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

RESOLUTION NO. 141 of 2020 DATED: August 25, 2020 RECOMMENDATION:

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:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 142 of 2020 DATED: August 25, 2020 RECOMMENDATION:

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:

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:

passed with Aye(9).(8/25/2020)

RESOLUTION VOTE, passed with Aye(9). (8/25/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 143 of 2020 DATED: August 25, 2020 RECOMMENDATION:

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:

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:

passed with Aye(9).(8/25/2020)

RESOLUTION VOTE, passed with Aye(9). (8/25/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact: