RESOLUTION NO. 113 of 2024 DATED: March 26, 2024

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

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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:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

cc:	County Clerk County Treasurer

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Voting Record Kelly  (R)  Yes   Sweet  (R)  Yes   Allen  (D)  Yes   Headwell, Jr.  (R)  Yes   Wilson  (R)  Yes   Majewski  (D)  Yes   Pepe  (R)  Yes   Kowalczyk  (D)  Yes   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 26th day of March, 2024, 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 28th day of March, 2024 Totals: Aye: 9 Nay: 0   Abstained: 0 Absent: 0