TO:Public Safety Committee
Chad J. Majewski, Chairman, Legislator, District 6
Martin P. Kelly, Legislator, District 1
Brian D. Sweet, Legislator, District 2
Herbert T. Allen, Legislator, District 3
Robert Headwell, Jr., Legislator, District 4
Daniel P. Wilson, Legislator, District 5
Michael J. Pepe, Legislator, District 7
Maria Kowalczyk, Legislator, District 8
Robert A. Purtell, Legislator, District 9
FROM:Patricia J. Beck, Clerk of the Legislature
CC:Legislators, County Attorney, County Treasurer
DATE:5/8/2024
RE:Committee Meetings

Chair Chad Majewski has called a meeting of the Public Safety Committee for 6:06 PM on Tuesday, March 19, 2024 in the Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY.

Minutes of the meeting will be 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 THE 2024 OPERATING BUDGET AND ADDING A FULL TIME ASSISTANT PUBLIC DEFENDER (PUBLIC DEFENDER)

3. RESOLUTION AMENDING 2024 OPERATING BUDGET WITH FORFEITURE  MONEY (DISTRICT ATTORNEY)

4. OTHER



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
113

RESOLUTION AMENDING THE 2024 OPERATING BUDGET AND ADDING A FULL TIME ASSISTANT PUBLIC DEFENDER (PUBLIC DEFENDER)

Kowalczyk/PepeMove to Full Legislature
114

RESOLUTION AMENDING 2024 OPERATING BUDGET WITH FORFEITURE  MONEY (DISTRICT ATTORNEY)

Purtell/WilsonMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 113 of 2024

DATED: March 26, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2024 OPERATING BUDGET AND ADDING A FULL TIME ASSISTANT PUBLIC DEFENDER (PUBLIC DEFENDER)


Resolution by Legislator: Kowalczyk
Seconded by: Pepe

WHEREAS, the Montgomery County Public Defender’s Office has been advised by the New York State Indigent Legal Services (NYS ILS) of funds available for an additional FT Assistant Public Defender position; and

WHEREAS, the NYS ILS has oversight of all public defense in NYS and has established caseload maximum standards regarding the number of cases that should be handled by each Public Defender; and

WHEREAS, due to the ever increasing workload, the attorneys who handle Amsterdam City Court have reached and/or exceeded the maximum caseload; and

WHEREAS, the Public Defender respectfully requests the addition of a grant funded Assistant Public Defender FT to be established with a base salary of $86,005, Grade I of the Non-Bargaining Personnel Policy; and

WHEREAS, should the grant funding for this position be reduced and/or end the position shall be eliminated; and

RESOLVED, that the Montgomery County Legislature hereby establishes one additional full time Assistant Public Defender with a base salary of $86,005 Grade I in the non-bargaining policy.

FURTHER RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the Montgomery County Treasurer to amend the 2024 budget as follows:

INCREASE: 

A-28-3025-50               Indignet Legal Services - Grant        $ 113,142               

INCREASE: 

A-28-4-1170-.50(NEW)

         Assistant Public Defender FT

                  $71,233

A-10-4-9001-00.8810  

         FICA 

                     $5,449

A-10-4-9001-00.8820 

         Retirement 

                     $5,841

A-10-4-9001-00.8830  

         Workers Compensation

                     $3,659

A-10-4-9001-00.8850 

         Hospital & Medical Ins.

                    $26,960

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Add a grant funded FT Assistant Public Defender


II. Justification:

To meet NYS ILS current caseload standards


III. Legislative Impact:

Pursuant to Article 2 of the Charter, the County Executive has the authority to authorize new employee hiring and appropriate funds.


IV. Financial Impact:

None.  No cost to County.  100% grant funded. should the grant funding for this position be reduced and/or end the position shall be eliminated



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 114 of 2024

DATED: March 26, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING 2024 OPERATING BUDGET WITH FORFEITURE  MONEY (DISTRICT ATTORNEY)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, forfeiture money from a criminal case in thea mount of $3,813.75 has been deposited with the Montgomery County Treasurer and placed in Revenue Line .2626 (Forfeiture Crimie Proceeds - Restricted), and

WHEREAS, said forfeiture funds are to be used to purchase equipment, pay for training and provide funds for travel related to extradition of defendants for various law enforcement agencies throughout Montgomery County, it is

RESOLVED, that the Montgomery County Treasurer is hereby authorized to amend the 2024 Operating Budget as follows:

INCREASE REVENUES:

A-25-3-2626                    FORFEITURE CRIME PROCEEDS - RESTRICTED                            $3,813.75

INCREASE EXPENDITURES:

A-25-4-1165-.4522           DA/LAW ENFORCEMENT PROGRAM                                           $3,813.75

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To use forfeiture money from drug related prosecutions in Montgomery County to purchase equipment, provide money for training to law enforcement agencies throughout Montgomery County as well as provide money for travel related expenses in connection with extraditing defendants from other states back to NYS for prosecution with no cost to the County of Montgomery.


II. Justification:

Law enforcement agencies benefit from purchases made using forfeiture money for equipment, training and travel that they would otherwise not have available to them.  Said funds were deposited with the Montgomery County Treasurer on February 21, 2024 in the amount of $3,813.75.


III. Legislative Impact:

Pursuant to Article 2 of the Charter, the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

  Forfeiture money deposited will offeset expenditures.



cc: County Clerk
County Treasurer