT) with a total salary of $15,593.76 (Group U in the non-bargaining Policy); and
BE IT FURTHER RESOLVED, that the Montgomery County Treasurer is authorized and directed to amend the 2020 Operating Budget as follows:
INCREASE REVENUES: | ||
A-23-3-3025-00 | Indigent Legal Services | $112,945.00 |
INCREASE APPROPRIATIONS: | ||
A-23-4-1171-.00-.1120 (NEW) | Assigned Counsel Administrator (PT) | $65,000.00 |
A-23-4-1171-.00-.1120 (NEW) | Assigned Counsel Admin. Secr. (PT) | $15,595.00 |
A-23-4-1171-.00-.4431 | Adolescent Crim. Defense Prof. Services | $10,000.00 |
A-23-4-1171-.00-.4433 | Court Related Expenses | $13,000.00 |
A-23-4-1171-.00-.4470 | Conferences/Training/Travel | $5,000.00 |
A-23-4-1171-.00-.4408 | Office Supplies | $4,350.00 |
A-10-4-9001-00-.8810 | FICA | $6,165.52 |
A-10-4-9001-00-.8820 | Retirement | $7,253.55 |
A-10-4-9001-00-.8830 | Worker's Compensation | $3,964.83 |
MOTION TO AMEND by Legislator Kelly, seconded by Legislator Pepe, to replace the second "BE IT FURTHER RESOLVED" clause as follows:
BE IT FURTHER RESOLVED, that the Montgomery County Treasurer is authorized and directed to amend the 2020 Operating Budget as follows:
INCREASE REVENUES: | ||
A-23-3-3025-00 | Indigent Legal Services | $130,329 |
INCREASE APPROPRIATIONS: | ||
A-23-4-1171-.00-.1120 (NEW) | Assigned Counsel Administrator (PT) | $65,000 |
A-23-4-1171-.00-.1120 (NEW) | Assigned Counsel Admin. Secr. (PT) | $15,595 |
A-23-4-1171-.00-.4431 | Adolescent Crim. Defense Prof. Services | $10,000 |
A-23-4-1171-.00-.4433 | Court Related Expenses | $13,000 |
A-23-4-1171-.00-.4470 | Conferences/Training/Travel | $5,000 |
A-23-4-1171-.00-.4408 | Office Supplies | $4,350 |
A-10-4-9001-00-.8810 | FICA | $6,165 |
A-10-4-9001-00-.8820 | Retirement | $7,254 |
A-10-4-9001-00-.8830 | Worker's Compensation | $3,965 |
passed with Aye(9).(8/25/2020)
RESOLUTION VOTE, passed with Aye(9). (8/25/2020)
I. Nature of Request:
RESOLUTION CREATING THE DEPARTMENT OF ASSIGNED COUNSEL , ESTABLISHING POSITIONS AND AMENDING THE 2020 OPERATING BUDGET (LEGISLATURE)
II. Justification:
The Montgomery County Legislature authorized the creation of the Department of Assigned Counsel to oversee administration of assigned counse
III. Legislative Impact:
Authorized pursuant to Article 2 of the Montgomery County Charter which grants the Montgomery County Legislature the authority to create positions and appropriate funds.
IV. Financial Impact:
Initial funding of the Department will be offset by the NYS Indigent Legal Services Grant.
cc: | County Clerk County Treasurer |
RESOLUTION NO. 143 of 2020 DATED: August 25, 2020 RECOMMENDATION: |
RESOLUTION AMENDING THE 2020 OPERATING BUDGET AND ESTABLISHING A PART TIME DATA OFFICER POSITION (PUBLIC DEFENDER)
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WHEREAS, Resolution 100 of 2020 accepted the NYS Indigent Legal Services Grant: State Wide Hurrel-Harring (2nd Year); and
WHEREAS, part of the funds are earmarked to establish a Data Officer (PT) position within the Public Defender's Office with a total salary of $37,000.00 (Group U in the non-bargaining Policy); and
WHEREAS, it is necessary to also approrpriate additional funds from the grant.
RESOLVED, that the Montgomery County Legislature hereby establishes the position of Data Officer (PT) to be established within the Public Defender's Office with a total grant salary of $37,000.00 (Group U in the non-bargaining Policy); and
FURTHER RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the Montgomery County Treasurer to amend the 2020 Budget as follows:
INCREASE REVENUES: | ||
A-28-3-3025-.50 | NYS Indigent Legal Services | $272,367.65 |
INCREASE APPROPRIATIONS: | ||
A-28-4-1170-.50-.1120 (NEW) | Data Officer (PT) | $37,000.00 |
A-28-4-1170-.50-4433 | Investigator Services | $14,047.26 |
A-28-4-1170-.50-4459 | Case Management Software | $2,025.00 |
A-28-4-1170-.50-4438 | Legal Reference/Subscriptions/Manual | $7,000.00 |
A-28-4-1170-.50-.4408 | Office Supplies | $4,000.00 |
A-28-4-1170-.50-.4471 | Mileage/Travel | $7,000.00 |
A-10-4-9001-00-.8810 | FICA | $2,830.50 |
A-10-4-9001-00-.8820 | Retirement | $3,330.00 |
A-10-4-9001-00-.8830 | Workers Compensation | $1,820.20 |
MOTION TO AMEND by Legislator Kelly, seconded by Legislator Thayer, to replace the FURTHER RESOLVED clause with:
FURTHER RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the Montgomery County Treasurer to amend the 2020 Budget as follows:
INCREASE REVENUES: | ||
A-28-3-3025-.50 | NYS Indigent Legal Services | $79,053 |
INCREASE APPROPRIATIONS: | ||
A-28-4-1170-.50-.1120 (NEW) | Data Officer (PT) | $37,000 |
A-28-4-1170-.50-4433 | Investigator Services | $14,047 |
A-28-4-1170-.50-4459 | Case Management Software | $2,025 |
A-28-4-1170-.50-4438 | Legal Reference/Subscriptions/Manual | $7,000 |
A-28-4-1170-.50-.4408 | Office Supplies | $4,000 |
A-28-4-1170-.50-.4471 | Mileage/Travel | $7,000 |
A-10-4-9001-00-.8810 | FICA | $2,831 |
A-10-4-9001-00-.8820 | Retirement | $3,330 |
A-10-4-9001-00-.8830 | Workers Compensation | $1,820 |
passed with Aye(9).(8/25/2020)
RESOLUTION VOTE, passed with Aye(9). (8/25/2020)
I. Nature of Request:
RESOLUTION AMENDING THE 2020 OPERATING BUDGET AND ESTABLISHING A PART TIME DATA OFFICER POSITION
II. Justification:
Grant funds need to be distributed.
III. Legislative Impact:
Pursuant to Article 2 of the Montgomery County Charter, the County Executive has the authority to create positions of employment and appropriate funds.
IV. Financial Impact:
Additional positions will initially be 100% State Funded. Increased appropriations are offset by grant funding - No initial financial impact to the County.
cc: | County Clerk County Treasurer |