RESOLUTION NO. 137 of 2021 DATED: June 22, 2021

---

RESOLUTION CONFIRMING APPOINTMENT OF ASSIGNED COUNSEL ADMINISTRATOR MADE BY THE COUNTY EXECUTIVE (COUNTY LEGISLATURE)

---

Resolution by Legislator:   Dimond

Seconded by:

Sweet

WHEREAS, Local Law 4 of 2020 created the Department of Assigned Counsel; and

WHEREAS,  it is necessary to appoint an Assigned Counsel Administrator; and

WHEREAS,  pursuant to §3.02 and §3.03 of the Montgomery County Charter, the County Executive has the power to make appointments; and 

WHEREAS,  pursuant to Local Law 4 of 2020 the Assigned Counsel Administrator shall be appointed on the basis of required legal experience and other qualifications appropriate to the responsibilities of the office; and 

WHEREAS, pursuant to Local Law 4 of 2020 the powers and duties of the Assigned Counsel Administrator are as follows:

a.) Develop and monitor program policies, standards, and operational procedures;

b.) Ensure that standards of eligibility are developed;

c.) Ensure that applicants for counsel meet these standards, through investigation where necessary;

d.) Supervise and/or locate attorneys to handle assignments;

e.) Review and act upon attorney vouchers for work performed; and

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall confirm appointments no longer than sixty (60) days after the appointment has been filed with the Clerk of the Legislature; and 

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall undergo a committee review of appointees; and 

WHEREAS, the County Executive appointed Kimberly Van Wormer, Esq. as the Assigned Counsel Administrator on the basis of her required legal experience and other qualifications appropriate to the responsibilities of the office; and 

WHEREAS, the Montgomery County Legislature has undergone a committee review of Kimberly Van Wormer, Esq.; and 

WHEREAS, the Montgomery County Legislature has approved the appointment of Kimberly Van Wormer, Esq.  as Assigned Counsel Administrator; and 

WHEREAS, it has been less than sixty (60) days after the appointment was filed with the Clerk of the Legislature. 

THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby confirms the appointment of Kimberly Van Wormer, Esq. as Assigned Counsel Administrator for a term concurrent with that of the County Executive, terminating on December 31, 2021; and 

FURTHER RESOLVED, that it is understood and agreed that such benefits of defense and indemnification are conferred upon Kimberly Van Wormer, Esq. as Assigned Counsel Administrator for any acts or omissions while acting within the scope of her duties as Assigned Counsel Administrator.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

VanWormer Appointment Letter
Statement of Legislative and Financial Impact:

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

cc:	County Clerk County Treasurer

---

Voting Record Kelly  (R)  Yes   Sweet  (R)  Yes   Dimond  (D)  Yes   Headwell, Jr.  (R)  Yes   Wilson  (R)  Yes   Duchessi  (D)  Absent   Pepe  (R)  Yes   Isabel  (D)  Absent   Purtell  (D)  Yes

STATE OF NEW YORK County of Montgomery ss.:       This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 22nd day of June, 2021, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.       IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 25th day of June, 2021 Totals: Aye: 7 Nay: 0   Abstained: 0 Absent: 2